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Wednesday, September 13, 2023
Citizens Advisory Committee
Time: 6:00 p.m.
Location: Costa Mesa Sanitary District - 290 Paularino Ave., Costa Mesa, CA 92626
***
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 - 885 8027 5211
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 885 8027 5211#
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. Call to Order
2. Roll Call
3. 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).
B. ITEM
1. Approve the Joint Citizens Advisory Committee and Board of Directors Meeting Minutes of July 12, 2023
2. Board of Directors Term Limits
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3. Removal of Trash Containers Policy
4. Discuss and Draft Questions for the 2023 Community Survey
C. CLOSING ITEMS
1. Committee Member Comments
2. Board/Staff Comments
3. Adjournment
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Wednesday, September 13, 2023
Citizens Advisory Committee
Time: 6:00 p.m.
Location: Costa Mesa Sanitary District - 290 Paularino Ave., Costa Mesa, CA 92626
***
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 - 885 8027 5211
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 885 8027 5211#
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. Call to Order
Meeting Sep 13, 2023 - Citizens Advisory Committee
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A. OPENING ITEMS
Member Position Term
Elodie Katz Chair 2021-23
Sue Lester Vice Chair 2021-23
Annette Watson Member 2022-24
Cindy Brenneman Member 2021-23
Daniel Baume Member 2022-24
Dean Fisher Member 2022-24
Dickie Fernandez Member 2022-24
Jeff Arbour Member 2021-23
Judith Gielow Member 2021-23
Michael Tou Member 2022-24
Rosemarie Chora Member 2022-24
Subject 2. Roll Call
Meeting Sep 13, 2023 - Citizens Advisory Committee
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A. OPENING ITEMS
Subject 3. 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).
Meeting Sep 13, 2023 - Citizens Advisory Committee
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Type Procedural
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B. ITEM
To: Citizens Advisory Committee
Via: Scott Carroll, General Manager
From: Gina Terraneo, Management Analyst II
Date: September 13, 2023
Subject: Approve the Joint Citizens Advisory Committee and Board of Directors Meeting Minutes of July 12, 2023
Summary
The recorded minutes of the July 12, 2023 Joint Citizens Advisory Committee and Board of Directors Meeting are hereby submitted to the
Citizens Advisory Committee for review and approval.
Analysis
Attached to the staff report are the minutes for the Joint Citizens Advisory Committee and Board of Directors Meeting on July 12, 2023.
Staff Recommendation
That the Citizens Advisory Committee approves the meeting minutes as presented.
Legal Review
Not applicable.
Environmental Review
Consideration of public meeting minutes 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 in the complete agenda packet for the September 13, 2023 Citizens Advisory Committee
Meeting at District Headquarters and posted on the District’s website.
Alternative Actions
1. Do not approve the meeting minutes as presented.
2. Direct staff to report back with more information.
File Attachments
minutes_2023_07_12_joint_cac_board.pdf (69 KB)
Subject 1. Approve the Joint Citizens Advisory Committee and Board of Directors Meeting
Minutes of July 12, 2023
Meeting Sep 13, 2023 - Citizens Advisory Committee
Access Public
Type Action, Minutes
Recommended
Action
That the Citizens Advisory Committee approves the meeting minutes as presented.
Minutes View Minutes for Jul 12, 2023 - Joint Citizens Advisory Committee and Board of Dir
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B. ITEM
To: Citizens Advisory Committee
From: Scott Carroll, General Manager
Date: September 13, 2023
Subject: Board of Directors Term Limits
Summary
On April 24, 2023, the Board of Directors approved establishing an ad hoc committee to discuss the possibility of the district adopting a policy for
term limits for the Board of Directors. The Board appointed Vice Secretary Ooten and Director Eckles to serve on the ad hoc committee. The
Committee met on May 11 and June 8, 2023 to discuss term limits.
On July 12, 2023, the Board of Directors and Citizens Advisory Committee (CAC) held a joint meeting to discuss this topic. Attached is a copy of
the July 12 staff report. The Board directed the CAC to continue the discussion and if possible, make a recommendation to the Board.
Recommendation
That the Citizens Advisory Committee provide direction to staff.
Analysis
During the July 12 joint meeting, the CAC requested the deadlines to qualify a ballot initiative in the 2024 elections. For the March 5, 2024
Primary Election, the deadline is October 26, 2023. The Secretary of State has not yet released the deadlines for the November 5 General
Election Calendar.
The CAC made comments about Board of Directors receiving a benefit package in addition to their compensation. Attached is a compensation
and benefits survey of the different governing bodies servicing the CMSD community. The Costa Mesa Sanitary District Board of Directors is the
only governing body that does not receive retirement, health, life and/or long term disability benefits.
