Monday, April 27, 2020 Board of Directors Regular Meeting
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Monday, April 27, 2020
Board of Directors Regular Meeting
Time: 4:30 P.M.
IMPORTANT NOTICE REGARDING APRIL 27, 2020 REGULAR BOARD MEETING
This meeting is being conducted utilizing teleconferencing and electronic means consistent with
State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19
pandemic. The livestream of the meeting can be viewed by clicking the "Video" icon on this page
(which will be made available at the start of the meeting) or by visiting
www.youtube.com/CostaMesaSanitary. In accordance with Executive Order N-29-20, the public
may only view the meeting online and not in the District's Board Room.
1. To join the meeting by phone, please call 1-669-900-6833.
2. You will be asked to enter the Meeting ID number. Dial 672-604-833#
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 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 Ferryman
2. Pledge of Allegiance - President Ferryman
3. Invocation - Vice President Ooten
4. Roll Call - (If absences occur, consider whether to deem those absences excused based on facts presented for the
absence – such determination shall be the permission required by law.)
5. Announcement of Late Communications - Unless directed otherwise by the Board of Directors, all actions shall be
based on/memorialized by the latest document submitted as a late communication.
6. Ceremonial Matters and Presentations
B. Public Comments - This time has been set aside for persons in the audience to make comments on
items within the subject matter jurisdiction of the Costa Mesa Sanitary District that are not listed on this
agenda. Members of the public will have the opportunity to address the Board of Directors about all other
items on this agenda at the time those items are considered. Under the provisions of the Brown Act, the
Board of Directors is prohibited from taking action on oral requests but may refer the matter to staff or to
a subsequent meeting. The Board of Directors will respond after public comment has been received.
Please state your name. Each speaker will be limited to four (4) continuous minutes.
1. Public Comments
C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to be routine and may
be acted upon by one motion after public comment has been received. Only Board of Directors may pullan item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. 1. Approve Consent Calendar 2. Approve the Board of Directors Study Session Minutes of March 10, 2020 3. Approve the Board of Directors Special Meeting Minutes of March 19, 2020 4. Approve the Board of Directors Regular Meeting Minutes of March 23, 2020 5. Adopt Warrant Resolution No. CMSD 2020-10 Approving District Warrant Registers 6. Approve the Directors' Compensation and Reimbursement of Expenses 7. Payroll Transparency Disclosure for March 2020 8. Accept the occupancy count as presented as 22,939 and direct staff to prepare a warrant to CR&R Environmental Services for $237,728.33 for March 2020 collection 9. Approve the preparation of a warrant to CR Transfer in the amount of $220,412.12 for March 2020 recycling and disposal services in the April 2020 warrant register D. PUBLIC HEARINGS E. GENERAL MANAGER'S REPORTS 1. Consider Approving Cal OES Form 130 - Resolution Designating CMSD's Authorized Agents for Requesting Disaster Assistance 2. Consider Appointing Two Board Members to Serve on Engineering Services Ad Hoc Committee 3. Consider Approving an Employee Lending Agreement with Orange County Sanitation District and Approving Daniel Lee as the Alternate District Engineer 4. Consider appointing one member to the Citizens Advisory Committee to fill the vacant one-year term ending in March 2021, and appoint six members to serve a two-year term ending in March 2022. 5. Receive and File the Third Quarter Budget Review of FY2019-20 6. Receive and File the 2020 First Quarter (Jan-Mar) Performance Measurement Final Report 7. Receive and File 2015-20 Strategic Plan Quarterly Update - FY 2019-20 3rd Quarter F. ENGINEER'S REPORTS 1. Receive and File the Monthly Capital Improvements Project Status Report 2. #324 Brick Manhole Rehabilitation - Accept Improvements as completed, File Notice of Completion, Exonerate Labor and Material Bond 35 Days after Notice of Completion and Exonerate Faithful Performance Bonds 3. Receive and File the Mendoza Pump Station Inflow Report G. TREASURER'S REPORTS 1. Approve the Investment Report for the Month of March 2020 H. ATTORNEY'S REPORTS I. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is required to be given by a Director for any meeting for which expense reimbursement of any kind is provided. Note: For meetings for which the per diem compensation is sought, the Operations Code provides that such compensation is authorized for each day’s service rendered as a Director at the request of the Board (not to exceed six days in one month), and certain meetings are specified as being eligible as set forth in District
Operations Code § 3.01.030. For meetings not so listed, the Board must approve the service for it to be eligible for the per day compensation. 1. Orange County Sanitation District (OCSD) - (President Ferryman) 2. Santa Ana River Flood Protection Agency (SARFPA) - (Director Perry) 3. Independent Special Districts of Orange County (ISDOC) - (Secretary Schafer) 4. California Special Districts Association (CSDA) - (Secretary Schafer) 5. Special District Risk Management Authority (SDRMA) - (Director Scheafer) 6. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55, Operations Code Section 3.01.030 J. OLD BUSINESS K. NEW BUSINESS L. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS 1. Oral Communications and Director Comments M. ADJOURN TO CLOSED SESSION N. RECONVENE TO OPEN SESSION O. CLOSING ITEMS 1. Adjourn
Monday, April 27, 2020
Board of Directors Regular Meeting
Time: 4:30 P.M.
