2017_12_21_boardThursday, December 21, 2017
Board of Directors Regular Meeting
290 Paularino Avenue, Costa Mesa
5:30PM
A. OPENING ITEMS
Subject 1. Call to Order
Meeting Dec 21, 2017 - Board of Directors Regular Meeting
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Type Procedural
A. OPENING ITEMS
Subject 2. Pledge of Allegiance
Meeting Dec 21, 2017 - Board of Directors Regular Meeting
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Type Procedural
A. OPENING ITEMS
Subject 3. Invocation
Meeting Dec 21, 2017 - Board of Directors Regular Meeting
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Type Procedural
A. OPENING ITEMS
(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.)
Subject 4. Roll Call
Meeting Dec 21, 2017 - Board of Directors Regular Meeting
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Type Procedural
A. OPENING ITEMS
Subject 5. Ceremonial Matters and Presentations
Meeting Dec 21, 2017 - Board of Directors Regular Meeting
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Type Procedural
A. OPENING ITEMS
Unless directed otherwise by the Board of Directors, all actions shall be based on/memorialized by the latest document
submitted as a late communication.
Subject 6. Announcement of Late Communications
Meeting Dec 21, 2017 - Board of Directors Regular Meeting
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Type Procedural
A. OPENING ITEMS
This time has been set aside for persons in the audience to make the Board of 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 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 7. Public Comments
Meeting Dec 21, 2017 - Board of Directors Regular Meeting
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Type Procedural
B. CONSENT CALENDAR
Subject 1. Approve Consent Calendar
Meeting Dec 21, 2017 - Board of Directors Regular Meeting
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Type Action (Consent)
Recommended Action That the Board of Directors approve the Consent Calendar as presented.
B. CONSENT CALENDAR
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS STUDY SESSION
NOVEMBER 14, 2017
Members present
Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman
Members Absent
Mike Scheafer
Staff Present
Scott Carroll (General Manager), Wendy Davis (Finance Manager), Ed Roberts (Code Enforcement Officer), Nabila Guzman
(Management Analyst I), Gina Terraneo (Management Analyst I)
Others Present
Luke Money (Daily Pilot), Shelley Heller (CR&R)
Meeting called to order at 9:31 A.M.
A. OPENING ITEMS
Procedural: 1. Roll Call
Vice President Ferryman called the meeting to order at 9:31 A.M.
Management Analyst I, Gina Terraneo, conducted roll call. She noted that Director Perry, Assistant Secretary Ooten, Secretary
Schafer, and Vice President Ferryman were present and that President Scheafer was excused from the meeting.
Procedural: 2. Public Comments
Vice President Ferryman opened public comments. Seeing no one from the public wishing to speak, Vice President Ferryman
closed public comments.
B. ITEMS OF STUDY
Receive and File: 1. October 2017 Code Enforcement Officer report
Recommendation: That the Board of Directors receive and file the report.
Code Enforcement Officer, Ed Roberts, provided report details. He noted that there were a total of 5 documented scavenging
investigations and 82 warnings issued for trash carts in public view.
Director Perry asked if there were any repeat offenders within the list of trash carts in public view.
Mr. Roberts responded that there were occasionally repeat offenders, but that no single residence stood out as having an
egregious amount of violations.
There were no further questions or discussion and the report was received.
Receive and File: 2. Organics Tonnage Report
Recommendation: That the Board of Directors receive and file the report.
Subject 2. Approve the Board of Directors Study Session Meeting Minutes of November 14,
2017
Meeting Dec 21, 2017 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Recommended Action That the Board of Directors approve the meeting minutes as presented.
General Manager, Scott Carroll, presented the report and invited questions.
Director Perry commented that the organics tonnage appears to be increasing.
There were no further questions or discussion and the report was received.
Receive and File: 3. Solid Waste Diversion Report
Recommendation: That the Board of Directors receive and file the report.
General Manager, Scott Carroll, presented the report and invited questions. He noted that the District did not receive Orange
Coast College (OCC) Recycling Center's October data in time to include it in the report.
Discussion followed regarding the OCC Recycling Center's volume of intake since its expansion.
Assistant Secretary Ooten asked how the District plans to reach its goal of 75% landfill diversion.
Mr. Carroll noted that the District will increase public education, reward residents for participating in recycling organics, and
utilize the Citizens Environmental Protection Academy to conduct outreach for the Organics Recycling Program.
Assistant Secretary Ooten indicated that he would like to see more planning taking place.
Mr. Carroll clarified that the state mandate of 75% landfill diversion refers to all types of waste, including commercial. He
suggested that District staff meet with City of Costa Mesa staff to compare data and confer about their combined (or overall)
diversion rate.
Discussion followed regarding the City of Costa Mesa's diversion rate.
Mr. Carroll noted that District staff will bring an item to the next Study Session to report back the results of conferring with the
City of Costa Mesa's staff.
There were no further questions or discussion and the report was received.
Receive and File: 4. Costa Mesa Network for Homeless Solutions - Oral Report
Recommendation: That the Board of Directors receive and file the report.
Mr. Carroll shared that Bill Nelson of Fresh Beginnings was invited to share a report about the achievements of the Costa Mesa
Network for Homeless Solutions. He noted that Mr. Nelson was not present to provide the report and that he will be invited to
attend next month's Study Session.
Vice President Ferryman noted that the District received information from a representative for the Portland Loo and indicated
support for consideration of the Portland Loo as a possible solution.
Secretary Schafer suggested that the topic of public restrooms be placed on the agenda for the December 15, 2017 Liaison
Committee Meeting.
Discussion followed regarding the migration of Orange County homeless encampments.
There were no further questions or discussion and the report was received.
Action: 5. Consider Appropriating Funds to Implement Mobile Restrooms Program for Costa Mesa Homeless Population
Recommendation: That the Board of Directors direct staff to bring this item back on November 30, 2017 to consider appropriating
$50,000 to implement a Mobile Restroom Program for the Costa Mesa homeless population.
Mr. Carroll provided report details. He discussed a portable public restroom program utilized in the cities of Sacramento, San
Francisco, and Miami called the "Pit Stop" that includes 2 portable restrooms on a trailer. Mr. Carroll added that a key aspect of
the program is the hiring of paid attendants to maintain and monitor the restrooms. He noted that the City of Costa Mesa and the
Newport-Mesa Unified School District (NMUSD) have indicated support for the idea; however NMUSD is unable to contribute
funds for the program. Additionally, he noted that Mesa Water District included the topic of portable public restrooms on the
agenda for a recent Executive Committee Meeting, but that they did not report their position on the program. Mr. Carroll
recommended that the Board of Directors direct staff to bring the item to the November 30, 2017 Board Meeting to consider
appropriating $50,000 for the program (about half of the estimated cost of implementation and staffing). Lastly, Mr. Carroll noted
that if the program is successful, the $50,000 would be an ongoing cost, and if the program is not successful, the City and the
District could rent out the portable restrooms for events.
