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Tuesday, May 11, 2021
Board of Directors Study Session
Time: 9:30 A.M.
IMPORTANT NOTICE REGARDING MAY 11, 2021 STUDY SESSION 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 - 899 0194 1368
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 899 0194 1368#
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. 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.)
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
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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. ITEMS OF STUDY
1. Code Enforcement Officer Report – April 2021
2. Consider appointing one member to the Citizens Advisory Committee to fill the vacant two-year term ending March
2022
3. Watch Video Segment of 2021 Virtual Citizens Environmental Protection Academy regarding SB 1383 - California’s
Short-Lived Climate Pollutant Reduction Strategy
4. CR&R Environmental Services Request for an Annual Rate Adjustment for FY 2021-2023
5. Review and Discuss CMSD Condition Assessment Criteria for Replacing/Rehabilitating Sewer Force Mains
D. CLOSING ITEMS
1. Oral Communications and Director Comments
2. Adjournment
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Tuesday, May 11, 2021
Board of Directors Study Session
Time: 9:30 A.M.
IMPORTANT NOTICE REGARDING MAY 11, 2021 STUDY SESSION 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 - 899 0194 1368
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 899 0194 1368#
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. 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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Robert Ooten, President
Michael Scheafer, Vice President
Arlene Schafer, Secretary
Arthur Perry, Director
Brett Eckles, Director
Meeting May 11, 2021 - Board of Directors Study Session
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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 May 11, 2021 - Board of Directors Study Session
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Type Procedural
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C. ITEMS OF STUDY
To: Board of Directors
From: Ed Roberts, Code Enforcement Officer
Date: May 11, 2021
Subject: April 2021 Code Enforcement Officer Report
Summary
Attached is the monthly report from Officer Roberts describing his enforcement activities for the month of April regarding scavenging of
recyclable materials, trash carts stored in public view and graffiti on trash carts.
Recommendation
That the Board of Directors receives and files this report.
Analysis
In the month of April, Officer Roberts approached seven (07) individuals observed scavenging from CMSD trash carts. In the same month
he issued 105 warning notices to residents storing their trash carts in public view. Officer Roberts found no graffiti on trash carts in the
month of April.
Officer Roberts' enforcement activities are described in more detail in the attached report.
Legal Review
Not applicable.
Environmental Review
Code enforcement activities and reporting are not a disturbance of the environment similar to grading or construction and do not
constitute a project under CEQA or the District’s CEQA Guidelines.
Financial Review
Officer Roberts' activities are funded 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 May 11, 2021 Board of Directors Study
Session meeting at District Headquarters and posted on the District’s website.
Alternative Actions
1. Direct staff to report back with more information.
File Attachments
April 2021 CEO report.doc (1,096 KB)
Subject 1. Code Enforcement Officer Report – April 2021
Meeting May 11, 2021 - Board of Directors Study Session
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Type
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C. ITEMS OF STUDY
To: Board of Directors
From: Noelani Middenway, CMC
Date: May 11, 2021
Subject: Consider appointing one member to the Citizens Advisory Committee to fill the vacant one-year term ending March
2022
Summary
There is one vacancy on the Citizens Advisory Committee (CAC) that requires the Board to appoint one member to serve on the
committee.
Analysis
The Citizens Advisory Committee (CAC) consists of 11 members that provide advisory input on subject matters as desired by the Board
of Directors. CAC members serve staggered terms of one or two years. One vacancy exists with a term ending March 2022. It is now
appropriate for the Board of Directors to nominate and appoint one new member to fill said vacancy.
Two applications have been received and are included with this report for the Boards' consideration. The following individuals have
submitted applications:
Boris Gresely
Mike Corcoran
Recommendation
That the Board of Directors appoint one member to the Citizens Advisory Committee to fill one vacancy for the term ending in March
2023.
Legal Review
Not applicable.
Environmental Review
Appointing members to the Citizens Advisory Committee is an administrative matter, which will not result in direct or indirect physical
changes to the environment similar to grading or construction and is not considered a project under CEQA.
Financial Review
Not applicable.
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the May 11, 2021 Board of Directors Study
Session at District Headquarters and posted on the District’s website.
Alternative Actions
Refer the matter back to staff.
File Attachments
Subject 2. Consider appointing one member to the Citizens Advisory Committee to fill the
vacant two-year term ending March 2022
Meeting May 11, 2021 - Board of Directors Study Session
Access Public
Type Action
Recommended Action That the Board of Directors appoint one member to the Citizens Advisory Committee to fill
one vacancy for the one-year term ending March 2022
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redacted_ mike_corcoran_2021-05.pdf (144 KB)
redacted_boris_gresely_2021-05.pdf (225 KB)
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C. ITEMS OF STUDY
To: Board of Directors
From: Scott Carroll, General Manager
Date: May 11, 2021
Subject: Watch Video Segment of 2021 Virtual Citizens Environmental Protection Academy regarding SB 1383 - California’s
Short-Lived Climate Pollutant Reduction Strategy
Summary
On April 22, 2021, the District held it's first virtual Citizens Environmental Protection Academy (CEPA). One segment of CEPA was a
presentation by the City of Costa Mesa that describes how the city is complying with SB 1383, California Short-Lived Climate Pollutant
Reduction Strategy. The presentation provided very helpful and relevant information that warrants replaying the video to the public.