IMPORTANT NOTICE REGARDING APRIL 27, 2020 REGULAR BOARD MEETING
This meeting is being conducted utilizing teleconferencing and electronic means consistent with
State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19
pandemic. The livestream of the meeting can be viewed by clicking the "Video" icon on this page
(which will be made available at the start of the meeting) or by visiting
www.youtube.com/CostaMesaSanitary. In accordance with Executive Order N-29-20, the public
may only view the meeting online and not in the District's Board Room.
1. To join the meeting by phone, please call 1-669-900-6833.
2. You will be asked to enter the Meeting ID number. Dial 672-604-833#
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 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 Ferryman
Meeting Apr 27, 2020 - Board of Directors Regular Meeting
Access Public
Type ProceduralA. OPENING ITEMS Subject 2. Pledge of Allegiance - President Ferryman Meeting Apr 27, 2020 - Board of Directors Regular Meeting Access Public Type Procedural
A. OPENING ITEMS Subject 3. Invocation - Vice President Ooten Meeting Apr 27, 2020 - Board of Directors Regular Meeting Access Public Type Procedural
A. OPENING ITEMS
Subject 4. Roll Call - (If absences occur, consider whether to deem those absences
excused based on facts presented for the absence – such determination shall be
the permission required by law.)
Meeting Apr 27, 2020 - Board of Directors Regular Meeting
Access Public
Type Procedural
James Ferryman, President
Robert Ooten, Vice President
Arlene Schafer, Secretary
Michael Scheafer, Director
Arthur Perry, DirectorA. OPENING ITEMS
Subject 5. Announcement of Late Communications - Unless directed otherwise by the
Board of Directors, all actions shall be based on/memorialized by the latest
document submitted as a late communication.
Meeting Apr 27, 2020 - Board of Directors Regular Meeting
Access Public
Type ProceduralA. OPENING ITEMS Subject 6. Ceremonial Matters and Presentations Meeting Apr 27, 2020 - Board of Directors Regular Meeting Access Public Type Procedural
B. Public Comments - This time has been set aside for persons in the audience to make comments on items within the subject matter jurisdiction of the Costa Mesa Sanitary District that are not listed on this agenda. Members of the public will have the opportunity to address the Board of Directors about all other items on this agenda at the time those items are considered. Under the provisions of the Brown Act, the Board of Directors is prohibited from taking action on oral requests but may refer the matter to staff or to a subsequent meeting. The Board of Directors will respond after public comment has been received. Please state your name. Each speaker will be limited to four (4) continuous minutes. Subject 1. Public Comments Meeting Apr 27, 2020 - Board of Directors Regular Meeting Access Public Type Procedural
C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. Subject 1. Approve Consent Calendar Meeting Apr 27, 2020 - Board of Directors Regular Meeting Access Public Type Action (Consent) Recommended Action That the Board of Directors approve the Consent Calendar as presented. All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole.
C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. Subject 2. Approve the Board of Directors Study Session Minutes of March 10, 2020 Meeting Apr 27, 2020 - Board of Directors Regular Meeting Access Public Type Action (Consent), Minutes Recommended Action That the Board of Directors approve the meeting minutes as presented. Minutes View Minutes for Mar 10, 2020 - Board of Directors Study Session To: Board of Directors Via: Scott Carroll, General Manager From: Gina Terraneo, Management Analyst II Date: April 27, 2020 Subject: Approve the Board of Directors Study Session Minutes of March 10, 2020 Summary The recorded minutes of the March 10, 2020 Board of Directors Study Session are hereby submitted to the Board of Directors for review and approval. Analysis Attached to the staff report are the minutes for the Board of Directors Study Session on March 10, 2020. Staff Recommendation That the Board of Directors approve the meeting minutes as presented. Legal Review Not applicable. Environmental Review Consideration of public meeting minutes is an administrative matter and is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures “to list those specific activities which fall within each of the exempt classes”, and the District has adopted “CEQA Guidelines and Implementing Procedures” that state on page 6 ”Projects” does not include …. C. Continuing administrative or maintenance activities.” Financial Review Not applicable. Public Notice Process Copies of this report are on file and will be included in the complete agenda packet for the April 27, 2020 Board of Directors Regular Meeting at District Headquarters and posted on the District’s website. Alternative Actions 1. Do not approve the meeting minutes as presented. 2. Direct staff to report back with more information. File Attachments
minutes_2020_03_10_ss.pdf (114 KB) All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole.
