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Monday, June 27, 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 JUNE 27, 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
1. Call to Order - President Ooten
2. Pledge of Allegiance - President Ooten
3. Invocation - Vice President Scheafer
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.)
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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.
6. Ceremonial Matters and Presentations
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.
1. Public Comments
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.
1. Approve Consent Calendar
2. Approve the Board of Directors Study Session Minutes of May 10, 2022
3. Approve the Board of Directors Regular Meeting Minutes of May 23, 2022
4. Adopt Warrant Resolution No. CMSD 2022-12 Approving District Warrant Registers
5. Approve the Directors' Compensation and Reimbursement of Expenses
6. Approve Payroll Transparency Disclosure for May 2022
7. Approve the preparation of a warrant to CR Transfer in the amount of $183,802.11 for May 2022 recycling and
disposal services in the June 2022 warrant register
8. Accept the occupancy count as presented as 23,084 and direct staff to prepare a warrant to CR&R Environmental
Services for $239,231.03 for May 2022 collection
9. Receive and File the May 2022 Organics Tonnage Report
10. Receive and File the May 2022 Solid Waste Diversion Report
11. Approve the Investment Report for the Month of May 2022
12. Receive and File May 2022 Contracts Signed by the General Manager
13. Adopt Resolution No. 2022-962 Updating the Records Retention Schedules and Authorize the Destruction of Records
D. PUBLIC HEARINGS
1. Notice of Public Hearing Before Liens are Placed on the FY22-23 Tax Roll and Adopt Resolution No. 2022-963
E. GENERAL MANAGER'S REPORTS
1. Consider Adopting Administrative Regulations No. 120.00 Pertaining to Bilingual Pay for Qualified Employees
2. Consider Approving Appropriating $154,631 from CalRecycle SB 1383 Local Assistance Grant Program to the District's
FY2022-23 Budget.
3. Consider Voting for One Candidate to the California Special Districts Association Board of Directors Seat B
F. ENGINEER'S REPORTS
1. Receive and File the District Engineer's Report and Capital Improvement Projects Status
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G. TREASURER'S REPORTS
1. Consider Adopting Resolution 2022-964 Authorizing the Costa Mesa Sanitary District to Enter Into the Joint Exercise
of Powers Agreement Relating to the California CLASS and to invest in shares of the California CLASS
2. Consider Adopting Resolution 2022-965 Approving the Statement of Investment Policy and Delegating the
Investment Function to the District Treasurer for Fiscal Year 2022-23
H. ATTORNEY'S REPORTS
1. Consider Adopting Resolution No. 2022-966 Authorizing Remote Meetings
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.
1. Orange County Sanitation District (OCSD) - (President Ooten)
2. Santa Ana River Flood Protection Agency (SARFPA) - (Director Perry)
3. Independent Special Districts of Orange County (ISDOC) - (Secretary Schafer)
4. California Special Districts Association (CSDA) - (Secretary Schafer)
5. Special District Risk Management Authority (SDRMA) - (Vice President Scheafer)
6. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55, Operations Code Section 3.01.030
J. OLD BUSINESS
K. NEW BUSINESS
L. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS
1. Oral Communications and Director Comments
M. ADJOURN TO CLOSED SESSION
N. RECONVENE TO OPEN SESSION
O. CLOSING ITEMS
1. Adjourn
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Monday, June 27, 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 JUNE 27, 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 Jun 27, 2022 - Board of Directors Regular Meeting
Access Public
Type Procedural
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A. OPENING ITEMS
Subject 2. Pledge of Allegiance - President Ooten
Meeting Jun 27, 2022 - Board of Directors Regular Meeting
Access Public
Type Procedural
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A. OPENING ITEMS
Subject 3. Invocation - Vice President Scheafer
Meeting Jun 27, 2022 - Board of Directors Regular Meeting
Access Public
Type Procedural
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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 Jun 27, 2022 - Board of Directors Regular Meeting
Access Public
Type Procedural
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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 Jun 27, 2022 - Board of Directors Regular Meeting
Access Public
Type Procedural
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A. OPENING ITEMS
Subject 6. Ceremonial Matters and Presentations
Meeting Jun 27, 2022 - Board of Directors Regular Meeting
Access Public
Type Procedural
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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 Jun 27, 2022 - Board of Directors Regular Meeting
Access Public
Type Procedural
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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 Jun 27, 2022 - Board of Directors Regular Meeting
Access Public
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.
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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: June 27, 2022
Subject: Approve the Board of Directors Study Session Minutes of May 10, 2022
Summary
The recorded minutes of the May 10, 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 May 10, 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 June 27, 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.
2. Direct staff to report back with more information.
File Attachments
Subject 2. Approve the Board of Directors Study Session Minutes of May 10, 2022
Meeting Jun 27, 2022 - Board of Directors Regular Meeting
Access Public
Type Action (Consent), Minutes
Recommended Action That the Board of Directors approve the meeting minutes as presented.
Minutes View Minutes for May 10, 2022 - Board of Directors Study Session
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minutes_2022_05_10_ss.pdf (200 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.
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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: June 27, 2022
Subject: Approve the Board of Directors Regular Meeting Minutes of May 23, 2022
Summary
The recorded minutes of the May 23, 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 May 23, 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 June 27, 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.
2. Direct staff to report back with more information.
File Attachments
Subject 3. Approve the Board of Directors Regular Meeting Minutes of May 23, 2022
Meeting Jun 27, 2022 - Board of Directors Regular Meeting
Access Public
Type Action (Consent), Minutes
Recommended Action That the Board of Directors approve the meeting minutes as presented.
