2025_03_12_cacWednesday, March 12, 2025
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.
***
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 Citizens Advisory Committee Meeting Minutes of January 8, 2025
2. Receive and File the 2025 Christmas Tree Collection Program
3. Review AB 2257: Optional Process for Updating Water and Wastewater Rate Setting Procedures
4. Review Sewer Building Permit and Fixture Fee Preliminary Study Information
C. CLOSING ITEMS
1. Committee Member Comments
2. Board/Staff Comments
3. Adjournment
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Wednesday, March 12, 2025
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.
***
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 Mar 12, 2025 - Citizens Advisory Committee
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Type
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A. OPENING ITEMS
Member Position Term
Sue Lester
Chair 2023-25
Michael Tou Vice Chair 2024-26
Jeff Arbour Member 2023-25
Cindy Brenneman Member 2023-25
Xerxez Calilung Member 2024-26
Rosemarie Chora
Member 2024-26
Dickie Fernandez Member 2024-26
Dean Fisher
Member 2023-25
Ben Glassman
Member 2024-25
Craig Holmes
Member
2024-26
Paul Lancaster
Member
2024-26
Subject 2. Roll Call
Meeting Mar 12, 2025 - Citizens Advisory Committee
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Type Procedural
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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 Mar 12, 2025 - Citizens Advisory Committee
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B. ITEM
To: Citizens Advisory Committee
Via: Scott Carroll, General Manager
From: Angela Colunga, Management Analyst I
Date: January 8, 2025
Subject: Approve the Citizens Advisory Committee Meeting Minutes of January 8, 2025
Summary
The recorded minutes of the January 8, 2025 Citizens Advisory Committee Meeting are hereby submitted to the Citizens Advisory
Committee for review and approval.
Analysis
Attached to the staff report are the minutes for the Citizens Advisory Committee Meeting on January 8, 2025.
Staff Recommendation
That the Citizens Advisory Committee approve 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 March 12, 2025 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_2025_01_08_cac.pdf (130 KB)
Subject 1. Approve the Citizens Advisory Committee Meeting Minutes of January 8,
2025
Meeting Mar 12, 2025 - Citizens Advisory Committee
Access Public
Type Action (Consent), Minutes
Recommended
Action
That the Citizens Advisory Committee approves the meeting minutes as presented.
Minutes View Minutes for Jan 8, 2025 - Citizens Advisory Committee
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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.
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B. ITEM
To: Citizens Advisory Committee
Via: Scott Carroll, General Manager
From: Stephanie Tsai, Solid Waste Intern
Date: March 12, 2025
Subject: 2025 Christmas Tree Collection Program
Summary
Costa Mesa Sanitary District, in partnership with CR&R, provides an annual Christmas Tree Collection Program for District trash
customers. Trees collected by CR&R are processed at CR&R's Anaerobic Digestion (AD) Facility in Perris, California. This year, the
Christmas Tree Collection Program collected 5,384 Christmas trees totaling 25.80 tons.
Recommendation
That the Citizens Advisory Committee receive and file this report.
Analysis
In accordance with the Costa Mesa Sanitary District’s partnership with CR&R, CR&R scheduled Christmas tree collection for two (2)
weeks between Thursday, January 2, 2025, through Thursday, January 16, 2025. Per the 2023 First Amendment to the Agreement with
CR&R, Christmas tree collection was scheduled to begin the day after New Years Day, just as it was the year prior in 2024. The
Christmas Tree Collection Program is only available to District trash customers, who are advised on the following tree collection
guidelines in advance:
Remove all decorations, lights, tinsel, and tree stands
Place trees on the ground next to their carts
Cut trees taller than 6 feet in half
Flocked trees (those covered in artificial snow) are not eligible for this service
Due to significant Christmas tree collection delays in 2022, the District contracted with a third-party hauler for 2023 collections to
supplement CR&R's Christmas tree collections. CR&R assured District staff that CR&R was committed to the 2024 Christmas Tree
Collection Program and that a third-party hauler was not necessary. CR&R reasserted this commitment for the 2025 Christmas Tree
Collection Program, hence no third-party hauler was contracted this year.
