2023_03_27_board3/24/23, 11:58 AM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#1/3
Monday, March 27, 2023
Board of Directors Regular Meeting
Time: 4:30 p.m.
Location: Costa Mesa Sanitary District - 290 Paularino Ave., Costa Mesa, CA 92626
***
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.
***
Public Comments: Members of the public can submit written public comments prior to the meeting 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.)
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
3/24/23, 11:58 AM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#2/3
2. Approve the Board of Directors Study Session Minutes of February 14, 2023
3. Approve the Board of Directors Regular Meeting Minutes of February 27, 2023
4. Adopt Warrant Resolution No. CMSD 2023-09 Approving District Warrant Registers
5. Approve the Directors' Compensation and Reimbursement of Expenses
6. Approve the preparation of a warrant to CR Transfer in the amount of $197,290.89 for January 2023 recycling and
disposal services in the March 2023 warrant register
7. Approve the Investment Report for the Month of February 2023
8. Accept the occupancy count as presented as 23,092 and direct staff to prepare a warrant to CR&R Environmental Services
for $246,015.24 for February 2023 collection.
9. Approve Payroll Transparency Disclosure for February 2023
10. Receive and File February 2023 Contracts Signed by the General Manager
D. PUBLIC HEARINGS
E. GENERAL MANAGER'S REPORTS
1. Consider appointing three members to the Citizens Advisory Committee to serve a two-year term ending in March 2025.
2. Consider Amending Administrative Policy No. 60.00 - Citizens Advisory Committee
3. Consider Adopting Resolution No. 2023-981 Opposing Initiative 1935 Further Limiting State and Local Governments'
Ability to Raise Revenues
4. Consider Approving Letter of Support for Assembly Bill 1594 (E. Garcia) Medium and Heavy Duty Zero Emission Vehicles:
Public Agency Utilities
F. ENGINEER'S REPORTS
1. Receive and File the District Engineer's Report and Capital Improvement Projects Status
2. Approve Project No. 341 Elden Force Main Redundancy Design Contract
G. TREASURER'S REPORTS
H. ATTORNEY'S REPORTS
1. Consider Adopting an Ordinance No. 2023-136 - Amending the Operations Code Regarding Disruptive Speakers
2. Receive an Oral Report Regarding General Manager, Scott Carroll's, Employee Agreement
3. Consider Approving General Manager, Scott Carroll's, Employee Agreement Including a 6% Merit Increase after receiving
his performance evaluation
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)
3/24/23, 11:58 AM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#3/3
4. California Special Districts Association (CSDA) - (Vice President Schafer)
5. Special District Risk Management Authority (SDRMA) - (President Scheafer)
6. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55, Operations Code Section 3.01.030
J. OLD BUSINESS
K. NEW BUSINESS
L. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS
1. Oral Communications and Director Comments
M. ADJOURN TO CLOSED SESSION
N. RECONVENE TO OPEN SESSION
O. CLOSING ITEMS
1. Adjourn
3/24/23, 11:58 AM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#1/51
Monday, March 27, 2023
Board of Directors Regular Meeting
Time: 4:30 p.m.
Location: Costa Mesa Sanitary District - 290 Paularino Ave., Costa Mesa, CA 92626
***
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.
***
Public Comments: Members of the public can submit written public comments prior to the meeting 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 Mar 27, 2023 - Board of Directors Regular Meeting
Type Procedural
3/24/23, 11:58 AM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#2/51
A. OPENING ITEMS
Subject 2. Pledge of Allegiance - President Scheafer
Meeting Mar 27, 2023 - Board of Directors Regular Meeting
Type Procedural
3/24/23, 11:58 AM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#3/51
A. OPENING ITEMS
Subject 3. Invocation - Vice President Schafer
Meeting Mar 27, 2023 - Board of Directors Regular Meeting
Type Procedural
3/24/23, 11:58 AM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#4/51
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 Mar 27, 2023 - Board of Directors Regular Meeting
Type Procedural
3/24/23, 11:58 AM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#5/51
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 Mar 27, 2023 - Board of Directors Regular Meeting
Type Procedural
3/24/23, 11:58 AM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#6/51
A. OPENING ITEMS
Subject 6. Ceremonial Matters and Presentations
Meeting Mar 27, 2023 - Board of Directors Regular Meeting
Type Procedural
3/24/23, 11:58 AM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#7/51
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 Mar 27, 2023 - Board of Directors Regular Meeting
Type Procedural
3/24/23, 11:58 AM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#8/51
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 Mar 27, 2023 - Board of Directors Regular Meeting
Type Action (Consent)
Recommended Action That the Board of Directors approve the Consent Calendar as presented.
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and
they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the
consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a
whole.
3/24/23, 11:58 AM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#9/51
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: March 27, 2023
Subject: Approve the Board of Directors Study Session Minutes of February 14, 2023
Summary
The recorded minutes of the February 14, 2023 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 February 14, 2023.
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 March 27, 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
minutes_2023_02_14_ss.pdf (79 KB)
Subject 2. Approve the Board of Directors Study Session Minutes of February 14, 2023
Meeting Mar 27, 2023 - Board of Directors Regular Meeting
Type Action (Consent), Minutes
Recommended Action That the Board of Directors approve the meeting minutes as presented.
3/24/23, 11:58 AM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#10/51
Workflow
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and
they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the
consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a
whole.
Workflow Mar 20, 2023 11:02 AM :: Submitted by Gina Terraneo. Routed to Lucy Jacobo for approval.
Mar 22, 2023 12:19 PM :: Approved by Lucy Jacobo. Routed to Scott Carroll for approval.
Mar 22, 2023 5:37 PM :: Approved by Scott Carroll. Routed to Noelani Middenway for approval.
Mar 23, 2023 4:51 PM :: Final approval by Noelani Middenway
3/24/23, 11:58 AM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#11/51
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: March 27, 2023
Subject: Approve the Board of Directors Regular Meeting Minutes of February 27, 2023
Summary
The recorded minutes of the February 27, 2023 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 February 27, 2023.
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 March 27, 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
minutes_2023_02_27_rm.pdf (92 KB)
Subject 3. Approve the Board of Directors Regular Meeting Minutes of February 27, 2023
Meeting Mar 27, 2023 - Board of Directors Regular Meeting
Type Action (Consent), Minutes
Recommended Action That the Board of Directors approve the meeting minutes as presented.
