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2021_12_14_ss12/9/21, 12:27 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#1/2 Tuesday, December 14, 2021 Board of Directors Study Session Time: 8:00 A.M. IMPORTANT NOTICE REGARDING DECEMBER 14, 2021 STUDY SESSION 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)). *** 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 - 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 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 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. 12/9/21, 12:27 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#2/2 1. Public Comments C. ITEMS OF STUDY 1. Receive and File FY 2020-21 CR&R Performance Review 2. Consider Directing the General Manager to Renegotiate the CR&R Environmental Services Contract for SB 1383 Compliance 3. Receive and File November 2021 Code Enforcement Officer Report 4. Provide Staff Direction Regarding 2021 Wastewater Rate Study D. CLOSING ITEMS 1. Oral Communications and Director Comments 2. Adjournment 12/9/21, 12:28 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#1/15 Tuesday, December 14, 2021 Board of Directors Study Session Time: 8:00 A.M. IMPORTANT NOTICE REGARDING DECEMBER 14, 2021 STUDY SESSION 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)). *** 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 - 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 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 14, 2021 - Board of Directors Study Session Access Public Type Procedural 12/9/21, 12:28 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#2/15 Robert Ooten, President Michael Scheafer, Vice President Arlene Schafer, Secretary Arthur Perry, Director Brett Eckles, Director 12/9/21, 12:28 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#3/15 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 14, 2021 - Board of Directors Study Session Access Public Type Procedural 12/9/21, 12:28 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#4/15 C. ITEMS OF STUDY To: Board of Directors Via: Scott Carroll, General Manager From: Nabila Guzman, Management Analyst I Date: December 14, 2021 Subject: Receive and File FY 2020-21 CR&R Performance Review Summary Per Section 4.6 of the Agreement, the “DISTRICT shall complete a yearly performance review of the trash collection and recycling program on a yearly basis and CONTRACTOR and DISTRICT shall meet to discuss and resolve problems that may be occurring in the programs. DISTRICT shall prepare a performance review form that allows for evaluation of services provided at the residences as well as administrative services including report preparation, accuracy, and timeliness of transmittal, responsiveness to inquiries, database management, service levels and helpfulness.” Recommendation That the Board of Directors receives and files CR&R's Annual Performance Review for FY 2020-21. Analysis The evaluation term was July 1, 2020 to June 30, 2021. The internal audit completed found that CR&R has demonstrated acceptable compliance for the year in review but there are areas to work on highlighted below and in the report. The performance was evaluated on the following grading scale: Excellent, Satisfactory, Unsatisfactory, and Not Applicable. Staff reviewed CR&R's performance in nine areas and made the following findings: 1. Service To Be Provided and Term: CR&R furnished all labor to collect, transport, recycle and dispose of solid waste collected. Monthly reports have confirmed that all material collected from CMSD service area is going to CR&R's MRF and AD Facility as outlined in the contract. Due to the COVID-19 pandemic, contents in the mixed waste cart were transported directly to the landfill the first four months of the fiscal year in review. Organic material in the Organics Recycling Carts continued to be sorted and recycled at the AD Facility. 2. Hauler Compensation: The District's goal is to maintain a net-to-hauler rate that does not exceed ten percent of the County average. The standard per-unit net-to-hauler payment for the review period is $19.03 which is $2.10 below the county average of $21.13. The Countywide review process is becoming outdated as the data is not an apples-to-apples comparison of what is paid for since CMSD pays a per-ton fee. 3. Records, Reports, Reviews and Audits: CR&R promptly sends District staff month-end reports for processing. 