Secretary Schafer asked which agency would be in charge of the program.
Mr. Carroll replied that the program lead is yet to be discussed. He shared that his vision is for the Costa Mesa Network for
Homeless Solutions to oversee the program and for the District to take the lead on procuring the restrooms. He added that the
key issue is the staffing of the restrooms, and that perhaps a non-profit organization can oversee the staffing.
Secretary Schafer suggested that the District utilize the California Special Districts Association's listserv to gain feedback about
the portable restroom program. She indicated concern with bringing the item to a future meeting without verifying the lead
agency and securing program funding.
Vice President Ferryman commented that the appropriation of funds can be contingent upon participation from other agencies.
Discussion followed regarding the possibility of seeking out grants to fund the program, the total cost of the Pit Stop restrooms,
and finding out how involved the City of Costa Mesa intends to be.
Director Perry indicated support for placing an item on the November 30, 2017 Board Meeting agenda to consider appropriating
$50,000 to implement the mobile restroom program, contingent upon the participation of the City of Costa Mesa.
Vice President Ferryman suggested that the District keep the Portland Loo in mind as a possible solution.
Assistant Secretary Ooten indicated support for the program and noted that there is a need for public restrooms in the
community.
The Board of Directors directed staff to place an item on the November 30, 2017 Board Meeting agenda to consider
appropriating $50,000 to implement a mobile restroom program for the Costa Mesa homeless population.
There were no further questions or discussion.
Receive and File: 6. Recycling Holiday Fats, Oils, and Grease (FOG)
Recommendation: That the Board of Directors receive and file the report.
Management Analyst I, Gina Terraneo, provided report details. She noted that the OCC Recycling Center accepts used cooking
oil and grease for recycling.
Director Perry asked if the OCC Recycling Center is still in possession of the banner that the District provided for the cooking oil
recycling service.
Ms. Terraneo noted that she would find out and ask that the banner be displayed.
Secretary Schafer asked if the cooking oil recycling service was included in the District Newsletter.
Ms. Terraneo noted that it was included in the most recent Fall Newsletter.
Assistant Secretary Ooten suggested that staff ask the OCC Recycling Center to make signage available for the cooking oil
recycling. Additionally, he suggested that staff distribute a flyer through NMUSD's PeachJar e-mail distribution service.
There were no further questions or discussion and the report was received.
C. CLOSING ITEMS
Procedural: 1. Oral Communications & Director Comments
Secretary Schafer asked when the Board of Directors will be available for a holiday dinner.
Discussion followed regarding the Board of Directors' availability for a holiday dinner.
There were no further comments or discussion.
Procedural: 2. Adjournment
Vice President Ferryman adjourned the meeting at 10:20 A.M.
_________________________ _________________________
Arlene Schafer Michael Scheafer
Secretary President
File Attachments
minutes_2017_11_14_ss.pdf (44 KB)
B. CONSENT CALENDAR
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS SPECIAL MEETING
NOVEMBER 21, 2017
Members present
Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer
Members Absent
None
Staff Present
Scott Carroll (General Manager), Alan Burns (District Counsel), Wendy Davis (Finance Manager), Gina Terraneo (Management Analyst I)
Others Present
None
Meeting called to order at 9:01 A.M.
A. OPENING ITEMS
Procedural: 1. Call to Order
President Scheafer called the meeting to order at 9:01 A.M.
Procedural: 2. Roll Call
Management Analyst I, Gina Terraneo, conducted roll call and all Board Members were present.
Procedural: 3. Public Comments
President Scheafer opened public comments. Seeing no one from the public present, President Scheafer closed public
comments.
B. ADJOURN TO CLOSED SESSION
Procedural: 1. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4)
of subdivision (d) of Government Code Section §54956.9 (One case)
President Scheafer adjourned the meeting to closed session at 9:02 A.M. to confer with District Counsel, Alan Burns, regarding
the following: ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code
Section §54956.9 (One case).
C. CLOSING ITEMS
Procedural: 1. Reconvene to Open Session
President Scheafer reconvened the meeting to open session at 9:34 A.M. He noted that there was no reportable action taken
during the closed session.
Procedural: 2. Oral Communications & Director Comments
Subject 3. Approve the Board of Directors Special Meeting Minutes of November 21, 2017
Meeting Dec 21, 2017 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Recommended Action That the Board of Directors approve the meeting minutes as presented.
Secretary Schafer provided comments regarding the Board of Directors' Holiday Dinner on December 12, 2017.
Discussion followed regarding the District's Staff Holiday Lunch on December 14, 2017.
President Scheafer asked that staff inform the Board of Directors if they receive time-sensitive mail addressed to Board
Members at District offices.
Procedural: 3. Adjournment
President Scheafer adjourned the meeting at 9:39 A.M.
_________________________ _________________________
Arlene Schafer Michael Scheafer
Secretary President
File Attachments
minutes_2017_11_21_special.pdf (32 KB)
B. CONSENT CALENDAR
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS SPECIAL MEETING
NOVEMBER 30, 2017
Members present
Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer
Members absent
None
Staff present
Scott Carroll (General Manager), Noelani Middenway (District Clerk), Alan Burns (District Counsel), Wendy Davis (Finance Manager),
Marc Davis (District Treasurer), Robin Hamers (District Engineer), Gina Terraneo (Management Analyst I)
Others present
Louis Casiano (Orange County Register), Luke Money (Daily Pilot), Jim Mosher (resident)
Meeting called to order at 6:20 P.M.
A. OPENING ITEMS
Procedural: 1. Call To Order
President Scheafer called the meeting to order at 6:20 P.M.
Procedural: 2. Roll Call
President Scheafer noted that all Board Members were present.
Procedural: 3. Public Comments
President Scheafer opened public comments. Seeing no one wishing to speak, President Scheafer closed public comments.
B. ADJOURN TO CLOSED SESSION
Discussion: 1. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4)
of subdivision (d) of Government Code Section §54956.9 (One case)
President Scheafer adjourned the meeting to closed session at 6:21 P.M. to confer with legal counsel regarding the following
anticipated litigation: Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section §54956.9
(One case).
C. CLOSING ITEMS
Procedural: 1. Reconvene to Open Session
President Scheafer reconvened the meeting to open session at 6:51 P.M. He noted there was nothing to report and no action
taken on the closed session items.
Procedural: 2. Oral Communications & Director Comments
None at this time.
Subject 4. Approve the Board of Directors Special Meeting Minutes of November 30, 2017
Meeting Dec 21, 2017 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Recommended Action That the Board of Directors approve the meeting minutes as presented.
Procedural: 3. Adjournment
President Scheafer adjourned the meeting in memory of Brad Long of the City of Costa Mesa at 6:51 P.M.
