2022_01_11_ss1/6/22, 2:22 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#1/2
Tuesday, January 11, 2022
Board of Directors Study Session
Time: 8:00 a.m.
Location: Costa Mesa Sanitary District - 290 Paularino Ave., Costa Mesa, CA 92626
***
IMPORTANT NOTICE REGARDING JANUARY 11, 2022 STUDY SESSION MEETING
This hybrid in-person and teleconferenced meeting will utilize electronic means consistent with
State of California Assembly Bill 361 (Gov. Code § 54953(b)(3)). This meeting is subject to change
to be a remote meeting.
***
The livestream of the meeting can be viewed by clicking the "Video" icon on this page (which will be
made available at the start of the meeting) or by visiting www.youtube.com/CostaMesaSanitary.
***
To participate in the meeting by computer:
1. Copy and past the following into your browser - https://us02web.zoom.us/join
2. Enter the Meeting ID number - 882 7105 8326
3. Click "Join."
***
To join the meeting with a mobile device:
1. Download the Zoom app at the Google Play Store (for Android devices) or the App Store (for
Apple devices)
2. Open the Zoom app. Select "Join a Meeting."
3. Enter Zoom Meeting ID. Select "Join Meeting."
***
To join the meeting by phone:
1. Call 1-669-900-6833.
2. You will be asked to enter the Meeting ID number. Dial 882 7105 8326#
3. Lastly, you will be asked to enter your Participant ID. Press the # symbol again to bypass this
step.
***
Public Comments: Members of the public can submit any comments in real time during the meeting
or prior to the meeting in writing for the Board of Directors' consideration by sending them to the
District Clerk, Noelani Middenway, at nmiddenway@cmsdca.gov. Those comments will be made part
of the official public record of the meeting.
***
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
from the District Clerk's Office.
***
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. 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
1/6/22, 2:22 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#2/2
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. Receive and File December 2021 Code Enforcement Officer Report
2. Large Item Collection - Program Update
3. CR&R's Benchmark Measures Final Report
4. Performance Based Ordinance for SB 1383 Compliance
D. CLOSING ITEMS
1. Oral Communications and Director Comments
2. Adjournment
1/6/22, 2:23 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#1/15
Tuesday, January 11, 2022
Board of Directors Study Session
Time: 8:00 a.m.
Location: Costa Mesa Sanitary District - 290 Paularino Ave., Costa Mesa, CA 92626
***
IMPORTANT NOTICE REGARDING JANUARY 11, 2022 STUDY SESSION MEETING
This hybrid in-person and teleconferenced meeting will utilize electronic means consistent with
State of California Assembly Bill 361 (Gov. Code § 54953(b)(3)). This meeting is subject to change
to be a remote meeting.
***
The livestream of the meeting can be viewed by clicking the "Video" icon on this page (which will be
made available at the start of the meeting) or by visiting www.youtube.com/CostaMesaSanitary.
***
To participate in the meeting by computer:
1. Copy and past the following into your browser - https://us02web.zoom.us/join
2. Enter the Meeting ID number - 882 7105 8326
3. Click "Join."
***
To join the meeting with a mobile device:
1. Download the Zoom app at the Google Play Store (for Android devices) or the App Store (for
Apple devices)
2. Open the Zoom app. Select "Join a Meeting."
3. Enter Zoom Meeting ID. Select "Join Meeting."
***
To join the meeting by phone:
1. Call 1-669-900-6833.
2. You will be asked to enter the Meeting ID number. Dial 882 7105 8326#
3. Lastly, you will be asked to enter your Participant ID. Press the # symbol again to bypass this
step.
***
Public Comments: Members of the public can submit any comments in real time during the meeting
or prior to the meeting in writing for the Board of Directors' consideration by sending them to the
District Clerk, Noelani Middenway, at nmiddenway@cmsdca.gov. Those comments will be made part
of the official public record of the meeting.
***
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
from the District Clerk's Office.
***
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. 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.)