4. Operations: The internal review conducted did not include an extensive vehicle and route review as in years past. The last review of CR&R concluded in March 2021 and found an aging fleet and over-packing of collection vehicles in certain routes. As part of the benchmarks developed in June 2021, CR&R is waiting on new vehicles set for delivery in February 2022, and CMSD staff has confirmed that over-packed routes have reduced their loads over 13 tons. 5. Insurance, Bonds and Indemnifications: N/A 6. Default and Damages: N/A Subject 1. Receive and File FY 2020-21 CR&R Performance Review Meeting Dec 14, 2021 - Board of Directors Study Session Access Public Type Action, Receive and File Recommended Action That the Board of Directors receives and files CR&R's Annual Performance Review for FY 2020-21. Goals 2.0 Solid Waste 12/9/21, 12:28 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#5/15 7. Collection Schedule: 425 missed curbside pickup complaints were received by CMSD during the year in review. 8. Special Programs: CMSD customers experienced severe delays with the 2020 Christmas Tree Collection program, CMSD staff received 101 missed collection requests and collections occurred over a two-month period rather than two weeks. 9. Miscellaneous: CMSD staff has met with CR&R to discuss SB 1383 compliance, the regulatory burden of route reviews, tracking contamination, exemptions, compiling new reports, and conducting waste characterization studies. The current CR&R contract will need to be renegotiated which may increase the overall cost of service. Legal Review Not Applicable. Environmental Review A performance review of CR&R in and of itself is an administrative matter and 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. The programs of CR&R, such as the organics programs, receive individual CEQA review when they are initiated or revised. Financial Review There are no financial impacts to the District because the FY 2020-21 CR&R Performance Review was conducted internally by staff. Public Notice Process Copies of this report are on file and will be included in the complete agenda packet for the December 14, 2021 Board of Directors Study Session meeting at District Headquarters and posted on the District’s website. Alternative Actions Refer item back to staff with further instructions. File Attachments FY 20-21 CMSD Evaluation.pdf (399 KB) 12/9/21, 12:28 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#6/15 C. ITEMS OF STUDY To: Board of Directors Via: Scott Carroll, General Manager From: Nabila Guzman, Management Analyst I Date: December 14, 2021 Subject: Consider Directing the General Manager to Renegotiate the CR&R Environmental Services Contract for SB 1383 Compliance Summary District staff and solid waste consultant, Michael Balliet Consulting (MBC) have worked with CR&R Environmental Services to identify gaps in current service that are not SB 1383 compliant. Among the list of items that will need to be renegotiated is a possible transition into a three-cart curbside collection system. Staff is requesting that the Board of Directors direct the General Manager to begin formal negotiations with CR&R to update the District's solid waste contract for full SB 1383 compliance and a transition to a three-cart system. Recommendation That the Board of Directors directs the General Manager to begin negotiations with CR&R Environmental Services for SB 1383 trash contract compliance. Analysis CMSD staff with the assistance of the District's solid waste consultant, Michael Balliet, have had informal talks with CR&R regarding a transition to a three-cart program. As the District works to be SB 1383 compliant, a series of meetings have been scheduled with CR&R to discuss where current gaps in service exist. After reviewing SB 1383 text, CMSD staff would like CR&R to take on the regulatory burden of route reviews, tracking contamination, service exemptions, compiling new reports, and conducting waste characterization studies. All these new tasks will require CMSD to renegotiate the solid waste contract with CR&R. Also discussed during the team meetings has been switching the District from a two-cart system to a three-cart system. Establishing a source separating curbside recycling program would ideally increase the District’s diversion rate because fewer recyclables will end up in the landfill due to contamination, and it would allow the District to be in full compliance with state mandates. The SB 1383 regulations require anyone using a two-cart system to take their material to a high-diversion facility for processing. Over the last few years, all CR&R cities have converted to a three-cart program except for CMSD who still uses a dirty MRF. CR&R has explained that it would be too costly to upgrade their existing facility to achieve compliance with the new SB 1383 regulations and therefore, it's highly likely regulators will not classify CR&R's MRF as a high-diversion facility. If CMSD