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Minutes - Board - 2022-09-26COSTA MESA SANITARY DISTRICT MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING SEPTEMBER 26, 2022 NOTE: THIS HYBRID IN -PERSON AND TELECONFERENCED MEETING WAS CONDUCTED UTILIZING ELECTRONIC MEANS CONSISTENT WITH STATE OF CALIFORNIA ASSEMBLY BILL 361(GOV. CODE 54953(B)(3)). Members present Art Perry, Bob Ooten, Brett Eckles, Mike Scheafer Members absent Arlene Schafer Staff present Scott Carroll (General Manager), Noelani Middenway (District Clerk & Public Information Officer), Kaitlin Tran (Finance Manager), Dyana Bojarski (Administrative Services Manager), Gina Terraneo (Management Analyst II), Marc Davis (District Treasurer), Alan Burns (District Counsel) Others present Judith Gielow, Citizens Advisory Committee Mike Carey, CR&R Environmental Services Michael Tou, Citizens Advisory Committee Phatthany Keobounkhong, Young Southeast Asian Leaders Initiative fellow Ratana Kheang, Young Southeast Asian Leaders Initiative fellow Meeting called to order at 4:30 P.M. A. OPENING ITEMS Procedural: 1. Call to Order — President Ooten COSTA MESA SANITARY DISTRICT PAGE 2 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 26, 2022 President Ooten called the meeting to order at 4:30 P.M. Procedural: 2. Pledge of Allegiance — President Ooten President Ooten led the Pledge of Allegiance. Procedural: 3. Invocation — Vice President Scheafer Vice President Scheafer led the Invocation. Procedural: 4. 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 and Public Information Officer, Noelani Middenway, conducted roll call and noted that President Ooten, Vice President Scheafer, Director Perry, and Director Eckles were present while Secretary Schafer was not present. District Counsel, Alan Burns, noted that Secretary Schafer has an excused absence. Procedural: S. Announcement of Late Communications - Unless directed otherwise by the Board of Directors, all actions shall be based on/memorialized by the latest document submitted as a late communication. None. Procedural: 6. Ceremonial Matters and Presentations. None. B. PUBLIC COMMENTS Procedural: 1. Public Comments President Ooten opened public comments. Hearing none at this time, he closed public comments. COSTA MESA SANITARY DISTRICT PAGE 3 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 26, 2022 C. CONSENT CALENDAR Action (Consent): 1. Approve Consent Calendar Recommendation: That the Board of Directors approve the Consent Calendar as presented. Action (Consent), Minutes: 2. Approve the Board of Directors Study Session Minutes of August 9, 2022 Recommendation: That the Board of Directors approve the meeting minutes as presented. Action (Consent), Minutes: 3. Approve the Board of Directors Regular Meeting Minutes of August 29, 2022 Recommendation: That the Board of Directors approve the meeting minutes as presented. Action (Consent): 4. Approve the preparation of a warrant to CR Transfer in the amount of $206,727.59 for August 2022 recycling and disposal services in the September 2022 warrant register Recommendation: That the Board of Directors approves the preparation of a warrant to CR Transfer in the amount of $206,727.59 for August 2022 recycling and disposal services to be ratified in the September 2022 warrant register. Action (Consent): S. Approve the Directors' Compensation and Reimbursement of Expenses Recommendation: That the Board of Directors approve the compensation and reimbursement of expenses as presented. Action (Consent): 6. Approve Payroll Transparency Disclosure for August 2022 Recommendation: That the Board of Directors approve and file the report. Action (Consent): 7. Adopt Warrant Resolution No. CMSD 2023-03 Approving District Warrant Registers Recommendation: That the Board of Directors adopt Warrant Resolution No. CMSD 2023-03 approving District warrants for the month of August in the amount of $838,579.15. COSTA MESA SANITARY DISTRICT PAGE 4 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 26, 2022 Action (Consent): 8. Accept the occupancy count as presented as 23,091 and direct staff to prepare a warrant to CR&R Environmental Services for $246,004.59 for August 2022 collection Recommendation: That the Board of Directors accept the occupancy count as presented using 23,091 as the correct number of active units and direct staff to prepare a warrant to CR&R Environmental Services for August 2022 collection based on this occupancy report so long as the contractor fulfills the obligations