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Monday, September 27, 2021
Board of Directors Regular Meeting
Time: 4:30 P.M.
Location: 290 Paularino Ave, Costa Mesa, CA 92626 & Zoom (see teleconference joining instructions
below)
***
IMPORTANT NOTICE REGARDING SEPTEMBER 27, 2021 REGULAR BOARD MEETING
This hybrid in-person and teleconferenced meeting will utilize 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 real time during the meeting
or prior to the meeting in writing for the Board of Directors' consideration by sending them to the
District Clerk, Noelani Middenway, at nmiddenway@cmsdca.gov. Those comments will be made part
of the official public record of the meeting.
***
Obtaining Agenda Materials: The public is entitled to copies of all documents that are made part of
the agenda packet. If any document or other writing pertaining to an agenda item is distributed to
all or a majority of the Board after the packet is prepared, a copy of that writing may be obtained
from the District Clerk's Office.
***
In Compliance with ADA: Contact District Clerk, Noelani Middenway, at (949) 645-8400, 48 hours
prior to meeting if assistance is needed (28 CFR 35.102.35.104 ADA Title II).
A. OPENING ITEMS
1. Call to Order - President Ooten
2. Pledge of Allegiance - President Ooten
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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 August 10, 2021
3. Approve the Board of Directors Regular Meeting Minutes of August 23, 2021
4. Adopt Warrant Resolution No. CMSD 2022-03 Approving District Warrant Registers
5. Approve the Directors' Compensation and Reimbursement of Expenses
6. Approve Payroll Transparency Disclosure for August 2021
7. Approve the preparation of a warrant to CR Transfer in the amount of $219,527.23 for August 2021 recycling and
disposal services in the September 2021 warrant register
8. Accept the occupancy count as presented as 23,040 and direct staff to prepare a warrant to CR&R Environmental
Services for $238,775.04 for August 2021 collection
9. Receive and File the August 2021 Organics Tonnage Report
10. Receive and File the August 2021 Solid Waste Diversion Report
11. Receive and File Fiscal Year 2020-21 Annual Compliance Report for Requirements of Government Code Section
66013 (d) for Capacity Charges.
12. Approve the Investment Report for the Month of August 2021
13. Receive and File the August 2021 Contracts Signed by the General Manager
D. PUBLIC HEARINGS
E. GENERAL MANAGER'S REPORTS
1. Review and File the Adopted Biennial Budget Fiscal Years 2021-22 and 2022-23
2. Consider Giving the General Manager Authority to Auction Three (3) Portable By-Pass Pumps (Units 1007, 1008 &
1010)
F. ENGINEER'S REPORTS
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1. Receive and File the Capital Improvement Projects Status Report
2. Project No. 322 Iowa Force Main Replacement: Accept Improvements as Completed, File Notice of Completion,
Exonerate Labor and Materials Bond and Exonerate Faithful Performance Bond
G. TREASURER'S REPORTS
H. ATTORNEY'S REPORTS
1. Consider Adopting Resolution No. 2021-946 Authorizing Remote Meetings
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
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Monday, September 27, 2021
Board of Directors Regular Meeting
Time: 4:30 P.M.
Location: 290 Paularino Ave, Costa Mesa, CA 92626 & Zoom (see teleconference joining instructions
below)
***
IMPORTANT NOTICE REGARDING SEPTEMBER 27, 2021 REGULAR BOARD MEETING
This hybrid in-person and teleconferenced meeting will utilize 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 real time during the meeting
or prior to the meeting in writing for the Board of Directors' consideration by sending them to the
District Clerk, Noelani Middenway, at nmiddenway@cmsdca.gov. Those comments will be made part
of the official public record of the meeting.
***
Obtaining Agenda Materials: The public is entitled to copies of all documents that are made part of
the agenda packet. If any document or other writing pertaining to an agenda item is distributed to
all or a majority of the Board after the packet is prepared, a copy of that writing may be obtained
from the District Clerk's Office.
***
In Compliance with ADA: Contact District Clerk, Noelani Middenway, at (949) 645-8400, 48 hours
prior to meeting if assistance is needed (28 CFR 35.102.35.104 ADA Title II).
A. OPENING ITEMS
Subject 1. Call to Order - President Ooten
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Meeting Sep 27, 2021 - Board of Directors Regular Meeting
Access Public
Type Procedural
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A. OPENING ITEMS
Subject 2. Pledge of Allegiance - President Ooten
Meeting Sep 27, 2021 - Board of Directors Regular Meeting
Access Public
Type Procedural
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A. OPENING ITEMS
Subject 3. Invocation - Vice President Scheafer
Meeting Sep 27, 2021 - Board of Directors Regular Meeting
Access Public
Type Procedural
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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 Sep 27, 2021 - Board of Directors Regular Meeting
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Type Procedural
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A. OPENING ITEMS
Subject 5. Announcement of Late Communications - Unless directed otherwise by the Board
of Directors, all actions shall be based on/memorialized by the latest document
submitted as a late communication.
