2025_03_11_study_sessionTuesday, March 11, 2025
Board of Directors Study Session
Time: 9:00 a.m.
Location: Costa Mesa Sanitary District - 290 Paularino Ave., Costa Mesa, CA 92626
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The livestream of the meeting can be viewed by clicking the "Video" icon on this page (which will
be made available at the start of the meeting) or by visiting
www.youtube.com/CostaMesaSanitary.
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Public Comments: Members of the public can submit any comments in real time during the
meeting or prior to the meeting in writing for the Board of Directors' consideration by sending
them to the District Clerk, Noelani Middenway, at nmiddenway@cmsdca.gov. Those comments will
be made part of the official public record of the meeting.
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Obtaining Agenda Materials: The public is entitled to copies of all documents that are made part
of the agenda packet. If any document or other writing pertaining to an agenda item is
distributed to all or a majority of the Board after the packet is prepared, a copy of that writing
may be obtained from the District Clerk's Office.
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In Compliance with ADA: Contact District Clerk, Noelani Middenway, at (949) 645-8400, 48 hours
prior to meeting if assistance is needed (28 CFR 35.102.35.104 ADA Title II).
A. OPENING ITEMS
Michael Scheafer, President
Robert Ooten, Vice President
Arthur Perry, Secretary
Arlene Schafer, Vice Secretary
Nicole Wiltshire, Director
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 Mar 11, 2025 - Board of Directors Study Session
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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
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C. ADJOURN TO CLOSED SESSION
Subject 1. Performance evaluation (Gov. Code §54957) Title: General Manager
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C. ADJOURN TO CLOSED SESSION
Subject 2. Conference with labor negotiator (Gov. Code §54957.6) Agency Designated
Representative: President Scheafer Unrepresented party: General Manager
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D. RECONVENE TO OPEN SESSION
Subject 1. Reconvene to Open Session and Report Out
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E. ITEMS OF STUDY
To: Board of Directors
From: Scott Carroll, General Manager
Date: March 11, 2025
Subject: Receive Summary of Staff's Attendance to the Water & Wastewater Equipment, Treatment & Transport Show in
Indianapolis, Indiana from February 16-19, 2025
Summary
The Water & Wastewater Equipment, Treatment & Transport Show (WWETT) is the world's largest annual trade show for wastewater
and environmental services professional. More than 12,000 people, and over 500 leading suppliers from over twenty industries attend
the WWETT show. In addition, over 45 countries are represented at the show.
CMSD's Wastewater Maintenance Supervisors, Tony Gomez and Jesse Blakely attended WWETT25. They will be providing an oral
report to the Board about their learning experience at the show that include receiving innovative product demonstrations from exhibitors
as well as attending expert-led education breakout sessions.
Recommendation
That the Board of Directors receives and files this report.
Analysis
WWETT offers a comprehensive educational program, a full slate of live demos, an array of networking opportunities, and an extensive
expo floor where wastewater professionals and product sellers come together to see and experience the latest product innovations and
technology.
In addition over 90 education sessions, workshops and technical tours are available during the four-day show.
Legal Review
Not applicable
Environmental Review
Receiving a summary report about professional development 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
Attending WWETT25 is in the FY 2024-25 Budget. A total of $5,600 is budgeted for WWETT25 in which actual expenses are below
budget amount.
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the March 11, 2025 Board of Directors study
session meeting at District Headquarters and posted on the District’s website.
Alternative Actions
Subject 1. Receive Summary of Staff's Attendance to the Water & Wastewater
Equipment, Treatment & Transport Show in Indianapolis, Indiana from
February 16-19, 2025
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Type Discussion
Goals 1.0 Sewer Infrastructure
1. Direct staff to report back with more information.
E. ITEMS OF STUDY
To: Board of Directors
Via: Scott Carroll, General Manager
From: David Griffin, Code Enforcement Officer
Date: March 11, 2025
Subject: Receive and File February 2025 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 February 2025, 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
In the month of February, Officer Griffin observed 3 individuals searching in trash carts on Puente, Columbia, and Orange Ave. 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 185 first 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 month of February.
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 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 March 11, 2025, Board of Directors Study
Session meeting at District Headquarters and posted on the District’s website at www.cmsdca.gov.
Alternative Actions
1. Direct staff to report back with more information.
File Attachments
Code Enforcement Officer Report February 2025.pdf (417 KB)
Subject 2. Receive and File February 2025 Code Enforcement Officer Report
Meeting Mar 11, 2025 - Board of Directors Study Session
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Type Action (Consent), Receive and File
Recommended
Action
That the Board of Directors receive and file this report.
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.