3/24/23, 11:58 AM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#12/51
Workflow
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and
they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the
consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a
whole.
Workflow Mar 20, 2023 11:15 AM :: Submitted by Gina Terraneo. Routed to Lucy Jacobo for approval.
Mar 22, 2023 2:49 PM :: Approved by Lucy Jacobo. Routed to Scott Carroll for approval.
Mar 22, 2023 5:37 PM :: Approved by Scott Carroll. Routed to Noelani Middenway for approval.
Mar 23, 2023 4:51 PM :: Final approval by Noelani Middenway
3/24/23, 11:58 AM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#13/51
C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to
be routine and may be acted upon by one motion after public comment has been
received. Only Board of Directors may pull an item for discussion. Reading of
resolutions is waived and they will be adopted and numbered. Now is the time for
those in the audience who wish to speak to items listed on the consent calendar.
Each speaker will be limited to four (4) continuous minutes of comment on the
consent calendar as a whole.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Lieu Tran, Accountant
Date: March 27, 2023
Subject: Adopt Warrant Resolution No. CMSD 2023-09 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 March 27, 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. Adopt Warrant Resolution No. CMSD 2023-09 Approving District Warrant Registers
Meeting Mar 27, 2023 - Board of Directors Regular Meeting
Type Action (Consent)
Budgeted Yes
Recommended Action That the Board of Directors adopt Warrant Resolution No. CMSD 2023-09 approving District
warrants for the month of February in the amount of $680,945.34.
3/24/23, 11:58 AM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#14/51
WARRANT RESO 2023-09.pdf (178 KB)
Workflow
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and
they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the
consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a
whole.
Workflow Mar 15, 2023 4:54 PM :: Submitted by Lieu Tran. Routed to Kaitlin Tran for approval.
Mar 15, 2023 4:57 PM :: Approved by Kaitlin Tran. Routed to Scott Carroll for approval.
Mar 20, 2023 12:34 PM :: Approved by Scott Carroll. Routed to Noelani Middenway for approval.
Mar 23, 2023 4:46 PM :: Final approval by Noelani Middenway
3/24/23, 11:58 AM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#15/51
C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to
be routine and may be acted upon by one motion after public comment has been
received. Only Board of Directors may pull an item for discussion. Reading of
resolutions is waived and they will be adopted and numbered. Now is the time for
those in the audience who wish to speak to items listed on the consent calendar.
Each speaker will be limited to four (4) continuous minutes of comment on the
consent calendar as a whole.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Noelani Middenway, District Clerk & Public Information Officer
Date: March 27, 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 March 27, 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_comp.pdf (545 KB)
Subject 5. Approve the Directors' Compensation and Reimbursement of Expenses
Meeting Mar 27, 2023 - Board of Directors Regular Meeting
Type Action (Consent)
Recommended Action That the Board of Directors approve the compensation and reimbursement of expenses as
presented.
3/24/23, 11:58 AM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#16/51
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.
3/24/23, 11:58 AM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#17/51
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: Evan Schneider, Solid Waste Intern
Date: March 27, 2023
Subject: Approve the preparation of a warrant to CR Transfer in the amount of $197,290.89 for January 2023 recycling and disposal
services in the March 2023 warrant register.
Summary
This payment to CR Transfer is for the sorting of recyclables from the mixed waste and disposal of the remaining waste at the landfill. With the
implementation of the Organics Recycling Program adopted by the Board, this payment also includes the diverting of the organics waste to the
Anaerobic Digestion facility to be recycled into fertilizer or renewable natural gas to fuel the refuse trucks.
Recommendation
That the Board of Directors approves the preparation of a warrant to CR Transfer in the amount of $197,290.89 for January 2023 recycling and
disposal services to be ratified in the warrant register.
Analysis
Below is a chart depicting the total tonnage and payments due for residential and organic waste collected in Costa Mesa and Newport Beach.
*Due to weight ticket calculation rounding, monthly invoices may be slightly off by a few pennies. Invoices that are slightly off are marked by an
asterisk below.
Type of Waste Invoice Tonnage Rate Amount
Billed
Residential Waste - Newport Beach 44295 76.51 $56.52
$4,324.35
Residential Waste - Costa Mesa 44294 2,453.26 $56.52 $138,658.20*
Total Residential Waste 2,529.77 $142,982.55
Organics Recycling Waste 44329 698.32 $77.77 $54,308.34*
Total Organics 698.32 $54,308.34
Grand Total 3,228.09 $197,290.89
Please note that CR&R was unable to provide invoices and weight tickets for the month of February in time for this meeting. The CR Transfer,
Organics Tonnage and Solid Waste Diversion Report for the month of February will be presented at the April 2023 Board Meeting for review
and approval.
Legal Review
Subject 6. Approve the preparation of a warrant to CR Transfer in the amount of $197,290.89
for January 2023 recycling and disposal services in the March 2023 warrant register
Meeting Mar 27, 2023 - Board of Directors Regular Meeting
Type Action (Consent)
Recommended Action That the Board of Directors approves the preparation of a warrant to CR Transfer in the amount
of $197,290.89 for January 2023 recycling and disposal services to be ratified in the warrant
register.
3/24/23, 11:58 AM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#18/51
Not Applicable
Environmental Review
Consideration of the CR Transfer Report is an administrative matter and not a disturbance of the environment similar to grading or construction
and not a project under CEQA or the District’s CEQA Guidelines.
Financial Review
Sufficient funds are available in the adopted budget to pay for the services provided.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the March 27, 2023 Board of Directors
regular meeting at District Headquarters and posted on the District’s website at www.cmsdca.gov.
Alternative Actions
1. Refer item back to staff with further instructions.
Workflow
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and
they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the
consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a
whole.
Workflow Mar 15, 2023 4:48 PM :: Submitted by Evan Schneider. Routed to Kaitlin Tran for approval.
Mar 15, 2023 5:15 PM :: Rejected by Kaitlin Tran
Mar 20, 2023 12:43 PM :: Submitted by Evan Schneider. Routed to Kaitlin Tran for approval.
Mar 20, 2023 5:56 PM :: Rejected by Kaitlin Tran
Mar 21, 2023 12:20 PM :: Submitted by Evan Schneider. Routed to Kaitlin Tran for approval.
