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2022_06_14_ss6/9/22, 4:01 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public 1/2 Tuesday, June 14, 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 JUNE 14, 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)). *** 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 Directors is prohibited from taking action on oral requests but may refer the matter to staff or to a 6/9/22, 4:01 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public 2/2 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. Consider Participating in California Cooperative Liquid Assets Securities System 2. Bilingual Pay 3. Consider Sole Sourcing Consulting Services for Conducting an Elden Forcemain Scoping and Planning Study and Attempting to Secure Federal Funding for the Construction of a Redundancy Elden Forcemain 4. CalRecycle SB 1383 Local Assistance Grant Spending Plan 5. Discuss Alternative Methods for Storing Food Waste Before Discarding into Organic Recycling Carts 6. Receive and File Quarterly Legislative Report - Quarter 2 7. Receive and File May 2022 Code Enforcement Officer Report 8. Receive and File Citizens Advisory Committee FY 2022-23 Goals and Objective Schedule D. CLOSING ITEMS 1. Oral Communications and Director Comments 2. Adjournment 6/9/22, 4:01 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public 1/20 Tuesday, June 14, 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 JUNE 14, 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)). *** 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.) Meeting Jun 14, 2022 - Board of Directors Study Session Type Procedural 6/9/22, 4:01 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public 2/20 Robert Ooten, President Michael Scheafer, Vice President Arlene Schafer, Secretary Arthur Perry, Director Brett Eckles, Director 6/9/22, 4:01 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public 3/20 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 Jun 14, 2022 - Board of Directors Study Session Type Procedural 6/9/22, 4:01 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public 4/20 C. ITEMS OF STUDY To: Board of Directors Via: Scott Carroll, General Manager From: Marc Davis, District Treasurer Date: June 14, 2022 Subject: Consider Participating in California Cooperative Liquid Assets Securities System Summary A new local government investment pool in California will be available for investment beginning in mid to late June 2022. Recommendation That the Board of Directors consider participating in the California Cooperative Liquid Assets Securities System as either a founding participant or participant and direct staff to report back on June 27, 2022. Analysis The General Manager, District Treasurer and Finance Manager met with Neil McCormick, Chief Executive Officer, and Rick Wood, Finance and Administration Director, of the California Special District Association (CSDA) on May 12, 2022 to listen to a presentation on a newly formed local government investment pool (LGIP) which will be known as the California Cooperative Liquid Assets Securities System (CLASS). California CLASS will be professionally managed and administered by Public Trust Advisors, LLC (PTA), which is a Securities and Exchange Commission (SEC) registered investment advisor headquartered in Denver Colorado and has offices in 9 other states. PTA currently manages 16 different LGIPs in 10 different states. Total assets of the LGIPs under management exceed $54 billion. Both CSDA and the League of California Cities have conducted due diligence on PTA, and both governing boards have endorsed California CLASS. California CLASS was originally formed to offer an additional liquid, short-term investment option to local governments and special districts in California. It is anticipated that California CLASS will be available for investing in the latter part of June 2022. The District currently invests in one LGIP, which is the State of California Local Agency Investment Fund (LAIF). LAIF is used for the District's short-term investments in order to meet liquidity needs, especially during the period from May through November of each year. The District has authorized one additional LGIP in its investment policy, CalTRUST, but to date no funds have been placed with this LGIP. California CLASS is organized as a Joint Powers Authority (JPA) and supervised by a Board of Trustees that is comprised of eligible participants of the program. The Board has the power to administer California CLASS and its affairs. The Board enters into contracts and agreements on behalf of the program. Any public agency as defined in California Government Code Section 53600 can participate in California CLASS. California CLASS will offer two portfolios that contain the following characteristics: CA CLASS CA CLASS EC Portfolio Type Prime-style Enhanced cash Purpose Short-term liquidity 9 – 12 months Rating AAAm AAAf/S1 Liquidity Offer