Meeting Sep 27, 2021 - Board of Directors Regular Meeting
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Type Procedural
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A. OPENING ITEMS
Subject 6. Ceremonial Matters and Presentations
Meeting Sep 27, 2021 - Board of Directors Regular Meeting
Access Public
Type Procedural
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B. Public Comments - This time has been set aside for persons in the audience to
make comments on items within the subject matter jurisdiction of the Costa Mesa
Sanitary District that are not listed on this agenda. Members of the public will
have the opportunity to address the Board of Directors about all other items on
this agenda at the time those items are considered. Under the provisions of the
Brown Act, the Board of Directors is prohibited from taking action on oral
requests but may refer the matter to staff or to a subsequent meeting. The Board
of Directors will respond after public comment has been received. Please state
your name. Each speaker will be limited to four (4) continuous minutes.
Subject 1. Public Comments
Meeting Sep 27, 2021 - Board of Directors Regular Meeting
Access Public
Type Procedural
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C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
Subject 1. Approve Consent Calendar
Meeting Sep 27, 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.
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C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Gina Terraneo, Management Analyst II
Date: September 27, 2021
Subject: Approve the Board of Directors Study Session Minutes of August 10, 2021
Summary
The recorded minutes of the August 10, 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 August 10, 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
Copies of this report are on file and will be included in the complete agenda packet for the September 27, 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
Subject 2. Approve the Board of Directors Study Session Minutes of August 10, 2021
Meeting Sep 27, 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 Aug 10, 2021 - Board of Directors Study Session
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minutes_2021_08_10_ss.pdf (81 KB)
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after
public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is
waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent
calendar as a whole.
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C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Gina Terraneo, Management Analyst II
Date: September 27, 2021
Subject: Approve the Board of Directors Regular Meeting Minutes of August 23, 2021
Summary
The recorded minutes of the August 23, 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 August 23, 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
Copies of this report are on file and will be included in the complete agenda packet for the September 27, 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
Subject 3. Approve the Board of Directors Regular Meeting Minutes of August 23, 2021
Meeting Sep 27, 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 Aug 23, 2021 - Board of Directors Regular Meeting
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minutes_2021_08_23_rm.pdf (108 KB)
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after
public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is
waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent
calendar as a whole.
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C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Autumn Alvarez, Accounting Clerk
Date: September 27, 2021
Subject: Adopt Warrant Resolution No. CMSD 2022-03 Approving District Warrant Registers
Summary
Attached is the Warrant Resolution, which ratifies the payment of certain claims and demands and specifies the funds from which they
were paid.
Recommendation
That the Board of Directors approve and file the report.
Analysis
Attached is the Warrant Resolution, which ratifies the payment of certain claims and demands and specifies the funds from which they
were paid.
Legal Review
Not Applicable.
Environmental Review
Subject activity is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section
21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures “to list those specific activities
which fall within each of the exempt classes”, and the District has adopted “CEQA Guidelines and Implementing Procedures” that state
on page 6 “”Projects” does not include .... C. Continuing administrative or maintenance activities."
Financial Review
Sufficient funds are available in the adopted budget.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the September 27, 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.
Subject 4. Adopt Warrant Resolution No. CMSD 2022-03 Approving District Warrant
Registers
Meeting Sep 27, 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 2022-03 approving District
warrants for the month of August in the amount of $883,645.84.
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File Attachments
WARRANT-RESO 2022-03.pdf (489 KB)
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after
public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is
waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent
calendar as a whole.
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C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Noelani Middenway, District Clerk & Public Information Officer
Date: September 27, 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 September 27, 2021 Board of Directors
Regular Meeting at District Headquarters and posted on the District’s website.
Alternative Actions
1. Do not approve the compensation and reimbursement of expenses as presented.
2. Direct staff to report back with more information.
File Attachments
board_compensation.pdf (1,086 KB)
board_reimbursement.pdf (621 KB)
Subject 5. Approve the Directors' Compensation and Reimbursement of Expenses
Meeting Sep 27, 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.
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All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after
public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is
waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent
calendar as a whole.
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C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Autumn Alvarez, Accounting Clerk
Date: September 27, 2021
Subject: Approve Payroll Transparency Disclosure for August 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
Copies of this report are on file and will be included with the complete agenda packet for the September 27, 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
Subject 6. Approve Payroll Transparency Disclosure for August 2021
Meeting Sep 27, 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.
