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2019_11_12_studyTuesday, November 12, 2019 Board of Directors Study Session 290 Paularino Avenue, Costa Mesa at 9:30AM Public Comments: Any member of the public may address the Board. Speakers on agenda items should identify themselves to the District Clerk before the meeting so that their input can be provided at the time the item is considered. Speakers on non-agenda items will be heard under Public Comments. Pursuant to State law, the Board may not discuss or take action on non-agenda items except under special circumstances. Speakers must limit their remarks to four minutes or as decided upon by the Presiding Officer. The Presiding Officer reserves the right to declare any speaker out of order. 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 at the District offices at 290 Paularino Avenue, Costa Mesa, California. In Compliance with ADA: Contact Acting District Clerk, Gina Terraneo, 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 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. September 2019 Code Enforcement Officer Report 2. October 2019 Code Enforcement Officer report 3. September and October 2019 Solid Waste Diversion Report 4. September and October 2019 Organics Tonnage Report 5. Quarterly Legislative Update - Calendar Year Quarter 4 6. Inflow & Infiltration (I/I): Mendoza Pump Station Smoke Test FINDINGS D. CLOSING ITEMS 1. Oral Communications and Director Comments 2. Adjournment Tuesday, November 12, 2019 Board of Directors Study Session 290 Paularino Avenue, Costa Mesa at 9:30AM Public Comments: Any member of the public may address the Board. Speakers on agenda items should identify themselves to the District Clerk before the meeting so that their input can be provided at the time the item is considered. Speakers on non-agenda items will be heard under Public Comments. Pursuant to State law, the Board may not discuss or take action on non-agenda items except under special circumstances. Speakers must limit their remarks to four minutes or as decided upon by the Presiding Officer. The Presiding Officer reserves the right to declare any speaker out of order. 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 at the District offices at 290 Paularino Avenue, Costa Mesa, California. In Compliance with ADA: Contact Acting District Clerk, Gina Terraneo, 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 James Ferryman, President Robert Ooten, Vice President Arlene Schafer, Secretary Michael Scheafer, Director Arthur Perry, Director 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 Nov 12, 2019 - Board of Directors Study Session Access Public Type Procedural 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 Nov 12, 2019 - Board of Directors Study Session Access Public Type Procedural C. ITEMS OF STUDY To: Board of Directors From: Ed Roberts, Code Enforcement Officer Date: November 12, 2019 Subject: September 2019 Code Enforcement Officer Report Summary Attached is the monthly report from Officer Roberts describing his enforcement activities for the month of September regarding scavenging of recyclable materials, trash carts stored in public view and graffiti on trash carts. Recommendation That the Board of Directors receives and file this report. Analysis In the month of September, Officer Roberts approached five (05) individuals observed scavenging from CMSD trash carts. In the same month he issued 130 warning notices to residents storing their trash carts in public view. Officer Roberts found no graffiti on trash carts in the month of September. Officer Roberts enforcement activities are described in more detail in the attached report. 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 Roberts' 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 November 12, 2019 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 September 2019 CEO report.pdf (973 KB) Subject 1. September 2019 Code Enforcement Officer Report Meeting Nov 12, 2019 - Board of Directors Study Session Access Public Type C. ITEMS OF STUDY To: Board of Directors From: Ed Roberts, Code Enforcement Officer Date: November 12, 2019 Subject: October 2019 Code Enforcement Officer Report Summary Attached is the monthly report from Officer Roberts describing his enforcement activities for the month of October regarding scavenging of recyclable materials, trash carts stored in public view and graffiti on trash carts. Recommendation That the Board of Directors receives and file this report. Analysis In the month of October, Officer Roberts approached six (06) individuals observed scavenging from CMSD trash carts. In the same month he issued 112 warning notices to residents storing their trash carts in public view. Officer Roberts found no graffiti on trash carts in the month of October. Officer Roberts enforcement activities are described in more detail in the attached report. 