2022_11_28_board11/22/22, 4:08 PM BoardDocs® Pro
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Monday, November 28, 2022
Board of Directors Regular Meeting
Time: 4:30 p.m.
Location: Costa Mesa Sanitary District - 290 Paularino Ave., Costa Mesa, CA 92626
***
IMPORTANT NOTICE REGARDING THE NOVEMBER 28, 2022 REGULAR BOARD MEETING
This hybrid in-person and teleconferenced meeting will utilize electronic means consistent with
State of California Assembly Bill 361 (Gov. Code § 54953(b)(3)).
***
The livestream of the meeting can be viewed by clicking the "Video" icon on this page (which will be
made available at the start of the meeting) or by visiting www.youtube.com/CostaMesaSanitary.
***
To participate in the meeting by computer:
1. Copy and paste the following into your browser - https://us02web.zoom.us/join
2. Enter the Meeting ID number - 817 1601 6634
3. Click "Join."
***
To join the meeting with a mobile device:
1. Download the Zoom app at the Google Play Store (for Android devices) or the App Store (for
Apple devices)
2. Open the Zoom app. Select "Join a Meeting."
3. Enter Zoom Meeting ID. Select "Join Meeting."
***
To join the meeting by phone:
1. Call 1-669-900-6833.
2. You will be asked to enter the Meeting ID number. Dial 817 1601 6634#
3. Lastly, you will be asked to enter your Participant ID. Press the # symbol again to bypass this
step.
***
Public Comments: Members of the public can submit any comments in real time during the meeting
or prior to the meeting in writing for the Board of Directors' consideration by sending them to the
District Clerk, Noelani Middenway, at nmiddenway@cmsdca.gov. Those comments will be made part
of the official public record of the meeting.
***
Obtaining Agenda Materials: The public is entitled to copies of all documents that are made part of
the agenda packet. If any document or other writing pertaining to an agenda item is distributed to
all or a majority of the Board after the packet is prepared, a copy of that writing may be obtained
from the District Clerk's Office.
***
In Compliance with ADA: Contact District Clerk, Noelani Middenway, at (949) 645-8400, 48 hours
prior to meeting if assistance is needed (28 CFR 35.102.35.104 ADA Title II).
A. OPENING ITEMS
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 October 13, 2022
3. Approve the Board of Directors Regular Meeting Minutes of October 24, 2022
4. Approve the Directors' Compensation and Reimbursement of Expenses
5. Approve the preparation of a warrant to CR Transfer in the amount of $195,072.70 for October 2022 recycling and
disposal services in the November 2022 warrant register
6. 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 October 2022 collection
7. Receive and File the October 2022 Organics Tonnage Report
8. Receive and File the October 2022 Solid Waste Diversion Report
9. Receive and File October 2022 Contracts Signed by the General Manager
10. Approve Payroll Transparency Disclosure for October 2022
11. Adopt Warrant Resolution No. CMSD 2023-05 Approving District Warrant Registers
12. Approve the Investment Report for the Month of October 2022
D. PUBLIC HEARINGS
E. GENERAL MANAGER'S REPORTS
1. Carryover Appropriations and Carryover Encumbrances from Fiscal Year 2021-22 to Fiscal Year 2022-23
2. Receive and File the First Quarter Budget Review for FY 2022-23
3. Receive and File Fiscal Year 2021-22 Annual Compliance Report for Requirements of Government Code Section 66013
(d) for Capacity Charges.
4. CR&R Proposed Flat Rate vs. Per Tonnage Rate
5. Receive and File FY 2021-22 CR&R Performance Review
6. Second Review of Draft Agreement Amendment with CR&R Incorporated
7. Authorize Staff to Solicit RFPs for Constructing Project #342 - Drought Tolerant Landscape at CMSD Headquarter
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8. Consider Relocating U.S Flag Drop-Off Box to Costa Mesa - Mesa Verde Library
F. ENGINEER'S REPORTS
1. Receive and File the Capital Improvement Status Report
2. Fiscal Year 2022-23 Capital Outlay Budget Adjustments, New Project #343 Elden Emergency Bypass Pumping
Improvements, New Project #344 Redhill #149671 Sewer Grade 5 Replacement, and Asset Management Fund Transfer
for Project # 341 Elden FM Redundancy
G. TREASURER'S REPORTS
H. ATTORNEY'S REPORTS
1. Consider Adopting Resolution No. 2022-974 Authorizing Remote Meetings
I. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is required to be given by a
Director for any meeting for which expense reimbursement of any kind is provided. Note: For meetings for
which the per diem compensation is sought, the Operations Code provides that such compensation is
authorized for each day’s service rendered as a Director at the request of the Board (not to exceed six
days in one month), and certain meetings are specified as being eligible as set forth in District Operations
Code § 3.01.030. For meetings not so listed, the Board must approve the service for it to be
eligible for the per day compensation.
1. Orange County Sanitation District (OCSD) - (President Ooten)
2. Santa Ana River Flood Protection Agency (SARFPA) - (Director Perry)
3. Independent Special Districts of Orange County (ISDOC) - (Secretary Schafer)
4. California Special Districts Association (CSDA) - (Secretary Schafer)
5. Special District Risk Management Authority (SDRMA) - (Vice President Scheafer)
6. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55, Operations Code Section 3.01.030
J. OLD BUSINESS
K. NEW BUSINESS
L. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS
1. Oral Communications and Director Comments
M. ADJOURN TO CLOSED SESSION
N. RECONVENE TO OPEN SESSION
O. CLOSING ITEMS
1. Adjourn
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Monday, November 28, 2022
Board of Directors Regular Meeting
Time: 4:30 p.m.
Location: Costa Mesa Sanitary District - 290 Paularino Ave., Costa Mesa, CA 92626
***
IMPORTANT NOTICE REGARDING THE NOVEMBER 28, 2022 REGULAR BOARD MEETING
This hybrid in-person and teleconferenced meeting will utilize electronic means consistent with
State of California Assembly Bill 361 (Gov. Code § 54953(b)(3)).
***
The livestream of the meeting can be viewed by clicking the "Video" icon on this page (which will be
made available at the start of the meeting) or by visiting www.youtube.com/CostaMesaSanitary.
***
To participate in the meeting by computer:
1. Copy and paste the following into your browser - https://us02web.zoom.us/join
2. Enter the Meeting ID number - 817 1601 6634
3. Click "Join."
***
To join the meeting with a mobile device:
1. Download the Zoom app at the Google Play Store (for Android devices) or the App Store (for
Apple devices)
2. Open the Zoom app. Select "Join a Meeting."
3. Enter Zoom Meeting ID. Select "Join Meeting."
***
To join the meeting by phone:
1. Call 1-669-900-6833.
2. You will be asked to enter the Meeting ID number. Dial 817 1601 6634#
3. Lastly, you will be asked to enter your Participant ID. Press the # symbol again to bypass this
step.
***
Public Comments: Members of the public can submit any comments in real time during the meeting
or prior to the meeting in writing for the Board of Directors' consideration by sending them to the
District Clerk, Noelani Middenway, at nmiddenway@cmsdca.gov. Those comments will be made part
of the official public record of the meeting.
***
Obtaining Agenda Materials: The public is entitled to copies of all documents that are made part of
the agenda packet. If any document or other writing pertaining to an agenda item is distributed to
all or a majority of the Board after the packet is prepared, a copy of that writing may be obtained
from the District Clerk's Office.
***
In Compliance with ADA: Contact District Clerk, Noelani Middenway, at (949) 645-8400, 48 hours
prior to meeting if assistance is needed (28 CFR 35.102.35.104 ADA Title II).
A. OPENING ITEMS
Subject 1. Call to Order - President Ooten
Meeting Nov 28, 2022 - Board of Directors Regular Meeting
Type Procedural
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A. OPENING ITEMS
Subject 2. Pledge of Allegiance - President Ooten
Meeting Nov 28, 2022 - Board of Directors Regular Meeting
Type Procedural
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A. OPENING ITEMS
Subject 3. Invocation - Vice President Scheafer
Meeting Nov 28, 2022 - Board of Directors Regular Meeting
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 Nov 28, 2022 - Board of Directors Regular Meeting
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 Nov 28, 2022 - Board of Directors Regular Meeting
Type Procedural
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A. OPENING ITEMS
Subject 6. Ceremonial Matters and Presentations
Meeting Nov 28, 2022 - Board of Directors Regular Meeting
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 Nov 28, 2022 - Board of Directors Regular Meeting
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 Nov 28, 2022 - Board of Directors Regular Meeting
Type Action (Consent)
Recommended Action That the Board of Directors approve the Consent Calendar as presented.
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after
public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is
waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent
calendar as a whole.
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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: November 28, 2022
Subject: Approve the Board of Directors Study Session Minutes of October 13, 2022
Summary
The recorded minutes of the October 13, 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 October 13, 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 November 28, 2022 Board of Directors
Regular Meeting at District Headquarters and posted on the District’s website.
Alternative Actions
1. Do not approve the meeting minutes as presented.
2. Direct staff to report back with more information.
File Attachments
minutes_2022_10_13_ss.pdf (101 KB)
Subject 2. Approve the Board of Directors Study Session Minutes of October 13, 2022
Meeting Nov 28, 2022 - Board of Directors Regular Meeting
Type Action (Consent), Minutes
Recommended Action That the Board of Directors approve the meeting minutes as presented.
