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Monday, April 25, 2022
Board of Directors Regular Meeting
Time: 4:30 p.m.
Location: Costa Mesa Sanitary District - 290 Paularino Ave., Costa Mesa, CA 92626
***
IMPORTANT NOTICE REGARDING THE APRIL 25, 2022 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.
***
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 - 817 1601 6634
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 817 1601 6634#
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.)
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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 March 8, 2022
3. Approve the Board of Directors Special Meeting Minutes of March 14, 2022
4. Approve the Board of Directors Regular Meeting Minutes of March 28, 2022
5. Adopt Warrant Resolution No. CMSD 2022-10 Approving District Warrant Registers
6. Approve the Directors' Compensation and Reimbursement of Expenses
7. Approve Payroll Transparency Disclosure for March 2022
8. Accept the occupancy count as presented as 23,077 and direct staff to prepare a warrant to CR&R Environmental
Services for $239,158.49 for March 2022 collection
9. Receive and File the March 2022 Organics Tonnage Report
10. Receive and File the March 2022 Solid Waste Diversion Report
11. Approve the preparation of a warrant to CR Transfer in the amount of $201,632.18 for March 2022 recycling and
disposal services in the April 2022 warrant register
12. Sole Source Procurement of Remote Switch Operators for Arc Flash Protection at Sewer Lift Stations
13. Receive and file March 2022 Contracts Signed by the General Manager
D. PUBLIC HEARINGS
E. GENERAL MANAGER'S REPORTS
1. Proposed Drought Tolerant Landscape Design Plans for CMSD HQ
2. Battery Recycling Contest - Final Report
3. Consider appointing six members to the Citizens Advisory Committee ending in March 2024
4. Consider Approving out-of-state travel for the Finance Manager to attend the 2022 Government Finance Officers
Association (GFOA) Conference - Austin, Texas on June 5-8, 2022
5. Receive and File the Third Quarter Budget Review of FY 2021-22
6. Receive and File 2022 Annual Performance Measurement Report - 1st Quarter
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7. Receive and File 2020-25 Strategic Plan Progress Report - FY 2021-22 Third Quarter
F. ENGINEER'S REPORTS
1. Receive and File the District Engineer's Report and Capital Improvement Projects Status
2. Appropriate $200,000 from the 329 Aviemore Forcemain Replacement Project to the 330 Westbluff Rehab Project
G. TREASURER'S REPORTS
1. Approve the Investment Report for the Month of March 2022
H. ATTORNEY'S REPORTS
1. Consider Adopting Resolution No. 2022-958 Authorizing Remote Meetings
2. Consider Adopting Ordinance No. 2022-134 Adding Chapter 3.04 to the Operations Code Reflecting the Change to the
District's Electoral System from At-Large to By-Division Elections
I. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is required to be given by a
Director for any meeting for which expense reimbursement of any kind is provided. Note: For meetings for
which the per diem compensation is sought, the Operations Code provides that such compensation is
authorized for each day’s service rendered as a Director at the request of the Board (not to exceed six
days in one month), and certain meetings are specified as being eligible as set forth in District Operations
Code § 3.01.030. For meetings not so listed, the Board must approve the service for it to be
eligible for the per day compensation.
1. Orange County Sanitation District (OCSD) - (President Ooten)
2. Santa Ana River Flood Protection Agency (SARFPA) - (Director Perry)
3. Independent Special Districts of Orange County (ISDOC) - (Secretary Schafer)
4. California Special Districts Association (CSDA) - (Secretary Schafer)
5. Special District Risk Management Authority (SDRMA) - (Vice President Scheafer)
6. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55, Operations Code Section 3.01.030
J. OLD BUSINESS
K. NEW BUSINESS
L. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS
1. Oral Communications and Director Comments
M. ADJOURN TO CLOSED SESSION
N. RECONVENE TO OPEN SESSION
O. CLOSING ITEMS
1. Adjourn
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Monday, April 25, 2022
Board of Directors Regular Meeting
Time: 4:30 p.m.
Location: Costa Mesa Sanitary District - 290 Paularino Ave., Costa Mesa, CA 92626
***
IMPORTANT NOTICE REGARDING THE APRIL 25, 2022 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.
***
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 - 817 1601 6634
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 817 1601 6634#
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 Apr 25, 2022 - Board of Directors Regular Meeting
Access Public
Type Procedural
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A. OPENING ITEMS
Subject 2. Pledge of Allegiance - President Ooten
Meeting Apr 25, 2022 - Board of Directors Regular Meeting
Access Public
Type Procedural
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A. OPENING ITEMS
Subject 3. Invocation - Vice President Scheafer
Meeting Apr 25, 2022 - Board of Directors Regular Meeting
Access Public
Type Procedural
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A. OPENING ITEMS
Robert Ooten, President
Michael Scheafer, Vice President
Arlene Schafer, Secretary
Arthur Perry, Director
Brett Eckles, Director
Subject 4. Roll Call - (If absences occur, consider whether to deem those absences excused
based on facts presented for the absence – such determination shall be the
permission required by law.)
Meeting Apr 25, 2022 - Board of Directors Regular Meeting
Access Public
Type Procedural
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A. OPENING ITEMS
Subject 5. Announcement of Late Communications - Unless directed otherwise by the Board
of Directors, all actions shall be based on/memorialized by the latest document
submitted as a late communication.
Meeting Apr 25, 2022 - Board of Directors Regular Meeting
Access Public
Type Procedural
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A. OPENING ITEMS
Subject 6. Ceremonial Matters and Presentations
Meeting Apr 25, 2022 - Board of Directors Regular Meeting
Access Public
Type Procedural
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B. Public Comments - This time has been set aside for persons in the audience to
make comments on items within the subject matter jurisdiction of the Costa Mesa
Sanitary District that are not listed on this agenda. Members of the public will
have the opportunity to address the Board of Directors about all other items on
this agenda at the time those items are considered. Under the provisions of the
Brown Act, the Board of Directors is prohibited from taking action on oral
requests but may refer the matter to staff or to a subsequent meeting. The Board
of Directors will respond after public comment has been received. Please state
your name. Each speaker will be limited to four (4) continuous minutes.
Subject 1. Public Comments
Meeting Apr 25, 2022 - Board of Directors Regular Meeting
Access Public
Type Procedural
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C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
Subject 1. Approve Consent Calendar
Meeting Apr 25, 2022 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Recommended Action That the Board of Directors approve the Consent Calendar as presented.
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after
public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is
waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent
calendar as a whole.
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C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Gina Terraneo, Management Analyst II
Date: April 25, 2022
Subject: Approve the Board of Directors Study Session Minutes of March 8, 2022
Summary
The recorded minutes of the March 8, 2022 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 March 8, 2022.
Staff Recommendation
That the Board of Directors approve the meeting minutes as presented.
Legal Review
Not applicable.
Environmental Review
Consideration of public meeting minutes is an administrative matter and is exempt from the requirements of the California Environmental
Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its
own procedures “to list those specific activities which fall within each of the exempt classes”, and the District has adopted “CEQA
Guidelines and Implementing Procedures” that state on page 6 ”Projects” does not include …. C. Continuing administrative or
maintenance activities.”
Financial Review
Not applicable.
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the April 25, 2022 Board of Directors Regular
Meeting at District Headquarters and posted on the District’s website.
Alternative Actions
1. Do not approve the meeting minutes as presented.
2. Direct staff to report back with more information.
File Attachments
Subject 2. Approve the Board of Directors Study Session Minutes of March 8, 2022
Meeting Apr 25, 2022 - 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 Mar 8, 2022 - Board of Directors Study Session
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minutes_2022_3_08_ss.pdf (99 KB)
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after
public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is
waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent
calendar as a whole.
