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Tuesday, February 14, 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 FEBRUARY 14, 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.
1. Public Comments
C. ITEMS OF STUDY
1. Receive and File January 2023 Code Enforcement Officer Report
2. 2022 Christmas Tree Collection Program
3. Proposed Implementation Plan from 2022 Sewer System Management Plan Internal Audit
4. Consider Adopting Resolution No. 2023-980 Authorizing Remote Meetings
D. CLOSING ITEMS
1. Oral Communications and Director Comments
2. Adjournment
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Tuesday, February 14, 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 FEBRUARY 14, 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 Feb 14, 2023 - Board of Directors Study Session
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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 Feb 14, 2023 - Board of Directors Study Session
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Type Procedural
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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: February 14, 2023
Subject: Receive and File January 2023 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 January, 2023, 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 January, Interim CEO Griffin approached five individuals after observing them scavenging from CMSD trash carts. In the
same month he issued 107 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 February 14, 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 January 2023.pdf (470 KB)
Subject 1. Receive and File January 2023 Code Enforcement Officer Report
Meeting Feb 14, 2023 - 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: Nabila Guzman, Management Analyst I
Date: February 14, 2023
Subject: 2022 Christmas Tree Collection Program
Summary
Per the 2018 CR&R Environmental Services (CR&R) Agreement, CR&R is to complete an annual Christmas Tree recycling program for
District trash customers. For approximately two weeks following Christmas Day, CR&R collects trees that are placed curbside for
collection. The trees collected through this program are taken to CR&R’s Anaerobic Digestion (AD) Facility in Perris for recycling. The
collection and transportation of trees are free, the District just pays a per-tonnage fee for recycling.
Recommendation
That the Board of Directors receives and files this report.
Analysis
Annually, the Costa Mesa Sanitary District in partnership with CR&R collects Christmas trees for recycling for approximately two weeks
following Christmas Day. This year, the collection of Christmas trees was advertised as being completed from Monday, December 26,
2022 through Friday, January 6, 2023. The dates were agreed upon in early summer and advertised ahead of time in the District's Fall
Newsletter. This program is only for District trash customers, and trees must meet the following criteria for them to be collected:
Tree must be “naked”- no decorations, not in a bag, and no stand.
Place tree on the ground next to their trash carts on collection day.
Trees taller than 6 feet must be cut in half.
Flocked trees (trees covered in fake white snow) are not eligible for this program.
If disposing of the tree after January 6, we asked residents to cut the tree into pieces and place it for collection in their organics
cart.
This year, staff is happy to report a significant increase in collection and reliability efforts from CR&R. During the collection period, only
two missed Christmas tree complaints were received, a 192% decrease in complaints from 2021 where 101 complaints were received. In
2021, the collection delays were so significant that collection efforts stretched through February 28, 2022. This year, CR&R was
adequately prepared and staffed to meet the demand of this program and even collected tree’s for an additional week, through January
13 to lessen the burden on CMSD’s third-party contractor. CR&R collected a total of 6,130 Christmas trees or 60.74 tons. For
comparison, in 2021, CR&R collected 4,137 trees or 48.15 tons.
Per direction from the Board of Directors, the District contracted with a third-party hauler to assist with the supplemental collection of
trees. The selected contractor, Junk Smiths proposed a fee of $35 per tree which included collection and disposal costs. Junk Smiths was
on standby starting Monday, December 26 but no missed pickup requests came in. Staff receive several requests from the public about
needing disposal services the week after the program was set to end on January 6 and the General Manager decided that Junk Smiths
would collect tree's as a courtesy and CMSD would pay for the cost. From January 9 through January 18, Junk Smiths collected a total of
Subject 2. 2022 Christmas Tree Collection Program
Meeting Feb 14, 2023 - Board of Directors Study Session
Access Public
Type Action, Receive and File
Recommended Action That the Board of Directors receives and files this report.
Goals 2.8 Solid Waste - Recycle green waste and food scraps
2.0 Solid Waste
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51 trees from 42 homes. An additional 40 homes had a tree out for collection, but CR&R collected the tree before our third-party hauler
arrived. Staff is recommending that the Christmas Tree collection program runs for two weeks after New Year’s Day and that the
partnership with Junk Smith’s continues for supplemental collection as needed.
