2023_09_25_board9/21/23, 4:08 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#1/3
Monday, September 25, 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.
9/21/23, 4:08 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#2/3
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 August 8, 2023
3. Approve the Board of Directors Regular Meeting Minutes of August 21, 2023
4. Warrant Resolution No. CMSD 2024-03 Approving District Warrant Registers
5. Approve the Directors' Compensation and Reimbursement of Expenses
6. Approve Payroll Transparency Disclosure for August 2023
7. Approve the Occupancy Count of 23,097 and Direct Staff to Prepare a Warrant to CR&R Environmental Services for
$258,372.28 for August 2023 Solid Waste Collection Services and $12,303.77 for the Difference Between the Old and New
Occupancy Rate for July 2023 Solid Waste Collection Services
8. Approve the Preparation of a Warrant to CR Transfer for $207,480.65 in the September 2023 Warrant Register for July
2023 Recycling and Disposal Services
9. Adopt Resolution No. 2023-987 Ordering that Publication of Ordinance No. 137 has Occurred
10. Receive and File the July 2023 Organics Tonnage Report
11. Receive and File the July 2023 Solid Waste Diversion Report
12. Receive and File August 2023 Contracts Signed by the General Manager
D. PUBLIC HEARINGS
E. GENERAL MANAGER'S REPORTS
1. Board of Directors Term Limits
F. ENGINEER'S REPORTS
1. Receive and File the District Engineer's Report and Capital Improvement Projects Status
2. Project 330 Westbluff Pump Station Rehabilitation: Adopt CEQA Determination, Award a Contract to GCI Construction,
Inc., and Approve a Contingency of 10 Percent
3. Project 341 Elden Forcemain Redundancy: Techite Pipe Evaluation Change Order Approval
G. TREASURER'S REPORTS
H. ATTORNEY'S REPORTS
9/21/23, 4:08 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#3/3
I. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is required to be given by a
Director for any meeting for which expense reimbursement of any kind is provided. Note: For meetings for which
the per diem compensation is sought, the Operations Code provides that such compensation is authorized for
each day’s service rendered as a Director at the request of the Board (not to exceed six days in one
month), and certain meetings are specified as being eligible as set forth in District Operations Code §
3.01.030. For meetings not so listed, the Board must approve the service for it to be eligible for the
per day compensation.
1. Orange County Sanitation District (OCSD) - (Vice Secretary Ooten)
2. Santa Ana River Flood Protection Agency (SARFPA) - (Secretary Perry)
3. Independent Special Districts of Orange County (ISDOC) - (Vice President Schafer)
4. California Special Districts Association (CSDA) - (Vice President Schafer)
5. Special District Risk Management Authority (SDRMA) - (President Scheafer)
6. 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
9/21/23, 4:09 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#1/45
Monday, September 25, 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 Sep 25, 2023 - Board of Directors Regular Meeting
Access Public
Type Procedural
9/21/23, 4:09 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#2/45
A. OPENING ITEMS
Subject 2. Pledge of Allegiance - President Scheafer
Meeting Sep 25, 2023 - Board of Directors Regular Meeting
Access Public
Type Procedural
9/21/23, 4:09 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#3/45
A. OPENING ITEMS
Subject 3. Invocation - Vice President Schafer
Meeting Sep 25, 2023 - Board of Directors Regular Meeting
Access Public
Type Procedural
9/21/23, 4:09 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#4/45
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 Sep 25, 2023 - Board of Directors Regular Meeting
Access Public
Type Procedural
9/21/23, 4:09 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#5/45
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 Sep 25, 2023 - Board of Directors Regular Meeting
Access Public
Type Procedural
9/21/23, 4:09 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#6/45
A. OPENING ITEMS
Subject 6. Ceremonial Matters and Presentations
Meeting Sep 25, 2023 - Board of Directors Regular Meeting
Access Public
Type Procedural
9/21/23, 4:09 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#7/45
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 Sep 25, 2023 - Board of Directors Regular Meeting
Access Public
Type Procedural
9/21/23, 4:09 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#8/45
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 Sep 25, 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.