1/6/22, 2:23 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#2/15
Robert Ooten, President
Michael Scheafer, Vice President
Arlene Schafer, Secretary
Arthur Perry, Director
Brett Eckles, Director
Meeting Jan 11, 2022 - Board of Directors Study Session
Access Public
Type Procedural
1/6/22, 2:23 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#3/15
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 Jan 11, 2022 - Board of Directors Study Session
Access Public
Type Procedural
1/6/22, 2:23 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#4/15
C. ITEMS OF STUDY
To: Board of Directors
Via: Scott Carroll, General Manager
From: David Griffin, Interim Code Enforcement Officer
Date: January 11, 2022
Subject: Receive and File December 2021 Code Enforcement Officer Report
Summary
This report summarizes major points for three ordinance enforcement topics covering scavenging, graffiti on trash carts, and trash
container enforcement. For the month of December, the CMSD Interim Code Enforcement Officer focused his efforts on patrols in various
parts of the community. The goal is to identify and deter instances of scavenging and residential trash carts left within the public view.
Recommendation
That the Board of Directors receives and files this report.
Analysis
In the month of December, Interim Code Enforcement Officer (CEO) Griffin approached seven (7) individuals after observing
them scavenging from CMSD trash carts. In the same month he issued 46 warning notices to residents storing their trash carts in public
view. Interim Officer Griffin found no graffiti on trash carts in the month of December.
Interim Officer Griffin's 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 Griffins' 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 January 11, 2022 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
CEO Report for Dec. 2021.doc (2,209 KB)
Subject 1. Receive and File December 2021 Code Enforcement Officer Report
Meeting Jan 11, 2022 - Board of Directors Study Session
Access Public
Type Action
Recommended Action That the Board of Directors receive and file this report.
Goals 2.0 Solid Waste
2.9 Solid Waste - Enhance Code Enforcement presence
1/6/22, 2:23 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#5/15
C. ITEMS OF STUDY
To: Board of Directors
Via: Scott Carroll, General Manager
From: Nabila Guzman, Management Analyst I
Date: January 11, 2022
Subject: Large Item Collection - Program Update
Summary
The Costa Mesa Sanitary District offers District residents a convenient curbside collection of large or bulky items at their home. CMSD
residents are eligible for three (3) complimentary pickups per year. There is a limit of 10 items per call or collections can be combined for
a total of 30 items per calendar year. Staff is providing the Board of Directors with an update on the program.
Recommendation
That the Board of Directors receive and file this report.
Analysis
The large item collection program allows current District trash customers to dispose of large or bulky items at their home for free. District
trash customers are eligible for three (3) complimentary curbside pickups per year or 30 items per calendar year. the program works as
follows:
1. District trash customers contact CR&R at (949) 646-4617, Monday through Friday from 8:00 a.m. to 5:00 p.m. to schedule a
pickup. Or they may submit a request online through CMSD's website.
2. CR&R will verify the quantity and type of large or bulky items to be collected.
3. CR&R coordinates the pickup time and provides information on where to place the materials.
4. On collection day, the resident must place the items at the front of their house by 6:00 a.m. The District resident does not need to
be home for the items to be collected.
Over the last calendar year, popular types of items collected include:
Mattresses / Boxsprings
Dressers
Tables
Bundles of Cardboard
BBQs
Bags of trash
Couches
Chairs
Exercise Equipment
Bed Frames
Staff considers the large item collection program the most successful program provided by the District. The stay-at-home orders in 2020
only increased the number of requests received and there is no sign of participation with the program slowing down. At times residents
have to wait over two weeks for a collection but CR&R has done a great job of fulfilling the increasing number of requests received.
The following graphs illustrate total pickups completed and tonnage collected by fiscal year:
Subject 2. Large Item Collection - Program Update
Meeting Jan 11, 2022 - Board of Directors Study Session
Access Public
Type Action
Recommended Action That the Board of Directors receive and file this report.
Goals 2.5 Solid Waste - Provide a program for collecting large items
2.0 Solid Waste
1/6/22, 2:23 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#6/15
Legal Review
Not Applicable
Environmental Review
Subject activity is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section
21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures “to list those specific activities which
fall within each of the exempt classes”, and the District has adopted “CEQA Guidelines and Implementing Procedures” that state on page
6 ”Projects” does not include …. C. Continuing administrative or maintenance activities.”
Financial Review
This program is included in CR&R's rate and is provided at no extra cost.