The CAC inquired the regularity of Board of Director incumbents facing challengers in past elections. Attached are the names of incumbents and
challengers from the past eleven elections dating back to 2002. Five out of the eleven past elections had at least one incumbent being re-
elected without someone challenging his/her seat on the Board of Directors. See attachment.
Legal Review
Not applicable at this time. However, a legal review by District Counsel will be performed for the Board of Directors.
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
To place a Term Limit Initiative on the ballot will cost:
Stand-Alone Election November 7, 2023, ESTIMATE – $604,383 - $751,250
March 5, 2024 Consolidated Election ESTIMATE – $165,725 - $197,374
November 5, 2024 Consolidated Election ESTIMATE – $144,122 - $168,569
Subject 2. Board of Directors Term Limits
Meeting Sep 13, 2023 - Citizens Advisory Committee
Access Public
Type Action
Recommended
Action
That the Citizens Advisory Committee provide direction to staff.
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Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the September 13, 2023 Citizens Advisory Committee
meeting held at 290 Paularino Avenue, Costa Mesa and posted on the District’s website.
Alternative Actions
1. Direct staff to report back with more information
File Attachments
July 12, 2023 Staff Report.pdf (156 KB)
Term Limits.pdf (157 KB)
Ballot Initiative Costs.pdf (150 KB)
CM NB Governance Compensation.pdf (119 KB)
Past Elections.pdf (167 KB)
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B. ITEM
To: Citizens Advisory Committee
Via: Scott Carroll, General Manager
From: Marissa Pereyda, Management Analyst II
Date: September 13, 2023
Subject: Removal of Trash Containers Policy
Summary
Costa Mesa Sanitary District (CMSD) will introduce a three-cart curbside collection program in the fall of 2024 as one component of CMSD’s
compliance with Senate Bill (SB) 1383. With the introduction of a blue recycling cart, the third container may create a hardship for customers
who do not have sufficient space to store their carts out of public view. The Board of Directors has directed staff to evaluate the District’s
Operations Code to determine if modifications are necessary to accommodate these potential hardships.
Recommendation
That the Citizens Advisory Committee make recommendations to the Board of Directors regarding CMSD's removal of trash containers policy.
Analysis
The District’s policy on the removal of trash containers from public view can be found in Section 7.01.080 of the District’s Operations Code and is
included below.
Section 7.01.080. Removal of Trash Containers. (a) Residential containers placed in the street shall be removed from the curb by
midnight the day of collection and shall be stored in the rear or side yard of the property so as to be out of view from the street.
Containers placed in the alley for collection shall be removed from the alley by midnight the day of collection and shall be stored so as
to be out of the public alley, completely on private property, and out of view from the public street. (Ord. 100, 2014)
(b) A hardship exception or variance may be obtained by any person whose property is uniquely situated to not allow container removal
from the public alley or who has a personal hardship not allowing such storage. A hardship waiver form must be completed explaining
the reason(s) for a hardship. Such a hardship exception or variance shall be approved in a letter or other memorialization from the
General Manager or designee. Such memorialization shall list the reasons and may be limited in time. (Ord. 27, 1997) (Ord. 93, 2012)
Per Operations Code Section 7.01.080(b), any customer who has a hardship not allowing them to store their containers out of public view may
request a hardship waiver from the District. Customers with an approved hardship waiver may store their carts in an approved location in public
view without violating the District's Operations Code. For this reason, staff does not believe that revisions to the Operations Code are necessary.
Attached to this report is a proposed hardship waiver form that customers may submit to the District for approval. After a customer submits a
waiver request, the District’s Code Enforcement Officer will conduct a site visit and approve or deny the hardship waiver request, citing the
reason for the approval or denial and if the waiver is temporary or permanent. The customer will then receive notification and a copy of their
approved or denied request, and the District will keep a record of all approved waivers for code enforcement’s reference in the field.
Trash containers placed in the alley for collection are deemed out of public view, and only become a concern if the containers remain in the right-
of-way, potentially impeding emergency service vehicles. For this reason, staff does not believe that the waiver request applies to containers
placed in an alley for collection.
These suggestions are presented to the Citizens Advisory Committee for their review and recommendations to the Board of Directors.
Legal Review
Not applicable.
Subject 3. Removal of Trash Containers Policy
Meeting Sep 13, 2023 - Citizens Advisory Committee
Access Public
Type
Goals 6.3 Administrative Management - Plan periodic reviews and updates of District policies
and procedures
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Environmental Review
Consideration of the trash container removal policy is an administrative matter and not a disturbance of the environment, such as grading or
construction, and is not a project under CEQA or the District’s CEQA Guidelines.