_________________________ _________________________
Arlene Schafer Michael Scheafer
Secretary President
File Attachments
minutes_2017_11_30_special.pdf (33 KB)
B. CONSENT CALENDAR
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
NOVEMBER 30, 2017
Members present
Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer
Members absent
None
Staff present
Scott Carroll (General Manager), Noelani Middenway (District Clerk), Alan Burns (District Counsel), Wendy Davis (Finance Manager),
Marc Davis (District Treasurer), Robin Hamers (District Engineer), Gina Terraneo (Management Analyst I)
Others present
Louis Casiano (Orange County Register), Luke Money (Daily Pilot), Jim Mosher (resident)
Meeting called to order at 5:32 P.M.
A. OPENING ITEMS
Procedural: 1. Call to Order
President Scheafer called the meeting to order at 5:32 P.M.
Procedural: 2. Pledge of Allegiance
President Scheafer led the pledge of allegiance.
Procedural: 3. Invocation
President Scheafer led the invocation.
Procedural: 4. Roll Call
District Clerk, Noelani Middenway, conducted roll call. All Board Members were present, except for Vice President Jim
Ferryman. President Scheafer noted that Vice President Ferryman may be in transit to the meeting.
Procedural: 5. Ceremonial Matters and Presentations
None at this time.
Procedural: 6. Announcement of Late Communications
None at this time.
Procedural: 7. Public Comments
President Scheafer opened public comments. Seeing no one wishing to speak, President Scheafer closed public comments.
District Counsel, Alan Burns, recommended that President Scheafer make a statement regarding the Special Meeting.
Subject 5. Approve the Board of Directors Regular Meeting Minutes of November 30, 2017
Meeting Dec 21, 2017 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Recommended Action That the Board of Directors approve the meeting minutes as presented.
President Scheafer announced that the Special Meeting that was initially scheduled for 5:30 P.M. would be continued to take
place at the end of the Regular Meeting.
Director Perry exited the meeting at 5:34 P.M.
B. CONSENT CALENDAR
Action (Consent): 1. Approve Consent Calendar
Recommendation: That the Board of Directors approve the Consent Calendar as presented.
Action (Consent): 2. Approve the Board of Directors Study Session Meeting Minutes of October 10, 2017
Recommendation: That the Board of Directors approve the meeting minutes as presented.
Action (Consent): 3. Approve the Board of Directors Regular Meeting Minutes of October 26, 2017
Recommendation: That the Board of Directors approve the meeting minutes as presented.
Action (Consent): 4. Approve the Directors' Compensation and Reimbursement of Expenses
Recommendation: That the Board of Directors approve the compensation and reimbursement of expenses as presented.
Action (Consent): 5. Approve Payroll Transparency Disclosure for October 2017
Recommendation: That the Board of Directors approve and file the report.
Action (Consent): 6. Receive and file CCTV (Closed Circuit TV) Program Report
Recommendation: That the Board of Directors receive and file the report.
Action (Consent): 7. Adopt Warrant Resolution No. CMSD 2018-5 Approving District Warrant Registers
Recommendation: That the Board of Directors adopt Warrant Resolution No. CMSD 2018-5 approving District warrants for the month of
October 2017 in the amount of $319,247.25.
Action (Consent): 8. Accept the occupancy count as presented as 22,518 and direct staff to prepare a warrant to CR&R
Environmental Services for $220,572.82 for October 2017 collection
Recommendation: That the Board of Directors accept the occupancy count as presented using 22,518 as the correct number of active
units and direct staff to prepare a warrant to CR&R Environmental Services for October 2017 collection based on this occupancy report
so long as the contractor fulfills the obligations of the agreement in the amount of $220,572.82 to be ratified in the November 2017
warrant list.
Action (Consent): 9. Approve the preparation of a warrant to CR Transfer in the amount of $192,981.83 for October 2017 recycling
and disposal services in the November 2017 warrant register
Recommendation: That the Board of Directors approve the preparation of a warrant to CR Transfer in the amount of $192,981.83 for
October 2017 recycling and disposal services to be ratified in the November 2017 warrant register.
Action (Consent): 10. Approve Investment Report for the Month of October 2017
Recommendation: That the Board of Directors approve the Investment Report for the month of October 2017.
Action (Consent): 11. Roger Faubel Public Affairs, Inc. - Consider Approving Third Amendment to Agreement
Recommendation: That the Board of Directors considers approving a third amendment to agreement with Roger Faubel Public Affairs,
Inc.
Motion: That the Board of Directors approve the Consent Calendar as presented.
Motion by Bob Ooten, second by Arlene Schafer.
Final Resolution: Motion Carries 3-0-2
Aye: Arlene Schafer, Bob Ooten, Mike Scheafer
Not Present at Vote: Art Perry, Jim Ferryman
Director Perry re-entered the meeting at 5:35 P.M.
There were no questions or discussion.
C. PUBLIC HEARINGS
None at this time.
D. GENERAL MANAGER'S REPORTS
Action: 1. Consider Appropriating $147,800 for Yard Expansion Improvements
Recommendation: That the Board of Directors approve the transfer and appropriation $147,800 from the President Force Main Project
#317 to the District Yard Expansion Project #325.
General Manager, Scott Carroll, requested that Item E3 be presented prior to discussion and consideration of Item D1.
President Scheafer invited District Engineer, Robin Hamers, to present Item E3.
E. ENGINEER'S REPORTS
Receive and File: 3. District Yard Expansion Update - Oral Report
Recommendation: That the Board of Directors receive and file the report.
District Engineer, Robin Hamers, shared images of the District Yard in its current state. Additionally, he explained the proposed
expansion project, which includes the extension of the perimeter wall, relocation of the fuel tank and parking lot light, and
installation of a rolling gate at the property entrance on Fairview Road.
Director Perry asked how far the perimeter wall would be set back from the street.
Mr. Hamers indicated the location of the wall on the projected image.
Discussion followed regarding the project plans and the proposed landscaping.
Secretary Schafer asked where the District's emergency equipment would be stored.
Mr. Hamers noted that the emergency equipment would be stored inside the existing building at 2252 Fairview Road. He noted
that the District considered adding a fire hydrant to the property, but it was determined that the additional cost of $30,000 was
too high. He added that the engineer's estimate for the project, excluding the fire hydrant, is approximately $100,000.
President Scheafer inquired about the condition of the surface of the property at 2252 Fairview Road.
Mr. Hamers responded that the surface is asphalt. He presented the engineering plans for the project.
Discussion followed regarding the project plans.
Mr. Hamers noted that the plans have been approved by the City of Costa Mesa, that the project is currently out to bid, and that
the bid opening will take place in a few weeks. He added that staff is requesting the funding for the project tonight.
Director Perry asked if Mr. Hamers recommended adding in the fire hydrant at this time.
Mr. Hamers noted that the fire hydrant can be added later. He explained that the project bids will be totaled without the cost of
the fire hydrant and that the project will be awarded on this basis. He added that staff will then decide if there are sufficient funds
to include the fire hydrant.
Discussion followed regarding the purpose and potential use of the fire hydrant.
