2023_01_23_board1/19/23, 3:39 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#1/3
Monday, January 23, 2023
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 JANUARY 23, 2023 REGULAR BOARD MEETING
This 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 - 850 1825 3471
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 850 1825 3471#
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 Scheafer
2. Pledge of Allegiance - President Scheafer
3. Invocation - Vice President Schafer
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.)
1/19/23, 3:39 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#2/3
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 December 13, 2022
3. Approve the Board of Directors Regular Meeting Minutes of December 19, 2022
4. Approve Payroll Transparency Disclosure for December 2022
5. Approve the Directors' Compensation and Reimbursement of Expenses
6. Adopt Warrant Resolution No. CMSD 2023-07 Approving District Warrant Registers
7. Approve the Investment Report for the Month of December 2022
8. Accept the occupancy count as presented as 23,091 and direct staff to prepare a warrant to CR&R Environmental
Services for $246,004.59 for December 2022 collection
9. Receive and File December 2022 Contracts Signed by the General Manager
10. Adopt Resolution No. 2023-978 Ordering that Publication of Ordinance No. 135 has Occurred
D. PUBLIC HEARINGS
E. GENERAL MANAGER'S REPORTS
1. 2022 Self-Audit of CMSD's Sewer System Management Plan performed by EEC Environmental
2. Consider Approving the First Amendment to the 2018 Agreement with CR&R Incorporated
3. Discuss Preliminary Budget Calendar for the 2023-2025 Biennial Budget
4. Receive and File the Popular Annual Financial Report (PAFR) for the Year Ended June 30, 2022.
5. Consider Contribution Program Application for Estancia High School Baseball Boosters
6. Receive and File the Costa Mesa Sanitary District 2022 Year in Review - Oral Report
7. Receive and File 2022 Annual Performance Measurement Report
8. Receive and File 2020-25 Strategic Plan Progress Report - FY 2022-23 Second Quarter
9. Receive and File General Manager's 2022 Performance Goals and Consider Approving his 2023 Performance Goals
F. ENGINEER'S REPORTS
1/19/23, 3:39 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#3/3
1. Receive and File the District Engineer's Report and Capital Improvement Projects Status
G. TREASURER'S REPORTS
H. ATTORNEY'S REPORTS
1. Consider Adopting Resolution No. 2023-979 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) - (Vice Secretary Ooten)
2. Santa Ana River Flood Protection Agency (SARFPA) - (Secretary Perry)
3. Independent Special Districts of Orange County (ISDOC) - (Vice President Schafer)
4. California Special Districts Association (CSDA) - (Vice President Schafer)
5. Special District Risk Management Authority (SDRMA) - (President Scheafer)
6. Copy of 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
1/19/23, 3:40 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#1/57
Monday, January 23, 2023
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 JANUARY 23, 2023 REGULAR BOARD MEETING
This 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 - 850 1825 3471
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 850 1825 3471#
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 Scheafer
Meeting Jan 23, 2023 - Board of Directors Regular Meeting
Access Public
Type Procedural
1/19/23, 3:40 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#2/57
A. OPENING ITEMS
Subject 2. Pledge of Allegiance - President Scheafer
Meeting Jan 23, 2023 - Board of Directors Regular Meeting
Access Public
Type Procedural
1/19/23, 3:40 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#3/57
A. OPENING ITEMS
Subject 3. Invocation - Vice President Schafer
Meeting Jan 23, 2023 - Board of Directors Regular Meeting
Access Public
Type Procedural
1/19/23, 3:40 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#4/57
A. OPENING ITEMS
Michael Scheafer, President
Arlene Schafer, Vice President
Arthur Perry, Secretary
Robert Ooten, Vice Secretary
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 Jan 23, 2023 - Board of Directors Regular Meeting
Access Public
Type Procedural
1/19/23, 3:40 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#5/57
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 Jan 23, 2023 - Board of Directors Regular Meeting
Access Public
Type Procedural
1/19/23, 3:40 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#6/57
A. OPENING ITEMS
Subject 6. Ceremonial Matters and Presentations
Meeting Jan 23, 2023 - Board of Directors Regular Meeting
Access Public
Type Procedural
1/19/23, 3:40 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#7/57
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 Jan 23, 2023 - Board of Directors Regular Meeting
Access Public
Type Procedural
1/19/23, 3:40 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#8/57
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 Jan 23, 2023 - 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.
1/19/23, 3:40 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#9/57
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: January 23, 2023
Subject: Approve the Board of Directors Study Session Minutes of December 13, 2022
Summary
The recorded minutes of the December 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 December 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 January 23, 2023 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 December 13, 2022
Meeting Jan 23, 2023 - 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 Dec 13, 2022 - Board of Directors Study Session
1/19/23, 3:40 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#10/57
minutes_2022_12_13_ss.pdf (188 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.
1/19/23, 3:40 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#11/57
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: January 23, 2023
Subject: Approve the Board of Directors Regular Meeting Minutes of December 19, 2022
Summary
The recorded minutes of the December 19, 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 December 19, 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 January 23, 2023 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 December 19, 2022
Meeting Jan 23, 2023 - 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 Dec 19, 2022 - Board of Directors Regular Meeting
1/19/23, 3:40 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#12/57
minutes_2022_12_19_rm.pdf (235 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.
1/19/23, 3:40 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#13/57
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: January 23, 2023
Subject: Approve Payroll Transparency Disclosure for December 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 January 23, 2023 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 4. Approve Payroll Transparency Disclosure for December 2022
Meeting Jan 23, 2023 - 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.
1/19/23, 3:40 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#14/57
Payroll Transparency Disclosure December 2022.pdf (184 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.
1/19/23, 3:40 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#15/57
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, CMC, District Clerk/PIO
Date: January 23, 2023
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 January 23, 2023 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_final.pdf (1,860 KB)
Subject 5. Approve the Directors' Compensation and Reimbursement of Expenses
Meeting Jan 23, 2023 - 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.
1/19/23, 3:40 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#16/57
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.