Recommendation
That the Board of Directors watch the video segment of CEPA regarding SB 1383 and provide direction to staff.
Analysis
To watch the presentation, please visit the YouTube link here: https://youtu.be/IibIRNhzMk4?t=1223
In September 2016, Governor Edmund Brown Jr. set methane emissions reduction targets for California (SB 1383 Lara, Chapter 395,
Statutes of 2016) in a statewide effort to reduce emissions of short-lived climate pollutants (SLCP). The targets must:
Reduce organic waste disposal 50% by 2020 and 75% by 2025
City of Costa Mesa consultant, Mike Balliet, participated in the creation of a video that describes how the City of Costa Mesa is meeting
the targets mentioned above.
Legal Review
Not applicable
Environmental Review
Watching a video regarding California’s Short-Lived Climate Pollutant Reduction Strategy s an administrative matter and not a
disturbance of the environment similar to grading or construction and not a project under CEQA or the District’s CEQA Guidelines.
Financial Review
There is no financial impacts to the District for watching the video.
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the May 11, 2021 Board of Directors Study
Session meeting at District Headquarters and posted on the District’s website.
Alternative Actions
1. Direct staff to report back with more information.
Subject 3. Watch Video Segment of 2021 Virtual Citizens Environmental Protection Academy
regarding SB 1383 - California’s Short-Lived Climate Pollutant Reduction Strategy
Meeting May 11, 2021 - Board of Directors Study Session
Access Public
Type Discussion
Goals 2.0 Solid Waste
2.1 Solid Waste - Focus on generating less contaminated materials
2.8 Solid Waste - Recycle green waste and food scraps
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C. ITEMS OF STUDY
To: Board of Directors
From: Scott Carroll, General Manager
Date: May 11, 2021
Subject: CR&R Environmental Services Request for an Annual Rate Adjustment for FY 2021-2023
Summary
Per section 3.4 of the 2018 CR&R contract, hauler rates may be considered for a Consumer Price Index (CPI) adjustment every two
years during the term of the agreement. The hauler may request a two-year CPI adjustment using prior years' data to be applied for the
two future years. Per the contract, CPI increases are not automatic and need Board of Directors approval. Contract language also
stipulates the District has the right to audit the hauler's revenue to check hauler's profit margin before the Board of Directors makes a
decision.
Recommendation
That the Board of Directors consider denying CR&R's request for an annual rate adjustment for FY 2021-2023.
Analysis
Per section 3.4 of the 2018 CR&R contract, hauler rates may be considered for a Consumer Price Index (CPI) adjustment every two
years during the term of the agreement. The hauler may request a two-year CPI adjustment using prior years' data to be applied for the
two future years. Per the contract, CPI increases are not automatic and need Board of Directors approval. CR&R submitted their
second CPI increase request on Friday March 30, 2021, via email, their request is attached to this report for your review.
In 2019, the Board of Directors approved CR&R's first CPI increase request of 5.8%, which increased solid waste expenditures by over
$535,000 for the two-year period from FY 2019-20 to FY 2020-21. The latest CPI increase request is 5.6%. If approved by the Board,
staff estimate solid waste expenditures will increase $660,400 during the next two fiscal years (FY 2021-22 & FY 2022-23).
Contract language also stipulates that the District has the right to audit the hauler's revenue to check hauler's profit margin before the
Board of Directors makes a decision. Mr. Marc Davis, District Treasurer, has obtained documents from CR&R and interviewed officials
regarding their profit margin and will give the Board an oral report of his findings at today's meeting.
CR&R is requesting a CPI increase to the following rates:
1. Hauler (Occupancy) Fee — This fee includes all costs that CR&R has for collection of mixed waste/organics and all equipment used
including vehicles and issuing carts to customers. The current rate is $10.37 per unit/per month and the proposed adjustment is $10.95
per unit/per month.
2. Processing Fee Recycling/Disposal — Cost per ton to process mixed solid waste. The current rate is $54.98 per ton. This is a net rate
to the District and includes any recyclable revenue retained by CR&R. The proposed adjustment is $58.06 per ton.
3. Conversion Technology Fee (Organics) — Current rate is $75.65 per ton, cost for delivery and processing of organic tonnage at the AD
Facility. The proposed adjustment is $79.89. A stipulation in the Agreement with CR&R states that CMSD is guaranteed the lowest
conversion technology fee and if CR&R negotiates a lower fee with another agency than CR&R must honor the lower fee to CMSD.
