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Monday, July 27, 2020
Board of Directors Regular Meeting
Time: 4:30 P.M.
IMPORTANT NOTICE REGARDING JULY 27, 2020 REGULAR BOARD MEETING
This meeting is being conducted utilizing teleconferencing and electronic means consistent with
State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19
pandemic.
***
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. In accordance with Executive Order N-29-20, the public
may only view the meeting online and not in the District's Board Room.
***
To participate in the meeting by computer:
1. Copy and past the following into your browser - https://us02web.zoom.us/join
2. Enter the Meeting ID number - 881 7114 3975
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 881 7114 3975#
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 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 Ferryman
2. Pledge of Allegiance - President Ferryman
3. Invocation - Vice President Ooten
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4. Roll Call - (If absences occur, consider whether to deem those absences excused based on facts presented for the
absence – such determination shall be the permission required by law.)
5. Announcement of Late Communications - Unless directed otherwise by the Board of Directors, all actions shall be
based on/memorialized by the latest document submitted as a late communication.
6. Ceremonial Matters and Presentations
B. Public Comments - This time has been set aside for persons in the audience to make comments on
items within the subject matter jurisdiction of the Costa Mesa Sanitary District that are not listed on this
agenda. Members of the public will have the opportunity to address the Board of Directors about all other
items on this agenda at the time those items are considered. Under the provisions of the Brown Act, the
Board of Directors is prohibited from taking action on oral requests but may refer the matter to staff or to
a subsequent meeting. The Board of Directors will respond after public comment has been received.
Please state your name. Each speaker will be limited to four (4) continuous minutes.
1. Public Comments
C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to be routine and may
be acted upon by one motion after public comment has been received. Only Board of Directors may pull
an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is
the time for those in the audience who wish to speak to items listed on the consent calendar. Each
speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole.
1. Approve Consent Calendar
2. Approve the Board of Directors Study Session Minutes of June 9, 2020
3. Approve the Board of Directors Regular Meeting Minutes of June 22, 2020
4. Approve the Directors' Compensation and Reimbursement of Expenses
5. Adopt Warrant Resolution No. CMSD 2021-01 Approving District Warrant Registers
6. Approve Payroll Transparency Disclosure for June 2020
7. Accept the occupancy count as presented as 22,972 and direct staff to prepare a warrant to CR&R Environmental
Services for $238,070.32 for June 2020 collection
8. Approve the preparation of a warrant to CR Transfer in the amount of $243,462.81 for June 2020 recycling and
disposal services in the July 2020 warrant register
9. Contracts Signed by the General Manager
D. PUBLIC HEARINGS
1. Consideration of Solid Waste Annual Charges and The Wastewater Annual Charges for FY 2020-2021 to be
Collected with the General Taxes
E. GENERAL MANAGER'S REPORTS
1. CMSD's Fats Oil Grease (FOG) Control Program Annual Assessment
2. Consider Approving Orange County Operational Area Agreement
3. Consider approving the transfer out $81,000 from the Asset Management Fund, transfer in to the Wastewater
Fund and to appropriate $81,000 to Capital Improvement Project #332, Bristol Sewer Siphon Repair.
4. Receive and File 2015-20 Strategic Plan Quarterly Update - FY 2019-20 4th Quarter
5. Receive and File Preliminary Fourth Quarter Budget Review for FY2019-20
6. Receive and File January through June 2020 Performance Measurement Report
F. ENGINEER'S REPORTS
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1. Receive and File the Monthly Capital Improvements Project Status Report
G. TREASURER'S REPORTS
1. Approve the Investment Report for the Month of June 2020
H. ATTORNEY'S REPORTS
1. Discussion of FPPC Regulation 18707- Procedure to Publicly Identify Financial Conflicts
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) - (President Ferryman)
2. Santa Ana River Flood Protection Agency (SARFPA) - (Director Perry)
3. Independent Special Districts of Orange County (ISDOC) - (Secretary Schafer)
4. California Special Districts Association (CSDA) - (Secretary Schafer)
5. Special District Risk Management Authority (SDRMA) - (Director Scheafer)
6. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55, Operations Code Section 3.01.030
J. OLD BUSINESS
K. NEW BUSINESS
L. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS
1. Oral Communications and Director Comments
M. ADJOURN TO CLOSED SESSION
N. RECONVENE TO OPEN SESSION
O. CLOSING ITEMS
1. Adjourn
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Monday, July 27, 2020
Board of Directors Regular Meeting
Time: 4:30 P.M.
IMPORTANT NOTICE REGARDING JULY 27, 2020 REGULAR BOARD MEETING
This meeting is being conducted utilizing teleconferencing and electronic means consistent with
State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19
pandemic.
***
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. In accordance with Executive Order N-29-20, the public
may only view the meeting online and not in the District's Board Room.
***
To participate in the meeting by computer:
1. Copy and past the following into your browser - https://us02web.zoom.us/join
2. Enter the Meeting ID number - 881 7114 3975
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 881 7114 3975#
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 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 Ferryman
Meeting Jul 27, 2020 - Board of Directors Regular Meeting
Access Public
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A. OPENING ITEMS
Subject 2. Pledge of Allegiance - President Ferryman
Meeting Jul 27, 2020 - Board of Directors Regular Meeting
Access Public
Type Procedural
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A. OPENING ITEMS
Subject 3. Invocation - Vice President Ooten
Meeting Jul 27, 2020 - Board of Directors Regular Meeting
Access Public
Type Procedural
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A. OPENING ITEMS
James Ferryman, President
Robert Ooten, Vice President
Arlene Schafer, Secretary
Michael Scheafer, Director
Arthur Perry, Director
Subject 4. Roll Call - (If absences occur, consider whether to deem those absences
excused based on facts presented for the absence – such determination shall be
the permission required by law.)
Meeting Jul 27, 2020 - Board of Directors Regular Meeting
Access Public
Type Procedural
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A. OPENING ITEMS
Subject 5. Announcement of Late Communications - Unless directed otherwise by the
Board of Directors, all actions shall be based on/memorialized by the latest
document submitted as a late communication.
Meeting Jul 27, 2020 - Board of Directors Regular Meeting
Access Public
Type Procedural
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A. OPENING ITEMS
Subject 6. Ceremonial Matters and Presentations
Meeting Jul 27, 2020 - Board of Directors Regular Meeting
Access Public
Type Procedural
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B. Public Comments - This time has been set aside for persons in the audience
to make comments on items within the subject matter jurisdiction of the Costa
Mesa Sanitary District that are not listed on this agenda. Members of the public
will have the opportunity to address the Board of Directors about all other
items on this agenda at the time those items are considered. Under the
provisions of the Brown Act, the Board of Directors is prohibited from taking
action on oral requests but may refer the matter to staff or to a subsequent
meeting. The Board of Directors will respond after public comment has been
received. Please state your name. Each speaker will be limited to four (4)
continuous minutes.