1/19/23, 3:40 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#17/57
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: January 23, 2023
Subject: Adopt Warrant Resolution No. CMSD 2023-07 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 January 23, 2023 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 6. Adopt Warrant Resolution No. CMSD 2023-07 Approving District Warrant
Registers
Meeting Jan 23, 2023 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Budgeted Yes
Recommended Action That the Board of Directors adopt Warrant Resolution No. CMSD 2023-07 approving District
warrants for the month of December in the amount of $1,471,216.38
1/19/23, 3:40 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#18/57
File Attachments
WARRANT RESO 2023-07.pdf (660 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.
1/19/23, 3:40 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#19/57
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: January 23, 2023
Subject: Approve the Investment Report for the Month of December 2022
Summary
Attached is the Investment Report for the month of December 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 December 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 December 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 December 31, 2022, was 1.507%.
The yield to maturity of the portfolio was 1.508%. The District’s weighted average interest rate was 67 basis points (0.665%) below the
LAIF average monthly rate for November of 2.172%. The weighted average number of days to maturity for the District’s total portfolio was
703 days (1.93 years). The duration of the underlying securities in LAIF as of December 31, 2022 was 287 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 December 31, 2022 was 40.71%. 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 7. Approve the Investment Report for the Month of December 2022
Meeting Jan 23, 2023 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Budget Source That the Board of Directors approve the Investment Report for the month of December 2022.
Goals 8.0 Finance
1/19/23, 3:40 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#20/57
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 December 31, 2022, the
portfolio has earned a weighted average interest rate of 1.180%.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the January 23, 2023 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 - December 2022.pdf (716 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.
1/19/23, 3:40 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#21/57
C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
Subject 8. Accept the occupancy count as presented as 23,091 and direct staff to prepare a
warrant to CR&R Environmental Services for $246,004.59 for December 2022
collection
Meeting Jan 23, 2023 - 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 December 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 January 2023 warrant list.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Nabila Guzman, Management Analyst I
Date: January 23, 2023
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 December 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 December 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 January 2023 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 December 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 January 2023 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 December 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 December 2022:
23,091 x $10.6537 =$246,004.59
Please note that CR&R experienced a problem this month and was unable to provide invoices and weight tickets for the month of
December in time for this meeting. The CR Transfer, Organics Tonnage and Solid Waste Diversion Report for the month of December will
be presented at the February Board Meeting for review and approval.
Legal Review
1/19/23, 3:40 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#22/57
File Attachments
2022-12-G CMSD Occupancy Report.pdf (63 KB)
Not Applicable
Environmental Review
Consideration of the Occupancy Report is an administrative matter and not a disturbance of the environment similar to grading or
construction and not a project under CEQA or the District’s CEQA Guidelines.
Financial Review
Sufficient funds are available in the adopted budget to pay for the services provided.
Public Notice Process
Copies of this Staff Board report are on file and will be included with the entire agenda packet for January 23, 2023, 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.
1/19/23, 3:40 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#23/57
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 December 2022 Contracts Signed by the General Manager
Meeting Jan 23, 2023 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
To: Board of Directors
From: Scott Carroll, General Manager
Date: January 23, 2023
Subject: Receive and File December 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. A report on the contracts he signed in the months of December 2022 could not be created due staffing
shortage in the Finance Department.
Recommendation
That the Board of Directors receive and file this report.
Analysis
December 2022 contracts signed by the general manager will be available on the February Board agenda along with the
contracts he signed in January 2023.
Legal Review
Not applicable
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
Not applicable
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the January 23, 2023 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.
1/19/23, 3:40 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#24/57
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.
RESOLUTION NO. 2023-978
Subject 10. Adopt Resolution No. 2023-978 Ordering that Publication of Ordinance No. 135
has Occurred
Meeting Jan 23, 2023 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Recommended Action That the Board of Directors adopt Resolution No. 2023-978 ordering that the publication of
Ordinance No. 135 has occurred.
1/19/23, 3:40 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#25/57
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT ORDERING THAT PUBLICATION OF
ORDINANCE NO. 135 AMENDING THE OPERATIONS CODE PERTAINING TO TERM LIMITATIONS FOR TRASH AND RECYCLING
CONTRACTS HAS OCCURRED
WHEREAS, the Board of Directors on December 19, 2022 adopted Ordinance No. 135 amending the Operations Code
pertaining to term limitations for trash and recycling contracts; and
WHEREAS, that Ordinance was published in the Newport Beach/Costa Mesa Daily Pilot on January 14, 2023; and
WHEREAS, Health and Safety Code Section 6490 provides that an order of the Board that publication has occurred is
conclusive evidence that publication has properly been made;
NOW, THEREFORE, the Board of Directors does hereby resolve:
That it is hereby ordered and decreed that publication of Ordinance No. 135 amending the Operations Code pertaining to term
limitations for trash and recycling contracts has occurred.
PASSED and ADOPTED on this day of 2023.
_______________________________ _______________________________
Secretary, Costa Mesa Sanitary District President, Costa Mesa Sanitary District
Board of Directors Board of Directors
1/19/23, 3:40 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#26/57
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, Noelani Middenway, District Clerk/Public Information Officer of the Costa Mesa Sanitary District, hereby certify that the above and
foregoing Resolution No. 2023-978 was duly and regularly passed and adopted by said Board of Directors at a regular meeting thereof,
held on the day of January 2023 by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Costa Mesa Sanitary District, this ____ day of
___________________ 2023.
_________________________________
Noelani Middenway, CMC
District Clerk/Public Information Officer
Costa Mesa Sanitary District
File Attachments
RESOLUTION NO. 2023-978 ORDERING THAT PUBLICATION OF ORDINANCE NO. 132 HAS OCCURED.doc (29 KB)
Proof 7907591 Costa Mesa Sanitary Ord Summary.pdf (75 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.
