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Minutes_2020_04_13_Policy ReviewProtecting our community's health and the environment by providing solid waste and wastewater collection services. www.cmsdca.gov Costa Mesa Sanitary District ….an Independent Special District Policy Review Ad Hoc Committee 290 Paularino Avenue Costa Mesa, California 92626 (Teleconference Meeting via Zoom) Note: This meeting was conducted utilizing teleconferencing pursuant to Government code Section 54952.2 and the Governor’s Executive Orders in effect waiving some of the requirements of that Section. MINUTES April 13, 2020 8:00 a.m. Committee members present: Director Art Perry, Director Michael Scheafer, General Manager Scott Carroll, District Clerk & Public Information Officer Noelani Middenway, Administrative Services Manager Dyana Bojarski, Office Specialist Angela Colunga Committee members absent: Citizens Advisory Committee Member Monte Fields, Citizens Advisory Committee Member Sue Lester Others present: None 1. Call to Order General Manager, Scott Carroll, called the meeting to order at 8:00 a.m. 2. Review and Discussion of District Policies The Committee discussed the Board of Directors’ Procedures Handbook and written comments submitted by District resident Jim Mosher. Mr. Carroll stated that the Board of Directors’ Procedures Handbook is a draft document regarding Board functions. He noted that the California Special Districts Association (CSDA) recommended that all agencies have a Board Handbook. Director Scheafer inquired if Mr. Carroll used a template from CSDA for the Board of Directors’ Procedures Handbook. Policy Review Ad Hoc Committee Minutes April 13, 2020 Page 2 of 9 Mr. Carroll shared that he researched various city council policies and formatted the Handbook to reflect a board of directors. He noted that District Counsel, Alan Burns, has reviewed the draft document. The Committee discussed Mr. Mosher’s comments on Section 1.1. Usage and Section 1.2. Practices and Procedures. Director Scheafer recommended editing the section to include all Board related meetings. Director Perry inquired about ad hoc committee meetings. Director Scheafer noted that ad hoc committee meetings are guided by the Brown Act of California. The Committee discussed Mr. Mosher’s comments on Section 3.1.1. Physical Posting Locations. Mr. Carroll stated that the agenda for the Policy Review Ad Hoc Committee meeting was posted on Thursday, April 9, 2020 which was 72 hours prior to the meeting date. He inquired if there is a time stamp associated with the agenda’s posting. Ms. Middenway noted that District staff issued a GovOutreach notice on Friday, April 10, 2020 regarding the posting of upcoming meetings. She added that she should be able to locate a time stamp for meetings posted online. The Committee discussed the definition of standing committee and noted to review Section 3.1.1. Physical Posting Locations with Mr. Burns. The Committee discussed Mr. Mosher’s comments on Section 3.1.3. Significant Issues Before Board. Director Perry inquired if Mr. Mosher is referring to a meeting’s agenda. Mr. Carroll stated that the District has posted upcoming events and issues in the past. Ms. Middenway noted that Mr. Mosher is referring to issuing a list separate from a meeting’s agenda that highlights topics of discussion for the Board. She inquired about the frequency of issuing the list and how it will be available for the public. Mr. Carroll proposed having a list of current issues posted on the District Clerk’s webpage on the District’s website. Director Scheafer and Director Perry stated that the list can feature the District’s long-range goals. Policy Review Ad Hoc Committee Minutes April 13, 2020 Page 3 of 9 Director Scheafer stated that he received an email notification on the Policy Review Ad Hoc Committee meeting on Friday, April 10, 2020 at 12:46 P.M. Mr. Carroll noted that Director Scheafer’s email notification regarding the meeting is different from the actual posting of the meeting. He stated that the District needs to research when the meeting’s agenda was posted on the District’s website. He asked the Committee if the District should post a list of Board related issues on their website. Director Perry recommended discussing the list at the next Board of Directors’ meeting. Administrative Services Manager, Dyana Bojarski, commented that the list would be redundant since District issues are already stated on meeting agendas. She noted that the list provides more transparency but increases the workload for District staff. Mr. Carroll stated that list increases the public’s ability to track certain issues that they find interesting. Director Scheafer noted that public may inquire about issues that have been resolved and removed from the list. Mr. Carroll commented that the list would constantly be updated to reflect current issues. He noted that this item will be discussed at the next Board of Directors’ meeting. The Committee discussed Mr. Mosher’s comments on Section 3.1.5. Order of Business. Ms. Middenway noted that the Board typically does not take action at a Study Session meeting but has taken action when necessary. She stated that Items of Study can include action items. She discussed Mr. Mosher’s comments on Old Business and New Business. Mr. Carroll stated that the Old Business and New