C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. Subject 3. Approve the Board of Directors Special Meeting Minutes of March 19, 2020 Meeting Apr 27, 2020 - Board of Directors Regular Meeting Access Public Type Action (Consent), Minutes Recommended Action That the Board of Directors approve the meeting minutes as presented. Minutes View Minutes for Mar 19, 2020 - Board of Directors Special Meeting To: Board of Directors Via: Scott Carroll, General Manager From: Gina Terraneo, Management Analyst II Date: April 27, 2020 Subject: Approve the Board of Directors Special Meeting Minutes of March 19, 2020 Summary The recorded minutes of the March 19, 2020 Board of Directors Special Meeting are hereby submitted to the Board of Directors for review and approval. Analysis Attached to the staff report are the minutes for the Board of Directors Special Meeting on March 19, 2020. Staff Recommendation That the Board of Directors approve the meeting minutes as presented. Legal Review Not applicable. Environmental Review Consideration of public meeting minutes is an administrative matter and is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures “to list those specific activities which fall within each of the exempt classes”, and the District has adopted “CEQA Guidelines and Implementing Procedures” that state on page 6 ”Projects” does not include …. C. Continuing administrative or maintenance activities.” Financial Review Not applicable. Public Notice Process Copies of this report are on file and will be included in the complete agenda packet for the April 27, 2020 Board of Directors Regular Meeting at District Headquarters and posted on the District’s website. Alternative Actions 1. Do not approve the meeting minutes as presented. 2. Direct staff to report back with more information. File Attachments
minutes_2020_03_19_sm.pdf (138 KB) All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole.
C. CONSENT CALENDAR - All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole. Subject 4. Approve the Board of Directors Regular Meeting Minutes of March 23, 2020 Meeting Apr 27, 2020 - Board of Directors Regular Meeting Access Public Type Action (Consent), Minutes Recommended Action That the Board of Directors approve the meeting minutes as presented. Minutes View Minutes for Mar 23, 2020 - Board of Directors Regular Meeting To: Board of Directors Via: Scott Carroll, General Manager From: Gina Terraneo, Management Analyst II Date: April 27, 2020 Subject: Approve the Board of Directors Regular Meeting Minutes of March 23, 2020 Summary The recorded minutes of the March 23, 2020 Board of Directors Regular Meeting are hereby submitted to the Board of Directors for review and approval. Staff Recommendation That the Board of Directors approve the meeting minutes as presented. Analysis Attached to the staff report are the minutes for the Board of Directors Regular Meeting on March 23, 2020. Legal Review Not applicable. Environmental Review Consideration of public meeting minutes is an administrative matter and is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures “to list those specific activities which fall within each of the exempt classes”, and the District has adopted “CEQA Guidelines and Implementing Procedures” that state on page 6 ”Projects” does not include …. C. Continuing administrative or maintenance activities.” Financial Review Not applicable. Public Notice Process Copies of this report are on file and will be included in the complete agenda packet for the April 27, 2020 Board of Directors Regular Meeting at District Headquarters and posted on the District’s website. Alternative Actions 1. Do not approve the meeting minutes as presented. 2. Direct staff to report back with more information. File Attachments
minutes_2020_03_23_rm.pdf (207 KB) All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole.
C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to
items listed on the consent calendar. Each speaker will be limited to four (4)
continuous minutes of comment on the consent calendar as a whole.
Subject 5. Adopt Warrant Resolution No. CMSD 2020-10 Approving District Warrant
Registers
Meeting Apr 27, 2020 - Board of Directors Regular Meeting
Access Public
Type Action, Action (Consent)
Budgeted Yes
Recommended Action That the Board of Directors adopt Warrant Resolution No. CMSD 2020-10 approving
District warrants for the month of March in the amount of $1,807,755.26.
File Attachments
WARRANT RESO 2020-10.pdf (119 KB)
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after
public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions
is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to
items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the
consent calendar as a whole.C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to
items listed on the consent calendar. Each speaker will be limited to four (4)
continuous minutes of comment on the consent calendar as a whole.
Subject 6. Approve the Directors' Compensation and Reimbursement of Expenses
Meeting Apr 27, 2020 - 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.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Noelani Middenway, District Clerk & Public Information Officer
Date: April 27, 2020
Subject: Directors' Compensation and Reimbursement of Expenses
Summary
The Directors' Compensation and Reimbursement of Expenses are hereby submitted to the Board of Directors for review and
approval.
Analysis
Attached to the staff report are the Directors' Compensation and Reimbursement of Expenses.
Staff Recommendation
That the Board of Directors approve the compensation and reimbursement of expenses as presented.
Legal Review
Not applicable.
Environmental Review
Consideration of the compensation and reimbursement of expenses is an administrative matter and is exempt from the requirements
of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA
allows an agency while establishing its own procedures “to list those specific activities which fall within each of the exempt classes”,
and the District has adopted “CEQA Guidelines and Implementing Procedures” that state on page 6. "Projects” does not include ….
C. Continuing administrative or maintenance activities.”
Financial Review
Not applicable.
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the April 27, 2020 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
a_board_compensation.pdf (377 KB)b_board_reimbursement.pdf (295 KB) All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole.
C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to
items listed on the consent calendar. Each speaker will be limited to four (4)
continuous minutes of comment on the consent calendar as a whole.
Subject 7. Payroll Transparency Disclosure for March 2020
Meeting Apr 27, 2020 - Board of Directors Regular Meeting
Access Public
Type Action (Consent)
Budgeted Yes
Recommended Action That the Board of Directors approve and file the report.
