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Minutes - Board - 2023-01-10COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS STUDY SESSION JANUARY 10, 2023 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, Arlene Schafer, Bob Ooten, Brett Eckles, Mike Scheafer Members absent None Staff present Scott Carroll (General Manager), Noelani Middenway (District Clerk and Public Information Officer), Gina Terraneo (Management Analyst II), Alan Burns (District Counsel), Dyana Bojarski (Administrative Services Manager), Kaitlin Tran (Finance Manager), Mark Esquer (District Engineer), Nabila Guzman (Management Analyst I), David Griffin (Interim Code Enforcement Officer), Evan Schneider (Solid Waste Intern) Others present Julie Barreda, CR&R Mike Carey, CR&R Meeting Called to order at 8:00 A.M. A. OPENING ITEMS 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 Scheafer called the meeting to order at 8:00 A.M. COSTA MESA SANITARY DISTRICT PAGE 2 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD JANUARY 10, 2023 District Clerk & Public Information Officer, Noelani Middenway, noted that President Scheafer, Vice President Schafer, Secretary Perry, Vice Secretary Ooten, and Director Eckles were present. B. PUBLIC COMMENTS Procedural: 1. Public Comments President Scheafer opened public comments. Ms. Middenway stated that the District received written comments, which have been disseminated to the Board. Hearing no additional comments, President Scheafer closed public comments. C. ITEMS OF STUDY Action, Receive and File: 1. Receive and File December 2022 Code Enforcement Officer Report Recommendation: That the Board of Directors receive and file this report. Interim Code Enforcement Officer, David Griffin, provided report details. He discussed a scavenging case on Wallace Avenue. Discussion followed regarding scavenging cases and patrol hours. Vice President Schafer inquired about using stickers to deter scavenging. Mr. Griffin stated that he can place those stickers on trash carts that are frequently scavenged. He added that he also distributes yellow scavenging flyers to warn scavengers about citations. President Scheafer asked if Mr. Griffin has noticed Christmas trees being placed curbside for collection. Mr. Griffin stated that he has noticed many Christmas trees placed outside for pickup. He recommended extending the collection period by one week. COSTA MESA SANITARY DISTRICT PAGE 3 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD JANUARY 10, 2023 Discussion followed regarding the requirements for Christmas tree collection. Vice Secretary Ooten commented that Christmas trees were adequately picked up in his neighborhood. Mr. Griffin stated that he has been following up with missed Christmas trees pickups. Secretary Perry asked if the District hired a third -party vendor to assist with Christmas tree collection. General Manager, Scott Carroll, confirmed that the District hired a third - party vendor to assist with picking up Christmas trees after CR&R's collection period. Vice President Schafer suggested thanking the Daily Pilot for sharing information about the Districts' Christmas Tree Collection Program. Vice Secretary Ooten recommended discussing the program with the City of Costa Mesa to ensure that they have the correct information. Director Eckles requested to review the Christmas Tree Collection Program at an upcoming meeting. Mr. Carroll stated that staff will provide a report to the Board at their February Study Session. There was no further discussion, and the report was received. Action: 2. Fourth Review of Draft Agreement Amendment with CR&R Incorporated Recommendation: That the Board of Directors direct staff to bring back the final version of the amended agreement with CR&R Incorporated to the January 23, 2023 Board of Directors meeting for approval consideration. Management Analyst I, Nabila Guzman, presented report details. She discussed updating the amendment with regards to cart label language, liquidated damages, and compensation schedules. COSTA MESA SANITARY DISTRICT PAGE 4 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD JANUARY 10, 2023 Vice Secretary Ooten inquired about the number of Organic Recycling Carts per customer. Discussion followed regarding the number of carts included with trash service. Ms. Guzman clarified that trash service includes up to two Organics Recycling Carts. Vice Secretary Ooten recommended providing more compost to customers throughout the year. He suggested removing the fee schedule in Exhibit B. He noted that he supports the amendment but requested to review the costs associated with Senate Bill (SB) 1383. He also inquired about the amount of reserves being appropriated and discussed how SB 1383 and occupancy costs will affect solid waste rates. Mr. Carroll stated that staff will provide the requested information by the end of this month. Director Eckles expressed support for Vice Secretary Ooten's comments. He inquired about the changes to liquidated damages for missed trash pickups. Mr. Guzman stated that it is easier for staff to review the liquidated damages data on an annual basis rather than monthly or weekly. Director Eckles discussed the purpose of the liquidated damages policy and requested to review them on a monthly basis and to establish a cap of 92 missed trash pickups per month. He added that a monthly review may result in more consistent trash service from CR&R. Mr. Carroll stated that staff will be monitoring that data monthly. Ms. Guzman stated that the language can be amended to 92 missed trash pickups per month rather than 1,104 missed trash pickups per year. President Scheafer expressed agreement with the updated language. COSTA MESA SANITARY DISTRICT PAGE 5 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD JANUARY 10, 2023 Mr. Carroll confirmed that the rate of monthly missed