Daily Next day Minimum Investment None None Withdrawals Unlimited Unlimited Accounts Unlimited Unlimited Rate Calculated daily Calculated daily There are two levels of participation in California CLASS, a participant and a founding participant. There is not a significant difference in overall participation and investing. Should the District simply want to invest in California CLASS, it can be a participant. All that would be Subject 1. Consider Participating in California Cooperative Liquid Assets Securities System Meeting Jun 14, 2022 - Board of Directors Study Session Type Discussion Goals 8.0 Finance 6/9/22, 4:01 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public 5/20 required would be for a registration packet to be completed. Should the District ever want to sit on the Board of Trustees, then it would need to join as a founding participant. To do so would require the District to adopt a resolution to join the JPA. Legal Review Legal review is not required. 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 There is no financial impact to participate in California CLASS. Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the June 14, 2022 Board of Directors study session meeting at District Headquarters and posted on the District’s website. Alternative Actions Do not participate in California CLASS. File Attachments California Class - CSDA Webinar 4-28-22 (003).pdf (960 KB) Workflow Workflow Jun 8, 2022 5:33 PM :: Submitted by Marc Davis. Routed to Scott Carroll for approval. Jun 8, 2022 7:10 PM :: Approved by Scott Carroll. Routed to Noelani Middenway for approval. Jun 9, 2022 4:34 PM :: Final approval by Noelani Middenway 6/9/22, 4:01 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public 6/20 C. ITEMS OF STUDY To: Board of Directors Via: Scott Carroll, General Manager From: Dyana Bojarski, Administrative Services Manager Date: June 14, 2022 Subject: Bilingual Pay Summary On April 12, 2022, the Board of Directors discussed this item and directed staff to bring back for discussion again at your June 14, 2022 study session meeting. California Government Code section 7290 to 7299.8 requires that state and local agencies ensure they provide information and services in the various languages spoken by their clients where a "substantial" number of non-English-speaking people require such services. The District service area includes 29% of a Spanish speaking population. CMSD has been promoting our programs through public outreach campaigns in both English and Spanish since 2018, when the Living Green newsletter was first published in both languages. The District does not currently offer bilingual pay for employees required to use bilingual skills on a continuous basis outside of their normal and typical job duties. The District is proposing the addition of bilingual pay as a special pay. Recommendation That the Board of Directors direct staff to report back on June 27, 2022 to consider adopting Bilingual Pay Policy. Analysis California Government Code section 7290 to 7299.8 requires that state and local agencies ensure they provide information and services in the various languages spoken by their clients where a "substantial" number of non-English-speaking people require such services. The determination of what constitutes a “substantial” number of non-English speaking people shall be made by the local agency. Staff recommends that the District determine the definition of “substantial,” in regard to this matter, be established at a benchmark of 25% of a people group of the same non-English-speaking language. Once that threshold has been met, the District will provide the public with bilingual interpretation services. According to the 2019 U.S. Census found in World Population Review, nearly 29% of Costa Mesa residents are Spanish speakers. That percentage amount is above the proposed benchmark amount of 25%. In 2018, the District began publishing the quarterly Living Green newsletter in both English and Spanish in an effort to increase communication and remove any barriers that existed for Spanish speaking residents. The District also increased its presence through social media and awareness campaigns that were promoted in both English and Spanish. One intended result of these bilingual campaigns has been an increase in interactions with the Spanish speaking public. The preparation of public outreach materials and communication into Spanish requires translation services. Staff is recommending additional compensation be provided to employee(s) Subject 2. Bilingual Pay Meeting Jun 14, 2022 - Board of Directors Study Session Type Action, Discussion Fiscal Impact No Dollar Amount $2,340.00 Budgeted Yes Recommended Action That the Board of Directors direct staff to report back on June 27, 2022 to consider adopting Bilingual Pay Policy. Goals 7.5 Human Resources Management - Maintain high level of employee satisfaction 7.1 Human Resources Management - Value and appreciate employees 