agenda_2021_10_22Friday, October 22, 2021
Solid Waste Ad Hoc Committee Meeting
Friday, October 22, 2021 - 10:30 A.M.
IMPORTANT NOTICE REGARDING OCTOBER 22, 2021 AD HOC MEETING
This hybrid in-person and teleconferenced meeting will utilize electronic means consistent
with State of California Assembly Bill 361 (Gov. Code § 54953(b)(3)).
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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 - 845 5293 3248
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 845 5293 3248#
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. Call to Order - President Ooten
Meeting Oct 22, 2021 - Solid Waste Ad Hoc Committee Meeting
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A. OPENING ITEMS
Subject 2. Public Comments - Speakers will be limited to three minutes. The
three minutes per speaker time allotted may be extended for good
cause by a majority vote of the committee).
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B. DISCUSSION ITEMS
To: Solid Waste Ad Hoc Committee
Via: Scott Carroll, General Manager
From: Nabila Guzman, Management Analyst I
Date: October 20, 2021
Subject: Discuss the September 2021 Cart-to-Cart Outreach Results
Summary
During the month of September, CR&R's Senior Sustainability Coordinator and CMSD's Management Analyst I
conducted a cart-to-cart outreach effort focused on providing feedback to each home on their use of the Organics
Recycling Cart.
Recommendation
That the Solid Waste Ad Hoc Committee receive and file this report.
Analysis
For three weeks during the month of September, CMSD and CR&R staff conducted a cart-to-cart outreach for the
Wednesday Organics Route. A total of 180 homes were visited over the three-week effort and only 7 homes (3.88%)
had food waste in their Organics Recycling Cart. Staff visited three different neighborhoods, East Costa Mesa,
College Park and a single-family neighborhood near CMSD Headquarters. Below is a breakdown of what was
observed:
Date Oops Tags Awesome Tags Uh-Oh Tags Homes Visited
9/15/2021 3 Oops Tags 41 Awesome Tags 16 Uh-Oh Tags 60 Homes
9/22/2021 5 Oops Tags 45 Awesome Tags 10 Uh-Oh Tags 60 Homes
9/29/2021 5 Oops Tags 25 Awesome Tags 30 Uh-Oh Tags 60 Homes
In total, 13 homes (7.22%) received an Oops Tag for not placing their Organics Recycling Cart out for collection. 112
homes (62.22%) received an Awesome Tag for having yard waste in their cart, and 56 Uh-Oh Tags (31.11%) were
issued to homes that had trash/recyclables in their Organics Recycling Cart. On week 3 of the outreach, one resident
received a $25 giftcard for having her Organics Recycling Cart out for collection in the neighborhood with the lowest
participation.
Staff is requesting outreach ideas from the Solid Waste Ad Hoc Committee on how to encourage residents to place
their Organics Recycling Cart out for collection and to help encourage the placement of food waste in the cart. Earlier
this month, CMSD staff received an outreach and three-cart proposal from CR&R. After reviewing the proposal and
based on the outreach findings above, CMSD staff is recommending the existing two-cart system remain in place at
least through June 2022. During this time, CMSD would like CR&R to use the dedicated 20 hours a week for SB 1383
compliance outreach along with the completion of quarterly waste characterization studies to see if the outreach is
having an effect on our resident's behavior. The use of the existing allocated 20 hours a week by CR&R ensures that
Subject 1. Discuss the September 2021 Cart-to-Cart Outreach Results
Meeting Oct 22, 2021 - Solid Waste Ad Hoc Committee Meeting
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Type Discussion, Receive and File
Goals 2.8 Solid Waste - Recycle green waste and food scraps
2.1 Solid Waste - Focus on generating less contaminated materials
2.0 Solid Waste
outreach is completed at no added cost to CMSD. Under SB 1383, local jurisdictions have a two-year period to focus
on education before having to fine residents for non-compliance and cross contamination with their curbside cart
system. Conducting SB 1383 outreach through CR&R for the rest of the fiscal year will allow CMSD to gather more
data on our residents disposal behaviors in order to make a more informed decision on a three-cart system and how
that outreach should be formulated.
Legal Review
Not Applicable
Environmental Review
Subject activity 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 is sufficient fund in the budget to cover for the $25 incentive gift card and staff time to conduct the cart-to-cart
outreach program.
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the October 20, 2021 Board of
Directors Regular meeting at District Headquarters and posted on the District’s website.
Alternative Actions
Refer item back to staff with further instructions.
