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Minutes - Board - 2022-02-08COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS STUDY SESSION FEBRUARY 8, 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), Alan Burns (District Counsel), Noelani Middenway (District Clerk and Public Information Officer), Dyana Bojarski (Administrative Services Manager), Mark Esquer (District Engineer), Gina Terraneo (Management Analyst II), Nabila Guzman (Management Analyst I), David Griffin (Facilities Maintenance Worker & Interim Code Enforcement Officer), Lieu Tran (Accountant) Others present David Martinez, District resident Deborah Diep, Center for Demographic Research at Cal State Fullerton Jim Mosher, District resident Mike Carey, CR&R 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.) COSTA MESA SANITARY DISTRICT PAGE 2 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD FEBRUARY 8, 2022 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 at this time. B. PUBLIC COMMENTS Procedural: 1. Public Comments President Ooten opened public comments. Hearing none, he closed public comments. C. ITEMS OF STUDY Action: 1. Consider Voting Division Adjustments After Decennial Census Recommendation: That the Board of Directors adopts Plan 1 to make the simple adjustment to our existing divisions to make those within the range of acceptability under the voting law. President Ooten introduced the item. District Counsel, Alan Burns, provided report details. He stated that the proposed adjustments are necessary under the voting law, which requires adjustments after the federal Decennial Census. He introduced Deborah Diep, who is the Director of the Center for Demographic Research at the California State University, Fullerton. He noted that Ms. Diep assisted the District with their voting divisions in 2018. He added that the District is not required to engage in an extensive public hearing process for this item. He stated that the District is required to adopt their voting division adjustments by April 17, 2022. Ms. Diep provided an overview of the definition and acronyms associated with redistricting. She discussed the two key sources of data used in redistricting efforts: the decennial census Public Law 94-171 and the Citizen Voting Age Population (CVAP). She outlined the redistricting process for the District. She stated that the District's total 2020 census population is 118,287 and that the target division population is 23,657. She noted that since 2010 the District's population has grown by 1.8%. She provided an COSTA MESA SANITARY DISTRICT PAGE 3 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD FEBRUARY 8, 2022 overview of the differences in population for each division between 2010 and now. She stated that the percent spread between the largest and smallest divisions must be under 10%. She noted that Divisions 1, 2, and 5 are above the target population and Divisions 3 and 4 are below the target population. She discussed the redistricting criteria and described population shares of race and ethnicities within the District's service area. She presented Plan 1 for new District divisions, which includes a population spread of 9.77%. She discussed the timeline for adopting and implementing a revised plan. She noted that the new boundaries would take effect during the November 2022 election for Divisions 1, 3, and 5. Director Eckles inquired about the adjustments presented in Plan 1. Ms. Diep stated that the proposed plan consists of an adjustment of three blocks between the voting divisions. She stated that the current cutoff is at 22nd Street and that the new boundary would be set at Virginia Place for District 2. She noted that the southern section of Virginia Place would be in Division S. Vice President Scheafer asked if the data in the report is based on people who completed the 2020 census and about the impact from people who did not complete it. Ms. Diep confirmed that Plan 1 is based on people who participated in the 2020 census. She stated that the U.S. Census Bureau goes through extensive efforts to get people to fill out the census forms, such as residential visits, contacting property managers, and talking to neighbors. She added that if the U.S. Census Bureau cannot retrieve exact data, then they will try to obtain as much data as possible. She noted that not every person gets counted. Vice President Scheafer expressed recognition for Ms. Diep's presentation. President Ooten inquired about the plans usage of the terms "Hispanic" and "non -Hispanic." Ms. Diep discussed the U.S. Census Bureau's definitions and categories for race and ethnicity. She noted that they considered Hispanic and Latino as ethnicities. COSTA MESA SANITARY DISTRICT PAGE 4 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD FEBRUARY 8, 2022 Vice President Scheafer asked if the District has a special Board meeting scheduled for February. Discussion followed regarding a special Board meeting to adopt new voting divisions. The Board discussed scheduling a special Board meeting for February 23, 2022 at 4:30 p.m. Mr. Burns shared that the District received a written public comment from