2021_08_23_boardMonday, August 23, 2021
Board of Directors Regular Meeting
Time: 4:30 P.M.
IMPORTANT NOTICE REGARDING AUGUST 23, 2021 REGULAR BOARD MEETING
This meeting is being conducted in person at the District Headquarters (290 Paularino
Avenue, Costa Mesa) and virtually 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 paste the following into your browser - https://us02web.zoom.us/join
2. Enter the Meeting ID number - 832 0989 2356
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 832 0989 2356#
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 Ooten
2. Pledge of Allegiance - President Ooten
3. Invocation - Vice President Scheafer
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 July 13, 2021
3. Approve the Board of Directors Regular Meeting Minutes of July 26, 2021
4. Approve the Board of Directors Special Meeting Minutes of July 30, 2021
5. Adopt Warrant Resolution No. CMSD 2022-02 Approving District Warrant Registers
6. Approve the Directors' Compensation and Reimbursement of Expenses
7. Approve Payroll Transparency Disclosure for July 2021
8. Approve the preparation of a warrant to CR Transfer in the amount of $211,669.18 for July 2021
recycling and disposal services in the August 2021 warrant register
9. Receive and File Annual Report of Expenses- Fiscal Year 2020-21
10. Accept the occupancy count as presented as 23,039 and direct staff to prepare a warrant to CR&R
Environmental Services for $238,764.68 for July 2021 collection
11. Receive and File the July 2021 Organics Tonnage Report
12. Receive and File the July 2021 Solid Waste Diversion Report
13. Approve the Investment Report for the Month of July 2021
14. Receive and File the July 2021 Contracts Signed by the General Manager
D. PUBLIC HEARINGS
E. GENERAL MANAGER'S REPORTS
F. ENGINEER'S REPORTS
1. Receive and File the Capital Improvement Projects Status Report
2. Consider Approving Agreement with Robin B. Hamers & Associates for Engineering, Inspection, and
Contract Administration Services
G. TREASURER'S REPORTS
H. ATTORNEY'S REPORTS
1. Consider Adopting Resolution No. 2021-945 - Determining If a Sewer System Overflow occurring on
or about February 25 and February 27, 2021 at 1826 Pomona Avenue, Costa Mesa was the
responsibility of the owner or other persons, whether the owner should have been provided an
opportunity to self-abate the spill, and whether the charges for the abatement were reasonable
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 Ooten)
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) - (Vice President Scheafer)
6. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55, Operations Code
Section 3.01.030
J. OLD BUSINESS
K. NEW BUSINESS
L. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS
1. Oral Communications and Director Comments
M. ADJOURN TO CLOSED SESSION
N. RECONVENE TO OPEN SESSION
O. CLOSING ITEMS
1. Adjourn
Monday, August 23, 2021
Board of Directors Regular Meeting
Time: 4:30 P.M.
IMPORTANT NOTICE REGARDING AUGUST 23, 2021 REGULAR BOARD MEETING
This meeting is being conducted in person at the District Headquarters (290 Paularino
Avenue, Costa Mesa) and virtually 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 paste the following into your browser - https://us02web.zoom.us/join
2. Enter the Meeting ID number - 832 0989 2356
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 832 0989 2356#
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 Ooten
Meeting Aug 23, 2021 - Board of Directors Regular Meeting
Access Public
Type Procedural
A. OPENING ITEMS
Subject 2. Pledge of Allegiance - President Ooten
Meeting Aug 23, 2021 - Board of Directors Regular Meeting
Access Public
Type Procedural
A. OPENING ITEMS
Subject 3. Invocation - Vice President Scheafer
Meeting Aug 23, 2021 - Board of Directors Regular Meeting
Access Public
Type Procedural
A. OPENING ITEMS
Robert Ooten, President
Michael Scheafer, Vice President
Arlene Schafer, Secretary
Arthur Perry, Director
Brett Eckles, Director
Subject 4. Roll Call - (If absences occur, consider whether to deem those
absences excused based on facts presented for the absence – such
determination shall be the permission required by law.)
