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2025_01_14_study_sessionTuesday, January 14, 2025 Board of Directors Study Session Time: 9:00 a.m. Location: Costa Mesa Sanitary District - 290 Paularino Ave., Costa Mesa, CA 92626 *** The livestream of the meeting can be viewed by clicking the "Video" icon on this page (which will be made available at the start of the meeting) or by visiting www.youtube.com/CostaMesaSanitary. *** To participate in the meeting by computer: 1. Copy and past the following into your browser - https://us02web.zoom.us/join 2. Enter the Meeting ID number - 825 2896 6090 3. Click "Join." *** To join the meeting with a mobile device: 1. Download the Zoom app at the Google Play Store (for Android devices) or the App Store (for Apple devices) 2. Open the Zoom app. Select "Join a Meeting." 3. Enter Zoom Meeting ID. Select "Join Meeting." *** To join the meeting by phone: 1. Call 1-669-900-6833. 2. You will be asked to enter the Meeting ID number. Dial 825 2896 6090# 3. Lastly, you will be asked to enter your Participant ID. Press the # symbol again to bypass this step. *** Public Comments: Members of the public can submit any comments in real time during the meeting or prior to the meeting in writing for the Board of Directors' consideration by sending them to the District Clerk, Noelani Middenway, at nmiddenway@cmsdca.gov. Those comments will be made part of the official public record of the meeting. *** Obtaining Agenda Materials: The public is entitled to copies of all documents that are made part of the agenda packet. If any document or other writing pertaining to an agenda item is distributed to all or a majority of the Board after the packet is prepared, a copy of that writing may be obtained from the District Clerk's Office. *** In Compliance with ADA: Contact District Clerk, Noelani Middenway, at (949) 645-8400, 48 hours prior to meeting if assistance is needed (28 CFR 35.102.35.104 ADA Title II). A. OPENING ITEMS Subject 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.) Meeting Jan 14, 2025 - Board of Directors Study Session Access Public Type Procedural Michael Scheafer, President Robert Ooten, Vice President Arthur Perry, Secretary Arlene Schafer, Vice Secretary Nicole Wiltshire, Director B. PUBLIC COMMENTS - This time has been set aside for persons in the audience to make comments on items within the subject matter jurisdiction of the Costa Mesa Sanitary District that are not listed on this agenda. Members of the public will have the opportunity to address the Board of Directors about all other items on this agenda at the time those items are considered. Under the provisions of the Brown Act, the Board of Directors is prohibited from taking action on oral requests but may refer the matter to staff or to a subsequent meeting. The Board of Directors will respond after public comment has been received. Please state your name. Each speaker will be limited to four (4) continuous minutes. Subject 1. Public Comments Meeting Jan 14, 2025 - Board of Directors Study Session Access Public Type Procedural C. ITEMS OF STUDY To: Board of Directors Via: Scott Carroll, General Manager From: David Griffin, Code Enforcement Officer Date: January 14, 2025 Subject: Receive and File December 2024 Code Enforcement Officer Report Summary This report summarizes major points for three ordinance enforcement topics covering scavenging, graffiti on trash carts, and trash container enforcement. For the month of December 2024, the CMSD Code Enforcement Officer (CEO) focused his efforts on patrols in various parts of the community. The goal is to identify and deter instances of scavenging and residential trash carts left within the public view. Recommendation That the Board of Directors receive and file this report. Analysis In the month of December, Officer Griffin observed 8 individuals searching in trash carts on Royal Palm, Santa Ana, Van Buren, Paularino, Towne, Maple, Center, and Ford Road. All individuals were advised of the District's scavenging law and given verbal warnings before they went on their way. In the month of December, Officer Griffin issued 0 first warnings notices (yellow tag) to residential properties for having their trash carts in public view. Officer Griffin did not observe graffiti on trash carts in the months of December. To address resident concerns, Officer Griffin is patrolling streets by 6:30 a.m. Legal Review Not applicable. Environmental Review Code enforcement activities and reporting are not a disturbance of the environment similar to grading or construction and do not constitute a project under CEQA or the District’s CEQA Guidelines. Financial Review Officer Griffins' activities are funded in the adopted budget. Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the January 14, 2025, Board of Directors Study Session meeting at District Headquarters and posted on the District’s website. Alternative Actions Direct staff to report back with more information. File Attachments Code Enforcement Officer Report December 2024.pdf (733 KB) Subject 1. Receive and File December 2024 Code Enforcement Officer Report Meeting Jan 14, 2025 - Board of Directors Study Session Access Public Type Action, Receive and File Recommended Action That the Board of Directors receive and file this report. C. ITEMS OF STUDY To: Board of Directors Via: Scott Carroll, General Manager From: Marissa Pereyda, Senior Management Analyst Date: January 8, 2025 Subject: Door-to-Door HHW Collection Program Report Summary Many common household products are hazardous and can pose a threat to the health of humans, animals, and the environment if they are handled or disposed of incorrectly. Costa Mesa Sanitary District's Door-to-Door Household Hazardous Waste (HHW) Collection Program allows customers to dispose of hazardous items safely and conveniently. Since July 1, 2018, 3,859 pickup requests have been completed and 335,460 pounds of HHW have been collected under this program. Recommendation That the Board of Directors receive and file this report. Analysis On August 21, 2012, CMSD established a Door-to-Door HHW Collection Program for senior, immobile, and disabled customers. Beginning in 2015, customers who were ineligible for the door-to-door program could take fluorescent light tubes and household batteries to Orange Coast College (OCC) Recycling Center via a District sponsored program. In addition, other HHW could be taken to one of Orange County Waste & Recycling's permanent HHW collection centers. Common HHW includes electronic waste, household batteries, fluorescent lights, aerosol cans, household cleaners, antifreeze, motor oil, paint, pool chemicals, pesticides, and sharps. Beginning July 1, 2018, CMSD expanded the Door-to-Door HHW Collection Program to all CMSD solid waste customers. Through this program, customers may request up to three (3) HHW pickups per calendar year, with up to 25 gallons or 125 pounds of HHW allowed per pickup. The District sponsored fluorescent tube and battery disposal program at OCC Recycling Center ceased on June 30, 2021. The charts below illustrate pickup requests and pounds collected for each fiscal year since the Door-to-Door Program was expanded to all CMSD solid waste customers on July 1, 2018. The charts distinguish between HHW collections and E-waste collections. E-waste collections include items such as televisions, printers, cell phones, and small appliances. HHW refers to all other types of household hazardous waste. During FY 2023-24, HHW pickups were almost always scheduled within one week and minimal complaints were reported. Fiscal Year Requests Completed Pounds Collected FY 2018-19 467 50,860 FY 2019-20 561 43,860 FY 2020-21 664 51,220 FY 2021-22 542 42,940 FY 2022-23 821 62,340 FY 2023-24 804 84,240 3,859 335,460 Subject 2. Door-to-Door HHW Collection Program Report Meeting Jan 14, 2025 - Board of Directors Study Session Access Public Type Action, Receive and File Recommended Action That the Board of Directors receive and file this report. Legal Review Not applicable. Environmental Review Consideration of the HHW Collection Program is an administrative matter and is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures "to list those specific activities which fall within each of the exempt classes," and the District has adopted "CEQA Guidelines and Implementing Procedures" that state on page 6 "Projects" does not include... C. Continuing administration or maintenance activities. Financial Review The Door-to-Door HHW Collection Program is provided by CR&R and funded through the District's contract with CR&R and the existing solid waste rate structure. Public Notice Process Copies of this report are on file and will be included in the complete agenda packet for the January 14, 2025, Board of Directors Study Session at District Headquarters and posted on the District's website at www.cmsdca.gov. Alternative Actions Refer item back to staff with further instructions. File Attachments HHW Pounds Collected and Requests Completed.pdf (420 KB) C. ITEMS OF STUDY To: Board of Directors Via: Scott Carroll, General Manager From: Marissa Pereyda, Senior Management Analyst Date: January 14, 2025 Subject: CR&R FY 2023-24 Annual Performance Review Summary Per Section 4.6 of the District's July 1, 2018, Agreement with CR&R Environmental Services (CR&R), the District shall prepare an annual performance review of CR&R that evaluates residential services as well as administrative services, including report preparation, accuracy, timeliness of transmittal, responsive to inquiries, database management, service levels, and helpfulness. Recommendation That the Board of Directors receive and file the FY 2023-24 CR&R Annual Performance Review. Analysis Each year, staff conducts a performance evaluation of CR&R to determine contract