2021_12_20_boardMonday, December 20, 2021
Board of Directors Regular Meeting
Time: 4:30 p.m.
IMPORTANT NOTICE REGARDING THE DECEMBER 20, 2021 REGULAR BOARD MEETING
This hybrid in-person and teleconferenced meeting will utilize electronic means consistent
with State of California Assembly Bill 361 (Gov. Code § 54953(b)(3)).
***
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
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 November 9, 2021
3. Approve the Board of Directors Special Meeting Minutes of November 16, 2021
4. Approve the Board of Directors Regular Meeting Minutes of November 22, 2021
5. Adopt Warrant Resolution No. CMSD 2022-06 Approving District Warrant Registers
6. Approve the Directors' Compensation and Reimbursement of Expenses
7. Approve Payroll Transparency Disclosure for November 2021
8. Receive and File the November 2021 Solid Waste Diversion Report
9. Receive and File the November 2021 Organics Tonnage Report
10. Approve the preparation of a warrant to CR Transfer in the amount of $200,870.02 for November
2021 recycling and disposal services in the December 2021 warrant register
11. Accept the occupancy count as presented as 23,052 and direct staff to prepare a warrant to CR&R
Environmental Services for $238,899.40 for November 2021 collection
12. Approve the Investment Report for the Month of October 2021
13. Approve the Investment Report for the Month of November 2021
14. Approve the 2022 Meeting and Office Closure Calendar
15. Receive and File November 2021 Contracts Signed by the General Manager
D. PUBLIC HEARINGS
E. GENERAL MANAGER'S REPORTS
1. Receive and file the Annual Comprehensive Financial Report, Auditor's Report in Accordance with
Government Auditing Standards, and the Auditors' Required Communication for the year ended June
30, 2021.
2. Receive and File the 2022 Sewer Rate Study Preliminary Draft Report and Approve Setting a Public
Hearing Date on February 28, 2022 to Consider Adopting New Wastewater Rates to go into Effect on
July 1, 2022
3. Award Joel Ortiz, Wastewater Maintenance Worker III, $1,000 for his Idea to Change the Scope of
Work for Project #340 that will Save the District $50,000 in Construction Cost.
4. Adopt Resolution No. 2021-949 Supporting Federal Polyfluoroalykyl Substances (PFAS) Legislation
to Protect Ratepayers and Water/Wastewater Agencies
5. Consider Adopting Resolution No. 2021-950 Certifying that Certain Charges are Delinquent and
Unpaid for 60 Days and Requesting that the County Recorder File Those Charges as a Lien (Peter
Bedford 1826 Pomona Avenue, Costa Mesa, CA)
F. ENGINEER'S REPORTS
1. Receive and File the Capital Improvement Projects Status Report
2. Project No. 326 19th Street 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. 2021-951 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
Monday, December 20, 2021
Board of Directors Regular Meeting
Time: 4:30 p.m.
IMPORTANT NOTICE REGARDING THE DECEMBER 20, 2021 REGULAR BOARD MEETING
This hybrid in-person and teleconferenced meeting will utilize electronic means consistent
with State of California Assembly Bill 361 (Gov. Code § 54953(b)(3)).
***
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
Meeting Dec 20, 2021 - Board of Directors Regular Meeting
Access Public
Type Procedural
A. OPENING ITEMS
Subject 2. Pledge of Allegiance - President Ooten
Meeting Dec 20, 2021 - Board of Directors Regular Meeting
Access Public
Type Procedural
A. OPENING ITEMS
Subject 3. Invocation - Vice President Scheafer
Meeting Dec 20, 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 Dec 20, 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 Dec 20, 2021 - Board of Directors Regular Meeting
Access Public
Type Procedural
A. OPENING ITEMS
Subject 6. Ceremonial Matters and Presentations
Meeting Dec 20, 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 Dec 20, 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 Dec 20, 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: December 20, 2021
Subject: Approve the Board of Directors Study Session Minutes of November 9, 2021
Summary
The recorded minutes of the November 9, 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 November 9, 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 November
9, 2021
Meeting Dec 20, 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 Nov 9, 2021 - Board of Directors Study Session
Copies of this report are on file and will be included in the complete agenda packet for the December 20, 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_11_09_ss.pdf (117 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: December 20, 2021
Subject: Approve the Board of Directors Special Meeting Minutes of November 16, 2021
Summary
The recorded minutes of the November 16, 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 November 16, 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 3. Approve the Board of Directors Special Meeting Minutes of November
16, 2021
Meeting Dec 20, 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 Nov 16, 2021 - Board of Directors Special Meeting
Copies of this report are on file and will be included in the complete agenda packet for the December 20, 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_11_16_sm.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.
