2022_09_26_boardMonday, September 26, 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 SEPTEMBER 26, 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.)
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 August 9, 2022
3. Approve the Board of Directors Regular Meeting Minutes of August 29, 2022
4. Approve the preparation of a warrant to CR Transfer in the amount of $206,727.59 for August 2022
recycling and disposal services in the September 2022 warrant register
5. Approve the Directors' Compensation and Reimbursement of Expenses
6. Approve Payroll Transparency Disclosure for August 2022
7. Adopt Warrant Resolution No. 2023-03 Approving District Warrant Registers
8. Accept the occupancy count as presented as 23,091 and direct staff to prepare a warrant to CR&R
Environmental Services for $246,004.59 for August 2022 collection
9. Receive and File the August 2022 Organics Tonnage Report
10. Receive and File the August 2022 Solid Waste Diversion Report
11. Receive and File Annual Report of Expenses- Fiscal Year 2021-22
12. Approve the Investment Report for the Month of August 2022
13. Receive and File August 2022 Contracts Signed by the General Manager
D. PUBLIC HEARINGS
E. GENERAL MANAGER'S REPORTS
1. Consider Appointing Two Board Members to Serve on the Policy Review Ad Hoc Committee
2. Receive and File Lessons Learned from City of Newport Beach SB 1383 Roll Out
F. ENGINEER'S REPORTS
G. TREASURER'S REPORTS
H. ATTORNEY'S REPORTS
1. Consider Adopting Resolution No. 2022-971 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
1. Consider Changing or Cancelling the October 11, 2022 Study Session
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
Monday, September 26, 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 SEPTEMBER 26, 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 Sep 26, 2022 - Board of Directors Regular Meeting
Access Public
Type Procedural
A. OPENING ITEMS
Subject 2. Pledge of Allegiance - President Ooten
Meeting Sep 26, 2022 - Board of Directors Regular Meeting
Access Public
Type Procedural
A. OPENING ITEMS
Subject 3. Invocation - Vice President Scheafer
Meeting Sep 26, 2022 - Board of Directors Regular Meeting
Access Public
Type Procedural
A. OPENING ITEMS
Robert Ooten, President
Michael Scheafer, Vice President
Arlene Schafer, Secretary
Arthur Perry, Director
Brett Eckles, Director
Subject 4. Roll Call - (If absences occur, consider whether to deem those
absences excused based on facts presented for the absence – such
determination shall be the permission required by law.)
Meeting Sep 26, 2022 - Board of Directors Regular Meeting
Access Public
Type Procedural
A. OPENING ITEMS
Subject 5. Announcement of Late Communications - Unless directed otherwise
by the Board of Directors, all actions shall be based on/memorialized
by the latest document submitted as a late communication.
Meeting Sep 26, 2022 - Board of Directors Regular Meeting
Access Public
Type Procedural
A. OPENING ITEMS
Subject 6. Ceremonial Matters and Presentations
Meeting Sep 26, 2022 - Board of Directors Regular Meeting
Access Public
Type Procedural
B. Public Comments - This time has been set aside for persons in the audience to
make comments on items within the subject matter jurisdiction of the Costa Mesa
Sanitary District that are not listed on this agenda. Members of the public will
have the opportunity to address the Board of Directors about all other items on
this agenda at the time those items are considered. Under the provisions of the
Brown Act, the Board of Directors is prohibited from taking action on oral
requests but may refer the matter to staff or to a subsequent meeting. The Board
of Directors will respond after public comment has been received. Please state
your name. Each speaker will be limited to four (4) continuous minutes.
Subject 1. Public Comments
Meeting Sep 26, 2022 - Board of Directors Regular Meeting
Access Public
Type Procedural
C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
Subject 1. Approve Consent Calendar
Meeting Sep 26, 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.