E. ITEMS OF STUDY
To: Board of Directors
From: Scott Carroll, General Manager
Date: March 11, 2025
Subject: Discussion of Orange County Waste and Recycling Proposed Waste Infrastructure System Enhancement (WISE)
Agreement
Summary
Orange County jurisdictions, including CMSD, have benefited from long standing Waste Disposal Agreements (WDAs) that allowed
Orange County Waste and Recycling (OCWR) to provide landfill disposal services with reasonable rates (tip fees), disposal guarantees,
and importation revenue sharing for each jurisdiction. The WDAs expire on June 30, 2025.
With the closure of the Brea Olinda landfill scheduled for FY 28, and the passage of 1383, OCWR believes it is necessary to update the
existing agreements to ensure the county can meet or exceed the lifespan of the two remaining landfills in Orange County while at the
same time, offer organics processing services to assist jurisdictions be in compliance with SB 1383.
Recommendation
That the Board of Directors provide direction to staff.
Analysis
OCWR is proposing to replace the WDA with a new Waste Infrastructure System Enhancement (WISE) Agreement that will strive to
accomplish the following objectives:
A 10-year county commitment to continue providing the essential public services of waste disposal.
New organics processing services.
A path forward to compliance with SB 1383 requirements.
An efficient and advanced disposal system managed by well trained staff.
Landfill diversion through Material Recovery Facilities (MRF) and organics disposal/processing services, including food waste.
Continuation of importation revenue to each city/special district.
One inclusive rate (tip fee).
To assist jurisdictions be in compliance with SB 1383, OCWR is proposing new and expanded organic waste recycling infrastructure
that will consist of three phases.
Phase 1A - Open Windrow Composting for processing green waste in an open air environment where the material can break down in
the presence of oxygen.
Phase 1B - Covered aerated static pile composting uses airflow to break down organic waste into compost. The piles are covered to
control odors and retain heat.
Phase 2 - Co-Digestion for food waste by using Orange County Sanitation District's existing digesters.
Phase 3 - High Solids Anaerobic Digestion facility
The following is brief overview of the terms of the proposed WISE agreement.
Jurisdictions must deliver all controllable organic waste to the County's infrastructure.
Jurisdictions shall arrange for the "take back" of its proportional share of finished compost from the County's organic
infrastructure on a weekly/monthly basis.
Jurisdictions shall be entitled to an Organic Take Back Rebate in the amount of $70/ton for its proportional share of all bulk
recovered organic waste project it takes back from the county's organic infrastructure.
Subject 3. Discussion of Orange County Waste and Recycling Proposed Waste
Infrastructure System Enhancement (WISE) Agreement
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Goals 2.0 Solid Waste
If jurisdictions fails to meet its organic take back requirement, county reserves the right to limit acceptance of additional
controllable organic waste from jurisdictions.
Requires jurisdictions to have flow control authority over solid waste materials
If a jurisdiction does not have flow control - agreement must be amended by July 1, 2025.
Jurisdictions shall notify in writing each Hauler of the County’s third-party beneficiary rights.
If the Jurisdiction fails to transport all waste material to the County system, jurisdictions will be fined by the County.
Jurisdictions may also opt to send all residential organics to OCW&R. If jurisdictions do not send green material to OCW&R,
they must pay a 10% additional per ton fee .
50% of net import revenues will be paid to the participating jurisdictions.
The gate rate (tip fee) will increase 92% from $42.65/ton to $82.00/ton and the rate will continue to increase every year for the next ten
years when it will top out at $107/ton in 2035, a 151% increase from the current rate. See attachment.
OCWR first presented the proposed WISE agreement to cities and special districts leadership on November 20, 2024. The Orange
County City Managers Association (OCCMA) created an ad hoc committee to continue meeting with OCWR official to discuss and
resolve concerns raised by jurisdiction leadership. CMSD's general manager is serving on the ad hoc committee.
On February 20, 2025, the ad hoc committee met with OCWR officials. The committee made it clear that the proposed gate rate
increase of 92% and the requirement of organics being delivered to the landfills is unacceptable. The committee informed OCWR that
the majority of jurisdictions already have contracts in place to comply with SB 1383, so the county's ambitious plan to expand its
organics recycling infrastructure is not necessary. It was also suggested OCWR create two separate gate fees; one for trash and the
other for organics.
The committee also made it clear to OCWR having the WISE agreement executed and implemented by July 1, 2025 is unrealistic
because of Prop 218 and public outreach requirements. The committee recommended the WDA be extended for another year, ending
on June 30, 2026.
