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2018_09_11_studyTuesday, September 11, 2018 Board of Directors Study Session 290 Paularino Avenue, Costa Mesa at 9:30AM Public Comments: Any member of the public may address the Board. Speakers on agenda items should identify themselves to the District Clerk before the meeting so that their input can be provided at the time the item is considered. Speakers on non-agenda items will be heard under Public Comments. Pursuant to State law, the Board may not discuss or take action on non-agenda items except under special circumstances. Speakers must limit their remarks to four minutes or as decided upon by the Presiding Officer. The Presiding Officer reserves the right to declare any speaker out of order. 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 at the District offices at 290 Paularino Avenue, Costa Mesa, California. 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 1. Call to Order 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.) 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. 1. Public Comments C. ITEMS OF STUDY 1. August 2018 Code Enforcement Officer report 2. Organics Tonnage Report 3. Solid Waste Diversion Report 4. Consider Revisions to CMSD's Fats Oil Grease (FOG) Program 5. Goodwill Collection Event 6. 3rd Annual State of the District 7. Consider Contribution Program Application for Costa Mesa High School Foundation's Oktoberfest Annual Gala D. Adjourn to Closed Session 1. Conference with Legal Counsel-Anticipated Litigation -- Significant exposure to litigation pursuant to Government Code Section 54956.9(2)- (1 case). The “existing facts and circumstances” creating a significant exposure to litigation are set forth in a letter from Attorney Kevin Shenkman dated March 26, 2018 and received March 29, 2018. E. CLOSING ITEMS 1. Reconvene to Open Session & Report Out 2. Oral Communications and Director Comments 3. Adjournment Tuesday, September 11, 2018 Board of Directors Study Session 290 Paularino Avenue, Costa Mesa at 9:30AM Public Comments: Any member of the public may address the Board. Speakers on agenda items should identify themselves to the District Clerk before the meeting so that their input can be provided at the time the item is considered. Speakers on non-agenda items will be heard under Public Comments. Pursuant to State law, the Board may not discuss or take action on non-agenda items except under special circumstances. Speakers must limit their remarks to four minutes or as decided upon by the Presiding Officer. The Presiding Officer reserves the right to declare any speaker out of order. 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 at the District offices at 290 Paularino Avenue, Costa Mesa, California. 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. Call to Order Meeting Sep 11, 2018 - Board of Directors Study Session Access Public Type Procedural A. OPENING ITEMS Michael Scheafer - President James Ferryman - Vice President Arlene Schafer - Secretary Robert Ooten - Assistant Secretary Arthur Perry - Director Subject 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.) Meeting Sep 11, 2018 - Board of Directors Study Session Access Public Type Procedural 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 Sep 11, 2018 - Board of Directors Study Session Access Public Type Procedural C. ITEMS OF STUDY To: Board of Directors From: Ed Roberts, Code Enforcement Officer Date: September 05, 2018 Subject: August 2018 Code Enforcement Officer Report Summary Attached is the monthly report from Officer Roberts describing his enforcement activities for the months of August regarding scavenging of recyclable materials, trash carts stored in public view and graffiti on trash carts Recommendation That the Board of Directors receive and file this report. Analysis In the month of August, Officer Roberts approached seven (7) individuals he observed scavenging from CMSD trash carts. In the same month he issued 119 warning notices to residents storing their trash carts in public view. Officer Roberts found no graffiti on trash carts in the month of August. Officer Roberts enforcement activities are described in more detail in the attached report. 