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Wednesday, November 10, 2021
Citizens Advisory Committee Meeting
Time: 6:00 P.M.
IMPORTANT NOTICE REGARDING NOVEMBER 10, 2021 CITIZENS ADVISORY COMMITTEE MEETING
This hybrid in-person and teleconferenced meeting will utilize electronic means consistent with
State of California Assembly Bill 361 (Gov. Code § 54953(b)(3)).
***
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 - 839 5060 0746
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 839 5060 0746#
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 Citizens Advisory Committee Meeting Minutes of September 8, 2021
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2. Review and Comment on the September 2021 Cart-to-Cart Outreach Results
3. Provide Direction to the Board of Directors Regarding 2021 Wastewater Rate Study
4. Review and Comment on Proposed Senate Bill 1383 - Mandatory Organic Waste Disposal Reduction
C. CLOSING ITEMS
1. Committee Member Comments
2. Board/Staff Comments
3. Adjournment -- The next Citizens Advisory Committee meeting will be held on Wednesday, January 12, 2022.
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Wednesday, November 10, 2021
Citizens Advisory Committee Meeting
Time: 6:00 P.M.
IMPORTANT NOTICE REGARDING NOVEMBER 10, 2021 CITIZENS ADVISORY COMMITTEE MEETING
This hybrid in-person and teleconferenced meeting will utilize electronic means consistent with
State of California Assembly Bill 361 (Gov. Code § 54953(b)(3)).
***
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 - 839 5060 0746
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 839 5060 0746#
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 Nov 10, 2021 - Citizens Advisory Committee Meeting
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A. OPENING ITEMS
Member Position Term
Elodie Katz Chair 2021-23
Sue Lester Vice Chair 2021-23
Dickie Fernandez Member 2020-22
Daniel Baume Member 2020-22
Seth Greiner Member 2020-22
Phil Marsh Member 2020-22
Rosemarie Chora Member 2020-22
Mike Corcoran Member 2020-22
Judith Gielow Member 2021-23
Jeff Arbour Member 2021-23
Cindy Brenneman Member 2021-23
Subject 2. Roll Call
Meeting Nov 10, 2021 - Citizens Advisory Committee Meeting
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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 Nov 10, 2021 - Citizens Advisory Committee Meeting
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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: November 10, 2021
Subject: Approve the Citizens Advisory Committee Meeting Minutes of September 8, 2021
Summary
The recorded minutes of the September 8, 2021 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 September 8, 2021.
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 November 10, 2021 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_2021_09_08_cac.pdf (112 KB)
Subject 1. Approve the Citizens Advisory Committee Meeting Minutes of September 8, 2021
Meeting Nov 10, 2021 - Citizens Advisory Committee Meeting
Access Public
Type Action, Minutes
Recommended Action That the Citizens Advisory Committee approves the meeting minutes as presented.
Minutes View Minutes for Sep 8, 2021 - Citizens Advisory Committee
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B. ITEM
To: Citizens Advisory Committee
From: Scott Carroll, General Manager
Date: November 10, 2021
Subject: Review and Comment on the September 2021 Cart-to-Cart Outreach Results
Summary
During the month of September, CR&R's Senior Sustainability Coordinator and CMSD's Management Analyst I conducted a cart-to-cart
outreach effort focused on providing feedback to each home on their use of the Organics Recycling Cart.
Recommendation
That the Board of Directors receive and file this report.
Analysis
For three weeks during the month of September, CMSD and CR&R staff conducted a cart-to-cart outreach for the Wednesday Organics
Route. A total of 180 homes were visited over the three-week effort and only 7 homes (3.88%) had food waste in their Organics Recycling
Cart. Staff visited three different neighborhoods, East Costa Mesa, College Park and a single-family neighborhood near CMSD
Headquarters. Below is a breakdown of what was observed:
Date Oops Tags Awesome Tags Uh-Oh Tags Homes Visited
9/15/2021 3 Oops Tags 41 Awesome Tags 16 Uh-Oh Tags 60 Homes
9/22/2021 5 Oops Tags 45 Awesome Tags 10 Uh-Oh Tags 60 Homes
9/29/2021 5 Oops Tags 25 Awesome Tags 30 Uh-Oh Tags 60 Homes
In total, 13 homes (7.22%) received an Oops Tag for not placing their Organics Recycling Cart out for collection. 112 homes
(62.22%) received an Awesome Tag for having yard waste in their cart, and 56 Uh-Oh Tags (31.11%) were issued to homes that had
trash/recyclables in their Organics Recycling Cart. On week 3 of the outreach, one resident received a $25 gift card for having her
Organics Recycling Cart out for collection in the neighborhood with the lowest participation.
