Meeting of the Board of Directors September 17, 2014 SPECIAL MEETING CLOSED SESSION PRIOR TO REGULAR MEETING 8:00 a.m. Regular Meeting at 9:00 a.m. (or immediately following closed session) City of Santa Rosa Council Chambers 100 Santa Rosa Avenue Santa Rosa, CA Meeting Agenda and Documents SONOMA COUNTY WASTE MANAGEMENT AGENCY Meeting of the Board of Directors September 17, 2014 SPECIAL MEETING CLOSED SESSION PRIOR TO REGULAR MEETING 8:00 a.m. Regular Meeting at 9:00 a.m. (or immediately following closed session) Table of Contents Description Page Agenda 1 Executive Summary 4 Director’s Notes 5 Item 7.1 Minutes of August 20, 2014 (Consent) 8 Item 7.2 Annual Budget Adjustments (Consent) 16 Item 7.3 Construction Management Service, Pond Combination 20 Project (Consent) Item 7.4 Agreement for Special Counsel Services (Consent) 27 Item 8 Compost Zero Discharge Plan Update 34 Item 9 Waste Characterization Study 45 Item 10 Organics Outhaul Agreement 97 Item 11 Tip Fee Surcharge Discussion 134 Item 12 Sonoma Compost Amendment 136 Item 13.1.a September and October Outreach Event 169 Item 13.1.b Carryout Bags Outreach Report 170 Item 13.1.c Safe Medicine Disposal Program Symposium Flyer 185 Note: This packet is 185 pages total SONOMA COUNTY WASTE MANAGEMENT AGENCY Meeting of the Board of Directors September 17, 2014 SPECIAL MEETING CLOSED SESSION PRIOR TO REGULAR MEETING 8:00 a.m. Regular Meeting at 9:00 a.m. (or immediately following closed session) Estimated Ending Time 11:30 a.m. City of Santa Rosa Council Chambers 100 Santa Rosa Avenue Santa Rosa, CA Teleconference location: Susan Harvey, City of Cotati 5970 Riverview Road Mackay, ID 83251 Agenda *** UNANIMOUS VOTE ON ITEM #10 *** Item Action 1. Call to Order Regular Meeting 2. Agenda Approval 3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION GOVERNMENT CODE SECTION 54956.9(d)(1) Renewed Efforts of Neighbors Against Landfill Expansion vs. County of Sonoma, Sonoma Compost Company, Sonoma County Waste Management Agency Case 3:14-cv-03804-TEH 2300 County Center Drive, Suite B100 Santa Rosa, California 95403 Phone: 707/565-3579 Fax: 707/565-3701 www.recyclenow.org 1 CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION GOVERNMENT CODE SECTION 54956.9(d)(2) and (e)(5) Threat of Litigation made by Roger Larsen on May 19, 2014 between 10:00 - 10:30 am at Happy Acres neighborhood east of the Compost Facility at the Central Landfill. The threat of litigation was made to Henry Mikus and Patrick Carter and concerned, in part, the construction of a new holding or retention pond at or near the Compost Facility. A contemporaneous record of this threat of suit was made by Henry Mikus and is available for viewing at Agency offices. 4. Adjourn Closed Session 5. Agenda Approval 6. Public Comments (items not on the agenda) Consent (w/attachments) Discussion/Action 7.1 Minutes of August 20, 2014 Regular Meeting 7.2 Annual Budget Adjustments 7.3 Construction Management Services, Pond Combination Project 7.4 Agreement for Special Counsel Services Regular Calendar 8. Compost Zero Discharge Plan Update Discussion/Action [Mikus](Attachments) Organics 9. Waste Characterization Study Report Discussion/Action [Carter](Attachments) Planning 10. Compost Outhaul Agreement Unanimous Vote [Carter](Attachments) Organics 11. Tip Fee Surcharge Discussion Discussion/Action [Mikus](Attachments) All 12. Sonoma Compost Amendment Discussion/Action [Mikus, Carter](Attachments) Organics 13. Attachments/Correspondence: 13.1 Reports by Staff and Others: 13.1.a September and October 2014 Outreach Events 13.1.b Carryout Bags Outreach Report 13.1.c Safe Medicine Disposal Program Symposium Flyer 2300 County Center Drive, Suite B100 Santa Rosa, California 95403 Phone: 707/565-3579 Fax: 707/565-3701 www.recyclenow.org 2 14. Boardmember Comments 15. Staff Comments 16. Next SCWMA meeting: October 15, 2014 17. Adjourn Consent Calendar: These matters include routine financial and administrative actions and are usually approved by a single majority vote. Any Boardmember may remove an item from the consent calendar. Regular Calendar: These items include significant and administrative actions of special interest and are classified by program area. The regular calendar also includes "Set Matters," which are noticed hearings, work sessions and public hearings. Public Comments: Pursuant to Rule 6, Rules of Governance of the Sonoma County Waste Management Agency, members of the public desiring to speak on items that are within the jurisdiction of the Agency shall have an opportunity at the beginning and during each regular meeting of the Agency. When recognized by the Chair, each person should give his/her name and address and limit comments to 3 minutes. Public comments will follow the staff report and subsequent Boardmember questions on that Agenda item and before Boardmembers propose a motion to vote on any item. Disabled Accommodation: If you have a disability that requires the agenda materials