2022_08_29_board8/26/22, 9:59 AM BoardDocs® Meeting: Board of Directors Regular Meeting Mon, Aug 29, 2022
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Monday, August 29, 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 AUGUST 29, 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 - 879 1759 5462
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 879 1759 5462#
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 July 12, 2022
3. Approve the Board of Directors Regular Meeting Minutes of July 25, 2022
4. Adopt Warrant Resolution No. CMSD 2023-02 Approving District Warrant Registers
5. Approve the Directors' Compensation and Reimbursement of Expenses
6. Approve Payroll Transparency Disclosure for July 2022
7. Approve the preparation of a warrant to CR Transfer in the amount of $200,710.34 for July 2022 recycling and
disposal services in the August 2022 warrant register
8. Accept the occupancy count as presented as 23,089 and direct staff to prepare a warrant to CR&R Environmental
Services for $245,983.28 for July 2022 collection
9. Receive and File the July 2022 Organics Tonnage Report
10. Receive and File the July 2022 Solid Waste Diversion Report
11. Consider Approving Contribution Program Application for Coastal Cleanup Day at the Bay
12. Receive and File July 2022 Contracts Signed by the General Manager
13. Approve the Investment Report for the Month of July 2022
D. PUBLIC HEARINGS
E. GENERAL MANAGER'S REPORTS
1. Discuss the Logistics and Outreach Plan for CMSD's 3-Cart Transition
F. ENGINEER'S REPORTS
1. Receive and File the District Engineer's Report and Capital Improvement Projects Status
2. Adopt the November 2021 District Master Plan
G. TREASURER'S REPORTS
H. ATTORNEY'S REPORTS
1. Consider Adopting Resolution No. 2022-971 Authorizing Remote Meetings
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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.
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
8/26/22, 10:00 AM BoardDocs® Meeting: Board of Directors Regular Meeting Mon, Aug 29, 2022
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Monday, August 29, 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 AUGUST 29, 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 - 879 1759 5462
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 879 1759 5462#
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 Aug 29, 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 Aug 29, 2022 - Board of Directors Regular Meeting
Access Public
Type Procedural
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A. OPENING ITEMS
Subject 3. Invocation - Vice President Scheafer
Meeting Aug 29, 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 Aug 29, 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 Aug 29, 2022 - Board of Directors Regular Meeting
Access Public
Type Procedural
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A. OPENING ITEMS
Subject 6. Ceremonial Matters and Presentations
Meeting Aug 29, 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 Aug 29, 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 Aug 29, 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.
8/26/22, 10:00 AM BoardDocs® Meeting: Board of Directors Regular Meeting Mon, Aug 29, 2022
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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: August 29, 2022
Subject: Approve the Board of Directors Study Session Minutes of July 12, 2022
Summary
The recorded minutes of the July 12, 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 July 12, 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 August 29, 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 July 12, 2022
Meeting Aug 29, 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 Jul 12, 2022 - Board of Directors Study Session
8/26/22, 10:00 AM BoardDocs® Meeting: Board of Directors Regular Meeting Mon, Aug 29, 2022
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minutes_2022_7_12_ss.pdf (110 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.
8/26/22, 10:00 AM BoardDocs® Meeting: Board of Directors Regular Meeting Mon, Aug 29, 2022
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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: August 29, 2022
Subject: Approve the Board of Directors Regular Meeting Minutes of July 25, 2022
Summary
The recorded minutes of the July 25, 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 July 25, 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 August 29, 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 July 25, 2022
Meeting Aug 29, 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 Jul 25, 2022 - Board of Directors Regular Meeting
8/26/22, 10:00 AM BoardDocs® Meeting: Board of Directors Regular Meeting Mon, Aug 29, 2022
https://go.boarddocs.com/ca/cmsdca/Board.nsf/goto?open&id=CA5VLF80F0E0#12/50
minutes_2022_7_25_rm.pdf (150 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.