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 Roberts' 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 September 11, 2018 Board of Directors Study Session meeting at District Headquarters and posted on the District’s website. Alternative Actions 1. Direct staff to report back with more information. File Attachments August 2018 CEO report.doc (2,340 KB) Subject 1. August 2018 Code Enforcement Officer report Meeting Sep 11, 2018 - Board of Directors Study Session Access Public Type Presentation C. ITEMS OF STUDY To: Board of Directors Via: Scott Carroll, General Manager From: Nabila Guzman, Management Analyst I Date: September 11, 2018 Subject: Organics Tonnage Report Summary A total of 983.70 tons of organic waste were collected and recycled in August 2018. Staff Recommendation That the Board of Directors receives and file this report. Analysis Below is a graph depicting the total tonnage of organic waste collected during each month of the last three fiscal years. Subject 2. Organics Tonnage Report Meeting Sep 11, 2018 - Board of Directors Study Session Access Public Type Action, Receive and File Recommended Action That the Board of Directors receive and file this report. Goals 2.5 Monitor advancements and technology in the solid waste industry 2.00 Solid Waste File Attachments Organic Tonnage.png (20 KB) Tonnage.png (24 KB) Legal Review Not applicable. Environmental Review Consideration of the Organics Tonnage Report is an administrative matter and not a disturbance of the environment similar to grading or construction and not a project under CEQA or the District’s CEQA Guidelines. Financial Review Not applicable. Public Notice Process Copies of this report are on file and will be included in the complete agenda packet for the September 11, 2018 Board of Directors Study Session meeting at District Headquarters and posted on the District’s website. C. ITEMS OF STUDY To: Board of Directors Via: Scott Carroll, General Manager From: Nabila Guzman, Management Analyst I Date: September 11, 2018 Subject: Solid Waste Diversion Report Summary A total of 2,377.48 tons of solid waste were collected and recycled in August 2018. Staff Recommendation That the Board of Directors receive and file this report. Analysis Using data from CR&R's Recycling Report and OCC's Recycling Center Recycling Report, staff has calculated the diversion rate for the last two months at 62.75%. A total of 8,009.36 tons of solid waste materials have been collected, of which 5,025.78 tons have been diverted away from landfills. In addition to curbside collection from CR&R, CMSD offers a variety of other waste diversion programs including large item pickup, where white goods are collected. The total tonnage of white goods for the month of August was not available in time to include in this report. However, these numbers will be included in the October report. Attachment A is the fiscal year 2018-19 diversion rate support. Legal Review Not applicable. Environmental Review Consideration of the Solid Waste Diversion Report is an administrative matter and not a disturbance of the environment similar to grading or construction and not a project under CEQA or the District’s CEQA Guidelines. Financial Review Not applicable. Public Notice Process Copies of this report are on file and will be included in the complete agenda packet for the September 11, 2018 Board of Directors Study Session meeting at District Headquarters and posted on the District’s website. Alternative Action 1. Direct staff to report back with more information File Attachments CRR-OCC Diversion.pdf (67 KB) Subject 3. Solid Waste Diversion Report Meeting Sep 11, 2018 - Board of Directors Study Session Access Public Type Action, Receive and File Recommended Action That the Board of Directors receive and file this report. Goals 2.00 Solid Waste C. ITEMS OF STUDY To: Board of Directors From: Scott Carroll, General Manager Date: September 11, 2018 Subject: Consider Revisions to CMSD's Fats Oil Grease (FOG) Program Summary On June 12, 2018, the Board of Directors received a presentation about the District's FOG inspection program at the Camp, a retail and food service campus located on Bristol Street. At the conclusion, the Board suggested the current FOG Program be discussed at a future study session meeting and requested EEC Environmental, the contractor that oversees the District's FOG Program, provide a list of recommendation about addressing restaurants that are not in compliant with the program. Recommendation That the Board of Directors direct staff to bring this item back to the September 26, 2018 Board of Directors meeting to consider approving the recommended revisions to the FOG Program. Analysis Attached is a memorandum from EEC Environmental dated July 5, 2018. The memorandum has a list considerations that could enhance the FOG Program. The 2004 FOG Program is also attached hereto. Joseph Jenkins, from EEC Environmental, will discuss each consideration in further details at today's meeting and then staff and EEC will be seeking direction from the Board. Legal Review Not applicable Environmental Review The work by EEC on behalf of the District is inspecting food service establishments to determine compliance, and inspections are categorically exempt under the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.) under Section 15309 Inspectionsas a “Class 9” activity described as: Class 9 consists of activities limited entirely to inspections, to check for performance of an operation, or quality, health, or safety of a project, including related activities such as inspection for possible mislabeling, misrepresentation, or adulteration of products. Financial Review There are no financial impacts to the District for implementing the considerations outlined in the July 5, 2018 memorandum. The considerations can be absorbed in the existing budget. