Loading...
Minutes - Board - 2018-03-18 solT4--v. 4"("--- O, i'L ''-:-- t yi ,,,,4' % .41' 00Rovp COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS STUDY SESSION MARCH 13, 2018 Members present Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer Members absent None Staff present Scott Carroll (General Manager), Alan Bums (District Counsel), Noelani Middenway (District Clerk), Robin Hamers (District Engineer), Steve Hodges (Finance Manager), Steve Cano (Wastewater Maintenance Superintendent), Ed Roberts (Code Enforcement Officer), Nabila Guzman (Management Analyst I), Gina Terraneo (Management Analyst II) Others present Pars Parikh (CR&R), Dean Ruffridge (CR&R), Joseph Jenkins (EEC Environmental), Jim Mosher(resident) Meeting called to order at 9:30 A.M. A. OPENING ITEMS Procedural: 1. Call to Order President Scheafer called the meeting to order at 9:30 A.M. Procedural: 2. 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.) District Clerk, Noelani Middenway, conducted roll call and all Board Members were present. 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 COSTA MESA SANITARY DISTRICT PAGE 2 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD MARCH 13, 2018 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. Procedural: 1. Public Comments President Scheafer opened public comments. Seeing no one wishing to speak, President Scheafer closed public comments. C. ITEMS OF STUDY Action: 1. Sewer System Management Plan (SSMP) Self Audit Recommendation: That the Board of Directors receive the PowerPoint presentation from EEC Environmental and direct staff to return on March 22, 2018 with the SSMP for adoption. Management Analyst I, Nabila Guzman, noted that the Sewer System Management Plan (SSMP) internal audit was conducted by EEC Environmental. She introduced Joseph Jenkins to present the audit findings. Joseph Jenkins of EEC Environmental presented the SSMP audit process and its findings. He noted that there were no major nonconformances identified. However, Mr. Jenkins identified 2 minor nonconformances and provided 11 recommended program enhancements. Additionally, he discussed sanitary sewer overflow (SSO) data, preventative maintenance, and the fats oils and grease (FOG) control program. Secretary Schafer asked if a timeline was established for completing the recommended program enhancements. Mr. Jenkins replied that the minor nonconformances should be completed by July 2018. Director Perry asked how many bypass pumps the District has. Wastewater Maintenance Superintendent, Steve Cano, replied that the District has 3 bypass pumps. Discussion followed regarding the District's sewer cleaning schedule, coordination with the City of Costa Mesa, and comparisons between the District and larger water-wastewater organizations. COSTA MESA SANITARY DISTRICT PAGE 3 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD MARCH 13, 2018 President Scheafer opened public comments. Jim Mosher, a resident, commented that a major contributor to the District's SSO in Newport Beach was a lack of coordination between the District and the City of Newport Beach. He asked if the District has taken any proactive measures to improve communication with the City of Newport Beach. President Scheafer closed public comments. District Engineer, Robin Hamers, noted that the District has distributed the appropriate contact information to the City of Newport Beach and District staff. Discussion followed regarding improving coordination with the County of Orange and accessing the Back Bay area. There were no further questions or discussion and the report was received. Action, Receive and File: 2. February 2018 Code Enforcement Officer Report Recommendation: That the Board of Directors receive and file this report. Code Enforcement Officer, Ed Roberts, reported that there were 9 scavenging investigations in the month of February. He noted that most of the investigations took place on the Westside of Costa Mesa. Mr. Roberts added that he followed up on concerns received by members of the community in the College Park and Northwest areas. Additionally, he noted that there were 95 notices issued for trash carts in public view. Discussion followed regarding scavenging activity on Peppertree Lane and pending alley construction projects. Secretary Schafer commented that she has received positive feedback regarding the District's code enforcement presence. She asked that the District add a feature in a future newsletter about District code enforcement. There were no further questions or discussion and the report was received. Action: 3. Organics Tonnage Report Recommendation: That the Board of Directors receive and file this report. General Manager, Scott Carroll, presented the report and invited questions from the Board of Directors. There were no questions or comments