8/26/22, 10:00 AM BoardDocs® Meeting: Board of Directors Regular Meeting Mon, Aug 29, 2022
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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: August 29, 2022
Subject: Adopt Warrant Resolution No. CMSD 2023-02 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 August 29, 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 2023-02 Approving District Warrant
Registers
Meeting Aug 29, 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 2023-02 approving District
warrants for the month of July in the amount of $2,093,378.86.
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File Attachments
WARRANT RESO 2023-02.pdf (675 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.
8/26/22, 10:00 AM BoardDocs® Meeting: Board of Directors Regular Meeting Mon, Aug 29, 2022
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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: August 29, 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 August 29, 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_reimbursement.pdf (621 KB)
Subject 5. Approve the Directors' Compensation and Reimbursement of Expenses
Meeting Aug 29, 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.
8/26/22, 10:00 AM BoardDocs® Meeting: Board of Directors Regular Meeting Mon, Aug 29, 2022
https://go.boarddocs.com/ca/cmsdca/Board.nsf/goto?open&id=CA5VLF80F0E0#16/50
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.
8/26/22, 10:00 AM BoardDocs® Meeting: Board of Directors Regular Meeting Mon, Aug 29, 2022
https://go.boarddocs.com/ca/cmsdca/Board.nsf/goto?open&id=CA5VLF80F0E0#17/50
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: August 29, 2022
Subject: Approve Payroll Transparency Disclosure for July 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 August 29, 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 July 2022
Meeting Aug 29, 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.
8/26/22, 10:00 AM BoardDocs® Meeting: Board of Directors Regular Meeting Mon, Aug 29, 2022
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Payroll Transparency Disclosure July 2022.pdf (1,062 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.
8/26/22, 10:00 AM BoardDocs® Meeting: Board of Directors Regular Meeting Mon, Aug 29, 2022
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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
$200,710.34 for July 2022 recycling and disposal services in the August 2022
warrant register
Meeting Aug 29, 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 $200,710.34 for July 2022 recycling and disposal services to be ratified in the
August 2022 warrant register.
Type of Waste Invoice Tonnage Rate Amount Billed
Residential Waste - Newport Beach 43709 $56.52
Residential Waste - Costa Mesa 2,351.25 $56.52 $132,892.70*
Total Residential Waste
Organics Recycling Waste $77.77 $64,154.02*
Grand Total
To: Board of Directors
Via: Scott Carroll, General Manager
From: Nabila Guzman, Management Analyst I
Date: August 29, 2022
Subject: Approve the preparation of a warrant to CR Transfer in the amount of $200,710.34 for July 2022 recycling and disposal
services in the August 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 $200,710.34 for July 2022 recycling
and disposal services to be ratified in the August 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.
64.82 $3,663.62*
43708
2,416.07 $136,556.32
43747 824.92
Total Organics 824.92 $64,154.02
3,240.99 $200,710.34
Legal Review
Not Applicable
Environmental Review
8/26/22, 10:00 AM BoardDocs® Meeting: Board of Directors Regular Meeting Mon, Aug 29, 2022
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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 August 29, 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.
8/26/22, 10:00 AM BoardDocs® Meeting: Board of Directors Regular Meeting Mon, Aug 29, 2022
https://go.boarddocs.com/ca/cmsdca/Board.nsf/goto?open&id=CA5VLF80F0E0#21/50
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: August 29, 2022
Subject: Accept the occupancy count as presented as 23,089 and direct staff to prepare a warrant to CR&R Environmental
Services for $245,983.28 for August 2022 collection.
Summary
Accept the occupancy count as presented using 23,089 as the correct number of active units and direct staff to prepare a warrant to
CR&R Environmental Services for July 2022 collection based on this occupancy report so long as the contractor fulfills the obligations of
the agreement in the amount of $245,983.28 to be ratified in the August 2022 warrant list.
Recommendation
That the Board of Directors accept the occupancy count as presented using 23,089 as the correct number of active units and direct staff
to prepare a warrant to CR&R Environmental Services for July 2022 collection based on this occupancy report so long as the contractor
fulfills the obligations of the agreement in the amount of $245,983.28 to be ratified in the August 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 $10.6537 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 July 31, 2022, total District occupancy was at 23,089 with one (1) 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 July 2022:
23,089 x $10.6537 =$245,983.28
Legal Review
Not Applicable
Environmental Review
Financial Review
Sufficient funds are available in the adopted budget to pay for the services provided.
