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Minutes - CAC - 2025-03-12COSTA MESA SANITARY DISTRICT MINUTES OF THE CITIZENS ADVISORY COMMITTEE MEETING MARCH 12, 2025 CAC Members present Jeff Arbour, Cindy Brenneman, Xerxez Calilung, Rosemarie Chora, Paul Lancaster, Sue Lester, Michael Tou CAC Members absent Dean Fisher, Dickie Fernandez, Ben Glassman, Craig Holmes Board Members present Michael Scheafer, Arlene Schafer Staff present Scott Carroll (General Manager), Gina Terraneo (Senior Management Analyst), Alan Burns (District Counsel), Mark Esquer (District Engineer), Marissa Pereyda (Senior Management Analyst), Angela Colunga (Management Analyst I) Others present Anthony Elowsky, RDN Meeting called to order at 6:00 P.M. A. OPENING ITEMS Procedural: 1. Call to Order Citizens Advisory Committee (CAC) Chair Lester called the meeting to order at 6:00 p.m. COSTA MESA SANITARY DISTRICT PAGE 2 MINUTES OF THE CITIZENS ADVISORY COMMITTEE MEETING HELD MARCH 12, 2025 Procedural: 2. Roll Call Senior Management Analyst, Gina Terraneo, conducted roll call. She noted that CAC Members Arbour, Brenneman, Calilung, Chora, Lester, Lancaster, and Tou were present, while CAC Member Fisher, Fernandez, Glassman, and Holmes were not present. Procedural: 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. None. B. ITEMS Action:1. Approve the Citizens Advisory Committee Meeting Minutes of November 13, 2024 Recommendation: That the Citizens Advisory Committee approve the meeting minutes as presented. CAC Chair Lester introduced the item. Motion: To approve the meeting minutes as presented. Motion by Cindy Brenneman, second by Michael Tou. Final Resolution: Motion carries 7-0-4 Ayes: Jeff Arbour, Cindy Brenneman, Xerxez Calilung, Rosemarie Chora, Paul Lancaster, Sue Lester, Michael Tou No: None Not Present: Dean Fisher, Dickie Fernandez, Ben Glassman, Craig Holmes There was no further discussion. Action, Receive and File: 2. Receive and File the 2025 Christmas Tree Collection Program Recommendation: That the Citizens Advisory Committee receives and files this report. COSTA MESA SANITARY DISTRICT PAGE 3 MINUTES OF THE CITIZENS ADVISORY COMMITTEE MEETING HELD MARCH 12, 2025 Senior Management Analyst, Marissa Pereyda, presented report details. She recognized the District's Solid Waste Intern, Stephanie Tsai, for her reporting. She discussed Christmas tree tonnage and program complaints. She stated that District staff recommends hiring a third -party contractor to address missed Christmas trees by CR&R. Discussion followed regarding illegally dumped Christmas trees and hiring a third -party contractor to assist with the program. President Scheafer shared that CR&R will be tagging Christmas trees that are not in compliance with the program's guidelines next year. CAC Member Chora stated that there were many trees that followed the program's guidelines that were missed by CR&R. Discussion followed regarding program outreach efforts. There was no further discussion, and the report was received. Action 3. Review AB 2257: Optional Process for Updating Water and Wastewater Rate Setting Procedures Recommendation: That the Citizens Advisory Committee recommend the Board of Directors considers updating CMSD's rate setting procedures to limit litigated challenges. General Manager, Scott Carroll, introduced the item. District Counsel, Alan Burns, presented report details. He discussed the existing substantive and procedural requirements under Proposition 218. He provided information regarding the Plantier v. Ramona Municipal Water Districtcase, which is considered the catalyst for Assembly Bill (AB) 2257. He explained the objection and protest hearing rules under AB 2257. He discussed Board action after a protest hearing and the contents of the administrative record. He shared the pros and cons of implementing AB 2257's procedures. COSTA MESA SANITARY DISTRICT PAGE 4 MINUTES OF THE CITIZENS ADVISORY COMMITTEE MEETING HELD MARCH 12, 2025 CAC Member Arbour expressed support for implementing AB 2257s optional procedures. Discussion followed regarding adopting AB 2257 for certain rate increases. CAC Chair Lester stated that implementing these new procedures could help protect the District from future litigation. Mr. Burns stated that he is not aware of any special districts in California that have utilized the procedures under AB 2257. He noted that the law went into effect on January 1, 2025. Discussion followed regarding details of the Plantier v. Ramona Municipal Water District case and the financial impacts of AB 2257. CAC Vice Chair Tou recommended reviewing the procedures of AB 2257 when there is a change in assessments. CAC Member Chora stated that these procedures may reduce District staff s flexibility due to the increase in regulations. She recommended reviewing how other special districts implement AB 2257. She noted that this law applies in instances where assessments procedures are being changed. Mr. Burns shared that, every year, the District issues a published notice to all