2022-02-28_boardMonday, February 28, 2022
Board of Directors Regular Meeting
Time: 4:30 p.m.
Location: Costa Mesa Sanitary District - 290 Paularino Ave., Costa Mesa, CA 92626
***
IMPORTANT NOTICE REGARDING THE FEBRUARY 28, 2022 REGULAR BOARD 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 paste the following into your browser - https://us02web.zoom.us/join
2. Enter the Meeting ID number - 817 1601 6634
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 817 1601 6634#
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 - President Ooten
Meeting Feb 28, 2022 - Board of Directors Regular Meeting
Type Procedural
A. OPENING ITEMS
Subject 2. Pledge of Allegiance - President Ooten
Meeting Feb 28, 2022 - Board of Directors Regular Meeting
Type Procedural
A. OPENING ITEMS
Subject 3. Invocation - Vice President Scheafer
Meeting Feb 28, 2022 - Board of Directors Regular Meeting
Type Procedural
A. OPENING ITEMS
Robert Ooten, President
Michael Scheafer, Vice President
Arlene Schafer, Secretary
Arthur Perry, Director
Brett Eckles, Director
Subject 4. Roll Call - (If absences occur, consider whether to deem those
absences excused based on facts presented for the absence – such
determination shall be the permission required by law.)
Meeting Feb 28, 2022 - Board of Directors Regular Meeting
Type Procedural
A. OPENING ITEMS
Subject 5. Announcement of Late Communications - Unless directed otherwise
by the Board of Directors, all actions shall be based on/memorialized
by the latest document submitted as a late communication.
Meeting Feb 28, 2022 - Board of Directors Regular Meeting
Type Procedural
A. OPENING ITEMS
Subject 6. Ceremonial Matters and Presentations
Meeting Feb 28, 2022 - Board of Directors Regular Meeting
Type Procedural
B. Public Comments - This time has been set aside for persons in the audience to
make comments on items within the subject matter jurisdiction of the Costa Mesa
Sanitary District that are not listed on this agenda. Members of the public will
have the opportunity to address the Board of Directors about all other items on
this agenda at the time those items are considered. Under the provisions of the
Brown Act, the Board of Directors is prohibited from taking action on oral
requests but may refer the matter to staff or to a subsequent meeting. The Board
of Directors will respond after public comment has been received. Please state
your name. Each speaker will be limited to four (4) continuous minutes.
Subject 1. Public Comments
Meeting Feb 28, 2022 - Board of Directors Regular Meeting
Type Procedural
C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
Subject 1. Approve Consent Calendar
Meeting Feb 28, 2022 - Board of Directors Regular Meeting
Type Action (Consent)
Recommended
Action
That the Board of Directors approve the Consent Calendar as presented.
All matters listed on the consent calendar are considered to be routine and may be acted upon by one
motion after public comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time
for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will
be limited to four (4) continuous minutes of comment on the consent calendar as a whole.
C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Gina Terraneo, Management Analyst II
Date: February 28, 2022
Subject: Approve the Board of Directors Study Session Minutes of January 11, 2022
Summary
The recorded minutes of the January 11, 2022 Board of Directors Study Session are hereby submitted to the Board of
Directors for review and approval.
Analysis
Attached to the staff report are the minutes for the Board of Directors Study Session on January 11, 2022.
Staff Recommendation
That the Board of Directors approve 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 February 28, 2022 Board of
Directors Regular Meeting at District Headquarters and posted on the District’s website.
Alternative Actions
1. Do not approve the meeting minutes as presented.
Subject 2. Approve the Board of Directors Study Session Minutes of January 11,
2022
Meeting Feb 28, 2022 - Board of Directors Regular Meeting
Type Action (Consent), Minutes
Recommended
Action
That the Board of Directors approve the meeting minutes as presented.
2. Direct staff to report back with more information.
File Attachments
minutes_2022_1_11_ss.pdf (106 KB)
Workflow
All matters listed on the consent calendar are considered to be routine and may be acted upon by one
motion after public comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time
for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will
be limited to four (4) continuous minutes of comment on the consent calendar as a whole.
Workflow Feb 16, 2022 2:41 PM :: Submitted by Gina Terraneo. Routed to Lucy Jacobo for
approval.
Feb 17, 2022 4:21 PM :: Approved by Lucy Jacobo. Routed to Scott Carroll for
approval.
Feb 23, 2022 2:50 PM :: Approved by Scott Carroll. Routed to Noelani
Middenway for approval.
Feb 24, 2022 1:23 PM :: Final approval by Noelani Middenway
C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Gina Terraneo, Management Analyst II
Date: February 28, 2022
Subject: Approve the Board of Directors Regular Meeting Minutes of January 24, 2022
Summary
The recorded minutes of the January 24, 2022 Board of Directors Regular Meeting are hereby submitted to the Board
of Directors for review and approval.
Staff Recommendation
That the Board of Directors approve the meeting minutes as presented.
Analysis
Attached to the staff report are the minutes for the Board of Directors Regular Meeting on January 24, 2022.
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 February 28, 2022 Board of
Directors Regular Meeting at District Headquarters and posted on the District’s website.
Alternative Actions
1. Do not approve the meeting minutes as presented.
Subject 3. Approve the Board of Directors Regular Meeting Minutes of January
24, 2022
Meeting Feb 28, 2022 - Board of Directors Regular Meeting
Type Action (Consent), Minutes
Recommended
Action
That the Board of Directors approve the meeting minutes as presented.
2. Direct staff to report back with more information.
File Attachments
minutes_2022_1_24_rm.pdf (102 KB)
Workflow
All matters listed on the consent calendar are considered to be routine and may be acted upon by one
motion after public comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time
for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will
be limited to four (4) continuous minutes of comment on the consent calendar as a whole.
Workflow Feb 16, 2022 7:19 PM :: Submitted by Gina Terraneo. Routed to Lucy Jacobo for
approval.
Feb 17, 2022 4:15 PM :: Approved by Lucy Jacobo. Routed to Scott Carroll for
approval.
Feb 23, 2022 2:50 PM :: Approved by Scott Carroll. Routed to Noelani
Middenway for approval.
Feb 24, 2022 1:25 PM :: Final approval by Noelani Middenway
C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Autumn Alvarez, Accounting Clerk
Date: February 28, 2022
Subject: Approve Payroll Transparency Disclosure for January 2022
Summary
Attached is the Payroll General Ledger Distribution Report summarizing each payroll during the month.
Recommendation
That the Board of Directors approve and file the report.