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: September 26, 2022
Subject: Approve the Board of Directors Study Session Minutes of August 9, 2022
Summary
The recorded minutes of the August 9, 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 August 9, 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
Subject 2. Approve the Board of Directors Study Session Minutes of August 9,
2022
Meeting Sep 26, 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 Aug 9, 2022 - Board of Directors Study Session
Copies of this report are on file and will be included in the complete agenda packet for the September 26, 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
minutes_2022_8_9_ss.pdf (121 KB)
All matters listed on the consent calendar are considered to be routine and may be acted upon by one
motion after public comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time
for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will
be limited to four (4) continuous minutes of comment on the consent calendar as a whole.
C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Gina Terraneo, Management Analyst II
Date: September 26, 2022
Subject: Approve the Board of Directors Regular Meeting Minutes of August 29, 2022
Summary
The recorded minutes of the August 29, 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 August 29, 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
Subject 3. Approve the Board of Directors Regular Meeting Minutes of August
29, 2022
Meeting Sep 26, 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 Aug 29, 2022 - Board of Directors Regular Meeting
Copies of this report are on file and will be included in the complete agenda packet for the September 26, 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
minutes_2022_8_29_rm.pdf (128 KB)
All matters listed on the consent calendar are considered to be routine and may be acted upon by one
motion after public comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time
for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will
be limited to four (4) continuous minutes of comment on the consent calendar as a whole.
C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
Type of Waste Invoice Tonnage Rate Amount Billed
Residential Waste - Newport Beach 43828 $56.52
Residential Waste - Costa Mesa 2,416.80 $56.52 $136,597.58*
Total Residential Waste
Organics Recycling Waste $77.77 $65,579.58*
Grand Total
Subject 4. Approve the preparation of a warrant to CR Transfer in the amount of
$206,727.59 for August 2022 recycling and disposal services in the
September 2022 warrant register
Meeting Sep 26, 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 $206,727.59 for August 2022 recycling and disposal
services to be ratified in the September 2022 warrant register.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Nabila Guzman, Management Analyst I
Date: September 26, 2022
Subject: Approve the preparation of a warrant to CR Transfer in the amount of $206,727.59 for August 2022
recycling and disposal services in the September 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.
80.51 $4,550.43
43827
2,497.31 $141,148.01
43863 843.25
Total Organics 843.25 $65,579.58
3,340.56 $206,727.59
Consideration of the CR Transfer 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.
Legal Review
Not Applicable
Environmental Review
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 September 26, 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.
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: September 26, 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 September 26, 2022 Board
of Directors Regular Meeting at District Headquarters and posted on the District’s website.
Subject 5. Approve the Directors' Compensation and Reimbursement of
Expenses
Meeting Sep 26, 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.
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_august_2022.pdf (1,060 KB)
All matters listed on the consent calendar are considered to be routine and may be acted upon by one
motion after public comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time
for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will
be limited to four (4) continuous minutes of comment on the consent calendar as a whole.
C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Autumn Alvarez, Accounting Clerk
Date: September 26, 2022
Subject: Approve Payroll Transparency Disclosure for August 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
Subject 6. Approve Payroll Transparency Disclosure for August 2022
Meeting Sep 26, 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.
Copies of this report are on file and will be included with the complete agenda packet for the September 26, 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
Payroll Transparency Disclosure August 2022.pdf (1,678 KB)
All matters listed on the consent calendar are considered to be routine and may be acted upon by one
motion after public comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time
for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will
be limited to four (4) continuous minutes of comment on the consent calendar as a whole.
C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Autumn Alvarez, Accounting Clerk
Date: September 26, 2022
Subject: Adopt Warrant Resolution No. 2023-03 Approving District Warrant Registers
Summary
Attached is the Warrant Resolution, which ratifies the payment of certain claims and demands and specifies the funds
from which they were paid.
Recommendation
That the Board of Directors approve and file the report.
Analysis
Attached is the Warrant Resolution, which ratifies the payment of certain claims and demands and specifies the funds
from which they were paid.
Legal Review
Not Applicable.