Meeting Aug 23, 2021 - Board of Directors Regular Meeting
Access Public
Type Procedural
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 Aug 23, 2021 - Board of Directors Regular Meeting
Access Public
Type Procedural
A. OPENING ITEMS
Subject 6. Ceremonial Matters and Presentations
Meeting Aug 23, 2021 - Board of Directors Regular Meeting
Access Public
Type Procedural
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 Aug 23, 2021 - Board of Directors Regular Meeting
Access Public
Type Procedural
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 Aug 23, 2021 - 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.
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: August 23, 2021
Subject: Approve the Board of Directors Study Session Minutes of July 13, 2021
Summary
The recorded minutes of the July 13, 2021 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 July 13, 2021.
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
Subject 2. Approve the Board of Directors Study Session Minutes of July 13,
2021
Meeting Aug 23, 2021 - 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 Jul 13, 2021 - Board of Directors Study Session
Copies of this report are on file and will be included in the complete agenda packet for the August 23, 2021 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
minutes_2021_07_13_ss.pdf (94 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.
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: August 23, 2021
Subject: Approve the Board of Directors Regular Meeting Minutes of July 26, 2021
Summary
The recorded minutes of the July 26, 2021 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 July 26, 2021.
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
Subject 3. Approve the Board of Directors Regular Meeting Minutes of July 26,
2021
Meeting Aug 23, 2021 - 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 Jul 26, 2021 - Board of Directors Regular Meeting
Copies of this report are on file and will be included in the complete agenda packet for the August 23, 2021 Board of
Directors Regular Meeting held 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
minutes_2021_07_26_rm.pdf (107 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.
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: August 23, 2021
Subject: Approve the Board of Directors Special Meeting Minutes of July 30, 2021
Summary
The recorded minutes of the July 30, 2021 Board of Directors Special Meeting 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 Special Meeting on July 30, 2021.
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
Subject 4. Approve the Board of Directors Special Meeting Minutes of July 30,
2021
Meeting Aug 23, 2021 - 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 Jul 30, 2021 - Board of Directors Special Meeting
Copies of this report are on file and will be included in the complete agenda packet for the August 23, 2021 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
minutes_2021_07_30_sm.pdf (105 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.
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: Autumn Alvarez, Accounting Clerk
Date: August 23, 2021
Subject: Adopt Warrant Resolution No. CMSD 2022-02 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
Subject 5. Adopt Warrant Resolution No. CMSD 2022-02 Approving District
Warrant Registers
Meeting Aug 23, 2021 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Budgeted Yes
Recommended
Action
That the Board of Directors adopt Warrant Resolution No. CMSD 2022-02
approving District warrants for the month of July in the amount of
$2,092,601.62.
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 August 23, 2021 Board
of Directors Regular meeting at District Headquarters and posted on the District’s website www.cmsdca.gov.
Alternative Actions
Refer item back to staff with further instructions.
File Attachments
WARRANT RESO 2022-02.pdf (507 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.
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: August 23, 2021
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 August 23, 2021 Board of
Directors Regular Meeting at District Headquarters and posted on the District’s website.
Subject 6. Approve the Directors' Compensation and Reimbursement of
Expenses
Meeting Aug 23, 2021 - 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.
Alternative Actions
1. Do not approve the compensation and reimbursement of expenses as presented.
2. Direct staff to report back with more information.
File Attachments
board_compensation.pdf (1,045 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.
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: Autumn Alvarez, Accounting Clerk
Date: August 23, 2021
Subject: Approve Payroll Transparency Disclosure for July 2021
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
Subject 7. Approve Payroll Transparency Disclosure for July 2021
Meeting Aug 23, 2021 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Fiscal Impact Yes
Budgeted Yes
Recommended
Action
That the Board of Directors approve and file the report.
