2020_12_08_ssTuesday, December 8, 2020
Board of Directors Study Session
Time: 9:30 A.M.
IMPORTANT NOTICE REGARDING DECEMBER 8, 2020 STUDY SESSION MEETING
This meeting is being conducted utilizing teleconferencing and electronic means consistent
with State of California Executive Order N-29-20 dated March 17, 2020, regarding the
COVID-19 pandemic.
***
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. In accordance with Executive Order N-29-20, the
public may only view the meeting online and not in the District's Board Room.
***
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 - 899 0194 1368
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 899 0194 1368#
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 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.
1. Public Comments
C. ITEMS OF STUDY
1. Receive and file the 2020 Certified Election Results
2. Quarterly Legislative Report - Quarter 4
3. Pharmaceutical and Sharps Collection Program
D. CLOSING ITEMS
1. Oral Communications and Director Comments
2. Adjournment
Tuesday, December 8, 2020
Board of Directors Study Session
Time: 9:30 A.M.
IMPORTANT NOTICE REGARDING DECEMBER 8, 2020 STUDY SESSION MEETING
This meeting is being conducted utilizing teleconferencing and electronic means consistent
with State of California Executive Order N-29-20 dated March 17, 2020, regarding the
COVID-19 pandemic.
***
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. In accordance with Executive Order N-29-20, the
public may only view the meeting online and not in the District's Board Room.
***
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 - 899 0194 1368
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 899 0194 1368#
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 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
Robert Ooten, Vice President
Arlene Schafer, Secretary
Michael Scheafer, Director
Arthur Perry, Director
Brett Eckles, Director
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 8, 2020 - Board of Directors Study Session
Access Public
Type Procedural
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 8, 2020 - Board of Directors Study Session
Access Public
Type Procedural
C. ITEMS OF STUDY
To: Board of Directors
Via: Scott Carroll, General Manager
From: Noelani Middenway, District Clerk/Public Information Officer
Date: December 8, 2020
Subject: Receive and File November 3, 2020 Certified Election Results
Summary
The November 3, 2020 election resulted in the election of Brett Eckles (Division 2) and the re-election of
incumbent Art Perry (District 4) to serve a four-year term ending in December 2024.
Recommendation
That the Board of Directors receive and file the November 3, 2020 certified election results.
Analysis
The Orange County Registrar of Voters has certified the November 3, 2020 election results and confirmed the
election of Brett Eckles (Division 2) and the re-election of incumbent Art Perry (District 4) to serve a four-year term
ending in December, 2024.
The election results are as follows:
Division 2 Candidate Name Vote Count
Brett Eckles 6,332
James Ferryman 5,376
Division 4 Candidate Name Vote Count
Art Perry 5,623
Michelle Figueredo-Wilson 2,420
Legal Review
Not applicable.
Environmental Review
The results of the November 3, 2020 is not a disturbance of the environment similar to grading or construction and
is not a project under CEQA or the District's CEQA Guidelines.
Financial Review
There are no financial impacts to the District because expenditures were within the budgeted amount of $87,600.
Public Notice Process
Copies of this report are on file and will be included in the agenda packet for the December 8, 2020 Board of
Directors meeting at District Headquarters and made available on the District's website at www.cmsdca.gov.
Subject 1. Receive and file the 2020 Certified Election Results
Meeting Dec 8, 2020 - Board of Directors Study Session
Access Public
Type Receive and File
Alternative Actions
That the Board direct staff to report back with more information.
File Attachments
Costa Mesa Sanitary District-Certification.pdf (1,537 KB)
Costa Mesa Sanitary District, Division 2.pdf (56 KB)
Costa Mesa Sanitary District, Division 4.pdf (49 KB)
C. ITEMS OF STUDY
To: Board of Directors
Via: Scott Carroll, General Manager
From: Gina Terraneo, Management Analyst II
Date: December 8, 2020
Subject: Quarterly Legislative Update - Quarter 4
Summary
The Quarterly Legislative Report provides the Board of Directors with analyses of measures pending 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 the District is a member of. 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 Quarterly Legislative Report.
Analysis
The 116th Congress will conclude its session on January 3, 2021. The attached report includes an overview of
notable bills tracked by District staff. Below is a list of these bills.