Assistant Secretary Ooten commented that the fire hydrant should not be included in the project at this time.
There were no further questions or discussion and the report was received.
D. GENERAL MANAGER'S REPORTS
Action: 1. Consider Appropriating $147,800 for Yard Expansion Improvements (continuation)
Recommendation: That the Board of Directors approve the transfer and appropriation $147,800 from the President Force Main Project
#317 to the District Yard Expansion Project #325.
General Manager, Scott Carroll, requested that the Board of Directors consider the recommendation to appropriate funds for
Project #317, which includes all project costs except for the addition of a fire hydrant.
President Scheafer opened public comments. Seeing no one wishing to speak, President Scheafer closed public comments.
Motion: That the Board of Directors approve the transfer and appropriation $147,800 from the President Force Main Project
#317 to the District Yard Expansion Project #325.
Motion by Bob Ooten, second by Arlene Schafer.
Final Resolution: Motion Carries 4-0-1
Aye: Arlene Schafer, Art Perry, Bob Ooten, Mike Scheafer
Not Present at Vote: Jim Ferryman
Director Perry asked when Hitch Crafters will be vacating the property at 2252 Fairview Road.
Mr. Carroll responded that they will vacate on December 31, 2017.
There were no further questions or discussion.
Action: 2. Consider Partnering with the City of Costa Mesa to implement a Six Month Pilot Mobile Restroom Program for the
homeless population and consider approving appropriating $21,500 for the pilot program.
Recommendation: That the Board of Directors approve the following:
1. Partner with the City of Costa Mesa to implement a Six Month Pilot Mobile Restroom Program for the homeless population; and
2. Appropriate $21,500 for the pilot program in the Wastewater Fund Contract Services.
General Manager, Scott Carroll, presented additional research that staff gathered regarding the proposed Mobile Restroom
Program and noted that the cost for the District's share of the pilot program has decreased to $21,500.
Vice President Ferryman entered the meeting at 5:54 P.M.
Mr. Carroll noted that staff corresponded with cities that have implemented similar mobile restroom programs, including the cities
of Miami, San Francisco, Sacramento, and Denver. He shared the feedback provided by these cities and noted that the
restrooms must be compliant with the Americans with Disabilities Act (ADA). Mr. Carroll recommended that the Board of
Directors partner with the City of Costa Mesa to implement a six month pilot program to gather data and gage the community's
response to the mobile restrooms. He added that restroom attendants would be integral to the success of the program and that
the Network for Homeless Solutions may be able to provide a source for staffing.
President Scheafer verified that the Newport-Mesa Unified School District and Mesa Water District have indicated support for the
program, but that they have declined to assist in funding the program. Additionally, President Scheafer asked if the mobile
restrooms would be gender neutral and if the restroom attendants would monitor the length of use.
Mr. Carroll confirmed that the restrooms would be gender neutral and that attendants would monitor the length of use.
Additional discussion followed regarding the use of a generator to power the restrooms, the restroom hours, and the possibility
of grant funding.
Secretary Schafer asked if the Costa Mesa City Council is scheduled to discuss the program.
Mr. Carroll noted that he would reach out to Councilman John Stephens to find out when it will be brought to the City Council.
Secretary Schafer confirmed that implementation of the program is contingent upon the City of Costa Mesa's participation. She
indicated support of the program.
Director Perry asked if the proposed cost includes a single restroom trailer, if the trailer would be moved daily, and whether or
not City staff is aware of the pilot program cost.
Mr. Carroll responded that the proposed cost includes a single restroom trailer. Additionally, he noted that the trailer would be
taken to the City or District Yard daily for service and that he informed City Manager, Tom Hatch, of the cost.
President Scheafer opened public comments. Seeing no one wishing to speak, President Scheafer closed public comments.
Motion: That the Board of Directors approve the following:
1. Partner with the City of Costa Mesa to implement a Six Month Pilot Mobile Restroom Program for the homeless population;
and
2. Appropriate $21,500 for the pilot program in the Wastewater Fund Contract Services.
Motion by Arlene Schafer, second by Bob Ooten.
Final Resolution: Motion Carries 5-0
Aye: Arlene Schafer, Art Perry, Bob Ooten, Jim Ferryman, Mike Scheafer
President Scheafer congratulated Vice President Ferryman for bringing the idea for this program to the Board of Directors for
discussion.
Vice President Ferryman commented that this action is a first step.
There were no further questions or discussion.
E. ENGINEER'S REPORTS
Action, Receive and File: 1. Receive and File Capital Improvement Projects Status Report
Recommendation: The Board of Directors receive and file this report.
Mr. Hamers presented the Capital Improvement Projects Status Report and noted that the President Force Main project is in
progress.
There were no questions or comments and the report was received.
Receive and File: 2. Receive and File District Engineer's Conflict of Interest for 148 E. 22nd Street, Costa Mesa
Recommendation: The Board of Directors receive and file this report.
Mr. Hamers presented a Declaration of Conflict of Interest for a project at 148 E. 22nd Street, Costa Mesa.
There were no questions or comments and the report was received.
F. TREASURER'S REPORTS
None at this time.
G. ATTORNEY'S REPORTS
None at this time.
H. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is required to be given by a Director for any meeting
for which expense reimbursement of any kind is provided. Note: For meetings for which the per diem compensation is sought, the
Operations Code provides that such compensation is authorized for each day’s service rendered as a Director at the request of the Board
(not to exceed six days in one month), and certain meetings are specified as being eligible as set forth in District Operations Code §
3.01.030. For meetings not so listed, the Board must approve the service for it to be eligible for the per day compensation.
1. Orange County Sanitation District (OCSD) - (Vice President Ferryman)
Vice President Ferryman noted that there was nothing of major significance to report.
President Scheafer provided positive comments about the OCSD State of the District.
Director Perry noted that OCSD's mission statement is similar to the District's.
2. Santa Ana River Flood Protection Agency (SARFPA) - (Director Perry)
Director Perry provided updates regarding the Santa Ana River Mainstem and Westminster Watershed Study and the East
Garden Grove Wintersburg Channel.
3. Independent Special Districts of Orange County (ISDOC) - (President Scheafer)
President Scheafer noted that ISDOC is considering reducing their member dues and that there was ongoing discussion about
ISDOC's non-profit status. He added that a representative from the Orange County Local Agency Formation Commission
(OCLAFCO) may speak at the ISDOC meeting on January 25, 2018.
4. California Special Districts Association (CSDA) - (Secretary Schafer)
Secretary Schafer shared that she attended a tour of Orange County agencies, including Orange County Water District's
Groundwater Replenishment System, Orange County Cemetery District, and Orange County Vector Control. Additionally, she
noted that she is now the Professional Development Committee Chair for CSDA.
Director Perry asked that public comments be opened for Jim Mosher, a resident, to speak if he wished to speak.
President Scheafer agreed to take public comments after the conclusion of local meeting updates.
