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Tuesday, January 10, 2023
Board of Directors Study Session
Time: 8:00 a.m.
Location: Costa Mesa Sanitary District - 290 Paularino Ave., Costa Mesa, CA 92626
***
IMPORTANT NOTICE REGARDING JANUARY 10, 2023 STUDY SESSION MEETING
This teleconferenced meeting will utilize electronic means consistent with State of California
Assembly Bill 361 (Gov. Code § 54953(b)(3)). This meeting is subject to change to be a remote
meeting.
***
The livestream of the meeting can be viewed by clicking the "Video" icon on this page (which will be
made available at the start of the meeting) or by visiting www.youtube.com/CostaMesaSanitary.
***
To participate in the meeting by computer:
1. Copy and past the following into your browser - https://us02web.zoom.us/join
2. Enter the Meeting ID number - 825 2896 6090
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 825 2896 6090#
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
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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.
C. ITEMS OF STUDY
1. Receive and File December 2022 Code Enforcement Officer Report
2. Fourth Review of Draft Agreement Amendment with CR&R Incorporated
3. Consider Providing Bin Service for Equestrian Properties in Santa Ana Heights
D. CLOSING ITEMS
1. Oral Communications and Director Comments
2. Adjournment
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Tuesday, January 10, 2023
Board of Directors Study Session
Time: 8:00 a.m.
Location: Costa Mesa Sanitary District - 290 Paularino Ave., Costa Mesa, CA 92626
***
IMPORTANT NOTICE REGARDING JANUARY 10, 2023 STUDY SESSION MEETING
This teleconferenced meeting will utilize electronic means consistent with State of California
Assembly Bill 361 (Gov. Code § 54953(b)(3)). This meeting is subject to change to be a remote
meeting.
***
The livestream of the meeting can be viewed by clicking the "Video" icon on this page (which will be
made available at the start of the meeting) or by visiting www.youtube.com/CostaMesaSanitary.
***
To participate in the meeting by computer:
1. Copy and past the following into your browser - https://us02web.zoom.us/join
2. Enter the Meeting ID number - 825 2896 6090
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 825 2896 6090#
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.)
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Michael Scheafer, President
Arlene Schafer, Vice President
Arthur Perry, Secretary
Robert Ooten, Vice Secretary
Brett Eckles, Director
Meeting Jan 10, 2023 - Board of Directors Study Session
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Type
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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: January 10, 2023
Subject: Receive and File December 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 December, 2022, the CMSD Interim Code Enforcement Officer (CEO) focused his efforts on
patrols in various parts of the community. The goal is to identify and deter instances of scavenging and residential trash carts left within
the public view.
Recommendation
That the Board of Directors receives and files this report.
Analysis
In the month of December, Interim CEO Griffin approached one individual after observing them scavenging from CMSD trash carts. In the
same month he issued 126 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 January 10, 2023 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 December 2022.pdf (275 KB)
Subject 1. Receive and File December 2022 Code Enforcement Officer Report
Meeting Jan 10, 2023 - Board of Directors Study Session
Access Public
Type Discussion
Goals 2.0 Solid Waste
2.9 Solid Waste - Enhance Code Enforcement presence
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C. ITEMS OF STUDY
Subject 2. Fourth Review of Draft Agreement Amendment with CR&R Incorporated
Meeting Jan 10, 2023 - Board of Directors Study Session
Access Public
Type Action
Recommended Action That the Board of Directors direct staff to bring back the final version of the amended
agreement with CR&R Incorporated to the January 23, 2023 Board of Directors meeting for
approval consideration.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Nabila Guzman, Management Analyst I
Subject: Fourth 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, November 28, 2022, November 13, 2022, and
December 13, 2022 the Board reviewed and discussed the draft amendment.
Today, staff is presenting the fourth 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 direct staff to bring back the final version of the amended agreement with CR&R Incorporated to the January
23, 2023 Board of Directors meeting for approval consideration.
Analysis
After the Board reviewed and commented on the third 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. Adding AB 1594, Green Material Used as Alternative Daily Cover under Recitals.