Environmental Review
Subject activity is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public
Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own
procedures “to list those specific activities which fall within each of the exempt classes”, and the District has adopted
“CEQA Guidelines and Implementing Procedures” that state on page 6 “”Projects” does not include .... C. Continuing
administrative or maintenance activities."
Financial Review
Sufficient funds are available in the adopted budget.
Subject 7. Adopt Warrant Resolution No. 2023-03 Approving District Warrant
Registers
Meeting Sep 26, 2022 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Budgeted Yes
Recommended
Action
That the Board of Directors adopt Warrant Resolution No. 2023-03 approving
District warrants for the month of August in the amount of $838,579.15.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the September 26, 2022
Board of Directors Regular meeting at District Headquarters and posted on the District’s website www.cmsdca.gov.
Alternative Actions
Refer item back to staff with further instructions.
File Attachments
WARRANT RESO 2023-03.pdf (604 KB)
All matters listed on the consent calendar are considered to be routine and may be acted upon by one
motion after public comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time
for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will
be limited to four (4) continuous minutes of comment on the consent calendar as a whole.
C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Nabila Guzman, Management Analyst I
Date: September 26, 2022
Subject: Accept the occupancy count as presented as 23,091 and direct staff to prepare a warrant to CR&R
Environmental Services for $246,004.59 for September 2022 collection.
Summary
Accept the occupancy count as presented using 23,091 as the correct number of active units and direct staff to
prepare a warrant to CR&R Environmental Services for August 2022 collection based on this occupancy report so
long as the contractor fulfills the obligations of the agreement in the amount of $246,004.59 to be ratified in the
September 2022 warrant list.
Recommendation
That the Board of Directors accept the occupancy count as presented using 23,091 as the correct number of active
units and direct staff to prepare a warrant to CR&R Environmental Services for August 2022 collection based on this
occupancy report so long as the contractor fulfills the obligations of the agreement in the amount of $246,004.59 to
be ratified in the September 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 August 31, 2022, total District occupancy was at 23,091 with three (3) new accounts added and one (1) account
removed since the last billing period. District staff will continue to track the number of new service addresses.
Subject 8. Accept the occupancy count as presented as 23,091 and direct staff
to prepare a warrant to CR&R Environmental Services for $246,004.59
for August 2022 collection
Meeting Sep 26, 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
23,091 as the correct number of active units and direct staff to prepare a
warrant to CR&R Environmental Services for August 2022 collection based on
this occupancy report so long as the contractor fulfills the obligations of the
agreement in the amount of $246,004.59 to be ratified in the September 2022
warrant list.
The payment calculation is based on the following:
District's Current Rate for August 2022:
23,091 x $10.6537 =$246,004.59
Legal Review
Not Applicable
Environmental Review
Consideration of the Occupancy 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
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 September 26, 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
Occupancy Report.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.
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: September 26, 2022
Subject: Receive and File the August 2022 Organics Tonnage Report
Summary
A total of 843.25 tons of organic waste were collected in August 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 August 2022 Organics Tonnage Report
Meeting Sep 26, 2022 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Recommended
Action
That the Board of Directors receive and file this report.
Legal Review
Not applicable.
Environmental Review
Consideration of the Organics Tonnage Report is an administrative matter and not a disturbance of the environment
similar to grading or construction and not a project under CEQA or the District’s CEQA Guidelines.
Financial Review
Not applicable.
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the September 26, 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
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.
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: September 26, 2022
Subject: Receive and File the August 2022 Solid Waste Diversion Report
Summary
A total of 2,497.31 tons of solid waste were collected and recycled in August 2022. 50.1% of recyclable products
(newspaper, cardboard, glass, aluminum, etc.) were diverted from landfills. In addition, a total of 843 tons of organics
were collected. Of the 843 tons, 804 tons was converted into Renewable Natural Gas through CR&R's anaerobic
digestion facility in Perris bringing the total diversion from landfills at 61.5% in the month of August.
