2018_09_11_studyTuesday, September 11, 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
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 - 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.
1. Public Comments
C. ITEMS OF STUDY
1. August 2018 Code Enforcement Officer report
2. Organics Tonnage Report
3. Solid Waste Diversion Report
4. Consider Revisions to CMSD's Fats Oil Grease (FOG) Program
5. Goodwill Collection Event
6. 3rd Annual State of the District
7. Consider Contribution Program Application for Costa Mesa High School Foundation's Oktoberfest Annual Gala
D. Adjourn to Closed Session
1. Conference with Legal Counsel-Anticipated Litigation -- Significant exposure to litigation pursuant to Government
Code Section 54956.9(2)- (1 case). The “existing facts and circumstances” creating a significant exposure to litigation
are set forth in a letter from Attorney Kevin Shenkman dated March 26, 2018 and received March 29, 2018.
E. CLOSING ITEMS
1. Reconvene to Open Session & Report Out
2. Oral Communications and Director Comments
3. Adjournment
Tuesday, September 11, 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 Sep 11, 2018 - Board of Directors Study Session
Access Public
Type Procedural
A. OPENING ITEMS
Michael Scheafer - President
James Ferryman - Vice President
Arlene Schafer - Secretary
Robert Ooten - Assistant Secretary
Arthur Perry - Director
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 Sep 11, 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 Sep 11, 2018 - Board of Directors Study Session
Access Public
Type Procedural
C. ITEMS OF STUDY
To: Board of Directors
From: Ed Roberts, Code Enforcement Officer
Date: September 05, 2018
Subject: August 2018 Code Enforcement Officer Report
Summary
Attached is the monthly report from Officer Roberts describing his enforcement activities for the months of August 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 August, Officer Roberts approached seven (7) individuals he observed scavenging from CMSD trash carts. In the same
month he issued 119 warning notices to residents storing their trash carts in public view. Officer Roberts found no graffiti on trash carts in
the month of August.
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 September 11, 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
August 2018 CEO report.doc (2,340 KB)
Subject 1. August 2018 Code Enforcement Officer report
Meeting Sep 11, 2018 - Board of Directors Study Session
Access Public
Type Presentation
C. ITEMS OF STUDY
To: Board of Directors
Via: Scott Carroll, General Manager
From: Nabila Guzman, Management Analyst I
Date: September 11, 2018
Subject: Organics Tonnage Report
Summary
A total of 983.70 tons of organic waste were collected and recycled in August 2018.
Staff Recommendation
That the Board of Directors receives and file this report.
Analysis
Below is a graph depicting the total tonnage of organic waste collected during each month of the last three fiscal years.
Subject 2. Organics Tonnage Report
Meeting Sep 11, 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 2.5 Monitor advancements and technology in the solid waste industry
2.00 Solid Waste
File Attachments
Organic Tonnage.png (20 KB)
Tonnage.png (24 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 September 11, 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: September 11, 2018
Subject: Solid Waste Diversion Report
Summary
A total of 2,377.48 tons of solid waste were collected and recycled in August 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 two months at 62.75%. A total of 8,009.36 tons of solid waste materials have been
collected, of which 5,025.78 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 August was not available in time to include in this report. However,
these numbers will be included in the October report. Attachment A is the fiscal year 2018-19 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 September 11, 2018 Board
of Directors Study Session meeting at District Headquarters and posted on the District’s website.
Alternative Action
1. Direct staff to report back with more information
File Attachments
CRR-OCC Diversion.pdf (67 KB)
Subject 3. Solid Waste Diversion Report
Meeting Sep 11, 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 2.00 Solid Waste
C. ITEMS OF STUDY
To: Board of Directors
From: Scott Carroll, General Manager
Date: September 11, 2018
Subject: Consider Revisions to CMSD's Fats Oil Grease (FOG) Program
Summary
On June 12, 2018, the Board of Directors received a presentation about the District's FOG inspection program at the Camp, a retail and
food service campus located on Bristol Street. At the conclusion, the Board suggested the current FOG Program be discussed at a future
study session meeting and requested EEC Environmental, the contractor that oversees the District's FOG Program, provide a list of
recommendation about addressing restaurants that are not in compliant with the program.
Recommendation
That the Board of Directors direct staff to bring this item back to the September 26, 2018 Board of Directors meeting to consider
approving the recommended revisions to the FOG Program.
Analysis
Attached is a memorandum from EEC Environmental dated July 5, 2018. The memorandum has a list considerations that could enhance
the FOG Program. The 2004 FOG Program is also attached hereto. Joseph Jenkins, from EEC Environmental, will discuss each
consideration in further details at today's meeting and then staff and EEC will be seeking direction from the Board.