Mar 21, 2023 3:37 PM :: Approved by Kaitlin Tran. Routed to Scott Carroll for approval.
Mar 21, 2023 6:21 PM :: Approved by Scott Carroll. Routed to Noelani Middenway for approval.
Mar 23, 2023 4:49 PM :: Final approval by Noelani Middenway
3/24/23, 11:58 AM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#19/51
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: March 27, 2023
Subject: Approve the Investment Report for the Month of February 2023
Summary
Attached is the Investment Report for the month of February 2023. 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 February 2023.
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 February 28, 2023. 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 February 28, 2023, was 1.702%. The yield
to maturity of the portfolio was 1.703%. The District’s weighted average interest rate was 92 basis points (0.922%) below the LAIF average
monthly rate for November of 2.624%. The weighted average number of days to maturity for the District’s total portfolio was 744 days (2.04
years). The duration of the underlying securities in LAIF as of February 28, 2023 was 281 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 February 28, 2023 was 35.16%. The District has
adequate cash reserves necessary to meet its obligations for the next six months.
A majority of the District’s cash and investments is reserved or set aside for specific purposes. A description of the various classifications of the
District’s cash and investments are as follows:
Solid Waste Fund:
Operating Reserve - Equal to 30% of the operations budget of the Solid Waste Fund per Operations Code Section 4.030.020.
The Operating Reserve can only be accessed with prior Board approval.
Designated for Revenue Dry Period - Equal to 5 months of budgeted operating expenses for the fiscal year to cover the cash
deficit during the period in which the District does not receive any of its annual charges from the County of Orange. The
revenue dry period is from June through October.
Subject 7. Approve the Investment Report for the Month of February 2023
Meeting Mar 27, 2023 - Board of Directors Regular Meeting
Type Action (Consent)
Recommended Action That the Board of Directors approve the Investment Report for the month of February 2023.
Goals 7.0 Finance
3/24/23, 11:58 AM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#20/51
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 February 28, 2023, the portfolio has
earned a weighted average interest rate of 1.311%.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the March 27, 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 - February 2023.pdf (691 KB)
Workflow
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and
they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the
consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a
whole.
Workflow Mar 20, 2023 1:39 PM :: Submitted by Marc Davis. Routed to Noelani Middenway for approval.
Mar 23, 2023 4:51 PM :: Final approval by Noelani Middenway
3/24/23, 11:58 AM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#21/51
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: Evan Schneider, Solid Waste Intern
Date: March 27, 2023
Subject: Accept the occupancy count as presented as 23,092 and direct staff to prepare a warrant to CR&R Environmental Services
for $246,015.24 for February 2023 collection.
Summary
Accept the occupancy count as presented using 23,092 as the correct number of active units and direct staff to prepare a warrant to CR&R
Environmental Services for February 2023 collection based on this occupancy report so long as the contractor fulfills the obligations of the
agreement in the amount of $246,015.24 to be ratified in the February 2023 warrant list.
Recommendation
That the Board of Directors accept the occupancy count as presented using 23,092 as the correct number of active units and direct staff to
prepare a warrant to CR&R Environmental Services for February 2023 collection based on this occupancy report so long as the contractor
fulfills the obligations of the agreement in the amount of $246,015.24 to be ratified in the February 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 February 29, 2023, total District occupancy was at 23,092 with one new account added 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 February 2023:
23,092 x $10.6537 =$246,015.24
Legal Review
Not Applicable
Environmental Review
Consideration of the Occupancy Report is an administrative matter and not a disturbance of the environment similar to grading or construction
and not a project under CEQA or the District’s CEQA Guidelines.
Subject 8. Accept the occupancy count as presented as 23,092 and direct staff to prepare a
warrant to CR&R Environmental Services for $246,015.24 for February 2023 collection.
Meeting Mar 27, 2023 - Board of Directors Regular Meeting
Type Action (Consent)
Recommended Action That the Board of Directors accept the occupancy count as presented using 23,092 as the correct
number of active units and direct staff to prepare a warrant to CR&R Environmental Services for
February 2023 collection based on this occupancy report so long as the contractor fulfills the
obligations of the agreement in the amount of $246,015.24 to be ratified in the February 2023
warrant list.
3/24/23, 11:58 AM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#22/51
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 March 27, 2023, Regular Board meeting at
District Headquarters and on the District website at www.cmsdca.gov.
Alternative Actions
1. Refer item back to staff with further instructions.
File Attachments
2023-02-G CMSD Occupancy Report.pdf (77 KB)
Workflow
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and
they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the
consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a
whole.
Workflow Mar 21, 2023 2:49 PM :: Submitted by Evan Schneider. Routed to Kaitlin Tran for approval.
Mar 21, 2023 3:46 PM :: Rejected by Kaitlin Tran
Mar 21, 2023 4:34 PM :: Submitted by Evan Schneider. Routed to Kaitlin Tran for approval.
Mar 21, 2023 5:15 PM :: Approved by Kaitlin Tran. Routed to Scott Carroll for approval.
Mar 21, 2023 6:24 PM :: Approved by Scott Carroll. Routed to Noelani Middenway for approval.
Mar 23, 2023 4:55 PM :: Final approval by Noelani Middenway
3/24/23, 11:58 AM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#23/51
C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to
be routine and may be acted upon by one motion after public comment has been
received. Only Board of Directors may pull an item for discussion. Reading of
resolutions is waived and they will be adopted and numbered. Now is the time for
those in the audience who wish to speak to items listed on the consent calendar.
Each speaker will be limited to four (4) continuous minutes of comment on the
consent calendar as a whole.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Lieu Tran, Accountant
Date: March 27, 2023
Subject: Approve Payroll Transparency Disclosure for February 2023
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 March 27, 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 9. Approve Payroll Transparency Disclosure for February 2023
Meeting Mar 27, 2023 - Board of Directors Regular Meeting
Type Action (Consent)
Fiscal Impact Yes
Budgeted Yes
Recommended Action That the Board of Directors approve and file the report.
Goals 4.7 Demonstrate outstanding efforts in transparency
7.0 Finance
3/24/23, 11:58 AM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#24/51
File Attachments
Payroll Transparency Disclosure Feb 2023.pdf (171 KB)
Workflow
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and
they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the
consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a
whole.