Minutes View Minutes for May 23, 2022 - Board of Directors Regular Meeting
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minutes_2022_5_23_rm.pdf (171 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.
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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: June 27, 2022
Subject: Adopt Warrant Resolution No. CMSD 2022-12 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.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the June 27, 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.
Subject 4. Adopt Warrant Resolution No. CMSD 2022-12 Approving District Warrant
Registers
Meeting Jun 27, 2022 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Budgeted Yes
Recommended Action That the Board of Directors adopt Warrant Resolution No. CMSD 2022-12 approving District
warrants for the month of May in the amount of $1,204,407.32
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File Attachments
WARRANT RESO 2022-12.pdf (373 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.
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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 & Public Information Officer
Date: June 27, 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 June 27, 2022 Board of Directors Regular
Meeting at District Headquarters and posted on the District’s website.
Alternative Actions
1. Do not approve the compensation and reimbursement of expenses as presented.
2. Direct staff to report back with more information.
File Attachments
board_comp.pdf (541 KB)
Subject 5. Approve the Directors' Compensation and Reimbursement of Expenses
Meeting Jun 27, 2022 - 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.
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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.
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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: June 27, 2022
Subject: Approve Payroll Transparency Disclosure for May 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 June 27, 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
Subject 6. Approve Payroll Transparency Disclosure for May 2022
Meeting Jun 27, 2022 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Fiscal Impact Yes
Budgeted Yes
Recommended Action That the Board of Directors approve and file the report.
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Payroll Transparency Disclosure May 2022.pdf (1,866 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.
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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
$183,802.11 for May 2022 recycling and disposal services in the June 2022 warrant
register
Meeting Jun 27, 2022 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Recommended Action That the Board of Directors approves the preparation of a warrant to CR Transfer in the
amount of $183,802.11 for May 2022 recycling and disposal services to be ratified in the
June 2022 warrant register.
53.01
43434
43471 758.76
To: Board of Directors
Via: Scott Carroll, General Manager
From: Nabila Guzman, Management Analyst I
Date: June 27, 2022
Subject: Approve the preparation of a warrant to CR Transfer in the amount of $183,802.11 for May 2022 recycling and disposal
services in the June 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 $183,802.11 for May 2022 recycling
and disposal services to be ratified in the June 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 43435 $54.98 $2,914.49
Residential Waste - Costa Mesa 2,246.04 $54.98 $123,487.42*
Total Residential Waste 2,299.05 $126,401.91
Organics Recycling Waste $75.65 $57,400.20*
Total Organics 758.76 $57,400.91
Grand Total 3,057.81 $183,802.11
Legal Review
Not Applicable
Environmental Review
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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 June 27, 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 instruction
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.
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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 8. Accept the occupancy count as presented as 23,084 and direct staff to prepare a
warrant to CR&R Environmental Services for $239,231.03 for May 2022 collection
Meeting Jun 27, 2022 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Recommended Action That the Board of Directors accept the occupancy count as presented using 23,084 as the
correct number of active units and direct staff to prepare a warrant to CR&R Environmental
Services for May 2022 collection based on this occupancy report so long as the contractor
fulfills the obligations of the agreement in the amount of $239,231.03 to be ratified in the
June 2022 warrant list.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Nabila Guzman, Management Analyst I
Date: June 27, 2022
Subject: Accept the occupancy count as presented as 23,084 and direct staff to prepare a warrant to CR&R Environmental
Services for $239,231.03 for May 2022 collection.
Summary
Accept the occupancy count as presented using 23,084 as the correct number of active units and direct staff to prepare a warrant to
CR&R Environmental Services for May 2022 collection based on this occupancy report so long as the contractor fulfills the obligations of
the agreement in the amount of $239,231.03 to be ratified in the June 2022 warrant list.
Recommendation
That the Board of Directors accept the occupancy count as presented using 23,084 as the correct number of active units and direct staff
to prepare a warrant to CR&R Environmental Services for May 2022 collection based on this occupancy report so long as the contractor
fulfills the obligations of the agreement in the amount of $239,231.03 to be ratified in the June 2022 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 May 31, 2022, total District occupancy was at 23,084 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.
The payment calculation is based on the following:
District's Current Rate for May 2022:
23,084 x $10.3635 =$239,231.03
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
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File Attachments
2022-05-G CMSD Occupancy Report.pdf (83 KB)
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 June 27, 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.
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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: June 27, 2022
Subject: Receive and File the May 2022 Organics Tonnage Report
Summary
A total of 758.76 tons of organic waste were collected in May 2022.
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 9. Receive and File the May 2022 Organics Tonnage Report
Meeting Jun 27, 2022 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Recommended Action That the Board of Directors receive and file this report.
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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 June 27, 2022 Board of Directors
Regular meeting at District Headquarters and posted on the District’s website
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Regular meeting at District Headquarters and posted on the District’s website.
Alternative Action
1. Direct staff to report back with more information
File Attachments
Organics.png (18 KB)
Organics Tonnage.png (22 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.
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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: June 27, 2022
Subject: Receive and File the May 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 10. Receive and File the May 2022 Solid Waste Diversion Report
Meeting Jun 27, 2022 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Recommended Action That the Board of Directors receive and file this report.
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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 June 27, 2022 Board of Directors
Regular meeting at District Headquarters and posted on the District’s website.
Alternative Action
1. Direct staff to report back with more information
File Attachments
Tonnage.png (43 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.
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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: Marc Davis, District Treasurer
Date: June 27, 2022
Subject: Approve the Investment Report for the Month of May 2022
Summary
Attached is the Investment Report for the month of May 2022. As required by the District’s Statement of Investment Policy, the Investment
Report delineates all investment activity during the month.
