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Minutes - Board - 2022-09-13COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS STUDY SESSION SEPTEMBER 13, 2022 NOTE: THIS HYBRID IN -PERSON AND TELECONFERENCED MEETING WAS CONDUCTED UTILIZING ELECTRONIC MEANS CONSISTENT WITH STATE OF CALIFORNIA ASSEMBLY BILL 361(Gov. CODE 54953(B)(3)). Members present Art Perry, Bob Ooten, Brett Eckles, Mike Scheafer Members absent Arlene Schafer Staff present Scott Carroll (General Manager), Noelani Middenway (District Clerk and Public Information Officer), Alan Burns (District Counsel), Dyana Bojarski (Administrative Services Manager), Nabila Guzman (Management Analyst I), David Griffin (Interim Code Enforcement Officer) Others present Mike Carey, CR&R Mike Balliet, Michael Balliet Consulting Mickey McGuire, Acorn Technology Services David McKissic, Acorn Technology Services Meeting called to order at 8:04 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 bylaw.) COSTA MESA SANITARY DISTRICT PAGE 2 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD SEPTEMBER 13, 2022 President Ooten called the meeting to order at 8:04 A.M. District Clerk and Public Information Officer, Noelani Middenway, noted that President Ooten, Vice President Scheafer, Director Perry, and Director Eckles were present while Secretary Schafer was not present. B. PUBLIC COMMENTS Procedural: 1. Public Comments President Ooten opened public comments. Hearing none, he closed public comments. C. ITEMS OF STUDY Action, Receive and File: 1. Receive and File Oral Report Regarding CMSD Cybersecurity Program Recommendation: That the Board of Directors receive and file this report. President Ooten introduced the report. General Manager, Scott Carroll, introduced the District's consultants from Acorn Technology Services, Mickey McGuire and David McKissic. Mr. McGuire provided an update on the District's cybersecurity program. He discussed virtual private networks (VPN) for remote working, additional off - site storage for data backups, vulnerability network scans, and a managed detection and response system for malicious activity. President Ooten asked if the managed detection and response system provides coverage to the District's remote computers. Mr. McGuire stated that all computers under Acorn's purview of management and support are included in the system. He discussed Acorn's cybersecurity awareness training and upcoming security projects regarding email. Discussion followed regarding redundancy issues related to network failures at District headquarters. COSTA MESA SANITARY DISTRICT PAGE 3 MINUTES OF THE BOARD OF DDIECTORS STUDY SESSION HELD SEPTEMBER 13, 2022 Director Eckles inquired about Acorn's service -level agreements (SLAs) in relation to downtime or a denial -of -service (DOS) attack. Mr. McGuire stated that Acorn has SLAs in terms of internet connection during a DOS attack. Vice President Scheafer discussed providing a cybersecurity update to the District's insurance provider, Special District Risk Management Authority (SDRMA). Mr. McGuire shared that most cybersecurity insurance providers will issue a questionnaire to determine insurance coverage and risk premiums. Discussion followed regarding SDRMA's cybersecurity coverage and the Los Angeles Unified School District cyber-attack. President Ooten asked if the District has budgeted for the necessary cybersecurity improvements. Mr. Carroll confirmed that the District's budget has sufficient funding for the additional cybersecurity measures. District Counsel, Alan Burns, inquired about insurance carriers providing coverage for cyber-related extortion demands. Mr. McGuire discussed insurance coverage and data loss prevention measures regarding cyber-related extortion. Director Eckles asked if the District has a policy regarding remote work. Mr. Carroll stated that District requires all employees to sign an agreement regarding remote work practices. Mr. McGuire shared that cybersecurity insurance questionnaires typically require an organization to have a formal policy regarding remote work. President Ooten requested to review the District's employee agreement for remote work practices. COSTA MESA SANITARY DISTRICT PAGE 4 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD SEPTEMBER 13, 2022 There was no further discussion, and the report was received. Action, Receive and File: 2. Receive and File August 2022 Code Enforcement Officer Report. Recommendation: That the Board of Directors receive and file this report. President Ooten introduced the item. Interim Code Enforcement Officer, David Griffin, presented report details. Discussion followed regarding scavenging activity in August 2022. Mr. Griffin continued his presentation and discussed trash cart in public view violations. President Ooten asked if trash carts in public view is a common violation and asked if each violation is tracked according to the location of the trash cart. Mr. Griffin stated that repeat offenders are tracked within the District's GoGov system. President Ooten requested more information regarding the average percentage of trash carts in public view violations. There was no further discussion, and the report was received. Action, Receive and File: 3. Receive and File Quarterly Legislative Report — Quarter 3 Recommendation: That the Board of Directors receive and file this report. President Ooten introduced the