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2022_12_13_ss12/8/22, 3:47 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#1/2 Tuesday, December 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 DECEMBER 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 12/8/22, 3:47 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 the 2022 Certified Election Results 2. Administration of the Oath of Office to Directors Schafer, Ooten, and Scheafer 3. Receive and File November 2022 Code Enforcement Officer Report 4. Receive and File Waste Composition Studies #4 from Michael Balliet Consulting 5. Third Review of Draft Agreement Amendment with CR&R Incorporated 6. Consider Adopting Resolution No. 2022-976 Authorizing Remote Meetings D. CLOSING ITEMS 1. Oral Communications and Director Comments 2. Adjournment 12/8/22, 3:47 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#1/15 Tuesday, December 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 DECEMBER 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 Dec 13, 2022 - Board of Directors Study Session Access Public 12/8/22, 3:47 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#2/15 Robert Ooten, President Michael Scheafer, Vice President Arlene Schafer, Secretary Arthur Perry, Director Brett Eckles, Director Type Procedural 12/8/22, 3:47 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#3/15 B. PUBLIC COMMENTS - This time has been set aside for persons in the audience to make comments on items within the subject matter jurisdiction of the Costa Mesa Sanitary District that are not listed on this agenda. Members of the public will have the opportunity to address the Board of Directors about all other items on this agenda at the time those items are considered. Under the provisions of the Brown Act, the Board of Directors is prohibited from taking action on oral requests but may refer the matter to staff or to a subsequent meeting. The Board of Directors will respond after public comment has been received. Please state your name. Each speaker will be limited to four (4) continuous minutes. Subject 1. Public Comments Meeting Dec 13, 2022 - Board of Directors Study Session Access Public Type Procedural 12/8/22, 3:47 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#4/15 C. ITEMS OF STUDY To: Board of Directors Via: Scott Carroll, General Manager From: Noelani Middenway, District Clerk/Public Information Officer Date: December 13, 2022 Subject: Receive and File November 8, 2022 Certified Election Results Summary The November 8, 2022 election resulted in the re-election of incumbents Mike Scheafer (Division 1), Bob Ooten (Division 3), and Arlene Schafer (Division 5), to serve a four-year term ending in December 2026. Recommendation That the Board of Directors receive and file the November 8, 2022 certified election results. Analysis The Orange County Registrar of Voters has certified the November 8, 2022 election results and confirmed the re-election of Mike Scheafer (Division 1), Bob Ooten (Division 3), and Arlene Schafer (Division 5), to serve a four-year term ending in December 2026. The election results are as follows: Division 1 Candidate Name Vote Count Mike Scheafer 4,766 Michael Andrew Seiden 2,410 Division 3 Candidate Name Vote Count Bob Ooten 2,936 John Mourani 1,395 Division 5 Candidate Name Vote Count Arlene Schafer 4,084 Dean Howard 3,138 Legal Review Not applicable. Environmental Review The results of the November 8, 2022 is not a disturbance of the environment similar to grading or construction and is not a project under CEQA or the District's CEQA Guidelines. Financial Review The election costs were budgeted at $80,000. Public Notice Process Copies of this report are on file and will be included in the agenda packet for the December 13, 2022 Board of Directors meeting at District Headquarters and made available on the District's website at www.cmsdca.gov. Alternative Actions Subject 1. Receive and file the 2022 Certified Election Results Meeting Dec 13, 2022 - Board of Directors Study Session Access Public Type Receive and File 12/8/22, 3:47 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#5/15 That the Board direct staff to report back with more information. File Attachments Statement of Votes Certification Page 11.8.22.pdf (726 KB) Election Certificate - Costa Mesa Sanitary District.pdf (79 KB) Costa Mesa Sanitary District Division 5 - RESULTS.pdf (122 KB) Costa Mesa Sanitary District Division 3 - RESULTS.pdf (117 KB) Costa Mesa Sanitary District Division 1 - RESULTS.pdf (123 KB) 2022_11_08_mscheafer_certificate_of_election.pdf (798 KB) 