Recommendation
That the Board of Directors approve the Investment Report for the month of May 2022.
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 May 31, 2022. The District’s investments are in compliance with the Statement of Investment Policy
adopted by the Board at the June 28, 2021 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 May 31, 2022, was 0.858%. The yield
to maturity of the portfolio was 0.858%. The District’s weighted average interest rate was 17 basis points (0.174%) above the LAIF
average monthly rate for May of 0.684%. The weighted average number of days to maturity for the District’s total portfolio was 823 days
(2.25 years). The duration of the underlying securities in LAIF as of May 31, 2022 was 309 days.
The District’s investment portfolio is 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 one year or less as of May 31, 2022 was 37.07%. 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:
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 operating expenses for the fiscal year to cover the
cash deficit during the period in which the District does not receive any of its annual charges from the County of Orange.
Subject 11. Approve the Investment Report for the Month of May 2022
Meeting Jun 27, 2022 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Recommended Action That the Board of Directors approve the Investment Report for the month of May 2022.
Goals 8.0 Finance
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The revenue dry period is from June through October.
Undesignated - Remaining available cash, which is 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 operating expenses for the fiscal year to cover the
cash deficit during the period in which the District does not receive any of its annual charges from the County of Orange.
The revenue dry period is from June through October.
Undesignated - Remaining available cash, which is 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 the 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 0.700% for the year ending June 30, 2022. Through May 31, 2022, the portfolio
has earned a weighted average interest rate of 0.681%.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the June 27, 2022 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 - May 2022.pdf (575 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.
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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: June 27, 2022
Subject: Receive and File May 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 May 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 May 2022:
Contracts
1. Jamison Engineering Contractors: 21 Street Air Release Valve Service & Modification Cost: $41,595.00
2. SpringML: 12 Month Retainer Support for existing manhole detection vision Artificial Intelligence System Cost: $10,000
Purchase Orders
1. Industrial Technical Services: Install Reverse Phase at Mendoza and Santa Ana PS Cost: $17,645.01
2. InfoSend: Solid Waste Rate Increase Postcards Cost: $7,638.85
3. Xylem Water Solutions: Rebuild pump at Irvine Pump Station Cost: $27,419.36
4. Xylem Dewatering Solutions: Godwin Bypass Pump Seal Kit Repair at Elden Pump Station Cost: $7,066.21
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.
Subject 12. Receive and File May 2022 Contracts Signed by the General Manager
Meeting Jun 27, 2022 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Fiscal Impact Yes
Budgeted Yes
Recommended Action That the Board of Directors receive and file this report.
Goals 6.0 Administrative Management
st
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Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the June 27, 2022 Board of Directors regular
meeting at District Headquarters and on District website at www.cmsdca.gov.
Alternative Actions
1. Direct staff to report back with more information
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.
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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
Via: Noelani Middenway, CMC, District Clerk/PIO
Date: June 27, 2022
Subject: Adopt Resolution No. 2022-962 Updating Records Retention Schedule and Authorize the Destruction of Records
Summary
As part of the District’s records management program, the District will update the Records Retention Schedules annually to keep up-to-date with
legal changes and Best Practices. The adoption of these retention schedules will result in efficiency gains and cost savings.
Recommendation
That the Board of Directors Adopt Resolution No. 2022-962 Updating Records Retention Schedules and authorize the destruction of records
accordingly.
Analysis
In 2010, Costa Mesa Sanitary District selected Gladwell Governmental Services, Inc., (GGS) an expert in special District records, to develop a
comprehensive records retention schedule for the District. GGS reviews and updates the schedules to reflect changes in law and incorporate Best
Practices from other special districts to increase efficiency and take advantage of current technology.
It is GGS’s opinion that the destruction of disposition of the categories of records contained in the records retention schedule will not adversely
affect any interest of the District or the public.
The development of the records retention schedules are driven by many factors, including:
Changes in law, pertaining to special District records
CMSD produces and manages many permanent records
Escalating records storage expenses
Technology advancements
Gladwell Governmental Services, Inc. has assisted over 200 California municipal governments with their records management, records retention
and/or document imaging programs, including many special districts, agencies or units.
It is standard business practice for California local governments to authorize the routine destruction of records that have exceeded their adopted
retention period, upon the request of the Department Head and with the consent in writing of the Department Head, District Counsel, and General
Manager, which is provided in Section 2 of the resolution.
It is also standard business practice for California local governments to authorize updates to the schedule without further action of the Board of
Directors; this is provided in Section 3 of the resolution.
Subject 13. Adopt Resolution No. 2022-962 Updating the Records Retention Schedules and
Authorize the Destruction of Records
Meeting Jun 27, 2022 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Recommended Action That the Board of Directors Adopt Resolution No. 2022-962 Updating the Records Retention
Schedule and Authorize the Destruction of Records.
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Legal Review
District Counsel has reviewed and provided input for this report.
Environmental Review
Adoption of an updated records retention schedule and authorizing the destruction of records are an administrative matter, and
administrative matters are exempt under CEQA and the District’s CEQA Guidelines.
Financial Review
A budgeted amount of $1,000 has been designated for the District's Records Retention Schedule updates and professional services with
Gladwell Governmental Services, Inc. Staff has remained within budget and sufficient funds are available to cover said costs.
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the June 27, 2022 Board of Directors
regular meeting at District Headquarters and posted on the District’s website.