9/21/23, 4:09 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#9/45
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: September 25, 2023
Subject: Approve the Board of Directors Study Session Minutes of August 8, 2023
Summary
The recorded minutes of the August 8, 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 August 8, 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 September 25, 2023 Board of Directors Regular Meeting
at District Headquarters and posted on the District’s website.
Alternative Actions
1. Do not approve the meeting minutes as presented.
2. Direct staff to report back with more information.
File Attachments
Subject 2. Approve the Board of Directors Study Session Minutes of August 8, 2023
Meeting Sep 25, 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 Aug 8, 2023 - Board of Directors Study Session
9/21/23, 4:09 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#10/45
minutes_2023_08_08_ss.pdf (184 KB)
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and
they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the
consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a
whole.
9/21/23, 4:09 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#11/45
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: September 25, 2023
Subject: Approve the Board of Directors Regular Meeting Minutes of August 21, 2023
Summary
The recorded minutes of the August 21, 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 August 21, 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 September 25, 2023 Board of Directors Regular Meeting
at District Headquarters and posted on the District’s website.
Alternative Actions
1. Do not approve the meeting minutes as presented.
2. Direct staff to report back with more information.
File Attachments
Subject 3. Approve the Board of Directors Regular Meeting Minutes of August 21, 2023
Meeting Sep 25, 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 Aug 21, 2023 - Board of Directors Regular Meeting
9/21/23, 4:09 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#12/45
minutes_2023_08_21_rm.pdf (218 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.
9/21/23, 4:09 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#13/45
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: September 25, 2023
Subject: Adopt Warrant Resolution No. CMSD 2024-03 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 2024-03 approving District warrants for the month of August in the amount of
$930,534.53.
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 September 25, 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 4. Warrant Resolution No. CMSD 2024-03 Approving District Warrant Registers
Meeting Sep 25, 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 2024-03 approving District
warrants for the month of August in the amount of $930,534.53.
9/21/23, 4:09 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#14/45
File Attachments
WARRANT RESO 2024-03.pdf (208 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.
9/21/23, 4:09 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#15/45
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: September 25, 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 September 25, 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_august_2023.pdf (1,245 KB)
Subject 5. Approve the Directors' Compensation and Reimbursement of Expenses
Meeting Sep 25, 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.
9/21/23, 4:09 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#16/45
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.
9/21/23, 4:09 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#17/45
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: September 25, 2023
Subject: Approve Payroll Transparency Disclosure for August 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 September 25, 2023 Board of Directors Regular
meeting at District Headquarters and posted on the District's website www.cmsdca.gov.
Alternative Actions
Subject 6. Approve Payroll Transparency Disclosure for August 2023
Meeting Sep 25, 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
9/21/23, 4:09 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#18/45
Refer item back to staff with further instructions.
File Attachments
Payroll Transparency Disclosure August 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.
9/21/23, 4:09 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#19/45
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: September 25, 2023
Subject: Approve the Occupancy Count of 23,097 and Direct Staff to Prepare a Warrant to CR&R Environmental Services for $258,372.28
for August 2023 Solid Waste Collection Services and $12,303.77 for the Difference Between the Old and New Occupancy Rate for July
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 $11.1864 and the August
2023 occupancy count presented to the Board of Directors is 23,097, for a total payment of $258,372.28. In addition, the District's monthly payment
to CR&R for July 2023 solid waste collection services should be adjusted to account for the occupancy rate change, effective July 1, 2023.
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 $258,372.28 for August 2023 solid waste collection services to be ratified
with the September 2023 warrant register.
3. Direct staff to prepare a warrant to CR&R Environmental Services for $12,303.77 for the difference between the old occupancy rate and new
occupancy rate for July 2023 solid waste collection services to be ratified with the September 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
approved by the Board of Directors on August 21, 2023, effective July 1, 2023, is $11.1864. The District pays CR&R $11.1864 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 August 31, 2023, the District occupancy count was 23,097 with zero (0) new accounts added since the last billing period. The occupancy
count approved by the Board of Directors for July 2023 was 23,097. 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 August 2023, the payment is
calculated as follows.