Copies of this report are on file and will be included with the complete agenda packet for the August 23, 2021 Board
of Directors Regular meeting at District Headquarters and posted on the District’s website www.cmsdca.gov.
Alternative Actions
Refer item back to staff with further instructions.
File Attachments
Payroll Transparency Disclosure Jul 2021.pdf (874 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.
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: August 23, 2021
Subject: Approve the preparation of a warrant to CR Transfer in the amount of $211,669.18 for July
2021 recycling and disposal services in the August 2021 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 $211,669.18 for
July 2021 recycling and disposal services to be ratified in the August 2021 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 InvoiceTonnage Rate Amount Billed
Residential Waste - Costa Mesa 41321 1,344.60 $54.98$73,926.04*
Residential Waste - Costa Mesa 41364 1,283.91 $54.98$70,589.40*
Residential Waste - Newport Beach41322 41.01 $54.98$2,254.73
Residential Waste - Newport Beach41365 19.45 $54.98$1,069.36
Total Residential Waste 2,688.97 $147,839.53
Organics 41357 439.78 $75.65$33,269.33*
Subject 8. Approve the preparation of a warrant to CR Transfer in the amount of
$211,669.18 for July 2021 recycling and disposal services in the August
2021 warrant register
Meeting Aug 23, 2021 - 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 $211,669.18 for July 2021 recycling and disposal
services to be ratified in the August 2021 warrant register.
Organics 41400 403.97 $75.65$30,560.32*
Total Organics 843.76 $63,829.65
Grand Total 3,532.72 $211,669.18
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 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 August 23, 2021 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.
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: Autumn Alvarez, Accounting Clerk
Date: August 23, 2021
Subject: Receive and File Annual Report of Expenses- Fiscal Year 2020-21
Summary
California Government Code requires special districts to disclose, at least annually, any reimbursement paid by the
District of at least
$100 for each individual charge for services or products received by a Board Member or Staff. The Annual Report of
Expenses for
Fiscal Year 2020-21 is provided as Attachment A of this report.
Recommendation
Staff recommends that the Board of Directors receive and file the Annual Report of Expenses for the Fiscal Year
2020-21.
Analysis
Section 53065.5 of the California Government Code states that “Each special district, as defined by subdivision (a) of
Section 56036,
shall, at least annually, disclose any reimbursement paid by the district within the immediately preceding fiscal year of
at least one
hundred dollars ($100) for each individual charge for services or product received. "Individual charge" includes, but is
not limited to, one
meal, lodging for one day, transportation, or a registration fee paid to any employee or member of the governing body
of the district. The
disclosure requirement shall be fulfilled by including the reimbursement information in a document published or
printed at least annually
Subject 9. Receive and File Annual Report of Expenses- Fiscal Year 2020-21
Meeting Aug 23, 2021 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Budgeted Yes
Recommended
Action
Staff recommends that the Board of Directors receive and file the Annual Report
of
Expenses for the Fiscal Year 2020-21.
by a date determined by that district and shall be made available for public inspection.” Attached is the Annual Report
of Expenses for
the Fiscal Year 2020-21 which will be published on the District's website under the Transparency tab.
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
It is the policy of the District to encourage and promote training and educational opportunities for all District
employees so that the
services they render to the District may be made more effective. Attendance at educational seminars, conferences
and meetings by
Board Members and/or Staff are also encouraged to monitor new legal requirements and technological advancements
in the solid and
wastewater industries. The reimbursement of approved training, travel and other work related expenses are dictated
by the CMSD
Employee Handbook, Policy 2.4 and the Operations Code, Section 3.01.090; Conferences, Travel and Expenses. The
$7,410.59 of
reimbursements reported on Attachment A have met the requirements outlined above. The Annual Report of
Expenses are included on
the District's website under the Transparency tab.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the August 23, 2021 regular
Board of Directors
meeting at District Headquarters and on District’s website www.cmsdca.gov.
Alternative Actions
Refer the matter back to staff.
File Attachments
Annual Report of Expenses FY20-21 Attachment A.pdf (377 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.