Alternative Actions
1. Do not adopt the resolution and direct staff to return with additional information.
File Attachments
destruction_list_2022-06-27.pdf (17 KB)
reso_2022-962_adopting_retentionschedule_2022-06-27.docx (26 KB)
Admin Content
Attached, please find the updated records retention schedules for your review. Due to Copyright laws, Gladwell
Governmental Services, LLC has requested that these documents not be made public electronically. They are available
in printed format at the District headquarters should a member of the public wish to review them.
Administrative File Attachments
__How to Use Retention Schedules FY 21-22 - District.pdf (73 KB)
__Retention Legend - FY 21-22 - District.pdf (122 KB)
_DISTRICT WIDE - CMSD - FY_21-22.pdf (325 KB)
District Clerk - CMSD - FY_21-22.pdf (303 KB)
Finance - CMSD - FY_21-22.pdf (378 KB)
General Manager - CMSD - FY_21-22.pdf (209 KB)
Human Resources - CMSD - FY_21-22.pdf (278 KB)
Information Technology - CMSD FY_21-22.pdf (153 KB)
Liquid Waste - CMSD - FY_21-22.pdf (259 KB)
Solid Waste - CMSD - FY_21-22.pdf (174 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.
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D. PUBLIC HEARINGS
To: Board of Directors
Via: Scott Carroll, General Manager
From: Autumn Alvarez, Accounting Clerk
Date: June 27, 2022
Subject: Notice of Public Hearing Before Liens are Placed on the FY22-23 Tax Roll and Adopt Resolution No. 2022-963
Summary
The Costa Mesa Sanitary District found approximately 90 properties that were not being billed for solid waste and or wastewater services
properly on the County of Orange tax roll. These properties billing issues ranged from incorrect unit counts, incorrect housing type, and
no APN's available to have charges placed. The District has since fixed these issues and all properties are set to be billed properly for the
FY 22-23 tax roll. In November 2021, the District started back billing these properties for solid waste and wastewater services that were
received but not paid since FY18-19. The District has mailed out correspondence in the form of letters and invoices. At least three (3)
letters/invoices have been sent to each property owners mailing address on file. The list of properties that remain unpaid is listed below.
The properties listed in yellow have contacted the District and requested to have the charges placed on the FY 22-23 tax roll, all others
have either not contacted the District or not paid.
Recommendation
1. That the Board of Directors approve the District to add the unpaid back billing charges to the upcoming tax roll for FY 22-23.
2. Adopt Resolution No. 2022-963 Certifying To the Board of Supervisors and County Auditor a Statement of Delinquent and Unpaid
Charges for Sewer and Other Services and Requesting Collection with the Annual Taxes Imposing a Lien.
Analysis
The District began invoicing for the unpaid charges back in November 2021. Along with the invoice the District included a letter giving a
description of the charges that were being billed. In the letter the property owners were provided with the Districts contact information and
the option to contest the charges during a public hearing. Only one (1) property owner chose to do so at the May 2022 board meeting. It
was the Board's decision to not dismiss the charges and to have the property owner pay for the services that the District has rendered but
was not compensated for. The initial letters and invoices were mailed out beginning in November 2021. The District also included a 6-
month long payment plan option for those who wished to participate, if property owners contacted the District, they were more than willing
to develop an alternative payment plan that worked for them. Additional reminder letters and invoices were mailed to the property owners
who had not paid or made correspondence to the District in February 2022, April 2022, and June 2022.
Legal Review
The receipt of service without payment provided a windfall to the owner. The assessments are obligations based on statute, and the
statute of limitations for an action based on statute, including an assessment, is three years. (CCP §338; Swamp-Land Dist. No. 307 v.
Glide 112 Cal. 85 (1896).) The District does not have to file a complaint to recover this money, but can file a lien and seek recovery on the
tax rolls with other charges. (H & S C §§5473.11, 6523.3.)
Environmental Review
Subject 1. Notice of Public Hearing Before Liens are Placed on the FY22-23 Tax Roll and
Adopt Resolution No. 2022-963
Meeting Jun 27, 2022 - Board of Directors Regular Meeting
Access Public
Type Action
Recommended Action 1. That the Board of Directors approve the District to add the unpaid back billing charges to
the upcoming tax roll for FY 22-23.
2. Adopt Resolution No. 2022-963 Certifying To the Board of Supervisors and County Auditor
a Statement of Delinquent and Unpaid Charges for Sewer and Other Services and Requesting
Collection with the Annual Taxes Imposing a Lien.
Goals 8.0 Finance
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Consideration of placing charges on the property tax roll 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
Below is the list of properties that remain unpaid for the solid waste and or wastewater services during the period of FY 18-19 through FY
21-22. Each property does not owe for each year, some only owe for one (1) or 2 (2) fiscal years.
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the June 27, 2022 Board of Directors special
meeting at District Headquarters and posted on the District’s website at www.cmsdca.gov. This matter will be the subject of a hearing.
Alternative Actions
1. Waive all past due charges for properties listed.
File Attachments
Resolution.pdf (44 KB)
Unpaid Parcels.jpg (262 KB)
Affidavit 7854069 Costa Mesa Sanitary Liens.pdf (261 KB)
procedure_script_delinquent_accounts.pdf (56 KB)
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E. GENERAL MANAGER'S REPORTS
To: Board of Directors
From: Scott Carroll, General Manager
Date: June 27, 2022
Subject: Bilingual Pay
Summary
On April 12, and June 14, 2022, the Board of Directors discussed this item and directed staff to bring back for discussion and approval
consideration at your June 27, 2022 regular Board of Directors meeting.
