Minutes - Board - 2023-04-24COSTA MESA SANITARY DISTRICT
MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
APRIL 24, 2023
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), Gina Terraneo (Management Analyst II), Mark Esquer
(District Engineer), Kaitlin Tran (Finance Manager), Dyana Bojarski
(Administrative Services Manager), Bill Curley (District Counsel), Marc Davis
(District Treasurer)
Others present
Reina Cuthill, Trellis
Adam Ereth, District resident
Sue Lester, District resident
Michael Tou, Citizens Advisory Committee member
Shayanne Wright, District resident
Meeting called to order at 4:30 P.M.
A. OPENING ITEMS
Procedural: 1. Call to Order - President Scheafer
President Scheafer called the meeting to order at 4:30 P.M.
Procedural: 2. Pledge of Allegiance - President Scheafer
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MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
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President Scheafer led the Pledge of Allegiance.
Procedural: 3. Invocation — Vice President Schafer
Vice President Schafer 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 & Public Information Officer, Noelani Middenway, conducted
roll call and noted that President Scheafer, Vice President Schafer,
Secretary Perry, Vice Secretary Ooten, 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.
None.
Procedural: 6. Ceremonial Matters and Presentations.
None.
B. PUBLIC COMMENTS
Procedural: 1. Public Comments
President Scheafer opened public comments.
District resident, Sue Lester, commented on the District's participation in
the City of Costa Mesa's Earth Day event. She shared her application for the
Citizens Advisory Committee (CAC) with the board. She stated that the
current term limit for CAC members does not apply to her since her first
term was a partial term that lasted only one year instead of a full two-year
term. She requested that the Board considers her application by the May
Study Session.
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MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
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Hearing no additional comments, President Scheafer closed public
comments.
C. CONSENT CALENDAR
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 March 14, 2023
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 March 27, 2023
Recommendation: That the Board of Directors approve the meeting minutes as
presented.
Action (Consent): 4. Adopt Warrant Resolution No. CMSD 2023-10 Approving
District Warrant Registers
Recommendation: That the Board of Directors adopt Warrant Resolution No.
CMSD 2023-10 approving District warrants for the month of March in the amount
of $822,761.20.
Action (Consent): S. 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): 6. Approve Payroll Transparency Disclosure for March 2023
Recommendation: That the Board of Directors approve and file the report.
Action (Consent): 7. Receive and File March 2023 Contracts Signed by the
General Manager
Recommendation: That the Board of Directors receive and file this report.
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Action (Consent): 8. Accept the occupancy count as presented as 23,095 and
direct staff to prepare a warrant to CR&R Environmental Services for
$246,047.20 for March 2023 collection
Recommendation: That the Board of Directors accept the occupancy count as
presented using 23,095 as the correct number of active units and direct staff to
prepare a warrant to CR&R Environmental Services for March 2023 collection
based on this occupancy report so long as the contractor fulfills the obligations of
the agreement in the amount of $246,047.20 to be ratified in the April 2023
warrant list.
Action (Consent): 9. Receive and File the January, February, and March
Organics Tonnage Report
Recommendation: That the Board of Directors receive and file this report.
Action (Consent): 10. Receive and File the January — March Solid Waste
Diversion Report
Recommendation: That the Board of Directors receive and file this report.
Action (Consent): 11. Approve the preparation of a warrant to CR Transfer in
the amount of $171,999.41 for February 2023 and $198,586.66 for March 2023
recycling and disposal services in the April 2023 warrant register
Recommendation: That the Board of Directors approves the preparation of a
warrant to CR Transfer in the amount of $171,999.41 for February 2023 and
$198,586.66 for March 2023 recycling and disposal services to be ratified in the
April 2023 warrant register.
Motion: To approve the Consent Calendar as presented.
Motion by Art Perry, second by Brett Eckles.
Final Resolution: Motion Carries 5-0
Aye: Arlene Schafer, Art Perry, Bob Ooten, Brett Eckles, Mike Scheafer
No: None
D. PUBLIC HEARINGS
None at this time.