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Workflow
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after
public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is
waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent
calendar as a whole.
Workflow Nov 18, 2022 2:19 PM :: Submitted by Gina Terraneo. Routed to Lucy Jacobo for approval.
Nov 22, 2022 12:15 PM :: Approved by Lucy Jacobo. Routed to Scott Carroll for approval.
Nov 22, 2022 12:49 PM :: Forced Approval by Noelani Middenway as the document publisher.
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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: November 28, 2022
Subject: Approve the Board of Directors Regular Meeting Minutes of October 24, 2022
Summary
The recorded minutes of the October 24, 2022 Board of Directors Regular Meeting are hereby submitted to the Board of Directors for
review and approval.
Staff Recommendation
That the Board of Directors approve the meeting minutes as presented.
Analysis
Attached to the staff report are the minutes for the Board of Directors Regular Meeting on October 24, 2022.
Legal Review
Not applicable.
Environmental Review
Consideration of public meeting minutes is an administrative matter and is exempt from the requirements of the California Environmental
Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its
own procedures “to list those specific activities which fall within each of the exempt classes”, and the District has adopted “CEQA
Guidelines and Implementing Procedures” that state on page 6 ”Projects” does not include …. C. Continuing administrative or
maintenance activities.”
Financial Review
Not applicable.
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the November 28, 2022 Board of Directors Regular
Meeting at District Headquarters and posted on the District’s website.
Alternative Actions
1. Do not approve the meeting minutes as presented.
2. Direct staff to report back with more information.
File Attachments
minutes_2022_10_24_rm.pdf (135 KB)
Subject 3. Approve the Board of Directors Regular Meeting Minutes of October 24, 2022
Meeting Nov 28, 2022 - Board of Directors Regular Meeting
Type Action (Consent), Minutes
Recommended Action That the Board of Directors approve the meeting minutes as presented.
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Workflow
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after
public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is
waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent
calendar as a whole.
Workflow Nov 18, 2022 3:15 PM :: Submitted by Gina Terraneo. Routed to Lucy Jacobo for approval.
Nov 22, 2022 12:51 PM :: Approved by Lucy Jacobo. Routed to Scott Carroll for approval.
Nov 22, 2022 3:13 PM :: Forced Approval by Noelani Middenway as the document publisher.
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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/PIO
Date: November 28, 2022
Subject: Directors' Compensation and Reimbursement of Expenses
Summary
The Directors' Compensation and Reimbursement of Expenses are hereby submitted to the Board of Directors for review and approval.
Analysis
Attached to the staff report are the Directors' Compensation and Reimbursement of Expenses.
Staff Recommendation
That the Board of Directors approve the compensation and reimbursement of expenses as presented.
Legal Review
Not applicable.
Environmental Review
Consideration of the compensation and reimbursement of expenses is an administrative matter and is exempt from the requirements of
the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an
agency while establishing its own procedures “to list those specific activities which fall within each of the exempt classes”, and the District
has adopted “CEQA Guidelines and Implementing Procedures” that state on page 6. "Projects” does not include …. C. Continuing
administrative or maintenance activities.”
Financial Review
Not applicable.
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the November 28, 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_pr_october2022.pdf (287 KB)
Subject 4. Approve the Directors' Compensation and Reimbursement of Expenses
Meeting Nov 28, 2022 - Board of Directors Regular Meeting
Type Action (Consent)
Recommended Action That the Board of Directors approve the compensation and reimbursement of expenses as
presented.
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All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after
public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is
waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent
calendar as a whole.
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C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Nabila Guzman, Management Analyst I
Date: November 28, 2022
Subject: Approve the preparation of a warrant to CR Transfer in the amount of $for October 2022 recycling and
disposal services in the November 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 $195,072.70 for October 2022
recycling and disposal services to be ratified in the November 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.
Legal Review
Not Applicable
Environmental Review
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.
Financial Review
Subject 5. Approve the preparation of a warrant to CR Transfer in the amount of
$195,072.70 for October 2022 recycling and disposal services in the November
2022 warrant register
Meeting Nov 28, 2022 - Board of Directors Regular Meeting
Type Action (Consent)
Recommended Action That the Board of Directors approves the preparation of a warrant to CR Transfer in the
amount of $195,072.70 for October 2022 recycling and disposal services to be ratified in the
November 2022 warrant register.
195,072.70
Type of Waste Invoice Tonnage Rate Amount Billed
Residential Waste - Newport Beach 44021 73.12 $56.52 $4,132.74
Residential Waste - Costa Mesa 44020 2,256.62 $56.52 $127,544.16*
Total Residential Waste 2,329.74 $131,676.90
Organics Recycling Waste 44055 815.17 $77.77 $63,395.80*
Total Organics 815.17 $63,395.80
Grand Total 3,144.91 $195,072.70
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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 November 28, 2022 Board of Directors
regular meeting at District Headquarters and posted on the District’s website at www.cmsdca.gov.
Alternative Action
Refer item back to staff with further instructions.
Workflow
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after
public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is
waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent
calendar as a whole.
Workflow Nov 16, 2022 6:14 PM :: Submitted by Nabila Guzman. Routed to Kaitlin Tran for approval.
Nov 16, 2022 7:16 PM :: Approved by Kaitlin Tran. Routed to Scott Carroll for approval.
Nov 17, 2022 2:47 PM :: Approved by Scott Carroll. Routed to Noelani Middenway for
approval.
Nov 22, 2022 10:55 AM :: Final approval by Noelani Middenway
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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: November 28, 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 October 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 October 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 November 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 October 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 November 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 October 31, 2022, total District occupancy was at 23,091 with no new accounts added or deleted 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 October 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.
Subject 6. 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 October 2022
collection
Meeting Nov 28, 2022 - Board of Directors Regular Meeting
Type Action (Consent)
Recommended Action That the Board of Directors accept the occupancy count as presented using 23,091 as the
correct number of active units and direct staff to prepare a warrant to CR&R Environmental
Services for October 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
November 2022 warrant list.
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Public Notice Process
Copies of this Staff Board report are on file and will be included with the entire agenda packet for November 28, 2022, Regular Board
meeting at District Headquarters and on the District website at www.cmsdca.gov.
Alternative Actions
Refer item back to staff with further instructions.
File Attachments
2022-10-G CMSD Occupancy Report.pdf (61 KB)
Workflow
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after
public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is
waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent
calendar as a whole.
Workflow Nov 14, 2022 5:15 PM :: Submitted by Nabila Guzman. Routed to Kaitlin Tran for approval.
Nov 14, 2022 6:23 PM :: Approved by Kaitlin Tran. Routed to Scott Carroll for approval.
Nov 16, 2022 12:31 PM :: Approved by Scott Carroll. Routed to Noelani Middenway for
approval.
Nov 22, 2022 10:55 AM :: Final approval by Noelani Middenway
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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: November 28, 2022
Subject: Receive and File the Organics 2022 Organics Tonnage Report
Summary
A total of 815.17 tons of organic waste were collected in October 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 7. Receive and File the October 2022 Organics Tonnage Report
Meeting Nov 28, 2022 - Board of Directors Regular Meeting
Type Action (Consent)
Recommended Action That the Board of Directors receive and file this report.
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Legal Review
Not applicable.
Environmental Review
Consideration of the Organics Tonnage Report is an administrative matter and not a disturbance of the environment similar to grading or
construction and not a project under CEQA or the District’s CEQA Guidelines.
Financial Review
Not applicable.
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the November 28, 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 (13 KB)
Organics Tonnage.png (28 KB)
Workflow
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after
public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is
waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent
calendar as a whole.
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Workflow Nov 14, 2022 5:03 PM :: Submitted by Nabila Guzman. Routed to Scott Carroll for approval.
Nov 16, 2022 12:31 PM :: Approved by Scott Carroll. Routed to Noelani Middenway for
approval.
Nov 22, 2022 10:55 AM :: Final approval by Noelani Middenway
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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: November 28, 2022
Subject: Receive and File the October 2022 Solid Waste Diversion Report
Summary
A total of 1,945.09 tons of solid waste were collected and recycled in October 2022.
Recommendation
That the Board of Directors receive and file this report.
Analysis
A total of 1,945.09 tons of solid waste were collected and recycled in October 2022. This month, 62% of recyclable products (newspaper,
cardboard, glass, aluminum, etc.) and organic waste recycled were diverted away from landfills.
For the current fiscal year, a total of 7,962.18 tons of solid waste have been recycled and the District diversion rate is 61.49% for the last
three months.
Subject 8. Receive and File the October 2022 Solid Waste Diversion Report
Meeting Nov 28, 2022 - Board of Directors Regular Meeting
Type Action (Consent)
Recommended Action That the Board of Directors receive and file this report.
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Legal Review
Not applicable.
Environmental Review
Consideration of the Solid Waste Report is an administrative matter and not a disturbance of the environment similar to grading or
construction and not a project under CEQA or the District’s CEQA Guidelines.
Financial Review
Not applicable.
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the November 28, 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 (47 KB)
Workflow
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after
public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is
waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent
calendar as a whole.
Workflow Nov 14, 2022 5:48 PM :: Submitted by Nabila Guzman. Routed to Scott Carroll for approval.
Nov 16, 2022 12:31 PM :: Approved by Scott Carroll. Routed to Noelani Middenway for
approval.
