2018_03_13_study1
Protecting our community’s health and the environment by providing solid waste and wastewater collection services.
www.cmsdca.gov
Costa Mesa Sanitary District
…an Independent Special District
AGENDA Michael Scheafer
President James Ferryman Arlene Schafer Vice President Secretary Robert Ooten Arthur Perry Assistant Secretary 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 290 Paularino Avenue, 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).
BOARD OF DIRECTORS STUDY SESSION
Tuesday, March 13, 2018
9:30 A.M.
290 PAULARINO AVENUE,
COSTA MESA, CA 92626
A. OPENING ITEMS
1. Call to Order
2. 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.
B. PUBLIC COMMENTS
1. 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
Costa Mesa Sanitary District March 13, 2018
AGENDA Page 2
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.
C. ITEMS OF STUDY
1. Sewer System Management Plan (SSMP) Self Audit
Recommendation: That the Board of Directors receive the PowerPoint presentation from
EEC Environmental and direct staff to return on March 22, 2018 with the SSMP for
adoption.
2. February 2018 Code Enforcement Officer Report
Recommendation: That the Board of Directors receive and file this report.
3. Organics Tonnage Report
Recommendation: That the Board of Directors receive and file this report.
4. Solid Waste Diversion Report
Recommendation: That the Board of Directors receive and file this report.
5. CR&R Contract Negotiations - Update
Recommendation: That the Board of Directors receive and file this report.
6. Consider Applicants for the Citizens Advisory Committee
Recommendation: That the Board of Directors considers applicants for the Citizens
Advisory Committee.
7. Acceptance of the Orange County Regional Recycling & Waste Reduction Grant in the
Amount of $30,000
Recommendation: That the Board of Directors receive and file the report.
8. Contractor Violating District Operations Code §6.09.040 unlawful to dump unauthorized
materials into the District’s sewage system
Recommendation: That the Board of Directors:
1. Request Orange County District Attorney, Tony Rackauckas, to commence and prosecute
an appropriate action against Luna & Sons Concrete, Inc. for violating District Operations
Code §6.09.040 unlawful to dump unauthorized materials into the District’s sewage system;
and
2. Direct District Counsel to submit the District's investigative report to the District
Attorney.
D. CLOSING ITEMS
1. Oral Communications & Director Comments
2. Adjourn
THE NEXT STUDY SESSION OF THE COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS WILL BE HELD ON TUESDAY, APRIL 10 AT 9:30 A.M. IN THE DISTRICT'S
BOARD ROOM, 290 PAULARINO AVENUE, COSTA MESA.
Tuesday, March 13, 2018
Board of Directors Study Session
290 Paularino Avenue, Costa Mesa at 9:30AM
Public Comments: Any member of the public may address the Board. Speakers on agenda items
should identify themselves to the District 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 four 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 290 Paularino Avenue, Costa Mesa, California.
In Compliance with ADA: Contact District Clerk, Noelani Middenway, at (949) 645-8400, 48 hours
prior to meeting if assistance is needed (28 CFR 35.102.35.104 ADA Title II).
A. OPENING ITEMS
Subject 1. Call to Order
Meeting Mar 13, 2018 - Board of Directors Study Session
Access Public
Type Procedural
A. OPENING ITEMS
Subject 2. 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.)
Meeting Mar 13, 2018 - Board of Directors Study Session
Access Public
Type Procedural
B. 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.
Subject 1. Public Comments
Meeting Mar 13, 2018 - Board of Directors Study Session
Access Public
Type Procedural
C. ITEMS OF STUDY
To: Board of Directors
Via: Scott Carroll, General Manager
From: Nabila Guzman, Management Analyst I
Date: March 13, 2018
Subject: Sewer System Management Plan (SSMP) Self Audit
Summary
Per the Statewide General Waste Discharge Requirements (GWDR) for Sanitary Sewer Systems (State Water Resources Control Board
No. 2006-003-DWQ), the District developed and implemented a comprehensive Sewer System Management Plan (SSMP), with the
primary objective of reducing and preventing Sanitary Sewer Overflows (SSO’s). A key requirement of the SSMP is that every two years
routine internal audits be performed to evaluate the effectiveness of the SSMP as well as the District’s compliance with the SSMP
elements. EEC Environmental has completed the 2018 audit and is ready to present their findings to the Board.