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: August 23, 2021
Subject: Accept the occupancy count as presented as 23,039 and direct staff to prepare a warrant to CR&R
Environmental Services for $238,764.68 for July 2021 collection.
Summary
Accept the occupancy count as presented using 23,039 as the correct number of active units and direct staff to
prepare a warrant to CR&R Environmental Services for July 2021 collection based on this occupancy report so long
as the contractor fulfills the obligations of the agreement in the amount of $238,764.68 to be ratified in the August
2021 warrant list.
Recommendation
That the Board of Directors accept the occupancy count as presented using 23,039 as the correct number of active
units and direct staff to prepare a warrant to CR&R Environmental Services for July 2021 collection based on this
occupancy report so long as the contractor fulfills the obligations of the agreement in the amount of $238,764.68 to be
ratified in the August 2021 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 July 31, 2021, total District occupancy was at 23,039 with three (3) new accounts added and zero (0) accounts
removed since the last billing period. 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 July 2021:
Subject 10. Accept the occupancy count as presented as 23,039 and direct staff
to prepare a warrant to CR&R Environmental Services for $238,764.68
for July 2021 collection
Meeting Aug 23, 2021 - 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 $238,764.68 for July 2021 recycling and disposal
services to be ratified in the August 2021 warrant register.
23,039 x $10.3635 =$238,764.68
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 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 August 23, 2021 Board of
Directors Regular meeting at District Headquarters and posted on the District’s website.
Alternative Actions
Refer item back to staff with further instructions.
File Attachments
Occupancy Report Official- July 2021.pdf (110 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.
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: August 23, 2021
Subject: Receive and File the July 2021 Organics Tonnage Report
Summary
A total of 843.75 tons of organic waste were collected in July 2021.
Recommendation
That the Board of Directors receive and file this report.
Analysis
Below is a graph depicting the total tonnage of organic waste collected during each month of the last five fiscal years.
Additionally, a graph is included breaking down the total tonnage collected and how much material was recycled and
landfilled from the organics program.
Subject 11. Receive and File the July 2021 Organics Tonnage Report
Meeting Aug 23, 2021 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Recommended
Action
That the Board of Directors receive and file this report.
File Attachments
Organics.png (6 KB)
Organics Tonnage.png (20 KB)
Legal Review
Not applicable.
Environmental Review
Consideration of the Organics Tonnage Report 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
Not applicable.
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the August 23, 2021 Board of
Directors Regular meeting at District Headquarters and posted on the District’s website.
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.
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: August 23, 2021
Subject: Receive and File the July 2021 Solid Waste Diversion Report
Summary
Per direction from the Board of Directors the monthly solid waste diversion report has been temporarily suspended
due to inaccurate data as a result from the COVID-19 pandemic.
Recommendation
That the Board of Directors receive and file this report.
Analysis
Per direction from the Board of Directors at the April 14, 2020 Study Session meeting, the monthly solid waste
diversion report has been temporarily suspended. Due to the COVID-19 pandemic, CR&R Environmental
Services temporarily suspended their recycling processing at their Stanton Materials Recovery Facility (MRF) where
the District's mixed waste is processed from March to September 2020. Below is a chart of all solid waste collected
over the last seventeen years.
Subject 12. Receive and File the July 2021 Solid Waste Diversion Report
Meeting Aug 23, 2021 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Recommended
Action
That the Board of Directors receive and file this report.
File Attachments
Tonnage.png (40 KB)
Legal Review
Not applicable.
Environmental Review
Consideration of the Solid Waste Report 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
Not applicable.
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the August 23, 2021 Board of
Directors Regular meeting at District Headquarters and posted on the District’s website.
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.
C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
To: Board of Directors
From: Marc Davis, District Treasurer
Date: August 23, 2021
Subject: Approve the Investment Report for the Month of July 2021
Summary
Attached is the Investment Report for the month of July 2021. 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 July 2021.
