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Monday, July 24, 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.
***
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.)
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.
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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 June 13, 2023
3. Approve the Board of Directors Regular Meeting Minutes of June 26, 2023
4. Adopt Warrant Resolution No. CMSD 2024-01 Approving District Warrant Registers
5. Approve the Directors' Compensation and Reimbursement of Expenses
6. Approve Payroll Transparency Disclosure for June 2023
7. Approve the occupancy count of 23,097 and direct staff to prepare a warrant to CR&R Environmental Services for
$246,068.51 for June 2023 solid waste collection services
8. Approve the Preparation of a Warrant to CR Transfer for $214,660.90 in the July 2023 Warrant Register for June 2023
Recycling and Disposal Services
9. Receive and File the June 2023 Organics Tonnage Report
10. Receive and File the June 2023 Solid Waste Diversion Report
11. Receive and File June 2023 Contracts Signed by the General Manager
D. PUBLIC HEARINGS
E. GENERAL MANAGER'S REPORTS
1. Receive and File 2020-25 Strategic Plan Progress Report - FY 2022-23 Fourth Quarter
2. Receive and File the Preliminary Fourth Quarter Budget Review of FY 2022-23
3. Receive and File 2023 Performance Measurement Report - 2nd Quarter, (January - June) Calendar Year
F. ENGINEER'S REPORTS
1. Receive and File the District Engineer's Report and Capital Improvement Projects Status
2. Adopt CEQA Determination, Consider Approving a Budget Adjustment to 342 HQ Landscaping Renovation from Budget
334 Gisler Forcemain, Awarding a Contract to Urban Habitat, Inc., and Approving a Contingency
3. Adopt CEQA Determination, Release Bonadiman Water, Inc. from their Bid, Award a Contract to GCI Construction, Inc.,
and Approve a Contingency
4. Consider Adopting Ordinance No. 137 Changing the Authority to Award Contracts and Making Other Clarifications and
Revising Chapters 4.04 and 4.06
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G. TREASURER'S REPORTS
1. Approve the Investment Report for the Month of June 2023
H. ATTORNEY'S REPORTS
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 days 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. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55, Operations Code Section 3.01.030
J. OLD BUSINESS
K. NEW BUSINESS
L. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS
1. Oral Communications and Director Comments
M. ADJOURN TO CLOSED SESSION
N. RECONVENE TO OPEN SESSION
O. CLOSING ITEMS
1. Adjourn
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Monday, July 24, 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.
***
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 Jul 24, 2023 - Board of Directors Regular Meeting
Access Public
Type Procedural
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A. OPENING ITEMS
Subject 2. Pledge of Allegiance - President Scheafer
Meeting Jul 24, 2023 - Board of Directors Regular Meeting
Access Public
Type Procedural
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A. OPENING ITEMS
Subject 3. Invocation - Vice President Schafer
Meeting Jul 24, 2023 - Board of Directors Regular Meeting
Access Public
Type Procedural
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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 Jul 24, 2023 - Board of Directors Regular Meeting
Access Public
Type Procedural
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A. OPENING ITEMS
Subject 5. Announcement of Late Communications - Unless directed otherwise by the
Board of Directors, all actions shall be based on/memorialized by the latest
document submitted as a late communication.
Meeting Jul 24, 2023 - Board of Directors Regular Meeting
Access Public
Type Procedural
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A. OPENING ITEMS
Subject 6. Ceremonial Matters and Presentations
Meeting Jul 24, 2023 - Board of Directors Regular Meeting
Access Public
Type Procedural
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B. PUBLIC COMMENTS - This time has been set aside for persons in the audience to
make comments on items within the subject matter jurisdiction of the Costa Mesa
Sanitary District that are not listed on this agenda. Members of the public will have
the opportunity to address the Board of Directors about all other items on this
agenda at the time those items are considered. Under the provisions of the Brown
Act, the Board of Directors is prohibited from taking action on oral requests but may
refer the matter to staff or to a subsequent meeting. The Board of Directors will
respond after public comment has been received. Please state your name. Each
speaker will be limited to four (4) continuous minutes.
Subject 1. Public Comments
Meeting Jul 24, 2023 - Board of Directors Regular Meeting
Access Public
Type Procedural
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C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to
be routine and may be acted upon by one motion after public comment has been
received. Only Board of Directors may pull an item for discussion. Reading of
resolutions is waived and they will be adopted and numbered. Now is the time for
those in the audience who wish to speak to items listed on the consent calendar.
Each speaker will be limited to four (4) continuous minutes of comment on the
consent calendar as a whole.
Subject 1. Approve Consent Calendar
Meeting Jul 24, 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.
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C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to
be routine and may be acted upon by one motion after public comment has been
received. Only Board of Directors may pull an item for discussion. Reading of
resolutions is waived and they will be adopted and numbered. Now is the time for
those in the audience who wish to speak to items listed on the consent calendar.
Each speaker will be limited to four (4) continuous minutes of comment on the
consent calendar as a whole.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Gina Terraneo, Management Analyst II
Date: July 24, 2023
Subject: Approve the Board of Directors Study Session Minutes of June 13, 2023
Summary
The recorded minutes of the June 13, 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 June 13, 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 July 24, 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.
Subject 2. Approve the Board of Directors Study Session Minutes of June 13, 2023
Meeting Jul 24, 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 Jun 13, 2023 - Board of Directors Study Session
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File Attachments
minutes_2023_06_13_ss.pdf (182 KB)
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived
and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on
the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as
a whole.
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C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to
be routine and may be acted upon by one motion after public comment has been
received. Only Board of Directors may pull an item for discussion. Reading of
resolutions is waived and they will be adopted and numbered. Now is the time for
those in the audience who wish to speak to items listed on the consent calendar.
Each speaker will be limited to four (4) continuous minutes of comment on the
consent calendar as a whole.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Gina Terraneo, Management Analyst II
Date: July 24, 2023
Subject: Approve the Board of Directors Regular Meeting Minutes of June 26, 2023
Summary
The recorded minutes of the June 26, 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 June 26, 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 July 24, 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.