1/19/23, 3:40 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#27/57
E. GENERAL MANAGER'S REPORTS
To: Board of Directors
From: Scott Carroll, General Manager
Date: January 23, 2023
Subject: 2022 Self-Audit of CMSD's Sewer System Management Plan performed by EEC Environmental
Summary
On May 2, 2006, the State Water Regional Control Board (SWRCB) adopted Order No. 2006-0003 (Order), Statewide General Waste
Discharge Requirements (WDR) for Sanitary Sewer Systems. This Order requires that owners of wastewater collection systems with
more than a mile of pipeline have in place a Sewer System Management Program (SSMP) to comply with the terms of this Order, which
is to reduce the number and severity of Sanitary Sewer Overflows (SSOs), to audit the program every two years, and revise the SSMP
every five years.
On December 6, 2022, the State Water Resources Control Board adopted a statewide Sanitary Sewer Systems General Order
reissuance. The reissued General Order becomes effective on June 5, 2023. The reissuance order now requires audits to be performed
every three years and SSMP updates every six years.
Recommendation
That the Board of Directors receive and file the 2022 SSMP audit findings and direct staff to report back with an implementation schedule.
Analysis
Per the Statewide General Waste Discharge Requirements (GWDR) for Sanitary Sewer Systems (State Water Resources Control Board
No. 2006-003-DWQ), the District developed and implemented a comprehensive Sewer System Management Plan (SSMP), with the
primary objective of reducing and preventing Sanitary Sewer Overflows (SSO’s). A key requirement of the SSMP is that every two years
routine internal audits be performed to evaluate the effectiveness of the SSMP as well as the District’s compliance with the SSMP
elements. The last SSMP audit and update was performed in 2020.
In the fall of 2022, CMSD solicited proposals to perform to a self-audit of the District's SSMP. Two proposals were received from qualified
firms. They were:
1. EEC Environmental - $14,500
2. Water Systems Consulting - $48,080
CMSD entered into an agreement with EEC Environmental to perform the 2022 self-audit of the District's SSMP and work commenced on
October 31, 2022. Attached are the audit findings. EEC Environmental identified only one minor nonconformance issues, which is
described below:
1. Update the SSO Emergency Response Plan to reflect current on-call responsibilities for after-hours SSP response
Staff will address the minor nonconformance issues to ensure full compliance. The next SSMP self-audit will be performed in 2025 and
the next update will be completed in 2026.
On January 11, 2023, the Citizens Advisory Committee received the 2022 SSMP audit findings and recommended the Board of Directors
accept the 2022 Self-Audit of CMSD's Sewer System Management Plan performed by EEC Environmental
Legal Review
Subject 1. 2022 Self-Audit of CMSD's Sewer System Management Plan performed by EEC
Environmental
Meeting Jan 23, 2023 - Board of Directors Regular Meeting
Access Public
Type Action
Recommended Action That the Board of Directors receive and file the 2022 SSMP audit findings and direct staff to
report back with an implementation schedule.
Goals 1.0 Sewer Infrastructure
1.1 Sewer Infrastructure - Prevent Sanitary Sewer Overflows (SSOs)
1/19/23, 3:40 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#28/57
Not Applicable.
Environmental Review
Preparation of a self-audit of the District’s Sewer System Management Plan (SSMP) is an administrative matter, and administrative
matters are exempt under CEQA and the District’s CEQA Guidelines. The SSMP assists the District in providing comprehensive sewer
system management, including protection of the environment by eliminating sanitary sewer overflows.
Financial Review
The cost to perform the SSMP self-audit by EEC Environmental was $14,500. CMSD budgeted $20,000 in the FY 2022-23 budget for the
SSMP self-audit.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the January 23, 2023 regular Board of
Directors meeting at District Headquarters and posted on the District’s website at www.cmsdca.gov.
Alternative Actions
Refer item back to staff with further instructions.
File Attachments
CMSD SSMP Audit Report - 2022 1 4.pdf (2,323 KB)
SSMP Presentation 2022.pdf (632 KB)
1/19/23, 3:40 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#29/57
E. GENERAL MANAGER'S REPORTS
To: Board of Directors
Via: Scott Carroll, General Manager
From: Nabila Guzman, Management Analyst I
Date: January 23, 2023
Subject: Consider Approving the First Amendment to the 2018 Agreement 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, November 28, November 13, December 13, 2022
and January 10, 2023, the Board reviewed and discussed the draft amendment. Staff believes this project is categorically exempt under
CEQA.
Recommendation
That the Board of Directors:
1. Make the determination that the first amendment to the Agreement with CR&R Incorporated is categorically exempt from environmental
review under the California Environmental Quality Act (CEQA), as described in the Environmental Review section of this report; and
2. Approve the first amendment to the 2018 Agreement with CR&R Incorporated.
Analysis
Over the last three months, District staff has presented to the Board of Directors the draft first amendment to the CR&R Agreement and
made edits as requested. The proposed Amendment includes program efficiency, which will reduce impacts on residents. Further, the first
amendment will provide a three-cart system as required by SB 1383. Key features of the proposed amendment are as follows:
CR&R will deliver a blue-lid 90-gallon cart to every CMSD trash customer by October 1, 2024. This container will accept mixed
recycling. All residents will receive extensive outreach information prior to receiving the recycling cart
CR&R will deliver an Organics Recycling Cart to all previously organics-exempt homes. This container will accept green waste
and food waste, per State requirements. Residents receiving a new Organics Recycling Cart will receive additional outreach
information.
The new service will include a mandatory three-cart system, the carts will be available in 35, 65, and 90 gallons, and residents
can select the size that fits their needs.
The average age of CMSD’s vehicle fleet will not exceed seven years at any time during the term of the agreement. All vehicles
will have a GPS system installed and CMSD staff will have access to the system in an effort to reduce the number of missed
collections.
Annual fee adjustments will be limited to annual CPI inflation, capped at a 5% maximum each year.
Existing Large Item and Household Hazardous Waste collection programs will continue. An addition of a free community
shredding event for residents has been added.
CR&R will provide extensive auditing, monitoring, and reporting of contamination as required by SB 1383.