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 July 31, 2021. The District’s investments are in compliance with the
Statement of Investment Policy adopted by the Board at the June 28, 2021 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 July 31, 2021,
was 0.552%. The yield to maturity of the portfolio was 0.553%. The District’s weighted average interest rate was
33 basis points (0.332%) above the LAIF average monthly rate for July 2021 of 0.221%. The weighted average
number of days to maturity for the District’s total portfolio was 825 days (2.26 years). The duration of the underlying
securities in LAIF as of July 31, 2021 was 301 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
July 31, 2021 was 41.16%. The District has adequate cash reserves necessary to meet its obligations for the next six
months.
Subject 13. Approve the Investment Report for the Month of July 2021
Meeting Aug 23, 2021 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Recommended
Action
That the Board of Directors approve the Investment Report for the month of
July 2021.
Goals 8.0 Finance
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.
Reserved for Capital Outlay - Set aside for capital improvement projects approved and budgeted by the
Board, but which have not yet been completed.
Designated for Revenue Dry Period - Equal to 5 months of budgeted operating expenses for the fiscal
year to cover the cash deficit during the period in which the District does not receive any of its annual
charges from the County of Orange. The revenue dry period is from June through October.
Undesignated - Remaining available cash, which is available to be appropriated by the Board.
Facilities Revolving Fund - Collection of fixture fees which is a restricted revenue source and can only be used
for new sewer facilities.
Asset Replacement Fund - Accumulation of funds for replacement of vehicles, equipment and computers.
Asset Management Fund - Accumulation of funds in accordance with the asset management model for long-
term replacement of sewer pipes and related infrastructure.
Legal Review
Legal review is not required.
Environmental Review
Subject activity is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public
Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own
procedures “to list those specific activities which fall within each of the exempt classes”, and the District has adopted
“CEQA Guidelines and Implementing Procedures” that state on page 6, “”Projects” does not include….C. Continuing
administrative or maintenance activities.”
Financial Review
The portfolio was budgeted to earn an average rate of 0.700% for the year ending June 30, 2022. Through July 30,
2021, the portfolio has earned a weighted average interest rate of 0.552%.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the August 23, 2021 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 - July 2021.pdf (469 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.
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: August 23, 2021
Subject: Receive and File the July 2021 Contracts Signed by the General Manager
Summary
At the January 24, 2019 Board of Directors meeting, the Board directed the General Manager to submit a list of
contracts he signed during the previous month. Below are the contracts he signed in the months of July 2021.
Recommendation
That the Board of Directors receive and file this report.
Analysis
Below are the contracts signed by the General Manager in the month of July 2021:
Contracts
1. Tripepi Smith – Communication support services. Cost: $63,820.50
2. Lan Wan Enterprise – Two-month extension providing IT management services during the transition to a new
vendor, Acorn Technology. Cost: $7,800
3. Mike Balliet Consulting – Two year contract to provide solid waste support regarding SB 1383. Cost: $34,000 a
year.
4. RBH – Preparing survey and base map for drought tolerant landscape project at HQ. Cost: $7,500
Purchase Orders
5. Haaker Equipment – Purchased two jetscan cameras that will allow staff to see what their jetting while
cleaning sewer pipes. Cost: $21,650.
Legal Review
All contracts are reviewed and approved by District Counsel before contracts are executed.
Environmental Review
Subject 14. Receive and File the July 2021 Contracts Signed by the General
Manager
Meeting Aug 23, 2021 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Recommended
Action
That the Board of Directors receive and file this report.
Goals 6.0 Administrative Management
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.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the August 23, 2021 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.
F. ENGINEER'S REPORTS
To: Board of Directors
From: Mark Esquer, District Engineer
Date: August 23, 2021
Subject: Receive and File the Capital Improvement Projects Status Report
Summary
The District Engineer has provided a memorandum with a brief summary of major capital or other engineering
activities for the period of mid-July to mid-August. The District Engineer's memorandum is attached. Also attached
is a detailed summary of the Capital Improvement Project activities and associated project cost expenses for the
previous calendar month.