Subject 3. Approve the Board of Directors Regular Meeting Minutes of June 26, 2023
Meeting Jul 24, 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 Jun 26, 2023 - Board of Directors Regular Meeting
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File Attachments
minutes_2023_06_26_rm.pdf (119 KB)
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived
and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on
the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as
a whole.
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C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to
be routine and may be acted upon by one motion after public comment has been
received. Only Board of Directors may pull an item for discussion. Reading of
resolutions is waived and they will be adopted and numbered. Now is the time for
those in the audience who wish to speak to items listed on the consent calendar.
Each speaker will be limited to four (4) continuous minutes of comment on the
consent calendar as a whole.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Sean Phan, Associate Accountant
Date: July 24, 2023
Subject: Adopt Warrant Resolution No. CMSD 2024-01 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 adopt Warrant Resolution No. CMSD 2024-01 approving District warrants for the month of June in the amount of
$2,076,461.02.
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
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
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 July 24, 2023 Board of Directors Regular meeting at
District Headquarters and posted on the District's website www.cmsdca.gov.
Subject 4. Adopt Warrant Resolution No. CMSD 2024-01 Approving District Warrant
Registers
Meeting Jul 24, 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 2024-01 approving District
warrants for the month of June in the amount of $2,076,461.02.
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Alternative Actions
Refer item back to staff with further instructions.
File Attachments
WARRANT RESO 2024-01.pdf (277 KB)
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived
and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on
the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as
a whole.
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C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to
be routine and may be acted upon by one motion after public comment has been
received. Only Board of Directors may pull an item for discussion. Reading of
resolutions is waived and they will be adopted and numbered. Now is the time for
those in the audience who wish to speak to items listed on the consent calendar.
Each speaker will be limited to four (4) continuous minutes of comment on the
consent calendar as a whole.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Noelani Middenway, District Clerk & Public Information Officer
Date: July 24, 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 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 with the complete agenda packet for the July 24, 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.pdf (828 KB)
Subject 5. Approve the Directors' Compensation and Reimbursement of Expenses
Meeting Jul 24, 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.
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All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived
and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on
the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as
a whole.
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C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to
be routine and may be acted upon by one motion after public comment has been
received. Only Board of Directors may pull an item for discussion. Reading of
resolutions is waived and they will be adopted and numbered. Now is the time for
those in the audience who wish to speak to items listed on the consent calendar.
Each speaker will be limited to four (4) continuous minutes of comment on the
consent calendar as a whole.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Sean Phan, Associate Accountant
Date: July 24, 2023
Subject: Approve Payroll Transparency Disclosure for June 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 Section21000 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 July 24, 2023 Board of Directors Regular meeting at
District Headquarters and posted on the District's website www.cmsdca.gov.
Subject 6. Approve Payroll Transparency Disclosure for June 2023
Meeting Jul 24, 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.
Goals 8.0 Finance
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Alternative Actions
Refer item back to staff with further instructions.
File Attachments
Payroll Transparency Disclosure June 2023.pdf (171 KB)
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived
and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on
the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as
a whole.
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C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to
be routine and may be acted upon by one motion after public comment has been
received. Only Board of Directors may pull an item for discussion. Reading of
resolutions is waived and they will be adopted and numbered. Now is the time for
those in the audience who wish to speak to items listed on the consent calendar.
Each speaker will be limited to four (4) continuous minutes of comment on the
consent calendar as a whole.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Marissa Pereyda, Management Analyst II
Date: July 24, 2023
Subject: Approve the occupancy count of 23,097 and direct staff to prepare a warrant to CR&R Environmental Services for
$246,068.51 for June 2023 solid waste collection services
Summary
The District's monthly payment to CR&R Environmental Services (CR&R) for solid waste collection services is calculated by multiplying the set
occupancy rate by the occupancy count, approved each month by the Board of Directors. The current occupancy rate is $10.6537 and the June
2023 occupancy count presented to the Board of Directors is 23,097, for a total payment of $246,068.51.
Recommendation
That the Board of Directors:
1. Approve the occupancy count of 23,097; and
2. Direct staff to prepare a warrant to CR&R Environmental Services for $246,068.51 for June 2023 solid waste collection services to be ratified
with the July 2023 warrant register.
Analysis
The occupancy count is the number of living units in the District's jurisdiction receiving solid waste collection services. The occupancy rate set by
the First Amendment to the Agreement Between Costa Mesa Sanitary District and CR&R Incorporated approved by the Board of Directors on
January 27, 2023, is $10.6537. The District pays CR&R $10.6537 per occupant, per month for solid waste collection services. The occupancy
count is increased or decreased monthly for new residential developments and demolitions.
As of June 30, 2023, the District occupancy count was 23,097 with 2 new accounts added since the last billing period. District staff will continue
to track the number of new service addresses.
The District's payment to CR&R is calculated by multiplying the occupancy count by the occupancy rate. For June 2023, the payment is
calculated as follows.
Occupancy Count Occupancy Rate District's Payment to CR&R
23,097 x $10.6537 = $246,068.51
Legal Review
Not Applicable
Subject 7. Approve the occupancy count of 23,097 and direct staff to prepare a warrant to
CR&R Environmental Services for $246,068.51 for June 2023 solid waste
collection services
Meeting Jul 24, 2023 - Board of Directors Regular Meeting
Access Public
Type
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Environmental Review
Consideration of the occupancy count is an administrative matter and not a disturbance of the environment, such as grading or construction, and
is not a project under CEQA or the District's CEQA Guidelines.
Financial Review
Sufficient funds are available in the adopted budget.
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the July 24, 2023, Board of Directors Regular Meeting at
District Headquarters and posted on the District's website.
Alternative Actions
Refer item back to staff with further instructions.
