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Monday, December 19, 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 DECEMBER 19, 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 November 8, 2022
3. Approve the Board of Directors Regular Meeting Minutes of November 28, 2022
4. Approve the preparation of a warrant to CR Transfer in the amount of $201,656.02 for November 2022 recycling and
disposal services in the December 2022 warrant register
5. Approve the Directors' Compensation and Reimbursement of Expenses
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 November 2022 collection
7. Receive and File the November 2022 Organics Tonnage Report
8. Receive and File the November 2022 Solid Waste Diversion Report
9. Receive and File November 2022 Contracts Signed by the General Manager
10. Approve Payroll Transparency Disclosure for November 2022
11. Adopt Warrant Resolution No. CMSD 2023-06 Approving District Warrant Registers
12. Approve the Investment Report for the Month of November 2022
D. PUBLIC HEARINGS
E. GENERAL MANAGER'S REPORTS
1. Board of Directors Nominations and Appointments of Officers
2. Receive and file the Annual Comprehensive Financial Report (ACFR), and the Auditors' Required Communication for
the year ended June 30, 2022.
3. Consider Approving the 2023 Meeting and Office Closure Calendar
4. Consider Adopting Ordinance No. 135 - Amending the Operations Code Pertaining to Term Limitation for Trash and
Recycling Contracts
F. ENGINEER'S REPORTS
1. Receive and File the District Engineer's and Capital Improvement Status Report
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2. Approve a Contract to Insituform Technologies, LLC. in the Amount of $196,762.00, and Approving a 10%
Contingency in the Amount of $19,676.
3. Approve a Sole-Source Contract to West Coast Safety for the Purchase of Emergency Lay-flat Hose and Fittings
4. Awarding a Contract to the Lowest Responsible Bidder, Sancon Technologies, Inc., in the Amount of $140,176
G. TREASURER'S REPORTS
H. ATTORNEY'S REPORTS
1. Consider Adopting Resolution No. 2022-977 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, December 19, 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 DECEMBER 19, 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 Dec 19, 2022 - Board of Directors Regular Meeting
Access Public
Type Procedural
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A. OPENING ITEMS
Subject 2. Pledge of Allegiance - President Ooten
Meeting Dec 19, 2022 - Board of Directors Regular Meeting
Access Public
Type Procedural
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A. OPENING ITEMS
Subject 3. Invocation - Vice President Scheafer
Meeting Dec 19, 2022 - Board of Directors Regular Meeting
Access Public
Type Procedural
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A. OPENING ITEMS
Robert Ooten, President
Michael Scheafer, Vice President
Arlene Schafer, Secretary
Arthur Perry, Director
Brett Eckles, Director
Subject 4. Roll Call - (If absences occur, consider whether to deem those absences excused
based on facts presented for the absence – such determination shall be the
permission required by law.)
Meeting Dec 19, 2022 - Board of Directors Regular Meeting
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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 Dec 19, 2022 - Board of Directors Regular Meeting
Access Public
Type Procedural
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A. OPENING ITEMS
Subject 6. Ceremonial Matters and Presentations
Meeting Dec 19, 2022 - Board of Directors Regular Meeting
Access Public
Type Procedural
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B. Public Comments - This time has been set aside for persons in the audience to
make comments on items within the subject matter jurisdiction of the Costa Mesa
Sanitary District that are not listed on this agenda. Members of the public will
have the opportunity to address the Board of Directors about all other items on
this agenda at the time those items are considered. Under the provisions of the
Brown Act, the Board of Directors is prohibited from taking action on oral
requests but may refer the matter to staff or to a subsequent meeting. The Board
of Directors will respond after public comment has been received. Please state
your name. Each speaker will be limited to four (4) continuous minutes.
Subject 1. Public Comments
Meeting Dec 19, 2022 - Board of Directors Regular Meeting
Access Public
Type Procedural
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C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
Subject 1. Approve Consent Calendar
Meeting Dec 19, 2022 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Recommended Action That the Board of Directors approve the Consent Calendar as presented.
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after
public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is
waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent
calendar as a whole.
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C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Gina Terraneo, Management Analyst II
Date: December 19, 2022
Subject: Approve the Board of Directors Study Session Minutes of November 8, 2022
Summary
The recorded minutes of the November 8, 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 November 8, 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 December 19, 2022 Board of Directors Regular
Meeting at District Headquarters and posted on the District’s website.
Alternative Actions
1. Do not approve the meeting minutes as presented.
2. Direct staff to report back with more information.
File Attachments
Subject 2. Approve the Board of Directors Study Session Minutes of November 8, 2022
Meeting Dec 19, 2022 - Board of Directors Regular Meeting
Access Public
Type Action (Consent), Minutes
Recommended Action That the Board of Directors approve the meeting minutes as presented.
Minutes View Minutes for Nov 8, 2022 - Board of Directors Study Session
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minutes_2022_11_08_ss.pdf (207 KB)
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after
public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is
waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent
calendar as a whole.
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C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Gina Terraneo, Management Analyst II
Date: December 19, 2022
Subject: Approve the Board of Directors Regular Meeting Minutes of November 28, 2022
Summary
The recorded minutes of the November 28, 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 November 28, 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 December 19, 2022 Board of Directors Regular
Meeting at District Headquarters and posted on the District’s website.