Recommendation
The Board of Directors receive and file the Capital Improvement Status Report.
Analysis
Attached is information regarding project or technical sewer activities for the Board of Directors use and information.
Legal Review
Not Applicable
Environmental Review
Subject activity is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public
Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own
procedures “to list those specific activities which fall within each of the exempt classes”, and the District has adopted
“CEQA Guidelines and Implementing Procedures” that state on page 6 ”Projects” does not include …. C. Continuing
administrative or maintenance activities.”
Financial Review
Sufficient funds are available in the adopted budget
Public Notice Process
Subject 1. Receive and File the Capital Improvement Projects Status Report
Meeting Aug 23, 2021 - Board of Directors Regular Meeting
Access Public
Type Action, Receive and File
Preferred Date Aug 23, 2021
Fiscal Impact No
Budgeted Yes
Budget Source Operating Budget
Recommended
Action
The Board of Directors Receive and File the Capital Improvement Projects
Status Report
Copies of this report are on file and will be included with the complete agenda packet for the August 23, 2021, Board
of Directors Regular meeting at District Headquarters and posted on the District’s website www.cmsdca.gov.
Alternative Actions
Refer item back to staff with further instructions.
File Attachments
2021 08 Monthly Engineers Report CMSD Memorandum.pdf (187 KB)
CIP Updates August 2021 Meeting.pdf (779 KB)
F. ENGINEER'S REPORTS
To: Board of Directors
From: Mark Esquer, District Engineer
Date: August 23, 2021
Subject: Consider Approving Agreement with Robin B. Hamers & Associates for Engineering, Inspection, and
Contract Administration Services
Summary
The current agreement for district engineer services and for engineering consulting services with Robin B. Hamers &
Associates, Inc. (RBH) expires on August 30, 2021. The District proposes to enter into a new agreement for only
engineering consulting services. The engineering consultant services are typically related to capital improvement
projects, sewer permits, or special engineering studies/reports associated with technical items or problems
experienced within the sewer system.
Recommendation
That the Board of Directors approve the Agreement with Robin B. Hamers & Associates, Inc. for Engineering,
Inspection, and Contract Administration Services.
Analysis
Since 1981, the District has enjoyed a longstanding relationship with RBH. Because of this longstanding relationship,
RBH has in-depth familiarity and knowledge of District sewer assets, designs, and standards. This in-depth
understanding of the District provides them the ability to quickly provide quality engineering designs and trouble-
shooting solutions. In addition, RBH has and continues to provide quality engineering at lower than industry
fees/prices.
The District proposes to continue the relationship and recommends approval of a new agreement. The proposed
Agreement is similar to the current Agreement, except it does not include District engineer services. The engineering
consulting services are primarily related to capital improve projects, but a small portion of services are related to
inspection or support of permit-related projects within the service area. The engineering consultant services include,
but are not limited to, master planning development, engineering modeling, engineering project design, development
Subject 2. Consider Approving Agreement with Robin B. Hamers & Associates
for Engineering, Inspection, and Contract Administration Services
Meeting Aug 23, 2021 - Board of Directors Regular Meeting
Access Public
Type Action
Preferred Date Aug 23, 2021
Fiscal Impact Yes
Dollar Amount $380,000.00
Budgeted Yes
Budget Source CIP and Operating Budgets
Recommended
Action
That the Board of Director approve the Agreement with Robin B. Hamers &
Associates, Inc. for Engineering, Inspection, and Contract Administration
Services.
of capital plans and specifications, development of bidding documents, construction administration services,
inspection services, and engineering studies, calculations, and reports, among other engineering related services
assigned by the District Engineer.
The District estimates the annual cost of services at $350,000 to $425,000, depending on the number of CIP projects
implemented and the number of sewer permits issued/inspected. These estimated annual costs are budgeted within
the annual capital improvement budget and/or permit fees paid by customers. RBH submits invoices monthly for
review and approval to the District Engineer. The invoices are submitted by capital project, by permit services, or
other engineering services rendered.