File Attachments
occupancy_report_2023_06.pdf (86 KB)
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C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to
be routine and may be acted upon by one motion after public comment has been
received. Only Board of Directors may pull an item for discussion. Reading of
resolutions is waived and they will be adopted and numbered. Now is the time for
those in the audience who wish to speak to items listed on the consent calendar.
Each speaker will be limited to four (4) continuous minutes of comment on the
consent calendar as a whole.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Marissa Pereyda, Management Analyst II
Date: July 24, 2023
Subject: Approve the preparation of a warrant to CR Transfer for $214,660.90 in the July 2023 warrant register for June 2023 recycling
and disposal services.
Summary
The District pays CR Transfer monthly for the sorting of recyclables from mixed waste and landfill disposal of the remaining waste. With the
implementation of the Organics Recycling Program adopted by the Board, this payment also includes the diversion of organic waste to an
anaerobic digestion facility to be recycled into compost or renewable natural gas to fuel the solid waste collection trucks.
Recommendation
That the Board of Directors approve the preparation of a warrant to CR Transfer in the amount of $214,660.90 in the July 2023
warrant register for June 2023 recycling and disposal services.
Analysis
The following chart outlines the total tonnage and payments due for residential and organic waste collected in Costa Mesa and Newport Beach.
Type of Waste Invoice No.Tonnage Rate Amount Billed
Residential Waste - Newport Beach 44796 70 $56.52 $3,956.41
Residential Waste - Costa Mesa 44795 2,474.85 $56.52 $139,878.55*
Total Residential Waste $143,834.96
Organics Recycling 44830 910.71 $77.77 $70,825.94*
Total Organics $70,825.94
Grand Total $214,660.90
*Due to weight ticket calculation rounding, some invoice totals may be off by a few cents.
Legal Review
Not Applicable
Environmental Review
Consideration of the CR Transfer warrant is an administrative matter and not a disturbance of the environment, such as grading or construction,
and is not a project under CEQA or the District's CEQA Guidelines.
Subject 8. Approve the Preparation of a Warrant to CR Transfer for $214,660.90 in the
July 2023 Warrant Register for June 2023 Recycling and Disposal Services
Meeting Jul 24, 2023 - Board of Directors Regular Meeting
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Type
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Financial Review
Sufficient funds are available in the adopted budget.
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the July 24, 2023, Board of Directors Regular Meeting at
District Headquarters and posted on the District's website.
Alternative Action
Refer item back to staff with further instructions.
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C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to
be routine and may be acted upon by one motion after public comment has been
received. Only Board of Directors may pull an item for discussion. Reading of
resolutions is waived and they will be adopted and numbered. Now is the time for
those in the audience who wish to speak to items listed on the consent calendar.
Each speaker will be limited to four (4) continuous minutes of comment on the
consent calendar as a whole.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Marissa Pereyda, Management Analyst II
Date: July 24, 2023
Subject: Receive and File the June 2023 Organics Tonnage Report
Summary
A total of 910.71 tons of organic waste were collected in June 2023.
Recommendation
That the Board of Directors receive and file this report.
Analysis
The chart below outlines total organics tonnage collected from the organics program and how much material was recycled and landfilled. A graph
depicting the total tonnage of organic waste collected during each month of the last five fiscal years is included as Attachment B.
Fiscal Year 2022-23
Month Recycled Landfilled Total Collected
July 786.94 37.98 824.92
August 804.42 38.83 843.25
September 736.22 35.54 771.76
October 777.64 37.53 815.17
November 720.77 34.79 755.56
December 608.71 29.38 638.09
January 666.17 32.15 698.32
February 614.16 29.64 643.8
March 720.55 34.78 755.33
April 807.36 38.97 846.33
May 904.25 42.50 947.90
June 868.78 41.93 910.71
Subject 9. Receive and File the June 2023 Organics Tonnage Report
Meeting Jul 24, 2023 - Board of Directors Regular Meeting
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Type
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Legal Review
Not applicable.
Environmental Review
Consideration of the Organics Tonnage Report is an administrative matter and not a disturbance of the environment, such as grading or
construction, and is not a project under CEQA or the District's CEQA Guidelines.
Financial Review
Not applicable.
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the July 24, 2023, Board of Directors Regular Meeting at
District Headquarters and posted on the District's website.
Alternative Action
Refer item back to staff with further instructions.
Attachments
Attachment A - Organics Chart
Attachment B - Organics Tonnage Graph
File Attachments
organics_tonnage_chart.pdf (72 KB)
organics_tonnage_graph.pdf (214 KB)
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C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to
be routine and may be acted upon by one motion after public comment has been
received. Only Board of Directors may pull an item for discussion. Reading of
resolutions is waived and they will be adopted and numbered. Now is the time for
those in the audience who wish to speak to items listed on the consent calendar.
Each speaker will be limited to four (4) continuous minutes of comment on the
consent calendar as a whole.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Marissa Pereyda, Management Analyst II
Date: July 24, 2023
Subject: Receive and File the June 2023 Solid Waste Diversion Report
Summary
A total of 2,143.93 tons of solid waste was collected and recycled in June 2023.
Recommendation
That the Board of Directors receive and file this report.
Analysis
A total of 2,143.93 tons of solid waste was collected and recycled in June 2023.
For the current fiscal year to date, a total of 23,847.61 tons of solid waste has been recycled and the District's diversion rate is 61%. Attachment
A provides a tonnage summary for that past twenty fiscal years.
Legal Review
Not applicable.
Environmental Review
Consideration of the Solid Waste Diversion Report is an administrative matter and not a disturbance of the environment, such as grading or
construction, and is not a project under CEQA or the District's CEQA Guidelines.
Financial Review
Not applicable.
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the July 24, 2023, Board of Directors Regular Meeting at
District Headquarters and posted on the District's website.
Alternative Action
Refer item back to staff with further instructions.
