Minutes - Board - 2024-09-23COSTA MESA SANITARY DISTRICT
MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
SEPTEMBER 23, 2024
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), Kaitlin Tran (Finance Manager), Marissa Pereyda (Senior Management
Analyst), Mark Esquer (District Engineer), Dyana Bojarski (Administrative Services
Manager), Angela Colunga (Management Analyst I)
Others present
Michael Tou, Citizens Advisory Committee Vice Chair and District Director for
Assemblywoman Cottie Petrie -Norris
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
President Scheafer led the Pledge of Allegiance.
COSTA MESA SANITARY DISTRICT PAGE 2
MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD SEPTEMBER 23, 2024
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: 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.
Procedural: 6. Ceremonial Matters and Presentations — Proclamation from
Assemblywoman Cottie Petrie -Norris for CMSD's 80th Anniversary. Presented by
Michael Tou, District Director.
Citizens Advisory Committee Vice Chair and District Director for
Assemblywoman Cottie Petrie -Norris, Michael Tou, presented an 80th
anniversary proclamation to the District on behalf of Assemblywoman
Cottie Petrie -Norris.
The Board accepted the proclamation and took a photograph with Mr. Tou.
President Scheafer thanked Assemblywoman Petrie -Norris for the
recognition.
There was no further discussion.
B. PUBLIC COMMENTS
Procedural: 1. Public Comments
COSTA MESA SANITARY DISTRICT PAGE 3
MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD SEPTEMBER 23, 2024
President Scheafer opened public comments. Hearing none, he closed public
comments.
F. CONSENT CALENDAR
Action (Consent): 1. Approve Consent Calendar
Recommendation: That the Board of Directors approve the consent calendar as
presented.
Action (Consent): 2. Receive and File Annual Report of Expenses - Fiscal Year
2023-24
Recommendation: That the Board of Directors receive and file the Annual Report
of Expenses for the Fiscal Year 2023-24.
Action (Consent), Minutes: 3. Approve the Board of Directors Study Session
Minutes of August 13, 2024
Recommendation: That the Board of Directors approve the meeting minutes as
presented.
Action (Consent), Minutes: 4. Approve the Board of Directors Regular Meeting
Minutes of August 26, 2024
Recommendation: That the Board of Directors approve the meeting minutes as
presented.
Action (Consent): 5. 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 August 2024
Recommendation: That the Board of Directors approve and file the report.
Action (Consent): 7. Adopt Warrant Resolution No. CMSD 2025-03 Approving
District Warrant Registers
COSTA MESA SANITARY DISTRICT PAGE 4
MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD SEPTEMBER 23, 2024
Recommendation: That the Board of Directors adopt Warrant Resolution No. CMSD
2025-03 approving District warrants for the month of August in the amount of
$420,662.26.
Action (Consent): 8. Approve the Occupancy Count of 23,124 and Direct Staff to
Prepare a Warrant to CR&R Environmental Services for $266,691.40 in the
September 2024 Warrant Register for August 2024 Solid Waste Collection
Services
Recommendation: That the Board of Directors:
1. Approve the occupancy count of 23,124; and
2. Direct staff to prepare a warrant to CR&R Environmental Services for
$266,691.40 in the September 2024 warrant register for August 2024 solid
waste collection services.
Action (Consent): 9. Approve the Preparation of a Warrant to CR Transfer for
$218,606.18 in the September 2024 Warrant Register for August 2024 Recycling
and Disposal Services
Recommendation: That the Board of Directors approve the preparation of a
warrant to CR Transfer in the amount of $218,606.18 in the September 2024
warrant register for August 2024 recycling and disposal services.
Action (Consent): 10. Receive and File August 2024 Contracts Signed by the
General Manager
Recommendation: That the Board of Directors receive and file this report.
Action (Consent): 11. Investment Report for the Month of August 2024
Recommendation: That the Board of Directors approve the Investment Report for
the month of August 2024.
Action (Consent): 12. Receive and File August 2024 Organics Tonnage Report
Recommendation: That the Board of Directors receive and file the report.
