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Tuesday, December 13, 2022
Board of Directors Study Session
Time: 8:00 a.m.
Location: Costa Mesa Sanitary District - 290 Paularino Ave., Costa Mesa, CA 92626
***
IMPORTANT NOTICE REGARDING DECEMBER 13, 2022 STUDY SESSION MEETING
This hybrid in-person and teleconferenced meeting will utilize electronic means consistent with
State of California Assembly Bill 361 (Gov. Code § 54953(b)(3)).
***
The livestream of the meeting can be viewed by clicking the "Video" icon on this page (which will be
made available at the start of the meeting) or by visiting www.youtube.com/CostaMesaSanitary.
***
To participate in the meeting by computer:
1. Copy and past the following into your browser - https://us02web.zoom.us/join
2. Enter the Meeting ID number - 882 7105 8326
3. Click "Join."
***
To join the meeting with a mobile device:
1. Download the Zoom app at the Google Play Store (for Android devices) or the App Store (for
Apple devices)
2. Open the Zoom app. Select "Join a Meeting."
3. Enter Zoom Meeting ID. Select "Join Meeting."
***
To join the meeting by phone:
1. Call 1-669-900-6833.
2. You will be asked to enter the Meeting ID number. Dial 882 7105 8326#
3. Lastly, you will be asked to enter your Participant ID. Press the # symbol again to bypass this
step.
***
Public Comments: Members of the public can submit any comments in real time during the meeting
or prior to the meeting in writing for the Board of Directors' consideration by sending them to the
District Clerk, Noelani Middenway, at nmiddenway@cmsdca.gov. Those comments will be made part
of the official public record of the meeting.
***
Obtaining Agenda Materials: The public is entitled to copies of all documents that are made part of
the agenda packet. If any document or other writing pertaining to an agenda item is distributed to
all or a majority of the Board after the packet is prepared, a copy of that writing may be obtained
from the District Clerk's Office.
***
In Compliance with ADA: Contact District Clerk, Noelani Middenway, at (949) 645-8400, 48 hours
prior to meeting if assistance is needed (28 CFR 35.102.35.104 ADA Title II).
A. OPENING ITEMS
1. 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.)
B. PUBLIC COMMENTS - This time has been set aside for persons in the audience to make comments on items
within the subject matter jurisdiction of the Costa Mesa Sanitary District that are not listed on this agenda.
Members of the public will have the opportunity to address the Board of Directors about all other items on
this agenda at the time those items are considered. Under the provisions of the Brown Act, the Board of
Directors is prohibited from taking action on oral requests but may refer the matter to staff or to a
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subsequent meeting. The Board of Directors will respond after public comment has been received. Please
state your name. Each speaker will be limited to four (4) continuous minutes.
1. Public Comments
C. ITEMS OF STUDY
1. Receive and file the 2022 Certified Election Results
2. Administration of the Oath of Office to Directors Schafer, Ooten, and Scheafer
3. Receive and File November 2022 Code Enforcement Officer Report
4. Receive and File Waste Composition Studies #4 from Michael Balliet Consulting
5. Third Review of Draft Agreement Amendment with CR&R Incorporated
6. Consider Adopting Resolution No. 2022-976 Authorizing Remote Meetings
D. CLOSING ITEMS
1. Oral Communications and Director Comments
2. Adjournment
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Tuesday, December 13, 2022
Board of Directors Study Session
Time: 8:00 a.m.
Location: Costa Mesa Sanitary District - 290 Paularino Ave., Costa Mesa, CA 92626
***
IMPORTANT NOTICE REGARDING DECEMBER 13, 2022 STUDY SESSION MEETING
This hybrid in-person and teleconferenced meeting will utilize electronic means consistent with
State of California Assembly Bill 361 (Gov. Code § 54953(b)(3)).
***
The livestream of the meeting can be viewed by clicking the "Video" icon on this page (which will be
made available at the start of the meeting) or by visiting www.youtube.com/CostaMesaSanitary.
***
To participate in the meeting by computer:
1. Copy and past the following into your browser - https://us02web.zoom.us/join
2. Enter the Meeting ID number - 882 7105 8326
3. Click "Join."
***
To join the meeting with a mobile device:
1. Download the Zoom app at the Google Play Store (for Android devices) or the App Store (for
Apple devices)
2. Open the Zoom app. Select "Join a Meeting."
3. Enter Zoom Meeting ID. Select "Join Meeting."
***
To join the meeting by phone:
1. Call 1-669-900-6833.
2. You will be asked to enter the Meeting ID number. Dial 882 7105 8326#
3. Lastly, you will be asked to enter your Participant ID. Press the # symbol again to bypass this
step.
