Minutes - Board - 2023-11-27COSTA MESA SANITARY DISTRICT
MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
NOVEMBER 27, 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), Mark Esquer (District Engineer), Alan Burns (District
Counsel), Marc Davis (District Treasurer), Kaitlin Tran (Finance Manager), Dyana
Bojarski (Administrative Services Manager), Angela Colunga (Administrative
Assistant I)
Others present
None
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.
Procedural: 3. Invocation - Vice Secretary Ooten
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MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD NOVEMBER 27, 2023
Vice Secretary Ooten led the Invocation.
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.
President Scheafer introduced a non -agenda item. He stated that Vice
President Schafer has requested to participate remotely in tonight's meeting
due to a physical injury.
Motion: To take immediate action on a non -agenda item.
Motion by Art Perry, second by Brett Eckles.
Final Resolution: Motion Carries 4-1-0
Aye: Art Perry, Bob Ooten, Brett Eckles, Mike Scheafer
Not Present: Arlene Schafer
No: None
Motion: To allow Vice President Schafer to participate remotely in tonight's
meeting.
Motion by Art Perry, second by Bob Ooten.
Final Resolution: Motion Carries 4-1-0
Aye: Art Perry, Bob Ooten, Brett Eckles, Mike Scheafer
Not Present: Arlene Schafer
No: None
President Scheafer stated that the approved motion constitutes the
permission required by law under Government Code 54953. He instructed
District Clerk & Public Information Officer, Noelani Middenway, to allow
Vice President Schafer remote access to the meeting.
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.)
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MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD NOVEMBER 27, 2023
Ms. Middenway conducted roll call and noted that President Scheafer, Vice
President Schafer, Secretary Perry, Vice Secretary Ooten, and Director Eckles
were present.
Procedural: 6. Ceremonial Matters and Presentations.
None.
B. PUBLIC COMMENTS
Procedural: 1. Public Comments
President Scheafer opened public comments. Hearing none, he 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 October 10, 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 October 23, 2023
Recommendation: That the Board of Directors approve the meeting minutes as
presented.
Action (Consent): 4. Adopt Warrant Resolution No. CMSD 2024-05 Approving
District Warrant Registers
Recommendation: That the Board of Directors adopt Warrant Resolution No. CMSD
2024-05 approving District warrants for the month of October in the amount of
$1,0551024.47.
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Action (Consent): 5. Approve Payroll Transparency Disclosure for October 2023
Recommendation: That the Board of Directors approve and file the report.
Action (Consent): 6. 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): 7. Approve the preparation of a warrant to CR Transfer for
$234,817.28 in the November 2023 warrant register for August 2023 recycling
and disposal services
Recommendation: That the Board of Directors approve the preparation of a
warrant to CR Transfer in the amount of $234,817.28 in the November 2023
warrant register for August 2023 recycling and disposal services.
Action (Consent): 8. Approve the preparation of a warrant to CR Transfer for
$209,784.45 in the November 2023 warrant register for September 2023
recycling and disposal services
Recommendation: That the Board of Directors approve the preparation of a
warrant to CR Transfer in the amount of $209,784.45 in the November 2023
warrant register for September 2023 recycling and disposal services.
Action (Consent): 9. Receive and File the August 2023 - October 2023 Organics
Tonnage Report
Recommendation: That the Board of Directors receive and file this report.
Action (Consent): 10. Receive and File the August 2023 - October 2023 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 for
$203,376.69 in the November 2023 warrant register for October 2023 recycling
and disposal services
Recommendation: That the Board of Directors approve the preparation of a
warrant to CR Transfer in the amount of $203,376.69 in the November 2023
warrant register for October 2023 recycling and disposal services.
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Action (Consent): 12. Approve the occupancy count as presented as 23,102 and
direct staff to prepare a warrant to CR&R Environmental Services for
$258,428.21 for October 2023 Solid Waste Collection Services
Recommendation: That the Board of Directors:
1. Approve the occupancy count of 23,102; and
2. Direct staff to prepare a warrant to CR&R Environmental Services for
$258,428.21 for October 2023 solid waste collection services to be ratified
with the November 2023 warrant register.
Action (Consent): 13. Approve the Investment Report for the Month of October
2023
Recommendation: That the Board of Directors approve the Investment Report for
the month of October 2023.
Action (Consent): 14. Receive and File October 2023 Contracts Signed by the
General Manager
Recommendation: That the Board of Directors receive and file this report.
Motion: To approve the Consent Calendar as presented.
Motion by Bob Ooten, 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 discussion.
D. PUBLIC HEARINGS
None at this time.
E. GENERAL MANAGER REPORTS
Action: 1. Consider Creating an Ad Hoc Committee to Discuss SB 1383
Enforcement Program
Recommendation: That the Board of Directors:
1. Create an ad hoc committee to discuss SB 1383 Enforcement Program
2. Appoint two board members to serve on the committee
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MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD NOVEMBER 27, 2023
General Manager, Scott Carroll, presented report details.
President Scheafer stated that the District currently has a Solid Waste Ad Hoc
Committee. He suggested the Solid Waste Ad Hoc Committee discusses the
Senate Bill (SB) 1383 Enforcement Program.
Secretary Perry expressed interest in participating on the committee.
Discussion followed regarding the purpose of the committee.
Director Eckles confirmed that the committee also consists of two Citizens
Advisory Committee (CAC) members.