Recommendation
That the Board of Directors receive the PowerPoint presentation from EEC Environmental and direct staff to return on March 22, 2018
with the SSMP for adoption.
Analysis
The last self-audit was performed in October 2015 and the findings were presented to the Board on November 10, 2015. In November
2017, staff solicited proposals for conducting an internal audit of the District’s SSMP. The following firms responded to the Districts RFP:
1. Environmental Engineering Consulting Services (EEC)
2. Dexter Wilson Engineering, Inc.
3. Willdan Engineering
4. Causey Consulting
5. J&A Auditing
All the firms demonstrated experience in conducting SSMP audits for various other agencies. However, EEC Environmental provided the
quickest timeline to complete the audit. CMSD entered into an agreement with EEC Environmental to perform the 2018 self-audit of the
District’s SSMP.
In 2018, EEC Environmental identified only two minor nonconformance issues, which are described below:
1. Update the SSMP and supporting documents to reflect the District’s current organizational structure. This is due to recent staffing
additions and turnover within the District.
2. Create SSO Emergency Response Plans for the four remaining pump stations due to recent plans to not abandon pumping stations.
Overall, CMSD has developed a comprehensive SSMP in compliance with the State WDR. EEC anticipates that the District will be able to
address the identified nonconformances within the 2017-18 fiscal year. EEC Environmental staff will be giving a brief PowerPoint
presentation to the Board regarding their findings in the 2018 self-audit. Attached are the 2018 SSMP audit report and presentation.
Legal Review
Not Applicable.
Environmental Review
Subject 1. Sewer System Management Plan (SSMP) Self Audit
Meeting Mar 13, 2018 - Board of Directors Study Session
Access Public
Type Action
Recommended Action That the Board of Directors receive the PowerPoint presentation from EEC Environmental and
direct staff to return on March 22, 2018 with the SSMP for adoption.
Goals 1.0 Sewer Infrastructure
1.3 Reduce Hot Spot Locations to less than 30
Preparation of a self-audit of the District’s Sewer System Management Plan (SSMP) is an administrative matter, and administrative
matters are exempt under CEQA and the District’s CEQA Guidelines. The SSMP assists the District in providing comprehensive sewer
system management, including protection of the environment by eliminating sanitary sewer overflows.
Financial Review
The contract to perform the Sewer System Management Plan Internal Audit by EEC Environmental for $10,500 was included in the FY
2017-18 adopted budget.
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the March 13, 2018 Board of Directors Study
Session meeting at District Headquarters and posted on the District’s website.
Alternative Actions
Refer item back to staff with further instructions.
File Attachments
CMSD 2018 SSMP Audit Report.pdf (1,023 KB)
Board SSMP Audit Presentation 2018-03-13.pdf (314 KB)
C. ITEMS OF STUDY
To: Board of Directors
Via: Scott Carroll, General Manager
From: Edward Roberts, Code Enforcement Officer
Date: March 13, 2018
Subject: Code Enforcement Officer Report - February 2018
Summary
Attached is the monthly report from Officer Roberts describing his enforcement activities in the month of February regarding scavenging
of recyclable materials, trash carts stored in public view and graffiti on trash carts.
Recommendation
That the Board of Directors receive and file this report.
Analysis
In the month of February, Officer Roberts approached nine (9) individuals he observed scavenging from CMSD trash carts. In the same
month he issued 95 warning notices to residents storing their trash carts in public view. Officer Roberts found no graffiti on trash carts in
the month of February.
Officer Roberts enforcement activities are described in more detail in the attached report.
Legal Review
Not applicable.
Environmental Review
Code enforcement activities and reporting are not a disturbance of the environment similar to grading or construction and do not
constitute a project under CEQA or the District’s CEQA Guidelines.
Financial Review
Officer Roberts' activities are funded in the adopted budget.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the Marcy 13, 2018 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.
File Attachments
February 2018 CEO report.pdf (782 KB)
Subject 2. February 2018 Code Enforcement Officer Report
Meeting Mar 13, 2018 - Board of Directors Study Session
Access Public
Type Action, Receive and File
Recommended Action That the Board of Directors receive and file this report.