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the September 11, 2018 study session at District Headquarters and on District’s website at www.cmsdca.gov. Alternative Actions 1. Direct staff to report back with more information. Subject 4. Consider Revisions to CMSD's Fats Oil Grease (FOG) Program Meeting Sep 11, 2018 - Board of Directors Study Session Access Public Type Action Fiscal Impact No Recommended Action That the Board of Directors direct staff to bring this item back to the September 26, 2018 Board of Directors meeting to consider approving the recommended revisions to the FOG Program Goals 1.0 Sewer Infrastructure 1.8 Fats, Oil & Grease (FOG) Program File Attachments CMSD FOG Control Program.pdf (132 KB) CMSD FOG Policy MEMORANDUM (002).pdf (587 KB) C. ITEMS OF STUDY To: Board of Directors Via: Scott Carroll, General Manager From: Nabila Guzman, Management Analyst I Date: September 11, 2018 Subject: Goodwill Collection Event Summary The Costa Mesa Sanitary District (CMSD) Board of Directors established a goal of diverting 75% of the solid waste stream away from landfills, CMSD is currently diverting 60%. CMSD, in partnership with Orange Coast College Recycling Center and Orange County Goodwill, held a drive-thru donation event on Saturday, August 18, 2018 in efforts to potentially improve the District's solid waste diversion rate. Recommendation That the Board of Directors receives and file this report. Analysis The community drive-thru donation event was held on Saturday, August 18 from 9:00 a.m. to 3:00 p.m., providing the community with a convenient and free service to dispose of no longer needed clothing, housewares, and electronics. The event was held in the parking lot at the OCC Recycling Center, cones were set up on the left-hand side of the parking lot to separate the donation event and allow Recycling Center customers access to the parking spaces and both buy back counters. The event was promoted through a daily pilot ad which ran on August 5th and 12th. Additionally, Staff utilized the following free outreach: CMSD Newsletter, CMSD website, CMSD Social Media (Facebook, Twitter, Instagram), Costa Mesa Minute (City of Costa Mesa Video), PeachJar flyer distributed to NMUSD parents as well as Costa Mesa Chamber's "What's Up Costa Mesa" App and website. On the day of the event, OC Goodwill provided a 28-foot trailer with 8 cages and 10 Gaylord boxes for collection purposes. Additionally, they provided CMSD with one event manager and three event volunteers. The cages were placed beside the trailer so cars could easily pull up and allow OC Goodwill volunteers to collect the donation and separate into the appropriate cages. The event was unfortunately not well attended, there were a total of 35 donors who donated 2,750.50 lbs of goods. The donation event collected three full cages of clothing, one cage of houseware and 1/2 a cage of electronics. After inputting the number of donations collected, the District's diversion rate for the current fiscal year is 62.75%. Although the event was not well attended, there was interest by residents using the recycling center in participating but did not know the event was being held that day. Staff believes participation in the event would increase if the event is held in the springtime (March/April) instead of in the Fall. Staff would recommend that a donation event is combined with the free mulch event in Spring 2019 so residents could both dispose of unwanted items as well as pick up free bags of mulch for their gardens. Attached are pictures of the event. Legal Review Not Applicable. Environmental Review Subject 5. Goodwill Collection Event Meeting Sep 11, 2018 - Board of Directors Study Session Access Public Type Action (Consent), Receive and File Recommended Action That the Board of Directors receives and file this report Goals 2.4 Develop Strategies for 75% Waste Diversion 2.00 Solid Waste th Being a partial sponsor or coordinator of a community recycling event is an administrative matter and not a disturbance of the environment similar to grading or construction and not a project under CEQA or the District's CEQ Guidelines. Financial Review The District spent $1,640.82 promote and advertise the event. There were no costs to utilize the OCC Recycling Center parking lot and OC Goodwill provided volunteers to work the event. Public Notice Process Copies of this report are on file and will be included in the complete agenda packet for