Analysis
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 February 28, 2022 Board
of Directors Regular meeting at District Headquarters and posted on the District’s website www.cmsdca.gov.
Subject 4. Approve Payroll Transparency Disclosure for January 2022
Meeting Feb 28, 2022 - Board of Directors Regular Meeting
Type Action (Consent)
Fiscal Impact Yes
Budgeted Yes
Recommended
Action
That the Board of Directors approve and file the report.
Alternative Actions
Refer item back to staff with further instructions.
File Attachments
Payroll Transparency Disclosure Jan 2022.pdf (1,872 KB)
Workflow
All matters listed on the consent calendar are considered to be routine and may be acted upon by one
motion after public comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time
for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will
be limited to four (4) continuous minutes of comment on the consent calendar as a whole.
Workflow Feb 11, 2022 2:28 PM :: Submitted by Autumn Alvarez. Routed to Kaitlin Tran
for approval.
Feb 11, 2022 3:01 PM :: Approved by Kaitlin Tran. Routed to Scott Carroll for
approval.
Feb 23, 2022 2:51 PM :: Approved by Scott Carroll. Routed to Noelani
Middenway for approval.
Feb 24, 2022 1:25 PM :: Final approval by Noelani Middenway
C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Autumn Alvarez, Accounting Clerk
Date: February 28, 2022
Subject: Adopt Warrant Resolution No. CMSD 2022-08 Approving District Warrant Registers
Summary
Attached is the Warrant Resolution, which ratifies the payment of certain claims and demands and specifies the funds
from which they were paid.
Recommendation
That the Board of Directors approve and file the report.
Analysis
Attached is the Warrant Resolution, which ratifies the payment of certain claims and demands and specifies the funds
from which they were paid.
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.
Subject 5. Adopt Warrant Resolution No. CMSD 2022-08 Approving District
Warrant Registers
Meeting Feb 28, 2022 - Board of Directors Regular Meeting
Type Action (Consent)
Budgeted Yes
Recommended
Action
That the Board of Directors adopt Warrant Resolution No. CMSD 2022-08
approving District warrants for the month of January in the amount of
$1,224,763.43.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the February 28, 2022 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
WARRANT RESO 2022-08.pdf (491 KB)
Workflow
All matters listed on the consent calendar are considered to be routine and may be acted upon by one
motion after public comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time
for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will
be limited to four (4) continuous minutes of comment on the consent calendar as a whole.
Workflow Feb 11, 2022 2:29 PM :: Submitted by Autumn Alvarez. Routed to Kaitlin Tran
for approval.
Feb 11, 2022 3:03 PM :: Approved by Kaitlin Tran. Routed to Scott Carroll for
approval.
Feb 23, 2022 2:55 PM :: Approved by Scott Carroll. Routed to Noelani
Middenway for approval.
Feb 24, 2022 1:25 PM :: Final approval by Noelani Middenway
C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Noelani Middenway, District Clerk & PIO
Date: February 28, 2022
Subject: Directors' Compensation and Reimbursement of Expenses
Summary
The Directors' Compensation and Reimbursement of Expenses are hereby submitted to the Board of Directors for
review and approval.
Analysis
Attached to the staff report are the Directors' Compensation and Reimbursement of Expenses.
Staff Recommendation
That the Board of Directors approve the compensation and reimbursement of expenses as presented.
Legal Review
Not applicable.
Environmental Review
Consideration of the compensation and reimbursement of expenses 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 February 28, 2022 Board of
Directors Regular Meeting at District Headquarters and posted on the District’s website.
Alternative Actions
Subject 6. Approve the Directors' Compensation and Reimbursement of
Expenses
Meeting Feb 28, 2022 - Board of Directors Regular Meeting
Type Action (Consent)
Recommended
Action
That the Board of Directors approve the compensation and reimbursement of
expenses as presented.
1. Do not approve the compensation and reimbursement of expenses as presented.
2. Direct staff to report back with more information.
File Attachments
eckles_comp1.pdf (163 KB)
ooten_comp.pdf (130 KB)
perry_comp.pdf (291 KB)
schafer_comp.pdf (208 KB)
scheafer_comp.pdf (260 KB)
All matters listed on the consent calendar are considered to be routine and may be acted upon by one
motion after public comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time
for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will
be limited to four (4) continuous minutes of comment on the consent calendar as a whole.
C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
Subject 7. Approve the preparation of a warrant to CR Transfer in the amount of
$187,559.15 for January 2022 recycling and disposal services in the
February 2022 warrant register
Meeting Feb 28, 2022 - Board of Directors Regular Meeting
Type Action (Consent)
Recommended
Action
That the Board of Directors approves the preparation of a warrant to CR
Transfer in the amount of $187,559.15 for January 2022 recycling and disposal
services to be ratified in the February 2022 warrant register.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Nabila Guzman, Management Analyst I
Date: February 28, 2022
Subject: Approve the preparation of a warrant to CR Transfer in the amount of $187,559.15 for January 2022
recycling and disposal services in the February 2022 warrant register
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 of 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 approves the preparation of a warrant to CR Transfer in the amount of $187,559.15 for
January 2022 recycling and disposal services to be ratified in the February 2022 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.
Due to weight ticket calculation rounding, monthly invoices may be slightly off by a few pennies. Invoices that are
slightly off are marked by an asterisk below.
Type of Waste Invoice Tonnage Rate Amount Billed
Residential Waste - Newport Beach 42763 60.91 $54.98 $3,348.83
Residential Waste - Costa Mesa 42762 2,411.93 $54.98 $132,607.93*
Total Residential Waste 2,472.84 $135,956.76
Organics Recycling Waste 42800 682.12 $75.65 $51,602.39*
Total Organics 682.12 $51,602.39
Workflow
Grand Total 3,154.96 $187,559.15
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 February 28, 2022 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.
All matters listed on the consent calendar are considered to be routine and may be acted upon by one
motion after public comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time
for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will
be limited to four (4) continuous minutes of comment on the consent calendar as a whole.
Workflow Feb 23, 2022 4:52 PM :: Submitted by Nabila Guzman. Routed to Kaitlin Tran
for approval.
Feb 23, 2022 5:14 PM :: Approved by Kaitlin Tran. Routed to Scott Carroll for
approval.
Feb 24, 2022 12:26 PM :: Approved by Scott Carroll. Routed to Noelani
Middenway for approval.
