Minutes - Board - 2021-03-09COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS STUDY SESSION
MARCH 09, 2021
NOTE: THIS MEETING WAS CONDUCTED UTILIZING TELECONFERENCING PURSUANT TO
GOVERNMENT CODE SECTION 54952.2 AND THE GOVERNOR'S EXECUTIVE ORDERS IN EFFECT
WAIVING SOME OF THE REQUIREMENTS OF THAT SECTION.
Members present
Arlene Schafer, Art Perry, Bob Ooten, Brett Eckles, Mike Scheafer
Members absent
None
Staff present
Scott Carroll (General Manager), Noelani Middenway (District Clerk and Public
Information Officer), Kaitlin Tran (Finance Manager), Dyana Bojarski (Administrative
Services Manager), Mark Esquer (District Engineer), Gina Terraneo (Management
Analyst II), Nabila Guzman (Management Analyst 1), Edward Roberts (Code Enforcement
Officer), Angela Colunga (Office Specialist)
Others present
Michael Balliet, Michael Balliet Consulting
Mike Carey, CR&R Representative
Judith Gielow, Citizens Advisory Committee Member
Seth Greiner, Citizens Advisory Committee Member
Elodie Katz, Citizens Advisory Committee Chair
Jim Mosher, District resident
Meeting called to order at 9:33 A.M.
A. OPENING ITEMS
Procedural: 1. Roll Call - (If absences occur, consider whether to deem those absences
excused based on facts presented for the absence — such determination shall be the
permission required by law.)
President Ooten called the meeting to order at 9:33 A.M.
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District Clerk and Public Information Officer, Noelani Middenway, noted that
President Ooten, Vice President Scheafer, Secretary Schafer, Director Perry, and
Director Eckles were present at this time.
B. PUBLIC COMMENTS
Procedural: 1. Public Comments
President Ooten opened public comments.
Ms. Middenway stated that the District did not receive any written public
comments.
Hearing no public comments, President Ooten closed public comments.
C. ITEMS OF STUDY
Action, Receive and File: 1. Receive and File February 2021 Code Enforcement
Officer Report
Recommendation: That the Board of Directors receives and files this report.
Code Enforcement Officer, Edward Roberts, presented the February 2021 Code
Enforcement Officer report. He stated that he conducted six proactive scavenging
investigations in February 2021. He noted that the scavenging investigations were
located on the west side of the District's service area. He added that he witnessed
a few scavenging incidents around Royal Palm Drive but was unable to contact
the offenders.
President Ooten inquired about a scavenger frequently observed on Royal Palm
Drive.
Mr. Roberts provided a description of the offender. He stated that he issued 102
notices for trash carts in public view. He added that these notices are issued to
customers throughout the District's service area.
Vice President Scheafer requested clarification regarding the staff report format.
Mr. Roberts stated that the number listed to the left of the street name indicates
the number of cases on each street.
President Ooten requested clarification about how the District defines "trash carts
in public view." He inquired about trash carts that are stored close to the building
but still visible to the public.
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Mr. Roberts stated that any trash cart stored in public view is in violation of the
District's ordinance. He noted that he is primarily focused on egregious violations.
He stated that he uses his best discretion when addressing trash carts in public
view. He added that if a customer makes a good faith effort to hide their trash carts,
then he will focus on more pressing code enforcement issues.
President Ooten and Mr. Roberts discussed trash carts in public view on Cardinal
Drive.
Vice President Scheafer commented that there is a home located near Labrador
Drive and Bermuda Drive with a portable restroom onsite. He noted that the
residence was recently under construction, but now the construction is complete
and the portable restroom is still being used. He added that the residence has a
travel trailer located in the driveway.
Mr. Roberts stated that he will patrol the area and try to contact the residents for
more information regarding their portable restroom. He noted that he is not sure if
this issue falls under the purview of the District's enforcement authority, so he will
share this information with the City of Costa Mesa.
Vice President Scheafer expressed concern that there may be an issue with their
private sewer lateral or they may have someone living in their travel trailer who is
using the portable restroom.
Mr. Roberts noted that he will investigate the issue and report any findings to the
District's General Manager, Scott Carroll.
There was no further discussion, and the report was received.
