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
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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.
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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."
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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."
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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.
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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.
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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.
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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.