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: December 20, 2021
Subject: Approve the Board of Directors Regular Meeting Minutes of November 22, 2021
Summary
The recorded minutes of the November 22, 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 November 22, 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 4. Approve the Board of Directors Regular Meeting Minutes of
November 22, 2021
Meeting Dec 20, 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 Nov 22, 2021 - Board of Directors Regular Meeting
Copies of this report are on file and will be included in the complete agenda packet for the December 20, 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_11_22_rm.pdf (163 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: December 20, 2021
Subject: Adopt Warrant Resolution No. CMSD 2022-06 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 2022-06 Approving District
Warrant Registers
Meeting Dec 20, 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 2022-06
approving District warrants for the month of November in the amount of
$1,333,276.10.
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 December 20,
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 2021-06.pdf (382 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 & PIO
Date: December 20, 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 December 20, 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 Dec 20, 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_nov2021.pdf (749 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: December 20, 2021
Subject: Approve Payroll Transparency Disclosure for November 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 November 2021
Meeting Dec 20, 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 December 20,
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 Nov 2021.pdf (127 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: December 20, 2021
Subject: Receive and File the November 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 8. Receive and File the November 2021 Solid Waste Diversion Report
Meeting Dec 20, 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 (42 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 December 20, 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: December 20, 2021
Subject: Receive and File the November 2021 Organics Tonnage Report
Summary
A total of 679.55 tons of organic waste were collected in November 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 November 2021 Organics Tonnage Report
Meeting Dec 20, 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 (7 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 December 20, 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: December 20, 2021
Subject: Approve the preparation of a warrant to CR Transfer in the amount of $200,870.02 for November
2021 recycling and disposal services in the December 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 $200,870.02 for
November 2021 recycling and disposal services to be ratified in the December 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 Invoice Tonnage Rate Amount Billed
Residential Waste - Costa Mesa 42089 1,359.48 $54.98 $74,744.19*
Residential Waste - Costa Mesa 42169 1,296.38 $54.98 $71,274.98*
Residential Waste - Newport Beach 42090 28.38 $54.98 $1,560.33
Residential Waste - Newport Beach 42170 34.24 $54.98 $1,882.52
Subject 10. Approve the preparation of a warrant to CR Transfer in the amount
of $200,870.02 for November 2021 recycling and disposal services in
the December 2021 warrant register
Meeting Dec 20, 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 $200,870.02 for November 2021 recycling and
disposal services to be ratified in the December 2021 warrant register.
Total Residential Waste 2,718.48 $149,462.02
Organics 42125 343.91 $75.65 $26,016.81*
Organics 42204 335.64 $75.65 $25,391.19*
Total Organics 679.55 $51,408.00
Grand Total 3,398.03 $200,870.02
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 December 20,
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: Nabila Guzman, Management Analyst I
Date: December 20, 2021
Subject: Accept the occupancy count as presented as 23,052 and direct staff to prepare a warrant to CR&R
Environmental Services for $238,899.40 for November 2021 collection.
Summary
Accept the occupancy count as presented using 23,052 as the correct number of active units and direct staff to
prepare a warrant to CR&R Environmental Services for November 2021 collection based on this occupancy report so
long as the contractor fulfills the obligations of the agreement in the amount of $238,899.40 to be ratified in the
December 2021 warrant list.
Recommendation
That the Board of Directors accept the occupancy count as presented using 23,052 as the correct number of active
units and direct staff to prepare a warrant to CR&R Environmental Services for November 2021 collection based on
this occupancy report so long as the contractor fulfills the obligations of the agreement in the amount of
$238,899.40 to be ratified in the December 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 November 31, 2021, total District occupancy was at 23,052 with ten (10) new accounts added since the last
billing period. District staff will continue to track the number of new service addresses.
Subject 11. Accept the occupancy count as presented as 23,052 and direct staff
to prepare a warrant to CR&R Environmental Services for $238,899.40
for November 2021 collection
Meeting Dec 20, 2021 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Recommended
Action
That the Board of Directors accept the occupancy count as presented using
23,052 as the correct number of active units and direct staff to prepare a
warrant to CR&R Environmental Services for November 2021 collection based on
this occupancy report so long as the contractor fulfills the obligations of the
agreement in the amount of $238,899.40 to be ratified in the December 2021
warrant list.
The payment calculation is based on the following:
District's Current Rate for November 2021:
23,052 x $10.3635 =$238,899.40
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 December 20, 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- NOV. 2021.pdf (91 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: Marc Davis, District Treasurer
Date: December 20, 2021
Subject: Approve the Investment Report for the Month of October 2021
Summary
Attached is the Investment Report for the month of October 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 October 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 October 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 October 31, 2021,
was 0.648%. The yield to maturity of the portfolio was 0.649%. The District’s weighted average interest rate was
45 basis points (0.445%) above the LAIF average monthly rate for October 2021 of 0.203%. The weighted average
number of days to maturity for the District’s total portfolio was 1,053 days (2.89 years). The duration of the underlying
securities in LAIF as of October 31, 2021 was 335 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
October 31, 2021 was 24.850%. 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:
Subject 12. Approve the Investment Report for the Month of October 2021
Meeting Dec 20, 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
October 2021.
