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2024_04_09_ssTuesday, April 9, 2024 Board of Directors Study Session Time: 8:00 a.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 - 825 2896 6090 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 825 2896 6090# 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 :Apr 9, 2024 - Board of Directors Study Session Type :Procedural Public Content Michael Scheafer, President Arlene Schafer, Vice President Arthur Perry, Secretary Robert Ooten, Vice Secretary Brett Eckles, Director 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 :Apr 9, 2024 - Board of Directors Study Session Type :Procedural C. ITEMS OF STUDY Subject :1. Closed Session: Conference with Legal Counsel- Anticipated Litigation Significant exposure to litigation pursuant to Paragraph (2) of subdivision (d) and Paragraph (4) of subdivision (e) of Section 54956.9 (1 case) Meeting :Apr 9, 2024 - Board of Directors Study Session Type : Public Content Facts: Karen Millard appeared in the public Board meeting held on March 25, 2024, and threatened a civil action, including a class action, against the District if her refund was not granted in its entirety despite any statute of limitations that exists. C. ITEMS OF STUDY Subject :2. Open Session: Make any announcements required by law Meeting :Apr 9, 2024 - Board of Directors Study Session Type : C. ITEMS OF STUDY Subject :3. Motion to Reconsider/Renew Consideration of Karen Millards Claim Meeting :Apr 9, 2024 - Board of Directors Study Session Type :Action Recommended Action :Motion to Reconsider/Renew Consideration of Karen Millards Claim Public Content If the Board determines to consider further Millards claim for a refund, the Board should make a motion to reconsider/renew consideration of the claim as it has previously been before the Board and the refund was not approved by a 2-2-1 vote. C. ITEMS OF STUDY Subject :4. Introduction of new CMSD Employees: a. Amanda Doan, Accounting Clerk b.Robert Morris, Engineering Technician c. Jesus Flores, Facilities Maintenance Worker Meeting :Apr 9, 2024 - Board of Directors Study Session Type :Presentation C. ITEMS OF STUDY Subject :5. Receive and File Code Enforcement Officer Report - February & March 2024 Meeting :Apr 9, 2024 - Board of Directors Study Session Type :Receive and File Public Content To: Board of Directors Via: Scott Carroll, General Manager From: David Griffin, Code Enforcement Officer Date: April9, 2024 Subject: Receive and File February & March ode Enforcement Officer Report2024C Summary This report summarizes major points for three ordinance enforcement topics covering scavenging, graffiti on trash carts, and trash container enforcement. For the months of February and March2024, the CMSD Code Enforcement Officer (CEO) 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 receive and file this report. Analysis February In the month of February, Officer Griffin observed3 individuals searching in trash carts on Plumer Street, Orange Avenue, and Morristown Lane.All individuals were advised of the District's scavenging law and given verbal warnings before they went on their way. In the month of February, Officer Griffin issued 94first warning notices (yellow tag) to residential properties for having their trash carts in public view. Officer Griffin did not observe graffiti on trash carts in the month of February. In the month of February, Officer Griffin completed the California Association of Code Enforcement Officers (CACEO) Module I course and exam, taking the first step toward earning the Certified Code Enforcement Officer (CCEO) designation. As a result, Officer Griffin's field hours were reduced in February, and at least partially contributed to the decrease in notices issued. March In the month of March, Officer Griffin observed 3individuals searching in trash carts, two on Ogle Street and one on Cabrillo Street. All individuals were advised of the district's scavenging law and given verbal warnings before they went on their way. In the month of March, Officer Griffin issued 177first warnings notices (yellow tag) to residential properties for having their trash carts in public view. Officer Griffin did not observe graffiti on trash carts in the months of March. To address resident concerns, Officer Griffin is patrolling streets by 6:30 a.m. 