Feb 24, 2022 1:26 PM :: Final approval by Noelani Middenway
C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Nabila Guzman, Management Analyst I
Date: February 28, 2022
Subject: Accept the occupancy count as presented as 23,063 and direct staff to prepare a warrant to CR&R
Environmental Services for $239,013.40 for January 2021 collection.
Summary
Accept the occupancy count as presented using 23,063 as the correct number of active units and direct staff to
prepare a warrant to CR&R Environmental Services for January 2021 collection based on this occupancy report so
long as the contractor fulfills the obligations of the agreement in the amount of $239,013.40 to be ratified in the
February 2021 warrant list.
Recommendation
That the Board of Directors accept the occupancy count as presented using 23,063 as the correct number of active
units and direct staff to prepare a warrant to CR&R Environmental Services for January 2021 collection based on this
occupancy report so long as the contractor fulfills the obligations of the agreement in the amount of $239,013.40 to be
ratified in the February 2021 warrant list.
Analysis
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 $10.3635 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.
As of January 31, 2021, total District occupancy was at 23,063 with five (5) new accounts added and zero (0)
accounts removed since the last billing period. District staff will continue to track the number of new service
addresses.
Subject 8. Accept the occupancy count as presented as 23,063 and direct staff
to prepare a warrant to CR&R Environmental Services for $239,013.40
for January 2021 collection
Meeting Feb 28, 2022 - Board of Directors Regular Meeting
Type Action (Consent)
Recommended
Action
That the Board of Directors accept the occupancy count as presented using
23,063 as the correct number of active units and direct staff to prepare a
warrant to CR&R Environmental Services for January 2021 collection based on
this occupancy report so long as the contractor fulfills the obligations of the
agreement in the amount of $239,013.40 to be ratified in the February 2021
warrant list.
The payment calculation is based on the following:
District's Current Rate for January 2021:
23,063 x $10.3635 =$239,013.40
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 in the complete agenda packet for the February 28, 2022 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
2022-01-G CMSD Occupancy Report.pdf (82 KB)
Workflow
All matters listed on the consent calendar are considered to be routine and may be acted upon by one
motion after public comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time
for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will
be limited to four (4) continuous minutes of comment on the consent calendar as a whole.
Workflow Feb 23, 2022 4:51 PM :: Submitted by Nabila Guzman. Routed to Kaitlin Tran
for approval.
Feb 23, 2022 5:16 PM :: Approved by Kaitlin Tran. Routed to Scott Carroll for
approval.
Feb 24, 2022 12:26 PM :: Approved by Scott Carroll. Routed to Noelani
Middenway for approval.
Feb 24, 2022 1:26 PM :: Final approval by Noelani Middenway
C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Nabila Guzman, Management Analyst I
Date: February 28, 2022
Subject: Receive and File the January 2022 Solid Waste Diversion Report
Summary
Per direction from the Board of Directors the monthly solid waste diversion report has been temporarily suspended
due to inaccurate data as a result from the COVID-19 pandemic.
Recommendation
That the Board of Directors receive and file this report.
Analysis
Per direction from the Board of Directors at the April 14, 2020 Study Session meeting, the monthly solid waste
diversion report has been temporarily suspended. Due to the COVID-19 pandemic, CR&R Environmental
Services temporarily suspended their recycling processing at their Stanton Materials Recovery Facility (MRF) where
the District's mixed waste is processed from March to September 2020. Below is a chart of all solid waste collected
over the last seventeen years.
Subject 9. Receive and File the January 2022 Solid Waste Diversion Report
Meeting Feb 28, 2022 - Board of Directors Regular Meeting
Type Action (Consent)
Recommended
Action
That the Board of Directors receive and file this report.
File Attachments
Tonnage.png (42 KB)
Workflow
Legal Review
Not applicable.
Environmental Review
Consideration of the Solid Waste Report is an administrative matter and not a disturbance of the environment similar
to grading or construction and not a project under CEQA or the District’s CEQA Guidelines.
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 February 28, 2022 Board of
Directors Regular meeting at District Headquarters and posted on the District’s website.
All matters listed on the consent calendar are considered to be routine and may be acted upon by one
motion after public comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time
for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will
be limited to four (4) continuous minutes of comment on the consent calendar as a whole.
Workflow Feb 23, 2022 1:38 PM :: Submitted by Nabila Guzman. Routed to Scott Carroll
for approval.
Feb 23, 2022 3:23 PM :: Approved by Scott Carroll. Routed to Noelani
Middenway for approval.
Feb 24, 2022 1:28 PM :: Final approval by Noelani Middenway
C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Nabila Guzman, Management Analyst I
Date: February 28, 2022
Subject: Receive and File the January 2021 Organics Tonnage Report
Summary
A total of 682.12 tons of organic waste were collected in January 2021.
Recommendation
That the Board of Directors receive and file this report.
Analysis
Below is a graph depicting the total tonnage of organic waste collected during each month of the last five fiscal years.
Additionally, a graph is included breaking down the total tonnage collected and how much material was recycled and
landfilled from the organics program.
Subject 10. Receive and File the January 2022 Organics Tonnage Report
Meeting Feb 28, 2022 - Board of Directors Regular Meeting
Type Action (Consent)
Recommended
Action
That the Board of Directors receive and file this report.
Legal Review
Not applicable.
Environmental Review
Consideration of the Organics Tonnage Report is an administrative matter and not a disturbance of the environment
similar to grading or construction and not a project under CEQA or the District’s CEQA Guidelines.
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 February 28, 2022 Board of
Directors Regular meeting at District Headquarters and posted on the District’s website.
File Attachments
Organics.png (8 KB)
Organics Tonnage.png (16 KB)
Workflow
All matters listed on the consent calendar are considered to be routine and may be acted upon by one
motion after public comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time
for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will
be limited to four (4) continuous minutes of comment on the consent calendar as a whole.
Workflow Feb 23, 2022 2:05 PM :: Submitted by Nabila Guzman. Routed to Scott Carroll
for approval.
Feb 23, 2022 3:23 PM :: Approved by Scott Carroll. Routed to Noelani
Middenway for approval.
Feb 24, 2022 1:29 PM :: Final approval by Noelani Middenway
C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
To: Board of Directors
From: Scott Carroll, General Manager
Date: February 28, 2022
Subject: Receive and File January 2022 Contracts Signed by the General Manager
Summary
At the January 24, 2019 Board of Directors meeting, the Board directed the General Manager to submit a list of
contracts he signed during the previous month. Below are the contracts he signed in the months of January 2022.
Recommendation
That the Board of Directors receive and file this report.