decides to keep a two-cart system, CR&R would pass on the cost to update their facility to CMSD ratepayers. CMSD staff believes that a source-separated three-cart system would result in cleaner recyclable material leading to increased diversion, eliminate the cost of mixed waste processing, allow for simpler educational outreach since a three-cart system is the standard in the United States and for CR&R customers. Having residents’ source-separate allows them to become familiar with the waste they produce and will hopefully encourage the disposal of food waste in the organics cart since they will also be separating the recyclable material. Furthermore, while 71% of nearly 1,200 CMSD residents indicated in CMSD's 2021 Community Survey they are satisfied with the two Subject 2. Consider Directing the General Manager to Renegotiate the CR&R Environmental Services Contract for SB 1383 Compliance Meeting Dec 14, 2021 - Board of Directors Study Session Access Public Type Action (Consent) Recommended Action That the Board of Directors directs the General Manager to begin negotiations with CR&R Environmental Services for SB 1383 trash contract compliance. Goals 2.8 Solid Waste - Recycle green waste and food scraps 2.6 Solid Waste - Improve waste stream and recycling reporting 2.1 Solid Waste - Focus on generating less contaminated materials 2.0 Solid Waste 12/9/21, 12:28 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#7/15 cart system, over half of them (58%) support moving to a 3-cart system. The significant reason why residents do not support a two-cart system is because they believe the District does not recycle. The initial CR&R proposal attached is a good starting point but with a new contract, CMSD staff would like to explore the option of offering 90-gallon waste containers to residents. Currently, only two sizes are offered, 65 and 35-gallon carts with 90-gallon carts being grandfathered in. As of November 30, 2021 there are 13,363 90-gallon carts issued to residents in our service area. Thinking ahead, CMSD staff would like to explore the possibility of CR&R doing the billing for trash service as they already do for other city clients. CMSD has always placed trash and wastewater rates on property taxes, but with the option of offering different size carts, CR&R can better keep track of this information and a variable rate system can be put in place in the future. This would mean each home would pay a rate based on the combination of cart sizes they have at home. Allowing CR&R to bill would make a pay-as-you-throw rate system an option for CMSD. Lastly, when CMSD rolled out the Organics Recycling Program in 2015 the District allowed for exemptions to homes that did not have the space or produced enough organics to need a cart. There were an estimated 640 existing homes that have requested an exemption from the Organics Program. Below is a breakdown of these homes: 337 single-family homes 32 multi-family homes (122 units) 271 homes (1,471 units) with no curbside space for carts In addition to these are 640 homes, all new developments built since 2015 have been organics exempt. All these homes will need to be introduced to the organics program and delivered additional carts over the next two years. SB1383 does not allow for residential exemptions. This additional roll-out effort would be carried out by CR&R and their team over a two-year period. Staff believes the community support, along with the SB 1383 regulations, allows the Board of Directors and CMSD staff to negotiate a new contract that will meet the needs of the community and keep CMSD in compliance with the State of California. A source-separated recycling system would allow for material collected from the CMSD service area to a clean MRF, the advantages to using a clean MRF are: Less contamination. More than 90% of the material entering a clean MRF is processed and made ready for sale. A dirty MRF recovers up to 60% of incoming material for recycling Higher diversion, which gives the District a better opportunity to achieving its goal of 75% diversion. Easier to provide education on cart service Less labor-intensive because sorting activities to separate recyclables are minimal. Recyclable materials are already separated. More paper and cardboard will be recovered and recycled because these materials are usually contaminated in a co-mingled collection system. Less prone to odor emissions and dust generation due to minimal mechanical processing. Dust can irritate lungs and create choking hazards, irritate eyes, and reduce visibility, diminish worker safety, and foul up machinery and moving parts. There are serious health and safety issues associated with waste