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E. GENERAL MANAGER REPORTS
Action: 1. Consider Amending Administrative Policy No. 60.00 — Citizens
Advisory Committee
Recommendation: That the Board of Directors consider approving proposed
amendment to Administrative Policy No. 60.00 pertaining to the Citizens Advisory
Committee
General Manager, Scott Carroll, presented report details.
President Scheafer stated that a few CAC members have not attended
District meetings and inquired about the policy regarding that issue.
Mr. Carroll stated that, in the past, District staff has notified CAC members
in writing about meeting absences. He added that, if they do not respond,
then the Board can consider dismissing those members from the CAC and
reopening the positions to other applicants.
President Scheafer stated that those actions may need to be considered for
two current CAC members.
Director Eckles confirmed the changes to the Administrative Policy No.
60.00.
President Scheafer stated the CAC members should be attending at least
one Board meeting per year.
Motion: To approve the proposed amendment to Administrative Policy No.
60.00 pertaining to the Citizens Advisory Committee.
Motion by Brett Eckles, second by Arlene Schafer.
Final Resolution: Motion Carries 5-0
Aye: Arlene Schafer, Art Perry, Bob Ooten, Brett Eckles, Mike Scheafer
No: None
There was no further discussion.
Action: 2. Consider Creating an Ad Hoc Committee to Discuss Term Limits for
Board of Directors
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Recommendation: That the Board of Directors:
1. Create an ad hoc committee to discuss creating a policy for term limits for
the Board of Directors; and
2. Appoint two board members to serve on the committee
Mr. Carroll introduced the item.
Director Eckles expressed interest in serving on the ad hoc committee to
discuss term limits for Board members.
Secretary Perry nominated Director Eckles and Vice Secretary Ooten to
serve on the ad hoc committee.
President Scheafer requested for the ad hoc committee, Board, and District
staff to discuss the parameters and scope of the committee before inviting
CAC members to join. He asked how the CAC will appoint two members to
the committee.
Mr. Carroll stated that the CAC will appoint two members at their May
meeting. He noted that the two appointed members will not join the
committee until the scope of the ad hoc committee is developed.
District Counsel, Bill Curley, confirmed that the Board and staff can meet to
establish the parameters of the committee. He noted that the ad hoc
committee would be considered a standing committee once the CAC
members join.
Vice Secretary Ooten requested District staff to provide materials from past
discussions regarding this topic.
Motion: To:
1. Create an ad hoc committee to discuss creating a policy for term limits
for the Board of Directors; and
2. Appoint Vice Secretary Ooten and Director Eckles to serve on the
committee.
Motion by Mike Scheafer, second by Art Perry.
Final Resolution: Motion Carries 5-0
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Aye: Arlene Schafer, Art Perry, Bob Ooten, Brett Eckles, Mike Scheafer
No: None
There was no further discussion.
Action: 3. Consider Approving Contribution Program Application for
Concerts in the Park in the amount of $2,500
Recommendation: That the Board of Directors:
1. Approve the Costa Mesa Foundation's contribution application requesting a
$2,500 sponsorship for the Concerts in the Park series of events; and
2. Make a finding that this contribution will increase District visibility and
promote the District's purposes of recycling, source separation, and
wastewater collection through educational information and activities
provided at the District's event booth.
Management Analyst II, Gina Terraneo, provided report details.
Secretary Perry confirmed the event details.
Vice Secretary Ooten suggested having a visual display of the District's
upcoming three -cart system at the event.
Director Eckles requested CR&R to provide each cart of the three -cart
system.
Motion: To:
1. Approve the Costa Mesa Foundation's contribution application
requesting a $2,500 sponsorship for the Concerts in the Park series of
events; and
2. Make a finding that this contribution will increase District visibility and
promote the District's purposes of recycling, source separation, and
wastewater collection through educational information and activities
provided at the District's event booth.