SUPPORT
HR 7073 – “Special Districts Provide Essential Services Act”
S 4308 – “Special Districts Provide Essential Services Act”
WATCH
HR 5845 – “Break Free From Plastic Pollution Act of 2020”
HR 7228 – “Plastic Waste Reduction and Recycling Act”
October 10, 2020 was the last day for Governor Newsom to sign or veto bills passed by the Legislature. The
attached report includes an overview of notable bills tracked by District staff during the 2019-2020 Legislative
session. Below is a list of these bills.
Subject 2. Quarterly Legislative Report - Quarter 4
Meeting Dec 8, 2020 - Board of Directors Study Session
Access Public
Type Action, Receive and File
Recommended
Action
That the Board of Directors receive and file the Quarterly Legislative Report.
Goals 6.6 Administrative Management - Stay informed of Federal and State
legislation
PASSED & CHAPTERED
AB 685 – COVID-19: imminent hazard to employees: notification: serious violations
AB 992 – Open meetings: local agencies: social media
AB 1947 – Employment violation complaints: requirements: time
AB 2107 – Local government: securitized limited obligation notes
SB 1159 – Workers’ compensation: COVID-19: critical workers
SB 1383 – Unlawful employment practice: family leave
NOT PASSED
AB 196 – Workers’ compensation: COVID-19: essential occupations and industries
AB 291 – Local Emergency Preparedness and Hazard Mitigation Fund
AB 1567 – Organic waste: scoping plan
AB 1672 – Solid waste: nonwoven disposable products
AB 1839 – Economic, environmental, and social recovery: California COVID-19 Recovery Deal
AB 1840 – Recycling: reports
AB 1844 – Paid sick leave: behavioral health conditions
AB 2178 – Emergency services
AB 2182 – Emergency backup generators: water and wastewater facilities: exemption
AB 2612 – Greenhouse Gas Reduction Fund: recycling: appropriation
AB 2705 – Electricity: deenergization events
AB 2947 – Discrimination: employee complaint: standard of proof
AB 2987 – Local agency public contracts: bidding procedures
AB 2999 – Employees: bereavement leave
AB 3030 – Resource conservation: land and ocean conservation goals
AB 3223 – Information practices: public agencies
SB 931 – Local government meetings: agenda and documents
SB 952 – Sales and use taxes: exemption: backup electrical generators: deenergization events
SB 1099 – Emergency backup generators: critical facilities: exemption
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
Not applicable.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the December 8,
2020 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
Legislative Analysis Quarterly Report.pdf (512 KB)
C. ITEMS OF STUDY
To: Board of Directors
Via: Scott Carroll, General Manager
From: Nabila Guzman, Management Analyst I
Date: December 8, 2020
Subject: Pharmaceutical and Sharps Collection Program
Summary
The Sharps and Pharmaceutical waste collection programs collect used sharps and pharmaceuticals and properly
disposes of them for residents free of charge. The program ensures proper disposal of discarded needles and
other sharps to prevent health risks to the public as well as wastewater and solid waste workers. The collection of
sharps includes syringes, pen needles, and lancets while the collection of pharmaceuticals includes any unused,
non-controlled, prescription, and over-the-counter medications.
Staff Recommendation
That the Board of Directors receive and file this report.
Analysis
The Sharps and Pharmaceutical waste collection programs were launched in fiscal year 2010-2011, over the last
ten years various locations have been used as collection sites. At every collection site, CMSD pays for the
collection and disposal costs associated with each dropbox. The site just serves as a collection point.
Prior to fiscal year 2017-18, various local pharmacies served as disposal sites and hosted both a pharmaceutical
and sharps collection dropbox. In fiscal year 2017-18, California's State Board of Pharmacy added additional
requirements for collecting pharmaceutical waste from commercial pharmacies. These new requirements added
considerably more tracking for the pharmacy which made it difficult for the pharmacy to continue hosting the
dropboxes. The added requirements are only applicable if the dropbox is located in a pharmacy, they did not apply
to other locations. Due to these restrictions, the pharmaceutical dropboxes were removed from three pharmacies
and CMSD went from offering 4 disposal locations to two (Senior Center & CMSD HQ).
