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Agenda_2015_6_9_Meeting Costa Mesa Sanitary District ... an Independent Special District AGENDA Michael Scheafer President Arthur Perry Vice President Robert Ooten Secretary Arlene Schafer Assistant Secretary James Ferryman Director Public Comments. Any member of the public may address the Board. Speakers on agenda items should identify themselves to the Deputy Clerk before the meeting so that their input can be provided at the time the item is considered. Speakers on non-agenda items will be heard under Public Comments. Pursuant to State law, the Board may not discuss or take action on non-agenda items except under special circumstances. Speakers must limit their remarks to three minutes or as decided upon by the Presiding Officer. The Presiding Officer reserves the right to declare any speaker out of order. Obtaining Agenda Materials: The public is entitled to copies of all documents that are made part of the agenda packet. If any document or other writing pertaining to an agenda item is distributed to all or a majority of the Board after the packet is prepared, a copy of that writing may be obtained at the District offices at 628 W. 19th Street, Costa Mesa, California. The Deputy Clerk of the District may be contacted at (949) 645-8400. In Compliance with ADA: Contact Noelani Middenway, (949) 645-8400, 48 hours prior to meeting if assistance is needed (28 CFR 35.102.35.104 ADA Title II). Study Session - Tuesday, June 9, 2015 I. CALL TO ORDER II. 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.) III. PUBLIC COMMENTS This time has been set aside for persons in the audience to make comments on items within the subject matter jurisdiction of the Costa Mesa Sanitary District that are not listed on this agenda. Members of the public will have the opportunity to address the Board of Directors about all other items on this agenda at the time those items are considered. Under the provisions of the Brown Act, the Board of Directors is prohibited from taking action on oral requests but may refer the matter to staff or to a subsequent meeting. The Board of Directors will respond after public comment has been received. Please state your name. Each speaker will be limited to four (4) continuous minutes. IV. ITEMS OF STUDY 1. Recycling & Waste Diversion Reports - May 2015 Recommendation: That the Board of Directors receive and file the report. 2. Code Enforcement Officer Report - May 2015 Recommendation: That the Board of Directors receive and file the report. 3. Trash Carts Stored in Alleys - Update Recommendation: That the Board of Directors receive and file the report. 4. Fats, Oil and Grease (FOG) Program Recommendation: That the Board of Directors receive and file the report from Environmental Engineering & Contracting, Inc. (EEC). 5. Legislative Analysis Recommendation: That the Board of Directors receive and file the report. 6. Consider Expanding Door-to-Door Household Hazardous Waste (HHW) Collections to all CMSD Residents Recommendation: That the Board of Directors direct staff to maintain the status quo and continue to partner with OC Waste & Recycling and Orange Coast College (OCC) to provide 1-day collection events every other year. 7. Organics Ad Hoc Committee Update - Oral Report Recommendation: That the Board of Directors receive an oral report from Secretary Ooten. 8. Project #101 Westside Pump Station Abandonment Design and Engineering Phase – Oral Report Recommendation: That the Board of Directors consider options for the design and engineering phase of Project #101 - Westside Pump Station Abandonment. 9. Future Study Session Items Recommendation: That the Board of Directors provide staff with direction on items to be placed on future study session agendas. V. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS VI. ADJOURNMENT THE NEXT STUDY SESSION OF THE COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS WILL BE HELD ON TUESDAY, JULY 14, 2015 AT 9:30 A.M. IN THE DISTRICTS BOARD ROOM, 628 W. 19TH STREET. Costa Mesa Sanitary District ... an Independent Special District Recycling & Waste Diversion Reports - May 2015 Item Number: 1. Recommendation/Notes: Recommendation: That the Board of Directors receive and file the report. ATTACHMENTS: Description Type Recycling & Waste Diversion Report Cover Memo CR Transfer CR Transfer To:Javier Ochiqui To:Javier Ochiqui From: CR Transfer Inc.From: CR Transfer Inc. Jurisdiction:Costa Mesa Sanitary District (9)Jurisdiction:Costa Mesa Sanitary District Santa Ana Heights (11) Month/Year:May-15 Month/Year:May-15 Recycling Report Recycling Report Recycle Tons Recycle Tons Commodity Percentage Recycled Commodity Percentage Recycled Paper(cardboard+mixed paper)9.50%303.80 Green Waste 20.50%33.63 Plastics(mixed plastic+HDPE+PET)2.73%87.30 GW Fines 6.99%11.47 Metal(metal+aluminum+alum. Cans)3.91%125.04 Fines 9.99%16.39 Wood 2.92%93.38 Textiles 0.17%0.28 Greenwaste 34.77%1,111.91 Glass 1.89%3.10 Liquids 0.37%11.83 Paper 4.29%7.03 Fines 0.52%16.63 Plastic 5.58%9.15 Glass(bottles)2.03%64.92 Food Waste 0.00%- Concrete 0.33%10.55 Metal 1.20%1.97 Concrete 0.51%0.84 Wood 0.86%1.41 Totals 57.08%1,825.36 Totals 51.97%85.27 Total Tonnage 3,197.90 Total Tonnage 164.07 Recycled Tonnage 1,825.36 Recycled Tonnage 85.27 Landfill Tonnage 1,372.54 Landfill Tonnage 78.80 JULY AUG SEPT OCT NOV DEC JAN FEB MAR APR MAY JUNE TOTAL 3,906.93 3,403.96 3,461.33 3,577.08 3,144.65 3,685.73 3,483.11 3,181.54 3,560.85 3,545.48 3,361.97 38,312.63 2,218.01 1,936.10 1,969.05 2,030.68 1,785.99 2,092.55 1,979.46 1,807.01 2,023.75 2,012.83 1,910.63 21,766.06 1,688.92 1,467.86 1,492.28 1,546.40 1,358.66 1,593.18 1,503.65 1,374.53 1,537.10 1,532.65 1,451.34 16,546.57 56.77%56.88%56.89%56.77%56.79%56.77%56.83%56.80%56.83%56.77%56.83%#DIV/0!56.81%Recycled % CMSD WASTE DIVERSION REPORT FY 2014-2015 Total Tonnage Recycled Tonnage Landfilled Tonnage Costa Mesa Sanitary District ... an