Minutes - Board - 2021-05-24COSTA MESA SANITARY DISTRICT
MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
MAY 249 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 & Public
Information Officer), Alan Burns (District Counsel), Marc Davis (District
Treasurer), Mark Esquer (District Engineer), Kaitlin Tran (Finance Manager),
Dyana Bojarski (Administrative Services Manager), Gina Terraneo (Management
Analyst II)
Others present
James Black (District representative at the Office of State Senator Dave Min)
Jim Mosher (District resident)
Mike Carey (CR&R Environmental Services and District resident)
Meeting called to order at 4:30 P.M.
A. OPENING ITEMS
Procedural: 1. Call to Order — President Ooten
President Ooten called the meeting to order at 4:30 P.M.
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Procedural: 2. Pledge of Allegiance - President Ooten
President Ooten led the Pledge of Allegiance.
Procedural: 3. Invocation - Vice President Scheafer
Vice President Scheafer led the Invocation.
Procedural: 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.)
District Clerk and Public Information Officer, Noelani Middenway,
conducted roll call and noted that President Ooten, Vice President Scheafer,
Director Perry, and Director Eckles were present while Secretary Schafer
was not present at this time.
Procedural: S. 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.
None at this time.
Procedural: 6. Ceremonial Matters and Presentations.
None at this time.
B. PUBLIC COMMENTS
Procedural: 1. Public Comments
President Ooten opened public comments.
Ms. Middenway stated that the Board received no written public comments.
She noted that District resident, Jim Mosher, has requested to submit a public
comment.
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Mr. Mosher shared that District Treasurer, Marc Davis, and his company
were selected to be the City of Newport Beach's independent auditor for the
next three to five years.
Hearing no additional comments, President Ooten closed public comments.
C. CONSENT CALENDAR
Action (Consent): 1. Approve Consent Calendar
Recommendation: That the Board of Directors approves the Consent Calendar as
presented.
Action (Consent), Minutes: 2. Approve the Board of Directors Study Session
Minutes of April 13, 2021
Recommendation: That the Board of Directors approves the meeting minutes as
presented.
Action (Consent), Minutes: 3. Approve the Board of Directors Regular Meeting
Minutes of April 26, 2021
Recommendation: That the Board of Directors approves the meeting minutes as
presented.
Action (Consent), Minutes: 4. Adopt Warrant Resolution No. CMSD 2021-11
Approving District Warrant Registers
Recommendation: That the Board of Directors adopts Warrant Resolution No.
CMSD 2021-11 approving District warrants for the Month of April in the amount of
$791,199.86.
Action (Consent): S. Approve the Directors' Compensation and Reimbursement
of Expenses
Recommendation: That the Board of Directors approves the compensation and
reimbursement of expenses as presented.
Action (Consent): 6. Approve Payroll Transparency Disclosure for April 2021
Recommendation: That the Board of Directors approves and files this report.
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Action (Consent): 7. Approve the preparation of a warrant to CR Transfer in the
amount of $222,042.81 for April 2021 recycling and disposal services in the May
2021 warrant register
Recommendation: That the Board of Directors approves the preparation of a
warrant to CR Transfer in the amount of $222,042.81 for April 2021 recycling and
disposal services to be ratified in the May 2021 warrant register.
Action (Consent): 8. Accept the occupancy count as presented as 23,014 and
direct staff to prepare a warrant to CR&R Environmental Services for
$238,505.59 for April 2021 collection
Recommendation: That the Board of Directors accepts the occupancy count as
presented using 23,014 as the correct number of active units and direct staff to
prepare a warrant to CR&R Environmental Services for April 2021 collection based
on this occupancy report so long as the contractor fulfills the obligations of the
agreement in the amount of $238,505.59 to be ratified in the May 2021 warrant list.
Action (Consent): 9. Receive and File the April 2021 Organics Tonnage Report
Recommendation: That the Board of Directors receives and files this report.
Action (Consent): 10. Receive and File the April 2021 Solid Waste Diversion
Report
Recommendation: That the Board of Directors receives and files this report.