Alternative Actions
1. Do not approve the meeting minutes as presented.
2. Direct staff to report back with more information.
File Attachments
Subject 3. Approve the Board of Directors Regular Meeting Minutes of November 28, 2022
Meeting Dec 19, 2022 - Board of Directors Regular Meeting
Access Public
Type Action (Consent), Minutes
Recommended Action That the Board of Directors approve the meeting minutes as presented.
Minutes View Minutes for Nov 28, 2022 - Board of Directors Regular Meeting
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minutes_2022_11_28_rm.pdf (149 KB)
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after
public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is
waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent
calendar as a whole.
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C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Nabila Guzman, Management Analyst I
Date: December 19, 2022
Subject: Approve the preparation of a warrant to CR Transfer in the amount of $201,656.02 for November 2022 recycling and
disposal services in the December 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 $201,656.02 for November 2022
recycling and disposal services to be ratified in the December 2022 warrant register.
Analysis
Below is a chart depicting the total tonnage and payments due for residential and organic waste collected in Costa Mesa and Newport
Beach.
*Due to weight ticket calculation rounding, monthly invoices may be slightly off by a few pennies. Invoices that are slightly off are marked
by an asterisk below.
Type of Waste Invoice Tonnage Rate Amount Billed
Residential Waste - Newport Beach 44140 93.17 $56.52 $5,265.96*
Residential Waste - Costa Mesa 44139 2,435.07 $56.52 $137,630.11*
Total Residential Waste 2,528.24 $142,896.07
Organics Recycling Waste 44176 755.56 $77.77 $58,759.95*
Total Organics 755.56 $58,759.95
Grand Total 3,283.80 $201,656.02
Legal Review
Not Applicable
Environmental Review
Subject 4. Approve the preparation of a warrant to CR Transfer in the amount of
$201,656.02 for November 2022 recycling and disposal services in the December
2022 warrant register
Meeting Dec 19, 2022 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Recommended Action That the Board of Directors approves the preparation of a warrant to CR Transfer in the
amount of $201,656.02 for November 2022 recycling and disposal services to be ratified in
the December 2022 warrant register.
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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
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 December 19, 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.
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after
public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is
waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent
calendar as a whole.
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C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Noelani Middenway, District Clerk/PIO
Date: December 19, 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 December 19, 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_november2022.pdf (487 KB)
Subject 5. Approve the Directors' Compensation and Reimbursement of Expenses
Meeting Dec 19, 2022 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Recommended Action That the Board of Directors approve the compensation and reimbursement of expenses as
presented.
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All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after
public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is
waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent
calendar as a whole.
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C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
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 November 2022
collection
Meeting Dec 19, 2022 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Recommended Action That the Board of Directors accept the occupancy count as presented using 23,091 as the
correct number of active units and direct staff to prepare a warrant to CR&R Environmental
Services for November 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 December 2022 warrant list.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Nabila Guzman, Management Analyst I
Date: December 19, 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 November 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 November 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 December 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 November 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 December 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 November 30, 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 November 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.
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File Attachments
Occupancy Report Official- Nov 2022_.pdf (85 KB)
Financial Review
Sufficient funds are available in the adopted budget to pay for the services provided.
Public Notice Process
Copies of this Staff Board report are on file and will be included with the entire agenda packet for December 19, 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.
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: December 19, 2022
Subject: Receive and File the November 2022 Organics Tonnage Report
Summary
A total of 755.56 tons of organic waste were collected in November 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 November 2022 Organics Tonnage Report
Meeting Dec 19, 2022 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Recommended Action That the Board of Directors receive and file this report.
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Legal Review
Not applicable.
Environmental Review
Consideration of the Organics Tonnage Report is an administrative matter and not a disturbance of the environment similar to grading or
construction and not a project under CEQA or the District’s CEQA Guidelines.
Financial Review
Not applicable.
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the December 19, 2022 Board of Directors
Regular meeting at District Headquarters and posted on the District’s website.
Alt ti A ti
File Attachments
Organics.png (7 KB)
Organics Tonnage.png (19 KB)
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after
public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is
waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent
calendar as a whole.
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C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Nabila Guzman, Management Analyst I
Date: December 19, 2022
Subject: Receive and File the November 2022 Solid Waste Diversion Report
Summary
A total of 1,988.05 tons of solid waste were collected and recycled in November 2022.
Recommendation
That the Board of Directors receive and file this report.
Analysis
A total of 1,988.05 tons of solid waste were collected and recycled in November 2022. This month, 60% 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 9,950.23 tons of solid waste have been recycled and the District diversion rate is 61.28% for the last
five months.
Subject 8. Receive and File the November 2022 Solid Waste Diversion Report
Meeting Dec 19, 2022 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Recommended Action That the Board of Directors receive and file this report.
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Legal Review
Not applicable.
Environmental Review
Consideration of the Solid Waste Report is an administrative matter and not a disturbance of the environment similar to grading or
construction and not a project under CEQA or the District’s CEQA Guidelines.
Financial Review
Not applicable.
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the December 19, 2022 Board of Directors
Regular meeting at District Headquarters and posted on the District’s website.
Alt ti A ti
File Attachments
Tonnage.png (42 KB)
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after
public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is
waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent
calendar as a whole.