Goals 2.7 Continue code enforcement presence
2.00 Solid Waste
C. ITEMS OF STUDY
To: Board of Directors
Via: Scott Carroll, General Manager
From: Nabila Guzman, Management Analyst I
Date: March 13, 2018
Subject: Organics Tonnage Report
Summary
A total of 568.65 tons of organic waste were collected and recycled in February 2018.
Staff Recommendation
That the Board of Directors receive and file this report.
Analysis
Below is a graph depicting the total tonnage of organic waste collected during each month of FY 2015-16, FY 2016-17
and FY 2017-18.
Subject 3. Organics Tonnage Report
Meeting Mar 13, 2018 - Board of Directors Study Session
Access Public
Type Action
Preferred Date Mar 13, 2018
Absolute Date Mar 13, 2018
Recommended Action That the Board of Directors receive and file this report.
File Attachments
Organics 02-2018.png (17 KB)
tonnage 02-18.png (66 KB)
Legal Review
Not applicable.
Environmental Review
Consideration of the Organics Tonnage Report is an administrative matter and not a disturbance of the environment
similar to grading or construction and not a project under CEQA or the District’s CEQA Guidelines.
Financial Review
Not applicable.
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the March 13, 2018 Board of
Directors Study Session meeting at District Headquarters and posted on the District’s website.
C. ITEMS OF STUDY
To: Board of Directors
Via: Scott Carroll, General Manager
From: Nabila Guzman, Management Analyst I
Date: March 13, 2018
Subject: Solid Waste Diversion Report
Summary
A total of 1,723.52 tons of solid waste were collected and recycled in February 2018.
Staff Recommendation
That the Board of Directors receive and file this report.
Analysis
Using data from CR&R's Recycling Report and OCC's Recycling Center Recycling Report, staff has calculated the diversion rate for the
last eight months at 60.49%. A total of 29,153.71 tons of solid waste materials have been collected, of which 17,634.69 tons have been
diverted away from landfills. In addition to curbside collection from CR&R, CMSD offers a variety of other waste diversion programs
including large item pickup, where white goods are collected. The total tonnage of white goods for the month of January and February
was not available in time to include in this report. Additionally, OCC's diversion data was not available in time to include in this report.
However, these numbers will be included in the March report. Attachment A is the fiscal year 2017-18 diversion rate support.
Legal Review
Not applicable.
Environmental Review
Consideration of the Solid Waste Diversion Report is an administrative matter and not a disturbance of the environment similar to grading
or construction and not a project under CEQA or the District’s CEQA Guidelines.
Financial Review
Not applicable.
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the March 13, 2018 Board of
Directors Study Session meeting at District Headquarters and posted on the District’s website.
File Attachments
CRR-OCC Diversion.pdf (72 KB)
Subject 4. Solid Waste Diversion Report
Meeting Mar 13, 2018 - Board of Directors Study Session
Access Public
Type Action
Preferred Date Mar 13, 2018
Absolute Date Mar 13, 2018
Recommended Action That the Board of Directors receive and file this report.
C. ITEMS OF STUDY
To: Board of Directors
Via: Scott Carroll, General Manager
From: Nabila Guzman, Management Analyst I
Date: March 13, 2018
Subject: CR&R Contract Negotiations - Update
Summary
On February 22, 2017 the Board of Directors accepted CR&R's offer to negotiate a new contract for solid waste services that included the
elimination of the evergreen clause, to be substituted with a fixed term with renewal options along with new program parameters. Staff is
providing the Board with an update on negotiations that include points that were agreed and disagreed upon.
Recommendation
That the Board of Directors receive and file this report.