California Government Code section 7290 to 7299.8 requires that state and local agencies ensure they provide information and services
in the various languages spoken by their clients where a "substantial" number of non-English-speaking people require such services. The
District service area includes 29% of a Spanish speaking population. CMSD has been promoting our programs through public outreach
campaigns in both English and Spanish since 2018, when the Living Green newsletter was first published in both languages. The District
does not currently offer bilingual pay for employees required to use bilingual skills on a continuous basis outside of their normal and
typical job duties. The District is proposing the addition of bilingual pay as a special pay.
Recommendation
That the Board of Directors approve adopting Administrative Regulations No. 120.00 pertaining to bilingual pay for qualified employees
Analysis
California Government Code section 7290 to 7299.8 requires that state and local agencies ensure they provide information and services
in the various languages spoken by their clients where a "substantial" number of non-English-speaking people require such services. The
determination of what constitutes a “substantial” number of non-English speaking people shall be made by the local agency. Staff
recommends that the District determine the definition of “substantial,” in regard to this matter, be established at a benchmark of 25% of a
people group of the same non-English-speaking language. Once that threshold has been met, the District will provide the public with
bilingual interpretation services.
According to the 2019 U.S. Census found in World Population Review, nearly 29% of Costa Mesa residents are Spanish speakers. That
percentage amount is above the proposed benchmark amount of 25%.
In 2018, the District began publishing the quarterly Living Green newsletter in both English and Spanish in an effort to increase
communication and remove any barriers that existed for Spanish speaking residents. The District also increased its presence through
social media and awareness campaigns that were promoted in both English and Spanish. One intended result of these bilingual
campaigns has been an increase in interactions with the Spanish speaking public. The preparation of public outreach materials and
communication into Spanish requires translation services. Staff is recommending additional compensation be provided to employee(s)
who have been certified for the performance of bilingual skills. The determination of the number of employees designated to receive
bilingual pay would be at the sole discretion of the General Manager.
Subject 1. Consider Adopting Administrative Regulations No. 120.00 Pertaining to Bilingual
Pay for Qualified Employees
Meeting Jun 27, 2022 - Board of Directors Regular Meeting
Access Public
Type Action
Fiscal Impact No
Recommended Action That the Board of Directors approve adopting Administrative Regulations No. 120.00
pertaining to bilingual pay for qualified employees
Goals 7.0 Human Resources Management
7.1 Human Resources Management - Value and appreciate employees
7.5 Human Resources Management - Maintain high level of employee satisfaction
7.7 Human Resources Management - Provide competitive compensation, benefits package
and incentives
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CMSD conducted a survey of other local agencies to ascertain bilingual pay information including policy and compensation. Of the
thirteen agencies who responded, the average monthly amount for bilingual pay was $135 ($67.50 biweekly) for speaking and $175
($87.50 biweekly) to speak, read, and write. When an employee is required to use bilingual skills on a continuous basis outside of their
normal and typical job duties, the District is proposing a bilingual pay in the biweekly amount of $70 to utilize bilingual speaking skills and
$90 to speak, read, and write. Bilingual pay would be reported to CalPERS as special compensation per Title 2 California Code of
Regulations section 571(a)(4) and 571.(b)(3) for Bilingual Premium.
To receive bilingual pay, employees would be required to take and pass a proficiency test with a minimum score of 70% to certify that
they are proficient in speaking and/or reading and writing Spanish. Employees that are certified and receive bilingual pay will be
designated as “District Translators” and will be expected to serve in this role as the need arises.
On May 11, 2022, the Citizens Advisory Committee (CAC) reviewed and discussed bilingual pay for District employees. The CAC
unanimously approved recommending the Board of Directors consider adopting a bilingual pay policy for District employees.
Legal Review
Not applicable.
Environmental Review
The proposed addition of bilingual pay is not a disturbance of the environment similar to grading or construction and do not constitute a
project under CEQA or the District’s CEQA Guidelines.
Financial Review
Bilingual pay is not included in the adopted Biennial Budget FYs 2021-22 and 2022-23. An eligible employee may receive an annual pay
of $1,820 ($70 per pay period) to utilize bilingual speaking skills or $2,340 ($90 per pay period) to speak, read, and write. There is
sufficient money in the budget to provide bilingual pay to one employee. Staff will request increasing the bilingual pay budget in future
budgets if additional language proficiencies are required and it becomes apparent more employees are willing to take and pass the
proficiency test.
The alternative to offering employees special pay for bilingual skills is paying a private consultant to perform the services. The District's
consultant can provide bilingual skills at $70.00 an hour. Staff estimates that the District will need 144 to 192 hours of translation services
per fiscal year which would result in $10,080 to $13,440 per fiscal year.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the June 27, 2022 Board of Directors meeting at
District Headquarters and on District website at www.cmsdca.gov
Alternative Actions
1. Do not approve bilingual pay for District employees and direct staff to hire consultants to perform bilingual skills.
2. Direct staff to report back with more information.
File Attachments
Costa Mesa Language.pdf (35 KB)
AR No. 120 Bilingual Pay for Qualified Employees.docx (60 KB)
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E. GENERAL MANAGER'S REPORTS
Subject 2. Consider Approving Appropriating $154,631 from CalRecycle SB 1383 Local
Assistance Grant Program to the District's FY2022-23 Budget.
Meeting Jun 27, 2022 - Board of Directors Regular Meeting
Access Public
Type Action
Recommended Action That the Board of Directors approve appropriating $154,631 from CalRecycle SB 1383 Local
Assistance Grant Program to the District's FY2022-23 Budget.
Goals 2.0 Solid Waste
8.0 Finance
olid waste consultant, Michael Balliet LLC, will assist the District with program evaluation, waste characterization
studies and SB 1383 compliance assistance. Attached to the staff report is the Tripepi Smith proposal for your review.