Attachments
Attachment A - Tonnage Summary
File Attachments
tonnage_summary.pdf (285 KB)
Subject 10. Receive and File the June 2023 Solid Waste Diversion Report
Meeting Jul 24, 2023 - Board of Directors Regular Meeting
Access Public
Type
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C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to
be routine and may be acted upon by one motion after public comment has been
received. Only Board of Directors may pull an item for discussion. Reading of
resolutions is waived and they will be adopted and numbered. Now is the time for
those in the audience who wish to speak to items listed on the consent calendar.
Each speaker will be limited to four (4) continuous minutes of comment on the
consent calendar as a whole.
Subject 11. Receive and File June 2023 Contracts Signed by the General Manager
Meeting Jul 24, 2023 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Fiscal Impact No
Budgeted Yes
Recommended
Action
That the Board of Directors receive and file this report
Goals 6.0 Administrative Management
To: Board of Directors
From: Scott Carroll, General Manager
Date: July 24, 2023
Subject: Receive and File June 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 June 2023.
Recommendation
That the Board of Directors receive and file this report.
Analysis
The following contracts were signed by the general manager in June 2023.
Contract:
1. Eco Partners, Inc. – Fourth amendment to extend original agreement for the compilation and distribution of quarterly newsletter publications.
Cost: $40,592
2. Tripepi Smith - Communication and outreach work regarding SB 1383. Cost: $74,976
Purchase Order:
1. Carbon Continental Group – Carbon canisters for odor control at pump stations. Cost: $5,603
2. Azteca systems, LLC Cityworks - Licensing software for wastewater work order system. Cost: $28,600
3. Xerox - Renting two print/copy machines. Cost: $2,604
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
There is adequate funding in the budget to perform the contract services mentioned above.
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Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the July 24, 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.
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E. GENERAL MANAGER'S REPORTS
To: Board of Directors
From: Scott Carroll, General Manager
Date: July 24, 2023
Subject: Receive and File 2020-25 Strategic Plan Progress Report - FY 2022-23 Fourth 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 October 23, 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 125 Strategic Goals to achieve and/or
implement in the next five years compared to 48 strategic goals in the FY 2015-20 Strategic Plan. A total of 63 goals have been completed by
the 4th quarter of FY 2022-23, and 46 goals are in progress. 12 goals have not started due to unforeseen and/or uncontrolled circumstances.
For instance, incorporating city storm drain maps into the Computerized Maintenance Management System (CMMS) has not started because
the City of Costa Mesa is in the process of developing and approving a new storm drain master plan. Updating the district's standard drawings
and plans and reviewing fixture and plan check fees will be performed in FY 2023-24. Four goals were discontinued to costs, or unforeseen
circumstances. For instance, The American flag disposal program was discontinued because The Boys Scouts stopped collecting the flags.
Recognizing students who model good recycling practices was discontinued because of the cost with the county's Project Zero Waste Program
and the Discovery Center's Eco Challenge.
Legal Review
Not applicable
Environmental Review
Subject 1. Receive and File 2020-25 Strategic Plan Progress Report - FY 2022-23 Fourth
Quarter
Meeting Jul 24, 2023 - Board of Directors Regular Meeting
Access Public
Type Action
Fiscal Impact Yes
Budgeted Yes
Recommended
Action
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
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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
Copies of this report are on file and will be included with the entire agenda packet for the July 24, 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 4th Qtr.xlsx (94 KB)
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E. GENERAL MANAGER'S REPORTS
To: Board of Directors
Via: Scott Carroll, General Manager
From: Kaitlin Tran, Finance Manager
Date: July 24, 2023
Subject: Receive and File the Preliminary Fourth Quarter Budget Review of FY 2022-23.
Summary
This report serves as a summary of the Districts revenues and expenditures through June 30, 2023, with the understanding the fiscal year (FY)
numbers won't be final until the annual audit is complete later this calendar year.
Recommendation
That the Board of Directors Receive and File the Preliminary Fourth Quarter Budget Review of FY 2022-23.
Analysis
Solid Waste & General Funds Revenue- The total Solid Waste and General Funds revenue budget for FY 2022-23 is $7,023,600. As of June 30,
2023, the District received $7,048,717 in revenue. The District received more revenues than expected from property taxes and investment
earnings.
Solid Waste Fund Expenditure- The Solid Waste fund has an amended budget of $7,234,329. As of June 30, 2023, a total of 90% of the Solid
Waste budget was expended. Staff anticipates budgetary savings of $568,800 after all invoices are paid for the FY. The savings is mainly from
Maintenance/Operations.
Wastewater Fund Revenue- The total Wastewater Fund revenue budget for FY 2022-23 is $7,292,500. As of June 30, 2023, the District
received $7,151,148 in revenue. The District received 99% of the annual charges revenue and more than expected in Investment Earnings.
However, Charges for Services, Sewer Permits, Inspection Fees, and Other Non-Operating revenues did not meet the expected revenue
budgets by 38% on June 30, 2023.
Wastewater Fund Expenditure- The Wastewater fund has an amended budget of $5,856,068 (excluding CIP). As of June 30, 2023, a total of
85% of the Wastewater Funds operating budget has been expended. Staff anticipates budgetary savings of $539,000 after all invoices are paid.
The Capital Improvement Projects (CIP) are projected to be within budget. Staff will request the Board of Directors to carry over the incomplete
projects and balances at a later meeting.
Please see the attached report for a more detailed analysis.
Legal Review
Not applicable.
Environmental Review
Subject activity is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et.
seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures to list those specific activities which fall within each of
the exempt classes, and the District has adopted CEQA Guidelines and Implementing Procedures that state on page 6 Projects does not
include. C. Continuing administrative or maintenance activities.
Subject 2. Receive and File the Preliminary Fourth Quarter Budget Review of FY 2022-23
Meeting Jul 24, 2023 - Board of Directors Regular Meeting
Access Public
Type Receive and File
Goals 8.0 Finance
8.3 Finance - Forecast revenues and expenditures
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Financial Review
See attached report.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the July 24, 2023 Board of Directors regular meeting at
District Headquarters and on District website at www.cmsdca.gov.