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Payroll Transparency Disclosure Aug 2021.pdf (945 KB)
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after
public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is
waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent
calendar as a whole.
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C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Nabila Guzman, Management Analyst I
Date: September 27, 2021
Subject: Approve the preparation of a warrant to CR Transfer in the amount of $219,527.23 for August 2021 recycling and
disposal services in the September 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 $219,527.23 for August 2021 recycling
and disposal services to be ratified in the September 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 InvoiceTonnageRate Amount Billed
Residential Waste - Costa Mesa 41556 1,396.47 $54.98$76,777.94*
Residential Waste - Costa Mesa 41512 1,346.32 $54.98$74,020.68*
Residential Waste - Newport Beach41513 36.83 $54.98$2,024.91
Residential Waste - Newport Beach41557 27.41 $54.98$1,507.01*
Total Residential Waste 2,807.03 $154,330.54
Organics 41546 381.68 $75.65$28,874.11*
Organics 41592 480.14 $75.65$36,322.58*
Total Organics 861.82 $65,196.69
Grand Total 3,668.85 $219,527.23
Legal Review
Not Applicable
Subject 7. Approve the preparation of a warrant to CR Transfer in the amount of
$219,527.23 for August 2021 recycling and disposal services in the September
2021 warrant register
Meeting Sep 27, 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 $219,527.23 for August 2021 recycling and disposal services to be ratified in the
September 2021 warrant register.
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Environmental Review
Subject activity is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section
21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures “to list those specific activities which
fall within each of the exempt classes”, and the District has adopted “CEQA Guidelines and Implementing Procedures” that state on page
6 ”Projects” does not include …. C. Continuing administrative or maintenance activities.”
Financial Review
Sufficient funds are available in the adopted budget to pay for the services provided.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the September 27, 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.
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C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Nabila Guzman, Management Analyst I
Date: September 27, 2021
Subject: Accept the occupancy count as presented as 23,040 and direct staff to prepare a warrant to CR&R Environmental
Services for $238,775.04 for August 2021 collection.
Summary
Accept the occupancy count as presented using 23,040 as the correct number of active units and direct staff to prepare a warrant to
CR&R Environmental Services for August 2021 collection based on this occupancy report so long as the contractor fulfills the obligations
of the agreement in the amount of $238,775.04 to be ratified in the September 2021 warrant list.
Recommendation
That the Board of Directors accept the occupancy count as presented using 23,040 as the correct number of active units and direct staff
to prepare a warrant to CR&R Environmental Services for August 2021 collection based on this occupancy report so long as the
contractor fulfills the obligations of the agreement in the amount of $238,775.04 to be ratified in the September 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 August 31, 2021, total District occupancy was at 23,040 with one (1) 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 August 2021:
23,040 x $10.3635 =$238,775.04
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
Subject 8. Accept the occupancy count as presented as 23,040 and direct staff to prepare a
warrant to CR&R Environmental Services for $238,775.04 for August 2021
collection
Meeting Sep 27, 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 $238,775.04 for August 2021 recycling and disposal services to be ratified in the
September 2021 warrant register.
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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 September 27, 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
2021-08-G CMSD Occupancy Report.pdf (77 KB)
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after
public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is
waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent
calendar as a whole.
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C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Nabila Guzman, Management Analyst I
Date: September 27, 2021
Subject: Receive and File the August 2021 Organics Tonnage Report
Summary
A total of 861.82 tons of organic waste were collected in August 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 9. Receive and File the August 2021 Organics Tonnage Report
Meeting Sep 27, 2021 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Recommended Action That the Board of Directors receive and file this report.
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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 September 27, 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
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listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent
calendar as a whole.
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C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Nabila Guzman, Management Analyst I
Date: September 27, 2021
Subject: Receive and File the August 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 10. Receive and File the August 2021 Solid Waste Diversion Report
Meeting Sep 27, 2021 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Recommended Action That the Board of Directors receive and file this report.
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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 September 27, 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.
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C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Kaitlin Tran, Finance Manager
Date: September 27, 2021
Subject: Receive and File Fiscal Year 2020-21 Annual Compliance Report for Requirements of Government Code Section 66013
(d) for Capacity Charges.
Summary
Staff is providing the Board with the Annual Compliance Report to fulfill the information and reporting requirements of Government Code
Section 66013(d) for Capacity Charges.
Recommendation
Staff recommends the Board receive and file this report.