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 October
31, 2021, the portfolio has earned a weighted average interest rate of 0.607%.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the December 20, 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 - October 2021.pdf (588 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: Marc Davis, District Treasurer
Date: December 20, 2021
Subject: Approve the Investment Report for the Month of November 2021
Summary
Attached is the Investment Report for the month of November 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 November 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 November 30, 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 November 30,
2021, was 0.636%. The yield to maturity of the portfolio was 0.637%. The District’s weighted average interest rate
was 43 basis points (0.434%) above the LAIF average monthly rate for November 2021 of 0.203%. The weighted
average number of days to maturity for the District’s total portfolio was 984 days (2.69 years). The duration of the
underlying securities in LAIF as of November 30, 2021 was 332 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
November 30, 2021 was 28.31%. 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 November 2021
Meeting Dec 20, 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
November 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 November
30, 2021, the portfolio has earned a weighted average interest rate of 0.613%.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the December 20, 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 - November 2021.pdf (558 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: December 20, 2021
Subject: Approve the 2022 Meeting and Office Closure Calendar
Summary
Attached is the proposed Costa Mesa Sanitary District 2022 Meeting & Office Closure Calendar.
Analysis
The following meeting dates deviate from their regular schedule, due to closures and holidays:
January Liaison Committee Meeting: The Costa Mesa Sanitary District will host the Liaison Committee
meeting on January 28th as CMSD headquarters is closed on what would be the regularly scheduled third
Friday of the month, January 21st.
December Board Meeting: To accommodate Board Members, District staff, and members of the public that
may be traveling between the Christmas and New Years holidays, the December Board Meeting is proposed to
be rescheduled from Monday, December 26th to Monday, December 19th at its regular time of 4:30 p.m.
Recommendation
That the Board of Directors approve the Costa Mesa Sanitary District 2022 Meeting and Office Closure Calendar as
presented.
Legal Review
Not applicable.
Environmental Review
Approving the 2022 meeting and office closure calendar is an administrative matter, which will not result in direct or
indirect physical changes to the environment similar to grading or construction and is not considered a project under
CEQA.
Financial Review
Not applicable.
Subject 14. Approve the 2022 Meeting and Office Closure Calendar
Meeting Dec 20, 2021 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Recommended
Action
That the Board of Directors approve the Costa Mesa Sanitary District 2022
Meeting and Office Closure Calendar as presented.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the December 20,
2021 Board of Directors Regular Meeting at District Headquarters and posted on the District’s website.
Alternative Actions
1. Direct staff to make specified changes to proposed calendar.
File Attachments
calendar_2022_meeting_officeclosure.pdf (97 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: December 20, 2021
Subject: Receive and File November 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 November 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 November 2021:
Contracts
No Contracts were signed in the month of November
Purchase Orders
1. SW Services – Purchased 33 debris caps to prevent force mains and directional valves from clogging with
debris. Cost: $1,992.78
2. Voss Laboratory – Conduct concrete corrosion evaluation at President Pump Station. Cost: $4,015.00
3. Jamison Engineering Contractors - Obtain concrete core samples from inside old President Pump Station wet
well. Cost: 3,608.00
4. EJ USA, Inc – replace manhole composite cover on Indus. Cost: $908.72
Legal Review
Subject 15. Receive and File November 2021 Contracts Signed by the General
Manager
Meeting Dec 20, 2021 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Fiscal Impact Yes
Budgeted Yes
Recommended
Action
That the Board of Directors receive and file this report.
Goals 6.0 Administrative Management
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
Copies of this report are on file and will be included with the entire agenda packet for the December 20, 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.
E. GENERAL MANAGER'S REPORTS
To: Board of Directors
Via: Scott Carroll, General Manager
From: Kaitlin Tran, Finance Manager
Date: December 20, 2021
Subject: Receive and file the Annual Comprehensive Financial Report, Auditor's Report in Accordance with
Government Auditing Standards, and the Auditors' Required Communication for the year ended June 30,
2021.
Summary
The annual financial audit of the District has been completed. Attached to this report are the audited financial
statements, the auditors’ report in accordance with Government Auditing Standards, and the auditors’ required
communication for the fiscal year ended June 30, 2021. Joshua Calhoun, Partner, Teaman Ramirez & Smith, Inc,
which is the District’s independent audit firm that conducted the annual audit.
