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2024_12_10_ssTuesday, December 10, 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 :Dec 10, 2024 - Board of Directors Study Session Access :Public Type :Procedural Public Content Michael Scheafer, President Arlene Schafer, Vice President Arthur Perry, Secretary Robert Ooten, Vice Secretary Brett Eckles, Director 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 10, 2024 - Board of Directors Study Session Access :Public Type :Procedural C. ITEMS OF STUDY Subject :1. Approve the Board of Directors Study Session Minutes of November 12, 2024 Meeting :Dec 10, 2024 - Board of Directors Study Session Access :Public Type :Action, Minutes Recommended Action :That the Board of Directors approve the meeting minutes as presented. Minutes :View Minutes for Nov 12, 2024 - Board of Directors Study Session Public Content To: Board of Directors Via: Scott Carroll, General Manager From: Angela Colunga, Management Analyst I Date: December 10, 2024 Subject: Approve the Board of Directors Study Session Minutes of November 12, 2024 Summary The recorded minutes of the November 12, 2024Board of Directors Study Session are hereby submitted to the Board of Directors for review and approval. Analysis Attached to the staff report are the minutes for the Board of Directors Study Session on November 12, 2024. Staff Recommendation That the Board of Directors approve the meeting minutes as presented. Legal Review Not applicable. Environmental Review Consideration of public meeting minutesis 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 in the complete agenda packet for the December 10, 2024 Board of Directors Study Session at District Headquarters and posted on the Districts website. Alternative Actions 1. Do not approve the meeting minutes as presented. 2. Direct staff to report back with more information. File Attachments minutes_2024_11_12_ss.pdf (174 KB) C. ITEMS OF STUDY Subject :2. Approve the Board of Directors Regular Meeting Minutes of November 25, 2024 Meeting :Dec 10, 2024 - Board of Directors Study Session Access :Public Type :Action, Minutes Recommended Action :That the Board of Directors approve the meeting minutes as presented. Minutes :View Minutes for Nov 25, 2024 - Board of Directors Regular Meeting Public Content To: Board of Directors Via: Scott Carroll, General Manager From: Angela Colunga, Management Analyst I Date: December 10, 2024 Subject: Approve the Board of Directors Regular Meeting Minutes of November 25, 2024 Summary The recorded minutes of the November 25, 2024Board of Directors Regular Meetingare hereby submitted to the Board of Directors for review and approval. Staff Recommendation That the Board of Directors approve the meeting minutes as presented. Analysis Attached to the staff report are the minutes for the Board of Directors Regular Meeting on November 25, 2024. Legal Review Not applicable. Environmental Review Consideration of public meeting minutesis 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 in the complete agenda packet for the December 10, 2024 Board of Directors Study Session at District Headquarters and posted on the Districts website. Alternative Actions 1. Do not approve the meeting minutes as presented. 2. Direct staff to report back with more information. File Attachments minutes_2024_11_25_rm.pdf (178 KB) C. ITEMS OF STUDY Subject :3. Receive and File October & November 2024 Code Enforcement Officer Report Meeting :Dec 10, 2024 - Board of Directors Study Session Access :Public Type :Receive and File Public Content To: Board of Directors Via: Scott Carroll, General Manager From: David Griffin, Code Enforcement Officer Date: December10, 2024 Subject: Receive and File October & November 2024 Code Enforcement Officer Report Summary This report summarizes major points for three ordinance enforcement topics covering scavenging, graffiti on trash carts, and month of Octoberand Ntrash container enforcement. For the ovember 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 October, Officer Griffin observed 6 individuals searching in trash carts on Elden, Jeffrey, Coronado, Cabrillo, Pacific, and Maple. All individuals were advised of the District's scavenging law and given verbal warnings before they went on their way. In the month of October, Officer Griffin issued 43first 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 October. In the month of November, Officer Griffin observed 6 individuals searching in trash carts on Rodgers, Elden, Nevada, Center, 18th, and California. 