Analysis
Since 2006, CR&R Environmental Services has been providing curbside solid waste and recycling collection services to all Costa
Mesa residents and a small portion of Newport Beach residents (Santa Ana Heights). CMSD's contract with CR&R expired in 2016 and
now the term is on a year to year basis that includes a six-year evergreen clause, which means the contract will expire six years after
CR&R receives a cancelation notice from CMSD. For example, if CMSD sent a cancelation notice in 2018, the contract will expire in
2024. CR&R provides a "mixed waste stream" collection program where all refuse and recyclable materials are disposed of in automated
carts and then the recyclables are separated at CR&R's transfer station in the City of Stanton. In 2015, CR&R implemented a curbside
organics recycling program where green waste and food scraps are delivered to CR&R's anaerobic digestion facility in the City of Perris
where the material is converted into Renewable Natural Gas (RNG). In addition, CR&R has provided the following special programs:
Alkaline Battery Recycling Program
Christmas Tree Recycling
Excess Boxes & Household Furnishings
Large Item Pickups
Door-to-Door Household Hazardous Waste Collection for seniors and disabled residents
Lockable trash carts
Other programs CR&R is required to perform per the terms of the agreement, include:
Tours of CR&R's Recycling and Transfer Station.
A monetary contribution of $10,000 per year to assist CMSD with public education.
A cash donation of $500 per year to support local recycling efforts, such as the Alkaline Battery Recycling Program.
A monetary contribution of $10,000 to provide a Household Hazardous Waste (HHW) collection program.
Provide a static display of baled recyclables at the annual Community Run and provide $200 for prizes.
A monetary contribution of $5,000 to support anti-scavenging of recyclable materials.
Signage on CR&R's collection trucks that promote recycling programs.
Per direction of the Board, for the past ten months, staff and CR&R have been negotiating for a new contract to provide solid waste and
recycling collection services. The following deal points have been agreed upon by staff and CR&R:
1. A fixed term limit of ten years with two five year extension options. The evergreen clause is removed and now the Board of Directors
will have the option to solicit bids towards the end of the ten year term or the Board can extend the agreement for another five years.
Subject 5. CR&R Contract Negotiations - Update
Meeting Mar 13, 2018 - Board of Directors Study Session
Access Public
Type Action
Recommended Action That the Board of Directors receive and file this report.
Goals 2.00 Solid Waste
2.4 Develop Strategies for 75% Waste Diversion
2. District-wide door-to-door household hazardous waste (HHW) collection program. Each household will be allowed three pickups per
year with a maximum of 15 gallons or 125 pounds per pickup.
3. Free Mulch Event. Once a year CR&R will provide free mulch to residents in the Spring time.
4. CR&R will reimburse CMSD $30,000 the first year of the contract and $35,000 every year after, along with annual CPI increases, for
various programs including public education, anti-scavenging, hiring a consultant to evaluate CR&R's performance, and a donation for
the Alkaline Battery Recycling Program.
5. A comprehensive outreach program that will help CMSD achieve 75% diversion. CR&R's Sustainability Coordinator will dedicate
approximately 20 hours a week promoting solid waste diversion programs in CMSD. Attached is a description of the plan, one idea is to
recognize residents for doing a good job with their recycling efforts by having a photo of them in the newsletter and awarding them a gift
card.
6. Free Roll-out assistance to senior/ADA residents, a physicians note will be needed to set up this service. Residents will contact
CMSD to request roll-out service and then staff will email CR&R to request said service.
7. Valet Service. For those who are not seniors/ADA residents and cannot provide a physicians note, for $35 a month CR&R will roll-out
and service up to three carts on their trash days. The fee of $35 will go directly to CR&R.
8. CPI Increase. CR&R can request a two year CPI rate increase, but the request will have to go before the Board for approval. Some
cities have automatic CPI rate increases, but staff believes the District will lose control setting the rates if an automatic adjustment is
implemented. CR&R did agree to allow CMSD to review their financial books to determine their profit margin with CMSD.
The following deal points were not agreed upon by staff and CR&R.
1. GPS System on CMSD Computers. Staff requested access to CR&R's GPS System, a computerized system that tracks the location
of their fleet, be uploaded on CMSD computers so staff can track the fleet in CMSD. Having CR&R GPS on CMSD computers will greatly
improve customer service for both agencies. For instance, when residents want to learn when their carts will be emptied, staff can give
residents the location of the nearest CR&R truck and the approximate time of arrival. If a resident calls HQ to complain his/her cart was
not emptied, staff can inform the person if or when CR&R's truck was in the neighborhood. CR&R is not willing to share their GPS
system but they did agree to share with District staff video recordings if a resident complains his/her cart was not empty. The video
recording will demonstrate the truck was at the person's home, or not, emptying his/her cart. CR&R also suggested designating a CR&R
employee to the District that will answer requests for missed pickups immediately and get in touch with affected residents in hopes of
alleviating the number of calls the District receives.