To: Board of Directors
From: Scott Carroll, General Manager
Date: June 27, 2022
Subject: CalRecycle SB 1383 Local Assistance Grant Spending Plan
Summary
CalRecycle is administering a one-time grant program meant to provide aid in the implementation of regulations for SB 1383. This non-
competitive grant program provides $57,000,000 of funding to local jurisdictions to assist with the implementation of regulatory
requirements associated with SB 1383, including but not limited to:
Capacity Planning
Collection
Edible Food Recovery
Education and outreach
Enforcement and Inspection
Program Evaluation/Gap Analysis
Procurement Requirements
Record Keeping
The maximum amount of funds available for the Costa Mesa Sanitary District was $156,658. The deadline for the application was
Tuesday, February 1, 2022 at 11:59 pm.
Recommendation
That the Board of Directors approve appropriating $154,631 from CalRecycle SB 1383 Local Assistance Grant Program to the District's
FY 2022-23.
Analysis
The Costa Mesa Sanitary District applied for the one-time SB 1383 Local Assistance Grant in February 2022. On April 27, 2022, the
District received an award notification email from CalRecycle for $168,262.00. The District qualified for the first round of funding because
the Board of Directors has already adopted an ordinance adding SB 1383 enforceable mechanisms to the District's Operations Code.
First-round awardees were eligible to receive additional funds, and CMSD received an additional $11,604 in funding.
The total amount awarded to the District is $168,262, a check for the full amount from CalRecycle was received on Monday, June 6,
2022. The grant term will be available through April 2, 2024.
The District will use the grant funds for the following per fiscal year:
Fiscal Year 2022-2023
$45,000 Administration. The money will be used to fund consulting work from Tripepi Smith and Michael Balliet LLC. Public
affairs firm, Tripepi Smith, will provide assistance with strategizing, planning, and coordinating SB 1383 bilingual education and
outreach. S
$20,000 Collection. Funds in this category will be used to purchase new kitchen pails and compostable bags for trash customers
to encourage and facilitate their participation in CMSD's curbside Organics Recycling Program.
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File Attachments
Tripepi Smith Proposal - SB 1383.pdf (15,097 KB)
Creation and updates to SB 1383 webpage
Development of bimonthly bilingual social media graphics/posts for 12 months, including creation and set-up of 2
ads/boosted posts
Design of 2 high-quality bilingual mailers (excludes cost of printing/mailing)
Design of 1 bilingual flyer or pamphlet explaining kitchen pail use/FAQs (excludes costs of printing/distribution)
Animated explainer video in English and Spanish
Campaign branding/logo including a logo concept/wordmark
1 stakeholder workshop
1 school-focused assembly/outreach event
2 bilingual press releases and corresponding media outreach
Leadership talking points
Social media/online advertising (Facebook, YouTube and Google)
Printing and mailing/distribution of all materials
Account Account Number Increase/(Decrease)
Retained Earnings 10-000000-2990 ($ 154,631)
Professional Services 10-100800-4200 $ 45,000
Public Info/Ed/Community Promo 10-100800-4420 $ 96,658
Part-time Salaries 10-100000-4002 $ 12,060
FICA - Employer 10-100000-4110 $ 170
Medicare - Employer 10-100000-4105 $ 743
$76,658 Education and Outreach. Funds will be used to implement the bilingual education and outreach components of SB
1383. Specifically, the funds will cover the following materials and activities:
$12,973 Personnel. Funds in this category will be used to fund a temporary intern position assigned to the Solid Waste division.
The intern's day-to-day duties will focus on assisting staff with SB 1383 implementation. Examples of tasks assigned will be
creating and maintaining a detailed list of solid waste customers, enrolling previously organics exempt homes, and providing
customer service assistance. The intern will work approximately 603 hours during FY2022-23. Staff hopes to open recruitment in
September and bring on the new employee in November or December of this year.
Fiscal Year 2023-2024
$13,631 Personnel. It is expected that the intern will work for about half of this fiscal year until funds run out.
Legal Review
Not applicable.
Environmental Review
The application for grant funds 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. The recycling program itself is betterment to the environment.
Financial Review
The District received $168,262 from the CalRecycle SB1383 Local Assistance Grant. This includes $156,658, the maximum amount
CMSD was eligible plus an additional $11,604 as a first-round awardee. Staff anticipates spending $154,631 in FY2022-23 and $13,631
in FY2023-24. If the Board of Directors approve CalRecycle SB 1383 Local Assistance Grant Spending Plan for FY2022-23 and FY2023-
24, then staff recommends that the Board of Directors approve an appropriation of $154,631 from Solid Waste Retained Earning to the
following accounts in FY2022-23 to off-set the expenditures.
Personnel funding for FY 2023-24 will be appropriately budgeted in the FY 2023-24 and 2024-25 Budget.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the June 27, 2022 Board of Director's regular
meeting at District Headquarters and on the District website www.cmsdca.gov
Alternative Actions
Refer the matter back to staff
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E. GENERAL MANAGER'S REPORTS
In February, nomination information and forms were mailed to every CSDA voting member agency. The leadership of CSDA is elected from
its six geographical networks. Each of the six networks have three seats on the board with staggered three-year terms. Candidates must be
affiliated with an independent special district that is a CSDA Regular Member in good standing located within the geographic network they
seek to represent.
The CSDA Board of Directors is the governing body responsible for all policy decisions related to CSDA’s member services, legislative
advocacy, education and resources. The Board of Directors is crucial to the operation of the association and to the representation of the
common interests of all California’s special districts before the Legislature and the state administration.