Workflow Mar 15, 2023 5:00 PM :: Submitted by Lieu Tran. Routed to Kaitlin Tran for approval.
Mar 15, 2023 5:14 PM :: Approved by Kaitlin Tran. Routed to Scott Carroll for approval.
Mar 20, 2023 12:34 PM :: Approved by Scott Carroll. Routed to Noelani Middenway for approval.
Mar 23, 2023 4:46 PM :: Final approval by Noelani Middenway
3/24/23, 11:58 AM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#25/51
C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to
be routine and may be acted upon by one motion after public comment has been
received. Only Board of Directors may pull an item for discussion. Reading of
resolutions is waived and they will be adopted and numbered. Now is the time for
those in the audience who wish to speak to items listed on the consent calendar.
Each speaker will be limited to four (4) continuous minutes of comment on the
consent calendar as a whole.
To: Board of Directors
From: Scott Carroll, General Manager
Date: March 27, 2023
Subject: Receive and File February 2023 Contracts Signed by the General Manager
Summary
At the January 24, 2019 Board of Directors meeting, the Board directed the General Manager to submit a list of contracts he signed during the
previous month. Below are the contracts he signed in the months of February 2023.
Recommendation
That the Board of Directors receive and file this report.
Analysis
The following contracts were signed by the general manager in February 2023.
Contract:
1. SCI Consulting Group – Perform a comprehensive parcel and levy audit in the first year, fiscal year (FY) 2022-23, and provide annual levy
administration services for FY 2023-24, 2024-25, and 2025-26, with the option of provide annual levy administration services for FY 2026-27
and 2027-28 solely at the discretion of the District. Cost: $70,895 for three years; $118,587 for five years.
Fiscal Year Cost
2022-2023 $27,250
2023-2024 $21,500
2024-2025 $22,145
2025-2026 $22,809
2026-2027 Extended Year Optional $23,494
2027-2028 Extended Year Optional $24,198
2. Michael Balliet Consulting, LLC – Provide services to assist District with franchise hauler compliance, SB 1383 compliance and conduct
quarterly waste composition studies covering all eight mixed waste routes in FY2023-24 and FY2024-25. Cost: $36,540 each fiscal year
Purchase Order:
1. Jamison Engineering Contractors, Inc. - Project #324, conduct condition assessment of Elden MH 104953 and provide review of a Grade 5
defect, with exposed rebar, in the cone section. Cost: $3,500
2. Robotic Sewer Solutions, Inc. – Project #336, install fiberglass sectional liner on Monrovia St between Towne and Center St. Cost: $4,800
Legal Review
Not applicable
Subject 10. Receive and File February 2023 Contracts Signed by the General Manager
Meeting Mar 27, 2023 - Board of Directors Regular Meeting
Type Action (Consent)
Fiscal Impact No
Budgeted Yes
Recommended Action That the Board of Directors receive and file this report.
3/24/23, 11:58 AM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#26/51
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 March 27, 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
Workflow
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and
they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the
consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a
whole.
Workflow Mar 15, 2023 3:48 PM :: Submitted by Scott Carroll. Routed to Noelani Middenway for approval.
Mar 23, 2023 4:51 PM :: Final approval by Noelani Middenway
3/24/23, 11:58 AM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#27/51
E. GENERAL MANAGER'S REPORTS
To: Board of Directors
From: Noelani Middenway, CMC
Date: March 27, 2023
Subject: Consider appointing three members to serve a two-year term ending in March 2025.
Summary
There are currently five vacancies on the Citizens Advisory Committee (CAC) that require the Board to appoint new members to serve on the
committee.
Analysis
The Citizens Advisory Committee (CAC) consists of 11 members that provide advisory input on subject matters desired by the Board of
Directors. CAC members serve staggered terms of one or two years. Five vacancies currently exist, and only three applications were received
for the Board's consideration.
The following individuals have submitted applications:
Jeff Arbour
Cindy Brenneman
Francesca Normington
Recommendation
That the Board of Directors appoint appoint three members to serve a two-year term ending in March 2025, and continue to accept
applications for appointment until all remaining vacancies are filled.
Legal Review
Not applicable.
Environmental Review
Appointing members to the Citizens Advisory Committee is an administrative matter, which will not result in direct or indirect physical changes
to the environment similar to grading or construction and is not considered a project under CEQA.
Financial Review
Not applicable.
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the March 27, 2023 Board of Directors Regular Meeting
at District Headquarters and posted on the District’s website.
Alternative Actions
Refer the matter back to staff.
File Attachments
normingtong_francesca_redacted.pdf (40 KB)
Subject 1. Consider appointing three members to the Citizens Advisory Committee to serve a
two-year term ending in March 2025.
Meeting Mar 27, 2023 - Board of Directors Regular Meeting
Type Action
Recommended Action That the Board of Directors consider appointing three members to the Citizens Advisory
Committee to serve a two-year term ending in March 2025.
3/24/23, 11:58 AM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#28/51
arbour_jeff_redacted.pdf (40 KB)
brenneman_cindy_redacted.pdf (61 KB)
3/24/23, 11:58 AM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#29/51
E. GENERAL MANAGER'S REPORTS
To: Board of Directors
From: Scott Carroll, General Manager
Date: March 27, 2023
Subject: Consider Amending Administrative Policy No. 60.00 - Citizens Advisory Committee
Summary
On October 26, 2017, Administrative Policy No. 60.00 was adopted to create the Citizens Advisory Committee, which consists of a group of
volunteers who advises the Board and staff on district policies, programs and operations.
Recommendation
That the Board of Directors consider approving proposed amendment to Administrative Policy No. 60.00 pertaining to the Citizens Advisory
Committee
Analysis
The recommended amendment to Administrative Policy No. 60.00 pertains to years of service, Section IV.A.4 (Page 2). The proposed
amendment, if approved by the Board of Directors, will allow citizens to serve on the committee for continuous years if desired by the
committee member and Board of Directors, and there are less applications to serve on the committee than vacancies.
Legal Review
No applicable.
Environmental Review
Approving amendments to policies are an administrative matter that will not result in direct or indirect physical changes in the environment and
is not considered a "project".
