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Tuesday, December 12, 2023
Board of Directors Study Session
Time: 8:00 a.m.
Location: Costa Mesa Sanitary District - 290 Paularino Ave., Costa Mesa, CA 92626
***
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 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.
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1. Public Comments
C. ITEMS OF STUDY
1. 2023 Community Survey Results
2. Receive and File Code Enforcement Officer Report - November 2023
3. Receive and File End of Year Legislative Report
D. CLOSING ITEMS
1. Oral Communications and Director Comments
2. Adjournment
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Tuesday, December 12, 2023
Board of Directors Study Session
Time: 8:00 a.m.
Location: Costa Mesa Sanitary District - 290 Paularino Ave., Costa Mesa, CA 92626
***
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.)
Meeting Dec 12, 2023 - Board of Directors Study Session
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Type Procedural
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Michael Scheafer, President
Arlene Schafer, Vice President
Arthur Perry, Secretary
Robert Ooten, Vice Secretary
Brett Eckles, Director
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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 Dec 12, 2023 - Board of Directors Study Session
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C. ITEMS OF STUDY
To: Board of Directors
Via: Scott Carroll, General Manager
From: Marissa Pereyda, Management Analyst II
Date: December 12, 2023
Subject: 2023 Community Survey Results
Summary
The District conducts a biennial community survey to seek level of satisfaction feedback and awareness of solid waste and sewer
programs from District customers and to obtain relevant data to improve District programs. The 2023 survey also assessed
receptiveness to a three-cart trash and recycling system and receptiveness to two trash and recycling collection days each week.
Probolsky Research has completed research and analysis for the 2023 Community Survey. The findings are presented with this staff
report and accompanying presentation.
Recommendation
That the Board of Directors receive and file this report.
Analysis
On September 12, 2023, the Board of Directors approved an agreement with Probolsky Research to conduct community survey
research and analysis. On September 13, 2023, the Citizens Advisory Committee provided recommendations for consideration in the
2023 Community Survey. The Board of Directors received these recommendations and provided feedback and input for the survey at
the October 10, 2023, Board Study Session.
From October 19, 2023, to November 16, 2023, Probolsky Research conducted a live-interviewer telephone and online survey among
Costa Mesa Sanitary District trash customers. A total of 1,000 customers were surveyed (763 online and 237 by telephone), yielding a
margin of error of +/-3.2%, with a confidence level of 95%. Phone interviews were conducted via call-in (11%), landline (30%), and
mobile (59%). Online participants were invited by email (28%), mail (44%), and text-to-web (28%). Probolsky Research matched the
demographics of Costa Mesa Sanitary District trash customers. The survey took approximately 15 minutes to complete and was
conducted in English (92%), Spanish (7%), and Vietnamese (1%).
Some key findings of the survey are included below.
Awareness of Costa Mesa Sanitary District is high (85%), and favorable opinions (66%) outweigh unfavorable opinions (9%).
Most customers (88%) are satisfied with the District's performance in providing sewer and wastewater services.
Most customers (82%) are satisfied with the District's performance in providing trash, recycling, and organics collection
services.
District staff receive high marks for helpfulness (92%).
Most customers (85%) are satisfied with the job CR&R does providing trash, recycling, and organics collection services.
Most customers (75%) say it's important to have a service for recycling products in their home.
Most customers (65%) support the implementation of a three-cart collection program.
Most customers (62%) would prefer to receive information from the District in the mail.
Adam Probolsky, president of Probolsky Research, will present the results and findings of the survey and answer questions. The survey
report and presentation are attached to this staff report.
Subject 1. 2023 Community Survey Results
Meeting Dec 12, 2023 - Board of Directors Study Session
Access Public
Type Action, Receive and File
Recommended
Action
That the Board of Directors receive and file this report.
Goals 4.0 Community Outreach & Communications
4.1 Conduct community outreach survey
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The Citizens Advisory Committee will receive this presentation at the January 10, 2024, meeting.
Legal Review
Not applicable.
Environmental Review
Review of this report 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 cost for Probolsky Research to conduct community survey research and analysis is $39,200. The FY 2023-24 Budget includes
$45,000 for this project. In accordance with Section 12 of the Agreement between CR&R and the District, both agencies agree to
equally share the cost of performing a biennial community wide citizen survey. CR&R will reimburse the District $19,600 for completing
the 2023 survey.
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the December 12, 2023, Board of Directors Study
Session 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
2023_Community_Survey_Report_Presentation.pdf (469 KB)
2023_Community_Survey_Report.pdf (4,758 KB)
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C. ITEMS OF STUDY
To: Board of Directors
Via: Scott Carroll, General Manager
From: David Griffin, Code Enforcement Officer
Date: December 12, 2023
Subject: Receive and File November 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 November 2023, the CMSD 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 November, Officer Griffin observed 4 individuals searching in trash carts on San Carlos, Arbor, E. 19th, Cecil Pl. All
individuals were advised of the district's scavenging law and given verbal warnings before they went on their way.
In the month of November, Officer Griffin issued 221 first warnings notices (yellow tag) to residential properties for having their trash
carts in public view.
Officer Griffin did not observe graffiti on trash carts in the months of November.
To address resident concerns, Officer Griffin is patrolling streets by 6:30 a.m.
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 12, 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 November 2023.doc (1,738 KB)
Subject 2. Receive and File Code Enforcement Officer Report - November 2023
Meeting Dec 12, 2023 - Board of Directors Study Session
Access Public
Type Receive and File
Goals 2.9 Solid Waste - Enhance Code Enforcement presence
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C. ITEMS OF STUDY
To: Board of Directors
Via: Scott Carroll, General Manager
From: Gina Terraneo, Management Analyst II
Date: December 12, 2023
Subject: Receive and File End of Year Legislative Report
Summary
The Legislative Report provides the Board of Directors with analyses of measures 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 of which the District is a member. 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 receive and file the End of Year Legislative Report.