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 Districts CEQA Guidelines. Financial Review Officer Griffins' activities are funded in the adopted budget. Public Notice Process oard of DirectorsCopies of this report are on file and will be included with the complete agenda packet for the April9, 2024B Study Session meeting at District Headquarters and posted on the Districts website. Alternative Actions Direct staff to report back with more information. File Attachments Code_Enforcement_Officer_Report_February_2024.pdf (373 KB) Code_Enforcement_Officer_Report_March_2024.pdf (433 KB) C. ITEMS OF STUDY Subject :6. Three-Cart Curbside Collection Program Rollout Plan Presented by CR&R Meeting :Apr 9, 2024 - Board of Directors Study Session Type :Discussion, Presentation Public Content To: Board of Directors Via: Scott Carroll, General Manager From: Marissa Pereyda, Management Analyst II Date: April 9, 2024 Subject: Three-Cart Curbside Collection Program Rollout Plan Presented by CR&R Summary Julie Barreda, CR&R Regional Vice President, will present the proposed Three-Cart Curbside Collection Program Rollout Plan. Recommendation That the Board of Directors receive and file this report. Analysis Senate Bill (SB) 1383 requires jurisdictions using a two-cart collection system to deliver waste to a "high-diversion" waste processing facility or implement a three-cart collection system. Currently, CMSD has a two-cart system where recyclables and landfill waste are collected in one container and separated at a local Materials Recovery Facility. The Costa Mesa Sanitary District (District) Board of Directors determined that upgrading the waste haulers facility to a "high-diversion" facility is cost- prohibitive and chose to move forward with a three-cart system.On January 23, 2023, Board of Directors approved an amendment to the solid waste agreement with CR&R Incorporated (CR&R), establishing a residential Three-Cart Curbside Collection Program. The Three-Cart Program will allow the District to remain in compliance with SB 1383 and ideally increase the District's diversion rate by reducing the amount of contaminated recyclables going to the landfill. CR&R has worked cooperatively with District staff to develop the Three-Cart Curbside Collection Rollout Plan presented today. Per the proposed plan, the Three-Cart Program Rollout will begin November 7, 2024. A presentation outlining the Three-Cart Rollout Plan is attached to this report and accompanied by a verbal presentation from Julie Barreda, CR&R Regional Vice President. Legal Review Not applicable. Environmental Review Presenting the Three-Cart Rollout Plan 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 administration or maintenance activities. Financial Review As a result of implementing theThree-Cart Curbside Collection Program, the District's annual total solid waste operating expenditures could potentially increase from $7.3 million in FY 2023/24 to $11 million in FY 2028/29, per the draft solid waste rate study being presented at the April 9, 2024, Board Study Session. The rate recommendation of the aforementioned rate study is projected to generate enough revenue to cover the projected expenses and maintain a solid waste operating reserve balance. Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the April 9, 2024, Board of Directors Study Session held at 290 Paularino Avenue and posted on the District's website at www.cmsdca.gov. Alternative Actions Refer item back to staff with further instructions. File Attachments CR&R_Three-Cart_Rollout_Presentation_04.09.2024.pdf (1,028 KB) C. ITEMS OF STUDY Subject :7. Draft Solid Waste Rate Study Meeting :Apr 9, 2024 - Board of Directors Study Session Type :Discussion Public Content To: Board of Directors Via: Scott Carroll, General Manager From: Marissa Pereyda, Management Analyst II Date: April 9, 2024 Subject: Draft Solid Waste Rate Study Summary In January 2024, Costa Mesa Sanitary District (District) retained NBS Government Finance Group (NBS) to conduct a solid waste rate study. The purpose of the rate study is to evaluate the District's current solid waste rates and projected annual revenues and expenditures, including anticipated expenses related to compliance with Senate Bill (SB) 1383 and the associated transition to the three-cart system in the fall of 2024, in order to determine the District's revenue requirements and a fair and equitable flat rate. The rate evaluation should ensure that rates annually contribute enough to meet the minimum solid waste operating and maintenance reserve balance.NBS worked cooperatively with District staff to develop and evaluate rate alternatives and study results and presented a preliminary solid waste rate study at the March 12, 2024, Board Study Session. Environmental Services (CR&R)Following the Board presentation on March 12, 2024, CR&R informed District staff that the previously provided occupancy rate ($11.7457) was incorrect and provided a new occupancy rate ($17.36). Based on the analysis and review of the increased occupancy expenses for FY 2024/25, NBS and District staff are making the rate recommendations presented in this report. The solid waste rate study report and presentation prepared by NBS are attached to