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 Roberts' 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 November 12, 2019 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 October 2019 CEO report.pdf (1,326 KB) Subject 2. October 2019 Code Enforcement Officer report Meeting Nov 12, 2019 - Board of Directors Study Session Access Public Type C. ITEMS OF STUDY To: Board of Directors Via: Scott Carroll, General Manager From: Nabila Guzman, Management Analyst I Date: November 12, 2019 Subject: Solid Waste Diversion Report Summary A total of 4,325.50 tons of solid waste were collected and recycled in September and October 2019. Staff Recommendation That the Board of Directors receive and file this report. Analysis Using data from CR&R's Recycling Report and OCC's Recycling Center Recycling Report, staff has calculated the diversion rate for the last four months at 62.29%. A total of 15,208.07 tons of solid waste materials have been collected, of which 9,472.68 tons have been diverted away from landfills. In addition to curbside collection from CR&R, CMSD offers a variety of other waste diversion programs including large item pickup, where white goods are collected. The tonnage collected for the month of September has been included in the attachment the total tonnage for the month of October will be included in the December report. Attachment A is the fiscal year 2019-20 diversion rate support. Legal Review Not applicable. Environmental Review Consideration of the Solid Waste Diversion Report is an administrative matter and not a disturbance of the environment similar to grading or construction and not a project under CEQA or the District’s CEQA Guidelines. Financial Review Not applicable. Public Notice Process Copies of this report are on file and will be included in the complete agenda packet for the November 12, 2019 Board of Directors Study Session meeting at District Headquarters and posted on the District’s website. Alternative Action 1. Direct staff to report back with more information. File Attachments Attachment A.pdf (66 KB) Subject 3. September and October 2019 Solid Waste Diversion Report Meeting Nov 12, 2019 - Board of Directors Study Session Access Public Type Action, Receive and File Recommended Action That the Board of Directors receive and file this report C. ITEMS OF STUDY To: Board of Directors Via: Scott Carroll, General Manager From: Nabila Guzman, Management Analyst I Date: November 12, 2019 Subject: Organics Tonnage Report Summary A total of 810.28 tons of organic waste were collected in September 2019 and 847.32 in October 2019. Staff Recommendation That the Board of Directors receives and file this report. Analysis Below is a graph depicting the total tonnage of organic waste collected during each month of the last four fiscal years. Additionally, a graph is included breaking down the total tonnage collected and how much material was recycled and landfilled from the organics program. Subject 4. September and October 2019 Organics Tonnage Report Meeting Nov 12, 2019 - Board of Directors Study Session Access Public Type Action, Receive and File Recommended Action That the Board of Directors receive and file this report Legal Review Not applicable. Environmental Review File Attachments Organics 1.png (6 KB) Organics 2.png (19 KB) Organics 3.png (21 KB) Consideration of the Organics Tonnage Report is an administrative matter and not a disturbance of the environment similar to grading or construction and not a project under CEQA or the District’s CEQA Guidelines. Financial Review Not applicable. Public Notice Process Copies of this report are on file and will be included in the complete agenda packet for the November 12, 2019 Board of Directors Study Session meeting at District Headquarters and posted on the District's website. C. ITEMS OF STUDY To: Board of Directors Via: Scott Carroll, General Manager From: Gina Terraneo, Management Analyst II & Acting District Clerk Date: November 12, 2019 Subject: Quarterly Legislative Update - Calendar Year Quarter 4 Summary The Quarterly Legislative Update provides the Board of Directors with analyses of measures pending in Sacramento that are of interest to the District. On July 22, 2010, the Board of Directors gave authority to the President to write support and/or opposition letters on behalf of the Board if that position has been taken by an agency the District is a member of. For all other bills, staff recommendations for formal District positions on legislation will be agendized and presented for Board action at their regular Board of Directors meetings. When the Board takes formal action on a piece of legislation, the President will advocate the support or opposition of individual bills as approved by the Board. This Legislative Analysis also provides the Board of Directors with informative updates on State issues. Recommendation That the Board of Directors receive and file the Quarterly Legislative Update. Analysis The 2019 legislative session concluded on September 13, 2019. There were 2,081 bills, constitutional amendments, concurrent resolutions, joint resolutions, and house resolutions introduced in the Assembly, and there were 952 bills, constitutional amendments, concurrent resolutions, joint resolutions, and senate resolutions introduced in the Senate. Governor Newsom's deadline to sign or veto bills passed by the Legislature was October 13, 2019. The following bills are of interest to the District and are summarized in the attached Quarterly Legislative Report for Quarter 4: CHAPTERED BILLS: AB 9 - Employment discrimination: limitation of actions AB 51 - Employment discrimination: enforcement AB 65 - Coastal protection: climate adaption: project prioritization: natural infrastructure: local general plans AB 614 - Income taxes: credits: food banks AB 619 - Retail food: reusable containers: