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Wednesday, July 12, 2023
Joint Citizens Advisory Committee and Board of Directors Meeting
Time: 6:00 p.m.
Location: Costa Mesa Sanitary District - 290 Paularino Ave., Costa Mesa, CA 92626
***
The livestream of the meeting can be viewed by clicking the "Video" icon on this page (which will be
made available at the start of the meeting) or by visiting www.youtube.com/CostaMesaSanitary.
***
To participate in the meeting by computer:
1. Copy and past the following into your browser - https://us02web.zoom.us/join
2. Enter the Meeting ID number - 885 8027 5211
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 885 8027 5211#
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 Citizens Advisory Committee and 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 CAC/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
2. Roll Call
3. Public Comments - Speakers will be limited to three minutes. The three minutes per speaker time allotted may be
extended for good cause by a majority vote of the committee.
B. ITEM
1. Approve the Citizens Advisory Committee Meeting Minutes of May 10, 2023
2. Receive and File Citizens Advisory Committee FY 2023-24 Proposed Work Plan
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3. Review and Comment on Revisions to the Administrative Policies Manual, Board of Directors Procedures Handbook, and
Citizen's Advisory Handbook and Employee Handbook
4. Board of Directors Term Limits
C. CLOSING ITEMS
1. Committee Member Comments
2. Board/Staff Comments
3. Adjournment
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Wednesday, July 12, 2023
Joint Citizens Advisory Committee and Board of Directors Meeting
Time: 6:00 p.m.
Location: Costa Mesa Sanitary District - 290 Paularino Ave., Costa Mesa, CA 92626
***
The livestream of the meeting can be viewed by clicking the "Video" icon on this page (which will be
made available at the start of the meeting) or by visiting www.youtube.com/CostaMesaSanitary.
***
To participate in the meeting by computer:
1. Copy and past the following into your browser - https://us02web.zoom.us/join
2. Enter the Meeting ID number - 885 8027 5211
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 885 8027 5211#
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 Citizens Advisory Committee and 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 CAC/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
Meeting Jul 12, 2023 - Joint Citizens Advisory Committee and Board of Directors Meeting
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Type
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A. OPENING ITEMS
Member Position Term
Sue Lester Chair 2023-25
Michael Tou Vice Chair 2022-24
Annette Watson Member 2022-24
Cindy Brenneman Member 2023-25
Daniel Baume Member 2022-24
Dean Fisher Member 2022-24
Dickie Fernandez Member 2022-24
Jeff Arbour Member 2023-25
Rosemarie Chora Member 2022-24
Francesca Normington Member 2023-25
Board of Directors
Michael Scheafer, President
Arlene Schafer, Vice President
Arthur Perry, Secretary
Robert Ooten, Vice Secretary
Brett Eckles, Director
Subject 2. Roll Call
Meeting Jul 12, 2023 - Joint Citizens Advisory Committee and Board of Directors Meeting
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A. OPENING ITEMS
Subject 3. Public Comments - Speakers will be limited to three minutes. The three minutes
per speaker time allotted may be extended for good cause by a majority vote of
the committee.
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B. ITEM
To: Citizens Advisory Committee
Via: Scott Carroll, General Manager
From: Gina Terraneo, Management Analyst II
Date: July 12, 2023
Subject: Approve the Citizens Advisory Committee Meeting Minutes of May 10, 2023
Summary
The recorded minutes of the May 10, 2023 Citizens Advisory Committee Meeting are hereby submitted to the Citizens Advisory Committee for
review and approval.
Analysis
Attached to the staff report are the minutes for the Citizens Advisory Committee Meeting on May 10, 2023.
Staff Recommendation
That the Citizens Advisory Committee approves 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 July 12, 2023 Citizens Advisory Committee Meeting at
District Headquarters and posted on the District’s website.
Alternative Actions
1. Do not approve the meeting minutes as presented.
2. Direct staff to report back with more information.
File Attachments
minutes_2023_05_10_cac.pdf (83 KB)
Subject 1. Approve the Citizens Advisory Committee Meeting Minutes of May 10, 2023
Meeting Jul 12, 2023 - Joint Citizens Advisory Committee and Board of Directors Meeting
Access Public
Type Action, Minutes
Recommended
Action
That the Citizens Advisory Committee approves the meeting minutes as presented.
