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2023_09_13_cac9/7/23, 4:26 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#1/2 Wednesday, September 13, 2023 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. *** 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 - 885 8027 5211 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 885 8027 5211# 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 Joint Citizens Advisory Committee and Board of Directors Meeting Minutes of July 12, 2023 2. Board of Directors Term Limits 9/7/23, 4:26 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#2/2 3. Removal of Trash Containers Policy 4. Discuss and Draft Questions for the 2023 Community Survey C. CLOSING ITEMS 1. Committee Member Comments 2. Board/Staff Comments 3. Adjournment 9/7/23, 4:26 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#1/13 Wednesday, September 13, 2023 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. *** 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 - 885 8027 5211 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 885 8027 5211# 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 Sep 13, 2023 - Citizens Advisory Committee Access Public Type 9/7/23, 4:26 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#2/13 A. OPENING ITEMS Member Position Term Elodie Katz Chair 2021-23 Sue Lester Vice Chair 2021-23 Annette Watson Member 2022-24 Cindy Brenneman Member 2021-23 Daniel Baume Member 2022-24 Dean Fisher Member 2022-24 Dickie Fernandez Member 2022-24 Jeff Arbour Member 2021-23 Judith Gielow Member 2021-23 Michael Tou Member 2022-24 Rosemarie Chora Member 2022-24 Subject 2. Roll Call Meeting Sep 13, 2023 - Citizens Advisory Committee Access Public Type 9/7/23, 4:26 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#3/13 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 Sep 13, 2023 - Citizens Advisory Committee Access Public Type Procedural 9/7/23, 4:26 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#4/13 B. ITEM To: Citizens Advisory Committee Via: Scott Carroll, General Manager From: Gina Terraneo, Management Analyst II Date: September 13, 2023 Subject: Approve the Joint Citizens Advisory Committee and Board of Directors Meeting Minutes of July 12, 2023 Summary The recorded minutes of the July 12, 2023 Joint Citizens Advisory Committee and Board of Directors Meeting are hereby submitted to the Citizens Advisory Committee for review and approval. Analysis Attached to the staff report are the minutes for the Joint Citizens Advisory Committee and Board of Directors Meeting on July 12, 2023. 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 September 13, 2023 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_2023_07_12_joint_cac_board.pdf (69 KB) Subject 1. Approve the Joint Citizens Advisory Committee and Board of Directors Meeting Minutes of July 12, 2023 Meeting Sep 13, 2023 - Citizens Advisory Committee Access Public Type Action, Minutes Recommended Action That the Citizens Advisory Committee approves the meeting minutes as presented. Minutes View Minutes for Jul 12, 2023 - Joint Citizens Advisory Committee and Board of Dir 9/7/23, 4:26 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#5/13 B. ITEM To: Citizens Advisory Committee From: Scott Carroll, General Manager Date: September 13, 2023 Subject: Board of Directors Term Limits Summary On April 24, 2023, the Board of Directors approved establishing an ad hoc committee to discuss the possibility of the district adopting a policy for term limits for the Board of Directors. The Board appointed Vice Secretary Ooten and Director Eckles to serve on the ad hoc committee. The Committee met on May 11 and June 8, 2023 to discuss term limits. On July 12, 2023, the Board of Directors and Citizens Advisory Committee (CAC) held a joint meeting to discuss this topic. Attached is a copy of the July 12 staff report. The Board directed the CAC to continue the discussion and if possible, make a recommendation to the Board. Recommendation That the Citizens Advisory Committee provide direction to staff. Analysis During the July 12 joint meeting, the CAC requested the deadlines to qualify a ballot initiative in the 2024 elections. For the March 5, 2024 Primary Election, the deadline is October 26, 2023. The Secretary of State has not yet released the deadlines for the November 5 General Election Calendar. The CAC made comments about Board of Directors receiving a benefit package in addition to their compensation. Attached is a compensation and benefits survey of the different governing bodies servicing the CMSD community. The Costa Mesa Sanitary District Board of Directors is the only governing body that does not receive retirement, health, life and/or long term disability benefits. The CAC inquired the regularity of Board of Director incumbents facing challengers in past elections. Attached are the names of incumbents and challengers from the past eleven elections dating back to 2002. Five out of the eleven past elections had at least one incumbent being re- elected without someone challenging his/her seat on the Board of Directors. See attachment. Legal Review Not applicable at this time. However, a legal review by District Counsel will be performed for the Board of Directors. 