Analysis
On May 27, 2010 the Board adopted Ordinance No. 76, revising the charges collected by the District and establishing that fixture fees are
capacity charges and making related clarifying changes. (CMSD § 6.04.040) Fixture fees are capacity charges for public facilities in
existence at the time a charge is imposed or charges for new public facilities to be acquired or constructed in the future that are of
proportional benefit to the person or property being charged, including supply or capacity contracts for rights or entitlements, real property
interests, and entitlements and other rights of the local agency involving capital expense relating to its use of existing or new public
facilities.
Upon payment of the fees, the money shall be deposited in a separate capital facilities account maintained in accordance with
Government Code Section 66013(d). For each such separate account, the District shall, within one hundred eighty (180) days of the
close of the fiscal year, make available to the public the following information:
(1) A description of the charges deposited in the fund.
(2) The beginning and ending fund balance of the fund and the interest earned from investment of moneys in the fund.
(3) The amount of charges collected in that fiscal year.
(4) An identification of all of the following:
(A) Each public improvement on which charges were expended and the amount of the expenditure for each improvement,
including the percentage of the total cost of the public improvement that was funded with those charges if more than one source
of funding was used.
(B) Each public improvement on which charges were expended that was completed during that fiscal year.
(C) Each public improvement that is anticipated to be undertaken in the following fiscal year.
Subject 11. Receive and File Fiscal Year 2020-21 Annual Compliance Report for
Requirements of Government Code Section 66013 (d) for Capacity Charges.
Meeting Sep 27, 2021 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Recommended Action Staff recommends the Board receive and file this report.
Goals 8.0 Finance
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(5) A description of each interfund transfer or loan made from the capital facilities fund. The information provided, in the case of an
interfund transfer, shall identify the public improvements on which the transferred moneys are, or will be, expended. The information, in
the case of an interfund loan, shall include the date on which the loan will be repaid, and the rate of interest that the fund will receive on
the loan.
Legal Review
District Counsel has reviewed this report. The report complies with Gov. Code § 66013 and CMSD Operations Code 6.04.040.
Environmental Review
Preparing the yearly compliance report is categorically exempt under 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
Finance staff confirms that the Annual Compliance Report presents fairly the financial activity of the Facilities Revolving Fund for the
fiscal year ending June 30, 2021. During the fiscal year 2020-21, the Facilities Revolving Fund received $90,674 in capacity charges, and
interest earnings of $681 for the fiscal year. Due to cancellation and refund of two projects by the contractors there were refunds issued
for a total of $189. There were no expenditures incurred during the fiscal year. As of June 30, 2021, the funds available in the Facilities
Revolving Fund were $467,217 . These funds are designed for the purchase and installation of Emergency Battery Storage for Solar
Photovoltaic System and the Drought Tolerant Landscape projects at Headquarters in FY 2021-22. The total costs of $235,000 is
included in the adopted budget.
In comparison, the capacity charges collected in fiscal year 2019-20 were $376,051. The increase of $91,166 in capacity charges
collected over the prior fiscal year was the result of the timing of payments received and an increase in new development construction.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the September 27, 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 Compliance Report for Capacity Charges FY20-21.pdf (93 KB)
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after
public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is
waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent
calendar as a whole.
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C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
To: Board of Directors
From: Marc Davis, District Treasurer
Date: September 27, 2021
Subject: Approve the Investment Report for the Month of August 2021
Summary
Attached is the Investment Report for the month of August 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 August 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 August 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 August 31, 2021, was 0.604%. The
yield to maturity of the portfolio was 0.604%. The District’s weighted average interest rate was 38 basis points (0.383%) above the LAIF
average monthly rate for August 2021 of 0.221%. The weighted average number of days to maturity for the District’s total portfolio was
946 days (2.59 years). The duration of the underlying securities in LAIF as of August 31, 2021 was 312 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 August 31, 2021 was 34.33%. The District
has adequate cash reserves necessary to meet its obligations for the next six months.
A majority of the District’s cash and investments is reserved or set aside for specific purposes. A description of the various classifications
of the District’s cash and investments are as follows:
Solid Waste Fund:
Operating Reserve - Equal to 30% of the operations budget of the Solid Waste Fund per Operations Code Section
4.030.020. The Operating Reserve can only be accessed with prior Board approval.
Designated for Revenue Dry Period - Equal to 5 months of budgeted operating expenses for the fiscal year to cover the
cash deficit during the period in which the District does not receive any of its annual charges from the County of Orange.
Subject 12. Approve the Investment Report for the Month of August 2021
Meeting Sep 27, 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 August 2021.