Minutes View Minutes for May 10, 2023 - Citizens Advisory Committee
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B. ITEM
To: Board of Directors and Citizens Advisory Committee
From: Scott Carroll, General Manager
Date: July 12, 2022
Subject: Receive and File Citizens Advisory Committee FY 2023-24 Proposed Work Plan
Summary
According to Section III.D of the Citizens Advisory Committee (CAC) Handbook, each year the CAC Chair will meet and consult with the Board
President and General Manager to determine the District's goals and objectives for the following year and convey those needs to the CAC. On
June 1, 2023, a meeting between Chair Sue Lester, Vice Chair Michael Tou, President Mike Scheafer and General Manager Scott Carroll
occurred to discuss the work plan for upcoming year.
Recommendation
That the Board of Directors and Citizens Advisory Committee consider approving the proposed FY 2023-24 Work Plan.
Analysis
On June 1, 2023, a meeting between Chair Sue Lester, Vice Chair Michael Tou, President Mike Scheafer and General Manager Scott Carroll
occurred to discuss the work plan for upcoming year. Attached is the schedule being proposed for Board of Directors and CAC approval
consideration.
Legal Review
Not applicable
Environmental Review
Selecting topics to discuss at future CAC meetings and identifying goals and objectives for the coming year 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 selecting future CAC topics and identifying goals and objectives.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the July 12, 2023 Board of Directors and Citizens Advisory
Committee joint 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
2023-24 CAC Workplan.docx (17 KB)
Subject 2. Receive and File Citizens Advisory Committee FY 2023-24 Proposed Work Plan
Meeting Jul 12, 2023 - Joint Citizens Advisory Committee and Board of Directors Meeting
Access Public
Type Action
Recommended
Action
That the Board of Directors and Citizens Advisory Committee consider approving the
proposed FY 2023-24 Work Plan.
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B. ITEM
To: Board of Directors & Citizens Advisory Committee
Via: Scott Carroll, General Manager
From: Dyana Bojarski, Administrative Services Manager
Date: July 12, 2023
Subject: Review and Comment on Revisions to the Administrative Policies Manual, Board of Directors Procedures Handbook,
Citizen's Advisory Handbook, and Employee Handbook
Summary
On September 26, 2022, the Board of Directors approved creating an Ad Hoc Policy Committee to review District policies and ordinances and to
make revisions, if necessary, to ensure the documents are up to date with existing laws and District procedures. The Board appointed Directors
Art Perry and Vice President Arlene Schafer to serve on the Committee. In the same month, the Citizens Advisory Committee appointed Dean
Fisher and Chair Sue Lester to serve on the Committee.
Recommendation
That the Board of Directors and Citizens Advisory Committee discuss and provide comments to staff regarding revisions to District policies and
codes and direct staff to bring back for adoption at future Board of Directors Meeting.
Analysis
The Ad Hoc Committee met on five different occasions. All of the meetings were open to the public in compliance with the Brown Act. The
attached documents include the recommended revisions made by the Ad Hoc Committee and staff. Below is a brief description of significant
changes made to each document.
Operations Code
The Operations Code consists of adopted ordinances made by the Board of Directors that pertain to the ongoing operation of the District. It
serves as a reference of the District's laws for staff and the public. Because the regulations in the Operations Code are law, any violation of the
ordinances are enforced in a court of law where it is a misdemeanor if any person, firm, or corporation is found guilty and the punishment can
be by a fine of up to one-thousand dollars per day and/or up to six months in jail. Attached is the strike-through version illustrating the proposed
revisions.
Administrative Policies
Subject 3. Review and Comment on Revisions to the Administrative Policies Manual, Board
of Directors Procedures Handbook, and Citizen's Advisory Handbook and
Employee Handbook
Meeting Jul 12, 2023 - Joint Citizens Advisory Committee and Board of Directors Meeting
Access Public
Type Action, Discussion
Fiscal Impact No
Budgeted No
Recommended
Action
That the Board of Directors and Citizens Advisory Committee discuss and provide comments
to staff regarding revisions to District policies and codes and direct staff to bring back for
adoption at a future Board of Directors Meeting
Goals 6.0 Administrative Management
6.3 Administrative Management - Plan periodic reviews and updates of District policies
and procedures
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Administrative Polices are a set of formal procedures enacted by the District that govern management decision-making. They help establish the
legitimacy of management action by ensuring that management decisions are objective, fair and consistent. They also help ensure
accountability. Attached is the strike-through version illustrating the proposed revisions.
Board of Directors Procedures Handbook
The Board of Directors Procedures are intended to be a guide for the preparation for and conduct of Board of Directors meetings. Attached is
the strike-through version illustrating the proposed revisions.
Citizen Advisory Committee Handbook
The Citizens Advisory Committee Handbook has been designed to assist the Citizens Advisory Committee (CAC) in understanding its general
responsibilities. Attached is the strike-through version illustrating the proposed revisions including the proposed change of name for the
committee to "Community Advisory Committee."