Subject 8. Accept the occupancy count as presented as 23,089 and direct staff to prepare a
warrant to CR&R Environmental Services for $245,983.28 for July 2022 collection
Meeting Aug 29, 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 23,089 as the
correct number of active units and direct staff to prepare a warrant to CR&R Environmental
Services for July 2022 collection based on this occupancy report so long as the contractor
fulfills the obligations of the agreement in the amount of $245,983.28 to be ratified in the
August 2022 warrant list.
8/26/22, 10:00 AM BoardDocs® Meeting: Board of Directors Regular Meeting Mon, Aug 29, 2022
https://go.boarddocs.com/ca/cmsdca/Board.nsf/goto?open&id=CA5VLF80F0E0#22/50
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the August 29, 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.
File Attachments
2022-07-G CMSD Occupancy Report.pdf (74 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.
8/26/22, 10:00 AM BoardDocs® Meeting: Board of Directors Regular Meeting Mon, Aug 29, 2022
https://go.boarddocs.com/ca/cmsdca/Board.nsf/goto?open&id=CA5VLF80F0E0#23/50
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: August 29, 2022
Subject: Receive and File the July 2022 Organics Tonnage Report
Summary
A total of 824.92 tons of organic waste were collected in July 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 July 2022 Organics Tonnage Report
Meeting Aug 29, 2022 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Recommended Action That the Board of Directors receive and file this report.
8/26/22, 10:00 AM BoardDocs® Meeting: Board of Directors Regular Meeting Mon, Aug 29, 2022
https://go.boarddocs.com/ca/cmsdca/Board.nsf/goto?open&id=CA5VLF80F0E0#24/50
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 August 29, 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
8/26/22, 10:00 AM BoardDocs® Meeting: Board of Directors Regular Meeting Mon, Aug 29, 2022
https://go.boarddocs.com/ca/cmsdca/Board.nsf/goto?open&id=CA5VLF80F0E0#25/50
File Attachments
Organics.png (6 KB)
Organics Tonnage.png (21 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.
8/26/22, 10:00 AM BoardDocs® Meeting: Board of Directors Regular Meeting Mon, Aug 29, 2022
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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: August 29, 2022
Subject: Receive and File the July 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 July 2022 Solid Waste Diversion Report
Meeting Aug 29, 2022 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Recommended Action That the Board of Directors receive and file this report.
8/26/22, 10:00 AM BoardDocs® Meeting: Board of Directors Regular Meeting Mon, Aug 29, 2022
https://go.boarddocs.com/ca/cmsdca/Board.nsf/goto?open&id=CA5VLF80F0E0#27/50
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 July 25, 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 (44 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.
8/26/22, 10:00 AM BoardDocs® Meeting: Board of Directors Regular Meeting Mon, Aug 29, 2022
https://go.boarddocs.com/ca/cmsdca/Board.nsf/goto?open&id=CA5VLF80F0E0#28/50
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: August 29, 2022
Subject: Consider Approving Contribution Program Application for Coastal Cleanup Day at the Bay
Summary
On July 31, 2013, the Board of Directors approved implementing new procedures for sponsoring organizations and/or events. Staff is
presenting the Board of Directors with a Contribution Program Eligibility Application to provide a contribution of $1,250 for the Newport
Bay Conservancy's Coastal Cleanup Day at the Bay event on Saturday, September 17, 2022 from 9:00 a.m. to 12:00 p.m.
Subject 11. Consider Approving Contribution Program Application for Coastal Cleanup Day
at the Bay
Meeting Aug 29, 2022 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Preferred Date Aug 29, 2022
Absolute Date Sep 16, 2022
Fiscal Impact Yes
Dollar Amount $1,250.00
Budgeted Yes
Budget Source 10-100100-4420 & 20-100100-4420 (Public Information/Education/Community Promotions
Sponsorships)
Recommended Action That the Board of Directors:
1. Approve the Newport Bay Conservancy's contribution application requesting a $1,250
sponsorship for the Coastal Cleanup Day at the Bay event; and
2. Make a finding that this contribution will increase District visibility and advance the
District's statutory purpose of solid waste collection through educational information provided
at the District's event booth.