5.0 Community Outreach & Communications 6/9/22, 4:01 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public 7/20 who have been certified for the performance of bilingual skills. The determination of the number of employees designated to receive bilingual pay would be at the sole discretion of the General Manager. CMSD conducted a survey of other local agencies to ascertain bilingual pay information including policy and compensation. Of the thirteen agencies who responded, the average monthly amount for bilingual pay was $135 ($67.50 biweekly) for speaking and $175 ($87.50 biweekly) to speak, read, and write. When an employee is required to use bilingual skills on a continuous basis outside of their normal and typical job duties, the District is proposing a bilingual pay in the biweekly amount of $70 to utilize bilingual speaking skills and $90 to speak, read, and write. Bilingual pay would be reported to CalPERS as special compensation per Title 2 California Code of Regulations section 571(a)(4) and 571.(b)(3) for Bilingual Premium. To receive bilingual pay, employees would be required to take and pass a proficiency test with a minimum score of 70% to certify that they are proficient in speaking and/or reading and writing Spanish. Employees that are certified and receive bilingual pay will be designated as “District Translators” and will be expected to serve in this role as the need arises. On May 11, 2022, the Citizens Advisory Committee (CAC) reviewed and discussed bilingual pay for District employees. The CAC unanimously approved recommending the Board of Directors consider adopting a bilingual pay policy for District employees. Legal Review Not applicable. Environmental Review The proposed addition of bilingual pay is 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 Bilingual pay is not included in the adopted Biennial Budget FYs 2021-22 and 2022-23. An eligible employee may receive an annual pay of $1,820 ($70 per pay period) to utilize bilingual speaking skills or $2,340 ($90 per pay period) to speak, read, and write. There is sufficient money in the budget to provide bilingual pay to one employee. Staff will request increasing the bilingual pay budget in future budgets if additional language proficiencies are required and it becomes apparent more employees are willing to take and pass the proficiency test. The alternative to offering employees special pay for bilingual skills is paying a private consultant to perform the services. The District's consultant can provide bilingual skills at $70.00 an hour. Staff estimates that the District will need 144 to 192 hours of translation services per fiscal year which would result in $10,080 to $13,440 per fiscal year. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the June 14, 2022 Study Session meeting at District Headquarters and on District website at www.cmsdca.gov Alternative Actions 1. Do not approve bilingual pay for District employees and direct staff to hire consultants to perform bilingual skills. 2. Direct staff to report back with more information. File Attachments Costa Mesa Languages.png (50 KB) Workflow Workflow Jun 7, 2022 4:54 PM :: Submitted by Dyana Bojarski. Routed to Kaitlin Tran for approval. Jun 7, 2022 6:31 PM :: Approved by Kaitlin Tran. Routed to Scott Carroll for approval. Jun 8, 2022 2:10 PM :: Approved by Scott Carroll. Routed to Noelani Middenway for approval. Jun 9, 2022 4:34 PM :: Final approval by Noelani Middenway 6/9/22, 4:01 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public 8/20 C. ITEMS OF STUDY To: Board of Directors From: Scott Carroll, General Manager Date: June 14, 2022 Subject: Consider Sole Sourcing Consulting Services for Conducting an Elden Forcemain Scoping and Planning Study and Attempting to Secure Federal Funding for the Construction of a Redundancy Elden Forcemain Summary On February 28, 2022, the Board of Directors approved new Project #341, Elden Force Main Redundancy and appropriated $70,000 from Project #326, 19th Street Forcemain Replacement Project to the new project. Staff wants to study alternatives for installing a redundant Elden Pump Station forcemain. The purpose for the study is to understand various options and associated costs for installing a redundant forcemain. In addition, staff believes it would be in the District's best interest to reduce risk associated with having a single forcemain (single point of failure) that crosses a State freeway for a major pump station. Recommendation That the Board of Directors direct staff to report back on June 27, 2022 to consider approving an agreement with Jacobs Engineering Group, Inc. for conducting an Elden Forcemain Scoping and Planning Study and Attempting to Secure Federal Funding for the Construction of a Redundancy Elden Forcemain. Analysis Staff's preliminary construction estimate to construct a redundancy Elden Pump Station forcemain is $8,000,000. The District's total annual wastewater budget is $6,400,000. Staff wants to seek federal funding for Project #341 from the Infrastructure Investment and Jobs Act. Seeking and obtaining federal funding is challenging because of stringent federal requirements and fierce competition from larger organizations. Staff believes retaining a consultant who has experience obtaining federal grant funding could help funding needs come to fruition. Staff has been negotiating this endeavor with Jacobs Engineering Group, Inc. Jacobs Engineering Group is a global engineering firm with over 30 years of experience in designing and planning water/wastewater projects that include successfully securing federal funding sources for these projects. Jacobs Engineering has agreed to prepare a grant proposal on behalf of CMSD. If Jacobs is unsuccessful securing federal grant funds, then the District is not obligated to pay the firm any monetary compensation for their services. However, if Jacobs is successful in securing grant funds, then the District will pay Jacobs Engineering $15,000 for preparing and submitting the proposal, and they will have first right to perform the scoping and planning study for $70,000. In addition, in accordance to the draft agreement, the District and Jacobs could negotiate an amendment to the agreement allowing Jacobs Engineering to prepare preliminary design, design, bidding documents, bidding support and construction management services. The amendment agreement would exceed the General Manager's authority to sign and therefore, the amended agreement will be brought back to the Board of Directors for approval consideration. Subject 3. Consider Sole Sourcing Consulting Services for Conducting an Elden Forcemain Scoping and Planning Study and Attempting to Secure Federal Funding for the Construction of a Redundancy Elden Forcemain Meeting Jun 14, 2022 - Board of Directors Study Session Type Action Recommended Action That the Board of Directors direct staff to report back on June 27, 2022 to consider approving an agreement with Jacobs Engineering Group, Inc. for conducting an Elden Forcemain Scoping and Planning Study and Attempting to Secure Federal Funding for the Construction of a Redundancy Elden Forcemain. Goals 1.0 Sewer Infrastructure 1.4 System Wide Sewer Replacement and Repair Program 1.6 Evaluate Force Main Conditions on a Regular Basis 7.0 Finance 6/9/22, 4:01 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public 9/20 Attached is the proposed draft agreement with Jacobs Engineering Group. The agreement is still being finalized by both agencies in which the final agreed upon agreement will be presented to the Board on June 27, 2022. If Jacobs Engineering is unsuccessful securing federal grant funds then staff will research financial assistance from the California Special Districts Association (CSDA) Finance Corporation that provides financing to special districts for large infrastructure projects. In addition, staff will consult with District Treasurer regarding several options for financial assistance that would be beneficial to the District. Legal Review District Counsel prepared the agreement and made edits to said agreement after receiving comments from Jacobs Engineering legal counsel. Environmental Review Installing redundancy of an pipeline with the same capacity as the existing facility is categorically exempt under the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.) under Section 15302 as a “Class 2” project as stated under 15302(c) “Replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity“. Financial Review There are no financial impacts to the District if Jacobs Engineering Group is unsuccessful securing federal grant funds on behalf of CMSD. If Jacobs Engineering Group is successful securing federal grant funds, the District will compensate the firm $15,000 for preparation and submittal of the grant proposal. There is adequate funding in the CIP budget for this expense. The cost to perform an Elden Forcemain Scoping and Planning Study is $70,000. On February 28, 2022, the Board of Directors approved appropriating $70,000 from Project #326, 19th Street Forcemain Replacement Project to Project #341, Elden Force Main Redundancy. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the June 14, 2022 Board of Directors study session meeting at District Headquarters and on District website at www.cmsdca.gov Alternative Actions 1. Do not approve sole sourcing consulting services for conducting an Elden Forcemain scoping and planning analysis and attempting to secure federal funding for the construction of a redundancy Elden Forcemain. 2. Direct staff to seek alternative firms to provide grant writing skills. 