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C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Gina Terraneo, Management Analyst II
Date: April 25, 2022
Subject: Approve the Board of Directors Special Meeting Minutes of March 14, 2022
Summary
The recorded minutes of the March 14, 2022 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 March 14, 2022.
Staff Recommendation
That the Board of Directors approve the meeting minutes as presented.
Legal Review
Not applicable.
Environmental Review
Consideration of public meeting minutes is an administrative matter and is exempt from the requirements of the California Environmental
Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its
own procedures “to list those specific activities which fall within each of the exempt classes”, and the District has adopted “CEQA
Guidelines and Implementing Procedures” that state on page 6 ”Projects” does not include …. C. Continuing administrative or
maintenance activities.”
Financial Review
Not applicable.
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the April 25, 2022 Board of Directors Regular
Meeting at District Headquarters and posted on the District’s website.
Alternative Actions
1. Do not approve the meeting minutes as presented.
2. Direct staff to report back with more information.
File Attachments
Subject 3. Approve the Board of Directors Special Meeting Minutes of March 14, 2022
Meeting Apr 25, 2022 - 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 Mar 14, 2022 - Board of Directors Special Meeting
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minutes_2022_3_14_sm.pdf (184 KB)
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after
public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is
waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent
calendar as a whole.
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C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Gina Terraneo, Management Analyst II
Date: April 25, 2022
Subject: Approve the Board of Directors Regular Meeting Minutes of March 28, 2022
Summary
The recorded minutes of the March 28, 2022 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 March 28, 2022.
Legal Review
Not applicable.
Environmental Review
Consideration of public meeting minutes is an administrative matter and is exempt from the requirements of the California Environmental
Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its
own procedures “to list those specific activities which fall within each of the exempt classes”, and the District has adopted “CEQA
Guidelines and Implementing Procedures” that state on page 6 ”Projects” does not include …. C. Continuing administrative or
maintenance activities.”
Financial Review
Not applicable.
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the April 25, 2022 Board of Directors Regular
Meeting at District Headquarters and posted on the District’s website.
Alternative Actions
1. Do not approve the meeting minutes as presented.
2. Direct staff to report back with more information.
File Attachments
Subject 4. Approve the Board of Directors Regular Meeting Minutes of March 28, 2022
Meeting Apr 25, 2022 - 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 Mar 28, 2022 - Board of Directors Regular Meeting
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minutes_2022_3_28_rm.pdf (128 KB)
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after
public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is
waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent
calendar as a whole.
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C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Autumn Alvarez, Accounting Clerk
Date: April 25, 2022
Subject: Adopt Warrant Resolution No. CMSD 2022-10 Approving District Warrant Registers
Summary
Attached is the Warrant Resolution, which ratifies the payment of certain claims and demands and specifies the funds from which they
were paid.
Recommendation
That the Board of Directors approve and file the report.
Analysis
Attached is the Warrant Resolution, which ratifies the payment of certain claims and demands and specifies the funds from which they
were paid.
Legal Review
Not Applicable.
Environmental Review
Subject activity is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section
21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures “to list those specific activities
which fall within each of the exempt classes”, and the District has adopted “CEQA Guidelines and Implementing Procedures” that state
on page 6 “”Projects” does not include .... C. Continuing administrative or maintenance activities."
Financial Review
Sufficient funds are available in the adopted budget.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the April 25, 2022 Board of Directors Regular
meeting at District Headquarters and posted on the District’s website www.cmsdca.gov.
Alternative Actions
Refer item back to staff with further instructions.
Subject 5. Adopt Warrant Resolution No. CMSD 2022-10 Approving District Warrant
Registers
Meeting Apr 25, 2022 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Budgeted Yes
Recommended Action That the Board of Directors adopt Warrant Resolution No. CMSD 2022-10 approving District
warrants for the month of March in the amount of $1,087,599.87
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File Attachments
WARRANT RESO 2022-10.pdf (490 KB)
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after
public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is
waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent
calendar as a whole.
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C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Noelani Middenway, District Clerk & PIO
Date: April 25, 2022
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 April 25, 2022 Board of Directors Regular
Meeting at District Headquarters and posted on the District’s website.
Alternative Actions
1. Do not approve the compensation and reimbursement of expenses as presented.
2. Direct staff to report back with more information.
File Attachments
director_comp.pdf (1,662 KB)
Subject 6. Approve the Directors' Compensation and Reimbursement of Expenses
Meeting Apr 25, 2022 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Recommended Action That the Board of Directors approve the compensation and reimbursement of expenses as
presented.
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All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after
public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is
waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent
calendar as a whole.
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C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Autumn Alvarez, Accounting Clerk
Date: April 25, 2022
Subject: Approve Payroll Transparency Disclosure for March 2022
Summary
Attached is the Payroll General Ledger Distribution Report summarizing each payroll during the month.
Recommendation
That the Board of Directors approve and file the report.
Analysis
Attached is the Payroll General Ledger Distribution Report summarizing each payroll during the month.
Legal Review
Not Applicable.
Environmental Review
Subject activity is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section
21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures “to list those specific activities
which fall within each of the exempt classes”, and the District has adopted “CEQA Guidelines and Implementing Procedures” that state
on page 6 “”Projects” does not include .... C. Continuing administrative or maintenance activities."
Financial Review
Sufficient funds are available in the adopted budget.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the April 25, 2022 Board of Directors Regular
meeting at District Headquarters and posted on the District’s website www.cmsdca.gov.
Alternative Actions
Refer item back to staff with further instructions.
File Attachments
Subject 7. Approve Payroll Transparency Disclosure for March 2022
Meeting Apr 25, 2022 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Fiscal Impact Yes
Budgeted Yes
Recommended Action That the Board of Directors approve and file the report.
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Payroll Transparency Disclosure Mar 2022.pdf (1,056 KB)
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after
public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is
waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent
calendar as a whole.
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C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Nabila Guzman, Management Analyst I
Date: April 25, 2022
Subject: Accept the occupancy count as presented as 23,077 and direct staff to prepare a warrant to CR&R Environmental
Services for $239,158.49 for March 2022 collection.
Summary
Accept the occupancy count as presented using 23,077 as the correct number of active units and direct staff to prepare a warrant to
CR&R Environmental Services for March 2022 collection based on this occupancy report so long as the contractor fulfills the obligations
of the agreement in the amount of $239,158.49 to be ratified in the April 2022 warrant list.
Recommendation
That the Board of Directors accept the occupancy count as presented using 23,077 as the correct number of active units and direct staff
to prepare a warrant to CR&R Environmental Services for March 2022 collection based on this occupancy report so long as the
contractor fulfills the obligations of the agreement in the amount of $239,158.49 to be ratified in the April 2022 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 March 31, 2022, total District occupancy was at 23,077 with twelve (12) new accounts added and five (5) accounts removed since
the last billing period. District staff will continue to track the number of new service addresses.
The payment calculation is based on the following:
District's Current Rate for March 2022:
23,077 x $10.3635 =$239,158.49
Legal Review
Not Applicable
Environmental Review
Subject activity is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section
21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures “to list those specific activities which
Subject 8. Accept the occupancy count as presented as 23,077 and direct staff to prepare a
warrant to CR&R Environmental Services for $239,158.49 for March 2022 collection
Meeting Apr 25, 2022 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Recommended Action That the Board of Directors accept the occupancy count as presented using 23,077 as the
correct number of active units and direct staff to prepare a warrant to CR&R Environmental
Services for March 2022 collection based on this occupancy report so long as the contractor
fulfills the obligations of the agreement in the amount of $239,158.49 to be ratified in the
April 2022 warrant list.