CR&R did provide in the attachment a list of Orange County cities that have implemented curbside organics recycling and noted their
Subject 4. CR&R Environmental Services Request for an Annual Rate Adjustment for FY
2021-2023
Meeting May 11, 2021 - Board of Directors Study Session
Access Public
Type Action, Discussion
Recommended Action That the Board of Directors consider denying CR&R's request for an annual rate adjustment
for FY 2021-2023.
Goals 2.0 Solid Waste
8.0 Finance
8.7 Finance - Ensure rates are not among the highest in the County
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conversion technology fee is higher than CMSD. However, CR&R did not provide the conversion technology fee from other clients such
as the Cities of Temecula, Hemet and Los Angeles. Staff requested this information from CR&R, and we hope to provide the information
to the Board at today's meeting.
Performance
On March 9, 2021, staff presented a review of CR&R's performance this past year. While CR&R's performance was considered
satisfactory, their performance did raise concerns from staff that we believe the Board should take into consideration when deciding to
grant or deny CR&R's request for a rate adjustment. Specifically, staff has the following concerns:
1. Staff received 348 complaints about trash carts not being emptied during their regular scheduled day, an increase of 55% from past
year, and vehicle breakdowns were 50% higher. During the week of March 29 through April 2 the Eastside neighborhood experienced
long delays getting their trash carts emptied by CR&R.
2. There were long delays for Christmas tree collections causing staff to receive many complaints from the public.
3. For several months CR&R was not in compliance with signage requirements of the agreement. On April 26, 2021, the Board did
approve a new sign design for CR&R trucks servicing the District.
4. CMSD is one of the very few agencies that provide billing services through assessments on the property tax role. This protects CR&R
from bad debt and saves CR&R money by not incurring typical expenditures for billing services (e.g. creating invoices, postage, hiring
debt collectors, etc). Staff believes the District providing its own billing service should be taken into consideration when deciding on rate
adjustments.
5. CR&R is non-compliant with the requirement of providing the District with a complete and accurate vehicle list. CR&R provided
consultant Mike Balliet a list of 12 vehicles, but only 10 vehicles on the list provided service to the District with an unlisted vehicle (57357)
employed as a spare.
6. CR&R's fleet average age is 8.5 years. Staff believes an ideal average age for a fleet of this type to be 7 years, with trucks phased out
of service after 12 years. Staff is concerned that the probability of mechanical issues leading to on-route breakdowns are increasing due
to the age of CR&R's fleet.
7. Many mixed waste routes are experiencing heavy loads (exceeding 12 tons), especially the Monday route. While these collection
vehicles can carry 12 to 14 tons, when loads are above 12 tons stopping efficiency and maneuverability are impacted. In addition, it can
be argued that operation under these heavier load conditions can lead to excessive wear and tear on compaction units, brakes, and other
operation and safety systems. Staff believes rerouting and/or adding additional units to the routes will alleviate the heavy loads.
Legal Review
Legal review is not required.
Environmental Review
Consideration of a consumer price index increase to hauler rates is an administrative matter and not a disturbance of the environment
similar to grading or construction and not a project under CEQA or the District’s CEQA Guidelines.
Financial Review
Approving CR&R's request for 5.6% rate adjustment will increase solid waste expenditures by $660,400 during the next two fiscal years
(FY 2021-22 & FY 2022-23). The additional expense is not included in the preliminary FY 2021-22 & FY 2022-23 Budgets.
If the Board approves the rate adjustment then staff believes the District will have to perform a solid waste rate study in FY 2021-22 for
increasing the annual assessment fee in FY 2022-23 and beyond. The cost to perform a solid waste study is approximately $40,000. A
solid waste study is not included in th preliminary budget, so staff would have to adjust the preliminary budget to include the study.
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the May 11, 2021 Board of Directors Study
Session meeting at District Headquarters and posted on the District’s website.
Alternative Actions
1. Approve CR&R's request for an Annual Rate Adjustment for FY 2021-2023
2. Direct staff to report back with more information.
File Attachments
CR&R Rate Adjustment letter 2021.pdf (83 KB)
CR&R Rate Adjustment 2021.xlsx (54 KB)
U.S Bureau of Labor Statistics.pdf (289 KB)
CR&R Annual Review 2019-2020 Report - MBC (1).pdf (1,370 KB)
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C. ITEMS OF STUDY
To: Board of Directors
From: Scott Carroll, General Manager
Date: May 11, 2021
Subject: Review and Discuss CMSD Condition Assessment Criteria for Replacing/Rehabilitating Sewer Force Mains
Summary
Sewer force mains are used to convey wastewater from a lower to higher elevation, particularly where the elevation of the source is not
sufficient for gravity flow. Force mains are pipelines that convey wastewater under pressure from the discharge side of a pump to a
discharge point. Pumps located in a lift station provide the energy for wastewater conveyance in force mains.