Nov 22, 2022 10:55 AM :: Final approval by Noelani Middenway
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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 9. Receive and File October 2022 Contracts Signed by the General Manager
Meeting Nov 28, 2022 - Board of Directors Regular Meeting
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
To: Board of Directors
From: Scott Carroll, General Manager
Date: November 28, 2022
Subject: Receive and File October 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 October 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 October 2022:
Contracts
No contracts signed
Purchase Orders
Hadronex Inc.: High water warning system. Devices are installed underneath sewer manhole covers, hence the system is called,
"Smart Cover." Renewal & Warranty 2023 (14 manhole covers) – Cost: $21,658.00
Orange Coast Electric: Electrical Safety Course at sewer pump stations for wastewater department staff – Cost: $1,050.00
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 November 28, 2022 Board of Directors regular
meeting at District Headquarters and on District website at www.cmsdca.gov.
Alternative Actions
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Workflow
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.
Workflow Nov 10, 2022 5:47 PM :: Submitted by Scott Carroll. Routed to Noelani Middenway for
approval.
Nov 22, 2022 10:56 AM :: Final approval by Noelani Middenway
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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: November 28, 2022
Subject: Approve Payroll Transparency Disclosure for October 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 November 28, 2022 Board of Directors
Regular meeting at District Headquarters and posted on the District’s website www.cmsdca.gov.
Alternative Actions
Refer item back to staff with further instructions.
File Attachments
Payroll Transparency Disclosure for October 2022.pdf (1,471 KB)
Subject 10. Approve Payroll Transparency Disclosure for October 2022
Meeting Nov 28, 2022 - Board of Directors Regular Meeting
Type Action (Consent)
Fiscal Impact Yes
Budgeted Yes
Recommended Action That the Board of Directors approve and file the report.
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Workflow
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after
public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is
waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent
calendar as a whole.
Workflow Nov 10, 2022 1:37 PM :: Submitted by Autumn Alvarez. Routed to Kaitlin Tran for approval.
Nov 10, 2022 2:13 PM :: Rejected by Kaitlin Tran
Nov 10, 2022 2:32 PM :: Submitted by Autumn Alvarez. Routed to Kaitlin Tran for approval.
Nov 10, 2022 2:36 PM :: Approved by Kaitlin Tran. Routed to Scott Carroll for approval.
Nov 16, 2022 11:15 AM :: Approved by Scott Carroll. Routed to Noelani Middenway for
approval.
Nov 22, 2022 10:56 AM :: Final approval by Noelani Middenway
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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: November 28, 2022
Subject: Adopt Warrant Resolution No. CMSD 2023-05 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 November 28, 2022 Board of Directors
Regular meeting at District Headquarters and posted on the District’s website www.cmsdca.gov.
Alternative Actions
Refer item back to staff with further instructions.
Subject 11. Adopt Warrant Resolution No. CMSD 2023-05 Approving District Warrant
Registers
Meeting Nov 28, 2022 - Board of Directors Regular Meeting
Type Action (Consent)
Budgeted Yes
Recommended Action That the Board of Directors adopt Warrant Resolution No. CMSD 2023-05 approving District
warrants for the month of October in the amount of $1,222,157.26.
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File Attachments
WARRANT RESO 2023-05.pdf (502 KB)
Workflow
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after
public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is
waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent
calendar as a whole.
Workflow Nov 10, 2022 2:45 PM :: Submitted by Autumn Alvarez. Routed to Kaitlin Tran for approval.
Nov 14, 2022 1:26 PM :: Approved by Kaitlin Tran. Routed to Scott Carroll for approval.
Nov 16, 2022 11:16 AM :: Approved by Scott Carroll. Routed to Noelani Middenway for
approval.
Nov 22, 2022 10:54 AM :: Final approval by Noelani Middenway
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C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
To: Board of Directors
From: Marc Davis, District Treasurer
Date: November 28, 2022
Subject: Approve the Investment Report for the Month of October 2022
Summary
Attached is the Investment Report for the month of October 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 October 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 October 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 October 31, 2022, was 1.166%. The
yield to maturity of the portfolio was 1.168%. The District’s weighted average interest rate was 61 basis points (0.606%) below the LAIF
average monthly rate for October of 1.772%. The weighted average number of days to maturity for the District’s total portfolio was 933
days (2.56 years). The duration of the underlying securities in LAIF as of October 31, 2022 was 303 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 October 31, 2022 was 22.75%. 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.
The revenue dry period is from June through October.
Subject 12. Approve the Investment Report for the Month of October 2022
Meeting Nov 28, 2022 - Board of Directors Regular Meeting
Type Action (Consent)
Recommended Action That the Board of Directors approve the Investment Report for the month of October 2022.
Goals 8.0 Finance
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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 October 31, 2022, the portfolio
has earned a weighted average interest rate of 1.078%.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the November 28, 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 - October 2022.pdf (450 KB)
Workflow
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after
public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is
waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent
calendar as a whole.
Workflow Nov 22, 2022 3:42 PM :: Submitted by Marc Davis. Routed to Noelani Middenway for
approval.
Nov 22, 2022 3:43 PM :: Final approval by Noelani Middenway
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E. GENERAL MANAGER'S REPORTS
To: Board of Directors
Via: Scott Carroll, General Manager
From: Kaitlin Tran, Finance Manager
Date: November 28, 2022
Subject: Carryover Appropriations and Carryover Encumbrances from Fiscal Year 2021-22 to Fiscal Year 2022-23
Summary
All appropriations lapse at the end of each fiscal year; therefore, it is necessary to request that certain unspent appropriations and
encumbrances for goods and/or services that have yet to be completed by fiscal year end be carried over into the subsequent fiscal year.
After the close of the prior fiscal year, the Board of Directors reviews and approves a list of appropriations and encumbrances that are
requested to be carryover in to the new fiscal year.
Recommendation
That the Board of Directors approve the re-appropriation of funds in the Fiscal Year 2021-22 for the carryover items from the prior fiscal
year as detailed in Attachments A and B, and summarized as follows:
10 Solid Waste Fund: Carryover Appropriations $14,630, Encumbrances $15,467.50
20 Wastewater Fund: Carryover Appropriations $1,974,090.18, Encumbrances $1,116,902.69
Analysis
All appropriations lapse at the end of each fiscal year; therefore, it is necessary to request that certain unspent appropriations for goods
and/or services be carried over into the subsequent fiscal year. The carryover appropriations represent budgeted Fiscal Year 2021-
22 appropriations for goods and/or services that were not expended as of June 30, 2022, but are expected to be expended in the Fiscal
Year 2022-23. Generally, allowable carryovers are limited to certain types of goods or services, such as professional service contracts,
capital outlay or capital improvement projects (CIP). Due to their scope and size, CIP is inherently precluded from being completed within
the fiscal year in which funding was initially appropriated.
The carryover of operating transfers represents the use of specific resources to fund specific carryover appropriations. The carryover of
revenues typically relates to grants where the money has been received but not earned.
Encumbrances represent purchase orders (POs) issued for goods and/or services which were not received or completed during the prior
fiscal year by June 30, 2022. A PO is a commitment created to reserve a portion of the appropriation’s available balance but does not
represent an expenditure or liability for budgetary or accounting purposes. The budget appropriations associated with encumbrance’s
lapse at fiscal year-end unless the Board re-appropriates the funds in the subsequent fiscal year as requested in this report.
After all payments are made for goods and services received by June 30, 2022, staff analyzes the remaining appropriation balances and
open encumbrances to determine their validity. If the proposed continuing appropriations and encumbrances were not carried over into
Fiscal Year 2022-23, there would not be sufficient appropriations in the current year budget to fund existing and the current year adopted
projects.
Legal Review
Not applicable
Subject 1. Carryover Appropriations and Carryover Encumbrances from Fiscal Year 2021-22
to Fiscal Year 2022-23
Meeting Nov 28, 2022 - Board of Directors Regular Meeting
Type Action
Recommended Action That the Board of Directors approve the re-appropriation of funds in the Fiscal Year 2021-22
for the carryover items from the prior fiscal year as detailed in Attachments A and B, and
summarized as follows:
10 Solid Waste Fund: Carryover Appropriations $14,630, Encumbrances $15,467.50
20 Wastewater Fund: Carryover Appropriations $1,974,090.18, Encumbrances $1,116,902.69
Goals 8.0 Finance
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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 total amount to be carried over for the Solid Waste Fund is $30,097.50. The total amount to be carried over for the Wastewater Fund
is $3,090,992.87.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the November 28, 2022, Board of Directors regular
meeting at District Headquarters and on District’s website.
Alternative Actions
Refer the matter back to staff
File Attachments
Carryover Appropriations FY 2021-22 to FY 2022-23- Attachment A.pdf (73 KB)
Carryover Encumbrances FY 2021-22 to FY 2022-23- Attachment B.pdf (70 KB)
Workflow
Workflow Oct 27, 2022 5:55 PM :: Submitted by Kaitlin Tran. Routed to Kaitlin Tran for approval.
Oct 27, 2022 5:55 PM :: Rejected by Kaitlin Tran
Oct 27, 2022 5:55 PM :: Submitted by Kaitlin Tran. Routed to Kaitlin Tran for approval.
Oct 27, 2022 5:56 PM :: Rejected by Kaitlin Tran
Oct 27, 2022 5:56 PM :: Submitted by Kaitlin Tran. Routed to Mark Esquer for approval.