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fall within each of the exempt classes”, and the District has adopted “CEQA Guidelines and Implementing Procedures” that state on page
6 “”Projects” does not include …. C. Continuing administrative or maintenance activities.”
Financial Review
Sufficient funds are available in the adopted budget to pay for the services provided.
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the April 25, 2022 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
2022-03-G CMSD Occupancy Report.pdf (111 KB)
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after
public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is
waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent
calendar as a whole.
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C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Nabila Guzman, Management Analyst I
Date: April 25, 2022
Subject: Receive and File the March 2021 Organics Tonnage Report
Summary
A total of 671.91 tons of organic waste were collected in March 2022.
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 March 2022 Organics Tonnage Report
Meeting Apr 25, 2022 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Recommended Action That the Board of Directors receive and file this report.
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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 April 25, 2022 Board of Directors
Regular meeting at District Headquarters and posted on the District’s website.
Alternative Action
1. Direct staff to report back with more information
File Attachments
Organics.png (8 KB)
Tonnage.png (16 KB)
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after
public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is
waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent
calendar as a whole.
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C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Nabila Guzman, Management Analyst I
Date: April 25, 2022
Subject: Receive and File the March 2022 Solid Waste Diversion Report
Summary
Per direction from the Board of Directors the monthly solid waste diversion report has been temporarily suspended due to inaccurate data
as a result from the COVID-19 pandemic.
Recommendation
That the Board of Directors receive and file this report.
Analysis
Per direction from the Board of Directors at the April 14, 2020 Study Session meeting, the monthly solid waste diversion report has been
temporarily suspended. Due to the COVID-19 pandemic, CR&R Environmental Services temporarily suspended their recycling
processing at their Stanton Materials Recovery Facility (MRF) where the District's mixed waste is processed from March to September
2020. Below is a chart of all solid waste collected over the last seventeen years.
Subject 10. Receive and File the March 2022 Solid Waste Diversion Report
Meeting Apr 25, 2022 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Recommended Action That the Board of Directors receive and file this report.
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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 April 25, 2022 Board of Directors
Regular meeting at District Headquarters and posted on the District’s website.
Alternative Action
1. Direct staff to report back with more information
File Attachments
Organics Tonnage.png (42 KB)
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after
public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is
waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent
calendar as a whole.
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C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
Subject 11. Approve the preparation of a warrant to CR Transfer in the amount of
$201,632.18 for March 2022 recycling and disposal services in the April 2022
warrant register
Meeting Apr 25, 2022 - 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 $201,632.18 for March 2022 recycling and disposal services to be ratified in the
April 2022 warrant register.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Nabila Guzman, Management Analyst I
Date: April 25, 2022
Subject: Approve the preparation of a warrant to CR Transfer in the amount of $201,632.18 for March 2022 recycling and
disposal services in the April 2022 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 $201,632.18 for March 2022 recycling
and disposal services to be ratified in the April 2022 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 - Newport Beach 43120 71.26 $54.98 $3,917.88*
Residential Waste - Costa Mesa 43119 2626.97 $54.98 $144,430.88*
Total Residential Waste 2,698.23 $148,348.76
Organics Recycling Waste 43161 704.34 $75.65 $53,283.42*
Total Organics 704.34 $53,283.42
Grand Total 3,402.57 $201,632.18
Legal Review
Not Applicable
Environmental Review
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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 April 25, 2022 Board of Directors
regular meeting at District Headquarters and posted on the District’s website at www.cmsdca.gov.
Alternative Actions
Refer item back to staff with further instructions
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after
public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is
waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent
calendar as a whole.
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C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
To: Board of Directors
From: Scott Carroll, General Manager
Date: April 25, 2022
Subject: Sole Source Procurement of Remote Switch Operators for Arc Flash Protection at Sewer Lift Stations
Summary
An arc flash is an electrical explosion or discharge that results when the electrical current becomes uncontrolled, and passes through an
air gap between conductors in an attempt to "jump" from one conductor to another. The explosion from an arc flash is an enormous
amount of light, heat and sound. An arc flash may cause severe burns, hearing loss, eye injuries, lung damage and blast injuries.
Recommendation
That the Board of Directors receive and file this report.
Analysis
A remote switch operator will allow employees to remotely operate circuit breakers from a safe distance by allowing them to stand outside
the arc-flash boundary. After extensive research by staff, it was determined that one vendor, CBS Company, specializes in remote switch
operators. In March, CBS representatives visited CMSD lift stations to determine the appropriate remote switch operator style. It was
determined that the RSO-I-AR is the right remote switch operator for the circuit breakers at CMSD lift stations. Attached is the the
proposal along with more information about remote switch operators.
According to CMSD's Operations Code Section 4.04.120, alternative purchasing is allowed for non-public work projects when the general
manager determined such procurement is in the best interest of the District and in compliance with CMSD policies and procedures. The
general manager has determined that a competitive market for remote switch operators does not exist and because employee safety is of
the highest priority, bidding procedures for procuring a remote switch operator was waived. The general manager signed a purchase
order with CBS Company for $21,846.31, which excludes the radio remote option for $3,350.
Legal Review
Not applicable
Environmental Review
Acquiring remote switch operator is categorically exempt from CEQA review because remote switch operators are considered Class 1:
Existing Facilities that consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public
Subject 12. Sole Source Procurement of Remote Switch Operators for Arc Flash Protection
at Sewer Lift Stations
Meeting Apr 25, 2022 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Fiscal Impact No
Dollar Amount $21,846.31
Recommended Action That the Board of Directors receive and file this report.
Goals 7.0 Human Resources Management
7.8 Human Resources Management - Provide a safe work environment
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structure, facility, mechanical equipment or topographical features, involving negligible or no expansion of use beyond that existing at the
time of the lead agency's determination.
Financial Review
The cost to procure one remote switch operator (RSO-I-AR), including accessories, is $21,846.31. There is sufficient money in the FY
2021-22 Budget for this purchase.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the April 25, 2022 Board of Directors regular
meeting held at 290 Paularino Avenue, Costa Mesa and posted on the District’s website.
Alternative Actions
1. Direct staff to report back with more information.
File Attachments
CBS Proposal - Remote Switch Operator.pdf (313 KB)
Remote Switch Operators.pdf (267 KB)
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after
public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is
waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent
calendar as a whole.
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C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous
minutes of comment on the consent calendar as a whole.
To: Board of Directors
From: Scott Carroll, General Manager
Date: April 25, 2022
Subject: Receive and File March 2022 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 March 2022.
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 March 2022:
Contracts
No contracts were signed in the month of March
Purchase Orders
1. Xylem Water Solutions USA, Inc. – Purchase flyght submersible pump, hardware, piping and accessories for Project 330. Qty: 2
Cost: $24,429.62
2. Spectrum Fire Protection – Purchase 5 year fire sprinkler inspection and testing at Robin Hamers Yard. Cost: $495.00
3. Darling Window Cleaning – Exterior window cleaning at Headquarter. Cost: $560.00
4. United Water Works – Purchase 3” x 24” precast grade ring for Project 309. Qty: 1. Cost: $55.00
5. Haaker Equipment Company – Purchase screen strainer, cap and basket gasket. Cost: $77.49
Legal Review
All contracts are reviewed and approved by District Counsel before contracts are executed.