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C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
To: Board of Directors
From: Scott Carroll, General Manager
Date: December 19, 2022
Subject: Receive and File November 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 November 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 November 2022:
Contracts
No contracts signed
Purchase Orders
1. Sure-Close, Inc.: Purchased 10,800 kitchen pails for organics recycling program. 50% of this expense will be reimbursed from the
CalRecycle grant– Cost: $49,806.36
2. GCI Construction, Inc.: Emergency repair and grading for Lamp Hole in the street – Cost: $6,800.00
3. Workplace Solutions: New workstation for employees at the Yard. – Cost: $7,116.89
4. Haaker Equipment Company: Vactor 2112i Combo Cleaning Truck – Cost: $574,200.82
5. Commercial Transportation Service: Online Driving Course for Class B License for District employee in the Wastewater Department –
Cost $2,159.00
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
Subject 9. Receive and File November 2022 Contracts Signed by the General Manager
Meeting Dec 19, 2022 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Recommended Action That the Board of Directors receive and file this report.
Goals 6.0 Administrative Management
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Copies of this report are on file and will be included with the entire agenda packet for the December 19, 2022 Board of Directors regular
meeting at District Headquarters and on District website at www.cmsdca.gov.
Alternative Actions
1. Direct staff to report back with more information
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after
public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is
waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent
calendar as a whole.
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C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Autumn Alvarez, Accounting Clerk
Date: December 19, 2022
Subject: Approve Payroll Transparency Disclosure for November 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 December 19, 2022 Board of Directors
Regular meeting at District Headquarters and posted on the District’s website www.cmsdca.gov.
Alternative Actions
Refer item back to staff with further instructions.
File Attachments
Subject 10. Approve Payroll Transparency Disclosure for November 2022
Meeting Dec 19, 2022 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Fiscal Impact Yes
Budgeted Yes
Recommended Action That the Board of Directors approve and file the report.
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Payroll Transparency Disclosure for November 2022.pdf (171 KB)
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after
public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is
waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent
calendar as a whole.
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C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Autumn Alvarez, Accounting Clerk
Date: December 19, 2022
Subject: Adopt Warrant Resolution No. CMSD 2023-06 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 December 19, 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 2023-06 Approving District Warrant
Registers
Meeting Dec 19, 2022 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Budgeted Yes
Recommended Action That the Board of Directors adopt Warrant Resolution No. CMSD 2023-06 approving District
warrants for the month of November in the amount of $1,141,562.02
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File Attachments
WARRANT RESO 2023-06.pdf (488 KB)
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after
public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is
waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent
calendar as a whole.
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C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
To: Board of Directors
From: Marc Davis, District Treasurer
Date: December 19, 2022
Subject: Approve the Investment Report for the Month of November 2022
Summary
Attached is the Investment Report for the month of November 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 November 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 November 30, 2022. The District’s investments are in compliance with the Statement of Investment Policy
adopted by the Board at the June 27, 2022 regular meeting, as well as the California Government Code. The market values in this report
were provided by our third party custodian, Pershing, LLC, except for the Local Agency Investment Fund (LAIF). The market value of
LAIF was provided by the State Treasurer’s Office. It does not represent the value of the underlying securities within the pool, but rather
the par or cost amount, which is the amount the District is entitled to withdraw. This reporting practice is consistent with industry standard
practices for similar funds.
The weighted average stated rate of return (current yield) for the District’s investment portfolio as of November 30, 2022, was 1.209%.
The yield to maturity of the portfolio was 1.210%. The District’s weighted average interest rate was 80 basis points (0.798%) below the
LAIF average monthly rate for November of 2.007%. The weighted average number of days to maturity for the District’s total portfolio was
882 days (2.42 years). The duration of the underlying securities in LAIF as of November 30, 2022 was 298 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 November 30, 2022 was 24.76%. The
District has adequate cash reserves necessary to meet its obligations for the next six months.
A majority of the District’s cash and investments is reserved or set aside for specific purposes. A description of the various classifications
of the District’s cash and investments are as follows:
Solid Waste Fund:
Operating Reserve - Equal to 30% of the operations budget of the Solid Waste Fund per Operations Code Section
4.030.020. The Operating Reserve can only be accessed with prior Board approval.
Designated for Revenue Dry Period - Equal to 5 months of budgeted operating expenses for the fiscal year to cover the
cash deficit during the period in which the District does not receive any of its annual charges from the County of Orange.
Subject 12. Approve the Investment Report for the Month of November 2022
Meeting Dec 19, 2022 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Recommended Action That the Board of Directors approve the Investment Report for the month of November 2022.
Goals 8.0 Finance
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The revenue dry period is from June through October.
Undesignated - Remaining available cash, which is currently used for rate stabilization and payment of organics recycling
costs.
Wastewater Fund:
Operating Reserve - Equal to 25% of the operations budget of the Wastewater Fund per Operations Code Section
4.030.020. The Operating Reserve can only be accessed with prior Board approval.
Reserved for Capital Outlay - Set aside for capital improvement projects approved and budgeted by the Board, but which
have not yet been completed.
Designated for Revenue Dry Period - Equal to 5 months of budgeted operating expenses for the fiscal year to cover the
cash deficit during the period in which the District does not receive any of its annual charges from the County of Orange.