***
Public Comments: Members of the public can submit any comments in real time during the meeting
or prior to the meeting in writing for the Board of Directors' consideration by sending them to the
District Clerk, Noelani Middenway, at nmiddenway@cmsdca.gov. Those comments will be made part
of the official public record of the meeting.
***
Obtaining Agenda Materials: The public is entitled to copies of all documents that are made part of
the agenda packet. If any document or other writing pertaining to an agenda item is distributed to
all or a majority of the Board after the packet is prepared, a copy of that writing may be obtained
from the District Clerk's Office.
***
In Compliance with ADA: Contact District Clerk, Noelani Middenway, at (949) 645-8400, 48 hours
prior to meeting if assistance is needed (28 CFR 35.102.35.104 ADA Title II).
A. OPENING ITEMS
Subject 1. Roll Call - (If absences occur, consider whether to deem those absences excused
based on facts presented for the absence – such determination shall be the
permission required by law.)
Meeting Dec 13, 2022 - Board of Directors Study Session
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Robert Ooten, President
Michael Scheafer, Vice President
Arlene Schafer, Secretary
Arthur Perry, Director
Brett Eckles, Director
Type Procedural
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B. PUBLIC COMMENTS - This time has been set aside for persons in the audience
to make comments on items within the subject matter jurisdiction of the Costa
Mesa Sanitary District that are not listed on this agenda. Members of the public
will have the opportunity to address the Board of Directors about all other items
on this agenda at the time those items are considered. Under the provisions of
the Brown Act, the Board of Directors is prohibited from taking action on oral
requests but may refer the matter to staff or to a subsequent meeting. The Board
of Directors will respond after public comment has been received. Please state
your name. Each speaker will be limited to four (4) continuous minutes.
Subject 1. Public Comments
Meeting Dec 13, 2022 - Board of Directors Study Session
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Type Procedural
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C. ITEMS OF STUDY
To: Board of Directors
Via: Scott Carroll, General Manager
From: Noelani Middenway, District Clerk/Public Information Officer
Date: December 13, 2022
Subject: Receive and File November 8, 2022 Certified Election Results
Summary
The November 8, 2022 election resulted in the re-election of incumbents Mike Scheafer (Division 1), Bob Ooten (Division 3), and Arlene
Schafer (Division 5), to serve a four-year term ending in December 2026.
Recommendation
That the Board of Directors receive and file the November 8, 2022 certified election results.
Analysis
The Orange County Registrar of Voters has certified the November 8, 2022 election results and confirmed the re-election of Mike
Scheafer (Division 1), Bob Ooten (Division 3), and Arlene Schafer (Division 5), to serve a four-year term ending in December 2026.
The election results are as follows:
Division 1 Candidate Name Vote Count
Mike Scheafer 4,766
Michael Andrew Seiden 2,410
Division 3 Candidate Name Vote Count
Bob Ooten 2,936
John Mourani 1,395
Division 5 Candidate Name Vote Count
Arlene Schafer 4,084
Dean Howard 3,138
Legal Review
Not applicable.
Environmental Review
The results of the November 8, 2022 is not a disturbance of the environment similar to grading or construction and is not a project under
CEQA or the District's CEQA Guidelines.
Financial Review
The election costs were budgeted at $80,000.
Public Notice Process
Copies of this report are on file and will be included in the agenda packet for the December 13, 2022 Board of Directors meeting at
District Headquarters and made available on the District's website at www.cmsdca.gov.
Alternative Actions
Subject 1. Receive and file the 2022 Certified Election Results
Meeting Dec 13, 2022 - Board of Directors Study Session
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Type Receive and File
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That the Board direct staff to report back with more information.