Environmental Review
Providing the Board of Directors a monthly list of contracts signed by the General Manager is an administrative matter that will not result
in direct or indirect physical changes in the environment and is not considered a "project".
Financial Review
Subject 13. Receive and file March 2022 Contracts Signed by the General Manager
Meeting Apr 25, 2022 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Fiscal Impact No
Budgeted Yes
Recommended Action That the Board of Directors receive and file this report
Goals 6.0 Administrative Management
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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 April 25, 2022 Board of Directors regular
meeting at District Headquarters and on District website at www.cmsdca.gov.
Alternative Actions
1. Direct staff to report back with more information
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after
public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is
waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent
calendar as a whole.
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E. GENERAL MANAGER'S REPORTS
To: Board of Directors
From: Scott Carroll, General Manager
Date: April 25, 2022
Subject: Proposed Drought Tolerant Landscape Design Plans for CMSD HQ
Summary
On April 12, 2022, the Board of Directors directed staff to bring this item back to tonight's meeting. The District budgeted $145,000 in the
FY 2021-22 Budget to replace the existing landscape at HQ with drought tolerant landscaping that includes a drip irrigation system. In the
fall, the District hired David Volz Design Landscape Architects, which is located in Costa Mesa, to design drought tolerant landscaping at
HQ. The cost of the contract with David Volz is $27,000.
Recommendation
That the Board of Directors:
1. Provide feedback regarding the proposed drought tolerant landscape design plans; and
2. Direct staff to report back to the Board of Directors to consider approving transferring additional funds from the Facility Revolving Fund
to Project #342 Drought Tolerant Landscaping at HQ
Analysis
Mr. Eric Sterling, of David Volz Design Landscape Architects, is the lead architect of this project. The project began by having Mr. Sterling
engage with staff on drought tolerant landscaping ideas where the project, when completed, can meet the following objectives:
1. Adhere to the District's mission of protecting the environment.
2. Reducing water consumption.
3. Provide colorful, pleasing and attractive landscape.
4. Provide sustainable features.
In addition to staff participation in the design process, Mr. Sterling met with the Citizens Advisory Committee (CAC) on January 12, 2022
to obtain feedback and suggestions regarding the proposed design suggested by staff and Mr. Sterling. The CAC submitted good
comments and suggestions, which were incorporated in the proposed design.
Mr. Sterling will be attending today's meeting to present the proposed plans to the Board. The following is a brief description of some of
the features of the proposed drought tolerant landscape design.
Approximately 21 trees on the ground will be removed. Of the 21 trees, approximately four trees are located within the City's right-
of-way and will require approval by the City's Park and Recreation Commission for removal.
Approximately 26 trees will be planted on the grounds.
A drip irrigation system will be installed that will reduce water consumption by 79%. Staff believes the reduction in water
consumption will save the District nearly $3,000 a year in water cost.
An infiltration system and a swale will be installed that will allow water to be captured from run-off and natural rain events which
will enable water to be placed back into ground water tables.
A concrete sidewalk will be installed on Redhill and Paularino to keep pedestrian safe from on-coming traffic. Currently,
pedestrians are walking in the street.
Two features that will be included in the construction that is not yet reflected in the attached design include the following:
Subject 1. Proposed Drought Tolerant Landscape Design Plans for CMSD HQ
Meeting Apr 25, 2022 - Board of Directors Regular Meeting
Access Public
Type Action
Recommended Action That the Board of Directors:
1. Provide feedback regarding the proposed drought tolerant landscape design plans; and
2. Direct staff to report back to the Board of Directors to consider approving transferring
additional funds from the Facility Revolving Fund to Project #342 Drought Tolerant
Landscaping at HQ
Goals 6.0 Administrative Management
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The monument sign on the corner of Redhill and Paularino will be relocated on Paularino adjacent to the Spectrum property. The
monument sign will have energy efficient lighting.
Energy efficient up-lights will be installed to selected trees and selected locations near the building. Solar
lighting was considered; however, staff decided against solar lighting because they can be easily removed from
thievery, have a short life expectancy, and solar lighting can be difficult to notice when placed near streets.
The proposed construction cost is $423,000, which includes 15% contingency. While the proposed cost does include relocating the
monument sign, it does not include lighting the sign nor does it include energy efficient up-lights. An electrical engineer will need be to be
retained. Currently, the market is high for construction costs due to inflation and gas prices. Staff believes the market may approve in four
to six months where construction costs would be reduced. It will take approximately four to six months before the City's Parks and
Recreation Commission could consider removing the existing trees, so staff does not oppose waiting to begin construction four to six
months from now.
The District will be applying grant funds and rebates from the Municipal Water District of Orange County (MWDOC) for removing the turf
grass and installing a drip irrigation system. Staff estimates the District is eligible to receive $10,000 to $20,000 in rebates and grant
funds to help offset construction costs.
Legal Review
Not applicable.
Environmental Review
The proposed drought tolerant landscape design is exempt from CEQA pursuant to Cal.Code Regs., title 14, §15301 to the extent that it
applies to “existing facilities” as that term is used in Section 15301, and §15302, to the extent that it results in the replacement of existing
systems (e.g. landscape grounds).
Financial Review
The Drought Tolerant Landscaping at HQ project is assigned to project number 342. The District budgeted $145,000 for this project. After
the hiring of David Volz Design Landscape Architects, the balance for this project is $118,000. This project is funded from the District's
Facilities Revolving Fund, which is a restricted fund that limits the District on how it can spend the money.
Facilities Revolving Fund is restricted and accounts for the receipt and disbursement of capacity charges (fixture fees). Funds collected
can only be used for new sewer facilities and cannot be used for maintenance or wastewater rate stabilization. In the past, the District has
used the Facilities Revolving Fund to purchase HQ buildings on 19th Street and on Paularino Avenue. District Counsel reviews and
approves projects that are eligible to be funded from the Facilities Revolving Fund account.
Year to date available cash balance in the Facilities Revolving Fund is $358,766. There is adequate funding to transfer money from the
Facilities Revolving Fund to Project #342. However, staff believes the transfer amount could be less in four to six months if the
construction market improves.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the April 25, 2022 Board of Directors regular
meeting held at 290 Paularino Avenue, Costa Mesa and posted on the District’s website.
Alternative Actions
1. Direct staff to cutback on landscape designs.
2. Do not provide feedback and/or suggestions and direct staff to continue maintaining existing landscape grounds
File Attachments
CMSD HQ Drought Tolerant Design.pdf (13,654 KB)
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E. GENERAL MANAGER'S REPORTS
To: Board of Directors
Via: Scott Carroll, General Manager
From: Nabila Guzman, Management Analyst I
Date: April 25, 2022
Subject: Battery Recycling Contest - Final Report
Summary
On July 2013, the Board of Directors directed staff to implement a Battery Recycling Pilot Contest that focused on collecting used alkaline
batteries from local schools. This year, fifteen schools participated and collected a total of 9,460 pounds of batteries. Staff is providing the
Board of Directors with a final report of this year's program, which took place from September of 2021 to March of 2022.
This year the program was made possible through a Household Hazardous Waste grant from CalRecycle. This grant was awarded in
September 2019 and runs through August 2022. The grant covers collection and recycling costs for the program ($8,538.70) while the
District is responsible for covering the reward cost for every participating school ($6,750).
Staff Recommendation
That the Board of Directors receive and file the report.