CR&R had one (1) full-time truck scheduled to collect Christmas trees between January 2, 2025, and January 16, 2025, but the use of
the full-time truck was extended to January 18, 2025. During this time, CR&R collected 5,384 Christmas trees totaling 25.80 tons. After
January 18, 2025, tree collections were completed by large item drivers. For comparison, CR&R collected 6,207 Christmas trees
totaling 31.19 tons in 2024.
CR&R suggests that the number of trees collected/tons collected decreased this year because more customers cut up their Christmas
trees and placed them in their Organics Carts. The Organics tonnage in January 2025 was 814.26 tons compared to 714.95 tons in
January 2024. This increase of approximately 100 tons over last year could support this theory.
In 2024, the District received thirty-three (33) customer reports of missed collections, one (1) customer reported a missed collection
directly to CR&R, and two (2) customers reported that their rescheduled pickups were not completed. This year, the District received
ninety-three (93) total reported missed collections by customers and five (5) complaints were submitted directly to CR&R. Forty-five (45)
of the total complaints were reported for single home misses, while the remaining forty-eight (48) were reported for multiple houses or
streets. CR&R scheduled pickups on the following business day to collect the missed Christmas trees. Nine (9) customers reported that
Subject 2. Receive and File the 2025 Christmas Tree Collection Program
Meeting Mar 12, 2025 - Citizens Advisory Committee
Access Public
Type Action (Consent), Receive and File
Recommended
Action
That the Citizens Advisory Committee receive and file this report.
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their rescheduled pickups were not completed and were rescheduled again. The last missed Christmas tree complaint was received by
the District on January 31, 2025, and completed on February 4, 2025. In comparison to last year, the District has received a 188%
increase in missed collections complaints and a 350% increase in the number of rescheduled pickups that were not completed by their
stated deadline.
District staff recommends hiring a third-party hauler to collect Christmas trees for the 2026 Christmas Tree Collection Program. The
District last utilized such a service for 2023 Christmas tree collections, for a total cost of $2,485. The District would seek reimbursement
from CR&R for the cost of this service in 2026.
The District pays the current organics rate of $84.19 per ton for CR&R to recycle Christmas trees. There is no additional charge to the
District for the collection and transportation of Christmas trees. The District's total cost for CR&R collecting and recycling 25.80 tons of
Christmas trees is $2,172.10.
The number of Christmas trees collected and the total tonnage for the previous ten (10) years can be seen below.
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This report was presented to the Board of Directors at the February 24, 2025, Board of Directors meeting.
Legal Review
Not applicable.
Environmental Review
Review of the 2025 Christmas Tree Collection Program is an administrative matter and is exempt from the requirements of the
California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an
agency while establishing its own procedures "to list those specific activities which fall within each of the exempt classes," and the
District has adopted "CEQA Guidelines and Implementing Procedures" that state on page 6 "Projects" does not include... C. Continuing
administrative or maintenance activities.
Financial Review
The District pays the organics recycling rate of $84.19 per ton for Christmas trees to be recycled at CR&R's Anaerobic Digestion (AD)
Facility. The District's total cost for CR&R collecting and recycling 25.80 tons of Christmas trees is $2,172.10. This amount is included in
the District's FY 2024-25 budgeted organics disposal costs.
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the March 12, 2025, Citizens Advisory
Committee meeting at District Headquarters and posted on the District's website at www.cmsdca.gov.
Alternative Actions
Refer item back to staff with further instructions.
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.
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B. ITEM
To: Citizens Advisory Committee
From: Scott Carroll, General Manager
Via: Alan Burns, District Counsel
Date: March 12, 2025
Subject: Review AB 2257: Optional Process for Updating Water and Wastewater Rate Setting Procedures
Summary
The California Legislature has enacted a new law this year that is meant to provide some additional protections to local government
when adopting water or wastewater rates. To do so, the district would be required to amend procedures already in place to comply with
Prop 218.
