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Monday, March 25, 2024
Board of Directors Regular Meeting
Time: 4:30 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 paste the following into your browser - https://us02web.zoom.us/join
2. Enter the Meeting ID number - 850 1825 3471
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 850 1825 3471#
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 Scheafer
2. Pledge of Allegiance - President Scheafer
3. Invocation - Vice President Schafer
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 February 13, 2024
3. Approve the Board of Directors Regular Meeting Minutes of February 26, 2024
4. Approve Payroll Transparency Disclosure for February 2024
5. Adopt Warrant Resolution No. CMSD 2024-09 Approving District Warrant Registers
6. Approve the Directors' Compensation and Reimbursement of Expenses
7. Approve the Occupancy Count of 23,108 and Direct Staff to Prepare a Warrant to CR&R Environmental Services
for $258,495.33 for February 2024 Solid Waste Collection Services
8. Approve the Preparation of a Warrant to CR Transfer for $189,886.65 in the March 2024 Warrant Register for
February 2024 Recycling and Disposal Services
9. Receive and File February 2024 Organics Tonnage Report
10. Receive and File February 2024 Solid Waste Diversion Report
11. Approve the Investment Report for the Month of February 2024
12. Adopt Updated Records Retention Schedule
13. Receive and File February 2024 Contracts Signed by the General Manager
D. PUBLIC HEARINGS
E. GENERAL MANAGER'S REPORTS
1. Consider Adopting Ordinance No. 138 Adopting Revisions to the Operations Code
2. Consider Authorizing President Mike Scheafer to Submit the Declaration of Qualification to Vote and Nominations,
if any, for the Orange County Local Agency Formation Commission Regular Special District Member Seat
3. Consider Appointment of Eight (8) Citizens Advisory Committee Members
4. Consider Approving Contribution Program Application for Concerts in the Park in the amount of $2,500
5. Consider Approving Contribution Application Request of $3,000 for Love Costa Mesa City Wide Serve Day on May
18, 2024
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F. ENGINEER'S REPORTS
1. Receive and File the District Engineer's Monthly Report and Capital Improvement Projects Status
2. Recieve and file staff report on Project #351 Adams #138303 Grade 5 Sewer Replacement
3. FY 23-24 CIP Budget Adjustments and Create two New Project #354 Elden Fan Replacement Project and New
Project #355 SCP Sewer Urgent Capital Repair project.
G. TREASURER'S REPORTS
H. ATTORNEY'S REPORTS
1. Oral report of Executive Compensation (General Manager) (Government Code §54953(c)(3))
2. Consider Approving Second Amendment to Restated Employment Agreement for Scott Carroll, General Manager
and Consider Approving General Manager's Annual Compensation of $231,484
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) - (Vice Secretary Ooten)
2. Santa Ana River Flood Protection Agency (SARFPA) - (Secretary Perry)
3. Independent Special Districts of Orange County (ISDOC) - (Vice President Schafer)
4. California Special Districts Association (CSDA) - (Vice President Schafer)
5. Special District Risk Management Authority (SDRMA) - (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, March 25, 2024
Board of Directors Regular Meeting
Time: 4:30 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 paste the following into your browser - https://us02web.zoom.us/join
2. Enter the Meeting ID number - 850 1825 3471
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 850 1825 3471#
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 Scheafer
Meeting Mar 25, 2024 - Board of Directors Regular Meeting
Access Public
Type Procedural
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A. OPENING ITEMS
Subject 2. Pledge of Allegiance - President Scheafer
Meeting Mar 25, 2024 - Board of Directors Regular Meeting
Access Public
Type Procedural
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A. OPENING ITEMS
Subject 3. Invocation - Vice President Schafer
Meeting Mar 25, 2024 - Board of Directors Regular Meeting
Access Public
Type Procedural
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A. OPENING ITEMS
Michael Scheafer, President
Arlene Schafer, Vice President
Arthur Perry, Secretary
Robert Ooten, Vice Secretary
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 Mar 25, 2024 - 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 Mar 25, 2024 - Board of Directors Regular Meeting
Access Public
Type Procedural
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A. OPENING ITEMS
Subject 6. Ceremonial Matters and Presentations
Meeting Mar 25, 2024 - 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 Mar 25, 2024 - 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 Mar 25, 2024 - 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: March 25, 2024
Subject: Approve the Board of Directors Study Session Minutes of February 13, 2024
Summary
The recorded minutes of the February 13, 2024 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 February 13, 2024.
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 March 25, 2024 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.
Subject 2. Approve the Board of Directors Study Session Minutes of February 13, 2024
Meeting Mar 25, 2024 - 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 Feb 13, 2024 - Board of Directors Study Session
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2. Direct staff to report back with more information.
File Attachments
minutes_2024_02_13_ss.pdf (85 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: March 25, 2024
Subject: Approve the Board of Directors Regular Meeting Minutes of February 26, 2024
Summary
The recorded minutes of the February 26, 2024 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 February 26, 2024.
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 March 25, 2024 Board of Directors Regular
Meeting at District Headquarters and posted on the District’s website.
Alternative Actions
Subject 3. Approve the Board of Directors Regular Meeting Minutes of February 26,
2024
Meeting Mar 25, 2024 - 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 Feb 26, 2024 - Board of Directors Regular Meeting
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1. Do not approve the meeting minutes as presented.
2. Direct staff to report back with more information.
File Attachments
minutes_2024_02_26_rm.pdf (122 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: Sean Phan, Associate Accountant
Date: March 25, 2024
Subject: Approve Payroll Transparency Disclosure for February 2024
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 March 25, 2024 Board of Directors Regular
meeting at District Headquarters and posted on the District's website www.cmsdca.gov.
Alternative Actions
Subject 4. Approve Payroll Transparency Disclosure for February 2024
Meeting Mar 25, 2024 - 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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Refer item back to staff with further instructions.
File Attachments
Payroll Transparency Disclosure February 2024.pdf (171 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: Sean Phan, Associate Accountant
Date: March 25, 2024
Subject: Adopt Warrant Resolution No. CMSD 2024-09 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 adopt Warrant Resolution No. CMSD 2024-09 approving District warrants for the month of February in the
amount of $790,170.60.
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 March 25, 2024 Board of Directors Regular
meeting at District Headquarters and posted on the District's website www.cmsdca.gov.
Subject 5. Adopt Warrant Resolution No. CMSD 2024-09 Approving District Warrant
Registers
Meeting Mar 25, 2024 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Budgeted Yes
Recommended
Action
That the Board of Directors adopt Warrant Resolution No. CMSD 2024-09 approving
District warrants for the month of February in the amount of $790,170.60.
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Alternative Actions
Refer item back to staff with further instructions.
File Attachments
WARRANT RESO 2024-09.pdf (414 KB)
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion
after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of
resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish
to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of
comment on the consent calendar as a whole.