Nov 2, 2022 4:03 PM :: Rejected by Kaitlin Tran
Nov 10, 2022 2:20 PM :: Submitted by Kaitlin Tran. Routed to Mark Esquer for approval.
Nov 14, 2022 6:17 PM :: Approved by Mark Esquer. Routed to Scott Carroll for approval.
Nov 16, 2022 11:17 AM :: Approved by Scott Carroll. Routed to Noelani Middenway for
approval.
Nov 22, 2022 10:56 AM :: Final approval by Noelani Middenway
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E. GENERAL MANAGER'S REPORTS
To: Board of Directors
Via: Scott Carroll, General Manager
From: Kaitlin Tran, Finance Manager
Date: November 28, 2022
Subject: Receive and File the First Quarter Budget Review for FY 2022-23
Summary
This report serves as a summary of the District’s spending through September 30, 2022 as well as staff’s best estimate of projected
balances for the year-ended June 30, 2023.
Recommendation
That the Board of Directors receive and file this report.
Analysis
As of September 30, 2022, a total of 22% of the Solid Waste budget and a total of 23% of the Wastewater Fund’s operating budget for the
2022-23 fiscal year has been expended.
Based on the limited spending trends through September 30, 2022, staff is projecting the Solid Waste Fund to have savings of $408,000
and the Wastewater Fund is projecting to meet the budgeted amounts on June 30, 2023. Please note, however, that projections with only
three months or less of activity as the basis should not be relied upon. As the year progresses, these projections become more precise.
Please see the attached report for a more detailed analysis.
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
See attached report.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the November 28, 2022 Board of Directors regular
meeting at District Headquarters and on District website.
Alternative Actions
Refer the matter back to staff for additional information.
Subject 2. Receive and File the First Quarter Budget Review for FY 2022-23
Meeting Nov 28, 2022 - Board of Directors Regular Meeting
Type Action, Receive and File
Fiscal Impact Yes
Budgeted Yes
Recommended Action That the Board of Directors receive and file this report.
Goals 8.3 Finance - Forecast revenues and expenditures
8.0 Finance
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File Attachments
A-FY2022-23 First Quarter Budget Analysis.pdf (213 KB)
B - Expenditure Analysis 09302022.pdf (909 KB)
Workflow
Workflow Nov 21, 2022 1:16 PM :: Submitted by Kaitlin Tran. Routed to Scott Carroll for approval.
Nov 21, 2022 1:59 PM :: Approved by Scott Carroll. Routed to Noelani Middenway for
approval.
Nov 22, 2022 10:57 AM :: Final approval by Noelani Middenway
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E. GENERAL MANAGER'S REPORTS
To: The Board of Directors
Via: Scott Carroll, General Manager
From: Kaitlin Tran, Finance Manager
Date: November 28, 2022
Subject: Receive and File Fiscal Year 2021-22 Annual Compliance Report for Requirements of Government Code Section 66013
(d) for Capacity Charges.
Summary
Staff is providing the Board with the Annual Compliance Report to fulfill the information and reporting requirements of Government Code
Section 66013(d) for Capacity Charges.
Recommendation
Staff recommends the Board receive and file this report.
Analysis
On May 27, 2010 the Board adopted Ordinance No. 76, revising the charges collected by the District and establishing that fixture fees are
capacity charges and making related clarifying changes. (CMSD § 6.04.040) Fixture fees are capacity charges for public facilities in
existence at the time a charge is imposed or charges for new public facilities to be acquired or constructed in the future that are of
proportional benefit to the person or property being charged, including supply or capacity contracts for rights or entitlements, real property
interests, and entitlements and other rights of the local agency involving capital expense relating to its use of existing or new public
facilities.
Upon payment of the fees, the money shall be deposited in a separate capital facilities account maintained in accordance with
Government Code Section 66013(d). For each such separate account, the District shall, within one hundred eighty (180) days of the
close of the fiscal year, make available to the public the following information:
(1) A description of the charges deposited in the fund.
(2) The beginning and ending fund balance of the fund and the interest earned from investment of moneys in the fund.
(3) The amount of charges collected in that fiscal year.
(4) An identification of all of the following:
(A) Each public improvement on which charges were expended and the amount of the expenditure for each improvement,
including the percentage of the total cost of the public improvement that was funded with those charges if more than one source
of funding was used.
(B) Each public improvement on which charges were expended that was completed during that fiscal year.
(C) Each public improvement that is anticipated to be undertaken in the following fiscal year.
(5) A description of each interfund transfer or loan made from the capital facilities fund. The information provided, in the case of an
interfund transfer, shall identify the public improvements on which the transferred moneys are, or will be, expended. The information, in
the case of an interfund loan, shall include the date on which the loan will be repaid, and the rate of interest that the fund will receive on
the loan.
Legal Review
District Counsel has reviewed this report. The report complies with Gov. Code § 66013 and CMSD Operations Code 6.04.040.
Subject 3. Receive and File Fiscal Year 2021-22 Annual Compliance Report for Requirements
of Government Code Section 66013 (d) for Capacity Charges.
Meeting Nov 28, 2022 - Board of Directors Regular Meeting
Type Action (Consent)
Recommended Action Staff recommends the Board receive and file this report.
Goals 8.0 Finance
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Environmental Review
Preparing the yearly compliance report 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
Finance staff confirms that the Annual Compliance Report presents fairly the financial activity of the Facilities Revolving Fund for the
fiscal year ending June 30, 2022. During the fiscal year 2021-22, the Facilities Revolving Fund received $138,332 in capacity charges,
and a loss in investment earnings of $14,631, for the fiscal year. Due to cancellation and refund of one project by the contractor there was
a refund issued for a total of $51.75. There was a transfer of $235,000 to the Wastewater Fund during the fiscal year. As of June 30,
2022, the funds available in the Facilities Revolving Fund were $355,918. The Drought Tolerant Landscape project at Headquarters is
ongoing and will be completed in phases. The project is expected to be undertaken during the year ending June 30, 2023, would be
funded $161,000 with Capacity Charges (fixture fees).
In comparison, the capacity charges collected in fiscal year 2020-21 were $91,166. The increase of $47,166 in capacity charges collected
over the prior fiscal year was the result of the timing of payments received and an increase in new development construction.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the November 28, 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 Compliance Report for Capacity Charges FY2021-22.pdf (113 KB)
Workflow
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after
public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is
waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent
calendar as a whole.
Workflow Nov 21, 2022 6:16 PM :: Submitted by Kaitlin Tran. Routed to Lucy Jacobo for approval.
Nov 22, 2022 12:51 PM :: Approved by Lucy Jacobo. Routed to Scott Carroll for approval.
Nov 22, 2022 6:33 PM :: Approved by Scott Carroll. Routed to Noelani Middenway for
approval.
Nov 22, 2022 6:37 PM :: Final approval by Noelani Middenway
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E. GENERAL MANAGER'S REPORTS
Subject 4. CR&R Proposed Flat Rate vs. Per Tonnage Rate
Meeting Nov 28, 2022 - Board of Directors Regular Meeting
Type Action
Recommended Action That the Board of Directors provides feedback to staff
To: Board of Directors
Via: Scott Carroll, General Manager
From: Nabila Guzman, Management Analyst I
Date: November 28, 2022
Subject: CR&R Proposed Flat Rate vs. Per Tonnage Rate
Summary
Per direction from the Board of Directors, staff is bringing this item back for discussion with a detailed comparison of a flat rate versus per
tonnage rate cost. Additionally, a five-year projection of rates is included that includes CPI increases to CR&R.
Recommendation
That the Board of Directors provides feedback to staff.
Analysis
Per direction from the Board of Directors at the November Study Session, staff is bringing this item back for discussion. The Board of
Directors wants to know what type of solid waste rate would better serve the District for implementing SB 1383; tonnage rate or flat rate?
Below is a chart with historical tonnage data.
CR&R has proposed a flat rate of $24.16 for a three-cart system, new trucks, and new SB 1383 programs for compliance along with other
benefits to the District negotiated. If the Board of Directors would like to keep a per-tonnage price structure, the fees (including CPI)
would be as follows:
Occupancy Fee per unit: $15.85
Trash per ton: $54.22
Organics Rate per ton: $82.99
Recycling Rate per ton:$14 14
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Recycling Rate per ton: $14.14
Using the fees above applied to 2021-22 tonnage the tonnage rate would be $23.26 per month. See calculations below using an
assumption of 23% organics collected in the Organics Recycling Carts, 31% Recycling, and 69% Landfill waste.
$15.85 x 23,091 = $365,992 x 12 = $4,391,908
$54.22 x 21,224 landfilled tonnage = $1,150,787
$14.14 x 9,536 recycled tonnage = $134,833
$82.99 x 9,233 organic tonnage = $766,247
TOTAL: 6,443,775/23,091/12 = $23.26
Fiscal Year 2021-22 tonnage is the lowest since 2011-12. The tonnage rate would still be more favorable than the flat rate if disposed of
tonnage goes back to pre-COVID tonnage. The calculation below is for 2018-19 tonnage using the same assumptions as above.
$15.85 x 23,091 = $365,992 x 12 = $4,391,908
$54.22 x 22,619 landfilled tonnage = $1,226,396
$14.14 x 10,162 recycled tonnage = $143,692
$82.99 x 9,772 organic tonnage = $810,978
TOTAL: $6,572,974/23,091/12 = $23.72
In the last five years, the average increase in the occupancy count is 114. The Board of Directors also requested information on
Additional Dwelling Units (ADU’s) and how these would affect the occupancy count in the future. Since 2018 to date, there have been a
total of 116 ADU’s permitted and built in CMSD’s service area. Of those, only five (5) ADU’s or 4.3% of the total ADU permits, have
requested trash service and have been set up in our billing system to charge the property owner for an additional unit.
