Minutes - Board - 2022-04-12COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS STUDY SESSION
APRIL 12, 2022
NOTE: THIS HYBRID IN -PERSON AND 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 and Public
Information Officer), Dyana Bojarski (Administrative Services Manager), Mark
Esquer (District Engineer), Angela Colunga (Administrative Assistant), Nabila
Guzman (Management Analyst I), Lieu Tran (Accountant), Autumn Alvarez
(Accounting Clerk), David Griffin (Interim Code Enforcement Officer)
Others present
Jim Mosher, District resident
Mike Carey, CR&R
Eric Sterling, Senior Landscape Architect of David Volz Design Landscape
Architects, Inc.
Meeting called to order at 8:00 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.)
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President Ooten called the meeting to order at 8:00 A.M.
District Clerk and Public Information Officer, Noelani Middenway, noted
that President Ooten, Vice President Scheafer, Secretary Schafer, Director
Perry, and Director Eckles were present.
B. PUBLIC COMMENTS
Procedural: 1. Public Comments
President Ooten opened public comments. Hearing none, he closed public
comments.
C. ITEMS OF STUDY
Action, Receive and File: 1. Receive and File March 2022 Code Enforcement
Officer Report
Recommendation: That the Board of Directors receives and files this report.
President Ooten introduced the report.
Interim Code Enforcement Officer, David Griffin, presented report details.
He stated that there were nine scavenging investigations for March 2022.
Discussion followed regarding the repeat scavenging offender on Royal
Palm Drive.
Director Perry inquired about issuing warning notices for scavenging.
Mr. Griffin suggested providing an informational tag similar to the trash cart
tags.
Director Eckles expressed support for issuing warning notices and tickets to
repeat scavengers.
President Ooten inquired about the City of Costa Mesa's procedures for
responding to repeat scavengers.
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Mr. Griffin stated that the City provides repeat offenders with a verbal
warning.
Secretary Schafer asked if the upcoming issue of the District's newsletter will
have information on scavenging.
General Manager, Scott Carroll, stated that the upcoming issue does not have
any articles regarding scavenging, but that the topic has been discussed in
previous issues. He reiterated the Board's position on scavenging, which is
to issue citations to people who appear to be scavenging as a business
enterprise. He noted that these citations require a due process hearing.
Secretary Schafer recommended including a scavenging update in a future
issue of the newsletter.
President Ooten stated that most scavengers redeem their items at the
Orange Coast College (OCC) Recycling Center. He added that CR&R buys all
recyclables from the OCC Recycling Center. He commented that scavenging
can be beneficial for larger cities. He proposed that it may be impossible to
prevent scavenging but expressed support for the Board's efforts to decrease
scavenging activity.
Director Eckles commented that some scavengers are con artists. He
expressed support for adding this topic to the next issue of the newsletter to
educate the District's customers on how to address scavenging.
Vice President Scheafer noted that it is unlikely that the scavengers are
reading the District's newsletters. He expressed support for adding this topic
to the newsletter to discourage customers who may be supporting
scavengers.
Discussion followed regarding the distribution of the District's newsletter.
Secretary Schafer expressed recognition for Mr. Griffins work performance.
Mr. Griffin continued presenting his report and discussed trash carts in
public view.
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Director Perry commented that a three -cart system may increase trash carts
in public view violations.
There was no further discussion, and the report was received.
Action: 2. Proposed Drought Tolerant Landscape Design Plans for CMSD HQ
Recommendation: That the Board of Directors:
1. Provide feedback regarding the proposed tolerant landscape design plans;
and
2. Direct staff to report back to the Board of Directors to consider approving
transferring additional funds from the Facility Revolving Fund to Project
#342 Drought Tolerant Landscaping at HQ
President Ooten introduced the item.
Mr. Carroll stated that the lead architect and project manager of the
landscape design was not in attendance to present the report. He requested
to move this item to the April Board meeting.
The Board agreed to move this item to the April Board meeting.
There was no further discussion.
Action, Receive and File: 3. Sewer Inspection Rebate Program Campaign Metrics
Update
Recommendation: That the Board of Directors receive and file this report.
President Ooten introduced the item.
Ms. Middenway presented report details. She stated that District staff
focused on promoting the Sewer Inspection Rebate Program (SIRP) in
February 2022. She noted that the 2021 Citizen Survey results indicated a
very low percentage of customers who were aware of SIRP. She discussed
the metrics of the District's SIRP outreach campaign. She stated that, for
2021, the District received 46 SIRP applications and reimbursed 23
customers equaling a total of $6,594.99. She reported that, for 2022, the
District has received 65 applications and reimbursed 19 customers equaling
a total of $3,325.
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Director Perry inquired about the program's percentage of improvement
from last year to this year.
Ms. Middenway stated that, compared to 2021, the program has increased
by a total of 19 applications.
Director Perry asked about the program's budget.
Mr. Carroll stated that the total budget is $25,000.
Director Perry asked how much of the budget has been spent to date.