the September 11, 2018 Board of Directors Study Session meeting at District Headquarters and posted on the District’s website. Alternative Actions Refer item back to staff with further instructions. File Attachments IMG_1741.JPG (3,231 KB) IMG_1740.JPG (2,092 KB) IMG_0002.jpg (7,159 KB) IMG_20180818_133946.jpg (3,437 KB) IMG_1750.JPG (4,498 KB) IMG_1744.JPG (1,396 KB) All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. C. ITEMS OF STUDY To: Board of Directors Via: Scott Carroll, General Manager From: Gina Terraneo, Management Analyst II Date: September 11, 2018 Subject: 3rd Annual State of the District Summary The Costa Mesa Sanitary District's (CMSD) 3rd Annual State of the District will be held on Wednesday, October 3, 2018 at 9:00 a.m at the District's headquarters. The event will feature a presentation from President Scheafer, reflecting on the District's accomplishments over the past year and sharing future plans and projects. Light breakfast refreshments will be provided for attendees. Analysis 3rd Annual State of the District Date: October 3, 2018 Time: 9:00 - 10:00 a.m. Location: 290 Paularino Avenue, Costa Mesa, CA 92626 The following is a list of topics that can be discussed during the State of the District presentation: 2018 Accomplishments Launched Citizens Advisory Committee (CAC) Initiated Transition from At-Large to By-District Election System Launched Citizens Environmental Protection Academy (CEPA) HQ Solar Project In Progress District Yard Expansion Project Completed Partnered with Orange Coast College Recycling Center & Goodwill of Orange County for Donation Event New Programs District-wide Household Hazardous Waste Collection Program Roll-Out Assistance for Seniors/ADA Residents Sewer Inspection Rebate Program (SIRP) Revised Reward Structure for Alkaline Battery Recycling Program Coming Soon Performance Measurements (Fall 2018) Citizens Environmental Protection Academy (Spring 2019) Mulch Giveaway Event (Spring 2019) The event will be advertised in the following ways: Postcards sent to elected officials & staff of neighboring agencies CMSD Quarterly Newsletter CMSD Website Social Media (Facebook, Twitter, Instagram) GoGovApps Email blast Mail Chimp Email blast PeachJar (Newport-Mesa Unified School District flyer distribution network) City of Costa Mesa's Costa Mesa Minute Video Subject 6. 3rd Annual State of the District Meeting Sep 11, 2018 - Board of Directors Study Session Access Public Type Action, Receive and File Recommended Action That the Board of Directors receive and file the report. Chamber of Commerce Calendar (Website & Mobile App) Recommendation That the Board of Directors receive and file the report. Legal Review Not applicable. Environmental Review Holding a State of the District event 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 are sufficient funds in the Solid Waste & Wastewater Public Info/Education/Promotions accounts to provide breakfast refreshments, promotional items, and advertisements for the State of the District event. Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the September 11, 2018 Board of Directors Study Session meeting at District Headquarters and posted on the District’s website. Alternative Actions 1. Direct staff to report back with more information. C. ITEMS OF STUDY To: Board of Directors Via: Scott Carroll, General Manager From: Gina Terraneo, Management Analyst II Date: September 11, 2018 Subject: Consider Contribution Program Application for Costa Mesa High School Foundation's Oktoberfest Annual Gala Summary On Friday, August 24, 2018, the District received a Contribution Program Eligibility Application from the Costa Mesa High School Foundation requesting a monetary contribution of $1,000 for the Oktoberfest Annual Gala on September 15, 2018 at Halecrest Park. Recommendation That the Board of Directors: 1. Establish the purpose CMSD is trying to serve as a contributor to the Costa Mesa High School Foundation; and 2. Describe how the expenditures will advance CMSD’s purpose; and 3. Consider contributing $1,000 for the Oktoberfest Annual Gala. Analysis According to the procedures implemented on July 31, 2013, the Board of Directors must do the following in order to determine if a contribution should be made: Establish the purpose the District is trying to serve by contributing. This purpose must be established as one of the District’s statutory powers or a power that would be incidental to those purposes. For example, District purposes include properly treating sewage, preventing SSOs, and recycling. Describe how the contribution will advance the District's purpose. As stated on the application (Attachment A), the Costa Mesa High School Foundation is requesting a monetary contribution of $1,000 for the Oktoberfest event. Between 200-250 attendees from the Costa Mesa High School area are anticipated