Recommendation
That the Board of Directors receive and file this report.
Analysis
2021-22 mixed waste tonnage is the lowest tonnage ever collected by CR&R. The trend is appearing to continue in
2022-23 where mixed waste tonnage has decreased 20% when compared to July and August 2020-21 tonnage. Staff
is still investigating what might be the cause(s) for decreasing mixed waste tonnage.
Subject 10. Receive and File the August 2022 Solid Waste Diversion Report
Meeting Sep 26, 2022 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Recommended
Action
That the Board of Directors receive and file this report.
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 September 26, 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 (45 KB)
All matters listed on the consent calendar are considered to be routine and may be acted upon by one
motion after public comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time
for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will
be limited to four (4) continuous minutes of comment on the consent calendar as a whole.
C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Lieu Tran, Accountant
Date: September 26, 2022
Subject: Receive and File Annual Report of Expenses- Fiscal Year 2021-22
Summary
California Government Code requires special districts to disclose, at least annually, any reimbursement paid by the
District of at least $100 for each individual charge for services or products received by a Board Member or Staff. The
Annual Report of Expenses for Fiscal Year 2021-22 is provided as Attachment A of this report.
Recommendation
Staff recommends that the Board of Directors receive and file the Annual Report of Expenses for the Fiscal Year
2021-22.
Analysis
Section 53065.5 of the California Government Code states that “Each special district, as defined by subdivision (a) of
Section 56036, shall, at least annually, disclose any reimbursement paid by the district within the immediately
preceding fiscal year of at least one hundred dollars ($100) for each individual charge for services or product
received. "Individual charge" includes, but is not limited to, one meal, lodging for one day, transportation, or a
registration fee paid to any employee or member of the governing body of the district. The disclosure requirement
shall be fulfilled by including the reimbursement information in a document published or printed at least annually by a
date determined by that district and shall be made available for public inspection.” Attached is the Annual Report of
Expenses for the Fiscal Year 2021-22 which will be published on the District's website under the Transparency tab.
Legal Review
Not applicable.
Environmental Review
Subject 11. Receive and File Annual Report of Expenses- Fiscal Year 2021-22
Meeting Sep 26, 2022 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Budgeted Yes
Recommended
Action
Staff recommends that the Board of Directors receive and file the Annual Report
of Expenses for the Fiscal Year 2021-22.
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
It is the policy of the District to encourage and promote training and educational opportunities for all District
employees so that the services they render to the District may be made more effective. Attendance at educational
seminars, conferences and meetings by Board Members and/or Staff are also encouraged to monitor new legal
requirements and technological advancements in the solid and wastewater industries. The reimbursement of
approved training, travel and other work related expenses are dictated by the CMSD Employee Handbook, Policy 2.4
and the Operations Code, Section 3.01.090; Conferences, Travel and Expenses. The $16,247.09 of reimbursements
reported on Attachment A have met the requirements outlined above. The Annual Report of Expenses are included
on the District's website under the Transparency tab.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the September 26, 2022 regular
Board of Directors meeting at District Headquarters and on District’s website www.cmsdca.gov.
Alternative Actions
Refer the matter back to staff.
File Attachments
Annual Report of Expenses FY21-22 Attachment A.pdf (385 KB)
All matters listed on the consent calendar are considered to be routine and may be acted upon by one
motion after public comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time
for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will
be limited to four (4) continuous minutes of comment on the consent calendar as a whole.
C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
To: Board of Directors
From: Marc Davis, District Treasurer
Date: September 26, 2022
Subject: Approve the Investment Report for the Month of August 2022
Summary
Attached is the Investment Report for the month of August 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 August 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 August 31, 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 August 31, 2022,
was 1.087%. The yield to maturity of the portfolio was 1.088%. The District’s weighted average interest rate was 19
basis points (0.189%) below the LAIF average monthly rate for August of 1.276%. The weighted average number of
days to maturity for the District’s total portfolio was 891 days (2.44 years). The duration of the underlying securities in
LAIF as of August 31, 2022 was 304 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
August 31, 2022 was 27.57%. The District has adequate cash reserves necessary to meet its obligations for the next
six months.
