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Minutes - Board - 2023-09-12COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS STUDY SESSION SEPTEMBER 12, 2023 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), Alan Burns (District Counsel), Steve Cano (Wastewater Maintenance Superintendent), Marissa Pereyda (Management Analyst II), David Griffin (Code Enforcement Officer), Angela Colunga (Administrative Assistant I), Mark Esquer (District Engineer), Dyana Bojarski (Administrative Services Manager), Tanisha Tingling (Management Analyst I) Others present Adam Probolsky, Probolsky Research Jasmin Tutor, Young Southeast Asian Leadership Initiative fellow Joe Jenkins, EEC Environmental Jim Mosher, District resident Khoa Nguyen, Young Southeast Asian Leadership Initiative fellow Michael Tou, Citizens Advisory Committee Vice Chair 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. COSTA MESA SANITARY DISTRICT PAGE 2 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD SEPTEMBER 12, 2023 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. Hearing none, he closed public comments. C. ITEMS OF STUDY Action: 1. Consider Awarding Contract for Community Survey Services to Probolsky Research Recommendation: That the Board of Directors: 1. Approve awarding a contract for Community Survey Services to Probolsky Research in the amount of $39,200; and 2. Direct the general manager to sign the contract. Management Analyst II, Marissa Pereyda, presented report details. She stated that the District conducts a bi-annual Community Survey in order to quantify the level of satisfaction, feedback, and awareness of District programs from District ratepayers. She discussed the scope of services of the Community Survey and the District's request for proposal (RFP) process. She shared that Probolsky Research received the highest score from each RFP evaluator. Director Eckles inquired about the RFP's responsiveness criteria. Ms. Pereyda stated that the criterion of responsiveness refers to the firm's overall response to the RFP including its clarity, conciseness, and thoroughness. Director Eckles inquired about the District's scoring process. General Manager, Scott Carroll, explained the District's method for evaluating proposals. COSTA MESA SANITARY DISTRICT PAGE 3 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD SEPTEMBER 12, 2023 Director Eckles recommended standardizing the rating process for all proposals. He inquired if the District received any bid protests. Ms. Pereyda stated that the District received some inquiries regarding the rated proposal worksheets. Vice Secretary Ooten stated that the rating criteria was published in the RFP so every firm was aware of how they would be evaluated. Discussion followed regarding the firms that were previously used to perform the survey. Motion: To: 1. Approve awarding a contract for Community Survey Services to Probolsky Research in the amount of $39,200; and 2. Direct the general manager to sign the contract. Motion by Brett Eckles, second by Bob Ooten Vice President Schafer expressed her support for Probolsky Research. Discussion followed regarding the Board's authority to approve this item at a Study Session and the timeline of the Community Survey process. Vice Secretary Ooten expressed his concern regarding the Citizen Advisory Committee's (CAC) involvement in drafting the survey. Final Resolution: Motion Carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Brett Eckles, Mike Scheafer No: None There was no further discussion. Action, Receive and File: 2. Receive and File August 2023 Code Enforcement Officer Report Recommendation: That the Board of Directors receive and file this report. Code Enforcement Officer, David Griffin, presented report details. He stated that he encountered ten scavengers and provided details regarding a COSTA MESA SANITARY DISTRICT PAGE 4 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD SEPTEMBER 12, 2023 scavenging encounter on 20th Street. He discussed trash carts in public view and noted that 1S8 violations were issued in August 2023. Discussion followed regarding trends in trash carts in public view violations. Vice Secretary Ooten asked how many people called the District to report trash carts in public view. Mr. Griffin stated that none of the violations issued were due to residential complaints. He noted that they were all detected during patrol. There was no further discussion, and the report was received. Action, Receive and File: 3. Receive and File Oral Summary of 38th Annual Tri- State Seminar on August 7-10, 2023 Recommendation: That the Board of Directors receive and file this report. Mr. Carroll introduced the item. Wastewater Maintenance Superintendent, Steve Cano, presented report details. He provided an overview of the Tri-State Seminar, including its history, location, classes and workshops, and District staff s main takeaways from the event. President Scheafer thanked Mr. Cano for the report. There was no further discussion, and the report was received. Action: 4. Consider Approving Contribution Program Application for Coastal Cleanup Day at the Bay Recommendation: That the Board of Directors: 1. Approve the Newport Bay Conservancy's contribution application requesting $1,250 sponsorship for the Coastal Cleanup Day at the Bay event; and 2. Make a finding that this contribution will increase District visibility and advance the District's statutory purpose of solid waste collection through the removal of litter from the Back Bay. COSTA MESA SANITARY DISTRICT PAGE 5 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD SEPTEMBER 12, 2023 Ms. Middenway presented report details. She stated that the District received a contribution request from the Newport Bay Conservancy for their Coastal Cleanup Event. She shared that the District has sponsored the event for the past two years. She added that the District's contribution will increase its visibility with its logo being included on the event's outreach materials, website, and t-shirt. She explained how this event relates to the District's purpose. Discussion followed regarding the District's public spill in 2016 that affected the Newport Back Bay. Vice President Schafer expressed her support for