Subject 2. Consider Approving the First Amendment to the 2018 Agreement with CR&R
Incorporated
Meeting Jan 23, 2023 - Board of Directors Regular Meeting
Access Public
Type Action
Recommended Action That the Board of Directors:
1. Make the determination that the first amendment to the Agreement with CR&R
Incorporated is categorically exempt from environmental review under the California
Environmental Quality Act (CEQA), as described in the Environmental Review section of this
report; and
2. Approve the first amendment to the 2018 Agreement with CR&R Incorporated.
Goals 2.0 Solid Waste
2.6 Solid Waste - Improve waste stream and recycling reporting
2.8 Solid Waste - Recycle green waste and food scraps
1/19/23, 3:40 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#30/57
Strict compliance language was included in the first amendment to further ensure contracted service levels, state requirements, and
District expectations are met. Liquidated damages (Exhibit A) were added for 36 specific instances of hauler non-performance. The list of
categories for potential liquidated damages includes collection reliability, collection quality, responsiveness to CMSD residents, timeliness
of submissions to CMSD, the accuracy of billing, personnel, vehicles, and equipment, compliance reporting, and public education and
outreach.
To implement the state-mandated SB 1383, District staff has broken down the costs into five categories over a five-year period. Below is
a graph of the estimated costs:
Below is a breakdown of each category:
CR&R Incorporated
Compliance will require a mandatory three-cart collection system for all CMSD trash customers that will be provided through our
agreement with CR&R.
Year 1 – Current fees were used to calculate costs for July to September 2024. Three cart system fee's were used to
calculate costs from October to June 2025.
Year 2 to 5 – Proposed fees with CPI were used to calculate the cost for three different waste streams and occupancy.
Years 1 to 5 – Staff included tonnage increase plus a 5% CPI increase to rates.
Professional Services
SB 1383 also requires monitoring and reporting of contamination and staff is recommending continuing its partnership with
Michael Balliet Consulting to complete waste studies and assist with State reporting.
Years 2 to 5 – 3% CPI increase applied.
Additional funds are needed by staff to mail compliance letters to residents and notify residents who have received multiple
notices of contamination and may be approaching a fine.
Years 2 to 5 – 5% CPI increase applied.
Solid Waste Employees
The day-to-day responsibilities and duties of implementing new SB 1383 services will require the reorganization of the Solid
Waste Department to better serve the community. As presented by the General Manager on November 8, 2022, the
reorganization of the department includes two promotions (Management Analyst I and Code Enforcement Officer) and one new
full-time Office Specialist.
Years 2 to 5 – 5% CPI increase applied.
Education and Outreach
The introduction of a new cart and transition from a two-cart to the standard three-cart system will require extensive education
and outreach. Staff is proposing to continue its partnership with Tripepi Smith to assist with designing and producing outreach
material for residents. The first year will require communicating the logistics of the program as well as preparing residents for the
1/19/23, 3:40 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#31/57
delivery and use of the carts. Year two will include outreach materials that re-enforce proper source separation. Years 3-5 are
maintaining the outreach and education on how to properly use their carts.
Years 3 to 5 – will consist of two mailers and $10,000 for boosting. Added $1,000 every year for possible postage
increase.
Hearing Officer
A Hearing Officer will be needed for residents who receive administrative contamination fines. District staff researched the City of
Costa Mesa Hearing Officer contract and found they currently have an annual budget not to exceed $15,000 a year.
Years 2 to 5 – 5% CPI increase applied.
It is estimated that the three-cart collection system will be implemented by October 1, 2024. Staff recommends completing a solid waste
rate study by March 2024 so the new rates can go into effect on July 1, 2024. The three cart system fees have not been included in this
amendment and will be determined at a later time. Proposed rates from CR&R to provide the service from 2021 will used plus applicable
CPI.
Solid Waste Fund Reserve
The Operating Reserve Policy for the Solid Waste Fund stated, “The District will maintain a minimum designated Reserve for Working
Capital equal to 30% of its operating budget within its Solid Waste Fund (Ord. 108, 2015). The Reserve generates investment income
aiding with rate stabilization and funds to cover expenses during the five month delay in revenue from the County. The reserve balance
runs low by November; however, the District receives revenue from the County by December. As rates increase annually, revenue and
reserves will also increase. The current policy to maintain a minimum designated Reserve for Working Capital equal to 30% of its
operating budget is sufficient. Increasing the District reserve percentage would help generate additional investment income.
Additional Carts number
The Board requested the number of properties that have additional carts. Unfortunately, the data was not available at the time this report
was being prepared. The data will be made available at tonight's meeting.
Diversion Rate
Diversion Data is calculated by taking the total tonnage collected and dividing it by the total tonnage recycled (through MRF and AD
Facility). Last Fiscal year, 2021-2022, a total of 39,992.91 tons of waste was collected through our curbside program and 24,218.93 tons
of waste were recycled. Our diversion rate for the fiscal year was 60.56%. Unfortunately, we do not have December 2022 tonnage data
available yet but for this fiscal year our current diversion rate is 61.30%. CMSD has not included recycling data from the OCC Recycling
Center since February 2020.
Legal Review
District Counsel has reviewed and approved this staff report, along with the amendment attached and the Environmental Review section
below.
Environmental Review
The approval of the Amendment to the CR&R Agreement should be found to be exempt under CEQA under the following exemptions:
1. Categorical exemption- Actions by Regulatory Agencies to Protect the Environment (Guidelines 15308). Under this exemption,
actions by the District to protect the environment can be found to be exempt. In adopting the contract and related procedures,
the District is complying with the new Organics Processing law and regulations (SB 1383). Even though additional refuse trucks
will be added to the route for implementing a source separation program, the additional trucks will not impact the environment
because they will be fueled by Renewable Natural Gas that is produced from green waste and food scraps collected from district
households. Furthermore, the use of additional vehicles is almost compelled by the aggressive legislative goal of organics
processing, requiring source-separated materials and the transport of those materials to locations to treat the organics. The
reduction of solid waste materials to the landfill will reduce methane gas emissions, which is a contributing factor to greenhouse
gases and global warming and the conversion of organics to other products obviously helps the environment and has been
California’s showcase environmental law.