Motion: To allow the existing Solid Waste Ad Hoc Committee to discuss the
SB 1383 Enforcement Program and appoint President Scheafer and Vice
Secretary Ooten to serve on the committee
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
There was no further discussion.
F. ENGINEER'S REPORTS
Action, Receive and File: 1. Receive and File the District Engineer's Report and
Capital Improvement Projects Status
Recommendation: That the Board of Directors receive and file the Engineer's
Report.
District Engineer, Mark Esquer, provided an update on current projects.
Discussion followed regarding the financial status of Project #330 Westbluff
Pump Station Rehabilitation.
Mr. Esquer provided details regarding Project American Sewer Grade 5 Dig
Replace.
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MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
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Discussion followed regarding the City of Costa Mesa's involvement in the
project and the bidding process.
There was no further discussion, and the report was received.
Action: 2. Approve New Project #351 Adams Ave #138303 Sewer Grade 5 Repair
Recommendation: That the Board of Directors approve:
1. New CIP Project #351 Adams Ave #138303 Sewer Grade 5 Repair; and
2. Transfer $187,000 from 23-24 FY Capital Outlay Budget #334 to Capital
Outlay #351 for a no -cost change to the FY CIP Budget
Mr. Esquer presented report details. He shared that Project #351 Adams Ave
#138303 Sewer Grade 5 Repair has been reprioritized due to the City's
repaving project and recent sewer issues.
Discussion followed regarding the project's construction hours and street
paving issues.
Director Eckles inquired about Project #334 Gisler Forcemain Replacement.
Mr. Esquer stated that Project #334 has been delayed. He noted that Project
#351 is of higher priority than Project #334.
Vice President Schafer asked how weather changes could affect the timeline
of Project #351.
Mr. Esquer stated that the project will take about five to seven working days
and that inclement weather could delay its progress by one to two days at
most.
Discussion followed regarding the District's most recent closed-circuit
televising (CCTV) of the sewer pipe.
Motion: To approve the new CIP Project #351 Adams Ave #138303 Sewer
Grade 5 Repair
Motion by Brett Eckles, second by Art Perry.
Final Resolution: Motion Carries 5-0
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MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD NOVEMBER 27, 2023
Aye: Arlene Schafer, Art Perry, Bob Ooten, Brett Eckles, Mike Scheafer
No: None
Motion: To approve the transfer of $187,000 from 23-24 FY Capital Outlay
Budget #334 to Capital Outlay #351 for a no -cost change order to the FY CIP
Budget
Motion by Bob Ooten, 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.
G. TREASURER'S REPORTS
None.
H. ATTORNEY'S REPORTS
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 stated that OCSD's Board meeting takes place this
Wednesday. He shared that he attended OCSD's Operations Committee
meeting earlier this month.
2. Santa Ana River Flood Protection Agency (SARFPA) - (Director Perry)
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MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
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Secretary Perry stated that he did not attend the SARFPA meeting.
3. Independent Special Districts of Orange County (ISDOC) - (Secretary Schafer)
Vice President Schafer stated that she did not attend the ISDOC meeting.
President Scheafer stated he attended the recent ISDOC meeting and shared
that two ISDOC members are trying to remove ISDOC from the Orange
County Council of Governments (OCCOG). He shared that he has arranged
for the director of OCCOG to provide a report to ISDOC next week.
4. California Special Districts Association (CSDA) - (Secretary Schafer)
Vice President Schafer stated that CSDA will be increasing its membership
dues. She shared that she attended a CSDA Finance Committee and Alliance
Committee meeting.
S. 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. SS,
Operations Code Section 3.01.030
Vice President Schafer shared that she attended a Water Advisory
Committee of Orange County (WACO) meeting.
President Scheafer shared that he is ISDOC's alternate for the Orange County
and Operational Area Emergency Operations Center. He stated that he has
been receiving daily updates on the Hanger Fire in Tustin, CA.
Vice Secretary Ooten shared that the Orange County Water District has
appointed Bill Kennedy as their new general manager.
There was no further discussion.
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MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD NOVEMBER 27, 2023
T. 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 shared a recent email from a resident expressing
concerns regarding the status of the Orange Coast College (OCC) Recycling
Center.
Mr. Carroll stated that he has not received any new updates.
Vice Secretary Ooten stated that it is temporarily closed due to staffing
issues. He stated that the closure will impact the District's budget because it
will increase recycling tonnages.
President Scheafer expressed appreciation for the District's holiday disposal
site for fats, oil, and grease (FOG).
Mr. Carroll shared details regarding the District's temporary FOG disposal
site.
Vice Secretary Ooten suggested reviewing the District's emergency response
plans for its pump stations.
Mr. Esquer provided more information regarding the District's emergency
response plans for the Elden and Harbor Pump Stations. He shared that he
is planning on building a model of the District's sewer system to test various
scenarios.
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MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
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Vice President Schafer inquired about the District's involvement with the
Fairview Development Center project.
Discussion followed regarding the Fairview Development Center.
Mr. Carroll recommended that the Board table its discussion on the Fairview
Development Center since it is a non -agenda item. He noted that District staff
can bring this topic to a Study Session meeting for further discussion.
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, December 181,2023.
President Scheafer adjourned the meeting at 5:32 p.m.
m
Art Perry Mike Scheaf r
Secretary President