Independent Special District Code Enforcement Officer Report - May 2015 Item Number: 2. Recommendation/Notes: Recommendation: That the Board of Directors receive and file the report. ATTACHMENTS: Description Type Code Enforcement Officer Report Cover Memo Protecting our community's health and the environment by providing solid waste and sewer collection services. www.cmsdca.gov Costa Mesa Sanitary District ….an Independent Special District Memorandum To: Board of Directors Via: Scott Carroll, General Manager From: Edward Roberts, Code Enforcement Officer Date: June 9, 2015 Subject: Code Enforcement Officer Report – May 2015 This report summarizes major points for three ordinance enforcement topics covering scavenging, graffiti, and trash container enforcement. For the month of May, the CMSD Code Enforcement Officer focused his efforts on patrols in various parts of the community. The goal was identify and deter instances of scavenging and residential trash carts left within the public view. In the month of May 2015, we saw a reduced number of complaints filed with CMSD Code Enforcement staff regarding scavenging activity in the city. As with most scavenging complaints, the alleged violations take place in the early morning hours. In order to address resident concerns, the Code Enforcement Officer investigated all complaints and adjusted his schedule to accommodate requests for early morning or weekend enforcement. Included below are instances of scavenging that were detected while the Officer was investigating specific complaints. Proactive Scavenging Investigations: 671 Governor Street- As Officer Roberts was patrolling the 600 block of Governor Street, he observed a male subject rummaging through a CMSD cart that was placed in front of the residence at 671 Governor Street. Officer Roberts contacted the male and asked him what he was doing. The male stated that he was looking for recyclables in order to provide for himself. Board of Directors May 2015 Officer Roberts instructed the male to cease removing recyclables from the cart and return all items. The subject was advised that he would be issued a citation if observed scavenging though CMSD carts. The male stated that he understood and was sent on his way. 379 Hamilton Street–Officer Roberts observed a male subject walking through the residential street and noted that he had numerous plastic/glass bottles in a plastic bag with him. Officer Roberts contacted the male subject and let him know that scavenging is a prohibited activity. The male subject was advised to return all recyclable material to a nearby cart and sent on his way with an advisement. 628 Joann Street- While conducting regular patrol in the 600 block of Joann Street, Officer Roberts observed a male walking with a clear trash bag with that contained several plastic bottles. While in front of the residence at 628 Joann Street, Officer Roberts observed the male open the lid of a CMSD trash cart and began to rummage through the interior. Officer Roberts approached the male and made contact with him. During the course of the contact, Officer Roberts advised the male that scavenging is a prohibited activity and directed him to return all recyclable materials to the CMSD cart. The male complied with the instructions and was later sent on his way. 587 Knowell Place- A subject was observed at the aforementioned location rummaging through a CMSD trash cart. Officer Roberts contacted the subject and determined that he was in fact scavenging. The subject was cooperative and advised regarding policy. Once the recyclable items had been returned to a nearby CMSD cart, he was sent on his way with an advisement. 2104 Wallace Avenue- While on patrol in the 2100 block of Wallace Avenue, Officer Roberts observed a male subject, rummaging through a CMSD trash cart located in front of 2104 Wallace Avenue. Officer Roberts made contact with the subject to investigate scavenging activity. During the course of the contact, the subject admitted that he regularly obtains recyclable material from CMSD carts and recycles items in order to support himself. Officer Roberts explained to the subject that scavenging is prohibited activity and was sent on his way. END OF SCAVENGING ENFORCEMENT REPORT Trash Container Enforcement: In the month of May 2015, there were a few customer complaints reported to the District Headquarters regarding trash carts in public view. The following is a list of locations where trash cart violations were found and addressed by the Courtesy Notice process. Board of Directors May 2015 Total Cases: 41 The following locations received warnings: (1) American Avenue - Storage of carts in public view. (2) College Avenue-Storage of carts in public view (1) Congress Avenue- Storage of carts in public view. (2) Fullerton Avenue- Storage of carts in public view. (1) Governor Street- Storage of carts in public view. (3) Joann Street - Storage of carts in public view. (1) Jefferson Avenue - Storage of carts in public view. (2) Maple Street - Storage of carts in public view. (1) Monrovia Avenue-Storage of carts in public view (2) National Avenue - Storage of carts in public view. (3) Orange Avenue- Storage of carts in public view. (2) Pomona Avenue - Storage of carts in public view. (2) Republic Avenue - Storage of carts in public view. (2) Rutgers Drive- Storage of carts in public view. (1) Samar Drive- Storage of carts in public view. (3) Santa Ana Avenue - Storage of carts in public view. (2) Surf Street - Storage of carts in public view. (2) Senate Street - Storage of carts in public view. (2) Tustin Avenue-Storage of carts in public view. (3) Wallace Avenue - Storage of carts in public view. Board of Directors May 2015 (1) Westminster Avenue - Storage of carts in public view. (2) Victoria Street - Storage of carts in the public view. END OF TRASH CONTAINER ENFORCEMENT REPORT Costa Mesa Sanitary District Scavenging Report – May 2015 Locations: • 671 Governor St. • 379 Hamilton St. • 628 Joann St. • 587 Knowell Pl. • 2104 Wallace Ave. Costa Mesa Sanitary District ... an Independent Special District Trash Carts Stored in Alleys - Update Item Number: 3. Recommendation/Notes: Recommendation: That the Board of Directors receive and file the report. ATTACHMENTS: Description Type Trash Carts Stored in Alleys Cover Memo Protecting our community's health and the environment by providing solid waste and sewer collection services. www.cmsdca.gov Costa Mesa Sanitary District ….an Independent Special District Memorandum To: Board of Directors Via: Scott Carroll, General Manager From: Javier Ochiqui, Management Analyst Date: June 9, 2015 Subject: Trash Carts Stored in Alleys - Update Summary On December 10, 2013, staff provided the Board of Directors with an update of the pilot program regarding trash carts stored in alleys. The pilot program indicated that overall, 70 percent of the residents responded favorably; however, 30 percent continued to remain non-compliant. At that time, the Board of Directors had no more interest in going beyond the pilot program that was conducted in 2013. Staff Recommendation That the Board of Directors receive and file the report. Analysis The pilot program focused on 7 alleys with approximately 150 homes (including multi- family dwelling). Overall, 70 percent of the residents responded favorably but 30 percent did not comply with our courtesy notices (Attachment A). Staff informed the Board that a District-wide notice was also published in the CMSD newsletter illustrating proper placement of trash carts in the alleys. The Board was pleased with the pilot program results and stated that they had no more interest in going beyond the pilot program. The Board did not approve erecting permanent signs at the beginning and end of each alley. The Board clearly stated that they did not support spending more time and money and suggested partnering up with the City since it was also a fire-safety and Fire Department access issue (Attachment B). Board of Directors June 9, 2015 Page 2 of 2 Staff will print another story in the CMSD newsletter and staff will be working with City staff to have this issue mentioned in their Costa Mesa Minute Video, on their CMTV, and on their Fire Department’s website. The District’s current Code Enforcement Officer knows the City very well and is familiar with the 129 alleys in Costa Mesa. Per the Board’s direction, staff will continue to use the soft approach of educating the residents of the District’s requirements to keep trash carts out of public view and off the public right-of-way. Strategic Plan Element & Goal This item complies with the objective and strategy of Strategic Element 2.0, Solid Waste, which states: “Objective: Our objective is to manage the collection and recycling of residential trash in the most economical and environmentally friendly way.” “Strategy: We will do this by looking for ways to improve efficiencies, achieve high customer satisfaction, and considering prudent new recycling methods.” Legal Review Not applicable at this time. Environmental Review The requirement to place trash containers out of view to improve aesthetics and prevent scavenging is not a disturbance of the environment directly or indirectly similar to grading or construction and is not a project under CEQA or the District’s CEQA Guidelines. Financial Review None at this time; however, if the Board decides to expand the program, there may be additional costs associated. Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the May 12, 2015, Board of Directors Study Session meeting at District Headquarters and posted on the District’s website. Attachments: A – 12/10/13 Staff Report B – 12/10/13 Minutes of the Board of Directors Study Session Protecting our community's health and the environment by providing solid waste and sewer collection services. www.cmsdca.gov Costa Mesa Sanitary District ….an Independent Special District Memorandum To: Board of Directors Via: Scott Carroll, General Manager From: Javier Ochiqui, Management Analyst Date: December 10, 2013 Subject: Trash Cans in Alley (Update) Summary On August 20, 2012, the Board of Directors directed Costa Mesa Sanitary District (CMSD) staff to start enforcing trash cans that are left out in the alleys, especially left in the public right away. Staff is providing the Board of Directors with a program update. Staff Recommendation That the Board of Directors receive and file the report. Analysis There are approximately 129 alleys in the City of Costa Mesa and about 2,150 homes with alleys. So far, CMSD’s part-time Ordinance Enforcement Officer has inspected 7 alleys which is approximately 150 homes (including multi-dwellings). Overall, 70 percent of the residents have responded favorably, however, 30 percent have gone back to their old habits of leaving residential trash cans out in the alleys and in public right away. Below is a graph illustrating the effectiveness of the program: Attachment A Board of Directors December 10, 2013 Page 2 of 3 CMSD’s Enforcement Officer will continue to monitor the alleys. However, at the current pace, it will take a very long time to enforce all 129 alleys. Also, without constant enforcement on the previous alleys, staff believes that most of the residents will eventually go back to their old ways and leave residential trash cans on the alleys and on the public right away. Strategic Plan Element & Goal This item complies the with objective and strategy of Strategic Element 2.0, Solid Waste, which states: “Objective: Our objective is to manage the collection and recycling of residential trash in the most economical and environmentally friendly way.” “Strategy: We will do this by looking for ways to improve efficiencies, achieve high customer satisfaction, and considering prudent new recycling methods.” Legal Review Not applicable at this time. Environmental Review The requirement to place trash containers out of view to improve aesthetics and prevent scavenging is not a disturbance of the environment directly or indirectly similar to grading or construction and is not a project under CEQA or the District’s CEQA Guidelines. Attachment A Board of Directors December 10, 2013 Page 3 of 3 Financial Review None at this time; however, if the Boards decides to expand the program, there may be additional costs associated. However, the exact cost is unknown at this time. Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the December 10, 2013 Board of Directors Study Session meeting at District Headquarters and posted on the District’s website. Attachment A Attachment B Attachment B Costa Mesa Sanitary District ... an Independent Special District Fats, Oil and Grease (FOG) Program Item Number: 4. Recommendation/Notes: Recommendation: That the Board of Directors receive and file the report from Environmental Engineering & Contracting, Inc. (EEC). ATTACHMENTS: Description Type FOG Enforcement Cover Memo CM S D F O G P r o g r a m Ac t i v i t i e s a n d Re c o m m e n d a t i o n s By E E C E n v i r o n m e n t a l 6/ 9 / 2 0 1 5 CM S D B o a r d M e e t i n g 1 FO G P r o g r a m A c t i v i t i e s • Ri s k - B a s e d F S E I n s p e c t i o n / P r i o r i t i z a t i o n • FO G C o n t r o l P r o g r a m E d u c a t i o n a n d Ou t r e a c h • FS E E n f o r c e m e n t C o o r d i n a t i o n • FS E D a t a M a n a g e m e n t • Pl a n R e v i e w / C u s t o m e r S e r v i c e S u p p o r t • FO G S o u r c e C h a r a c t e r i z a t i o n / H o t s p o t Re d u c t i o n 6/ 9 / 2 0 1 5 CM S D B o a r d M e e t i n g 2 FS E I n v e n t o r y M a n a g e m e n t 6/ 9 / 2 0 1 5 CM S D B o a r d M e e t i n g 3 • Co u n t y H e a l t h C a r e A g e n c y R e v i e w • Ci t y C o o r d i n a t i o n • Pl a n R e v i e w • Si n c e J a n u a r y 2 0 1 4 Ne w F S E s = 4 1 LF P F S E s = 1 1 Pr i o r i t i z e d f o r I n s p e c t i o n = 3 0 In i t i a l I n s p e c t i o n F r e q u e n c y Cr i t e r i a 6/ 9 / 2 0 1 5 CM S D B o a r d M e e t i n g 4 • Pr e s e n c e o f H i g h R i s k Co o k i n g E q u i p m e n t • Ho t s p o t S t a t u s • Gr e a s e I n t e r c e p t o r St a t u s • BM P R e q u i r e m e n t s In s p e c t i o n F r e q u e n c y St a t s 6/ 9 / 2 0 1 5 CM S D B o a r d M e e t i n g 5 • To t a l F S E s = 5 0 6 Qu a r t e r l y = 5 1 Se m i - A n n u a l = 7 4 An n u a l = 1 3 6 Bi - A n n u a l = 2 4 5 In s p e c t i o n F r e q u e n c i e s Mo d i f i c a t i o n s 6/ 9 / 2 0 1 5 CM S D B o a r d M e e t i n g 6 • In s p e c t i o n C o m p l i a n c e H i s t o r y • Ma i n t e n a n c e / C C T V O b s e r v a t i o n s • HC A I n s p e c t i o n C o m p l i a n c e Hi s t o r y • In s p e c t i o n F i e l d O b s e r v a t i o n s Il l i c i t A c t i v i t i e s Pr i v a t e S S O s Re s t r i c t e d E f f l u e n t In s p e c t i o n F r e q u e n c i e s Mo d i f i c a t i o n s 6/ 9 / 2 0 1 5 CM S D B o a r d M e e t i n g 7 • Ma j o r C h i c k e n C h a i n  Or i g i n a l l y A n n u a l I n s p e c t i o n F r e q u e n c y  Co n s i s t e n t N o n - c o m p l i a n c e ( F O G > 5 0 % )  In c r e a s e d I n s p e c t i o n F r e q u e n c y t o Qu a r t e r l y  Co n s i s t e n t C o m p l i a n c e • Po p u l a r B r e a k f a s t F S E  Or i g i n a l l y Q u a r t e r l y I n s p e c t i o n F r e q u e n c y  In i t i a l N o n - C o m p l i a n c e ( F O G > 2 5 % )  Co n s i s t e n t C o m p l i a n c e a n d D e c r e a s e i n Ho t S p o t C l e a n i n g F r e q u e n c y  Ad j u s t e d I n s p e c t i o n F r e q u e n c y t o S e m i - An n u a l HO T S p o t R e d u c t i o n 6/ 9 / 2 0 1 5 CM S D B o a r d M e e t i n g 8 • 97 H o t S p o t L o c a t i o n s i n 2 0 1 1 Ro o t I n t r u s i o n St r u c t u r a l D e f i c i e n c i e s FO G D i s c h a r g e • 36 C u r r e n t l y Co n t i n u e d R e h a b i l i t a t i o n Cl e a n i n g O b s e r v a t i o n s So u r c e C o n t r o l ( S h o p p i n g C e n t e r s ) • Ne w p o r t B l v d .  Pr i v a t e p u m p s t a t i o n  No t c l e a n i n g r e g u l a r l y  Mo v e d c l e a n i n g f r e q u e n c y t o qu a r t e r l y • Pa u l a r i n o A v e . a n d T r i n i t y D r .  Co n d u c t i n g R e m o d e l  In s t a l l i n g m u l t i p l e g r a v i t y g r e a s e i n t e r c e p t o r s  In s t a l l i n g n e w p r i v a t e l a t e r a l c o n n e c t i o n • Br i s t o l S t . a n d R e d H i l l A v e .  Mu l t i p l e F S E s W i t h o u t G C D  Wo r k i n g w i t h p r o p e r t y o w n e r t o c o n t r o l F O G  En c o u r a g i n g t h e i n s t a l l a t i o n o f G C D s FO G D i s c h a r g e M i t i g a t i o n 6/ 9 / 2 0 1 5 CM S D B o a r d M e e t i n g 9 Ke y P r o g r a m T r e n d 6/ 9 / 2 0 1 5 CM S D B o a r d M e e t i n g 1 0 012345678910 06 / 0 7 0 7 / 0 8 0 8 / 0 9 0 9 / 1 0 1 0 / 1 1 1 1 / 1 2 1 2 / 1 3 1 3 / 1 4 1 4 / 1 5 N u m b e r o f P u b l i c S S O s Total Public SSOs FOG Related Public SSOs FO G P r o g r a m Re c o m m e n d a t i o n s • Co n t i n u e R i s k - B a s e d A n a l y s i s f o r F S E I n s p e c t i o n Pr i o r i t i z a t i o n • Ho t s p o t R e d u c t i o n / S o u r c e I n v e s t i g a t i o n  Wo r k w i t h p r o p e r t y m a n a g e r s t o c o n t r o l F O G d i s c h a r g e • FS E I n s p e c t i o n s / E n f o r c e m e n t , F o c u s i n g o n :  Ch r o n i c n o n - c o m p l i a n c e i s s u e s  Ex c e s s i v e F O G d i s c h a r g e 6/ 9 / 2 0 1 5 CM S D B o a r d M e e t i n g 1 1 Qu e s t i o n s ? 