Recommendation
That the Citizens Advisory Committee recommend the Board of Directors considers updating CMSD's rate setting procedures to limit
litigated challenges.
Analysis
Background
Prop 218 requires a 45-day postcard notice and a protest hearing in which only written protests count. It takes a majority vote to stop
the fee assessment. Although these procedures provide significant protection, a taxpayer can bring an action even though they did not
participate in the written protest procedure. Plantier v. Ramona Municipal Water District. 7 Cal 5th 372 (2019). In Plantier, the Court held
that the plaintiff’s challenge as to how many EDUs he was charged for was not barred because it could not have been made at the Prop
218 hearing.
AB 2257
The new law will prevent class action lawsuits challenging a Prop 218 assessment if new procedures identified in AB 2257 are adopted
and followed. Those procedures include:
A separate notice and period of time (an additional 45 days) to file “objections” (in addition to written protests).
Posting of the basis for the charges on its internet website.
Consideration and response to every objection, in writing, with a substantive response.
If the above provisions are complied with, no person can file a legal challenge unless they participated, and the evidence will be limited
to that provided in the administrative record, and certain items specified. More information about AB 2257 will be provided by District
Counsel at tonight's meeting.
Legal Review
District Counsel has reviewed and opined AB 2257
Subject 3. Review AB 2257: Optional Process for Updating Water and Wastewater Rate
Setting Procedures
Meeting Mar 12, 2025 - Citizens Advisory Committee
Access Public
Type Action
Recommended
Action
That the Citizens Advisory Committee recommend the Board of Directors considers
updating CMSD's rate setting procedures to limit litigated challenges.
Goals 1.0 Sewer Infrastructure
6.0 Administrative Management
6.3 Administrative Management - Plan periodic reviews and updates of District
policies and procedures
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Environmental Review
Considering amending the district's rate setting procedure 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
Updating CMSD's rate setting procedures to comply with AB 2257 would limit potential litigation fees. There are no financial impacts to
the district for updating its rate setting procedures
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the March 12, 2025 Citizens Advisory Committee
Meeting at District Headquarters and posted on the District’s website.
Alternative Actions
1. Do not recommend the Board of Directors considers updating CMSD's rate setting procedures to limit litigated challenges.
2. Maintain the status quo for rate setting procedures
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B. ITEM
To: Citizen Advisory Committee
From: Mark Esquer, District Engineer
Date: March 12, 2025
Subject: Review Sewer Building Permit and Fixture Fee Preliminary Study Information
Summary
The Costa Mesa Sanitary District (District) retained Robert D. Niehaus, Inc. (RDN) to conduct a study and review of the sewer permit
and fixture fees (Fees) and to determine updated Fees. Depending on which Fee, it has been 7 to 12 years since Fees have been
changed. The current fees do not cover the Districtpermit program cost(s). The Fee study will also project Fee increase(s) for the
upcoming 5-year period.
RDN worked cooperatively with District staff to develop and evaluate fee alternatives along with draft study results. Based on this
analysis and review, RDN and District staff are providing the CAC with cursory/preliminary Fee information.
The overall cost of sewer permits, plan checks, inspections, and fixture fees will increase about 66-percent, if Option 2 is used. Option
#2 is how the District currently calculate fixture fees. The District currently collects about $203,800 in Fees. The Sewer Permit and
Building program must collect a minimum of $338,000 to cover program costs and Option #2 provides the appropriate Fees. Option #1
provides for higher generation fixture fees as it considers the probability and amount that a specific fixture is used. The justification is
that when certian fixtures are used, more wastewater is generated than if it is assumed that all fixture contribute equally.
Recommendation
The Citizen Advisory Committee provide feedback.
Analysis
The District collected employee timesheet information, consulting fees, and inspection costs associated with sewer permits for a two (2)
year period. The costs were provided to RDN, along with projected hourly staffing rates, to project permit and permit-related Fees. RDN
also used the District's sewer rate study results and industry-published construction costs to project and develop the various fee cost
increases. Fees are intended to cover the costs associated with sewer permits, plan check costs, fixture fees, permit related
inspections, along with other Fee costs. The goal is to collect fees to cover, but not exceed, program expenses.