Goals 4.7 Demonstrate outstanding efforts in transparency
7.0 Finance
To: Board of Directors
Via: Scott Carroll, General Manager
From: Lieu Tran, Accountant
Date: April 27, 2020
Subject: Payroll Transparency Disclosure for March 2020
Summary
Attached is the Payroll General Ledger Distribution Report summarizing each payroll during the month.
Recommendation
That the Board of Directors approve and file the report.
Analysis
Attached is the Payroll General Ledger Distribution Report summarizing each payroll during the month.
Legal Review
Not Applicable.
Environmental Review
Subject activity is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section
21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures “to list those specific activities
which fall within each of the exempt classes”, and the District has adopted “CEQA Guidelines and Implementing Procedures” that
state on page 6 “”Projects” does not include .... C. Continuing administrative or maintenance activities."
Financial Review
Sufficient funds are available in the adopted budget.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the April 27, 2020 Board of Directors
Regular meeting at District Headquarters and posted on the District’s website www.cmsdca.gov
Alternative Actions
Refer item back to staff with further instructions.File Attachments Payroll Transparency Disclosure March 2020.pdf (906 KB) All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent calendar as a whole.
C. CONSENT CALENDAR - All matters listed on the consent calendar are
considered to be routine and may be acted upon by one motion after public
comment has been received. Only Board of Directors may pull an item for
discussion. Reading of resolutions is waived and they will be adopted and
numbered. Now is the time for those in the audience who wish to speak to
items listed on the consent calendar. Each speaker will be limited to four (4)
continuous minutes of comment on the consent calendar as a whole.
Subject 8. Accept the occupancy count as presented as 22,939 and direct staff to prepare
a warrant to CR&R Environmental Services for $237,728.33 for March 2020
collection
Meeting Apr 27, 2020 - Board of Directors Regular Meeting
Access Public
Type Action
Recommended Action That the Board of Directors accept the occupancy count as presented using 22,939 as the
correct number of active units and direct staff to prepare a warrant to CR&R
Environmental Services for March 2020 collection based on this occupancy report so long
as the contractor fulfills the obligations of the agreement in the amount of $237,728.33 to
be ratified in the April 2020 warrant list.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Nabila Guzman, Management Analyst I
Date: April 27, 2020
Subject: Accept the occupancy count as presented as 22,939 and direct staff to prepare a warrant to CR&R Environmental
Services for $237,728.33 for March 2020 collection
Summary
Accept the occupancy count as presented using 22,939 as the correct number of active units and direct staff to prepare a warrant to
CR&R Environmental Services for March 2020 collection based on this occupancy report so long as the contractor fulfills the
obligations of the agreement in the amount of $237,728.33 to be ratified in the April 2020 warrant list.
Recommendation
That the Board of Directors accept the occupancy count as presented using 22,939 as the correct number of active units and direct
staff to prepare a warrant to CR&R Environmental Services for March 2020 collection based on this occupancy report so long as the
contractor fulfills the obligations of the agreement in the amount of $237,728.33 to be ratified in the April 2020 warrant list.
Analysis
The occupancy count is the number of residential customers that the District pays CR&R for the trash truck to stop and pick-up trash.
The District pays CR&R $10.3635 per occupant, per month. Each month, new residential customers in brand-new
developments contact the District to establish new trash service. District staff contacts CR&R to approve the drop-off of carts at the
residence, which results in an increase in the occupancy count as shown on the attached list.
As of March 31, 2020, total District occupancy was at 22,939 with ten (10) new accounts added since the last billing period. District
staff will continue to track the number of new service addresses.
The payment calculation is based on the following:
District's Current Rate for March 2020:
22,939 x $10.3635 =$237,728.33
Legal Review
Not Applicable
Environmental ReviewSubject activity is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures “to list those specific activities which fall within each of the exempt classes”, and the District has adopted “CEQA Guidelines and Implementing Procedures” that state on page 6 “”Projects” does not include …. C. Continuing administrative or maintenance activities.” Financial Review Sufficient funds are available in the adopted budget to pay for the services provided. Public Notice Process Copies of this report are on file and will be included in the complete agenda packet for the April 27, 2020 Board of Directors Regular meeting at District Headquarters and posted on the District’s website. Alternative Actions Refer item back to staff with further instructions. File Attachments 2020-3-G CMSD Occupancy Report.pdf (136 KB)
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 9. Approve the preparation of a warrant to CR Transfer in the amount of
$220,412.12 for March 2020 recycling and disposal services in the April 2020
warrant register
Meeting Apr 27, 2020 - Board of Directors Regular Meeting
Access Public
Type Action
Recommended Action That the Board of Directors approves the preparation of a warrant to CR Transfer in the
amount of $220,412.12 for March 2020 recycling and disposal services to be ratified in the
April 2020 warrant register.