Legal Review
Not applicable
Environmental Review
The work by EEC on behalf of the District is inspecting food service establishments to determine compliance, and inspections are
categorically exempt under the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.) under
Section 15309 Inspectionsas a “Class 9” activity described as: Class 9 consists of activities limited entirely to inspections, to
check for performance of an operation, or quality, health, or safety of a project, including related activities such as inspection
for possible mislabeling, misrepresentation, or adulteration of products.
Financial Review
There are no financial impacts to the District for implementing the considerations outlined in the July 5, 2018 memorandum. The
considerations can be absorbed in the existing budget.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the September 11, 2018 study session at District
Headquarters and on District’s website at www.cmsdca.gov.
Alternative Actions
1. Direct staff to report back with more information.
Subject 4. Consider Revisions to CMSD's Fats Oil Grease (FOG) Program
Meeting Sep 11, 2018 - Board of Directors Study Session
Access Public
Type Action
Fiscal Impact No
Recommended Action That the Board of Directors direct staff to bring this item back to the September 26, 2018
Board of Directors meeting to consider approving the recommended revisions to the FOG
Program
Goals 1.0 Sewer Infrastructure
1.8 Fats, Oil & Grease (FOG) Program
File Attachments
CMSD FOG Control Program.pdf (132 KB)
CMSD FOG Policy MEMORANDUM (002).pdf (587 KB)
C. ITEMS OF STUDY
To: Board of Directors
Via: Scott Carroll, General Manager
From: Nabila Guzman, Management Analyst I
Date: September 11, 2018
Subject: Goodwill Collection Event
Summary
The Costa Mesa Sanitary District (CMSD) Board of Directors established a goal of diverting 75% of the solid waste
stream away from landfills, CMSD is currently diverting 60%. CMSD, in partnership with Orange Coast College
Recycling Center and Orange County Goodwill, held a drive-thru donation event on Saturday, August 18, 2018 in efforts
to potentially improve the District's solid waste diversion rate.
Recommendation
That the Board of Directors receives and file this report.
Analysis
The community drive-thru donation event was held on Saturday, August 18 from 9:00 a.m. to 3:00 p.m., providing
the community with a convenient and free service to dispose of no longer needed clothing, housewares, and electronics.
The event was held in the parking lot at the OCC Recycling Center, cones were set up on the left-hand side of the
parking lot to separate the donation event and allow Recycling Center customers access to the parking spaces and both
buy back counters.
The event was promoted through a daily pilot ad which ran on August 5th and 12th. Additionally, Staff utilized the following free outreach:
CMSD Newsletter, CMSD website, CMSD Social Media (Facebook, Twitter, Instagram), Costa Mesa Minute (City of Costa Mesa Video),
PeachJar flyer distributed to NMUSD parents as well as Costa Mesa Chamber's "What's Up Costa Mesa" App and website.
On the day of the event, OC Goodwill provided a 28-foot trailer with 8 cages and 10 Gaylord boxes for collection purposes. Additionally,
they provided CMSD with one event manager and three event volunteers. The cages were placed beside the trailer so cars could easily
pull up and allow OC Goodwill volunteers to collect the donation and separate into the appropriate cages. The event was unfortunately
not well attended, there were a total of 35 donors who donated 2,750.50 lbs of goods. The donation event collected three full cages of
clothing, one cage of houseware and 1/2 a cage of electronics. After inputting the number of donations collected, the District's diversion
rate for the current fiscal year is 62.75%.
Although the event was not well attended, there was interest by residents using the recycling center in participating but
did not know the event was being held that day. Staff believes participation in the event would increase if the event is
held in the springtime (March/April) instead of in the Fall. Staff would recommend that a donation event is combined
with the free mulch event in Spring 2019 so residents could both dispose of unwanted items as well as pick up free
bags of mulch for their gardens. Attached are pictures of the event.
Legal Review
Not Applicable.
Environmental Review
Subject 5. Goodwill Collection Event
Meeting Sep 11, 2018 - Board of Directors Study Session
Access Public
Type Action (Consent), Receive and File
Recommended Action That the Board of Directors receives and file this report
Goals 2.4 Develop Strategies for 75% Waste Diversion
2.00 Solid Waste
th
Being a partial sponsor or coordinator of a community recycling event 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 CEQ Guidelines.
Financial Review
The District spent $1,640.82 promote and advertise the event. There were no costs to utilize the OCC Recycling Center
parking lot and OC Goodwill provided volunteers to work the event.