Goals 5.2 Community Outreach & Communications - Offer sustainable promotional products
5.0 Community Outreach & Communications
4.7 Partnerships - Participate in community events to increase visibility
4.3 Partnerships - Cross-promote public outreach content that applies to the District's
service area
4.1 Partnerships - Build relationships with local agencies, small businesses, and non-profit
agencies to promote sustainable practices
4.0 Partnerships
8/26/22, 10:00 AM BoardDocs® Meeting: Board of Directors Regular Meeting Mon, Aug 29, 2022
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Recommendation
That the Board of Directors:
1. Approve the Newport Bay Conservancy's contribution application requesting a $1,250 sponsorship for the Coastal Cleanup Day at the
Bay event; and
2. Make a finding that this contribution will increase District visibility and advance the District's statutory purpose of solid waste collection
through educational information provided at the District's event booth.
Analysis
According to the procedures implemented on July 31, 2013, the Board of Directors must do the following in order to determine if a
contribution should be made:
Establish the purpose the District is trying to serve by contributing. This purpose must be established as one of the District’s
statutory powers or a power that would be incidental to those purposes. For example, District purposes include solid waste
collection, recycling, source separation, wastewater collection, and preventing sanitary sewer overflows (SSOs).
Describe how the contribution will advance the District's purpose.
In regards to these criteria, the proposed sponsorship may serve the District's statutory purpose of solid waste collection, as well as the
District's "just cause" of keeping our water environment pollution-free. By providing the sponsorship, CMSD will be given the opportunity
to host an educational booth at the Peter and Mary Muth Interpretive Center, where many of the volunteers will be parking for the event.
The booth would be used to promote CMSD's solid waste and wastewater programs, such as the Organics Recycling, Large Item
Collection, HHW Collection, and Sewer Inspection Rebate Programs. Staff can engage with residents, answer questions, share flyers,
and distribute eco-friendly giveaways. The sponsorship would also increase CMSD's visibility by including the prominent display of
CMSD's logo on the T-shirts given to all volunteers, as well as being displayed on the Newport Bay Conservancy's social media pages,
website, and event signage.
Additionally, CMSD is inviting its Board, CAC, staff and customers to participate in a CMSD volunteer clean-up group. This is being
promoted as part of our annual Citizens Environmental Protection Academy and will be advertised on CMSD's website and social media
pages. Volunteers can register for free on Eventbrite. Simply enter "CMSD" under "company" when registering in order to join the CMSD
group.
The annual Coastal Cleanup Day event typically attracts between 800-1,000 volunteers who remove trash and debris from the Bay's
upland and marsh areas. Volunteers are stationed at 20-25 different sites around the Bay and their goal this year is to collect over 10,000
pounds of trash!
CMSD has not provided a monetary sponsorship for this event in the past; however, CMSD provided an in-kind sponsorship of recyclable
grocery bags for the 2021 Coastal Cleanup Day event.
Legal Review
Not applicable.
Environmental Review
The consideration of a monetary contribution to a non-profit organization to be used as a vehicle for promoting the District is an
administrative matter and is not a disturbance of the environment, similar to grading or construction, and is not a project under CEQA or
the District’s CEQA Guidelines.
Financial Review
There are sufficient funds in the FY 22-23 Solid Waste and Wastewater Public Info/Education/Community Promotions accounts for this
sponsorship. A total of $8,000 is budgeted for sponsorships during FY 22-23 and there is currently $5,500 remaining for FY 22-23 after
the Costal Cleanup Day at the Bay contribution of $1,250.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the August 29, 2022 Board of Directors Regular
Meeting at District Headquarters and posted on the District’s website.
Alternative Actions
1. Determine that no purpose exists for providing a sponsorship for the Coastal Cleanup Day event.
2. Approve an alternative sponsorship amount of $750 or $250. A $750 sponsorship includes less prominent display of CMSD's logo on
event shirts and on Newport Bay Conservancy’s social media pages, website, event signage. A $250 sponsorship includes CMSD's
agency name listed on event shirts and on event signage.