3. Direct staff to solicit bids for conducting an Elden Forcemain scoping and planning analysis 4. Direct staff to report back with more information. File Attachments 20220427 CMSD- Jacobs Consulting Agreement Rev C_Jacobs comments 060722.docx (56 KB) 2022 06 341 Elden FM New Project Study Session Presentation.pdf (63,343 KB) Workflow Workflow Jun 8, 2022 1:44 PM :: Submitted by Scott Carroll. Routed to Kaitlin Tran for approval. Jun 8, 2022 2:06 PM :: Approved by Kaitlin Tran. Routed to Scott Carroll for approval. Jun 8, 2022 2:10 PM :: Approved by Scott Carroll. Routed to Noelani Middenway for approval. Jun 9, 2022 4:35 PM :: Final approval by Noelani Middenway 6/9/22, 4:01 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public 10/20 C. ITEMS OF STUDY To: Board of Directors Via: Scott Carroll, General Manager From: Nabila Guzman, Management Analyst I Date: June 14, 2022 Subject: CalRecycle SB 1383 Local Assistance Grant Spending Plan Summary CalRecycle is administering a one-time grant program meant to provide aid in the implementation of regulations for SB 1383. This non- competitive grant program provides $57,000,000 of funding to local jurisdictions to assist with the implementation of regulatory requirements associated with SB 1383, including but not limited to Capacity Planning Collection Edible Food Recovery Education and outreach Enforcement and Inspection Program Evaluation/Gap Analysis Procurement Requirements Record Keeping The maximum amount of funds available for the Costa Mesa Sanitary District was $156,658. The deadline for the application was Tuesday, February 1, 2022 at 11:59 pm. Recommendation Staff recommends that this item be brought back on June 27,2022 for the Board of Directors to approve CalRecycle SB 1383 Local Assistance Grant Spending Plan for FY2022-23 and FY2023-24 and appropriate funds to FY2022-23 to off-set the expenditures. Analysis The Costa Mesa Sanitary District applied for the one-time SB 1383 Local Assistance Grant in February 2022. On April 27, 2022, the District received an award notification email from CalRecycle for $168,262.00. The District qualified for the first round of funding because the Board of Directors has already adopted an ordinance adding SB 1383 enforceable mechanisms to the District's Operations Code. First-round awardees were eligible to receive additional funds, and CMSD received an additional $11,604 in funding. The total amount awarded to the District is $168,262, a check for the full amount from CalRecycle was received on Monday, June 6, 2022. The grant term will be available through April 2, 2024. The District will use the grant funds for the following per fiscal year: Fiscal Year 2022-2023 $60,000 Administration. The money will be used to fund two consultant contracts. One with a public affairs firm, Tripepi Smith, to assist with producing bilingual education and outreach materials for CMSD residents. The second contract will be with a solid waste consultant, Michael Balliet LLC, to assist the District with program evaluation, waste characterization studies and SB 1383 compliance assistance. Attached to the staff report is the Tripepi Smith grant work proposal for your review. $20,000 Collection. Funds in this category will be used to purchase new kitchen pails and compostable bags for trash customers to encourage and facilitate their participation in CMSD's curbside Organics Recycling Program. Subject 4. CalRecycle SB 1383 Local Assistance Grant Spending Plan Meeting Jun 14, 2022 - Board of Directors Study Session Type Action (Consent) Recommended Action Staff recommends that this item be brought back on June 27,2022 for the Board of Directors to approve CalRecycle SB 1383 Local Assistance Grant Spending Plan for FY2022-23 and FY2023-24 and appropriate funds to FY2022-23 to off-set the expenditures. Goals 2.0 Solid Waste 2.8 Solid Waste - Recycle green waste and food scraps 6/9/22, 4:01 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public 11/20 $61,658 Education. Money will be used to fund the bilingual education and outreach material of SB 1383. Funds will be used as a needs assessment to help CMSD figure out what works and what type of outreach is sustainable long-term. $12,973 Personnel. Funds in this category will be used to fund a temporary intern position assigned to the Solid Waste division. The intern's day-to-day duties will focus on assisting staff with SB 1383 implementation. Examples of tasks assigned will be creating and maintaining a detailed list of solid waste customers, enrolling previously organics exempt homes, and providing customer service assistance. The intern will work approximately 603 hours during FY2022-23. Staff hopes to open recruitment in September and bring on the new employee in November or December of this year. Fiscal Year 2023-2024 $13,631 Personnel. It is expected that the intern will work for about half of this fiscal year until funds run out. Legal Review Not applicable. Environmental Review The application for grant funds 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. The recycling program itself is betterment to the environment. Financial Review The District received $168,262 from the CalRecycle SB1383 Local Assistance Grant. This includes $156,658, the maximum amount CMSD was eligible plus an additional $11,604 as a first-round awardee. Staff anticipate spending $154,631 in FY2022-23 and $13,631 in FY2023-24. Staff recommends that this item be brought back on June 27,2022 for the Board of Directors to approve CalRecycle SB 1383 Local Assistance Grant Spending Plan for FY2022-23 and FY2023-24 and appropriate funds to FY2022-23 to off-set the expenditures. In addition to the grant, the Board of Directors adopted $10,000 in FY2022-23 budget for SB 1383 Compliance in the Solid Waste Professional Services. This budget will be used to pay for any additional expenditures related to SB1383 that may occur during the fiscal year. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the June 14, 2022 Board of Director's regular meeting at District Headquarters and on the District website www.cmsdca.gov Alternative Actions Refer the matter back to staff File Attachments 2022 RFP-Costa Mesa Sanitary District SB 1383.pdf (15,084 KB) Workflow 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. Workflow Jun 7, 2022 1:22 PM :: Submitted by Nabila Guzman. Routed to Kaitlin Tran for approval. Jun 7, 2022 2:42 PM :: Rejected by Kaitlin Tran Jun 7, 2022 6:07 PM :: Submitted by Nabila Guzman. Routed to Kaitlin Tran for approval. Jun 7, 2022 6:08 PM :: Rejected by Nabila Guzman Jun 8, 2022 3:21 PM :: Submitted by Nabila Guzman. Routed to Lieu Tran for approval. Jun 9, 2022 3:52 PM :: Approved by Lieu Tran. Routed to Kaitlin Tran for approval. Jun 9, 2022 4:20 PM :: Approved by Kaitlin Tran. Routed to Scott Carroll for approval. Jun 9, 2022 4:33 PM :: Approved by Scott Carroll. Routed to Noelani Middenway for approval. Jun 9, 2022 5:03 PM :: Final approval by Noelani Middenway 6/9/22, 4:01 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public 12/20 C. ITEMS OF STUDY To: Board of Directors From: Scott Carroll, General Manager Date: June 14, 2022 Subject: Discuss Alternative Methods for Storing Food Waste Before Discarding into Organic Recycling Carts Summary SB 1383 requires food waste to be discarded in organic (green) recycling carts. CMSD provides a free kitchen pail to store food waste before discarding items in organic recycling carts. Residents are encouraged to use compostable bags and/or newspapers to control odors. To help encourage participation in the Organics Recycling Program and reduce contamination levels, the Board is requesting to discuss alternative methods for storing food waste before discarding said material into organic recycling carts. Recommendation That the Board of Directors provide feedback to staff. Analysis Alternative methods for storing food waste before discarding said materials into organic carts could include, but not limited to the following: 1. Line a double brown paper bag with newspaper. When full of food scraps, put entire bag into the organics recycling cart. 2. Use a reusable container with a tight fitting lid. It can be plastic, metal, glass, or ceramic. Large yogurt or margarine tubs, juice pitcher, glass jar, Tupperware, stainless steal canisters make containing food waste easy. Empty the container with food waste into the organics cart. The containers can be cleaned to be reused again. 3. Put leftovers in a container or wrap food waste in paper, then store in freezer until collection day. Empty the container with the frozen food waste into the organics cart or discard the paper containing frozen food scraps into the organics recycling cart. Upon Board direction, staff can begin promoting the alternative methods mentioned above as part of the District's SB 1383 Outreach Plan. 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 There are not financial impacts to the District for educating the public about alternative methods for storing food waste before discarding the materials into organic recycling carts. The District received $168,262 in State grant funds to help offset SB 1383 related expenditures. Public Notice Process Subject 5. Discuss Alternative Methods for Storing Food Waste Before Discarding into Organic Recycling Carts Meeting Jun 14, 2022 - Board of Directors Study Session Type Action Recommended Action That the Board of Directors provide feedback to staff Goals 2.0 Solid Waste 2.1 Solid Waste - Focus on generating less contaminated materials 2.8 Solid Waste - Recycle green waste and food scraps 6/9/22, 4:01 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public 13/20 Copies of this report are on file and will be included with the entire agenda packet for the June 14, 2022 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. Workflow Workflow Jun 7, 2022 4:23 PM :: Submitted by Scott Carroll. Routed to Nabila Guzman for approval. Jun 7, 2022 6:16 PM :: Approved by Nabila Guzman. Routed to Scott Carroll for approval. Jun 8, 2022 1:49 PM :: Approved by Scott Carroll. Routed to Noelani Middenway for approval. Jun 9, 2022 6:03 PM :: Final approval by Noelani Middenway 6/9/22, 4:01 