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Monday, November 27, 2023
Board of Directors Regular Meeting
Time: 4:30 p.m.
Location: Costa Mesa Sanitary District - 290 Paularino Ave., Costa Mesa, CA 92626
***
The livestream of the meeting can be viewed by clicking the "Video" icon on this page (which will
be made available at the start of the meeting) or by visiting
www.youtube.com/CostaMesaSanitary.
***
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.)
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5. Announcement of Late Communications - Unless directed otherwise by the Board of Directors, all actions shall be
based on/memorialized by the latest document submitted as a late communication.
6. Ceremonial Matters and Presentations
B. PUBLIC COMMENTS - This time has been set aside for persons in the audience to make comments on
items within the subject matter jurisdiction of the Costa Mesa Sanitary District that are not listed on this
agenda. Members of the public will have the opportunity to address the Board of Directors about all other
items on this agenda at the time those items are considered. Under the provisions of the Brown Act, the
Board of Directors is prohibited from taking action on oral requests but may refer the matter to staff or to
a subsequent meeting. The Board of Directors will respond after public comment has been received.
Please state your name. Each speaker will be limited to four (4) continuous minutes.
1. Public Comments
C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to be routine and may
be acted upon by one motion after public comment has been received. Only Board of Directors may pull an
item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the
time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker
will be limited to four (4) continuous minutes of comment on the consent calendar as a whole.
1. Approve Consent Calendar
2. Approve the Board of Directors Study Session Minutes of October 10, 2023
3. Approve the Board of Directors Regular Meeting Minutes of October 23, 2023
4. Adopt Warrant Resolution No. CMSD 2024-05 Approving District Warrant Registers
5. Approve Payroll Transparency Disclosure for October 2023
6. Approve the Directors' Compensation and Reimbursement of Expenses
7. Approve the Preparation of a Warrant to CR Transfer for $234,817.28 in the November 2023 Warrant Register for
August 2023 Recycling and Disposal Services
8. Approve the Preparation of a Warrant to CR Transfer for $209,784.45 in the November 2023 Warrant Register for
September 2023 Recycling and Disposal Services
9. Receive and File the August 2023 - October 2023 Organics Tonnage Reports
10. Receive and File the August 2023 - October 2023 Solid Waste Diversion Report
11. Approve the Preparation of a Warrant to CR Transfer for $203,376.69 in the November 2023 Warrant Register for
October 2023 Recycling and Disposal Services
12. Approve the Occupancy Count of 23,102 and Direct Staff to Prepare a Warrant to CR&R Environmental Services
for $258,428.21 for October 2023 Solid Waste Collection Services
13. Approve the Investment Report for the Month of October 2023
14. Receive and File October 2023 Contracts Signed by the General Manager
D. PUBLIC HEARINGS
E. GENERAL MANAGER'S REPORTS
1. Consider Creating an Ad Hoc Committee to Discuss SB 1383 Enforcement Program
F. ENGINEER'S REPORTS
1. Receive and File the District Engineer's Report and Capital Improvement Projects Status
2. Approve New Project #351 Adams Ave #138303 Sewer Grade 5 Repair
G. TREASURER'S REPORTS
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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 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
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Monday, November 27, 2023
Board of Directors Regular Meeting
Time: 4:30 p.m.
Location: Costa Mesa Sanitary District - 290 Paularino Ave., Costa Mesa, CA 92626
***
The livestream of the meeting can be viewed by clicking the "Video" icon on this page (which will
be made available at the start of the meeting) or by visiting
www.youtube.com/CostaMesaSanitary.
***
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 Nov 27, 2023 - Board of Directors Regular Meeting
Type Procedural
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A. OPENING ITEMS
Subject 2. Pledge of Allegiance - President Scheafer
Meeting Nov 27, 2023 - Board of Directors Regular Meeting
Type Procedural
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A. OPENING ITEMS
Subject 3. Invocation - Vice President Schafer
Meeting Nov 27, 2023 - Board of Directors Regular Meeting
Type Procedural
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A. OPENING ITEMS
Michael Scheafer, PresidentArlene Schafer, Vice PresidentArthur Perry, SecretaryRobert Ooten, Vice SecretaryBrett 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 Nov 27, 2023 - Board of Directors Regular Meeting
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 Nov 27, 2023 - Board of Directors Regular Meeting
Type Procedural
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A. OPENING ITEMS
Subject 6. Ceremonial Matters and Presentations
Meeting Nov 27, 2023 - Board of Directors Regular Meeting
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 Nov 27, 2023 - Board of Directors Regular Meeting
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 Nov 27, 2023 - Board of Directors Regular Meeting
Type Action (Consent)
Recommended
Action
That the Board of Directors approve the Consent Calendar as presented.
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion
after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of
resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish
to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of
comment on the consent calendar as a whole.