File Attachments
contribution_program_application_2022_08_18.pdf (367 KB)
8/26/22, 10:00 AM BoardDocs® Meeting: Board of Directors Regular Meeting Mon, Aug 29, 2022
https://go.boarddocs.com/ca/cmsdca/Board.nsf/goto?open&id=CA5VLF80F0E0#30/50
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.
8/26/22, 10:00 AM BoardDocs® Meeting: Board of Directors Regular Meeting Mon, Aug 29, 2022
https://go.boarddocs.com/ca/cmsdca/Board.nsf/goto?open&id=CA5VLF80F0E0#31/50
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 12. Receive and File July 2022 Contracts Signed by the General Manager
Meeting Aug 29, 2022 - Board of Directors Regular Meeting
Access Public
Type Receive and File
Goals 6.0 Administrative Management
To: Board of Directors
From: Scott Carroll, General Manager
Date: August 29, 2022
Subject: Receive and File July 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 July 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 July 2022:
Contracts
1. Xylem Dewatering Solutions: Repair/Re-install Godwin bypass pump Unit at Elden Pump Station. – Cost: $7,066.21
2. T & M Associates Consulting Engineers: Arc-Flash Analysis on Elden, Harbor, Irvine, and Santa Ana Pump Stations – Cost:
$39,710.00
3. Nor-Cal Pipeline Services: Project # 328, Ductile Iron Pipe (DIP) Phase III Change Order No. 2. An additional 276' of pipeline will
be relined. – Cost: $4,675.00
Purchase Orders
1. Komatsu Forklift USA, LLC: Purchased and acquired new forklift – Cost: $43,557.94
2. Sancon Technologies: Project #327 Calcium Removal. Chain flail test to remove calcium from sewer pipe. – Cost: $14,000.00
3. Xylem Water Solutions USA: Project # 330, Westbluff Pump Station Rehabilitation. Purchased and acquired new Flygt
Submersible Pump (2) – Cost $24,429.62
Legal Review
All contracts are reviewed and approved by District Counsel before contracts are executed.
Environmental Review
Providing the Board of Directors a monthly list of contracts signed by the General Manager is an administrative matter that will not result
in direct or indirect physical changes in the environment and is not considered a "project".
Financial Review
There is adequate funding in the budget for the expenses referenced above.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the August 29, 2022 Board of Directors regular
meeting at District Headquarters and on District website at www.cmsdca.gov.
8/26/22, 10:00 AM BoardDocs® Meeting: Board of Directors Regular Meeting Mon, Aug 29, 2022
https://go.boarddocs.com/ca/cmsdca/Board.nsf/goto?open&id=CA5VLF80F0E0#32/50
Alternative Actions
1. Direct staff to report back with more information
8/26/22, 10:00 AM BoardDocs® Meeting: Board of Directors Regular Meeting Mon, Aug 29, 2022
https://go.boarddocs.com/ca/cmsdca/Board.nsf/goto?open&id=CA5VLF80F0E0#33/50
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: August 29, 2022
Subject: Approve the Investment Report for the Month of July 2022
Summary
Attached is the Investment Report for the month of July 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 July 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 June 30, 2022. The District’s investments are in compliance with the Statement of Investment Policy
adopted by the Board at the June 27, 2022 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 July 31, 2022, was 0.956%. The yield
to maturity of the portfolio was 0.957%. The District’s weighted average interest rate was 13 basis points (0.134%) below the LAIF
average monthly rate for July of 1.090%. The weighted average number of days to maturity for the District’s total portfolio was 861 days
(2.36 years). The duration of the underlying securities in LAIF as of July 31, 2022 was 308 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 July 31, 2022 was 39.27%. 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 13. Approve the Investment Report for the Month of July 2022
Meeting Aug 29, 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 July 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 0.864% for the year ending June 30, 2023. Through July 31, 2022, the portfolio
has earned a weighted average interest rate of 0.956%.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the August 29, 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 - July 2022.pdf (653 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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E. GENERAL MANAGER'S REPORTS
To: Board of Directors
From: Scott Carroll, General Manager
Date: August 29, 2022
Subject: Discuss the Logistics and Outreach Plan for CMSD's 3-Cart Transition
Summary
On July 26, 2022, the District's Solid Waste Ad Hoc Committee discussed the proposed logistics and outreach plan for transitioning to a
3-cart source separating solid waste collection system.