Analysis
A total of fifteen schools within the District's service area participated in this year's program and collected a total of 9,460 pounds of
alkaline batteries. Below is a chart illustrating the participating schools ranked by the total weight (in pounds) collected:
Ranking School Battery Totals (in lbs)Reward
1st Killybrooke Elementary 1,670 $1,200
2nd Davis Magnet School 1,412 $1,000
3rd Kaiser Elementary 1,086 $800
4th Sonora Elementary 1,004 $500
5th Christ Lutheran 906 $350
6th Early College High 888 $350
7th Waldorf School 508 $350
8th Victoria Elementary 431 $300
9th Rea Elementary 426 $300
10th Harper School 314 $300
11th St. John the Baptist 295 $300
12th Newport Heights Elementary 200 $300
13th Tewinkle School 132 $300
14th College Park Elementary 96 $200
15th Adams Elementary 92 $200
Total 9,460 lbs.$6,750
Subject 2. Battery Recycling Contest - Final Report
Meeting Apr 25, 2022 - Board of Directors Regular Meeting
Access Public
Type Action
Recommended Action That the Board of Directors receive and file the report.
Goals 2.3 Solid Waste - Provide a convenient method of disposing Household Hazardous Waste
(HHW)
2.0 Solid Waste
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The program works as follows:
1. Mercury Disposal Systems, Inc. (MDS) mailed five battery recycling boxes to each participating school. Additional boxes are available
upon request.
2. In order to remain time and cost-efficient, MDS staff collects the batteries on the first Friday of every month during the contest.
3. MDS then tags the boxes with each school’s name, weighs them, and sends District staff the total tonnage collected per school.
4. MDS bills CR&R and CR&R bills the District for this service. This allows us to take advantage of CR&R’s low battery disposal cost of
$0.82 per pound.
Current Award Breakdown:
1st Place: $1,200
2nd Place: $1,000
3rd Place: $800
Over 1,000 lbs: $500
500 to 999 lbs: $350
100 to 499 lbs: $300
51 to 99 lbs: $200
Under 50 lbs: $100
The graphs below demonstrate program participation over the past 9 years:
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The Battery Recycling Contest promotes recycling and environmental stewardship among local schools. It is CMSD's hope that students
will apply these principles at home, educate their families, and become good stewards of the environment. Additionally, the program
benefits the District through increased visibility within the community, the development of partnerships with local schools, and credit
towards the District's diversion rate.
Legal Review
Not applicable.
Environmental Review
The program establishes a convenient method for school children and their families to dispose of batteries, ultimately preventing the
batteries from being illegally placed in the trash and making their way to landfills. As presented, the District’s Alkaline Battery Recycling
Program is not a disturbance to the environment directly or indirectly.
Financial Review
The Battery Recycling program has a budget of $20,000 in FY 2021-22. Below is the total cost breakdown for the current fiscal year.
Fundraiser Rewards (15 Schools)$6,750.00
Disposal Costs $8,538.70
Total Program Cost $15,288.70
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the April 25, 2022 Board of Directors
regular meeting at District Headquarters and posted on the District’s website at www.cmsdca.gov.
Alternative Action
1. Direct staff to report back with more information.
File Attachments
Lbs of batteries collected.png (23 KB)
Number of Schools.png (24 KB)
Battery Recycling Contest Flyer - 2021.pdf (13,116 KB)
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E. GENERAL MANAGER'S REPORTS
To: Board of Directors
From: Noelani Middenway, CMC, District Clerk/Public Information Officer
Date: April 25, 2022
Subject: Consider appointing six members to the Citizens Advisory Committee for the term ending in March 2024
Summary
There are six vacancies on the Citizens Advisory Committee (CAC) that require Board appointment to carry out a two year term ending
March 2024.
Analysis
The Citizens Advisory Committee (CAC) consists of 11 members that provide advisory input on subject matters desired by the Board of
Directors. CAC members serve staggered two year terms. Six (6) vacancies exists with a term ending in March 2024 and requires Board
appointment.
Six (6) applications have been received and are included with this report for the Boards' consideration. The following individuals have
submitted applications:
Annette Watson
Daniel Baume
Dean Fisher
Dickie Fernandez
Michael Tou
Rosemary Chora
Recommendation
That the Board of Directors appoint six members to the Citizens Advisory Committee for the term ending in March 2024.
Legal Review
Not applicable.
Environmental Review
Appointing members to the Citizens Advisory Committee is an administrative matter, which will not result in direct or indirect physical
changes to the environment similar to grading or construction and is not considered a project under CEQA.
Financial Review
Not applicable.
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the April 25, 2022 Board of Directors Regular
Meeting at District Headquarters and posted on the District’s website.
Alternative Actions
Subject 3. Consider appointing six members to the Citizens Advisory Committee ending in
March 2024
Meeting Apr 25, 2022 - Board of Directors Regular Meeting
Access Public
Type Action
Recommended Action That the Board of Directors appoint six members to the Citizens Advisory Committee for the
term ending in March 2024
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Refer the matter back to staff.
File Attachments
baume_daniel_redacted.pdf (60 KB)
chora_rosemarie_redacted.pdf (40 KB)
fernandez_dickie_redacted.pdf (39 KB)
fisher_dean_redacted.pdf (62 KB)
tou_michael_redacted.pdf (40 KB)
watson_annette_redacted.pdf (131 KB)
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E. GENERAL MANAGER'S REPORTS
To: Board of Directors
Via: Scott Carroll, General Manager
From: Kaitlin Tran, Finance Manager
Date: April 25, 2022
Subject: Consider Approving out-of-state travel for the Finance Manager to attend the 2022 Government Finance Officers
Association (GFOA) Conference - Austin, Texas on June 5-8, 2022.
Recommendation:
Consider Approving out-of-state travel for the Finance Manager to attend the 2022 Government Finance Officers Association (GFOA)
Conference - Austin, Texas on June 5-8, 2022.
Summary
Staff is requesting the approval of out-of-state travel for the Finance Manager, Kaitlin Tran, to attend the Government Finance Officers
Association (GFOA) annual conference in Austin, Texas on Sunday, June 5, 2022 through Wednesday, June 8, 2022. There is $2,200
included in the adopted budget for staff to attend this conference.
Analysis
The GFOA conference is the premiere conference for public finance professionals from across the U.S. The annual conference covers
the latest developments in state and local government finance that will have break-out sessions about accounting, financial reporting,
capital planning, budgeting, and more. The estimated cost of attendance is as follows:
Registration $500
Lodging 800
Airfare 700
Meals/Transportation/Misc.200
Total $2,200
Legal Review
Not Applicable.
Environmental Review
Attendance at a conference 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
Subject 4. Consider Approving out-of-state travel for the Finance Manager to attend the
2022 Government Finance Officers Association (GFOA) Conference - Austin, Texas
on June 5-8, 2022
Meeting Apr 25, 2022 - Board of Directors Regular Meeting
Access Public
Type Action
Fiscal Impact Yes
Budgeted Yes
Recommended Action Consider Approving out-of-state travel for the Finance Manager to attend the 2022
Government Finance Officers Association (GFOA) Conference - Austin, Texas on June 5-8,
2022
Goals 7.4 Human Resources Management - Provide opportunities to improve individual skills,
knowledge, and leadership through professional development
8.0 Finance
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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 sufficient funds budgeted in the Finance Staff Development account of $2,200 for the Finance Manager to attend the
conference.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the April 25, 2022 Board of Directors regular
meeting at District Headquarters and on District website at www.cmsdca.gov
Alternative Actions
Do not approve the conference attendance.
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E. GENERAL MANAGER'S REPORTS
To: Board of Directors
Via: Scott Carroll, General Manager
From: Kaitlin Tran, Finance Manager
Date: April 25, 2022
Subject: Receive and File the Third Quarter Budget Review of FY 2021-22.