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the September 11, 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
IMG_1741.JPG (3,231 KB)
IMG_1740.JPG (2,092 KB)
IMG_0002.jpg (7,159 KB)
IMG_20180818_133946.jpg (3,437 KB)
IMG_1750.JPG (4,498 KB)
IMG_1744.JPG (1,396 KB)
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after
public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is
waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent
calendar as a whole.
C. ITEMS OF STUDY
To: Board of Directors
Via: Scott Carroll, General Manager
From: Gina Terraneo, Management Analyst II
Date: September 11, 2018
Subject: 3rd Annual State of the District
Summary
The Costa Mesa Sanitary District's (CMSD) 3rd Annual State of the District will be held on Wednesday, October 3, 2018 at 9:00 a.m at
the District's headquarters. The event will feature a presentation from President Scheafer, reflecting on the District's accomplishments
over the past year and sharing future plans and projects. Light breakfast refreshments will be provided for attendees.
Analysis
3rd Annual State of the District
Date: October 3, 2018
Time: 9:00 - 10:00 a.m.
Location: 290 Paularino Avenue, Costa Mesa, CA 92626
The following is a list of topics that can be discussed during the State of the District presentation:
2018 Accomplishments
Launched Citizens Advisory Committee (CAC)
Initiated Transition from At-Large to By-District Election System
Launched Citizens Environmental Protection Academy (CEPA)
HQ Solar Project In Progress
District Yard Expansion Project Completed
Partnered with Orange Coast College Recycling Center & Goodwill of Orange County for Donation Event
New Programs
District-wide Household Hazardous Waste Collection Program
Roll-Out Assistance for Seniors/ADA Residents
Sewer Inspection Rebate Program (SIRP)
Revised Reward Structure for Alkaline Battery Recycling Program
Coming Soon
Performance Measurements (Fall 2018)
Citizens Environmental Protection Academy (Spring 2019)
Mulch Giveaway Event (Spring 2019)
The event will be advertised in the following ways:
Postcards sent to elected officials & staff of neighboring agencies
CMSD Quarterly Newsletter
CMSD Website
Social Media (Facebook, Twitter, Instagram)
GoGovApps Email blast
Mail Chimp Email blast
PeachJar (Newport-Mesa Unified School District flyer distribution network)
City of Costa Mesa's Costa Mesa Minute Video
Subject 6. 3rd Annual State of the District
Meeting Sep 11, 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.
Chamber of Commerce Calendar (Website & Mobile App)
Recommendation
That the Board of Directors receive and file the report.
Legal Review
Not applicable.
Environmental Review
Holding a State of the District event is not a disturbance of the environment similar to grading or construction and is not a project under
CEQA or the District’s CEQA Guidelines.
Financial Review
There are sufficient funds in the Solid Waste & Wastewater Public Info/Education/Promotions accounts to provide
breakfast refreshments, promotional items, and advertisements for the State of the District event.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the September 11, 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.
C. ITEMS OF STUDY
To: Board of Directors
Via: Scott Carroll, General Manager
From: Gina Terraneo, Management Analyst II
Date: September 11, 2018
Subject: Consider Contribution Program Application for Costa Mesa High School Foundation's Oktoberfest Annual Gala
Summary
On Friday, August 24, 2018, the District received a Contribution Program Eligibility Application from the Costa Mesa High School
Foundation requesting a monetary contribution of $1,000 for the Oktoberfest Annual Gala on September 15, 2018 at Halecrest Park.
Recommendation
That the Board of Directors:
1. Establish the purpose CMSD is trying to serve as a contributor to the Costa Mesa High School Foundation; and
2. Describe how the expenditures will advance CMSD’s purpose; and
3. Consider contributing $1,000 for the Oktoberfest Annual Gala.
Analysis
According to the procedures implemented on July 31, 2013, the Board of Directors must do the following in order to determine if a
contribution should be made:
Establish the purpose the District is trying to serve by contributing. This purpose must be established as one of the District’s
statutory powers or a power that would be incidental to those purposes. For example, District purposes include properly treating
sewage, preventing SSOs, and recycling.
Describe how the contribution will advance the District's purpose.
As stated on the application (Attachment A), the Costa Mesa High School Foundation is requesting a monetary contribution of $1,000 for
the Oktoberfest event. Between 200-250 attendees from the Costa Mesa High School area are anticipated at the event. The Foundation
is offering the District opportunities for visibility through the following sponsorship levels, which are outlined below and in Attachment B.