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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: November 27, 2023 Subject: Approve the Board of Directors Study Session Minutes of October 10, 2023 SummaryThe recorded minutes of the October, 2023 Board of Directors Study Session are hereby submitted to the Board of Directors for reviewand approval. AnalysisAttached to the staff report are the minutes for the Board of Directors Study Session on September 12, 2023. Staff RecommendationThat the Board of Directors approve the meeting minutes as presented. Legal ReviewNot applicable. Environmental ReviewConsideration of public meeting minutes is an administrative matter and is exempt from the requirements of the CaliforniaEnvironmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency whileestablishing its own procedures “to list those specific activities which fall within each of the exempt classes”, and the District hasadopted “CEQA Guidelines and Implementing Procedures” that state on page 6 ”Projects” does not include …. C. Continuingadministrative or maintenance activities.” Financial ReviewNot applicable. Public Notice ProcessCopies of this report are on file and will be included in the complete agenda packet for the November 27, 2023 Board of DirectorsRegular Meeting at District Headquarters and posted on the District’s website. Alternative Actions1. Do not approve the meeting minutes as presented.2. Direct staff to report back with more information.
File Attachments
minutes_2023_10_10_ss.pdf (182 KB)
Subject 2. Approve the Board of Directors Study Session Minutes of October 10, 2023
Meeting Nov 27, 2023 - Board of Directors Regular Meeting
Type Action (Consent)
Recommended
Action
That the Board of Directors approve the meeting minutes 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: Noelani Middenway, District Clerk/Public Information Officer Date: November 27, 2023 Subject: Approve the Board of Directors Regular Meeting Minutes of October 23, 2023 SummaryThe recorded minutes of the October 23, 2023 Board of Directors Regular Meeting are hereby submitted to the Board of Directors forreview and approval. Staff RecommendationThat the Board of Directors approve the meeting minutes as presented. AnalysisAttached to the staff report are the minutes for the Board of Directors Regular Meeting on October 23, 2023. Legal ReviewNot applicable. Environmental ReviewConsideration of public meeting minutes is an administrative matter and is exempt from the requirements of the CaliforniaEnvironmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency whileestablishing its own procedures “to list those specific activities which fall within each of the exempt classes”, and the District hasadopted “CEQA Guidelines and Implementing Procedures” that state on page 6 ”Projects” does not include …. C. Continuingadministrative or maintenance activities.” Financial ReviewNot applicable. Public Notice ProcessCopies of this report are on file and will be included in the complete agenda packet for the November 27, 2023 Board of DirectorsRegular Meeting at District Headquarters and posted on the District’s website. Alternative Actions1. Do not approve the meeting minutes as presented.2. Direct staff to report back with more information.
File Attachments
minutes_2023_10_23_rm.pdf (215 KB)
Subject 3. Approve the Board of Directors Regular Meeting Minutes of October 23, 2023
Meeting Nov 27, 2023 - Board of Directors Regular Meeting
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.
To: Board of Directors Via: Scott Carroll, General Manager From: Sean Phan, Associate Accountant Date: November 27, 2023 Subject: Adopt Warrant Resolution No. CMSD 2024-05 Approving District Warrant Registers SummaryAttached is the Warrant Resolution, which ratifies the payment of certain claims and demands and specifies the funds from which theywere paid. RecommendationThat the Board of Directors adopt Warrant Resolution No. CMSD 2024-05 approving District warrants for the month of October in theamount of $1,055,024.47. AnalysisAttached is the Warrant Resolution, which ratifies the payment of certain claims and demands and specifies the funds from which theywere paid. Legal ReviewNot Applicable. Environmental ReviewSubject 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 activitieswhich fall within each of the exempt classes", and the District has adopted "CEQA Guidelines and Implementing Procedures" that stateon page 6 "Projects" does not include .... C. Continuing administrative or maintenance activities." Financial ReviewSufficient funds are available in the adopted budget. Public Notice ProcessCopies of this report are on file and will be included with the complete agenda packet for the November 27, 2023 Board of DirectorsRegular meeting at District Headquarters and posted on the District's website www.cmsdca.gov. Alternative ActionsRefer item back to staff with further instructions.
File Attachments
WARRANT RESO 2024-05.pdf (213 KB)
Subject 4. Adopt Warrant Resolution No. CMSD 2024-05 Approving District Warrant
Registers
Meeting Nov 27, 2023 - Board of Directors Regular Meeting
Type Action (Consent)
Budgeted Yes
Recommended
Action
That the Board of Directors adopt Warrant Resolution No. CMSD 2024-05 approving
District warrants for the month of October in the amount of $1,055,024.47.
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
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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: November 27, 2023 Subject: Approve Payroll Transparency Disclosure for October 2023 SummaryAttached is the Payroll General Ledger Distribution Report summarizing each payroll during the month. RecommendationThat the Board of Directors approve and file the report. AnalysisAttached is the Payroll General Ledger Distribution Report summarizing each payroll during the month. Legal ReviewNot Applicable. Environmental ReviewSubject 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 activitieswhich fall within each of the exempt classes", and the District has adopted "CEQA Guidelines and Implementing Procedures" that stateon page 6 "Projects" does not include .... C. Continuing administrative or maintenance activities." Financial ReviewSufficient funds are available in the adopted budget. Public Notice ProcessCopies of this report are on file and will be included with the complete agenda packet for the November 27, 2023 Board of DirectorsRegular meeting at District Headquarters and posted on the District's website www.cmsdca.gov. Alternative ActionsRefer item back to staff with further instructions.
