Minutes - Board - 2022-02-28COSTA MESA SANITARY DISTRICT
MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
FEBRUARY 28, 2022
NOTE: THIS TELECONFERENCED MEETING WAS CONDUCTED UTILIZING ELECTRONIC
MEANS CONSISTENT WITH STATE OF CALIFORNIA ASSEMBLY BILL 361 (GOV. CODE
54953(B)(3)).
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), Kaitlin Tran (Finance
Manager), Dyana Bojarski (Administrative Services Manager), Marc Davis (District
Treasurer), Mark Esquer (District Engineer), Gina Terraneo (Management Analyst
II)
Others present
Deborah Diep, Center for Demographic Research at California State University,
Fullerton
Judith Gielow, Citizens Advisory Committee member and District resident
Mike Carey, CR&R
Meeting called to order at 4:34 P.M.
A. OPENING ITEMS
Procedural: 1. Call to Order — President Ooten
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President Ooten called the meeting to order at 4:34 P.M.
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,
Secretary Schafer, Director Perry, and Director Eckles were present.
Procedural: 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.
Ms. Middenway stated that the District did not receive any late
communications.
Procedural: 6. Ceremonial Matters and Presentations.
None.
B. PUBLIC COMMENTS
Procedural: 1. Public Comments
President Ooten opened public comments. Hearing none, he closed public
comments.
C. CONSENT CALENDAR
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Action (Consent): 1. Approve Consent Calendar
Recommendation: That the Board of Directors approve the Consent Calendar as
presented.
Action (Consent), Minutes: 2. Approve the Board of Directors Study Session
Minutes of January 11, 2022
Recommendation: That the Board of Directors approve the meeting minutes as
presented.
Action (Consent), Minutes: 3. Approve the Board of Directors Regular Meeting
Minutes of January 24, 2022
Recommendation: That the Board of Directors approve the meeting minutes as
presented.
Action (Consent): 4. Approve Payroll Transparency Disclosure for January 2022
Recommendation: That the Board of Directors approve and file the report.
Action (Consent): S. Adopt Warrant Resolution No. CMSD 2022-08 Approving
District Warrant Registers
Recommendation: That the Board of Directors adopt Warrant Resolution No. CMSD
2022-08 approving District warrants for the month of January in the amount of
$1,224,763.43.
Action (Consent): 6. Approve the Directors' Compensation and Reimbursement
of Expenses
Recommendation: That the Board of Directors approve the compensation and
reimbursement of expenses as presented.
Action (Consent): 7. Approve the preparation of a warrant to CR Transfer in the
amount of $187,559.15 for January 2022 recycling and disposal services in the
February 2022 warrant register
Recommendation: That the Board of Directors approves the preparation of a
warrant to CR Transfer in the amount of $187,559.15 for January 2022 recycling
and disposal services to be ratified in the February 2022 warrant register.
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Action (Consent): 8. Accept the occupancy count as presented as 23,063 and
direct staff to prepare a warrant to CR&R Environmental Services for
$239,013.40 for January 2022 collection
Recommendation: That the Board of Directors accept the occupancy count as
presented using 23,063 as the correct number of active units and direct staff to
prepare a warrant to CR&R Environmental Services for January 2022 collection
based on this occupancy report so long as the contractor fulfills the obligations of
the agreement in the amount of $239,013.40 to be ratified in the February 2022
warrant list.
Action (Consent): 9. Receive and File the January 2022 Solid Waste Diversion
Report
Recommendation: That the Board of Directors receive and file this report.
Action (Consent): 10. Receive and File the January 2022 Organics Tonnage
Report
Recommendation: That the Board of Directors receive and file this report.
Action (Consent): 11. Receive and File the January 2022 Contracts Signed by the
General Manager
Recommendation: That the Board of Directors receive and file this report.
Motion: To approve the Consent Calendar as presented.
Motion by Arlene Schafer, second by Brett Eckles.
Final Resolution: Motion Carries 5-0
Aye: Arlene Schafer, Art Perry, Bob Ooten, Brett Eckles, Mike Scheafer
There was no further discussion.
D. PUBLIC HEARINGS
Action: 1. Open Public Hearing - Consider Voting Division Adjustments After
Decennial Census
President Ooten opened the public hearing at 4:38 p.m.
District Counsel, Alan Burns, provided an overview of the public hearing
process.