Subject 1. Public Comments
Meeting Jul 27, 2020 - Board of Directors Regular Meeting
Access Public
Type Procedural
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C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to
items listed on the consent calendar. Each speaker will be limited to four (4)
continuous minutes of comment on the consent calendar as a whole.
Subject 1. Approve Consent Calendar
Meeting Jul 27, 2020 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Recommended Action That the Board of Directors approve the Consent Calendar as presented.
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after
public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions
is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to
items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the
consent calendar as a whole.
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C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to
items listed on the consent calendar. Each speaker will be limited to four (4)
continuous minutes of comment on the consent calendar as a whole.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Gina Terraneo, Management Analyst II
Date: July 27, 2020
Subject: Approve the Board of Directors Study Session Minutes of June 9, 2020
Summary
The recorded minutes of the June 9, 2020 Board of Directors Study Session are hereby submitted to the Board of Directors for review
and approval.
Analysis
Attached to the staff report are the minutes for the Board of Directors Study Session on June 9, 2020.
Staff Recommendation
That the Board of Directors approve the meeting minutes as presented.
Legal Review
Not applicable.
Environmental Review
Consideration of public meeting minutes is an administrative matter and is exempt from the requirements of the California
Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency
while establishing its own procedures “to list those specific activities which fall within each of the exempt classes”, and the District has
adopted “CEQA Guidelines and Implementing Procedures” that state on page 6 ”Projects” does not include …. C. Continuing
administrative or maintenance activities.”
Financial Review
Not applicable.
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the July 27, 2020 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 June 9, 2020
Meeting Jul 27, 2020 - Board of Directors Regular Meeting
Access Public
Type Action (Consent), Minutes
Recommended Action That the Board of Directors approve the meeting minutes as presented.
Minutes View Minutes for Jun 9, 2020 - Board of Directors Study Session
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minutes_2020_06_09_ss.pdf (157 KB)
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after
public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions
is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to
items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the
consent calendar as a whole.
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C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to
items listed on the consent calendar. Each speaker will be limited to four (4)
continuous minutes of comment on the consent calendar as a whole.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Gina Terraneo, Management Analyst II
Date: July 27, 2020
Subject: Approve the Board of Directors Regular Meeting Minutes of June 22, 2020
Summary
The recorded minutes of the June 22, 2020 Board of Directors Regular Meeting are hereby submitted to the Board of Directors for
review and approval.
Staff Recommendation
That the Board of Directors approve the meeting minutes as presented.
Analysis
Attached to the staff report are the minutes for the Board of Directors Regular Meeting on June 22, 2020.
Legal Review
Not applicable.
Environmental Review
Consideration of public meeting minutes is an administrative matter and is exempt from the requirements of the California
Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency
while establishing its own procedures “to list those specific activities which fall within each of the exempt classes”, and the District has
adopted “CEQA Guidelines and Implementing Procedures” that state on page 6 ”Projects” does not include …. C. Continuing
administrative or maintenance activities.”
Financial Review
Not applicable.
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the July 27, 2020 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 June 22, 2020
Meeting Jul 27, 2020 - Board of Directors Regular Meeting
Access Public
Type Action (Consent), Minutes
Recommended Action That the Board of Directors approve the meeting minutes as presented.
Minutes View Minutes for Jun 22, 2020 - Board of Directors Regular Meeting
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minutes_2020_06_22_rm.pdf (224 KB)
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after
public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions
is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to
items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the
consent calendar as a whole.
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C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to
items listed on the consent calendar. Each speaker will be limited to four (4)
continuous minutes of comment on the consent calendar as a whole.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Noelani Middenway, District Clerk & Public Information Officer
Date: July 27, 2020
Subject: Directors' Compensation and Reimbursement of Expenses
Summary
The Directors' Compensation and Reimbursement of Expenses are hereby submitted to the Board of Directors for review and
approval.
Analysis
Attached to the staff report are the Directors' Compensation and Reimbursement of Expenses.
Staff Recommendation
That the Board of Directors approve the compensation and reimbursement of expenses as presented.
Legal Review
Not applicable.
Environmental Review
Consideration of the compensation and reimbursement of expenses is an administrative matter and is exempt from the requirements
of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA
allows an agency while establishing its own procedures “to list those specific activities which fall within each of the exempt classes”,
and the District has adopted “CEQA Guidelines and Implementing Procedures” that state on page 6. "Projects” does not include ….
C. Continuing administrative or maintenance activities.”
Financial Review
Not applicable.
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the July 27, 2020 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
director_compensation.pdf (293 KB)
Subject 4. Approve the Directors' Compensation and Reimbursement of Expenses
Meeting Jul 27, 2020 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Recommended Action That the Board of Directors approve the compensation and reimbursement of expenses as
presented.
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All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after
public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions
is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to
items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the
consent calendar as a whole.
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C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to
items listed on the consent calendar. Each speaker will be limited to four (4)
continuous minutes of comment on the consent calendar as a whole.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Lieu Tran, Accountant
Date: July 27, 2020
Subject: Adopt Warrant Resolution No. CMSD 2021-01 Approving District Warrant Registers
Summary
Attached is the Warrant Resolution, which ratifies the payment of certain claims and demands and specifies the funds from which
they were paid.
Recommendation
That the Board of Directors approve and file the report.
Analysis
Attached is the Warrant Resolution, which ratifies the payment of certain claims and demands and specifies the funds from which
they were paid.
Legal Review
Not Applicable.
Environmental Review
Subject activity is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section
21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures “to list those specific activities
which fall within each of the exempt classes”, and the District has adopted “CEQA Guidelines and Implementing Procedures” that
state on page 6 “”Projects” does not include .... C. Continuing administrative or maintenance activities."
Financial Review
Sufficient funds are available in the adopted budget.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the July 27, 2020 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 5. Adopt Warrant Resolution No. CMSD 2021-01 Approving District Warrant
Registers
Meeting Jul 27, 2020 - Board of Directors Regular Meeting
Access Public
Type Action, Action (Consent)
Budgeted Yes
Recommended Action That the Board of Directors adopt Warrant Resolution No. CMSD 2021-01 approving
District warrants for the month of June in the amount of $796,041.50.
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File Attachments
WARRANT RESO 2021-01.pdf (305 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: Lieu Tran, Accountant
Subject: Approve Payroll Transparency Disclosure for June 2020
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 July 27, 2020 Board of Directors Regular
meeting at District Headquarters and posted on the District’s website www.cmsdca.gov.
Alternative Actions
Refer item back to staff with further instructions.
Subject 6. Approve Payroll Transparency Disclosure for June 2020
Meeting Jul 27, 2020 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Budgeted Yes
Recommended Action That the Board of Directors approve and file the report.