Analysis
Below are the contracts signed by the General Manager in the month of January 2022:
Contracts
1. Sancon Technologies, Inc. - Rehabilitating 15 brick sewer manholes with cured-in-place composite liner system
(Project #324) Cost: $96,478.00
2. Kilbride Construction Ltd. - Project #340 - City of Newport Beach Sewer Interconnect Relocation.
Cost: $36,825.00
3. AMS Anderson Air Conditioning - Replacing one HVAC unit at HQ. Cost: $11,250.00
4. Occupational Safety Training Systems (OSTS) - Provide safety training seminars to staff. Cost: $3,375.00
Purchase Orders
5. Skyline Safety and Supply - Purchase arc flash PPE/uniforms and vests. Cost: $5,829.20
6. United Water Works - 8” fitting and pipe for Project 340. Cost: $1,453.72
7. Liebert Cassidy Whitmore - Orange County employment relations consortium. Provides workshops, sample
forms, model policies and advice regarding personnel.
Cost: $4,545.00
8. Mid-West Hose & Specialty, Inc – Purchase suction hose. Qty: 8. Cost: $2,795.87
9. Schuler Constructors, Inc. – Remove air-release valve and install manual valve with pipe for Project 337. Cost:
$717
Subject 11. Receive and File January 2022 Contracts Signed by the General
Manager
Meeting Feb 28, 2022 - Board of Directors Regular Meeting
Type Action (Consent)
Recommended
Action
That the Board of Directors receive and file this report.
Goals 6.0 Administrative Management
10. American Building Janitorial Inc. – Clean and sanitize using fogger machine and wipe down all surfaces at
Headquarters and Robin Hamers Yard. Cost: $2,520
Legal Review
All contracts are reviewed and approved by District Counsel before contracts are executed.
Environmental Review
Providing the Board of Directors a monthly list of contracts signed by the General Manager is an administrative
matter that will not result in direct or indirect physical changes in the environment and is not considered a "project".
Financial Review
There is adequate funding in the budget for the expenses referenced above.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the February 28, 2022 Board of
Directors meeting at District Headquarters and on District website at www.cmsdca.gov.
Alternative Actions
1. Direct staff to report back with more information.
Workflow
All matters listed on the consent calendar are considered to be routine and may be acted upon by one
motion after public comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time
for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will
be limited to four (4) continuous minutes of comment on the consent calendar as a whole.
Workflow Feb 24, 2022 3:37 PM :: Submitted by Scott Carroll. Routed to Noelani
Middenway for approval.
Feb 24, 2022 6:46 PM :: Final approval by Noelani Middenway
D. PUBLIC HEARINGS
Subject 1. Open Public Hearing - Consider Voting Division Adjustments After
Decennial Census
Meeting Feb 28, 2022 - Board of Directors Regular Meeting
Type Procedural
D. PUBLIC HEARINGS
To: Board of Directors
From: Alan Burns, District Counsel
Date: February 28, 2022
Subject: Consider Voting Division Adjustments After Decennial Census
Summary
This public hearing is part of the process of reviewing our voting map after the Federal Decennial Census. On
February 8, 2022, the Board of Directors received a presentation from CMSD's demographer regarding voting division
adjustments
Recommendation
That the Board of Directors:
1. Conduct a public hearing to consider voting division adjustments after decennial census; and
2. After conducting the public hearing, forward the map proposed by CMSD demographer (with adjustments to the
boundaries to account for population changes) to the next public hearing for adoption.
Analysis
The Federal Voting Rights Act and the California Voting Rights Act authorized challenges to at-large voting if they
caused “vote dilution” of protected classes. In response to a challenge received in 2018, the District adopted a by-
division voting system so that protected classes would be better able to elect their preferred candidates or otherwise
“Influence” elections by eliminating vote dilution. The District held five public hearings and utilized the Citizens
Advisory Committee to assist it in creating the maps. The Board considered seven different maps. The divisions are
required to be roughly equal in population, with no more than a 10% variance in population between divisions. After
considerable public outreach, the Board adopted the map that created the existing voting divisions.
Any entity adopting such a map must review the map after each Federal Decennial Census and make adjustments
based on population changes. The Census was delayed this year due to COVID, and the Legislature has established
a compliance date for map adjustment of April 17, 2022. The 2020 Federal Census shows just enough change in the
District’s population to warrant an adjustment to two divisions. CMSD's demographer, Deborah Diep of the Center for
Demographic Research (CDR), was able to adjust two divisions to make the divisions roughly equal again (and within
the 10% variance allowance). The attached map is the map recommended by staff.
Legal Review
This report was prepared by District Counsel with assistance from demographer, Deborah Diep of the CDR
Subject 2. Receive Presentation to Consider Voting Division Adjustments After
Decennial Census
Meeting Feb 28, 2022 - Board of Directors Regular Meeting
Type Action
Recommended
Action
That the Board of Directors:
1. Conduct a public hearing to consider voting division adjustments after
decennial census; and
2. After conducting the public hearing, forward the map proposed by CMSD
demographer (with adjustments to the boundaries to account for population
changes) to the next public hearing for adoption.
Goals 6.0 Administrative Management
Environmental Review
Consideration for adjusting voting divisions is an administrative matter and not a disturbance of the environment
similar to grading or construction and not a project under CEQA or the District’s CEQA Guidelines.
Financial Review
Work performed by CMSD's demographer to review and adjust voting division maps is estimated at $10,000. There is
adequate funding in the budget for this expense.
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the February 28, 2022 Board of
Directors regular meeting at District Headquarters and posted on the District’s website.
Alternative Actions
If the Board desires, additional Plans can be prepared and hearings held.
File Attachments
Voting Divisions Map Plan 1.pdf (1,053 KB)
CMSD2022_Plan_1_packet.pdf (1,434 KB)
CMSD_ExistingConditions_20220201.pdf (8,280 KB)
CMSD_Redistricting_2022.02.28.pptx (6,638 KB)
Workflow
Workflow Feb 24, 2022 7:02 PM :: Submitted by Scott Carroll. Routed to Kaitlin Tran for
approval.
Feb 24, 2022 7:13 PM :: Approved by Kaitlin Tran. Routed to Scott Carroll for
approval.
Feb 24, 2022 7:17 PM :: Approved by Scott Carroll. Routed to Noelani
Middenway for approval.