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public 14/20 C. ITEMS OF STUDY To: Board of Directors Via: Scott Carroll, General Manager From: Gina Terraneo, Management Analyst II Date: June 14, 2022 Subject: Quarterly Legislative Update - Quarter 2 Summary The Quarterly Legislative Report provides the Board of Directors with analyses of measures pending at the state and congressional levels that are of interest to the District. On July 22, 2010, the Board of Directors gave authority to the President to write support and/or opposition letters on behalf of the Board if that position has been taken by an agency the District is a member of. For all other bills, staff recommendations for formal District positions on legislation will be agendized and presented for Board action at their regular Board of Directors meetings. When the Board takes formal action on a piece of legislation, the President will advocate the support or opposition of individual bills as approved by the Board. Recommendation That the Board of Directors receives and files the Quarterly Legislative Report. Analysis As of June 1, 2022, the following Congressional and State bills are of interest to the District and are summarized in the attached Quarterly Legislative Report for Quarter 2: CONGRESS PASSED: HR 3684 – Infrastructure Investment and Jobs Act SUPPORT: None OPPOSE: HR 2467 – PFAS Action Act of 2021 WATCH: HR 1352 – Water Affordability, Transparency, Equity, and Reliability Act of 2021 HR 2101 – ZERO WASTE Act HR 2159 – RECYCLE Act HR 2238 – Break Free From Plastic Pollution Act of 2021 HR 2821 – Plastic Waste Reduction and Recycling Research Act HR 4443 – COMPOST Act HR 4444 – Zero Food Waste Act HR 4602 – WIPPES Act HR 6088 – Water Infrastructure Modernization Act HR 6591 – PIPES Act S 923 – RECYCLE Act of 2021 S 984 – Break Free From Plastic Pollution Act of 2021 S 1918 – Battery and Critical Mineral Recycling Act of 2021 Subject 6. Receive and File Quarterly Legislative Report - Quarter 2 Meeting Jun 14, 2022 - Board of Directors Study Session Type Discussion, Receive and File Goals 6.6 Administrative Management - Stay informed of Federal and State legislation 6/9/22, 4:01 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public 15/20 S 2389 – Zero Food Waste Act S 3282 – Water Infrastructure Modernization Act of 2021 S 3742 – Recycling Infrastructure and Accessibility Act of 2022 S 3743 – Recycling and Composting Accountability Act S 3956 – WIPPES Act CA STATE LEGISLATURE CHAPTERED: AB 361 – Open meetings: local agencies: teleconferences AB 474 – California Public Records Act: conforming revisions AB 602 – Development fees: impact fee nexus study AB 818 – Solid waste: premoistened nonwoven disposable wipes AB 881 – Recycling: plastic waste: export AB 962 – California Beverage Container Recycling and Litter Reduction Act: reusable beverage containers AB 1201 – Solid waste: products: labeling: compostability and biodegradability AB 1276 – Single-use foodware accessories and standard condiments SB 219 – Property taxation: delinquent penalties and costs: cancellation: public health orders SB 274 – Local government meetings: agenda and documents SB 323 – Local government: water or sewer service: legal actions SB 343 – Environmental advertising: recycling symbol: recyclability: products and packaging SB 594 – Elections: redistricting SUPPORT: None OPPOSE: None WATCH: AB 1711 – Privacy: breach AB 1817 – Product safety: textile articles: perfluoroalkyl and polyfluoroalkyl substances (PFAS) AB 1857 – Solid waste AB 1872 – Election day holiday AB 1944 – Local government: open and public meetings AB 1985 – Organic waste: list: available products AB 1993 – Employment: COVID-19 vaccination requirements AB 2026 – Recycling: plastic packaging AB 2188 – Discrimination in employment: use of cannabis AB 2243 – Occupational safety and health standards: heat illness: wildfire smoke. AB 2247 – Perfluoroalkyl and polyfluoroalkyl substances (PFAS) and PFAS products and product components: publicly accessible reporting platform AB 2440 – Responsible Battery Recycling Act of 2022 AB 2647 – Local government: open meetings SB 45 – Short-lived climate pollutants: organic waste reduction goals: local jurisdiction assistance SB 54 – Plastic Pollution Producer Responsibility Act SB 892 – Cybersecurity preparedness: food and agriculture sector and water and wastewater systems sector SB 995 – Navigable waters: hazardous, medical, or human waste SB 1100 – Open meetings: orderly conduct SB 1111 – Trash receptacles and storage containers: reflective markings SB 1215 – Responsible Battery Recycling Act of 2022 Research for the quarterly legislative report is sourced from legislative analyses compiled by various individuals, organizations, and agencies, including the National Special District Coalition, California Special Districts Association, California Association of Sanitation Agencies, CalRecycle, Californians Against Waste, Orange County Sanitation District, and the websites of the District's state representatives. Important Upcoming Dates on the State Legislative Calendar: June 15 - Budget Bill must be passed by midnight. 