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Tuesday, February 8, 2022
Board of Directors Study Session
Time: 8:00 a.m.
Location: Costa Mesa Sanitary District - 290 Paularino Ave., Costa Mesa, CA 92626
***
IMPORTANT NOTICE REGARDING FEBRUARY 8, 2022 STUDY SESSION 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.
***
To participate in the meeting by computer:
1. Copy and past the following into your browser - https://us02web.zoom.us/join
2. Enter the Meeting ID number - 882 7105 8326
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 882 7105 8326#
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. Roll Call - (If absences occur, consider whether to deem those absences excused based on facts presented for the
absence – such determination shall be the permission required by law.)
B. PUBLIC COMMENTS - This time has been set aside for persons in the audience to make comments on items
within the subject matter jurisdiction of the Costa Mesa Sanitary District that are not listed on this agenda.
Members of the public will have the opportunity to address the Board of Directors about all other items on
this agenda at the time those items are considered. Under the provisions of the Brown Act, the Board of
Directors is prohibited from taking action on oral requests but may refer the matter to staff or to a
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subsequent meeting. The Board of Directors will respond after public comment has been received. Please
state your name. Each speaker will be limited to four (4) continuous minutes.
1. Public Comments
C. ITEMS OF STUDY
1. Consider Voting Division Adjustments After Decennial Census
2. Receive and File January 2022 Code Enforcement Officer Report
3. Consider Approving Sole Sourcing Flygt Pump Purchase to Xylem Water Solutions, Inc.
4. Consider Adopting Resolution No. 2022-953 Authorizing Staff to Submit an Application for all CalRecycle Grants for
which the Costa Mesa Sanitary District is Eligible
5. Receive and File the Costa Mesa Sanitary District 2021 Year in Review - Oral Report
D. CLOSING ITEMS
1. Oral Communications and Director Comments
2. Adjournment
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Tuesday, February 8, 2022
Board of Directors Study Session
Time: 8:00 a.m.
Location: Costa Mesa Sanitary District - 290 Paularino Ave., Costa Mesa, CA 92626
***
IMPORTANT NOTICE REGARDING FEBRUARY 8, 2022 STUDY SESSION 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.
***
To participate in the meeting by computer:
1. Copy and past the following into your browser - https://us02web.zoom.us/join
2. Enter the Meeting ID number - 882 7105 8326
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 882 7105 8326#
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. 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 Feb 8, 2022 - Board of Directors Study Session
Type Procedural
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Robert Ooten, President
Michael Scheafer, Vice President
Arlene Schafer, Secretary
Arthur Perry, Director
Brett Eckles, Director
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B. PUBLIC COMMENTS - This time has been set aside for persons in the audience
to make comments on items within the subject matter jurisdiction of the Costa
Mesa Sanitary District that are not listed on this agenda. Members of the public
will have the opportunity to address the Board of Directors about all other items
on this agenda at the time those items are considered. Under the provisions of
the Brown Act, the Board of Directors is prohibited from taking action on oral
requests but may refer the matter to staff or to a subsequent meeting. The Board
of Directors will respond after public comment has been received. Please state
your name. Each speaker will be limited to four (4) continuous minutes.
Subject 1. Public Comments
Meeting Feb 8, 2022 - Board of Directors Study Session
Type Procedural
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C. ITEMS OF STUDY
To: Board of Directors
Via: Scott Carroll, General Manager
From: Alan Burns, District Counsel
Date: February 8, 2022
Subject: Study Session to Consider Voting Division Adjustments After Decennial Census
Summary
The District is required to evaluate our voting divisions after each federal decennial census and possibly adjust the director division
boundaries. Release of the 2020 Census data was delayed due to Covid, and the subsequent evaluation of the voting divisions using the
required census data show the divisions are not within the range of variance in population that will be considered legally acceptable. The
Board will need to adjust the boundaries to comply with the law. Our demographer has prepared a simple adjustment that will accomplish
that.
Staff Recommendation
That the Board adopt Plan 1 to make the simple adjustment to our existing divisions to make those within the range of acceptability under
the voting law.