Action (Consent): 11. Approve the Investment Report for the Month of April
2021
Recommendation: That the Board of Directors approves the Investment Report for
the month of April 2021.
Action (Consent): 12. Receive and File the April 2021 Contracts Signed by the
General Manager
Recommendation: That the Board of Directors receives and files this report.
Motion: To approve the Consent Calendar as presented.
Motion by Art Perry, second by Brett Eckles.
Final Resolution: Motion Carries 4-0-1
Aye: Art Perry, Bob Ooten, Brett Eckles, Mike Scheafer
Not Present: Arlene Schafer
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Mr. Mosher discussed Item CS and thanked President Ooten and Director
Perry for submitting their meeting notes. He expressed appreciation to
Director Eckles for not billing the District for meetings other than the regular
District Board meetings. He inquired about Director Perry's meeting notes
regarding the Costa Mesa City Council's April 6th Study Session, and the City's
discussion regarding redistricting.
Director Perry stated that a comment was made about the 2020 census and
its potential effect on redistricting.
There was no further discussion.
D. PUBLIC HEARINGS
None at this time.
E. GENERAL MANAGER'S REPORTS
Action: 1. Award Tanisha Tingling, Administrative Assistant I, $1S0.00 for her
Idea to Improve the District's Sewer Manhole Management System
Recommendation: That the Board of Directors approves rewarding Tanisha
Tingling, Administrative Assistant I, $150.00 for idea to improve the District's sewer
manhole management system.
General Manager, Scott Carroll, discussed the Sewer Manhole Management
System and its use of artificial intelligence. He noted that the current
management platform is time consuming for users and that it requires
multiple steps. He shared that Administrative Assistant I, Tanisha Tingling,
suggested using an app called "My Tracks" that allows the District's Code
Enforcement to plan his routes, record his vehicle's location while driving,
and share information via email. He stated that, by tracking the location of
the Code Enforcement vehicle during its video recording of sewer manhole
covers, the information from the app will inform the user of which areas
have and have not been recorded. He added that the app will eliminate the
possibility of re-recording an area. He reported that this app is efficient for
users and free to use. He recommended that the Board approves rewarding
Ms. Tingling for her idea.
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Motion: To approve rewarding Tanisha Tingling, Administrative Assistant I,
$150.00 for her idea to improve the District's sewer manhole management
system.
Motion by Art Perry, second by Mike Scheafer.
Final Resolution: Motion Carries 4-0-1
Aye: Art Perry, Bob Ooten, Brett Eckles, Mike Scheafer
Not Present: Arlene Schafer
There was no further discussion.
Action, Receive and File: 2. Preliminary Biennial Budget Review for FY 2021-22
& FY 2022-23
Recommendation: That the Board of Directors receives and files this report.
Mr. Carroll stated that the Board was going to review the preliminary budget
at today's meeting, but District staff has decided to delay the review until the
June Study Session. He noted that District staff is still working on the budget.
Director Eckles expressed support for discussing the preliminary budget
once it is complete. He inquired if there will be an opportunity to make
adjustments to the budget after the June Study Session and before it is
ratified at the June Board meeting.
Mr. Carroll stated that the Board can schedule a special meeting in between
the June Study Session and June Board meeting.
District Counsel, Alan Burns, stated that August 10, 2021 is the deadline to
provide information for the County of Orange tax rolls. He noted that the
District will need to schedule a public hearing before August.
Mr. Carroll stated that the Board can decide if they want to schedule a special
meeting after the June Study Session.
Mr. Burns recommended publishing a notice for the public hearing at the
June Board meeting.
Mr. Carroll confirmed that the notice has already been published for the
June Board meeting.
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There was no further discussion.
Action, Receive and File: 3. Receive and File Government Investing 101 Report
Recommendation: That the Board of Directors receives and files this report.
Mr. Carroll introduced District Treasurer, Marc Davis, to discuss the
District's investing policy.