Motion by Brett Eckles, second by Bob Ooten.
Final Resolution: Motion Carries 5-0
Aye: Arlene Schafer, Art Perry, Bob Ooten, Brett Eckles, Mike Scheafer
No: None
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There was no further discussion.
Action: 4. Consider Approving $1,000 Contribution to Sponsor Love Costa
Mesa Day Event on May 20, 2023
Recommendation: That the Board of Directors:
1. Approve contributing $1,000 to sponsor the Love Costa Mesa Day event on
May 20, 2023; and
2. Make a finding that this contribution will increase District visibility and
promote the District's purpose of recycling/diverting organics away from
landfills
Mr. Carroll presented report details. He noted that the dump fees are a
sizeable expense for the Love Costa Mesa Day event and that the District's
contribution will help with that cost.
Trellis staff member and Love Costa Mesa Day event planner, Reina Cuthill,
introduced herself and provided event details.
Discussion followed regarding the types of projects involved in Love Costa
Mesa Day.
Motion: To:
1. Approve contributing $1,000 to sponsor the Love Costa Mesa Day event
on May 20, 2023; and
2. Make a finding that this contribution will increase District visibility and
promote the District's purpose of recycling/diverting organics away
from landfills.
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
No: None
There was no further discussion.
Action, Receive and File: S. Receive and File the Third Quarter Budget Review
of FY 2022-23
Recommendation: That the Board of Directors receive and file the Fiscal Year
2022-23 Third Quarter Budget Review.
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Finance Manager, Kaitlin Tran, provided report details. She noted that
there is an error in the written report regarding organics tonnage amounts.
She stated that the organics tonnage amount is one percent higher than last
year's level but lower than what was budgeted.
Discussion followed regarding budgetary savings, increases in organics
tonnage, and revenue amounts.
There was no further discussion, and the report was received.
Action, Receive and File: 6. Receive and File 2020-25 Strategic Plan Progress
Report - FY 2022-23 Third Quarter
Recommendation: That the Board of Directors receive and file this report.
Mr. Carroll presented the item.
President Scheafer inquired about the sewer issue on Paularino Avenue.
Mr. Carroll stated that District Engineer, Mark Esquer, will discuss that
under Engineer's Reports.
There was no discussion, and the report was received.
Action, Receive and File: 7. Receive and File 2023 Annual Performance
Measurement Report -151 Quarter (Jan -Mar)
Recommendation: That the Board of Directors receive and file this report.
Mr. Carroll presented the item. He shared that District staff implemented a
few changes to the quarterly report, which are detailed in the staff report.
There was no discussion, and the report was received.
F. ENGINEER'S REPORTS
Action, Receive and File: 1. Receive and File the District Engineer's and Capital
Improvement Status Report
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Recommendation: That the Board of Directors receive and file the Engineer's
Report.
Mr. Esquer presented report details.
Discussion followed regarding removing eucalyptus trees from the District
Headquarters property.
Mr. Esquer continued his presentation and discussed pending projects and
inflow from previous rain events.
Discussion followed regarding the City's repaving project on Royal Palm
Drive.
There was no further discussion, and the report was received.
Action: 2. Ratify the District Emergency Declaration for the CIP #335 Phase 2
Paularino Sewer Siphon Pipeline Failure and Approve an Asset Management
Fund Transfer to the CIP #335 Phase 2 Sewer Siphon Rehab Project
Recommendation: That the Board of Directors approve the following:
1. Ratify the District Emergency Declaration for the CIP #335 Phase 2
Paularino Sewer Siphon Rehab Failure;
2. Approve the transfer of $375,000 from the Asset Management Fund to the
Wastewater fund and appropriate $375,000 to the CIP #335, Sewer Siphon
Project budget.