To: Board of Directors
Via: Scott Carroll, General Manager
From: Nabila Guzman, Management Analyst I
Date: April 27, 2020
Subject: Approve the preparation of a warrant to CR Transfer in the amount of $220,412.12 for March 2020 recycling and
disposal services in the April 2020 warrant register
Summary
This payment to CR Transfer is for the sorting of recyclables from the mixed waste and disposal of the remaining waste at the landfill.
With the implementation of the Organics Recycling Program adopted by the Board, this payment also includes the diverting of the
organics waste to the Anaerobic Digestion facility to be recycled into fertilizer or renewable natural gas to fuel the refuse trucks.
Recommendation
That the Board of Directors approves the preparation of a warrant to CR Transfer in the amount of $220,412.12 for March 2020
recycling and disposal services to be ratified in the April 2020 warrant register.
Analysis
Below is a chart depicting the total tonnage and payments due for residential and organic waste collected in Costa Mesa and
Newport Beach.
Due to weight ticket calculation rounding, monthly invoices may be slightly off by a few pennies. Invoices that are slightly off are
marked by an asterisk below.
Type of Waste Invoice Tonnage Rate Amount Billed
Residential Waste - Costa Mesa 38375 1,584.17 $54.98 $87,097.64*
Residential Waste - Costa Mesa 38331 1,136.61 $54.98 $62,490.86*
Residential Waste - Newport Beach38332 40.64 $54.98 $2,234.38*
Residential Waste - Newport Beach38376 31.75 $54.98 $1,745.61*
Total Residential Waste 2,793.17 $153,568.49
Organics 38367 337.52 $75.65 $25,533.41*
Organics 38408 546.07 $75.65 $41,310.22*
Total Organics 883.59 $66,843.63
Grand Total 3,676.76 $220,412.12
Legal Review
Not ApplicableEnvironmental Review Subject activity is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures “to list those specific activities which fall within each of the exempt classes”, and the District has adopted “CEQA Guidelines and Implementing Procedures” that state on page 6 ”Projects” does not include …. C. Continuing administrative or maintenance activities.” Financial Review Sufficient funds are available in the adopted budget to pay for the services provided. Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the April 27, 2020 Board of Directors regular meeting at District Headquarters and posted on the District’s website at www.cmsdca.gov. Alternative Actions Refer item back to staff with further instructions.
E. GENERAL MANAGER'S REPORTS
Subject 1. Consider Approving Cal OES Form 130 - Resolution Designating CMSD's
Authorized Agents for Requesting Disaster Assistance
Meeting Apr 27, 2020 - Board of Directors Regular Meeting
Access Public
Type Action
Preferred Date Apr 27, 2020
Absolute Date Apr 27, 2020
Recommended Action That the Board of Directors approve Cal OES Form 130 - a universal resolution designating
the District's authorized agents as the General Manager and Finance Manager when
applying for disaster assistance for up to three (3) years following the date of approval.
Goals 3.6 Strengthen our ties with emergency service providers
5.5 Refine emergency operations procedures and upgrade infrastructure
To: Board of Directors
Via: Scott Carroll, General Manager
From: Gina Terraneo, Manager Analyst II
Date: April 27, 2020
Subject: Consider Approving Cal OES Form 130 - Resolution Designating CMSD's Authorized Agents for Requesting
Disaster Assistance
Summary
On March 22, 2020, the President declared an ongoing Coronavirus Disease 2019 (COVID-19) pandemic of sufficient severity and
magnitude to warrant a major declaration for the State of California, pursuant to section 501 (b) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, allowing local government entities (among other entity types) to be eligible to apply for public
assistance. In accordance with section 502 of the Stafford Act, eligible emergency protective measures taken to respond to the
COVID-19 emergency at the direction or guidance of public health officials' may be reimbursed under Category B of the Federal
Emergency Management Agency's (FEMA) Public Assistance program. The California Governor's Office of Emergency Services (Cal
OES) Recovery Section acts as the grantee for FEMA's Public Assistance program, assisting local agencies with applying for sub-
grants for the program. As a condition of eligibility for the program, local agencies must complete Cal OES 130 and have their
governing body pass a resolution naming authorized agents to provide Cal OES with all materials related to the program application.
Analysis
Attached is Cal OES Form 130, which designates the General Manager and the Finance Manager as authorized agents for the Costa
Mesa Sanitary District. If approved, the resolution will remain in effect for the current COVID-19 pandemic and all future
disasters within three (3) years following the date of approval.
Recommendation
That the Board of Directors approve Cal OES Form 130 - a universal resolution designating the District's authorized agents as the
General Manager and Finance Manager when applying for disaster assistance for up to three (3) years following the date of approval.
Legal Review
Not applicable.
Environmental Review
Consideration of approval of Cal OES 130 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 There will be no cost to submit the Cal OES 130 form. Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the April 27, 2020 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 Cal OES 130 - 2020-04-27.pdf (63 KB)
E. GENERAL MANAGER'S REPORTS
Subject 2. Consider Appointing Two Board Members to Serve on Engineering Services Ad
Hoc Committee
Meeting Apr 27, 2020 - Board of Directors Regular Meeting
Access Public
Type Action
Fiscal Impact No
Recommended Action That the Board of Directors consider appointing two Board Members to serve on the
Engineering Services Ad Hoc Committee.