Employee Handbook
The Employee Handbook is a compilation of rules, policies and procedures which govern and affect personnel administration for all employees
of the District. Some rules, policies and procedures are required by federal and state law, while others were adopted by the Board to ensure a
personnel administration system that is based on merit principles for recruiting, selecting, and advancing employees, providing equitable and
adequate compensation, training employees to assure high quality performance, retaining employees based on the adequacy of their
performance, correcting inadequate performance and separating employees whose inadequate performance cannot be corrected and assuring
impartial treatment of applicants and employees in all aspects of personnel administration.
Attached are the strike-through versions of Policy 1.7 Dress Code and Policy 2.3 Benefits that include the revisions have been approved by the
General Manager since the final Ad Hoc Committee Policy meeting on May 8, 2023, along with the final document Employee Handbook 2023-
05.
Legal Review
The policy revisions are a for first review and comments. These policies still need to be reviewed by District Counsel. Staff will bring back to the
Board of Directors for approval after District Counsel has reviewed the revisions.
Environmental Review
Revising subject documents is an administrative matter and is categorically exempt under the California Environmental Quality Act (CEQA)
(Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures “to list those
specific activities which fall within each of the exempt classes”, and the District has adopted “CEQA Guidelines and Implementing Procedures”
that state on page 6 “”Projects” does not include …. C. Continuing administrative or maintenance activities.”
Financial Review
There are no financial impacts to the District for revising and adopting the attached documents
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the July 12, 2023 Board of Directors and Citizens Advisory
Committee joint meeting at District Headquarters and on District website at www.cmsdca.gov
Alternative Actions
1. Direct staff to come back with additional information.
File Attachments
Administrative Policies Manual (Ad Hoc Committee Revisions).pdf (1,242 KB)
CAC Handbook (Ad Hoc Committee Revisions) .pdf (772 KB)
OPERATIONS CODE_(Ad Hoc Committee Revisions).pdf (1,289 KB)
Board of Directors Handbook_ (Ad Hoc Committee Revisions) .pdf (609 KB)
1.7 - Dress Code MARKUPS - 2023-07-01- .pdf (198 KB)
2.3 Benefits MARKUPS - 2023-07-01.pdf (351 KB)
Employee_Handbook_2023-05.pdf (2,483 KB)
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B. ITEM
To: Board of Directors and Citizens Advisory Committee
From: Scott Carroll, General Manager
Date: July 12, 2024
Subject: Board of Directors Term Limits
Summary
On April 24, 2023, the Board of Directors approved establishing an ad hoc committee to discuss the possibility of the district adopting a policy for
term limits for the Board of Directors. The Board appointed Vice Secretary Ooten and Director Eckles to serve on the ad hoc committee. The
Committee met on May 11 and June 8, 2023 to discuss term limits. The following are the Committee's findings.
Recommendation
That the Board of Directors and Citizens Advisory Committee provide direction to staff.
Analysis
Staff researched adopted term limits for elected governing bodies for cities, independent special districts and school districts. Attached are the
findings of staff's research.
Of the 33 cities in Orange County, 22 of them, or 67% of cities in Orange County have term limits for their city councils. The limits vary from two
to three consecutive 4-year terms. There are 28 school districts in Orange County. Only three, or 11% of school districts in Orange County have
term limits for their Board of Trustees. The limits for all three school districts are three consecutive 4-year terms.
There are 34 independent special districts in Orange County. However, some special districts are governed by their existing city council
members or board of supervisors, while other districts are appointed by cities and the county and some districts are located in gated
communities. Staff's survey focused on the 20 independent special districts that are governed by board of directors who are elected by their
constituents in open communities. Of the 20 independent special districts in Orange County, none of them have term limits for their board of
directors.
Local government elected officials cannot arbitrarily approve and/or adopt term limits for their governing body, without first, obtaining approval
from the voters. Term limits must be approved by registered voters of the community during special, primary or general elections, per state
law, Gov. Code Sec. 53077. The statute begins by saying,
"Notwithstanding any other provision of law, the governing body of a district may adopt or the residents of a district may propose, by initiative, a
proposal to limit or repeal a limit on the number of terms a member of the governing body of the district may serve on the governing body of the
district."
The Board of Directors could adopt proposed language for term limits and then follow state codes and the County Registrar's rules for placing a
measure on a ballot. The process is a little more rigorous for residents who want to initiate term limits. Residents who want their elected
governing body to place a particular language for term limits on the ballot have to go through an elaborate signature gathering and certification
process, as described in the State's Elections Code Sec. 9300 et seq. Below is a brief summary of a residents led initiative process.
