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2024_10_08_ssTuesday, October 8, 2024 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 :Oct 8, 2024 - Board of Directors Study Session Type :Procedural Public Content Michael Scheafer, President Arlene Schafer, Vice President Arthur Perry, Secretary Robert Ooten, Vice Secretary Brett Eckles, Director A. OPENING ITEMS Subject :2. Ceremonial Matters and Presentations - Proclamation Establishing Code Enforcement Officer Appreciation Week Presented to Code Enforcement Officer David Griffin Meeting :Oct 8, 2024 - Board of Directors Study Session Type :Presentation, Procedural Public Content File Attachments Code Enforcement Officer Week Proclamation.pdf (245 KB) 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 :Oct 8, 2024 - Board of Directors Study Session Type :Procedural C. ITEMS OF STUDY Subject :1. Receive and File Code Enforcement Officer Report - August and September 2024 Meeting :Oct 8, 2024 - Board of Directors Study Session Type :Receive and File Public Content To: Board of Directors Via: Scott Carroll, General Manager From: David Griffin, Code Enforcement Officer Date: October 8, 2024 Subject: Receive and File August andSeptember 2024Code 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 months of August andSeptember 2024, 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 August, Officer Griffin observed7individuals searching in trash carts on Orange Ave, Elden Ave, San Juan Lane, Princeton Drive, Wallace Ave, Nevada Ave, and Palmilla Ct.All individuals were advised of the district's scavenging law and given verbal warnings before they went on their way. In the month of August, Officer Griffin issued 179first 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 August. In the month of September, Officer Griffin observed 5individuals searching in trash carts on Elden, 22nd St, 16th St, Coriander Dr. and Maple Ave. All individuals were advised of the district's scavenging law and given verbal warnings before they went on their way. In the month of September, Officer Griffin issued 101first 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 September. 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 Districts 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 October 8, 2024 Board of Directors Study Session meeting at District Headquarters and posted on the Districts website. Alternative Actions 1. Direct staff to report back with more information. File Attachments Code Enforcement Officer Report August 2024.pdf (616 KB) Code Enforcement Officer Report September 2024.pdf (539 KB) C. ITEMS OF STUDY Subject :2. Three-Cart Rollout Update - Oral Report Meeting :Oct 8, 2024 - Board of Directors Study Session Type :Discussion Goals :2.0 Solid Waste Public Content To: Board of Directors From: Scott Carroll, General Manager Date: October 8, 2024 Subject: Three-Cart Rollout Update - Oral Report Summary Yesterday, was the first day of the recycling cart rollout program where every service account will receive a 95 gallon blue lid cart for separating and discarding recyclable materials such as aluminum, glass, plastic, cardboard, paper, etc. The rollout program will end on December 13. Recommendation That the Board of Directors receive and file this report. Analysis Mike Carey,Senior Sustainability Manager from CR&R Environmental Services, will be giving an oral report about the first day of the rollout program and he will be available to answer questions from the Board of Directors. Legal Review Not applicable. Environmental Review Receiving an update about the recycling cart rollout program is an administrative matter and is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures to list those specific activities which fall within each of the exempt classes, and the District has adopted CEQA Guidelines and Implementing Procedures that state on page 6 Projects does not include . C. Continuing administrative or maintenance activities. Financial Review The cost to implement the recycling cart rollout plan is borne by CR&R. The District will spend over $100,000 for community outreach on SB 1383 and the recycling cart rollout program. Expenditures are funded by two grant cycles from CalRecycle. Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the October 8, 2024, Board of Directors Study Session 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. C. ITEMS OF STUDY Subject :3. Receive and File Legislative Report Meeting :Oct 8, 2024 - Board of Directors Study Session Type :Discussion, Receive and File Public Content To: Board of Directors From: Scott Carroll, General Manager Date: October 8, 2024 Subject: Receive and File Legislative Report Summary On June 11, 2024, the Board of Directors received a Legislative Report regarding federal and state bills that are of interest to the District. With the 118th Congress session ending on January 3, 2025, due to their divisiveness and the upcoming elections, its highly unlikely any of the federal bills below will be passed and presented to the President for his signature consideration. The bills will not be automatically carried over to the next session, so unless the bills below are reintroduced they will die. The 2024 California legislative session ended on August 31, 2024 with the passage of 1,200 bills. Below is the status of the State bills that are of interest to the District. Recommendation That the Board of Directors receive and file this report Analysis More information about the bills below are provided in the attachments. Also attached is a report from the California Special Districts Association regarding bills they advocated for on behalf of their members. CONGRESS SUPPORT: -HR 7525 - Special District Grant Accessibility Act Passed House. The Senate Committee on Homeland Security and Government Affairs ordered the bill to be reported without amendment favorably. OPPOSE: None WATCH: HR 250 - Clean Water SRF Parity Act - Introduced. Referred to the Subcommittee on Water Resources and Environment HR 490 - Federal Infrastructure Bank Act of 2023 -Introduced. Referred to the Subcommittee on Water Resources and Environment HR 651 - COMPOST Act - Introduced. Referred to the Subcommittee on Conservation, Research and Biotechnology HR 652 - Zero Food Waste Act -Introduced. Referred to the Subcommittee on Health HR 1729 - Water Affordability, Transparency, Equity, and Reliability Act of 2023 - Introduced.Referred to the Subcommittee on Commodity Markets, Digital Assets, and Rural Development. HR 2964 - WIPPES Act - Passed House. Received in the Senate and read twice and referred to the Committee on Commerce, Science and Transportation HR 3167 - Clean Water Allotment Modernization Act of 2023 - Introduced. Referred to the Subcommittee on Water Resources and Environment. HR 4040 - Recycling and Composting Accountability Act - Introduced. Referred to the Subcommittee on Environment, Manufacturing and Critical Materials. HR 4217 - Secure E-Waste Export and Recycling Act - Introduced. Referred to the House Committee on Foreign Affairs. HR 5564 - REDUCE Act of 2023 -Introduced. Referred to the Subcommittee on Environment, Manufacturing and Critical Materials. HR 6053 - Break Free From Plastic Pollution Act of 2023 -Introduced. Referred to the Subcommittee on Conservation, Research and Biotechnology HR 6159 - Recycling Infrastructure and Accountability Act of 2023. Introduced. Sponsor introductory remarks on measure. HR 7194 - PFAS Accountability Act of 2024 -Introduced. Referred to the Subcommittee on Environment, Manufacturing and Critical Materials. HR 7944 - Water Systems PFAS Liability Protection Act -Introduced. Referred to the Subcommittee on Environment, Manufacturing and Critical Materials. HR 8032 - Low-Income Household Water Assistance Program Establishment Act -Introduced. Referred to the Subcommittee on Environment, Manufacturing and Critical Materials. HR 8087 - Solid Waste Infrastructure for Recycling Grant Program Reauthorization Act - Introduced. Referred to the House Committee on Transportation and Infrastructure. S 115 - Clean Water Allotment Modernization Act of 2023. Introduced. Read twice and referred to the Committee on Environment and Public Works S 177 - Zero Food Waste Act -Introduced. Read twice and referred to the Committee on Environment and Public Works S 179 - COMPOST Act - Introduced. Read twice and referred to the Committee on Agriculture, Nutrition and Forestry. S 938 - Water Affordability, Transparency, Equity and Reliability Act of 2023 - Introduced. Read twice and referred to the Committee on Finance. S 1189 - Recycling Infrastructure and Accessibility Act of 2024 - Passed Senate. Held at the desk S 1194 - Recycling and Composting Accountability Act -Passed Senate. Held at the desk S 1350 - WIPPES Act - Introduced. Read twice and referred to the Committee on Commerce, Science and Transportation S 1429 - Resource Management PFAS Liability Protection Act of 2023 -Introduced. Read twice and referred to the Committee on Environment and Public Works S 1430 - Water Systems PFAS Liability Protection Act -Introduced. Read twice and referred to the Committee on Environment and Public Works S 2337 - Plastic Pellet Free Waters Act -Introduced. Read twice and referred to the Committee on Environment and Public Works S 2844 - REDUCE Act of 2023 -Introduced. Read twice and referred to the Committee on Finance. S 3127 - Break Free From Plastic Pollution Act of 2023 -Introduced. Read twice and referred to the Committee on Environment and Public Works S 3146 - Reduce Food Loss and Waste Act -Introduced. Read twice and referred to the Committee on Agriculture, Nutrition and Forestry. S 3725 - PFAS Accountability Act of 2024 -Introduced. Read twice and referred to the Committee on Environment and Public Works S 3830 - Low-Income Household Water Assistance Program Establishment Act - Introduced. Read twice and referred to the Committee on Health, Education and Pensions. CA STATE LEGISLATURE SUPPORT: None OPPOSE: None WATCH: - AB 453 - District-based elections PASSED- Approved by Governor- Chaptered into law - AB 457 - Beverage containers: recycling: redemption payment and refund value FAILED. Vetoed by Governor -AB 805 - Sewer service: disadvantaged communities PASSED- Approved by Governor- Chaptered into law AB 817 - Open meetings: teleconferencing: subsidy body - ENGROSSED- Reconsideration granted AB 1820 - Housing development projects: applications: fees and exactions -PASSED- Approved by Governor- Chaptered into law AB 2095 - Publication: newspapers of general circulation -FAILED. Vetoed by Governor - AB 2236 - Solid waste:recycled paper bags: standards: carryout bag prohibition ENGROSSED - Suspended AB 2257 - Local Government: property-related water and sewer fees and assessments: remedies -PASSED - Approved by Governor- Chaptered into law AB 2302 - Open meetings: local agencies: teleconferences -PASSED- Approved by Governor- Chaptered into law AB 2514 - Solid waste: organic waste: diversion: hydrogen: biomethane - ENGROSSED-Ordered to inactive file at the request of Senator Gonzalez AB 2533 - Accessory dwelling units: junior accessory dwelling units: unpermitted developments -PASSED - Approved by Governor- Chaptered into law AB 2631 - Local agencies: ethics training -PASSED- Approved by Governor- Chaptered into law AB 2715 - Ralph M. Brown Act: closed sessions -PASSED- Approved by Governor- Chaptered into law AB 2761 - Product safety: plastic packaging: Reducing Toxics in Packaging Act - ENGROSSED- Pulled from Senate Environmental Quality Committeeby request of the author SB 251 - Candidates' statements: false statements - ENGROSSED- Ordered to inactive file on request of Assembly member Aguiar-Curry SB 937 - Development projects: permits and other entitlements: fees and charges -PASSED- Approved by Governor- Chaptered into law SB 972 - Methane emissions: organic waste: landfills -FAILED. Vetoed by Governor SB 1034 - California Public Records Act: state of emergency -PASSED- Approved by Governor- Chaptered into law SB 1045 - Composting facilities: zoning - ENGROSSED- Held in committee and under submission SB 1053 - Solid waste: reusable grocery bags; standards: plastic film prohibition -PASSED- Approved by Governor- Chaptered into law SB 1072 - Local government Proposition 218: remedies -PASSED- Approved by Governor- Chaptered into law SB 1143 - Paint products: producer responsibility -PASSED- Approved by Governor- Chaptered into law SB 1164 - Property taxation: new construction exclusion: accessory dwelling units - ENGROSSED- first hearing canceled at request of author SB 1210 - New housing construction: electrical, gas, sewer and water service: service connection information -PASSED- Approved by Governor- Chaptered into law SB 1266 - Product safety: bisphenol -PASSED- Approved by Governor- Chaptered into law Legal Review Not applicable Environmental Review Consideration of pending legislation is an administrative matter and is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures to list those specific activities which fall within each of the exempt classes, and the District has adopted CEQA Guidelines and Implementing Procedures that state on page 6 Projects does not include . C. Continuing administrative or maintenance activities. Financial Review There's no financial impacts to the district. Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the October 8, 2024Board of Directors Study Sessionmeeting held at District headquarters located at 290 Paularino Avenue in Costa Mesa and posted on the Districts website. Alternative Actions 1. Direct staff to report back with more information. File Attachments June 2024 - Legislative Analysis - Congressional.pdf (152 KB) June 2024 - Legislative Analysis - State.pdf (153 KB) CSDA_September-2024_Take-Action-Brief_090324.pdf (306 KB) D. CLOSING ITEMS Subject :1. Oral Communications and Director Comments Meeting :Oct 8, 2024 - Board of Directors Study Session Type : D. CLOSING ITEMS Subject :2. Adjournment Meeting :Oct 8, 2024 - Board of Directors Study Session Type :Procedural Public Content The next Study Session of the Costa Mesa Sanitary District Board of Directors will be held at 8:00 a.m. on Tuesday, November 12, 2024 in the District's Boardroom, located at 290 Paularino Avenue, Costa Mesa, CA 92626.