Minutes - Board - 2023-01-10COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS STUDY SESSION
JANUARY 10, 2023
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, Arlene Schafer, Bob Ooten, Brett Eckles, Mike Scheafer
Members absent
None
Staff present
Scott Carroll (General Manager), Noelani Middenway (District Clerk and Public
Information Officer), Gina Terraneo (Management Analyst II), Alan Burns (District
Counsel), Dyana Bojarski (Administrative Services Manager), Kaitlin Tran (Finance
Manager), Mark Esquer (District Engineer), Nabila Guzman (Management Analyst
I), David Griffin (Interim Code Enforcement Officer), Evan Schneider (Solid Waste
Intern)
Others present
Julie Barreda, CR&R
Mike Carey, CR&R
Meeting Called to order at 8:00 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 Scheafer called the meeting to order at 8:00 A.M.
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District Clerk & Public Information Officer, Noelani Middenway, noted that
President Scheafer, Vice President Schafer, Secretary Perry, Vice Secretary
Ooten, and Director Eckles were present.
B. PUBLIC COMMENTS
Procedural: 1. Public Comments
President Scheafer opened public comments.
Ms. Middenway stated that the District received written comments, which
have been disseminated to the Board.
Hearing no additional comments, President Scheafer closed public
comments.
C. ITEMS OF STUDY
Action, Receive and File: 1. Receive and File December 2022 Code Enforcement
Officer Report
Recommendation: That the Board of Directors receive and file this report.
Interim Code Enforcement Officer, David Griffin, provided report details. He
discussed a scavenging case on Wallace Avenue.
Discussion followed regarding scavenging cases and patrol hours.
Vice President Schafer inquired about using stickers to deter scavenging.
Mr. Griffin stated that he can place those stickers on trash carts that are
frequently scavenged. He added that he also distributes yellow scavenging
flyers to warn scavengers about citations.
President Scheafer asked if Mr. Griffin has noticed Christmas trees being
placed curbside for collection.
Mr. Griffin stated that he has noticed many Christmas trees placed outside
for pickup. He recommended extending the collection period by one week.
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Discussion followed regarding the requirements for Christmas tree
collection.
Vice Secretary Ooten commented that Christmas trees were adequately
picked up in his neighborhood.
Mr. Griffin stated that he has been following up with missed Christmas trees
pickups.
Secretary Perry asked if the District hired a third -party vendor to assist with
Christmas tree collection.
General Manager, Scott Carroll, confirmed that the District hired a third -
party vendor to assist with picking up Christmas trees after CR&R's collection
period.
Vice President Schafer suggested thanking the Daily Pilot for sharing
information about the Districts' Christmas Tree Collection Program.
Vice Secretary Ooten recommended discussing the program with the City of
Costa Mesa to ensure that they have the correct information.
Director Eckles requested to review the Christmas Tree Collection Program
at an upcoming meeting.
Mr. Carroll stated that staff will provide a report to the Board at their
February Study Session.
There was no further discussion, and the report was received.
Action: 2. Fourth Review of Draft Agreement Amendment with CR&R
Incorporated
Recommendation: That the Board of Directors direct staff to bring back the final
version of the amended agreement with CR&R Incorporated to the January 23, 2023
Board of Directors meeting for approval consideration.
Management Analyst I, Nabila Guzman, presented report details. She
discussed updating the amendment with regards to cart label language,
liquidated damages, and compensation schedules.
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Vice Secretary Ooten inquired about the number of Organic Recycling
Carts per customer.
Discussion followed regarding the number of carts included with trash
service.
Ms. Guzman clarified that trash service includes up to two Organics
Recycling Carts.
Vice Secretary Ooten recommended providing more compost to customers
throughout the year. He suggested removing the fee schedule in Exhibit B.
He noted that he supports the amendment but requested to review the costs
associated with Senate Bill (SB) 1383. He also inquired about the amount of
reserves being appropriated and discussed how SB 1383 and occupancy
costs will affect solid waste rates.
Mr. Carroll stated that staff will provide the requested information by the
end of this month.
Director Eckles expressed support for Vice Secretary Ooten's comments. He
inquired about the changes to liquidated damages for missed trash pickups.
Mr. Guzman stated that it is easier for staff to review the liquidated damages
data on an annual basis rather than monthly or weekly.
Director Eckles discussed the purpose of the liquidated damages policy and
requested to review them on a monthly basis and to establish a cap of 92
missed trash pickups per month. He added that a monthly review may result
in more consistent trash service from CR&R.
Mr. Carroll stated that staff will be monitoring that data monthly.
Ms. Guzman stated that the language can be amended to 92 missed trash
pickups per month rather than 1,104 missed trash pickups per year.
President Scheafer expressed agreement with the updated language.