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Action: 2. Receive Presentation to Consider Voting Division Adjustments After
Decennial Census
Director of the Center for Demographic Research at the California State
University, Fullerton, Deborah Diep, gave a presentation on the redistricting
process and the data used for the District's redistricting efforts. She
discussed the District's total 2020 Census population of 23,657 and the
differences in population growth between the existing voting divisions. She
noted that the differences within the target population percentage spread
should be under 10%. She explained the redistricting criteria, including
topography, geography, cohesiveness, contiguousness, and retaining
communities of interest. She displayed block group population maps for
Hispanic/Latino of any race, non -Hispanic whites, non -Hispanic Asians, non -
Hispanic blacks or African Americans, non -Hispanic American Indian or
Native Alaskans, non -Hispanic Native Hawaiian or Pacific Islanders, other
non -Hispanic race, and non -Hispanic two or more races. She also displayed
the citizen voting age population (CVAP) block group populations for
Hispanic or Latino of any race, non -Hispanic whites, and non -Hispanic
Asians. She shared a table displaying redistricting data by race and ethnicity.
She discussed the proposed Plan 1 map, which has a percentage spread of
9.77%. She shared the CVAP breakdown for the existing divisions and for
Plan 1 and noted that there is little variance between the two. She explained
the timeline for the redistricting process and stated that the next public
hearing is scheduled for March 14, 2022.
Vice President Scheafer stated that voters in Divisions 2 and 5 are impacted
by the new map. He asked if the voters in Division 2, who will be redistricted
to Division 5, will be able to vote in the next election cycle.
Ms. Diep stated that voters in Divisions 1, 3, and 5 will be voting in the next
election cycle. She confirmed that the voters who are being redistricted from
Division 2 to Division 5 will be voting in the next election cycle in November
2022.
Vice President Scheafer inquired about the number of voters being
redistricted from Division 2 to Division S.
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Ms. Diep stated that no more than a few hundred voters will be moving from
Division 2 to Division 5.
Action: 3. Receive Comments
President Ooten opened public comments. Hearing none, he closed the
public hearing.
Action: 4. Close the Public Hearing
President Ooten closed the public hearing at 4:57 p.m.
Action: 5. Open Public Hearing - Consideration of Annual Wastewater
Collection Charges
President Ooten opened the public hearing at 4:57 p.m. and provided
opening statements.
Mr. Burns provided an overview of the of the public hearing process.
Action: 6. Receive Presentation of Report Justifying Increases - Public Hearing
and Consideration of Annual Wastewater Collection Charges to be Collected
with the General Taxes
General Manager, Scott Carroll, stated that the proposed wastewater
collection charges for 2022-2027 meet the substantive requirements for
Proposition 218. He proceeded to review the Proposition 218 requirements.
President Ooten asked if all the appropriate mailings and publishing of
notices for this hearing have occurred.
Ms. Middenway confirmed that all appropriate mailings and publishing of
notices for this hearing have occurred.
President Ooten asked for a status report on the protests that the District has
received to date.
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Ms. Middenway stated that the District has received 10 written protests out
of 26,302 parcels.
Action: 7. Receive Comments
President Ooten opened public comments. He stated that, by law, only
written protests will be counted.
Secretary Schafer asked if all 10 written protests are from the same area
within the District's service area.
Ms. Middenway stated that the protests are from different areas.
Director Eckles asked if the Costa Mesa Chamber of Commerce had any
follow-up questions after their meeting with the District.
Mr. Carroll stated that they had no questions.
Director Eckles asked if the 10 protests were against any rate change.
Mr. Carroll confirmed that all 10 protests were against any rate change.
President Ooten stated that the protest failed. He asked for a motion to adopt
the schedule of charges in Resolution No. 2022-954 for wastewater
collections services for the years 2022-2027.
Director Perry made a motion to adopt Resolution No. 2022-954.
Vice President Scheafer seconded the motion and requested to discuss the
item before voting. He stated that the District received some comments from
a resident who objected to not being able to protest.
Mr. Carroll stated that a District resident inquired about emailed protests as
a form of written protests. He noted that Proposition 218 was passed in the
1990s and did not consider electronic messages as written protests, nor did
it clearly define "written" protest. He stated that the District has chosen to
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interpret it as written only (handwritten or typed on paper). He added that
if the Board wishes to consider electronic protests, then the District can draft
a new policy.
Vice President Scheafer asked if the District can legally adopt a policy that
accepts written and electronic protests or if the State legislature would need
to adopt the policy beforehand.
Mr. Burns clarified that the District can legally adopt a policy that includes
electronic messaging as a form of a written protest.
Vice President Scheafer confirmed that, if the District had accepted this
resident's electronic protest, then the District received a total of 11 protests.
Director Eckles stated that he will not be supporting Resolution 2022-954 as
he does not consider it to be the right plan for the District.
Motion: To determine that a majority protest did not occur for increasing
wastewater charges, and to adopt Resolution No. 2022-954 confirming the
charges and for the imposition of the charges on the tax roll.