Mr. Davis shared that the District previously discussed this item about 2 %
years ago. He discussed allowable investments, including Local Agency
Investment Fund (LAIF), US Treasuries, Federal Agency Securities,
Certificates of Deposit, Negotiable Certificates of Deposit, Bankers
Acceptances (BA), Commercial Paper, Medium Term Corporate Notes, and
CalTrust. He reviewed common investment terminology that is used in his
monthly investment reports. He discussed the five main points of the
District's investment objectives, which include legality, safety, liquidity,
diversification, and yield. He reviewed the District's investment philosophy.
He described the method of investing and discussed the current investment
environment. He shared the Federal Deposit Insurance Corporation (FDIC)
insurance information, tradability, allowable percentage of CMSD's
portfolio, risk, and the rates for the various investment types.
Director Eckles inquired about the District's rate of liquidity.
Mr. Davis discussed the District's rate of liquidity and noted that 42% of the
District's portfolio matures within a year or less. He added that the level of
liquidity will decrease over the next few months.
Director Eckles inquired about last year's effect on the District's portfolio.
Mr. Davis stated that the Investment Report for April 2021 contains a chart
highlighting the lifetime rate of the District's portfolio. He noted that the
District's rates drastically decreased due to the COVID-19 pandemic.
President Ooten congratulated Mr. Davis on his contract with the City of
Newport Beach.
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There was no further discussion, and the report was received.
Action, Receive and File: 4. Approve Auditor Engagement Letter for Fiscal Year
2020-21 Audit
Recommendation: That the Board of Directors receives and files this report.
President Ooten provided an overview of the report.
Mr. Carroll noted that the report includes an engagement letter that must be
presented to the Board annually.
Finance Manager, Kaitlin Tran, noted that the District is extending their two-
year contract with Teaman, Ramirez & Smith (TRS), but that the purpose of
this report is to present the engagement letter with TRS. She stated that the
letter discloses their responsibilities and notes that the audit is scheduled to
begin on October 4, 2021. She added that an audit report will be presented
toward the end of the calendar year. She noted that the audit costs $10,000.
Mr. Burns stated that this item requires approval from the Board.
Motion: To approve and file the auditor engagement letter for Fiscal Year
2020-21 Audit.
Motion by Mike Scheafer, second by Art Perry.
Final Resolution: Motion Carries 4-0-1
Aye: Art Perry, Bob Ooten, Brett Eckles, Mike Scheafer
Not Present: Arlene Schafer
There was no further discussion.
F. ENGINEER'S REPORTS
Action, Receive and File: 1. Receive and File the Monthly Capital Improvements
Project Status Report
Recommendation: That the Board of Directors receives and files the report.
District Engineer, Mark Esquer, inquired if the Board would like an update
on each Capital Improvement Project (CIP).
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President Ooten asked if each Board member read the report.
Director Perry asked for an update on the President Pump Station project.
Mr. Esquer stated that the project started in February. He noted that the
contractor has been doing a good job. He added that the wet well, valve pit,
and electrical conduit have been installed. He shared that they are waiting
on Southern California Edison for the transformer. He noted that the COVID-
19 pandemic has caused a few delays. He stated that there is a shortage of
resin needed to make polyvinyl chloride (PVC) sewer pipes. He reported that
the project will be extended to accommodate for the delays and shortages.
He noted that the pump station is transitioning from a lower to higher
voltage transformer. He discussed the timeline for reopening the access to
the park in late June or early July. He stated that he will correspond with the
City of Costa Mesa once the District receives more project updates. He noted
that he does not anticipate that the project will be completed by June 30,
2021. He added that it may not be completed until late August or early
September. He suggested allowing a partial opening of the accessway during
select hours.
Secretary Schafer entered the meeting at 5:16 p.m.
Vice President Scheafer expressed appreciation for the "Rainfall" section of
the staff report. He asked where Norse Drive is located.
Mr. Esquer stated that it is located near Newport Beach.
Vice President Scheafer stated that the District has limits on change orders.
He asked if Mr. Esquer anticipates major change orders as a result of the
increases in costs for construction materials.
Mr. Esquer discussed alternative construction materials.
Discussion followed regarding other projects.
Director Eckles noted that Norse Dive is a small cul-de-sac within his District
voting division.
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There was no further discussion, and the report was received.
G. TREASURER'S REPORTS
None at this time.