CMSD has offered to pay for all costs associated with the GPS system including licenses, installation and maintenance fees but CR&R is
still unwilling to accept citing concerns about GPS data becoming a public record. District staff has consulted District Counsel whether
GPS tracking data constitutes a public record and if so, how long this record must be kept. It was advised that there is no retention
requirement for GPS records and staff would be able to delete GPS data every few days without violating the Public Records Act or any
privacy right of the resident.
Legal Review
Not applicable.
Environmental Review
Contract negotiations is an administrative matter and is not a disturbance of the environment similar to grading or construction and does
not constitute a project under CEQA or the District’s CEQA Guidelines.
Financial Review
The new contract will result in some enhanced services provided by CR&R such as a District wide door-to-door HHW collection program,
free mulch for residents and a strong commitment to public outreach, but without cutting costs and/or finding additional revenue sources
rates will most likely increase in the next two years. It will be the first rate increase in nearly fifteen years.
In Fiscal Year, 2016-17, CMSD spent approximately $5.2 million on CR&R's contract. The same amount is projected to be spent in FY
2017-18.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the March 13, 2018 Board of Directors Study
Session meeting at District Headquarters and on District website at www.cmsdca.gov
Alternative Actions
Refer item back to staff with further instructions.
File Attachments
Community Outreach Plan.pdf (45 KB)
C. ITEMS OF STUDY
To: Board of Directors
Via: Scott Carroll, General Manager
From: Gina Terraneo, Management Analyst II
Date: March 13, 2018
Subject: Consider Applicants for the Citizens Advisory Committee
Summary
On October 26, 2017, the Board of Directors approved the formation of a Citizens Advisory Committee (CAC) to give residents within the
District's service area an opportunity to become more involved in the community by advising the Board of Directors on key issues,
programs, and policies. As of March 14, 2018, the District has received four (4) applications for the CAC.
Recommendation
That the Board of Directors considers applicants for the Citizens Advisory Committee.
Analysis
The Citizens Advisory Committee (CAC) will provide recommendations to the Board of Directors on key issues, evaluate the
effectiveness of current programs and policies, and assist in formulating new programs and policies. It will consist of up to eleven
(11) District residents and a total of six (6) members will constitute a quorum. CAC meetings will be considered public meetings. They will
be video-recorded and placed on the District's website and Board Docs for public viewing. Additionally, the CAC will conduct its meetings
in accordance with Robert's Rules of Order and the Ralph M. Brown Act.
CAC members will be invited to attend the District's upcoming Citizens Environmental Protection Academy (CEPA) in order to become
more acquainted with the District's functions and its partner organizations. As academy attendees, they will have the opportunity to
embark on tours of the District's headquarters, the District's LEED Certified Yard Facility, CR&R's Materials Recovery Facility, Orange
Coast College Recycling Center, Orange County Sanitation District's (OCSD) treatment facilities, and Orange County Water District's
(OCWD) Groundwater Replenishment System (GWRS). Upon the committee's commencement, the CAC will elect members to serve as
Chair and Vice Chair, each for a two-year term. Once the CAC's Chair and Vice Chair are elected, the CAC will meet on an as-needed
basis. Discussion topics may include, but are not limited to, the following:
Voting districts (at large or by-district)
New and/or existing solid waste diversion programs
Wastewater operations, including pipeline cleaning and pump station maintenance
Strategic Plan goals
Policies and procedures
Finance
Community outreach
Solid waste and wastewater rates
At this time, the District has received four (4) applications for the CAC. These applications are attached to the staff report for the Board of
Directors to review. The Board of Directors will be asked to consider appointing these applicants to the CAC, along with any additional
applications received between now and the March 22, 2018 regular meeting.
Legal Review
District Counsel has reviewed this agenda item.