6/ 9 / 2 0 1 5 CM S D B o a r d M e e t i n g 1 2 • Jo s e p h J e n k i n s  EE C E n v i r o n m e n t a l  jj e n k i n s @ e e c e n v i r o n m e n t a l . c o m  71 4 - 6 6 7 - 2 3 0 0 Costa Mesa Sanitary District ... an Independent Special District Legislative Analysis Item Number: 5. Recommendation/Notes: Recommendation: That the Board of Directors receive and file the report. ATTACHMENTS: Description Type Legislative Analysis Cover Memo Protecting our community's health and the environment by providing solid waste and sewer collection services. www.cmsdca.gov Costa Mesa Sanitary District ….an Independent Special District California Legislative Analysis The Legislative Analysis provides the Board of Directors with analyses of measures pending in Sacramento that are of interest to the District. On July 22, 2010, the Board of Directors gave authority to the President to write support and/or opposition letters on behalf of the Board if that position has been taken by an agency the District is a member of. For all other bills, staff recommendations for formal District positions on legislation will be agendized and presented for Board action at their regular Board of Directors meetings. When the Board takes formal action on a piece of legislation, the President will advocate the support or opposition of individual bills as approved by the Board. This Legislative Analysis also provides the Board of Directors with informative updates on State issues. RECOMMENDED ACTIONS 1. SUPPORT: AB 199 (Eggman) AB 888 (Bloom) 2. OPPOSE: AB 45 (Mullin) AB 676 (Calderon) 3. WATCH: AB 1017 (Campos) AB 1063 (Williams) AB 1447 (Alejo) SB 272 (Hertzberg) Legislative Analysis June 09, 2015 Page 2 of 6 SACRAMENTO LEGISLATIVE REPORT CMSD SUPPORT BILLS AB 199 (Eggman) Sales Tax Exemption–As Introduced on January 29, 2015–SUPPORT Author: Assembly Member Eggman Status: 03/23/2015-passed by Com. of Natural Resources Hearing Date: 05/11/2015 Reviewed: ASSEMBLY OF REVENUE AND TAX Supported By: Californians Against Waste Assoc. of Postconsumer Plastic Recyclers Assoc. of Compost Producers CA Resource Recovery Association CA State Treasurer John Chiang California Compost Coalition California Electronic Asset Recovery California League of Conservation Voters California Manufacturers & Technology Association California Refuse Recycling Coalition California Resource Recovery Association Solid Waste Association of North America Watched By: CSDA Analysis: This bill provides a full sales tax exemption on purchases of equipment used in recycling, composting or manufacturing with recycled content. This bill will add recycled content manufacturing and processing to the Advanced Transportation and Alternative Sources Manufacturing Sales and Use Tax Exclusion Program. It also provides an important incentive to recycle more materials and reintroduce more recyclable materials into California’s manufacturing economy. AB 888 (Bloom) Waste Management: Plastic Microbeads–As Introduced on February 3, 2014 – SUPPORT Author: Assembly Member Bloom Status: 05/22/15- In Senate. Read first time. To Com. on RLS. for assignment. Hearing Date: TBD Reviewed: ASSEMBLY COMMITTEE ON APPROPRIATIONS Supported By: Californians Against Waste CASA Opposed By: Watched By: CSDA Analysis: This bill would assist in the reduction of microplastic bead pollution in our oceans. It would also reduce the environmental and health hazards associated with microplastic beads. This bill will reduce the problem at the source by prohibiting all plastic microbeads in personal care and cleaning products and favor nature-made alternative ingredients, such as apricot shells, jojoba beans, sea salt, and sand that are already widely available in natural products. AB 888 is widely regarded amongst stakeholders as the model policy that will not only result in a cleaner environment, but also reduce a health hazard to humans and our marine and aquatic wildlife. Legislative Analysis June 09, 2015 Page 3 of 6 CMSD OPPOSE BILLS AB 45 (Mullin) Household Hazardous Waste-As Introduced on April 21, 2015 – OPPOSE Author: Assembly Member Mullin Status: 06/01/15-suspense file. Hearing Date: None Reviewed: ASSEMBLY COMMITTEE ON APPROPRIATIONS Supported By: Opposed By: League of California Cities Rural County Representatives of California Solid Waste Association of North America OC Board of Supervisors OC Waste and Recycling Watched By: CSDA Analysis: The California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, requires, among other things, each city and each county to prepare a household hazardous waste element containing specified components, and to submit that element to the department for approval. Existing law requires the department to approve the element if the local agency demonstrates that it will comply with specified requirements. A city or county is required to submit an annual report to the department summarizing its progress in reducing solid waste, including an update of the jurisdiction’s household hazardous waste element. This bill would require each jurisdiction that provides for the residential collection and disposal of solid waste to increase the collection and diversion of household hazardous waste in its service area, on or before July 1, 2020, by 15% over a baseline amount, to be determined in accordance with department regulations. The bill would authorize the department to adopt a model ordinance for a comprehensive program for the collection of household hazardous waste to facilitate compliance with those provisions, and would require each jurisdiction to annually report to the department on progress achieved in complying with those provisions. By imposing new duties on local agencies, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. AB 676 (Calderon) Employment Discrimination– As Introduced on February 25, 2015 – Oppose Author: Assembly Member Calderon Status: 8/26/2013 – In committee: Set, first hearing. Hearing canceled at the request of the author. Hearing Date: Pending Referral Reviewed: ASSEMBLY COMMITTEE ON NATURAL RESOURCES Supported By: Opposed By: Association of California Community College Administrators Watched By: CASA, CSDA, CSAC Legislative Analysis June 09, 2015 Page 4 of 6 Analysis: This