Goals 1.0 Sewer Infrastructure
5.0 Administrative Management
To: Board of Directors
From: Scott Carroll, General Manager
Date: April 27, 2020
Subject: Consider Appointing Two Board Members to Serve on Engineering Services Ad Hoc Committee
Summary
On January 27, 2020, the Board of Directors decided to continue using Robin B. Hamers & Associates (RBH) for engineering
services for six months and then at the end of six months evaluate the District's options for the future. Vice President Ooten and
Secretary Schafer are recommending the creation of a temporary Ad Hoc Committee to evaluate RBH's performance and to consider
options and make recommendations regarding engineering services for the future.
Recommendation
That the Board of Directors consider appointing two Board Members to serve on the Engineering Services Ad Hoc Committee.
Analysis
Creating a temporary ad hoc committee to review and discuss engineering services can give the Board options for how to best serve
the community. Options could include continuing using RBH as the District Engineer, or a hybrid approach can be considered where
the District hires an engineer as an employee while continuing to use the services from RBH. Another option to consider is using a
method similar to Orange County Sanitation District where after soliciting proposals from qualified engineering firms, a list of firms
that meet the District's requirements are maintained. The District would then have the option to choose one of the firms on the list to
perform engineering services.
Similar to previous ad hoc committees, the Engineering Services Ad Hoc Committee would be subject to the Brown Act.
Legal Review
Not applicable
Environmental Review
Consideration of appointing two Board members to serve on the Engineering Services Ad Hoc Committee is an administrative matter
and not a disturbance of the environment similar to grading or construction and not a project under CEQA or the District’s CEQA
Guidelines.
Financial Review
This meeting will consist of two Board members and five staff members. Assuming the Engineering Services Ad Hoc Committee will
meet twice a month for the months of May and June, the estimated cost for Board members and staff to meet is $3,700. There will be
no impact on the budget for the 2019-20 fiscal year. The recommendations made by the Engineering Services Ad Hoc Committee will
have fiscal impacts to the District in FY 2020-21 which will be presented to the Board of Directors when the committee makes its
recommendations.
Public Notice ProcessCopies of this report are on file and will be included in the complete agenda packet for the April 27, 2020 Board of Directors meeting at District Headquarters and posted on the District's website at www.cmsdca.gov. Alternative Actions 1. Do not approve creating a temporary Engineering Services Ad Hoc Committee 2. Direct staff to report back with more information.
E. GENERAL MANAGER'S REPORTS
Subject 3. Consider Approving an Employee Lending Agreement with Orange County
Sanitation District and Approving Daniel Lee as the Alternate District Engineer
Meeting Apr 27, 2020 - Board of Directors Regular Meeting
Access Public
Type Action
Fiscal Impact Yes
Budgeted Yes
Budget Source Wastewater Fund
Recommended Action That the Board of Directors approve the following:
1. Employee Lending Agreement with Orange County Sanitation District (OCSD); and
2. OCSD Employee, Daniel Lee, as the District's Alternate District Engineer
Goals 1.0 Sewer Infrastructure
3.00 Partnerships
3.2 Strengthen our ties with local governments, Special districts and educational
institutions
To: Board of Directors
From: Scott Carroll, General Manager
Date: April 27, 2020
Subject: Consider Approving an Employee Lending Agreement with Orange County Sanitation District and Adopt
Resolution No. 2020-928 Approving Daniel Lee as the Alternate District Engineer
Summary
Since 2014, Orange County Sanitation District (OCSD) employee, Rudy Davila, has been serving as CMSD's Alternate District
Engineer. Mr. Davila is being promoted within the organization and will be responsible for new and different duties that preclude him
from serving as the District's Alternate District Engineer. The existing Agreement with OCSD is scheduled to expire on May 24,
2020. Attached is a new Agreement with OCSD and a resolution appointing Mr. Daniel Lee as the District's new Alternate District
Engineer.
Recommendation
That the Board of Directors:
1. Approve the Employee Lending Agreement with Orange County Sanitation District (OCSD); and
2. Adopt Resolution No. 2020-928 Approving OCSD Employee, Daniel Lee, as the District's Alternate District Engineer
Analysis
Section 3.01.045(a) of the Operations Code allows a private civil engineer to serve as District Engineer. Michael Benesh, of Robin B.
Hamers & Associates, Inc. (RBH) is a private civil engineer who is serving as Interim District Engineer. Section 3.01.045(b) of the
Operations Code requires the Alternate District Engineer to review and approve plans when the District Engineer is the engineer of
record for private development within CMSD's service area.
To comply with Section 3.01.045(b), the Board of Directors appointed Rudy Davila as CMSD's Alternate District Engineer by adopting
Resolution No. 2014-855. To appoint Mr. Daniel Lee as Alternate District Engineer, a new resolution needs to be adopted (see
attachment). Mr. Lee is a licensed professional engineer with experience reviewing and designing wastewater plans. Since 2014, an
agreement between OCSD and CMSD existed where CMSD compensated OCSD the fully burden rate for Mr. Davila's services. The
Agreement is scheduled to expire on May 24, 2020 and therefore a new Agreement with Mr. Lee's fully burden rate is presented
tonight for the Board's consideration.