odor emissions. Decomposing waste can give off both carbon dioxide and methane gas deepening on its stage of decomposition and moisture content. Both gases are extremely dangerous in confined locations as they can accumulate to high degrees of concentration. Attached is CR&R’s initial SB 1383 compliance and three-cart system proposal submitted to staff on September 30, 2021. Staff is requesting that the Board of Directors direct the General Manager to begin formal negotiations with CR&R Environmental Services to update the solid waste contract for full SB 1383 compliance and transition to a three-cart system. In addition, staff is recommending the District's Solid Waste Ad Hoc Committee continue to meet and receive negotiation updates from staff. Legal Review Not Applicable at this time. However, District Counsel will get involved by reviewing, editing and approving contract amendments with CR&R. Environmental Review A performance review of CR&R in and of itself is an administrative matter and 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. The programs of CR&R, such as the organics programs, receive individual CEQA review when they are initiated or revised. Financial Review CR&R proposed a new rate of $24.08 per month, as stated in the attachment. The District needs additional information and a breakdown of the proposed rate. Currently, the District pays CR&R $10.36 a month for collection per parcel, $54.98 per recycling tonnage, and $75.65 per organics tonnage. Public Notice Process Copies of this report are on file and will be included in the complete agenda packet for the December 14, 2021 Board of Directors Study Session meeting at District Headquarters and posted on the District’s website. Alternative Actions Refer item back to staff with further instructions. 12/9/21, 12:28 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#8/15 File Attachments Costa Mesa 3-Cart and SB1383 Proposal 9-30-21.pdf (456 KB) All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. 12/9/21, 12:28 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#9/15 C. ITEMS OF STUDY To: Board of Directors Via: Scott Carroll, General Manager From: David Griffin, Interim Code Enforcement Officer Date: December 14, 2021 Subject: Receive and File November 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 November, 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 November, Interim Code Enforcement Officer (CEO) Griffin approached eight (8) individuals after observing them scavenging from CMSD trash carts. In the same month he issued 110 warning notices to residents storing their trash carts in public view. Interim Officer Griffin found no graffiti on trash carts in the month of November. 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 December 14, 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. File Attachments November 2021 CEO Report.pdf (859 KB) Subject 3. Receive and File November 2021 Code Enforcement Officer Report Meeting Dec 14, 2021 - Board of Directors Study Session Access Public Type Action Recommended Action That the Boar of Directors receive and files this report Goals 2.0 Solid Waste 2.9 Solid Waste - Enhance Code Enforcement presence 12/9/21, 12:28 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#10/15 C. ITEMS OF STUDY To: Board of Directors From: Scott Carroll, General Manager Date: December 14, 2021 Subject: Provide Staff Direction Regarding 2021 Wastewater Rate Study Summary Approximately 97.4% of the District's wastewater revenues are from assessment rates that are applied to the property tax roll. Periodically, the District will evaluate the rates to ensure revenues are covering expenditures. The last wastewater rate study was done in 2012 and the last wastewater rate increase was in 2017. On November 9 and 16, 2021, the Board received two presentations from District consultant, Robert D. Niehaus, Inc. (RDN), the firm hired by staff to perform the study. The Board directed staff to report back with additional information. Specifically, the Board requested more information for implementing a two-year rate plan and a five-year plan that include revenue adjustments of 8% per year for the next five years. Recommendation That the Board of Directors: 1. Provide staff direction regarding the 2021 Wastewater Rate Study 2. Direct staff to bring this item back to the December 20, 2021 Board of Directors meeting to receive and file the preliminary report regarding the 2021 Wastewater Rate Study and approve setting a public hearing date to be on February 28, 2022 to consider adopting wastewater rates effective July 1, 2022. Analysis Staff and RDN are presenting five options for Board consideration. Staff is