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 9first 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 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 December 10, 2024,Board of Directors Study Session meeting at District Headquarters and posted on the Districts website. Alternative Actions Direct staff to report back with more information. File Attachments Code Enforcement Officer Report October 2024.pdf (581 KB) Code Enforcement Officer Report November 2024.pdf (618 KB) C. ITEMS OF STUDY Subject :4. Receive and File Progress Report on the Three- Cart Roll Out Program Meeting :Dec 10, 2024 - Board of Directors Study Session Access :Public Type :Receive and File Goals :2.0 Solid Waste Public Content To: Board of Directors From: Scott Carroll, General Manager Date: December 10, 2023 Subject:Receive and File Progress Report on the Three-Cart Roll Out Program Summary On October 7, 2024, CR&R began delivering one 35, 65, or 95-gallon Recycling Cart to every CMSD customer. At the same time, CR&R will be removing one of two Mixed Waste Carts, so that every customer has a Three-Cart System for implementation of a source separated collection program. The program is being implemented to conform with SB 1383. Recommendation That the Board of Directors receive and file this report Analysis Approximately 650 carts are being delivered daily. As of December 4, 2024, 20,357 carts have been successfully delivered. Friday, December 13 is the last day of the roll-out program in which all CMSD customers, approximately 23,152, will have a blue- lid recycling cart to begin source separating trash, organics and recyclable materials. District staff and CR&R have received complaints about the roll-out program. As of December 4, staff logged 140 complaints, which has doubled since the last progress report was presented to the Board on November 12. However, the total complaints is less than 1% of the 20,357 carts delivered. The most common complaint is that CR&R failed to remove the old mixed waste cart. Mike Carey, of CR&R, will be providing additional information at today's meeting. Legal Review Not applicable. Environmental Review Providing a progress report regarding solid waste operations 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 fiscal impacts to the District. Public Notice Process Copies of this report are on file and will be included in the complete agenda packet for the December 10, 2024 Board of Directors Study Session Meetingat District Headquarters and posted on the Districts website. Alternative Actions 1. Direct staff to report back with more information C. ITEMS OF STUDY Subject :5. Receive and File November 5, 2024 Certified Election Results Meeting :Dec 10, 2024 - Board of Directors Study Session Access :Public Type : Public Content To: Board of Directors Via: Scott Carroll, General Manager From: NoelaniMiddenway, District Clerk/Public Information Officer Date: December 10, 2024 Subject: Receive and File November 5, 2024 Certified Election Results Summary The November 5, 2024 election resulted in the election of Nicole Wiltshire (Division 2), and appointment of Arthur Perry (Division 4) to serve a four-year term ending in December2028. Recommendation That the Board of Directors receive and file the November 5, 2024 certified election results. Analysis The Orange County Registrar of Voters has certified the November 5, 2024 election results and confirmed the the election of Nicole Wiltshire (Division 2), and appointment of Arthur Perry (Division 4) to serve a four-year term ending in December2028. The election results are as follows: Division 2Candidate Name Vote Count Nicole Wiltshire 4,898 Mark Shaffer 3,844 Shaun Patrick Ferryman 985 Arthur Perry ran an uncontested race, and is therefore appointed to the office of Director representing Division 4. Legal Review Not applicable. Environmental Review 2024The results of the November 5,is not a disturbance of the environment similar to grading or construction and is not a project CEQA CEQAunderor the District's 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 10, 2024 Board of Directors Study Session meeting at District Headquarters and made available on the District's website at www.cmsdca.gov. File Attachments ROV-cert-mail.pdf (5,172 KB) D. CEREMONIAL MATTERS Subject :1. Presentation to Outgoing Board Member Brett Eckles Meeting :Dec 10, 2024 - Board of Directors Study Session Access :Public Type :Presentation F. CALL TO ORDER FROM RECESS Subject :1. Administration of the Oath of Office to Directors Arthur Perry and Nicole Wiltshire Meeting :Dec 10, 2024 - Board of Directors Study Session Access :Public Type :Procedural File Attachments oath-of-office.pdf (180 KB) F. CALL TO ORDER FROM RECESS Subject :2. Board of Directors Nominations and Appointments of Officers Meeting :Dec 10, 2024 - Board of Directors Study Session Access :Public Type :Action Recommended Action :That the Board of Directors consider appointing new officers of the Board, as well as nominate and appoint Board Members to represent the District on local, regional, and statewide committees and organizations. Public Content Summary At this time, it is appropriate for the Board of Directors to consider appointing new officers of the Board, as well as nominating and appointing Board Members to represent the District on local, regional, and statewide committees and organizations. Analysis Costa Mesa Sanitary District Board Members are nominated and appointed to serve as the District's representatives on several local, regional, and statewide committees and organizations. The Board Members may participate in the appointment of themselves to other agencies and committees, pursuant to Fair Political Practices Commission(FPPC) Regulation 18705.5, which provides that you