Staff is requesting outreach ideas from the Board of Directors on how to encourage residents to place their Organics Recycling Cart out
for collection and to help encourage the placement of food waste in the cart. Earlier this month, CMSD staff received an outreach and
three-cart proposal from CR&R. After reviewing the proposal and based on the outreach findings above, CMSD staff is
recommending the existing two-cart system remain in place at least through June 2022. During this time, CMSD would like CR&R to use
the dedicated 20 hours a week for SB 1383 compliance outreach along with the completion of quarterly waste characterization studies to
see if the outreach is having an effect on our resident's behavior. The use of the existing allocated 20 hours a week by CR&R ensures
that outreach is completed at no added cost to CMSD. Under SB 1383, local jurisdictions have a two-year period to focus on education
before having to fine residents for non-compliance and cross contamination with their curbside cart system. Conducting SB 1383
outreach through CR&R for the rest of the fiscal year will allow CMSD to gather more data on our residents disposal behaviors in order to
make a more informed decision on a three-cart system and how that outreach should be formulated.
On October 22, 2021, CMSD's Solid Waste Ad Hoc Committee discussed this item. Comments and suggestions made by the Committee
included school outreach efforts, reduce confusion and clarify organic materials, disseminate videos on Facebook, Mesa Water bill
inserts, outreach at the Costa Mesa Senior Center.
Legal Review
Not Applicable
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.”
Subject 2. Review and Comment on the September 2021 Cart-to-Cart Outreach Results
Meeting Nov 10, 2021 - Citizens Advisory Committee Meeting
Access Public
Type
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Financial Review
There is sufficient fund in the budget to cover for the $25 incentive gift card and staff time to conduct the cart-to-cart outreach program.
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the November 10, 2021 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
AWESOME-CartHanger.pdf (3,715 KB)
OOPS-CartHanger.pdf (3,281 KB)
Uh-Oh Tag.pdf (2,534 KB)
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B. ITEM
To: Citizens Advisory Committee
From: Scott Carroll, General Manager
Date: November 10, 2021
Subject: Review and Comment on the 2021 Wastewater Rate Study Results
Summary
Approximately 97.4% of the District's wastewater revenues are from assessment rates that are applied to the property tax roll.
Periodically, the District will evaluate the rates to ensure revenues are covering expenditures. The last wastewater rate study was done
in 2012 and the last wastewater rate increase was in 2017.
On July 1, 2021 the District solicited proposals from qualified professional consultants to prepare a wastewater rate study that describes
the justification and calculations for annual wastewater charges. When proposals were due on August 5, the District received three
proposals that ranged in cost from $29,500 to $67,569. The consulting firm, Robert D. Niehaus, Inc. (RDN), submitted a proposal that is
considered "Best Value" to the District and was awarded a contract for $29,500.
Recommendation
That the Citizens Advisory Committee Review and Comment on the 2021 Wastewater Rate Study results.
Analysis
The District is responsible for providing a wastewater collection system to residents and businesses throughout Costa Mesa and a portion
of Newport Beach and the County of Orange. Proper maintenance and capital improvements of the system is necessary to ensure good
operations and avoid sanitary sewer overflows (SSOs). The last time the District adjusted the wastewater rates was in 2017. In the past
four and a half years, expenditures have steadily increased while revenues remained stagnant. In fact, wastewater reserve funds were
used to balance the FY 2021-22 & 2022-23 Budget because expenditures are exceeding revenues. Current revenues are not
sustainable to District operations, so adjustments are required, but how much of the adjustments is determined by the study.
Wastewater rates pay for District operations that include personnel (salaries & benefits), maintenance (pipe cleaning, pump stations, fleet,
buildings), and capital improvements (pipe replacement/rehabilitation, pump station improvements/rehabilitation). The wastewater rate
study takes into account existing expenditures as well as future expenses. Attached is a list of future expenditures staff is requesting to
perform in the next five years. The attached expenditures are included in the rate study.