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Mr. Carroll confirmed that the rate of monthly missed trash pickups and the
estimated costs of liquidated damages will be monitored by staff.
President Scheafer stated that the Board received written comments from
the Citizens Advisory Committee (CAC) Chair, Elodie Katz, regarding this
item. He asked for staff to elaborate on her comments regarding a cart size
of 35-gallons.
Ms. Guzman stated that CR&R offers a 35-gallon cart, but it is not included in
the amendment. She noted that the option for a 35-gallon cart can be added
to the amendment.
Vice Secretary Ooten asked if the various cart sizes will be available to all
customers.
Ms. Guzman confirmed that customers will have the option to select their
cart size (35-gallon, 65-gallon, or 90-gallon).
President Scheafer stated that the 35-gallon cart is considered an exception
for customers who do not produce enough waste or have enough storage
space for a larger sized cart.
Discussion followed regarding 35-gallon carts.
President Scheafer inquired about the three knock -and -talks included in the
amendment.
Ms. Guzman stated that the knock -and -talks are offered by CR&R. She shared
that most customers are not interested in discussing trash service. She noted
that they could be helpful in addressing cart contamination issues.
Discussion followed regarding removing the knock -and -talks from the
amendment and the status of knock -and -talks in the City of Newport Beach
by CR&R.
President Scheafer inquired about using the data provided by CR&Ws trash
trucks.
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Ms. Guzman stated that the amendment grants staff access to CR&R's
geographical information systems (GIS) data. She shared that this access will
help the District track data related to liquidated damages.
Director Eckles inquired about cart signage.
Ms. Guzman stated that the carts will include stickers with pictures and
bilingual text. She noted that staff and the Board will review and approve
the stickers.
Discussion followed regarding CR&R's collection of cardboard during the
recent holiday season.
Mr. Carroll confirmed that staff will present the Board a revised agreement
at the January Board meeting for approval consideration.
There was no further discussion.
Action: 3. Consider Providing Bin Service for Equestrian Properties in Santa
Ana Heights
Recommendation: That the Board of Directors provide direction to staff.
Mr. Carroll discussed the difference between trash carts and trash bins. He
stated that trash carts are collected by side -loading trucks and trash bins are
collected by front -loading trucks. He presented a map of the Santa Ana
Heights area. He shared that, since the late 1950s, the District has been
collecting trash in the Santa Ana Heights area, according to Resolution 1958-
69. He added that this area is zoned for equestrian use. He explained that,
due to the amount of waste produced by the horses in this area, these
residences require trash bins rather than trash carts. However, he noted that
because CR&R only provides trash cart service, these residences have had to
acquire trash bin service from one of the City of Newport Beach's approved
waste haulers. He shared that the City received a complaint from a resident
reporting that there are four different waste haulers servicing this area six
days per week, which has created noise and traffic issues. He stated that the
City contacted the District for assistance. He assured the Board that the
District has the right to provide service to properties in this area as the
exclusive waste hauler.
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President Scheafer inquired about the type of trash service that the District
would provide to these residences.
Mr. Carroll stated that the District would provide trash bin service through
CR&R to eliminate the issue of multiple haulers. He noted that a cease and
desist letter would be sent to the other haulers.
Ms. Guzman stated that some residences in the area currently have trash
cart service with the District and trash bin service with another waste
hauler. She noted that some residences have multiple trash bins.
President Scheafer asked if the City of Costa Mesa is involved in this issue.
Mr. Carroll stated that only the City of Newport Beach is involved.
Director Eckles suggested proceeding with a full legal review. He noted that
there have been many complaints about the multiple trash trucks servicing
this area.
Secretary Perry inquired about the City of Newport Beach's involvement.
Mr. Carroll clarified that the various waste haulers will still be approved to
provide service to Newport Beach properties aside from the residences in
the Santa Ana Heights area.
President Scheafer asked where the equestrian waste will be processed.
CR&R Representative, Mike Carey, stated that some will be transported to
CR&R's Anaerobic Digestion Facility. He noted that the District will receive
diversion credit for the organic waste.
The Board directed staff to continue gathering information on this issue.
There was no further discussion.
D. CLOSING ITEMS
Procedural: 1.Oral Communications and Director Comments
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Vice President Schafer commented that the District's Popular Annual
Financial Reporting (PAFR) award should be added to an upcoming agenda.
Mr. Carroll stated that the District will be issuing a press release about the
award.
Director Eckles thanked CR&R for their Christmas tree collection service for
this year. He noted that the program drastically improved in comparison
with the last few years.
There were no additional comments.
Procedural: 2. Adjournment
President Scheafer adjourned the meeting at 8:50 A.M.
A3-P
Art Perry
Secretary
M' a Scheafer
President