The revenue dry period is from June through October.
Undesignated - Remaining available cash, which is available to be appropriated by the Board.
Facilities Revolving Fund - Collection of fixture fees which is a restricted revenue source and can only be used for new sewer
facilities.
Asset Replacement Fund - Accumulation of funds for replacement of vehicles, equipment and computers.
Asset Management Fund - Accumulation of funds in accordance with the asset management model for long-term replacement of
sewer pipes and related infrastructure.
Legal Review
Legal review is not required.
Environmental Review
Subject activity is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section
21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures “to list those specific activities which
fall within each of the exempt classes”, and the District has adopted “CEQA Guidelines and Implementing Procedures” that state on page
6, “”Projects” does not include….C. Continuing administrative or maintenance activities.”
Financial Review
The portfolio was budgeted to earn an average rate of 0.864% for the year ending June 30, 2023. Through November 30, 2022, the
portfolio has earned a weighted average interest rate of 1.103%.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the December 19, 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 - November 2022.pdf (453 KB)
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after
public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is
waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent
calendar as a whole.
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E. GENERAL MANAGER'S REPORTS
To: Board of Directors
From: Noelani Middenway, District Clerk/Public Information Officer
Date: December 19, 2022
Subject: Board of Directors Appointment of Officers
Summary
At this time, it is appropriate for the Board of Directors to consider appointing new officers of the Board, as well as nominating and
appointing Board Members to represent the District on local, regional, and statewide committees and organizations.
Analysis
Costa Mesa Sanitary District Board Members are nominated and appointed to serve as the District's representatives on several local,
regional, and statewide committees and organizations. The following committees require the appointment of a Board Member for a two-
year term:
Costa Mesa Sanitary District Board:
President
Vice President
Secretary
Vice Secretary
Orange County Sanitation District (OCSD) Board of Directors: Board Member + Alternate
Santa Ana River Flood Protection Agency (SARFPA): Board Member + Alternate
The Board Members may participate in the appointment of themselves to other agencies and committees, pursuant to Fair Political
Practices Commission (FPPC) Regulation 18705.5, which provides that you are allowed to vote on appointments to boards, joint powers
authorities of other agencies, or to a standing or ad hoc committee of your own agency, provided the District has adopted and posted on
its website, on an FPCC-approved form, the name of the public officer who has been appointed and the position and the name of any
alternate, along with the term of the appointment.
At this time, it is appropriate to identify any additional committees and/or organizations that require CMSD representation, nomination,
and appointment of Board Members to said agencies.
Legal Review
Not applicable.
Environmental Review
Board of Directors nominations and appointments are an administrative matter, which will not result in direct or indirect
physical changes to the environment similar to grading or construction and is not considered a project under CEQA.
Financial Review
Not applicable.
Public Notice Process
Subject 1. Board of Directors Nominations and Appointments of Officers
Meeting Dec 19, 2022 - Board of Directors Regular Meeting
Access Public
Type Action
Recommended Action That the Board of Directors considers appointing new officers of the Board, as well as
appointing Board members to represent the District on local, regional, and statewide
committees and organizations.
Goals 5.0 Administrative Management
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Copies of this report are on file and will be included with the complete agenda packet for the December 19, 2022 Board of Directors
Regular Meeting at District Headquarters and posted on the District’s website.
Alternative Actions
Other action as directed by the Board of Directors.
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E. GENERAL MANAGER'S REPORTS
To: Board of Directors
Via: Scott Carroll, General Manager
From: Kaitlin Tran, Finance Manager
Date: December 19, 2022
Subject: Receive and file the Annual Comprehensive Financial Report (ACFR), and the Auditors' Required Communication for
the year ended June 30, 2022.
Summary
The annual financial audit of the District has been completed. Attached to this report are the audited financial statements, the auditors’
report in accordance with Government Auditing Standards, and the auditors’ required communication for the fiscal year ended June 30,
2022. Paul Kaymark, Partner, Nigro & Nigro PC, which is the District’s independent audit firm that conducted the annual audit.
Recommendation
The Board of Directors receive and file:
1) The Annual Comprehensive Financial Report for Year Ended June 30,2022,
2) The Auditors’ Required Communication for the Year Ended June 30, 2022.
Analysis
Financial highlights during the year ended June 30, 2022 included:
The District’s net position increased 2.48%, or $1,567,143 from the prior year’s net position of $63,296,052 to $64,863,195, as a
result of the year’s operations.
Operating revenues increased by 3.40%, or $394,811 from $11,599,955 to $11,944,766, from the prior year, primarily due to
increases in trash assessment revenue as a result of a rate increase.
Operating expenses before depreciation expense decreased by 12.71% or $1,313,471 from $10,337,557 to $9,024,086, from the
prior year, primarily due to decreases in recycling and disposal charges, as well as general and administrative costs.
The District has fully funded both its unfunded pension liability and other post-employment benefits
The Annual Comprehensive Financial Report and the Auditors' Required Communication for the year ended June 30, 2022 are attached
to this report.
Legal Review
Not applicable.
Environmental Review
The preparation of financial statements is an administrative action that 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.”
Subject 2. Receive and file the Annual Comprehensive Financial Report (ACFR), and the
Auditors' Required Communication for the year ended June 30, 2022.