Below is a graph of the third-party hauler’s collection efforts. For the 40 homes that had no tree out, CMSD compensated the hauler for
their time and fuel at a reduce rate of $17.50 per home. A total of $2,485 was spent on additional collection efforts, $1,785 on trees and
$700 on time/fuel for homes with no tree.
Legal Review
Not Applicable.
Environmental Review
A review of the 2022 Christmas Tree collection program is an administrative matter, and administrative matters are exempt under CEQA
and the District’s CEQA Guidelines.
Financial Review
The Christmas tree collection is included in the CR&R contract. The District pays $77.77 per ton for Christmas trees to be collected and
processed at the AD Facility, so the total cost will be $4,723.75. The District is expected to receive invoices from CR&R later this month.
The collection and disposal cost for hiring a third party to supplement Christmas Tree collections was $2,485.
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the February 14, 2023, Board of Directors Study
Session meeting at District Headquarters and posted on the District’s website.
Alternative Actions
File Attachments
Christmas Trees.png (11 KB)
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C. ITEMS OF STUDY
To: Board of Directors
From: Scott Carroll, General Manager
Date: February 14, 2023
Subject: Proposed Implementation Plan from 2022 Sewer System Management Plan Internal Audit
Summary
On January 23, 2023, the Board of Directors received the final report of an internal audit of CMSD's Sewer System Management Plan
(SSMP). The audit was performed by EEC Environmental.
Recommendation
That the Board of Directors receive and file this report
Analysis
At the conclusion of EEC's audit of CMSD's SSMP, they found one minor non-conformance that needs to be corrected. In addition to the
minor non-conformance, EEC recommends eight different types of enhancements to the SSMP. An implementation schedule has been
created to ensure the corrective and enhanced actions are completed before next internal audit is performed. The next internal audit will
be performed in the fall 2025. Attached is the proposed implementation schedule.
Legal Review
Not applicable
Environmental Review
Preparing an implementation plan from the 2022 Sewer System Management Plan (SSMP) internal audit is an administrative matter, and
administrative matters are exempt under CEQA and the District’s CEQA Guidelines. The SSMP assists the District in providing
comprehensive sewer system management, including protection of the environment by eliminating sanitary sewer overflows.
Financial Review
There are no financial impacts to CMSD because all the items identified in the Action Plan are in the existing budget or will be in future
adopted budgets.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the February 14, 2023 study session meeting at
District Headquarters and posted on the District’s website at www.cmsdca.gov.
Alternative Actions
Refer item back to staff with further instructions.
File Attachments
2022 Audit Implementation Plan.pdf (89 KB)
Subject 3. Proposed Implementation Plan from 2022 Sewer System Management Plan
Internal Audit
Meeting Feb 14, 2023 - Board of Directors Study Session
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Type Discussion
Goals 1.0 Sewer Infrastructure
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C. ITEMS OF STUDY
To: Board of Directors
From: Alan Burns, District Counsel
Date: February 14, 2023
Subject: Consider Adopting Resolution No. 2023-980 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. 2023-980 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. 2023-980.
Environmental Review
Subject 4. Consider Adopting Resolution No. 2023-980 Authorizing Remote Meetings
Meeting Feb 14, 2023 - Board of Directors Study Session
Access Public
Type Action
Recommended Action That the Board of Directors adopt Resolution No. 2023-980 authorizing remote meetings.
Goals 6.0 Administrative Management
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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. 2023-980.
.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the February 14, 2023 Board Study Session
Meeting at District Headquarters and on District website at www.cmsdca.gov.
Alternative Actions
1. Do not adopt Resolution No. 2023-980 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. 2023-980 and direct staff to report back with more information.
File Attachments
reso_2023-980_remote_meetings.pdf (169 KB)
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D. CLOSING ITEMS
Subject 1. Oral Communications and Director Comments
Meeting Feb 14, 2023 - Board of Directors Study Session
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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, March 14, 2023 in
the District's Boardroom, located at 290 Paularino Avenue, Costa Mesa, CA 92626.
Subject 2. Adjournment
Meeting Feb 14, 2023 - Board of Directors Study Session
Access Public
Type Procedural