this report. Recommendation That the Board of Directors provide direction to staff. Analysis Following the preliminary rate study and recommended rate adjustment presented to the Board on March 12, 2024, CR&R presented District staff with a revised occupancy rate ($17.36). The occupancy rate is the number of active accounts in the District's jurisdiction receiving solid waste collection services. The District pays this rate to CR&R per the number of accounts, per month for collection services. The occupancy rate ($11.7457) provided by CR&R in February 2024 included the recycling cost for the new recycling container that will be implemented with the three-cart collection system but did not include the collection cost for the new recycling container or SB 1383 compliance costs. The recycling container collection costs and SB 1383 compliance costs are vital to keep the District in compliance with SB 1383. Failing to include these costs in the occupancy rate would result in delayed implementation of the three-cart collection system, placing the District out of compliance with SB 1383. The new occupancy rate increased by 55% from the FY 2023/24 rate. As a result of this adjustment by CR&R, the total occupancy expenses in the District's projected financial plan increased from $3.1 million (FY 2023/24) to $4.8 million (FY 2024 /25). The rates provided by CR&R in February 2024 and the revised rates provided in March 2024 are included below, with the occupancyrate adjustment highlighted. CR&R Confirmed 2.20.2024 Current 2023/24 Rates FY 2024/25 FY 2025/26 FY 2026/27 FY 2027/28 FY 2028/29 Occupancy $11.1864 $11.7457 $12.333 $12.9497 $13.5971 $14.277 Landfill (Black cart)$59.35 $62.32 $65.43 $68.71 $72.14 $75.75 Recycling (Blue cart)$15.54 $16.32 $17.13 $17.99 $18.89 Organics (Green cart)$81.66 $85.74 $90.03 $94.53 $99.26 $104.22 CR&R Revised 3.19.2024 Current 2023/24 Rates FY 2024/25 FY 2025/26 FY 2026/27 FY 2027/28 FY 2028/29 Occupancy $11.1864 $17.36 $18.23 $19.14 $20.10 $21.10 Landfill (Black cart)$59.35 $62.32 $65.43 $68.71 $72.14 $75.75 Recycling (Blue cart)$15.54 $16.32 $17.13 $17.99 $18.89 Organics (Green cart)$81.66 $85.74 $90.03 $94.53 $99.26 $104.22 Recommended Rate Adjustment Based on the revised analysis conducted by NBS in partnership with District staff, the recommended rate adjustments are 17.00% (FY 2024/25), 9.00% (FY 2025/26), 7.00% (FY 2026/27), 7.00% (FY 2027/28), and 5.00% (FY 2028/29) in annual net These annualrevenue increases, with a cumulative increase of 53.30% over five years to the District's net revenue requirements. revenueincreases equate to the annualrateincreases outlined below. These proposed rates reflect the minimum revenue adjustments needed to keep pace with projected expenses and to maintain the minimum recommended reserve targets for the solid waste fund. The rate increases outlined below set the maximum rate increase allowed annually. The District should monitor the new rates to ensure that the revenue generated is sufficient to meet the annual revenue requirements. At the same time, if the revenue generated exceeds projections and a rate increase of the proposed rate adjustment is not necessary, the Board can approve a lesser rate increase. Service Type Current Rates Proposed Rates FY 2023/24 FY 2024/25 FY 2025/26 FY 2026/27 FY 2027/28 FY 2028/29 Annual Rate Increases 16.80%9.00%7.00%7.00%5.00% Annual Rates Flat Rate $ 289.20 $ 337.68 $ 368.07 $ 393.84 $ 421.40 $ 442.47 Monthly Rates Flat Rate $ 24.10 $ 28.14 $ 30.67 $ 32.82 $ 35.12 $ 36.87 Alternative Rate Adjustment - Not Recommended During the draft rate study presentation at the Board Study Session on March 12, 2024, the Board of Directors requested an alternative two-year rate adjustment. Under a two-year model, the proposed rate adjustments are 20.00% (FY 2024/25) and 20.00% (FY 2025/26) in annual net revenue increases. The resulting rates would be $28.87 for FY 2024/25 and $34.64 for FY 2025/26. The District would need to conduct a solid waste rate study and Proposition 218 hearing in FY 2025/26 to establish new rates for FY 2026/27, with estimated costs of $80,000 not including staff time for all associated administrative tasks. This rate alternative is not recommended by NBS or District staff. Citizens Advisory Committee Comments At the March 13, 2024, Citizens Advisory Committee (CAC) meeting, CAC members expressed concern about the solid waste operating and maintenance reserve exceeding the minimum reserve by approximately $2.25 million in FY 2028/29 and suggested a reserve balance that aligns with the minimum recommended reserve for the five-year rate adjustment. With the new recommended five-year adjustment presented to the Board in this report, the reserve balance remains aligned with the minimum solid waste operating and