Meeting Dec 19, 2022 - Board of Directors Regular Meeting
Access Public
Type Receive and File
Goals 8.1 Finance - Achieve financial excellence awards
8.0 Finance
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Financial Review
The cost of the annual audit was $15,000, which was included in the District’s budget.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the December 19, 2022, Board of Directors regular
meeting at District Headquarters and on District’s website at www.cmsdca.gov.
Alternative Actions
Refer the matter back to staff.
File Attachments
CMSD ACFR FY 2021-22 - FINAL.pdf (2,632 KB)
CMSD - Final Communication With Governance Letter - 2022.pdf (408 KB)
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E. GENERAL MANAGER'S REPORTS
To: Board of Directors
Via: Scott Carroll, General Manager
From: Noelani Middenway, District Clerk/Public Information Officer
Date: December 19, 2022
Subject: Consider Approving the 2023 Meeting and Office Closure Calendar
Summary
Attached is the proposed Costa Mesa Sanitary District 2023 Meeting & Office Closure Calendar for consideration and approval.
Analysis
The following meeting dates deviate from their regular schedule, due to conferences, office closures and holidays:
August Board Meeting: The regular Board meeting has been moved from Monday, August 28 to Monday, August 21 to allow the
Board of Directors to attend the California Special Districts Association (CSDA) Annual Conference
December Board Meeting: To accommodate Board Members, District staff, and members of the public that may be traveling
between the Christmas and New Years holidays, the December Board Meeting is proposed to be rescheduled from Monday,
December 25 to Monday, December 18 at its regular time of 4:30 p.m..
Recommendation
That the Board of Directors approve the Costa Mesa Sanitary District 2023 Meeting and Office Closure Calendar as presented.
Legal Review
Not applicable.
Environmental Review
Approving the 2023 meeting and office closure calendar is an administrative matter, which will not result in direct or indirect physical
changes to the environment similar to grading or construction and is not considered a project under CEQA.
Financial Review
Not applicable.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the December 19, 2022 Board of Directors
Regular Meeting at District Headquarters and posted on the District’s website.
Alternative Actions
1. Direct staff to make specified changes to proposed calendar.
File Attachments
calendar_2023_meeting_officeclosure.pdf (98 KB)
Subject 3. Consider Approving the 2023 Meeting and Office Closure Calendar
Meeting Dec 19, 2022 - Board of Directors Regular Meeting
Access Public
Type Action
Recommended Action That the Board of Directors approve the Costa Mesa Sanitary District 2023 Meeting and Office
Closure Calendar as presented.
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E. GENERAL MANAGER'S REPORTS
To: Board of Directors
From: Scott Carroll, General Manager
Date: December 19, 2022
Subject: Consider Adopting Ordinance No. 135 - Amending the Operations Code Pertaining to Term Limitation for Trash and
Recycling Contracts
Summary
For nearly a year, staff and CR&R have been negotiating an amendment to the 2018 Agreement for curbside trash and recycling
collection, processing and disposal that will include stipulations to fulfill the requirements under SB 1383, California Short-Lived Climate
Pollutant Reduction Strategy.
Recommendation
That the Board of Directors adopt Ordinance No. 135
Analysis
On several occasions, the Board has reviewed and commented on the draft amendment. The draft amendment included the option to
extend the ten-year term of the 2018 agreement for up to two (2) five-year extensions upon mutual agreement of both parties. However,
District Counsel advised the Board that before the amendment is approved, the District has to amend Section 4.04.070(g) of the District's
Operations Code because the new term cited in the amendment is in conflict with the Operations Code.
Section 4.04.070(g) of the Operations Code states:
"Ten-Year Term Limitation for Trash and Recycling Contracts: No agreement or contract for trash and recycling services shall extend for
more than ten (10) years, including any authorized extensions."
Ordinance No. 135 deletes Section 4.04.070(g) in its entirely and replaces with a new section that allows trash and recycling contracts to
be extended for more than ten years.
Legal Review
District Counsel has reviewed and approved Ordinance No. 135.
Environmental Review
Adopting an ordinance that amends contract terms for trash and recycling contracts is an administrative matter and is exempt from the
requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of
CEQA allows an agency while establishing its own procedures “to list those specific activities which fall within each of the exempt
classes”, and the District has adopted “CEQA Guidelines and Implementing Procedures” that state on page 6 ”Projects” does not include
…. C. Continuing administrative or maintenance activities.”
Financial Review
There are no financial impacts to the District for adopting Ordinance No. 135
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the December 19, 2022 Board of Directors regular
meeting at District Headquarters and on District website at www.cmsdca.gov.