Alternative Actions
Refer the matter back to staff for additional information.
File Attachments
A-FY2022-23 Preliminary Fourth Quarter Budget Analysis.pdf (455 KB)
B - Expenditure Analysis FY2022-23 Q4.pdf (155 KB)
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E. GENERAL MANAGER'S REPORTS
To: Board of Directors
From: Scott Carroll, General Manager
Date: July 24, 2023
Subject: Receive and File 2023 Performance Measurement Report - 2nd Quarter, (January - June) Calendar Year
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. The outcome data
reflected in the attached report is for six months (January to June 2023).
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".
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 July 24, 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.
Subject 3. Receive and File 2023 Performance Measurement Report - 2nd Quarter,
(January - June) Calendar Year
Meeting Jul 24, 2023 - Board of Directors Regular Meeting
Access Public
Type Action
Fiscal Impact Yes
Budgeted Yes
Recommended
Action
That the Board of Directors receive and file this report.
Goals 6.0 Administrative Management
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File Attachments
2023 2nd Qtr (Jan-June).pdf (785 KB)
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F. ENGINEER'S REPORTS
To: Board of Directors
From: Mark Esquer, District Engineer
Date: July 24, 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-
April to mid-May. The District Engineer's memorandum and Monthly Financial 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 June 26, 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 07 Monthly Engineers Report CMSD Memorandum.pdf (190 KB)
2023-07 Financial Section for CIP Updates.pdf (87 KB)
Subject 1. Receive and File the District Engineer's Report and Capital Improvement
Projects Status
Meeting Jul 24, 2023 - Board of Directors Regular Meeting
Access Public
Type Action, Discussion
Preferred Date Jul 24, 2023
Fiscal Impact No
Budgeted Yes
Budget Source CMSD Operating Budget
Recommended
Action
The Board of Directors receive and file the Engineer's Report.
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2023 07 Monthly Engineers Report CMSD Memorandum.docx (77 KB)
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F. ENGINEER'S REPORTS
To: Board of Directors
From: Mark Esquer, District Engineer
Date: July 24, 2023
Subject: Adopt CEQA Determination, Consider Approving a Budget Adjustment to 342 HQ Landscaping Renovation from Budget 334
Gisler Forcemain, Awarding a Contract to Urban Habitat, Inc., and Approving a Contingency
Summary
The project work generally consists of rejuvenating the Headquarters landscaping, including clearing and grubbing the existing softscape,
removing/replacing the old irrigation, minor re-grading for the landscape area, installing a rainwater capture system, and installing drought
tolerant plants, along with the installation of degraded granite, rocks, and gravel.
One bid was received on June 21, 2023, in the amount of $368,999. The Architect's estimate for this project is $397,000.
The bid documents requested prices for four (4) optional work items not considered in the base bid. The optional/additional items included
removing the eucalyptus trees on Redhill, removing the rusty-leaf figs on Paularino Avenue, removing the old/existing monument sign, and
installing light fixtures and wiring for the building facade and trees. District staff recommend including optional items #1, light fixtures and wiring
in the amount of $16,957 and optional item #2 remove existing monument sign and footing in the amount of $3,874 for a total award of
$389,830.
Recommendation
That the Board of Directors:
1. Adopt the 342 HQ Landscaping Renovation project as Categorically Exempt per the California Environmental Quality Act (CEQA) Section
15302, Class 2 and 4; and
2. Approve a Budget Adjustment to Transfer $164,000 from 334 Gisler Forcemain Replacement Project to the 342 Landscaping Renovation
budget; and
3. Award a contract to the lowest responsive and responsible bidder, Urban Habit, Inc., in the amount of $389,830; and
4. Approve a 10% contingency in the amount of $38,983.
Subject 2. Adopt CEQA Determination, Consider Approving a Budget Adjustment to 342 HQ
Landscaping Renovation from Budget 334 Gisler Forcemain, Awarding a Contract
to Urban Habitat, Inc., and Approving a Contingency
Meeting Jul 24, 2023 - Board of Directors Regular Meeting
Access Public
Type Action, Discussion, Presentation
Preferred Date Jul 24, 2023
Fiscal Impact No
Dollar Amount $428,813.00
Budgeted Yes
Budget Source Project 342 and 334 CIP Budgets
Recommended
Action
1. Adopt the 342 HQ Landscaping Renovation project as Categorically Exempt per the
California Environmental Quality Act (CEQA) Section 15302, Class 2 and 4; and
2. Approve a Budget Adjustment to Transfer $164,000 from 334 Gisler Forcemain
Replacement Project to the 342 HQ Landscape Renovation Project; and
3. Award a contract to the lowest responsive and responsible bidder, Urban Habitat, Inc. in
the amount of $389,830; and
4. Approve a 10% contingency in the amount of $38,983.
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Analysis
The landscaping associated with the District Headquarter Building was water intensive and requires replacement. In addition, District staff was
having pipe breaks and issues with the old irrigation system. The District staff have recommended that xeriscaping be installed along with
meeting current landscaping requirements. District staff and the Citizen Advisory Committee recommend that the following best practice items
also be incorporated into the design:
Reduce urban runoff water and increase underground water capture by installing bioswale and/or rain capturing/harvesting system. A
bioswale made to look like a natural creek with rocks and plants is a beautiful addition to the landscape project, will intercept the water,
and direct it to a soil infiltration system. Excess rainfall will overflow to the street.
Doubling the number of trees will help improve air quality and reduce carbon dioxide (CO2). Ten existing trees will be removed and
replaced with twenty-six trees. Trees absorb CO2, removing and storing the carbon while releasing oxygen back into the air. Trees also
absorb odors and pollutant gases (nitrogen, oxides, ammonia, sulfur dioxide and ozone) and filter particulates out of the air by trapping
them on their leaves and bark. The City has reviewed the planting plan.
An aesthetic pleasing looking landscape that will include water conservation measures to assist avoiding water shortages during severe
drought conditions.