File Attachments
Payroll Transparency Disclosure October 2023.pdf (170 KB)
Subject 5. Approve Payroll Transparency Disclosure for October 2023
Meeting Nov 27, 2023 - Board of Directors Regular Meeting
Type Action (Consent)
Fiscal Impact Yes
Budgeted Yes
Recommended
Action
That the Board of Directors approve and file the report.
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: November 27, 2023 Subject: Directors' Compensation and Reimbursement of Expenses SummaryThe Directors' Compensation and Reimbursement of Expenses are hereby submitted to the Board of Directors for review andapproval. AnalysisAttached to the staff report are the Directors' Compensation and Reimbursement of Expenses. Staff RecommendationThat the Board of Directors approve the compensation and reimbursement of expenses as presented. Legal ReviewNot applicable. Environmental ReviewConsideration of public meeting minutes is an administrative matter and is exempt from the requirements of the CaliforniaEnvironmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency whileestablishing its own procedures "to list those specific activities which fall within each of the exempt classes," and the District hasadopted "CEQA Guidelines and Implementing Procedures" that state on page 6 "Projects" does not include...C. Continuingadministrative or maintenance activities. Financial ReviewNot applicable. Public Notice ProcessCopies of this report are on file and will be included with the complete agenda packet for the November 27, 2023 Board of DirectorsRegular meeting at District Headquarters and posted on the District's website. Alternative Actions1. Do not approve the compensation and reimbursement of expenses as presented.2. Direct staff to report back with more information.
File Attachments
board_pr_october.pdf (1,178 KB)
Subject 6. Approve the Directors' Compensation and Reimbursement of Expenses
Meeting Nov 27, 2023 - Board of Directors Regular Meeting
Type Action (Consent)
Recommended
Action
That the Board of Directors approve the compensation and reimbursement of expenses as
presented.
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: November 27, 2023 Subject: Approve the preparation of a warrant to CR Transfer for $234,817.28 in the November 2023 warrant register forAugust 2023 recycling and disposal services. SummaryThe 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 organicwaste to an anaerobic digestion facility to be recycled into renewable natural gas to fuel the solid waste collection trucks or processedinto compost. RecommendationThat the Board of Directors approve the preparation of a warrant to CR Transfer in the amount of $234,817.28 in the November 2023warrant register for August 2023 recycling and disposal services. AnalysisThe following chart outlines the total tonnage and payments due for residential and organic waste collected in Costa Mesa andNewport Beach. The tonnage rates approved by the Board of Directors on August 21, 2023, effective July 1, 2023, is $59.35 per tonfor mixed waste recycling and disposal and $81.66 per ton for organics recycling.
Type of Waste Invoice No.Tonnage Rate Amount Billed
Residential
Waste - Newport
Beach
44949 27.90 $59.35 $1,655.87*
Residential
Waste - Costa
Mesa
44948 2480.55 $59.35 $147,220.80*
Total
Residential
Waste
$148,876.67
Organics
Recycling 44986 1052.42 $81.66 $85,940.61*
Total Organics $85,940.61
Grand Total $234,817.28
*Due to weight ticket calculation rounding, some invoice totals may be off by a few cents. Legal ReviewNot applicable. Environmental Review
Subject 7. Approve the Preparation of a Warrant to CR Transfer for $234,817.28 in the
November 2023 Warrant Register for August 2023 Recycling and Disposal
Services
Meeting Nov 27, 2023 - Board of Directors Regular Meeting
Type Action (Consent)
Recommended
Action
That the Board of Directors approve the preparation of a warrant to CR Transfer in the
amount of $234,817.28 in the November 2023 warrant register for August 2023 recycling
and disposal services.
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Consideration of the CR Transfer warrant is an administrative matter and not a disturbance of the environment such as grading orconstruction and is not a project under CEAQ or the District's CEQA Guidelines. Financial ReviewSufficient funds are available in the adopted budget. Public Notice ProcessCopies of this report are on file and will be included in the complete agenda packet for the November 27, 2023, Board of DirectorsRegular Meeting at District Headquarters and posted on the District's website. Alternative ActionsRefer item back to staff with further instructions.
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion
after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of
resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish
to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of
comment on the consent calendar as a whole.
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C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to
items listed on the consent calendar. Each speaker will be limited to four (4)
continuous minutes of comment on the consent calendar as a whole.
To: Board of Directors Via: Scott Carroll, General Manager From: Marissa Pereyda, Management Analyst II Date: November 27, 2023 Subject: Approve the preparation of a warrant to CR Transfer for $209,784.45 in the November 2023 warrant register forSeptember 2023 recycling and disposal services. SummaryThe 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 organicwaste to an anaerobic digestion facility to be recycled into renewable natural gas to fuel the solid waste collection trucks or processedinto compost. RecommendationThat the Board of Directors approve the preparation of a warrant to CR Transfer in the amount of $209,784.45 in the November2023 warrant register for September 2023 recycling and disposal services. AnalysisThe following chart outlines the total tonnage and payments due for residential and organic waste collected in Costa Mesa andNewport Beach. The tonnage rates approved by the Board of Directors on August 21, 2023, effective July 1, 2023, is $59.35 per tonfor mixed waste recycling and disposal and $81.66 per ton for organics recycling.