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C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to
items listed on the consent calendar. Each speaker will be limited to four (4)
continuous minutes of comment on the consent calendar as a whole.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Noelani Middenway, District Clerk/Public Information Officer
Date: March 25, 2024
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 March 25, 2024 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
Subject 6. Approve the Directors' Compensation and Reimbursement of Expenses
Meeting Mar 25, 2024 - 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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board_comp_2024-02.pdf (856 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: Marissa Pereyda, Management Analyst II
Date: March 25, 2024
Subject: Approve the Occupancy Count of 23,108 and Direct Staff to Prepare a Warrant to CR&R Environmental Services for
$258,495.33 in the March 2024 Warrant Register for February 2024 Solid Waste Collection Services.
Summary
The District's monthly payment to CR&R Environmental Services (CR&R) for solid waste collection services is calculated by multiplying
the set occupancy rate by the occupancy count, approved each month by the Board of Directors. The current occupancy rate is
$11.1864 and the February 2024 occupancy count presented to the Board of Directors is 23,108, for a total payment of $258,495.33.
Recommendation
That the Board of Directors:
1. Approve the Occupancy Count of 23,108; and
2. Direct staff to prepare a warrant to CR&R Environmental Services for $258,495.33 in the March 2024 warrant register for February
2024 solid waste collection services.
Analysis
The occupancy count is the number of active units in the District's jurisdiction receiving solid waste collection services. The occupancy
rate approved by the Board of Directors of August 21, 2023, effective July 1, 2023, is $11.1864. The District pays CR&R $11.1864 per
occupant, per month for solid waste collection services. The occupancy count is increased of decreased monthly for new residential
developments and demolitions.
As of February 29, 2024, the District's occupancy count was 23,108 with four (4) new accounts added since the last billing period. The
occupancy count approved by the Board of Directors for January 2024 was 23,104.
The District's payment to CR&R is calculated by multiplying the occupancy count by the occupancy rate. The payment calculation for
February 2024 is included below.
Occupancy Count X Occupancy Rate = Payment to CR&R
23,108 $11.1864 $258,495.33
Subject 7. Approve the Occupancy Count of 23,108 and Direct Staff to Prepare a
Warrant to CR&R Environmental Services for $258,495.33 for February 2024
Solid Waste Collection Services
Meeting Mar 25, 2024 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Recommended
Action
That the Board of Directors:
1. Approve the occupancy count of 23,108: and
2. Direct staff to prepare a warrant to CR&R Environmental Services for $258,495.33 in
the March 2024 warrant register for February 2024 solid waste collection services.
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District staff will continue to track the number of new and removed service addresses.
Legal Review
Not applicable.
Environmental Review
Consideration of the occupancy count 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 in 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 administration or
maintenance activities.
Financial Review
Sufficient funds are available in the adopted FY 2023-24 budget.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the March 25, 2024, Board of Directors
Meeting held at 290 Paularino Avenue and posted on the District's website at www.cmsdca.gov.
Alternative Actions
Refer item back to staff with further instructions.
File Attachments
Occupancy_Report_February_2024.pdf (84 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: Marissa Pereyda, Management Analyst II
Date: March 25, 2024
Subject: Approve the preparation of a warrant to CR Transfer for $189,886.65 in the March 2024 warrant register for February
2024 recycling and disposal services
Summary
The District pays CR Transfer monthly for the sorting of recyclables from mixed waste and landfill disposal of the remaining waste. With
the implementation of the Organics Recycling Program adopted by the Board, this payment also includes the diversion of organic waste
to an anaerobic digestion facility to be recycled into renewable natural gas to fuel the solid waste collection trucks or to be processed
into compost.
Recommendation
That the Board of Directors approve the preparation of a warrant to CR Transfer for $189,886.65 in the March 2024 warrant register for
February 2024 recycling and disposal services.
Analysis
The following chart outlines the total tonnage and payments due for residential and organic waste collection in Costa Mesa and
Newport Beach during February 2024. The tonnage rates approved by the Board of Directors on August 21, 2023, effective July 1,
2023, is $59.35 per ton for mixed waste recycling and disposal and $81.66 per ton for organics recycling.
Type of Waste Invoice No.Tonnage Rate Amount Billed
Residential Waste - Newport Beach 45396 58.50 $59.35 $3,471.97*
Residential Waste - Costa Mesa 45395 2,213.59 $59.35 $131,376.67*
Total Residential Waste $134,848.64
Organics Recycling 45431 673.99 $81.66 $55,038.01*
Total Organics $55,038.01
Grand Total $189,886.65
*Due to weight ticket calculation rounding, some invoice totals may be off by a few cents.
Legal Review
Subject 8. Approve the Preparation of a Warrant to CR Transfer for $189,886.65 in the
March 2024 Warrant Register for February 2024 Recycling and Disposal
Services
Meeting Mar 25, 2024 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Recommended
Action
That the Board of Directors approve the preparation of a warrant to CR Transfer for
$189,886.65 in the March 2024 warrant register for February 2024 recycling and
disposal services.
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Not applicable.
Environmental Review
Consideration of the CR Transfer warrant 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
Sufficient funds are available in the adopted FY 2023-24 budget.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the March 25, 2024, Board of Directors
Meeting held at 290 Paularino Avenue and posted on the District's website at www.cmsdca.gov.
Alternative Actions
Refer item back to staff with further instructions.
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion
after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of
resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish
to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of
comment on the consent calendar as a whole.
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C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to
items listed on the consent calendar. Each speaker will be limited to four (4)
continuous minutes of comment on the consent calendar as a whole.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Marissa Pereyda, Management Analyst II
Date: March 25, 2024
Subject: Receive and File February 2024 Organics Tonnage Report
Summary
In February 2024, CR&R collected 673.99 tons of organic waste and recycled 642.96 tons of organic waste.
Recommendation
That the Board of Directors receive and file this report.
Analysis
The chart below outlines the total organic waste tonnage collected from the organics program and the tons recycled and landfilled. A
graph depicting the total tonnage of organic waste collected during each month of the last five fiscal years is attached to this report.
Fiscal Year 2023-24 Organics
Month Recycled Landfilled Total Collected
July 748.19 36.11 784.30
August 1003.96 48.46 1052.42
September 849.10 40.98 890.08
October 687.75 33.20 720.95
November 705.95 34.07 740.02
December 633.52 30.58 664.10
January 682.03 32.92 714.95
February 642.96 31.03 673.99
March
April
May
June
Legal Review
Subject 9. Receive and File February 2024 Organics Tonnage Report
Meeting Mar 25, 2024 - 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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Not applicable.
Environmental Review
Consideration of the Organics Tonnage Report 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 with the complete agenda packet for the March 25, 2025, Board of Directors
Regular Meeting held at 290 Paularino Avenue and posted on the District's website at www.cmsdca.gov.
Alternative Actions
Refer item back to staff with further instructions.