bill would prohibit an employer or employment agency from asking an applicant for employment to disclose, orally or in writing, information concerning the applicant's current employment status, except as specified. The bill would prohibit an employer, an employment agency, or a person operating an Internet Web site for posting jobs from interfering with, or discriminating against, a person exercising these rights. The District uses employment history to determine and confirm training and experience. CMSD WATCH BILLS AB 1017 (Campos) Employers: Gender Pay Equity– As Introduced on February 26, 2015 – WATCH Author: Assembly Member Campos Status: 05/21/15- In Senate. Read first time. To Com. on RLS. for assignment. Hearing Date: None Reviewed: ASSEMBLY COMMITTEE ON FLOOR ANALYSIS Supported By: California Women’s Law Center Opposed By: Watched By: CASA, CSDA Analysis: Existing law generally prohibits an employer from paying an employee at wage rates less than the rates paid to employees of the opposite sex in the same establishment. Existing law further imposes penalties on an employer who violates this provision, subjecting the employer to civil action and specifying liquidated damages that may be paid to an employee who is paid unfairly. This bill would state the intent of the Legislature that would require pay equity for women in the workplace. AB 1063 (Williams) Solid Waste: As Introduced on February 25, 2015 – WATCH Author: Assembly Member Williams Status: 06/01/15- In committee: Hearing postponed by committee. Hearing Date: None Reviewed: ASSEMBLY COMMITTEE ON NATURAL RESOURCES Supported By: Opposed By: Californians Against Waste Recycle Smart Watched By: CASA, CSDA, SWANA Analysis: Existing law requires the operator of a disposal facility to pay to the State Board of Equalization a fee based on the amount of all solid waste disposed of at each disposal site. The act requires the Department of Resources Recycling and Recovery to establish the amount of the fee, as specified, and limits the fee to a maximum of $1.40 per ton. This bill would require, on or before July 1, 2016, the Department of Resources Recycling and Recovery, to hold a public hearing and workshop to develop a proposal for the Legislature regarding a new solid waste management fee which would provide the department with the revenue necessary to carry out certain actions. The bill would require the department, within 6 months of the public hearing and workshop, to propose a new solid waste management fee to the Legislature. AB 1447 (Alejo) Minimum Recycled Content Standard– As Introduced on February 27, 2015 – WATCH Legislative Analysis June 09, 2015 Page 5 of 6 Author: Assembly Member Melendez Status: 05/28/15 -In committee: Held under submission. Hearing Date: None Reviewed: ASSEMBLY COMMITTEE ON APPROPRIATIONS Supported By: Assoc. of Postconsumer Plastic Recyclers Boretech Californians Against Waste California Plastics Recyclers Coalition California Refuse Recycling Coalition CarbonLITE Don’t Waste LA Project EcoPET Global Plastics Los Angeles Alliance for a New Economy Marin Sanitary Service Napa Recycling and Waste Services Peninsula Packaging, LLC Peninsula Plastics Recycling Potential Industries RePET Replanet Stopwaste Tri-CED Community Recycling Verdeco Waste Management Zanker Road Resource Management Natural Resources Defense Council Opposed By: Watched By: CSDA Analysis: This bill establishes minimum recycled content standards for polyethylene terephthalate (PET) food and beverage packaging manufactured or filled in the state. Existing law requires all rigid plastic bottles and rigid plastic containers, including bottles and containers composed of polyethylene terephthalate (PET), sold in California to be labeled with a code which indicates the resin used to produce the rigid plastic bottle or rigid plastic container. This bill would require, commencing July 1, 2016, PET plastic packaging manufactured in the state to be manufactured with, and empty PET plastic packaging imported into the state to be filled with food or drink in the state for sale in the state to contain, a minimum of 10% of PET plastic, as measured by weight. The bill would require, commencing January 1, 2017, and annually thereafter, every such manufacturer or importer of PET plastic packaging to demonstrate compliance with that requirement by certifying to the Department of Resources Recycling and Recovery certain information. The bill would provide that a person who violates these provisions is guilty of an infraction and may be assessed civil penalties. SB 272 (Hertzberg) Public Records Act–As Introduced on February 19, 2015– SUPPORT Author: Senator Hertzberg Status: 04/21/15-Re-referred to Com. on RLS. Hearing Date: None Reviewed: ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT Supported By: American Federation of State, County, and Municipal Employees AFL-CIO Legislative Analysis June 09, 2015 Page 6 of 6 California Business Roundtable California Professional Firefighters San Francisco Technology Democrats Sunlight Foundation Opposed By: Unknown Watched By: CSDA Analysis: The California Public Records Act requires state and local agencies to make public records available for inspection by the public, with specified exceptions. This bill would require each local agency to create a catalog of enterprise systems, as defined, post that catalog on the local agency's website, and make the catalog publicly available upon request in the office of the clerk of the agency's legislative body. Costa Mesa Sanitary District ... an Independent Special District Consider Expanding Door-to-Door Household Hazardous Waste (HHW) Collections to all CMSD Residents Item Number: 6. Recommendation/Notes: Recommendation: That the Board of Directors direct staff to maintain the status quo and continue to partner with OC Waste & Recycling and Orange Coast College (OCC) to provide 1-day collection events every other