Type of Waste Invoice No.Tonnage Rate Amount Billed
Residential
Waste - Newport
Beach
45027 63.74 $59.35 $3,782.97*
Residential
Waste - Costa
Mesa
45026 2246.29 $59.35 $133,317.26*
Total
Residential
Waste
$137,100.23
Organics
Recycling 45059 890.08 $81.66 $72,684.22*
Total Organics $72,684.22
Grand Total $209,784.45
*Due to weight ticket calculation rounding, some invoice totals may be off by a few cents. Legal ReviewNot applicable. Environmental Review
Subject 8. Approve the Preparation of a Warrant to CR Transfer for $209,784.45 in the
November 2023 Warrant Register for September 2023 Recycling and Disposal
Services
Meeting Nov 27, 2023 - Board of Directors Regular Meeting
Type Action (Consent)
Recommended
Action
That the Board of Directors approve the preparation of a warrant to CR Transfer in the
amount of $209,784.45 in the November 2023 warrant register for September 2023
recycling and disposal services.
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Consideration of the CR Transfer warrant is an administrative matter and not a disturbance of the environment such as grading orconstruction and is not a project under CEAQ or the District's CEQA Guidelines. Financial ReviewSufficient funds are available in the adopted budget. Public Notice ProcessCopies of this report are on file and will be included in the complete agenda packet for the November 27, 2023, Board of DirectorsRegular Meeting at District Headquarters and posted on the District's website. Alternative ActionsRefer item back to staff with further instructions.
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion
after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of
resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish
to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of
comment on the consent calendar as a whole.
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C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to
items listed on the consent calendar. Each speaker will be limited to four (4)
continuous minutes of comment on the consent calendar as a whole.
To: Board of Directors Via: Scott Carroll, General Manager From: Marissa Pereyda, Management Analyst II Date: November 27, 2023 Subject: Receive and File the August 2023 - October 2023 Organics Tonnage Report SummaryA total of 1,052.42 tons of organic waste were collected in August 2023, a total of 890.08 tons of organic waste were collected inSeptember 2023, and a total of 720.95 tons of organic waste were collected in October 2023. RecommendationThat the Board of Directors receive and file this report. AnalysisThe chart below outlines total organic tonnage collected from the organics program and how much material was recycled andlandfilled. A graph depicting the total tonnage of organic waste collected during each month of the last five fiscal years is attached tothis report.
Fiscal Year 2023-24 Organics
Month Recycled Landfilled Total Collected
July 748.19 36.11 784.30
August 1003.96 48.46 1052.42
September 849.10 40.98 890.08
October 687.75 33.20 720.95
November
December
January
February
March
April
May
June
Legal ReviewNot applicable. Environmental ReviewConsideration of the Organics Tonnage Report is an administrative matter and not a disturbance of the environment such as gradingor construction, and is not a project under CEQA or the District's CEQA Guidelines. Financial ReviewNot applicable. Public Notice Process
Subject 9. Receive and File the August 2023 - October 2023 Organics Tonnage Reports
Meeting Nov 27, 2023 - Board of Directors Regular Meeting
Type Action (Consent)
Recommended
Action
That the Board of Directors receive and file this report.
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Copes of this report are on file and will be included in the complete agenda packet for the November 27, 2023, Board of DirectorsRegular Meeting at District Headquarters and posted on the District's website. Alternative ActionsRefer item back to staff with further instructions.
File Attachments
Organics_Tonnage_August_to_October_2023.pdf (196 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: November 27, 2023 Subject: Receive and File the August 2023 - October 2023 Solid Waste Diversion Report SummaryA total of 2,259.58 tons of solid waste was collected and recycled in August 2023, a total of 2,006.61 tons of solid waste was collectedand recycled in September 2023, and a total of 1,871.12 of solid waste was collected and recycled in October 2023. RecommendationThat the Board of Directors receive and file this report. AnalysisFor the current fiscal year to date, the District's diversion rate is 62.07%. A tonnage summary for the past nineteen fiscal years isattached to this report. Legal ReviewNot applicable. Environmental ReviewConsideration of the Solid Waste Diversion Report is an administrative matter and not a disturbance of the environment such asgrading or construction, and is not a project under CEQA or the District's CEQA Guidelines. Financial ReviewNot applicable. Public Notice ProcessCopies of this report are on file and will be included in the complete agenda packet for the November 27, 2023, Board of DirectorsRegular Meeting at District Headquarters and posted on the District's website. Alternative ActionsRefer item back to staff with further instructions.
File Attachments
Tonnage_Summary_August_to_October_2023.pdf (524 KB)
Subject 10. Receive and File the August 2023 - October 2023 Solid Waste Diversion
Report
Meeting Nov 27, 2023 - Board of Directors Regular Meeting
Type Action (Consent)
Recommended
Action
That the Board of Directors receive and file this report.