Action: 2. Provide Direction Regarding Wastewater Maintenance Staffing Analysis
Recommendation: That the Board of Directors takes the following action:
1. Direct staff to budget for a Wastewater Maintenance Supervisor position in the FY
2021-22 Budget.
2. Direct staff to budget for the following in FY 2022-23:
a. Two additional wastewater maintenance workers,
b. One ramjet cleaning unit,
c. One utility pickup truck.
Mr. Carroll presented the report. He stated that the District's primary goal is to
achieve zero sanitary sewer overflows (SSOs) annually. He added that the
District's secondary goal is to prevent wastewater from entering storm drains. He
noted that if wastewater enters a storm drain, then the District's focus is to capture
as much wastewater as possible and put it back into the wastewater system. He
stated that the District's mission is to protect the public's health and environment
for current and future generations and that the District's "Just Cause" is to keep its
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water environment pollution free. He reported that, in the last five years, the District
has experienced 18 SSOs, which averages about 3.6 SSOs per year. He stated
that the average SSO per one hundred miles is 1.61. He shared that, after 2015,
the District transitioned from contract cleaning to in-house cleaning. He noted that
from 2010 to 2015, the District experienced an average of 2 SSOs per one hundred
miles. He stated that the District's current SSO average (compared to Region 8,
which is the Santa Ana region of the Water Quality Control Board) has doubled.
He clarified that not all 18 SSOs in the past five years were caused by the District's
system. He noted that at least 4 of the SSOs were caused by a third party. He
added that a few of the SSOs were caused by faulty air release valves. He stated
that the District had 9 SSOs that were caused by fats, oil, and grease (FOG) and
tree roots. He compared these SSOs to the average number of SSOs that occurred
in Region 8 in the last five years. He noted that the SSO average of Region 8
includes those caused by pump station issues and other wastewater issues.
Mr. Carroll discussed the objectives of the District's wastewater maintenance
staffing analysis. He reviewed the District's current cleaning practice, which
consists of two two -person cleaning crews and two combination sewer cleaning
units cleaning 3,602 linear feet of pipeline each day, and cleaning the entire sewer
system within 18 months. He added that, due to the advanced technology of the
combination sewer cleaning units, they sometimes breakdown unexpectedly and
require additional maintenance. He stated that, when these vehicles are
unavailable, the District rents a cleaning truck or hires a contractor to help with
cleaning the sewer system. He reviewed the costs associated with each proposed
option. He noted that the District will hire a contractor if staffing levels are below
normal, which they are currently. He shared that the Wastewater Department
currently has one vacancy for a Wastewater Maintenance Worker II. He discussed
confined space entries for pump station maintenance. He reviewed the
Wastewater Department's use of closed-circuit television (CCTV). He stated that
the District CCTV'd the entire sewer system in 2016-2018 and identified over 300
grade 5 line segments, which have been repaired. He noted that two Wastewater
employees have completed the Pipeline Assessment and Certification Program
(PACP).
Mr. Carroll presented the District's proposal to hire two additional Wastewater
Maintenance Workers and purchase two pieces of wastewater equipment. He
discussed the benefits of the proposal: increase CCTV footage on the condition of
wastewater pipeline, expand the number of cleaning hours per week, and provide
additional staff coverage for after-hours call -out assignments. He compared the
Wastewater Department's monthly cleaning rate during a 9/80 work schedule
versus a 4/10 work schedule. He noted that a 9/80 work schedule includes six
hours of cleaning each day, while a 4/10 work schedule would allow for seven
hours of cleaning each day. He stated that the District currently has four on -call
employees. He reviewed the restrictions associated with being on -call. He
discussed the costs of hiring two additional Wastewater Maintenance workers and
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compared them to the cost of hiring a private contractor. He provided the costs of
purchasing a Ramjet vehicle and a utility pickup truck. He reviewed the costs of
promoting the District's SCADA Technician/Industrial Electrician to Wastewater
Maintenance Supervisor. He noted that the purpose of this promotion is to improve
the department's span of control and provide support in supervising employees.
He presented the total projected cost and budgeting timeframe for all proposed
items.
Secretary Schafer inquired if the District has considered financing the costs
through the California Special District Association's (CSDA) Finance Committee.