Commitment and Expectations:
Attend all Board meetings, held every other month at the CSDA office in Sacramento.
Participate on at least one committee, meets 3-5 times a year at the CSDA office in Sacramento.
Attend CSDA’s two annual events: Special Districts Legislative Days (held in the spring) and the CSDA Annual Conference (held in the
fall).
Complete all four modules of CSDA’s Special District Leadership Academy within two years.
Candidates:
Don Bartz, Phelan Pinon Hills CSD
File Attachments
bartz_don.pdf (112 KB)
Subject 3. Consider Voting for One Candidate to the California Special Districts Association
Board of Directors Seat B
Meeting Jun 27, 2022 - Board of Directors Regular Meeting
Access Public
Type Action
Recommended Action That the Board of Directors Vote for California Special Districts Association Board of Directors
Seat B
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F. ENGINEER'S REPORTS
To: Board of Directors
From: Mark Esquer, District Engineer
Date: June 27, 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-May to mid-June. 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 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 June 27, 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.
Subject 1. Receive and File the District Engineer's Report and Capital Improvement Projects
Status
Meeting Jun 27, 2022 - Board of Directors Regular Meeting
Access Public
Type Action, Discussion
Preferred Date Jun 27, 2022
Absolute Date Jun 27, 2022
Fiscal Impact No
Budgeted Yes
Budget Source 2021/22 FY Operating Budget
Recommended Action 2021/22 FY Operating Budget
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File Attachments
2022 06 Monthly Engineers Report CMSD Memorandum.pdf (202 KB)
2022 06 CIP Updates for May Board Meeting.pdf (1,157 KB)
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G. TREASURER'S REPORTS
To: Board of Directors
Via: Scott Carroll, General Manager
From: Marc Davis, District Treasurer
Date: June 27, 2022
Subject: Consider Participating in California Cooperative Liquid Assets Securities System and Adopt Resolution No. 2022-964
Summary
A new local government investment pool in California will available for investment beginning in late June 2022.
Recommendation
That the Board of Directors consider adopting Resolution 2022-964 authorizing the District to enter Into the Joint Exercise of Powers
Agreement Relating to the California Cooperative Liquid Assets Securities System (CLASS) and to invest in shares of the California
CLASS.
Analysis
The General Manager, District Treasurer and Finance Manager met with Neil McCormick, Chief Executive Officer, and Rick Wood,
Finance and Administration Director, of the California Special District Association (CSDA) on May 12, 2022 to listen to a presentation on a
newly formed local government investment pool (LGIP) which will be known as the California Cooperative Liquid Assets Securities
System (CLASS). California CLASS will be professionally managed and administered by Public Trust Advisors, LLC (PTA), which is a
Securities and Exchange Commission (SEC) registered investment advisor headquartered in Denver Colorado and has offices in 9 other
states. PTA currently manages 16 different LGIPs in 10 different states. Total assets of the LGIPs under management exceed $54
billion. Both CSDA and the League of California Cities have conducted due diligence on PTA, and both governing boards have endorsed
California CLASS. California CLASS was originally formed to offer an additional liquid, short-term investment option to local governments
and special districts in California. It is anticipated that California CLASS will be available for investing in the latter part of June 2022.
The District currently invests in one LGIP, which is the State of California Local Agency Investment Fund (LAIF). LAIF is used for the
District's short-term investments in order to meet liquidity needs, especially during the period from May through November of each year.
The District has authorized one additional LGIP in its investment policy, CalTRUST, but to date no funds have been placed with this
LGIP.
California CLASS is organized as a Joint Powers Authority (JPA) and supervised by a Board of Trustees that is comprised of eligible
participants of the program. The Board has the power to administer California CLASS and its affairs. The Board enters into contracts
and agreements on behalf of the program. Any public agency as defined in California Government Code Section 53600 can participate in
California CLASS.
California CLASS will offer two portfolios that contain the following characteristics:
CA CLASS CA CLASS EC
Portfolio Type Prime-style Enhanced cash
Purpose Short-term liquidity 9 – 12 months
Rating AAAm AAAf/S1
Subject 1. Consider Adopting Resolution 2022-964 Authorizing the Costa Mesa Sanitary
District to Enter Into the Joint Exercise of Powers Agreement Relating to the
California CLASS and to invest in shares of the California CLASS
Meeting Jun 27, 2022 - Board of Directors Regular Meeting
Access Public
Type Action
Recommended Action That the Board of Directors consider adopting Resolution 2022-964 authorizing the District to
enter Into the Joint Exercise of Powers Agreement Relating to the California Cooperative
Liquid Assets Securities System (CLASS) and to invest in shares of the California CLASS.
Goals 8.0 Finance
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Liquidity Offer Daily Next day
Minimum Investment None None
Withdrawals Unlimited Unlimited
Accounts Unlimited Unlimited
Rate Calculated daily Calculated daily
There are two levels of participation in California CLASS, a participant and a founding participant. There is not a significant difference in
overall participation and investing. Should the District simply want to invest in California CLASS, it can be a participant. All that would be
required would be for a registration packet to be completed. Should the District ever want to sit on the Board of Trustees, then it would
need to join as a founding participant. To do so would require the District to adopt a resolution to join the JPA.
Participation in California CLASS was previously discussed with the Board at its Study Session of June 14, 2022.
Legal Review
District Counsel has reviewed the JPA Agreement and Resolution 2022-964 as to form.
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 is no financial impact to participate in California CLASS.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the June 27, 2022 Board of Directors regular
meeting at District Headquarters and posted on the District’s website.