Since fiscal year 2017-2018, CMSD staff has worked on promoting the sharps and pharmaceutical program to let
residents know of the new locations and proper disposal options. CMSD staff has advertised the program on
CMSD's website, social media platforms, ads in the Costa Mesa's Recreation Guide, and Newport Mesa's State of
the District Breakfast. Even with all the additional promotion and advertisement for the program, collection levels
of sharps and pharmaceutical waste has significantly decreased. The historical trend illustrated below leads staff
to believe that participating pharmacies were using the dropbox to dispose of their expired and unused medication
and it was not reflective of material collected from residents. Also included below is a graph of program cost per
fiscal year.
Subject 3. Pharmaceutical and Sharps Collection Program
Meeting Dec 8, 2020 - Board of Directors Study Session
Access Public
Type Discussion
The dropboxes are placed near the entry at all current locations and proof of CMSD service area residency is not
required. Over the last few months that CMSD HQ has been closed to the public due to the COVID-19 pandemic,
staff has received calls wanting to know where to dispose of their sharps and pharmaceuticals. Staff has inquired
if they are CMSD residents and a majority of the callers do not live or work in Costa Mesa or Newport Beach.
Additionally, it has come to the attention of staff that a third party website (safeneedledisposal.org) is advertising
the CMSD collection sites as collection points for sharps. The website listed each dropbox location, that free
sharps containers are provided and that no proof of residency is required.
A report on these programs was presented to the Citizens Advisory Committee (CAC) on September 9, 2020. At
that meeting, District staff requested that the CAC consider discontinuing the program and make a formal
recommendation to the Board of Directors. The CAC directed staff to gather data on the city of origin for dropbox
users and report back to the CAC with that information before they made a recommendation to the Board. District
staff has created a sign-in sheet, now those stopping by to use the drop boxes are asked to disclose the City they
live in. Since this was implemented, 25 individuals have dropped of sharps waste and 13 (52%) of those
individuals have been from other cities. For comparison, 15 individuals have utilized the pharmaceutical dropbox
and 3 (23%) of them have been from other cities.
CMSD staff will continue to monitor these programs and bring this item back to the Board of Directors at a later
time with more information. Currently, ratepayer money is being used to fund these programs, and District staff
does not believe that it is fully being utilized by CMSD residents. Staff continues to belive the program should be
discontinued as there are several local options for the safe disposal of these materials such as:
Pharmaceutical Waste - Collection drop box at Walgreens Pharmacy at 1726 Superior St Costa Mesa, CA
92627.
- DEA hosts two national collection days in partnership with local police departments in
April and October. These events accept controlled substances.
Sharps Waste - CMSD Residents can schedule a free door-to-door HHW pickup for the sharps.
- Residents can drop off their sharps in a sealed container at any of the four permanent County
HHW facilities.
CMSD would continue to advertise and bring awareness to the need for proper disposal of these items as well as
promote the proper ways to do it. CMSD staff believes that the need to fund these programs is not there and funds
should be redirected towards other programs of use for CMSD residents.
Legal Review
Not applicable.
Environmental Review
Consideration of the Pharmaceutical and Sharps Collection Program is an administrative matter and not a
disturbance of the environment similar to grading or construction and not a project under CEQA or the District’s
CEQA Guidelines.
Financial Review
Pharmaceutical Program has budget of $15,000 in fiscal year 2020-21 and has an available balance of $14,399
as of December 2020. The Sharps Program has a budget of $14,000 and has an available balance of $10,980.
The District has not received or paid the November 2020 invoice for both programs.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the December 8, 2020
Board of Directors Study Session meeting at District Headquarters and posted on the District’s website.
Alternative Action
1. Direct staff to report back with more information.
File Attachments
Collection by FY.png (13 KB)
Cost by FY.png (14 KB)
D. CLOSING ITEMS
Subject 1. Oral Communications and Director Comments
Meeting Dec 8, 2020 - Board of Directors Study Session
Access Public
Type
D. CLOSING ITEMS
THE NEXT STUDY SESSION OF THE COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS WILL
BE HELD ON TUESDAY, JANUARY 12, 2021 AT 9:30 A.M. VIA TELECONFERENCE.
Subject 2. Adjournment
Meeting Dec 8, 2020 - Board of Directors Study Session
Access Public
Type Procedural