Motion by Art Perry, second by Mike Scheafer.
Final Resolution: Motion Carries 4-1
Aye: Arlene Schafer, Art Perry, Bob Ooten, Mike Scheafer
No: Brett Eckles
Action: 8. Close the Public Hearing
Citizens Advisory Committee (CAC) member and District resident, Judith
Gielow, commented that she is pleased with the compassion that the Board
shows with the rate increase. She stated that older residents may not be able
to fully afford the new rates, but that the rate increase has been established
for the right purpose.
President Ooten closed the public hearing at 5:13 p.m.
Director Perry left the meeting at 5:13 p.m.
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E. GENERAL MANAGER'S REPORTS
Action: 1. Consider Approving out-of-state travel for the Finance Manager to
attend the 2022 Springbrook National User Group (SNUG) Conference in
Portland, Oregon on April 4-6, 2022.
Recommendation: That the Board of Directors consider approving out-of-state
travel for the Finance Manager to attend the 2022 Springbrook National User
Group (SNUG) Conference in Portland, Oregon on April 4-6, 2022.
Mr. Carroll presented the item. He noted that, because the 2022 Springbrook
National User Group (SNUG) Conference is located out-of-state, it requires
Board approval.
Director Eckles confirmed that this item is in the District's budget but
requires Board approval.
Mr. Carroll confirmed that this item is a formality.
Motion: To approve out-of-state travel for the Finance Manager to attend the
2022 Springbrook National User Group (SNUG) Conference in Portland,
Oregon on April 4-6, 2022.
Motion by Brett Eckles, second by Arlene Schafer.
Final Resolution: Motion Carries 4-0-1
Aye: Arlene Schafer, Bob Ooten, Brett Eckles, Mike Scheafer
Not Present: Art Perry
There was no further discussion.
F. ENGINEER'S REPORTS
Action, Receive and File: 1. Receive and File the Monthly District Engineer's
Report and Capital Improvement Projects Status
Recommendation: That the Board of Directors receive and file the District
Engineer's Report and Capital Improvement Projects Status.
President Ooten introduced the item.
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There was no discussion, and the report was received.
Action: 1. Approve New Project #341 Elden Force Main Redundancy
Recommendation: That the Board of Directors:
1. Consider approving new Project #341 Elden Force Main Redundancy; and
2. Consider approving appropriations of $70,000 from the Project #326, 19th
Street Force Main Replacement Project, to the new Project #341 Elden Force
Main Redundancy Project
District Engineer, Mark Esquer, provided a presentation on Project #341
Elden Force Main Redundancy. He described the existing force main.
Vice President Scheafer asked about the flow into this force main and where
it comes form.
Mr. Esquer listed the District's concerns with this force main, which include
the impacts of an earthquake, the ability to perform maintenance, condition
assessment, future refurbishment, and the capacity to handle outages and
outside construction impacts. He shared that the District is looking into
commissioning a planning -level study to determine the District's best
options. He stated that the potential options are to install two force mains in
one bridge, install one force main in one bridge and another one in a
different bridge, or install one force main in a bridge and one underground.
He reviewed the project's estimated budget, which is about $7.1 million
dollars. He discussed how the District may be able to fund this project
through the federal government's $1.2 trillion infrastructure bill. He noted
that the project would have to be completed by 2026 to qualify for federal
funding. He suggested for the District to discuss this project with the Orange
County Board of Supervisors.
Secretary Schafer stated that the District will be represented by a new
county supervisor by 2026. She recommended contacting the California
Special Districts Association (CSDA) to discuss funding.
Director Eckles inquired about other redundant force mains.
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Mr. Esquer stated that there are two force mains at the 19th Street pump
station and at the Iowa Street pump station. He noted that these projects
were relatively smaller than Project #341.
Director Eckles inquired about the project's planning study.
Mr. Esquer stated that it would take about six weeks.
Director Eckles asked if the project will undergo a competitive bidding
process.
Mr. Esquer confirmed that the project will be open to proposals.
Director Eckles asked if District staff or the Board will select the final
proposal.
Mr. Esquer stated that District staff will select the final proposal.
Mr. Carroll confirmed that the General Manager has the authority to
approve projects under $125,000 dollars.
Director Eckles requested a Study Session report regarding the final
proposal.
Discussion followed regarding the project's budget.
Vice President Scheafer inquired if the project would impact the Santa Ana
Country Club.
Mr. Esquer stated that the project will cause traffic disruptions.
Mr. Carroll stated that the District can mitigate disruptions by performing
night work or horizontal drilling.
Discussion followed regarding the various options for installing the two
force mains.
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President Ooten asked if the bridges were built after the Northridge
earthquake.