File Attachments
Statement of Votes Certification Page 11.8.22.pdf (726 KB)
Election Certificate - Costa Mesa Sanitary District.pdf (79 KB)
Costa Mesa Sanitary District Division 5 - RESULTS.pdf (122 KB)
Costa Mesa Sanitary District Division 3 - RESULTS.pdf (117 KB)
Costa Mesa Sanitary District Division 1 - RESULTS.pdf (123 KB)
2022_11_08_mscheafer_certificate_of_election.pdf (798 KB)
2022_11_08_booten_certificate_of_election.pdf (812 KB)
2022_11_08_aschafer_certificate_of_election.pdf (789 KB)
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C. ITEMS OF STUDY
File Attachments
oath_of_office_public_officers_employees.pdf (67 KB)
Subject 2. Administration of the Oath of Office to Directors Schafer, Ooten, and Scheafer
Meeting Dec 13, 2022 - Board of Directors Study Session
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Type Procedural
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C. ITEMS OF STUDY
To: Board of Directors
Via: Scott Carroll, General Manager
From: David Griffin, Interim Code Enforcement Officer
Date: December 13, 2022
Subject: Receive and File November 2022 Code Enforcement Officer Report
Summary
This report summarizes major points for three ordinance enforcement topics covering scavenging, graffiti on trash carts, and trash
container enforcement. For the month of November, 2022, the CMSD Interim Code Enforcement Officer focused his efforts on patrols in
various parts of the community. The goal is to identify and deter instances of scavenging and residential trash carts left within the public
view.
Recommendation
That the Board of Directors receives and files this report.
Analysis
In the month of November, Interim Code Enforcement Officer (CEO) Griffin approached one individual after observing them scavenging
from CMSD trash carts. In the same month he issued 60 warning notices to residents storing their trash carts in public view. No cases of
graffiti on trash carts were observed.
Legal Review
Not applicable.
Environmental Review
Code enforcement activities and reporting are not a disturbance of the environment similar to grading or construction and do not
constitute a project under CEQA or the District’s CEQA Guidelines.
Financial Review
Officer Griffins' activities are funded in the adopted budget.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the December 13, 2022 Board of Directors
Study Session meeting at District Headquarters and posted on the District’s website.
Alternative Actions
1. Direct staff to report back with more information.
File Attachments
CEO Report November 2022.pdf (253 KB)
Subject 3. Receive and File November 2022 Code Enforcement Officer Report
Meeting Dec 13, 2022 - Board of Directors Study Session
Access Public
Type Discussion
Goals 2.0 Solid Waste
2.9 Solid Waste - Enhance Code Enforcement presence
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C. ITEMS OF STUDY
To: Board of Directors
Via: Scott Carroll, General Manager
From: Nabila Guzman, Management Analyst I
Date: December 13, 2022
Subject: Receive and File Waste Composition Studies #4 from Michael Balliet Consulting
Summary
On November 15, 2022, Michael Balliet Consulting (MBC) performed two waste composition studies to determine the amount of organic
waste contamination in mixed-waste collection routes. This report, along with the attachments, describes MBC findings. Two studies were
performed because District staff had requested the review of three loads and CR&R staff only had one load prepared. MBC had to wait
until later in the day to sort through the remaining loads resulting in part two of study #4.
Recommendation
That the Board of Directors provide comments regarding the results of the Solid Waste Characterization Studies conducted on November
15, 2022.
Analysis
The focus area for the first study included a mixed waste route collecting in East 19th and East 15th Streets to the North and South, and
Orange Avenue and Irvine Ave to the West and East. The material was transported to CR&R's transfer station in Stanton and dumped
onto a clean sorting area in order for the material to be sorted. A total of 216.20 pounds of mixed waste was sorted into six material type
categories, the categories and their respective weights are included below:
CATEGORY TOTAL POUNDS PERCENTAGE
Green Waste 9.10 4.21%
Food Waste 12.90 5.97%
Paper and Cardboard 37.50 17.35%
Recyclable Containers 25.10 11.61%
Other Recyclables 10.00 4.63%
Trash 121.60 56.24%
The second study was focused on a route collecting in W. 19th and W 15th Streets to the North and South, and Whittier Avenue and
Tustin Ave to the West and East. A total of 217.20 pounds of mixed waste was sorted into six material type categories, the categories and
their respective weights are included below:
CATEGORY TOTAL POUNDS PERCENTAGE
Green Waste 2.70 1.24%
Food Waste 28.60 13.17%
Subject 4. Receive and File Waste Composition Studies #4 from Michael Balliet Consulting
Meeting Dec 13, 2022 - Board of Directors Study Session
Access Public
Type Action, Discussion
Recommended Action That the Board of Directors provide comments regarding the results of the Solid Waste
Characterization Studies conducted on November 15, 2022.