Legal Review
District Counsel has reviewed and approved the Agreement.
Environmental Review
The hiring of staff or consulting resources is not a project under CEQA because there isn't possibility the action will
impact the environment (14 Cal. Code Regs. 15060).
Financial Review
Staff estimates the annual engineering costs between $350,000 and $425,000, depending on number of capital
improvement projects and permits issued. For example, the engineering fees/cost associated with a $2,000,000 CIP
budget could be $300,000 (15% of capital delivery costs). Typically, capital project budgets contain funds for design,
bidding, contract administration, survey work, soils compaction testing, inspection, in addition to other construction-
related work by the District. These various items range between 10% and 20% of budgeted amounts. In addition,
there would be an estimated $40,000 to $80,000 ($60,000 average) for permit-related inspections.
Current rates, within the civil engineering industry, for a principal civil engineer/owner range between $185 per hour to
over $225 per hour. Senior engineering principal rates may be as high as $285 per hour for larger firms. As
comparison, RBH is proposing a $130 per hour rate for the civil engineering principal/owner; substantially less than
market value compared to other full-service, engineering firms. As information, RBH currently charges $105 per hour
and has done so since 2015.
The annual costs are budgeted within the CIP project budgets and permit fees charged to customers.
The benefits associated with this hybrid approach and cost of engineering services include:
a. Institutional knowledge via RBH and transferred to the District Engineer.
b. Expedited CIP project delivery through the District Engineer and RBH supporting one another.
c. Stable District staffing levels as RBH provides increase or decreased resources depending on annual CIP program
or issued permits.
d. Backup support and resources for sanitary sewer overflow events, District emergencies, and resources available to
complete short-term increases in engineering workload.
e. Reduced/shared risks associated with errors, omissions, or liability.
Project Notice Process
Copies of this Board item and associated agreement are on file and will be included with the agenda package for the
August 23, 2021 regular Board of Directors meeting at District Headquarters and on the District website.
Alternative Action
1. Approve a four-month extension of the current RBH contract and direct staff to seek another firm or issue proposals
to provide engineering consulting services.
2. Approve a 60-day extension of the current RBH contract and direct staff to report back with more information or
address comments.
File Attachments
2021 07 RBH AGREEMENT FOR CONSULTANT SERVICES ver 0.pdf (130 KB)
H. ATTORNEY'S REPORTS
To: Board of Directors
From: Alan Burns, District Counsel
Date: August 23, 2021
Subject: Consider Adopting Resolution No. 2021-945 - Determining If a Sewer System Overflow occurring on
or about February 25 and February 27, 2021 at 1826 Pomona Avenue, Costa Mesa was the responsibility of
the owner or other persons, whether the owner should have been provided an opportunity to self-abate the
spill, and whether the charges for the abatement were reasonable
Summary
On July 30, 2021, the Board of Directors held a public hearing after it was duly noticed. The purpose of the hearing
was to determine whether the owner or others were responsible for a Sewer System Overflow (SSO) at 1826 Pomona
Ave, Costa Mesa; whether the owner should have been allowed to abate the spill; and whether the costs of
abatement were reasonable.
Recommendation
That the Board of Directors Considers Adopting Resolution No. 2021-945 - Determining If a Sewer System Overflow
occurring on or about February 25 and February 27, 2021 at 1826 Pomona Avenue, Costa Mesa was the
responsibility of the owner or other persons, whether the owner should have been provided an opportunity to self-
abate the spill, and whether the charges for the abatement were reasonable
Analysis
Two SSOs occurred on two separate days at 1826 Pomona Avenue. The SSOs occurred on February 25 and
February 27, 2021. Because the SSOs occurred after regular business hours (February 25) and on the weekend
(February 27), the District contractor, CR Drains responded to both incidents and abated the spills for health and
safety reasons. CR Drains, and later confirmed by District staff, determined the owner, or the person in charge of the
property, is responsible for the sewer spills because the private lateral was not properly maintained.