Sponsorship Level Sponsorship Amount
Mustang Sustainability Sponsor $5,000.00
Subject 7. Consider Contribution Program Application for Costa Mesa High School
Foundation's Oktoberfest Annual Gala
Meeting Sep 11, 2018 - Board of Directors Study Session
Access Public
Type Action
Preferred Date Sep 11, 2018
Absolute Date Sep 11, 2018
Fiscal Impact Yes
Dollar Amount $1,000.00
Recommended Action That the Board of Directors:
1. Establish the purpose CMSD is trying to serve as a contributor to the Costa Mesa High
School Foundation; and
2. Describe how the expenditures will advance CMSD’s purpose; and
3. Consider contributing $1,000 for the Oktoberfest Annual Gala.
Goals 4.0 Community Outreach & Communications
3.2 Strengthen our ties with local governments, Special districts and educational
institutions
Includes: top billing on event signage,
name on event flyers & publicity,
item in goodie bag,
link to website,
mention in welcome speech at event,
admission & reserved tables for up to 16 guests
Platinum Sponsor
Includes: name on all event flyers & publicity,
item in goodie bag,
link to website,
admission & reserved tables for up to 10 guests
$2,500.00
Gold Sponsor
Includes: name on all event flyers,
item in goodie bag,
link to website,
admission & reserved tables for up to 8 guests
$1,000.00
Silver Sponsor
Includes: name on all event flyers,
item in goodie bag,
link to website,
admission for 4 guests
$500.00
CMHS Recycler Sponsor
Includes: name on all event flyers,
name on event banner,
admission for 2 guests
$250.00
The Gold level sponsorship would include District recognition on all event flyers, a link to the District's website on the
Costa Mesa High School Foundation's website, a District item in the event goodie bags, and event admission for up to 8
guests. As shown above, the only difference between the Silver and Gold sponsorships is the number of guest
admissions included in each sponsorship. Therefore, the Board of Directors should discuss and consider how many
Board Members plan to attend the event. In regards to the guidelines for making contributions, the sponsorship
provides an opportunity for the District to advance its purpose through increased visibility.
According to their website, "the Costa Mesa High School Foundation was formed in 2003 to manage an endowment donated by C.J.
Segerstrom & Sons that funds enhanced educational opportunities at Costa Mesa Middle & High School." They have provided over
$502,000 in grants to teachers and they host 4 events annually: the Costa Mesa Community Run, the Summer Mixer, the Fall Gala, and
the December Home Tour.
The District has not contributed to this event in the past.
Legal Review
Not applicable.
Environmental Review
The consideration of a monetary contribution to a non-profit organization to be used as a vehicle for promoting the District is an
administrative matter and is not a disturbance of the environment, similar to grading or construction, and is not a project under CEQA or
the District’s CEQA Guidelines.
Financial Review
Currently, there are sufficient funds available in the FY 2018-19 Public Information/Education/Community Promotions Sponsorships
account for this $1,000 contribution. A total of $8,000 is budgeted for sponsorships during FY 2018-2019 and the District has a total of
$6383.14 remaining.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the September 11, 2018 Board of Directors
Study Session at District Headquarters and posted on the District’s website.
Alternative Actions
1. Do not approve the contribution of $1,000.
2. Approve an alternative contribution amount.
3. Refer the matter back to staff.
File Attachments
A - Contribution Application.pdf (300 KB)
B - Sponsorship Form.pdf (14 KB)
C - Event Flyer.jpg (306 KB)
D. Adjourn to Closed Session
Subject 1. Conference with Legal Counsel-Anticipated Litigation -- Significant exposure to
litigation pursuant to Government Code Section 54956.9(2)- (1 case). The “existing
facts and circumstances” creating a significant exposure to litigation are set forth
in a letter from Attorney Kevin Shenkman dated March 26, 2018 and received March
29, 2018.
Meeting Sep 11, 2018 - Board of Directors Study Session
Access Public
Type
E. CLOSING ITEMS
Subject 1. Reconvene to Open Session & Report Out
Meeting Sep 11, 2018 - Board of Directors Study Session
Access Public
Type
E. CLOSING ITEMS
Subject 2. Oral Communications and Director Comments
Meeting Sep 11, 2018 - Board of Directors Study Session
Access Public
Type
E. CLOSING ITEMS
THE NEXT STUDY SESSION OF THE COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS WILL BE HELD ON
TUESDAY, OCTOBER 9, 2018 AT 9:30 A.M. IN THE DISTRICTS BOARD ROOM, 290 PAULARINO AVENUE, COSTA MESA.
Subject 3. Adjournment
Meeting Sep 11, 2018 - Board of Directors Study Session
Access Public
Type Procedural