File Attachments
AWESOME-CartHanger.pdf (3,715 KB)
OOPS-CartHanger.pdf (3,281 KB)
Uh-Oh Tag.pdf (2,534 KB)
B. DISCUSSION ITEMS
To: Solid Waste Ad Hoc Committee
From: Scott Carroll, General Manager
Date: October 22, 2021
Subject: Review and Discuss Proposed CMSD Ordinance to Implement the Requirements of Senate Bill 1383
- Mandatory Organic Waste Disposal Reduction
Summary
In September 2016, Governor Edmund Brown Jr. set methane emissions reduction targets for California (Senate Bill
1383 Lara, Chapter 395, Statutes of 2016) in a state-wide effort to reduce emissions of short-lived climate pollutants
(SLCP). Senate Bill 1383 (SB1383), otherwise known as the Short-lived Climate Pollutant Reduction Act of
2016, directs the Department of Resources Recycling & Recovery (CalRecycle) to adopt regulations and
requirements to achieve state-wide goals including a goal to reduce organic waste disposal into landfills by 50 percent
by 2020 and 75 percent by 2025 and increase edible food recovery by 20 percent by 2025.
Recommendation
That the ad hoc committee recommends bringing this item back for discussion at the November 9, 2021 Board of
Directors study session meeting and at the November 10, 2021 Citizens Advisory Committee meeting
Analysis
On January 1, 2022, municipalities and county agencies will be responsible for implementing SB 1383. Per the
regulations, municipalities and county agencies must:
Provide organic waste collection to all residents and businesses.
Establish a food recovery program to recover edible food from the waste stream and redistribute it for
consumption.
Conduct outreach and education to all affected parties, including waste generators, haulers, facilities, edible
food recovery organizations and City departments.
Conduct Capacity Planning: Evaluate the City’s readiness to implement SB 1383 including organics collection,
recycling and edible food recovery capacity.
Procure recycled organic waste products like compost, mulch, and renewable natural gas (RNG) and electricity.
Inspect and enforce compliance with SB 1383.
Maintain accurate and timely records of SB 1383 compliance
While SB 1383 does not apply to special districts, CMSD will need to coordinate our efforts with the Cities of Costa
Mesa, Newport Beach, the County of Orange and CR&R Environmental Services to ensure the jurisdictions are in
compliance with the new law, or they could face fines from CalRecycle for being non-compliant that could be as high
as $10,000 per day. CMSD efforts to assist with compliance will include, but not limited to the following:
Subject 2. Review and Discuss Proposed CMSD Ordinance to Implement the
Requirements of Senate Bill 1383 - Mandatory Organic Waste Disposal
Reduction
Meeting Oct 22, 2021 - Solid Waste Ad Hoc Committee Meeting
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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
1. Provide curbside organic waste collection services to all CMSD solid waste rate payers.
2. Transport organic waste material to a facility that recovers organic waste.
3. Conduct public outreach regarding the Short-lived Climate Pollutant Reduction Act by providing educational
materials to CMSD solid waste rate payers.
4. Inspect and investigate curbside containers, collection vehicle loads, and/or processing facilities to confirm
compliance.
5. Receive anonymous complaints about potential non-compliant with SB 1383.
6. Enforcement by issuing Notice of Violations and potentially issuing administrative citations.
In order to provide the services mentioned above, CMSD will need to adopt a mandatory organic waste disposal
reduction ordinance that will amend the District's Operations Code so that the Code is consistent with new state
regulations. Attached is the first draft ordinance for adopting a mandatory organic waste disposal reduction program.
On October 5, 2021, the City of Costa Mesa City Council received their first reading of the City's SB 1383 ordinance,
and they officially adopted the ordinance on October 19, 2021. Click here to read the City's staff report and
ordinance. The City of Newport Beach and the County of Orange are is expected to adopt similar ordinances later this
year.
Legal Review
District Counsel will review and edit the draft ordinance after receiving comments from the Solid Waste Ad Hoc
Committee
Environmental Review
Subject activity 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
Staff believes the District will incur costs for implementing the ordinance. Specifically, costs for providing public
outreach, inspections and investigations and possibly enforcement (the District is still in discussion Cities of Newport
Beach and Costa Mesa on who will be responsible for enforcing violations from residential rate payers). Staff is
negotiating with CR&R Environmental Services on providing public outreach, inspection and investigation services
and staff believes CR&R can commit twenty hours a week to SB 1383 because Section 9.3.A of their existing contract
with CMSD states:
"HAULER's Sustainability Coordinator will dedicate approximately 20 hours a week promoting Solid Waste diversion
programs in CMSD."
The exact dollar amount CMSD will spend for implementing the attached ordinance is still being determined.
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the October 20, 2021 Board of
Directors Regular meeting at District Headquarters and posted on the District’s website.
Alternative Actions
1. Direct staff to report back with more information.
File Attachments
Proposed CMSD Ordinance First Draft.pdf (246 KB)
C. CLOSING ITEMS
Subject 1. Committee Member Comments
Meeting Oct 22, 2021 - Solid Waste Ad Hoc Committee Meeting
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C. CLOSING ITEMS
Subject 2. Adjournment
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