Analysis
In 2018, the District received a challenge to the District’s “at-large” voting system. That challenge was met by the Board adopting a “by
division” system. The present divisions were established after public hearings and after the District utilized demographer Deborah Diep
from the Center for Demographic Research (CDR) at Cal State Fullerton oversaw the districting process and public map submission
process. The current divisions must now be adjusted after the census to ensure that our division populations are within acceptable limits.
Ms. Diep was able to do that with a simple adjustment between two districts. The Board should review the Plan presented and advise Ms.
Diep if those adjustments are acceptable, or if further Plans or adjustments are desired. We must have our divisions established by April
17, 2022, to be compliant with the law and to make the Registrar’s deadline.
Legal Review
CDR is under contract and works with District Counsel. All work-product will be reviewed by both.
Financial Review
CDR has budgeted about $10,000 for this work.
Public Notice Process
This matter will be noticed using the normal public meeting process. The series of public hearings that were required to adopt the first by
division voting system is not necessary and this item will only require a simple adjustment of boundaries that should be noncontroversial.
Alternative Actions
If the Board desires, additional Plans can be prepared and hearings held.
File Attachments
CMSD_Redistricting_2022.02.08.pptx (6,638 KB)
CMSD2022_Plan_1_packet.pdf (1,434 KB)
CMSD_ExistingConditions_20220201.pdf (8,280 KB)
Subject 1. Consider Voting Division Adjustments After Decennial Census
Meeting Feb 8, 2022 - Board of Directors Study Session
Type Discussion, Presentation
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C. ITEMS OF STUDY
To: Board of Directors
Via: Scott Carroll, General Manager
From: David Griffin, Interim Code Enforcement Officer
Date: February 8, 2022
Subject: Receive and File January 2022 Code Enforcement Officer Report
Summary
This report summarizes major points for three ordinance enforcement topics covering scavenging, graffiti on trash carts, and trash
container enforcement. For the month of January, the CMSD Interim Code Enforcement Officer focused his efforts on patrols in various
parts of the community. The goal is to identify and deter instances of scavenging and residential trash carts left within the public view.
Recommendation
That the Board of Directors receives and files this report.
Analysis
In the month of January, Interim Code Enforcement Officer (CEO) Griffin approached eight (8) individuals after observing
them scavenging from CMSD trash carts. In the same month he issued 88 warning notices to residents storing their trash carts in public
view. Of the 88 warning notices 79 were yellow tags (1st warning) and 9 were red tags (2nd warning within twelve months). A letter will be
mailed to property owners for a third violation within the same twelve months. A citation in the amount of $75.00 will be issued to property
owners if a fourth violation occurs within the same twelve months.
Interim Officer Griffin found no graffiti on trash carts in the month of January. Interim Officer Griffin's enforcement activities are described
in more detail in the attached report.
Legal Review
Not applicable.
Environmental Review
Code enforcement activities and reporting are not a disturbance of the environment similar to grading or construction and do not
constitute a project under CEQA or the District’s CEQA Guidelines.
Financial Review
Officer Griffins' activities are funded in the adopted budget.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the February 8, 2022 Board of Directors Study
Session meeting at District Headquarters and posted on the District’s website.
Alternative Actions
1. Direct staff to report back with more information.
File Attachments
CEO Report for January 2022.pdf (691 KB)
Workflow
Subject 2. Receive and File January 2022 Code Enforcement Officer Report
Meeting Feb 8, 2022 - Board of Directors Study Session
Type Discussion
Goals 2.0 Solid Waste
2.9 Solid Waste - Enhance Code Enforcement presence
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Workflow Feb 1, 2022 4:33 PM :: Submitted by Scott Carroll. Routed to Noelani Middenway for
approval.
Feb 3, 2022 3:56 PM :: Final approval by Noelani Middenway
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C. ITEMS OF STUDY
To: Board of Directors
From: Mark Esquer, District Engineer
Date: February 8, 2022
Subject: Consider Approving Sole Sourcing Flygt Pump Purchase to Xylem Water Solutions, Inc.