Goals 4.7 Demonstrate outstanding efforts in transparency
7.0 Finance
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File Attachments
Payroll Transparency Disclosure June 2020.pdf (897 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: Nabila Guzman, Management Analyst I
Date: June 22, 2020
Subject: Accept the occupancy count as presented as 22,972 and direct staff to prepare a warrant to CR&R Environmental
Services for $238,070.32 for June 2020 collection
Summary
Accept the occupancy count as presented using 22,972 as the correct number of active units and direct staff to prepare a warrant to
CR&R Environmental Services for June 2020 collection based on this occupancy report so long as the contractor fulfills the
obligations of the agreement in the amount of $238,070.32 to be ratified in the July 2020 warrant list.
Recommendation
That the Board of Directors accept the occupancy count as presented using 22,972 as the correct number of active units and direct
staff to prepare a warrant to CR&R Environmental Services for June 2020 collection based on this occupancy report so long as the
contractor fulfills the obligations of the agreement in the amount of $238,070.32 to be ratified in the July 2020 warrant list.
Analysis
The occupancy count is the number of residential customers that the District pays CR&R for the trash truck to stop and pick-up trash.
The District pays CR&R $10.3635 per occupant, per month. Each month, new residential customers in brand-new
developments contact the District to establish new trash service. District staff contacts CR&R to approve the drop-off of carts at the
residence, which results in an increase in the occupancy count as shown on the attached list.
As of June 30, 2020, total District occupancy was at 22,972 with six (6) new accounts added since the last billing period and one (1)
account removed. District staff will continue to track the number of new service addresses.
The payment calculation is based on the following:
District's Current Rate for June 2020:
22,972 x $10.3635 =$238,070.32
Legal Review
Not Applicable
Environmental Review
Subject 7. Accept the occupancy count as presented as 22,972 and direct staff to prepare
a warrant to CR&R Environmental Services for $238,070.32 for June 2020
collection
Meeting Jul 27, 2020 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Recommended Action That the Board of Directors accept the occupancy count as presented using 22,972 as the
correct number of active units and direct staff to prepare a warrant to CR&R
Environmental Services for June 2020 collection based on this occupancy report so long as
the contractor fulfills the obligations of the agreement in the amount of $238,070.32 to be
ratified in the July 2020 warrant list.
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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 to pay for the services provided.
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the July 27, 2020 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
2020-06-G-CMSD Occupancy Report REVISED.pdf (50 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: Nabila Guzman, Management Analyst I
Date: July 27, 2020
Subject: Approve the preparation of a warrant to CR Transfer in the amount of $243,462.81 for June 2020 recycling and
disposal services in the July 2020 warrant register
Summary
This payment to CR Transfer is for the sorting of recyclables from the mixed waste and disposal of the remaining waste at the landfill.
With the implementation of the Organics Recycling Program adopted by the Board, this payment also includes the diverting of the
organics waste to the Anaerobic Digestion facility to be recycled into fertilizer or renewable natural gas to fuel the refuse trucks.
Recommendation
That the Board of Directors approves the preparation of a warrant to CR Transfer in the amount of $243,462.81 for June 2020
recycling and disposal services to be ratified in the July 2020 warrant register.
Analysis
Below is a chart depicting the total tonnage and payments due for residential and organic waste collected in Costa Mesa and
Newport Beach.
Due to weight ticket calculation rounding, monthly invoices may be slightly off by a few pennies. Invoices that are slightly off are
marked by an asterisk below.
Type of Waste InvoiceTonnageRate Amount Billed
Residential Waste - Costa Mesa 38856 1,481.16 $54.98$81,434.18
Residential Waste - Costa Mesa 38897 1,466.88 $54.98$80,649.09*
Residential Waste - Newport Beach38857 32.95 $54.98$1,811.59
Residential Waste - Newport Beach38898 44.32 $54.98$2,436.71
Total Residential Waste 3,025.31 $166,331.57
Organics 38934 509.62 $75.65$38,552.74*
Organics 38890 509.96 $75.65$38,578.50*
Total Organics 1,019.58 $77,131.24
Grand Total 4,044.89 $243,462.81
Legal Review
Not Applicable
Subject 8. Approve the preparation of a warrant to CR Transfer in the amount of
$243,462.81 for June 2020 recycling and disposal services in the July 2020
warrant register
Meeting Jul 27, 2020 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Recommended Action That the Board of Directors approves the preparation of a warrant to CR Transfer in the
amount of $243,462.81 for June 2020 recycling and disposal services to be ratified in the
July 2020 warrant register.
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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 to pay for the services provided.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the July 27, 2020 Board of Directors
regular meeting at District Headquarters and posted on the District’s website at www.cmsdca.gov.
Alternative Actions
Refer item back to staff with further instructions.
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: Scott Carroll, General Manager
Date: July 27, 2020
Subject: Contracts Signed by General Manager
Summary
At the January 24, 2019 Board of Directors meeting, the Board directed the General Manager to submit a list of contracts he signed
during the previous month. Below are the contracts he signed in the months of June 2020.
Recommendation
That the Board of Directors receive and file this report
Analysis
Below are the contracts signed by the General Manager in the months of June 2020.
June
Contracts
1. Theresa Kasprzyk – Manage website design. Cost: $6,000
2. Eco Partners – District newsletter. Cost: $40,592
3. EEC Environmentgal– 3 Amendment – FOG Control Program. Cost: $131,500
4. Houston Harris PCS, Inc – Wastewater Maintenance Cleaning Services. Cost: $25,450
Purchase Orders
3. Antx, Inc. – Supervisory Control and Data Acquisition (SCADA) for pump stations. Cost: $11,172
4. Tac Energy – Renewal diesel fuel. Cost: $2,472.03
Legal Review
All contracts are reviewed and approved by District Counsel before contracts are executed.
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 for the expenses referenced above.
Subject 9. Contracts Signed by the General Manager
Meeting Jul 27, 2020 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Fiscal Impact Yes
Budgeted Yes
Recommended Action That the Board of Directors receive and file this report
rd
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Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the July 27, 2020 Board of Directors meeting at
District Headquarters and on District website at www.cmsdca.gov
Alternative Actions
1. Direct staff to report back with more information.
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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D. PUBLIC HEARINGS
To: Board of Directors
Via: Scott Carroll, General Manager
From: Alan Burns, District Counsel
Date: July 27, 2020
Subject: Consideration of Solid Waste Annual Charges and The Wastewater Annual Charges for FY 2020-2021 to be
Collected with the General Taxes
Summary
The District adopted the procedures authorized by Health and Safety Code Section 5470 that allows solid waste and wastewater
charges to be collected on the assessment roll. To do so we must adopt a report assessing the charges against the parcels every
year. The proposed resolutions and ordinance make those assessments.
Staff Recommendation
That the Board of Directors:
1. Adopt Resolution No. 2020-930 confirming the solid waste annual charges for FY 2020-21 to be collected with the general taxes
and direct the District Clerk to file with the County Auditor; and
2. Adopt Resolution No. 2020-931 confirming the wastewater annual charges for FY 2020-21 to be collected with the general taxes
and direct the District Clerk to file with the County Auditor.