In October 2021, the Governmental Accounting Standards Board(GASB) issued Statement No. 98, Annual
Comprehensive Annual Report, officially changing the name comprehensive annual financial report to annual
comprehensive financial report and the acronym to ACFR. The old acronym, when pronounced aloud, sounds the
same as a derogatory term historically used in other parts of the world. In South Africa where this term has ties to
Apartheid and is used as a racial slur towards Black South Africans. The immediate adoption and usage of the new
name and acronym is encouraged by GASB. The District has elected to implement GASB 98 starting with the fiscal
year ended June 30, 2021.
Recommendation
The Board of Directors receive and file:
1) The Annual Comprehensive Financial Report for Year Ended June 30,2021,
2) Auditors’ Report in Accordance with Government Auditing Standards, and
3) The Auditors’ Required Communication for the Year Ended June 30, 2021.
Analysis
Financial highlights during the year ended June 30, 2021 included:
Total assets and deferred outflows of resources of the District exceeded its liabilities and deferred inflows of resources
by $63,296,052. Of this amount, $19,569,989 is unrestricted and available to meet the District’s ongoing obligations to
its customers and creditors.
Subject 1. Receive and file the Annual Comprehensive Financial Report,
Auditor's Report in Accordance with Government Auditing Standards,
and the Auditors' Required Communication for the year ended June 30,
2021.
Meeting Dec 20, 2021 - Board of Directors Regular Meeting
Access Public
Type Receive and File
Goals 8.1 Finance - Achieve financial excellence awards
8.0 Finance
Net position of the Solid Waste Fund decreased by $295,307, which was attributable to the adoption of a deficit
budget to decrease the fund’s reserves. Expenses were projected to exceed revenues by $358,500; however,
expenses were lower than expected.
Net position of the Wastewater Fund increased by $130,124 during the year ended June 30, 2021. This increase was
primarily attributed to a Capital Contribution of two manholes donated by the developer and Transfer In for building
rent from the Solid Waste Fund. The remaining increase resulted from the District receiving a settlement from
Environmental Rental Services for the VacCall truck service costs that could not be fixed.
As of June 30, 2021, the District is 92% funded for its pension liability, while its other post-employment benefits
(OPEB) are fully funded. The District's net pension liability is $245,093.
Legal Review
Not applicable.
Environmental Review
The preparation of financial statements is an administrative action that 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
The cost of the annual audit was $10,000, which was included in the District’s budget.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the December 20, 2021, Board
of Directors regular meeting at District Headquarters and on District’s website at www.cmsdca.gov.
Alternative Actions
Refer the matter back to staff.
File Attachments
CMSD ACFR 2021.pdf (5,234 KB)
Costa Mesa Sanitary District 2021 Internal Control Report.pdf (269 KB)
Costa Mesa Sanitary District 2021 SAS 114 Letter.pdf (237 KB)
E. GENERAL MANAGER'S REPORTS
To: Board of Directors
From: Scott Carroll, General Manager
Date: December 20, 2021
Subject: Receive and File the 2022 Sewer Rate Study Preliminary Draft Report and Approve Setting a Public
Hearing Date on February 28, 2022 to Consider Adopting New Wastewater Rates to go into Effect on July 1,
2022
Summary
Approximately 97.4% of the District's wastewater revenues are from assessment rates that are applied to the property
tax roll. Periodically, the District will evaluate the rates to ensure revenues are covering expenditures. The last sewer
rate study was done in 2012 and the last sewer rate increase was in 2017.
On November 9 and 16, and on December 14, 2021, the Board received three presentations from District
consultant, Robert D. Niehaus, Inc. (RDN), the firm hired by staff to perform the study. On December 14 staff and
RDN presented the Board with five rate options to consider. The Board selected one of the five options and directed
staff to report back tonight to receive and file the 2022 Sewer Rate Study Preliminary Draft Report and approve
setting a pubic hearing date to be on February 28, 2022 to consider adopting the new rates.
Recommendation
That the Board of Directors:
1. Receive and File the 2022 Sewer Rate Study Preliminary Draft Report; and
2. Approve Setting a Public Hearing Date on February 28, 2022 to Consider Adopting New Wastewater Rates to go
into Effect on July 1, 2022
Analysis
Subject 2. Receive and File the 2022 Sewer Rate Study Preliminary Draft Report
and Approve Setting a Public Hearing Date on February 28, 2022 to
Consider Adopting New Wastewater Rates to go into Effect on July 1,
2022
Meeting Dec 20, 2021 - Board of Directors Regular Meeting
Access Public
Type Action
Fiscal Impact Yes
Recommended
Action
That the Board of Directors:
1. Receive and File the 2022 Sewer Rate Study Preliminary Draft Report and
2. Approve Setting a Public Hearing Date on February 28, 2022 to Consider
Adopting New Wastewater Rates to go into Effect on July 1, 2022
Goals 1.0 Sewer Infrastructure
1.1 Sewer Infrastructure - Prevent Sanitary Sewer Overflows (SSOs)
8.0 Finance
8.3 Finance - Forecast revenues and expenditures
8.4 Finance - Maintain appropriate reserve levels
8.7 Finance - Ensure rates are not among the highest in the County
On December 14 staff and RDN presented the Board with five rate options to consider. The Board selected option
below and directed staff to report back tonight to receive and file the 2022 Sewer Rate Study Preliminary Draft Report
and approve setting a pubic hearing date to be on February 28, 2022 to consider adopting the new rates.