item. He requested more information regarding the legislative items related to Senate Bill (SB) 1383. Director Eckles suggested discussing this item at the September Board meeting. There was no further discussion, and the report was received. COSTA MESA SANITARY DISTRICT PAGE 5 MINUTES OF THE BOARD OF DHIECTORs STUDY SESSION HELD SEPTEMBER 13, 2022 Action, Receive and File: 4.2022 Missed Trash Pick -Up (January — August) Recommendation: That the Board of Directors receive and file this report. President Ooten introduced the item. Mr. Carroll presented report details. He noted that the amount of missed trash pickups increased from July 2022 to August 2022 due to staffing shortages and trash truck breakdowns. He shared that CR&R has improved their efforts to notify the District of upcoming service delays. Director Eckles commented that, since 2020, this issue has continued. He stated that customers have complained about being notified about service delays a day or two after their designated collection day. Mr. Carroll stated that multiple waste haulers are experiencing similar issues across the entire state. Director Eckles stressed the importance of creating an action plan to remedy this issue. Mr. Carroll stated that CR&R's action plan consists of hiring more drivers and buying new trash trucks, however, they have continued to experience hinderances to achieving both goals. Discussion followed regarding how the District intends to hold CR&R accountable for such issues. President Ooten inquired about CR&R's efforts to hire more employees. Mr. Carroll shared that CR&R has been attending job fairs and increasing their recruitment efforts but all companies within the industry are struggling to retain drivers and customer service representatives. Director Eckles suggested offering rebates to customers that have experienced multiple missed trash pickups. Mr. Carroll stated that District staff can discuss that suggestion with CR&R. COSTA MESA SANITARY DISTRICT PAGE 6 MINuTEs OF THE BOARD OF DIRECTORS STUDY SESSION HELD SEPTEMBER 13, 2022 President Ooten asked if there is an industry standard for missed trash pickups and how CR&R's performance compares to other local waste haulers. District solid waste consultant, Mike Balliet, stated that he is not aware of any such available data. He noted that it is typical for a waste hauler to experience 20 to 30 missed trash pickups per month. He added that data regarding missed trash pickups is not always reliable. He shared that most of his customers are experiencing similar issues to CR&R. President Ooten stated that most service providers experience dislocation in their service. He added that, according to the reported data, CR&R misses about less than 0.5% of all trash carts each month. Discussion followed regarding trash carts per customer and route efficiency. Mr. Burns discussed the District's leverage power in negotiating a new contract with CR&R. There was no further discussion, and the report was received. Action: 5. Consider Delaying Roll -Out of 3-Cart Solid Waste Collection System to Begin in January 2025 Recommendation: That the Board of Directors provide direction to staff. President Ooten introduced the item. Mr. Carroll provided report details and discussed postponing the transition to a three -cart system until January 2025. Director Perry expressed support for delaying the transition to a three -cart system. Discussion followed regarding how delaying the transition would affect the District's contract negotiations with CR&R. Mr. Balliet discussed how state regulations may affect the usage of high - diversion facilities. He confirmed that the District is currently in compliance with SB 1383. COSTA MESA SANITARY DISTRICT PAGE 7 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD SEPTEMBER 13, 2022 President Ooten expressed concerns for delaying the transition to a three - cart system until 2025. Director Perry stated that the District will have established its plan for a three -cart system by 2024. Director Eckles suggested annually reviewing the District's cart system to determine the best timeframe for the transition. Discussion followed regarding how a three -cart system may increase the rate of missed trash pickups. Mr. Balliet stated that the state regulations promote source separation and discourage mixed waste processing. He recommended discussing the transition to a three -cart system after CR&R completes a cart audit and is better equipped with staff and resources. Vice President Scheafer expressed support for continuing the District's education efforts for SB 1383 and postponing the transition until the District is fully prepared. Director Eckles expressed support for delaying the three -cart system and biannually reviewing the District's compliance efforts with SB 1383. Mr. Carroll stated that District staff will bring this item back to the Board in December 2022 for more discussion. There was no further discussion. D. CLOSING ITEMS Procedural: 1. Oral Communications and Director Comments Vice President Scheafer requested cybersecurity training and education regarding external devices. There were no additional comments. COSTA MESA SANITARY DISTRICT MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD SEPTEMBER 13, 2022 Procedural: 2. Adjournment President Ooten adjourned the meeting at 9:22 A.M. WWI Arlene Schafer Secretary BobOoten President PAGE 8