District resident, David Martinez, about his proposed plan for redistricting. He stated that, in 2018, the District went through an extensive outreach process to draft and adopt its current voting divisions. President Ooten stated that the District chose its current plan from about five different plans submitted by individuals and the Citizens Advisory Committee (CAC). District resident, Jim Mosher, commented that the bulk of the presentation discussed the racial and ethnic composition of the District's service area. He stated that race and ethnicity are not listed as required criteria for the redistricting process and inquired about how they relate to determining voting divisions. He also commented that Elections Code Section 22001 requires the Board to hold a public hearing for the proposed plan. He inquired about the District's decision to schedule a special Board meeting for February when the deadline to adopt the adjustments is in April. Mr. Burns stated that he will research the election code referenced by Mr. Mosher. He asked Ms. Diep to respond on how she proposes adjusting the boundaries. Ms. Diep stated that the redistricting file data consists of race and ethnicity data. She added that protected classes exist on the state and federal level for voting rights. She noted that not only does the District have to comply with California state law and elections code, but also the federal Voting Rights Act. She stated that race and ethnicity can be considered communities of interest, and that governments are encouraged to build divisions around such concentrations. However, she noted that the Voting COSTA MESA SANITARY DISTRICT PAGE S MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD FEBRUARY 8, 2022 Rights Act prohibits governments from using race as the predominant criteria for redistricting. She added that there were seven plans submitted in 2018 and that communities of interest are defined by the community. Mr. Martinez commented that the current map does not follow the presented guidelines. He stated that communities of interest, such as the Mesa Verde and College Park neighborhoods, are divided into different divisions. He noted that the division borders do not align with the neighborhoods within Costa Mesa. He added that the 2018 map is based on 2010 data. He suggested keeping communities of interest intact. Mr. Burns stated that the criterion for redistricting is not based on the division of major streets. He noted that, when the 2018 map was developed, the District received threat of potential litigation from a group that was being underrepresented. There was no further discussion, and the report was received. Action, Receive and File: 2. Receive and File January 2022 Code Enforcement Officer Report Recommendation: That the Board of Directors receive and file this report. Interim Code Enforcement Officer, David Griffin, presented report details. He reported that the District received several complaints regarding scavenging activity in January 2022. He noted that most of the scavenging activity takes place in the morning. Director Eckles inquired about the scavenging instance at 2386 Elden Avenue. Mr. Griffin stated that he is only able to enforce the District's scavenging policy when he witnesses scavenging activity. He noted that there was no incident of scavenging at that location. Secretary Schafer asked if scavenging has increased due to CRWs increase in missed trash pickups within the College Park neighborhood. Mr. Griffin stated that the increase in scavenging could be a result of missed trash pickups. He discussed trash cart enforcement and reported 88 COSTA MESA SANITARY DISTRICT PAGE 6 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD FEBRUARY 8, 2022 trash carts in public view for January 2022. He stated that there were no cases of graffiti for January 2022. He reported that most of the scavenging instances took place on a Wednesday. There was no further discussion, and the report was received. Action: 3. Consider Approving Sole Sourcing Flygt Pump Purchase to Xylem Water Solutions, Inc. Recommendation: That the Board of Directors approve sole sourcing Flygt pump purchase to Xylem Water Solutions, Inc. in the amount of $24,429.62. President Ooten introduced the item. District Engineer, Mark Esquer, provided report details. He stated that the District is replacing the mechanical equipment at the Westbluff Pump Station. He noted that there is currently a 12- to 20-week lead time for Flygt pump replacements. He shared that the District has sole sourced pump purchases in the past. He noted that the District's goal is to standardize each pump station. He stated that it will cost $24,429.62 to sole source Flygt pumps to Xylem Water Solutions, Inc. Director Perry asked if the Westbluff Pump Station will be replaced with another Flygt pump. Mr. Esquer confirmed that it will be a direct replacement with another Flygt pump. Secretary Schafer asked if this item has been included in the budget. Mr. Esquer confirmed that the cost has been included in the budget. Discussion followed regarding the lead time for pumps. Mr. Esquer stated that the vendor