maintenance reserve target.Based on projected increases in operating expenses for FY 2028/29, the minimum reserve target (30%) will increase to approximately $3.3 million, the reserve target recommended by this study (35%) will increase to approximately $3.9 million, and with the recommended rate increase, the District's solid waste operating and maintenance reserve would be appro ately $3.49 million inxim FY 2028/29. The CAC also expressed support for evaluating variable rates, which encourage waste reduction by billing customers according to their waste disposal volume. Districtstaff evaluated a flat rate versus tiered rate structure, and determined that at this time the District's customer account data and billing system cannot accommodate a tiered rate structure. District staff can evaluate the possibility of implementing rates based on cart size by analyzing customer account data and the capabilities of the District'sbilling system, with the objective of providing a future option of adopting rates that are differentiated by cart size. For reference, the rate increases approved by the Board following the 2019 solid waste rate study are: 4.10% (FY 2019/20), 7.00% (FY 2020/21), 7.00% (FY 2021/22), 6.00% (FY 2022/23), and 6.00% (FY 2023/24). Staff is recommending that the Board provide direction regarding the rate study report and proposed rates. At the April 22, 2024, Board Meeting staff will recommend that the Board receive and file the final solid waste rate study and recommended rates, direct staff to mail a Proposition 218 notice, and set a public hearing for June 24, 2024, to adopt new solid waste rates. Since Proposition 218 notices must be mailed 45-days prior to the public hearing to adopt solid waste rates, staff will recommend that the Board authorize the Proposition 218 notice at the April 22, 2024, Board Meeting in order to set the public hearing for June 24, 2024. The proposed timeline is outlined below. March 12, 2024 March 13, 2024 April 9, 2024 April 22, 2024 June 24, 2024 Board of Directors Study Session Citizens Advisory Committee Meeting Board of Directors Study Session Board of Directors Meeting Board of Directors Meeting Recommendation: Review the draft solid waste rate study report and proposed solid waste ratesand provide direction to staff. Recommendation: Review the draft solid waste rate study report and proposed solid waste rates and provide feedback. Recommendation: Review the final draft solid waste rate study report and proposed solid waste rates and provide direction to staff. Recommendation: Receive and file solid waste rate study, direct staff to mail Prop 218 notice, and set a public hearingfor June 24, 2024, to adopt new solid waste rates. Public hearing to adopt solid waste rates. Legal Review Not applicable. Environmental Review Consideration of the Draft Solid Waste Rate Study 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 administration or maintenance activities. Financial Review The preferred solid waste rate adjustment for the next five fiscal years is 17% (FY 2024/25), 9% (FY 2025/26), 7% (2026/27), 7% (FY 2027/28), and 5% (FY 2028/29) in annual net revenue increases, with a cumulative increase of 53.3% over five years to the District's net revenue requirements. If the proposed rate increases are not implemented, the District would have a projected solid waste fund deficit of approximately $3.5 million in FY 2028/29. Based on projected increases in operating expenses, the District's minimum solid waste operating and maintenance reserve target (30%) will increase to approximately $3.3 million in FY 2028/29. The recommendation from this study is for the District to maintain a minimum solid waste operating and maintenance reserve of 35%, or approximately $3.9 million in FY 2028/29. With the proposed rate increase, the District's solid waste operating and maintenance reserve would be appro ately $3.49 million inxim FY 2028/29. Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the April 9, 2024, Board of Directors Study Session held at 290 Paularino Avenue and posted on the District's website at www.cmsdca.gov. Alternative Actions Refer item back to staff with further instructions. File Attachments Draft_2_Solid_Waste_Rate_Study_Board_Presentation.pdf (1,857 KB) Draft_2_Solid_Waste_Rate_Study_Report.pdf (990 KB) D. CLOSING ITEMS Subject :1. Oral Communications and Director Comments Meeting :Apr 9, 2024 - Board of Directors Study Session Type : D. CLOSING ITEMS Subject :2. Adjournment Meeting :Apr 9, 2024 - Board of Directors Study Session Type :Procedural Public Content The next Study Session of the Costa Mesa Sanitary District Board of Directors will be held at 8:00 a.m. on Tuesday, May 14, 2024 in the District's Boardroom, located at 290 Paularino Avenue, Costa Mesa, CA 92626.