Goals 8.0 Finance
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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 August 31, 2021, the portfolio
has earned a weighted average interest rate of 0.577%.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the September 27, 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 - August 2021.pdf (498 KB)
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after
public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is
waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent
calendar as a whole.
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C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
To: Board of Directors
From: Scott Carroll, General Manager
Date: September 27, 2021
Subject: Receive and File the August 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 August 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 August 2021:
Contracts
1. David Volz Design Landscape Architects – Design drought tolerant and drip irrigation landscaping at HQ. Cost: $27,000
2. True North Research – Citizen survey services. Surveying 1,000 residents regarding CMSD services. Cost: $38,530
3. Robert D. Niehaus, Inc. – Perform wastewater rate study. Cost: $29,500
4. Secureworks Security Consultant Solutions – Cybersecurity consulting services. Cost: $18,290.40
5. GCI Construction – Change Order for Project #322 Iowa Pump Station Force Main Replacement. Install composite manhole
covers. Cost: 604.00
Purchase Orders
6. SpringML Inc – Map View and List View improvements to the artificial intelligence web application for manhole cover inspections.
Cost: $4,500
Legal Review
All contracts are reviewed and approved by District Counsel before contracts are executed.
Environmental Review
Providing the Board of Directors a monthly list of contracts signed by the General Manager is an administrative matter that will not result
in direct or indirect physical changes in the environment and is not considered a "project".
Financial Review
There is adequate funding in the budget for the expenses referenced above.
Public Notice Process
Subject 13. Receive and File the August 2021 Contracts Signed by the General Manager
Meeting Sep 27, 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
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Copies of this report are on file and will be included with the entire agenda packet for the September 27, 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.
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E. GENERAL MANAGER'S REPORTS
To: Board of Directors
Via: Scott Carroll, General Manager
From: Kaitlin Tran, Finance Manager
Date: September 27, 2021
Subject: Review and File the Adopted Biennial Budget Fiscal Years 2021-22 and 2022-23
Summary
The Costa Mesa Sanitary District’s budget is prepared on a biennial basis and is based on the priorities, goals and objectives established
by the Board of Directors. The Biennial Budget Fiscal Years 2021-22 and 2022-23 process began in January 2021 and after a series of
meetings, the budget was adopted in June 2021.
Recommendation:
That the Board of Directors receive and file this report.
Analysis
The District’s budget process begins in January with each department’s review and analysis of their department’s previous years'
expenditures. After the departments have submitted budget requests and have met with the Finance Department, the Finance
Department reviews all supporting documentation. The information is then analyzed and compiled into the preliminary budget. The
General Manager and Finance Department meet to discuss each department’s budget requests by the end of March. The preliminary
budgets are then presented to the Board of the Directors and the public for the first time at the Study Session Meeting in April. The
preliminary budgets are also presented to the Citizens Advisory Committee and at Special Meetings. The Finance Department
incorporates recommendations provided by the Board of Directors and the public into the proposed budget. After a series of meetings,
the budget is ultimately adopted at the June Board of Directors meeting.
After the budget is adopted, the Finance Department compiles the budget document, which is attached to this staff report. This year will
be the first year the District applies for the Government Finance Officers Association (GFOA) Distinguished Budget Presentation Awards
Program (Budget Awards Program). The program was established in 1984 to encourage and assist state and local governments to
prepare budget documents of the very highest quality that reflect both the guidelines established by the National Advisory Council on
State and Local Budgeting and the GFOA's best practices on budgeting, and then to recognize individual governments that succeed in
achieving that goal. Over 1600 governments, including states, cities, counties, special districts, school districts, and more, have been
recognized for transparency in budgeting. To earn this recognition, the budget document must meet program criteria and excel as a policy
document, financial plan, operations guide, and communication tool.
Legal Review
Not Applicable.
Environmental Review
Subject activity is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section
21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures “to list those specific activities which
fall within each of the exempt classes”, and the District has adopted “CEQA Guidelines and Implementing Procedures” that state on page
6 “”Projects” does not include …. C. Continuing administrative or maintenance activities.”
Financial Review
The cost to apply for the GFOA Distinguished Budget Presentation Awards Program is $345, which was included in the adopted budget.