Occupancy Count Occupancy Rate District's Payment to CR&R
23,097 x $11.1864 = $258,372.28
Subject 7. Approve the Occupancy Count of 23,097 and Direct Staff to Prepare a Warrant to
CR&R Environmental Services for $258,372.28 for August 2023 Solid Waste
Collection Services and $12,303.77 for the Difference Between the Old and New
Occupancy Rate for July 2023 Solid Waste Collection Services
Meeting Sep 25, 2023 - Board of Directors Regular Meeting
Access Public
Type
9/21/23, 4:09 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#20/45
On August 21, 2023, the Board of Directors directed staff to prepare a warrant to CR&R for $246,068.51 for July 2023 solid waste collection
services, calculated my multiplying the approved occupancy count of 23,097 by the occupancy rate of $10.6537. The new occupancy rate of
$11.1864 was approved by the Board of Directors on August 21, 2023, with the new rate effective July 1, 2023. With the new rate being effective
July 1, 2023, July solid waste collection services are paid to CR&R Environmental Services at the new occupancy rate. The difference between the
old rate and the new rate for July 2023 solid waste collection services is $12,303.77.
Legal Review
Not applicable.
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 FY 2023-24 budget.
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the September 25, 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
August_2023_Occupancy_Report.pdf (36 KB)
9/21/23, 4:09 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#21/45
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: September 25, 2023
Subject: Approve the Preparation of a Warrant to CR Transfer for $207,480.65 in the September 2023 Warrant Register for July 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 $207,480.65 in the September 2023 warrant
register for July 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 44869 69.33 $59.35 $4,114.75*
Residential Waste - Costa Mesa 44868 2,347.43 $59.35 $139,319.97*
Total Residential Waste $143,434.72
Organics Recycling 44903 784.30 $81.66 $64,045.93*
Total Organics $64,045.93
Grand Total $207,480.65
*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.
Financial Review
Sufficient funds are available in the adopted FY 2023-24 budget.
Subject 8. Approve the Preparation of a Warrant to CR Transfer for $207,480.65 in the
September 2023 Warrant Register for July 2023 Recycling and Disposal Services
Meeting Sep 25, 2023 - Board of Directors Regular Meeting
Access Public
Type
9/21/23, 4:09 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#22/45
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the September 25, 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.
9/21/23, 4:09 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#23/45
C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to
be routine and may be acted upon by one motion after public comment has been
received. Only Board of Directors may pull an item for discussion. Reading of
resolutions is waived and they will be adopted and numbered. Now is the time for
those in the audience who wish to speak to items listed on the consent calendar. Each
speaker will be limited to four (4) continuous minutes of comment on the consent
calendar as a whole.
RESOLUTION NO. 2023-987
RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT ORDERING THAT PUBLICATION OF
ORDINANCE NO. 137 CHANGING THE AUTHORITY TO AWARD CONTRACTS AND MAKING OTHER CLARIFICATIONS, AND REVISING
CHAPTERS 4.04 AND 4.06, HAS OCCURRED
WHEREAS, the Board of Directors on July 24, 2023 adopted Ordinance No. 137 changing the authority to award contracts and making other
clarifications, and revising chapters 4.04 and 4.06; and
WHEREAS, that Ordinance was published in the Newport Beach/Costa Mesa Daily Pilot on August 24, 2023; and
WHEREAS, Health and Safety Code Section 6490 provides that an order of the Board that publication has occurred is conclusive evidence that
publication has properly been made;
NOW, THEREFORE, the Board of Directors does hereby resolve:
That it is hereby ordered and decreed that publication of Ordinance No. 137 changing the authority to award contracts and making other
clarifications, and revising chapters 4.04 and 4.06, has occurred.
PASSED and ADOPTED on this day of 2023.