Business sections cover topics that are not included in the General Manager’s Reports. He noted that these sections are designated for Board driven issues. The Committee discussed Mr. Mosher’s comments on Section 3.4. Submission of Materials by the Public for Board Consideration. Director Scheafer inquired about the frequency of submissions. Ms. Middenway noted that she typically receives one submission per meeting. Director Scheafer stated that he finds the policy to be sufficient. Policy Review Ad Hoc Committee Minutes April 13, 2020 Page 4 of 9 Director Perry asked if the public has fourteen days prior to the meeting date to submit materials. Mrs. Bojarski clarified that he is referring to Section 2.1.3. which covers public requests for placing an item on a meeting agenda. Director Scheafer noted that written comments need to be submitted 24 hours prior to a meeting’s start time. He added that the public can make comments during a meeting when the Board permits. Ms. Bojarski stated that if a meeting agenda is posted on a Friday, then the public only has until the end of business day on that Friday to submit comments. Ms. Middenway noted that the public can submit comments over the weekend, and they will be accepted on that following Monday. She stated that the District typically accepts late comments and provides the Board with a copy prior to the meeting. Director Scheafer suggested revising the section to include the term “electronically.” The Committee discussed Mr. Mosher’s comments on Section 4.1.1. President. Mr. Carroll stated that the policy defines the President’s limits of power. He noted that the President is equal to the other Board members. The Committee discussed Mr. Mosher’s comments on Section 4.7.2. Special Meetings and Section 3.1. Agenda Posting. Mr. Carroll stated that the policies do not differ. He noted that both sections state that notices for Special Meetings are to be posted at least 24 hours prior. The Committee discussed Mr. Mosher’s comments on Section 4.7.5.7.2. within Section 4.7.5. Closed Sessions. Mr. Carroll expressed support for replacing the term “conducted” to “presiding over”. Director Scheafer noted that Section 4.7.5.7.2. discusses matters within Closed Sessions. The Committee discussed Mr. Mosher’s comments on Section 4.7.8. Public Hearings Required by Law. Director Perry stated that the policy pertains to members of the public who wish to speak for more than three minutes. He noted that the public is allotted three minutes to address the Board and that if they request more speaking time, then the Board can vote to deny or approve their request. Policy Review Ad Hoc Committee Minutes April 13, 2020 Page 5 of 9 Mr. Carroll suggested revising the section to include a statement regarding the public’s right to request to speak at a public meeting for three minutes. The Committee discussed Mr. Mosher’s comments on Section 4.8.1. Ordinances and Resolutions. The Committee recommended replacing the term “week” to “seven calendar days”. Ms. Middenway noted that she will consult with Mr. Burns regarding the revision. She noted that the District typically does not read resolutions or ordinances in full at meetings. She added that the District does not provide a first and second reading of its resolutions and ordinances. Mr. Carroll inquired if there is a state law that requires special districts to provide a first and second reading. Director Scheafer noted that he found the policy to be sufficient as long as it abides by the California Health and Safety Code. The Committee discussed Section 4.9.1. Quorum and recommended revising it to exclude the phrase “including the President.” The Committee discussed Mr. Mosher’s comments on Section 4.10. Minutes. Director Perry inquired if Mr. Mosher’s comments refer to a roll call vote being taken for every vote recorded. Mr. Carroll stated that Mr. Mosher’s comments highlight inconsistencies within the Handbook. Director Scheafer noted that Section 4.2. Recording Votes includes the same information in 4.10. Minutes, but it is worded differently. Mr. Carroll suggested revising the wording to make the policy consistent. The Committee discussed Mr. Mosher’s comments on Section 4.12. Public Comment. Director Scheafer noted that rules regarding comments on agenda items are covered in the Brown Act of California. Mr. Carroll recommended clarifying the section and adding a statement regarding the public’s right to comment on agenda items. Policy Review Ad Hoc Committee Minutes April 13, 2020 Page 6 of 9 The Committee discussed Section 4.12.1. Time Limits and recommended revising it to include Gov. Code Sec. 54954.3(b)(2) which grants twice the amount of allotted time when a translator is required. The Committee discussed Section 4.12.2. Pooling Time and found the policy to be accurate. The Committee discussed Mr. Mosher’s comments on Section 4.12.3. Board and Staff Response. Mr. Carroll stated that Section 4.12.3 Board and Staff Response establishes order for the Board and dictates how staff is to address the Board. The Committee completed their review of the Board of Directors’ Procedures Handbook. Mr. Carroll noted that the District will make the necessary revisions to the Handbook and present it to the Board of Directors for final review and adoption. The Committee discussed and reviewed the Operations