Force mains can have detrimental impacts to the environment and public health if they're compromised because of the volume of
wastewater that conveys through the pipeline. For instance, the Elden force main is the District's largest force main that conveys 3,750
gallons of wastewater per minute during peak hours. That's why it's essential to ensuring force main pipes are replaced and/or
rehabilitated before the end of their life cycle. This report will describe how the District assesses the condition of force mains for
replacement/rehabilitation and the progress being made to ensuring all District force mains are replaced/rehabilitate before they fail.
Recommendation
That the Board of Directors receive and file this report.
Analysis
Currently, the District has 4.8 miles of force mains and twenty lift stations where pumps provide the energy for wastewater conveyance
within the District. The flow of each force main varies from 3,750 (Elden) to 45 (Aviemore) gallons per minute. Since 2010, the District
has successfully replaced/rehabilitated nine (9) force mains at a cost of nearly $4 million. The following force mains have been
replaced/rehabilitated:
Irvine
Santa Ana
23rd Street
Canyon
Mendoza
Harbor
South Coast Plaza
Victoria
President
In addition, replacing/rehabilitating two force mains are underway and should be completed within a few months at an estimated
construction cost of $490,000. The two force mains are:
19th Street
Iowa
The condition assessment criteria used to determining when a force main needs to be replaced/rehabilitated is simple. Staff looks at age,
pipe material and size and flow. Other criteria include proximity to waterways, redundancy, and consequences of failure. There is a wide
array of technologies for conducting condition assessments of force mains such as infrared thermal and acoustic emissions for detecting
leaks, soil survey and corrosion analysis for structural condition and pressure and flow monitoring for hydraulic performance, but this
technology can be expensive.
Subject 5. Review and Discuss CMSD Condition Assessment Criteria for
Replacing/Rehabilitating Sewer Force Mains
Meeting May 11, 2021 - Board of Directors Study Session
Access Public
Type Discussion
Goals 1.0 Sewer Infrastructure
1.6 Sewer Infrastructure - Rehabilitate and/or replace infrastructure before reaching the
end of its life cycle
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In 2012, the District hired a company called Pipeline Inspection and Condition Analysis Corp. (PICA) to assess the pipeline condition of
Santa Ana and 23rd Street Force Mains. PICA used electromagnetic technology to determine the remaining wall thickness of the force
mains. However, before PICA can use their patent technology, the pipelines needed to be cleaned using a method called "pipeline
pigging or pig". The pigging device, which is made of flexible open cell polyurethane foam, can create challenges for sewer systems
because the device could get lodged in the pipeline. Ultimately, the pigging and PICA's technology was a success in determining the wall
thickness of the two force mains required immediate rehabilitation. The District successfully relined both force mains at a cost of
$628,000. Due to the pigging challenges at Santa Ana and 23rd Street force mains, staff feared the pigs would get lodged in other force
mains. In addition, it cost the District $71,500 to use PICA technology, which made it cost prohibitive for future force mains.
By implementing the condition assessment criteria mentioned above, staff has scheduled the following force mains will be
replaced/rehabilitated within the next four to five years at a cost of $2.5 million. The list of force mains can be found in the District's Sewer
System Management Plan (SSMP).
Aviemore
West Bluff
Gisler
Elden
21st Street
California
Sea Bluff
From 2010 to 2025 (15 years), the District will have replaced/rehabilitated 90% of force mains. The remaining force mains for
replacement/rehabilitation are Adams and Corp Yard.
Legal Review
Not applicable
Environmental Review
Reviewing and discussing condition assessment criteria for replacing/rehabilitating sewer force mains is an administrative matter and not
a disturbance of the environment similar to grading or construction and not a project under CEQA or the District’s CEQA Guidelines.
Financial Review
There are no financial impacts to the District for reviewing and discussing CMSD's condition and assessment criteria for
replacing/rehabilitating sewer force mains.
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the May 11, 2021 Board of Directors Study
Session meeting at District Headquarters and posted on the District’s website.
Alternative Actions
1. Direct staff to report back with more information.
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D. CLOSING ITEMS
Subject 1. Oral Communications and Director Comments
Meeting May 11, 2021 - Board of Directors Study Session
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Type
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D. CLOSING ITEMS
THE NEXT STUDY SESSION OF THE COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS WILL BE HELD ON
TUESDAY, JUNE 8, 2021 AT 9:30 A.M. IN THE DISTRICTS BOARD ROOM, 290 PAULARINO AVENUE, COSTA MESA.
Subject 2. Adjournment
Meeting May 11, 2021 - Board of Directors Study Session
Access Public
Type Procedural