Mr. Carroll stated that he has not considered that option since it would cause the
District to accumulate debt, which the Board usually does not support.
Secretary Schafer recommended researching the option to see if there are any
benefits to working with CSDA.
Director Eckles inquired about overtime pay rates for on -call employees.
Mr. Carroll stated that he has not factored that cost into the proposal. He noted
that he is unsure about the exact rate. He added that he will research how much
the District has spent on overtime for on -call employees.
Finance Manager, Kaitlin Tran, stated that she does not know the specific rate for
each on -call employee. She noted that each employee's overtime rate includes
many different factors.
President Ooten provided clarification for Director Eckles' question.
Mr. Carroll stated that, at the base level, the overtime pay rate is 50% more than
the employee's regular rate. He reviewed the District's policy regarding overtime
pay.
Director Eckles inquired about how hiring additional Wastewater staff will impact
the District's use of private contractors.
Mr. Carroll stated that he does not have an estimation of how infrequently the
District will be utilizing private contractors after hiring two additional Wastewater
staff members.
Director Eckles inquired about how frequently the District is currently utilizing
private contractors.
Mr. Carroll stated the District has hired private contractors to clean less than 5%
of the sewer system.
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Director Eckles inquired about the cost for promoting a current Wastewater
employee to a supervisor role.
Mr. Carroll stated that the cost will be $15,000 per year for that promotion.
Director Eckles inquired if the District's current wastewater rates will be changed
to budget for this proposal.
Mr. Carroll confirmed that the wastewater rates will be changed.
President Ooten commented that the staff report discusses how frequently the
District utilizes private contractors to help clean the sewer system. He noted that
the District spent $125,000 on private contractors for cleaning in 2020.
Director Perry inquired if the District could fund a portion of this proposal with its
current budget. He asked if the District has the funds to hire two additional staff
members.
Mr. Carroll stated that the District's current budget does not have the funds to hire
two additional staff members.
Director Perry confirmed that this proposal is a future planning item for the
Wastewater Department.
Mr. Carroll stated that if the Board wants to purchase the proposed equipment,
then the District can use its Asset Management Fund.
President Ooten suggested purchasing the Ramjet vehicle. He stated that the
District will not need the utility pickup truck until additional staff is hired. He noted
that the District has $1.6 million in the Asset Replacement Fund, which has been
used to purchase the Vactor cleaning truck and other technology.
Mr. Carroll stated that he is unsure if the District has that much money in the Asset
Replacement Fund. He recommended using the Asset Management Fund, which
has over $5 million, to purchase new equipment.
Ms. Tran stated that the District has $1.6 million in the Asset Replacement Fund,
which is used for replacing other assets and not acquiring new equipment.
President Ooten stated that the Asset Replacement Fund was used to purchase
the Vactor cleaning trucks.
Ms. Tran confirmed that that fund was used because the District had sold its old
Vactor cleaning truck.
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President Ooten asked why the Asset Replacement Fund needs to have $1.6
million. He recommended using this fund to purchase the Ramjet vehicle. He noted
that the Asset Management Fund is typically used for construction projects.
Secretary Schafer inquired if the District will be purchasing brand-new or used
vehicles.
Mr. Carroll stated that the District plans on purchasing new vehicles.
Vice President Scheafer inquired about the District's ability to fill its current
Wastewater Maintenance Worker II vacancy.
Mr. Carroll stated that the District is looking for experienced workers that will be a
good fit in the organization. He noted that the District recently made an offer to an
applicant who accepted a position with another agency.
Vice President Scheafer expressed support for the District's hiring methods and
commented that the District needs to be competitive in hiring quality workers.
Director Eckles inquired about the possibility of hiring one additional staff member
rather than two, since the District currently has a vacancy in the Wastewater
Department.
Mr. Carroll stated that the District currently has six Wastewater Maintenance
Workers excluding the Wastewater Maintenance Superintendent. He noted that
the current staff roster allows for two two -person cleaning crews and one two -
person pump station maintenance crew. He added that it is necessary to hire two
additional staff members, rather than one, to have another full cleaning crew. He
stated that, for safety reasons, all crews must have at least two workers.