Analysis
The attached Congressional and State Legislative Reports contain status updates on the District's bills of interest. The Congressional
Legislative session continues through next year, while the California State Legislative Session ended mid-October. Therefore, the
Congressional Legislative Report includes a list of bills that are currently active, while the State Legislative Report outlines bills of
interest that either passed or failed during this year's legislative session. Below is a list of bills that are described in the attached
reports:
CONGRESS
SUPPORT: None
OPPOSE: None
WATCH:
HR 250 Clean Water SRF Parity Act
HR 490 Federal Infrastructure Bank Act of 2023
HR 651 COMPOST Act
HR 652 Zero Food Waste Act
HR 1729 Water Affordability, Transparency, Equity, and Reliability Act of 2023
HR 2964 WIPPES Act
HR 3167 Clean Water Allotment Modernization Act of 2023
HR 4040 Recycling and Composting Accountability Act
HR 4217 Secure EWaste Export and Recycling Act
HR 5564 REDUCE Act of 2023
HR 6053 Break Free From Plastic Pollution Act of 2023
HR 6159 Recycling Infrastructure and Accessibility Act of 2023
S 115 Clean Water Allotment Modernization Act of 2023
S 177 Zero Food Waste Act
S 179 COMPOST Act
S 938 Water Affordability, Transparency, Equity, and Reliability Act of 2023
S 1189 Recycling Infrastructure and Accessibility Act of 2023
Subject 3. Receive and File End of Year Legislative Report
Meeting Dec 12, 2023 - Board of Directors Study Session
Access Public
Type Discussion, Receive and File
Goals 6.6 Administrative Management - Stay informed of Federal and State legislation
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S 1194 Recycling and Composting Accountability Act
S 1350 WIPPES Act
S 1430 Water Systems PFAS Liability Protection Act
S 2337 Plastic Pellet Free Waters Act
S 2844 REDUCE Act of 2023
S 3127 Break Free From Plastic Pollution Act of 2023
CA STATE LEGISLATURE
PASSED:
AB 30 Atmospheric rivers: research: reservoir operations
AB 281 Planning and zoning: housing: postentitlement phase permits
AB 400 Local agency design-build projects: authorization
AB 557 Open meetings: local agencies: teleconferences
AB 759 Sanitary districts
AB 1033 Accessory dwelling units: local ordinances: separate sale or conveyance
AB 1548 Greenhouse Gas Reduction Fund: grant program: recycling infrastructure projects
AB 1594 Medium- and heavy-duty zero-emission vehicles: public agency utilities
SB 34 Surplus land disposal: violations: County of Orange
SB 244 Right to Repair Act
SB 353 Beverage containers: recycling
SB 568 Electronic waste: export
SB 613 Organic waste: reduction goals: local jurisdictions: low-population waiver
SB 706 Public contracts: progressive design-build: local agencies
SB 790 Public records: contracts for goods and services
FAILED:
AB 2 Recycling: solar photovoltaic modules
AB 234 Microparticles
AB 246 Product safety: menstrual products: perfluoroalkyl and polyfluoroalkyl substances (PFAS)
AB 453 District-based elections
AB 513 California Individual Assistance Act
AB 573 Organic waste: meeting recovered organic waste product procurement targets
AB 660 Food and beverage products: labeling: quality dates, safety dates, and sell by dates: recycling
AB 727 Product safety: cleaning products and floor sealers or floor finishers: perfluoroalkyl and polyfluoroalkyl
substances (PFAS)
AB 735 Workforce development: utility careers
AB 817 Open meetings: teleconferencing: subsidiary body
AB 895 Solid waste: management
AB 909 Solid Waste Disposal and Codisposal Site Cleanup Program
AB 1100 Employment: workweek
AB 1290 Product safety: plastic packaging: substances
AB 1347 Solid waste: paper waste: proofs of purchase
AB 1423 Product safety: PFAS: artificial turf or synthetic surfaces
AB 1453 Coastal resources: State Coastal Conservancy: grants: ocean waste
AB 1660 Cosmetic products: perfluoroalkyl and polyfluoroalkyl substances (PFAS)
AB 1705 Solid waste facilities: state policy goals
SB 265 Cybersecurity preparedness: critical infrastructure sectors
SB 518 Elections: certification of results
SB 552 Solid waste: single-use foodware accessory and single-use food packaging
SB 615 Vehicle traction batteries
SB 728 Plastic gift cards: prohibition
SB 752 Solid waste: collection service: disruptions
SB 769 Local government: fiscal and financial training
SB 777 Solid waste: reusable grocery bags and recycled paper bags
SB 778 Excavations: subsurface installations
Research for this legislative report is sourced from the California Legislature and Congress websites, as well as 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.
Legal Review
Not applicable
Environmental Review
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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 December 12, 2023 Board of Directors
Study Session meeting held at CMSD's headquarters at 290 Paularino Avenue in Costa Mesa and posted on the District’s website.
Alternative Actions
1. Direct staff to report back with more information.
File Attachments
December 2023 - Legislative Analysis - Congressional.pdf (191 KB)
December 2023 - Legislative Analysis - State.pdf (254 KB)
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D. CLOSING ITEMS
Subject 1. Oral Communications and Director Comments
Meeting Dec 12, 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, January 9, 2024 in
the District's Boardroom, located at 290 Paularino Avenue, Costa Mesa, CA 92626.
Subject 2. Adjournment
Meeting Dec 12, 2023 - Board of Directors Study Session
Access Public
Type Procedural