Summary
The District is replacing the mechanical equipment at the WestBluff pump station as part of a rejuvenation project. The project is being
undertaken for the purpose of maintaining reliability and availability and for reducing the potential of sanitary sewer overflows resulting
from a mechanical failure. The pumps are being replaced as part of this project. Due to the 12 to 20 week lead-time for obtaining the
pumping equipment and accessories, District staff propose to purchase the pump now and turn them over to the contractor for
installation. Most of the other equipment is available within 2 to 4 weeks.
The District has standardized on Flygt pumps and this project will be replacing the existing Flygt pumps. The District has standardized
pump brand to ensure staff familiarity with controls, wiring, and troubleshooting pump station issues, to minimize inventory and spare
parts, and ensure quality associated with reliability and ability to pass solids, see attached Memorandum from the District Engineer to the
General Manager, dated January 20, 2022.
Recommendation
That the Board of Directors approve sole sourcing Flygt pump purchase to Xylem Water Solutions, Inc. in the amount of $24,429.62.
Analysis
The Flygt brand pumps are being replaced. A direct replacement of pumps and accessories provide for reduce installation duration and
cost because modifications to accommodate other pump brands are not required. In addition, District staff are familiar with
troubleshooting and diagnosing pump problems associated with the Flygt systems. This familiarity provides for increased work efficiency,
reduced time to determine causes for the failure, and reduced pump outage in the event of a sanitary sewer overflow.
The Board of Directors have approved sole source purchasing of Flygt pumps in the past. Most recently, on June 28, 2018, the Board
approved sole source purchasing of Flygt pumps for Project #318, President Pump Station Rehabilitation Project.
Legal Review
Not applicable for this staff report; however, District Counsel did assist on the June 28, 2018 staff report for sole source
purchasing of Flygt pumps.
Environmental Review
The replacement of an existing sewer equipment with a same capacity as the existing is categorically exempt under the California
Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.) under Section 15302 as a “Class 2” project as stated
Subject 3. Consider Approving Sole Sourcing Flygt Pump Purchase to Xylem Water
Solutions, Inc.
Meeting Feb 8, 2022 - Board of Directors Study Session
Type Action
Preferred Date Feb 08, 2022
Absolute Date Feb 28, 2022
Fiscal Impact No
Dollar Amount $24,429.62
Budgeted Yes
Budget Source Project 330 WestBluff PS Rehab
Recommended Action That the Board of Directors approve sole sourcing Flygt pump purchase to Xylem Water
Solutions, Inc. in the amount of $24,429.62.
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under 15302(c) “Replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of
capacity“.
Financial Review
The Project budget is $175,000 in the Capital Improvement Project budget. The project balance remaining after accumulated costs,
expenditures, and encumbrances through December 2021 is $153,330 and is sufficient to cover the pump purchase from Xylem.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the February 8, 2022, Board of Directors study
session meeting at District Headquarters and on District’s website.
Alternative Actions
1. Require District staff to openly bid the pump purchase. Impact: This action will increase pump procurement time by 8 weeks or so due
to time required to bid the pump purchase and return to the Board for approval.
2. Refer the matter back to staff for additional information. Impact: Unknown, depends on information requested.
File Attachments
2022 01 Xylem Pump Sole Source Memo.pdf (215 KB)
2022 01 WestBluff Xylem Flygt Pump Quote 2021-LAB-0250rv012022.pdf (148 KB)
Workflow
Workflow Feb 2, 2022 2:00 PM :: Submitted by Mark Esquer. Routed to Kaitlin Tran for approval.
Feb 2, 2022 3:03 PM :: Approved by Kaitlin Tran. Routed to Scott Carroll for approval.
Feb 2, 2022 3:58 PM :: Approved by Scott Carroll. Routed to Noelani Middenway for approval.