2. Categorical exemption- regulatory enforcement by Government Agencies (Guidelines 15321). To the extent this contract
amendment causes the district or its hauler to take enforcement action against those not in compliance with SB 1383, this
activity is regulatory enforcement of those laws, including enforcement of the prohibitions of what can be placed in each of the
specified containers, and enforcement action to be taken for repeat offenses.
3. The activity should also be exempt as falling within the “common sense” exemption. (Guidelines 15061(h)(3)) Here there is no
possibility that the activity in question may have a significant effect on the environment.
Financial Review
District expenditures could possibly increase to $9.5 million by FY 2027-28 as result of implementing SB 1383, which is an increase of
44% from current budget. Expenditures will exceed revenues, which means solid waste rates will have to be adjusted by July 1, 2024.
How much the rates will need to be adjusted is unknown at this time. Staff will perform a solid waste rate study in November/December
2023 and will present findings and recommendations to the Board in January 2024.
Public Notice Process
1/19/23, 3:40 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#32/57
Copies of this report are on file and will be included with the complete agenda packet for the January 23, 2023, 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
SB 1383 Costs.png (42 KB)
FINAL Amendment to Agreement.docx (85 KB)
1/19/23, 3:40 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#33/57
E. GENERAL MANAGER'S REPORTS
To: Board of Directors
Via: Scott Carroll, General Manager
From: Kaitlin Tran, Finance Manager
Date: January 23, 2023
Subject: Discuss Preliminary Budget Calendar for the 2023-2025 Biennial Budget.
Summary
The schedule below represents the outline for creating and adopting the District’s Fiscal Year 2023-24 and 2024-25 budgets. Staff will be
working on different aspects of the budget from now until the May Study Session and will update the Board as necessary.
Recommendation
That the Board of Directors discuss the proposed target dates for adopting the Fiscal Year 2023-24 and 2024-25 Budgets.
Analysis
Staff recommends the following target dates:
Action Item Target Date
Departments meeting 02/01/23 Week of
Department Budgets due from Staff 02/24/23 Friday
General Manager 1st review with departments 02/28/23 Week of
General Manager 2 review with departments 03/21/23 Week of
February 2023-24 Consumer Price Index released 04/03/23 Week of
Study Session meeting 1 review preliminary budget 04/11/23 Tuesday
Study Session meeting 2 review preliminary budget 05/09/23 Tuesday
Citizen Advisory Committee to review preliminary budget 05/10/23 Wednesday
Study Session meeting (if necessary) to finalize budget 06/13/23 Tuesday
Notice of public hearing (postcard mail out)06/06/23 Tuesday
Budget adoption at regular Board meeting 06/26/23 Monday
Public hearing to adopt sewer and trash charges 07/24/23 Monday
Transmit assessments to OC Treasurer-Tax Collector 08/10/23 Thursday
Legal Review
None Required.
Environmental Review
Subject 3. Discuss Preliminary Budget Calendar for the 2023-2025 Biennial Budget
Meeting Jan 23, 2023 - Board of Directors Regular Meeting
Access Public
Type Action
Fiscal Impact No
Recommended Action That the Board of Directors discuss the proposed target dates for adopting the Fiscal Year
2023-24 and 2024-25 Budgets.
Goals 8.2 Finance - Adopt a balanced budget
8.0 Finance
nd
st
nd
1/19/23, 3:40 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#34/57
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
None Required.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the January 23, 2023 Board of Directors regular
meeting at District Headquarters and on District website at www.cmsdca.gov
Alternative Actions
1. Refer the matter back to staff for additional information
File Attachments
Preliminary Budget Calendar 2023-25.pdf (131 KB)
1/19/23, 3:40 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#35/57
E. GENERAL MANAGER'S REPORTS
To: Board of Directors
Via: Scott Carroll, General Manager
From: Kaitlin Tran, Finance Manager
Date: January 23, 2023
Subject: Receive and File the Popular Annual Financial Report (PAFR) for the Year Ended June 30, 2022.
Summary
Government Finance Officers Association (GFOA) established the Popular Annual Financial Reporting Program (PAFR) to encourage
governments to take information from their Annual Comprehensive Financial Report (ACFR) and condense it into a smaller easily
understandable document that the general public can read without a background in finance. The GFOA then recognizes governments for
their achievement. The District has won this prestigious award for the last seven years. The PAFR for the year ending June 30, 2022 has
been completed and submitted to the GFOA. It is attached for your review.
Recommendation
That the Board of Directors receive and file the Popular Annual Financial Report (PAFR) for the Year Ended June 30, 2022.
Analysis
According to GFOA's website, the GFOA established the Popular Annual Financial Reporting Awards Program (PAFR Program) in 1991
to encourage and assist state and local governments to extract information from their annual comprehensive financial report to produce
high quality popular annual financial reports specifically designed to be readily accessible and easily understandable to the general public
and other interested parties without a background in public finance and then to recognize individual governments that are successful in
achieving that goal. The PAFR is another tool to demonstrate an agency's transparency efforts because it takes a large comprehensive
finance report, the ACFR, and condenses it to several pages using graphs and charts so that the public can easily understand the
spending trend of their local government.
Surprisingly, not many public agencies in California received the PAFR award from GFOA. In 2021, only two municipalities in Orange
County received the PAFR award (County of Orange and Yorba Linda Water District). Special recognition goes to CMSD's Finance
Department (Kaitlin Tran, Lieu Tran and Autumn Alvarez) for completing the audit and creating another outstanding PAFR!
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.”
Financial Review
The only financial impact is the application cost of $250, which was included in the District’s budget.
Subject 4. Receive and File the Popular Annual Financial Report (PAFR) for the Year Ended
June 30, 2022.