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 To place a Term Limit Initiative on the ballot will cost: Stand-Alone Election November 7, 2023, ESTIMATE – $604,383 - $751,250 March 5, 2024 Consolidated Election ESTIMATE – $165,725 - $197,374 November 5, 2024 Consolidated Election ESTIMATE – $144,122 - $168,569 Subject 2. Board of Directors Term Limits Meeting Sep 13, 2023 - Citizens Advisory Committee Access Public Type Action Recommended Action That the Citizens Advisory Committee provide direction to staff. 9/7/23, 4:26 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#6/13 Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the September 13, 2023 Citizens Advisory Committee meeting held at 290 Paularino Avenue, Costa Mesa and posted on the District’s website. Alternative Actions 1. Direct staff to report back with more information File Attachments July 12, 2023 Staff Report.pdf (156 KB) Term Limits.pdf (157 KB) Ballot Initiative Costs.pdf (150 KB) CM NB Governance Compensation.pdf (119 KB) Past Elections.pdf (167 KB) 9/7/23, 4:26 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#7/13 B. ITEM To: Citizens Advisory Committee Via: Scott Carroll, General Manager From: Marissa Pereyda, Management Analyst II Date: September 13, 2023 Subject: Removal of Trash Containers Policy Summary Costa Mesa Sanitary District (CMSD) will introduce a three-cart curbside collection program in the fall of 2024 as one component of CMSD’s compliance with Senate Bill (SB) 1383. With the introduction of a blue recycling cart, the third container may create a hardship for customers who do not have sufficient space to store their carts out of public view. The Board of Directors has directed staff to evaluate the District’s Operations Code to determine if modifications are necessary to accommodate these potential hardships. Recommendation That the Citizens Advisory Committee make recommendations to the Board of Directors regarding CMSD's removal of trash containers policy. Analysis The District’s policy on the removal of trash containers from public view can be found in Section 7.01.080 of the District’s Operations Code and is included below. Section 7.01.080. Removal of Trash Containers. (a) Residential containers placed in the street shall be removed from the curb by midnight the day of collection and shall be stored in the rear or side yard of the property so as to be out of view from the street. Containers placed in the alley for collection shall be removed from the alley by midnight the day of collection and shall be stored so as to be out of the public alley, completely on private property, and out of view from the public street. (Ord. 100, 2014) (b) A hardship exception or variance may be obtained by any person whose property is uniquely situated to not allow container removal from the public alley or who has a personal hardship not allowing such storage. A hardship waiver form must be completed explaining the reason(s) for a hardship. Such a hardship exception or variance shall be approved in a letter or other memorialization from the General Manager or designee. Such memorialization shall list the reasons and may be limited in time. (Ord. 27, 1997) (Ord. 93, 2012) Per Operations Code Section 7.01.080(b), any customer who has a hardship not allowing them to store their containers out of public view may request a hardship waiver from the District. Customers with an approved hardship waiver may store their carts in an approved location in public view without violating the District's Operations Code. For this reason, staff does not believe that revisions to the Operations Code are necessary. Attached to this report is a proposed hardship waiver form that customers may submit to the District for approval. After a customer submits a waiver request, the District’s Code Enforcement Officer will conduct a site visit and approve or deny the hardship waiver request, citing the reason for the approval or denial and if the waiver is temporary or permanent. The customer will then receive notification and a copy of their approved or denied request, and the District will keep a record of all approved waivers for code enforcement’s reference in the field. Trash containers placed in the alley for collection are deemed out of public view, and only become a concern if the containers remain in the right- of-way, potentially impeding emergency service vehicles. For this reason, staff does not believe that the waiver request applies to containers placed in an alley for collection. These suggestions are presented to the Citizens Advisory Committee for their review and recommendations to the Board of Directors. Legal Review Not applicable. Subject 3. Removal of Trash Containers Policy Meeting Sep 13, 2023 - Citizens Advisory Committee Access Public Type Goals 6.3 Administrative Management - Plan periodic reviews and updates of District policies and procedures 9/7/23, 4:26 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#8/13 Environmental Review Consideration of the trash container removal policy is an administrative matter and not a disturbance of the environment, such as grading or construction, and is not a project under CEQA or the District’s