Feb 3, 2022 3:58 PM :: Final approval by Noelani Middenway
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C. ITEMS OF STUDY
To: Board of Directors
Via: Scott Carroll, General Manager
From: Nabila Guzman, Management Analyst I
Date: February 8, 2022
Subject: Consider Adopt Resolution No. 2022-953 Authorizing Staff to Submit an Application for all CalRecycle grants for
which the Costa Mesa Sanitary District is eligible
Summary
CalRecycle is administering a one-time grant program meant to provide aid in the implementation of regulations for SB 1383. This non-
competitive grant program provides $57,000,000 of funding to local jurisdictions to assist with the implementation of regulatory
requirements associated with SB 1383, including but not limited to:
Capacity Planning
Collection
Edible Food Recovery
Education and outreach
Enforcement and Inspection
Program Evaluation/Gap Analysis
Procurement Requirements
Record Keeping
The maximum amount of funds available for the Costa Mesa Sanitary District was $156,658. The deadline for the application was
Tuesday, February 1, 2022 at 11:59 pm. The current resolution is specifically for Household Hazardous Waste Grants so the District must
submit a new valid resolution before March 1, 2022.
Recommendation
That the Board of Directors adopt Resolution No. 2022-953 Authorizing Staff to Submit an Application for all CalRecycle grants for which
the Costa Mesa Sanitary District is eligible.
Analysis
If awarded, the District will use the grant funds for the following:
$60,000 for a Public Affairs Consultant to assist with education and outreach, and a solid waste consultant to assist with
implementation of SB 1383.
$15,000 for administration costs to cover staff time spent implementing SB 1383.
$61,658 for education and outreach of SB 1383 that will be distributed via print media, video, social media content, workshops
and school assemblies.
$20,000 to purchase new kitchen pails and compostable bags
The total grant amount that the District is requesting is $156,658. If awarded, the grant funds will start when the District receives the
“Notice to Proceed” and the grant term will be available through April 2, 2024.
Legal Review
Staff submitted the Resolution to District Counsel for review and recommends its adoption.
Environmental Review
Subject 4. Consider Adopting Resolution No. 2022-953 Authorizing Staff to Submit an
Application for all CalRecycle Grants for which the Costa Mesa Sanitary District is
Eligible
Meeting Feb 8, 2022 - Board of Directors Study Session
Type Action
Recommended Action That the Board of Directors adopt Resolution No. 2022-953 Authorizing Staff to Submit an
Application for all CalRecycle grants for which the Costa Mesa Sanitary District is eligible
Goals 2.8 Solid Waste - Recycle green waste and food scraps
2.0 Solid Waste
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The application for grant funds is not a disturbance of the environment similar to grading or construction and is not a project under CEQA
or the District’s CEQA Guidelines. The recycling program itself is betterment to the environment.
Financial Review
The District adopted $10,000 in fiscal year 2021-22 and $10,000 in FY 2022-23 in the Professional Services account for SB 1383
Compliance. The grants funding will financially support the District to provide additional education and outreach to the public.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the February 8, 2022 Board of Directors regular
meeting at District Headquarters and on District website www.cmsdca.gov
Alternative Actions
Refer the matter back to staff
File Attachments
Resolution.docx (22 KB)
Workflow
Workflow Feb 2, 2022 3:32 PM :: Submitted by Nabila Guzman. Routed to Kaitlin Tran for approval.
Feb 2, 2022 3:53 PM :: Approved by Kaitlin Tran. Routed to Scott Carroll for approval.
Feb 2, 2022 4:00 PM :: Approved by Scott Carroll. Routed to Noelani Middenway for approval.
Feb 3, 2022 4:59 PM :: Final approval by Noelani Middenway
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C. ITEMS OF STUDY
2021 Costa Mesa Sanitary District Year in Review
File Attachments
2021_year_in_review_final (1).pdf (21,133 KB)
Subject 5. Receive and File the Costa Mesa Sanitary District 2021 Year in Review - Oral
Report
Meeting Feb 8, 2022 - Board of Directors Study Session
Type Receive and File
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D. CLOSING ITEMS
Subject 1. Oral Communications and Director Comments
Meeting Feb 8, 2022 - Board of Directors Study Session
Type
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D. CLOSING ITEMS
The next Study Session of the Costa Mesa Sanitary District Board of Directors will be held at 8:00 a.m. on Tuesday, March 8, 2022 in the
District's Boardroom, located at 290 Paularino Avenue, Costa Mesa, CA 92626.
Subject 2. Adjournment
Meeting Feb 8, 2022 - Board of Directors Study Session
Type Procedural