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Minutes - Board - 2020-10-13 / �SSAN/Tq YIVA% iti0 ,0040 -4 5 '�REO PpRAT >/, COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS STUDY SESSION OCTOBER 13, 2020 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. Members present Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer Members absent None Staff present Scott Carroll (General Manager), Alan Burns (District Counsel), Noelani Middenway (District Clerk and Public Information Officer), Kaitlin Tran (Finance Manager), Dyana Bojarski (Administrative Services Manager), Gina Terraneo (Management Analyst II), Nabila Guzman (Management Analyst I), Edward Roberts (Code Enforcement Officer) Others present Mike Carey, CR&R Environmental Services, Citizens Advisory Committee Chair Jim Mosher, District resident Seth Greiner, Citizens Advisory Committee Member 1 Meeting called to order at 9:34 A.M. A. OPENING ITEMS I 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 Ferryman called the meeting to order at 9:34 A.M. I District Clerk and Public Information Officer, Noelani Middenway, noted that President Ferryman, Vice President Ooten, Secretary Schafer, Director Scheafer, f and Director Perry were present at this time. B. PUBLIC COMMENTS Procedural: 1. Public Comments 1 COSTA MESA SANITARY DISTRICT PAGE 2 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD OCTOBER 13, 2020 President Ferryman opened public comments. Ms. Middenway stated that District resident, Jim Mosher, requested to submit a public comment. Mr. Mosher stated that he has a few agenda-related comments, which he will share as the Board addresses each item. Hearing no other public comments, President Ferryman closed public comments. C. ITEMS OF STUDY Action, Receive and File: 1. September 2020 Code Enforcement Officer Report Recommendation: That the Board of Directors receive and file this report. Code Enforcement Officer, Ed Roberts, presented report details. He stated that he conducted six proactive scavenging investigations. He shared that the staff report contains brief narratives and maps of each investigation. He noted that he issued a total of 97 warning notices, which included first and final notices. He added that there were no instances of graffiti in September 2020. He stated that he reported a damaged trash cart to a District resident who said that they will call the District to have it replaced. Director Perry shared that he has witnessed many mattresses placed on street corners. He inquired if Mr. Roberts has noticed these items. Mr. Roberts confirmed that he has noticed the increase in mattresses, which he suspects to be a result of people moving out of multi-family properties. Director Perry inquired if Mr. Roberts reports these items to the City of Costa Mesa. Mr. Roberts stated that the District sometimes receives complaints from residents regarding large items disposed of in the public right-of-way. He shared that City staff patrol and pick up large items that are illegally dumped. He noted that if the problem persists, then he will communicate with the City's Code Enforcement Department. There was no further discussion, and the report was received. Action, Receive and File: 2. August & September 2020 Organics Tonnage Report Recommendation: That the Board of Directors receive and file this report. General Manager, Scott Carroll, stated that there is not much to report on this item. He shared that there has been no disruption in service for this program due to the COVID-19 pandemic. He noted that CR&R is still collecting a substantial amount of organics tonnage and dealing with contamination issues. He added that the COSTA MESA SANITARY DISTRICT PAGE 3 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD OCTOBER 13, 2020 District will provide the Board with an update on how it is dealing with contamination. There was no further discussion, and the report was received. Action, Receive and File: 3. September 2020 Solid Waste Diversion Report Recommendation: That the Board of Directors receive and file this report. Mr. Carroll stated that there is nothing to report since solid waste reporting has been temporarily delayed. He shared that CR&R has resumed operations at their Materials Recovery Facility (MRF), which was temporarily closed for several months due to the COVID-19 pandemic. He noted that the MRF is not fully operational, but they are starting to process recyclables. There was no further discussion, and the report was received. Action, Receive and File: 4. Records Management Program - Update Recommendation: That the Board of Directors receive and file the report. Ms. Middenway presented report details. She noted that the Board requested this item as a brief overview of the District's records management program. She stated that, in 2010, the Board established the District's records management program based on a recommendation from Gladwell Governmental Services. She added that the District's records retention schedule is reviewed and updated annually by Gladwell Governmental Services to ensure that the District is current with changes in law and best practices of other agencies. She noted that the retention schedules are copyrighted documents, which makes them unavailable to the public for this report. She stated that, if the Board or the public requests to obtain a copy of the retention schedules, then they can submit a public records request. She shared that, when significant legal updates are made to the retention schedules, the revisions will be submitted to the Board for adoption. She added that she anticipates a legal update to be made in January 2021 regarding the recent case laws addressing the deletion of emails for California Environmental Quality Act (CEQA) related projects. She noted that all District public records are scanned into the District's imaging system, Laserfiche. She stated that, to enhance transparency, the District has made all public records, including their sewer atlas plans, accessible on the District website. She discussed the District's system for preparing District records for offsite storage and destruction, which are services provided by Iron Mountain. She noted that questions regarding the District's record retention system can be answered directly by Diane Gladwell of Gladwell Governmental Services and that her phone number is provided on the District's retention schedule. Director Scheafer stated that the California Special Districts Association (CSDA) issues