Feb 25, 2022 3:00 PM :: Final approval by Noelani Middenway
D. PUBLIC HEARINGS
Subject 3. Receive Comments
Meeting Feb 28, 2022 - Board of Directors Regular Meeting
Type
D. PUBLIC HEARINGS
Subject 4. Close the Public Hearing
Meeting Feb 28, 2022 - Board of Directors Regular Meeting
Type Procedural
D. PUBLIC HEARINGS
Subject 5. Open Public Hearing - Consideration of Annual Wastewater Collection
Charges
Meeting Feb 28, 2022 - Board of Directors Regular Meeting
Type Procedural
D. PUBLIC HEARINGS
To: Board of Directors
From: Scott Carroll, General Manager
Date: February 28, 2022
Subject: Presentation of Report Justifying Increases -- Public Hearing and Consideration of Annual
Wastewater Collection Charges to be Collected with the General Taxes
Summary
On December 20, 2021, the Board of Directors performed the following action:
1. Received and file the 2022 Sewer Rate Study Preliminary Draft Report prepared by Robert D. Niehaus, Inc.; and
2. Directed staff to prepare and mail Proposition 218 Notice to all CMSD property owners receiving wastewater
collection services at least 45 days prior to a scheduled public hearing; and
3. Schedule a public hearing on February 28, 2022 to consider adopting New Wastewater Rates to go into effect on
July 1, 2022
Tonight, the Board will open a public hearing to hear and consider all public comments regarding the charges, but only
written protests submitted prior to the close of the public hearing will be considered when determining whether a
majority protest against the higher charges exists. It is District policy that four affirmative votes from Board of
Directors are required to impose new charges.
Recommendation
That the Board of Directors:
1. Determine whether a majority protest occurred for increasing the solid waste charge.
2. If there is not a majority protest, adopt Resolution No. 2022-954 confirming the charges and for the Imposition of
the Charges on the Tax Roll
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 five years, expenditures have steadily increased while
revenues remained constant. In fact, wastewater reserve funds were used to balance the FY 2021-22 & 2022-23
Subject 6. Receive Presentation of Report Justifying Increases -- Public Hearing
and Consideration of Annual Wastewater Collection Charges to be
Collected with the General Taxes
Meeting Feb 28, 2022 - Board of Directors Regular Meeting
Type Action
Fiscal Impact Yes
Recommended
Action
That the Board of Directors:
1. Determine whether a majority protest occurred for increasing wastewater
charges; and
2. If there is not a majority protest, adopt Resolution No. 2022-954 confirming
the charges and for the imposition of the charges on the tax roll.
Goals 1.0 Sewer Infrastructure
Budget because expenditures are exceeding revenues. Current revenues are not sustainable to District operations,
so adjustments are required.
Wastewater rates pay for District operations, which include personnel (salaries & benefits), maintenance (pipe
cleaning, pump stations, fleet, buildings), and capital improvements (pipe replacement/rehabilitation, pump station
improvements/rehabilitation). The District hired Robert D. Niehaus, Inc. (RDN) to perform a rate study to determine
fair and equitable charges that will cover all costs associated to the District's Wastewater Collection Program.
Attached is a copy of the final report.
Wastewater rates are applied to the following property classes:
Single Family Residential
Multi-Family Residential (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
Accessory Dwelling Units (ADUs)
On December 14 staff and RDN presented the Board with five rate options to consider. The Board preferred option
below and directed staff to report back on December 20, 2021 to receive and file the 2022 Sewer Rate Study
Preliminary Draft Report and approve setting a pubic hearing date to be on February 28, 2022 to consider adopting
the new rates. Single-family residential, multi-family residential, trailer and ADU classes are charged per dwelling
unit. Commercial (average and high strength) and industrial are charged based on the total square footage of the
building space on each parcel. One billing unit is equivalent to 1,000 square feet.
Wastewater FY 2022-2023 FY 2023-2024 FY 2024-25 FY 2025-26 FY 2026-27
Revenue Adjustments 17.00%17.00%0.00%0.00%0.00%
Annual Rates - Table 1
Customer Class Current
Rates
FY 2022-
2023 FY 2023-2024 FY 2024-25 FY 2025-26 FY 2026-27
Single-Family Residential 92.38 101.22 118.43 118.43 118.43 118.43
Multi-Family Residential 54.21 76.83 89.89 89.89 89.89 89.89
Commercial - Ave Strength 41.09 44.13 51.63 51.63 51.63 51.63
Commercial - High
Strength 44.81 49.14 57.49 57.49 57.49 57.49
Industrial 105.48 113.64 132.96 132.96 132.96 132.96
Trailer 54.21 71.35 83.48 83.48 83.48 83.48
ADU 0.00 37.21 43.54 43.54 43.54 43.54
Prior to tonight's public hearing, the public had many opportunities to review and comment on the proposed rate
adjustments. Proposed wastewater rate adjustments were discussed by the Board of Directors in an open public
meeting on November 9 and 16, 2021 and December 14 and 20, 2021. In addition, proposed wastewater rate
adjustments were discussed by the Citizens Advisory Committee on November 10, 2021 and by the Costa Mesa
Mesa Chamber of Commerce Government Affairs Committee on December 1, 2021. On January 26, 2022 at 5:30
pm, the District hosted a wastewater rate study virtual workshop for the public. The District created a specific page on
its website dedicated to the wastewater rate study. On the webpage include staff reports, slide presentation, video
recording of Board meetings, the proposed rates and the written study prepared by RDN. The webpage will also have
a link to submit questions.
Proposition 218
Proposition 218 was passed by the voters in 1996 and imposes substantive and procedural requirements on the
District with respect to increasing any charges.
Regarding the substantive provisions of Proposition 218, the law provides that each “property related charge” must
meet the following tests:
1. Revenues derived from the fee or charge must not exceed the funds required to provide the property related
service.
2. Revenue from the fee or charge must not be used for any purpose other than that for which the fee or chare is
imposed.
3. The amount of a fee or charge imposed upon any parcel or person as an incident of property ownership must
not exceed the proportional cost of the service attributable to the parcel.
4. The fee or charge may not be imposed for service unless the service is actually used by, or immediately
available to, the owner of the property in question. Fees or charges based on potential or future use of a
service are not permitted. Standby charges must be classified as assessments and must not be imposed
without compliance with the proportionally requirement for assessments.
5. No fee or charge may be imposed for general governmental services such as police, fire, ambulance, or
libraries, where the service is available to the public in substantially the same manner as it is to property
owners.