Meeting Jan 23, 2023 - Board of Directors Regular Meeting
Access Public
Type Action, Receive and File
Recommended Action That the Board of Directors receive and file the Popular Annual Financial Report for the year
ended June 30, 2022.
Goals 8.1 Finance - Achieve financial excellence awards
8.0 Finance
1/19/23, 3:40 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#36/57
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the January 23, 2023 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.
File Attachments
PAFR FY2021-22 FINAL.pdf (6,540 KB)
1/19/23, 3:40 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#37/57
E. GENERAL MANAGER'S REPORTS
To: Board of Directors
Via: Scott Carroll, General Manager
From: Gina Terraneo, Management Analyst II
Date: January 23, 2023
Subject: Consider Contribution Program Application for Estancia High School Baseball Boosters
Summary
CMSD received a Contribution Program Application from the Estancia High School Baseball Boosters requesting a contribution of $400
for a 7'x12' outfield fence banner, social media advertising, and website advertising.
Recommendation
That the Board of Directors:
1. Establish the purpose CMSD is trying to serve as a contributor to the Estancia High School Baseball Boosters; and
2. Describe how the expenditure will advance CMSD’s purpose; and
3. Consider contributing $400 for a 7'x12' outfield fence banner, social media and website advertisements.
Analysis
Contribution Application Procedures: According to the procedures implemented on July 31, 2013, the Board of Directors must do the
following in order to determine if a contribution should be made:
Establish the purpose CMSD is trying to serve by contributing. This purpose must be established as one of CMSD’s statutory
powers or a power that would be incidental to those purposes. For example, purposes include properly treating sewage,
preventing SSOs, and recycling.
Describe how the contribution will advance CMSD's purpose.
Subject 5. Consider Contribution Program Application for Estancia High School Baseball
Boosters
Meeting Jan 23, 2023 - Board of Directors Regular Meeting
Access Public
Type Action
Fiscal Impact Yes
Dollar Amount $400.00
Budgeted Yes
Budget Source Solid Waste Public Info/Ed/Promo (10-100100-4420)
Recommended Action That the Board of Directors:
1. Establish the purpose CMSD is trying to serve as a contributor to the Estancia High School
Baseball Boosters; and
2. Describe how the expenditure will advance CMSD’s purpose; and
3. Consider contributing $400 for a 7'x12' outfield fence banner, social media and website
advertisements.
Goals 5.5 Community Outreach & Communications - Use clear messaging and education to
engage the community in District programs and activities
5.0 Community Outreach & Communications
4.7 Partnerships - Participate in community events to increase visibility
4.6 Partnerships - Educate students enrolled in learning institutions
4.0 Partnerships
2.8 Solid Waste - Recycle green waste and food scraps
1/19/23, 3:40 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#38/57
Sponsorship Options: As stated on the Contribution Application, the Estancia Baseball Boosters are requesting $400 for a 7'x12'
outfield fence banner for their 2023 baseball season. Below are the sponsorship options:
Gold Sponsorship - 7'x12' outfield banner, social media advertising, & website advertising (recommended)
$550 (new sponsors)
$400 (returning 21/22 sponsors)
Cardinal Sponsorship - 4'x6' batting cage/outer fence banner, social media advertising, & website advertising
$400 (new sponsors)
$250 (returning 21/22 sponsors)
Eagle Sponsorship - social media & website advertising
$225 (new sponsors)
$150 (returning 21/22 sponsors)
Event Sponsorship
sponsor a hit-a-thon, team dinner, or other event (contact Boosters to customize)
Proposed Banner Design: Attached is a proposed banner design that focuses on the Organics Recycling Program by encouraging
residents to "recycle food waste at home." CMSD staff are proposing this design in light of SB 1383 and the intended focus on increasing
diversion of organic waste from landfills.
Justification: If the Board of Directors wish to sponsor a banner, a finding can be made that the banner meets CMSD's statutory purpose
of recycling through the promotion of the Organics Recycling Program. The language on the proposed banner encourages residents to
"recycle food waste at home" using the Organics Cart and to visit CMSD's website for more information about the Organics Recycling
Program. The banner will be visible to Estancia Eagles baseball game attendees throughout their season, which may attract more
attendees this year since the team were 2022 SoCal State Champions.
Sponsorship History: CMSD has sponsored Estancia High School Baseball banners at the Gold level since 2020. In 2020, the
sponsorship amount was $525. Due to the COVID-19 pandemic, the banner remained up at no cost in 2021. In 2022, CMSD's
sponsorship was $400. Prior to that, CMSD sponsored banners in Jim Scott Football Stadium between 2009-2019. These previous
sponsorships were typically $500-$525.
Legal Review
District Counsel has reviewed the criteria and the law. The determination of whether the expenditure advances a District purpose (and is
not a gift of public funds) is a matter within the Board’s discretion as long as it is based on substantial evidence.
Environmental Review
The consideration of a monetary contribution to a non-profit organization to be used as a vehicle for promoting the District is an
administrative matter and is not a disturbance of the environment, similar to grading or construction, and is not a project under CEQA or
the District’s CEQA Guidelines.
Financial Review
There are sufficient funds in the FY 22-23 Solid Waste Public Info/Education/Community Promotions accounts for this sponsorship. A total
of $4,000 is budgeted for sponsorships during FY 22-23 and there is currently $2,125.00 available for the remainder of FY 22-23.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the January 23, 2023 Board of Directors
regular meeting at District Headquarters and posted on the District’s website.
Alternative Actions
1. Do not approve the contribution of $400.
2. Approve an alternative contribution amount.
3. Refer the matter back to staff.
File Attachments
Contribution App - 2022-2023 Estancia Baseball Banner.pdf (1,371 KB)
2022-2023 Banner Sponsor Form.pdf (521 KB)
Proposed Banner Artwork.pdf (79,365 KB)
1/19/23, 3:40 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#39/57
E. GENERAL MANAGER'S REPORTS
To: Board of Directors
Via: Scott Carroll, General Manager
From: Angela Colunga, Administrative Assistant
Date: January 23, 2023
Subject: 2022 Year in Review
Summary
Every year, staff creates an year-end report to showcase to the Board and the public the significant accomplishments that were achieved
during the past year. Staff is pleased to present the District's highlights and accomplishments for 2022.