Wastewater FY 2022-2023 FY 2023-2024 FY 2024-25 FY 2025-26 FY 2026-27
Revenue Adjustments 17.00%17.00%0.00%0.00%0.00%
Annual Rates
Customer Class Current
Rates
FY 2022-
2023 FY 2023-2024 FY 2024-25 FY 2025-26 FY 2026-27
Single-Family Residential 92.38 101.22 118.43 118.43 118.43 118.43
Multi-Family Residential 54.21 76.83 89.89 89.89 89.89 89.89
Commercial - Ave Strength 41.09 44.13 51.63 51.63 51.63 51.63
Commercial - High
Strength 44.81 49.14 57.49 57.49 57.49 57.49
Industrial 105.48 113.64 132.96 132.96 132.96 132.96
Trailer 54.21 71.35 83.48 83.48 83.48 83.48
ADU 0.00 37.21 43.54 43.54 43.54 43.54
Notices informing property owners about the February 28, 2022 public hearing will be mailed not less than forty-five
calendar days prior to the hearing. On January 26, 2022 at 5:30 pm, the District will host a sewer rate study workshop
for the public. The workshop will be a hybrid meeting at HQ where members of the public can participate in-person or
virtually, via Zoom. In addition, the District will be creating a specific page on its website dedicated to the wastewater
rate study. On the webpage will include staff reports, slide presentation, video recording of Board meetings, the
proposed rates and the written study prepared by RDN. The webpage will also have a link to submit questions.
Legal Review
District Counsel has reviewed the preliminary study report and the Proposition 218 notice. District Counsel will also
provide assistance with the Proposition 218 hearing, which is required by state law before implementing utility rate
adjustments.
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
Currently, the District receives $5,668,987 annually from wastewater rate charges. If the District does not adopt the
rate adjustments, the District will have to continue using the wastewater reserve funds to balance the budget. Staff
and RDN estimates by FY 2026-27 the reserve funds will be depleted.
The cost to print and mail Proposition 218 notice to property owners is approximately $23,000. There is adequate
money in the budget for this expense.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the December 20,
2021 Board of Directors regular meeting at District Headquarters and on District website at www.cmsdca.gov
Alternative Actions
1. Consider a different date to set a public hearing for adopting sewer rates.
File Attachments
2022 Costa Mesa Sanitary District Sewer Draft Report.pdf (2,040 KB)
E. GENERAL MANAGER'S REPORTS
To: Board of Directors
From: Scott Carroll, General Manager
Date: December 20, 2021
Subject: Award Joel Ortiz, Wastewater Maintenance Worker III, $1,000 for his Idea to Change the Scope of
Work for Project #340 that will Save the District $50,000 in Construction Cost.
Summary
The Rewarding Ideas Program is designed to encourage employees to generate ideas for organizational
improvements and provide a system for answering and recognizing adopted ideas. Joel Ortiz, Wastewater
Maintenance Worker III, submitted an idea that will save the District significant money for a sewer project in the City of
Newport Beach.
Recommendation
That the Board of Directors award Joel Ortiz, Wastewater Maintenance Worker III, $1,000 for his idea to change the
scope of work for Project #340 that will save the District $50,000 in construction cost.
Analysis
The District has a sewer interconnection with the City of Newport Beach (CNB) for the purpose of transporting
sewage from the District to the Orange County Sanitation District (OCSD). The CNB has a project to install Americans
with Disabilites Act (ADA) compliant curb returns and sidewalks at the Irvine Avenue and 15th Street intersection. The
District CNB Sewer Interconnection Facility must be relocated to accommodate the ADA project. Per an agreement
with the City, the relocation cost associated with this work is District responsibility. The estimated cost to perform the
facility relocation, project design, project management, and inspection is between $120,000 and $145,000.
The original scope of work required a District manhole be relocated as it interferes with and prevents CNB from
performing their ADA project. The District's relocation project will involve installing two manholes and a short sewer
pipe section west of the City's ADA project. The proposed manhole that is to be relocated does not have a short
section sewer pipe inside of it. Joel's suggestion is to install a pipe section inside the manhole that connects with the
upstream and downstream pipes feeding into the manhole. Then, fill the existing manhole with dirt and finish with
concrete. When the project is complete, this manhole can be removed from the District's asset management system.