recommending the Board select OPTION E and report back on December 20, 2021 with the RDN's preliminary report that include the proposed rates in OPTION E. The following is more information, which include the pros and cons for each option. OPTION A This option is the original five-year rate structure presented to the Board on November 9 and 16. However, the revenue adjustment was slightly modified from 9.9% to 9.6% for the next five consecutive years (2022/23-2026/27). Pros: - Fiscally sound based on RDN growth projection - Generates enough revenues to perform $12 million worth of capital improvement projects - No substantial rate adjustment after FY 2026-27 Subject 4. Provide Staff Direction Regarding 2021 Wastewater Rate Study Meeting Dec 14, 2021 - Board of Directors Study Session Access Public Type Action Recommended Action That the Board of Directors: 1. Provide staff direction regarding the 2021 Wastewater Rate Study 2. Direct staff to bring this item back to the December 20, 2021 Board of Directors meeting to receive and file the preliminary report regarding the 2021 Wastewater Rate Study and approve setting a public hearing date to be on February 28, 2022 to consider adopting wastewater rates to be effective on July 1, 2022. Goals 1.0 Sewer Infrastructure 1.1 Sewer Infrastructure - Prevent Sanitary Sewer Overflows (SSOs) 8.0 Finance 8.3 Finance - Forecast revenues and expenditures 8.4 Finance - Maintain appropriate reserve levels 8.7 Finance - Ensure rates are not among the highest in the County 12/9/21, 12:28 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#11/15 - Could lower rates if growth happens Cons: - 48% increase for Single Family Residential by FY 2026-27 - 92% increase for Multi-Family Residential by FY 2026-27 - 46% increase for Industrial by FY 2026-27 Wastewater FY 2022-2023 FY 2023-2024 FY 2024-25 FY 2025-26 FY 2026-27 Revenue Adjustments 9.60%9.60%9.60%9.60%9.60% Annual Rates Customer Class Current Rates FY 2022-2023 FY 2023-2024 FY 2024-25 FY 2025-26 FY 2026-27 Single-Family Residential 92.38 94.82 103.92 113.90 124.83 136.82 Multi-Family Residential 54.21 71.97 78.88 86.45 94.75 103.85 Commercial - Ave Strength 41.09 41.34 45.31 49.66 54.43 59.65 Commercial - High Strength 44.81 46.03 50.45 55.29 60.60 66.42 Industrial 105.48 106.45 116.67 127.87 140.14 153.60 Trailer 54.21 66.84 73.26 80.29 88.00 96.44 ADU 0.00 34.85 38.20 41.86 45.88 50.29 OPTION B This option is a two-year option based on the first two-year rate structure in Option A above Pros: - 12.5% increase for Single Family Residential by FY 2023-24 - 45.5% increase for Multi-Family Residential by FY 2023-24 - 11% increase for Industrial by FY 2023-24 Cons: - Creates $4.2 million deficit based on RDN housing growth projection and $2.6 million deficit based on the "fast growth" draft City option by the end of FY 2026-27 (Year 5). - Subsequent rates to compensate for the projected shortfall will also be very high. - Must conduct another rate study in FY 2023-24 at a cost of $50,000+ (consultant and staff costs) - Another study could take close to one year to complete. - Requires the District to hold another public hearing for Proposition 218 at a cost of $30,000 for printing and mailing notices and conducting town hall meeting. Wastewater FY 2022-2023 FY 2023-2024 Revenue Adjustments 9.60%9.60% Annual Rates Customer Class Current Rates FY 2022-2023 FY 2023-2024 Single-Family Residential 92.38 94.82 103.92 Multi-Family Residential 54.21 71.97 78.88 Commercial - Ave Strength 41.09 41.34 45.31 Commercial - High Strength 44.81 46.03 50.45 Industrial 105.48 106.45 116.67 Trailer 54.21 66.84 73.26 ADU 0.00 34.85 38.20 OPTION C This option is a two-year rate structure that creates enough revenue to avoid deficits projected in Option B above. Pros: - Fiscally sound based on RDN growth projection - Generates enough revenues to perform $12 million worth of capital improvement projects - Rates are stabilized for three consecutive years (FY 2024-25 through FY 2026-27) - Mild rate increase (4%) following FY 2026-27. Cons: - 28% increase for Single Family Residents in two years - 66% increase for Multi Family Residents in two years - 26% increase for Industrial in two years - District cannot lower the increase if growth happens after the third year Wastewater FY 2022-2023 FY 2023-2024 FY 2024-25 FY 2025-26 FY 2026-27 Revenue Adjustments 17.00%17.00%0.00%0.00%0.00% 12/9/21, 12:28 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#12/15 Annual Rates Customer Class Current Rates FY 2022-2023 FY 2023-2024 FY 2024-25 FY 2025-26 FY 2026-27 Single-Family Residential 92.38 101.22 118.43 118.43 118.43 118.43 Multi-Family Residential 54.21 76.83 89.89 89.89 