Staff believes tonnage generated from ADUs will be insignificant to the total waste stream. In 2019, CalRecycle reported Costa Mesa was
disposing of 4.6 pounds of solid waste per capita. That totals 1,679 pounds per year (4.6 x 365). In the last five years, the District
approved 116 ADU permits, which is an average of 23 ADUs per year. Assuming an ADU will have one person living inside, the total
pounds of waste generated a year from 23 ADUs is 38,617 (23 x 1,679). 38,617 pounds are converted to 19.3 tons per year.
The remaining ADU’s have utilized the existing number of carts onsite. Therefore, staff is assuming the occupancy count will increase by
125 units per year and tonnage will increase by 19.3 tons.
$15.85 x 23,216 = $367,973 x 12 = $4,415,683
$54.22 x 21,224 landfilled tonnage = $1,150,787
$14.14 x 9,536 recycled tonnage = $134,833
$82.99 x 9,233 organic tonnage = $766,247
TOTAL: 6,467,550/23,216/12 = $23.22
The graph’s below is a five-year projection of rates with 5% annual CPI increases to CR&R for increases in labor, landfill, vehicle, and
facility maintenance costs. In the amendment to CR&R’s agreement, CPI requests are capped at 5%.
Per Tonnage Rate - Projected Increases
Fiscal Year 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
CPI Increases 5%5%5%5%5%
Occupancy Rate $15.85 $16.64 $17.47 $18.34 $19.26 $20.22
Trash Rate $54.22 $56.93 $59.78 $62.77 $65.91 $69.21
Recycling Rate $14.14 $14.85 $15.59 $16.37 $17.19 $18.05
Organics Rate $82.99 $87.14 $91.50 $96.08 $100.88 $105.92
$23.22 $24.54 $25.79 $27.11 $28.50 $29.96
The following assumptions were made for determining the project tonnage rates:
In the last seven years, total tonnage has increased by an average of 373 tons a year. Even though 2021-22 tonnage is the
lowest since 2011-12, staff assume tonnage will increase in the proceeding years based on historical data.
Based on historical data, including ADU data, staff assume the occupancy count will increase by 125 units every year for the
next five years.
Flat Rate - Projected Rate Increases
Fiscal Year 2024-25 2025-26 2026-27 2027-28 2028-29 2029-30
CPI Increases 5%5%5%5%5%
Flat Rate $24.16* $25.37 $26.63 $27.96 $29.36 $30.83
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* Flat rate reflects FY 2022-23 labor and M&O costs. Labor and M&O costs are unknown for 2024-25, but staff is assuming the
flat rate will be higher than $24.16.
Staff believes the tonnage rate is more favorable than the flat rate. The tonnage and flat rate do not include District overhead. By
including overhead, which includes staff’s proposal to reorganize the Solid Waste Department (see staff report for the November 8, 2022
Board of Directors Study Session Meeting), the proposed total monthly rates for both the tonnage and flat rate are below.
FY24-25 FY25-26 FY26-27 FY27-28 FY28-29 FY29-30
Tonnage Rate $23.22 $24.54 $25.79 $27.11 $28.50 $29.96
CMSD Overhead $5.04 $5.20 $5.44 $5.68 $5.93 $6.19
Total $28.26 $29.74 $31.23 $32.79 $34.43 $36.15
FY24-25 FY25-26 FY26-27 FY27-28 FY28-29 FY29-30
Flat Rate $24.16 $25.37 $26.63 $27.96 $29.36 $30.83
CMSD Overhead $5.04 $5.20 $5.44 $5.68 $5.93 $6.19
Total $29.20 $30.57 $32.07 $33.64 $35.29 $37.02
The current solid waste rate, which includes CR&R cost and CMSD overhead is $22.74. In FY 2023-24, the rate will increase to $24.10,
as part of a five-year rate plan that was approved by the Board on May 23, 2019. A Prop 218 hearing would have to be conducted in the
spring of 2024 to obtain public approval before the proposed tonnage or flat rate goes into effect.
Attached is a 2022 solid waste rate survey conducted by OC Waste and Recycling. The rates in the survey will most likely increase by FY
2024-25, but it gives a good perspective on where District might stand if tonnage rate or flat rate is approved by the Board.
The following are the pros and cons when considering a tonnage or flat rate
Pros for Tonnage Rate
District will experience cost savings when tonnage is down
Cost savings will build reserves
Tonnage rate is projected to be less than flat rate
Reflects the true cost for providing solid waste collection services
Cons for Tonnage Rate
District will experience cost increases when tonnage is up
Increase cost could require additional rate hikes and/or cost cutting measures, such reducing staffing levels
Requires staff resources for calculating tonnage rates
Pros for Flat Rate
No guess work. The rates are set for up to five years
Makes it easier for staff to project revenues
Cons for Flat Rate
Flat rate is projected to be higher than tonnage rate
Requires staff resources to analyze calculation details submitted by CR&R to ensure fairness and accuracy of the rates
Revenues will exceed expenditures exponentially. Enterprise funds must break even and not result in large profits.
Legal Review
Not Applicable
Environmental Review
Receiving agreed upon service rate for a future agreement with CR&R Environmental Services 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
By 2024-25, estimated annual revenues (expenditures) generated from tonnage rate would be estimated at $6.4 million to $8.5 million in
2029-30.
By 2024-25, estimated annual revenues (expenditures) generated from flat rate would be estimated at $8.1 million to $10.6 million in
2029-30.
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File Attachments
2022 Trash Rate Survey-2.pdf (150 KB)
Workflow
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the November 28, 2022 Board of Directors
regular meeting held at 290 Paularino Avenue, Costa Mesa, and posted on the District’s website.
Alternative Actions
1. Direct staff to report back with more information
Workflow Nov 21, 2022 6:31 PM :: Submitted by Nabila Guzman. Routed to Kaitlin Tran for approval.
Nov 21, 2022 8:51 PM :: Approved by Kaitlin Tran. Routed to Scott Carroll for approval.
Nov 22, 2022 6:50 PM :: Approved by Scott Carroll. Routed to Noelani Middenway for
approval.
Nov 22, 2022 6:51 PM :: Final approval by Noelani Middenway
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E. GENERAL MANAGER'S REPORTS
Subject 5. Receive and File FY 2021-22 CR&R Performance Review
Meeting Nov 28, 2022 - Board of Directors Regular Meeting
Type Action, Receive and File
Recommended Action That the Board of Directors receives and files CR&R's Annual Performance Review for FY
2021-22.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Nabila Guzman, Management Analyst I
Date: November 28, 2022
Subject: Receive and File FY 2021-22 CR&R Performance Review
Summary
Per Section 4.6 of the Agreement, the “DISTRICT shall complete a yearly performance review of the trash collection and recycling
program on a yearly basis and CONTRACTOR and DISTRICT shall meet to discuss and resolve problems that may be occurring in the
programs. DISTRICT shall prepare a performance review form that allows for evaluation of services provided at the residences as well as
administrative services including report preparation, accuracy, and timeliness of transmittal, responsiveness to inquiries, database
management, service levels and helpfulness.”
Recommendation
That the Board of Directors receives and files CR&R's Annual Performance Review for FY 2021-22.
Analysis
The evaluation term was July 1, 2021 to June 30, 2022. The internal audit completed found that CR&R has demonstrated acceptable
compliance for the year in review but there are areas to work on highlighted below and in the report. The performance was evaluated on
the following grading scale: Excellent, Satisfactory, Unsatisfactory, and Not Applicable. Staff reviewed CR&R's performance in nine areas
and made the following findings:
1. Service To Be Provided and Term: During the year in review, CR&R experienced problems to provide adequate staffing levels to
collect, transport, recycle and dispose of solid waste collected. From June 2021 to January 2022, CR&R experienced significant route
delays on almost a daily basis due to staffing problems and trash truck mechanical failures. Monthly reports have confirmed that all
material collected from CMSD service area is going to CR&R's MRF and AD Facility as outlined in the contract.
2. Hauler Compensation: The District's goal is to maintain a net-to-hauler rate that does not exceed ten percent of the County average.
The standard per-unit net-to-hauler payment for the review period is $19.00 which is $4.69 below the county average of $23.69. The
decrease in net-to-hauler payment is lower because of the decrease in overall tonnage collected and the 7% solid waste rate increase
experienced July 1, 2021. Staff has highlighted in past meetings that tonnage continues to go down in our service area.
3. Records, Reports, Reviews and Audits: CR&R promptly sends District staff month-end reports for processing.
4. Operations: The decrease in collection service and the increase in wait time experienced by CMSD's trash customers were
unprecedented. The combination of both of these resulted in CMSD staff spending much of their day answering phone calls, escalating
concerns and apologizing to residents for their lack of service. It also greatly affected the City of Costa Mesa's City Hall as residents
unable to get a hold of CR&R contacted City Hall for assistance. The delays experience interfered with street sweeping and residents as
well as City Hall staff complained about this.
During the year in review, CMSD's Route Manager position had a high turnover with CMSD being assigned 4 different Route Managers
and it has changed once more during the current fiscal year. In addition, CMSD had two Operations Managers during that same period
and it has also since changed to a different person during the current fiscal year. The constant changes in Operation Management for the
District only further delay improvements in resident satisfaction with their trash service.