guidelines on records retention. He inquired if Gladwell Governmental Services follows the State of California's guidelines for records retention. COSTA MESA SANITARY DISTRICT PAGE 4 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD OCTOBER 13, 2020 Ms. Middenway confirmed that Gladwell Governmental Services abides by the State's guidelines. Director Scheafer inquired about the locations of Iron Mountain's facilities. Ms. Middenway stated that there are several facilities all over the region and throughout the state. She added that the storage facilities are temperature controlled and secured. She shared that permanent records like District minutes, resolutions and ordinances are sent to Iron Mountain to be retained securely. District Counsel, Alan Burns, stated that, in 2013 when the District signed their contract with Gladwell Governmental Services, the District had a concern about a copyright preventing a Public Records Act(PRA) request. He noted that the District has not issued a final opinion on the matter. He added that, when the District receives a related PRA request, he will provide the Board with an opinion. Vice President Ooten inquired about the percentage of records that are digital. Ms. Middenway stated that all District records are digital. She noted that all documents that have been approved by the Board have been imaged and made available to the public. Vice President Ooten inquired if only hard copies of District records are sent to Iron Mountain. Ms. Middenway confirmed that both digital and hard copies have the same retention schedule. Vice President Ooten asked if electronic files are stored by Iron Mountain. Ms. Middenway stated that electronic files are hosted by Laserfiche. Mr. Mosher stated that the District's Operations Code, Section 1.07.030 lists several documents that are retained permanently. He inquired if the District's retention schedule is an administrative document that is retained and modified by District staff, and if the Board and the public are notified when changes are made to the retention schedule. Mr. Burns stated that District ordinances have precedence and that the Board has adopted an ordinance regarding the District's retention schedule. He added that if ' the District decides to modify their retention schedule, then the Board will need to adopt a resolution regarding those changes. There was no further discussion, and the report was received. Action, Discussion: 5. Board Secretary Compensation and Per Diem Meeting Request COSTA MESA SANITARY DISTRICT PAGE 5 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD OCTOBER 13, 2020 Recommendation: That the Board of Directors provide direction to staff. Mr. Carroll stated that this agenda item was requested by_Mr. Mosher. He shared that Mr. Mosher's comments have been attached to the report. He noted that the comments were submitted to Mr. Burns for a response. Mr. Burns provided report details. He stated that the Board has an ordinance regarding the list of approved meetings that qualify for per diem compensation. He noted that the per diem has been raised over the years, but it has been limited to six days per month. He added that, in adopting the ordinance, the Board gave discretion to each director to use their own judgement in attending a recognized meeting that is relative and important to District business. He stated that there is a different criterion for expense reimbursement payments. He noted that Board members will receive reimbursement for District-related expenses within the state. He added that reimbursement for District-related expenses that occur out of the state requires Board approval. He discussed Board Secretary compensation, according the District's Operations Code. He stated that the District Clerk serves as the Board's professional secretary. He added that the main function of the Board Secretary is to sign District documents. He noted that the District has the authority to compensate the Board Secretary in the same manner as other Board members. Director Scheafer asked if Mr. Burns' opinion on this item has changed based on this discussion. Mr. Burns confirmed that his opinion on Board Secretary compensation and per diem has not changed. Director Scheafer inquired about how much time has been expended by District staff on this agenda item and if the item requires Board approval. Mr. Burns stated that a considerable amount of time has been spent on responding to public comments. He noted that the District has a provision which states that a Board member is to consult with the General Manager to request an agenda item to ensure that the District's resources are not exhausted. He added that the District does not have the same requirement for members of the public who submit a request for an agenda item. Director Scheafer suggested that perhaps the provision should also be applied to members of the public. He stated that the District has not changed anything regarding Board Secretary compensation and per diem, yet it has spent a significant amount of time researching it. President Ferryman stated that it is Mr. Carroll's responsibility to oversee the use of staff time on these matters. COSTA MESA SANITARY DISTRICT PAGE 6 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD OCTOBER 13, 2020 Mr. Mosher expressed agreement with the comments made by Director Scheafer and noted that he is concerned about the use of District resources. He stated that he submitted comments on this topic and requested a Board meeting to review this topic. He noted that his intent is to ensure that the District is following best practices. He added that the Health and Safety Code sees the position of Board Secretary as a professional position that requires special compensation. He shared that, in preparation for this discussion, he surveyed the operations of other special districts in California. He noted that he did not survey all 60 sanitary districts, but among the districts he did survey, he found that having a Board member serving as Secretary is not the common practice. He stated that at least two-thirds of the surveyed districts did not have a Board member serving as Secretary. He shared that a surprising number of other districts designate one Board member as Board Treasurer. He noted that he would prefer that the District did not have a professional Board Secretary. He added that the District is following an unusual practice of having a Board member serve as a Secretary to the