Public Notice Process
Subject 1. Review and File the Adopted Biennial Budget Fiscal Years 2021-22 and 2022-23
Meeting Sep 27, 2021 - Board of Directors Regular Meeting
Access Public
Type Receive and File
Goals 8.0 Finance
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Copies of this report are on file and will be included with the entire agenda packet for the September 27, 2021 Board of Directors regular
meeting at District Headquarters and on District website www.cmsdca.gov
Alternative Actions
1. Refer the matter back to staff for additional information.
File Attachments
Adopted Biennial Budget Fiscal Years 2021-22 and 2022-23.pdf (10,312 KB)
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E. GENERAL MANAGER'S REPORTS
To: Board of Directors
From: Scott Carroll, General Manager
Date: September 27, 2021
Subject: Consider Giving the General Manager Authority to Auction Three (3) Portable By-Pass Pumps (Units 1007, 1008 &
1010)
Summary
When sewer lines require repair and/or rehabilitation, or when sewer lift stations are experiencing high flow levels due to power outages
and a portable generator is unavailable, sewage cannot simply be diverted. It must be by-passed or temporarily pumped around the pipe
or lift station. To do this, pumps capable of pumping sewage laden effluent are used.
Recommendation
That the Board of Directors give the General Manager authority to auction three portable by-pass pumps: Units 1007, 1008, and 1010.
Analysis
In the District's fleet are three trailer-mounted diesel-operated by-pass pumps that are 11-14 years old. The units have to be replaced
because the South Coast Air Quality Management District (AQMD) will no longer issue permits for the units because the diesel engines
do not comply with clean air regulations. Attachment 1 is a picture of a by-pass unit that is currently in the District's fleet.
The District recently purchased replacement units from Charles King Company at a total cost of $106,446 for two units. Attachment 2 is a
brochure of the new unit. Delivery of all three units is expected to be in the first week of October 2021.
Legal Review
Not applicable
Environmental Review
The sale of a portable generator is not a project under CEQA. Approval of the sale of surplus property does not have reasonably
foreseeable environmental impacts. Friends of the Sierra R.R. v. Tuolumne Park & Recreation Dist. (2007) 147 Cal. App. 643.
Financial Review
The District paid a total of $138,000 for Units 1007, 1008 and 1010. Typically, there is a ten percent commission paid to the auction
company, so staff does not anticipate recouping the total amount paid to acquire the units. Staff estimates the District will receive less
than $50,000 for all three units.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the September 27, 2021 regular meeting at District
Headquarters and on District website at www.cmsdca.gov.
Alternative Actions
1. Do not auction Units 1007, 1008 and 1010.
2. Direct staff to report back with more information.
Subject 2. Consider Giving the General Manager Authority to Auction Three (3) Portable By-
Pass Pumps (Units 1007, 1008 & 1010)
Meeting Sep 27, 2021 - Board of Directors Regular Meeting
Access Public
Type Action
Recommended Action That the Board of Directors give the General Manager authority to auction three portable by-
pass pumps: Units 1007, 1008, and 1010.
Goals 6.0 Administrative Management
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File Attachments
Attachment 1 Bypass Pump.jpg (490 KB)
Attachment 2 Pioneer Bypass Pump.pdf (451 KB)
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F. ENGINEER'S REPORTS
To: Board of Directors
From: Mark Esquer, District Engineer
Date: September 27, 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-August to mid-September. 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
Copies of this report are on file and will be included with the complete agenda packet for the September 27, 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 09 Monthly Engineers Report CMSD Memorandum.pdf (188 KB)
CIP Updates Sept 2021 Meeting.pdf (718 KB)
Subject 1. Receive and File the Capital Improvement Projects Status Report
Meeting Sep 27, 2021 - Board of Directors Regular Meeting
Access Public
Type Action, Receive and File
Preferred Date Sep 27, 2021
Absolute Date Sep 27, 2021
Fiscal Impact No
Budgeted Yes
Budget Source N/A
Recommended Action The Board of Directors receive and file the Capital Improvement Projects Status Report.
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F. ENGINEER'S REPORTS
To: Board of Directors
From: Mark Esquer, District Engineer
Date: September 27, 2021
Subject: Project No. 322 Iowa Force Main Replacement: Accept Improvements as Completed, File Notice of Completion,
Exonerate Labor and Materials Bond and Exonerate Faithful Performance Bond
Summary
Construction of the improvements were completed on or around August 5, 2021, therefore, it is appropriate for the District to accept the
improvements and file a notice of completion.
Analysis
The project included installing one new and one replacement force main for the existing Iowa Pump Station to the discharge location
approximately 400 feet southerly to a downstream manhole located within Iowa Street.
Recommendation
That the Board of Directors:
1. Accept improvements as completed and file a Notice of Completion;
2. Exonerate Labor and Material Bond 35 days after Notice of Completion is recorded; and
3. Exonerate Faithful Performance Bond one year after Notice of Completion is recorded.
Legal Review
The attorney for the District reviewed, and approved to form, the construction contract for the project.