to be in an alternative format or requires an interpreter or other person to assist you while attending this meeting, please contact the Sonoma County Waste Management Agency Office at 2300 County Center Drive, Suite B100, Santa Rosa, (707) 565-3579, at least 72 hours prior to the meeting, to ensure arrangements for accommodation by the Agency. Noticing: This notice is posted 72 hours prior to the meeting at The Board of Supervisors, 575 Administration Drive, Santa Rosa, and at the meeting site the City of Santa Rosa Council Chambers, 100 Santa Rosa Avenue, Santa Rosa. It is also available on the internet at www.recyclenow.org 2300 County Center Drive, Suite B100 Santa Rosa, California 95403 Phone: 707/565-3579 Fax: 707/565-3701 www.recyclenow.org 3 Date: August 20, 2014 To: SCWMA Board Members From: Henry J. Mikus, SCWMA Executive Director Executive Summary Report for the SCWMA Board Meeting of August 20, 2014 Item 3: The Board met in Closed Session to discuss “Anticipated Litigation”. There was a report out of Closed Session that the Board gave direction to Counsel for preliminary approval to retain counsel of Mr. Dean Tanaka of BB&K based on a lawsuit. A contract will follow in September and will be discussed in open session. Item 7: The Consent Agenda contained several items: the Minutes of the July 16, 2014 regular Board Meeting, the Year-End Financial Report, a Consultant Contract Extension (Stu Clark, DEI), and the Biennial Review of Code of Conduct; all were approved. Item 8: Compost Zero Discharge Plan Update: The Zero-Discharge Plan that was sent to the NCRWQCB July 11, 2014 was reviewed. The two parallel long term option tracks, constructing a new site or building a large storage pond, were discussed, as was the “safety net” option to close the site and outhaul materials. The interim measures to reduce and improve the water discharged were outlined. The response letter to the Zero Discharge Plan from NCRWQCB, which included the intent to issue a Time Schedule Order based on the Plan, was mentioned, and Matt St. John, NCRWQCB Executive Officer, addressed the Board and answered questions. There was no formal action required for this item. Item 9: Compost Outhaul Agreement: The Agency conducted a procurement process soliciting proposals for hauling the compost program feedstock materials. This included a continuation of the current process to bring materials to Central from the other transfer stations, partial outhaul to meet the 18 % footprint reduction as set forth in the Zero Discharge Plan, or total outhaul for site shut down in case that option had to be implemented. The Ratto Group was recommended as the contractor for the work. The Board approved the contract in principal on a Unanimous Vote. Item 10: Organics Outhaul: From the beginning of Zero Discharge Plan formulation discussions in March, the August 20, 2014 Board meeting date was recognized as an initial “decision point” for considering implementing total outhaul of compost materials. For cessation of operations to be possible by October 1, 2014, the outhaul decision had to be made at the August Board meeting. However in large part due to the Zero Discharge Plan submittal coupled with the very positive NCRWQCB response to the Plan, the decision of the Board was to stay the course and follow the Plan, and to NOT implement total outhaul at this time. The decision was passed on a unanimous vote. Item 11: Attachments/Correspondence: The only attachments was the August & September 2014 Outreach Calendar. 4 To: Sonoma County Waste Management Agency Board Members From: Henry Mikus, Executive Director Subject: September 17, 2014 Board Meeting Agenda Notes Please Note: There is a “Closed Session” discussion scheduled for 8:00 AM with the regular meeting to follow at the normal 9:00 AM start time. Please ALSO Note: There is one item that will require a “Unanimous Vote” Consent Calendar These items include routine financial and administrative items and staff recommends that they be approved en masse by a single vote. Any Board member may remove an item from the consent calendar for further discussion or a separate vote by bringing it to the attention of the Chair. 7.1 Minutes of the August 20, 2014 Board Meeting: regular approval. 7.2 Annual Budget Adjustments: Typically budget adjustments are made around the end of the first quarter of the fiscal year to account for any changes, mostly from alterations resulting from prior fiscal year closing such as carryover funds. This year some adjustments are the result of costs from the Zero Discharge Plan work. 7.3 Construction Management Services: The pond combination construction project is set to begin directly, and construction management, oversight, and QA/QC is needed. Since Tetra Tech BAS did the design drawings and bid specifications and is very familiar with the complexities of the project, staff recommends utilizing them for these services at a not to exceed amount of $74,196.