File Attachments
Organics_Tonnage_February_2024.pdf (213 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: Marissa Pereyda, Management Analyst II
Date: March 25, 2024
Subject: Receive and File February 2024 Solid Waste Diversion Report
Summary
In February 2024, CR&R collected 2,946.09 tons of solid waste and recycled 1,781.37 tons of solid waste.
Recommendation
That the Board of Directors receive and file this report.
Analysis
For the current fiscal year to date, the District's diversion rate is 61.14%. A tonnage summary for the past nineteen fiscal years is
attached to this report.
Legal Review
Not applicable.
Environmental Review
Consideration of the Solid Waste Diversion Report 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 with the complete agenda packet for the March 25, 2024, Board of Directors
meeting held at 290 Paularino Avenue and posted on the District's website at www.cmsdca.gov.
Alternative Actions
Refer item back to staff with further instructions.
File Attachments
Subject 10. Receive and File February 2024 Solid Waste Diversion Report
Meeting Mar 25, 2024 - 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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Tonnage_Summary_February_2024.pdf (524 KB)
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion
after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of
resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish
to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of
comment on the consent calendar as a whole.
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C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to
items listed on the consent calendar. Each speaker will be limited to four (4)
continuous minutes of comment on the consent calendar as a whole.
To: Board of Directors
From: Marc Davis, District Treasurer
Date: March 25, 2024
Subject: Approve the Investment Report for the Month of February 2024
Summary
Attached is the Investment Report for the month of February 2024. 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 February 2024.
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 February 29, 2024. The District's investments are in compliance with the Statement of Investment Policy
adopted by the Board at the June 26, 2023 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 February 29, 2024, was 2.580%.
The yield to maturity of the portfolio was 2.580%. The District's weighted average interest rate was 154basis points (1.542%) below the
LAIF average monthly rate of 4.122% for the month of February 29, 2024. The weighted average number of days to maturity for the
District's total portfolio was 502 days (1.38 years). The duration of the underlying securities in LAIF as of February 29, 2024 was 218
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 February 29, 2024 was 36.19%. 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:
Subject 11. Approve the Investment Report for the Month of February 2024
Meeting Mar 25, 2024 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Recommended
Action
That the Board of Directors approve the Investment Report for the month of February
2024.
Goals 8.0 Finance
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Operating Reserve - Equal to 30% of the operations budget of the Solid Waste Fund per Operations Code Section
4.030.020. The Operating Reserve can only be accessed with prior Board approval.
Designated for Revenue Dry Period - Equal to 5 months of budgeted operating expenses for the fiscal year to cover the
cash deficit during the period in which the District does not receive any of its annual charges from the County of Orange.
The revenue dry period is from June through October.
Undesignated - Remaining available cash, which is currently used for rate stabilization and payment of organics
recycling costs.
Wastewater Fund:
Operating Reserve - Equal to 25% of the operations budget of the Wastewater Fund per Operations Code Section
4.030.020. The Operating Reserve can only be accessed with prior Board approval.
Reserved for Capital Outlay - Set aside for capital improvement projects approved and budgeted by the Board, but
which have not yet been completed.
Designated for Revenue Dry Period - Equal to 5 months of budgeted operating expenses for the fiscal year to cover the
cash deficit during the period in which the District does not receive any of its annual charges from the County of Orange.
The revenue dry period is from June through October.
Undesignated - Remaining available cash, which is available to be appropriated by the Board.
Facilities Revolving Fund - Collection of fixture fees which is a restricted revenue source and can only be used for new sewer
facilities.
Asset Replacement Fund - Accumulation of funds for replacement of vehicles, equipment and computers.
Asset Management Fund - Accumulation of funds in accordance with the asset management model for long-term replacement
of sewer pipes and related infrastructure.
Legal Review
Legal review is not required.
Environmental Review
Subject activity is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section
21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures "to list those specific activities which
fall within each of the exempt classes," and the District has adopted "CEQA Guidelines and Implementing Procedures" that state on
page 6, "Projects" does not include...C. Continuing administrative or maintenance activities.
Financial Review
The portfolio was budgeted to earn an average rate of 1.577% for the year ending June 30, 2024. Through February 29, 2024, the
portfolio has earned a weighted average interest rate of 2.272%.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the March 25, 2024 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 - February 2024.pdf (447 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: Noelani Middenway, District Clerk/Public Information Officer
Date: March 25, 2024
Subject: Consider Adopting the Districts Updated Retention Schedule
Summary
As part of the District’s records management program, the District will update the Records Retention Schedules annually to keep up-to-date with
legal changes and Best Practices. The adoption of these retention schedules will result in efficiency gains and cost savings.
Recommendation
That the Board of Directors Adopt the updated Records Retention Schedules.
Analysis
In 2010, Costa Mesa Sanitary District selected Gladwell Governmental Services, Inc., (GGS) an expert in special District records, to develop a
comprehensive records retention schedule for the District. GGS reviews and updates the schedules to reflect changes in law and incorporate
Best Practices from other special districts to increase efficiency and take advantage of current technology.
It is GGS’s opinion that the destruction of disposition of the categories of records contained in the records retention schedule will not adversely
affect any interest of the District or the public.
The development of the records retention schedules are driven by many factors, including:
Changes in law, pertaining to special District records
CMSD produces and manages many permanent records
Escalating records storage expenses
Technology advancements
Gladwell Governmental Services, Inc. has assisted over 200 California municipal governments with their records management, records retention
and/or document imaging programs, including many special districts, agencies or units.
Legal Review
Not applicable.
Environmental Review
Adoption of an updated records retention schedule is an administrative matter, and administrative matters are exempt under CEQA and
the District’s CEQA Guidelines.
Subject 12. Adopt Updated Records Retention Schedule
Meeting Mar 25, 2024 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Budgeted Yes
Recommended
Action
That the Board of Directors Update the Districts Records Retention Schedule
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Financial Review
A budgeted amount of $1,000 has been designated for the District's Records Retention Schedule updates and professional services
with Gladwell Governmental Services, Inc. Staff has remained within budget and sufficient funds are available to cover said costs.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the March 25, 2024 Board of Directors
special meeting at District Headquarters and posted on the District’s website www.cmsdca.gov
Alternative Actions
Refer the matter back to staff.
File Attachments
__Retention Legend - FY 23-24 - District.pdf (124 KB)
__How to Use Retention Schedules FY 23-24 - District.pdf (75 KB)
_DISTRICT WIDE - (Used by ALL Departments) - CMSD - FY_23-24.pdf (115 KB)
District Clerk - CMSD - FY_23-24.pdf (107 KB)
Finance - CMSD - FY_23-24.pdf (114 KB)
General Manager - CMSD - FY_23-24.pdf (100 KB)
Human Resources - CMSD - FY_23-24.pdf (111 KB)
Information Technology - CMSD - FY_23-24.pdf (93 KB)
Liquid Waste - CMSD - FY_23-24.pdf (112 KB)
Solid Waste - CMSD - FY_23-24.pdf (94 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: March 25, 2024
Subject: Receive and File February 2024 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 February 2024.