Ms. Middenway stated that $3,325 has been spent for 2022.
Vice President Scheafer recommended promoting this program to local
plumbers and advising customers to contact the District before performing
any sewer maintenance.
Discussion followed regarding the District's previous efforts to inform local
plumbers of the program.
Mr. Carroll stated that the District's public awareness campaigns are very
effective. He discussed the program's reimbursement levels.
Director Perry inquired if the reimbursement amounts should be increased.
District Engineer, Mark Esquer, confirmed that the program's
reimbursement amounts are sufficient. He noted that the District will
reimburse qualified applicants up to $500 for installing a cleanout and that
the price of a cleanout ranges from $750 to $1,200. He added that the
program has been very successful.
President Ooten discussed a recent cleaning of his sewer lateral. He inquired
about the maintenance statuses of program video submissions.
Mr. Esquer stated that about 30% of all submissions require sewer lateral
repairs. He noted that he has seen some root intrusions and offset joints that
require spot repairs. He shared that applicants can apply to the program
every five years, and that the program helps prevent sanitary sewer
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overflows (SSOs) and property owners perform the necessary maintenance
work.
There was no further discussion, and the report was received.
Action: 4. Bilingual Pay
Recommendation: That the Board of Directors direct staff to bring this item back
to the May 23, 2022 regular Board of Directors meeting to consider bilingual pay
policy.
President Ooten introduced the item.
Administrative Services Manager, Dyana Bojarski, provided report details.
She stated that, according to the 2020 data from the District's redistricting
process, 32% of the population identifies as Hispanic. She shared that, in
2018, the District began publishing the quarterly newsletter in English and
Spanish. She added that the District increased its presence through social
media and awareness campaigns with bilingual messaging to increase
participation amongst the Spanish-speaking population of Costa Mesa. She
stated that, due to the District's bilingual outreach effort, District staff has
experienced an increase in phone calls from Spanish-speaking customers
who are seeking additional information. She noted that these calls are
transferred to the District's Management Analyst I, who is a fluent Spanish
speaker, for assistance. She added that this employee also routinely
translates and reviews the District's bilingual outreach material. She stated
that the District does not offer bilingual pay for those services. She shared
that District staff believes that having one or more bilingual employees on
staff is essential to ensuring a fully effective local government. She discussed
the data from the 2020 Decennial Census. She added that, if the Board
decides to proceed with a bilingual pay policy, then District staff will monitor
the needs of the community to assess the benefit of adding additional
languages. She stated that District staff is proposing a monthly rate of $140
for bilingual speaking skills and a monthly rate of $180 for bilingual
speaking, reading, and writing skills. She noted that bilingual pay is
considered special compensation that would be reported to the California
Public Employees' Retirement System (CalPERS). She added that it is
imperative for the District to offer compensation and benefits that are
competitive for recruitment and retention purposes. She reviewed the
qualifications for bilingual pay. She noted that the District's proposed
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bilingual pay is solely focused on Spanish at this time. She discussed the
annual bilingual pay amounts and stated that there is sufficient funding in
the current budget for one bilingual employee.
Director Perry asked how often Spanish speakers call the District for
assistance.
Ms. Bojarski stated that they vary from about zero to four phone calls per
week. She explained the importance of having a bilingual staff member to
translate emergency messaging.
Mr. Carroll stated that the District typically experiences an increase in phone
calls from Spanish speakers after the District's quarterly newsletter is
published.
Director Perry asked if bilingual pay can be considered a bonus rather than
a monthly fee to CalPERS.
Ms. Bojarski stated that, since bilingual pay is considered another pay
amount, it is required to be included in Ca1PERS.
Director Perry asked if bilingual staff members will be required to work five
days a week.
Ms. Bojarski stated that bilingual staff members will work according to the
District's operating hours. She noted that if the employee is telecommuting,
then the phone call will be transferred to their cell phone.
Director Eckles asked if the job responsibilities of the Management Analyst I
position require customer facing interaction.
Ms. Bojarski confirmed that customer service is a required job responsibility
of that position. She noted that the position responds to a high volume of
solid waste inquiries.
Director Eckles asked if the employee in that position is spending additional
time performing bilingual duties.
Ms. Bojarski confirmed that the employee is already performing bilingual
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work for the District.
Director Eckles asked if this employee assists the District with translating
public outreach material into Spanish as part of their current job
responsibility.
Ms. Bojarski stated that translation services are not included in the position's
job description.
Director Eckles inquired if the employee is spending additional time outside
of their typical workday to perform bilingual services.
Ms. Bojarski confirmed that bilingual services are not included in the
employee's job duties; however, they are performing the work during their
regular work hours.
Director Eckles asked who performs these services if that specific employee
is on leave.
Ms. Bojarski stated that the District does not have additional staff members
that are capable of assisting Spanish-speaking customers.
Director Eckles inquired about bilingual services for other predominant
languages in the District's service area.
Ms. Bojarski stated that the District will have to monitor the need for
additional translation services. She noted that there is no available data that
indicates the English proficiency levels of the service area. She shared that
the District sometimes receives calls from Vietnamese speakers, which are
transferred to a staff member for assistance.