Subject 4. Consider Adopting Ordinance No. 135 - Amending the Operations Code Pertaining
to Term Limitation for Trash and Recycling Contracts
Meeting Dec 19, 2022 - Board of Directors Regular Meeting
Access Public
Type Action
Recommended Action That the Board of Directors adopt Ordinance No. 135
Goals 2.0 Solid Waste
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Alternative Actions
1. Do not adopt Ordinance No. 135.
2. Direct staff to report back with more information.
File Attachments
Ordinance No. 135 - Amending Operations Code Pertaining to Trash Contract Term.doc (36 KB)
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F. ENGINEER'S REPORTS
To: Board of Directors
From: Mark Esquer, District Engineer
Date: December 19, 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-November to mid-December. 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 December 19, 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 12 Monthly Engineers Report CMSD Memorandum.pdf (201 KB)
CIP Updates 2022-11.pdf (1,239 KB)
Subject 1. Receive and File the District Engineer's and Capital Improvement Status Report
Meeting Dec 19, 2022 - Board of Directors Regular Meeting
Access Public
Type Action
Preferred Date Dec 19, 2022
Fiscal Impact No
Budgeted Yes
Budget Source Current Year operating Budget
Recommended Action The Board of Directors Receive and File the District Engineer's Report and Capital
Improvement Projects Status
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F. ENGINEER'S REPORTS
To: Board of Directors
From: Mark Esquer, District Engineer
Date: December 19, 2022
Subject: Approve Awarding a Contract to Insituform Technologies, LLC. in the Amount of $196,762, and Approving a 10%
Contingency in the Amount of $19,676.
Summary
The project work generally consists of rejuvenating the inside of three (3) existing pipes associated with two (2) inverted-siphon facilities
(Siphons) and lining them with a cured-in-place pipe (CIPP). The contract work includes cleaning the siphons, repairing and/or grouting
holes, and installing the liners. The project work is being conducted because the siphons have defects, cracks, and breaks that must be
repairs and the pipe rejuvenated prior to failure.
Bids, received from one contractor, were opened on December 1, 2022. The bid amount was $196,762 and it is under the Engineer's
Estimate of $210,000.
The Engineer's Estimate is based on unit prices from the Project 335 Siphon Rehabilitation Phase II project bids. The 335 Sewer Siphon
project contains significantly more risk than the DIP or Grade 4/5 Lining Projects because the pipes leak and are under the ground water
level.
Recommendation
That the Board of Directors:
1. Award a contract to the lowest responsive and responsible bidder, Insituform Technologies, LLC. in the amount of $196,762; and
3. Approve a 10% contingency in the amount of $19,676.
Analysis
The District commissioned the Project 331 Sewer Siphon Evaluation during the Fall of 2020 that evaluated eight (8) District siphons,
comprising 14 pipes. Based on the Evaluation, the District sewers require or may require rehabilitation. This Phase 2 project will
rehabilitate two more siphons, leaving only two siphons not rehabilitated. The two remaining siphons are in reasonable shape and may
have rehabilitation deferred.
This 335 Phase II Siphon project, comprising two of eight siphons, will rejuvenate Siphons #1 (two pipes) and #3 (one pipe). Three of the
highest-risk, most-damaged siphons (Siphons #5, #8, and #9), that comprise 6 of 14 pipelines, were previously rehabilitated by the Phase
I project. When Phase II is complete, 9 of the 14 siphon pipes will be rehabilitated.
Legal Review
Subject 2. Approve a Contract to Insituform Technologies, LLC. in the Amount of
$196,762.00, and Approving a 10% Contingency in the Amount of $19,676.
Meeting Dec 19, 2022 - Board of Directors Regular Meeting
Access Public
Type Action
Preferred Date Dec 19, 2022
Absolute Date Jan 23, 2023
Fiscal Impact No
Dollar Amount $216,438.00
Budgeted Yes
Budget Source Project 335 CIP Budget
Recommended Action 1. Award a contract to the lowest responsive and responsible bidder, Insituform Technologies,
LLC. in the amount of $196,762; and
2. Approve a 10% contingency in the amount of $19,676.
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District Counsel has reviewed the contracts and approved to form.
Environmental Review
Rehabilitating existing sewer pipeline is categorically exempt under the California Environmental Quality Act (CEQA) (Public Resources
Code Section 21000 et. seq.) under Section 15302 as a “Class 2” project as stated under 15302(c) “Replacement or reconstruction of
existing utility systems and/or facilities involving negligible or no expansion of capacity“.
Financial Review
The available 335 Project funds, with encumbrance and after the budget adjustment, is $253,833, as of November 30, 2022. The total
construction cost for this project phase is $216,438, including a contingency cost. There is adequate funding for this project.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the December 19, 2022 Board of Directors
meeting at District Headquarters and posted on the District's website at www.cmsdca.gov
Alternative Actions
1. Reject all bids and direct staff to solicit bids again.
2. Refer the matter back to staff for additional information.
File Attachments
CIP 335 - Sewer Siphon Rehab - Phase II - Agreement.pdf (12,501 KB)
CIP 335 Sewer Siphon Rehab - Phase II - Bonds.pdf (4,004 KB)
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F. ENGINEER'S REPORTS
To: The Board of Directors
From: Mark Esquer, District Engineer
Date: December 19, 2022
Subject: Approve a Sole-Source Contract to West Coast Safety for the Purchase of Emergency Lay-flat Hose and Fittings
Summary
District staff is recommending a sole-source contract to West Coast Safety, located in orange county, because they are the only provider
of this product in California. There is another vendor, but that vendor is located on the east coast.
The purchase consists of three (3) special trailers with reels and motor for deploying and retrieving the hose, 7,920 feet of 12"
emergency, 175 psi hose, and fittings. The Quote received from West Coast Safety is $674,838, plus freight Freight estimated at
$10,000.