Recommendation
That the Board of Directors receive and file this report
Analysis
The following contracts/agreements were signed by the general manager in February 2024.
Contracts/Agreements
1. Occupational Safety Training Systems - Perform various safety training sessions to staff in Wastewater Department. Cost: $5,105
2. Empower - Transferring CMSD's 457(b) plan from Mission Square to Empower. Cost: $0. Cost is paid directly by employees who are
participating in the plan.
Purchase Orders
1. Performance Pipeline Technologies – Project 336 Grade IV Sewer Repairs, Grout Lateral and Point Liner Installation on Wilson
St. Cost: $8,900
2. Roadway Construction Service – Project 351 Adams #138303 Sewer Grade 5 Dig Replace/Repair, Traffic Control for Adams #3 Lane
and Sidewalk Closure. Cost: $1,934
3. Geo-ETKA, Inc. – Project 351 Adams #138303 Sewer Grade 5 Dig Replace/Repair, Boring 6-in x 25-ft hole into Adams Ave to check
for groundwater. Cost: $5,000
Legal Review
Not applicable
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".
Subject 13. Receive and File February 2024 Contracts Signed by the General Manager
Meeting Mar 25, 2024 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Goals 6.0 Administrative Management
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Financial Review
There is adequate funding in the budget to perform the contract services mentioned above
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the March 25, 2024 Board of Directors regular
meeting at District Headquarters and on District website at . www.cmsdca.gov
Alternative Actions
Direct staff to report back with more information.
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion
after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of
resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish
to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of
comment on the consent calendar as a whole.
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E. GENERAL MANAGER'S REPORTS
To: Board of Directors
Via: Scott Carroll, General Manager
From: Dyana Bojarski, Administrative Services Manager
Date: March 25, 2024
Subject: Consider Adopting Ordinance No. 138 Adopting Revisions to the Operations Code
Summary
On September 26, 2022 the Board of Directors approved creating a Policy Ad Hoc 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
approved Directors Arlene Schafer and Art Perry to serve on the Committee. Earlier in that same month, on September 14, 2022, the
Citizen's Advisory Committee appointed Sue Lester and Dean Fisher to the Committee. At the Board of Directors meeting on January
22, 2024, the Board adopted resolutions approving the revisions to the District's Administrative Policies; Employee Handbook; Board of
Director's Procedure Handbook; and Citizen's Advisory Committee Handbook.
Recommendation
That the Board of Directors take the following action:
1. Adopt Ordinance No. 138 - Revised Operations Code in its entirety.
Analysis
The Policy Review Ad Hoc Committee met on four different occasions for public meetings on March 28, 2023, April3 and 17,2023, and
May 8, 2023. The Committee reviewed District policies and ordinances and made revisions, when necessary, to ensure the documents
were up to date with existing laws and District procedures.
The Operations Code consists of ordinances adopted 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. Any person, firm, or corporation violating the penal provisions of the
Operations Code shall be guilty of a misdemeanor and punishable by a fine of up to one-thousand dollars ($1,000) per day and/or up to six
months in jail.
A summary of revisions is as follows:
1. Section 1.04.010: Protection from sexual harassment has been extended to actions by independent contractors. New sexual
harassment training requirements have been added.
Subject 1. Consider Adopting Ordinance No. 138 Adopting Revisions to the Operations
Code
Meeting Mar 25, 2024 - Board of Directors Regular Meeting
Access Public
Type Action
Fiscal Impact No
Recommended
Action
That the Board of Directors take the following action:
1. Adopt Ordinance No. 138 - Revised Operations Code in its entirety.
Goals 6.3 Administrative Management - Plan periodic reviews and updates of District
policies and procedures
6.0 Administrative Management
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2. Section 3.01.074: Provisions for controlling disruptive speakers have been added in accordance with new law.
3. Section 4.04: The purchasing provisions have been segregated into chapters regulating general purchasing and public works
contracts. A new chapter has been added on emergency work.
4. Section 4.04.060: The General Manager’s authority to award general contracts has been increased to $15,000 from $5,000.
5. Section 6.01.040: A minimum 4” lateral requirement was added for common developments.
6. Section 4.03.090: The life of a vehicle was extended to 10-12 years on the capital asset schedule.
7. Section 6.01.060: New clean-out requirements have been added.
8. Section 6.03.020: New requirements for CCTV of laterals for remodels have been added.
9. Section 7.01.070: New HHW provisions for pickup have been added.
Otherwise, typos were fixed, code sections corrected and general organizational formatting was performed.
Attached is the strike-through version illustrating the proposed revisions recommended by the Committee and Staff.
Legal Review
District Counsel has reviewed and commented on the Operations Code. In addition, District Counsel has reviewed and approved the
attached ordinance.
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 "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 March 25, 2024 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.
File Attachments
Operations Code MARKUPS.docx (1,228 KB)
Operations Code FINAL.pdf (1,141 KB)
Ordinance Revising Operations Code.docx (15 KB)
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E. GENERAL MANAGER'S REPORTS
To: Board of Directors
From: Noelani Middenway, District Clerk/Public Information Officer
Date: March 25, 2024
Subject: Consider Authorizing President Mike Scheafer to Submit the Declaration of Qualification to Vote and Nominations, if
any, for the Orange County Local Agency Formation Commission Regular Special District Member Seat
Summary
The Orange County Local Agency Formation Commission (OC LAFCO) is seeking nominations to fill the regular Special District seat
and requests that the Costa Mesa Sanitary District authorize the Board President to submit a declaration of qualification to vote.
Recommendation
That the Board of Directors Consider Authorizing President Mike Scheafer to Submit the Declaration of Qualification to Vote and
Nominations, if any, for the Orange County Local Agency Formation Commission Regular Special District Member Seat
Analysis
The nomination period for the Orange County Local Agency Formation Commission (OC LAFCO) Regular Special District Member seat
is now open. The OC LAFCO Executive Officer will accept nominations for this seat from March 11 through April 15, 2024. The current
term for this seat expires June 30, 2024.
The appointment process for the OC LAFCO special district seat is governed by Government Code Section 56332 and the Independent
Special District Selection Committee Bylaws. In accordance with the statute and the Committee’s Bylaws, the appointment process is
conducted by mailed ballot and attached to this notification are the following:
(1) The “Declaration of Qualification to Vote” for designating the
authorized regular voting member and alternate voting member, if
applicable, of your district for this appointment process. This form must
be returned to OC LAFCO no later than 4:00 p.m., Monday, April 15, 2024.