President Ooten recommended that District staff produce an analysis on employee
retention. He commented that the 4/10 work schedule might help the District retain
new and current employees. He suggested that District staff researches the areas
of the sewer system that do not require frequent cleaning as part of the Sewer
System Management Plan (SSMP). He reviewed the SSO metrics of the report.
He noted that coastal regions of the Santa Ana Regional Water Quality Control
Board have more pump stations than the inland regions. He expressed support for
purchasing the Ramjet vehicle immediately. He acknowledged District staff for
preparing the analysis and proposal.
Mr. Carroll stated that District staff will present this item to the Board at a future
Study Session with additional information.
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Vice President Scheafer expressed support for purchasing the Ramjet vehicle. He
noted that the Ramjet can service alleyways and other narrow streets in the
District's service area. He inquired about the District offering additional benefits to
its ratepayers, like using the Ramjet to assist with root intrusions and other private
sewer lateral issues.
Mr. Carroll stated that he does not recommend using public equipment to help fix
private laterals as it could lead to other issues. He noted that the City of Newport
Beach has a similar program, which they are looking to discontinue.
Vice President Scheafer expressed appreciation for Mr. Carroll's recommendation.
He commented that the Ramjet will help to provide additional assistance to the
commercial businesses within the District's service area.
The Board discussed the capabilities of the Ramjet vehicle.
President Ooten discussed root intrusions and their effect on sewer lines. He
commented that the District is experiencing too many FOG -related SSOs.
Director Perry expressed support for purchasing the Ramjet as it will help keep
District's sewer rates low in the future.
President Ooten noted that the rates will be impacted by the purchase of the
Ramjet.
Secretary Schafer expressed support for purchasing the Ramjet vehicle as it will
help clean sewer pipelines in alleyways.
President Ooten suggested that District staff produces a report on staff
productivity. He inquired if a water truck is necessary to perform hydro jetting.
Mr. Carroll stated that the District does not use a water truck to provide water for
cleaning. He noted that the District has an agreement with Mesa Water District to
use their fire hydrants.
District Engineer, Mark Esquer, clarified that President Ooten is referring to a water
truck that will clean the wastewater so it can be placed back into a water tank. He
noted that this process does not require the use of fire hydrants and can help
increase productivity.
Mr. Carroll stated that those types of cleaning units are extremely expensive.
President Ooten commented that other agencies utilize water trucks and
recommending researching their effect on staff productivity.
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District resident, Jim Mosher, clarified that the City of Newport Beach only takes
responsibility for the portion of the residential lateral that is under public property
and not the part that is under private property. He noted that he is unsure about
their process.
President Ooten thanked District staff for this report.
There was no further discussion.
Action, Receive and File: 3. Receive and File FY 2019-20 CR&R Performance Review
Recommendation: That the Board of Directors receives and files this report.
Management Analyst II, Nabila Guzman, introduced this item. She stated that the
District performs an internal and external performance review of CR&R
Environmental Services on an annual basis. She shared that the findings from
Fiscal Year 2019-2020 will be presented by Michael Balliet of Michael Balliet
Consulting, who was awarded the request for proposal (RFP) for the solid waste
agreement performance audit and Senate Bill (SB) 1383 compliance analysis. She
noted that Mr. Balliet will be discussing the performance audit results. She stated
that the internal and external audit found that CR&R has demonstrated acceptable
compliance for the Fiscal Year ending June 30, 2020, but there are areas to
improve as highlighted in the staff report. She thanked Mike Carey of CR&R for
attending the project meetings and providing the necessary data to complete the
audit.