This report has been made available to the public for their review. Once that report has been presented, the
Board should ask any questions of staff and then ask the District Clerk to provide the status report on whether any
protests have been received. The District Clerk has provided notice by mail to all parcels subject to the charges. The
law provides that if written protests are presented by a majority of the owners of the parcels, the charges may not be
imposed. Since only written protests can be considered, staff has developed forms for the use of the protesting
owners so that any person wishing to protest tonight can have their vote counted. There are 26,302 parcels that are
subject to the charges being considered tonight. If there is not a sufficient protest, the Board may consider whether or
not to impose the charge by adoption Resolution No. 2022-954, which is attached hereto.
The proposed wastewater collection charges for 2022-23 is described in Table 1 above. The charge meets the
substantive requirements of Proposition 218 as follows:
1. Revenues derived from the fee or charge do not exceed the funds required to provide the solid waste collection
service. The charges are calculated by adding together the cost of components necessary to provide the
service and then apportioning this to those receiving solid waste collection services. No components other
than those directly related to providing the service are used to establish the charge. The components
include personnel (salaries & benefits), maintenance (pipe cleaning, pump stations, fleet, building), and
capital improvements (pipe replacement/rehabilitation, pump station improvements/rehabilitation).
2. Revenue from the fee or charge is not used for any purpose other than for which the fee or charge is
imposed. The revenue is to be used only for the components of providing wastewater collection
services as outlined in Paragraph 1 above and as identified in the District’s yearly budget.
3. The amount of a fee or charge imposed upon any parcel or person as an incident of property ownership does
not exceed the proportional cost of the service attributable to the parcel. Costs allocated to customer
classes are based on volume of discharge, the relative strength of discharge (wastewater strength is
typically measured in biochemical oxygen demand (BOD) and totals suspended solids (TSS), and the
number of connections. Then, annual rates were determined by dividing the cost allocation of each
customer class by the number of billing units within that class. For example, the total annual cost
allocation for Single-Family Residential customers is $2,143,949, divided by the number of units,
21,181, resulting in an annual charge of $101.22.
4. The fee or charge may not be imposed for service unless the service is actually used by, or immediately
available to, the owner of the property in question. Fees or charges based on potential or future use of a
service are not permitted. Standby charges must be classified as assessments and must not be imposed
without compliance with the proportionally requirement for assessments. The charge is not imposed for
service unless the service is actually used by, or immediately available to, the owner of the property in
question. Properties not receiving wastewater collection service are not charged.
5. No fee or charge may be imposed for general governmental services such as police, fire, ambulance, or
libraries, where the service is available to the public in substantially the same manner as it is to property
owners. No fee or charge is imposed for general governmental services such as police, fire,
ambulance, or libraries, but is only imposed for wastewater collection services. The District provides
only solid waste collection and wastewater collection service and all charges collected for wastewater
collection are used only for that purpose.
Legal Review
District Counsel has reviewed and approved this staff report and Resolution No. 2022-954.
Environmental Review
Consideration of wastewater rate adjustments is an administrative matter and not a disturbance of the environment
similar to grading or construction and not a project under CEQA or the District’s CEQA Guidelines.
Financial Review
If a majority protest does not occur at the public hearing, the proposed charges identified in Table 1 above will
generate $6,670,352 in revenue in FY 2022-23.
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the February 28, 2022 Board of
Directors regular meeting at District Headquarters and posted on the District’s website.
Alternative Actions
1. If a majority protest occurs at the public hearing, direct staff to bring back recommended expenditure reductions for
the Wastewater Collection Program.
File Attachments
2022 Final Report.pdf (1,967 KB)
reso.2022-954_imposing_charges_wastewater.pdf (67 KB)
Workflow
Workflow Feb 23, 2022 12:25 PM :: Submitted by Scott Carroll. Routed to Lucy Jacobo for
approval.
Feb 24, 2022 12:24 PM :: Forced Approval by Scott Carroll as the document
publisher.
D. PUBLIC HEARINGS
Subject 7. Receive Comments
Meeting Feb 28, 2022 - Board of Directors Regular Meeting
Type
D. PUBLIC HEARINGS
Subject 8. Close the Public Hearing
Meeting Feb 28, 2022 - Board of Directors Regular Meeting
Type Procedural
E. GENERAL MANAGER'S REPORTS
To: Board of Directors
Via: Scott Carroll, General Manager
From: Kaitlin Tran, Finance Manager
Date: February 28, 2022
Subject: Consider Approving out-of-state travel for the Finance Manager to attend the 2022 Springbrook
National User Group (SNUG) Conference in Portland, Oregon on April 4-6, 2022.
Summary
Staff is requesting the approval of out-of-state travel for the Finance Manager, Kaitlin Tran, to attend the 2022
Springbrook National User Group (SNUG) Conference in Portland, Oregon on April 4, 2022 through April 6, 2022.
There is $2,200 included in the adopted budget for staff to attend this conference.
Recommendation:
Consider Approving out-of-state travel for the Finance Manager to attend the 2022 Springbrook National User Group
(SNUG) Conference in Portland, Oregon on April 4-6, 2022.
Analysis
Springbook is a cloud financial platform for local governments and it's the preferred platform used by District staff.
Every year, Springbook will host a conference to provide training of their product to help ensure users are fully versed
in the complete utilization of Springbook tools. The 2022 conference is held in Portland, Oregon. According to CMSD
Operations Code Section 3.02.070, no staff person or person other than a Board member shall travel out of state for
conferences, meetings, seminars or related matters without prior Board approval. The estimated cost of attendance is
as follows:
Registration $650
Lodging 400
Airfare 500
Meals/Transportation/Misc.250
Subject 1. Consider Approving out-of-state travel for the Finance Manager to
attend the 2022 Springbrook National User Group (SNUG) Conference in
Portland, Oregon on April 4-6, 2022.
Meeting Feb 28, 2022 - Board of Directors Regular Meeting
Type Action
Fiscal Impact Yes
Budgeted Yes
Recommended
Action
Consider Approving out-of-state travel for the Finance Manager to attend the
2022 Springbrook National User Group (SNUG) Conference in Portland, Oregon
on April 4-6, 2022.
Goals 7.4 Human Resources Management - Provide opportunities to improve
individual skills, knowledge, and leadership through professional
development
8.0 Finance
Total $1,800
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 are sufficient funds budgeted in the Finance Staff Development account of $2,200 for the Finance Manager to
attend the conference.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the February 28, 2022 Board of
Directors regular meeting at District Headquarters and on District website at www.cmsdca.gov
Alternative Actions
Do not approve out of state travel for the Finance Manager
Workflow
Workflow Jan 31, 2022 3:28 PM :: Submitted by Kaitlin Tran. Routed to Scott Carroll for
approval.