3. Adopt Ordinance No. 130 confirming annual charges for solid waste and wastewater for 2020-2021
4. Execute the Certification of Assessment.
Analysis
The District has adopted the procedures provided in Health and Safety Code Section 5470 to allow our solid waste and wastewater
collection charges to be collected with other taxes on the County assessment roll. To be able to do so, the District went through a
mailed notice proceeding and the process was implemented in the early 1990s. Since that implementation, Proposition 218 was
passed (Article XIIID of the California Constitution) which required that fees must be justified as proportional and in other ways proper
whenever a new fee or increase is needed. That proceeding also requires mailed notice and a protest hearing. This year no fees are
being increased for wastewater, but fees for solid waste collection will increase by 7% for all classes. The fee increase is part of a five
year solid waste Rate Plan that was approved by the Board of Directors on May 16, 2019 Prior to approving the solid waste Rate
Plan, the District followed Proposition 218 procedures so said procedures are not required this year.
However, we are still required to annually assess both the solid waste and wastewater charges by parcel for the Assessor. The
procedure to assess parcels must be adopted after a noticed public hearing, in which notice is published two weeks before in an
appropriate newspaper. Said notice was published in The Daily Pilot on July 15, 2020 (see attachment). The District will provide the
County with an electronic version of a report which contains a description of each property receiving services and the charges. The
real property may be described by reference to the assessor’s parcel map description.
Subject 1. Consideration of Solid Waste Annual Charges and The Wastewater Annual
Charges for FY 2020-2021 to be Collected with the General Taxes
Meeting Jul 27, 2020 - Board of Directors Regular Meeting
Access Public
Type Action
Recommended Action That the Board of Directors:
1. Adopt Resolution No. 2020-930 confirming the solid waste annual charges for FY 2020-
21 to be collected with the general taxes and direct the District Clerk to file with the
County Auditor; and
2. Adopt Resolution No. 2020-931 confirming the wastewater annual charges for FY FY
2020-21 to be collected with the general taxes and direct the District Clerk to file with the
County Auditor.
3. Adopt Ordinance No. 130
4. Execute the Certification of Assessment.
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The hearing should be held to consider objections or protests to the assessments. Upon conclusion of the hearing, the Board may
adopt the resolutions and ordinance approving the assessments to be filed with the Auditor. T Code Section 6066.
Legal Review
District Counsel prepared this staff report and resolutions and ordinance that are attached hereto.
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 adopted Wastewater rate for the fiscal year 2020-2021 is the same as the prior fiscal year. The solid waste rates will be imposed
pursuant to the adopted schedule.
Adopted Solid Waste Rates
FY 2019/20 FY 2020/21 FY 2021/22 FY 2022/23 FY 2023/24
$224.88 $240.60 $257.40 $272.88 $289.20
Public Notice Process
This year no fees are being increased for wastewater, but fees for solid waste collection will increase by 7% for all classes. The fee
increase is part of a five-year solid waste rate plan that was approved by the Board of Directors on May 16, 2019, prior to approving
the solid waste rate Pplan, the District followed Proposition 218 procedures so said procedures are not required this year. Copies of
this report are on file and will be included with the complete agenda packet for the July 27, 2020 Board of Directors Study Session
meeting at District Headquarters and posted on the District’s website.
Alternative Actions
1. Refer the matter back to staff.
Attachments:
A: Resolution No. 2020-930
B: Resolution No. 2020-931
C: Ordinance No. 130
D: Proof of Publication – July 15, 2020
E: Certification of Assessment
File Attachments
A. Resolution No. 2020-930.pdf (19 KB)
B. Resolution No. 2020-931.pdf (15 KB)
C. Ordinance No. 130.pdf (49 KB)
D. Proof of Publication – July 15, 2020.pdf (182 KB)
E. Certification of Assessment.pdf (56 KB)
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E. GENERAL MANAGER'S REPORTS
To: Board of Directors
From: Scott Carroll, General Manager
Date: July 27, 2020
Subject: CMSD Fats Oil Grease (FOG) Control Program Annual Assessment
Summary
The District's Fats, Oils and Grease (FOG) control program was developed to comply with the State of California’s 2006 General
Waste Discharge Requirements for Sanitary Sewer Systems (WDR). The program seeks to minimize the discharge of FOG into the
District's sewer system and avoid sanitary sewer overflows (SSOs), which are deemed a potential health hazard to the public.
To avoid these health risks, the District uses an extensive outreach program to inform residents, businesses and others that do work
in the District of the potential for SSOs if FOG is allowed to accumulate in sewer lines.
Recommendation
That the Board of Directors receives presentation from Joe Jenkins, of EEC Environmental, about the District's FOG Control Program
and provide input to staff.
Analysis
FOG regulations are codified within the District's Operation Code Title 6 Chapter 6.07 Any person(s) in violation of this or any other
ordinance is subject to enforcement as specified within the Operations Code. Significant FOG contributors within the District are
restaurants or Food Service Establishments (FSE). FSE's established after 2006 are required to install grease interceptors or grease
traps, which are plumbing devices designed to intercept grease and solids before they enter the sewer system. FSE's are required to
keep accurate maintenance records of their grease collection device and perform Best Management Practices (BMP) for preventing
FOG from entering the sewer system. The District retained EEC Environmental to enforce the District's FOG Control Program by
periodically visiting FSE's to inspect their maintenance records and BMPs. Violators are given written warning from the District and if
violations persist the FSE could face fines and/or have their sewer service discontinued. The District decided FSE's established
before 2006 were not required to install grease interceptors or grease traps at their establishments and were issued conditional
waiver permits. However, terms of the conditional waiver permits require FSE's to practice BMPs and if FOG related SSOs are
occurring at an FSE, the conditional waiver could be revoked and the District can mandate the installation of a grease interceptor or
grease trap. Joe Jenkins, of EEC Environmental, will give a presentation to the CAC about the District's FOG Control Program and
their enforcement activities of FSEs from the past years.
Enforcing the FOG Control Program on residents is challenging because it is difficult to determine the source, especially from multi-
family units. The District encourages residents to pour their used grease in compostable bags, which can then be disposed of in their
organics cart. Another option for residents is to drop off their grease at Orange Coast College Recycling Center where the grease is
collected by a vendor and recycled into reusable products such as candles. This option has proven to be very convenient after the
holidays when many people use fryers to cook turkeys. In 2019, OCC Recycling Center collected 340 gallons of cooking grease after
the holiday seasons (Thanksgiving and Christmas).
As seen in the attachment, of the eight sanitary sewer overflows (SSOs) that occurred last year, three of the SSOs were caused by
FOG. The FOG accumulation causing the SSOs came from residential neighborhoods. This information, along with all District SSOs,
can be found in the Transparency page of the District's website under "Performance Measurement."