of the agreement in the amount of $246,004.59 to be ratified in the September 2022 warrant list. Action (Consent): 9. Receive and File the August 2022 Organics Tonnage Report Recommendation: That the Board of Directors receive and file this report. Action (Consent): 11. Receive and File Annual Report of Expenses — Fiscal Year 2021-22 Recommendation: That the Board of Directors receive and file the Annual Report of Expenses for the Fiscal Year 2021-22. Action (Consent): 12. Approve the Investment Report for the Month of August 2022 Recommendation: That the Board of Directors approve the Investment Report for the month of August 2022. Action (Consent): 13. Receive and File August 2022 Contracts Signed by the General Manager Recommendation: That the Board of Directors receive and file this report. President Ooten requested to pull Item C10 for discussion. Motion: To approve the Consent Calendar as presented, except for Item C10. Motion by Art Perry, second by Brett Eckles. Final Resolution: Motion Carries 4-0-1 Aye: Art Perry, Bob Ooten, Brett Eckles, Mike Scheafer Not Present: Arlene Schafer COSTA MESA SANITARY DISTRICT PAGE 5 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 26, 2022 Action (Consent): 10. Receive and File the August 2022 Solid Waste Diversion Report Recommendation: That the Board of Directors receive and file this report. President Ooten stated that, according to Item C10, the District is currently achieving a solid waste diversion rate of 61%, which is higher than most other agencies. Director Perry asked if the District's diversion rate includes information from Orange Coast College (OCC). General Manager, Scott Carroll, stated that it does not include OCC's information. Director Perry noted that, with OCC's information, the diversion rate may increase by 1-2%. Motion: To receive and file this report. Motion by Mike Scheafer, second by Brett Eckles. Final Resolution: Motion Carries 4-0-1 Aye: Art Perry, Bob Ooten, Brett Eckles, Mike Scheafer Not Present: Arlene Schafer There was no further discussion. D. PUBLIC HEARINGS None at this time. E. GENERAL MANAGER REPORTS Action: 1. Consider Appointing Two Board Members to Serve on the Policy Review Ad Hoc Committee Recommendation: That the Board of Directors appoint two members to serve on the Policy Review Ad Hoc Committee. Mr. Carroll presented report details and shared how the District historically reviews policies to ensure that they reflect current laws. He COSTA MESA SANITARY DISTRICT PAGE 6 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 26, 2022 stated that the committee will offer suggestions to the Board for adoption. He added that, previously, Director Perry and Vice President Scheafer were on the committee. He shared that Citizens Advisory Committee (CAC) Member Dean Fisher and CAC Vice Chair Sue Lester have been appointed to the committee. Director Perry asked when the committee will be meeting. Mr. Carroll stated that the committee will meet based on the participants' availability. He noted that the committee members will be required to read and review District policies prior to meeting. Director Perry offered to join the committee but is only available for morning meetings. Motion: To appoint President Ooten and Director Perry to the Policy Review Ad Hoc Committee. Motion by Mike Scheafer, second by Art Perry. President Ooten nominated Secretary Schafer to the committee due to her interest in policy review. Substitute Motion: To appoint Director Perry and Secretary Schafer to the Policy Review Ad Hoc Committee. Motion by Bob Ooten, second by Mike Scheafer. Final Resolution: Motion Carries 4-0-1 Aye: Art Perry, Bob Ooten, Brett Eckles, Mike Scheafer Not Present: Arlene Schafer Director Perry requested for the policies to be printed instead of sent electronically. There was no further discussion. Action, Receive and File: 2. Receive and File Lessons Learned from City of Newport Beach SB 1383 Roll Out Recommendation: That the Board of Directors receive and file this report. COSTA MESA SANITARY DISTRICT PAGE 7 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 26, 2022 Mr. Carroll introduced the item and CR&R Senior Sustainability Manager, Mike Carey. Mr. Carey stated that, prior to January 2022, Newport Beach residents had no restrictions regarding the amount of waste they could place outside for collection and the amount of trash carts that they could request from CR&R. He shared that CR&R performed an extensive public outreach campaign over the last nine