Legal Review
District Counsel has reviewed and approved the attached agreement and resolution.Environmental Review The determination of who performs services for the District as the Alternate District Engineer 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 hourly rate is decreasing from $89.63 to $73.03 an hour. This rate is less than that of a private engineer who once served as CMSD's Alternate District Engineer whose hourly rate was $130 an hour. There are sufficient funds budgeted to cover the increase costs for the Alternate District Engineer. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the April 27, 2020 Board of Directors regular meeting at CMSD headquarters and on CMSD's website at www.cmsdca.gov. Alternative Actions 1. Direct staff to seek proposals from private engineering firms to serve as the District’s Alternate District Engineer. 2. Direct staff to report back with more information. File Attachments Employee Lending Agmt-CMSD OCSD.pdf (37 KB) Resolution 2020-928_alternate_district_engineer.pdf (15 KB)
E. GENERAL MANAGER'S REPORTS
Subject 4. Consider appointing one member to the Citizens Advisory Committee to fill the
vacant one-year term ending in March 2021, and appoint six members to serve a
two-year term ending in March 2022.
Meeting Apr 27, 2020 - Board of Directors Regular Meeting
Access Public
Type Action
Recommended Action That the Board of Directors appoint one member to the Citizens Advisory Committee to fill
one vacancy for the term ending in March 2021, and appoint six members to serve a two-
year term ending in March 2022.
Goals 4.7 Demonstrate outstanding efforts in transparency
4.0 Community Outreach & Communications
3.5 Participate in community groups and civic organization activities
3.00 Partnerships
To: Board of Directors
From: Noelani Middenway, CMC
Date: April 27, 2020
Subject: Consider appointing one member to the Citizens Advisory Committee to fill the vacant one-year term ending in
March 2021, and appoint six members to serve a two-year term ending in March 2022
Summary
There are currently seven vacancies on the Citizens Advisory Committee (CAC) that require the Board to appoint new members to
serve on the committee.
Analysis
The Citizens Advisory Committee (CAC) consists of 11 members that provide advisory input on subject matters desired by the Board
of Directors. CAC members serve staggered terms of one or two years. One vacancy exists with a term ending in March 2021, and
six members having concluded their two-year term on March 11, 2020. It is now appropriate for the Board of Directors to nominate
and appoint new members to fill said vacancies.
Eight applications have been received and are included with this report for the Boards' consideration. The following individuals have
submitted applications:
Daniel Baume
Mike Carey
Birger Fernandez
Seth Greiner
Elodie Katz
Phil Marsh
Andrew Nielson
Leith Speights
Recommendation
That the Board of Directors appoint one member to the Citizens Advisory Committee to fill one vacancy for the term ending in March
2021, and appoint six members to serve a two-year term ending in March 2022.
Legal Review
Not applicable.
Environmental ReviewAppointing members to the Citizens Advisory Committee is an administrative matter, which will not result in direct or indirect physical changes to the environment similar to grading or construction and is not considered a project under CEQA. Financial Review Not applicable. Public Notice Process Copies of this report are on file and will be included in the complete agenda packet for the April 27, 2020 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 2020 CAC Applications.pdf (662 KB)
E. GENERAL MANAGER'S REPORTS Subject 5. Receive and File the Third Quarter Budget Review of FY2019-20 Meeting Apr 27, 2020 - Board of Directors Regular Meeting Access Public Type Receive and File Goals 7.0 Finance To: Board of Directors Via: Scott Carroll, General Manager From: Kaitlin Tran, Finance Manager Date: April 27, 2020 Subject: Receive and File the Third Quarter Budget Review of FY2019-20 Summary This report serves as a summary of the District’s spending through March 31, 2020 as well as staff’s best estimate of projected balances for the year-ended June 30, 2020. Recommendation That the Board of Directors receive and file this report. Analysis Based on the spending trends through March 31, 2020, staff is projecting savings in both the Solid Waste and Wastewater Funds. As of March 31, 2020, a total of 64.3% of the Solid Waste budget for the 2019-20 fiscal year has been expended. At this time, staff anticipates a budgetary savings of $129,300 at fiscal year-end. A total of 64.5% of the Wastewater Fund’s operating budget has been expended as of March 31, 2020. At this time, staff anticipates a budgetary savings of $347,700 at fiscal year-end. The Capital Outlay account is projected to be within budget. Please see the attached report for a more detailed analysis. Legal Review Not applicable. Environmental Review Subject activity is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures “to list those specific activities which fall within each of the exempt classes”, and the District has adopted “CEQA Guidelines and Implementing Procedures” that state on page 6 “”Projects” does not include …. C. Continuing administrative or maintenance activities.” Financial Review See attached report. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the April 27, 2020 Board of Directors regular meeting at District Headquarters and on District website at www.cmsdca.gov. Alternative Actions Refer the matter back to staff for additional information. File Attachments A-FY 2019-20 3rd Quarter Budget Analysis.pdf (929 KB) B-Expenditure and Revenues Analysis Through 03312020.pdf (804 KB)
E. GENERAL MANAGER'S REPORTS
Subject 6. Receive and File the 2020 First Quarter (Jan-Mar) Performance Measurement
Final Report
Meeting Apr 27, 2020 - Board of Directors Regular Meeting
Access Public
Type Action
Recommended Action That the Board of Directors receive and file this report.