There are two fixture fee methods considered for this study. Permit and other related costs are equal between the two
Options considered.
Fixture Fee Option #1 considers the water consumption and probability of use information from various sources,
including the California Plumbing Code. Using this method to determine the appropriate fixture fees, the District will
need to increase fixture fees by 759% or an additional $543,600. This method will generate $550,000 in fixture fees
for the District.
Fixture Fee Option #2, considers the current District fee system and is based on only using the California Plumbing
Code per unit water consumstion value(s). This option considers that all fixture units are used equally by customers.
This method will generate about $131,000 in fixture fees for the District.
Subject 4. Review Sewer Building Permit and Fixture Fee Preliminary Study
Information
Meeting Mar 12, 2025 - Citizens Advisory Committee
Access Public
Type Discussion
Goals 1.0 Sewer Infrastructure
1.14 Sewer Infrastructure - Assess the capacity of the wastewater collection system
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The difference between the two methods considers how often a fixture is used. For example, Option #1 considers
that showers and bathing units are generally used daily, while home bar sinks may be used primarily on weekends.
Option #1 is statistically more accurate and Option #2 considers that all water fixtures are used equally.
District staff are reviewing both Fixture Fee Options carefully but are considering to recommend Option #2. The
probability and likelyhood of use data should be reviewed in more detail prior to proceeding with this method. The
biggest driver in fixture fee costs include construction of capacity (cost of sewer installation) and water generation
volumes.
The attached PowerPoint presentation identifies cursory information, costs, and alternatives used to develop these initial Fees.
Legal Review
Not Applicable.
Environmental Review
Consideration of the Draft Permit Fees 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
In fiscal year 2023-24 the District collected about $203,800 in permit fees, inspection and plan check costs, and
fixture fees. Option #2 will generate about $338,000 per year: a 66% increase. Option #2 will generate about
$757,000 per year: a 271% increase. Refer to the comparison chart below.
Item FY 2023-24
Revenue
Option #1
Revenue
Option #2
Revenue
Permit Fees $38,400 $47,000 $47,000
Plan Check and Inspection $101,400 $160,000 $160,000
Fixture Fees $64,000 $131,000 $550,000
Total $203,800 $338,000 $757,000
Sewer permit fees will increase 29%. Plan Check, Inspection, and Development fees will increase between 4% to over 100%,
depending on the specific fee. As an example, Food Service Establishment fees will increase 4%, On-site Sewer Connections to an
existing sewer will increase between 86% for small improvements like room additions, to 103% for very large house or business
projects, and Sewer repair permits will increase between 35% and 143%, depending on type of repair or replacement. A complete
summary of the options and associated Fees are included within the attached Presentation.
Forthcoming Fees will be based on actual District costs, inflated using the latest CPI-U, Los Angeles, Construction Cost Index
projections, COLA of 3%, Merit up to 5%, and increased contract costs of 4.4%.
If the Fee increases are not implemented, the District costs associated with permits and new sewer connections will not be covered.
These excess costs will be paid from annual assessments, should the permit program costs not be increased.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packed for the March 12, 2025, Citizens Advisory
Committee Meeting 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
RDN Presentation for Costa Mesa 3-12-25 Update.pptx (1,027 KB)
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C. CLOSING ITEMS
Subject 1. Committee Member Comments
Meeting Mar 12, 2025 - Citizens Advisory Committee
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Type Presentation
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C. CLOSING ITEMS
Subject 2. Board/Staff Comments
Meeting Mar 12, 2025 - 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, May 14, 2025 in the District's Boardroom,
located at 290 Paularino Avenue, Costa Mesa, CA 92626.
Subject 3. Adjournment
Meeting Mar 12, 2025 - Citizens Advisory Committee
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Type Procedural
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