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the January 11, 2022 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
Collections by FY.png (8 KB)
Tonnage by FY.png (7 KB)
1/6/22, 2:23 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#7/15
C. ITEMS OF STUDY
To: Board of Directors
From: Scott Carroll, General Manager
Date: January 11, 2022
Subject: CR&R's Benchmark Measures Final Report
Summary
On July 13, 2021, the Board of Directors approved a list of benchmark measures to engage on their performance level for the next six
months (July - December 2021). The following are the results of CR&R's performance during the past six months.
Recommendation
That the Board of Directors provide direction to staff.
Analysis
The following are the results of CR&R's performance during the past six months.
1. The average vehicle age in CMSD's fleet is five years. DID NOT ACHIEVE.
CR&R was scheduling to put in service four new refuse units in October 2021. However, the global microchip shortage that's impacting
the production of personal vehicles had an impact on the manufacturing of refuse truck. CR&R believed the new refuse units would be in
service by February 2022. However, the arrival of the new refuse trucks have been delayed further and are not projected to arrive until
May 2022.
2. Reduce public complaints regarding mixed waste and organic carts not being emptied during their regular scheduled day by
50% to 174 or less complaints. DID NOT ACHIEVE
In the past six months, the District received 284 complaints from the public regarding mixed waste and/or organic carts not being
emptied. It should be noted that we believe the number of homes that experienced having their carts not emptied on their regularly
scheduled collection day is much higher than the number of logged complaints. For instance, in October staff received a complaint about
missed trash collection on Myrtlewood, but the entire street of Myrlewood and the surrounding streets were missed. On November 11 one
complaint was received about entire neighborhoods in the College Park were missed that resulted in 153 homes. On November 19, staff
received one complaint that the following streets had their entire neighborhood missed:
Stonefield Street,Limerick Lane,Bray Lane,McCormack Lane, Cork Land,Londonderry Street, Sharon Lane, Kerry Lane,Garlingford St
Subject 3. CR&R's Benchmark Measures Final Report
Meeting Jan 11, 2022 - Board of Directors Study Session
Access Public
Type Action
Recommended Action That the Board of Directors provide direction to staff.
Goals 2.0 Solid Waste
1/6/22, 2:23 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#8/15
3. CMSD staff receives notification from CR&R staff about operational delays (truck breakdowns, unfinished routes, excess
trash, etc.) that result in missed mixed waste or organic cart collection. Of the total number of accounts missed, CR&R notified
staff for 95% of those accounts. DID NOT ACHIEVE
Measure is 94%. Of the 284 complaints received, CR&R did not notify staff regarding 18 complaints.
4. Reduce the number of missed Christmas tree collections by 95% from 2020-21. DID NOT ACHIEVE
In 2020-21, a total of 101 missed pick-up requests were submitted through CMSD smart phone app. To achieve this goal, CMSD needs
to receive 4 or less missed pick up request. The Christmas tree collection program ends on January 7, 2022. As of January 5, CMSD
received 27 missed pick-up request. Staff will give an update on this measure at today's meeting.
5. Approved CMSD signage has been placed on all CMSD collection vehicles and is placed according to rendering provided and
as stated in the contract. ACHIEVED
6. Adjust Friday Organics #3 route and Monday (#3, #5 and #7) and Wednesday (#3) mixed waste route to reduce weight load.
Data for November and December were not made available at the time this report was written. Staff will give an update on this measure
at today's meeting.
Route MBC Findings FY 2019-
2020
CMSD July - October 2021
Findings
Monday T3 19.80% Over 12 tons 0% Over 12 tons
Monday T5 24.49 % Over 12 tons 15% Over 12 tons
Monday T7 31.37% Over 12 tons 24% Over 12 tons
Wednesday T3 27.47% Over 12 tons 6% Over 12 tons
Friday O3 17.91% Over 12 tons 5% Over 12 tons
7. Give CMSD staff an update and a timeline for utilizing the City of Newport Beach transfer station. DID NOT ACHIEVE
No updates were given by CR&R staff regarding the timeline for utilizing the City of Newport Beach transfer station. However, on
September 27, 2021, staff met with city officials and received a tour of their transfer station. While the city indicated they support allowing
CMSD refuse to be delivered to their transfer station, they want to wait until SB 1383 is fully implemented before discussing this item
further. No timeline was given when CMSD can utilize the City's transfer station.