Environmental Review
The replacement of the existing forcemain as shown on the plans for Project #322 involving negligible or no expansion
of use beyond that existing is categorically exempt under the California Environmental Quality Act (CEQA) (Public
Resources Code Section 21000 et. seq.) under Section 15301 as a “Class 1” “minor alteration of existing public or
private structures”, as further described in Section (b) as “Existing facilities of both investor and publicly-owned utilities
used to provide .... sewerage ...”.
Financial Review
Subject 2. Project No. 322 Iowa Force Main Replacement: Accept Improvements as
Completed, File Notice of Completion, Exonerate Labor and Materials Bond and
Exonerate Faithful Performance Bond
Meeting Sep 27, 2021 - Board of Directors Regular Meeting
Access Public
Type Action
Preferred Date Sep 27, 2021
Fiscal Impact Yes
Dollar Amount $214,321.00
Budgeted Yes
Budget Source #322 Capital Project Budget
Recommended Action That the Board of Directors:
1. Accept improvements as completed and file a Notice of Completion;
2. Exonerate Labor and Material Bond 35 days after Notice of Completion is recorded; and
3. Exonerate Faithful Performance Bond one year after Notice of Completion is recorded.
Goals 1.0 Sewer Infrastructure
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The approved budget for Project #322, Iowa PS Forcemain Replacement was $270,000 in FY 2020-21. The expenses to date for the
project total $214,321. The remaining available budget is $55,678. The amount retained during the monthly invoicing is included in the
encumbered project budget.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the September 27, 2021 Board of Directors
regular meeting at District Headquarters and on District’s website
Alternative Actions
1. Do not to accept the improvements.
2. Direct staff to report back with more information.
File Attachments
Project 322 Notice of Completion.pdf (44 KB)
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H. ATTORNEY'S REPORTS
To: Board of Directors
From: Alan Burns, District Counsel
Date: September 27, 2021
Subject: Consider Adopting Resolution No. 2021-946 Authorizing Remote Meetings
Summary
The Governor has now signed AB 361 which continues the authority to have remote meetings, provided certain findings are made. The
Board will need to determine if it desires to continue with remote meetings, or at least have the option of remote meetings, and if so,
adopt a resolution making findings.
Recommendation
That the Board of Directors Adopt Resolution No. 2021-946 Authorizing Remote Meetings
Analysis
The Brown Act authorized teleconferenced meetings provided all locations involved in the call were accessible to the public and a public
agenda was posted outside the location. With the COVID 19 pandemic, the Governor issued an Executive Order (N-25-20) on March 4,
2020, which authorized remote meetings provided the meetings are accessible to the public, that agendas are prepared in advance, and
the public has a right to comment on meeting items.
N-25-20 was set to expire on September 30, 2021. The Legislature just passed AB 361 which revises the Brown Act to allow remote
meetings to continue, subject to the making of certain findings. The passage of this law created confusion since it was
effective immediately, but public agencies were relying on the older Executive Order to be able to conduct their meetings through
September 30, 2021. The Governor just issued Executive Order (N-15-21) which will authorize public agencies to rely on the prior
Executive Order until Sep 30, 2021, at which time it expires.
AB 361 is now in effect as an urgency statute. It authorizes a public agency to use remote conferencing provided a State of Emergency
exists and the local agency has imposed or recommended social distancing. Findings must be made, as discussed below. We are
required to notice the meeting and post agendas, allow the public to address the body in a meaningful manner, and by call-in or internet-
based service option. In the event of a disruption of the teleconferencing, the meeting must stop. Public comments are not allowed to be
required in advance of the meeting.
If a state of emergency exists and social distancing is recommended, the Board must adopt a resolution at its first meeting, and every 30
days thereafter, making at least one of the following findings: that the state of emergency continues to exist, that the state of emergency
continues to directly impact the ability of persons to meet safely in person, or that state or local officials continue to impose or recommend
social distancing.
Legal Review
District Counsel has prepared this staff report and Resolution No. 2021-946.
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."
Subject 1. Consider Adopting Resolution No. 2021-946 Authorizing Remote Meetings
Meeting Sep 27, 2021 - Board of Directors Regular Meeting
Access Public
Type Action
Fiscal Impact No
Recommended Action That the Board of Directors Adopt Resolution No. 2021-946 Authorizing Remote Meetings
Goals 6.0 Administrative Management
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Financial Review
There are no financial impacts to the District for adopting Resolution No. 2021-946.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the September 27, 2021 regular meeting at District
Headquarters and on District website at www.cmsdca.gov.