Feb 23, 2022 3:22 PM :: Approved by Scott Carroll. Routed to Noelani
Middenway for approval.
Feb 24, 2022 1:25 PM :: Final approval by Noelani Middenway
F. ENGINEER'S REPORTS
To: Board of Directors
From: Mark Esquer, District Engineer
Date: February 28, 2022
Subject: Receive and File the District Engineer's Report and Capital Improvement Projects Status
Summary
The District Engineer has provided a memorandum with a brief summary of major capital or other engineering
activities for the period of mid-January to mid-February. The District Engineer's memorandum is attached. Also
attached is a detailed summary of the Capital Improvement Project activities and associated project cost expenses for
the previous calendar month.
Recommendation
The Board of Directors receive and file the Capital Improvement Status Report.
Analysis
Attached is information regarding project or technical sewer activities for the Board of Directors' use and information.
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
The cost of preparing this report is contained within the operating budget. There are 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 February 28,
2022, Board of Directors Regular meeting at District Headquarters and posted on the District’s website
www.cmsdca.gov.
Subject 1. Receive and File the Monthly District Engineer's Report and Capital
Improvement Projects Status
Meeting Feb 28, 2022 - Board of Directors Regular Meeting
Type Action
Preferred Date Feb 28, 2022
Fiscal Impact No
Budget Source N/A
Recommended
Action
The Board of Directors receive and file the District Engineer's Report and Capital
Improvement Projects Status.
Alternative Actions
Refer item back to staff with further instructions.
File Attachments
2022 02 Monthly Engineers Report CMSD Memorandum.docx (73 KB)
2022 02 Monthly Engineers Report CMSD Memorandum.pdf (241 KB)
CIP Updates for February Board Meeting.pdf (1,097 KB)
Workflow
Workflow Feb 24, 2022 2:06 PM :: Submitted by Mark Esquer. Routed to Mark Esquer for
approval.
Feb 24, 2022 2:06 PM :: Approved by Mark Esquer. Routed to Kaitlin Tran for
approval.
Feb 24, 2022 3:16 PM :: Approved by Kaitlin Tran. Routed to Scott Carroll for
approval.
Feb 24, 2022 3:37 PM :: Approved by Scott Carroll. Routed to Noelani
Middenway for approval.
Feb 24, 2022 6:46 PM :: Final approval by Noelani Middenway
F. ENGINEER'S REPORTS
To: Board of Directors
From: Mark Esquer, District Engineer
Date: February 28, 2022
Subject: Approve New Project #341 Elden Force Main Redundancy
Summary
The District proposes to study alternatives for installing a redundant Elden Pump Station forcemain. The purpose for
the study is to understand various options and associated costs for installing a redundant forcemain. This study
should be completed so that a complete and thorough review is conducted prior to moving forward with a project. This
project is being considered because the District would like to reduce risk associated with having a single forcemain
(single point of failure) that crosses a State freeway for a major pump station.
Items under consideration include:
1. Lack of redundancy to perform routine maintenance, periodic condition assessments, or rehabilitations.
2. Capacity to handle outages caused by line-breaks, corrosion damage, or outside construction impacts.
3. Damage caused by earthquakes
4. Ensuring readiness of the forcemain(s) ability to convey sewage and protect public health and the water
environment
The final report will recommend and summarize options and project estimates for installing a redundant pipeline.
District staff will use this information to make recommendations to the Board of Directors concerning this project.
Recommendation
That the Board of Directors:
1. Consider approving new Project #341 Elden Force Main Redundancy; and
2. Consider approving appropriations of $70,000 from the Project #326, 19th Street Forcemain Replacement Project,
to the new Project #341 Elden Forcemain Redundancy Project.
Subject 2. Approve New Project #341 Elden Force Main Redundancy
Meeting Feb 28, 2022 - Board of Directors Regular Meeting
Type Action
Preferred Date Feb 28, 2022
Absolute Date Mar 28, 2022
Fiscal Impact No
Dollar Amount $70,000.00
Budgeted No
Budget Source Fund Transfer of Excess 326 19th Street Force Main Replacement Project
Recommended
Action
That the Board of Directors:
1. Consider approving new Project #341 Elden Force Main Redundancy; and
2. Consider approving appropriations of $70,000 from the Project #326, 19th
Street Forcemain Replacement Project, to the new Project #341 Elden
Forcemain Redundancy Project.
Analysis
Providing a redundant pipeline will reduce the potential for sanitary sewer overflows associated with the Elden pump
station, increase the protection of public health, and increase reliability. A major concern is the viability to use trucks
for bypassing sewage flow over or around the SR-55 freeway and Caltrans bridges and/or other structural failures
resulting from a major earthquake. Other items like corrosion or damage by other construction work could also cause
outages of the Elden forcemain.
Based on an analysis by RBH for developing the Elden Pump Station Emergency Response Bypass Plan, a minimum
of 23 pumper trucks will be required to convey sewage. While appearing logistically feasible, the required quantity of
pumper trucks may not be available in a timely manner during an emergency.
District staff is considering the need for a redundant forcemain and proposes to commission a planning study to
evaluate alternatives and costs of this endeavor. This planning study will review three routing alternatives along with
the viability, benefits, and concerns with each alternative. The report will be presented to the Board of Directors for
consideration and recommendations by staff. Even if a project does not move forward, the study will provide valuable
information for developing a future replacement project.
Legal Review
Legal Review is not required at this time as this is in study phase.
Environmental Review
Installing redundancy of an pipeline with the same capacity as the existing facility is categorically exempt under the
California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.) under Section 15302
as a “Class 2” project as stated under 15302(c) “Replacement or reconstruction of existing utility systems and/or
facilities involving negligible or no expansion of capacity“.
Financial Review
The Project study cost will fall between $50,000 and $85,000. A $70,000 initial budget should be sufficient to conduct
a study. Funds from completed capital projects are available for use to procure the proposed planning study of
alternatives.
A future redundant forcemain project has been programmed as part of the master plan in about 2 to 3 years. District
staff propose to accelerate this work in order to possibly seek Federal Stimulus Infrastructure funding. In order to
request funding, the project must be developed sufficiently to understand project costs and sufficiently developed to
complete construction by 2026. This study will provide information for making decisions and potentially moving a
project forward.