and the report was received. COSTA MESA SANITARY DISTRICT PAGE 4 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD MARCH 13, 2018 Action: 4. Solid Waste Diversion Report Recommendation: That the Board of Directors receive and file this report. General Manager, Scott Carroll, presented the report and invited questions from the Board of Directors. There were no questions or comments and the report was received. Action: 5. CR&R Contract Negotiations - Update Recommendation: That the Board of Directors receive and file this report. Management Analyst I, Nabila Guzman, provided an update regarding the District's contract negotiations with CR&R. She noted that there are several deal points that have been agreed upon by both parties, including a fixed term limit of ten years with two five year extension options, District-wide household hazardous waste collection, a free mulch giveaway event, annual reimbursements for public education and various programs, an outreach program to help the District reach its 75% diversion goal, free roll-out assistance to seniors and disabled residents, the availability of valet service for a $35 fee, and CPI increases that are contingent upon approval by the Board of Directors. However, Ms. Guzman noted that CR&R has not agreed to allow the District to utilize its GPS system for customer service purposes. She added that CR&R initially offered to provide video recordings of specific pickups upon request, but later failed to provide the videos due to their large file size. Director Perry commented that he would like to see the contract signed. He noted that discussions regarding the GPS services can continue and be added to the contract as an addendum at a later date. General Manager, Scott Carroll, commented that CR&R has concerns with the propriety and liabilities associated with releasing GPS information. He noted that the District offered to procure its own GPS system for CR&R's trucks. Additionally, he shared that he conferred with other general managers regarding the use of GPS and noted that they have not experienced records retention issues. Mr. Carroll commented that he believes that making GPS information available to the public would enhance the District's efficiency and customer service. President Scheafer requested that District Counsel, Alan Burns, provide clarification regarding records retention concerns. District Counsel, Alan Burns, noted that there is a disagreement about whether or not the GPS information would be considered public record. He added that an argument has been made by CR&R about the liabilities associated with sharing COSTA MESA SANITARY DISTRICT PAGE 5 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD MARCH 13, 2018 GPS information; however, Mr. Burns commented that he does not see validity in this argument. Mr. Carroll requested direction from the Board of Directors regarding pursuing shared GPS information. He commented that District staff will face difficulty negotiating for shared GPS information if the Board of Directors approves the contract without its inclusion. Dean Ruffridge of CR&R did not wish to comment on the correspondence between the District and CR&R; however, he commented that CR&R is committed to responding to District requests for GPS information within 2 hours of the request. Director Perry made a motion to include a 2 hour response time in the terms of the CR&R contract and to place the contract on an agenda for formal approval at a later date without the inclusion of a GPS sharing requirement. Secretary Schafer seconded the motion. Discussion followed regarding whether customers should call CR&R or the District to address solid waste issues. The Board of Directors unanimously directed staff to include a 2 hour response rate in the terms for the CR&R contract and to place the contract on an agenda for formal approval at a later date without the inclusion of a GPS sharing requirement. President Scheafer shared that he attended a Southern California Waste Management Forum and learned about potential solutions to cleaning organics recycling carts. Mr. Ruffridge noted that CR&R is in the process of rolling out a program to provide trash cart cleaning for a fee. He added that there are other companies that also provide this service. Additionally, President Scheafer shared that he learned about solid waste bills AB 2779, AB 2115, and AB 901. He requested that District staff research these bills and include them on the upcoming Quarterly Legislative Report. There were no further questions or discussion. Action, Receive and File: 6. Consider Applicants for the Citizens Advisory Committee Recommendation: That the Board of Directors considers applicants for the Citizens Advisory Committee. COSTA MESA SANITARY DISTRICT PAGE 6 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD MARCH 13, 2018 Management Analyst II, Gina Terraneo, presented report details. She noted that the District has received 4 applications for the Citizens Advisory Committee (CAC) and that the District needs 6 approved applicants to establish a quorum. President Scheafer commented that the applicants seem qualified and inquired about the deadline for applications. Ms. Terraneo noted that the District is accepting applications on a continual basis until all CAC positions are filled. President Scheafer and Director Perry requested that the District receive 6 applications before bringing the item to the Board of Directors for approval. Director Perry requested that District staff provide him with printed CAC applications for distribution. There were no further questions or comments and the report was received. Action, Receive and File: 7. Acceptance of the Orange County Regional Recycling &Waste Reduction Grant in the Amount of$30,000 Recommendation: That the Board of Directors receive and file the report. Management Analyst II, Gina Terraneo, presented report details. She noted that the District was awarded the Orange County Regional Recycling and Waste Reduction Grant in the amount of $30,000 for the purposes of implementing the Citizens Environmental Protection Academy and enhancing bilingual public outreach for the Organics Recycling program. Discussion followed regarding the logistics of the Citizens Environmental Protection Academy. There were no further questions or comments and the report was received. Action: 8. Contractor Violating District Operations Code §6.09.040 unlawful to dump unauthorized materials into the District's sewage system Recommendation: That the Board of Directors: 1. Request Orange County District Attorney, Tony Rackauckas, to commence and prosecute an appropriate action against Luna & Sons Concrete, Inc. for violating District Operations Code §6.09.040 unlawful to dump unauthorized materials into the District's sewage system; and 2. Direct District Counsel to submit the District's investigative report to the District Attorney. General Manager, Scott Carroll, presented report details. He noted that District staff is seeking direction regarding an incident on February 27, 2018 when a COSTA MESA SANITARY DISTRICT PAGE 7 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD MARCH 13,2018 contractor was observed dumping unauthorized materials in the District's wastewater system. Motion: To request Orange County District Attorney, Tony Rackauckas, to commence and prosecute an appropriate action against Luna & Sons Concrete, Inc. for violating District Operations Code §6.09.040 unlawful to dump unauthorized materials into the District's sewage system and direct District Counsel to submit the District's investigative report to the District Attorney. Motion by Arlene Schafer, second by Bob Ooten. President Scheafer asked if District staff contacted the resident that hired the violating contractor. Wastewater Maintenance Superintendent, Steve Cano, provided details regarding the incident and the District's response efforts. President Scheafer opened public comments. Jim Mosher, a resident, commented that the report states that the contractor violated penal code in addition to violating the District's code. He suggested that the Board of Directors include this violation in the request to District Attorney Rackauckas. President Scheafer closed public comments. District Counsel, Alan Burns, responded that it is the District's duty to report violations of the District's Operations Code and that District Attorney Rackauckas will make his own determination as to whether the contractor will be charged for the penal code violation. Motion Carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer There were no further questions or discussion. D. CLOSING ITEMS Procedural: 1. Oral Communications and Director Comments None at this time. Procedural: 2. Adjournment President Scheafer adjourned the meeting to closed session at 10:43 A.M. to confer with Legal Counsel in regards to the following existing litigation: COSTA MESA SANITARY DISTRICT PAGE 8 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD MARCH 13, 2018 Government Code §54956.9(d)(1) -- 1. The Costa Mesa Sanitary District v. Mesa Water District; OCSC No. 30-2017-00923819-CU-PT-CJCi. The Costa Mesa Sanitary District v. Mesa Water District; OCSC No. 30-2017-00923819-CU-PT- CJC. Assistant Secretary Ooten exited the meeting at 10:52 A.M. President Scheafer reconvened the meeting to open session at 10:58 A.M. and reported that the Board of Directors provided direction for District Counsel, Alan Burns, regarding a settlement conference for the matter before a judge. President Scheafer adjourned the meeting at 10:59 A.M. 11 Arlene Schafer Mip/ael Sch-'a r Secretary President