Alternative Actions
1. Do not adopt Resolution No. 2021-946 and conduct meetings under standard Brown Act provisions (i.e., meeting in-person or
teleconferencing and adhering to the requirements of subdivision (b) of California Government Code section 54953, because all
Executive Orders related to the Brown Act are expired after that date),
2. Do not adopt Resolution No. 2021-946 and direct staff to report back with more information.
File Attachments
reso_2021_946.pdf (102 KB)
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I. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is
required to be given by a Director for any meeting for which expense
reimbursement of any kind is provided. Note: For meetings for which the per
diem compensation is sought, the Operations Code provides that such
compensation is authorized for each day’s service rendered as a Director at the
request of the Board (not to exceed six days in one month), and certain meetings
are specified as being eligible as set forth in District Operations Code §
3.01.030. For meetings not so listed, the Board must approve the service for it to
be eligible for the per day compensation.
Subject 1. Orange County Sanitation District (OCSD) - (President Ooten)
Meeting Sep 27, 2021 - Board of Directors Regular Meeting
Access Public
Type Information
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I. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is
required to be given by a Director for any meeting for which expense
reimbursement of any kind is provided. Note: For meetings for which the per
diem compensation is sought, the Operations Code provides that such
compensation is authorized for each day’s service rendered as a Director at the
request of the Board (not to exceed six days in one month), and certain meetings
are specified as being eligible as set forth in District Operations Code §
3.01.030. For meetings not so listed, the Board must approve the service for it to
be eligible for the per day compensation.
Subject 2. Santa Ana River Flood Protection Agency (SARFPA) - (Director Perry)
Meeting Sep 27, 2021 - Board of Directors Regular Meeting
Access Public
Type Information
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I. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is
required to be given by a Director for any meeting for which expense
reimbursement of any kind is provided. Note: For meetings for which the per
diem compensation is sought, the Operations Code provides that such
compensation is authorized for each day’s service rendered as a Director at the
request of the Board (not to exceed six days in one month), and certain meetings
are specified as being eligible as set forth in District Operations Code §
3.01.030. For meetings not so listed, the Board must approve the service for it to
be eligible for the per day compensation.
Subject 3. Independent Special Districts of Orange County (ISDOC) - (Secretary Schafer)
Meeting Sep 27, 2021 - Board of Directors Regular Meeting
Access Public
Type Information
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I. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is
required to be given by a Director for any meeting for which expense
reimbursement of any kind is provided. Note: For meetings for which the per
diem compensation is sought, the Operations Code provides that such
compensation is authorized for each day’s service rendered as a Director at the
request of the Board (not to exceed six days in one month), and certain meetings
are specified as being eligible as set forth in District Operations Code §
3.01.030. For meetings not so listed, the Board must approve the service for it to
be eligible for the per day compensation.
Subject 4. California Special Districts Association (CSDA) - (Secretary Schafer)
Meeting Sep 27, 2021 - Board of Directors Regular Meeting
Access Public
Type Information
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I. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is
required to be given by a Director for any meeting for which expense
reimbursement of any kind is provided. Note: For meetings for which the per
diem compensation is sought, the Operations Code provides that such
compensation is authorized for each day’s service rendered as a Director at the
request of the Board (not to exceed six days in one month), and certain meetings
are specified as being eligible as set forth in District Operations Code §
3.01.030. For meetings not so listed, the Board must approve the service for it to
be eligible for the per day compensation.
Subject 5. Special District Risk Management Authority (SDRMA) - (Vice President Scheafer)
Meeting Sep 27, 2021 - Board of Directors Regular Meeting
Access Public
Type Information
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I. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is
required to be given by a Director for any meeting for which expense
reimbursement of any kind is provided. Note: For meetings for which the per
diem compensation is sought, the Operations Code provides that such
compensation is authorized for each day’s service rendered as a Director at the
request of the Board (not to exceed six days in one month), and certain meetings
are specified as being eligible as set forth in District Operations Code §
3.01.030. For meetings not so listed, the Board must approve the service for it to
be eligible for the per day compensation.
Subject 6. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55,
Operations Code Section 3.01.030
Meeting Sep 27, 2021 - Board of Directors Regular Meeting
Access Public
Type Information
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L. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS
Subject 1. Oral Communications and Director Comments
Meeting Sep 27, 2021 - Board of Directors Regular Meeting
Access Public
Type Discussion
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O. CLOSING ITEMS
THE NEXT REGULAR MEETING OF COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS WILL BE HELD
ON OCTOBER 25, 2021 IN THE DISTRICT'S BOARDROOM, 290 PAULARINO AVENUE, COSTA MESA AND VIA
TELECONFERENCE.
Subject 1. Adjourn
Meeting Sep 27, 2021 - Board of Directors Regular Meeting
Access Public
Type Procedural