Staff worked with the landscape architect to remove items and reduce construction costs. As an example, the initial
landscaping plan included sidewalks along the street, a upgraded replacement driveway, and ADA upgrades. Removing the
sidewalk and driveway approach eliminated the ADA upgrade requirement and reduced the construction costs by over
$100,000. In addition, District staff worked with the City to remove the trees on Paularino, saving about $2,000, and worked
with Edison to remove four large trees on Redhill saving almost $7,500.
Legal Review
District Counsel has reviewed the contracts and approved to form.
Environmental Review
The proposed rehabilitation project is consistent with State Guidelines and is categorically exempt under the California Environmental Quality Act
(CEQA) (Public Resources Code Section 21000 et. seq.) under Section 15302, Class 2 and Class 4.
The project is also consistent with Class 4 which provides for minor alteration to land. This includes but is not limited to Class 4 (a) for grading on
land with a slope of less than 10 percent and 4 (c) for new gardening or landscaping. The project is consistent with Section 15302 Class 2 which
provides for replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the
structure replaced and will have substantially the same purpose and capacity as the structure replaced. This includes but is not limited to Class 2
(c) for replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity.
Financial Review
As of June 30, 2023, project $342, HQ Drought Tolerant Landscaping, has a balance of $279,721 (including encumbrance). Staff
will request the Board of Directors to carryover the available budget balance to FY 2023-24 at the October 2023 Board
meeting.
Project 334 Gisler Forcemain Replacement has a budget of $480,000 in FY 2023-24 (not including carryover from FY 22-23). The District staff is
recommending a $164,000 budget adjustment transfer from the Project 334 Gisler Forcemain Replacement budget to the 342 HQ Landscape
Renovation project for providing funds to proceed with construction. The total construction cost for this project phase is $443,721, including a
contingency ($38,983) and construction administration costs ($14,908). There is adequate funding for this project.
Account Description
Account No.
FY 2023-24 Balance Before Adjustment
(Excluding carryover from FY 22-23)Increase/(Decrease)FY 2023-24Total
Ending Balance
Gisler FM Replacement 20-201334-4300 $480,000 ($164,000)$316,000
HQ Drought Tolerant
Landscaping 20-201342-4300 $0 $164,000 $164,000
Account
Description
Account No.
FY 2022-23 Available Balance as of
June 30, 2023 (With Encumbrance)
Gisler FM
Replacement 20-201334-4300 $363,960
HQ Landscaping
Renovation 20-201342-4300 $279,721
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Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the July 24, 2022 Board of Directors meeting at District
Headquarters and posted on the District's website at www.cmsdca.gov
Alternative Actions
1. Reject all bids and direct staff to solicit bids again.
2. Refer the matter back to staff for additional information.
Administrative File Attachments
2023 07 BOD Project 342 HQ Landscaping Presentation.pptx (25,119 KB)
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F. ENGINEER'S REPORTS
To: Board of Directors
From: Mark Esquer, District Engineer
Date: July 24, 2023
Subject: Adopt CEQA Determination, Release Bonadiman Water, Inc., from thier Bid, Award a Contract to GCI Construction, Inc., and
Approve a Contingency
Summary
The project work generally consists of replacing the emergency bypass on the Elden forcemain to accommodate emergency lay-flat bypass
hoses, replacing the two wetwell hatches, and installing a concrete slab on the northwesterly side of the standby pump building. street. Two bids
were received on May 18, 2023, in the amount of $317,000 and $368,999, from Bonadiman Water and GCI Construction, respectively. The
Engineer's estimate for this project is $120,000. .
Based on the higher than anticipated bids and available budget, the District reviewed the project scope of work and removed some items not
directly required to install the replacement emergency bypass connections. Three items were removed: Bid Items #4, #5, and #7. Bid Items #4,
#5, and #7 consist of installing a redundant emergency connection, replacement of the main wetwell hatch, and installing a concrete pad next to
the station. The cost reduction associated with these items is $106,000 for the Bonadiman bid and $113,000 for the GCI bid.
Bonadiman Water requested to be released from the reduced bid, as they did not want to proceed with the reduced contract scope of work. GCI
was approached with the same scope of work reductions and accepted the project with reduced scope of work.
Based on the reduced scope of work, District staff recommend releasing Bonadiman Water, Inc., for their bid and awarding a contract to GCI, in
the amount of $204,000.
Recommendation
That the Board of Directors:
1. Adopt the 343 Elden Emergency Bypass project as Categorically Exempt per the California Environmental Quality Act (CEQA) Section 15302,
Class 2; and
2. Release Bonadiman Water, Inc. from their bid; and
3. Award a contract to the second lowest responsive and responsible bidder, GCI Construction, Inc. in the amount of $204,000; and
4. Approve a 10% contingency in the amount of $20,400.
Subject 3. Adopt CEQA Determination, Release Bonadiman Water, Inc. from their Bid,
Award a Contract to GCI Construction, Inc., and Approve a Contingency
Meeting Jul 24, 2023 - Board of Directors Regular Meeting
Access Public
Type Action, Discussion, Presentation
Preferred Date Jul 24, 2023
Fiscal Impact No
Dollar Amount $263,160.00
Budgeted Yes
Budget Source 343 Elden Emergency Bypass
Recommended
Action
1. Adopt the 343 Elden Emergency Bypass project as Categorically Exempt per the
California Environmental Quality Act (CEQA) Section 15302, Class 2; and
2. Release Bonadiman Water, Inc. from their Bid; and
3. Award a contract to the second lowest responsive and responsible bidder, GCI
Construction, Inc. in the amount of $204,000; and
4. Approve a 10% contingency in the amount of $20,400.
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Analysis
The District has a an emergency bypass plan that generally consists on using pumper trucks to bypass the Elden pump station, should the
forcemain be damaged. Based on the emergency pumping plan, the District would need 25 pumping trucks to bypass the station. To
accommodate this many pumper trucks, the pumping trucks would be assigned to the Elden pump station, Irvine pump station, Santa Ana pump
station, and 23rd Street pump station.
he District utilized the emergency bypass pumping plan while performing one emergency project and a second project to remove the air-release
valve from the Caltrans Mesa Drive bridge. Based on the lack of available local pumper trucks and time required for the contractor(s) to
coordinate bringing pumper trucks from northern California, District staff are unsure of the reliability of the current emergency bypass plan. The
current emergency bypass plan is based on pumper trucks because the bypassing flows via temporary hoses appeared as a difficult operation to
perform.