2. Updated "Food Scraps" definition to include fats, oils, and grease (FOG) as acceptable waste.
3. Section 3.1.2.1 Provided a date for CR&R to complete a cart inventory/occupancy count.
4. Section 3.4 Updated language to include that CPI requests by CR&R are capped at 5% for the term of the agreement.
5. Section 5 Added cart label language as requested by the Board of Directors and added a minimum notice
requirement for notification of compostable plastic collection in organics cart.
6. Section 7.3 Liquidated damages are subject to CPI increases
7. Section 14 Added waiver notification dates
8. Exhibit A - Liquidated damages will be applied on an annual basis. Updated missed trash collections to an annual
total.
9. Exhibit B - Rates listed in Exhibit B are subject to CPI increases at the time of the three-cart program
implementation.
10. Created exhibits C, D, and E.
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
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File Attachments
Fourth Amendment to Agreement_.docx (86 KB)
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 January 10, 2023 Board of Directors regular
meeting at District Headquarters and posted on the District’s website at www.cmsdca.gov.
Alternative Actions
1. Direct staff to report back with more information.
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C. ITEMS OF STUDY
To: Board of Directors
From: Scott Carroll, General Manager
Date: January 10, 2023
Subject: Consider Providing Bin Service for Equestrian Properties in Santa Ana Heights
Summary
CMSD provides curbside solid waste and recycling collection services for residents residing in the Santa Ana Heights neighborhood,
which is bounded by Upper Newport Bay to the south, Santa Ana Avenue to the west, Bristol Street to the north, and the Bayview Terrace
area (near the Marriott Suites) to the east. Santa Ana Heights was annexed to the City of Newport Beach in two segments – the area east
of Irvine Avenue came into the city in January of 2002 and the area west of Irvine Avenue came in on January 1, 2008.
A portion of Santa Ana Heights is zoned residential equestrian recreational use, which allows properties to own and stall horses (See
Attachment A). These properties cannot use CMSD’s green waste carts to dispose of their horse waste because of the weight limitation
for lifting carts, so the property owners must resort to using commercial bins.
A Santa Ana Heights resident is complaining to city officials that refuse trucks are disruptive because they are in his neighborhood six
days a week collecting and emptying horse waste. City officials have reached out to staff to inquire the District’s interest to providing bin
service in the Santa Ana Heights neighborhood.
Recommendation
That the Board of Directors provide direction to staff.
Analysis
What’s the difference between cart and bin service?
Carts are associated with curbside solid waste and recycling collection programs for single family household
residents. Carts replaced the traditional trash can by having a uniform method for collecting and emptying
solid waste and recycling materials. The cart sizes can range from 35 to 95 gallons, but all carts are collected
and emptied the same way using a mechanical arm on the side of a refuse truck that is called a “side loader”.
The automated collection system is more efficient and safer than manual collection because the driver does
not have to leave his/her truck to empty the carts. Carts are emptied once per week for a flat monthly rate.
Subject 3. Consider Providing Bin Service for Equestrian Properties in Santa Ana Heights
Meeting Jan 10, 2023 - Board of Directors Study Session
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Type Action
Recommended Action That the Board of Directors provide direction to staff.
Goals 2.0 Solid Waste
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Bins are used for collecting waste that’s generated by commercial/industrial
businesses and/or large multi-family complexes. Bin sizes range from two to four
cubic yards, but 3-cubic yard bins are the most common. The driver must get out of
his/her truck to remove the bin from its enclosure and/or storage space and then line
it up in front of the refuse truck, which is called a “front loader,” to be emptied. The
forks in front of the refuse truck lift the bins over the truck and into the packer in the
rear. Collection frequency ranges from once to three times weekly and the monthly
cost is associated with collection frequencies.
CMSD has been providing solid waste collection services in the Santa Ana Heights neighborhood since the 1950’s. When the City of
Newport Beach annexed Santa Ana Heights in 2002 and 2008, the city decided to allow CMSD to continue providing solid waste and
recycling collection services because the service could have put a strain on the city’s budget and operations. In 2002 and 2008, the city
had its own solid waste collection program where city refuse trucks and employees were used for collecting solid waste materials in the
city. When the city contracted solid waste and recycling collection services with CR&R in 2013, they did not expand the services to Santa
Ana Heights because service continues to be funded from the city’s general fund. Since 1976, the Orange County Local Agency
Formation Commission (OC LAFCO) has given CMSD the authority to provide solid waste and recycling collection services in Santa Ana
Heights by adopting CMSD sphere of influence (SOI). An SOI is a long-range planning tool that guides future LAFCO decisions on
individual jurisdictional boundary changes, incorporation proposals, district formation, and proposals for consolidation, merger, or
formation of subsidiary districts.