2022_11_08_booten_certificate_of_election.pdf (812 KB) 2022_11_08_aschafer_certificate_of_election.pdf (789 KB) 12/8/22, 3:47 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#6/15 C. ITEMS OF STUDY File Attachments oath_of_office_public_officers_employees.pdf (67 KB) Subject 2. Administration of the Oath of Office to Directors Schafer, Ooten, and Scheafer Meeting Dec 13, 2022 - Board of Directors Study Session Access Public Type Procedural 12/8/22, 3:47 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#7/15 C. ITEMS OF STUDY To: Board of Directors Via: Scott Carroll, General Manager From: David Griffin, Interim Code Enforcement Officer Date: December 13, 2022 Subject: Receive and File November 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 November, 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 November, Interim Code Enforcement Officer (CEO) Griffin approached one individual after observing them scavenging from CMSD trash carts. In the same month he issued 60 warning notices to residents storing their trash carts in public view. No cases of graffiti on trash carts were observed. 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 December 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 November 2022.pdf (253 KB) Subject 3. Receive and File November 2022 Code Enforcement Officer Report Meeting Dec 13, 2022 - Board of Directors Study Session Access Public Type Discussion Goals 2.0 Solid Waste 2.9 Solid Waste - Enhance Code Enforcement presence 12/8/22, 3:47 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#8/15 C. ITEMS OF STUDY To: Board of Directors Via: Scott Carroll, General Manager From: Nabila Guzman, Management Analyst I Date: December 13, 2022 Subject: Receive and File Waste Composition Studies #4 from Michael Balliet Consulting Summary On November 15, 2022, Michael Balliet Consulting (MBC) performed two waste composition studies to determine the amount of organic waste contamination in mixed-waste collection routes. This report, along with the attachments, describes MBC findings. Two studies were performed because District staff had requested the review of three loads and CR&R staff only had one load prepared. MBC had to wait until later in the day to sort through the remaining loads resulting in part two of study #4. Recommendation That the Board of Directors provide comments regarding the results of the Solid Waste Characterization Studies conducted on November 15, 2022. Analysis The focus area for the first study included a mixed waste route collecting in East 19th and East 15th Streets to the North and South, and Orange Avenue and Irvine Ave to the West and East. The material was transported to CR&R's transfer station in Stanton and dumped onto a clean sorting area in order for the material to be sorted. A total of 216.20 pounds of mixed waste was sorted into six material type categories, the categories and their respective weights are included below: CATEGORY TOTAL POUNDS PERCENTAGE Green Waste 9.10 4.21% Food Waste 12.90 5.97% Paper and Cardboard 37.50 17.35% Recyclable Containers 25.10 11.61% Other Recyclables 10.00 4.63% Trash 121.60 56.24% The second study was focused on a route collecting in W. 19th and W 15th Streets to the North and South, and Whittier Avenue and Tustin Ave to the West and East. A total of 217.20 pounds of mixed waste was sorted into six material type categories, the categories and their respective weights are included below: CATEGORY TOTAL POUNDS PERCENTAGE Green Waste 2.70 1.24% Food Waste 28.60 13.17% Subject 4. Receive and File Waste Composition Studies #4 from Michael Balliet Consulting Meeting Dec 13, 2022 - Board of Directors Study Session Access Public Type Action, Discussion Recommended Action That the Board of Directors provide comments regarding the results of the Solid Waste Characterization Studies conducted on November 15, 2022. Goals 2.8 Solid Waste - Recycle green waste and food scraps 2.6 Solid Waste - Improve waste stream and recycling reporting 2.1 Solid Waste - Focus on generating less contaminated materials 2.0 Solid Waste 12/8/22, 3:47 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#9/15 Paper and Cardboard 29.90 13.77% Recyclable Containers 32.40 14.92% Other Recyclables 3.30 1.52% Trash 120.30 55.39% Under SB 1383, Green Waste and Food Waste are considered "prohibited container contaminants" and it is what CMSD and CR&R will be looking for starting in July 2023. The presence of these contaminants could result in fines to residents if the behavior is not corrected after receiving notice from CMSD/CR&R. These waste characterization