A proposed term limit language may be submitted to the Board of Directors by an initiative petition. The initiative petition must be filed with the
County Registrar of Voters and signatures must be obtained. Before circulating the petition, the proponents shall publish a notice of intention. It
must be accompanied by a printed statement with the reasons for the proposed petition, not to exceed 500 words. The notice shall be signed by
one to five proponents.
Then the notice of intention along with a statement must be published in the newspaper. Within ten days of publishing, the notice of intention
and statement must be filed with the County Registrar of Voters with an affidavit from the newspaper stating that it was published. After
publication, the petition may be circulated among the voters of the district.
Subject 4. Board of Directors Term Limits
Meeting Jul 12, 2023 - Joint Citizens Advisory Committee and Board of Directors Meeting
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Type Discussion
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Signatures are required to be secured and filed within 180 days of date of publication of the notice of intention and statement. Each section of
the petition shall have attached thereto the affidavit of the person circulating the petition. Within 30 days of filing the petition, the County
Registrar of Voters shall examine the petition and from the registration records determine if the petition is signed by the requisite number of
voters. A certificate shall be attached showing the results of the examination. If the signatures are found insufficient, no further action is taken.
However, if sufficient the County Registrar of Voters shall certify the examination results at the next regular County Board of Supervisors
meeting.
If the initiative petition is signed by 10% of the voters (The District has 65,465 registered voters, so 10% would be 6,546), then if it calls for a
special election, the Board of Directors shall either:
1. Adopt an ordinance imposing term limits.
2. Submit the question to the voters.
The proponent can withdraw the initiative any time before the 88 day before the election. The ordinances must be printed and available to the
public upon request. CMSD’s district clerk shall submit a copy of the ordinance to the County Counsel to prepare an impartial analysis. The
persons filing the petition may file a written argument in favor of the ordinance. The District Board of Directors may submit an argument against
the ordinance.
The County Registrar of Voters will set the date for arguments to be submitted and rebuttal arguments are allowed. If a majority of the voters
voting at the election vote in favor of the ordinance, it shall become a valid and binding ordinance. It takes effect 10 days after the vote is
declared. However, In 2012, the California Attorney General opine that only terms beginning after a term limit measure is adopted can be
counted toward any limits a measure imposes (No. 11-401). For instance, if a three-term limit measure passed in 2024, the incumbent whose
existing term ended in 2024, can run for three more consecutive terms.
Once adopted by initiative petition it may not be repealed except by a vote of the people.
The ad hoc committee requested further information from staff. Specifically,
Will a term limit ordinance prevent an incumbent in one director’s office from running for another?
The answer to this question will depend on how the ordinance is written. The ordinance could prohibit a board member from running
for any director office, so that would, on its face, prevent an incumbent in his/her existing division run for a different division. The ordinance could
specifically state that it shall only prevent a person from running for the specific office (e.g., director, division 2). That does not discuss the issue
of the person having eligibility to run for the office by virtue of residency. To be elected in one of the divisions, residency must be established.
You must not only reside in the division but must also be registered to vote there. (CMSD §3.04.010) If you vacate your residency, you vacate
your office. (3.04.030).
How much would it cost to place a Term Limit Initiative on the ballot?
Stand-Alone Election November 7, 2023, ESTIMATE – $604,383 - $751,250
March 2024 Consolidated Election ESTIMATE – $165,725 - $197,374
November 2024 Consolidated Election ESTIMATE – $144,122 - $168,569
Attached is the breakdown of costs provided by the County Registrar of Voters.
Legal Review
District Counsel has reviewed this report.
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
Financial impacts to the district are described above and in the attachment.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the July 12, 2023 Board of Directors and Citizens
Advisory Committee joint 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.
th
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File Attachments
Term Limits.pdf (157 KB)
Ballot Initiative Costs.pdf (150 KB)
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C. CLOSING ITEMS
Subject 1. Committee Member Comments
Meeting Jul 12, 2023 - Joint Citizens Advisory Committee and Board of Directors Meeting
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C. CLOSING ITEMS
Subject 2. Board/Staff Comments
Meeting Jul 12, 2023 - Joint Citizens Advisory Committee and Board of Directors Meeting
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C. CLOSING ITEMS
The next Citizens Advisory Committee meeting will be held at 6:00 p.m. on Wednesday, September 13, 2023 in the District's Boardroom, located
at 290 Paularino Avenue, Costa Mesa, CA 92626.
Subject 3. Adjournment
Meeting Jul 12, 2023 - Joint Citizens Advisory Committee and Board of Directors Meeting
Access Public
Type Procedural