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Tuesday, September 13, 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 SEPTEMBER 13, 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
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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 Oral Report Regarding CMSD Cybersecurity Program
2. Receive and File August 2022 Code Enforcement Officer Report
3. Receive and File Quarterly Legislative Report - Quarter 3
4. 2022 Missed Trash Pick-Up (January - August)
5. Consider Delaying Roll-Out of 3-Cart Solid Waste Collection System to Begin in January 2025
D. CLOSING ITEMS
1. Oral Communications and Director Comments
2. Adjournment
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Tuesday, September 13, 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 SEPTEMBER 13, 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 Sep 13, 2022 - Board of Directors Study Session
Access Public
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Robert Ooten, President
Michael Scheafer, Vice President
Arlene Schafer, Secretary
Arthur Perry, Director
Brett Eckles, Director
Type Procedural
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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 13, 2022 - Board of Directors Study Session
Access Public
Type Procedural
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C. ITEMS OF STUDY
To: Board of Directors
From: Scott Carroll, General Manager
Date: September 13, 2022
Subject: Receive and File Oral Report Regarding CMSD Cybersecurity Program
Summary
In light of the recent cyber attack at Los Angles Unified School District, staff believes its warranted to have our IT consultant, Acorn
Technology Services (ATS), give the Board a brief synopsis of the steps taken to thwart cyber attacks against the District.
Recommendation
That the Board of Directors receive and file this report.
Analysis
The oral report from ATS will be high level where ATS will share generalities of the District's cybersecurity programs instead of focusing
on details. We do not want to provide too much information that would give potential attackers the upper hand of your system. The
information shared tonight will be enough to assure the Board and the public that necessary steps have been taken to prevent attacks.
Legal Review
Not applicable
Environmental Review
Receiving an oral report regarding the District's cybersecurity program is an administrative matter and 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
The contract amount with Acorn Technology Services is $76,392.22.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the September 13, 2022 Board of Directors
Study Session meeting held via teleconference and posted on the District’s website.
Alternative Actions
1. Direct staff to report back with more information.
Subject 1. Receive and File Oral Report Regarding CMSD Cybersecurity Program
Meeting Sep 13, 2022 - Board of Directors Study Session
Access Public
Type Discussion
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C. ITEMS OF STUDY
To: Board of Directors
Via: Scott Carroll, General Manager
From: David Griffin, Interim Code Enforcement Officer
Date: September 13, 2022
Subject: Receive and File August 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 August, 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 August, Interim Code Enforcement Officer (CEO) Griffin approached one individual 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.
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 September 13, 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 August 2022.pdf (247 KB)
Subject 2. Receive and File August 2022 Code Enforcement Officer Report
Meeting Sep 13, 2022 - Board of Directors Study Session
Access Public
Type Receive and File
Goals 2.0 Solid Waste
2.9 Solid Waste - Enhance Code Enforcement presence
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C. ITEMS OF STUDY
To: Board of Directors
Via: Scott Carroll, General Manager
From: Gina Terraneo, Management Analyst II
Date: September 13, 2022
Subject: Quarterly Legislative Update - Quarter 3
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 August 26, 2022, the following Congressional and State bills are of interest to the District and are summarized in the attached
Quarterly Legislative Report for Quarter 3:
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
Subject 3. Receive and File Quarterly Legislative Report - Quarter 3
Meeting Sep 13, 2022 - Board of Directors Study Session
Access Public
Type Discussion, Receive and File
Goals 6.6 Administrative Management - Stay informed of Federal and State legislation
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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
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 54 – Solid waste: reporting, packaging, and plastic food service ware
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
SB 1100 – Open meetings: orderly conduct
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: recovered organic waste product procurement targets
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 data collection interface
AB 2440 – Responsible Battery Recycling Act of 2022
AB 2449 – Open meetings: local agencies: teleconferences
AB 2647 – Local government: open meetings
SB 45 – Short-lived climate pollutants: organic waste reduction goals: local jurisdiction assistance
SB 892 – Cybersecurity preparedness: food and agriculture sector and water and wastewater systems
sector
SB 995 – Navigable waters: hazardous, medical, or human waste
SB 1111 – Trash receptacles and storage containers: reflective markings
SB 1215 – Electronic Waste Recycling Act of 2003: covered battery-embedded products
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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 Legislative Calendar:
September 30 – Last day for the Governor to sign or veto any bills passed by the Legislature before September 1 and in the
Governor's possession on or after September 1.
Legal Review
Not applicable
Environmental Review
Consideration of pending legislation is an administrative matter and 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
Not applicable.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the September 13, 2022 Board of Directors
Study Session meeting held via teleconference 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 - Q3.pdf (232 KB)
Legislative Analysis Quarterly Report - State - Q3.pdf (308 KB)
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C. ITEMS OF STUDY
To: Board of Directors
From: Scott Carroll, General Manager
Date: September 13, 2022
Subject: 2022 Missed Trash Pick-Up (January - August)
Summary
The Board of Directors requested monthly updates regarding the progress being made to consistently reduce the number of missed trash
pick-ups occurring in the community.
Recommendation
That the Board of Directors receive and file this report.