Please note, in accordance with the Independent Special District Selection
Committee Bylaws, if OC LAFCO does not receive the form by this date,
your district will be ineligible to vote; and
(2) The “2024 Nomination Form” for submitting a candidate’s name
for the OC LAFCO Regular Special District Member seat. If your district is
nominating a candidate, the form must be filled out completely and
returned to OC LAFCO by 4:00 p.m., Monday, April 15, 2024. Candidate
resumes or other supplemental information may be attached to the
nomination form, and these materials will be distributed with the ballot.
The Board will have the opportunity to vote beginning May 6, 2024, with ballots due by 4:00 p.m. on June 10, 2024.
Legal Review
Not applicable.
Subject 2. Consider Authorizing President Mike Scheafer to Submit the Declaration of
Qualification to Vote and Nominations, if any, for the Orange County Local
Agency Formation Commission Regular Special District Member Seat
Meeting Mar 25, 2024 - Board of Directors Regular Meeting
Access Public
Type Action
Recommended
Action
That the Board of Directors Consider Appointing President Mike Scheafer to Submit the
Declaration of Qualification to Vote and Nominations, if any, for the Orange County Local
Agency Formation Commission Regular Special District Member Seat
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Environmental Review
The Board authorization to designate the Board president to submit a declaration of qualification to vote in the Orange County Local
Agency Formation Committee is an administrative matter and is not a disturbance of the environment similar to grading or construction
and is not a project under CEQA or the District’s CEQA Guidelines.
Financial Review
Not applicable.
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the March 25, 2024 Board of Directors Regular
Meeting at District Headquarters and posted on the District’s website.
Alternative Actions
Refer the matter back to staff.
File Attachments
COSTA MESA SD PKG.pdf (366 KB)
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E. GENERAL MANAGER'S REPORTS
To: Board of Directors
Via: Scott Carroll, General Manager
From: Gina Terraneo, Management Analyst II
Date: March 25, 2024
Subject: Consider Appointment of Eight (8) Citizens Advisory Committee Members
Summary
There are currently a total of eight (8) vacancies on the Citizens Advisory Committee (CAC), and thus the Board is being asked to
consider appointing new members.
Recommendation
That the Board of Directors consider appointing eight (8) Citizens Advisory Members to fill the existing vacancies for six (6) two-year
terms ending in 2026 and two (2) one-year terms ending in 2025.
Analysis
The Citizens Advisory Committee (CAC) consists of 11 members that provide advisory input on subject matters impacting the District.
CAC members serve staggered two-year terms. Eight (8) vacancies currently exist, including six (6) vacancies for the upcoming 2024-
2026 term and two (2) vacancies for the remainder of unfulfilled 2023-2025 terms.
During the March 12, 2024 Study Session, staff reported that there were a total of seven (7) vacancies; however, CAC Member
Francesca Normington vacated her seat on March 13, 2024. This created an additional vacancy for the 2023-2025 term, making a new
total of eight (8) vacancies. The District then received one additional application on March 14, 2024 from Ben Glassman, which has
been included in the list of applicants and attachments.
District staff publicized the CAC vacancies for a total of 5 weeks on the District's website, as well as through targeted email campaigns
and a total of $430 in paid social media advertisements. A total of eight (8) applications were received from the following individuals:
Michael Tou
Current CAC Vice Chair
Served on CAC a total of 1 term, 2022-2024
Division 3 resident
Rosemarie Chora
Current CAC Member
Served on CAC a total of 1.5 terms, 2021-2022 (filled a vacant 1-year term) and 2022-2024
Division 4 resident
Birger "Dickie" Fernández
Current CAC Member
Subject 3. Consider Appointment of Eight (8) Citizens Advisory Committee Members
Meeting Mar 25, 2024 - Board of Directors Regular Meeting
Access Public
Type Action
Preferred Date Mar 25, 2024
Absolute Date Mar 25, 2024
Fiscal Impact No
Recommended
Action
That the Board of Directors consider appointing eight (8) Citizens Advisory Members to
fill the existing vacancies for six (6) two-year terms ending in 2026 and two (2) one-
year terms ending in 2025.
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Served on CAC a total of 2 terms, 2020-2022 and 2022-2024
Division 2 resident
Dean Fisher
Current CAC Member
Served on CAC a total of 1 term, 2022-2024
Division 1 resident
Paul R. Lancaster
New applicant
Division 4 resident
Craig J. Holmes
New applicant
Division 1 resident
Xerxez Calilung
New applicant
Division 5 resident
Ben Glassman
New applicant
Division 1 resident
Each of the redacted applications are attached to the staff report for the Board's consideration. Per the Board's request, below is a
breakdown of the current and prospective CAC Members' voting divisions.
Voting
Division
# of Members/Applicants in
Division
Existing CAC
Members CAC Applicants
Division 1 4 Jeff Arbour Dean Fisher, Craig J.
Holmes, Ben Glassman
Division 2 1 Birger "Dickie" Fernández
Division 3 2 Cindy
Brenneman Michael Tou
Division 4 2 Rosemarie Chora, Paul R.
Lancaster
Division 5 2 Sue Lester Xerxez Calilung
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 March 25, 2024 Board of Directors Regular
Meeting at District Headquarters and posted on the District’s website.
Alternative Actions
Refer the matter back to staff.
File Attachments
Fernandez_Dickie_redacted.pdf (136 KB)
Fisher_Dean_redacted.pdf (163 KB)
Holmes_Craig_redacted.pdf (275 KB)
Lancaster_Paul_redacted.pdf (133 KB)
Tou_Michael_redacted.pdf (134 KB)
Calilung_Xerxez_redacted.pdf (125 KB)
Chora_Rosemarie_redacted.pdf (239 KB)
Glassman_Ben_redacted.pdf (160 KB)
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E. GENERAL MANAGER'S REPORTS
To: Board of Directors
Via: Scott Carroll, General Manager
From: Gina Terraneo, Management Analyst II
Date: March 25, 2024
Subject: Consider Approving Contribution Program Application for Concerts in the Park in the amount of $2,500
Summary
On July 31, 2013, the Board of Directors approved implementing new procedures for sponsoring organizations and/or events. Staff is
presenting the Board of Directors with a Contribution Program Eligibility Application to provide a Gold level sponsorship of $2,500 for
the Costa Mesa Foundation's Concerts in the Park series on July 9, 16, 23, and (possibly) 30, 2024.
Recommendation
That the Board of Directors:
1. Approve the Costa Mesa Foundation's contribution application requesting a $2,500 sponsorship for the Concerts in the Park series of
events; and
Subject 4. Consider Approving Contribution Program Application for Concerts in the
Park in the amount of $2,500
Meeting Mar 25, 2024 - Board of Directors Regular Meeting
Access Public
Type Action, Receive and File
Preferred Date Mar 25, 2024
Absolute Date May 28, 2024
Fiscal Impact Yes
Dollar Amount $2,500.00
Budgeted Yes
Budget Source 10-100100-4420 & 20-100100-4420 (Public Information/Education/Community
Promotions Sponsorships)
Recommended
Action
That the Board of Directors:
1. Approve the Costa Mesa Foundation's contribution application requesting a $2,500
sponsorship for the Concerts in the Park series of events; and
2. Make a finding that this contribution will increase District visibility and promote the
District's purposes of recycling, source separation, and wastewater collection through
educational information and activities provided at the District's event booth.