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: November 27, 2023 Subject: Approve the preparation of a warrant to CR Transfer for $203,376.69 in the November 2023 warrant register forOctober 2023 recycling and disposal services SummaryThe 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 organicwaste to an anaerobic digestion facility to be recycled into renewable natural gas to fuel the solid waste collection trucks or processedinto compost. RecommendationThat the Board of Directors approve the preparation of a warrant to CR Transfer in the amount of $203,376.69 in the November 2023warrant register for October 2023 recycling and disposal services. AnalysisThe following chart outlines the total tonnage and payments due for residential and organic waste collected in Costa Mesa andNewport Beach. The tonnage rates approved by the Board of Directors on August 21, 2023, effective July 1, 2023, is $59.35 per tonfor mixed waste recycling and disposal and $81.66 per ton for organics recycling.
Type of Waste Invoice No.Tonnage Rate Amount Billed
Residential
Waste - Newport
Beach
45098 49.18 $59.35 $2,918.82*
Residential
Waste - Costa
Mesa
45097 2352.72 $59.35 $139,634.25*
Total
Residential
Waste
$142,553.07
Organics
Recycling 45131 744.84 $81.66 $60,823.62*
Total Organics $60,823.62
Grand Total $203,376.69
*Due to weight ticket calculation rounding, some invoice totals may be off by a few cents. Legal ReviewNot applicable. Environmental Review
Subject 11. Approve the Preparation of a Warrant to CR Transfer for $203,376.69 in the
November 2023 Warrant Register for October 2023 Recycling and Disposal
Services
Meeting Nov 27, 2023 - Board of Directors Regular Meeting
Type Action (Consent)
Recommended
Action
That the Board of Directors approve the preparation of a warrant to CR Transfer in the
amount of $203,376.69 in the November 2023 warrant register for October 2023
recycling and disposal services.
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Consider of the CR Transfer warrant is an administrative matter and is exempt from the requirements of the California EnvironmentalQuality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing itsown procedures "to list those specific activities which fall within each of the exempt classes," and the District has adopted "CEQAGuidelines and Implementing Procedures" that state on page 6 "Projects" does not include...C. Continuing administrative ormaintenance activities. Financial ReviewSufficient funds are available in the adopted budget. Public Notice ProcessCopies of this report are on file and will be included in the complete agenda packet for the November 27, 2023, Board of DirectorsRegular Meeting at District Headquarters and posted on the District's website at www.cmsdca.gov. Alternative ActionsRefer item back to staff with further instructions.
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion
after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of
resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish
to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of
comment on the consent calendar as a whole.
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C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to
items listed on the consent calendar. Each speaker will be limited to four (4)
continuous minutes of comment on the consent calendar as a whole.
To: Board of Directors Via: Scott Carroll, General Manager From: Marissa Pereyda, Management Analyst II Date: November 27, 2023 Subject: Approve the Occupancy Count of 23,102 and Direct Staff to Prepare a Warrant to CR&R Environmental Services for$258,428.21 for October 2023 Solid Waste Collection Services SummaryThe District's monthly payment to CR&R Environmental Services (CR&R) for solid waste collection services is calculated bymultiplying the set occupancy rate by the occupancy count, approved each month by the Board of Directors. The current occupancyrate is $11.1864 and the October 2023 occupancy count presented to the Board of Directors is 23,102, for a total payment of$258,428.21. RecommendationThat the Board of Directors:1. Approve the Occupancy Count of 23,102; and2. Direct staff to prepare a warrant to CR&R Environmental Services for $258,428.21 for October 2023 solid waste collection servicesto be ratified with the November 2023 warrant register. AnalysisThe occupancy count is the number of active units in the District's jurisdiction receiving solid waste collection services. The occupancyrate approved by the Board of Directors of August 21, 2023, effective July 1, 2023, is $11.1864. The District pays CR&R $11.1864 peroccupant, per month for solid waste collection services. The occupancy count is increased of decreased monthly for new residentialdevelopments and demolitions. As of October 31, 2023, the District's occupancy count was 23,102 with five (5) new accounts added since the last billing period. Theoccupancy count approved by the Board of Directors for September 2023 was 23,097. District staff will continue to track the number ofnew service addresses. The District's payment to CR&R is calculated by multiplying the occupancy count by the occupancy rate. For October 2023, thepayment is calculated as follows: Occupancy Count: 23,102 X Occupancy Rate: $11.1864 = District's Payment to CR&R: $258,428.21 Legal ReviewNot applicable. Environmental ReviewConsideration of the occupancy count is an administrative matter and is exempt from the requirements of the California EnvironmentalQuality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing itsown procedures "to list those specific activities which fall within each of the exempt classes," and the District has adopted "CEQAGuidelines and Implementing Procedures" that state on page 6 "Projects" does not include...C. Continuing administrative ormaintenance activities. Financial ReviewSufficient funds are available in the adopted FY 2023-24 budget. Public Notice Process
Subject 12. Approve the Occupancy Count of 23,102 and Direct Staff to Prepare a
Warrant to CR&R Environmental Services for $258,428.21 for October 2023 Solid
Waste Collection Services
Meeting Nov 27, 2023 - Board of Directors Regular Meeting
Type Action (Consent)
Recommended
Action
That the Board of Directors:
1. Approve the Occupancy Count of 23,102; and
2. Direct staff to prepare a warrant to CR&R Environmental Services for $258,428.21 for
October 2023 solid waste collection services to be ratified with the November 2023
warrant register.