estimated about 12 to 20 weeks to receive these pumps, which is a common lead time for pumps. He noted that other equipment is more readily available. Director Eckles asked if the project is significantly under budget. COSTA MESA SANITARY DISTRICT PAGE 7 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD FEBRUARY 8, 2022 Mr. Eckles stated that the project is properly budgeted. Director Eckles confirmed that only the pumps will be sole sourced. Discussion followed regarding project details and Flygt pumps. Mr. Esquer stated that the District is drafting a list of standardized processes. Director Perry asked if the District should buy additional Flygt pumps for inventory. Mr. Esquer advised against buying additional Flygt pumps. He noted that the purchase will come with spare pumps. Vice President Scheafer discussed the purchase invoice. Motion: To approve sole sourcing Flygt pump purchase to Xylem Water Solutions, Inc. in the amount of $24,429.62. 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 There was no further discussion. Action: 4. Consider Adopting Resolution No. 2022-953 Authorizing Staff to Submit an Application for all CalRecycle Grants for which the Costa Mesa Sanitary District is Eligible Recommendation: That the Board of Directors adopt Resolution No. 2022-953 authorizing staff to submit an application for all CalRecycle grants for which the Costa Mesa Sanitary District is eligible. President Ooten introduced the item. Management Analyst I, Nabila Guzman, shared that CalRecycle has made funds available for costs associated with Senate Bill (SB) 1383. She stated that the deadline to apply was February 1, 2022. She added that a resolution is required to allow grant application submission. She noted that the staff report discusses how the District plans to utilize grant funds. COSTA MESA SANITARY DISTRICT PAGE 8 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD FEBRUARY 8, 2022 Director Perry asked if the District can distribute the grant funding to other uses. Ms. Guzman stated that the District would have to request permission for spending changes from CalRecycle. Secretary Schafer asked if the grant funds can be used to pay the District's waste hauler. Ms. Guzman stated that the grant funds cannot be used to pay waste haulers. Motion: To adopt Resolution No. 2022-953 authorizing staff to submit an application for all CalRecycle grants for which the Costa Mesa Sanitary District is eligible. Motion by Art Perry, second by Arlene Schafer Final Resolution: Motion Carries 5-0 Aye: Arlene Schafer, Art Perry, Bob Ooten, Brett Eckles, Mike Scheafer There was no further discussion. Action, Receive and File: 2. Receive and File the Costa Mesa Sanitary District 2021 Year in Review - Oral Report Recommendation: That the Board of Directors receive and file this report. President Ooten introduced the item. General Manager, Scott Carroll, presented the report. He stated that the document reflects the team effort of District staff and the Board. He added that the District achieved extraordinary results during challenging times. Vice President Scheafer noted that his name was misspelled in the document. He complimented the document for its details and pictures. Director Perry asked if the document will be distributed to the public. Mr. Carroll stated that the document will be available to the public on the District's website. COSTA MESA SANITARY DISTRICT PAGE 9 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD FEBRUARY 8, 2022 Discussion followed regarding mailing a copy of the document to elected officials. Director Eckles expressed recognition for District staff. He suggested sharing the document's highlights on the District's social media platforms. President Ooten thanked District staff and the Board for their team effort. There was no further discussion, and the report was received. Procedural: 1. Oral Communications and Director Comments Secretary Schafer commented that the California Special Districts Association (CSDA) is accepting nominations for staff awards. She shared that she would like to nominate Mr. Carroll for Manager of the Year and Vice President Scheafer as Board Member of the Year. Discussion followed regarding CSDA's nomination process. Mr. Burns recommended for the Board's nominations to be added to the agenda of a future meeting. President Ooten suggested adding this item to the agenda for the February Board meeting. Secretary Schafer reminded the Board to submit their 700 and 460 form. Director Eckles inquired about the District's shredding event. Mr. Carroll stated that the City of Costa Mesa has agreed to partner with the District for the shredding event. He shared that the District is requesting to host the event at Estancia High School. Discussion followed regarding the date and logistics of the shredding event and trash carts in bike lanes. There were no additional comments by the Board. COSTA MESA SANITARY DISTRICT PAGE 10 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD FEBRUARY 8, 2022 Procedural: 2. Adjournment President Ooten adjourned the meeting at 9:21 A.M. r, ' v Arlene Schafer Secretary D4, J ( Bob Ooten President