Legal Review
Not applicable.
Subject 1. CMSD's Fats Oil Grease (FOG) Control Program Annual Assessment
Meeting Jul 27, 2020 - Board of Directors Regular Meeting
Access Public
Type Action
Recommended Action That the Board of Directors receive and file this report.
Goals 1.0 Sewer Infrastructure
1.8 Fats, Oil & Grease (FOG) Program
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Environmental Review
Receiving a presentation about the District's FOG Control Program is an administrative matter and is not a disturbance of the
environment similar to grading or construction and is not a project under CEQA or the District’s CEQA Guidelines.
Financial Review
The cost to fund the District's FOG Control Program is $120,500 annually. There is no cost to the District or to OCC for the FOG
Recycling Drop Off Program. The vendor that collects and recycles the grease does so at no cost to both agencies.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the July 27, 2020 Board of Directors
regular meeting at District Headquarters and on District’s website.
Alternative Action
1. Direct staff to report back with more information.
File Attachments
FOG Presentation 2020-07-27.pptx (1,323 KB)
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E. GENERAL MANAGER'S REPORTS
To: Board of Directors
From: Scott Carroll, General Manager
Date: July 27, 2020
Subject: Consider Approving Orange County Operational Area Agreement
Summary
Approval of the 2020 Orange County Operational Area Agreement will replace the existing Orange County Operational Area
Agreement with a reorganized and applicable agreement that addresses agency relationships, jurisdictional responsibilities; and
legislated mandates before, during and after major emergencies.
On March 24 , the Orange County Board of Supervisors approved the 2020 Orange County Operational Area Agreement of the
County of Orange and Political Subdivisions. On March 26 , the Orange County Fire Authority also approved the Agreement,
starting the six-month transition period. The Operational Area will begin operating under the new Agreement on September 26, 2020.
Recommendation
That the Board of Directors approve the 2020 Orange County Area Agreement of the County of Orange and Political Subdivisions
Analysis
The Orange County (OC) Operational Area (OA) Agreement formally creates and organizes the OC OA as required by the
Standardized Emergency Management System (SEMS), Title 19 California Code of Regulations Section 2409, et seq. The OC OA
was created and the OC OA Agreement approved by the OC Board of Supervisors (Board) on November 17, 1995. The OC OA
Agreement, which was developed through a collaborative process with all affected organizations and jurisdictions, has guided how
OC jurisdictions coordinate emergency planning and response activities. Prior to the current agreement, the Board approved a
previous agreement relating to emergency operations and planning in the County on July 14, 1981.
The OA is overseen by an Executive Board with representatives from each emergency response discipline. For many years it was
Kelly Hubbard, Director of Emergency Management of the Water Emergency Response Organization of Orange County
(WEROC) representing ISDOC on the Executive Board. Her replacement, Vicki Osborn, is now ISDOC's representative on the OA
Executive Board.
The OA Executive Board meets on a quarterly basis, and is responsible for the development, establishment and implementation of
the policies of the OA. In 2017, the OA Executive Board identified the need to update the OA Agreement to better reflect current best
practices and update outdated information. To accomplish this task, the Sheriff-Coroner Department (Sheriff), Emergency
Management Division, which serves as staff to the OA Executive Board, formed a collaborative, multi-jurisdictional OA Agreement
Revision Working Group to complete a comprehensive review and revision of the document. The revised OC OA Agreement
produced was formally adopted by the County of Orange Board of Supervisors on March 24, 2020. The OC OA Agreement is now
being made available to the multiple jurisdictions that are part of the OA for adoption by the respective governing bodies, which
includes the Costa Mesa Sanitary District. The new OC OA Agreement will become effective six months after the document is
approved by the County of Orange and one other OA jurisdiction, which was the Orange County Fire Authority approving the
agreement on March 26, 2020.
Subject 2. Consider Approving Orange County Operational Area Agreement
Meeting Jul 27, 2020 - Board of Directors Regular Meeting
Access Public
Type Action
Fiscal Impact No
Recommended Action That the Board of Directors approve the 2020 Orange County Area Agreement of the
County of Orange and Political Subdivisions
Goals 5.0 Administrative Management
5.5 Refine emergency operations procedures and upgrade infrastructure
th
th
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The new OC OA Agreement draft developed by the OC OA Agreement Revision Working Group has structural and content changes
from the original 1995 document. Agreement sections are reorganized to make the document easier to understand and reference,
and the document is reformatted to more closely align with the Emergency Management Division’s plan document style guide.
The major content changes are outlined below:
New OA Executive Board Members
Five new OA Executive Board seats are added to the body to more diversely represent the jurisdictions of the OA. The new seats are
designated for:
The County Executive Officer
The OC Social Services Agency Director
The OA Water/Wastewater Mutual Aid Coordinator
A representative selected jointly from the OC Community College Districts
The OC Transportation Authority Chief Executive Officer
OC Emergency Management Organization (OCEMO) Update
Since the 1995 OC OA Agreement was approved, OCEMO has transitioned to a simpler model than was outlined in the original
document. Several changes are made in the new OC OA Agreement draft to reflect the current operational practices of OCEMO and
ensure alignment with the new OCEMO bylaws approved in 2018. Another change is the removal of the OCEMO Representative
Board, which has not been in use for a decade or more. The new draft also provides clarity on the nature of the administrative
support provided to OCEMO by the County of Orange.
OA Coordinator Staffing
The 1995 OC OA Agreement specifically outlined which agencies are responsible for staffing the Operational Area Coordinator
(OAC) position. At the time of approval, this staffing arrangement aligned with the staffing of the Director of Emergency Services
(DES) position and was meant to outline additional responsibilities for the DES during an OA-wide incident. Since approval, the
County Ordinance that defines staffing for the DES role was updated by the County Board of Supervisors on July 17, 2001 created a
conflict with the original OAC staffing arrangement. To rectify this conflict and to prevent similar issues in the future, the language in
the updated draft is streamlined to reference the County Ordinance and Resolution rather than separately defining OAC staffing.
OA Finance
The New OC OA Agreement includes a significant reworking of language related to OA finances: grant funding and administration.
Relevant language once contained in Addendum Two (See Addendums section below) is now incorporated in the main body of the
OC OA Agreement. Language referencing specific grant programs is replaced with broader language that reflects the shifting nature
of grant funding and the challenges of grant administration. The new language also addresses lessons learned related to the financial
aspects of mutual aid and disaster recovery.
Addendums
The 1995 OC OA Agreement has three addendums that addressed various issues brought forth during the development of the
original document. Addendum One clarifies roles and responsibilities for the OA, the OA Executive Board and the OAC. Addendum
Two includes documents related to the administration of the Emergency Management Assistance Program grant that no longer
exists. Relevant portions of these two addendums are incorporated into the main body of the new OC OA Agreement draft as
appropriate. Addendum Three is the OA Mutual Aid Plan. This critical document will become an attachment to the Unified County of
Orange and OC OA Emergency Operations Plan. This will put the Mutual Aid Plan on a more defined schedule of review and
revision.