Goals 5.7 Community Outreach & Communications - Provide workshops, educational events
and special events
5.5 Community Outreach & Communications - Use clear messaging and education to
engage the community in District programs and activities
5.2 Community Outreach & Communications - Offer sustainable promotional
products
4.7 Partnerships - Participate in community events to increase visibility
4.1 Partnerships - Build relationships with local agencies, small businesses, and non-
profit agencies to promote sustainable practices
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2. Make a finding that this contribution will increase District visibility and promote the District's purposes of recycling, source separation,
and wastewater collection through educational information and activities provided at the District's event booth.
Analysis
According to the procedures implemented on July 31, 2013, the Board of Directors must do the following in order to determine if a
contribution should be made:
Establish the purpose the District is trying to serve by contributing. This purpose must be established as one of the District’s
statutory powers or a power that would be incidental to those purposes. For example, District purposes include solid waste
collection, recycling, source separation, wastewater collection, and preventing sanitary sewer overflows (SSOs).
Describe how the contribution will advance the District's purpose.
Regarding these criteria, the Concerts in the Park sponsorship may serve the purpose of increasing District visibility by providing a
community booth where District staff can promote and educate the public about the importance of recycling, source separation, and
wastewater collection. At each concert in the series, District staff can host various educational activities, including a waste sorting game
and an engaging wastewater display. These activities will promote District programs, such as the Organics Recycling Program,
Household Hazardous Waste Collection Program, FOG Prevention, and the Sewer Inspection Rebate Program. Additionally, District
staff will use this opportunity to educate residents about the upcoming transition to a 3-Cart curbside collection system and display
the black/landfill, blue/recycling, and green/organics carts. To support these outreach efforts, CMSD will distribute sustainable
giveaways and display educational materials.
As stated in the attached documents, the Gold level sponsorship of $2,500 includes the following:
CMSD Logo on all promotional materials, including the Daily Pilot ad, Costa Mesa Foundation website, social media, stage
banners, concert poster, and concert program
MC recognition at all concerts
10' x 10' community booth with table and 2 chairs at all concerts
1 preferred onsite parking pass for all concerts
Additionally, the Costa Mesa Foundation will make recycling containers available at the event.
The District has sponsored the Concerts in the Park event series at the Gold level from 2014-2019 and in 2022-2023. Due to the
pandemic, the event series was not held in 2020. In 2021, the event was held as a single concert and the District was unable to
participate due to receiving late notice about the event.
Legal Review
Not applicable.
Environmental Review
The consideration of a monetary contribution to a non-profit organization to be used as a vehicle for promoting the District is an
administrative matter and is not a disturbance of the environment, similar to grading or construction, and is not a project under CEQA or
the District’s CEQA Guidelines.
Financial Review
There are sufficient funds in the FY 24-25 Solid Waste and Wastewater Public Info/Education/Community Promotions accounts for this
sponsorship. There is a total of $7,000 budgeted in FY 24-25, with half ($3,500) in the solid waste fund and half ($3,500) in the
wastewater fund. If approved, the sponsorship will be paid after July 1, 2024 (the start of FY 24-25) and the $2,500 sponsorship amount
will be split in half between solid waste and wastewater funds.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the March 25, 2024 Board of Directors Regular
Meeting at District Headquarters and posted on the District’s website.
Alternative Actions
1. Determine that no purpose exists for providing a sponsorship for the Concerts in the Park events.
2. Approve an alternative sponsorship level of $100, $500, $1500, or $5000. (Note: Sponsorship levels under $2500 do not include an
event booth. A $5000 sponsorship includes more prominent display of sponsor logos and an additional preferred parking space;
however, contributing at this level will leave only $2,000 for other sponsorships for the remainder of the fiscal year.)
File Attachments
Concerts In The Park Contribution Application - 2024.pdf (386 KB)
Concerts In The Park Sponsorship Levels - 2024.pdf (3,604 KB)
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E. GENERAL MANAGER'S REPORTS
To: Board of Directors
From: Noelani Middenway, District Clerk/Public Information Officer
Date: March 25, 2024
Subject: Consider Approving a Contribution Application Request of $3,000 for Love Costa Mesa City Wide Serve Day on May
18, 2024
Summary
On July 31, 2013, the Board of Directors approved implementing new procedures for sponsoring organizations and/or events. Staff is
presenting the Board of Directors with a Contribution Program Eligibility Application to provide sponsorship for the Love Costa Mesa
Day event on May 18, 2024.
Recommendation
That the Board of Directors:
1. Make a finding that this contribution will increase District visibility and promote the District's purpose of
recycling/diverting organics away from landfills; and
2. Approve the contribution request of $3,000 to sponsor the Love Costa Mesa City Wide Serve Day event on May 18,
2024
Analysis
According to the procedures implemented on July 31, 2013, the Board of Directors must do the following in order to determine if a
contribution should be made.
Establish the purpose the District is trying to serve by contributing. This purpose must be established as one of the District’s
statutory powers or a power that would be incidental to those purposes. For example, District purposes include solid waste
collection, recycling, source separation, wastewater collection, and preventing sanitary sewer overflows (SSOs).
Describe how the contribution will advance the District's purpose.
Subject 5. Consider Approving Contribution Application Request of $3,000 for Love
Costa Mesa City Wide Serve Day on May 18, 2024
Meeting Mar 25, 2024 - Board of Directors Regular Meeting
Access Public
Type Action
Dollar Amount $3,000.00
Budgeted Yes
Budget Source Solid Waste Fund
Recommended
Action
That the Board of Directors:
1. Make a finding that this contribution will increase District visibility and promote the
District's purpose of recycling/diverting organics away from landfills; and
2. Approve the contribution request of $3,000 to sponsor the Love Costa Mesa City Wide
Serve Day event on May 18, 2024
Goals 4.7 Partnerships - Participate in community events to increase visibility
4.1 Partnerships - Build relationships with local agencies, small businesses, and non-
profit agencies to promote sustainable practices
2.0 Solid Waste
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Trellis, the events organizer, is requesting the sponsorship to aid with solid waste removal, excess landscape removal, and minor home
repairs. Contributions of over $1,000 will ensure that you are listed as a Contributor on all print collateral and a
booth will be provided for CMSD to provide outreach and education on District programs.
Legal Review
Not applicable.
Environmental Review
Approving a contribution application 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 administration or
maintenance activities.
Financial Review
The solid waste budget for contribution application awards has a remaining balance of $1,875.00, which does not
meet the requested amount of $3,000.00.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the March 25, 2024 Board of Directors regular
meeting at District Headquarters and on District's website.