5. Special District Risk Management Authority (SDRMA) - (President Scheafer)
President Scheafer noted that there was nothing to report other than the retirement of Director Muril Clift.
6. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55, Operations Code Section 3.01.030
Assistant Secretary Ooten noted that he attended the Water Advisory Committee of Orange County (WACO) meeting. He added
that Kevin Hardy was named the new Executive Director of the National Water Research Institute.
I. OLD BUSINESS
None at this time.
J. NEW BUSINESS
None at this time.
K. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS
Discussion: 1. Oral Communications and Director Comments
President Scheafer asked if this would be Finance Manager, Wendy Davis', final meeting.
Ms. Davis responded that she would be present at the December Board of Directors meeting.
Assistant Secretary Ooten requested that this meeting be adjourned in the memory of Brad Long, a City of Costa Mesa
employee that recently passed away.
President Scheafer opened public comments. Seeing no one wishing to speak, President Scheafer closed public comments.
L. ADJOURN TO CLOSED SESSION
Discussion: 1. Conference with Legal Counsel - Existing Litigation Government Code §54956.9(d)(1) - 1. The Costa Mesa Sanitary
District v. Mesa Water District; OCSC No. 30-2017-00923819-CU-PT-CJC - 2. The Costa Mesa Sanitary District v. Santa Ana
Regional Water Quality Control Board; Court of Appeal State of Calif. Fourth Appellate District, Division Three, No. G055278
President Scheafer adjourned the meeting to closed session at 6:19 P.M. to confer with legal counsel regarding existing litigation
according to Government Code §54956.9(d)(1) for the following: 1. The Costa Mesa Sanitary District v. Mesa Water District;
OCSC No. 30-2017-00923819-CU-PT-CJC - 2. The Costa Mesa Sanitary District v. Santa Ana Regional Water Quality Control
Board; Court of Appeal State of Calif. Fourth Appellate District, Division Three, No. G055278.
M. RECONVENE TO OPEN SESSION
President Scheafer reconvened the meeting to open session at 6:51 P.M. He noted there was nothing to report and no action
taken on the closed session items.
N. CLOSING ITEMS
Procedural: 1. Adjourn
President Scheafer adjourned the meeting in memory of Brad Long of the City of Costa Mesa at 6:51 P.M.
_________________________ _________________________
Arlene Schafer Michael Scheafer
Secretary President
File Attachments
minutes_2017_11_30_rm.pdf (65 KB)
B. CONSENT CALENDAR
a. Directors' compensation for the month of November 2017
b. Directors' reimbursement of expenses for the month of November 2017
File Attachments
a.board_compensation.pdf (899 KB)
b.board_expense.pdf (511 KB)
Subject 6. Approve the Directors' Compensation and Reimbursement of Expenses
Meeting Dec 21, 2017 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Recommended Action That the Board of Directors approve the compensation and reimbursement of expenses as
presented.
B. CONSENT CALENDAR
Summary
Attached is the Payroll General Ledger Distribution Report summarizing each payroll during the month.
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.”
Financial Review
Sufficient funds are available 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 December 21, 2017 Board of Directors
Regular meeting at District Headquarters and posted on the District’s website www.cmsdca.gov
Alternative Actions
Refer item back to staff with further instructions.
File Attachments
Payroll Transparency Disclosure Nov 2017.pdf (1,047 KB)
Subject 7. Approve Payroll Transparency Disclosure for November 2017
Meeting Dec 21, 2017 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Recommended Action That the Board of Directors approve and file the report.
Goals 7.0 Finance
B. CONSENT CALENDAR
Summary
The following is a summary of the CCTV (Closed Circuit TV) Pilot Program activity for the 2017-2018 fiscal year as of
November 30, 2017:
Adopted CCTV Budget $50,000
FY 16-17 Carryover Budget 0
Total Budget $50,000
FY 17-18 New Applications Received = 88
Applications Processed for Payment = 47 $ 9,900
Applications In Process = 41 10,250
Available Spots Based on Funding = 120 29,850
Total Projected Cost $50,000
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.”
Financial Review
Sufficient funds are available in the adopted budget to pay for the services provided.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the December 21, 2017 Board
of Directors regular 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.
Subject 8. Receive and file the Closed Circuit TV (CCTV) Program Report
Meeting Dec 21, 2017 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Recommended Action That the Board of Directors receive and file the report.
Goals 1.9 Sewer Lateral Assistance Program (SLAP)
B. CONSENT CALENDAR
File Attachments
WARRANT RESO 12-21-17 2018.pdf (374 KB)
Subject 9. Adopt Warrant Resolution No. CMSD 2018-06 Approving District Warrant
Registers
Meeting Dec 21, 2017 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Recommended Action That the Board of Directors adopt Warrant Resolution No. CMSD 2018-06 approving District
warrants for the month of November 2017 in the amount of $1,238,532.74
Goals 7.0 Finance
B. CONSENT CALENDAR
Summary
Staff is requesting the approval of out-of-state travel for Senior Accountant, Kaitlin Tran, and the Finance Manager to attend the
Government Finance Officers Association (GFOA) annual conference in St. Louis, Missouri, on Sunday, May 6, 2018 through
Wednesday, May 9, 2018. There is $3,600 included in the adopted budget staff members in attend this conference.
Analysis
The estimated cost of attendance for each person is as follows:
Registration $ 380
Lodging 700
Airfare 500
Meals/Transportation/Misc. 300
$ 1,880
Legal Review
Not Applicable
Environmental Review
Attendance at a conference 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
There is $3,600 included in the adopted budget staff members in attend this conference. The total estimated cost of conference
attendance is $3,760. There are sufficient funds available in the Finance Staff Development account to cover this expense.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the December 21, 2017 Board of Directors regular
meeting at District Headquarters and on District website at www.cmsdca.gov
Alternative Actions
Do not approve the conference attendance.
File Attachments
GFOACon18Brochure1.pdf (8,372 KB)
Subject 10. Approve Out of State Travel to Government Finance Officers Association (GFOA)
Conference - St. Louis, Missouri
Meeting Dec 21, 2017 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Recommended Action That the Board of Directors approve out of state travel for the Finance Manager and Senior
Accountant to attend the GFOA Conference in St. Louis, Missouri
Goals 7.0 Finance
B. CONSENT CALENDAR
Summary
The occupancy count is the number of residential customers that the District pays CR&R for the trash truck to stop
and pick-up trash. The District pays CR&R $9.7954 per occupant per month. Each month, new residential customers in
brand new developments contact the District to establish new trash service. District staff contacts CR&R to approve the
drop-off of carts at the residence, which results in an increase in the occupancy count as shown on the attached list.
Over the years, some discrepancies have occurred in the number of total occupancies. District staff has been working
with CR&R to reconcile the entire list of service addresses for the past few months. While this process in underway, the
District and CR&R have agreed to freeze the occupancy count at the March 2017 level. District staff will continue to
track the number of new service addresses, but the District will only pay for the total occupancy count of 22,518 until
the total address list is verified. Seventeen (17) accounts have been added since the last billing period.