Naming and Terminology Changes
Several name changes are introduced in the New OC OA Agreement draft to clarify the differences between the various bodies and
positions created by the document.
Legal Review
District Counsel has reviewed OA Agreement and provided comments to staff.
Environmental Review
Adopting the OA Agreement is an administrative matter and is not a disturbance of the environment similar to grading or construction
and is not a project under CEQA or the District’s CEQA Guidelines.
Financial Review
There are no financial impacts to the District for adopting the OA Agreement.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the July 27, 2020 Board of Directors regular
meeting at CMSD headquarters and on CMSD's website at www.cmsdca.gov.
Alternative Actions
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1. Do not approve the Orange County Area Agreement.
2. Direct staff to report back with more information.
File Attachments
New OA Agreement Approval Phase Overview.pdf (123 KB)
2020_Operational_Area_Agreement_Signed by BOS.pdf (2,275 KB)
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E. GENERAL MANAGER'S REPORTS
To: Board of Directors
Via: Scott Carroll, General Manager
From: Kaitlin Tran, Finance Manager
Date: July 27, 2020
Subject: Consider approving the transfer out $81,000 from the Asset Management Fund, transfer in to the Wastewater Fund
and to appropriate $81,000 to CIP #332, Bristol Sewer Siphon Repair.
Summary
In May 2019 while staff was cleaning the Bristol siphon a hose became unable to be removed from the pipe. The General Manager
declared emergency work for two inverted siphon mainline pipes on Bristol Street.
An inverted sewer siphon allows wastewater to pass under obstructions such as a railroad cut, highway, conduit or river. It’s often
called a sag pipe. This pipe is dropped sharply, then run horizontal under the construction, and finally rises to the desired elevation.
The District has several siphons within our system. The inverted siphon on Bristol Street runs under a flood control channel. There’s
also a secondary mainline at this location that serves as a by-pass.
Staff Recommendation
The Board of Directors consider approving the transfer out $81,000 from the Asset Management Fund, transfer in to the Wastewater
Fund and to appropriate $80,700 to CIP #332, Bristol Sewer Siphon Repair
Analysis
On June 18, 2019, General Manager declared emergency work for two inverted siphon mainline pipes on Bristol Street. While staff
was cleaning the secondary line a hose got stuck in the pipe. Staff had to cut the hose leaving approximately 125 feet of hose inside
the secondary mainline. Staff was able to remove enough water to place a camera inside the primary and secondary mainline to
observe the current condition of both pipes as well as trying to locate the hose. The primary pipe had small cracks and could be lined.
The secondary pipe had damages as well.
The District hired National Plant Services (NPS) to clean the primary siphon mainline and then install a liner. Unfortunately, while
NPS was cleaning the primary line their hose got stuck in the pipe. Because the condition of both pipes, which are ductile iron, were
in bad condition, contractors were refusing to do anymore work until the District could install a temporary bypass system. The District
hired GCI Construction, Inc. (GCI) to procure and install a temporary bypass system and assist removing both hoses.
After several days and several attempts GCI, with the assistance from C&R Drains and Jimni's pumper truck, successfully removed
NPS hose from the primary siphon mainline on May 30, 2019. It appeared the nozzle of the hose was buried in a large amount of
sand. Staff believes the nozzle wedged itself into the lower 45 degree bend of the siphon. On June 2, 2019 GCI excavated and
removed the upper 45 degree bend on the upstream side of the secondary pipe and was able to obtain a hold on the District's
cleaning hose. Unfortunately, GCI was unsuccessful removing the hose. On June 3, 2019 GCI was successful in retrieving the hose.
Similar to the primary line, there were sand and debris in the line where the nozzle was buried. After removing the hose and nozzle,
GCI cleaned and removed the sand and debris in the secondary line.
Subject 3. Consider approving the transfer out $81,000 from the Asset Management
Fund, transfer in to the Wastewater Fund and to appropriate $81,000 to Capital
Improvement Project #332, Bristol Sewer Siphon Repair.
Meeting Jul 27, 2020 - Board of Directors Regular Meeting
Access Public
Type Action
Recommended Action Consider approving the transfer out $81,000 from the Asset Management Fund, transfer in
to the Wastewater Fund and to appropriate $81,000 to Capital Improvement Project #332,
Bristol Sewer Siphon Repair.
Goals 7.2 Develop a long term CIP
1.1 Prevent Sanitary Sewer Overflows (SSOs)
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July 2019, staff discovered that the upper 45 degree bends on the discharge side of the siphon were not 45 degree bends, they were
smoother transitions not requiring replacement.
Currently, in the siphon lies two lines that are obstructed with concrete. The lines will need to have the concrete removed and install a
liner in both lines. It will cost $81,000 to complete the siphon repair in FY 2020-21.
Performance Pipeline Technologies will clean and remove of a motor build up in each barrel of an 6”/ 8” siphon and line with CIPP
lining system at a cost of $78,875.
Robin B. Hamers & Associates will manage and provide engineering services for the project for $1,680.
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
This project was an unanticipated repair and therefore it was not budgeted. FY2018-19. The Board of Directors approved a transfer
of $452,000 from Project #318, President PS Rehab to the Annual Sewer Maintenance account to pay for the cost of the emergency
work. At June 30, 2019 the total cost was $347,749 and the remaining balance of $104,251 was a carryover from FY 2018-19 to FY
2019-20.
Staff assigned this project as a capital improvement project #332, Bristol Sewer Siphon Repair in FY 2019-20. Project #319 Canyon
Force Main Rehab was completed and the remaining available budget of $43,300 was transferred to project #332. Work completed in
FY 2019-20 include cleanout, boots installation, Bristol Street bypass paving, inspection and engineer services with a total cost of
$137,029. As of June 30, 2020, the project has an available budget of $10,522, which will be requested to be a carryover to FY 2020-
22 in a later Board meeting. The carryover of $10,522 will not be sufficient to complete the project in FY 2020-21. The total cost for to
complete the repair is $81,000 (rounding up from $80,555).
The Board has approved a minimum level of Reserves in the Asset Management Fund of $5 million. The Asset Management Fund
currently has a balance of $5,418,295. All transfers between Funds require Board approval either through the budget adoption
process or by direct board action. Staff is proposing to transfer $81,000 from the Asset Management Fund, transfer in to the
Wastewater Fund and to appropriate $81,000 to CIP #332, Bristol Sewer Siphon Repair.
Account Account Number Increase Decrease
Asset Management Fund 50-000000-1001 $ 81,000
Wastewater Fund 20-000000-1001 $ 81,000
Bristol Sewer Siphon Repair- CIP #332 20-201332-4300 $ 81,000
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the July 27, 2020 Board of Directors Regular
meeting at District Headquarters and posted on the District’s website www.cmsdca.gov.