Subject 12. Approve the Investment Report for the Month of August 2022
Meeting Sep 26, 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
August 2022.
Goals 8.0 Finance
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. 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 August 31,
2022, the portfolio has earned a weighted average interest rate of 1.021%.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the September 26, 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 - August 2022.pdf (418 KB)
All matters listed on the consent calendar are considered to be routine and may be acted upon by one
motion after public comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time
for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will
be limited to four (4) continuous minutes of comment on the consent calendar as a whole.
C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
To: Board of Directors
From: Scott Carroll, General Manager
Date: September 26, 2022
Subject: Receive and File August 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 August 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 August 2022:
Contracts
Management Partners: Executive Coaching for staff - $8,500.00
Purchase Orders
Theodore Robins Ford: 2022 F150 Ford Pick-up for Wastewater Department Operations - $43,685.21
Seen Outfitting: #1070 Arrow Board & Strobe Emergency Lighting for Ford 2022 F150 Pick-up truck -
$8,652.33
EJ USA: Replace existing steel manholes with composite Manhole Sets (25) - $26,484.04
Legal Review
All contracts are reviewed and approved by District Counsel before contracts are executed.
Subject 13. Receive and File August 2022 Contracts Signed by the General
Manager
Meeting Sep 26, 2022 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Fiscal Impact No
Budgeted Yes
Recommended
Action
That the Board of Directors receive and file this report.
Goals 6.0 Administrative Management
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 September 26, 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.
E. GENERAL MANAGER'S REPORTS
To: Board of Directors
From: Scott Carroll, General Manager
Date: September 26, 2022
Subject: Consider Appointing Two Board Members to Serve on the Policy Review Ad Hoc Committee
Summary
The Board of Directors will form a temporary ad hoc committee to review District policies and ordinances to ensure
the documents are up to date with existing laws and District procedures. The last time the Board formed an ad hoc
committee to review policies and ordinances was in 2019.
Recommendation
That the Board of Directors appoint two members to serve on the Policy Review Ad Hoc Committee
Analysis
The Costa Mesa Sanitary District has three policy manuals.
1. The Administrative Regulations, which are internal procedures for administrative operations. The procedures
apply to staff only. The General Manager has the authority to approve new and/or amended administrative
polices, in accordance with Operations Code Section 3.02.060.
2. The Operations Code are local laws adopted by the Board of Directors and it’s these codes that govern CMSD.
The Operations Code applies to staff, the Board of Directors and CMSD residents.
3. The Employee Handbook is a book of rules, policies and procedures regarding personnel matters such as
recruitment, compensation and benefits, behavior standards and safety measures. The General Manager has
authority to amend some policies in the handbook, but portions of the handbook are approved by the Board as
well (e.g. compensation and benefits).
The Committee will review all three manuals and report back to the Citizens Advisory Committee, and eventually the
Board, with their recommended amendments. In 2019, Vice President Scheafer and Director Perry served on the
Policy Review Ad Hoc Committee.
On September 14, 2022, the Citizens Advisory Committee appointed Sue Lester and Dean Fisher to serve on the ad
hoc committee.
Subject 1. Consider Appointing Two Board Members to Serve on the Policy
Review Ad Hoc Committee
Meeting Sep 26, 2022 - Board of Directors Regular Meeting
Access Public
Type Action
Fiscal Impact No
Recommended
Action
That the Board of Directors appoint two members to serve on the Policy Review
Ad Hoc Committee
Goals 6.0 Administrative Management
6.3 Administrative Management - Plan periodic reviews and updates of
District policies and procedures
Legal Review
Not applicable at this time; however, District Counsel will provide comments to the Committee's suggested
amendments.