Since March 2022, District staff and CR&R Environmental Services (CR&R) have been re-negotiating the solid waste agreement to make
it SB 1383 compliant. SB 1383, California's Short-Lived Climate Pollutant Reduction Strategy, strongly encourages agencies to use a
three-cart system (trash, recycling, organics) and CMSD will be making its transition to this system on July 1, 2023. This staff report
explains the tentative timeline of logistical plans and education and outreach that will be conducted by CMSD in anticipation of this
service change.
Recommendation
That the Board of Directors receive and file this report.
Analysis
SB 1383, California's Short-Lived Climate Pollutant Reduction Strategy requires jurisdictions to provide organic waste collection services
to all residents, procure organic material such as renewable energy and compost, enforce provisions in SB 1383 to achieve the state's
climate goals, and require agencies to maintain records that demonstrate how they are complying with the law. The amendment to the
service contract with CR&R includes all parts of SB 1383 compliance but the biggest change will be the transition from a two-cart system
to the standard three-cart collection system.
The achieve the first goal, District staff and CR&R decided to push the roll-out of the three-cart system to July 1, 2023 in order to
adequately prepare for the change in service, order new recycling carts, acquire new trash trucks, and provide education and outreach to
the service area. Below is a tentative timeline of logistical plans and outreach efforts that will be performed:
Tentative Timeline
August 2022 to October 2022 – Conduct a Cart Audit.
CR&R will use a third-party vendor to complete a cart audit of CMSD's service area. The audit will take place between August 8th and
September 7th. The vendor will log the number of carts at each home by size and waste stream to compare with what is logged currently
in CR&R's system.
Audit results are expected to be available to share with the District by the end of September.
November 2022 to December 2022 – Roll out of Organic Recycling carts to currently exempt homes.
In 2015, when CMSD rolled out the Organics Recycling Program, it made it an optional program, and residents were allowed to request
exemptions. Exemptions were approved based on space constraints, not having a yard or living alone, and not creating enough food
waste. There are roughly 2,000 homes not currently participating in the program that will need to be issued an organics recycling cart and
educated on its proper use. Before carts are issued, CMSD staff will draft and mail letters to all exempt homes to prepare them for the
delivery of the cart and their first service day.
These homes will be issued 35-gallon carts which will have to be ordered because it is not the standard size and CR&R does not have
enough in stock. Enrolling all these homes also means a new route needs to be added, CR&R will need to hire a new driver and add an
organic collection truck to CMSD's fleet. CR&R estimates that delivery of these organic carts will begin to be delivered the first week of
December with collection starting in January 2023.
January to March 2023 – Service Change Mailers.
Subject 1. Discuss the Logistics and Outreach Plan for CMSD's 3-Cart Transition
Meeting Aug 29, 2022 - Board of Directors Regular Meeting
Access Public
Type Discussion
Goals 2.0 Solid Waste
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CR&R will prepare and send mailers to all CMSD trash customers notifying them of the service change, extra cart fees, and expected
delivery date of their new recycling cart. The mailings will not begin until the last week of January 2023. The first mailing will be focused
on extra carts and giving instructions to residents to contact CR&R if they have carts that they do not want to pay for and return. Based
on a similar process used in Newport Beach earlier this year, CR&R is recommending giving trash customers 45 days to contact CR&R
before they are billed for the additional services.
In March, CR&R will send an additional mailer to residents notifying them of the three-cart system and providing a schedule of the new
recycle carts that will be delivered.
March to June 2023 – Delivery of Recycling Carts.