Alternative Actions
Choose not participate in California CLASS.
Choose to join California CLASS as a participant in lieu of a founding participant.
Attachments
1. Resolution 2022-964
2. California CLASS Joint Exercise of Powers Agreement
3. California CLASS - CSDA Webinar 4-28-22
File Attachments
Attachment 1 - California CLASS Resolution 2022-XXX.docx (24 KB)
Attachment 2 - California CLASS Joint Exercise of Powers Agreement.pdf (567 KB)
Attachment 3 - California Class - CSDA Webinar 4-28-22.pdf (960 KB)
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G. TREASURER'S REPORTS
To: Board of Directors
From: Marc Davis, District Treasurer
Date: June 27, 2022
Subject: Consider Adopting Resolution 2021-965 Approving the Statement of Investment Policy and Delegating the Investment
Function to the District Treasurer for Fiscal Year 2022-23
Summary
Attached is the proposed Statement of Investment Policy for Fiscal Year 2022-23 (Policy). The Policy documents the Board’s guidelines
under which the District Treasurer can invest the District’s idle funds.
Recommendation
That the Board of Directors adopt Resolution 2022-965 approving the Statement of Investment Policy and delegating the investment
function to the District Treasurer for Fiscal Year 2022-23.
Analysis
California Government Code §53646(a)(2) allows the District Treasurer to submit an annual investment policy to the Board for
consideration. It is not a requirement to do so, but staff believes it is prudent to continue this practice. The enclosed Policy documents the
Board’s objectives surrounding the selection of investments, as well as those investments in which the Board has authorized. It also
provides limitations on specific investments.
The responsibility for placing investments rests with the Board. California Government Code §53607 allows the Board to delegate the
investment function to the District Treasurer for a period of one year. The attached Resolution approves the Policy and delegates the
investment function to the District Treasurer for the 2022-23 fiscal year.
The Policy has been attached in two versions. A clean version that the Board will be considering for approval, and a red-lined version so
that the Board can review the proposed changes to the Policy. Once approved, the Policy will be distributed to the brokers assisting the
District with the investment of its idle funds.
Legal Review
District Counsel has reviewed Resolution 2022-965 as to form.
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 Statement of Investment Policy guides the Treasurer in how to invest the District’s idle funds. The amount of investment earnings to
be generated as a result of the investing function is based upon the market conditions at the time of investment.
Public Notice Process
Subject 2. Consider Adopting Resolution 2022-965 Approving the Statement of Investment
Policy and Delegating the Investment Function to the District Treasurer for Fiscal
Year 2022-23
Meeting Jun 27, 2022 - Board of Directors Regular Meeting
Access Public
Type Action
Recommended Action The the Board of Directors adopt Resolution 2022-965 approving the Statement of
Investment Policy and delegating the investment function to the District Treasurer for fiscal
year 2022-23.
Goals 8.5 Finance - Evaluate the District's Investment policy annually
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Copies of this report are on file and will be included with the entire agenda packet for the June 27, 2022 Board of Directors regular
meeting at District Headquarters and on the District’s website at www.cmsdca,gov.
Alternative Actions
1. Do not adopt Resolution and retain investment function at the Board level
2. Refer the matter back to staff
Attachments
Attachment 1 – Resolution Number 2022-965
Attachment 2 – Statement of Investment Policy for Fiscal Year 2022-23
Attachment 3 – Statement of Investment Policy for Fiscal Year 2022-23 (redline version)
File Attachments
Attachment 1 - Investment Resolution No 2022-XXX.docx (22 KB)
Attachment 2 - Statement of Investment Policy for Fiscal Year 2022-23.pdf (225 KB)
Attachment 3 - Statement of Investment Policy for Fiscal Year 2022-23 (Redline).pdf (242 KB)
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H. ATTORNEY'S REPORTS
To: Board of Directors
From: Alan Burns, District Counsel
Date: June 27, 2022
Subject: Consider Adopting Resolution No. 2022-966 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. 2022-966 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. 2022-961.
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
Subject 1. Consider Adopting Resolution No. 2022-966 Authorizing Remote Meetings
Meeting Jun 27, 2022 - Board of Directors Regular Meeting
Access Public
Type Action
Recommended Action That the Board of Directors adopt Resolution No. 2022-966 authorizing remote meetings.
Goals 6.0 Administrative Management
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There are no financial impacts to the District for adopting Resolution No. 2022-966.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the June 27, 2022 regular meeting at District
Headquarters and on District website at www.cmsdca.gov.
Alternative Actions
1. Do not adopt Resolution No. 2022-966 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. 2022-966 and direct staff to report back with more information.
File Attachments
resolution_2022-9___remote meeting extension.docx (15 KB)
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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 Jun 27, 2022 - Board of Directors Regular Meeting
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Type
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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 Jun 27, 2022 - Board of Directors Regular Meeting
Access Public
Type
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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 Jun 27, 2022 - Board of Directors Regular Meeting
Access Public
Type
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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 Jun 27, 2022 - Board of Directors Regular Meeting
Access Public
Type
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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 Jun 27, 2022 - Board of Directors Regular Meeting
Access Public
Type
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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 Jun 27, 2022 - Board of Directors Regular Meeting
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L. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS
Subject 1. Oral Communications and Director Comments
Meeting Jun 27, 2022 - Board of Directors Regular Meeting
Access Public
Type Discussion
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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, July 25, 2022 in the
District's Boardroom, located at 290 Paularino Avenue, Costa Mesa, CA 92626.
Subject 1. Adjourn
Meeting Jun 27, 2022 - Board of Directors Regular Meeting
Access Public
Type Procedural