contributing to this event. Director Eckles asked if the District will be hosting a booth at the event. Ms. Middenway stated that District staff will be volunteering for the event by cleaning the Newport Back Bay. Secretary Perry inquired about the District's funding levels for contribution requests. President Scheafer expressed his support for the event but recommended decreasing the District's contribution level from $1,250 to $750. Motion: To: 1. Approve the Newport Bay Conservancy's contribution application in the amount of $750 to sponsor the Coastal Cleanup Day at the Bay event; and 2. Make a finding that this contribution will increase District visibility and advance the District's statutory purpose of solid waste collection through the removal of litter from the Back Bay. Motion by Brett Eckles, second by Arlene Schafer. Director Eckles stated that the organization should have submitted their application earlier for the Board to consider. COSTA MESA SANITARY DISTRICT PAGE 6 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD SEPTEMBER 12, 2023 President Scheafer asked District staff to provide more information on previous contributions. Final Resolution: Motion Carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Brett Eckles, Mike Scheafer No: None There was no further discussion. Action, Receive and File: S. Receive and File CMSD's Fats Oil Grease (FOG) Program Annual Assessment Report Recommendation: That the Board of Directors receives the presentation from Joe Jenkins of EEC Environmental regarding the District's FOG Control Program and provide input to staff. Mr. Carroll introduced the item and Joe Jenkins of EEC Environmental. Mr. Jenkins presented an overview of FOG program activities, including how EEC prioritizes food service establishments (FSEs) based on risk, education and outreach, inspections and enforcement, data management, plan review and customer service support, and FOG source characterization and reduction of enhanced maintenance locations (EMLs). He reported that there was an increase in the number of FSEs in the program over the past few years. He described how FSEs are prioritized for inspection based on risk criteria and presented FSE compliance rates. He shared two FSEs that are inspected frequently due to compliance issues. President Scheafer noted that the large breakfast chain experiencing compliance issues is located on a street block containing multiple fast-food restaurants. Mr. Jenkins discussed EMLs and how they are addressed. He noted that there are currently 18 EMLs. Director Eckles inquired about the program's enforcement measures. Mr. Jenkins stated that EEC Environmental issues warning letters to businesses found in noncompliance. He added that EEC Environmental COSTA MESA SANITARY DISTRICT PAGE 7 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD SEPTEMBER 12, 2023 may also revoke a business's conditional FSE permit and require them to install a grease interceptor. Discussion followed regarding how EEC Environmental maintains its list of current businesses and small restaurants located on 19th Street experiencing FOG issues. Vice Secretary Ooten inquired about mainline grease interceptors. Discussion followed regarding the complications associated with mainline grease interceptors. District Counsel, Alan Burns, stated that the District has the ultimate authority to disconnect a business from the public sewer system. Vice President Schafer suggested that EEC Environmental coordinates with the Costa Mesa Chamber of Commerce to attend new restaurant openings. Joe Jenkins discussed the inspection process for new facilities. Discussion followed regarding facilities requiring re -inspection services due to compliance issues and the disposal of cooking grease under five gallons. Mr. Jenkins continued his presentation on FOG discharge mitigation and key program trends. He discussed FOG program recommendations. Vice Secretary Ooten requested more information on facilities that are required to produce monthly reports regarding their best management practices and FOG training. President Scheafer thanked EEC Environmental for their partnership with the District and Mr. Jenkins for his concise report. There was no further discussion, and the report was received. D. CLOSED SESSION COSTA MESA SANITARY DISTRICT PAGE 8 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD SEPTEMBER 12, 2023 1. Adjourn to Closed Session - CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9. This closed session is being held pursuant to subdivision (e)- existing facts and circumstances which may result in litigation, but which facts and circumstances are unknown to the potential plaintiff. Number of potential cases: 1 President Scheafer opened public comments. District resident, Jim Mosher, commented that the condition for holding a closed session is rather unusual and indicates a bad impression of the District to the public. He stated that it implies that the District has done something wrong and could be subject to litigation, but the District does not want the public to be aware of the issue. President Scheafer closed public comments and adjourned to a short break at 9:08 A.M., followed by the closed session at 9:13 A.M. E. OPEN SESSION 1. Reconvene to Open Session President Scheafer reconvened the meeting from closed session at 9:46 A.M. 2. Report to Action Taken in Closed Session President Scheafer stated that no reportable action was taken during the closed session. F. CLOSING ITEMS Procedural: 1. Oral Communications and Director Comments Vice Secretary Ooten commented on the FOG program recommendation regarding reactive pump station maintenance. He recommended working with the Orange County Sanitation District (OCSD) to learn more about electrical instrumentation for pump stations. COSTA MESA SANITARY DISTRICT PAGE 9 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD SEPTEMBER 12, 2023 There were no additional comments. Procedural: 2. Adjournment President Scheafer adjourned the meeting at 9:49 A.M. in remembrance of 9/11 victims, first responders, and those who continue to die from the trauma of the event and in remembrance of the victims from the recent earthquake in Morocco. Art Perry Secretary Mike Scheafe President