There are approximately 21 residential properties in Santa Ana Heights that have horse stalls. The properties cannot use carts for
disposing of horse waste because of the weight limitation for lifting carts; therefore, property owners must resort to using bins. The City
of Newport Beach has a non-exclusive franchise agreement with 21 private companies for collecting and recycling solid waste materials
from commercial businesses and multifamily dwellings of five or more units. Businesses and multifamily dwellings can contact anyone of
the 21 private companies to find a fair and competitive cost to provide bin services. Because CMSD does not provide bin services, Santa
Ana Heights property owners must use the city’s non-exclusive franchise program to receive the service. Currently, there are four haulers
providing bin services to residential properties in Santa Ana Heights. They are:
CR&R
Republic Services
Ware Disposal
Waste Management of Orange County
A Santa Ana Heights resident is complaining to city officials that his neighborhood is experiencing constant disruption and noise blight
because of refuse trucks being in his neighborhood six days a week. The city is seeking CMSD’s assistance to find a solution. One
possible solution is to have CMSD provide bin services through its exclusive franchise agreement with CR&R.
Benefits to the Santa Ana Heights neighborhood for an exclusive franchise for bin services include:
Less refuse trucks in the neighborhood because all the bins will be serviced on the same scheduled day.
Less disruption in the neighborhood.
Less wear and tear on the streets.
Bin rates are set and approved by the Board of Directors.
One contract to monitor and hold service provider accountable.
Because CMSD has the authority of providing solid waste and recycling collection services in Santa Ana Heights, as per OC LAFCO,
CMSD would mail a “cease and desist” letter to Republic Services, Ware Disposal and Waste Management of Orange County. The city’s
non-exclusive franchise agreement with the three haulers would still be in effect and the haulers would still provide bin services to
Newport Beach commercial businesses and multifamily dwellings.
Staff would need to negotiate a fair and competitive bin rate with CR&R to gain support from Santa Heights property owners. The current
bin rates for Santa Ana Heights are as follows:
Avg Monthly Cost 2 Cubic Yard 3 Cubic Yard
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Once Weekly $135.40 $170.95
Twice Weekly $226.26 $236.60
Exceeding Twice Weekly $0.00 $437.26
Staff is suggesting that CR&R provide direct billings for bin services. By having CR&R bill directly to property owners staff will not require
additional resources for preparing the annual assessment roll to county officials. Delinquent bills will be handled by CR&R’s billing
department.
If the Board directs staff to continue working on this item, then the next step is to meet with CR&R, negotiate a fair bin rate and then meet
with Santa Ana Heights equestrian property owners to obtain their feedback. Staff will report back after our meeting with the property
owners.
Legal Review
District Counsel is reviewing the merits of this proposal and will have comments at the study session meeting. District Counsel is also
determining if Proposition 218 applies to CMSD establishing a bin rate for residential equestrian properties.
Environmental Review
Considering providing bin service for residential equestrian properties 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 financial impact to CMSD for providing bin services in Santa Ana Heights is minimal. CMSD staff will not place bin rates on
assessment roll because CR&R will bill directly to property owners.
Additional costs may be incurred from staff for collecting data, monitoring service levels and providing customer assistance, but those
costs may be recouped by incorporating an administrative fee in the bin rate.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the January 10, 2023 Board of Directors Study
Session meeting at District Headquarters and posted on the District’s website.
Alternative Actions
1. Remain status quo and direct staff not to pursue providing bin services in Santa Ana Heights.
File Attachments
Santa Ana Heights Zoning Map.jpg (746 KB)
NB Franchise Haulers List.pdf (208 KB)
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D. CLOSING ITEMS
Subject 1. Oral Communications and Director Comments
Meeting Jan 10, 2023 - Board of Directors Study Session
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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, February 14, 2023 in
the District's Boardroom, located at 290 Paularino Avenue, Costa Mesa, CA 92626.
Subject 2. Adjournment
Meeting Jan 10, 2023 - Board of Directors Study Session
Access Public
Type Procedural