According to Administrative Policy No. 20.40, Rewarding Ideas Program, if a suggestion is determined to provide a
tangible benefit from either additional revenues or savings in materials, equipment, overhead or deleted positions, a
Subject 3. Award Joel Ortiz, Wastewater Maintenance Worker III, $1,000 for
his Idea to Change the Scope of Work for Project #340 that will Save
the District $50,000 in Construction Cost.
Meeting Dec 20, 2021 - Board of Directors Regular Meeting
Access Public
Type Action
Recommended
Action
That the Board of Directors award Joel Ortiz, Wastewater Maintenance Worker
III, $1,000 for his idea to change the scope of work for Project #340 that will
save the District $50,000 in construction cost.
Goals 7.0 Human Resources Management
7.1 Human Resources Management - Value and appreciate employees
7.3 Human Resources Management - Keep employees engaged
cash award of twenty percent of the first year's revenue/savings may be awarded to the suggester. The maximum
amount a suggester can receive from the Rewarding Ideas Program is $1,000.
The District Engineer calculated Joel's idea will save the District approximately $50,000 in construction cost, which is
why staff is recommending rewarding Joel Ortiz $1,000 for his idea.
Legal Review
Not applicable
Environmental Review
The consideration of monetary rewards for employees for improving maintenance efficiencies is an administrative
matter and is not a disturbance of the environment similar to grading or construction and is not a project under CEQA
or the District’s CEQA Guidelines.
Financial Review
There is sufficient money in the budget to award for this suggestion.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the December 20,
2021 Board of Directors meeting at District Headquarters (290 Paularino Avenue) and posted on the District’s website
at www.cmsdca.gov.
Alternative Actions
1. Approve decreasing the Rewarding Idea amount to Joel Ortiz
2. Do not approve this suggestion made by Joel Ortiz.
3. Direct staff to report back with more information.
File Attachments
Rewarding Ideas - J.Ortiz -15th Street Manhole_.pdf (622 KB)
E. GENERAL MANAGER'S REPORTS
To: Board of Directors
From: Scott Carroll, General Manager
Date: December 20, 2021
Subject: Adopt Resolution No. 2021-949 and authorize President Ooten to sign letters supporting federal
polyfluoroalkyl substances legislation to protect ratepayers and water/wastewater agencies.
Summary
The Orange County Water District (OCWD) discovered that "forever chemicals", otherwise known as Per- and
Polyfluoroalkyl Substances (PFAS), were discharged into the Orange County Groundwater Basin by various
companies through the years. OCWD is spending over $1 billion to clean up the water, but despite their efforts,
OCWD is at risk of being sued under current pollution laws for an act they did not commit or create.
The United States Congress is considering a law that would make public water and wastewater agencies exempt from
this liability. OCWD, with the concurrence of Orange County Sanitation District (OCSan), is requesting
CMSD assistance by adopting a resolution of support, and sign letters addressed to both California senators and to
the Orange County Congressional Delegation backing OCWD's position regarding pending "PFAS" legislation.
Recommendation
That the Board of Directors approves adopting Resolution No. 2021-949 and authorize President Ooten to sign letters
supporting federal polyfluoroalkyl substances legislation to protect ratepayers and water/wastewater agencies.
Analysis
OCWD manages three of Southern California’s greatest water supplies: the Santa Ana River, the Orange County
Groundwater Basin and the Groundwater Replenishment System (GWRS). It ensures a reliable supply of high-quality
water for more than 2.5 million residents in north and central Orange County, while protecting environmental habitats
and natural resources.
PFAS, which includes Perfluorooctanoic acid (PFOA) and Perfluorooctane Sulfonate (PFOS), are a large group of
synthetic fluorinated organic chemicals used in many industries since the 1940s. Deemed the “Forever Chemical,” the
unique chemical structure of PFAS make them exceptional surface-active agents for municipal, consumer and
industrial products, with over thousands of compounds produced globally. PFAS is essentially any product that is non-
stick or water resistant. An example would be certain cooking pans, cleaning products and other similar products. The
chemical properties of PFAS make them highly soluble, mobile and difficult to remove through chemical and biological
Subject 4. Adopt Resolution No. 2021-949 Supporting Federal Polyfluoroalykyl
Substances (PFAS) Legislation to Protect Ratepayers and
Water/Wastewater Agencies
Meeting Dec 20, 2021 - Board of Directors Regular Meeting
Access Public
Type Action
Recommended
Action
That the Board of Directors approves adopting Resolution No. 2021-949 and
authorize President Ooten to sign letters supporting federal polyfluoroalkyl
substances legislation to protect ratepayers and water/wastewater agencies.