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Copies of this report are on file and will be included with the complete agenda packet for the November 27, 2023, Board of DirectorsRegular Meeting held at 290 Paularino Avenue and posted on the District's website at www.cmsdca.gov. Alternative ActionsRefer item back to staff with further instructions.
File Attachments
October_2023_Occupancy_Report.pdf (81 KB)
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion
after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of
resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish
to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of
comment on the consent calendar as a whole.
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C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to
items listed on the consent calendar. Each speaker will be limited to four (4)
continuous minutes of comment on the consent calendar as a whole.
To: Board of Directors From: Marc Davis, District Treasurer Date: November 27, 2023 Subject: Approve the Investment Report for the Month of October 2023 SummaryAttached is the Investment Report for the month of October 2023. As required by the District's Statement of Investment Policy, theInvestment Report delineates all investment activity during the month. RecommendationThat the Board of Directors approve the Investment Report for the month of October 2023. AnalysisThis report lists the types of securities held in the District's portfolio, the institutions from which the securities were purchased, maturitydates and interest rates as of October 31, 2023. The District's investments are in compliance with the Statement of Investment Policyadopted by the Board at the June 26, 2023 regular meeting, as well as the California Government Code. The market values in thisreport were provided by our third party custodian, Pershing, LLC, except for the Local Agency Investment Fund (LAIF). The marketvalue 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 withindustry standard practices for similar funds. The weighted average stated rate of return (current yield) for the District's investment portfolio as of October 31, 2023, was 1.972%.The yield to maturity of the portfolio was 1.972%. The District's weighted average interest rate was 170 basis points (1.698%) belowthe LAIF average monthly rate of 3.670% for the month of October 31, 2023. The weighted average number of days to maturity for theDistrict's total portfolio was 683 days (1.87 years). The duration of the underlying securities in LAIF as of October 31, 2023 was 250days. The District's investment portfolio is in compliance with its liquidity limitations, which requires that a minimum of 20.00% of the portfoliomust mature within one year. The percentage of the portfolio maturing in one year or less as of October 31, 2023 was 22.19%. TheDistrict 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 variousclassifications 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 Section4.030.020. 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 thecash deficit during the period in which the District does not receive any of its annual charges from the County ofOrange. The revenue dry period is from June through October. Undesignated - Remaining available cash, which is currently used for rate stabilization and payment of organicsrecycling costs. Wastewater Fund:Operating Reserve - Equal to 25% of the operations budget of the Wastewater Fund per Operations Code Section4.030.020. 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, butwhich have not yet been completed. Designated for Revenue Dry Period - Equal to 5 months of budgeted operating expenses for the fiscal year to cover thecash deficit during the period in which the District does not receive any of its annual charges from the County ofOrange. The revenue dry period is from June through October.
Subject 13. Approve the Investment Report for the Month of October 2023
Meeting Nov 27, 2023 - Board of Directors Regular Meeting
Type Action (Consent)
Recommended
Action
That the Board of Directors approve the Investment Report for the month of October
2023.
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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 sewerfacilities. 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 replacementof sewer pipes and related infrastructure. Legal ReviewLegal review is not required. Environmental ReviewSubject 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 activitieswhich fall within each of the exempt classes," and the District has adopted "CEQA Guidelines and Implementing Procedures" that stateon page 6, "Projects" does not include...C. Continuing administrative or maintenance activities. Financial ReviewThe portfolio was budgeted to earn an average rate of 1.577% for the year ending June 30, 2023. Through September 31, 2023, theportfolio has earned a weighted average interest rate of 2.000%. Public Notice ProcessCopies of this report are on file and will be included with the entire agenda packet for the November 27, 2023 Board of Directorsregular meeting at District Headquarters (290 Paularino Avenue) and on the District's website at www.cmsdca.gov. Alternative ActionsRefer the matter back to staff.
File Attachments
Investment Report - October 2023.pdf (449 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.
Purchase Order:
Subject 14. Receive and File October 2023 Contracts Signed by the General Manager
Meeting Nov 27, 2023 - Board of Directors Regular Meeting
Type Action (Consent)
Fiscal Impact Yes
Budgeted Yes
To: Board of Directors
From: Scott Carroll, General Manager
Date: November 27, 2023
Subject: Receive and File October 2023 Contracts Signed by the General Manager
SummaryAt the January 24, 2019 Board of Directors meeting, the Board directed the General Manager to submit a list of contracts he signedduring the previous month. Below are the contracts he signed in the months of October 2023.
RecommendationThat the Board of Directors receive and file this report.
AnalysisThe following contracts were signed by the general manager in October 2023.
Contract:1. Ralph Anderson & Associates - Performing a Classification and Compensation Study on existing district employee positions. Cost:$29,855
2. California Special Districts Association (CSDA) - Facility use agreement to host a training workshop for Special District RiskManagement Authority (SDRMA). There is no cost to the district.