Recommendation
Approve Sole-source Contract to West Safety Supply Inc., for the Purchase of three (3) 12-inch, Emergency Hose Reel System(s), Not-
to-Exceed of $700,000, including freight/delivery and taxes.
Analysis
OC Sanitation solicited bids for a similar quantity of lay-flat emergency hose about 6 years ago. West Coast Safety was the only bidder.
West Coast Safety also provided the emergency hose for Irvine Ranch Water District. Both agencies purchased multiple reels of 12-in
emergency, lay-flat hose.
West Coast Safety stated that the pricing for the hose and trailers will increase 15% in January 2023 (January 1st). If the District does not
issue a purchase order prior to the new calendar year, a 15% Price increase will be charged. A 15% increase amounts to an $80,000
increase in this order. Due to this potential price increase, time is of the essence.
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.”
Subject 3. Approve a Sole-Source Contract to West Coast Safety for the Purchase of
Emergency Lay-flat Hose and Fittings
Meeting Dec 19, 2022 - Board of Directors Regular Meeting
Access Public
Type Action, Discussion
Preferred Date Dec 19, 2022
Fiscal Impact No
Dollar Amount $700,000.00
Budgeted Yes
Budget Source 343 Elden Emergency Bypass CIP Budget
Recommended Action Approve Sole-source Contract to West Safety Supply Inc., for the Purchase of three (3) 12-
inch, Emergency Hose Reel System(s), in the amount Not-to-Exceed $700,000, including
freight/delivery and taxes.
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Financial Review
On November 28, 2022, the Board of Directors approved the Project 343 Elden Emergency Bypass Budget in the amount of $1,000,000.
Funds for purchasing the emergency lay-flat hose system(s) are included in that budget.
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the December 19, 2022 Board of Directors
Regular meeting at District Headquarters and posted on the District’s website.
Alternative Actions
1. Direct staff to report back with more information.
File Attachments
Est_67939_from_WEST_COAST_SAFETY_SUPPLY_INC._5740.pdf (531 KB)
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F. ENGINEER'S REPORTS
To: Board of Directors
From: Mark Esquer, District Engineer
Date: December 19, 2022
Subject: Awarding a Contract to the Lowest Responsible Bidder, Sancon Technologies, Inc., in the Amount of $140,176
Summary
The Project work generally consists of rehabilitating fifteen (15) manholes including installing cured-in-place, structural liners. The District
has over 5,000 brick manholes, some dating back to the late 40's and 1950's. The District started a program rehabilitating and restoring
the manholes to avoid a major failure or sink-hole. While the brick material is generally resistant to acid and sewer gas attack, the mortar
between the bricks is susceptible to sewer corrosion. This is the 4th brick manhole rehabilitation project for the District.
Bids, received from two contractors, were opened on November 17, 2022, and were $149,465 and $140,176. The Bid Register showing
bidder details is attached to this report. The Engineer's estimate for this project is $97,000.
Recommendation
The Board of Directors:
1. Award a contract to the lowest responsive and responsible bidder, Sancon Technologies, Inc, in the amount of $140,176 for
Rehabilitating Brick Manholes; and
2. Approve a 8% contingency in the amount of $11,214 (8%)
Analysis
Rehabilitation of the brick manhole consists of high-pressure blasting of the brick and mortar interior then coating with an epoxy-based,
cementitious mortar. A fiberglass or reinforcement mat is coated with resin, installed into the manhole, and inflated with hot air or steam
until the resin cures. The cured-in-place liner is structurally sound and may stand on its own, should the manhole deteriorate from the
outside. The cost of installing a new or replacement manhole is twice the cost of rehabilitation.
Legal Review
District Counsel has reviewed the contracts and approved to form.
Environmental Review
Rehabilitating existing sewer pipeline is categorically exempt under the California Environmental Quality Act (CEQA) (Public Resources
Code Section 21000 et. seq.) under Section 15302 as a “Class 2” project as stated under 15302(c) “Replacement or reconstruction of
Subject 4. Awarding a Contract to the Lowest Responsible Bidder, Sancon Technologies,
Inc., in the Amount of $140,176
Meeting Dec 19, 2022 - Board of Directors Regular Meeting
Access Public
Type Action, Discussion
Preferred Date Dec 19, 2022
Absolute Date Jan 23, 2023
Fiscal Impact No
Dollar Amount $151,390.00
Budgeted Yes
Budget Source Project 324 Manhole Rehab CIP Budget
Recommended Action That the Board of Directors:
1. Award a contract to the lowest responsive and responsible bidder, Sancon Technologies,
Inc, in the amount of $226,843 for Rehabilitating Brick Manholes; and
2. Approve a 10% contingency in the amount of $11,214 (8%)
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existing utility systems and/or facilities involving negligible or no expansion of capacity“.
Financial Review
The available 324 Project funds, with encumbrance, is $153,467, as of November 30, 2022. The total construction cost for this project
phase is $151,390, including an 8% contingency and construction administration costs. There is adequate funding for this project.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the December 19, 2022 Board of Directors
meeting at District Headquarters and posted on the District's website at www.cmsdca.gov
Alternative Actions
1. Reject all bids and direct staff to solicit bids again.
2. Refer the matter back to staff for additional information.
File Attachments
2022 11 17 CMSD 324 Phase 4 Quote Sheet.pdf (60 KB)
324 MH Rehab P4 Agreement.pdf (12,970 KB)
324 P4 Faithful Performance CMSD Project Place Holder.docx (24 KB)
324 P4 Labor and Material bond CMSD Project Place Holder.doc (34 KB)
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H. ATTORNEY'S REPORTS
To: Board of Directors
From: Alan Burns, District Counsel
Date: December 19, 2022
Subject: Consider Adopting Resolution No. 2022-977 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. 2022-977 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.