Summary
This report serves as a summary of the District’s spending through March 31, 2022 as well as staff’s best estimate of projected balances
for the year-ended June 30, 2022.
Recommendation
That the Board of Directors receive and file the Fiscal Year 2021-22 Third Quarter Budget Review.
Analysis
Expenditure Budgets:
The fiscal year (FY) 2021-22 Solid Waste fund adopted budget has a deficit budget of $244,500 and the Wastewater fund adopted budget
has a deficit of $431,600. This analysis report uses the “Amended Budget”, consisting of the adopted budget plus any approved prior year
carryover appropriations, as well as budget adjustments through March 31, 2022.
As of March 31, 2022, a total of 68% of the Solid Waste budget for the 2021-22 FY was expended. At this time, staff anticipates a
budgetary savings of $244,500, mainly due to savings in Maintenance and Operations. As a result, the Solid Waste fund budget being a
balanced budget at fiscal year-end.
A total of 60% of the Wastewater Fund’s operating budget has been expended as of March 31, 2022. Staff anticipates a budgetary
savings of $302,900 at fiscal year-end. With the projected budgetary savings, the Wastewater fund will still need to use the reserve funds
to balance the budget.
The Capital Improvement Projects (CIP) are projected to be within budget. Please see the attached report for a more detailed analysis.
Revenue Budgets:
The total Solid Waste Fund revenue budget for FY 2021-22 is $6,579,600. As of March 31, 2022, the District received $6,579,600,
including the transfers in from the General Fund.
The total Wastewater Fund revenue budget for FY 2021-22 is $5,963,800. As of March 31, 2022, the District received $4,078,268.
Please see the attached report for a more detailed analysis.
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.”
Subject 5. Receive and File the Third Quarter Budget Review of FY 2021-22
Meeting Apr 25, 2022 - Board of Directors Regular Meeting
Access Public
Type Receive and File
Goals 8.0 Finance
8.3 Finance - Forecast revenues and expenditures
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Financial Review
See attached report.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the April 25, 2021 Board of Directors regular
meeting at District Headquarters and on District website at www.cmsdca.gov.
Alternative Actions
Refer the matter back to staff for additional information.
File Attachments
A-FY 2021-22 Third Quarter Budget Analysis.pdf (276 KB)
B -FY 2021-22 Third Quarter Expenditure Analysis.pdf (119 KB)
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E. GENERAL MANAGER'S REPORTS
To: Board of Directors
From: Scott Carroll, General Manager
Date: April 25, 2022
Subject: Receive and File 2022 Annual Performance Measurement Report - 1st Quarter
Summary
On November 29, 2018, the Board of Directors adopted Administrative Regulations No. 70.00, Performance Measurement Program,
which established methods and procedures for gathering and analyzing organizational performance while at the same time collaborating
towards continuous improvement of performance in an open and transparent manner.
Recommendation
That the Board of Directors receive and file this report.
Analysis
A Performance Measurement Program has been developed to determine how well the District is performing in areas of efficiency,
effective workforce, customer satisfaction, cost effectiveness, citizen engagement and transparency. The purpose of the program is to
continually look at ways to improve and/or enhance the level of service that is being provided internally to staff and externally to the
public.
Legal Review
Not applicable
Environmental Review
A Performance Measurement Program 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 are no financial impacts to the District for implementing a Performance Measurement Program
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the April 25, 2022 regular 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.
File Attachments
2022 1st Qtr Outcome and Performance Measurement Program.pdf (906 KB)
Subject 6. Receive and File 2022 Annual Performance Measurement Report - 1st Quarter
Meeting Apr 25, 2022 - Board of Directors Regular Meeting
Access Public
Type Action
Recommended Action That the Board of Directors receive and file this report
Goals 6.0 Administrative Management
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E. GENERAL MANAGER'S REPORTS
To: Board of Directors
From: Scott Carroll, General Manager
Date: April 25, 2022
Subject: Receive and File 2020-25 Strategic Plan Progress Report - FY 2021-22 Third Quarter
Summary
On June 22, 2020, the Board of Directors adopted the 2020-2025 Strategic Plan, which is a plan that establishes goals, objectives,
strategies and work plans for the next five years and will help move the organization in a direction toward achieving its mission and vision.
Attached is the quarterly update of the Plan that demonstrates the progress staff is making toward achieving the strategic goals. The
next quarterly report from this Plan will be presented to the Board on July 25, 2022.
Recommendation
That the Board of Directors receive and file this report.
Analysis
The 2020-25 Strategic Plan is the most ambitious Plan in the history of the District. The Plan has 104 Strategic Goals to achieve and/or
implement in the next five years compared to 48 strategic goals in the FY 2015-20 Strategic Plan.
Legal Review
Not applicable
Environmental Review
The District’s Strategic Plan is a planning document and preparation and adoption of the plan itself 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.
The environmental review of each of the efforts or projects outlined in the Strategic Plan will occur when the Board of Directors
specifically considers each of the items since that is when the full scope of work of each effort or project will be described
Financial Review
Activities described in the strategic goals are funded in the budget.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the April 25, 2022 Board of Directors regular
meeting at CMSD headquarters and on CMSD's website at www.cmsdca.gov.
Alternative Actions
1. Direct staff to report back with more information.
Subject 7. Receive and File 2020-25 Strategic Plan Progress Report - FY 2021-22 Third
Quarter
Meeting Apr 25, 2022 - Board of Directors Regular Meeting
Access Public
Type Action
Recommended Action That the Board of Directors receive and file this report
Goals 1.0 Sewer Infrastructure
2.0 Solid Waste
3.0 Emergency Preparedness
4.0 Partnerships
5.0 Community Outreach & Communications
6.0 Administrative Management
7.0 Human Resources Management
8.0 Finance
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File Attachments
Strategic Plan Qtly Update 2021-22 3rd Qtr .xlsx (83 KB)
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F. ENGINEER'S REPORTS
To: Board of Directors
From: Mark Esquer, District Engineer
Date: April 25, 2022
Subject: Receive and File the District Engineer's Report and Capital Improvement Projects Status
Summary
The District Engineer has provided a memorandum with a brief summary of major capital or other engineering activities for the period of
mid-March to mid-April. 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.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the April 25, 2022, 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
2022 04 Monthly Engineers Report CMSD Memorandum.pdf (205 KB)
CIP Updates for April Board Meeting.pdf (836 KB)
Subject 1. Receive and File the District Engineer's Report and Capital Improvement Projects
Status
Meeting Apr 25, 2022 - Board of Directors Regular Meeting
Access Public
Type Receive and File
Goals 1.6 Sewer Infrastructure - Rehabilitate and/or replace infrastructure before reaching the
end of its life cycle
1.0 Sewer Infrastructure
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F. ENGINEER'S REPORTS
To: Board of Directors
From: Mark Esquer, District Engineer
Date: April 25, 2022
Subject: Budget adjustment to transfer $200,000 from the 329 Aviemore Forcemain Replacement Project to the 330 Westbluff
Rehab Project
Summary
The District is working on a pump station rehab project and a forcemain replacement project, Project 330 Westbluff Pump Station Rehab
(330 Westbluff) and Project 329 Aviemore Forcemain Replacement (329 Aviemore), respectively. Both projects have encountered
unknown conditions that require additional work that isn't budgeted.
The 330 Westbluff project requires about $200,000 to address the requirements of the unknown electrical condition(s). The 329 Aviemore
project requires between $100,000 to $120,000 to address the improvements required for the unknown site and retaining wall condition.