3. Authorize District to:
a. Negotiate and approve a time -and -materials contract with GCI
Construction Inc. to provide emergency construction services,
including dewatering activities and related services;
b. Negotiate a CIP #335 Sewer Siphon Rehab Phase 2 change order with
Insituform Technologies LLC for the initial emergency activities and
pipeline damage assessment activities; and
c. Bring the GCI Construction Inc. contract and Insituform Technologies
LLC change order to the May 2023 Board of Directors meeting for
consideration and ratification.
Mr. Esquer provided a presentation about the emergency work.
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MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
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Discussion followed regarding the cost of the project's time -and -materials
(T & M) contract.
Mr. Esquer discussed the project's noise disturbance issues with
neighboring businesses.
Motion: To approve the following:
1. Ratify the District Emergency Declaration for the CIP #335 Phase 2 -
Paularino Sewer Siphon Failure;
2. Consider approving the transfer of $375,000 from the Asset
Management Fund to the Wastewater fund and appropriate $375,000 to
the CIP #335, Sewer Siphon Project budget.
3. Authorize District staff to:
a. Negotiate and approve a time -and -materials contract with GCI
Construction Inc. to provide emergency construction services,
including dewatering activities and related services;
b. Negotiate a P335 Sewer Siphon Rehab Phase 2 change order with
Insituform Technologies LLC. for the initial emergency activities
and pipeline damage assessment activities; and
c. Bring the GCI Construction Inc. contract and Insituform
Technologies LLC. change order to the May 2023 Board of
Directors meeting for ratification.
Motion by Art Perry, second by Arlene Schafer.
Final Resolution: Motion Carries 5-0
Aye: Arlene Schafer, Art Perry, Bob Coten, Brett Eckles, Mike Scheafer
No: None
There was no further discussion.
G. TREASURER'S REPORTS
Action: 1. Approve the Investment Report for the Month of March 2023
Recommendation: That the Board of Directors approve the Investment Report for
the month of March 2023.
District Treasurer, Marc Davis, presented report details.
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Motion: To approve the Investment Report for the month of March 2023.
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
No: None
There was no further discussion.
H. ATTORNEY'S 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)
Vice Secretary Ooten shared updates regarding the Groundwater
Replenishment System (GWRS).
2. Santa Ana River Flood Protection Agency (SARFPA) - (Director Perry)
Secretary Perry stated that there was no SARFPA meeting this month.
3. Independent Special Districts of Orange County (ISDOC) - (Secretary Schafer)
Vice President Schafer shared ISDOC updates.
4. California Special Districts Association (CSDA) - (Secretary Schafer)
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MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
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Vice President Schafer stated that the deadline for CSDA award
nominations is May 1, 2023. She shared that she is running for a position
representing CSDA's Southern Network. She stated that CSDA's Legislative
Days takes place May 16-17, 2023.
S. Special District Risk Management Authority (SDRMA) - (Director Scheafer)
President Scheafer stated that SDRMA's Board meeting takes place next
month.
6. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55,
Operations Code Section 3.01.030
President Scheafer and Vice Secretary Ooten shared that they attended a
Water Advisory Committee of Orange County (WACO) meeting.
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
President Scheafer thanked Ms. Middenway for helping College Park
Elementary with their Earth Day event.
Director Eckles recognized District staff and the Board for all their recent
accomplishments. He also recognized Costa Mesa United's Board President,
Gordon Bowley, who passed away last week.
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MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
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Vice President Schafer shared that she attended the City of Costa Mesa's
Earth Day event and expressed recognition for the District's efforts.
Vice Secretary Ooten stated that he will be requesting a Senate Bill 1383
update from OCSD.
There were no additional comments.
M. ADJOURN TO CLOSED SESSION
None at this time.
N. RECONVENE TO OPEN SESSION
None at this time.
O. CLOSING ITEMS
Procedural: 1. Adjourn — The next meeting of the Costa Mesa Sanitary District
Board of Directors will be held on Monday, May 22, 2023.
President Scheafer adjourned the meeting at 6:17 p.m.
Art Perry
Secretary
Mike Scheaf r
President