Alternative Actions
1. Do not approve the transfers between Funds and do not appropriate $81,000
2. Direct staff to report back with more information.
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E. GENERAL MANAGER'S REPORTS
To: Board of Directors
From: Scott Carroll, General Manager
Date: July 27, 2020
Subject: Receive and File 2015-20 Strategic Plan Quarterly Update - FY 2019-20 4th Quarter
Summary
On May 28, 2015, the Board of Directors adopted the 2015-2020 Strategic Plan, which is a plan that establishes goals, objectives,
strategies and work plans for the next five years and will help move the organization in a direction toward achieving its mission and
vision. Attached is the quarterly update that demonstrates the progress staff is making toward achieving the strategic goals. This is
the last quarterly report for the FY 2015-20 Strategic Plan. The FY 2020-25 Strategic Plan began on July 1, 2020 and the first
quarterly report from this Plan will be presented to the Board on October 26, 2020.
Recommendation
That the Board of Directors receive and file this report.
Analysis
30 out of the 48 strategic goals (Strategic Goal 1.10 was cancelled) are complete. The remaining 18 goals are on-going and are
achieving results.
Legal Review
Not applicable
Environmental Review
The District’s Strategic Plan is a planning document and preparation and adoption of the plan itself is an administrative matter and is
not a disturbance of the environment similar to grading or construction and is not a project under CEQA or the District’s CEQA
Guidelines. The environmental review of each of the efforts or projects outlined in the Strategic Plan will occur when the Board of
Directors specifically considers each of the items since that is when the full scope of work of each effort or project will be described
Financial Review
Activities described in the strategic goals are funded in the budget.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the July 27, 2020 Board of Directors regular
meeting at CMSD headquarters and on CMSD's website at www.cmsdca.gov.
Alternative Actions
1. Direct staff to report back with more information.
File Attachments
Qtly Progress Rpt 2019-20 - 4th Qtr.pdf (660 KB)
Subject 4. Receive and File 2015-20 Strategic Plan Quarterly Update - FY 2019-20 4th
Quarter
Meeting Jul 27, 2020 - Board of Directors Regular Meeting
Access Public
Type Discussion
Goals 1.0 Sewer Infrastructure
2.00 Solid Waste
3.00 Partnerships
4.0 Community Outreach & Communications
5.0 Administrative Management
6.0 Personnel/Organizational Management
7.0 Finance
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E. GENERAL MANAGER'S REPORTS
To: Board of Directors
Via: Scott Carroll, General Manager
From: Kaitlin Tran, Finance Manager
Date: July 27, 2020
Subject: Receive and File Preliminary Fourth Quarter Budget Review for FY2019-20
Summary
This report serves as a summary of the District’s spending through June 30, 2020 with the understanding the fiscal years numbers
won't be final until the annual audit is complete later this calendar year.
Recommendation
That the Board of Directors receive and file this report.
Analysis
Both the Solid Waste and Wastewater Funds finished the fiscal year under budget.
As of June 30, 2020 a total of 97.6% of the Solid Waste budget for the 2019-20 fiscal year was expended. At this time, staff
anticipates a budgetary savings of $109,250 for the fiscal year, mainly due to savings in Personnel and Special Program budgets.
A total of 84.2% of the Wastewater Fund’s operating budget was expend>
1. Refer the matter back to staff for additional information.
File Attachments
A-FY 2019-20 4th Quarter Budget Analysis.pdf (904 KB)
B-Expenditure and Revenue Analysis Through 06302020.pdf (103 KB)
Subject 5. Receive and File Preliminary Fourth Quarter Budget Review for FY2019-20
Meeting Jul 27, 2020 - Board of Directors Regular Meeting
Access Public
Type Action
Recommended Action That the Board of Directors receive and file this report.
Goals 7.0 Finance
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E. GENERAL MANAGER'S REPORTS
To: Board of Directors
From: Scott Carroll, General Manager
Date: July 27, 2020
Subject: Receive and File January through June 2020 Performance Measurement Report
Summary
On November 29, 2018, the Board of Directors adopted Administrative Regulations No. 70.00, Performance Measurement Program,
which established methods and procedures for gathering and analyzing organizational performance while at the same
time collaborating towards continuous improvement of performance in an open and transparent manner.
Recommendation
That the Board of Directors receive and file this report.
Analysis
A Performance Measurement Program has been developed to determine how well the District is performing in areas of efficiency,
effective workforce, customer satisfaction, cost effectiveness, citizen engagement and transparency. The purpose of the program is
to continually look at ways to improve and/or enhance the level of service that is being provided internally to staff and externally to the
public.
The attached report is for performance during January through June 2020.
One measurement is temporarily being discontinued until staff believes the data is reliable. The measurement that is temporarily
being discontinued is:
Diverting 75% of the solid waste stream away from landfills.
Data for some measures could not be attainable due to the COVID-19 pandemic and it's quite possible data for the following
measurements may not be obtained for the entire 2020 year.
Number of Citizens Environmental Protection Academy (CEPA) attendees.
Average rating of residents attending the Citizens Environmental Protection Academy (CEPA) indicated the program is
Satisfactory.
Number of days CMSD participated in community events and hosted District events.
Number of attendees at CMSD State of the District event.
Legal Review
Not applicable
Environmental Review
A Performance Measurement Program is an administrative matter that will not result in direct or indirect physical changes in the
environment and is not considered a "project".
Financial Review
There are no financial impacts to the District for implementing a Performance Measurement Program
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the July 27, 2020 regular Board of Directors
meeting at District Headquarters and on District website at www.cmsdca.gov
Alternative Actions
1. Direct staff to report back with more information.
Subject 6. Receive and File January through June 2020 Performance Measurement Report
Meeting Jul 27, 2020 - Board of Directors Regular Meeting
Access Public
Type Action
Recommended Action That the Board of Directors receive and file this report.
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File Attachments
2020 Jan-June Outcome and Performance Measurement Program.pdf (1,508 KB)
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F. ENGINEER'S REPORTS
To: Board of Directors
Via: Scott Carroll, General Manager
From: Michael Benesh, District Engineer
Date: July 27, 2020
Subject: Capital Improvement Projects Status Report
Summary
Attached is a summary of the Capital Improvement Project activities during the month.
Recommendation
That the Board of Directors receive and file the report.
Analysis
Attached are eleven capital improvement projects that are in progress or will soon begin.
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 July 27, 2020 Board of Directors Regular
meeting at District Headquarters and posted on the District’s website www.cmsdca.gov.
Alternative Actions
1. Refer item back to staff with further instructions.
File Attachments
CIP Update July 2020 Mtg.pdf (681 KB)
Subject 1. Receive and File the Monthly Capital Improvements Project Status Report
Meeting Jul 27, 2020 - Board of Directors Regular Meeting
Access Public
Type Action, Receive and File
Recommended Action That the Board of Directors receive and file the report.