studies will result in education and outreach from CMSD staff to help minimize contamination before SB 1383 notices and fines are officially issued in 2023. Based upon the November 15, 2022 sampling, in the first study, 10.18% of the load was prohibited materials, and 14.41% in the second. The contaminant level from the previous three studies were as follows: 24.26% Santa Ana Heights neighborhood (Completed on 12/8/2021) 14.31% Killybrook neighborhood (Completed on 5/19/2022) 19.88% Wilson and Santa Isabel St neighborhood (Completed on 7/13/2022) The acceptable contaminant level under SB 1383 is 10%. Residents along the route in part two of the study will be receiving education material from CMSD in the coming weeks. 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 The cost for MBC to perform each waste composition study was $3,500. This cost was budgeted in the FY 2022-23 Budget. Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the December 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 11-15-22 Waste Composition Study.pdf (1,902 KB) 11-12-22 Waste Composition #2.pdf (1,838 KB) 12/8/22, 3:47 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#10/15 C. ITEMS OF STUDY To: Board of Directors Via: Scott Carroll, General Manager From: Nabila Guzman, Management Analyst I Subject: Third Review of Draft Agreement Amendment with CR&R Incorporated Summary Since February 2022, District staff and solid waste consultant, Michael Balliet Consulting (MBC) have been in negotiations with CR&R Incorporated (CR&R) for a new SB 1383 compliant solid waste agreement. On October 13, 2022, the Board reviewed and discussed the agreed upon negotiated bullet points of the proposed amendment. On October 24, 2022 and November 28, 2022, the Board reviewed and discussed the draft amendment. Today, staff is presenting the third draft amendment that includes additional revisions to the proposed amendment made by staff and sent to CR&R for final review. Recommendation That the Board of Directors review the second draft amendment and provide staff with feedback. Analysis After the Board reviewed and commented on the second draft amendment, staff made final revisions. The revisions and comments were sent to CR&R and District legal counsel for review. The revisions in the draft amendment are shown in red in the attachment and listed below: 1. CPI Requests. Sections 3.4 and 3.4.1 were updated with suggested language from our District Treasurer. 2. Article 5. Language was added to clarify that requesting a second trash, second organics or third organics cart will result in an additional cart fee. When a three-cart system is implemented our basic level of service will be one trash, one recycling, and up to two organic carts. Anything above this level of service results in an additional cart fee. 3. Liquidated damages. We have requested to clarify with CR&R the benchmark of homes to be missed on a monthly basis before a fee is applied. Added liquidated damage C3, which required a 90-second hold time for customer service calls. 4. Added Exhibits A and B. Exhibit A states the per tonnage fees CMSD will pay when the roll-out of the three-cart system is complete. Exhibit B is a list of auxiliary services and their costs that need to be completed by CR&R. Legal Review This version of the draft amendment has been sent to District Counsel for final review. Environmental Review Reviewing and providing feedback on the proposed amended contract with CR&R Incorporated 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. However, there may be financial impacts to the District when the 3- cart system is rolled out. Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the December 13, 2022 Board of Directors study session meeting at District Headquarters and posted on the District’s website at www.cmsdca.gov. Alternative Actions Subject 5. Third Review of Draft Agreement Amendment with CR&R Incorporated Meeting Dec 13, 2022 - Board of Directors Study Session Access Public Type 12/8/22, 3:47 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#11/15 1. Direct staff to report back with more information. File Attachments Third Draft Amendment to CR&R Agreement.docx (77 KB) 12/8/22, 3:47 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#12/15 C. ITEMS OF STUDY To: Board of Directors From: Alan Burns, District Counsel Date: December 13, 2022 Subject: Consider Adopting Resolution No. 2022-976 Authorizing Remote Meetings Summary The Governor has now signed AB 361 which continues the authority to have remote meetings, provided certain findings are made. The Board will need