compliance and performance satisfaction. Performance is evaluated on the following grading scale: Excellent (E), Satisfactory (S), Unsatisfactory (U), and Not Applicable (N/A). The evaluation term of CR&R's Annual Performance Review is July 1, 2023, to June 30, 2024. The performance review found that CR&R demonstrated overall acceptable compliance for the year in review with five (5) Unsatisfactory areas out of sixty-three (63) total performance categories. Per the Performance Review, District staff continues to recommend CR&R with the expectation that the Unsatisfactory items are improved. In total, CR&R received the following ratings: three (3) Excellent, forty-three (43) Satisfactory, five (5) Unsatisfactory, and twelve (12) Not Applicable. A summary of CR&R's ratings is included below, with Excellent items listed in blue, Unsatisfactory items listed in red, and Not Applicable items listed in gray. The attached Performance Review includes additional information for each item. 1. SERVICES TO BE PROVIDED AND TERM – ARTICLE 2 Rating:E:S: U:N/A:Services to Be Performed (2.1) Rating:E:S: U:N/A:Term (2.2) Rating:E:S: U:N/A:Ownership of Solid Waste (2.3.1) Rating:E:S: U:N/A:Solid Waste Disposal (2.3.2) Rating:E:S: U:N/A:Residue/Flow Control (2.3.3) 2. HAULER COMPENSATION – ARTICLE 3 Rating:E:S: U: N/A:Hauler Compensation (3.1) Rating:E:S: U:N/A:Justification of Rates (3.2) Rating:E:S: U:N/A:Most Favorable Rate (3.3) Subject 3. CR&R FY 2023-24 Annual Performance Review Meeting Jan 14, 2025 - Board of Directors Study Session Access Public Type Action, Receive and File Recommended Action That that Board of Directors receive and file the FY 2023-24 CR&R Annual Performance Review. Rating:E:S: U:N/A:Consumer Price Index Adjustments (3.4) Rating:E:S: U:N/A: Landfill Charges (3.5) 3. RECORDS, REPORTS, REVIEWS AND AUDITS – ARTICLE 4 Rating:E: S:U: N/A:Monthly Reports (4.1) Rating:E:S: U:N/A:Waste Diversion (4.2) Rating:E:S:U:N/A: Audit of Hauler (4.3) Rating:E:S: U:N/A:Master Manifests (4.4) Rating:E:S: U:N/A:Access to Site (4.5) Rating:E:S: U:N/A:Annual Performance Review (4.6) Rating:E:S: U:N/A:Audit Rights (4.7) Rating:E:S: U:N/A:Corporate Structure (4.8) 4. OPERATIONS – ARTICLE 5 Rating:E:S: U:N/A:Containers (5.1) Rating:E:S: U:N/A:Additional Container Charges (5.2) Rating:E:S: U:N/A:Hauler’s Equipment (5.3) Rating:E:S: U:N/A:Limitations on Solid Waste Collection (5.4) Rating:E:S:U:N/A: Trash Accumulation (5.5) Rating:E:S: U:N/A:Operations Manager (5.6) Rating:E:S: U:N/A:Contract Liaison (5.7) Rating:E: S:U:N/A:Customer Service Designee (5.8) Rating:E:S: U:N/A:Office Hours (5.9) Rating:E:S: U:N/A:Information Cards (5.10) Rating:E:S: U:N/A:Driver Conduct/Uniforms (5.11) Rating:E:S: U:N/A:Employment /Non-Discrimination (5.12) Rating:E:S: U:N/A:Drug-Free Workplace (5.13) Rating:E:S: U:N/A:Liaison (5.14) 5. INSURANCE, BONDS AND INDEMNIFICATIONS – ARTICLE 6 Rating:E:S: U:N/A:Contamination Monitoring (6) Rating:E:S:U: N/A:Route Reviews and Waste Evaluations (6) Rating:E:S: U:N/A:Indemnification of District (6.1) Rating:E:S: U:N/A: CERCLA (6.2) Rating:E:S: U:N/A:Bond (6.3) Rating:E:S: U:N/A:Public Liability and Property Damage Insurance (6.4) Rating:E:S: U:N/A:Worker’s Compensation Insurance (6.5) 6. DEFAULT AND DAMAGES – ARTICLE 7 Rating:E:S:U:N/A: Default (7.1) Rating:E:S:U:N/A: Franchise Alternative (7.2) Rating:E:S:U: N/A:Liquidated Damages (7.3) 7. COLLECTION SCHEDULE – ARTICLE 8 Rating:E:S:U: N/A:Frequency of Collection (8.1) Rating:E:S:U:N/A: Schedule of Collections (8.2) Rating:E:S: U:N/A:Days/Hours of Collection (8.3) Rating:E:S: U:N/A:Disruption of Schedule (8.4) 8. SPECIAL PROGRAMS – ARTICLE 9 Rating:E:S: U:N/A:Christmas Tree Collection (9.1.1) Rating:E:S:U:N/A: Excess Boxes & Household Furnishings (9.1.2) Rating:E:S: U:N/A:Large Item Pickup (9.1.3) Rating:E:S:U:N/A: Alkaline Battery Recycling Program (9.1.4) Rating:E: S:U:N/A:Household Hazardous Waste Program (9.1.5) Rating:E: S:U:N/A:Annual Compost Event (9.1.6) Rating:E:S: U:N/A:Roll-out Service for Seniors/ADA Residents (9.1.7) Rating:E:S: U:N/A:Valet Service (9.1.8) Rating:E:S: U:N/A:Education Programs (9.2) Rating:E:S: U:N/A:Community Outreach Programs (9.3) Rating:E:S: U:N/A:Tours of the Site (9.4) 9. MISCELLANEOUS – ARTICLE 10 Rating:E:S:U:N/A: Non-Assignability (10.1) Rating:E:S:U:N/A: Venue (10.2) Rating:E:S: U:N/A:Compliance with All Laws (10.3) Rating:E:S: U:N/A:License and Permits (10.4) Rating:E:S:U:N/A: Severability (10.5) Rating:E:S: U:N/A: Integration (10.6) Total Ratings: E: 3 S: 43 U: 5 N/A: 12 The FY 2023-24 Annual Performance Review was presented to the Citizens Advisory Committee at the January 8, 2025, Citizens Advisory Committee meeting. Legal Review Not applicable. Environmental Review Consideration of CR&R's annual performance review is an administrative matter and is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures "to list those specific activities which fall