Goals 4.7 Demonstrate outstanding efforts in transparency
7.2 Develop a long term CIP
1.10 Abandon five pump stations on the west side in conjunction with Orange County
Sanitation District companion project
1.4 System Wide Sewer Replacement and Repair Program
1.1 Manhole Cover Maintenance Program
1.0 Sewer Infrastructure
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G. TREASURER'S REPORTS
To: Board of Directors
From: Marc Davis, District Treasurer
Date: July 27, 2020
Subject: Approve the Investment Report for the Month of June 2020
Summary
Attached is the Investment Report for the month of June 2020. As required by the District’s Statement of Investment Policy, the
Investment Report delineates all investment activity during the month.
Recommendation
That the Board of Directors approve the Investment Report for the month of June 2020.
Analysis
This report lists the types of securities held in the District’s portfolio, the institutions from which the securities were purchased,
maturity dates and interest rates as of June 30, 2020. The District’s investments are in compliance with the Statement of Investment
Policy adopted by the Board at the June 27, 2019 regular meeting, as well as the California Government Code. The market values in
this report were provided by our third party custodian, Pershing, LLC, except for the Local Agency Investment Fund (LAIF). The
market value of LAIF was provided by the State Treasurer’s Office. It does not represent the value of the underlying securities within
the pool, but rather the par or cost amount, which is the amount the District is entitled to withdraw. This reporting practice is
consistent with industry standard practices for similar funds.
The weighted average stated rate of return (current yield) for the District’s investment portfolio as of June 30, 2020, was 1.203%. The
yield to maturity of the portfolio was 1.205%. The District’s weighted average interest rate was 1 basis point (0.014%) below the LAIF
average monthly rate for June 2020 of 1.217%. The weighted average number of days to maturity for the District’s total portfolio was
871 days (2.39 years). The duration of the underlying securities in LAIF as of June 30, 2020 was 191 days.
The District’s investment portfolio is in compliance with its liquidity limitations, which requires that a minimum of 20.00% of the
portfolio must mature within one year. The percentage of the portfolio maturing in one year or less as of June 30, 2020 was 42.36%.
The District has adequate cash reserves necessary to meet its obligations for the next six months.
A majority of the District’s cash and investments is reserved or set aside for specific purposes. A description of the various
classifications of the District’s cash and investments are as follows:
Solid Waste Fund:
Operating Reserve - Equal to 30% of the operations budget of the Solid Waste Fund per Operations Code Section
4.030.020. The Operating Reserve can only be accessed with prior Board approval.
Designated for Revenue Dry Period - Equal to 5 months of budgeted operating expenses for the fiscal year to cover
the cash deficit during the period in which the District does not receive any of its annual charges from the County of
Orange. The revenue dry period is from June through October.
Undesignated - Remaining available cash, which is currently used for rate stabilization and payment of organics
recycling costs.
Wastewater Fund:
Operating Reserve - Equal to 25% of the operations budget of the Wastewater Fund per Operations Code Section
4.030.020. The Operating Reserve can only be accessed with prior Board approval.
Subject 1. Approve the Investment Report for the Month of June 2020
Meeting Jul 27, 2020 - Board of Directors Regular Meeting
Access Public
Type Action
Recommended Action That the Board of Directors Approve the Investment Report for the month of June 2020.
Goals 7.0 Finance
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Reserved for Capital Outlay - Set aside for capital improvement projects approved and budgeted by the Board, but
which have not yet been completed.
Designated for Revenue Dry Period - Equal to 5 months of budgeted operating expenses for the fiscal year to cover
the cash deficit during the period in which the District does not receive any of its annual charges from the County of
Orange. The revenue dry period is from June through October.
Undesignated - Remaining available cash, which is available to be appropriated by the Board.
Facilities Revolving Fund - Collection of fixture fees which is a restricted revenue source and can only be used for new sewer
facilities.
Asset Replacement Fund - Accumulation of funds for replacement of vehicles, equipment and computers.
Asset Management Fund - Accumulation of funds in accordance with the asset management model for long-term replacement
of sewer pipes and related infrastructure.
Legal Review
Legal review is not required.
Environmental Review
Subject activity is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section
21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures “to list those specific activities
which fall within each of the exempt classes”, and the District has adopted “CEQA Guidelines and Implementing Procedures” that
state on page 6, “”Projects” does not include….C. Continuing administrative or maintenance activities.”
Financial Review
The portfolio was budgeted to earn an average rate of 1.418% for the year ending June 30, 2020. Through June 30, 2020, the
portfolio has earned a weighted average interest rate of 1.671%.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the July 27, 2020 Board of Directors regular
meeting at District Headquarters (290 Paularino Avenue) and on the District’s website at www.cmsdca.gov.
Alternative Actions
Refer the matter back to staff.
File Attachments
Investment Report - June 2020.pdf (545 KB)
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H. ATTORNEY'S REPORTS
File Attachments
procedure.pdf.pdf (186 KB)
Subject 1. Discussion of FPPC Regulation 18707- Procedure to Publicly Identify Financial
Conflicts
Meeting Jul 27, 2020 - Board of Directors Regular Meeting
Access Public
Type Discussion
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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) - (President Ferryman)
Meeting Jul 27, 2020 - Board of Directors Regular Meeting
Access Public
Type Information
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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 2. Santa Ana River Flood Protection Agency (SARFPA) - (Director Perry)
Meeting Jul 27, 2020 - Board of Directors Regular Meeting
Access Public
Type Information
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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 3. Independent Special Districts of Orange County (ISDOC) - (Secretary Schafer)
Meeting Jul 27, 2020 - Board of Directors Regular Meeting
Access Public
Type Information
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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 4. California Special Districts Association (CSDA) - (Secretary Schafer)
Meeting Jul 27, 2020 - Board of Directors Regular Meeting
Access Public
Type Information
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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 5. Special District Risk Management Authority (SDRMA) - (Director Scheafer)
Meeting Jul 27, 2020 - Board of Directors Regular Meeting
Access Public
Type Information
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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 6. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55,
Operations Code Section 3.01.030
Meeting Jul 27, 2020 - Board of Directors Regular Meeting
Access Public
Type Information
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L. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS
Subject 1. Oral Communications and Director Comments
Meeting Jul 27, 2020 - Board of Directors Regular Meeting
Access Public
Type Discussion
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O. CLOSING ITEMS
THE NEXT REGULAR MEETING OF COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS WILL BE HELD ON
MONDAY, AUGUST 24, 2020 AT 4:30 P.M. IN THE DISTRICT'S BOARD ROOM, LOCATED AT 290 PAULARINO AVENUE,
COSTA MESA.
Subject 1. Adjourn
Meeting Jul 27, 2020 - Board of Directors Regular Meeting
Access Public
Type Procedural