Goals 6.0 Administrative Management
6.6 Administrative Management - Stay informed of Federal and State
legislation
processes employed in conventional water and wastewater treatment. Based on these properties, PFAS have been
detected around the globe in groundwater and drinking water sources. Citizens across the country have had exposure
to PFAS due to its exposure in our water system. Continued exposure to PFAS may result in adverse health effects
according to the Environmental Protection Agency.
OCWD is proactively working with water agencies and stakeholders to address PFAS in the Orange County
Groundwater Basin. See attached flyer describing the action taken by OCWD to address PFAS. In 1980, the
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) created a tax on organizations
that release hazardous substances which could endanger the public health or the environment. This includes the
release of PFAS into the environment. Under its current language, H.R. 2467 would levy this tax on local water-
wastewater agencies. This means that any water-wastewater agency that simply receives and treats water and/or
wastewater supplies, would have across-the-board liability for PFAS related cleanups when the agency has no
responsibility for the presence of PFAS. The attached draft resolution supports changing the language of the current
legislation to include an exemption for local water and wastewater agencies.
Legal Review
District Counsel reviewed and approved Resolution No. 2021-949.
Environmental Review
This action is exempt from CEQA review under the "common sense exception" since this action urging legislative
amendment will not have the potential for causing a significant effect on the environment. CEQA Guidelines Section
Code 15061(b)(3).
Financial Review
There are no financial impacts to the District for adopting Resolution No. 2021-949.
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the December 20, 2021 Board
of Directors regular meeting at District Headquarters and posted on the District’s website.
Alternative Actions
1. Do not adopt Resolution No. 2021-949 and direct staff to report back with additional information.
File Attachments
resolution_2021-949_pfas.pdf (127 KB)
pfas-fact-sheet.pdf (442 KB)
Calif Senators Letter.pdf (110 KB)
OC Delegation Letter.pdf (101 KB)
E. GENERAL MANAGER'S REPORTS
To: Board of Directors
From: Scott Carroll, General Manager
Date: December 20, 2021
Subject: Consider Adopting Resolution No. 2021-950 Certifying that Certain Charges are Delinquent and
Unpaid for 60 Days and Requesting that the County Recorder File Those Charges as a Lien (Peter Bedford
1826 Pomona Avenue, Costa Mesa, CA)
Summary
1826 Pomona Avenue is a small apartment complex that consist of seven (7) units. The property is located behind
properties located at 1828 and 1834 Pomona Avenue. On the subject property is a private sewer pump station
because the long driveway from street to the property is sloped. Wastewater needs to be pumped up the sloped
driveway to reach the District’s mainline on Pomona Avenue.
On February 25 and again on February 27, 2021, the property experienced sanitary sewer overflows (SSOs) that
required District contractor, CR Drains, to respond and relieve the blockage. It is standard operating procedures for
the District to pass on incurred costs to property owners deemed responsible for private sewer spills. However, the
property owner is refusing to pay the bill. Chapter 6.10 of the District’s Operations Code gives the District authority for
cost recovery. Adopting the resolution tonight will give staff authority to place a lien on the property for the cost of
abatement.
Recommendation
That the Board of Directors adopt Resolution No. 2021-950 Certifying that Certain Charges are Delinquent and
Unpaid for 60 Days and Requesting that the County Recorder File Those Charges as a Lien (Peter Bedford 1826
Pomona Avenue, Costa Mesa, CA).
Analysis
After several attempt to recover District costs from the property owner have failed, the District desired to place a lien
on the property for the costs of abatement. On July 30, 2021, the District scheduled a public hearing to provide the
owner with due process and to give him a chance to object to the lien. On July 29, 2021 at approximately 4:12 pm, the
owner requested a continuance of the hearing, but the Board denied the owner's request and the hearing proceeded
on July 30.
Subject 5. Consider Adopting Resolution No. 2021-950 Certifying that Certain
Charges are Delinquent and Unpaid for 60 Days and Requesting that the
County Recorder File Those Charges as a Lien (Peter Bedford 1826
Pomona Avenue, Costa Mesa, CA)
Meeting Dec 20, 2021 - Board of Directors Regular Meeting
Access Public
Type Action
Recommended
Action
That the Board of Directors adopt Resolution No. 2021-950 Certifying that
Certain Charges are Delinquent and Unpaid for 60 Days and Requesting that the
County Recorder File Those Charges as a Lien (Peter Bedford 1826 Pomona
Avenue, Costa Mesa, CA)
Goals 1.0 Sewer Infrastructure
1.1 Sewer Infrastructure - Prevent Sanitary Sewer Overflows (SSOs)
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, 2021 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. The Board adopted the resolution on August 23, 2021. See
Resolution No. 2021-945 attached hereto.
Resolution No. 2021-945 also directs the General Manager to provide the owner with notice of the Board's decision.