The project 326- 19th Street Forcemain Replacement is completed and has an available balance of $102,084. Staff
is recommending the Board of Directors approve appropriations of $70,000 from the 326, 19th Street Forcemain
Replacement Project, to the new 341 Elden Forcemain Redundancy Project.
Project Account No.Available
Balance Increase/(Decrease)Ending
Balance
326 - 19th Street Forcemain 20-201326-
4300 $102,084 ($70,000)$32,084
341- Elden Forcemain
Redundancy
20-201341-
4300 $0 $70,000 $70,000
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the February 28, 2022 Board
of Directors meeting at District Headquarters (290 Paularino Avenue) and posted on the District’s website at
www.cmsdca.gov.
Alternative Actions
Refer the matter back to Direct District staff for consideration of project alternatives and return to a future Board
meeting.
File Attachments
2022 02 341 Elden FM New Project Presentation.pdf (69,747 KB)
2022 02 341 Elden FM New Project Presentation.pdf (69,747 KB)
Workflow
Workflow Feb 24, 2022 2:33 PM :: Submitted by Mark Esquer. Routed to Mark Esquer for
approval.
Feb 24, 2022 2:33 PM :: Approved by Mark Esquer. Routed to Kaitlin Tran for
approval.
Feb 24, 2022 3:35 PM :: Approved by Kaitlin Tran. Routed to Scott Carroll for
approval.
Feb 24, 2022 3:48 PM :: Approved by Scott Carroll. Routed to Noelani
Middenway for approval.
Feb 24, 2022 6:41 PM :: Final approval by Noelani Middenway
H. ATTORNEY'S REPORTS
To: Board of Directors
From: Alan Burns, District Counsel
Date: January 24, 2022
Subject: Consider Adopting Resolution No. 2022-955 Authorizing Remote Meetings
Summary
The Governor has now signed AB 361 which continues the authority to have remote meetings, provided certain
findings are made. The Board will need to determine if it desires to continue with remote meetings, or at least have
the option of remote meetings, and if so, adopt a resolution making findings.
Recommendation
That the Board of Directors Adopt Resolution No. 2022-955 Authorizing Remote Meetings.
Analysis
The Brown Act authorized teleconferenced meetings provided all locations involved in the call were accessible to the
public and a public agenda was posted outside the location. With the COVID 19 pandemic, the Governor issued an
Executive Order (N-25-20) on March 4, 2020, which authorized remote meetings provided the meetings are
accessible to the public, that agendas are prepared in advance, and the public has a right to comment on meeting
items.
N-25-20 was set to expire on September 30, 2021. The Legislature just passed AB 361 which revises the Brown Act
to allow remote meetings to continue, subject to the making of certain findings. The passage of this law created
confusion since it was effective immediately, but public agencies were relying on the older Executive Order to be able
to conduct their meetings through September 30, 2021. The Governor just issued Executive Order (N-15-21) which
will authorize public agencies to rely on the prior Executive Order until Sep 30, 2021, at which time it expires.
AB 361 is now in effect as an urgency statute. It authorizes a public agency to use remote conferencing provided a
State of Emergency exists and the local agency has imposed or recommended social distancing. Findings must be
made, as discussed below. We are required to notice the meeting and post agendas, allow the public to address the
body in a meaningful manner, and by call-in or internet-based service option. In the event of a disruption of the
teleconferencing, the meeting must stop. Public comments are not allowed to be required in advance of the meeting.
If a state of emergency exists and social distancing is recommended, the Board must adopt a resolution at its first
meeting, and every 30 days thereafter, making at least one of the following findings: that the state of emergency
continues to exist, that the state of emergency continues to directly impact the ability of persons to meet safely in
person, or that state or local officials continue to impose or recommend social distancing.
Legal Review
District Counsel has prepared this staff report and Resolution No. 2022-955.
Subject 1. Consider Adopting Resolution No. 2022-955 Authorizing Remote
Meetings
Meeting Feb 28, 2022 - Board of Directors Regular Meeting
Type Action
Recommended
Action
That the Board of Directors adopt Resolution No. 2022-955 Authorizing Remote
Meetings
Goals 6.0 Administrative Management
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
There are no financial impacts to the District for adopting Resolution No. 2022-955.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the February 28, 2022
regular meeting at District Headquarters and on District website at www.cmsdca.gov.
Alternative Actions
1. Do not adopt Resolution No. 2022-955 and conduct meetings under standard Brown Act provisions (i.e., meeting
in-person or teleconferencing and adhering to the requirements of subdivision (b) of California Government
Code section 54953, because all Executive Orders related to the Brown Act are expired after that date),
2. Do not adopt Resolution No. 2022-955 and direct staff to report back with more information.
File Attachments
resolution_2022-955_remote meeting extension.pdf (116 KB)
I. 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) - (President Ooten)
Meeting Feb 28, 2022 - Board of Directors Regular Meeting
Type
I. 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 Feb 28, 2022 - Board of Directors Regular Meeting
Type
I. 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) - (Secretary
Schafer)
Meeting Feb 28, 2022 - Board of Directors Regular Meeting
Type
I. 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 Feb 28, 2022 - Board of Directors Regular Meeting
Type
I. 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) - (Vice
President Scheafer)
Meeting Feb 28, 2022 - Board of Directors Regular Meeting
Type
I. 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 Feb 28, 2022 - Board of Directors Regular Meeting
Type
L. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS
Subject 1. Oral Communications and Director Comments
Meeting Feb 28, 2022 - Board of Directors Regular Meeting
Type Discussion
M. ADJOURN TO CLOSED SESSION
Subject 1. Performance evaluation (Gov. Code §54957) Title: General Manager
Meeting Feb 28, 2022 - Board of Directors Regular Meeting
Type
M. ADJOURN TO CLOSED SESSION
Subject 2. Conference with labor negotiator (Gov. Code §54957.6) Agency
Designated Representative: President Ooten Unrepresented party:
General Manager
Meeting Feb 28, 2022 - Board of Directors Regular Meeting
Type
N. RECONVENE TO OPEN SESSION
Subject 1. Announce any reportable action taken
Meeting Feb 28, 2022 - Board of Directors Regular Meeting
Type
O. CLOSING ITEMS
The next regular meeting of the Costa Mesa Sanitary District Board of Directors will be held at 4:30 p.m. on Monday,
March 28, 2022 in the District's Boardroom, located at 290 Paularino Avenue, Costa Mesa, CA 92626.
Subject 1. Adjourn
Meeting Feb 28, 2022 - Board of Directors Regular Meeting
Type Procedural