Subject 1. Consider Adopting Resolution No. 2021-945 - Determining If a Sewer
System Overflow occurring on or about February 25 and February 27,
2021 at 1826 Pomona Avenue, Costa Mesa was the responsibility of the
owner or other persons, whether the owner should have been provided
an opportunity to self-abate the spill, and whether the charges for the
abatement were reasonable
Meeting Aug 23, 2021 - Board of Directors Regular Meeting
Access Public
Type Action
Recommended
Action
That the Board of Directors Considers Adopting Resolution No. 2021-945 -
Determining If a Sewer System Overflow occurring on or about February 25 and
February 27, 2021 at 1826 Pomona Avenue, Costa Mesa was the responsibility
of the owner or other persons, whether the owner should have been provided
an opportunity to self-abate the spill, and whether the charges for the
abatement were reasonable
Goals 1.0 Sewer Infrastructure
1.1 Sewer Infrastructure - Prevent Sanitary Sewer Overflows (SSOs)
The owner took the position that the SSOs were caused by problems in the District mainline, and refused to
reimburse the District for costs incurred for abating the spills. Chapter 6.10 of the District's Operations Code gives the
District authority for cost recovery, before a lien may be placed, the District is required to provide the owner with due
process and a chance to object to the lien, as per Operations Code §6.02.060 and Chapter 6.10.
On July 15, 2021 at approximately 4:40 pm, a co-occupant residing at the owner's official residency accepted the
notice from the District. In addition, on July 22, 2021, staff emailed the owner a copy of the proof of service and notice
and on the same day, staff texted owner requesting he check his email. On July 29, 2021 at approximately 4:12 p.m.,
the owner requested a continuance of the hearing. On July 30, the Board considered the owners request for a
continuance, but the Board denied the owner's request and the hearing continued on the same day.
After staff presented their evidence and answered questions, the Board directed District Counsel to return with a
resolution determining both SSOs on February 25 and February 27 at 1826 Pomona Avenue is the responsibility of
the owner, the owner was given the opportunity to self abate the spills and the Board determined that the charges for
the abatement are reasonable.
Legal Review
District Counsel prepared the attached resolution.
Environmental Review
Consideration of placing charges on the property tax roll 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
As of July 30, the total amount owed to the District is $1,320.86. However, the balance will increase with interest and
late penalty fees if the owner continues refusing the pay the charges.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the August 23, 2021 Board
of Directors Regular meeting at District Headquarters and posted on the District’s website www.cmsdca.gov.
Alternative Actions
1. Do not approve resolution and direct staff to report back with more information.
File Attachments
resolution_2021-945.pdf (145 KB)
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 Ooten)
Meeting Aug 23, 2021 - Board of Directors Regular Meeting
Access Public
Type Information
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 Aug 23, 2021 - Board of Directors Regular Meeting
Access Public
Type Information
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 Aug 23, 2021 - Board of Directors Regular Meeting
Access Public
Type Information
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 Aug 23, 2021 - Board of Directors Regular Meeting
Access Public
Type Information
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) - (Vice
President Scheafer)
Meeting Aug 23, 2021 - Board of Directors Regular Meeting
Access Public
Type Information
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 Aug 23, 2021 - Board of Directors Regular Meeting
Access Public
Type Information
L. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS
Subject 1. Oral Communications and Director Comments
Meeting Aug 23, 2021 - Board of Directors Regular Meeting
Access Public
Type Discussion
O. CLOSING ITEMS
THE NEXT REGULAR MEETING OF COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS WILL BE
HELD ON SEPTEMBER 27, 2021 IN THE DISTRICT'S BOARD ROOM, 290 PAULARINO AVENUE, COSTA
MESA AND VIA TELECONFERENCE.
Subject 1. Adjourn
Meeting Aug 23, 2021 - Board of Directors Regular Meeting
Access Public
Type Procedural