year. ATTACHMENTS: Description Type Consider Expanding Door-to-Door HHW Program Cover Memo Protecting our community's health and the environment by providing solid waste and sewer collection services. www.cmsdca.gov Costa Mesa Sanitary District ….an Independent Special District Memorandum To: Board of Directors Via: Scott Carroll, General Manager From: Javier Ochiqui, Management Analyst Date: June 9, 2015 Subject: Consider Expanding Door-to-Door Household Hazardous Waste (HHW) Collections to all CMSD Residents Summary The Costa Mesa Sanitary District (CMSD) currently offers a free Door-to-Door Household Hazardous Waste (HHW) collection program to CMSD residents who may not otherwise have the ability to recycle or dispose of their hazardous materials at the County’s four HHW permanent facilities. The program allows senior citizens, immobile and/or disabled individuals to dispose of their HHW materials without leaving their homes. All other CMSD residents are encouraged to use one of the County’s free HHW collection centers. Staff is providing options should the Board of Directors consider expanding the program to all CMSD residents. Staff Recommendation That the Board of Directors direct staff to maintain the status quo and continue to partner with OC Waste & Recycling and Orange Coast College (OCC) to provide 1-day collection events every other year. Analysis Products that contain corrosive, toxic, ignitable, or reactive chemicals are considered to be HHW. Products such as paints, cleaners, oils, batteries, and pesticides that contain potentially hazardous ingredients require special care when you dispose of them. Improper disposal of HHW can include pouring the product down the drain, on the ground, into storm sewers, or in some cases putting them out with the trash. The dangers of such disposal methods can pollute the environment and pose a threat to human health. Board of Directors June 9, 2015 Page 2 of 5 Orange County residents can dispose of their HHW items for free at any of the County’s four HHW collection centers. The following cities offer Door-to-Door HHW collection services to all of their residents: City Hauler Cost Per Household Aliso Viejo (paint only) CR&R Environmental Services Fixed Fee* Dana Point CR&R Environmental Services $0.31 per month* San Clemente CR&R Environmental Services $0.31 per month* Tustin CR&R Environmental Services $0.31 per month* *For safety and regulatory purposes, a maximum of 15 gallons or 125 pounds may be transported per pick-up. It is illegal to exceed these limits. CR&R Environmental Services charges $0.31 per household, per month and allows for two Door-to-Door HHW collection pick-ups per household, per year. CMSD has approximately 21,816 households and implementation of the program would cost approximately $81,155.52 per year. Staff does not recommend this option. Staff reviewed the OC Waste and Recycling’s HHW collection center usage reports for Costa Mesa for Fiscal Years 11/12, 12/13, and 13/14, and approximately 2,530 vehicles/households from Costa Mesa participated annually, generating an average of 141,680 pounds of HHW per year. In comparison, the 1-day HHW event that CMSD organizes every other year attracts an average of 308 vehicles per year and generates an average of 28,000 pounds of HHW material per event and costs approximately $20,000 per event. Staff also reviewed the cost per resident, per year, that is associated with each program. Below are the results: Program Calculation Cost Per Resident/Year CMSD’s Door-to-Door $23,000/21,816 households $1.05 Permanent HHW Facilities N/A Free 1-Day Event $20,000/21,816 households $0.92* CR&R’s Services $0.31 X 12 months $3.72 *every other year In order to legally collect 141,680 pounds of HHW materials, the District would need to budget for 944 pick-ups, at $98.00 per pick-up, which equates to about $92,500 per year. Since about 2,530 Costa Mesa residents per year utilize the County’s free HHW collection centers, staff does not recommend expanding the program to all CMSD residents at this time since it would cost the District over $247,000 per year (2,530 households X $98 = $247,940). Therefore, staff recommends maintain the status quo and continue to partner with OC Waste & Recycling and Orange Coast College (OCC) to offer 1-day collection events every other year. CMSD will continue to budget $35,000 per year and only offer these services to senior citizens, immobile, and/or disabled individuals. $35,000 per year Board of Directors June 9, 2015 Page 3 of 5 equates to approximately 357 pick-ups per year or 29 pick-ups per month at $98.00 per pick-up. CMSD will continue to partner with OC Waste & Recycling and Orange Coast College (OCC) to offer 1-day collection events every other year. Alternative options are as follows: Option 2: Enter into an Agreement with CR&R and pay $0.31 per month per household to allow all CMSD residents to participate twice per year. Consideration of this option will cost the District an additional $46,200 per year. This calculation is based on the following: $0.31 per household X 21,816 households = $6,762.96 per month. $6,762.96 per month X 12 months = $81,155.52 per year. $81,155.52 per year - $35,000 (current budget) = $46, 155.52 (additional funds). Option 3: Amend the current Agreement with CR&R and cap the program at a certain dollar amount (similar to the Sewer Lateral Assistance Program) and continue to pay $98.00 per pick-up. Consideration of this option will require the Board of Directors to determine a dollar amount for the program to be capped at and managed as a first come, first served program. However, CR&R does not guarantee that they will be able to track the usage to stay within budget and recommend that CMSD implement internal administrative policies and procedures to oversee the program to ensure that it stays within budget. Strategic Plan Element & Goal This item complies with the objective and