trash pickups and the estimated costs of liquidated damages will be monitored by staff. President Scheafer stated that the Board received written comments from the Citizens Advisory Committee (CAC) Chair, Elodie Katz, regarding this item. He asked for staff to elaborate on her comments regarding a cart size of 35-gallons. Ms. Guzman stated that CR&R offers a 35-gallon cart, but it is not included in the amendment. She noted that the option for a 35-gallon cart can be added to the amendment. Vice Secretary Ooten asked if the various cart sizes will be available to all customers. Ms. Guzman confirmed that customers will have the option to select their cart size (35-gallon, 65-gallon, or 90-gallon). President Scheafer stated that the 35-gallon cart is considered an exception for customers who do not produce enough waste or have enough storage space for a larger sized cart. Discussion followed regarding 35-gallon carts. President Scheafer inquired about the three knock -and -talks included in the amendment. Ms. Guzman stated that the knock -and -talks are offered by CR&R. She shared that most customers are not interested in discussing trash service. She noted that they could be helpful in addressing cart contamination issues. Discussion followed regarding removing the knock -and -talks from the amendment and the status of knock -and -talks in the City of Newport Beach by CR&R. President Scheafer inquired about using the data provided by CR&Ws trash trucks. COSTA MESA SANITARY DISTRICT PAGE 6 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD JANUARY 10, 2023 Ms. Guzman stated that the amendment grants staff access to CR&R's geographical information systems (GIS) data. She shared that this access will help the District track data related to liquidated damages. Director Eckles inquired about cart signage. Ms. Guzman stated that the carts will include stickers with pictures and bilingual text. She noted that staff and the Board will review and approve the stickers. Discussion followed regarding CR&R's collection of cardboard during the recent holiday season. Mr. Carroll confirmed that staff will present the Board a revised agreement at the January Board meeting for approval consideration. There was no further discussion. Action: 3. Consider Providing Bin Service for Equestrian Properties in Santa Ana Heights Recommendation: That the Board of Directors provide direction to staff. Mr. Carroll discussed the difference between trash carts and trash bins. He stated that trash carts are collected by side -loading trucks and trash bins are collected by front -loading trucks. He presented a map of the Santa Ana Heights area. He shared that, since the late 1950s, the District has been collecting trash in the Santa Ana Heights area, according to Resolution 1958- 69. He added that this area is zoned for equestrian use. He explained that, due to the amount of waste produced by the horses in this area, these residences require trash bins rather than trash carts. However, he noted that because CR&R only provides trash cart service, these residences have had to acquire trash bin service from one of the City of Newport Beach's approved waste haulers. He shared that the City received a complaint from a resident reporting that there are four different waste haulers servicing this area six days per week, which has created noise and traffic issues. He stated that the City contacted the District for assistance. He assured the Board that the District has the right to provide service to properties in this area as the exclusive waste hauler. COSTA MESA SANITARY DISTRICT PAGE 7 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD JANUARY 10, 2023 President Scheafer inquired about the type of trash service that the District would provide to these residences. Mr. Carroll stated that the District would provide trash bin service through CR&R to eliminate the issue of multiple haulers. He noted that a cease and desist letter would be sent to the other haulers. Ms. Guzman stated that some residences in the area currently have trash cart service with the District and trash bin service with another waste hauler. She noted that some residences have multiple trash bins. President Scheafer asked if the City of Costa Mesa is involved in this issue. Mr. Carroll stated that only the City of Newport Beach is involved. Director Eckles suggested proceeding with a full legal review. He noted that there have been many complaints about the multiple trash trucks servicing this area. Secretary Perry inquired about the City of Newport Beach's involvement. Mr. Carroll clarified that the various waste haulers will still be approved to provide service to Newport Beach properties aside from the residences in the Santa Ana Heights area. President Scheafer asked where the equestrian waste will be processed. CR&R Representative, Mike Carey, stated that some will be transported to CR&R's Anaerobic Digestion Facility. He noted that the District will receive diversion credit for the organic waste. The Board directed staff to continue gathering information on this issue. There was no further discussion. D. CLOSING ITEMS Procedural: 1.Oral Communications and Director Comments COSTA MESA SANITARY DISTRICT PAGE 8 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD JANUARY 10, 2023 Vice President Schafer commented that the District's Popular Annual Financial Reporting (PAFR) award should be added to an upcoming agenda. Mr. Carroll stated that the District will be issuing a press release about the award. Director Eckles thanked CR&R for their Christmas tree collection service for this year. He noted that the program drastically improved in comparison with the last few years. There were no additional comments. Procedural: 2. Adjournment President Scheafer adjourned the meeting at 8:50 A.M. A3-P Art Perry Secretary M' a Scheafer President