are allowed to vote on appointments to boards, joint powers authorities of other agencies, or to a standing or ad hoc committee of your own agency, provided the District has adopted and posted on its website, on an FPCC- approvedform, the name of the public officer who has been appointed and the position and the name of any alternate, along with the term of the appointment. The following committees require the appointment of a Board Member for a two-year term: Costa Mesa Sanitary District Board: President Vice President Secretary Vice Secretary Orange County Sanitation District (OCSD) Board of Directors: Board Member + Alternate Santa Ana River Flood Protection Agency (SARFPA): Board Member + Alternate Recommendation That the Board of Directors consider appointing new officers of the Board, as well as nominate and appoint Board Members to represent the District on local, regional, and statewide committees and organizations. Legal Review Not applicable. Environmental Review Board of Directors nominations and appointmentsarean administrative matter, which will not result in direct or indirect physical changes to the environment similar to grading or construction and is not considered a project under CEQA. 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 10, 2024 Board of Directors Study Session Meeting at District Headquarters and posted on the Districts website. Alternative Actions Other action as directed by the Board of Directors. F. CALL TO ORDER FROM RECESS Subject :3. Consider Approving the 2025 Meeting and Office Closure Calendar, and Changing the Start Time for Monthly Study Session Meetings Meeting :Dec 10, 2024 - Board of Directors Study Session Access :Public Type :Action Recommended Action :That the Board of Directors approve the Costa Mesa Sanitary District 2025 Meeting and Office Closure Calendar as presented and consider changing the start time for monthly Study Session meetings. Public Content To: Board of Directors Via: Scott Carroll, General Manager From: Noelani Middenway, District Clerk/Public Information Officer Date: December 10, 2024 Subject: Consider Approving the 2025 Meeting and Office Closure Calendar and Changing theStart Time for Monthly Study Session Meetings Summary Attached is the proposed Costa Mesa Sanitary District 2025 Meeting & Office Closure Calendar for consideration and approval. Currently, the start time for Board of Directors study session meetings is 8:00 a.m. The Board may consider reverting the start time to its previous start time of 9:30 a.m. Recommendation That the Board of Directors approve the Costa Mesa Sanitary District 2025 Meeting and Office Closure Calendar as presented and consider changing the start time for monthly Study Session meetings. Analysis The following meeting dates deviate from their regular schedule due to conferences, office closures, and holidays: : The regular Board meeting has been moved from Monday, May 26 to Tuesday, May 27 due to the May Board Meeting Memorial Day holiday. : The regular Board meeting has been moved from Monday, August 25 to Monday, August 18 August Board Meeting due to the California Special Districts Association (CSDA) Annual Conference taking place August 25-27. : The Study Session is currently scheduled for Tuesday, November 11, which is Veterans November Study Session Day. District staff recommends rescheduling this meetingto Monday, November 10 or Wednesday, November 12. (Note: The CAC November meeting is also scheduled for Wednesday, November 12). : December Board Meeting The regular Board meeting is currently scheduled for Monday,December 22. District staff recommends rescheduling this meeting to Monday, December 15 in observance of the Christmas holiday week. Prior to July 26, 2021, the start time for Board of Directors study session meetings was 9:30 a.m. At this time, the Board may consider reverting the start time back to 9:30 a.m. or another suitable start time. If a new start time is selected, District staff will present a resolution at the December Board meeting to reflect that change. Legal Review Not applicable. Environmental Review Approving the 2025 Meeting & Office Closure Calendar and consideration of establishing a different start time for Board of Directors study session meetingsare administrative matters, which will not result in direct or indirect physical changes to the environment similar to grading or construction and is not considered a project under CEQA. 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 10, 2024 Board of Directors Study Session at District Headquarters and posted on the Districts website. Alternative Actions 1. Direct staff to make specified changes to proposed calendar. File Attachments calendar_2025_meeting_officeclosure.pdf (69 KB) G. CLOSING ITEMS Subject :1. Oral Communications and Director Comments Meeting :Dec 10, 2024 - Board of Directors Study Session Access :Public Type : G. CLOSING ITEMS Subject :2. Adjournment Meeting :Dec 10, 2024 - Board of Directors Study Session Access :Public 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, January 14, 2025 in the District's Boardroom, located at 290 Paularino Avenue, Costa Mesa, CA 92626.