Mr. Esquer stated that the District has requested Caltrans' drawings for the
bridges and 55 freeway. He noted that the bridges may have been retrofitted
after the Northridge earthquake.
Motion: To approve new Project #341 Elden Force Main Redundancy and
approve an appropriation of $70,000 from the Project #326,19th Street Force
Main Replacement Project, to the new Project #341 Elden Force Main
Redundancy Project.
Motion by Mike Scheafer, second by Arlene Schafer.
Final Resolution: Motion Carries 4-0-1
Aye: Arlene Schafer, Bob Ooten, Brett Eckles, Mike Scheafer
Not Present: Art Perry
G. TREASURER'S REPORTS
None at this time.
H. ATTORNEY'S REPORTS
Action: 1. Consider Adopting Resolution No. 2022-955 Authorizing Remote
Meetings
Recommendation: That the Board of Directors Adopt Resolution No. 2022-955
Authorizing Remote Meetings.
President Ooten introduced the item.
Vice President Scheafer stated that the Orange County Council of
Governments (OCCOG) presents this item at the beginning of their meetings.
Mr. Burns stated that the items must be presented and adopted every 30
days.
Motion: To adopt Resolution No. 2022-955 Authorizing Remote Meetings.
Motion by Mike Scheafer, second by Arlene Schafer.
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Final Resolution: Motion Carries 3-0-2
Aye: Arlene Schafer, Bob Ooten, Mike Scheafer
Not Present: Art Perry, Brett Eckles
There was no further discussion.
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 discussed OCSD's monthly status report and legislative
updates.
2. Santa Ana River Flood Protection Agency (SARFPA) - (Director Perry)
Director Perry was not present to report on SARFPA.
3. Independent Special Districts of Orange County (ISDOC) - (Secretary Schafer)
Secretary Schafer stated that the Board's 700 forms are due soon.
4. California Special Districts Association (CSDA) - (Secretary Schafer)
Secretary Schafer shared that she will be attending a strategic plan
conference in San Diego. She stated that CSDA's deadline to submit
nominations is May 2, 2022. She announced that SDRMA's Spring Education
Day is on March 22, 2022 in Sacramento, the Special District Leadership
Academy will take place April 3 — 61 2022 in San Diego, and that CSDA
Legislative Days will take place May 17 —18, 2022 in Sacramento. She shared
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that CSDA is offering 90-day trial memberships and noted that CSDA
currently has over 1,300 members.
S. Special District Risk Management Authority (SDRMA) - (Director Scheafer)
Vice President Scheafer shared that he attended an SDRMA board meeting
this month. He discussed casualty and property liability rates. He shared that
he is attending the Public Agency Risk Conference at the Disneyland hotel.
6. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55,
Operations Code Section 3.01.030
President Ooten shared that he attended the Water Advisory Committee of
Orange County (WACO) meeting. He also discussed the Orange County Local
Agency Formation Commission's (OCLAFCO) January meeting.
There was no further discussion.
T. 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
Director Eckles requested for District staff to revisit its policy regarding
Proposition 218 protests.
President Ooten suggested to research other cities and special districts'
Proposition 218 policies.
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Director Eckles stated that portable trash cans and other items will be
needed at some upcoming community events like the Pilot Cup soccer
tournament. He expressed concern for those who are currently suffering in
the world.
Secretary Schafer requested for Mr. Burns to provide a legislative report at
a future Study Session meeting.
Vice President Scheafer asked if CR&R can provide trash cans for the soccer
event.
CR&R representative, Mike Carey, stated that, depending on the number of
trash cans needed, CR&R will try to provide them.
There was no further discussion.
M. ADJOURN TO CLOSED SESSION
Discussion: 1. Performance evaluation (Gov. Code §54957) Title: General Manager
President Ooten adjourned to closed session at 6:07 p.m. He stated that the
closed session is to discuss a performance evaluation for the General
Manager and conference with labor negotiator, where the designated labor
negotiator/agency designated representative is himself and the
unrepresented party is the General Manager.
Discussion: 2. Conference with labor negotiator (Gov. Code §54957.6) Agency
Designated Representative: President Ooten Unrepresented party: General
Manager
President Ooten adjourned to closed session at 6:07 p.m.
N. RECONVENE TO OPEN SESSION
1. Report Out of Closed Session
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President Ooten reconvened the meeting from closed session at 6:41 p.m.
and noted that no reportable action was taken during the closed session.
O. CLOSING ITEMS
Procedural: 1. Adjourn — The next meeting of the Costa Mesa Sanitary District
Board of Directors will be held on Monday, February 28, 2021.
President Ooten adjourned the meeting at 6:41 p.m.
Arlene Schafer
Secretary
Bob Ooten
President