Financial Review
There are no fiscal impacts to the District for approving the proposed amendments to Administrative Policy No. 60.00
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the March 27, 2023 Board of Directors regular meeting at
District Headquarters and on District website at www.cmsdca.gov.
Alternative Actions
1. Defer any decision until the policy is reviewed by the District's Policy Review Ad Hoc Committee, which is meeting on March 28, 2023.
2. Direct staff to report back with more information.
File Attachments
AR No. 60.00 - Citizens Advisory Committee.doc (96 KB)
Subject 2. Consider Amending Administrative Policy No. 60.00 - Citizens Advisory Committee
Meeting Mar 27, 2023 - Board of Directors Regular Meeting
Type Action
Recommended Action That the Board of Directors consider approving proposed amendment to Administrative Policy No.
60.00 pertaining to the Citizens Advisory Committee
Goals 6.0 Administrative Management
3/24/23, 11:58 AM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#30/51
Workflow
Workflow Mar 21, 2023 3:09 PM :: Submitted by Scott Carroll. Routed to Noelani Middenway for approval.
Mar 23, 2023 4:51 PM :: Final approval by Noelani Middenway
3/24/23, 11:58 AM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#31/51
E. GENERAL MANAGER'S REPORTS
To: Board of Directors
From: Scott Carroll, General Manager
Date: March 27, 2023
Subject: Consider Adopting Resolution No. 2023-981 Opposing Initiative 1935 Further Limiting State and Local Governments' Ability
to Raise Revenues
Summary
As of February 1, 2023, Initiative 1935, “Limits Ability of Voters and State and Local Governments to Raise Revenues for Government
Services,” is eligible for the November 2024 statewide ballot. The California Business Roundtable sponsored the initiative, which is supported
by many large businesses, developers and the Howard Jarvis Taxpayers Association. If approved by the voters, Initiative 1935 would:
1. Adopt new and stricter rules for raising taxes, fees, assessments, and property-related fees.
2. Amend the State Constitution, including portions of Propositions 13, 218, and 26 among other provisions, to the advantage of the initiative’s
proponents; creating new grounds to challenge these funding sources and disrupting fiscal certainty for local government agencies.
3. Restrict the ability of local governments to issue fines and penalties to corporations and property owners that violate local environmental,
water quality, public health, public safety, fair housing, nuisance and other laws and ordinances.
4. Retroactively void all state and local taxes or fees adopted after January 1, 2022, if they did not align with the provisions of this initiative.
Recommendation
That the Board of Directors adopt Resolution No. 2023-981 opposing Initiative 1935 further limiting state and local governments' ability to raise
revenues
Analysis
The purported “Taxpayer Protection and Government Accountability Act,” a statewide initiative measure to amend the California Constitution
sponsored by the California Business Roundtable (“CBRT”), is the most consequential proposal to limit the ability of the state and local
governments to enact, modify, or expand taxes, assessments, fees, and property-related charges since the passage of Proposition 218 (1996) and
Proposition 26 (2010). If enacted, public agencies would face a drastic rise in litigation that could severely restrict their ability to meet essential
services and infrastructure needs.
The initiative includes provisions that would retroactively void all state and local taxes or fees adopted after January 1, 2022 if they did not align with
the provisions of this initiative. This may also affect indexed fees that adjust over time for inflation or other factors. Effectively, it would allow voters
throughout California to invalidate the prior actions of local voters, undermining local control and voter-approved decisions about investments
needed in their communities.
Eighty special districts and counting have now joined California Special Districts Association (CSDA), Cal Cities, the California State Association of
Counties, educators, nurses, firefighters, and infrastructure groups in opposing Initiative 1935. Attached is the list of special districts coalition.
Legal Review
District Counsel has reviewed the initiative language and will provide comments at tonight's meeting.
Subject 3. Consider Adopting Resolution No. 2023-981 Opposing Initiative 1935 Further
Limiting State and Local Governments' Ability to Raise Revenues
Meeting Mar 27, 2023 - Board of Directors Regular Meeting
Type Action
Fiscal Impact Yes
Recommended Action That the Board of Directors adopt Resolution No. 2023-981 opposing Initiative 1935 further
limiting state and local governments' ability to raise revenues
Goals 1.0 Sewer Infrastructure
2.0 Solid Waste
8.0 Finance
3/24/23, 11:58 AM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#32/51
Environmental Review
Adopting a resolution to oppose a statewide ballot initiative is an administrative matter that will not result in direct or indirect physical changes
in the environment and is not considered a "project".
Financial Review
There are no fiscal impacts for adopting the attached resolution
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the March 27, 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
Initiative 1935 Resolution.pdf (67 KB)
Special Districts Coalition.pdf (54 KB)
Workflow
Workflow Mar 20, 2023 12:33 PM :: Submitted by Scott Carroll. Routed to Noelani Middenway for approval.
Mar 23, 2023 4:51 PM :: Final approval by Noelani Middenway
3/24/23, 11:58 AM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#33/51
E. GENERAL MANAGER'S REPORTS
To: Board of Directors
From: Scott Carroll, General Manager
Date: March 27, 2023
Subject: Consider Approving Letter of Support for Assembly Bill 1594 (E. Garcia) Medium and Heavy Duty Zero Emission Vehicles:
Public Agency Utilities
Summary
On March 14, 2023, the Board of Directors discussed California Air Resource Board (CARB) proposed Advanced Clean Fleet (ACF)
regulations for medium and heavy duty vehicles. Between 2024 to 2026, state and local fleets must purchase 50% of their fleet with zero
emission vehicles (ZEV) or Near-zero-emissions vehicles (NZEV). By January 1, 2027, all purchases must be ZEV or NZEV.
Recommendation
That the Board of Directors approve the attached Letter of Support for AB 1594
Analysis
The proposed regulations does allow for exemptions. The exemption rule would apply to replacing the District's combination sewer cleaning
units as manufacturers have no intentions to manufacture ZEV combination sewer cleaning units because the purchase price would be
prohibitive for most agencies. AB 1594 (E. Garcia) will strengthen the exemption rule by recognizing the diversity of public utilities fleet when
needed to maintain reliable services and responding to emergencies by allowing agencies to replace units when they are at the end of life with
traditional combustible engine vehicles.