multiuse utensils AB 815 - Integrated waste management plans: source reduction and recycling element and household hazardous waste element: dual stream recycling programs AB 827 - Solid waste: commercial and organic waste: recycling bins AB 849 - Elections: city and county redistricting AB 881 - Accessory dwelling units AB 1162 - Lodging establishments: personal care products: small plastic bottles AB 1486 - Surplus land AB 1583 - The California Recycling Market Development Act AB 1588 - Drinking water and wastewater operator certification programs AB 1819 - Inspection of public records: use of requester’s reproduction equipment ACR 89 - Special Districts Week SB 13 - Accessory dwelling units SB 142 - Employees: lactation accommodation SB 188 - Discrimination: hairstyles SB 200 - Drinking water Subject 5. Quarterly Legislative Update - Calendar Year Quarter 4 Meeting Nov 12, 2019 - Board of Directors Study Session Access Public Type Action, Receive and File Recommended Action That the Board of Directors receive and file the Quarterly Legislative Update. Goals 5.3 Stay informed on applicable federal, state and regional regulations SB 210 - Heavy-Duty Vehicle Inspection and Maintenance Program SB 778 - Employers: sexual harassment training: requirements VETOED BILLS: AB 171 - Employment: sexual harassment AB 403 - Division of Labor Standards Enforcement: complaint AB 792 - Recycling: plastic containers: minimum recycled content and labeling AB 1184 - Public records: writing transmitted by electronic mail: retention AB 1736 - Notification requirements SB 598 - Open Financial Statements Act 2-YEAR BILLS: (In process; not passed by legislature) AB 161 - Solid waste: paper waste: proofs of purchase AB 1080 - Solid waste: packaging and products AB 1672 - Solid waste: flushable products ACA 1 - Local government financing: affordable housing and public infrastructure: voter approval SB 54 - Solid waste: packaging and products SB 667 - Greenhouse gases: recycling infrastructure and facilities Legal Review Not applicable. Environmental Review Consideration of pending legislation 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 Not applicable. Public Notice Process Copies of this report are on file and will be included with the complete agenda packet for the November 12, 2019 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 Quarterly Legislative Report - Quarter 4 - 2019.pdf (208 KB) C. ITEMS OF STUDY To: Board of Directors Via: Scott Carroll, General Manager From: Rob Hamers, District Engineer Date: November 12, 2019 Subject: Inflow & Infiltration (I/I): Mendoza Pump Station Smoke Test FINDINGS Summary Orange County Sanitation District (OCSD) as well as the State Water Resources Control Board under the Waste Discharge Requirements (WDR) prohibits inflow and Infiltration (I/I) of surface and groundwater into the sewer system. Treating wastewater is costly and the addition of surface water causes OCSD to construct additional capacity at its treatments plants. I/I also negatively affects the performance of sewer systems by taking up the capacity that was designed for wastewater. The Costa Mesa Sanitary District’s (CMSD) I/I program consists of manhole plugging and sealing and has been active since the winter of 2009- 2010. The District has determined there is little to no infiltration into the system but there is inflow of surface water into the system due to flooding streets and alleys, possible illegal connections, and pool discharges. The District has plugged and sealed approximately 1,000 manholes out of 4,720 total manholes in the District. The District’s Inflow Reduction Program has previously prevented water from mid level storms from entering the system and these results have been reported to the Board and Orange County Sanitation District. The District's goal is to limit inflow to less than 2% rain ingress, which is OCSD’s goal as well. Generally, the District does not calculate inflow into the system for storms of less than 1” of rainfall due to inaccuracies in small storm calculations. However, during the last three storm events, the rainfall exceed one inch, which resulted in the ingress surpassing the 2% goal. On December 7, 2018, the rain ingress was 3.8% and on January 12, 2019 the rain ingress was 3.75%. On February 15, 2019, a storm of 2.76 inches of rainfall caused the Mendoza Pump Station to run an extra 377 minutes, equating to 361,920 gallons of rainwater in the wastewater system, which caused a rain ingress of 2.59%. The District’s other pump stations also pump stormwater, but Mendoza Station is usually the largest offender. Based on the overall results from this storm and another, District management determined that the manhole plugging and sealing from prior years needed to be re-established and that additional steps should be taken. Management decided to consider “smoke Subject 6. Inflow & Infiltration (I/I): Mendoza Pump Station Smoke Test FINDINGS Meeting Nov 12, 2019 - Board of Directors Study Session Access Public Type Action Fiscal Impact Yes Dollar Amount $26,950.00 Budgeted Yes Budget Source Wastewater Fund Recommended Action That the Board of Directors direct staff to bring this item back to the November 21, 2019 Regular Board of Directors meeting to consider the following action: 1. Direct staff to implement the recommendations cited in the attached report; and 2. Direct staff