Goals 2.8 Solid Waste - Recycle green waste and food scraps
2.6 Solid Waste - Improve waste stream and recycling reporting
2.1 Solid Waste - Focus on generating less contaminated materials
2.0 Solid Waste
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Paper and Cardboard 29.90 13.77%
Recyclable Containers 32.40 14.92%
Other Recyclables 3.30 1.52%
Trash 120.30 55.39%
Under SB 1383, Green Waste and Food Waste are considered "prohibited container contaminants" and it is what CMSD and CR&R will
be looking for starting in July 2023. The presence of these contaminants could result in fines to residents if the behavior is not corrected
after receiving notice from CMSD/CR&R. These waste characterization studies will result in education and outreach from CMSD staff to
help minimize contamination before SB 1383 notices and fines are officially issued in 2023. Based upon the November 15, 2022
sampling, in the first study, 10.18% of the load was prohibited materials, and 14.41% in the second. The contaminant level from the
previous three studies were as follows:
24.26% Santa Ana Heights neighborhood (Completed on 12/8/2021)
14.31% Killybrook neighborhood (Completed on 5/19/2022)
19.88% Wilson and Santa Isabel St neighborhood (Completed on 7/13/2022)
The acceptable contaminant level under SB 1383 is 10%. Residents along the route in part two of the study will be receiving education
material from CMSD in the coming weeks.
Legal Review
Not applicable
Environmental Review
Subject activity is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section
21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures “to list those specific activities which
fall within each of the exempt classes”, and the District has adopted “CEQA Guidelines and Implementing Procedures” that state on page
6 “”Projects” does not include …. C. Continuing administrative or maintenance activities.”
Financial Review
The cost for MBC to perform each waste composition study was $3,500. This cost was budgeted in the FY 2022-23 Budget.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the December 13, 2022 Board of Directors
Study Session meeting held at 290 Paularino Avenue, Costa Mesa and posted on the District’s website.
Alternative Actions
1. Direct staff to report back with more information.
File Attachments
11-15-22 Waste Composition Study.pdf (1,902 KB)
11-12-22 Waste Composition #2.pdf (1,838 KB)
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C. ITEMS OF STUDY
To: Board of Directors
Via: Scott Carroll, General Manager
From: Nabila Guzman, Management Analyst I
Subject: Third Review of Draft Agreement Amendment with CR&R Incorporated
Summary
Since February 2022, District staff and solid waste consultant, Michael Balliet Consulting (MBC) have been in negotiations with CR&R
Incorporated (CR&R) for a new SB 1383 compliant solid waste agreement. On October 13, 2022, the Board reviewed and discussed the
agreed upon negotiated bullet points of the proposed amendment. On October 24, 2022 and November 28, 2022, the Board reviewed
and discussed the draft amendment.
Today, staff is presenting the third draft amendment that includes additional revisions to the proposed amendment made by staff and sent
to CR&R for final review.
Recommendation
That the Board of Directors review the second draft amendment and provide staff with feedback.
Analysis
After the Board reviewed and commented on the second draft amendment, staff made final revisions. The revisions and comments were
sent to CR&R and District legal counsel for review. The revisions in the draft amendment are shown in red in the attachment and listed
below:
1. CPI Requests. Sections 3.4 and 3.4.1 were updated with suggested language from our District Treasurer.
2. Article 5. Language was added to clarify that requesting a second trash, second organics or third organics cart will result in an
additional cart fee. When a three-cart system is implemented our basic level of service will be one trash, one recycling, and up to two
organic carts. Anything above this level of service results in an additional cart fee.
3. Liquidated damages. We have requested to clarify with CR&R the benchmark of homes to be missed on a monthly basis before a fee
is applied. Added liquidated damage C3, which required a 90-second hold time for customer service calls.
4. Added Exhibits A and B. Exhibit A states the per tonnage fees CMSD will pay when the roll-out of the three-cart system is complete.
Exhibit B is a list of auxiliary services and their costs that need to be completed by CR&R.
Legal Review
This version of the draft amendment has been sent to District Counsel for final review.
Environmental Review
Reviewing and providing feedback on the proposed amended contract with CR&R Incorporated is an administrative matter and is exempt
from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section
15300.4 of CEQA allows an agency while establishing its own procedures “to list those specific activities which fall within each of the
exempt classes”, and the District has adopted “CEQA Guidelines and Implementing Procedures” that state on page 6 ”Projects” does not
include …. C. Continuing administrative or maintenance activities.”
Financial Review
There are no financial impacts to the District for creating this report. However, there may be financial impacts to the District when the 3-
cart system is rolled out.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the December 13, 2022 Board of Directors study
session meeting at District Headquarters and posted on the District’s website at www.cmsdca.gov.
Alternative Actions
Subject 5. Third Review of Draft Agreement Amendment with CR&R Incorporated
Meeting Dec 13, 2022 - Board of Directors Study Session
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1. Direct staff to report back with more information.