5. Insurance, Bonds and Indemnifications: N/A
6. Default and Damages: N/A
7. Collection Schedule: 767 missed curbside pickup complaints were received by CMSD during the year in review, and increase of
80.47% from the previous year.
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File Attachments
CMSD Review.pdf (492 KB)
Workflow
8. Special Programs: CMSD customers once again experienced delays with the 2021 Christmas Tree Collection Program. There was a
39.60% increase in missed Christmas tree complaints from the previous year, a total of 171 complaints were received.
9. Miscellaneous: CMSD staff began negotiations with CR&R fpr a new SB 1383-compliant solid waste agreement. CMSD staff and
CR&R have discussed SB 1383 compliance, the regulatory burden of route reviews, tracking contamination, exemptions, compiling new
reports, and conducting waste characterization studies.
Legal Review
Not Applicable.
Environmental Review
A performance review of CR&R in and of itself 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. The programs of CR&R, such as the organics
programs, receive individual CEQA review when they are initiated or revised.
Financial Review
There are no financial impacts to the District because the FY 2021-22 CR&R Performance Review was conducted internally by staff.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the November 28, 2022 Board of Directors
meeting held at 290 Paularino Avenue, Costa Mesa and posted on the District’s website.
Alternative Actions
Refer item back to staff with further instructions
Workflow Nov 1, 2022 12:51 PM :: Submitted by Nabila Guzman. Routed to Kaitlin Tran for approval.
Nov 1, 2022 1:12 PM :: Approved by Kaitlin Tran. Routed to Scott Carroll for approval.
Nov 3, 2022 12:19 PM :: Approved by Scott Carroll. Routed to Noelani Middenway for
approval.
Nov 3, 2022 1:36 PM :: Final approval by Noelani Middenway
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E. GENERAL MANAGER'S REPORTS
To: Board of Directors
From: Scott Carroll, General Manager
Date: November 28, 2022
Subject: Second Review of Draft Agreement Amendment with CR&R Incorporated
Summary
Since February 2022, District staff and solid waste consultant, Michael Balliet Consulting (MBC) have been in negotiations with CR&R
Incorporated (CR&R) for a new SB 1383 compliant solid waste agreement. On October 13, 2022, the Board reviewed and discussed the
agreed upon negotiated bullet points of the proposed amendment. On October 24, 2022, the Board reviewed and discussed the first draft
amendment.
Tonight, staff is presenting the second draft amendment that includes edits from District Counsel as well as additional revisions to the
proposed amendment that were agreed upon by staff and CR&R.
Recommendation
That the Board of Directors review the second draft amendment and provide staff with feedback
Analysis
After the Board reviewed and commented on the first draft amendment, staff met with CR&R again to discuss additional liquidated
damages and revisions to the draft amendment. The additional liquidated damages on Pages 17-20 are typed in red. The following
revisions were added to the amendment after the October 24, 2022 Board of Directors meeting. The revisions in the draft amendment are
typed in red.
1. CR&R is to complete a cart inventory/occupancy count in the fifth year of the new term of the contract. Conducting an inventory every
five years for the life of the agreement will ensure that everyone's records are accurate and new accounts are identified.
2. The District must have reasonable judgment based on substantial evidence to deny CR&R request for rate adjustments. For instance,
substantial evidence could include, but not limited to affordability, CR&R's profit margin, CPI is negative or not significant, or other action
by federal, state or local agencies. The District cannot deny CR&R's request for a rate adjustment on poor performance because
liquidated damages will address CR&R's performance. Material poor performance may be grounds for termination of the agreement, as
provided elsewhere in the agreement.
3. In the past, the community had experience long delays for collecting Christmas trees. To avoid the same experience in the future, the
District will be allowed to hire a third-party contractor to assist collecting Christmas trees. The third party contractor will be dispatched by
District staff after receiving complaints from members of the public that their trees were not collected during their regularly scheduled
collection day. CR&R is to reimburse the District 100% of the collection cost, which includes disposal fee, from the the third-party
contractor.
All other edits typed in red were made by District Counsel.
Legal Review
District Counsel has reviewed, commented and edited the draft amendment. Further review by District Counsel will be required before the
final version of the amendment is presented to the Board.
Environmental Review
Reviewing and providing feedback on the proposed amended contract with CR&R Incorporated 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.”
Subject 6. Second Review of Draft Agreement Amendment with CR&R Incorporated
Meeting Nov 28, 2022 - Board of Directors Regular Meeting
Type Discussion
Goals 2.0 Solid Waste
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Financial Review
There are no financial impacts to the District for creating this report. However, there may be financial impacts to the District when the 3-
cart system is rolled out.
At tonight's meeting and on a separate agenda item, the Board will be reviewing and discussing solid waste rates (tonnage rate vs. flat
rate) and how best to fund a 3-cart system
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the November 28, 2022 Board of Directors
regular meeting at District Headquarters and posted on the District’s website at www.cmsdca.gov.
Alternative Actions
1. Direct staff to report back with more information.
File Attachments
CMSD Amendment Second Draft.docx (77 KB)
Workflow
Workflow Nov 17, 2022 2:39 PM :: Submitted by Scott Carroll. Routed to Noelani Middenway for
approval.
Nov 22, 2022 10:56 AM :: Final approval by Noelani Middenway
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E. GENERAL MANAGER'S REPORTS
To: Board of Directors
From: Scott Carroll, General Manager
Date: November 28, 2022
Subject: Authorize Staff to Solicit RFPs for Constructing Project #342 - Drought Tolerant Landscape at CMSD Headquarter
Summary
On April 12, 2022, the Board of Directors reviewed and discussed proposed drought tolerant landscape design plans for the grounds at
CMSD HQ. After receiving Board comments, staff amended the plans and now the project is ready to solicit construction bids.
Recommendation
That the Board of Directors:
1. Approve transferring $164,200 from the Facilities Revolving Fund for construction, inspection and contract administration costs for
Project #342 - Drought Tolerant Landscaping at CMSD Headquarters; and
2. Direct staff to solicit RFPs for the construction of this project.
Analysis
The designs presented to the Board on April 12 included the installation of an Americans with Disabilities Act (ADA) concrete sidewalk on
Redhill and Paularino. The Board believed sidewalks are the responsibilities of the City of Costa Mesa and therefore the city should fund
the construction and maintenance of this portion of the project. Staff confirmed from city officials that sidewalks are planned for Redhill
and Paularino within the next five years, so sidewalks were removed from designs and will not be a part of this project. Also in the April
12 design was the monument sign on the corner of Redhill and Paularino. The plan was to remove the existing sign and replaced with a
new sign on Paularino Avenue adjacent to the Spectrum property. Staff is proposing this part of the project be performed in FY 2023-24
and will request funding in the upcoming biennial budget process.
The original construction cost presented to the Board on April 12 was $423,000, which included contingency; however, staff's revised
construction cost is now $291,000. The revised cost also includes contingency. Staff believes the District will save approximately $9,000 a
year on water and maintenance cost, which makes the return on investment (ROI) to be 31 years. However, this project, when
completed, will experience immediate environmentally intangible benefits such as:
Reduce urban runoff water and increase underground water tables by capturing rain water from a bioswale. A bioswale made to
look like a natural creek with rocks and plants will be a beautiful addition to the landscape project.
Doubling the number of trees will help improve air quality and reduce carbon dioxide (CO2). Ten existing trees will be removed
and replaced with twenty-six trees. Trees absorb CO2, removing and storing the carbon while releasing oxygen back into the air.
Trees also absorb odors and pollutant gases (nitrogen, oxides, ammonia, sulfur dioxide and ozone) and filter particulates out of
the air by trapping them on their leaves and bark.
An aesthetic pleasing looking landscape that will include water conservation measures to assist avoiding water shortages during
severe drought conditions.
Subject 7. Authorize Staff to Solicit RFPs for Constructing Project #342 - Drought Tolerant
Landscape at CMSD Headquarter
Meeting Nov 28, 2022 - Board of Directors Regular Meeting
Type Action
Fiscal Impact No
Dollar Amount $288,000.00
Budget Source Facilities Revolving Fund
Recommended Action That the Board of Directors:
1. Approve transferring $164,200 from the Facilities Revolving Fund for construction,
inspection and contract administration costs for Project #342 - Drought Tolerant Landscape at
CMSD Headquarters; and
2. Direct staff to solicit RFPs for construction of this project.
Goals 6.0 Administrative Management
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Project #342 has an approved budget of $145,000. Approximately $50,000 will be spent on design leaving a balance of $95,000. At
tonight's meeting, staff will be requesting Board approval to transfer and carryover $90,000 from the capital outlay budget for the
proposed solar photovoltaic system battery storage project giving Project #342 a balance of $185,000. Staff will be requesting to fund the
battery storage project in the next biennial budget.
Staff is requesting Board approval to transfer $164,200 from the Facilities Revolving Fund, which has a current balance of $391,000. The
transfer of funds will help cover costs for construction, inspection and contract administration.
Legal Review
Not applicable.
Environmental Review
The drought tolerant landscape project is exempt from CEQA pursuant to Cal.Code Regs., title 14, §15301 to the extent that it applies to
“existing facilities” as that term is used in Section 15301, and §15302, to the extent that it results in the replacement of existing systems
(e.g. landscape grounds).