Mr. Balliet presented the performance audit and stated that he reviewed 31 areas
of CR&R's operations. He stated that there are areas that are potentially not
compliant and should be presented to the Board. He reported that, in his review,
the signage on the CR&R trash trucks is non -compliant. He noted that, previously,
the District had very large signage on the trucks similar to billboard advertising. He
discussed CR&R's vehicle fleet that services the District. He stated that there are
eleven trucks in service. He reviewed truck 57254, which is a 2008 vehicle that
collected the most loads over 12 tons. He noted that this vehicle was listed as a
spare. He added that the District should be aware of which trucks are servicing
each route. He stated that the customer complaint log, which contained a 55%
increase in missed pickups, was mostly due to eight vehicle breakdowns. He
discussed CR&R's rate review and the District's per ton rate. He addressed the
age of CR&R's collection fleet, which averages 8.5 years. He recommended
transitioning out a few of the older trucks in the fleet to reach the optimal average
age of seven years. He noted that more than 15% of the routes collected 12 tons
or higher. He discussed the District's rate protection language with CR&R. He
stated that CR&R is charging the District the lowest rate for organic waste, but the
District does not have the lowest overall rate. He added that the District's net -to -
hauler rate is a little above average compared to the other agencies serviced by
CR&R. He noted that the District pays CR&R directly for their services rather than
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CR&R billing the District's solid waste customers. He summarized his report by
noting that there were not a lot of compliance issues, but he recommended
renegotiating the District's rate protections.
Secretary Schafer inquired about the District transitioning from a two -cart system
to a three -cart system.
Mr. Balliet stated that almost every agency is transitioning from a two -cart system
to a three -cart system. He noted that there will be service challenges in adding a
third cart into a built -out, mature community. He recommended researching how
many other agencies are doing the billing on behalf of CR&R and how it contributes
to rate revenue and debt.
Secretary Schafer commented that it is difficult to compare the District's solid
waste services to another agency that has a three -cart system.
Mr. Balliet briefly discussed SB 1383 and reported that there are many unknown
impacts on waste haulers and their operations. He added that, in the beginning of
the COVID-19 pandemic, the District experienced an increase in trash cart
placement issues and noted that this issue may continue to increase with the
addition of a third trash cart.
Director Eckles inquired about Mr. Balliet's recommendation for renegotiating the
District's solid waste rate structure.
Mr. Balliet stated that having the lowest rate for using CR&R's Anaerobic Digestor
(AD) to process organic waste is not providing any tangible benefit to the District.
He reported that only a few of CR&R's clients are paying a per ton fee for collection,
including the District. He added that, if CR&R were to recommended switching to
a three -cart system to increase the District's waste diversion rate, then the District
should negotiate to ensure rate protection in the long-term.
Director Eckles asked if the District has discussed their rate structure with CR&R.
Mr. Carroll stated that District staff agrees with Mr. Balliet's recommendations and
noted that they are seeking direction from the Board to renegotiate CR&R's rate
review and justification.
President Ooten stated that the District comprises about 17% of the total waste
stream that the City of Costa Mesa reports. He inquired about the City of Costa
Mesa's response to SB 1383 legislation.
Mr. Balliet stated that he is working with the City of Costa Mesa on revising their
municipal code to reflect SB 1383 legislation requirements and enforcement
measures.
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President Ooten stated that the City is responsible for meeting the requirements
of SB 1383. He noted that the District will need to coordinate with the City to offer
support.
Mr. Balliet commented that the City is also working on agreement revisions with
their commercial haulers. He suggested that the District's contract with CR&R
should include additional language regarding route inspections and enforcement.
President Ooten inquired if the City will require commercial businesses to have a
recycling cart.
Mr. Balliet stated that it depends on the agreement revisions with their commercial
waste haulers.
Secretary Schafer inquired if the District's Board should have a meeting with the
City Council to discuss SB 1383.
Mr. Balliet stated that his consulting firm recently presented a report on SB 1383
to the City Council. He expressed support for the two agencies working together
to fulfill SB 1383 requirements.
Mr. Mosher commented on President Ooten's claim that the District produces
about 17% of the total tonnage within the City. He noted that SB 1383s diversion
goals include organic waste only. He added that there might be a different figure
regarding residential organic waste versus commercial organic waste. He stated
that it would be useful to know the percentage of the District's contribution to the
overall amount of organic waste within the City.
President Ooten thanked Mr. Mosher for his comments.
Mr. Carroll requested direction from the Board regarding CR&R trash truck
signage.
The Board discussed CR&R's truck signage and agreed to direct staff to request
an increase in the size of the signage related to the District.
Mr. Carroll requested direction from the Board regarding District staff renegotiating
the rate protection clause with CR&R.
Director Perry recommended having a discussion with CR&R regarding that matter
and then presenting an update to the Board.