At the February 20 meeting, OCWR officials agreed to extend the WDA for six months, ending on December 31, 2025. They propose
the WISE agreement goes into effect on January 1, 2026 and the gate fee to increase to $67.76. The ad hoc committee rejected OCWR
latest proposal. OCWR admitted the 92% rate increase is not primarily due to expanding its organics waste recycling infrastructure, but
rather its due to the current gate fee of $42.65 not being sustainable, as the county landfill system will be operating in a deficit in a few
years. See attachment.
The committee created a technical advisory subcommittee to review OCWR finances to better understand the projected deficit and to
seek clarity regarding the reasons for the proposed rate increase. CMSD Treasurer, Marc Davis, is serving on the subcommittee. The
ad hoc committee and OCWR are meeting again on March 11 at 9:00 am. Marissa Pereyda will be representing CMSD at the meeting.
Legal Review
Not applicable at this time; however, when cities/special districts leadership and OCWR agree on the terms, a revised WISE agreement
will be presented to District Counsel for review.
Environmental Review
Receiving a summary report about negotiations with OCWR regarding landfill disposal services 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
Unknown at this time. When the jurisdictions and OCWR agree on a gate fee for trash disposal, staff will perform a financial analysis to
determine the financial impacts, if any, to the district.
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the March 11, 2025 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
Project WISE Gate Rate Per Ton.pdf (91 KB)
OCWR Operating Cash Balance.pdf (240 KB)
E. ITEMS OF STUDY
To: Board of Directors
Via: Scott Carroll, General Manager
From: Angela Colunga, Management Analyst I
Date: March 11, 2025
Subject: Receive and File Six (6) Citizens Advisory Committee Applications
Summary
There are currently a total of five (5) vacancies on the Citizens Advisory Committee (CAC) that require the Board to appoint new
members to serve on the committee.
Recommendation
That the Board of Directors receive and file six (6) Citizens Advisory Committee (CAC) applications for appointment consideration at the
March 24, 2025 Board of Directors meeting.
Analysis
The Citizens Advisory Committee (CAC) consists of 11 members that provide advisory input on subject matters desired by the Board of
Directors. CAC members serve staggered two-year terms. Five (5) vacancies currently exist for the upcoming 2025-2027 term.
District staff publicized these vacancies for a total of 5 weeks on the District's website, as well as through targeted email campaigns and
social media posts. A total of six (6) applications were received from the following individuals:
Sue Lester
Current CAC Chair
Served on CAC a total of 3.5 terms, 2018-2019, 2019-2021, 2021-2023 and 2023-2025
District 5 resident
Cindy Brenneman
Current CAC Member
Served on CAC a total of 2 terms, 2021-2023 and 2023-2025
District 3 resident
Jeff Arbour
Current CAC Member
Served on CAC a total of 2 terms, 2021-2023 and 2023-2025
District 1 resident
Brooke Natzke
New applicant
District 4 resident
Donald Neal
New applicant
District 5 resident
Shayanne Wright
New applicant
District 5 resident
Currently, for the 2024-2026 CAC terms, there is (1) member from District 1, (1) member from District 2, (1) member from District 3, (2)
members from District 4, and (1) member from District 5.
Each of the redacted applications are attached to the staff report for the Board's consideration. The Board will be asked to appoint
members to fill the vacancies at the March 24, 2025 Board of Directors meeting.
Subject 4. Receive and File Six (6) Citizens Advisory Committee Applications
Meeting Mar 11, 2025 - Board of Directors Study Session
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Type Discussion, Receive and File
Legal Review
Not applicable.
Environmental Review
Appointing members to the Citizens Advisory Committee is an administrative matter, which will not result in direct or indirect physical
changes to the environment similar to grading or construction and is not considered a project under CEQA.
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 11, 2025 Board of Directors Study
Session at District Headquarters and posted on the District’s website.
Alternative Actions
Refer the matter back to staff.
File Attachments
Lester_Sue_redacted.pdf (184 KB)
Brenneman_Cindy_redacted.pdf (189 KB)
Arbour_Jeff_redacted.pdf (240 KB)
Natzke_Brooke_redacted.pdf (169 KB)
Natzke_Brooke_resume_redacted.pdf (101 KB)
Neal_Donald_redacted.pdf (163 KB)
Neal_Donald_resume_redacted.pdf (168 KB)
Wright_Shayanne_redacted.pdf (170 KB)
F. CLOSING ITEMS
Subject 1. Oral Communications and Director Comments
Meeting Mar 11, 2025 - Board of Directors Study Session
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F. CLOSING ITEMS
The next Study Session of the Costa Mesa Sanitary District Board of Directors will be held at 9:00 a.m. on Tuesday, April 8, 2025 in the
District's Boardroom, located at 290 Paularino Avenue, Costa Mesa, CA 92626.
Subject 2. Adjournment
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