strategy of Strategic Element 2.0, Solid Waste, which states: “Objective: Our objective is to manage the collection and recycling of residential trash in the most economical and environmentally friendly way.” “Strategy: We will do this by looking for ways to improve efficiencies, achieve high customer satisfaction, and considering prudent new recycling methods.” Legal Review Not applicable at this time. Environmental Review Expanding the District’s program of collecting HHW at individual residences has no adverse impact to the environment from the standpoint of the collection. Residents are currently required to drive the HHW to a county drop-off point, however, under the expanded program the District will arrange to have a vehicle do the collecting at the residence. The difference in total miles driven by residents will not be much different than by the total miles driven by the collection truck. In fact, by efficiently consolidating all the household collections by the collection truck, the miles driven could even be lower than if driven separately by each resident. Additionally, the Board of Directors June 9, 2015 Page 4 of 5 collection keeps the HHW out of the solid waste stream, which prevents pollution of the environment. Board of Directors June 9, 2015 Page 5 of 5 Financial Review The FY 2015-2016 budget includes $40,000 for the existing Door-to-Door HHW program. Expanding the door-to-door collection program to all CMSD residents would require an additional appropriation from Retained Earnings causing a further deficit budget in the Solid Waste Fund. If the Board were to increase rates to cover the additional cost then staff recommends waiting until after FY 2017-18 when the Wastewater rates increases will need to revisited. Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the June 9, 2015, Board of Directors Study Session meeting at District Headquarters and posted on the District’s website. Alternative Actions 1. Direct staff to report back with more information. Reviewed by: Wendy Hooper Davis Finance Manager Costa Mesa Sanitary District ... an Independent Special District Organics Ad Hoc Committee Update - Oral Report Item Number: 7. Recommendation/Notes: Recommendation: That the Board of Directors receive an oral report from Secretary Ooten. Costa Mesa Sanitary District ... an Independent Special District Project #101 Westside Pump Station Abandonment Design and Engineering Phase – Oral Report Item Number: 8. Recommendation/Notes: Recommendation: That the Board of Directors consider options for the design and engineering phase of Project #101 - Westside Pump Station Abandonment. ATTACHMENTS: Description Type Project #101 Cover Memo 5/25/15 ROBIN B. HAMERS & ASSOC., INC. CIVIL ENGINEERShPLANNERShSURVEYORS CMSD #101 WESTSIDE PUMPING STATION ABANDONMENT PROJECT ... since 1981 (PROPOSAL FOR ADMINSTRATIVE SERVICES) Project Project Total RBH Manager Engineer Hours Labor Fee 105$ 105$ 1.0 PROJECT MANAGEMENT 1.1 Project Kick-Off Meeting 3 3 6 630$ 1.2 Project Management / Cost Control / Schedule 12 40 52 5,460$ Project Management - Subtotal 15 43 58 6,090$ 2.0 SELECTION OF DESIGN CONSULTANT (6 MONTH DURATION) 2.1 Preparation of Request For Qualification (RFQ) and Send to Consultants 4 24 28 2,940$ 2.2 Evaluate Consultant Qualification Packages (Assume 10 Firms)20 20 40 4,200$ 2.3 Rate Consultants and Select Firms To Receive Request for Proposals (RFP)4 8 12 1,260$ 2.4 Preparation of Request For Proposal (RFP) and Send to Consultants 4 24 28 2,940$ 2.5 Evaluate Consultant Proposal Packages (Assume 5 Firms)15 15 30 3,150$ 2.6 Rate Consultants and Award Design Consultant Contract 4 8 12 1,260$ Selection of Design Consultant - Subtotal 51 99 150 15,750$ 3.0 MANAGEMENT OF DESIGN CONSULTANT (18 MONTH DURATION) 3.1 Review / Comment on Contract Documents & Construction Specifications 90% Submittal 4 16 20 2,100$ 100% Submittal 4 12 16 1,680$ Final Submitttal 4 4 8 840$ 3.2 Review / Comment on Construction Plans 60% Submittal (29 sheets at 2 hours each)12 58 70 7,350$ 90% Submittal (29 sheets at 1 hour each)8 29 37 3,885$ 100% Submittal (29 sheets at 0.5 hour each)4 15 19 1,943$ Final Submitttal (29 sheets at 0.25 hours each)4 7 11 1,181$ 3.3 Review / Comment on Traffic Contol Plans 8 16 24 2,520$ 3.4 Review / Comment on Potholing Work (Exhibits, Permits, Detail)4 12 16 1,680$ 3.5 Review / Comment on Design Survey (Aerial, Pickup Topo)2 12 14 1,470$ 3.6 Review / Comment on Geotechnical Investigation, Recommendations, and Report 4 16 20 2,100$ 3.7 Review / Comment on Electrical Design & Coordination For LS Decommisioning 6 20 26 2,730$ 3.8 Review / Comment on Easement Preparation (Research, Record Basemaps, Legals)12 12 24 2,520$ 3.9 Assistance with EIR / Permitting Coordination 4 4 8 840$ 3.10 Meetings; Permitting, Landscape Restoration, etc., Misc.8 66 74 7,770$ Management of Design Consultant - Subtotal 88 299 387 40,609$ 154 441 595 16,170$ 46,279$ 62,449$ Scope of Work Overall Project Total Cost Overall Project Total Hours 5/25/15 CMSD #101 WESTSIDE PUMPING STATION ABANDONMENT PROJECT (PROPOSAL FOR ADMINSTRATIVE SERVICES) Direct Total Costs Cost 630$ 5,460$ -$ 6,090$ 500$ 3,440$ 4,200$ 1,260$ 500$ 3,440$ 3,150$ 1,260$ 1,000$ 16,750$ 150$ 2,250$ 150$ 1,830$ 150$ 990$ 250$ 7,600$ 250$ 4,135$ 250$ 2,193$ 250$ 1,431$ 2,520$ 1,680$ 1,470$ 2,100$ 2,730$ 2,520$ 840$ 7,770$ 1,450$ 42,059$ 2,450$ 64,899$ Costa Mesa Sanitary District ... an Independent Special District Future Study Session Items Item Number: 9. Recommendation/Notes: Recommendation: That the Board of Directors provide staff with direction on items to be placed on future study session agendas. Costa Mesa Sanitary District ... an Independent Special District ADJOURNMENT Item Number: Recommendation/Notes: THE NEXT STUDY SESSION OF THE COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS WILL BE HELD ON TUESDAY, JULY 14, 2015 AT 9:30 A.M. IN THE DISTRICTS BOARD ROOM, 628 W. 19TH STREET.