As a result of the District experience, it was determined that both pumper trucks and bypass hoses must be used to provide additional response
and reliability for emergency operations. This proposed project will provide a backup and enhanced emergency bypass pumping plan. that
consists of initially using available pumper trucks, ordering additional pumper trucks from outside of the southern California area, and deploying
the newly purchased emergency hoses.
Legal Review
District Counsel has reviewed the contracts and approved to form.
Environmental Review
The Elden pump station piping modification does not increase the capacity of the existing pump station or forcemain. It provides for increased
reliability should the existing forcemain become disabled. Installing replacement piping and appurtenance 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..
Financial Review
The project construction activities will require $263,160, including construction contract, a 10% contingency, construction administration costs,
and miscellaneous construction services (like soil compaction testing). The available 342 Project funds, with encumbrance and after the budget
adjustment, is $287,630, as of June 30, 2023. So the proposed construction costs fall within the available project budget. The
construction contract, construction contingency, construction administration/inspection costs, and a small budget for miscellaneous construction
services are $204,000, $20,400, $20,400, $18,360, respectively.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the July 24, 2022 Board of Directors meeting at District
Headquarters and posted on the District's website at www.cmsdca.gov
Alternative Actions
1. Reject all bids and direct staff to solicit bids again.
2. Refer the matter back to staff for additional information.
File Attachments
343 Emergency Bypass GCI Contract.pdf (11,478 KB)
2023 07 BOD Project 343 Elden PS Emergency Bypass Presentation.pdf (5,957 KB)
Administrative File Attachments
2023 07 BOD Project 343 Elden PS Emergency Bypass Presentation.pptx (23,813 KB)
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F. ENGINEER'S REPORTS
To: Board of Directors
From: Mark Esquer, District Engineer
Date: July 24, 2023
Subject: Consider Adopting Ordinance No. 137 Changing the Authority to Award Contracts and Making Other Clarifications and
Revising Chapters 4.04 and 4.06
Summary
District staff propose a change to the No Bidding Requirement from $5,000 to $15,000. This change will provide for increased purchasing
authority to address increases in materials, equipment, and resource cost(s) over the past couple of decades. This proposed No-Bidding limit
increase will also reduce certain costs associated with specification development (plans and specs) and decrease project delivery time.
Based on various inflation indexes, like ENR Construction costs or CPI-U Los Angeles, buying power has decreased significantly. Compared to
2000 and 2010, today costs are about 200% ($10,000) and 142% ($7,100) higher, respectively, to purchase the same $5,000 in services,
materials, and resources. In addition, specification and/or bidding document development for purchases greater than $5,000 but $15,000, or
less, impact delivery cost by an additional 20% to 100%. This is because the cost for scope of work development may cost as much or more
than the service being requested. Specifications and bidding documents must be developed to properly convey quality requirements, equipment
requirements, and ensure that bid information is provided equitably to contractors.
Orange County Sanitation District (OC San) and Irvine Ranch Water District (IRWD) No Bidding Limits are $10,000 and $32,000, respectively.
In addition to the proposed limit change, minor editorial comments and minor changes to the various limits are also being proposed. See the
limits changes in the chart provided, below.
Recommendation
That the Board of Directors adopt Ordinance No. 137.
Analysis
In 2010, the district adopted the Uniform Public Construction Cost Accounting Act (UPCCAA) procedures. Those procedures require developing
and maintaining a list of qualified contractors and the notification of those contractors of work to be done by informal and formal bidding
procedures. The district maintains a list of qualified contractors on its website. The state sets limits for informal and formal bidding procedures as
well a limit when no bids are required. The UPCCAA bidding limits are as follows:
- Public projects of $60,000 or less do not require bids. Contracts are signed by the governing body's authorized employee.
Subject 4. Consider Adopting Ordinance No. 137 Changing the Authority to Award
Contracts and Making Other Clarifications and Revising Chapters 4.04 and 4.06
Meeting Jul 24, 2023 - Board of Directors Regular Meeting
Access Public
Type Action, Discussion
Preferred Date Jul 24, 2023
Fiscal Impact No
Budgeted Yes
Recommended
Action
That the Board of Directors adopt Ordinance No. 137
Goals 6.0 Administrative Management
6.3 Administrative Management - Plan periodic reviews and updates of District policies
and procedures
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- Public projects of $200,000 or less may be let to contract by informal bidding procedures. Contracts are signed by the governing body's
authorized employee.
- Public projects of more than $200,000 must be let to contract by formal bidding procedures. Contracts are signed by the governing body.
The district's purchasing policy has more stringent bidding limits than the UPCCAA allows for, as described below.
- $5,000 or less: Any purchases of $5,000 or less may be awarded by the general manager. No bids are required.
- $5,001 - $30,000: If practical, staff must try to obtain at least three (3) bids. Notice inviting bids are not required. The general manager is
authorized to sign contacts.
- $30,001 - $125,000: Informal bidding procedures shall be used. The general manager is authorized to sign contracts.
- $125,001 and greater: Formal bidding procedures shall be used. The Board of Directors will approve and sign contracts.
Staff is recommending an increase in the no bid limits in order to provide for faster and less expensive services, equipment, materials, and/or
resource delivery. Adoption of the proposed No Bidding Requirement increase would allow the General Manger's authority to award material,
services, equipment, and/or resources of less than $15,000, without bidding. The current limit is $5,000.