The Governor has announced that the COVID state of emergency declaration will end on February 28, 2023. At that point, we will no
longer be able to hold emergency teleconference meetings pursuant to AB 361. AB 2449 will then provide some authority to attend
remotely under specified conditions. AB 2449 will remain in effect through 2025. After that, the traditional teleconferencing rules will
remain in effect.
Legal Review
District Counsel has prepared this staff report and Resolution No. 2022-977.
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
Subject 1. Consider Adopting Resolution No. 2022-977 Authorizing Remote Meetings
Meeting Dec 19, 2022 - Board of Directors Regular Meeting
Access Public
Type Action
Recommended Action That the Board of Directors adopt Resolution No. 2022-977 authorizing remote meetings.
Goals 6.0 Administrative Management
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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. 2022-977
.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the December 19, 2022 Regular Board Meeting at
District Headquarters and on District website at www.cmsdca.gov.
Alternative Actions
1. Do not adopt Resolution No. 2022-977 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. 2022-977 and direct staff to report back with more information.
File Attachments
reso_2022-977_remote_meetings.pdf (66 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 Dec 19, 2022 - Board of Directors Regular Meeting
Access Public
Type
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I. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is
required to be given by a Director for any meeting for which expense
reimbursement of any kind is provided. Note: For meetings for which the per
diem compensation is sought, the Operations Code provides that such
compensation is authorized for each day’s service rendered as a Director at the
request of the Board (not to exceed six days in one month), and certain meetings
are specified as being eligible as set forth in District Operations Code §
3.01.030. For meetings not so listed, the Board must approve the service for it to
be eligible for the per day compensation.
Subject 2. Santa Ana River Flood Protection Agency (SARFPA) - (Director Perry)
Meeting Dec 19, 2022 - Board of Directors Regular Meeting
Access Public
Type
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I. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is
required to be given by a Director for any meeting for which expense
reimbursement of any kind is provided. Note: For meetings for which the per
diem compensation is sought, the Operations Code provides that such
compensation is authorized for each day’s service rendered as a Director at the
request of the Board (not to exceed six days in one month), and certain meetings
are specified as being eligible as set forth in District Operations Code §
3.01.030. For meetings not so listed, the Board must approve the service for it to
be eligible for the per day compensation.
Subject 3. Independent Special Districts of Orange County (ISDOC) - (Secretary Schafer)
Meeting Dec 19, 2022 - Board of Directors Regular Meeting
Access Public
Type
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I. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is
required to be given by a Director for any meeting for which expense
reimbursement of any kind is provided. Note: For meetings for which the per
diem compensation is sought, the Operations Code provides that such
compensation is authorized for each day’s service rendered as a Director at the
request of the Board (not to exceed six days in one month), and certain meetings
are specified as being eligible as set forth in District Operations Code §
3.01.030. For meetings not so listed, the Board must approve the service for it to
be eligible for the per day compensation.
Subject 4. California Special Districts Association (CSDA) - (Secretary Schafer)
Meeting Dec 19, 2022 - Board of Directors Regular Meeting
Access Public
Type
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I. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is
required to be given by a Director for any meeting for which expense
reimbursement of any kind is provided. Note: For meetings for which the per
diem compensation is sought, the Operations Code provides that such
compensation is authorized for each day’s service rendered as a Director at the
request of the Board (not to exceed six days in one month), and certain meetings
are specified as being eligible as set forth in District Operations Code §
3.01.030. For meetings not so listed, the Board must approve the service for it to
be eligible for the per day compensation.
Subject 5. Special District Risk Management Authority (SDRMA) - (Vice President Scheafer)
Meeting Dec 19, 2022 - Board of Directors Regular Meeting
Access Public
Type
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I. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is
required to be given by a Director for any meeting for which expense
reimbursement of any kind is provided. Note: For meetings for which the per
diem compensation is sought, the Operations Code provides that such
compensation is authorized for each day’s service rendered as a Director at the
request of the Board (not to exceed six days in one month), and certain meetings
are specified as being eligible as set forth in District Operations Code §
3.01.030. For meetings not so listed, the Board must approve the service for it to
be eligible for the per day compensation.
Subject 6. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55,
Operations Code Section 3.01.030
Meeting Dec 19, 2022 - Board of Directors Regular Meeting
Access Public
Type
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L. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS
Subject 1. Oral Communications and Director Comments
Meeting Dec 19, 2022 - Board of Directors Regular Meeting
Access Public
Type Discussion
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O. CLOSING ITEMS
The next regular meeting of the Costa Mesa Sanitary District Board of Directors will be held at 4:30 p.m. on Monday, January 23, 2023 in
the District's Boardroom, located at 290 Paularino Avenue, Costa Mesa, CA 92626.
Subject 1. Adjourn
Meeting Dec 19, 2022 - Board of Directors Regular Meeting
Access Public
Type Procedural