Wastewater rates are applied to the following property users:
Single Family
Multi-Family (e.g. apartments, condominiums)
Commercial Average Strength (businesses without on-site food preparation)
Commercial High Strength (businesses with on site food preparation)
Industrial (e.g. manufacturing)
Trailer
Subject 3. Provide Direction to the Board of Directors Regarding 2021 Wastewater Rate
Study
Meeting Nov 10, 2021 - Citizens Advisory Committee Meeting
Access Public
Type Action
Fiscal Impact Yes
Recommended Action Review and Comment on the 2021 Wastewater Rate Study Results
Goals 1.0 Sewer Infrastructure
2.0 Solid Waste
8.0 Finance
8.4 Finance - Maintain appropriate reserve levels
8.7 Finance - Ensure rates are not among the highest in the County
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Administrative File Attachments
Wastewater Rate Study Presentation.pdf (1,068 KB)
Future Wastewater Expenditures.xlsx (12 KB)
a e
Accessory Dwelling Units (ADUs)
Below are the proposed annual rates for all the property class for the next five years. RDN will give a presentation to the Citizen Advisory
Committee describing the methodology and justification for the proposed rate adjustments.
Customer Class Current Rate FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 202
Single Family Residential 92.38 95.18 104.60 114.96 126.34 138.
Multi-Family Residential 54.21 72.04 79.17 87.01 95.62 105.
Commercial - Ave Strength 41.09 41.50 45.61 50.12 55.09 60.5
Commercial - High Strength 44.81 46.21 50.78 55.81 61.34 67.4
Industrial 105.48 106.87 117.45 129.08 141.86 155.
Trailer 54.21 67.18 73.83 81.14 89.17 98.0
ADU 0.00 34.99 38.45 42.26 46.44 51.0
Commercial and Industrial classes are charged per 1,000 square feet of building
Staff believes the proposed rate adjustments will ensure adequate revenues are available for expenditures and help the District
achieve zero sanitary sewer overflows on a consistent basis. Experiencing zero SSOs on a consistent basis will avoid potential fines from
regulatory agencies and/or potential legal costs from non-governmental agencies who will file lawsuits for violating the federal Clean
Water Act. Staff is seeking feedback and direction from the CAC regarding the proposed five-year rate structure. If the CAC believes the
proposed rates are too high, then staff is seeking direction from the CAC on items to cut from the list of future expenditures.
Legal Review
Not applicable at this time. District Counsel will assist with the Proposition 218 hearing, which is required by state law before
implementing utility rate adjustments.
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
Currently, the District receives $5,668,987 annually from wastewater rate charges. The proposed rates mentioned above would adjust
annual revenues as follows:
Revenue FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 TOTAL
With Adjustment 6,265,570 6,916,438 7,635,007 8,427,725 9,302,871
Without Adjustment 5,701,155 5,726,472 5,751,967 5,777,229 5,802,679
Difference 564,414 1,189,967 1,883,040 2,650,496 3,500,192 9,788,109
The District would receive additional revenues in the amount of $9,788,109 over the course of five years. If the District does not adopt the
rate adjustments for the next five years, the District will have to continue to use the wastewater reserve funds to balance the budget and
by FY 2026-27 the reserve funds will be depleted.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the November 10, 2021 Citizens Advisory
Committee meeting at District Headquarters and on District website at www.cmsdca.gov
Alternative Actions
1. Do not accept the proposed rate adjustment and recommend the Board of Directors consider reducing expenditures.
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B. ITEM
To: Citizens Advisory Committee
From: Scott Carroll, General Manager
Date: November 10, 2021
Subject: Review and Comment on Proposed Senate Bill 1383 - Mandatory Organic Waste Disposal Reduction
Summary
In September 2016, Governor Edmund Brown Jr. set methane emissions reduction targets for California (Senate Bill 1383 Lara, Chapter
395, Statutes of 2016) in a state-wide effort to reduce emissions of short-lived climate pollutants (SLCP). Senate Bill 1383 (SB1383),
otherwise known as the Short-lived Climate Pollutant Reduction Act of 2016, directs the Department of Resources Recycling & Recovery
(CalRecycle) to adopt regulations and requirements to achieve state-wide goals including a goal to reduce organic waste disposal into
landfills by 50 percent by 2020 and 75 percent by 2025 and increase edible food recovery by 20 percent by 2025.
Recommendation
That the Citizen Advisory Committee review and comment on the proposed ordinance and recommend the Board of Directors consider
adopting the ordinance.
Analysis
On January 1, 2022, municipalities and county agencies will be responsible for implementing SB 1383. Per the regulations, municipalities
and county agencies must:
Provide organic waste collection to all residents and businesses.
Establish a food recovery program to recover edible food from the waste stream and redistribute it for consumption.
Conduct outreach and education to all affected parties, including waste generators, haulers, facilities, edible food recovery
organizations and City departments.