_______________________________ _______________________________
Secretary, Costa Mesa Sanitary District President, Costa Mesa Sanitary District
Board of Directors Board of Directors
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
Subject 9. Adopt Resolution No. 2023-987 Ordering that Publication of Ordinance No. 137
has Occurred
Meeting Sep 25, 2023 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Recommended
Action
That the Board of Directors adopt Resolution No. 2023-987 ordering that publication of
Ordinance No. 137 changing the authority to award contracts and making other clarifications,
and revising chapters 4.04 and 4.06, has occurred.
9/21/23, 4:09 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#24/45
I, NOELANI MIDDENWAY, Clerk of the Costa Mesa Sanitary District, hereby certify that the above and foregoing Resolution No. 2023-987
was duly and regularly passed and adopted by said Board of Directors at a regular meeting thereof, held on the day of ______ September
2023 by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Costa Mesa Sanitary District, this ____ day of
___________________ 2023.
_________________________________
Noelani Middenway
Clerk of the Costa Mesa Sanitary District
File Attachments
Affidavit 7948517 Costa Mesa Sanitary Ord No. 137.pdf (442 KB)
resolution_2023-987_confirming_publication_ord137.docx (15 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.
9/21/23, 4:09 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#25/45
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: September 25, 2023
Subject: Receive and File the July 2023 Organics Tonnage Report
Summary
A total of 784.30 tons of organic waste were collected in July 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 recycle and landfilled. A graph
depicting the total tonnage of organic waste collected during each month of the last five fiscal years is attached to this report. All weight tickets for
the month of August have not been received and therefore said month cannot be reported in the tonnage report.
Fiscal Year 2023-24 Organics
Month Recycled Landfilled Total Collected
July 748.19 36.11 784.30
August
September
October
November
December
January
February
March
April
May
June
Legal Review
Not applicable.
Environmental Review
Subject 10. Receive and File the July 2023 Organics Tonnage Report
Meeting Sep 25, 2023 - Board of Directors Regular Meeting
Access Public
Type
9/21/23, 4:09 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#26/45
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 September 25, 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
Organics_Tonnage_Graph_July_2023.pdf (402 KB)
9/21/23, 4:09 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#27/45
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: September 25, 2023
Subject: Receive and File the July 2023 Solid Waste Diversion Report
Summary
A total of 1,959.21 tons of solid waste was collected and recycled in July 2023.
Recommendation
That the Board of Directors receive and file this report.
Analysis
A total of 1,959.21 tons of solid waste was collected and recycled in July 2023. The District's diversion rate for the month of July 2023 is 61.20%. A
tonnage summary for the past twenty fiscal years is attached to this report. All weight tickets for the month of August have not been received and
therefore said month cannot be reported in the diversion report.
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 September 25, 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
Tonnage_Summary_July_2023.pdf (282 KB)
Subject 11. Receive and File the July 2023 Solid Waste Diversion Report
Meeting Sep 25, 2023 - Board of Directors Regular Meeting
Access Public
Type
9/21/23, 4:09 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#28/45
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. Alexandro Torres (Torres Sanitation Systems Construction) – Project 341, Construction Access to Techite Force Main. September 8 , 2023
is the completion date agreed upon by each party.
Contract Sum: $42,000
2. GCI Construction, Inc. - Westbluff Pump Station Rehabilitation, Construct 4” PVC sewer lateral on Mesa Drive for air-vac drain line per
plans and specifications.
Contract Sum: Not to exceed $26,000
3. T&M Associates Consulting Engineers – Second Amendment for consulting engineering services for the Elden, Harbor, Irvine, and Santa
Ana Short Circuit Coordination Study and Arc-Flash Analysis.
Contract Sum: The District agrees to pay an additional sum of $5,464.00.
Purchase Orders:
1. Haaker Equipment Company – New Vactor 2112-18 Sewer Cleaner
Cost: $639,084.64
2. Safe Gas Services (This was signed while you were acting GM) – Hydro jetting the roof drain/vent and camera inspection for HQ.