Environmental Review
Revising subject documents is an administrative matter and is categorically exempt under the California
Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows
an agency while establishing its own procedures “to list those specific activities which fall within each of the exempt
classes”, and the District has adopted “CEQA Guidelines and Implementing Procedures” that state on page 6
“”Projects” does not include …. C. Continuing administrative or maintenance activities.”
Financial Review
There are not financial impacts to the District for reviewing and updating District policies and ordinances.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the September 26, 2022
Board of Directors meeting at District Headquarters and posted on the District’s website.
Alternative Actions
1. Direct staff to report back with more information
E. GENERAL MANAGER'S REPORTS
To: Board of Directors
From: Scott Carroll, General Manager
Date: September 26, 2022
Subject: Receive and File Lessons Learned from City of Newport Beach SB 1383 Roll Out
Summary
In January 2022, the City of Newport Beach entered into a new waste and recycling contract with CR&R
Environmental Services to cover the City's expanded recycling program. Due to SB 1383 mandating residential
recycling of organic waste, from February to April 2022, CR&R delivered green-top carts for organic waste disposal to
all residential homes.
Recommendation
That the Board of Director receive and file this report.
Analysis
In January 2022, the City of Newport Beach entered into a new waste and recycling contract with CR&R
Environmental Services to cover the City's expanded recycling program. Due to SB 1383 mandating residential
recycling of organic waste, from February to April 2022, CR&R delivered green-top carts for organic waste disposal to
all residential homes.
Tonight, the Board will receive an oral report from Mike Carey, CR&R's Senior Sustainability Manager, on the lessons
learned for rolling out the organics recycling program in the City of Newport Beach and he will describe how well
residents are accepting the new program. Mr. Carey will will also provide the Board with
recommendations/suggestions to help ensure the District remains in compliance with SB 1383.
Legal Review
Not applicable
Environmental Review
Complying to the requirements of SB 1383, which requires that organics be processed in a more environmentally
friendly manner (which will reduce greenhouse gas emissions) would be exempt from CEQA review by 14 Cal Code
Regs §15308, as an action by a regulatory agency to protect the environment. Save the Plastic Bag Coalition v.
County of Marin (2013) 218 Cal. App. 4 209.)
Financial Review
There are no financial impacts to the District for sharing lessons learned from the City of Newport Beach Organics
Recycling Program.
Public Notice Process
Subject 2. Receive and File Lessons Learned from City of Newport Beach SB
1383 Roll Out
Meeting Sep 26, 2022 - Board of Directors Regular Meeting
Access Public
Type Discussion
Goals 2.0 Solid Waste
th
Copies of this report are on file and will be included with the complete agenda packet for the September 26, 2022
Board of Directors meeting held via teleconference and posted on the District’s website.
Alternative Actions
1. Direct staff to report back with more information
H. ATTORNEY'S REPORTS
To: Board of Directors
From: Alan Burns, District Counsel
Date: September 26, 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.
Subject 1. Consider Adopting Resolution No. 2022-971 Authorizing Remote
Meetings
Meeting Sep 26, 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
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
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 September 26, 2022 regular
Board Meeting at District Headquarters and on District website at www.cmsdca.gov.
Alternative Actions
1. Do not adopt Resolution No. 2022-971 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. 2022-971 and direct staff to report back with more information.
File Attachments
reso_2022-9___remote_meetings.pdf (114 KB)
I. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is
required to be given by a Director for any meeting for which expense
reimbursement of any kind is provided. Note: For meetings for which the per
diem compensation is sought, the Operations Code provides that such
compensation is authorized for each day’s service rendered as a Director at the
request of the Board (not to exceed six days in one month), and certain meetings
are specified as being eligible as set forth in District Operations Code §
3.01.030. For meetings not so listed, the Board must approve the service for it to
be eligible for the per day compensation.