Financial Review
There are no fiscal impacts to the District for making policy recommendations to the Board of Directors.
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the September 13, 2023, Citizens Advisory Committee
meeting at District Headquarters and posted on the District's website.
Alternative Actions
Refer item back to staff with further instructions.
File Attachments
Trash_Container_Removal_Hardship_Waiver_Request_Form.pdf (76 KB)
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B. ITEM
To: Citizens Advisory Committee
Via: Scott Carroll, General Manager
From: Marissa Pereyda, Management Analyst II
Date: September 13, 2023
Subject: Discuss and Draft Questions for the 2023 Community Survey
Summary
District staff is seeking assistance from the Citizens Advisory Committee to develop the 2023 Community Survey questionnaire.
Recommendation
That the Citizens Advisory Committee provide recommendations and survey questions to the Board of Directors for consideration in the 2023
Community Survey.
Analysis
On September 12, 2023, the Board of Directors approved an agreement with Probolsky Research to conduct community survey research and
analysis. The purpose of the District’s community survey is to seek level of satisfaction feedback and awareness of solid waste and sewer
programs from District ratepayers and to obtain relevant data to improve District programs. The 2023 survey will also assess receptiveness to a
three-cart trash and recycling system and two trash and recycling collection days each week.
Probolsky Research will:
Recommend appropriate methodologies and strategies for providing the best data samples, objective results, and valid findings,
including a combination of methods such as focus groups, phone, text, mail, and online surveys
Consult with District representatives to develop the survey instrument, create a draft survey instrument, and make recommended
revisions to the survey instrument, sampling, and methodologies as requested by District representatives.
Identify a sample size of at least 1,000 rate payers, confirming that participants are District solid waste ratepayers, and ensure a 95%
confidence rating with a five point plus/minus variance.
Analyze survey results to provide the District with meaningful and useful information and provide a tabulation of results, cross tabulation
as appropriate, key findings, detailed findings, conclusions, recommendations, and other relevant information.
Compile and submit a final report for review by District staff, the Board of Directors, and Citizens Advisory Committee and present
findings to the Board of Directors and Citizens Advisory Committee.
Staff is seeking assistance from the CAC to develop the 2023 survey questionnaire by providing suggestions and survey questions for the Board
of Directors' consideration. Adam Probolsky, President of Probolsky Research, is available at tonight's meeting to receive CAC feedback and
answer questions.
The 2021 Community Survey questions are attached to this report. Staff is recommending that the CAC consider including some of the 2021
survey questions in the 2023 survey to gauge changes in level of satisfaction.
Following this meeting, staff anticipates the survey timeline below.
Date Meeting Task
September 25, 2023 Board of Directors Meeting Board to provide recommendations and survey questions
November 8, 2023 CAC Meeting Probolsky Research's presentation of survey results
November 27, 2023 Board of Directors Meeting Probolsky Research's presentation of survey results
Subject 4. Discuss and Draft Questions for the 2023 Community Survey
Meeting Sep 13, 2023 - Citizens Advisory Committee
Access Public
Type
Goals 5.0 Community Outreach & Communications
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Legal Review
Not applicable.
Environmental Review
Providing comments and suggestions for the community survey is an administrative matter and not a disturbance of the environment, such as
grading or construction, and is not a project under CEQA or the District’s CEQA Guidelines.
Financial Review
There are no fiscal impacts to the District for the CAC to provide comments and suggestions for the 2023 Community Survey.
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the September 13, 2023, Citizens Advisory Committee
Meeting at District Headquarters and posted on the District's website.
Alternative Actions
Refer item back to staff with further instructions.
File Attachments
Costa_Mesa_Sanitary_District_2021_Survey_Presentation.pdf (499 KB)
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C. CLOSING ITEMS
Subject 1. Committee Member Comments
Meeting Sep 13, 2023 - Citizens Advisory Committee
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Type Presentation
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C. CLOSING ITEMS
Subject 2. Board/Staff Comments
Meeting Sep 13, 2023 - Citizens Advisory Committee
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Type Presentation
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C. CLOSING ITEMS
The next Citizens Advisory Committee meeting will be held at 6:00 p.m. on Wednesday, November 8, 2023 in the District's Boardroom, located
at 290 Paularino Avenue, Costa Mesa, CA 92626.
Subject 3. Adjournment
Meeting Sep 13, 2023 - Citizens Advisory Committee
Access Public
Type Procedural