Financial Review
Project #342 has an approved budget of $145,000. Approximately $50,000 will be spent on design leaving a balance of $95,000. At
tonight's meeting, staff will be requesting Board approval to transfer and carryover $90,000 from the capital outlay budget giving Project
#342 a balance of $185,000.
As of October 30, 2022, the Facilities Revolving Fund has a balance of $391,000. There are adequate funds to transfer $164,200 to
Project #342.
The total construction cost, which includes contingency, inspection and contract administration is $349,200.
District is eligible to receive $10,000 to $20,000 in rebates and grant funds to help offset construction costs.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the November 28, 2022 Board of Directors
regular meeting held at 290 Paularino Avenue, Costa Mesa and posted on the District’s website.
Alternative Actions
1. Do not approve staff's recommendation.
File Attachments
Construction Estimate 11-28-2022.pdf (43 KB)
CMSD HQ Drought Tolerant Design.pdf (13,654 KB)
Workflow
Workflow Nov 21, 2022 1:57 PM :: Submitted by Scott Carroll. Routed to Kaitlin Tran for approval.
Nov 21, 2022 5:42 PM :: Approved by Kaitlin Tran. Routed to Scott Carroll for approval.
Nov 22, 2022 1:01 PM :: Approved by Scott Carroll. Routed to Noelani Middenway for
approval.
Nov 22, 2022 3:01 PM :: Final approval by Noelani Middenway
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E. GENERAL MANAGER'S REPORTS
To: Board of Directors
From: Scott Carroll, General Manager
Date: November 28, 2022
Subject: Consider Relocating U.S Flag Drop-Off Box to Costa Mesa - Mesa Verde Library
Summary
In 2018, the District implemented a new program that allowed residents to properly dispose of their used worn out American flag by
discarding it in a drop-off box located outside HQ front doors. The District had a "gentlemen" agreement with a local boys scout troop in
Costa Mesa to remove the flags from the box and then perform proper retirement procedures at an off-site location/facility. The purpose
of the program was to prevent American flags from ending up in landfills.
When the region, and the globe for that matter, was experiencing the COVID-19 pandemic, the boys scouts stopped collecting the flags.
During post-pandemic, staff could not find any boys scout troops who were willing to restart the program. Staff contacted Boys Scouts
headquarters, to no avail. However, the flags continued being discarded and staff learned that flags were arriving from all over Southern
California because local veteran groups were informing the public about the drop-off program. Earlier this year, the District temporarily
suspended the program until staff can find a permanent solution for properly retiring American flags.
Recommendation
That the Board of Directors provide direction to staff.
Analysis
Former CMSD Board of Director Dan Worthington and the person who suggested the U.S. Flag Retirement Program, is requesting the
drop-off box be relocated to the Costa Mesa Mesa Verde Library. Mr. Worthington is volunteering his services by collecting the discarded
flags and then delivering them to proper retirement facility. The Mesa Verde Library director has agreed to accept the drop-off box.
The Board of Directors has several options to consider. Staff is recommending the Board pick one of the options below.
1. Loan the drop-off box to Mesa Verde Library. The box will still be owned by the District, which means any damages to the box would
be the District's responsibility for repair. The program will be a partnership between the Mesa Verde Library, Mr. Worthington and the
District. This option adheres to the District's Strategic Plan Element No. 4. Partnerships. The objective for Element No. 4 is to cultivate
and maintain collaborative relationships with other organizations to achieve desired goals and outcome.
2. Donate the drop-off box to Mesa Verde Library. The box would no longer belong to the District and the program would no longer be a
partnership with Mesa Verde Library and with Mr. Worthington. The District purchased the drop-box in 2009 for $2,110. Staff would report
back with a resolution for the Board to adopt authorizing staff to donate the drop-off box to Mesa Verde Library.
3. Keep the drop-off box, continue the program at HQ, and direct staff to collaborate with Orange County Cemetery District (OCCD).
OCCD work with a number of boys scout troops for placing flags on gravesites. According to OCCD, these troops are still performing
retirement ceremonies. OCCD could assist the District by inquiring from the scouts their interest to partnering with CMSD's U.S. Flag
Retirement Program.
Legal Review
Not applicable.
Environmental Review
Considering options for the District's U.S. Flag Retirement Program 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
Subject 8. Consider Relocating U.S Flag Drop-Off Box to Costa Mesa - Mesa Verde Library
Meeting Nov 28, 2022 - Board of Directors Regular Meeting
Type Action
Recommended Action That the Board of Directors provide direction to staff.
Goals 4.0 Partnerships
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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 drop-off box cost $2,110 to acquire. There's no financial impact to the District for administering the U.S Flag Retirement Program.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the November 28, 2022 Board of Directors
regular meeting held at 290 Paularino Avenue, Costa Mesa, and posted on the District’s website.
Alternative Actions
1. Direct staff to report back with more information
Workflow
Workflow Nov 22, 2022 12:23 PM :: Submitted by Scott Carroll. Routed to Noelani Middenway for
approval.
Nov 22, 2022 12:32 PM :: Final approval by Noelani Middenway
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F. ENGINEER'S REPORTS
To: Board of Directors
From: Mark Esquer, District Engineer
Date: November 28, 2022
Subject: Receive and File the District Engineer's Report and Capital Improvement Projects Status
Summary
The District Engineer has provided a memorandum with a brief summary of major capital or other engineering activities for the period of
mid-October to mid-November. The District Engineer's memorandum and Monthly CIP Update Report is attached.
Recommendation
The Board of Directors receive and file the Engineer's 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 November 28, 2022, Board of Directors
Regular meeting at District Headquarters and posted on the District’s website www.cmsdca.gov.
Alternative Actions
Refer item back to staff with further instructions.
File Attachments
2022 11 CIP Updates for November Board Meeting.pdf (1,226 KB)
2022 11 Monthly Engineers Report CMSD Memorandum.pdf (203 KB)
Workflow
Subject 1. Receive and File the Capital Improvement Status Report
Meeting Nov 28, 2022 - Board of Directors Regular Meeting
Type Action, Discussion
Preferred Date Nov 28, 2022
Fiscal Impact No
Budgeted Yes
Budget Source 23 FY Operating Budget
Recommended Action The Board of Directors receive and file the Engineer's Report.
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Workflow Nov 21, 2022 12:13 PM :: Submitted by Mark Esquer. Routed to Kaitlin Tran for approval.
Nov 21, 2022 1:25 PM :: Approved by Kaitlin Tran. Routed to Scott Carroll for approval.
Nov 21, 2022 2:01 PM :: Approved by Scott Carroll. Routed to Noelani Middenway for
approval.
Nov 22, 2022 10:57 AM :: Final approval by Noelani Middenway
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F. ENGINEER'S REPORTS
To: Board of Directors
From: Mark Esquer P.E., District Engineer
Date: November 28, 2022
Subject: 22-23 FY CIP Budget Adjustments, New Project #343 Elden Emergency Bypass Pumping Improvements, New Project
#344 Redhill #149671 Sewer Grade 5 Replacement, and Asset Management Fund Transfer for Project # 341 Elden FM
Redundancy
Summary
The District Engineer reviewed the current CIP project list, reprioritized the current year Capital Improvement Project budget, and
adjusted individual project budgets to accommodate two new urgent projects: Project #343 Elden Emergency Bypass Pumping
Improvements and Project #344 Redhill #149671 Sewer Grade 5 Replacement. In addition, a transfer from the Asset Management fund
to cover the Project 341 Elden FM Redundancy is required to provide for design of the redundant forcemain system. Refer to Attachment
A, CIP Budget Adjustment Table, for detail.
The new Project 343 Elden Emergency Bypass Pumping Improvements (Project 343) provides for the capability to bypass the existing
forcemain using the existing pump station and temporary on-road piping and the new Project 344 Redhill #149671 Sewer Grade 5
Replacement (Project 344) performs an urgent replacement of a Grade 5 sewer condition that cannot be repaired by installing a pipe-
liner. Project 343 installs piping modifications to accept 12-inch piping connections and acquires 12-inch piping to accomplish this
proposed work. The District staff is concerned that a long-term, unplanned, emergency-outage of the Elden forcemain and not replacing
the portion of the sewer in Redhill could lead to sanitary sewer overflows (SSO).
Project 341 Elden FM Redundancy (Project 341) will provide for redundant pressure pipelines to eliminate a single point-of-failure and
reduce the potential for an SSO. The proposed project may require between $9.0 million and $13.0 million. These figures include up to a
30% contingency for unknown conditions. Staff recommend funding the design work so that design details may be determined and the
budget requirement estimates improved and detailed. Unfortunately, until the SR-55 Newport freeway crossing design is determined,
there is budgetary risk, so a high project budget and contingency are required. In addition to firming up the project budget, having a
completed design and "shovel-ready" project will provide for more outside funding or loan opportunities. Unfortunately, this large project
does not have required funding and the current CIP budget cannot absorb this large appropriation. Therefore, staff is requesting
Subject 2. Fiscal Year 2022-23 Capital Outlay Budget Adjustments, New Project #343 Elden
Emergency Bypass Pumping Improvements, New Project #344 Redhill #149671
Sewer Grade 5 Replacement, and Asset Management Fund Transfer for Project #
341 Elden FM Redundancy
Meeting Nov 28, 2022 - Board of Directors Regular Meeting
Type Action, Discussion, Presentation
Preferred Date Nov 28, 2022
Absolute Date Dec 19, 2022
Fiscal Impact No
Budgeted Yes
Budget Source 22-23 Fiscal Year Capital Outlay Budget and Asset Management Fund
Recommended Action The Board of Directors approve:
1. 22-23 FY Capital Outlay Budget Adjustments, as detailed in Attachment A, for a no-cost
change to the budget; and
2. New Project #343 Elden Emergency Bypass Pumping Improvement Budget of $1.0 million;
and
3. New Project #344 Redhill #149671 Sewer Grade 5 Replacement Budget of $100,000; and
4. Transfer $300,000 from Asset Management Fund to the Wastewater Fund for the Project
341 Elden FM Redundancy Design
Appropriation
Goals 1.0 Sewer Infrastructure
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consideration to transfer funding from the Asset Management fund to the Wastewater fund to appropriate design funding for this fiscal
year.