Environmental Review
Subject 6. Consider Applicants for the Citizens Advisory Committee
Meeting Mar 13, 2018 - Board of Directors Study Session
Access Public
Type Action, Receive and File
Recommended Action That the Board of Directors considers applicants for the Citizens Advisory Committee.
Goals 4.0 Community Outreach & Communications
3.00 Partnerships
Establishing a citizens advisory committee is not a disturbance of the environment similar to grading or construction and does not
constitute a project under CEQA or the District’s CEQA Guidelines.
Financial Review
There will be minor expenses for CAC members to attend tours of facilities, such as the District Yard, OCC Recycling Center, Orange
County Sanitation District, Orange County Water District, and CR&R's Materials Recovery Facility. There are sufficient funds budgeted for
these activities under the Public Info/Education/Promotion account in both the Solid Waste and Wastewater funds.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the March 13, 2018 Board of Directors Study
Session Meeting at District Headquarters and on District website at www.cmsdca.gov.
Alternative Actions
1. Direct staff to report back with more information.
2. Direct staff to bring back applications for appointment once a minimum of 6 applications are received.
File Attachments
CAC Applications.pdf (2,422 KB)
AR No. 60.00 - Citizens Advisory Committee.pdf (108 KB)
C. ITEMS OF STUDY
To: Board of Directors
Via: Scott Carroll, General Manager
From: Gina Terraneo, Management Analyst II
Date: March 13, 2018
Subject: Acceptance of the Orange County Regional Recycling & Waste Reduction Grant in the Amount of $30,000
Summary
On February 27, 2018, the Orange County Board of Supervisors approved the Fourth Cycle AB 939 Regional Recycling and Waste
Reduction Grant Funding Assistance Agreement between the County of Orange and the Costa Mesa Sanitary District to provide funds in
the amount of $30,000 between February 27, 2018 and February 26, 2023 for eligible projects that implement new or enhance existing
programs that promote and sustain recycling and waste reduction in Orange County.
Recommendation
That the Board of Directors receive and file the report.
Analysis
On April 27, 2017, the Board of Directors adopted Resolution No. 2017-896 to authorize the submittal of the application for Orange
County Waste & Recycling's Regional Recycling and Waste Reduction Grant. Eligible projects for this grant included the implementation
of a new program or the enhancement of an existing program to promote or sustain recycling and waste reduction throughout Orange
County. These programs could include (but were not limited to) commercial and residential recycling, organics recycling, composting
programs, and educational and outreach programs. The grant is structured to fund 100% of Year 1, 80% of Year 2, and 50% of Year 3 of
the programs, with a commitment from the applicant to fund 20% of Year 2, 50% of Year 3, and 100% of Years 4 and 5 of the
programs. District staff submitted an application requesting a total of $42,000 for the following projects:
$12,000 - Anti-Scavenging Program: to purchase additional lockable mixed waste trash carts, scavenger-deterrent stickers,
bilingual informational material, bilingual social media advertisements, and field equipment for the District's Code Enforcement
Officer.
$2,400 - Organics Recycling Program: to purchase bilingual door/trash cart hangers and bilingual social media advertisements.
$27,600 - Citizens Environmental Protection Academy: to implement a series of educational workshops and tours of local
recycling facilities called the Citizens Environmental Protection Academy.
On August 9, 2017, District staff was invited to present the grant proposal and interview with Orange County Waste & Recycling. On
October 6, 2017, the District was notified that its grant proposal was selected for funding and District staff was invited to meet with
Orange County Waste & Recycling to discuss the level of funding. On October 19, 2017, Orange County Waste & Recycling offered to
fund the District's project proposals for the Organics Recycling Program and the Citizens Environmental Protection Academy in the
amount of $30,000. The selection committee informed District staff that the proposed Anti-Scavenging Program enhancements were not
determined to be in line with the grant's intended purpose.
As shown in the attached agreement (on page 3), Orange County Waste & Recycling will provide funding according to the
following schedule:
Total Grant Award 2/27/18 -2/27/19 -2/27/20 -2/27/21 -2/27/22 -
Subject 7. Acceptance of the Orange County Regional Recycling & Waste Reduction Grant in
the Amount of $30,000
Meeting Mar 13, 2018 - Board of Directors Study Session
Access Public
Type Action, Receive and File
Recommended Action That the Board of Directors receive and file the report.