H. ATTORNEYS REPORTS
None at this time.
I. LOCAL MEETINGS: In accordance with AB 1234 (Gov. Code 53232.3), a report is
required to be given by a Director for any meeting for which expense
reimbursement of any kind is provided. Note: For meetings for which the per diem
compensation is sought, the Operations Code provides that such compensation is
authorized for each day's service rendered as a Director at the request of the Board
(not to exceed six days in one month), and certain meetings are specified as being
eligible as set forth in District Operations Code § 3.01.030. For meetings not so
listed, the Board must approve the service for it to be eligible for the per day
compensation.
1. Orange County Sanitation District (OCSD) - (President Ooten)
President Ooten shared a few updates regarding OCSD's Operations
Committee. He stated that OCSD has an approved list of 18 design and
planning consultants for the Engineering Department's small projects. He
noted that each consultant can do a maximum of $600,000 in projects. He
shared that OCSD is constructing a new headquarters and many other
projects.
2. Santa Ana River Flood Protection Agency (SARFPA) - (Director Perry)
Director Perry shared that the SARFPA meeting is this Thursday, May 27,
2021 and that he will share a report at the next Board meeting.
3. Independent Special Districts of Orange County (ISDOC) - (Secretary Schafer)
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Secretary Schafer shared that ISDOC discussed the upcoming elections for
the California Special Districts Association (CSDA). She discussed ISDOC's
recent luncheon.
4. California Special Districts Association (CSDA) - (Secretary Schafer)
Secretary Schafer discussed CSDA's Legislative Days event. She stated that
she attended a CSDA Finance Committee meeting. She shared that CSDA has
over 1,250 members. She reported that she will be flying to Sacramento in
June for the next CSDA meeting.
5. Special District Risk Management Authority (SDRMA) - (Director Scheafer)
Vice President Scheafer stated that he has nothing to report. He shared that
SDRMA has a special Board meeting on June 3, 2021 to establish rates for
reinsurers.
6. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55,
Operations Code Section 3.01.030
Secretary Schafer shared that she attended the District's Citizens Advisory
Committee meeting on May 12, 2021 and the District's Citizens
Environmental Protection Academy (CEPA).
President Ooten stated that he attended the Water Advisory Committee of
Orange County (WACO) meeting where desalination was discussed. He noted
that the ongoing drought will have impacts on wastewater flows. He
reported that he does not seek reimbursement from the District for OCSD
meetings.
Vice President Scheafer shared that he met with President Ooten, Mr.
Carroll, Senator Min, and Senator Min's staff last month. He stated that it was
a very beneficial meeting. He reported that Senator Min's office now has a
much better appreciation for the District's services. He shared that State
Senator Min's Chief of Staff attended tonight's meeting.
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President Ooten shared that the District introduced Senator Min to Senate
Bill (SB) 1383 and invited him to watch the District's CEPA video
presentation. He discussed SB 1383 requirements and regulations.
There was no further discussion.
1. OLD BUSINESS
None at this time.
K. NEW BUSINESS
None at this time.
L. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS
Discussion: 1. Oral Communications and Director Comments
Vice President Scheafer commented that, earlier in the meeting, a member
of the public unfairly criticized some Board members who attend more
meetings than others. He noted that every meeting is an opportunity to help
a Board member better serve the District. He noted that he does not seek
reimbursement from the District for attending ceremonial meetings or
social gatherings.
Secretary Schafer stated that the Governor of California dictates the pay
structure for sanitary board members. She noted that they can only request
compensation for six meetings per month while water districts are allowed
ten meetings per month. She shared that she attended about ten meetings
last month despite not getting paid for all of them. She stated that she
attended the meetings for the sake of the communities that she represents.
There was no further discussion.
M. ADJOURN TO CLOSED SESSION
No closed session.
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N. RECONVENE TO OPEN SESSION AND REPORT OF ACTION TAKEN
No closed session.
O. CLOSING ITEMS
Procedural: 1. Adjourn
President Ooten adjourned the meeting at 5:46 P.M.
rlene Schafer
Secretary
Bob Ooten
President