Director Eckles inquired if the proposed bilingual pay would be applicable
to staff members proficient in Vietnamese.
Ms. Bojarski clarified that the District is only focusing on providing bilingual
pay for staff members proficient in Spanish at this time.
Director Eckles asked if bilingual pay would be adjusted according to
inflation or merit increases.
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Ms. Bojarski stated that the bilingual pay amounts would be determined by
the Board. She noted that other special pay amounts are not typically
adjusted to account for inflation.
Mr. Carroll stated that, according to past practices, only salaries are adjusted
to account for inflation.
Director Eckles inquired about the proficiency requirements. He asked if
District staff is considering hiring new employees solely for translation
services.
Ms. Bojarski stated that the bilingual pay is applicable to current employees,
and that the District is not considering hiring additional employees at this
time. She noted that the District is not requiring future employees to be
bilingual.
Vice President Scheafer asked if employees would receive additional pay for
bilingual services even if it is considered a job requirement.
Ms. Bojarski stated that, based on other local agencies, such positions would
receive bilingual pay.
Discussion followed regarding the other local agencies included in the
report.
Director Perry recommended researching the bilingual pay policies of other
special districts like Midway City Sanitary District and Mesa Water District.
Mr. Carroll stated that policies vary amongst special districts depending on
the governing board.
Discussion followed regarding the City of Westminster- s translation services.
Vice President Scheafer expressed support for considering a bilingual pay
policy.
Discussion followed regarding the potential implications of the District not
appropriately responding to and assisting Spanish-speaking customers.
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President Ooten stated that if the District is not equipped to service Spanish-
speaking customers, then the District would have to consider hiring a
translation services company for assistance.
Director Eckles issued a motion to deny District staff s recommendation. He
requested to review the Citizens Advisory Committee's (CAC) comments
before considering the item for further discussion. He stated that a bilingual
pay policy for Spanish could lead to additional policies for other languages.
He commented that such policies prevent people from learning English. He
noted that if employees were spending additional time outside of their
normal working hours to perform bilingual services, then he would support
a bilingual pay policy. He stated that employees who are bilingual in English
and Spanish are already spending time assisting customers during their
workday.
Director Perry expressed agreement with Director Eckles' motion.
Vice President Scheafer issued a substitute motion to bring this item back to
the May Board meeting to review the CAC's comments and determine if
bilingual pay should be approved.
Mr. Carroll reviewed the timeline for discussing and approving this item.
Director Eckles requested for this item to be presented at the June Study
Session rather than the May Board meeting.
President Ooten asked if employees' job descriptions state "and other duties
as required." He proposed that bilingual services would qualify as an "other
duty."
Secretary Schafer expressed support for reviewing this item at the June
Study Session.
The Board of Directors directed staff to bring this item back to the Board to
discuss and review the Citizens Advisory Committee's (CAC) comments at the
June Study Session.
There was no further discussion.
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Action: S. Project 327 Calcium Removal Phase I: Testing Methods for Removal
Recommendation: That the Board of Directors discuss this topic with staff and
provide feedback.
President Ooten introduced the item.
Mr. Esquer provided report details. He discussed the effects and causes of
calcium buildup and the recommended removal techniques. He reviewed
the District's calcium removal plan and possible test sites. He stated that
there is about $75,000 available for testing, but that the overall project is
projected to cost less than $60,000. He discussed the timeline of the project.
Discussion followed regarding the District's previous efforts for calcium
removal.
Director Perry inquired about the length of the testing area.
Mr. Esquer stated that a two-day test will measure from manhole to
manhole, which is about 340 feet.
Director Eckles inquired about the time and material (T & M) necessary for
testing.
Mr. Esquer stated that the District will solicit prices for performing two days
of work from different contractors in an effort to limit the District's
expenses.
Director Eckles asked how many contractors will be contacted.
Mr. Esquer stated that the District has already received bids for mechanical
cleaning. He added that he will contact the Sourcewell Cooperative
Purchasing Agreement to obtain a quote based on their bid price.
President Ooten asked if the chain flail can be mounted on wheels to prevent
damage to the pipe.
Mr. Esquer stated that the chain flail will be centered in the pipeline and that
high-pressure water will spin the chain and propel it down the sewer lateral.
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The Board expressed support for the proposed tests.
Mr. Esquer stated that this project will begin in this fiscal year and continue
into the next fiscal year.
There was no further discussion.
D. CLOSING ITEMS
Procedural: 1. Oral Communications and Director Comments
Eric Sterling of David Volz Design Landscape Architects, Inc. joined the
meeting at 9:10 a.m.
Mr. Carroll announced that Mr. Sterling is available to present Item C2.
The Board agreed to move that item to the April Board meeting.
There were no additional comments.
Procedural: 2. Adjournment
President Ooten adjourned the meeting at 9:12 A.M.
Arlene Schafer
Secretary
Bob Ooten
President