CEQA Guidelines. Financial Review There are no fiscal impacts to the District for making policy recommendations to the Board of Directors. Public Notice Process Copies of this report are on file and will be included in the complete agenda packet for the September 13, 2023, 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 Trash_Container_Removal_Hardship_Waiver_Request_Form.pdf (76 KB) 9/7/23, 4:26 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#9/13 B. ITEM To: Citizens Advisory Committee Via: Scott Carroll, General Manager From: Marissa Pereyda, Management Analyst II Date: September 13, 2023 Subject: Discuss and Draft Questions for the 2023 Community Survey Summary District staff is seeking assistance from the Citizens Advisory Committee to develop the 2023 Community Survey questionnaire. Recommendation That the Citizens Advisory Committee provide recommendations and survey questions to the Board of Directors for consideration in the 2023 Community Survey. Analysis On September 12, 2023, the Board of Directors approved an agreement with Probolsky Research to conduct community survey research and analysis. The purpose of the District’s community survey is to seek level of satisfaction feedback and awareness of solid waste and sewer programs from District ratepayers and to obtain relevant data to improve District programs. The 2023 survey will also assess receptiveness to a three-cart trash and recycling system and two trash and recycling collection days each week. Probolsky Research will: Recommend appropriate methodologies and strategies for providing the best data samples, objective results, and valid findings, including a combination of methods such as focus groups, phone, text, mail, and online surveys Consult with District representatives to develop the survey instrument, create a draft survey instrument, and make recommended revisions to the survey instrument, sampling, and methodologies as requested by District representatives. Identify a sample size of at least 1,000 rate payers, confirming that participants are District solid waste ratepayers, and ensure a 95% confidence rating with a five point plus/minus variance. Analyze survey results to provide the District with meaningful and useful information and provide a tabulation of results, cross tabulation as appropriate, key findings, detailed findings, conclusions, recommendations, and other relevant information. Compile and submit a final report for review by District staff, the Board of Directors, and Citizens Advisory Committee and present findings to the Board of Directors and Citizens Advisory Committee. Staff is seeking assistance from the CAC to develop the 2023 survey questionnaire by providing suggestions and survey questions for the Board of Directors' consideration. Adam Probolsky, President of Probolsky Research, is available at tonight's meeting to receive CAC feedback and answer questions. The 2021 Community Survey questions are attached to this report. Staff is recommending that the CAC consider including some of the 2021 survey questions in the 2023 survey to gauge changes in level of satisfaction. Following this meeting, staff anticipates the survey timeline below. Date Meeting Task September 25, 2023 Board of Directors Meeting Board to provide recommendations and survey questions November 8, 2023 CAC Meeting Probolsky Research's presentation of survey results November 27, 2023 Board of Directors Meeting Probolsky Research's presentation of survey results Subject 4. Discuss and Draft Questions for the 2023 Community Survey Meeting Sep 13, 2023 - Citizens Advisory Committee Access Public Type Goals 5.0 Community Outreach & Communications 9/7/23, 4:26 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#10/13 Legal Review Not applicable. Environmental Review Providing comments and suggestions for the community survey is an administrative matter and not a disturbance of the environment, such as grading or construction, and is not a project under CEQA or the District’s CEQA Guidelines. Financial Review There are no fiscal impacts to the District for the CAC to provide comments and suggestions for the 2023 Community Survey. Public Notice Process Copies of this report are on file and will be included in the complete agenda packet for the September 13, 2023, 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 Costa_Mesa_Sanitary_District_2021_Survey_Presentation.pdf (499 KB) 9/7/23, 4:26 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#11/13 C. CLOSING ITEMS Subject 1. Committee Member Comments Meeting Sep 13, 2023 - Citizens Advisory Committee Access Public Type Presentation 9/7/23, 4:26 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#12/13 C. CLOSING ITEMS Subject 2. Board/Staff Comments Meeting Sep 13, 2023 - Citizens Advisory Committee Access Public Type Presentation 9/7/23, 4:26 PM BoardDocs® Pro https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#13/13 C. CLOSING ITEMS The next Citizens Advisory Committee meeting will be held at 6:00 p.m. on Wednesday, November 8, 2023 in the District's Boardroom, located at 290 Paularino Avenue, Costa Mesa, CA 92626. Subject 3. Adjournment Meeting Sep 13, 2023 - Citizens Advisory Committee Access Public Type Procedural