Alternative Actions
Refer the matter back to staff.
File Attachments
contribution_program_application_3_23_2022.pdf (406 KB)
2024 Love Costa Mesa Day Partnership (2).pdf (2,983 KB)
LCM-Sponsorship Opportunities-2024.pdf (7,824 KB)
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F. ENGINEER'S REPORTS
To: Board of Directors
From: Mark Esquer, District Engineer
Date: March 25, 2024
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-February to mid-March. The District Engineer's memorandum and Monthly CIP Financial Report is attached.
Recommendation
The Board of Directors receive and file the Engineer's 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 available in the adopted budget. A
summary report of the CIP outlay, through February 2024, is attached.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the March 25, 2024, 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
2024 03 Monthly Engineers Report CMSD Memorandum.pdf (195 KB)
Subject 1. Receive and File the District Engineer's Monthly Report and Capital
Improvement Projects Status
Meeting Mar 25, 2024 - Board of Directors Regular Meeting
Access Public
Type Action, Discussion, Receive and File
Preferred Date Mar 25, 2024
Fiscal Impact No
Recommended
Action
Receive and File the District Engineer's Report and Capital Improvement Projects Status
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2024-02 Financial Section for CIP Updates.pdf (90 KB)
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F. ENGINEER'S REPORTS
To: Board of Directors
Subject 2. Recieve and file staff report on Project #351 Adams #138303 Grade 5 Sewer
Replacement
Meeting Mar 25, 2024 - Board of Directors Regular Meeting
Access Public
Type Action, Discussion, Receive and File
Preferred Date Mar 25, 2024
Fiscal Impact No
Budgeted Yes
Budget Source #351 Adams Ave #138303 Grade 5 Sewer Rplacement
Recommended
Action
Recieve and file staff report on Project #351 Adams #138303 Grade 5 Sewer
Replacement
From: Mark Esquer, District Engineer
Date: March 25, 2024
Subject: Receive and file staff report on Project #351 Adams #138303 Grade 5 Sewer Replacement
Summary
The District has an 8" sewer main in Adams Avenue near the inlet to the Adams Pump Station. A sewer joint failed within the slow
lane of west-bound traffic. The joint can't be repaired by a non-dig or liner method. Therefore, the District hired a contractor to dig
down approximately seventeen feet, replace a section of sewer, and re-channel the downstream manhole. The project must be
completed by April 1, 2024, per the City provided deadline.
Due to the short contruction window and tight City deadline, the project had to be awarded prior to the March 2023 Board of
Directors Meeting. District staff requested the Board or Directors to delegate authority to the General Manager to award the
project and approve a 10%contingency, should the project bids be at or above $125,000. This staff report is to provide the Board
of Directors updated project information and report the bidding results.
Project bids were opened on Wednesday, February 28, 2024. Four (4) bids were received, ranging from $195,083 to $95,500, see
attached Bid Register for detailed results. The low bid was awarded to Torres Sanitation Systems Construction, in the amount of
$95,500. A $9,500 contingency will be approved by the general manager.
Due to the low bid being within the General Manager's delegation of authority, a ratification will not be required for this award.
Recommendation
Receive and file staff report on Project #351 Adams #138303 Grade 5 Sewer Replacement
Analysis
The District must design and bid a sewer replacement project that consists of digging a hole to the District sewer, replacing about
4 feet of pipe, repairing the District manhole & base, then repairing the street. The District Engineer is estimating that the project
budget be $187,000 to complete the urgent repair and the engineer's estimate of construction is $125,000.
The Board of Directors approved the creation this Project during the November 2023 Board of Directors Meeting. The Project was
then designed by RBH and Associates, approved for bidding by the District Engineer, and advertised for bidding. The General
Manager Awarded the contract in early March 2024.
Legal Review
Legal Counsel has reviewed the contracts and approved to form.
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File Attachments
2023 02 Bid Register Project 351.pdf (67 KB)
Environmental Review
The proposed project will replace the existing sewer with the same size of pipe and does not increase capacity. The proposed
project provides for increased reliability because the sewer has failed and is at the end of useful life. The relocation/replacement
of an existing sewer 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 project budget is $187,000 and is adequate to cover the project construction and related activities.
Public Notice Process
Copies of this staff report are on file and will included with the entire agenda packet for the March 25, 2024 regular Board of
Directors meeting at District Headquarters and on the District website.
Alternative Actions
Refer the matter back to staff for consideration of alternatives or additional information and return to a future meeting.
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F. ENGINEER'S REPORTS
To: Board of Directors
From: Mark Esquer P.E., District Engineer
Date: March 25, 2024
Subject: FY 23-24 CIP Budget Adjustments and Create two new Projects #354 Elden Fan Replacement Project Budget of
$110,000; and new Project #355 SCP Sewer Urgent Capital Repair Project Budget of $120,000
Summary
The District Engineer reviewed the current CIP project list, reprioritized the current year Capital Improvement Project budget, and
adjusted individual project budgets to accommodate two new urgent projects: Project #354 Elden Fan Replacement Project (P354
Project) and Project #355 SCP Sewer Urgent Capital Repair Project (P355 Project). Funds will be transferred from Project #334 Gisler
Forcemain Replacement which has been deferred due to higher priority projects and current project needs.
The new Project 354 provides for replacing the existing fan with an intrisically safe fan and improving the ventilation system at Elden
pump station. The existing fan failed because it was beyond its useful life span. Electrical improvements associated with installing the
new ventilation system is also required and accounts for over half the price. A new step-down transformer and larger wires will be
installed to the existing emergency pump building. The fan improvement must move forward due to odor impacts on the golf course.
The new Project 355 Project replaces and/or lines a failed 20-foot long sewer adjacent to the South Coast Plaza (SCP) pump station.
Two large corrosion defects (holes) are currently allowing groundwater into the station. The actual pumpstation flow has doubled since
the leaks formed. The District is working with three liner contractors to determine if a liner installation is possible. If not, a dig and
replace method must be used to replace the corroded sewer.
Staff will review the proposed budget changes, appropriations, and recommendations in detail during the verbal report.
Recommendation
The Board of Directors approve:
1. 23-24 FY Capital Outlay Budget Adjustments, as detailed in the Financial Review, below, for a no-cost change to the FY CIP Budget;
and
2. New Project #354 Elden Fan Replacement Project Budget of $110,000; and
3. New Project #355 SCP Sewer Urgent Capital Repair Budget of $120,000.
Subject 3. FY 23-24 CIP Budget Adjustments and Create two New Project #354 Elden
Fan Replacement Project and New Project #355 SCP Sewer Urgent Capital
Repair project.