Board. Additionally, Mr. Mosher shared that, according to the Health and Safety Code, Board stipends are to be paid in addition to items other than actual Board meetings that have been requested by the Board. He stated that he researched stipends given by the other 60 sanitary districts in the state and found that two of the District's Board members consistently earn the most out of 300 directors in California. He added that all of the District's Board members are ranked within the top ten earned stipends. He explained that this is a result of the District offering a very generous stipend per meeting and allowing Board members to be compensated for the maximum amount of six meetings per month or 72 meetings per year. He noted that it is common in other districts to appoint specific Board members to attend local meetings. He added that the appointments are recorded so that Board members can receive compensation for meetings other than District meetings. He stated that the Fair Political Practices Commission (FPPC) requires the appointment of Board members to other local meetings to be reported on form 806. He noted that the 806 forms posted on the District's website are outdated and that only two appointments are listed with incorrect information. He added that other special districts are more transparent in their reporting. He discussed the $295 compensation rate and stated that the amount probably exceeds the intent the State legislature has for sanitary district boards. He shared that in 2000, the State legislature adopted a regulation that set compensation at $100 with a right to raise the amount five percent per year. He inquired about how the Board interpreted this regulation and noted that the Board raised its compensation in January 2001 to$170,which was the base for the five percent increases. He added that the State legislature's intent was to start with a base of $100. He stated that the District's compensation was set at $100 in 1987. He concluded by saying that the District's interpretation of this regulation has contributed to its Board members being among the highest paid special district Board members. Mr. Burns stated that the 806 form is required for Board members who are appointed to another agency's board and receive compensation from that agency. He added that he researched how the five percent increase has been applied to COSTA MESA SANITARY DISTRICT PAGE 7 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD OCTOBER 13, 2020 Board compensation. He noted that the District is following the California Association of Sanitation Agencies (CASA) and CSDA guidelines for compensation. He shared that Board members are permitted to receive a little over $300 in per diem for meetings, but he noted that the Board decided against compensating members at this amount. He stated that the Board arbitrarily selected the $295 rate. Director Scheafer stated that the insinuation that Board members simply attend meetings is inaccurate. He shared that he attends a lot of meetings and regularly exceeds the six compensable meetings per month. He noted that he attends other meetings to learn and absorb information that he can apply to policy decisions for the District. He noted that some meetings do not directly affect the District, but he does not want to miss an opportunity to potentially discover how to make better policies for the District. He discussed a public comment in the memo that implies that the Board receives a lucrative stipend. He commented that the compensation he receives from the District is not lucrative and he noted that he spends a considerable amount of time away from his family and business to attend meetings and perform other acts of service in the interest of the District. He confirmed that his position is voluntary, but he reiterated that he did not volunteer for the purpose of monetary gain. He stated that the Board is strongly devoted to making the District the best district in California and that he does not find it appropriate to compare the District to smaller, dissimilar districts in northern California. In terms of providing direction to District staff, he stated that this item can be closed and that the District should move forward with other matters. Director Perry expressed agreement with Director Scheafer's remarks. President Ferryman inquired if the Board needs to act on this item. Mr. Carroll and Mr. Burns stated that the Board can either act or provide direction. President Ferryman recommended verifying the intent and policy of the Board by making a motion. Motion: To receive and file the report and to continue to follow the established procedures and guidelines for Board compensation. Motion by Mike Scheafer, second by Art Perry. Final Resolution: Motion Carries 5-0. Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer There was no further discussion. Procedural: 1. Oral Communications and Director Comments Director Perry inquired if Mr. Carroll has researched CSDA's notice regarding cities being responsible for collection of certain solid waste materials. COSTA MESA SANITARY DISTRICT PAGE 8 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD OCTOBER 13, 2020 Mr. Carroll stated that District staff has researched the matter and is planning to address this as a discussion item for a future Study Session. He inquired if Director Perry would like the item to be placed on the agenda for the November Study Session. Director Perry agreed to discuss it at next month's Study Session and stated that the District and the City of Costa Mesa need to be aware of new guidelines. Director Scheafer stated that Director Perry discussed a proliferation of mattresses being illegally dumped in the public right-of-way. He requested an update on how the City of Costa Mesa services these items. Vice President Ooten inquired if mattresses are eligible for CR&R's Large Item Collection program. Mr. Carroll confirmed that mattresses qualify for CR&R's program. He noted that the illegal dumping issue usually involves multi-family properties that are serviced by the City of Costa Mesa. Director Scheafer offered best wishes to President Ferryman and Director Perry who are currently running for reelection to the Board. There was no further discussion. Procedural: 2. Adjournment President Ferryman experienced internet connectivity issues and was unable to adjourn the meeting. Vice President Ooten adjourned the meeting at 10:18 A.M. 0 Tr a"----Arlene Schafer J es Ferryman Secretary a' c-sident