AB 1594 is co-sponsored by the California Municipal Utilities Association (CMUA). The California Special Districts Association (CSDA) has
taken a "watch" position on AB 1594, but CSDA staff does plan on engaging with CARB board members about the proposed ACF regulations
and will coordinate a meeting with Assemblyman Garcia and some of his constituents on this topic. CMSD staff has engaged with
Assemblyman Garcia' staff as well in hopes of amending AB 1594 definition of "public agencies utility." Staff recommended the following
definition change:
“A public agency utility to include a local publicly owned electric utility, a community water system, and a wastewater treatment and/or
collection provider, as specified.”
Staff is concerned that if the definition does not explicitly mention “collection”, CARB will interpret the definition only applies to wastewater
treatment agencies like Orange County Sanitation District. Staff has requested CSDA to advocate on behalf of CMSD, an amendment to the
definition as described above.
Legal Review
Not applicable
Environmental Review
Approving a support letter for proposed state legislation is an administrative matter that will not result in direct or indirect physical changes in
the environment and is not considered a "project".
Financial Review
There are no fiscal impacts for approving a support letter for AB 1594.
Public Notice Process
Subject 4. Consider Approving Letter of Support for Assembly Bill 1594 (E. Garcia) Medium and
Heavy Duty Zero Emission Vehicles: Public Agency Utilities
Meeting Mar 27, 2023 - Board of Directors Regular Meeting
Type Action
Recommended Action That the Board of Directors approve the attached Letter of Support for AB 1594
Goals 6.0 Administrative Management
6.6 Administrative Management - Stay informed of Federal and State legislation
3/24/23, 11:58 AM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#34/51
Copies of this report are on file and will be included with the entire agenda packet for the March 27, 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
AB 1594 Fact Sheet 3.15.23.pdf (495 KB)
ab_1594_98_A_bill.pdf (296 KB)
AB 1594 Support Letter 03-27-23.pdf (345 KB)
Workflow
Workflow Mar 21, 2023 6:21 PM :: Submitted by Scott Carroll. Routed to Noelani Middenway for approval.
Mar 23, 2023 4:56 PM :: Final approval by Noelani Middenway
3/24/23, 11:58 AM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#35/51
F. ENGINEER'S REPORTS
To: Board of Directors
From: Mark Esquer, District Engineer
Date: March 27, 2023
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-
February to mid-March. The District Engineer's memorandum and Monthly Report and CIP CIP Budget 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 March 27, 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 03 Monthly Engineers Report CMSD Memorandum.pdf (230 KB)
2023-03 Board Mtg - Financial Section for CIP Updates.pdf (201 KB)
Subject 1. Receive and File the District Engineer's Report and Capital Improvement Projects
Status
Meeting Mar 27, 2023 - Board of Directors Regular Meeting
Type Action, Discussion
Preferred Date Mar 27, 2023
Fiscal Impact No
Budgeted Yes
Budget Source Current Operating Budget
Recommended Action The Board of Directors Receive and File the District Engineer's Report and Capital Improvement
Projects Status
3/24/23, 11:58 AM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#36/51
Workflow
Workflow Mar 21, 2023 10:24 PM :: Submitted by Mark Esquer. Routed to Mark Esquer for approval.
Mar 21, 2023 10:25 PM :: Approved by Mark Esquer. Routed to Scott Carroll for approval.
Mar 22, 2023 5:37 PM :: Approved by Scott Carroll. Routed to Noelani Middenway for approval.
Mar 23, 2023 4:56 PM :: Final approval by Noelani Middenway
3/24/23, 11:58 AM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#37/51
F. ENGINEER'S REPORTS
To: Board of Directors
From: Mark Esquer, District Engineer
Date: March 27, 2023
Subject: Approve Project #341 Elden Force Main Redundancy Design Contract
Summary
The District is installing about 3,600 feet of new 18-inch forcemain pipe, rehabilitating up to 2,300 feet of old, out-of-service forcemain pipeline,
and interconnecting the pipes with the pump station to create a redundant discharge system for the Elden pump station. It is anticipated that
the new pipeline will cross underneath the SR-55 freeway as an alternate alignment to eliminate the potential for earthquake damage to the
SR-55 Mesa bridge to damage both forcemain pipes.
The District has solicited professional engineering design services to prepare plans and specifications for the improvements, rehabilitation,
and new pipeline project. Proposals were received from two firms, Ardurra Group, Inc. (Ardurra) and Kleinfelder Inc. (Kleinfelder). The
respective Fee Proposals form the two firms were $851,180 and $631,409. The Proposals were reviewed and ranked, with Ardurra scoring 4.3
out of 5 and Keinfelder scoring 4.8 out of 5.
Either firm is capable to perform the work and the technical scores were very close. The Fee Proposal scoring provided the 1/2-point increase
for the Kleinfelder proposal. District staff will present details during the Board presentation regarding proposal information, scores, and
summary of the evaluation.
The District did meet with Kleinfelder to confirm understanding, level of effort to deliver the project, and review the proposed fees. Based on
the discussion and review, the District is recommending that additional items be included in the contract and an increase to the proposed Fees.
The increased fees result from adding slightly more time for preliminary design, Caltrans coordination and meetings, and for additional project
management, for an additional cost of $16,285. The extra work requested involves additional hydraulic analysis/field testing, a review of the
station resiliency to comply with State requirements, and a review of our existing forcemain and the potential bridge movement during a major
earthquake. The additional cost for these three services is $36,508.
The total proposed Fee, including extra work, is $684,202.03
Recommendation
That the Board of Directors approve the following:
1. Awarding a contract to Kleinfelder, Inc., and approving a 10% contingency, for a total amount of $753,000.
2. Option A) Staff is proposing the Board of Directors consider approving the transfer out $622,300 from the Asset Management Fund, in to
the Wastewater fund and appropriate $622,300 to CIP $# 341, Elden Force Main Redundancy. The Board has approved a minimum level of
Reserves in the Asset Management Fund of $5 million. The Asset Management Fund currently has a balance of $5,012,400. If the Board
Subject 2. Approve Project No. 341 Elden Force Main Redundancy Design Contract
Meeting Mar 27, 2023 - Board of Directors Regular Meeting
Type Action, Discussion, Presentation
Recommended Action That the Board of Directors approve the following:
1. Awarding a contract to Kleinfelder, Inc., and approving a 10% contingency, for a total amount
of $753,000.