Meeting Mar 25, 2024 - Board of Directors Regular Meeting
Access Public
Type Action, Discussion
Preferred Date Mar 25, 2024
Fiscal Impact No
Budgeted Yes
Budget Source Various CIP Line Items
Recommended
Action
The Board of Directors approve:
1. FY 23-24 Capital Outlay Budget Adjustments, as detailed in the Financial Review,
below, for a no-cost change to the FY CIP Budget; and
2. New Project #354 Elden Fan Replacement Project Budget of $110,000; and
3. New Project #355 SCP Sewer Urgent Capital Repair Project Budget of $120,000.
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Analysis
The Board of Directors adopted a wastewater Capital Improvement Project (CIP) budget comprising 22 wastewater projects. Since
adoption of the FY24 CIP budget, District staff determined a need for some urgent, unplanned, and unfunded projects including Project
#354 and Project #355. District staff has reviewed the various projects, is proposing to defer certain CIP projects, and is proposing to
adjust the CIP budget to accommodate the urgent projects.
In order to maintain a balanced CIP outlay for this fiscal year, District staff reviewed project priorities and proposes to defer projects or
lengthen project implementation duration. One project, Project #334 Gisler Forcemain Replacement, was deferred so funding could be
used for new Project #354 and Project #355.
While District staff is requesting a $120,000 for the P355 Project, the project is being evaluated for the potential to line the ductile pipe
rather than replace it. If it is determined that a liner may be installed, the project could be completed for as low as $24,000; actual price
to be determined. If a liner project may be implemented, the remaining funds will be returned to the P334 Gisler Forcemain
Replacement project.
The District will be meeting with South Coast Plaza (SCP) management to discuss the project. It is anticipated that SCP may cost-share
the pipeline liner or replacement project. The proposal in consideration consists of SCP paying the construction costs and the District
paying for engineering, design, inspection, and project administration.
Legal Review
Legal review is not required at this time.
Environmental Review
The replacement of an existing sewer pipe with the same capacity as the existing pipe 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 proposed $230,000 budget adjustments and new project request(s) is sufficient to cover the two urgent projects and two budget adjustments:
Project 354 and Project 355. Deferring and delaying lower priority, less critical projects, along with approving the creation of two projects and
reallocating CIP budgets, provides for no increase in the CIP outlay for the current fiscal year. As of February 29, 2024, project 334, Gisler
Forcemain Replace has an available budget of $268,910. After the budget adjustment project ending balance will be $38,910. The total CIP budget
is $2,672,197, as of February 29, 2024, includes encumbrances and carryover adjustments from 2022-23 FY.
Account Description Account No.Increase Decrease Ending
Balance
P334 Gisler Forcemain Replace 20-201334-4300 $230,000 $38,910
P354 Elden Fan Replacement Project 20-201354-4300 $110,000 $110,000
P355 SCP Sewer Urgent Capital
Repair Project
20-201355-4300 $120,000 $120,000
Public Notice Process
Copies of this Staff Board report are on file and will be included with the entire agenda packet for February 26, 2024, Regular Board
meeting at District Headquarters and on the District website at www.cmsdca.gov.
Alternative Actions
1. Refer the matter back to District staff for consideration of alternatives and return to a future meeting, or;
2. Do not approve recommended CIP budget adjustments and direct staff to continue with the existing CIP outlay.
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H. ATTORNEY'S REPORTS
(a) Oral report of Proposed Executive Compensation (Government Code §54953(c)(3))
Subject 1. Oral report of Executive Compensation (General Manager) (Government
Code §54953(c)(3))
Meeting Mar 25, 2024 - Board of Directors Regular Meeting
Access Public
Type Discussion, Receive and File
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H. ATTORNEY'S REPORTS
To: Board of Directors
From: Alan Burns, District Counsel
Date: March 25, 2024
Subject: Consider Approving Second Amendment to Restated Employment Agreement for Scott Carroll, General Manager and
Consider Approving General Manager's Annual Compensation of $231,484
Summary
The General Manager and Board have negotiated an increase in his compensation. This report documents the negotiations, provides
the background report required by law, and approves the Second Amendment to Agreement.
Recommendation
That the Board Directors:
1. Approving Second Amendment to Restated Employment Agreement for Scott Carroll, General Manager and
2. Approving General Manager's Annual Compensation of $231,484
Analysis
The General Manager, Scott Carroll, was hired in 2010 after an executive search. Each year his compensation is reviewed and,
sometimes adjusted, after the Board reviews his performance. The Board then provides the President with authority to negotiate any
changes to his Agreement. This year the parties agreed that a 5% increase in salary would be appropriate.
The law provides that no increase in compensation may be given unless an oral report precedes the formal approval of the Agreement
in a public meeting during a general meeting. This legislation requires that an oral report of the 5% increase be made before the formal
written agreement is approved. That oral report will be made before the Agreement is approved.
Legal Review
District Counsel was involved in the process and has provided the Agreement and guidance.
Environmental Review
Considering approving a contract amendment to the general manager is an administrative matter and is not a disturbance of the
environment similar to grading or construction and is not a project under CEQA or the District’s CEQA Guidelines.
Financial Review
The general manager's annual compensation will increase by $11,023 and it will be retroactive to January 4, 2024.
Subject 2. Consider Approving Second Amendment to Restated Employment Agreement
for Scott Carroll, General Manager and Consider Approving General Manager's
Annual Compensation of $231,484
Meeting Mar 25, 2024 - Board of Directors Regular Meeting
Access Public
Type Action
Fiscal Impact Yes
Recommended
Action
That the Board Directors:
1. Approving Second Amendment to Restated Employment Agreement for Scott Carroll,
General Manager and
2. Approving General Manager's Annual Compensation of $231,484
Goals 7.0 Human Resources Management
7.7 Human Resources Management - Provide competitive compensation, benefits
package and incentives
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Public Notice Process
Copies of this staff report are on file and will included with the entire agenda packet for the March 25, 2024 regular Board of Directors
meeting at District Headquarters and on the District website.
Alternative Actions
1. Do not approve the second amendment.
1. Direct staff to report back with more information.
File Attachments
contract_carroll_scott_2024.pdf (63 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) - (Vice Secretary Ooten)
Meeting Mar 25, 2024 - 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) - (Secretary Perry)
Meeting Mar 25, 2024 - 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 3. Independent Special Districts of Orange County (ISDOC) - (Vice President
Schafer)
Meeting Mar 25, 2024 - 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 4. California Special Districts Association (CSDA) - (Vice President Schafer)
Meeting Mar 25, 2024 - 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) - (President Scheafer)
Meeting Mar 25, 2024 - 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 6. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No.
55, Operations Code Section 3.01.030
Meeting Mar 25, 2024 - Board of Directors Regular Meeting
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Type
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L. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS
Subject 1. Oral Communications and Director Comments
Meeting Mar 25, 2024 - 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, April 22, 2024 in
the District's Boardroom, located at 290 Paularino Avenue, Costa Mesa, CA 92626.
Subject 1. Adjourn
Meeting Mar 25, 2024 - Board of Directors Regular Meeting
Access Public
Type Procedural