The payment calculation is based on the following:
District's Current Rate for November of 2017:
22,518 x $9.7954 = $220,572.82
Recommendation
That the Board of Directors accept the occupancy count as presented using 22,518 as the correct number of active units
and direct staff to prepare a warrant to CR&R Environmental Services for November 2017 collection based on this
occupancy report so long as the contractor fulfills the obligations of the agreement in the amount of $220,572.82 to be
ratified in the December 2017 warrant list.
Analysis
Accept the occupancy count as presented using 22,518 as the correct number of active units and direct staff to prepare
a warrant to CR&R Environmental Services for November 2017 collection based on this occupancy report so long as the
contractor fulfills the obligations of the agreement in the amount of $220,572.82 to be ratified in the December 2017
warrant list.
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 11. Accept the occupancy count as presented as 22,518 and direct staff to prepare a
warrant to CR&R Environmental Services for $220,572.82 for November 2017
collection
Meeting Dec 21, 2017 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Preferred Date Dec 21, 2017
Absolute Date Dec 21, 2017
Recommended Action That the Board of Directors accept the occupancy count as presented using 22,518 as the
correct number of active units and direct staff to prepare a warrant to CR&R Environmental
Services for November 2017 collection based on this occupancy report so long as the
contractor fulfills the obligations of the agreement in the amount of $220,572.82 to be
ratified in the December 2017 warrant list.
Goals 2.2 Annual Contract Audits
2.4 Develop Strategies for 75% Waste Diversion
Financial Review
Sufficient funds are available in the adopted budget to pay for the services provided.
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the December 21, 2017 Board of
Directors Regular meeting at District Headquarters and posted on the District’s website.
Alternative Actions
Refer item back to staff with further instructions.
File Attachments
CMSD Occupancy Report November 2017.pdf (102 KB)
B. CONSENT CALENDAR
Summary
The District was recently notified that the our Workers' Compensation carrier, Special District Risk Management Authority (SDRMA), is
requiring the District to pass a new Resolution if they would like to continue covering their Governing Body members and/or volunteers.
The District does not currently employ volunteers and is not required to include them in its designation.
Recommendation:
That the Board of Directors approve Resolution No. 2017-905 Declaring that Governing Body Members be Deemed to be Employees for
the Purpose of Providing Workers' Compensation
Analysis
The District is a member of SDRMA and has participated in their Workers' Compensation Program since 2004. The District was recently
notified that in order to continue Workers' Compensation coverage for the Board of Directors and/or volunteers, a new resolution must be
passed. This new resolution permits the Board of Directors to designate the category of persons who the District deems to be employees
for the purpose of workers' compensation described as "All Members of the Governing Body of the Costa Mesa Sanitary District as
presently or hereafter constituted." The District does not utilize volunteers and is not required to include volunteers in its designation.
Legal Review
No legal review is required to pass a new resolution for Workers' Compensation coverage.
Environmental Review
The consideration of passing a new Resolution concerning the District's Workers' Compensation coverage is an administrative matter and
is not a disturbance of the environment similar to grading or construction and does not constitute a project under CEQA or the District's
CEQA guidelines.
Financial Review
Resolution No. 2017-905 does not impact the District's current rate. Therefore, no additional fees are due.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the December 21, 2017 Board of Directors
meeting at District Headquarters and posted on the District's website.
Alternative Actions
1. Do not approve Resolution No. 2017-905 and direct staff to come back with additional information.
File Attachments
SDRMA Letter - Workers Compensation Governing Body Coverage.pdf (483 KB)
WC-Resolution-Governing-Body-Members-and-Volunteers2017.doc (33 KB)
Subject 12. Consider adopting Resolution No. 2017-905 - Declaring that Governing Body
Members be Deemed to be Employees for the Purpose of Providing Workers'
Compensation
Meeting Dec 21, 2017 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Fiscal Impact No
Recommended Action That the Board of Directors approve Resolution No. 2017-905 Declaring that Governing Body
Members be Deemed to be Employees for the Purpose of Providing Workers' Compensation
Goals 5.0 Administrative Management
B. CONSENT CALENDAR
Summary
Attached is the Investment Report for the month of November 2017. As required by the District’s Statement of Investment Policy, the
Investment Report delineates all investment activity during the month.
Analysis
This report lists the types of securities held in the District’s portfolio, the institutions from which the securities were purchased, maturity
dates and interest rates as of November, 2017. The District’s investments are in compliance with the Statement of Investment Policy
adopted by the Board at the June 22, 2017 regular meeting, as well as the California Government Code. The market values in this report
were provided by our third party custodian, Pershing, LLC, except for the Local Agency Investment Fund (LAIF). The market value of
LAIF was provided by the State Treasurer’s Office. It does not represent the value of the underlying securities within the pool, but rather
the par or cost amount, which is the amount the District is entitled to withdraw. This reporting practice is consistent with industry standard
practices for similar funds.
The weighted average stated rate of return (current yield) for the District’s investment portfolio as of November 30, 2017, was 1.519%.
The yield to maturity of the portfolio was 1.525%. The District’s weighted average interest rate was 35 basis points (0.347%) above the
LAIF average monthly rate for November 2017 of 1.172%. The weighted average number of days to maturity for the District’s total
portfolio was 1,000 days (2.74 years). The average duration of the underlying securities in LAIF as of November 30, 2017 was 180 days.
The District’s investment portfolio is not in compliance with its liquidity limitations, which requires that a minimum of 20.00% of the
portfolio must mature within one year. The percentage of the portfolio maturing in less than one year as of November 30, 2017 was
19.39%. This shortfall was created by a reduction in liquid cash resulting from the District's purchase of property at 2252 Fairview Road.
The District has adequate cash reserves necessary to meet its obligations for the next six months.
A majority of the District’s cash and investments is reserved or set aside for specific purposes. A description of the various classifications
of the District’s cash and investments are as follows:
Classification Description
Solid Waste Fund:
Operating reserve
Equal to 30% of the operations budget of the Solid Waste
Fund per Operations Code Section 4.030.020. The
Operating Reserve can only be accessed with prior Board
approval.
Designated for revenue dry period
Equal to 5 months of budgeted expenditures for the fiscal
year to cover the cash deficit during the period in which
the District does not receive any revenue.
Undesignated Currently used for rate stabilization and payment of
organics recycling costs.
Wastewater Fund:
Operating reserve
Equal to 25% of the operations budget of the Wastewater
Fund per Operations Code Section 4.030.020. The
Operating Reserve can only be accessed with prior Board
approval.
Reserved for capital outlay
Set aside for capital improvement projects approved and
budgeted by the Board, but which have not yet been
completed.
Designated for revenue dry period
Equal to 5 months of budgeted expenditures for the fiscal
year to cover the cash deficit during the period in which
the District does not receive any revenue.