8. CR&R staff attends 95% of all in-person operational update staff meetings scheduled by CMSD. ACHIEVED
CR&R staff have attended 100% of all in-person operational update staff meetings scheduled by CMSD.
The following options are available to the Board. Staff is seeking direction from the Board by selecting one of the following options below.
1. Direct staff to report back at a regular Board of Directors meeting to consider approving CR&R's request for a rate adjustment of 5.6%.
Approving a 5.6% rate adjustment will have an impact on the District's solid waste budget. Staff will report back at a regular Board of
Directors meeting with information on the financial impacts such an adjustment will have on the solid waste budget.
2. Direct staff to report back at a regular Board of Directors meeting to consider approving CR&R's request for a rate adjustment of
2.8%. Approving a 2.8% rate adjustment will have an impact on the District's solid waste budget. Staff will report back at a regular Board
of Directors meeting with information on the financial impacts such an adjustment will have on the solid waste budget.
3. Deny CR&R's request for a rate adjustment.
4. Continue monitoring and collecting data for the above benchmarks for an additional six months (January - June) and if CR&R achieves
the benchmark direct staff to negotiate a rate adjustment, for Board approval consideration, that will not impact the solid waste budget.
Legal Review
Not applicable
1/6/22, 2:23 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#9/15
Environmental Review
Providing a progress report regarding benchmark measures is an administrative matter that will not result in direct or indirect physical
changes in the environment and is not considered a "project".
Financial Review
The financial impacts for a solid rate rate adjustment of 5.6% or 2.8% will be presented to the Board at a future meeting if the Board
directs staff to do so.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the January 11, 2022 Board of Directors
regular meeting at District Headquarters and on District website at www.cmsdca.gov
Alternative Actions
1. Direct staff to report back at a future Board of Directors meeting to consider approving a 5.6% solid waste rate adjustment.
2. Direct staff to report back at a future Board of Directors meeting to consider approving a 2.8% solid waste rate adjustment.
3. Deny CR&R's request for a solid waste rate adjustment.
1/6/22, 2:23 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#10/15
C. ITEMS OF STUDY
To: Board of Directors
From: Alan Burns, District Counsel
Date: January 11, 2022
Subject: Performance Based Ordinance for SB 1383 Compliance
Summary
At a recent Board of Directors meetings, Mr. Jim Mosher mentioned the District may want to consider adopting a Performance Based
Ordinance to comply with SB 1383 regulations pertaining to California's Short-Lived Climate Pollutant Reduction Strategy. The Board
directed staff to research and analyze a performance base ordinance and to report back our findings.
Recommendation
That the Board of Directors provide direction to staff.
Analysis
The SB 1383 Regulations allow jurisdictions to choose either a standard 3, 2 or unsegregated trash collection container option, or a
Performance-Based Option. Whichever option is chosen, an ordinance will be needed to implement the option. The differences are set
forth in Article 3 (for Standard) or in Article 17 (for Performance-Based). Cal Recycle has compiled tables to compare the two services
(attached). We have already adopted the Standard service option and are considering if we stay with the 2 container model, or go to a 3
container model. We are now analyzing the Performance-Based model for your. Consideration.
The major differences for this District are the following:
As described by Cal Recycle, a jurisdiction that chooses to implement a performance-based service has fewer regulatory requirements,
but must demonstrate that it (the District) can provide service to at least 90% of residential and 90% of commercial generators and it will
then have more rigorous contamination monitoring requirements. For starters, we probably do not provide service to 90% of residential
customers since the SFR vs multi-tenant housing mix in Costa Mesa is fairly even. It is unknown if we can collaborate with the City to
meet this threshold, and more research would be required if this option is pursued. Cooperative agreements are allowed. (See Regs
189881.2; 18982 (a)(15)(36).)
Assuming we can meet the threshold, the main differences for us would be:
The Need for a High Diversion Facility and 18984.3 Facilities
A “high diversion organic waste processing facility” means a facility that is in compliance with the reporting requirements (18815.5(d)) and
meets or exceeds an annual average mixed waste organic content. A required recovery rate must be maintained of at least 50% between
2022-2024, and 75% thereafter, for organic waste received from a mixed waste stream.