at the event. The Foundation is offering the District opportunities for visibility through the following sponsorship levels, which are outlined below and in Attachment B. Sponsorship Level Sponsorship Amount Mustang Sustainability Sponsor $5,000.00 Subject 7. Consider Contribution Program Application for Costa Mesa High School Foundation's Oktoberfest Annual Gala Meeting Sep 11, 2018 - Board of Directors Study Session Access Public Type Action Preferred Date Sep 11, 2018 Absolute Date Sep 11, 2018 Fiscal Impact Yes Dollar Amount $1,000.00 Recommended Action That the Board of Directors: 1. Establish the purpose CMSD is trying to serve as a contributor to the Costa Mesa High School Foundation; and 2. Describe how the expenditures will advance CMSD’s purpose; and 3. Consider contributing $1,000 for the Oktoberfest Annual Gala. Goals 4.0 Community Outreach & Communications 3.2 Strengthen our ties with local governments, Special districts and educational institutions Includes: top billing on event signage, name on event flyers & publicity, item in goodie bag, link to website, mention in welcome speech at event, admission & reserved tables for up to 16 guests Platinum Sponsor Includes: name on all event flyers & publicity, item in goodie bag, link to website, admission & reserved tables for up to 10 guests $2,500.00 Gold Sponsor Includes: name on all event flyers, item in goodie bag, link to website, admission & reserved tables for up to 8 guests $1,000.00 Silver Sponsor Includes: name on all event flyers, item in goodie bag, link to website, admission for 4 guests $500.00 CMHS Recycler Sponsor Includes: name on all event flyers, name on event banner, admission for 2 guests $250.00 The Gold level sponsorship would include District recognition on all event flyers, a link to the District's website on the Costa Mesa High School Foundation's website, a District item in the event goodie bags, and event admission for up to 8 guests. As shown above, the only difference between the Silver and Gold sponsorships is the number of guest admissions included in each sponsorship. Therefore, the Board of Directors should discuss and consider how many Board Members plan to attend the event. In regards to the guidelines for making contributions, the sponsorship provides an opportunity for the District to advance its purpose through increased visibility. According to their website, "the Costa Mesa High School Foundation was formed in 2003 to manage an endowment donated by C.J. Segerstrom & Sons that funds enhanced educational opportunities at Costa Mesa Middle & High School." They have provided over $502,000 in grants to teachers and they host 4 events annually: the Costa Mesa Community Run, the Summer Mixer, the Fall Gala, and the December Home Tour. The District has not contributed to this event in the past. Legal Review Not applicable. Environmental Review The consideration of a monetary contribution to a non-profit organization to be used as a vehicle for promoting the District 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 Currently, there are sufficient funds available in the FY 2018-19 Public Information/Education/Community Promotions Sponsorships account for this $1,000 contribution. A total of $8,000 is budgeted for sponsorships during FY 2018-2019 and the District has a total of $6383.14 remaining. Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the September 11, 2018 Board of Directors Study Session at District Headquarters and posted on the District’s website. Alternative Actions 1. Do not approve the contribution of $1,000. 2. Approve an alternative contribution amount. 3. Refer the matter back to staff. File Attachments A - Contribution Application.pdf (300 KB) B - Sponsorship Form.pdf (14 KB) C - Event Flyer.jpg (306 KB) D. Adjourn to Closed Session Subject 1. Conference with Legal Counsel-Anticipated Litigation -- Significant exposure to litigation pursuant to Government Code Section 54956.9(2)- (1 case). The “existing facts and circumstances” creating a significant exposure to litigation are set forth in a letter from Attorney Kevin Shenkman dated March 26, 2018 and received March 29, 2018. Meeting Sep 11, 2018 - Board of Directors Study Session Access Public Type E. CLOSING ITEMS Subject 1. Reconvene to Open Session & Report Out Meeting Sep 11, 2018 - Board of Directors Study Session Access Public Type E. CLOSING ITEMS Subject 2. Oral Communications and Director Comments Meeting Sep 11, 2018 - Board of Directors Study Session Access Public Type E. CLOSING ITEMS THE NEXT STUDY SESSION OF THE COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS WILL BE HELD ON TUESDAY, OCTOBER 9, 2018 AT 9:30 A.M. IN THE DISTRICTS BOARD ROOM, 290 PAULARINO AVENUE, COSTA MESA. Subject 3. Adjournment Meeting Sep 11, 2018 - Board of Directors Study Session Access Public Type Procedural