Goals 3.2 Strengthen our ties with local governments, Special districts and educational
institutions
2.6 Apply for waste diversion grants
2.3 Comprehensive Education Program
$30,000.00 2/26/19 2/26/20 2/26/21 2/26/22 2/26/23
County Funding $13,555.00
(100%)
$10,120.00
(80%)
$6,325.00
(50%)
$0.00
(0%)
$0.00
(0%)
Grantee (CMSD)
Funding
$0.00
(0%)
$2,530.00
(20%)
$6,325.00
(50%)
$12,650.00
(100%)
$12,650.00
(100%)
Additionally, the following goals and objectives were established for the proposed grant-funded program enhancements:
Goal: To increase participation in the Organics Recycling Program and achieve 75% landfill diversion by 2020.
Objective: To enhance the District's existing Organics Recycling Program by providing residents with bilingual outreach
and educational materials.
Goal: To create a Citizens Environmental Protection Academy as an outreach and learning opportunity for 20-30 community
members.
Objective 1: Host the Citizens Environmental Protection Academy at the District's Headquarters as a series of workshops,
informative speakers, and tours.
Objective 2: To provide academy attendees with educational tours of District facilities and local recycling facilities.
Objective 3: To promote and advertise the Citizens Environmental Protection Academy through local publications and
online resources.
Objective 4: To provide academy attendees with complimentary toolkits to support recycling habits.
Grantees are required to report on the progress of their grant on a quarterly and annual basis with reports detailing activities and results.
Now that the grant funding has been secured, the District plans to host the Citizens Environmental Protection Academy as follows:
Citizens Environmental Protection Academy Workshop
Saturday, April 28, 2018
9:00 a.m. - 11:00 a.m.
The workshop will feature a tour of the Orange Coast College (OCC) Recycling Center and speakers from District staff, CR&R
Environmental Services, and EEC Environmental. Free round-trip shuttle transportation will be provided for the OCC Recycling
Center tour.
Tour of CR&R's Materials Recovery Facility (MRF)
Thursday, May 3, 2018
Time: TBA
Free round-trip shuttle transportation will be provided from the Costa Mesa Sanitary District to the MRF.
Tour of Orange County Sanitation District (OCSD)
Friday, May 4, 2018
Time: 8:30 a.m. - 11:30 a.m.
Free round-trip shuttle transportation will be provided from the Costa Mesa Sanitary District to OCSD.
Tour of Costa Mesa Sanitary District's LEED Certified Yard Facility
Friday, May 4, 2018
Time: 11:30 a.m. - 12:30 p.m.
Free round-trip shuttle transportation will be provided from the Costa Mesa Sanitary District headquarters to the District's Yard.
Tour of Orange County Water District's (OCWD) Groundwater Replenishment System (GWRS)
Friday, May 4, 2018
Time: 12:30 p.m. - 3:30 p.m.
Free round-trip shuttle transportation will be provided from the Costa Mesa Sanitary District to OCWD.
Due to limited seating, the District is asking that all attendees RSVP for the event(s) that they wish to attend. Shuttle transportation will
allow for a total of up to 20 attendees per event. If the number of RSVPs exceeds the available space, a waitlist will be created and
additional tour dates may be added.
Additionally, District staff will utilize grant funding to develop bilingual door/trash cart hangers and social media advertisements to promote
the Organics Recycling Program.
Legal Review
The attached agreement between the District and the County of Orange was reviewed and signed by District Counsel on November 2,
2017.
Environmental Review
The acceptance of grant funding is an administrative matter and is not a disturbance of the environment similar to grading or construction
and does not constitute a project under CEQA or the District’s CEQA Guidelines.
Financial Review
The District is being awarded a total of $30,000 in grant funding from the County of Orange in order to develop and implement the
Citizens Environmental Protection Academy and expand bilingual outreach for the Organics Recycling Program from 2/27/18 to
2/26/23. In addition to the grant, the District budgeted $10,000 in the Solid Waste Public Info/Education/Promotions Fund and $10,000 in
the Wastewater Info/Education/Promotions Fund for the Citizens Environmental Protection Academy for FY 2017-18 and FY 2018-19.