In addition to increasing the "No Bid" Limit, District staff is recommending some minor changes to the purchasing cost limits for the other bidding
procedures, see chart below:
Procedure Current Limit(s)Proposed Limit(s)Notes/Comments
No Bid $5,000 or Less Less Than $15,000
Direct Bidding $5,001 to $30,000 $15,000 to less than
$30,000
Informal Bidding $30,001 to $125,000 $30,000 to less than
$125,000
Formal Bidding $125,001 and greater $125,000 and greater
As information, staff has reviewed the Consumer Price Index, Urban area, Los Angeles (CPI-U LA) and the Engineering News Record Price
Index for Construction (ENR) to understand the buying power difference over the past several years. Based on the two indexes, today it takes
between $10,454 and $9,050 to purchase what $5,000 bought in 2000 and between $6,800 and $7,400 to purchase what $5,000 bought in
2010. In addition, it takes between $2,000 and $10,000, to develop specifications and/or bidding documents, depending on the type and
complexity of procurement. These delivery costs would be saved or reduce for procurements between $5,000 and $15,000. Delivery of the
procurements would also be expedited. As an example, the District would save between 2 and 4 weeks by not developing specifications, bidding
documents, bidding, and accepting bids.
Over the past 12 months, the District issued twenty three (23) Purchase Orders (PO) of $5,000, or less, and an additional twelve (12) POs
between $15,000 to $5,001. Approving the staff recommended No Bidding Requirement limit would increase the non-bid POs by an estimated
50%.
Legal Review
Legal Counsel will reviewed, edited and approved the attached ordinance.
Environmental Review
The consideration of modifying bid limits is an administrative matter and not a disturbance of the environment similar to grading or construction
and does not constitute a project under CEQA or the District's CEQA Guidelines.
Financial Review
There is no anticipated financial impact to the District for adopting the staff recommended change. The cost to deliver services, materials,
equipment, among other resources between $5,001 and $10,000 may actually decrease and delivery time reduced.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the July 24, 2023 Board of Directors study session at
District Headquarters (290 Paularino Avenue) and posted on the District's website at www.cmsdca.gov.
Alternative Actions
1. Do not approve approve Ordinance No. 137 and direct staff to report back with more information.
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2. Propose and adopt alternate limits to the No Bid purchasing limits.
File Attachments
alan's revision to purch ordin.docx (106 KB)
ord_137.pdf (246 KB)
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G. TREASURER'S REPORTS
To: Board of Directors
From: Marc Davis, District Treasurer
Date: July 24, 2023
Subject: Approve the Investment Report for the Month of June 2023
Summary
Attached is the Investment Report for the month of June 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 June 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 June 30, 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 June 30, 2023, was 2.061%. The yield to
maturity of the portfolio was 2.059%. The District's weighted average interest rate was 120 basis points (1.199%) below the LAIF rate of 3.260%
as of June 30, 2023. The weighted average number of days to maturity for the District's total portfolio was 626 days (1.72 years). The duration of
the underlying securities in LAIF as of June 30, 2023 was 260 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 June 30, 2023 was 37.51%. 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.
Undesignated - Remaining available cash, which is currently used for rate stabilization and payment of organics recycling costs.
Wastewater Fund:
Subject 1. Approve the Investment Report for the Month of June 2023
Meeting Jul 24, 2023 - Board of Directors Regular Meeting
Access Public
Type Action
Recommended
Action
That the Board of Directors approve the Investment Report for the month of June 2023.
Goals 7.0 Finance
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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 June 30, 2023, the portfolio has
earned a weighted average interest rate of 1.567%.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the July 24, 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 - June 2023.pdf (431 KB)
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I. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is
required to be given by a Director for any meeting for which expense reimbursement
of any kind is provided. Note: For meetings for which the per diem compensation is
sought, the Operations Code provides that such compensation is authorized for each
days 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 Jul 24, 2023 - Board of Directors Regular Meeting
Access Public
Type
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I. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is
required to be given by a Director for any meeting for which expense reimbursement
of any kind is provided. Note: For meetings for which the per diem compensation is
sought, the Operations Code provides that such compensation is authorized for each
days 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 Jul 24, 2023 - Board of Directors Regular Meeting
Access Public
Type
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I. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is
required to be given by a Director for any meeting for which expense reimbursement
of any kind is provided. Note: For meetings for which the per diem compensation is
sought, the Operations Code provides that such compensation is authorized for each
days 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 Jul 24, 2023 - Board of Directors Regular Meeting
Access Public
Type
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I. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is
required to be given by a Director for any meeting for which expense reimbursement
of any kind is provided. Note: For meetings for which the per diem compensation is
sought, the Operations Code provides that such compensation is authorized for each
days 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 Jul 24, 2023 - Board of Directors Regular Meeting
Access Public
Type
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I. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is
required to be given by a Director for any meeting for which expense reimbursement
of any kind is provided. Note: For meetings for which the per diem compensation is
sought, the Operations Code provides that such compensation is authorized for each
days 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 Jul 24, 2023 - Board of Directors Regular Meeting
Access Public
Type
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I. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is
required to be given by a Director for any meeting for which expense reimbursement
of any kind is provided. Note: For meetings for which the per diem compensation is
sought, the Operations Code provides that such compensation is authorized for each
days 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 Jul 24, 2023 - Board of Directors Regular Meeting
Access Public
Type
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L. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS
Subject 1. Oral Communications and Director Comments
Meeting Jul 24, 2023 - Board of Directors Regular Meeting
Access Public
Type Discussion
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O. CLOSING ITEMS
The next regular meeting of the Costa Mesa Sanitary District Board of Directors will be held at 4:30 p.m. on Monday, August 21, 2023 in the
District's Boardroom, located at 290 Paularino Avenue, Costa Mesa, CA 92626.
Subject 1. Adjourn
Meeting Jul 24, 2023 - Board of Directors Regular Meeting
Access Public
Type Procedural