to determine if it desires to continue with remote meetings, or at least have the option of remote meetings, and if so, adopt a resolution making findings. Recommendation That the Board of Directors adopt Resolution No. 2022-976 authorizing remote meetings. Analysis The Brown Act authorized teleconferenced meetings provided all locations involved in the call were accessible to the public and a public agenda was posted outside the location. With the COVID 19 pandemic, the Governor issued an Executive Order (N-25-20) on March 4, 2020, which authorized remote meetings provided the meetings are accessible to the public, that agendas are prepared in advance, and the public has a right to comment on meeting items. N-25-20 was set to expire on September 30, 2021. The Legislature just passed AB 361 which revises the Brown Act to allow remote meetings to continue, subject to the making of certain findings. The passage of this law created confusion since it was effective immediately, but public agencies were relying on the older Executive Order to be able to conduct their meetings through September 30, 2021. The Governor just issued Executive Order (N-15-21) which will authorize public agencies to rely on the prior Executive Order until Sep 30, 2021, at which time it expires. AB 361 is now in effect as an urgency statute. It authorizes a public agency to use remote conferencing provided a State of Emergency exists and the local agency has imposed or recommended social distancing. Findings must be made, as discussed below. We are required to notice the meeting and post agendas, allow the public to address the body in a meaningful manner, and by call-in or internet- based service option. In the event of a disruption of the teleconferencing, the meeting must stop. Public comments are not allowed to be required in advance of the meeting. If a state of emergency exists and social distancing is recommended, the Board must adopt a resolution at its first meeting, and every 30 days thereafter, making at least one of the following findings: that the state of emergency continues to exist, that the state of emergency continues to directly impact the ability of persons to meet safely in person, or that state or local officials continue to impose or recommend social distancing. The Governor has announced that the COVID state of emergency declaration will end on February 28, 2023. At that point, we will no longer be able to hold emergency teleconference meetings pursuant to AB 361. AB 2449 will then provide some authority to attend remotely under specified conditions. AB 2449 will remain in effect through 2025. After that, the traditional teleconferencing rules will remain in effect. Legal Review District Counsel has prepared this staff report and Resolution No. 2022-976. Environmental Review Subject 6. Consider Adopting Resolution No. 2022-976 Authorizing Remote Meetings Meeting Dec 13, 2022 - Board of Directors Study Session Access Public Type Action Recommended Action That the Board of Directors adopt Resolution No. 2022-976 authorizing remote meetings. Goals 6.0 Administrative Management 12/8/22, 3:47 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#13/15 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 no financial impacts to the District for adopting Resolution No. 2022-976. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the December 13, 2022 Study Session at District Headquarters and on District website at www.cmsdca.gov. Alternative Actions 1. Do not adopt Resolution No. 2022-976 and conduct meetings under standard Brown Act provisions (i.e., meeting in-person or teleconferencing and adhering to the requirements of subdivision (b) of California Government Code section 54953, because all Executive Orders related to the Brown Act are expired after that date), 2. Do not adopt Resolution No. 2022-976 and direct staff to report back with more information. File Attachments reso_2022-976_remote_meetings.pdf (39 KB) 12/8/22, 3:47 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#14/15 D. CLOSING ITEMS Subject 1. Oral Communications and Director Comments Meeting Dec 13, 2022 - Board of Directors Study Session Access Public Type 12/8/22, 3:47 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#15/15 D. CLOSING ITEMS The next Study Session of the Costa Mesa Sanitary District Board of Directors will be held at 8:00 a.m. on Tuesday, January 10, 2023 in the District's Boardroom, located at 290 Paularino Avenue, Costa Mesa, CA 92626. Subject 2. Adjournment Meeting Dec 13, 2022 - Board of Directors Study Session Access Public Type Procedural