2021_08_10_ssTuesday, August 10, 2021
Board of Directors Study Session
Time: 8:00 A.M.
IMPORTANT NOTICE REGARDING AUGUST 10, 2021 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. July 2021 Code Enforcement Officer Report
2. Review of Solid Waste Ad Hoc Committee Held on July 22, 2021
3. Missed Trash Collections
D. CLOSING ITEMS
1. Oral Communications and Director Comments
2. Adjournment
Tuesday, August 10, 2021
Board of Directors Study Session
Time: 8:00 A.M.
IMPORTANT NOTICE REGARDING AUGUST 10, 2021 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
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.)
Robert Ooten, President
Michael Scheafer, Vice President
Arlene Schafer, Secretary
Arthur Perry, Director
Brett Eckles, Director
Meeting Aug 10, 2021 - 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 Aug 10, 2021 - Board of Directors Study Session
Access Public
Type Procedural
C. ITEMS OF STUDY
To: Board of Directors
Via: Scott Carroll, General Manager
From: David Griffin, Interim Code Enforcement Officer
Date: August 10, 2021
Subject: July 2021 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 July, the CMSD Interim Code Enforcement Officer 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 July, Interim Code Enforcement Officer (CEO) Griffin approached twenty-three (23) individuals
observed scavenging from CMSD trash carts. In the same month he issued 144 warning notices to residents storing
their trash carts in public view. Officer Griffin found no graffiti on trash carts in the month of July. In order to address
resident concerns, the Interim Code Enforcement Officer is patrolling streets beginning at 6:30 a.m.
Interim Officer Griffin's enforcement activities are described in more detail in the attached report.
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 August 10, 2021 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.
Subject 1. July 2021 Code Enforcement Officer Report
Meeting Aug 10, 2021 - Board of Directors Study Session
Access Public
Type Discussion
Goals 2.0 Solid Waste
2.9 Solid Waste - Enhance Code Enforcement presence
File Attachments
July 2021 Interim CEO report.pdf (1,588 KB)
C. ITEMS OF STUDY
To: Board of Directors
From: Scott Carroll, General Manager
Date: August 10, 2021
Subject: Review of Solid Waste Ad Hoc Committee Held on July 22, 2021
Summary
The Board of Directors established the Solid Waste Ad Hoc Committee to work on addressing pressing solid waste
issues facing CMSD and then make recommendations to the Board on future policies, procedures, and programs.
Serving on the Committee is President Ooten, Vice President Scheafer, Citizens Advisory Committee (CAC) Chair,
Elodie Katz and CAC member Mike Corcoran.
On July 22, 2021 the ad hoc committee met, via Zoom, to discuss and strategize how the District can assist the Cities
of Costa Mesa and Newport Beach be in compliance with SB 1383, California's Short-Lived Climate Pollutant
Reduction Strategy, which requires jurisdictions to reduce organic waste by 75% in 2025.
Recommendation
That the Board of Directors receives and file this report.
Analysis
In July 2021, the District entered into an Agreement with Mike Balliet Consulting to assist the District on developing
policies and programs for compliance with SB 1383. Mr. Balliet gave the committee a presentation about the State
law that goes into effect on January 1, 2022. Mr. Balliet's presentation and Committee discussion can be seen on the
District's YouTube channel here.
Mr. Balliet noted that the District should take the following steps to ensure compliance with the new law.
Restructure existing agreement with CR&R so that the exclusive franchise is a partner in the program by
providing route audits and new educational material requirements that focuses on climate impacts
Disseminate new bilingual outreach education material that includes SB1383 specifications identified by
CalRecycle.
Consider a waiver process for space constraints with some of the District's multi-family properties.
Integrate additional monitoring, enforcement, and reporting program.
After January 1, 2022, cities must establish and implement the following to be in compliance with SB 1383
1. Provide organics collection service to all residents and businesses
2. Provide edible food recovery program
3. Conduct education and outreach
4. Procure annually a quantity of recovered organic waste products (compost, mulch, and renewable energy)
5. Capacity planning
Subject 2. Review of Solid Waste Ad Hoc Committee Held on July 22, 2021
Meeting Aug 10, 2021 - Board of Directors Study Session
Access Public
Type Discussion
Goals 2.0 Solid Waste
2.1 Solid Waste - Focus on generating less contaminated materials
2.8 Solid Waste - Recycle green waste and food scraps
The District's curbside organics recycling program and free mulch events will assist the Cities of Costa Mesa and
Newport Beach comply with numbers 1 and 4 above. The District may consider procuring CR&R's renewable natural
gas to fuel our wastewater fleet as part of restructuring the existing agreement with CR&R. In 2022, the District needs
to implement a monitoring element for the curbside program to reduce contamination. CalRecycle refers to
contamination as "Prohibitive Container Contaminants." CalRecycle wants 75% of all organics to be separated,
processed, and diverted from landfills, but this will require a significant change in public behavior. For the next two
years, CalRecycle wants jurisdictions to implement a monitoring effort followed by a warning and educational type
notice to go to offenders. The District developing and disseminating new outreach material will conform to number 3
above. The cities and county will be responsible for implementing numbers 2 and 5 above as it relates to commercial
edible food generators.