months regarding CR&R's automated system, SB 1383, and the available cart sizes and quantity. He stated that, as part of CR&R's new program, Newport Beach residents can request up to 1 trash, 2 organic, and 2 recycling carts and pay extra to receive additional carts. He discussed the challenges and lessons learned from CR&R's SB 1383 roll out. He provided details regarding CR&R's public outreach efforts. He shared that CR&R is providing communal collection for multifamily properties in Newport Beach. CAC Member Michael Tou entered the meeting at 4:48 p.m. Discussion followed regarding a Newport Beach property with 16 trash carts. Vice President Scheafer inquired about Newport Beach's solid waste diversion rate. Mr. Carey stated that their diversion rate is still being calculated. He noted that CR&R's program only has nine months of data. Vice President Scheafer inquired about the trash trucks servicing Newport Beach. Mr. Carey stated that there are three different types of trash trucks servicing Newport Beach (side loaders, small side loaders, and split body trucks with rear loading). He added that this system has created a lot of confusion amongst Newport Beach residents. Director Eckles inquired about trash service on Balboa Island. COSTA MESA SANITARY DISTRICT PAGE 8 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 26, 2022 Mr. Carey discussed the challenges in providing trash service to customers on Balboa Island. Director Eckles inquired about CR&R's three -cart system in Newport Beach. Mr. Carey stated that CR&R had to conduct a major public outreach campaign and expand their truck fleet to prepare for a three -cart system in Newport Beach. Director Eckles commented on CR&R's trash cart signage. President Ooten inquired about the sustainability coordinators in Newport Beach. Discussion followed regarding CR&R's sustainability coordinators assisting with Newport Beach and the District. President Ooten inquired about customers that have been waived from CR&R's SB 1383 program. Mr. Carey stated that only a few waivers were granted to commercial offices that do not generate food waste. President Ooten inquired about CR&R's communication efforts in Newport Beach. Mr. Carey stated that CR&R participated in multiple community events to better engage with customers. Discussion followed regarding the price of extra trash and recycling carts per month. Vice President Scheafer asked how trash complaints are tracked for Newport Beach. COSTA MESA SANITARY DISTRICT PAGE 9 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 26, 2022 Mr. Carey stated that, depending on how it is submitted, CR&R or the City of Newport Beach will track the complaint. He stated that the rate of complaints is similar to the District's rate. Vice President Scheafer stated that Newport Beach has more alleyways which may increase the amount of trash complaints. He asked if the recycling cart contains a sign that instructs customers to break down their cardboard before placing it in the cart. Mr. Carey confirmed that there is signage on the recycling carts regarding cardboard disposal. Discussion followed regarding recycling carts and diversion rates. CAC Member Judith Gielow asked how kitchen pail/food waste is collected. Mr. Carey stated that kitchen pail contents must be emptied into the Organics Recycling Carts. Discussion followed regarding CR&R's kitchen pail campaign for Newport Beach. There was no further discussion, and the report was received. F. ENGINEER'S REPORTS None at this time. G. TREASURER'S REPORTS None at this time. H. ATTORNEY'S REPORTS Action: 1. Consider Adopting Resolution No. 2022-972 Authorizing Remote Meetings COSTA MESA SANITARY DISTRICT PAGE 10 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 26, 2022 Recommendation: That the Board of Directors Adopt Resolution No. 2022-972 authorizing remote meetings. President Ooten introduced the item. Motion: To adopt Resolution No. 2022-972 authorizing remote meetings. Motion by Art Perry, second by Mike Scheafer. Final Resolution: Motion Carries 4-0-1 Aye: Art Perry, Bob Ooten, Brett Eckles, Mike Scheafer Not Present: Arlene Schafer Mr. Burns shared that Assembly Bill (AB) 3449 amends the Brown Act regarding teleconferencing requirements. He stated that it requires a quorum of the Board to be physically present at all public meetings. He noted that exceptions for teleconferencing include emergency circumstances or just cause. He added that teleconferencing cannot be used while on vacation. He stated that he will provide more information to the Board. Vice President Scheafer inquired about teleconferencing while travelling for business. Mr. Burns stated that teleconferencing is allowed for members that are traveling for District -related matters but not for personal business. Discussion followed regarding the in -person quorum requirement. Director Eckles suggested determining an order of succession for conducting meetings in -person. He noted that it is difficult to conduct a meeting remotely. Mr. Burns recommended discussing that matter with the Policy Review Ad Hoc Committee. There was no further discussion. I. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is required to be given by a Director for any meeting for which expense COSTA MESA SANITARY DISTRICT PAGE 11 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 26, 2022 reimbursement of any kind is provided. Note: For meetings for which the per diem compensation is sought, the Operations Code provides that such compensation is authorized for each days service rendered as a Director at the request of the Board (not to exceed six days in one month), and certain meetings are specified as being eligible as set forth in District Operations Code § 3.01.030. For meetings not so listed, the Board must approve the service for it to be eligible for the per day compensation. 1. Orange County Sanitation District (OCSD) - (President Ooten) Director Eckles exited the meeting at 5:09 p.m. President Ooten shared that he attended an OCSD meeting. 2. Santa Ana River Flood Protection Agency (SARFPA) - (Director Perry) Director Perry shared updates on the Infrastructure Investment and Jobs Act, the Prado Dam spillway project, and other 2023 projects. He discussed SARFPA bylaw changes. Director Eckles reentered the meeting at 5:11 p.m. Discussion followed regarding the status of SARFPA after the Prado Dam spillway project is completed. 3. Independent Special Districts of Orange County (ISDOC) - (Secretary Schafer) None. 4. California Special Districts Association (CSDA) - (Secretary Schafer) lerom S. Special District Risk Management Authority (SDRMA) - (Director Scheafer) Vice President Scheafer shard that he attended the California Joint Powers Authority conference in Lake Tahoe on behalf of SDRMA. COSTA MESA SANITARY DISTRICT PAGE 12 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 26, 2022 6. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55, Operations Code Section 3.01.030 President Ooten shared that he attended the District's Solid Waste Ad Hoc Committee meeting, which included discussion about high -diversion facilities. There was no further discussion. J. OLD BUSINESS None at this time. K. NEW BUSINESS Action: 1. Consider Changing or Cancelling the October 11, 2022 Study Session President Ooten introduced the item. Mr. Carroll stated that there is a conflicting Newport Mesa Unified School District event on October 11, 2022. Director Perry requested to select a new date for the October Study Session. Discussion followed regarding a new meeting date. Motion: To cancel the October 11, 2022 Study Session and work with CMSD staff to reschedule it for another date. Motion by Brett Eckles, second by Mike Scheafer. Final Resolution: Motion Carries 4-0-1 Aye: Art Perry, Bob Ooten, Brett Eckles, Mike Scheafer Not Present: Arlene Schafer L. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS Discussion: 1. Oral Communications and Director Comments COSTA MESA SANITARY DISTRICT PAGE 13 MINUTES OF THE BOARD OF DIRECTORs REGULAR MEETING HELD SEPTEMBER 26, 2022 Director Eckles commented on the challenges associated with SB 1383 and recommended tracking its status for any changes to the legislation. Vice President Scheafer shared that the Solid Waste Association of North America (SWANA) recently had their proposed legislative updates session. President Ooten shared that the California Air Resources Board may be a good resource to learn more about SB 1383. He commented on the District's organics tonnage amounts and proposed that they may be decreasing due to increases in drought -tolerant landscaping. There were no additional comments. M.M. ADJOURN TO CLOSED SESSION None at this time. N. RECONVENE TO OPEN SESSION None at this time. O. CLOSING ITEMS Procedural: 1. Adjourn — The next meeting of the Costa Mesa Sanitary District Board of Directors will be held on Monday, October 24, 2022. President Ooten adjourned the meeting at 5:23 p.m. pi�,gu C Arlene Schafer Secretary I 91�L Bob Ooten President