2022 Year in Review
Recommendation
That the Board of Directors receives and files this report.
Analysis
Some of the accomplishments found in the document include:
Planning and coordinating two new events: Shredding & Compost Giveaway and Eco Expo
Recycled and diverted 13,500 tons of solid waste materials.
Completed several capital improvement projects worth more than $3.8 million.
Only 1 Sanitary Sewer Overflow.
Responded to public records request with documents within 4 days (California law gives agencies 10 days to respond without
documents)
Developed and implemented an Employee Wellness Program
Triple Crown Winner for financial excellence in budgeting and financial reporting.
Issued 280 sewer permits
Legal Review
Not applicable.
Environmental Review
The 2022 Year in Review report 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
The 2022 Year in Review was prepared internally by staff, so there are not financial impacts to the District for preparing the report.
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the January 23, 2023 Board of Directors study
session meeting at District Headquarters and posted on the District’s website.
Alternative Actions
Subject 6. Receive and File the Costa Mesa Sanitary District 2022 Year in Review - Oral
Report
Meeting Jan 23, 2023 - Board of Directors Regular Meeting
Access Public
Type Receive and File
Goals 5.0 Community Outreach & Communications
1/19/23, 3:40 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#40/57
1. Direct staff to report back with more information.
File Attachments
2022 Year in Review.pdf (24,231 KB)
1/19/23, 3:40 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#41/57
E. GENERAL MANAGER'S REPORTS
To: Board of Directors
From: Scott Carroll, General Manager
Date: January 23, 2023
Subject: Receive and File 2022 Annual Performance Measurement Report
Summary
On November 29, 2018, the Board of Directors adopted Administrative Regulations No. 70.00, Performance Measurement Program,
which established methods and procedures for gathering and analyzing organizational performance while at the same time collaborating
towards continuous improvement of performance in an open and transparent manner.
Recommendation
That the Board of Directors receive and file this report.
Analysis
A Performance Measurement Program has been developed to determine how well the District is performing in areas of efficiency,
effective workforce, customer satisfaction, cost effectiveness, citizen engagement and transparency. The purpose of the program is to
continually look at ways to improve and/or enhance the level of service that is being provided internally to staff and externally to the
public. Significant achievements were made in 2022, which are described in more details below.
1. The number of Sanitary Sewer Overflows (SSOs) per 100 miles of sewer is less than the average SSOs per 100 miles of Sewer in
California Resource Water Quality Control Board Region 8. Region 8 consist of agencies located in Orange, Riverside and San
Bernardino Counties. CMSD had 0.45 SSOs per 100 miles compared to 0.67 in Region 8.
2. The one storm event in 2022 resulted in a rain ingress of less than 2%
3. The average number of business days it took to respond to Public Records Request with requested documents is 4 days
4. 79% of the entire wastewater collection system was cleaned.
5. All twenty wastewater pump stations had their annual preventive maintenance performed
6. 83.3% of employees indicated the District is a better organization than it was compared to one year ago
Areas that staff will be focusing improving in 2023 include, but not limited to the following:
1. Experience Modification (EMOD).
2. Percent of SSOs reaching surface water is less than the spills reaching surface water in Region 8.
3. Trash carts being replaced within 7 business days.
4. Residents corresponding in GoCMSD regarding CMSD's customer service.
Legal Review
Not applicable
Environmental Review
A Performance Measurement Program is an administrative matter that will not result in direct or indirect physical changes in the
environment and is not considered a "project".
Subject 7. Receive and File 2022 Annual Performance Measurement Report
Meeting Jan 23, 2023 - Board of Directors Regular Meeting
Access Public
Type Action
Goals 6.0 Administrative Management
1/19/23, 3:40 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#42/57
Financial Review
There are no financial impacts to the District for implementing a Performance Measurement Program
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the January 23, 2023 regular Board of Directors
meeting at District Headquarters and on District website at www.cmsdca.gov
Alternative Actions
1. Direct staff to report back with more information.
File Attachments
2022 Year End Report.pdf (787 KB)
1/19/23, 3:40 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#43/57
E. GENERAL MANAGER'S REPORTS
To: Board of Directors
From: Scott Carroll, General Manager
Date: January 23, 2023
Subject: Receive and File 2020-25 Strategic Plan Progress Report - FY 2022-23 Second Quarter
Summary
On June 22, 2020, the Board of Directors adopted the 2020-2025 Strategic Plan, which is a plan that establishes goals, objectives,
strategies and work plans for the next five years and will help move the organization in a direction toward achieving its mission and vision.
Attached is the quarterly update of the Plan that demonstrates the progress staff is making toward achieving the strategic goals. The
next quarterly report from this Plan will be presented to the Board on April 24, 2023.
Recommendation
That the Board of Directors receive and file this report.
Analysis
The 2020-25 Strategic Plan is the most ambitious Plan in the history of the District. The Plan has 104 Strategic Goals to achieve and/or
implement in the next five years compared to 48 strategic goals in the FY 2015-20 Strategic Plan.
The Board directed staff to review the Plan and consider combining duplicated tasks/goals. In the attached document you will find certain
tasks and objectives were combined and/or removed in its entirely. For instance, Task 2.4.1, Biomass conversion of solid waste material,
is being removed from the Plan because CalRecycle does not entirely support this technology for reducing the waste stream. CalRecycle
would consider approving a maximum diversion of ten-percent from the use of biomass conversion. The high cost of biomass
conversion, which is comparable to anaerobic digestion technology costs, outweighs the benefits of achieving ten percent diversion.
Legal Review
Not applicable
Environmental Review
The District’s Strategic Plan is a planning document and preparation and adoption of the plan 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 environmental review of each of the efforts or projects outlined in the Strategic Plan will occur when the Board of Directors
specifically considers each of the items since that is when the full scope of work of each effort or project will be described
Financial Review
Activities described in the strategic goals are funded in the budget.