New recycling carts will be delivered between May and June 2023. CR&R expects the delivery of these carts will take 4-6 weeks to
complete. In June, CR&R will have an additional team place a label on all the existing mixed waste carts with landfill stickers to educate
residents on what to place in their new designated black (trash) cart. At this time, CR&R will also be removing any second or more "black"
carts that have not been agreed to be paid for by the resident.
January through June 2023 – CMSD will focus on SB1383 and three-cart system outreach. CMSD will create a dedicated webpage for
all changes in service information, boost social media posts, and create Google and Youtube Ads.
Staff has also discussed holding various town hall meetings during March and April to help prepare residents for the change in service.
July 1, 2023 – First day of new 3-cart service in CMSD
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
CR&R is proposing a monthly rate of $24.08 for the new agreement terms. CR&R's proposed monthly costs do not include the District's
overhead (e.g. salaries, benefits) and program (e.g. battery recycling, sharps collection) costs. The exact costs may change and will not
be determined until later this year when negotiations are completed.
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the August 29, 2022 Board of Directors
Regular meeting at District Headquarters and posted on the District’s website.
Alternative Actions
Refer item back to staff with further instructions.
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F. ENGINEER'S REPORTS
To: Board of Directors
From: Mark Esquer, District Engineer
Date: August 29, 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-July to mid-August. 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 August 29, 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 1. Receive and File the District Engineer's Report and Capital Improvement Projects
Status
Meeting Aug 29, 2022 - Board of Directors Regular Meeting
Access Public
Type Action, Discussion
Preferred Date Aug 29, 2022
Absolute Date Sep 26, 2022
Fiscal Impact No
Budgeted Yes
Budget Source FY 23 Operating Budget
Recommended Action The Board of Directors receive and file the Capital Improvement Status Report
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2022 08 Monthly Engineers Report CMSD Memorandum.pdf (204 KB)
2022 08 CIP Updates for August Board Meeting.pdf (1,190 KB)
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F. ENGINEER'S REPORTS
To: Board of Directors
From: Mark Esquer, District Engineer
Date: 08/29/2022
Subject: Adopt Master Plan
Summary
The District hired Robin B. Hamers and Associates, Inc. (RBH) to prepare a District Master Plan. The Master Plan is complete and ready
for adoption. The draft Master Plan and updates to the draft have been provided to the Board or Directors or the Citizens Advisory
Committee on at least three occasions since 2018.
This Master Plan supersedes the 2005 Masterplan and updates system capacity and projected land use, comparing the land use with
system capacity, and identifying capital project need, among other sewer system considerations. There are no substantial changes since
the 2005 Master Plan and no substantial changes are being considered in this updated Master Plan. The existing system has not
reached capacity so for the next few years, refurbishment, replacement, and renewal projects will be the need and focus for capital
project work.
Additional Dwelling Units (ADUs) will be the largest area of new growth based on the current permits applications. ADU sewer permits are
running less than City projections. However, the proposed Master Plan is based on the City ADU projection data. District staff will review
ADU developments over the next two years and compare permit trends to the City projections. Regardless, even if City ADU projections
are realized, the District will not likely require additional capacity over the next 3 to 5-year period.
District staff is requesting consideration for approval because the update has been in progress for an extended period. It is anticipated
that updated City information, ADU permit trends, and new State and Federal requirements will trigger a Master Plan update over the
next three or four year period.
Recommendation
The Board of Directors adopt the 2018 Master Plan.
Analysis
The primary goal of a Wastewater Master Plan is to determine whether the system has the capacity to handle flows from a build-out of the
service area. The plan compares the capacity of the sewer mains to the ultimate flow generated from complete build-out of the land use.
In the case of the District, this means providing sewer capacity for the land uses adopted by the City of Costa Mesa, the City of Newport
Beach, and the County of Orange. When the wastewater system was originally designed in the early 1950s, the development densities
and anticipated ultimate flows were very low when compared to today’s calculated maximums.