Subject 12. Receive and File August 2023 Contracts Signed by the General Manager
Meeting Sep 25, 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: September 25, 2023
Subject: Receive and File August 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 August 2023.
Recommendation
That the Board of Directors receive and file this report.
Analysis
The following contracts were signed by the general manager in August 2023.
Contract:
th
9/21/23, 4:09 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#29/45
Cost: $1,600
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.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the September 25, 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.
9/21/23, 4:09 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#30/45
E. GENERAL MANAGER'S REPORTS
To: Board of Directors
From: Scott Carroll, General Manager
Date: September 25, 2023
Subject: Board of Directors Term Limits
Summary
On April 24, 2023, the Board of Directors approved establishing an ad hoc committee to discuss the possibility of the district adopting a policy for
term limits for the Board of Directors. The Board appointed Vice Secretary Ooten and Director Eckles to serve on the ad hoc committee. The
Committee met on May 11 and June 8, 2023 to discuss term limits.
On July 12, 2023, the Board of Directors and Citizens Advisory Committee (CAC) held a joint meeting to discuss this topic. Attached is a copy of the
July 12 staff report. The Board directed the CAC to continue the discussion and if possible, make a recommendation to the Board.
Recommendation
That the Board of Directors provide direction to staff.
Analysis
On September 13, 2023, the Citizens Advisory Committee (CAC) continued the discussion about term limits for the Board of Directors. New
information, as described below, was made available to CAC members for discussion.
1. During the July 12 joint meeting, the CAC requested the deadlines to qualify a ballot initiative in the 2024 elections. For the March 5, 2024
Primary Election, the deadline is October 26, 2023. For the November 5, 2024 General Election, the deadline is August 9, 2024.
2. The CAC made comments about Board of Directors receiving a benefit package in addition to their compensation. Attached is a compensation
and benefits survey of the different governing bodies servicing the CMSD community. The Costa Mesa Sanitary District Board of Directors is the
only governing body that does not receive retirement, health, life and/or long term disability benefits.
3. The CAC inquired the regularity of Board of Director incumbents facing challengers in past elections. Attached are the names of incumbents and
challengers from the past eleven elections dating back to 2002. Five out of the eleven past elections had at least one incumbent being re-elected
without someone challenging his/her seat on the Board of Directors. See attachment.
After discussion, the CAC voted 5-1-1 to recommend the Board of Directors pursue establishing term limits for the governing body of CMSD and
that the Board of Directors also pursue reestablishing term limits to CAC members. On August 24, 2023, the Board of Directors amended
Administrative Policy No. 60.00, by removing term limits for the CAC.
Legal Review
Not applicable at this time. However, a legal review by District Counsel will be performed if the Board of Directors decide to pursue implementing
term limits.
Environmental Review
Subject 1. Board of Directors Term Limits
Meeting Sep 25, 2023 - Board of Directors Regular Meeting
Access Public
Type Action
Fiscal Impact Yes
Dollar Amount $170,000.00
Budgeted No
Recommended
Action
That the Board of Directors provide direction to staff.
Goals 6.0 Administrative Management
9/21/23, 4:09 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#31/45
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
To place a Term Limit Initiative on the ballot will cost:
Stand-Alone Election November 7, 2023, ESTIMATE – $604,383 - $751,250
March 5, 2024 Consolidated Election ESTIMATE – $165,725 - $197,374
November 5, 2024 Consolidated Election ESTIMATE – $144,122 - $168,569
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the September 25, 2023 Citizens Advisory Committee
meeting held at 290 Paularino Avenue, Costa Mesa and posted on the District’s website.