Since the 329 Aviemore project will experience delays associated with an easement issue and that project has about $200,000 in
available funds, staff is recommending that that funding be transferred to address the $200,000 requirements for the 330 Westbluff
Project.
Recommendation
Consider approving a budget adjustment to transfer $200,000 from the 329 Aviemore Forcemain Replacement Project to the 330
Westbluff Pump Station Rehab Project.
Analysis
The 330 Westbluff project is generally replacing the mechanical equipment at the station. As a result of the minor electrical work
associated with replacing the pumps and the addition of a reversing pump controller, the electrical cabinet must be upgraded to comply
with the National Fire Protection Association (NFPA) standards. Also required by NFPS standards, an arc-flash and short-circuit
coordination study must also be conducted in order to determine if an explosion-potential exists within the station electrical system. This
hazardous-energy and arc-flash (electrical-explosion) information will be placed on labels and applied to the station electrical equipment.
Staff will use the labeling to determine the appropriate personal protective equipment required to perform electrical work and/or opening
and closing electrical breakers. CalOSHA recognizes the NFPA as industry standards that must be followed. The unanticipated work will
increase the project cost by about $200,000, including design, construction, materials, and various related construction activities.
The 329 Aviemore project is replacing the forcemain. During the design work, it was determined that a portion of the station was outside
of the sewer easement. In addition, the retaining wall must be removed and replaced to safely construct the replacement forcemain. The
Subject 2. Appropriate $200,000 from the 329 Aviemore Forcemain Replacement Project to
the 330 Westbluff Rehab Project
Meeting Apr 25, 2022 - Board of Directors Regular Meeting
Access Public
Type Action, Discussion
Preferred Date Apr 25, 2022
Absolute Date May 30, 2022
Fiscal Impact No
Dollar Amount $200,000.00
Budgeted No
Budget Source Transfer $200,000 of available 329 Aviemore Forcemain Replacement Project Funds
Recommended Action Consider approving a budget adjustment to transfer $200,000 from the 329 Aviemore
Forcemain Replacement Project to the 330 Westbluff Pump Station Rehab Project.
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unknown easement condition will only have a minor impact on the budget, however, replacing the retaining wall is estimated to increase
the project requirements between $100 to $120K.
When the 330 Westbluff project and the 329 Aviemore project were envisioned during the previous Masterplan effort, the various issues
and additional project requirements were unknown. In addition, the NFPA requirements affecting electrical systems were only being
developed and not widely understood. Now that staff and District consultants started designing these projects, the unknown issues have
been determined and must be addressed for each project to proceed.
Since the District must work out the new Aviemore easement requirements and work with the home owners, that project will need time to
negotiate with homeowners, process easement documents, and record the new easements with the County. Staff is therefore
recommending to temporarily stop work on that the 329 Aviemore project, assess the capital project requirements for that project and
other capital projects, reprioritize the capital project list, then refund the project next fiscal year (FY 22/23). Due to the delays associated
with the easement work, the available 329 Aviemore project funds may be used to fund the 330 Westbluff project needs.
Determining the unknown conditions and understanding the cost impact during the design phase, will allow the required work to be bid
rather than negotiated with a low-bid contractor.
Legal Review
Legal review is not required at this time. The additional safety, electrical, and structural work will not increase the station capacity or
functionality. The additional work is required to comply with relatively new safety requirements and for the protection of property.
Environmental Review
Installing replacement piping and appurtenance with the same capacity as the existing facility 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
under 15302(c) “Replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of
capacity“.
Financial Review
The 330 Westbluff project requires about $200,000 for the additional work. The 329 Aviemore project has about $200,000 of available
funds, as of March 31, 2022. Staff is recommending the Board of Directors approve a budget adjustment to transfer $200,000 from the
329 Aviemore Project to the 330 Westbluff Project.
Project Account No.Available Balance Increase/(Decrease)Ending Balance
329 Aviemore Forcemain 20-201329-4300 $202,727 ($200,000)$2,727
330 Westbluff PS Rehab 20-201330-4300 $128,900 $200,000 $328,900
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the April 25, 2022 Board of Directors meeting at
District Headquarters (290 Paularino Avenue) and posted on the District’s website at www.cmsdca.gov.
Alternative Actions
Refer the matter back to District staff for consideration of project alternatives and return to a future Board meeting.
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G. TREASURER'S REPORTS
To: Board of Directors
From: Marc Davis, District Treasurer
Date: April 25, 2022
Subject: Approve the Investment Report for the Month of March 2022
Summary
Attached is the Investment Report for the month of March 2022. 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 March 2022.
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 March 31, 2022. 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 March 31, 2022, was 0.754%. The
yield to maturity of the portfolio was 0.598%. The District’s weighted average interest rate was 39 basis points (0.389%) above the LAIF
average monthly rate for March of 0.365%. The weighted average number of days to maturity for the District’s total portfolio was 928 days
(2.54 years). The duration of the underlying securities in LAIF as of March 31, 2022 was 310 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 March 31, 2022 was 32.66%. The District
has adequate cash reserves necessary to meet its obligations for the next six months.
A majority of the District’s cash and investments is reserved or set aside for specific purposes. A description of the various classifications
of the District’s cash and investments are as follows:
Solid Waste Fund:
Operating Reserve - Equal to 30% of the operations budget of the Solid Waste Fund per Operations Code Section
4.030.020. The Operating Reserve can only be accessed with prior Board approval.
Designated for Revenue Dry Period - Equal to 5 months of budgeted operating expenses for the fiscal year to cover the
cash deficit during the period in which the District does not receive any of its annual charges from the County of Orange.
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.
Subject 1. Approve the Investment Report for the Month of March 2022
Meeting Apr 25, 2022 - Board of Directors Regular Meeting
Access Public
Type Action
Recommended Action That the Board of Directors approve the Investment Report for the month of March 2022.
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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 March 31, 2022, the portfolio
has earned a weighted average interest rate of 0.641%.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the April 25, 2022 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 - March 2022.pdf (429 KB)
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H. ATTORNEY'S REPORTS
To: Board of Directors
From: Alan Burns, District Counsel
Date: April 25, 2022
Subject: Consider Adopting Resolution No. 2022-958 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. 2022-958 authorizing remote meetings.
Analysis
The Brown Act authorized teleconferenced meetings provided all locations involved in the call were accessible to the public and a public
agenda was posted outside the location. With the COVID 19 pandemic, the Governor issued an Executive Order (N-25-20) on March 4,
2020, which authorized remote meetings provided the meetings are accessible to the public, that agendas are prepared in advance, and
the public has a right to comment on meeting items.
N-25-20 was set to expire on September 30, 2021. The Legislature just passed AB 361 which revises the Brown Act to allow remote
meetings to continue, subject to the making of certain findings. The passage of this law created confusion since it was
effective immediately, but public agencies were relying on the older Executive Order to be able to conduct their meetings through
September 30, 2021. The Governor just issued Executive Order (N-15-21) which will authorize public agencies to rely on the prior
Executive Order until Sep 30, 2021, at which time it expires.
AB 361 is now in effect as an urgency statute. It authorizes a public agency to use remote conferencing provided a State of Emergency
exists and the local agency has imposed or recommended social distancing. Findings must be made, as discussed below. We are
required to notice the meeting and post agendas, allow the public to address the body in a meaningful manner, and by call-in or internet-
based service option. In the event of a disruption of the teleconferencing, the meeting must stop. Public comments are not allowed to be
required in advance of the meeting.
If a state of emergency exists and social distancing is recommended, the Board must adopt a resolution at its first meeting, and every 30
days thereafter, making at least one of the following findings: that the state of emergency continues to exist, that the state of emergency
continues to directly impact the ability of persons to meet safely in person, or that state or local officials continue to impose or recommend
social distancing.