within each of the exempt classes," and the District has adopted "CEQA Guidelines and Implementing Procedures" that state on page 6 "Projects" does not include... C. Continuing administration or maintenance activities. Financial Review There is no financial impact for conducting the FY 2023-24 Annual Performance Review of CR&R since the review is conducted by District staff. Public Notice Process Copies of this report are on file and will be included with the complete agenda packed for the January 14, 2025, Board of Directors Study Session held at 290 Paularino Avenue and posted on the District's website at www.cmsdca.gov. Alternative Actions Refer item back to staff with further instructions. File Attachments CR&R 2023-24 Performance Review 12.31.2024.pdf (418 KB) C. ITEMS OF STUDY To: Board of Directors Via: Scott Carroll, General Manager From: Dyana Bojarski, Administrative Services Manager Date: January 14, 2024 Subject: Holiday Closure Summary The District observes holidays on December 24, 25, and January 1. It is currently open to the public from December 26 to December 31, the day after Christmas through New Year's Eve. Staff is proposing a closure to the public during this period. This recommendation aligns with historical trends, as many employees take vacation during this time and office operations typically experience reduced activity. Recommendation That the Board of Directors approve the proposed office closure from December 26 through December 31. Analysis Historically the period between Christmas Day and New Year’s Day sees a significant number of employees taking time off and office operations generally experience reduced activity during this time. Rationale for Closure: 1. Employee Leave Trends: Over the years, a notable portion of our workforce uses their accrued leave time during the holiday period from December 24 to January 1 to spend with family and friends. 2. Public Interaction: District offices have typically experienced lower foot traffic and phone calls during this period, as many of our constituents and contractors are also on holiday break. 3. Work Flexibility: Employees who choose not to use their accrued leave time during this period will have the option to work, subject to supervisor approval. 4. Closure of District Offices to the Public: District offices will remain closed to the public during this period, minimizing operational disruptions and allowing for a seamless transition into the new year. 5. Wastewater Department: Wastewater employees will adhere to the standby duty schedule and be available to respond to any emergency situations that arise. 6. Solid Waste: Phone calls and online requests are immediately routed to CR&R to be addressed promptly. Other Local Agencies Other local agencies, including the Cities of Costa Mesa and Newport Beach, close during the holiday period. The City of Costa Mesa is closed from December 25 through January 1, while the City of Newport Beach operates half-day on December 24 and remains closed through January 1. Both cities require employees to use their accrued leave time, although employees also have the option to work with Subject 4. Holiday Closure Meeting Jan 14, 2025 - Board of Directors Study Session Access Public Type Discussion Goals 7.5 Human Resources Management - Maintain high level of employee satisfaction 7.1 Human Resources Management - Value and appreciate employees supervisor approval. If the Board approves staff's recommendation, on-call personnel will be available during the closures. Legal Review Not applicable. Environmental Review The consideration of the proposed holiday schedule is an administrative matter and is not a disturbance of the environment similar to grading or construction and is not a project under CEQA or the District's CEQA guidelines. Financial Review There would not be any additional financial impact to the budget. Employees would either work or utilize accrued leave time such as vacation, float holiday, administrative leave, or take leave without pay. Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the January 14, 2025, Board of Directors Study Session at District Headquarters and posted on the District's website. Alternative Actions 1. Direct staff to report back on January 27, 2025 to consider approving the proposed office closure 2. Direct staff to report back with more information 3. Do not approve the proposed closure during the holiday period. D. CLOSING ITEMS Subject 1. Oral Communications and Director Comments Meeting Jan 14, 2025 - Board of Directors Study Session Access Public Type D. CLOSING ITEMS The next Study Session of the Costa Mesa Sanitary District Board of Directors will be held at 9:00 a.m. on Tuesday, February 11, 2025 in the District's Boardroom, located at 290 Paularino Avenue, Costa Mesa, CA 92626. Subject 2. Adjournment Meeting Jan 14, 2025 - Board of Directors Study Session Access Public Type Procedural