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the March 13, 2018 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.
File Attachments
Grant Agreement.pdf (7,919 KB)
C. ITEMS OF STUDY
To: Board of Directors
From: Scott Carroll, General Manager
Date: March 13, 2018
Subject: Contractor Violating District Operations Code §6.09.040 unlawful to dump unauthorized materials into the District’s
sewage system
Summary
On Tuesday, February 27, 2018, staff received a phone call that a contractor was pouring concrete down a manhole and into the
sewage system at 1625 Sandalwood Street. The Costa Mesa Police Department and CMSD staff were dispatched to the scene where
they found evidence of dumping unauthorized materials into the sewage system.
Recommendation
That the Board of Directors:
1. Request Orange County District Attorney, Tony Rackauckas, to commence and prosecute an appropriate action against Luna & Sons
Concrete, Inc. for violating District Operations Code §6.09.040 unlawful to dump unauthorized materials into the District’s sewage system;
and
2. Direct District Counsel to submit the District's investigative report to the District Attorney.
Analysis
Disposing unauthorized materials into the sewage system is a harmful and potentially dangerous situation that can result in blockages or
sanitary sewer overflows. Illegal dumping can cause overflows of the sanitary sewer creating public health and environmental concerns.
On February 27, 2018, witnesses observed an employee from Luna & Sons Concrete, Inc. use a wheelbarrow to pour what looked like
concrete down a manhole in front of 1625 Sandalwood Street. Costa Mesa Police Department and CMSD were notified about the
incident and quickly arrived at the scene. After observing inside the manhole, both the police officer and CMSD staff believe the
employee from Luna & Sons Concrete poured concrete down the manhole and into the sewage system, which is a violation of
CMSD's Operations Code §6.09.040 unlawful to dump unauthorized materials into the District’s sewage system.
Attached is the complete investigative report prepared by staff.
Legal Review
District Counsel has reviewed the investigative report and is ready to submit said report the Orange County District Attorney upon the
Board of Directors decision to do so.
Subject 8. Contractor Violating District Operations Code §6.09.040 unlawful to dump
unauthorized materials into the District’s sewage system
Meeting Mar 13, 2018 - Board of Directors Study Session
Access Public
Type Action
Fiscal Impact Yes
Dollar Amount $1,882.21
Budgeted No
Budget Source Wastewater Fund
Recommended Action That the Board of Directors:
1. Request Orange County District Attorney, Tony Rackauckas, to commence and prosecute
an appropriate action against Luna & Sons Concrete, Inc. for violating District Operations
Code §6.09.040 unlawful to dump unauthorized materials into the District’s sewage system;
and
2. Direct District Counsel to submit the District's investigative report to the District Attorney.
Goals 1.0 Sewer Infrastructure
Environmental Review
Cleaning the concrete from the sewer system is maintenance, and maintenance is categorically exempt under Section
15301 of CEQA.
Financial Review
CMSD has incurred $1,882.21 in total costs related to this incident. An invoice for this amount was mailed to Luna & Sons Concrete, Inc.,
but payment has yet to be received.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the March 13, 2018 Board of Directors Study
Session meeting at District Headquarters and posted on the District’s website.
Alternative Actions
1. Do not request Orange County District Attorney, Tony Rackauckas, to commence and prosecute an appropriate action against Luna &
Sons Concrete, Inc. for violating District Operations Code §6.09.040 unlawful to dump unauthorized materials into the District’s sewage
system.
File Attachments
Full Incident Report.pdf (13,402 KB)
D. CLOSING ITEMS
Subject 1. Oral Communications and Director Comments
Meeting Mar 13, 2018 - Board of Directors Study Session
Access Public
Type Procedural
D. CLOSING ITEMS
THE NEXT STUDY SESSION OF THE COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS WILL BE HELD ON
TUESDAY, APRIL 10, 2018 AT 9:30 A.M. IN THE DISTRICT'S BOARD ROOM, 290 PAULARINO AVENUE, COSTA MESA.
Subject 2. Adjournment
Meeting Mar 13, 2018 - Board of Directors Study Session
Access Public
Type Procedural