Code. Ms. Bojarski stated that the Operations Code does not clearly define a multi-family residence. She noted that various Finance Managers have been using different definitions of the term. She recommended adopting the definition currently used by the Orange County Sanitation District (OCSD). She shared that OCSD defines a multi-family residence as two or more residences that are attached and are reflected on a single property tax bill with the same owner, such as, duplexes, triplexes, apartment complexes, etc. Mr. Carroll stated that the District’s definition needs to be consistent with OCSD’s definition. Director Scheafer inquired about the definitions of townhomes, planned unit developments, and condominiums. The Committee discussed Chapter 6.06 – Annual Sewer Charges and Chapter 6.07 – FOG Control and proposed no changes to the policies. Director Scheafer inquired about Section 6.07.110. Request for Waiver or Variance, and the Board’s ability to enforce the policy. The Committee discussed Chapter 6.08 – Legal Authority to Comply with Waste Discharge Order, Chapter 6.09 – Damage to District Property and Chapter 6.10 – Cost Recovery and proposed no changes to the policies. Policy Review Ad Hoc Committee Minutes April 13, 2020 Page 7 of 9 Director Scheafer discussed Section 7.01.054 Existing Development, and the District’s policy of issuing residents an extra organics waste cart at no extra charge. Ms. Bojarski asked if the District’s policy of issuing residents an extra organics waste cart at no extra charge is temporary or permanent. Director Scheafer noted that the Board needs to consult with CR&R Environmental Services. Mr. Carroll stated that District policy grants residents two mixed waste carts and two organics waste carts. Director Scheafer discussed segment (d) of Section 7.01.054 Existing Development which dictates that residents with only one mixed waste cart and one organics waste cart may request one additional mixed waste cart and/or organics waste cart at no extra charge. Mr. Carroll noted that the District will revise segment (d) of Section 7.01.054 Existing Development. Ms. Bojarski noted that segment (c) of Section 7.01.070 Permitted Trash/Prohibited Materials needs to be revised to reflect the District’s current Large Item Collection Program’s regulations. She highlighted that the term “tires” needs to be removed and replaced with “expired unused medication.” Director Perry recommended adding a segment to Section 7.01.070 Permitted Trash/Prohibited Materials that addresses the District’s Household Hazardous Waste program. Ms. Middenway discussed Mr. Mosher’s comments on Section 7.01.070 Permitted Trash/Prohibited Materials regarding grammar, formatting, and the exclusion of manure in organics waste carts. The Committee noted that they will confirm with CR&R if manure can be collected as organic waste. Ms. Bojarski inquired about Section 7.02.040. Filing of Report with Auditor. Ms. Middenway stated that the District upholds the policy in that section and files a copy with the County of Orange auditor. Mr. Carroll recommended revising that section according to the California Health and Safety Code. The Committee discussed Chapter 8.01 – Recycling and Mr. Mosher’s comments on Section 8.01.040 Permitted Recycling Materials. Policy Review Ad Hoc Committee Minutes April 13, 2020 Page 8 of 9 Mr. Carroll noted that the District will consult with CR&R to revise Section 8.01.040 Permitted Recycling Materials. The Committee discussed Mr. Mosher’s comments on Section 8.01.050 Permitted Organics Material. Director Scheafer recommended including a statement that prohibits residents from placing materials that are not included in the District’s list of permitted organics materials. Ms. Bojarski recommended including a statement that prohibits trash carts from being overfilled. She noted that the trash cart lid must be able to close. Mr. Carroll recommended including a statement that requires residents to disassemble their cardboard boxes before placing them in their trash cart. The Committee discussed Mr. Mosher’s comments on Chapter 9.02 – Sewer and Trash Refunds. Mr. Carroll recommended revising the entirety of Chapter 9.02 – Sewer and Trash Refunds. Director Scheafer recommended consulting with Mr. Burns for revision. Additionally, he mentioned reviewing the chapter as a Study Session agenda item. The Committee discussed Mr. Mosher’s comments on Section 10.01.060 Claims Manual. Director Scheafer noted that the District abides by the Special Districts Risk Management Association’s (SDRMA) claims process. Director Perry recommended verifying the resolution associated with Section 10.01.060 Claims Manual. Ms. Bojarski recommended revising Section 10.01.030 Safety/Loss Control Committee to reflect the current members of the Safety Committee. She discussed Section 10.01.050 Safety Manual Adopted. She noted that the address listed for the District’s Headquarters needs to be updated in Section 10.03.050 Emergency Operating Centers. The Committee completed their review of the Operations Code. Mr. Carroll stated that the District will make the necessary revisions and conduct a legal review of the Operations Code prior to presenting it to the Board of Directors for final review and adoption. Policy Review Ad Hoc Committee Minutes April 13, 2020 Page 9 of 9 3. Adjournment - 9:25 a.m.