2. Option A) Staff is proposing the Board of Directors consider approving the transfer
out $622,300 from the Asset Management Fund, in to the Wastewater fund and appropriate
$622,300 to CIP $# 341, Elden Force Main Redundancy. The Board has approved a minimum
level of Reserves in the Asset Management Fund of $5 million. The Asset Management Fund
currently has a balance of $5,012,400. If the Board approve this transfer the Asset Management
Fund Reserve will fall below $5 million. Staff will replenish the reserve during the FYs 2023-24
and 2024-25 budget process.
Or Option B) Staff will request the Board of Directors to appropriate funds during the FYs 2023-
24 and 2024-25 budget process, $480,000 in FY 23-24 and $142,300 in FY 24-25, total of
$622,300. Based on project design outlay, the phased/proposed budget approach provides
adequate funding during the project design.
3/24/23, 11:58 AM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#38/51
approve this transfer the Asset Management Fund Reserve will fall below $5 million. Staff will replenish the reserve during the FYs 2023-24
and 2024-25 budget process.
Or Option B) Staff will request the Board of Directors to appropriate funds during the FYs 2023-24 and 2024-25 budget process, $480,000 in
FY 23-24 and $142,300 in FY 24-25, total of $622,300. Based on project design outlay, the phased/proposed budget approach provides
adequate funding during the project design.
Analysis
The District solicited proposals requesting services for designing and bidding a new buried pipeline, refurbishing an existing, out-of-service
pipeline, providing pipeline access for future maintenance work and condition assessments, and reconfiguring the piping so that flows may be
directed to either of both pipelines. In addition to placing the Request for Proposal (RFP) on our website, RFPs were sent to seven (7) firms.
The District two (2) Proposals, form Ardurra and Kleinfelder.
The RFP required firms to provide information regarding the firm, their experience, the proposed team, references, understanding of the
project, labor hour estimate, project schedules, and distinguishing characteristics, among other items. The evaluation criteria considered Cost
(20%), Responsiveness (15%), Approach (20%), References, (10%), and Team/Distinguishing Characteristics (15%). Ardurra received a
technical score of 3.7 and fee score of 0.6. Kleinfelder received a technical score of 3.8 and cost score of 1.0. Ardurra was rated a score of 3
points out of 5 because they were above 25% higher fee than Kleinfelder; the Kleinfelder team received a score of 5 points because they were
the lowest fee. Arudurra, including subconsultant work, proposed 3793 labor hours and Kleinfelder proposed 3,228 labor hours.
Legal Review
Legal counsel has reviewed the Sample Agreement included during the RFP process, and has received the Kleinfelder agreement for their
review.
Environmental Review
Installing a redundant pipeline with the same capacity as the existing facility is categorically exempt under the California Environmental Quality
Act (CEQA) (Public Resources Code Section 21000 et. seq.) under Section 15302 as a “Class 2” project as stated under 15302(c)
“Replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity“. In addition, CEQA
provides for exemption for pipelines less than a mile. In addition, PRC 21080.23 applies exemption for pipelines between 1 mile and 8 miles as
defined in Gov C 51010.5, if certain conditions are met such as, but not limited to, the project is undertaken within public right-of-way, the to
pipeline restores the right-of-way to preexisting condition, and the diameter has not increased.
Financial Review
The 341 Elden project budget is currently $370,000 (approved by the Board in November 2023). However, the estimate project design phase
cost total is $992,300. As a result, the Board of Directors needs to appropriate an additional $622,300.
Contractor Cost
Kleinfelder, Inc.$753,000
RBH Admin $70,000
Soil Work (Geo-Tech)$100,000
Contingency $69,300
Total Cost $992,300
Current Budget $370,000
Need $622,300
Staff is proposing two options to the Board of Directors:
A) Staff is proposing the Board of Directors consider approving the transfer out $622,300 from the Asset Management Fund, in to the
Wastewater fund and appropriate $622,300 to CIP $# 341, Elden Force Main Redundancy. The Board has approved a minimum level of
Reserves in the Asset Management Fund of $5 million. The Asset Management Fund currently has a balance of $5,012,400. If the Board
approve this transfer the Asset Management Fund Reserve will fall below $5 million. Staff will replenish the reserve during the FYs 2023-24
and 2024-25 budget process.
Account Account Number Transfer In Transfer Out
Asset Management Fund 50-500000-4995 $622,300
Wastewater Fund 20-000000-3995 $622,300
Fund Balance 20-000000-2990 $622,300
Elden Force Main Redundancy, CIP #341 20-201341-4300 $622,300
3/24/23, 11:58 AM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#39/51
B). Staff will request the Board of Directors to appropriate funds during the FYs 2023-24 and 2024-25 budget process, $480,000 in FY 23-24
and $142,300 in FY 24-25, total of $622,300. Based on project design outlay, the phased/proposed budget approach provides adequate
funding during the project design.
The District is reviewing outside funding options including the State of California, selling bonds, or financing. The District staff will be discussing
options with the District Treasurer and will bring funding options to the Board during future meeting or study session.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the March 27, 2023 Board of Directors meeting at
District Headquarters (290 Paularino Avenue) and posted on the District’s website at www.cmsdca.gov.
Alternative Actions
Refer the matter back to Direct District staff for consideration of project alternatives and return to a future Board meeting.
File Attachments
2023 03 24 Project 341 Elden Forcemain Consultant Agreement Final.pdf (7,345 KB)
2023 02 22 Board Mtg 341 Elden FM Redundancy Design Contract Presentation.pdf (15,250 KB)
Workflow
Workflow Jun 9, 2022 3:27 PM :: Submitted by Mark Esquer. Routed to Scott Carroll for approval.
Jun 9, 2022 3:58 PM :: Rejected by Scott Carroll
Mar 23, 2023 5:17 PM :: Submitted by Mark Esquer. Routed to Scott Carroll for approval.
Mar 23, 2023 5:19 PM :: Rejected by Scott Carroll
Mar 23, 2023 5:19 PM :: Submitted by Mark Esquer. Routed to Kaitlin Tran for approval.
Mar 23, 2023 7:20 PM :: Approved by Kaitlin Tran. Routed to Scott Carroll for approval.
Mar 24, 2023 10:04 AM :: Approved by Scott Carroll. Routed to Noelani Middenway for approval.