Subject 13. Approve Investment Report for the Month of November 2017
Meeting Dec 21, 2017 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Recommended Action Approve the Investment Report for the month of November 2017.
Goals 7.0 Finance
Undesignated Wasterwater funds available to be appropriated by the
Board.
Facilities Revolving Fund Collection of fixture fees which is a restricted revenue
source and can only be used for new sewer facilities.
Asset Replacement Fund Accumulation of funds for replacement of vehicles,
equipment and computers.
Asset Management Fund
Accumulation of funds in accordance with asset
management model for long-term replacement of sewer
pipes and related infrastructure.
Legal Review
Legal review is not required.
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
The portfolio was budgeted to earn an average rate of 0.900% for the year ending June 30, 2018. Through November 30, 2017, the
portfolio has earned a weighted average interest rate of 1.445%.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the December 21, 2017 Board of Directors regular
meeting at District Headquarters (290 Paularino Avenue) and on the District’s website at www.cmsdca.gov.
Alternative Actions
Refer the matter back to staff.
File Attachments
Investment Report - November 2017.pdf (587 KB)
B. CONSENT CALENDAR
Summary
This payment to CR Transfer is for the sorting of recyclables from the mixed waste and disposal of the remaining waste
at the landfill. With the implementation the Organics Recycling Program adopted by the Board, this payment also
includes the diverting of the organics waste to the Anaerobic Digestion facility to be recycled into fertilizer or renewable
natural gas to fuel the refuse trucks.
Recommendation
That the Board of Directors approve the preparation of a warrant to CR Transfer in the amount of $208,551.85 for
November 2017 recycling and disposal services to be ratified in the December 2017 warrant register.
Analysis
Below is a chart depicting the total tonnage and payments due for residential and organic waste collected in Costa Mesa
and Newport Beach.
Please note there was a discrepancy with billing this month, CR&R's billing system inaccurately calculated invoice totals
and underbilled the District by $51.96, but CMSD will be paying what is reflected on the invoice.
Costa Mesa Newport Beach Total
Residential Waste $144,617.93 $5,741.38 $150,359.31
Organics $55,456.95 $2,735.59 $58,192.54
Total Payment $208,551.85
Tonnage
Residential Waste 2783.36 110.52 2893.88
Organics 775.85 38.26 814.11
Total Tonnage 3707.99
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.”
Financial Review
Sufficient funds are available in the adopted budget to pay for the services provided.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the December 21, 2017 Board
of Directors regular meeting at District Headquarters and posted on the District’s website at www.cmsdca.gov.
Subject 14. Approve the preparation of a warrant to CR Transfer in the amount of
$208,551.85 for November 2017 recycling and disposal services in the December
2017 warrant register
Meeting Dec 21, 2017 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Preferred Date Dec 21, 2017
Absolute Date Dec 21, 2017
Recommended Action That the Board of Directors approve the preparation of a warrant to CR Transfer in the
amount of $208,551.85 for November 2017 recycling and disposal services to be ratified in
the December 2017 warrant register.
Alternative Actions
Refer item back to staff with further instructions.
D. GENERAL MANAGER'S REPORTS
Summary
On October 26, 2017, the District received a contribution application from the Costa Mesa Chamber of Commerce to support the Costa
Mesa Public Safety Recognition Celebration Event in January 2018. The application did not describe how the contribution establishes
CMSD's purpose or how the expenditure will advance CMSD's purpose. The Board directed staff to encourage the Chamber to resubmit
another application for the November 30, 2017 Board meeting; however, staff received the revised application at 3:39 pm on November
28, 2017 which is past the 72 hour state law requirement for posting the November 30th agenda .
Recommendation
That the Board of Directors:
1. Establish the purpose CMSD is trying to serve as a contributor to the Costa Mesa Public Safety Recognition Celebration Event; and
2. Describe how the expenditure will advance CMSD’s purpose.
Analysis
According to the procedures implemented on July 31, 2013, the Board of Directors must do the following in order to determine if a
contribution should be made:
Establish the purpose the District is trying to serve by contributing. This purpose must be established as one of the District’s
statutory powers or a power that would be incidental to those purposes. For example, District purposes include properly treating
sewage, preventing SSOs, and recycling.
Describe how the contribution will advance the District's purpose.
The revised application submitted does not identify how the event will benefit CMSD such as preventing SSOs or increasing solid waste
diversion. The application indicates the benefit will demonstrate CMSD's loyalty to the City of Costa Mesa and to the City's public safety
employees. The application does describe how the contribution will advance CMSD's purpose by displaying signage and hand-outs that
encourage recycling, including organics and cooking grease. The Chamber will also provide recycling bins at the event.
Legal Review
Not applicable.
Environmental Review
The consideration of a monetary contribution to a non-profit organization to be used as a vehicle for promoting a District recycling
program is an administrative matter and is not a disturbance of the environment similar to grading or construction and is not a project
under CEQA or the District’s CEQA Guidelines.
Financial Review
Currently, there is $2,500 available in the FY 2017-18 Public Information/Education/Community Promotions Sponsorships account. A
total of $8,000 is budgeted for sponsorships in FY 2017-2018.
Subject 1. Consider Approving the Costa Mesa Chamber of Commerce Contribution
Application for Costa Mesa Public Safety Recognition Celebration Event
Meeting Dec 21, 2017 - Board of Directors Regular Meeting
Access Public
Type Action
Fiscal Impact Yes
Dollar Amount $1,000.00
Budgeted Yes
Recommended Action That the Board of Directors:
1. Establish the purpose CMSD is trying to serve as a contributor to the Costa Mesa Public
Safety Recognition Celebration Event; and
2. Describe how the expenditure will advance CMSD’s purpose.
Goals 3.00 Partnerships
3.5 Participate in community groups and civic organization activities
3.6 Strengthen our ties with emergency service providers
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the December 21, 2017 Board of Directors
regular meeting at District Headquarters and posted on the District’s website.
Alternative Actions
1. Do not approve a monetary contribution to the Costa Mesa Public Safety Recognition Celebration Event
2. Approve a contribution in a lessor amount of $1,000.
3. Approve a non-monetary contribution such as reusable grocery bags.
4. Refer the matter back to staff.
File Attachments
Chamber Contribution Application.pdf (1,063 KB)
Email to Tom Johnson.pdf (312 KB)
October 26, 2017 Staff Report.pdf (1,733 KB)
D. GENERAL MANAGER'S REPORTS
File Attachments
calendar_2018_meeting_officeclosure.pdf (143 KB)
Subject 2. Consider Approving the Costa Mesa Sanitary District 2018 Meeting and Office
Closure Calendar
Meeting Dec 21, 2017 - Board of Directors Regular Meeting
Access Public
Type Action
Recommended Action That the Board of Directors approve the Costa Mesa Sanitary District 2018 Meeting and Office
Closure Calendar as presented.
E. ENGINEER'S REPORTS
Summary
Attached is a summary of the Capital Improvement Project activities during the month.