Alternative Actions
1. Direct staff to report back with more information.
File Attachments
July 12, 2023 Staff Report.pdf (156 KB)
Term Limits.pdf (157 KB)
Ballot Initiative Costs.pdf (150 KB)
CM NB Governance Compensation.pdf (119 KB)
Past Elections.pdf (167 KB)
9/21/23, 4:09 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#32/45
F. ENGINEER'S REPORTS
To: Board of Directors
From: Mark Esquer, District Engineer
Date: September 25, 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-August
to mid-September. The District Engineer's memorandum and Monthly CIP 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 September 25, 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 09 Monthly Engineers Report CMSD Memorandum.pdf (191 KB)
2023-09 Financial Section for CIP Updates.pdf (89 KB)
Subject 1. Receive and File the District Engineer's Report and Capital Improvement Projects
Status
Meeting Sep 25, 2023 - Board of Directors Regular Meeting
Access Public
Type Action, Discussion
Preferred Date Sep 25, 2023
Fiscal Impact No
Budget Source CMSD Operating Budget
Recommended
Action
The Board of Directors receive and file the Engineer's Report.
9/21/23, 4:09 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#33/45
Administrative File Attachments
2023 09 Monthly Engineers Report CMSD Memorandum.docx (105 KB)
9/21/23, 4:09 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#34/45
F. ENGINEER'S REPORTS
To: Board of Directors
From: Mark Esquer, District Engineer
Date: September 25, 2023
Subject: Project 330 West Bluff Pump Station Rehabilitation: Adopt CEQA Determination, Award a Contract to GCI Construction, Inc.,
and Approve a Contingency
Summary
The project work generally consists of rehabilitating the West Bluff Pump Station mechanical equipment, relocating the existing electrical panel for
compliance with the National Fire Protection Agency 70 and National Electrical Code(s), and related project work. One bid was received on May 25,
2023, in the amount of $430,000 from GCI Construction. The Engineer's estimate for this project is $270,000. Six general contractors, one
electrical contractor, and one trench plate/safety supplier attended the onsite pre-Bid meeting. .
Based on the higher than anticipated bid and available budget, the District reviewed the project scope of work for items that could be postponed or
eliminated. In addition, the District met with the contractor to discuss value engineering possibilities and negotiated various scope changes with the
contractor. The changes and/or value engineering substitutions generally consisted of removing or substituting items not directly required to
rehabilitate the mechanical or electrical components. The District eliminated a new light pole, removed the tree removal, replaced concrete pad
with compacted base, and substituted relocating the electrical panel rather than providing a new panel.
The proposed changes reduced the proposed bid by $133,700, for a revised bid proposal of $296,300.
Recommendation
That the Board of Directors:
1. Adopt the 330 Westbluff Pump Station project as Categorically Exempt per the California Environmental Quality Act (CEQA) Section 15302,
Class 2; and
2. Award a contract to the lowest responsive and responsible bidder, GCI Construction, Inc. in the negotiated amount of $296,300; and
3. Approve a 10% contingency in the amount of $29,630.
Analysis
The District 's Westbluff PS was last remodeled in 1982 and has mechanically reached the end of useful life and must be rehabilitated. New pumps
and pump appurtenance was purchased and will be turned over to the contractor for installation. As part of the rehabilitation, the electrical panel
must be relocated or replaced because its location is adjacent to the wetwell and a nearby sewer manhole. The electrical panel location within 10
feet of a wastewater source, does not comply with fire and electrical codes. Electrical and fire code required an spark or ignition source, including
electrical panels, be at least 10 feet from a wastewater source. The project work includes relocation of the existing panel for compliance with the
latest codes.
Subject 2. Project 330 Westbluff Pump Station Rehabilitation: Adopt CEQA Determination,
Award a Contract to GCI Construction, Inc., and Approve a Contingency of 10
Percent
Meeting Sep 25, 2023 - Board of Directors Regular Meeting
Access Public
Type Action, Discussion
Preferred Date Sep 25, 2023
Fiscal Impact No
Dollar Amount $360,000.00
Budgeted Yes
Budget Source P330 Capital Improvement Budget
Recommended
Action
Adopt the Project 330 Westbluff Pump Station Rehabilitation project as Categorically Exempt