Legal Review
District Counsel has prepared this staff report and Resolution No. 2022-958.
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 1. Consider Adopting Resolution No. 2022-958 Authorizing Remote Meetings
Meeting Apr 25, 2022 - Board of Directors Regular Meeting
Access Public
Type Action
Recommended Action That the Board of Directors adopt Resolution No. 2022-958 authorizing remote meetings.
Goals 6.0 Administrative Management
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There are no financial impacts to the District for adopting Resolution No. 2022-958.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the April 25, 2022 regular meeting at District
Headquarters and on District website at www.cmsdca.gov.
Alternative Actions
1. Do not adopt Resolution No. 2022-957 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. 2022-957 and direct staff to report back with more information.
File Attachments
resolution_2022-958_remote meeting extension.docx (21 KB)
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H. ATTORNEY'S REPORTS
To: Board of Directors
From: Alan Burns, District Counsel
Date: April 25, 2022
Subject: Consider Adopting Ordinance No. 2022-134 Adding Chapter 3.04 to the Operations Code Reflecting the Change to the
District's Electoral System from At-Large to By-Division Elections
Summary
This ordinance proposes a chapter in the Operations Code to provide a ready reference for by division elections. A short history,
statement of the law and the sequencing of the elections, is provided for future elections. Authority to adopt maps by resolution is also
provided so code amendments are not required every 10 years.
Analysis
In 2018 the Board was challenged with a lawsuit that contended that the District’s at large election system violated the California Voting
Rights Act (Elections Code §14025 et seq.) by diluting the vote of protected classes and caused racially polarized voting. The Board of
Directors availed itself of the safe harbor provisions of the law and implemented by-division voting utilizing the procedures set forth in
Elections Code Section 10010. The Board has adopted a resolution establishing voting divisions in 2018, and adjusted that map for the
federal decennial census. The Board desires that the District have a framework reference for future map adoptions that can be done by
resolution. This ordinance provides the framework reference.
Staff Recommendation
Staff recommends that the Board adopt the ordinance establishing a chapter in the District Operations Code to provide a ready reference
for how the District implemented by-division elections.
Legal Review
District Counsel prepared the ordinance and agenda report, in consultation with staff.
Environmental Review
Consideration of the ordinance 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 April 25, 2022 Board of Directors Regular
Meeting at District Headquarters and posted on the District’s website.
Alternative Actions
The alternative would be to not adopt this housekeeping measure. This is not recommended as future questions about elections will arise
and be benefitted from this chapter which establishes the history, law and framework for how the District implemented the by-division
system.
File Attachments
Subject 2. Consider Adopting Ordinance No. 2022-134 Adding Chapter 3.04 to the
Operations Code Reflecting the Change to the District's Electoral System from At-
Large to By-Division Elections
Meeting Apr 25, 2022 - Board of Directors Regular Meeting
Access Public
Type Action
Recommended Action That the Board of Directors adopt Ordinance No. 2022-134 establishing a chapter in the
District Operations Code to provide a ready reference for how the District implemented by-
division elections.
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Ordinance No 134.docx (21 KB)
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I. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is
required to be given by a Director for any meeting for which expense
reimbursement of any kind is provided. Note: For meetings for which the per
diem compensation is sought, the Operations Code provides that such
compensation is authorized for each day’s service rendered as a Director at the
request of the Board (not to exceed six days in one month), and certain meetings
are specified as being eligible as set forth in District Operations Code §
3.01.030. For meetings not so listed, the Board must approve the service for it to
be eligible for the per day compensation.
Subject 1. Orange County Sanitation District (OCSD) - (President Ooten)
Meeting Apr 25, 2022 - Board of Directors Regular Meeting
Access Public
Type
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I. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is
required to be given by a Director for any meeting for which expense
reimbursement of any kind is provided. Note: For meetings for which the per
diem compensation is sought, the Operations Code provides that such
compensation is authorized for each day’s service rendered as a Director at the
request of the Board (not to exceed six days in one month), and certain meetings
are specified as being eligible as set forth in District Operations Code §
3.01.030. For meetings not so listed, the Board must approve the service for it to
be eligible for the per day compensation.
Subject 2. Santa Ana River Flood Protection Agency (SARFPA) - (Director Perry)
Meeting Apr 25, 2022 - Board of Directors Regular Meeting
Access Public
Type
4/21/22, 4:03 PM BoardDocs® Pro
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I. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is
required to be given by a Director for any meeting for which expense
reimbursement of any kind is provided. Note: For meetings for which the per
diem compensation is sought, the Operations Code provides that such
compensation is authorized for each day’s service rendered as a Director at the
request of the Board (not to exceed six days in one month), and certain meetings
are specified as being eligible as set forth in District Operations Code §
3.01.030. For meetings not so listed, the Board must approve the service for it to
be eligible for the per day compensation.
Subject 3. Independent Special Districts of Orange County (ISDOC) - (Secretary Schafer)
Meeting Apr 25, 2022 - Board of Directors Regular Meeting
Access Public
Type
4/21/22, 4:03 PM BoardDocs® Pro
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I. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is
required to be given by a Director for any meeting for which expense
reimbursement of any kind is provided. Note: For meetings for which the per
diem compensation is sought, the Operations Code provides that such
compensation is authorized for each day’s service rendered as a Director at the
request of the Board (not to exceed six days in one month), and certain meetings
are specified as being eligible as set forth in District Operations Code §
3.01.030. For meetings not so listed, the Board must approve the service for it to
be eligible for the per day compensation.
Subject 4. California Special Districts Association (CSDA) - (Secretary Schafer)
Meeting Apr 25, 2022 - Board of Directors Regular Meeting
Access Public
Type
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I. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is
required to be given by a Director for any meeting for which expense
reimbursement of any kind is provided. Note: For meetings for which the per
diem compensation is sought, the Operations Code provides that such
compensation is authorized for each day’s service rendered as a Director at the
request of the Board (not to exceed six days in one month), and certain meetings
are specified as being eligible as set forth in District Operations Code §
3.01.030. For meetings not so listed, the Board must approve the service for it to
be eligible for the per day compensation.
Subject 5. Special District Risk Management Authority (SDRMA) - (Vice President Scheafer)
Meeting Apr 25, 2022 - Board of Directors Regular Meeting
Access Public
Type
4/21/22, 4:03 PM BoardDocs® Pro
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I. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is
required to be given by a Director for any meeting for which expense
reimbursement of any kind is provided. Note: For meetings for which the per
diem compensation is sought, the Operations Code provides that such
compensation is authorized for each day’s service rendered as a Director at the
request of the Board (not to exceed six days in one month), and certain meetings
are specified as being eligible as set forth in District Operations Code §
3.01.030. For meetings not so listed, the Board must approve the service for it to
be eligible for the per day compensation.
Subject 6. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55,
Operations Code Section 3.01.030
Meeting Apr 25, 2022 - Board of Directors Regular Meeting
Access Public
Type
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L. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS
Subject 1. Oral Communications and Director Comments
Meeting Apr 25, 2022 - Board of Directors Regular Meeting
Access Public
Type Discussion
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O. CLOSING ITEMS
The next regular meeting of the Costa Mesa Sanitary District Board of Directors will be held at 4:30 p.m. on Monday, May 23, 2022 in the
District's Boardroom, located at 290 Paularino Avenue, Costa Mesa, CA 92626.
Subject 1. Adjourn
Meeting Apr 25, 2022 - Board of Directors Regular Meeting
Access Public
Type Procedural