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.”
Financial Review
Sufficient funds are available 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 December 21, 2017 Board
of Directors Regular meeting at District Headquarters and posted on the District’s website www.cmsdca.gov
Alternative Actions
Refer item back to staff with further instructions.
File Attachments
CIP Updates Dec 2017.pdf (41 KB)
Subject 1. Receive and File Capital Improvement Projects Status Report
Meeting Dec 21, 2017 - Board of Directors Regular Meeting
Access Public
Type Receive and File
Goals 1.4 System Wide Sewer Replacement and Repair Program
1.1 Manhole Cover Maintenance Program
1.0 Sewer Infrastructure
F. TREASURER'S REPORTS
Summary
Analysis
Legal Review
Environmental Review
Financial Review
Public Notice Process
Alternative Actions
Subject 1. Treasurer's Reports
Meeting Dec 21, 2017 - Board of Directors Regular Meeting
Access Public
Type
G. ATTORNEY'S REPORTS
Summary
Analysis
Legal Review
Environmental Review
Financial Review
Public Notice Process
Alternative Actions
Subject 1. Attorney's Reports
Meeting Dec 21, 2017 - Board of Directors Regular Meeting
Access Public
Type
H. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report
is required to be given by a Director for any meeting for which expense
reimbursement of any kind is provided. Note: For meetings for which the per
diem compensation is sought, the Operations Code provides that such
compensation is authorized for each day’s service rendered as a Director at the
request of the Board (not to exceed six days in one month), and certain meetings
are specified as being eligible as set forth in District Operations Code §
3.01.030. For meetings not so listed, the Board must approve the service for it to
be eligible for the per day compensation.
Subject 1. Orange County Sanitation District (OCSD) - (Vice President Ferryman)
Meeting Dec 21, 2017 - Board of Directors Regular Meeting
Access Public
Type Information
H. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report
is required to be given by a Director for any meeting for which expense
reimbursement of any kind is provided. Note: For meetings for which the per
diem compensation is sought, the Operations Code provides that such
compensation is authorized for each day’s service rendered as a Director at the
request of the Board (not to exceed six days in one month), and certain meetings
are specified as being eligible as set forth in District Operations Code §
3.01.030. For meetings not so listed, the Board must approve the service for it to
be eligible for the per day compensation.
Subject 2. Santa Ana River Flood Protection Agency (SARFPA) - (Director Perry)
Meeting Dec 21, 2017 - Board of Directors Regular Meeting
Access Public
Type Information
H. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report
is required to be given by a Director for any meeting for which expense
reimbursement of any kind is provided. Note: For meetings for which the per
diem compensation is sought, the Operations Code provides that such
compensation is authorized for each day’s service rendered as a Director at the
request of the Board (not to exceed six days in one month), and certain meetings
are specified as being eligible as set forth in District Operations Code §
3.01.030. For meetings not so listed, the Board must approve the service for it to
be eligible for the per day compensation.
Subject 3. Independent Special Districts of Orange County (ISDOC) - (President Scheafer)
Meeting Dec 21, 2017 - Board of Directors Regular Meeting
Access Public
Type Information
H. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report
is required to be given by a Director for any meeting for which expense
reimbursement of any kind is provided. Note: For meetings for which the per
diem compensation is sought, the Operations Code provides that such
compensation is authorized for each day’s service rendered as a Director at the
request of the Board (not to exceed six days in one month), and certain meetings
are specified as being eligible as set forth in District Operations Code §
3.01.030. For meetings not so listed, the Board must approve the service for it to
be eligible for the per day compensation.
Subject 4. California Special Districts Association (CSDA) - (Secretary Schafer)
Meeting Dec 21, 2017 - Board of Directors Regular Meeting
Access Public
Type Information
H. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report
is required to be given by a Director for any meeting for which expense
reimbursement of any kind is provided. Note: For meetings for which the per
diem compensation is sought, the Operations Code provides that such
compensation is authorized for each day’s service rendered as a Director at the
request of the Board (not to exceed six days in one month), and certain meetings
are specified as being eligible as set forth in District Operations Code §
3.01.030. For meetings not so listed, the Board must approve the service for it to
be eligible for the per day compensation.
Subject 5. Special District Risk Management Authority (SDRMA) - (President Scheafer)
Meeting Dec 21, 2017 - Board of Directors Regular Meeting
Access Public
Type Information
H. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report
is required to be given by a Director for any meeting for which expense
reimbursement of any kind is provided. Note: For meetings for which the per
diem compensation is sought, the Operations Code provides that such
compensation is authorized for each day’s service rendered as a Director at the
request of the Board (not to exceed six days in one month), and certain meetings
are specified as being eligible as set forth in District Operations Code §
3.01.030. For meetings not so listed, the Board must approve the service for it to
be eligible for the per day compensation.
Subject 6. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55,
Operations Code Section 3.01.030
Meeting Dec 21, 2017 - Board of Directors Regular Meeting
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Type Information
K. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS
Summary
Analysis
Legal Review
Environmental Review
Financial Review
Public Notice Process
Alternative Actions
Subject 1. Oral Communications and Director Comments
Meeting Dec 21, 2017 - Board of Directors Regular Meeting
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Type
L. ADJOURN TO CLOSED SESSION
Conference with Legal Counsel - Existing Litigation Government Code §54956.9(d)(1)
1. The Costa Mesa Sanitary District v. Mesa Water District; OCSC No. 30-2017-00923819-CU-PT-CJC
Subject 1. Conference with Legal Counsel - Existing Litigation Government Code
§54956.9(d)(1) -- 1. The Costa Mesa Sanitary District v. Mesa Water District; OCSC
No. 30-2017-00923819-CU-PT-CJC
Meeting Dec 21, 2017 - Board of Directors Regular Meeting
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Type
L. ADJOURN TO CLOSED SESSION
Conference with Legal Counsel - Anticipated Litigation
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section §54956.9 (One case)
Subject 2. Conference with Legal Counsel - Anticipated Litigation -- Initiation of litigation
pursuant to paragraph (4) of subdivision (d) of Government Code Section §54956.9
(One case)
Meeting Dec 21, 2017 - Board of Directors Regular Meeting
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Type
M. RECONVENE TO OPEN SESSION
Summary
Analysis
Legal Review
Environmental Review
Financial Review
Public Notice Process
Alternative Actions
Subject 1. Reconvene to Open Session and Report Out of any Reportable Action
Meeting Dec 21, 2017 - Board of Directors Regular Meeting
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Type
N. CLOSING ITEMS
THE NEXT REGULAR MEETING OF COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS WILL BE HELD ON
JANUARY 26, 2017 IN THE DISTRICT'S BOARD ROOM, 290 PAULARINO AVE, COSTA MESA, CA 92626.
Subject 1. Adjourn
Meeting Dec 21, 2017 - Board of Directors Regular Meeting
Access Public
Type Procedural