per the California Environmental Quality Act (CEQA) Section 15302, Class 2; and
2. Award a contract to the lowest responsive and responsible bidder, GCI Construction, Inc. in
the negotiated amount of $296,300; and
3. Approve a 10% contingency in the amount of $29,630.
9/21/23, 4:09 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#35/45
The District reviewed the proposed bid and determined that about one-half the bid was for building and installing a new electrical panel. In addition,
it was determined that only four or five electrical and controls connection are required for connecting to the existing wet well. Staff decided that
relocating the panel will significantly reduce the project cost (Bid Item 11). The District also substituted compacted base for concrete around the
pump station (Bid item 8), eliminating the installation of a new area light (Bid Item 10), and eliminated removal of a tree from the District easement
(Bid Item 12). These value added suggestions and/or substitutions reduced the proposed bid price by $133,700.
Legal Review
District Counsel has reviewed the contracts and approved to form.
Environmental Review
The Westbluff pump station rehabilitation does not increase the capacity of the existing pump station or forcemain. The new pumps are a direct
replacement for the existing pumps and the station capacity remains the same. The proposed project provides for increased reliability because the
mechanical facility is at the end of useful life. Installing replacement pumps, 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). That is, replacement or reconstruction of existing utility systems and/or facilities involving
negligible or no expansion of capacity is exempt from CEQA..
Financial Review
The proposed project with contingency and construction support services (such as inspection and other construction services) will require about
$353,000. The available 330 Project funds, with encumbrance and after the budget adjustment, is about $470,000, as of June 30, 2023. The
proposed construction costs fall within the available project budget. The construction contract, construction contingency, and construction
administration/inspection costs are $296,300, $29,630, and $27,000, respectively.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the September 25, 2023 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
330 Westbluff Construction Agreement.pdf (11,277 KB)
9/21/23, 4:09 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#36/45
F. ENGINEER'S REPORTS
To: Board of Directors
From: Mark Esquer, District Engineer
Date: September 25, 2023
Subject: P341 Elden Forcemain Redundancy: Techite Pipe Construction Access Change Order Approval
Summary
District staff is requesting the Board of Directors approve a change order #2, in the amount of $24,100, for the 341 Elden Forcemain Redundancy
Techite Pipe Construction Access contract with Torres Sanitation (aka Alex Torres Sole Proprietor). The total cost of change order #1 ($5,700) and
Change Order #2 ($24,100) is $29,000. This change order amount exceeds the general manager's authority, which is to approve change orders up
to the cumulative amount of ten percent of the original contract or fifteen thousand dollars ($15,000), whichever is greater.
The original contract in the amount of $42,000 was bid and awarded to Torres Sanitation. A change order #1, in the amount of $5,700, was issued
for the purpose of potholing and measuring the pipe diameter, so that access part may be ordered in preparation for the construction work.
Construction access was required to provide a means of installing a camera into the Out-of-Service Techite pipe for evaluation purposes. The
evaluation is required to confirm the Techite pipe may be used as a host pipe for the redundant forcemain. Confirming the condition of the Techite
pipe is required for design to proceed. It is anticipated that the Techite pipe may be used pipe as a host for a non-dig/trenchless method: minimizing
construction cost.
During the construction of the pipe access on the fairgrounds, the pipe ruptured, releasing clear water that overflowed the trench and into a storm
drain. The Techite pipe was supposed to be empty. As a result of the full pipeline, the District required additional access into the pipe to drain and
capture the water and proceed with the condition assessment.
Because the District could not close up the trench in the fairgrounds and the contractor would charge the District for delays, including move on and
move off, the District contacted the City to inform them that the District needed to open the pipe at two City roadway locations. The City provided a
verbal authorization to proceed with street work as an emergency project.
The District negotiated change order #2 with Torres Sanitation in the amount of $24,100 for two additional pipeline openings within Newport Blvd
and Fair Drive. The extra work consisted of two nights of work in City streets and a daytime paving activity in Fair Drive.