Conduct Capacity Planning: Evaluate the City’s readiness to implement SB 1383 including organics collection, recycling and
edible food recovery capacity.
Procure recycled organic waste products like compost, mulch, and renewable natural gas (RNG) and electricity.
Inspect and enforce compliance with SB 1383.
Maintain accurate and timely records of SB 1383 compliance
Even though the main burdens for complying with the new law fall on cities and counties, the law does apply to special districts. Special
districts are specifically called out in Regulations 18982, (a)(36). (“Jurisdiction” includes a special district that provides solid waste
collection services.). CMSD will need to coordinate our efforts with the Cities of Costa Mesa, Newport Beach, the County of Orange and
CR&R Environmental Services to ensure everyone is in compliance with the new law, or we could face fines from CalRecycle for being
non-compliant that could be as high as $10,000 per day. CMSD efforts to assist with compliance will include, but not limited to the
following:
1. Provide curbside organic waste collection services to all CMSD solid waste rate payers.
2. Transport organic waste material to a facility that recovers organic waste.
3. Conduct public outreach regarding the Short-lived Climate Pollutant Reduction Act by providing educational materials to CMSD solid
waste rate payers.
4. Inspect and investigate curbside containers, collection vehicle loads, and/or processing facilities to confirm compliance.
5. Receive anonymous complaints about potential non-compliant with SB 1383.
6. Enforcement by issuing Notice of Violations and potentially issuing administrative citations.
Subject 4. Review and Comment on Proposed Senate Bill 1383 - Mandatory Organic Waste
Disposal Reduction
Meeting Nov 10, 2021 - Citizens Advisory Committee Meeting
Access Public
Type Action
Recommended Action That the Citizen Advisory Committee review and comment on the proposed ordinance and
recommend the Board of Directors consider adopting the ordinance.
Goals 2.0 Solid Waste
2.8 Solid Waste - Recycle green waste and food scraps
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In order to provide the services mentioned above, CMSD will need to adopt a mandatory organic waste disposal reduction ordinance that
will amend the District's Operations Code so that the Code is consistent with new state regulations. Attached is the first draft ordinance
for adopting a mandatory organic waste disposal reduction program. On October 5, 2021, the City of Costa Mesa City Council
received their first reading of the City's SB 1383 ordinance, and they officially adopted the ordinance on October 19, 2021. Click here to
read the City's staff report and ordinance. The City of Newport Beach and the County of Orange are is expected to adopt similar
ordinances later this year.
On October 22, 2021, CMSD's Solid Waste Ad Hoc Committee reviewed and commented on the proposed ordinance. Suggestions made
during the committee meeting are identified in the attached second draft version of the ordinance. The draft ordinance is currently being
reviewed by CR&R, and they will provide their comments by November 22, 2021.
Legal Review
District Counsel has not reviewed and/or commented on the proposed ordinance; however, District Counsel will review and edit the draft
ordinance prior to Board adoption consideration on November 22.
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
Staff believes the District will incur costs for implementing the ordinance. Specifically, costs for providing public outreach, inspections and
investigations and possibly enforcement (the District is still in discussion Cities of Newport Beach and Costa Mesa on who will be
responsible for enforcing violations from residential rate payers). Staff is negotiating with CR&R Environmental Services on providing
public outreach, inspection and investigation services and staff believes CR&R can commit twenty hours a week to SB 1383 because
Section 9.3.A of their existing contract with CMSD states:
"HAULER's Sustainability Coordinator will dedicate approximately 20 hours a week promoting Solid Waste diversion programs in CMSD."
The exact dollar amount CMSD will spend for implementing the attached ordinance is still being determined.
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the November 10, 2021 Citizens Advisory
Committee meeting at District Headquarters and posted on the District’s website.
Alternative Actions
1. Direct staff to report back with more information.
File Attachments
Proposed CMSD Ordinance Second Draft.docx (57 KB)
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C. CLOSING ITEMS
Subject 1. Committee Member Comments
Meeting Nov 10, 2021 - Citizens Advisory Committee Meeting
Access Public
Type Presentation
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C. CLOSING ITEMS
Subject 2. Board/Staff Comments
Meeting Nov 10, 2021 - Citizens Advisory Committee Meeting
Access Public
Type Presentation
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C. CLOSING ITEMS
Subject 3. Adjournment -- The next Citizens Advisory Committee meeting will be held on
Wednesday, January 12, 2022.
Meeting Nov 10, 2021 - Citizens Advisory Committee Meeting
Access Public
Type Procedural