The Board agreed with Director Perry's recommendation and directed staff to
discuss the rate protection clause with CR&R.
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Ms. Guzman stated that, based on the purposes of this audit, District staff has
enough direction to proceed.
There was no further discussion, and the report was received.
Action, Receive and File: 4. Receive and File Quarterly Legislative Report — Quarter
1
Recommendation: That the Board of Directors receives and files this report.
Management Analyst II, Gina Terraneo, provided report details. She discussed
congressional companion bills House of Representatives (HR) 535 and Senate (S)
91, which seek to give special districts access to coronavirus relief funding. She
noted that the District has sent letters of support for these two bills. She reviewed
companion bills HR 895 and S 209, which state intent to provide assistance to rural
water, wastewater, and waste disposal systems. She noted that the District may
not be eligible for assistance through these bills, but that District staff will be
tracking their progress. She discussed current State legislature bills that the District
is watching. She stated that the District is supporting Assembly Bill (AB) 361, AB
818, and Assembly Concurrent Resolution (ACR) 17. She noted that the District is
opposing AB 59 and AB 339.
Vice President Scheafer requested additional information about SB 443, which
proposes aligning local sub -districts with other districts.
Mr. Carroll stated that, because SB 443 involves redistricting measures, he has
sent the information to District Council, Alan Burns, for review.
President Ooten inquired about AB 339 and how its regulations would apply to the
District.
Ms. Terraneo stated that, based on the District's latest census data, AB 339 would
require the District to provide Spanish translations during public meetings since
more than 5% of service area residents are Spanish -speakers.
There was no further discussion, and the report was received.
Action: 5. Consider Scheduling Special Board of Directors Meetings to discuss
Implementing 3-Cart Solid Waste Recycling Curbside Collection Program and SB
1383, Short-lived Climate Pollutants: Organic Waste Reduction
Recommendation: That the Board of Directors schedules two special meetings for the
following topics:
1. Implementing 3-Cart Solid Waste Recycling Curbside Collection Program
2. SB 1383, Short-lived Climate Pollutants: Organic Waste Reduction
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Mr. Carroll stated that the purpose of this item is to schedule a special meeting for
each discussion item. He requested for the Board to review the three proposed
dates listed in the staff report: March 23, March 24, and March 25. He noted that
District staff can propose additional dates if these dates do not work with the
Board's schedules.
The Board discussed the three proposed dates and requested for District staff to
suggest additional dates.
Mr. Balliet commented that the City of Costa Mesa's code revisions will not be
complete until May or June 2021. He added that SB 1383 requires enforceable
mechanisms to be in place by January 1, 2022. He recommended waiting until
April or May 2021 to have these special meetings.
Mr. Carroll stated that he will provide additional dates to the Board.
Director Eckles expressed support for scheduling these meetings in the late
afternoon or early evening, which is when most people are likely to be available.
Director Perry recommended scheduling these meetings in early April.
There was no further discussion.
Procedural: 1. Oral Communications and Director Comments
Secretary Schafer commented that the CSDA Board currently has elections for its
Southern Network and two other networks. She shared that the District is
interested in Seat A. She noted that Jo MacKenzie is running for re-election for
Seat A. She added that nominations for this seat are due by March 29, 2021.
President Ooten suggested that Secretary Schafer and Mr. Carroll discuss this
matter to determine the correct dates for filing.
Vice President Scheafer inquired if the District is looking to support someone other
than Ms. MacKenzie for Seat A.
Secretary Schafer commented that Ms. MacKenzie does not currently have an
opponent. She inquired if Mr. Carroll has the resolution for nomination. She
recommended discussing the matter at the next Board meeting.
Mr. Carroll confirmed that he has the resolution.
Vice President Scheafer inquired about the District's membership with the
California Association of Sanitation Agencies (CASA). He requested a report on
the procedures and costs associated with rejoining CASA.
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Secretary Schafer stated that the District discontinued its CASA membership
because it was not beneficial financially.
The Board wished a happy birthday to Director Eckels and Mr. Carroll.
There were no additional comments or discussion.
Procedural: 2. Adjournment
President Ooten adjourned the meeting at 11:23 A.M.
Arlene Schafer
Secretary
Bob Ooten
President