Storm water runoff does infiltrate and inflow (I & I) to the sewer system. These additional I & I flows require wastewater lines to be larger
to accommodate the added flows during periods of heavy rain. Because of the impact to sewer capacity, the District focuses on reducing
the inflow by using sealed or gasketed manhole covers, plugging manhole covers along the gutter, and reviewing inflow after each storm
event greater than 1" of rainfall. As a result, OC Sanitation has mentioned to District staff that District storm flows have decreased over
Subject 2. Adopt the November 2021 District Master Plan
Meeting Aug 29, 2022 - Board of Directors Regular Meeting
Access Public
Type Action
Preferred Date Aug 29, 2022
Absolute Date Oct 24, 2022
Budgeted Yes
Budget Source 23 FY Operating Budget
Recommended Action That the Board of Directors adopt the November 2021 District Master Plan
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time. There was sufficient reduction in flows that OC Sanitation determined that an expansion of the OC Sanitation Fairview Regional
trunkline was not required.
The flow rate per capita has been dropping steadily over the years. OCSD estimated a measured flow rate of 100 gallons per capita per
day in 2005 dropping to 75 gallons per capita per day in 2015, with projected flows to be 70 gallons per capita per day by 2022. A flow
coefficient of 71.5 gallons per capita per day (gpcd) was used for the purposes of this report/plan. Using a District population of
approximately 117,000, the estimated daily flow from the District is 8.4 mgd (million gallons per day).
The Master Plan documents are attached to this report, but they can also be viewed in CMSD's online repository here: Master Plan
Documents
Legal Review
Legal Counsel has determined that the Master Plan does not require City Planning Committee approval. However, the adopted Master
Plan will be provided to the City Engineer for their use and consideration.
Environmental Review
The sewer master plan update is a planning study and Section 15262 of Article 18 Statutory Exemptions, of the California Code of
Regulations states: “A project involving only feasibility or planning studies for possible future actions which the agency, board,
or commission has not yet approved, adopted, or funded does not require the preparation of an EIR or negative declaration but
does require consideration of environmental factors. This section does not apply to the adoption of a plan what will have a
legally binding effect on later activities.” Consideration of the environmental factors will occur as part of each of the projects listed in
the master plan update.
Financial Review
As of June 30, 2020, the Master Plan had $16,447. Money has been carried over to complete any minor edits. Except to provide a
professional engineer signature and compare the proposed Master Plan to the latest Rate Study, no work was conducted.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the August 29, 2022 Board of Directors meeting and
on District website at www.cmsdca.gov
Alternative Actions
Direct staff to report back with more information.
File Attachments
CMSD WasteWater Master Plan - Final Draft needs C and E (1).pdf (7,683 KB)
Appendix C - Pump Station Maps 2022 08 Final.pdf (56,301 KB)
Appendix E - Sewer Maps(150dpi).pdf (48,683 KB)
Admin Content
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H. ATTORNEY'S REPORTS
To: Board of Directors
From: Alan Burns, District Counsel
Date: August 29, 2022
Subject: Consider Adopting Resolution No. 2022-971 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. 2022-971 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. 2022-971.
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. 2022-971 Authorizing Remote Meetings
Meeting Aug 29, 2022 - Board of Directors Regular Meeting
Access Public
Type Action
Recommended Action That the Board of Directors adopt Resolution No. 2022-971 authorizing remote meetings.
Goals 6.0 Administrative Management
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There are no financial impacts to the District for adopting Resolution No. 2022-971.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the August 29, 2022 regular Board Meeting at
District Headquarters and on District website at www.cmsdca.gov.
Alternative Actions
1. Do not adopt Resolution No. 2022-970 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. 2022-970 and direct staff to report back with more information.
File Attachments
reso_2022-971_remote_meetings.docx (16 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 Aug 29, 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 2. Santa Ana River Flood Protection Agency (SARFPA) - (Director Perry)
Meeting Aug 29, 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 Aug 29, 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 Aug 29, 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 Aug 29, 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 Aug 29, 2022 - Board of Directors Regular Meeting
Access Public
Type
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L. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS
Subject 1. Oral Communications and Director Comments
Meeting Aug 29, 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, September 26, 2022
in the District's Boardroom, located at 290 Paularino Avenue, Costa Mesa, CA 92626.
Subject 1. Adjourn
Meeting Aug 29, 2022 - Board of Directors Regular Meeting
Access Public
Type Procedural