89.89 89.89 Commercial - Ave Strength 41.09 44.13 51.63 51.63 51.63 51.63 Commercial - High Strength 44.81 49.14 57.49 57.49 57.49 57.49 Industrial 105.48 113.64 132.96 132.96 132.96 132.96 Trailer 54.21 71.35 83.48 83.48 83.48 83.48 ADU 0.00 37.21 43.54 43.54 43.54 43.54 OPTION D This option is a five-year rate structure that includes a rate adjustment of 8.1% each year of the five-year period. Pros: - Fiscally sound based on RDN growth projection. - Commercial Ave Strength and Industrial rates will decrease in FY 2022-23. - Mild rate increase (3%) following FY 2026-27. - Could lower rates if growth happens. Cons: - Reduced capital improvement expenditures by $2 million. - 39% increase for Single Family Residential by FY 2026-27. - 79% increase for Multi-Family Residential by FY 2026-27. - 36% increase for Industrial by FY 2026-27. Wastewater FY 2022-2023 FY 2023-2024 FY 2024-25 FY 2025-26 FY 2026-27 Revenue Adjustments 8.10%8.10%8.10%8.10%8.10% Annual Rates Customer Class Current Rates FY 2022-2023 FY 2023-2024 FY 2024-25 FY 2025-26 FY 2026-27 Single-Family Residential 92.38 93.75 101.34 109.55 118.43 128.02 Multi-Family Residential 54.21 70.90 76.64 82.85 89.56 96.82 Commercial - Ave Strength 41.09 40.73 44.03 47.60 51.45 55.62 Commercial - High Strength 44.81 45.36 49.03 53.01 57.30 61.94 Industrial 105.48 104.90 113.40 122.58 132.51 143.24 Trailer 54.21 65.81 71.14 76.90 83.13 89.87 ADU 0.00 34.31 37.09 40.09 43.34 46.85 OPTION E This option is a new option staff is proposing to the Board. The accumulative revenue adjustment for the five-year period is almost equal to the accumulative revenue adjustment in Option D above. However, the District will have over $400,000 in cash balance at the end of FY 2026-27. The surplus of funds can be allocated toward capital improvement projects. Pros: - Fiscally sound based on RDN growth projection. - Mild rate increase (3%) following FY 2026-27. - Cash surplus at the end of FY 2026-27 - Allocating the surplus funding on CIP during the Rate period, will minimize subsequent rates required to "catch-up" with deferred capital expenditures. Cons: - Reduced capital improvement expenditures by $2 million. - 37% increase for Single Family Residential by FY 2026-27. - 77% increase for Multi-Family Residential by FY 2026-27. - 35% increase for Industrial by FY 2026-27. Wastewater FY 2022-2023 FY 2023-2024 FY 2024-25 FY 2025-26 FY 2026-27 Revenue Adjustments 9.50%8.50%8.00%7.50%6.00% Annual Rates Customer Class Current Rates FY 2022-2023 FY 2023-2024 FY 2024-25 FY 2025-26 FY 2026-27 Single-Family Residential 92.38 94.96 103.03 111.27 119.62 126.80 Multi-Family Residential 54.21 71.81 77.91 84.15 90.46 95.89 Commercial - Ave Strength 41.09 41.25 44.76 48.34 51.96 55.08 Commercial - High Strength 44.81 45.95 49.86 53.84 57.88 61.36 Industrial 105.48 106.26 115.29 124.52 133.85 141.89 12/9/21, 12:28 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#13/15 Customer Class Current Rates FY 2022-2023 FY 2023-2024 FY 2024-25 FY 2025-26 FY 2026-27 Trailer 54.21 66.66 72.33 78.11 83.97 89.01 ADU 0.00 34.75 37.70 40.72 43.77 46.40 Legal Review Not applicable at this time. District Counsel will assist with the Proposition 218 hearing, which is required by state law before implementing utility rate adjustments. 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 Currently, the District receives $5,668,987 annually from wastewater rate charges. If the District does not adopt the rate adjustments for the next two or five years, the District will have to continue to use the wastewater reserve funds to balance the budget and by FY 2026-27 the reserve funds will be depleted. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the December 14, 2021 Board of Directors study session meeting at District Headquarters and on District website at www.cmsdca.gov Alternative Actions 1. Do not set the public hearing date to be on February 28, 2022. 2. Consider a different date to set a public hearing for adopting wastewater rates. File Attachments CMSD Board Presentation12-14-2021.pdf (1,882 KB) 12/9/21, 12:28 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#14/15 D. CLOSING ITEMS Subject 1. Oral Communications and Director Comments Meeting Dec 14, 2021 - Board of Directors Study Session Access Public Type 12/9/21, 12:28 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#15/15 D. CLOSING ITEMS The next Study Session of the Costa Mesa Sanitary District Board of Directors will be held on Tuesday, January 11, 2022 at 8:00 a.m. in the District's Boardroom located at 290 Paularino Avenue, Costa Mesa, CA. Subject 2. Adjournment Meeting Dec 14, 2021 - Board of Directors Study Session Access Public Type Procedural