Goals 5.0 Administrative Management
To: Board of Directors
From: Scott Carroll, General Manager
Date: April 27, 2020
Subject: 2018 Performance Measurement Final Report
Summary
On November 29, 2018, the Board of Directors adopted Administrative Regulations No. 70.00, which established methods and
procedures for gathering and analyzing organizational performance while at the same time collaborating towards continuous
improvement of performance in an open and transparent manner. The new policy is called, Performance Measurement Program.
Recommendation
That the Board of Directors receive and file this report.
Analysis
A Performance Measurement Program has been developed to determine how well the District is performing in areas of efficiency,
effective workforce, customer satisfaction, cost effectiveness, citizen engagement and transparency. The purpose of the program is
to continually look at ways to improve and/or enhance the level of service that is being provided internally to staff and externally to the
public.
The attached report is for the first quarter of 2020 (January through March). The 2020 report has two new measurements related to
purchasing, which are:
Percent of purchase transaction processed through e-commerce; and
Formal bids awarded by the Board of Directors within 60 days.
One measurement is temporarily being discontinued until staff believes the data is reliable. The measurement that is temporarily
being discontinued is:
Diverting 75% of the solid waste stream away from landfills.
Data for some measures could not be attainable due to the COVID-19 pandemic and it's quite possible data for the following
measurements may not be obtained for the entire 2020 year.
Number of Citizens Environmental Protection Academy (CEPA) attendees.
Average rating of residents attending the Citizens Environmental Protection Academy (CEPA) indicated the program is
Satisfactory.
Number of days CMSD participated in community events and hosted District events.
Number of attendees at CMSD State of the District event.
Legal Review
Not applicable
Environmental Review
A Performance Measurement Program is an administrative matter that will not result in direct or indirect physical changes in the
environment and is not considered a "project".
Financial Review
There are no financial impacts to the District for implementing a Performance Measurement ProgramPublic Notice Process Copies of this report are on file and will be included with the entire agenda packet for the April 27, 2020 regular Board of Directors meeting at District Headquarters and on District website at www.cmsdca.gov Alternative Actions 1. Direct staff to report back with more information. File Attachments 2020 Jan-Mar Outcome and Performance Measurement Program.pdf (1,508 KB)
E. GENERAL MANAGER'S REPORTS
Subject 7. Receive and File 2015-20 Strategic Plan Quarterly Update - FY 2019-20 3rd
Quarter
Meeting Apr 27, 2020 - Board of Directors Regular Meeting
Access Public
Type Action
Recommended Action That the Board of Directors receive and file this report
Goals 1.0 Sewer Infrastructure
2.00 Solid Waste
3.00 Partnerships
4.0 Community Outreach & Communications
5.0 Administrative Management
6.0 Personnel/Organizational Management
7.0 Finance
To: Board of Directors
From: Scott Carroll, General Manager
Date: April 27, 2020
Subject: Receive and File 2015-20 Strategic Plan Quarterly Update - FY 2019-20 3rd Quarter
Summary
On May 28, 2015, the Board of Directors adopted the 2015-2020 Strategic Plan, which is a plan that establishes goals, objectives,
strategies and work plans for the next five years and will help move the organization in a direction toward achieving its mission and
vision. Attached is the quarterly update that demonstrates the progress staff is making toward achieving the strategic goals.
Recommendation
That the Board of Directors receive and file this report.
Analysis
30 out of the 48 strategic goals (Strategic Goal 1.10 was canceled) are complete. The remaining 18 goals are on-going and are
achieving results. The five year Strategic Plan for FY 2015-20 is coming to an end and a new plan will need to be adopted for the
next five years (2020-25). Staff participated in several workshops for creating a draft strategic plan in which said plan will be
presented to the Board during a special teleconference meeting to receive comments from Board members and the public. The
special teleconference meeting is scheduled for Wednesday, May 6 at 9:00 am. It's anticipated the FY 2020-25 Strategic Plan will be
adopted by the Board on June 22, 2020.
Legal Review
Not applicable
Environmental Review
The District’s Strategic Plan is a planning document and preparation and adoption of the plan itself is an administrative matter and is
not a disturbance of the environment similar to grading or construction and is not a project under CEQA or the District’s CEQA
Guidelines. The environmental review of each of the efforts or projects outlined in the Strategic Plan will occur when the Board of
Directors specifically considers each of the items since that is when the full scope of work of each effort or project will be described
Financial Review
Activities described in the strategic goals are funded in the budget.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the April 27 2020 Board of Directors regular
meeting at CMSD headquarters and on CMSD's website at www.cmsdca.gov.
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