Public Notice Process
Subject 8. Receive and File 2020-25 Strategic Plan Progress Report - FY 2022-23 Second
Quarter
Meeting Jan 23, 2023 - Board of Directors Regular Meeting
Access Public
Type Action
Budget Source That the Board of Directors receive and file this report.
Goals 1.0 Sewer Infrastructure
2.0 Solid Waste
3.0 Emergency Preparedness
4.0 Partnerships
5.0 Community Outreach & Communications
6.0 Administrative Management
7.0 Human Resources Management
8.0 Finance
1/19/23, 3:40 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#44/57
Copies of this report are on file and will be included with the entire agenda packet for the January 23, 2023 Board of Directors regular
meeting at CMSD headquarters and on CMSD's website at www.cmsdca.gov.
Alternative Actions
1. Direct staff to report back with more information.
File Attachments
Strategic Plan Qtly Update 2022-23 2nd Qtr Revisions.xlsx (93 KB)
1/19/23, 3:40 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#45/57
E. GENERAL MANAGER'S REPORTS
To: Board of Directors
From: Scott Carroll, General Manager
Date: January 23, 2023
Subject: Receive and File General Manager's 2022 Performance Goals and Consider Approving his 2023 Performance Goals
Summary
Annually, the Board reviews the General Manager’s performance goals for the past year and then establishes new goals for the upcoming
year.
Recommendation
That the Board of Directors:
1. Receive and file the General Manager's 2022 Performance Goals; and
2. Approve the General Manager's 2023 Performance Goals; and
3. Authorize the President to negotiate a compensation adjustment to the General Manager; and
4. Report back on the tentatively agreed upon adjustment for Board approval consideration.
Analysis
In 2022, the Board of Directors assigned the General Manager ten goals to achieve. All ten goals have been successfully completed.
Attached is a list of the General Manager’s goals along with a brief description of each completed goal.
Also attached are the proposed 2023 Performance Goals for discussion tonight and approval consideration.
Legal Review
Not applicable
Environmental Review
Consideration by the Board of Directors of the compensation paid to the District’s General Manager 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
The financial impacts are unknown. Goals that have a financial impact to the District will be brought back to the Board for review and if
need be, consideration for budget appropriations.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the January 23, 2023 Board of Directors regular
meeting at District headquarters and on District’s website at www.cmsdca.gov.
Alternative Actions
1. Direct staff to report back with more information.
File Attachments
2022 Goals.docx (20 KB)
Subject 9. Receive and File General Manager's 2022 Performance Goals and Consider
Approving his 2023 Performance Goals
Meeting Jan 23, 2023 - Board of Directors Regular Meeting
Access Public
Type Action
Recommended Action That the Board of Directors:
1. Receive and file the General Manager's 2022 Performance Goals; and
2. Approve the General Manager's 2023 Performance Goals; and
3. Authorize the President to negotiate a compensation adjustment to the General Manager;
and
4. Report back on the tentatively agreed upon adjustment for Board approval consideration.
Goals 7.0 Human Resources Management
1/19/23, 3:40 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#46/57
2023 Goals.docx (15 KB)
1/19/23, 3:40 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#47/57
F. ENGINEER'S REPORTS
To: Board of Directors
From: Mark Esquer, District Engineer
Date: January 23, 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-December to mid-January. 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 January 23, 2023, 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
2023 01 Monthly Engineers Report CMSD Memorandum.pdf (202 KB)
CIP Updates as of December 31 2022.pdf (1,278 KB)
Subject 1. Receive and File the District Engineer's Report and Capital Improvement Projects
Status
Meeting Jan 23, 2023 - Board of Directors Regular Meeting
Access Public
Type Action, Discussion
Preferred Date Jan 23, 2023
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
1/19/23, 3:40 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#48/57
H. ATTORNEY'S REPORTS
To: Board of Directors
From: Alan Burns, District Counsel
Date: January 23, 2023
Subject: Consider Adopting Resolution No. 2022-979 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. 2022-979 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. 2022-979.
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. 2023-979 Authorizing Remote Meetings
Meeting Jan 23, 2023 - 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
1/19/23, 3:40 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#49/57
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. 2022-979
.
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. 2022-979 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. 2022-979 and direct staff to report back with more information.
File Attachments
reso_2023-979_remote_meetings.docx (21 KB)
1/19/23, 3:40 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#50/57
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) - (Vice Secretary Ooten)
Meeting Jan 23, 2023 - Board of Directors Regular Meeting
Access Public
Type
1/19/23, 3:40 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#51/57
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) - (Secretary Perry)
Meeting Jan 23, 2023 - Board of Directors Regular Meeting
Access Public
Type
1/19/23, 3:40 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#52/57
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) - (Vice President
Schafer)
Meeting Jan 23, 2023 - Board of Directors Regular Meeting
Access Public
Type
1/19/23, 3:40 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#53/57
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) - (Vice President Schafer)
Meeting Jan 23, 2023 - Board of Directors Regular Meeting
Access Public
Type
1/19/23, 3:40 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#54/57
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) - (President Scheafer)
Meeting Jan 23, 2023 - Board of Directors Regular Meeting
Access Public
Type
1/19/23, 3:40 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#55/57
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. Copy of Other Meetings Qualifying for Reimbursement under CMSD Ordinance No.
55, Operations Code Section 3.01.030
Meeting Jan 23, 2023 - Board of Directors Regular Meeting
Access Public
Type
1/19/23, 3:40 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#56/57
L. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS
Subject 1. Oral Communications and Director Comments
Meeting Jan 23, 2023 - Board of Directors Regular Meeting
Access Public
Type Discussion
1/19/23, 3:40 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#57/57
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, February 27, 2023
in the District's Boardroom, located at 290 Paularino Avenue, Costa Mesa, CA 92626.
Subject 1. Adjourn
Meeting Jan 23, 2023 - Board of Directors Regular Meeting
Access Public
Type Procedural