Subject 1. Orange County Sanitation District (OCSD) - (President Ooten)
Meeting Sep 26, 2022 - Board of Directors Regular Meeting
Access Public
Type
I. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is
required to be given by a Director for any meeting for which expense
reimbursement of any kind is provided. Note: For meetings for which the per
diem compensation is sought, the Operations Code provides that such
compensation is authorized for each day’s service rendered as a Director at the
request of the Board (not to exceed six days in one month), and certain meetings
are specified as being eligible as set forth in District Operations Code §
3.01.030. For meetings not so listed, the Board must approve the service for it to
be eligible for the per day compensation.
Subject 2. Santa Ana River Flood Protection Agency (SARFPA) - (Director Perry)
Meeting Sep 26, 2022 - Board of Directors Regular Meeting
Access Public
Type
I. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is
required to be given by a Director for any meeting for which expense
reimbursement of any kind is provided. Note: For meetings for which the per
diem compensation is sought, the Operations Code provides that such
compensation is authorized for each day’s service rendered as a Director at the
request of the Board (not to exceed six days in one month), and certain meetings
are specified as being eligible as set forth in District Operations Code §
3.01.030. For meetings not so listed, the Board must approve the service for it to
be eligible for the per day compensation.
Subject 3. Independent Special Districts of Orange County (ISDOC) - (Secretary
Schafer)
Meeting Sep 26, 2022 - Board of Directors Regular Meeting
Access Public
Type
I. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is
required to be given by a Director for any meeting for which expense
reimbursement of any kind is provided. Note: For meetings for which the per
diem compensation is sought, the Operations Code provides that such
compensation is authorized for each day’s service rendered as a Director at the
request of the Board (not to exceed six days in one month), and certain meetings
are specified as being eligible as set forth in District Operations Code §
3.01.030. For meetings not so listed, the Board must approve the service for it to
be eligible for the per day compensation.
Subject 4. California Special Districts Association (CSDA) - (Secretary Schafer)
Meeting Sep 26, 2022 - Board of Directors Regular Meeting
Access Public
Type
I. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is
required to be given by a Director for any meeting for which expense
reimbursement of any kind is provided. Note: For meetings for which the per
diem compensation is sought, the Operations Code provides that such
compensation is authorized for each day’s service rendered as a Director at the
request of the Board (not to exceed six days in one month), and certain meetings
are specified as being eligible as set forth in District Operations Code §
3.01.030. For meetings not so listed, the Board must approve the service for it to
be eligible for the per day compensation.
Subject 5. Special District Risk Management Authority (SDRMA) - (Vice
President Scheafer)
Meeting Sep 26, 2022 - Board of Directors Regular Meeting
Access Public
Type
I. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is
required to be given by a Director for any meeting for which expense
reimbursement of any kind is provided. Note: For meetings for which the per
diem compensation is sought, the Operations Code provides that such
compensation is authorized for each day’s service rendered as a Director at the
request of the Board (not to exceed six days in one month), and certain meetings
are specified as being eligible as set forth in District Operations Code §
3.01.030. For meetings not so listed, the Board must approve the service for it to
be eligible for the per day compensation.
Subject 6. Other Meetings Qualifying for Reimbursement under CMSD Ordinance
No. 55, Operations Code Section 3.01.030
Meeting Sep 26, 2022 - Board of Directors Regular Meeting
Access Public
Type
K. NEW BUSINESS
Subject 1. Consider Changing or Cancelling the October 11, 2022 Study Session
Meeting Sep 26, 2022 - Board of Directors Regular Meeting
Access Public
Type
L. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS
Subject 1. Oral Communications and Director Comments
Meeting Sep 26, 2022 - Board of Directors Regular Meeting
Access Public
Type Discussion
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,
October 24, 2022 in the District's Boardroom, located at 290 Paularino Avenue, Costa Mesa, CA 92626.
Subject 1. Adjourn
Meeting Sep 26, 2022 - Board of Directors Regular Meeting
Access Public
Type Procedural