Mar 24, 2023 11:26 AM :: Final approval by Noelani Middenway
3/24/23, 11:58 AM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#40/51
H. ATTORNEY'S REPORTS
To: Board of Directors
From: Alan Burns, District Counsel
Date: March 27, 2023
Subject: Consider Adopting Ordinance No. 2023-136 Amending the Operations Code Per SB 1100 (Gov. Code
§54957.95) Regarding Disruptive Speakers
Summary
SB 1100 and recent case law have narrowed the grounds by which a disruptive speaker may be removed from a public meeting. This
amendment to the Operations Code will codify the grounds and procedure.
Staff recommendation
That the Board of Directors adopt Ordinance No. 2023-136 Amending the Operations Code Regarding Disruptive Speakers
Analysis
Government has always been authorized to have rules of decorum for speakers in public meetings. Robert’s Rules of Order and Rosenburg’s
have guided parliamentary bodies in conducting their business. The law has recognized the right to have respectful comment, time limits and,
in general, orderly meetings so that the public’s business may be achieved. Recently cases reviewing disruptions to those meetings have
focused on whether the speaker’s First Amendment rights were properly taken into consideration.
In Norse v. City of Santa Cruz, 629 F.3d 966 (9 Circ. 2010)- the issue involved whether a Nazi salute from the back of the room disrupted the
meeting (the Court found it did not). In Acosta v. City of Costa Mesa 2013 U.S. App. Lexis 9066 the issue was whether the obstructionist
activity of a speaker who called the Mayor a racist pig (with other profanity) was disruptive. In the Acosta decision the Court found that the
ordinance was invalid because it sought to punish “insolent” behavior and was ambiguous as to whether the speech had to disrupt the
meeting. Nevertheless, it upheld the arrest of Acosta under immunity grounds.
The holding in Acosta was codified in legislation in SB 1100. The legislature has required that the speech or conduct actually disrupt the
meeting, and has provided statutory guidance. This ordinance will implement that statutory guidance.
The ordinance requires “disruptive” conduct which violates a rule so as to actually disrupt the meeting, or actual violence or a threat of
violence. It also requires a warning if violence is not involved. The ordinance has been revised to meet this criteria.
Legal review
District Counsel, in coordination with staff, prepared the ordinance and reviewed the law.
Financial review
There are no financial impacts to the District for adopting Ordinance No. 2023-136
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the March 27, 2023 Board of Directors regular meeting at
District Headquarters and on District website at www.cmsdca.gov.
Alternatives
1. Leave the Operations Code as is. This is not recommended as without clarifying words, the removal of a disruptive speaker may be
found unconstitutional, leaving the District exposed to money damages.
File Attachments
Subject 1. Consider Adopting an Ordinance No. 2023-136 - Amending the Operations Code
Regarding Disruptive Speakers
Meeting Mar 27, 2023 - Board of Directors Regular Meeting
Type Action
Recommended Action That the Board of Directors adopt Ordinance No. 2023-XXX Amending the Operations Code
Regarding Disruptive Speakers
th
3/24/23, 11:58 AM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#41/51
20230323 CMSD- Ordinance Re Disruptive Speakers.docx (27 KB)
Workflow
Workflow Mar 23, 2023 6:25 PM :: Submitted by Noelani Middenway. Routed to Lucy Jacobo for approval.
Mar 24, 2023 1:05 PM :: Approved by Lucy Jacobo. Routed to Scott Carroll for approval.
Mar 24, 2023 1:39 PM :: Approved by Scott Carroll. Routed to Noelani Middenway for approval.
Mar 24, 2023 1:49 PM :: Final approval by Noelani Middenway
3/24/23, 11:58 AM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#42/51
H. ATTORNEY'S REPORTS
Subject 2. Receive an Oral Report Regarding General Manager, Scott Carroll's, Employee
Agreement
Meeting Mar 27, 2023 - Board of Directors Regular Meeting
Type Presentation
3/24/23, 11:58 AM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#43/51
H. ATTORNEY'S REPORTS
File Attachments
20230320 CMSD-Scott's 1st Amendment to Restated.docx (14 KB)
Subject 3. Consider Approving General Manager, Scott Carroll's, Employee Agreement
Including a 6% Merit Increase after receiving his performance evaluation
Meeting Mar 27, 2023 - Board of Directors Regular Meeting
Type Action
Recommended Action That the Board of Directors Consider Approving General Manager, Scott Carroll's, First
Amendment to the Restated Employee Agreement Including a 6% Merit Increase After Receiving
His Performance Evaluation
3/24/23, 11:58 AM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#44/51
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 Mar 27, 2023 - Board of Directors Regular Meeting
Type
3/24/23, 11:58 AM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#45/51
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 Mar 27, 2023 - Board of Directors Regular Meeting
Type
3/24/23, 11:58 AM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#46/51
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 Mar 27, 2023 - Board of Directors Regular Meeting
Type
3/24/23, 11:58 AM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#47/51
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 Mar 27, 2023 - Board of Directors Regular Meeting
Type
3/24/23, 11:58 AM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#48/51
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 Mar 27, 2023 - Board of Directors Regular Meeting
Type
3/24/23, 11:58 AM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#49/51
I. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is
required to be given by a Director for any meeting for which expense reimbursement
of any kind is provided. Note: For meetings for which the per diem compensation is
sought, the Operations Code provides that such compensation is authorized for each
day’s service rendered as a Director at the request of the Board (not to exceed six
days in one month), and certain meetings are specified as being eligible as set forth
in District Operations Code § 3.01.030. For meetings not so listed, the Board must
approve the service for it to be eligible for the per day compensation.
Subject 6. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55,
Operations Code Section 3.01.030
Meeting Mar 27, 2023 - Board of Directors Regular Meeting
Type
3/24/23, 11:58 AM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#50/51
L. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS
Subject 1. Oral Communications and Director Comments
Meeting Mar 27, 2023 - Board of Directors Regular Meeting
Type Discussion
3/24/23, 11:58 AM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#51/51
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, April 24, 2023 in the
District's Boardroom, located at 290 Paularino Avenue, Costa Mesa, CA 92626.
Subject 1. Adjourn
Meeting Mar 27, 2023 - Board of Directors Regular Meeting
Type Procedural