property owners to challenge their property's assessment. Motion: To recommend that staff bring back more information at the September 10, 2025 meeting, including the costs of conducting town hall meetings and sending out any required mailings. Motion by Michael Tou, second by Cindy Brenneman. Final Resolution: Motion carries 7-0-4 Ayes: Cindy Brenneman, Xerxez Calilung, Rosemarie Chora, Paul Lancaster, Sue Lester, Michael Tou, Jeff Arbour No: None Not Present: Dickie Fernandez, Ben Glassman, Craig Holmes, Dean Fisher There was no further discussion. COSTA MESA SANITARY DISTRICT PAGE 5 MINUTES OF THE CITIZENS ADVISORY COMMITTEE MEETING HELD MARCH 12, 2025 Action 4. Review Sewer Building Permit and Fixture Fee Preliminary Study Information Recommendation: That the Citizens Advisory Committee provides feedback. District Engineer, Mark Esquer, introduced the item and Anthony Elowsky of Robert D. Niehaus (RDN). Mr. Elowsky provided a presentation on the proposed sewer building permit and fixture fees. He discussed the study's overview, primary objectives, and proposed methodology. He shared the proposed permit fees and a five-year rate schedule, which includes a 3% cost -of -living -adjustment (COLA), 5% merit raise, and a 4.4% contract labor increase. Discussion followed regarding additional inspection fees, the proposed five- year rate schedule, and how the Consumer Price Index (CPI) was applied to the rate schedule. CAC Vice Chair Tou confirmed that there is one proposal for permit fees and two proposals fixture fees. Mr. Elowsky presented information on fixture fees and discussed the buy -in method. He shared the proposed methodology and explained the two options for determining the fixture unit capacity. He provided the proposed fixture fees in option 1 and option 2 of the study and shared a five-year rate schedule for both options. Mr. Esquer stated that there is an error in the staff report under the financial review section. He noted that the figures for options 1 and 2 should be reversed. He clarified that option 1 is a new method for calculating the impact of fixtures on the District's wastewater system. Discussion followed regarding the revenue generated from the two options and capacity costs. CAC Member Chora suggested including deltas and percentage differences in the proposed fixture fee graphs. She stated that the study indicates that COSTA MESA SANITARY DISTRICT PAGE 6 MINUTES OF THE CITIZENS ADVISORY COMMITTEE MEETING HELD MARCH 12, 2025 the District is not collecting enough permit fees to cover capacity costs. She noted that, as a result, the cost is shifted from the developer to wastewater ratepayers. She expressed support for a full -cost recovery plan. She inquired if another study will be conducted in five years. Mr. Carroll confirmed that another study will be conducted in five years. CAC Member Arbour asked if these proposed charges only apply to new customers. Mr. Esquer stated that they will apply to new development customers as well as customers who are remodeling their home and adding new fixtures. Discussion followed regarding climate -related disasters and their effect on the construction cost index. Motion: To recommend Option 1. Motion by Paul Lancaster, second by Sue Lester. CAC Vice Chair Tou recommended sharing this information with the Costa Mesa Chamber of Commerce. Final Resolution: Motion carries 6-0-1-3 Ayes: Cindy Brenneman, Xerxez Calilung, Paul Lancaster, Sue Lester, Michael Tou, Jeff Arbour No: None Abstain: Rosemarie Chora Not Present: Dickie Fernandez, Ben Glassman, Craig Holmes, Dean Fisher There was no further discussion. C. CLOSING ITEMS Procedural: 1. Committee Member Comments CAC Chair Lester reminded the committee to attend at least one Board meeting or Study Session. She shared that the meeting calendar is available. e v COSTA MESA SANITARY DISTRICT PAGE 7 MINUTES OF THE CITIZENS ADVISORY COMMITTEE MEETING HELD MARCH 12, 2025 She recommended having CAC members sign up to attend a Board meeting. She stated that the Board has six applicants for the 2025-2027 CAC term. She recommended including the CAC handbook to applicants. She thanked the CAC, District staff, and the Board and stated that she has very much enjoyed her time on the CAC since its inception. There was no further discussion. Procedural: 2. Board/Staff Comments Mr. Carroll recognized the CAC members who term ended at the conclusion of tonight's meeting. He thanked the members who have re -applied for the committee. CAC Vice Chair Tou inquired about District events. Ms. Terraneo stated that staff can send out information about District events to the CAC. Mr. Carroll shared that Mesa Water District's new education center is opening on March 28, 2025. He added that the District's proposed preliminary biennial budget will be presented at the next CAC meeting. Procedural: 3. Adjournment CAC Chair Lester adjourned the meeting at 7:37 p.m. and stated that the next CAC meeting is scheduled for May 14, 2025. Sue Lester Citizens Advisory Committee Chair