3. Empower - Managing the district's deferred compensation plan (457b). There is no cost to the district because fees are paid fromemployees participating in the program. The contract is not available for public view because of confidential banking information.
No purchase orders were signed in the month of October
Legal ReviewNot applicable
Environmental ReviewProviding the Board of Directors a monthly list of contracts signed by the General Manager is an administrative matter that will notresult in direct or indirect physical changes in the environment and is not considered a "project".
Financial ReviewThere is adequate funding in the budget to perform the contract services mentioned above.
Public Notice ProcessCopies of this report are on file and will be included with the entire agenda packet for the November 27, 2023 Board of Directorsregular meeting at District Headquarters and on District website at . www.cmsdca.gov
Alternative Actions1. 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: November 27, 2023 Subject: Consider Creating an Ad Hoc Committee to Discuss SB 1383 Enforcement Program SummaryOn November 14, 2023, the Board discussed and commented on staff's proposed enforcement program regarding contaminationlevels related to SB 1383. The Board directed staff to report back to tonight's meeting to consider creating an ad hoc committee tofurther discuss said enforcement program and consider an implementation plan, if any. RecommendationThat the Board Directors:1. Create an ad hoc committee to discuss SB 1383 Enforcement Program2. Appoint two board members to serve on the committee.3. Direct staff to bring the creation of an ad hoc committee to the January 10, 2024 Citizens Advisory Committee (CAC) to request theCAC to appoint two members to serve on the ad hoc committee. AnalysisOn November 14, 2023, the Board discussed and commented on staff's proposed enforcement program regarding contaminationlevels related to SB 1383. The board decided to delay the enforcement program until further information is received and discussioncan continue to consider if an enforcement program is warranted, or not. Legal ReviewNot applicable. Environmental ReviewCreating an ad hoc committee to discuss SB 1383 enforcement is an administrative matter and is exempt from the requirements of theCalifornia Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows anagency while establishing its own procedures "to list those specific activities which fall within each of the exempt classes," and theDistrict has adopted "CEQA Guidelines and Implementing Procedures" that state on page 6 "Projects" does not include...C. Continuingadministrative or maintenance activities. Financial ReviewThere are no financial impacts to the district for creating an ad hoc committee. Public Notice ProcessCopies of this report are on file and will be included with the entire agenda packet for the November 27, 2023 Board of Directorsregular board of directors meeting at District Headquarters and on District's website Alternative Actions1. Do not create the ad hoc committee2. Direct staff to report back with more information
Subject 1. Consider Creating an Ad Hoc Committee to Discuss SB 1383 Enforcement
Program
Meeting Nov 27, 2023 - Board of Directors Regular Meeting
Type Action
Fiscal Impact No
Recommended
Action
That the Board Directors:
1. Create an ad hoc committee to discuss SB 1383 Enforcement Program
2. Appoint two board members to serve on the committee.
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F. ENGINEER'S REPORTS
To: Board of Directors From: Mark Esquer, District Engineer Date: November 27, 2023 Subject: Receive and File the District Engineer's Report and Capital Improvement Projects Status SummaryThe District Engineer has provided a memorandum with a brief summary of major capital or other engineering activities for the period ofmid-October to mid-September. The District Engineer's memorandum and Monthly CIP Financial Report is attached. RecommendationThe Board of Directors receive and file the Engineer's Report. AnalysisAttached is information regarding project or technical sewer activities for the Board of Directors' use and information. Legal ReviewNot Applicable Environmental ReviewSubject 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 whichfall within each of the exempt classes," and the District has adopted "CEQA Guidelines and Implementing Procedures" that state onpage 6 "Projects" does not include...C. Continuing administrative or maintenance activities. Financial ReviewThe cost of preparing this report is contained within the operating budget. There are sufficient funds available in the adopted budget. Public Notice ProcessCopies of this report are on file and will be included with the complete agenda packet for the October 23, 2023, Board of DirectorsRegular meeting at District Headquarters and posted on the District's website www.cmsdca.gov. Alternative ActionsRefer item back to staff with further instructions.