Action (Consent): 13. Receive and File August 2024 Solid Waste Diversion
Report
Recommendation: That the Board of Directors receive and file the report.
Motion: To approve the Consent Calendar as presented.
COSTA MESA SANITARY DISTRICT PAGE 5
MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD SEPTEMBER 23, 2024
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
Abstain: None
Not Present: None
There was no discussion.
D. PUBLIC HEARINGS
None at this time.
E. GENERAL MANAGER REPORTS
Action: 1. Proposed School Education Programs from EcoHero and Discovery
Cube
Recommendation: That the Board of Directors provide comments and direction on
proposed school education programs from EcoHero and Discovery Cube.
Senior Management Analyst, Marissa Pereyda, provided report details.
Secretary Perry inquired about program implementation with the Newport -
Mesa Unified School District (NMUSD).
Ms. Pereyda added that these school programs are for students in
kindergarten through 51 grade.
Discussion followed regarding the cost of each school program.
President Scheafer expressed support for in -school presentations rather
than virtual presentations.
Ms. Pereyda provided more information on EcoHero's program structure.
President Scheafer suggested proceeding with Discovery Cube's school
education program.
COSTA MESA SANITARY DISTRICT PAGE 6
MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD SEPTEMBER 23, 2024
Vice President Schafer recommended discussing this item at the
City/Districts Liaison Committee Meeting in October.
Director Eckles also expressed support for Discovery Cube's school
education program. He inquired about the District's budget for this item.
Ms. Pereyda stated that the District has an approved budget of $30,000 under
the Senate Bill 1383 grant.
Vice Secretary Ooten recommended discussing this item with NMUSD
administration to determine if it is feasible for this school year.
Secretary Perry inquired about the length of the school presentations.
Ms. Pereyda stated that they take about 40 minutes.
The Board agreed to proceed with Discovery Cube's school education
program.
Ms. Pereyda added that Discovery Cube's program includes administrative
fees that are not covered by the grant.
President Scheafer suggested asking CR&R to pay for the program's
administrative fees.
There was no further discussion.
Action: 2. Consider Authorizing Continuation of Resolution No. 2024-997
Confirming an Emergency to Replace Critical Infrastructure of the South
Coast Plaza Pump Station
Recommendation:
1. That the Board of Directors approve authorizing continuation of Resolution
No. 2024-997
2. Appropriate $69,000 transfer from the unrestricted General Fund to support
the #355 SCP Urgent Capital Repair Project
COSTA MESA SANITARY DISTRICT PAGE 7
MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD SEPTEMBER 23, 2024
General Manager, Scott Carroll, presented the item. He noted that the South
Coast Plaza Pump Station is currently stable due to the emergency bypass
pump. He stated that, to continue to prevent sewer spills, staff supports
continuing the authorization of this project"s emergency status.
Motion: To approve authorizing continuation of Resolution No. 2024-997 and
to appropriate $69,000 transfer from the unrestricted General Fund to
support the #355 SCP Urgent Capital Repair Project.
Motion by Art Perry, second by Bob Ooten.
Final Resolution: Motion Carries 5-0
Aye: Arlene Schafer, Art Perry, Bob Ooten, Brett Eckles, Mike Scheafer
No: None
Abstain: None
Not Present: None
President Scheafer inquired about the status of the emergency work.
District Engineer, Mark Esquer, discussed the project's geo-technical work.
District Counsel, Alan Burns, confirmed that the Board is continuing the
findings that conditions still exist that will not allow for the bidding process.
Mr. Carroll stated that staff will evaluate this project's status monthly and
report back to the Board.
There was no further discussion.
F. ENGINEER'S REPORTS
Action, Receive and File: 1. Receive and File the District Engineer's Monthly
Report and Capital Improvement Projects Status
Recommendation: The Board of Directors receive and file the Capital Improvement
Projects Status Report.
Mr. Esquer presented report details.
There was no further discussion, and the report was received.