On January 1, 2024 all jurisdictions must take action against non-compliant entities. The District will need to meet with
Costa Mesa and Newport Beach officials to determine which agency will be responsible for issuing fines for curbside
offenders. Within the next month or two, the City of Costa Mesa is getting ready to pass a new ordinance that
describes organics separation requirements for residents and businesses. The ordinance also introduces the fines
and the fine structure for violating the new law. The District will want to adopt an ordinance for the Operations Code
that's identical to Costa Mesa and Newport Beach ordinances so that no ambiguity or conflicts will arise when
enforcement occurs.
The Committee recommended that Mike Balliet develop an SB 1383 Strategic Plan that will describe how the District
will implement the necessary elements that apply to the District, and staff can begin focusing on the education
element of the Plan by creating the necessary outreach materials. Staff is scheduled to meet with Mike Balliet on
August 11. A draft Strategic Plan will be reviewed by the ad hoc committee in September followed by the Plan being
reviewed by the Board of Directors in October 2021.
Legal Review
Not applicable at this time, but District Counsel will be reviewing and commenting on the future ordinance to be
adopted.
Environmental Review
Discussing new state mandate 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 District signed a two-year agreement with MBC to provide solid waste support services at a cost of $34,000 a
year. This expense is budgeted in the FY 2021/22-2022-23 Budget.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the August 10, 2021 Board of
Directors study session meeting at District Headquarters and on District’s website.
Alternative Actions
1. Direct staff to report back with more information.
C. ITEMS OF STUDY
To: Board of Directors
From: Scott Carroll, General Manager
Date: August 10, 2021
Subject: Missed Trash Collections
Summary
Board members have requested to place this item on today's agenda for discussion. For more than a year, the
community has been experiencing unusual incidents of trash carts not being emptied on regular scheduled collection
days. Some neighborhoods are experiencing multiple weeks of their trash carts not being emptied such as Monte
Vista Avenue, Bucknell Road, Country Club Drive, Minorca Drive, and Santa Ana Avenue.
In most cases, CR&R has been good about returning the following day to empty missed trash carts, but when that
occurs it's on street sweeping day, and as a result, many streets are not being property swept. Below is a summary of
missed trash/organic carts being emptied in the month of June and July.
Analysis
In June 2021, the District received a total of 43 complaints from residents about their mixed waste and/or organic
carts not being emptied on their regular trash collection day. The following locations were missed in the month of
June.
1 Clubhouse Cir 11 Kerry Ln 21 Tustin Ave 31 Hanover Rd
2 Clubhouse Dr 12 Jefferson Ave 22 Canyon Cir 32 Pierce Ave
3 Concord St 13 Capella St 23 Magnolia St 33 Roosevelt Wy
4 Suva Cir 14 Killarney Rd 24 Lucent Ln 34 Grant Ave
5 Balearic Dr 15 Boa Vista Dr 25 Knowell Pl 35 Sharon Ln
6 Shantar Dr 16 Clarion Dr 26 Lido Pl 36 Cheyenne St
7 Chios Rd 17 Sharon Ln 27 White Oak
8 Teakwood Pl 18 Corte Levanto 28 Helena Cir
9 Willo Ln 19 Irvine Ave 29 Princeton Dr
10 Santa Ana Ave 20 Valley Rd 30 Tulane Rd
On July 13, 2021, the Board discussed CR&R service levels and approved a set of benchmarks CR&R needs to
target to determine service levels are improving. Within six months, CR&R must receive less than 174
public complaints between July through December 2021. In the month of July 2021, the District
received 94 complaints from the public regarding trash carts not being emptied on their regular collection day. The
following locations were missed in the month of July
1 Bucknell Rd 11 Sunset Dr 21 Elm Ave
2 California St 12 Royal Palm Dr 22 Magnolia St
Subject 3. Missed Trash Collections
Meeting Aug 10, 2021 - Board of Directors Study Session
Access Public
Type Discussion
Goals 2.0 Solid Waste
3 Country Club Dr 13 Placentia Ave 23 Columbia Dr
4 Santa Ana Ave 14 Orange Ave 24 Milbro St
5 Hanover Dr 15 Newport Blvd 25 Parsons St
6 Bernard St 16 Myrtlewood St 26 West Bay St
7 Canyon Dr 17 Flower St 27 Maple Ave
8 Cardiff Reef 18 Hyde Ct 28 Amherst Rd
9 Union Ave 19 Esther St 29 Willo Ln
The missed trash collections can be attributed to unit breakdown, unscheduled leave from drivers, COVID-19 testing,
hot load (materials catching fire inside the truck's hopper), carts not placed on the curb the night before, drivers not
familiar with the routes, etc. On August 5, 2021, staff and CR&R officials began having standard monthly meetings to
address service issues. It is hopeful the open communications will improve service levels. Prior to the August 5
meeting, CR&R is contacting staff more frequently about delayed services, which is allowing staff to disseminate
public announcements in a timely manner.
Legal Review
Not applicable
Environmental Review
Discussing missed trash collections 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
While there are no financial impacts to the District for missed trash collections, staff time to addressing resident
complaints is having an impact our workload.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the August 10, 2021 Board of
Directors study session meeting at District Headquarters and on District’s website.
Alternative Actions
1. Direct staff to report back with more information.
D. CLOSING ITEMS
Subject 1. Oral Communications and Director Comments
Meeting Aug 10, 2021 - 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, SEPTEMBER 14 AT 8:00 A.M..
Subject 2. Adjournment
Meeting Aug 10, 2021 - Board of Directors Study Session
Access Public
Type Procedural