File Attachments
2023 11 Monthly Engineers Report CMSD Memorandum.pdf (216 KB)
2023-11 Financial Section for CIP Updates.pdf (69 KB)
Subject 1. Receive and File the District Engineer's Report and Capital Improvement
Projects Status
Meeting Nov 27, 2023 - Board of Directors Regular Meeting
Type Action, Discussion
Preferred Date Nov 27, 2023
Fiscal Impact No
Budgeted Yes
Budget Source Operating Budget
Recommended
Action
Receive and File the District Engineer's Report and Capital Improvement Projects Status
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F. ENGINEER'S REPORTS
To: Board of Directors
From: Mark Esquer, District Engineer
Date: 10/25/2021
Subject: Approve New Project #351 Adams Ave #138303 Sewer Grade 5 Repair
SummaryThe District has an 8" sewer main in Adams Avenue near the inlet to the Adams Pump Station. A sewer joint failed within the slow laneof west-bound traffic. The joint can't be repaired by a non-dig or liner method. Therefore, the District must dig down approximatelynineteen feet to repair the joint and re-channel the downstream manhole. District staff noticed a partial surcharge within the sewer. CCTV work identified that rags and stringy materials were getting stuck onthe failed pipe joint. The District considered making this location a troublesome cleaning spot with accelerated cleaning and waitinguntil the next budget cycle to budget the major capital repair. However, the City will be reconstructing Adams Avenue this April 2024and the the City advised the District that a construction moratorium will be in effect for 5 years after the completion of construction. Rather than having a continued risk of stoppage and continually having to perform cleaning maintenance, District staff arerecommending that the Board approve and fund this urgent capital repair. RecommendationThe Board of Directors approve:1. New CIP Project #351 Adams Ave #138303 Sewer Grade 5 Repair; and 2. Transfer $187,000 from 23-24 FY Capital Outlay Budget #334 to Capital Outlay #351 for a no-cost change to the FY CIP Budget. AnalysisThe District must design and bid a repair project that consists of digging a hole to the District sewer, replacing about 4 feet of pipe,repairing the District manhole & base, then repairing the street. The District Engineer is estimating that the project budget be $187,000to complete the urgent repair. Legal ReviewLegal Review is not required at this time. Environmental ReviewThe relocation/replacement of an existing sewer with the same capacity as the existing facility is categorically exempt under theCalifornia 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 noexpansion of capacity“. Financial ReviewThe estimated budget requirement for the proposed project is $187,000. Deferring and delaying a lower priority, less critical projectprovides for no increase in the CIP outlay for the current fiscal year. As of October 31, 2023, Project #334 Gisler Forcemain Replacement has a budget of $679,960 available for transfer, which includes encumbrances and carryover adjustments from the 2022-23 fiscal year.
The Proposed Project # 351 Adams #138303 Sewer Grade 5 Repair requires the transfer of $187,000. A summary of the budgetadjustment is shown below.
Subject 2. Approve New Project #351 Adams Ave #138303 Sewer Grade 5 Repair
Meeting Nov 27, 2023 - Board of Directors Regular Meeting
Type Action, Discussion
Preferred Date Nov 27, 2023
Fiscal Impact No
Dollar Amount $187,000.00
Budgeted No
Budget Source CIP 20-201334-4300 Project #334 to #351 Adams Ave #138303 Sewer Grade 5 Repair
Recommended
Action
The Board of Directors approve:
1. New CIP Project #351 Adams Ave #138303 Sewer Grade 5 Repair; and
2. Transfer $187,000 from 23-24 FY Capital Outlay Budget #334 to Capital Outlay #351
for a no-cost change to the FY CIP Budget.
11/21/23, 3:58 PM BoardDocs® Pro
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Account Description Account No. Available Balance Increase/(Decrease) Ending Balance
#334 Gisler Forcemain
Replacement 20-201334-4300 $679,960 ($187,000) $492,960
#351 Adams #138303
Sewer Grade 5 Repair 20-201351-4300 $0 $187,000 $187,000
Public Notice ProcessCopies of this staff report are on file and will included with the entire agenda packet for the November 27, 2023 regular Board ofDirectors meeting at District Headquarters and on the District website. Alternative Actions1. Refer the matter back to staff for consideration of alternatives and return to a future meeting.2. Do not approve recommended CIP budget adjustments and direct staff to continue with the existing CIP outlay.
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I. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report
is required to be given by a Director for any meeting for which expense
reimbursement of any kind is provided. Note: For meetings for which the per
diem compensation is sought, the Operations Code provides that such
compensation is authorized for each day’s service rendered as a Director at the
request of the Board (not to exceed six days in one month), and certain
meetings are specified as being eligible as set forth in District Operations Code
§ 3.01.030. For meetings not so listed, the Board must approve the service for
it to be eligible for the per day compensation.
Subject 1. Orange County Sanitation District (OCSD) - (Vice Secretary Ooten)
Meeting Nov 27, 2023 - Board of Directors Regular Meeting
Type
11/21/23, 3:58 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public 34/40
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 Nov 27, 2023 - Board of Directors Regular Meeting
Type
11/21/23, 3:58 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public 35/40
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 Nov 27, 2023 - Board of Directors Regular Meeting
Type
11/21/23, 3:58 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public 36/40
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 Nov 27, 2023 - Board of Directors Regular Meeting
Type
11/21/23, 3:58 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public 37/40
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 Nov 27, 2023 - Board of Directors Regular Meeting
Type
11/21/23, 3:58 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public 38/40
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 Nov 27, 2023 - Board of Directors Regular Meeting
Type
11/21/23, 3:58 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public 39/40
L. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS
Subject 1. Oral Communications and Director Comments
Meeting Nov 27, 2023 - Board of Directors Regular Meeting
Type Discussion
11/21/23, 3:58 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public 40/40
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, December 18,2023 in the District's Boardroom, located at 290 Paularino Avenue, Costa Mesa, CA 92626.
Subject 1. Adjourn
Meeting Nov 27, 2023 - Board of Directors Regular Meeting
Type Procedural