On August 27, 2021 said notice was mailed to the property owner (see attachment). According to California Health &
Safety Code § 5473.11, an entity cannot place liens against property until the charges remain delinquent and unpaid
for 60 days. Since mailing the notice to the property owner on August 27, 2021, the charges have remained
delinquent and unpaid for 115 days.
Legal Review
District Counsel prepared Resolution No. 2021-950.
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
The total amount owed to the District is $1,381.19, which include interest and late penalty fees.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the December 20,
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
Reso 2021-945.pdf (64 KB)
Notice of Board Decision.pdf (546 KB)
resolution_2021-950_bedford.pdf (15 KB)
F. ENGINEER'S REPORTS
To: Board of Directors
From: Mark Esquer, District Engineer
Date: December 20, 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-November to mid-December. 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
The cost of preparing this report is contained within the operating budget. There are sufficient funds are available in
the adopted budget.
Subject 1. Receive and File the Capital Improvement Projects Status Report
Meeting Dec 20, 2021 - Board of Directors Regular Meeting
Access Public
Type Action
Preferred Date Dec 20, 2021
Absolute Date Jan 24, 2022
Fiscal Impact No
Budgeted Yes
Budget Source N/A
Recommended
Action
The Board of Directors receive and file the Capital Improvement Projects Status
Report.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the December 20,
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
CIP Updates December 2021 Meeting.pdf (1,007 KB)
2021 12 Monthly Engineers Report CMSD Memorandum.pdf (198 KB)
F. ENGINEER'S REPORTS
To: Board of Directors
From: Mark Esquer, District Engineer
Date: December 20, 2021
Subject: Project No. 326 19th Street 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 October 26, 2021, therefore, it is appropriate for the
District to accept the improvements and file a notice of completion.
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.
Analysis
The project included installing one backup or redundant and one replacement force main for the existing 19th
Street Pump Station to the easterly discharge location approximately 802 feet to a downstream manhole located
within Whittier Avenue.
Legal Review
Subject 2. Project No. 326 19th Street Force Main Replacement: Accept
Improvements as Completed, File Notice of Completion, Exonerate
Labor and Materials Bond and Exonerate Faithful Performance Bond
Meeting Dec 20, 2021 - Board of Directors Regular Meeting
Access Public
Type Action
Preferred Date Dec 20, 2021
Absolute Date Jan 24, 2022
Fiscal Impact No
Dollar Amount $302,265.01
Budgeted Yes
Budget Source Project #326 Capital 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 1.1 Sewer Infrastructure - Prevent Sanitary Sewer Overflows (SSOs)
The District Legal Counsel 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 #326 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
The approved budget for Project #326, 19th Street PS Forcemain Replacement, was $490,000 in FY 2019-20. The
outlay (paid expenses) and encumbrances (costs to be paid) through November 2021 total $342,741. This amount
includes $302,265.01 in contract, change order, and retainer paid and/or owed to the general contractor. The amount
retained during the monthly invoicing is included in the encumbered project budget. The remaining available budget
is $112,349. The remaining budget will be used to pay for record drawings, training, or other project closeout
expenses.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the December 20, 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
322 19th St Notice of Completion 2021 12.pdf (68 KB)
H. ATTORNEY'S REPORTS
To: Board of Directors
From: Alan Burns, District Counsel
Date: December 20, 2021
Subject: Consider Adopting Resolution No. 2021-951 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. 2021-951 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.
Subject 1. Consider Adopting Resolution No. 2021-951 Authorizing Remote
Meetings
Meeting Dec 20, 2021 - Board of Directors Regular Meeting
Access Public
Type Action
Recommended
Action
That the Board of Directors adopt Resolution No. 2021-951 Authorizing Remote
Meetings
Goals 6.0 Administrative Management
Legal Review
District Counsel has prepared this staff report and Resolution No. 2021-951.
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
There are no financial impacts to the District for adopting Resolution No. 2021-951.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the December 20,
2021 regular meeting at District Headquarters and on District website at www.cmsdca.gov.
Alternative Actions
1. Do not adopt Resolution No. 2021-951 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. 2021-951 and direct staff to report back with more information.
File Attachments
resolution_2021-951_remote_meetings.pdf (110 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 Dec 20, 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 Dec 20, 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 Dec 20, 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 Dec 20, 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 Dec 20, 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 Dec 20, 2021 - Board of Directors Regular Meeting
Access Public
Type Information
L. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS
Subject 1. Oral Communications and Director Comments
Meeting Dec 20, 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 JANUARY 24, 2022 IN THE DISTRICT'S BOARD ROOM AT 290 PAULARINO AVENUE, COSTA
MESA.
Subject 1. Adjourn
Meeting Dec 20, 2021 - Board of Directors Regular Meeting
Access Public
Type Procedural