Staff will review the proposed budget changes, appropriations, and recommendations in detail during the verbal presentation, see
attached Presentation PDF.
Recommendation
The Board of Directors approve:
1. 22-23 FY Capital Outlay Budget Adjustments, as detailed in Attachment A, for a no-cost change to the FY CIP Budget; and
2. New Project #343 Elden Emergency Bypass Pumping Improvement Budget of $1.0 million; and
3. New Project #344 Redhill #149671 Sewer Grade 5 Replacement Budget of $100,000; and
4. Transfer of $300,000 from the Asset Management fund to the Wastewater fund for Project #341 Elden FM Redundancy Design
Appropriation
Analysis
This past May 2022, the Board of Directors adopted a wastewater Capital Improvement Project (CIP) budget comprising 18 wastewater
projects. Since adoption of the FY23 CIP budget, District staff determined a need for a couple urgent, unfunded projects: Project #343
and Project #344. In addition, Project 341 must appropriate funds for starting design work that wasn't envisioned during the budgeting
process two years ago. District staff has reviewed the various projects, is proposing to defer certain CIP projects, and is proposing to
adjust the CIP budget to accommodate the two urgent projects. However, it isn't practical to defer or halt enough projects to fund the
Project 341 design work, so staff is proposing transferring funds.
Project 343 generally consists of implementing pump station piping improvements and purchasing piping to provide for a longer-term,
emergency outage or urgent repair of the existing Elden forcemain. Staff has concerns that emergency, pumper-truck, bypassing (truck
bypassing) of the existing forcemain is not a practical, long-term solution. Truck bypassing relies on a very coordinated staging of trucks,
exchanging of pumper trucks, and discharging of truck loads at a remote point downstream of the pumping station. During a recent
project, truck bypassing of the Elden pump station was required. The District contractor implemented the District's Elden emergency
bypass plan that requires 27 pumping trucks.
District staff observed a couple of items. First, the availability of pumper trucks in southern California area was not sufficient for
implementing the Elden emergency bypassing plan. Eight (8) additional pumper trucks had to be imported, over two days, from northern
California and staged with the other trucks. Secondly, staff is concerned that pumper truck failure, driver fatigue, lack of replacement
drivers, or driver mistakes could lead to an SSO during a long-term truck bypassing operation.
Project 344 consists of replacing a 20-foot section of 8-inch sewer in Redhill Street at Baker Avenue. The District tried installing a new
liner as part of Project 336 Grade 4 Sewer Repairs. The contractor determined that multiple offset joints and severity of pipe settlement
precludes the possibility of installing a liner. Based on the severity of the observed damage and worsened condition since the last video,
an urgent replacement project has been created and recommended for approval.
In order to maintain a balanced CIP outlay for this fiscal year, District staff reviewed project priorities and proposes to defer projects or
lengthen project implementation duration. Eleven (11) CIP projects will be deferred or implemented over a longer time-period. The
suggested deferral and increase in project duration reduces the outlay so that fiscal year CIP funding may be used for the two urgent
projects.
Project 341 generally consists of providing for a redundant pressure pipeline system to eliminate a single point-of-failure in the pressure
conveyance piping, reduce the risk of an SSO, and increase resiliency and reliability. To bring the project to fruition, between $9.0 million
and $13.0 million may be required. The typical annual District CIP budget is between $1.5 and 2.0 million. Therefore, the act of funding
design would require about 40% of the annual outlay, not considering project delivery. A transfer of funds from the Asset Management
funds to the Wastewater funds is being requested to get the project design awarded and started. Additional FY24 funding will be used to
complete the project design during the first seven-month period.
Legal Review
Legal review is not required at this time.
Environmental Review
The replacement of an existing sewer pipe with the same capacity as the existing pipe and implementation of an emergency bypass
system that provides for continued capacity during an outage of the existing pipe are categorically exempt under the California
Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.) under Section 15302 as a “Class 2” project as stated
under 15302(c) “Replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of
capacity“.
Financial Review
The estimated $1,100,000 new project budget request(s) is sufficient to cover the two urgent projects: Project 343 and Project 344.
Deferring and delaying lower priority, less critical projects, along with approving the creation of two projects and reallocating CIP budgets,
provides for no increase in the CIP outlay for the current fiscal year. The $3,021,992 available CIP budget, as of September 30, 2022,
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includes encumbrances and carryover adjustments from 2021-22 FY. Reallocating the $1,278,012 from various project line items to other
project line items and allowing for the new CIP projects, are identified in Attachment A, Proposed CIP Budget Adjustments.
Project 341, Elden FM Redundancy, requires the transfer of $300,000 from the Asset Management fund to the Wastewater fund for
project appropriation so that design service may be obtained and started. The Asset Management Fund currently has a balance of
$5,297,886. Unfortunately, design services are estimated between $650,000 and $800,000. However, design services outlay is estimated
at $54,200 to $66,667 per month during the last five months of the fiscal year. Therefore, the requested $300,000 will cover project costs
until the FY24 CIP budget is adopted and the remaining design fees funded. Based on the Five-Year Rate study, slightly over $2.2 million
will be available for the FY24 CIP budget outlay.
Account Description Account No. Increase Decrease
Asset Management Fund Transfer Out 50-500000-4995 $300,000
Asset Management Fund Cash 50-000000-1001 $300,000
Elden FM Redundancy Project 341 20-201341-4300 $300,000
Unreserved Net Position 20-000000-2990 $300,000
Public Notice Process
Copies of this Staff Board report are on file and will be included with the entire agenda packet for November 28, 2022, Regular Board
meeting at District Headquarters and on the District website at www.cmsdca.gov.
Alternative Actions
1. Refer the matter back to District staff for consideration of alternatives and return to a future meeting, or;
2. Do not approve recommended CIP budget adjustments and direct staff to continue with the existing CIP outlay.
File Attachments
2022 11 28 CIP Budget Adjustments and Form 2 New Projects Board Report Presentation.pdf (18,120 KB)
Attachment A CIP Budget Adjustment Table for Staff Report Rev 1.pdf (41 KB)
Workflow
Workflow Nov 14, 2022 6:16 PM :: Submitted by Mark Esquer. Routed to Kaitlin Tran for approval.
Nov 14, 2022 6:34 PM :: Rejected by Kaitlin Tran
Nov 15, 2022 12:35 AM :: Submitted by Mark Esquer. Routed to Kaitlin Tran for approval.
Nov 15, 2022 4:16 PM :: Approved by Kaitlin Tran. Routed to Scott Carroll for approval.
Nov 16, 2022 12:29 PM :: Approved by Scott Carroll. Routed to Noelani Middenway for
approval.
Nov 22, 2022 10:57 AM :: Final approval by Noelani Middenway
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H. ATTORNEY'S REPORTS
To: Board of Directors
From: Alan Burns, District Counsel
Date: October 24, 2022
Subject: Consider Adopting Resolution No. 2022-974 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. 2022-974 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. 2022-974.
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. 2022-974.
Subject 1. Consider Adopting Resolution No. 2022-974 Authorizing Remote Meetings
Meeting Nov 28, 2022 - Board of Directors Regular Meeting
Type Action
Recommended Action That the Board of Directors adopt Resolution No. 2022-974 authorizing remote meetings.
Goals 6.0 Administrative Management
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Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the November 28, 2022 regular Board Meeting at
District Headquarters and on District website at www.cmsdca.gov.
Alternative Actions
1. Do not adopt Resolution No. 2022-974 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. 2022-974 and direct staff to report back with more information.
File Attachments
reso_2022-974_remote_meetings.pdf (118 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 Nov 28, 2022 - Board of Directors Regular Meeting
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 Nov 28, 2022 - Board of Directors Regular Meeting
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 Nov 28, 2022 - Board of Directors Regular Meeting
Type
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https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#61/65
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 Nov 28, 2022 - Board of Directors Regular Meeting
Type
11/22/22, 4:09 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#62/65
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 Nov 28, 2022 - Board of Directors Regular Meeting
Type
11/22/22, 4:09 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#63/65
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 Nov 28, 2022 - Board of Directors Regular Meeting
Type
11/22/22, 4:09 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#64/65
L. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS
Subject 1. Oral Communications and Director Comments
Meeting Nov 28, 2022 - Board of Directors Regular Meeting
Type Discussion
11/22/22, 4:09 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#65/65
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, December 19, 2022
in the District's Boardroom, located at 290 Paularino Avenue, Costa Mesa, CA 92626.
Subject 1. Adjourn
Meeting Nov 28, 2022 - Board of Directors Regular Meeting
Type Procedural