File Attachments
Third Draft Amendment to CR&R Agreement.docx (77 KB)
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C. ITEMS OF STUDY
To: Board of Directors
From: Alan Burns, District Counsel
Date: December 13, 2022
Subject: Consider Adopting Resolution No. 2022-976 Authorizing Remote Meetings
Summary
The Governor has now signed AB 361 which continues the authority to have remote meetings, provided certain findings are made. The
Board will need to determine if it desires to continue with remote meetings, or at least have the option of remote meetings, and if so,
adopt a resolution making findings.
Recommendation
That the Board of Directors adopt Resolution No. 2022-976 authorizing remote meetings.
Analysis
The Brown Act authorized teleconferenced meetings provided all locations involved in the call were accessible to the public and a public
agenda was posted outside the location. With the COVID 19 pandemic, the Governor issued an Executive Order (N-25-20) on March 4,
2020, which authorized remote meetings provided the meetings are accessible to the public, that agendas are prepared in advance, and
the public has a right to comment on meeting items.
N-25-20 was set to expire on September 30, 2021. The Legislature just passed AB 361 which revises the Brown Act to allow remote
meetings to continue, subject to the making of certain findings. The passage of this law created confusion since it was
effective immediately, but public agencies were relying on the older Executive Order to be able to conduct their meetings through
September 30, 2021. The Governor just issued Executive Order (N-15-21) which will authorize public agencies to rely on the prior
Executive Order until Sep 30, 2021, at which time it expires.
AB 361 is now in effect as an urgency statute. It authorizes a public agency to use remote conferencing provided a State of Emergency
exists and the local agency has imposed or recommended social distancing. Findings must be made, as discussed below. We are
required to notice the meeting and post agendas, allow the public to address the body in a meaningful manner, and by call-in or internet-
based service option. In the event of a disruption of the teleconferencing, the meeting must stop. Public comments are not allowed to be
required in advance of the meeting.
If a state of emergency exists and social distancing is recommended, the Board must adopt a resolution at its first meeting, and every 30
days thereafter, making at least one of the following findings: that the state of emergency continues to exist, that the state of emergency
continues to directly impact the ability of persons to meet safely in person, or that state or local officials continue to impose or recommend
social distancing.
The Governor has announced that the COVID state of emergency declaration will end on February 28, 2023. At that point, we will no
longer be able to hold emergency teleconference meetings pursuant to AB 361. AB 2449 will then provide some authority to attend
remotely under specified conditions. AB 2449 will remain in effect through 2025. After that, the traditional teleconferencing rules will
remain in effect.
Legal Review
District Counsel has prepared this staff report and Resolution No. 2022-976.
Environmental Review
Subject 6. Consider Adopting Resolution No. 2022-976 Authorizing Remote Meetings
Meeting Dec 13, 2022 - Board of Directors Study Session
Access Public
Type Action
Recommended Action That the Board of Directors adopt Resolution No. 2022-976 authorizing remote meetings.
Goals 6.0 Administrative Management
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Subject activity is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section
21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures “to list those specific activities
which fall within each of the exempt classes”, and the District has adopted “CEQA Guidelines and Implementing Procedures” that state
on page 6 “”Projects” does not include .... C. Continuing administrative or maintenance activities."
Financial Review
There are no financial impacts to the District for adopting Resolution No. 2022-976.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the December 13, 2022 Study Session at District
Headquarters and on District website at www.cmsdca.gov.
Alternative Actions
1. Do not adopt Resolution No. 2022-976 and conduct meetings under standard Brown Act provisions (i.e., meeting in-person or
teleconferencing and adhering to the requirements of subdivision (b) of California Government Code section 54953, because all
Executive Orders related to the Brown Act are expired after that date),
2. Do not adopt Resolution No. 2022-976 and direct staff to report back with more information.
File Attachments
reso_2022-976_remote_meetings.pdf (39 KB)
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D. CLOSING ITEMS
Subject 1. Oral Communications and Director Comments
Meeting Dec 13, 2022 - Board of Directors Study Session
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Type
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D. CLOSING ITEMS
The next Study Session of the Costa Mesa Sanitary District Board of Directors will be held at 8:00 a.m. on Tuesday, January 10, 2023 in
the District's Boardroom, located at 290 Paularino Avenue, Costa Mesa, CA 92626.
Subject 2. Adjournment
Meeting Dec 13, 2022 - Board of Directors Study Session
Access Public
Type Procedural