Analysis
There were a total of 634 missed trash pick-ups during the past seven months of 2022. Attached is the breakdown of the missed pick-ups
by month. The data collected is from residents logging complaints in CMSD's online Citizen Request Management System (GoGov) and
receiving complaints residents logged in at Costa Mesa city hall. The data represents the number of homes that did not have their trash
picked up on their regularly scheduled collection day. The primary reasons for service delays are truck breakdowns and unscheduled
leave from drivers.
Legal Review
Not applicable
Environmental Review
Receiving an update on missed trash collection requests is an administrative matter and 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 no financial impacts to the District for creating this report.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the September 13, 2022 Board of Directors
Study Session meeting held at 290 Paularino Avenue, Costa Mesa and posted on the District’s website.
Alternative Actions
1. Direct staff to report back with more information.
File Attachments
Missed Trash Pick-Up.pdf (79 KB)
Subject 4. 2022 Missed Trash Pick-Up (January - August)
Meeting Sep 13, 2022 - Board of Directors Study Session
Access Public
Type Discussion
Goals 2.0 Solid Waste
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C. ITEMS OF STUDY
To: Board of Directors
From: Scott Carroll, General Manager
Date: September 13, 2022
Subject: Consider Delaying Roll-Out of 3-Cart Solid Waste Collection System to Begin in January 2025
Summary
For the past year, staff has been negotiating a contract amendment with CR&R Environmental Services necessary to ensure the District
stays in compliance with SB 1383 regulations (California Short-Lived Climate Pollutant Reduction Strategy). Currently, the District is in
compliance with SB 1383, however paper and cardboard are identified organic waste materials that may ultimately not count as
“recycled” under new mixed waste processing facility requirements. SB 1383 regulations require mixed waste processing to only occur at
State-designation high diversion rate facilities. These facilities must undergo a series of reviews to establish then can divert 50% of the
organic wastes received prior to 2025, and 75% thereafter.
Our negotiations were prompted by CR&Rs expressed desire to move away from a 2-cart system as they were not certain they would
elect to qualify as a high diversion rate facility. CR&R has currently transitioned all their Orange County clients to 3-cart systems which
require customers source-separate paper and cardboard (and other recyclable) into a clean recyclables-only container.
Our negotiations originally intended to have the roll-out of a 3-cart system, which will require every District customer to receive one blue
cart for source-separated recyclables while at the same time removing one of their mixed waste carts, to occur in June 2023, with
collection beginning in July 2023. CR&R would deliver one blue container for mixed recyclables, removing the second mixed waste cart.
However, staff and CR&R now believe it would serve in the District's best interest if the 3-cart system is delayed until January 2025 for
the reasons described in the analysis below.
Recommendation
That the Board of Directors provide direction to staff.
Analysis
The District is in compliance with SB 1383 because the law allows jurisdictions to utilize a mixed waste collection system (2-carts) as long
as the organics are transported to a high diversion organic waste processing facility. CalRecycle defines a "high diversion organic waste
processing facility" that meets or exceeds an annual average mixed waste organic content recovery rate of 50 percent on and after
January 1, 2022 and 75 percent on and after January 1, 2025. The District is meeting the 50 percent threshold.
Staff believes we could delay rolling out the 3-cart system until January 1, 2025 for several reasons.
1. By 2025, the implementation of SB 1383 will be three years past, which means lessons learned on how effective the law has been in
achieving the State's overall goal of reducing organic waste disposal by 75% will be available. CalRecycle may decide to amend SB 1383
regulations to be less restrictive.
2. High diversion organic waste processing facilities may become available by 2025 that will allow the District to maintain its 2-cart
system.
3. The District will have more time to educate the public about SB 1383 and the possibility of converting to a 3-cart system.
Subject 5. Consider Delaying Roll-Out of 3-Cart Solid Waste Collection System to Begin in
January 2025
Meeting Sep 13, 2022 - Board of Directors Study Session
Access Public
Type Discussion
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
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4. Solid waste rates from other OC jurisdictions will be adjusted from now through 2024, which could demonstrate the District's proposed
rate for SB 1383 is near the County's average by 2025.
5. CR&R can focus on obtaining more drivers and customer service representatives, as well as placing new units in service to reduce
missed collections.
The District will continue complying with SB 1383 by maintaining records, performing education and outreach, conducting solid waste
characterization studies and in 2024, begin an inspection and enforcement program to ensure organic waste generators are complying
with the requirements.
Legal Review
Not applicable at this time. However, District Counsel will be involved by reviewing and editing the draft contract between District and
CR&R. It is anticipated that a contract will be presented to the Board for approval consideration by the end of 2022.
Environmental Review
Complying to the requirements of SB 1383, which requires 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
There are no financial impacts to the District for continuing to utilize a mixed waste collection system (2-carts). However, there will be
financial impacts to the District for converting to a source separating system (3-carts). The financial impacts are still pending until
contract negotiations with CR&R are complete.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the September 13, 2022 Board of Directors
Study Session meeting held via teleconference and posted on the District’s website.
Alternative Actions
1. Direct staff to implement a source separating system (3-carts) by July 1, 2023.
th
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D. CLOSING ITEMS
Subject 1. Oral Communications and Director Comments
Meeting Sep 13, 2022 - Board of Directors Study Session
Access Public
Type
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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, October 11, 2022 in
the District's Boardroom, located at 290 Paularino Avenue, Costa Mesa, CA 92626.
Subject 2. Adjournment
Meeting Sep 13, 2022 - Board of Directors Study Session
Access Public
Type Procedural