This becomes important depending on which collection option is chosen. A simplified description would be:
3 container system- Green for organics, blue for recycling including non-organics and some organics (like paper), and gray for
non-organics. The jurisdiction may transport the gray container contents to a facility that processes and recovers organic waste. It is not
required to be an 18984.3 facility.
2 container system- green for organics and gray to contain mixed recycling. The mixed container contents must be sent to an
18984.3 facility.
1 container system- unsegregated containers may be used if the waste from the containers is sent to a facility that has heightened
requirements for its high diversion facility. The heightened requirement is that if the facility fails to meet the recovery rate for 2
Subject 4. Performance Based Ordinance for SB 1383 Compliance
Meeting Jan 11, 2022 - Board of Directors Study Session
Access Public
Type Discussion
Goals 2.0 Solid Waste
1/6/22, 2:23 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#11/15
consecutive quarters in a two-year period, or for any three quarters in a three-year period. This is what the regulations call a 18984.3
facility.
Container Contamination Minimization
In the standard service model, jurisdictions are required to monitor contamination by conducting either route review or waste evaluations
where all containers are monitored by either method. In the Performance-Based service model, jurisdictions must monitor contamination
through waste evaluations where all containers are monitored at least twice a year in two distinct seasons. The samples must be taken in
different geographic areas of the jurisdiction. In a jurisdiction with the number of customers we have, we are required to do 40 samples of
200 lbs each which is transported to a testing area of a permitted solid waste facility. Then prohibited contaminants are taken out and a
percentage is established of prohibited/permitted waste. If the samples do not pass, the jurisdiction must provide additional outreach and
targeted route review.
Gray containers must be monitored quarterly.
Labeling
Standard service requires labels on containers; Performance-Based service models do not.
Waivers
Standard service allows for limited space and frequency of collection waivers; Performance-Based services are unclear as to waivers.
Education and Outreach
Standard service must provide education and outreach to all residents and businesses about recycling and reducing organic waste;
commercial edible food generators must be advised re food recovery services and organizations (City to do commercial food
establishments?); Performance-Based service must only advise commercial edible food generators about donating edible food to food
recovery services and organizations.
Hauler Regulation
Standard service must have haulers agree to entire program; Performance-Based must only require haulers to transport source
separated organic waste to a designated organic waste recycling facility.
Recordkeeping
Standard service providers must keep records of the waste collection service, contamination monitoring, waivers and exemptions,
education and outreach, hauler program, edible food recovery program (City?), procurement, enforcement, complaints and investigations.
Performance-Based service must keep track of organic waste collection, contamination monitoring, education and outreach for food
recovery programs (City?), procurement, enforcement, complaints and investigations relating to food recovery programs.
Reporting
Standard service must report on initial jurisdiction compliance, organic waste collection service, contamination monitoring, waivers,
education and outreach, hauler oversight, Cal Green and Water ordinances adopted, edible food recovery program, procurement and
compliance monitoring and enforcement.
Performance-Based services need only report on initial jurisdiction compliance, organic waste collection service, results of waste
evaluations, Cal Green and Water Ordinances adopted,
edible food recovery programs, and procurement.
Inspections
Standard service must conduct more inspections; Performance-Based need only conduct inspections related to commercial edible food
generators and food recovery organizations and services. (City?)
Investigation of Complaints
Standard service must investigate complaints of alleged violations; Performance-Based must investigate complaints of alleged violations
related to entities subject to the edible food recovery program. (City?)
Enforcement
1/6/22, 2:23 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#12/15
Standard service must conduct enforcement; Performance-Based service must conduct enforcement only on edible food recovery
requirements. It seems like this might be the City.
Discussion
As noted above, a Performance-Based Ordinance will involve less regulatory requirements, but we must be able to demonstrate that we
service at least 90% of the residential and 90% of the commercial generators. The regulations do allow compliance by joint powers
agreements or MOUs, so we could have such an arrangement with the City to provide for service to both types of waste generators. (See
Regs. §§18981.2; 18982(a)(15)(36).)