Recommendation
The Board of Directors Approve Change Order #2 of the #341 Elden FM Redundancy Construction Access to Techite Pipe Agreement with Torres
Sanitation (aka Alex Torres Sole Proprietor) in the Amount of $24,100
Subject 3. Project 341 Elden Forcemain Redundancy: Techite Pipe Evaluation Change Order
Approval
Meeting Sep 25, 2023 - Board of Directors Regular Meeting
Access Public
Type Action, Presentation
Preferred Date Sep 25, 2023
Fiscal Impact No
Dollar Amount $24,100.00
Budgeted Yes
Budget Source 341 Elden Forcemain Redundancy Capital Improvement Budget
Recommended
Action
The Board of Directors Approve Change Order #2 of the Project 341 Elden Forcemain
Redundancy Construction Access to Techite Pipe Agreement with Torres Sanitation (aka Alex
Torres Sole Proprietor) in the Amount of $24,100
9/21/23, 4:09 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#37/45
Analysis
The 50-year-old Techite pipeline was replaced with a ductile iron pipeline and removed from service about 28 years ago. When removed from
service, the pipeline was drained and sealed. Because it was sealed and separated from the District's sewer system, the District had to build
construction access for evaluation and future construction. The District contracted with Torres Sanitation, the low bidder, to build the construction
access.
The pipeline was originally removed from service because of its propensity to burst open under shock loads. If the pipe had burst, about 3,700
gallons per minute of sewage flow could have been released into the community and local storm drain system.
During the installation of the construction access on the fairground property, the pipe was incidentally touched by the construction tractor and the
pipe burst open, releasing water from the pipe and construction trench. The District determined that two additional access holes would be required
to properly drain and CCTV the Techite pipeline. The three (3) extra work items included a $18,200 Access site in Fair Drive near the main
fairgrounds entrance, a $19,400 Access site on Newport Blvd at Mesa Drive, and a $13,500 credit for parts not used because of the change in work
scope.
Torres Sanitation did not charge a restocking fee for any returned parts.
Legal Review
District Counsel has reviewed the contract and approved to form during the award in August 2023.
Environmental Review
The 341 Elden FM Redundancy Techite Pipe Access construction does not increase the capacity of the existing pump station or forcemain. It
provides for evaluation and information for the upcoming design work. Also, installing 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
As of August 31, 2023, the 341 Elden FM Redundancy CIP had $821,584 of unencumbered funding. The Techite Access Construction is $42,000,
Change Order #1 is $5,700, and the recommended Change Order #2 of $24,100, totals $71,800. The change order #2 of $24,100 has not been
encumbered. There is sufficient funds to cover this construction effort.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the September 25, 2023 Board of Directors meeting at
District Headquarters and posted on the District's website at www.cmsdca.gov
Alternative Actions
1. Refer the matter back to staff for additional information and/or consideration.
File Attachments
2023 09 BOD Project 341 Techite Pipe Change Order 2 Presentation.pdf (55,186 KB)
9/21/23, 4:09 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#38/45
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 Sep 25, 2023 - Board of Directors Regular Meeting
Access Public
Type
9/21/23, 4:09 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#39/45
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 Sep 25, 2023 - Board of Directors Regular Meeting
Access Public
Type
9/21/23, 4:09 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#40/45
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 Sep 25, 2023 - Board of Directors Regular Meeting
Access Public
Type
9/21/23, 4:09 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#41/45
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 Sep 25, 2023 - Board of Directors Regular Meeting
Access Public
Type
9/21/23, 4:09 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#42/45
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 Sep 25, 2023 - Board of Directors Regular Meeting
Access Public
Type
9/21/23, 4:09 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#43/45
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 Sep 25, 2023 - Board of Directors Regular Meeting
Access Public
Type
9/21/23, 4:09 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#44/45
L. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS
Subject 1. Oral Communications and Director Comments
Meeting Sep 25, 2023 - Board of Directors Regular Meeting
Access Public
Type Discussion
9/21/23, 4:09 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#45/45
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, October 23, 2023 in the
District's Boardroom, located at 290 Paularino Avenue, Costa Mesa, CA 92626.
Subject 1. Adjourn
Meeting Sep 25, 2023 - Board of Directors Regular Meeting
Access Public
Type Procedural