6/9/22, 4:01 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public 16/20 June 30 - Last day for a legislative measure to qualify for the Nov. 8 General election ballot. July 1 - Last day f>Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the June 14, 2022 Board of Directors Study Session meeting held at District headquarters at 290 Paularino Avenue in Costa Mesa and posted on the District’s website. Alternative Actions 1. Direct staff to report back with more information. File Attachments Legislative Analysis Quarterly Report - Congressional - Q2.pdf (416 KB) Legislative Analysis Quarterly Report - State - Q2.pdf (299 KB) Workflow Workflow Jun 6, 2022 7:26 PM :: Submitted by Gina Terraneo. Routed to Scott Carroll for approval. Jun 8, 2022 1:46 PM :: Approved by Scott Carroll. Routed to Noelani Middenway for approval. Jun 9, 2022 6:03 PM :: Final approval by Noelani Middenway 6/9/22, 4:01 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public 17/20 C. ITEMS OF STUDY To: Board of Directors Via: Scott Carroll, General Manager From: David Griffin, Interim Code Enforcement Officer Date: June 14, 2022 Subject: Receive and File May 2022 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 May, 2022, 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 May, Interim Code Enforcement Officer (CEO) Griffin approached five (5) individuals after observing them scavenging from CMSD trash carts. In the same month he issued 72 warning notices to residents storing their trash carts in public view. Interim Officer Griffin observed graffiti on trash carts at 1761 Pomona Avenue. 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 June 14, 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 May 2022.pdf (963 KB) Workflow Subject 7. Receive and File May 2022 Code Enforcement Officer Report Meeting Jun 14, 2022 - Board of Directors Study Session Type Discussion Goals 2.0 Solid Waste 2.9 Solid Waste - Enhance Code Enforcement presence Workflow Jun 9, 2022 3:59 PM :: Submitted by Scott Carroll. Routed to Noelani Middenway for approval. Jun 9, 2022 6:03 PM :: Final approval by Noelani Middenway 6/9/22, 4:01 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public 18/20 C. ITEMS OF STUDY To: Board of Directors From: Scott Carroll, General Manager Date: June 14, 2022 Subject: Receive and File Citizens Advisory Committee FY 2022-23 Goals and Objective Schedule Summary According to Section III.D of the Citizens Advisory Committee (CAC) Handbook, each year the CAC Chair will meet and consult with the Board President and General Manager to determine the District's goals and objectives for the following year and convey those needs to the CAC. On May 11, 2022, a virtual meeting between Chairwoman Elodi Katz, President Bob Ooten and General Manager Scott Carroll occurred to discuss a list of goals and objectives for upcoming year. Recommendation That the Board of Directors provide direction to staff. Analysis On May 11, 2022, a virtual meeting between Chairwoman Elodi Katz, President Bob Ooten and General Manager Scott Carroll occurred to discuss a list of goals and objectives for upcoming year. After the virtual meeting, the group continued collaborating on a list of goals and objectives, via email. Attached is the schedule being proposed for CAC approval consideration at their July 13th meeting. Many topics to be discussed by the CAC conform to the District's FY 2020-25 Strategic Plan. Legal Review Not applicable Environmental Review Selecting topics to discuss at future CAC meetings and identifying goals and objectives for the coming year 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 There are no financial impacts to the District for selecting future CAC topics and identifying goals and objectives. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the June 14, 2022 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. File Attachments 2022-23 CAC Workplan.pdf (67 KB) Workflow Subject 8. Receive and File Citizens Advisory Committee FY 2022-23 Goals and Objective Schedule Meeting Jun 14, 2022 - Board of Directors Study Session Type Discussion Workflow Jun 7, 2022 1:21 PM :: Submitted by Scott Carroll. Routed to Noelani Middenway for approval. Jun 9, 2022 6:06 PM :: Final approval by Noelani Middenway 6/9/22, 4:01 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public 19/20 D. CLOSING ITEMS Subject 1. Oral Communications and Director Comments Meeting Jun 14, 2022 - Board of Directors Study Session Type 6/9/22, 4:01 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public 20/20 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, July 12, 2022 in the District's Boardroom, located at 290 Paularino Avenue, Costa Mesa, CA 92626. Subject 2. Adjournment Meeting Jun 14, 2022 - Board of Directors Study Session Type Procedural