If we adopt the Performance-Based model, we would be required to monitor the food recovery program and compliance. We would also
be required to sample the waste for contamination. +
Regarding education, if we adopt the Performance-Based model, we have less educational and outreach obligations. Standard service
districts must provide education and outreach to all residents and businesses; commercial edible food generators must be advised of
food recovery organizations. Performance-Based service models need only advise commercial food generators about food recovery
organizations.
If the District adopted the Performance-Based service model, it would only need to ensure that the Hauler transported to a designated
organic waste facility. (Standard service models must have haulers agree to the entire program.)
If the District adopted the Performance-Based model, a record must be kept of all organic waste collection, contamination monitoring and
outreach for each food recovery program, procurement (buying recycled goods, etc.), enforcement, complaints and investigations related
to food recovery programs. Standard service models are required to report on jurisdiction compliance, organic waste collection
contamination, waivers, education and outreach, hauler oversight, Cal Green and Water ordinances adopted, edible food recovery
program, procurement and compliance monitoring and enforcement. (Note: Green Building and water ordinances are probably the
bailiwick of the City so we would need to look to it for this function and possibly include in the JPA or protocol we adopt.)
Standard service models have more inspections. Performance-based need only conduct inspections related to edible food generators
and food recovery organizations. We are also required to sample the containers for contamination more frequently.
Similarly, Standard Service models must investigate all violations. Performance-Based models are only required to investigate alleged
violations by edible food generators.
Similarly, Standard service models must enforce the greater regulations; Performance-Based service models must only enforce edible
food recovery requirements.
As a general note, if we adopted the Performance-Based model, most of our burdens would presumably be borne by the City that has
jurisdiction over commercial food generators. So if that is correct, Performance-Based is even more attractive in a split jurisdiction model
such as the District/City in Costa Mesa. But that will depend on discussions with the City to see if we see this the same way. The
penalty for failure to maintain a Performance-Based model is to be required to implement the Standard service model, so we may want to
try the Performance-Based service model first if we can qualify. But if it does not work out, we will need a different ordinance, but more
importantly, lots of money and effort will be lost. Since we tried to have the same ordinance the City has, and hired the same Consultant
to prepare a draft of the ordinance, we will need to see what the City’s attitude would be about that. I am sure we want consistency
between the two jurisdictions over the same area.
Cost Considerations
All of the options involve expense. The organics program itself requires expense. These expenses will be borne by the hauler and the
District, and will ultimately be passed on to the rate payers. A three-container system would cost more in containers. If a lesser system is
adopted, it will involve the utilization of a high diversion organic waste processing facility, which will be more expensive. These will all
Involve negotiations and rate setting.
Legal Review
District Counsel prepared this staff report.
Environmental Review
The adoption of an ordinance requiring that organics be processed in a more environmentally friendly manner (which will reduce
greenhouse gas emissions) would be exempt from CEQA review by 14 Cal Code Regs §15308, as an action by a regulatory agency to
protect the environment. Save the Plastic Bag Coalition v. County of Marin (2013) 218 Cal. App. 4 209.)
Financial Review
The exact dollar amount CMSD will spend for implementing the attached ordinance is still being determined.
Public Notice Process
th
1/6/22, 2:23 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#13/15
Copies of this report are on file and will be included in the complete agenda packet for the January 11, 2021 Board of Directors study
session meeting at District Headquarters and posted on the District’s website.
Alternative Actions
1. Do not pursue adopting a performance based ordinance.
2. Direct staff to report back with more information.
File Attachments
Article 3 and Article 17 Collection Requirements.pdf (252 KB)
1/6/22, 2:23 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#14/15
D. CLOSING ITEMS
Subject 1. Oral Communications and Director Comments
Meeting Jan 11, 2022 - Board of Directors Study Session
Access Public
Type
1/6/22, 2:23 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#15/15
D. CLOSING ITEMS
The next Study Session of the Costa Mesa Sanitary District Board of Directors will be held at 8:00 a.m. on Tuesday, February 8, 2022 in
the District's Boardroom, located at 290 Paularino Avenue, Costa Mesa, CA 92626.
Subject 2. Adjournment
Meeting Jan 11, 2022 - Board of Directors Study Session
Access Public
Type Procedural