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2022_09_13_ss9/8/22, 3:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#1/2 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 9/8/22, 3:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#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. 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 9/8/22, 3:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#1/13 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 9/8/22, 3:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#2/13 Robert Ooten, President Michael Scheafer, Vice President Arlene Schafer, Secretary Arthur Perry, Director Brett Eckles, Director Type Procedural 9/8/22, 3:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#3/13 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 9/8/22, 3:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#4/13 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 9/8/22, 3:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#5/13 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 9/8/22, 3:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#6/13 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 9/8/22, 3:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#7/13 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 9/8/22, 3:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#8/13 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) 9/8/22, 3:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#9/13 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 9/8/22, 3:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#10/13 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 9/8/22, 3:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#11/13 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 9/8/22, 3:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#12/13 D. CLOSING ITEMS Subject 1. Oral Communications and Director Comments Meeting Sep 13, 2022 - Board of Directors Study Session Access Public Type 9/8/22, 3:52 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#13/13 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