COSTA MESA SANITARY DISTRICT PAGE 8
MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD SEPTEMBER 23, 2024
Action: 2. Consider Approving Increased Robin B. Hamers & Associates
Inspection Billing Rate to provide for the increase in State Prevailing Wage
Recommendation: The Board of Directors approves:
1. A proposed 2024-25 RBH inspection billing rate increase of $5.13 per hour
for a total inspection billing rate of $121.63 per hour; and
2. Delegate authority to the general manager to approve future RBH inspection
rates, provided that they are in alignment with the increase in California
prevailing wage.
Mr. Esquer presented report details. He shared the proposed rate for
inspection services.
Director Eckles inquired about the hourly wage for inspection services.
Mr. Esquer stated that the actual prevailing wage for construction inspectors
is $95.29 per hour and can be found on page two of the staff report. He
discussed the prevailing wage figure compared to the actual pay rate for
inspection services through the District's engineering consultant, Robin B.
Hamers & Associates (RBH).
Director Eckles inquired about the differences between the prevailing wage
of $99.31 and proposed pay rate of $121.63.
Mr. Esquer stated that the proposed pay rate includes overhead costs.
Discussion followed regarding delegating authority to the General Manager
to approve future inspection rates.
Motion: To approve a proposed 2024-25 RBH inspection billing rate increase
of $5.13 per hour for a total inspection billing rate of $121.63 per hour
Motion by Bob Ooten, second by Art Perry.
President Scheafer confirmed that Vice Secretary Ooten's motion does not
include the staff report's second recommendation for the Board to delegate
authority to the General Manager to approve future inspection rates.
Final Resolution: Motion Carries 4-1
COSTA MESA SANITARY DISTRICT PAGE 9
MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD SEPTEMBER 23, 2024
Aye: Arlene Schafer, Art Perry, Bob Ooten, Mike Scheafer
No: Brett Eckles
Abstain: None
Not Present: None
There was no further discussion.
G. TREASURER'S REPORTS
None at this time.
H. ATTORNEYS REPORTS
Mr. Burns shared that Governor Newsom signed 32 bills into law regarding
affordable housing.
Discussion followed regarding the state's ban on plastic bags.
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 (OC San) - (President Ooten)
Vice Secretary Ooten stated that OC San meets this Wednesday, September
25th. He shared that OC San's Operations Committee discussed minor capital
improvement projects. He shared that he has been appointed to the National
Water Research Institute (NWRI).
2. Santa Ana River Flood Protection Agency (SARFPA) - (Director Perry)
COSTA MESA SANITARY DISTRICT PAGE 10
MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD SEPTEMBER 23, 2024
Secretary Perry stated that SARFPA meets this Thursday, September 26t`.
3. Independent Special Districts of Orange County (ISDOC) - (Secretary Schafer)
None.
4. California Special Districts Association (CSDA) - (Secretary Schafer)
The Board discussed the CSDA annual conference and golf tournament.
5. Special District Risk Management Authority (SDRMA) - (Director Scheafer)
President Scheafer stated that there is nothing to report for SDRMA.
6. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55,
Operations Code Section 3.01.030
Vice President Schafer shared that she attended a Water Advisory
Committee of Orange County (WACO) meeting. She shared that she
suggested re -formatting WACO meetings.
Secretary Perry shared that he also attended the WACO meeting and learned
that there are about three per- and polyfluoroalkyl substances (PFAS)
operations in Santa Ana.
Discussion followed regarding PFAS treatment in Orange County.
There was no further discussion.
1. OLD BUSINESS
None at this time.
K. NEW BUSINESS
None at this time.
COSTA MESA SANITARY DISTRICT PAGE 11
MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD SEPTEMBER 23, 2024
L. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS
Discussion: 1.Oral Communications and Director Comments
President Scheafer shared that there are three candidates running for
Director Eckle's Board seat. He encouraged the candidates to meet with the
District to gather more information. He noted that Mr. Carroll has offered to
provide the candidates with a District orientation.
There was no further discussion.
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, October 28, 2024.
President Scheafer adjourned the meeting at 5:25 p.m.
Art Perry A&e Sche er
Secretary - President 0