to smoke test the remainder of the Mendoza Pump Station Tributary Area in FY 2020-21 Goals 1.0 Sewer Infrastructure 1.2 Inflow Reduction Program 1.7 Pump Station Maintenance & Standardization Program testing,” the surest method to finding illegal connections that create inflow. Recommendation That the Board of Directors direct staff to bring this item back to the November 21, 2019 Regular Board of Directors meeting to consider the following action: 1. Direct staff to implement the recommendations cited in the attached report; and 2. Direct staff to smoke test the remainder of the Mendoza Pump Station Tributary Area in FY 2020-21 Analysis Infiltration is groundwater (underground water) entering into sewer lines through cracks and/or separated joints in the sewer lines. Groundwater may be from storm water infiltrating down through the soil or from naturally occurring groundwater. Inflow is surface water entering through the vent holes in the cover and water entering through the annular space between the manhole ring and cover. Inflow generally occurs during storms that flood streets and may also be caused by illegal connections. An example of an illegal connection is a property owner solving his backyard flooding problem by installing a drain and connecting it to the sanitary sewer. When the District televised the sewer system from 2006-2009, only two instances of heavy infiltration (termed “gushers”) were discovered and these sources of water were immediately terminated. During the 2016-2018 televising program, there were no instances of heavy infiltration. The source of I/I water in the District’s system is inflow and this conclusion is supported by extra runtimes in the pumping stations immediately after a rain event. Inflow will occur immediately after the rain event, whereas infiltration of underground water into the sewer is delayed from the time of the storm, as the water must first percolate through the soil all the way down to the sewer system. The District’s Inflow Reduction Program is an attempt to reduce the amount of surface water entering the sewer system during winter storms. Many streets in Costa Mesa are relatively flat and flood during large storms. Standing water from curb to curb, where manholes are located, causes large volumes of water to enter the system though the vent holes and the space between the ring and cover. The cure for flooded streets is additional storm drain catch basins and pipelines, but the City has struggled with funding these improvements. Therefore, staff has used plugging and sealing manholes as the best course of action to prevent inflow. The risk in plugging and sealing manholes is the lack of oxygen circulation in the system and the inability to see a backup in the system, since a backup manifests itself through these same vent holes. The lack of oxygen causes a buildup in hydrogen sulfide, which leads to more pronounced odors and corrosion in the system. The use of smoke testing represents the District’s next step in inflow reduction. The concept is simple and works as follows: A smoke machine and blower drive smoke into the sewer main, which is usually located underground, along the center line of a street. The smoke travels up the main and up the sewer laterals, all the way into each of the residences connected to the main. Smoke will then exit through openings leading to the sewer lateral. For instance, smoke exiting through a plumbing roof vent indicates the house is connected to the system, but smoke emanating from a backyard storm drain grate indicates the homeowner is solving drainage problems by illegally connecting to the sewer system. After the testing, the District will take steps to have the illegal connections removed. The District hired ADS Environmental Services to perform the smoke testing study. The smoke testing began on October 14 through October 22, in which half of the Mendoza tributary area (24,500 lineal feet) was smoke tested (including the OC Fairgrounds). Costa Mesa Police and Fire Departments, along with the City Manager's Office, were notified in advance about the smoke testing. The results of the smoke testing and recommendations are provided in the attachment. District Engineer, Rob Hamers, will give the Board a presentation regarding the findings and recommendations. Legal Review Not applicable at this time. Environmental Review Smoke testing is performed with non-hazardous smoke that will quickly dissipate into the atmosphere. Also, there is no disturbance of the environment similar to grading or construction and is not a project under CEQA or the District’s CEQA Guidelines. Financial Review There was $40,000 budgeted for the smoke testing study and the cost to perform the study was $26,950. Public Notice Process Copies of this report are on file and will be included with the agenda packet for the November 12, 2019 Board of Directors Study Session meeting and on the District’s website. Alternative Actions 1. Do not implement the recommendations cited in the attached report. 2. Do not smoke test the remainder of the Mendoza tributary area in FY 2020-21. Attachments: Smoke Testing Study Report File Attachments CMSD Mendoza Smoke Report R1.pdf (7,421 KB) D. CLOSING ITEMS Subject 1. Oral Communications and Director Comments Meeting Nov 12, 2019 - Board of Directors Study Session Access Public Type D. CLOSING ITEMS THE NEXT STUDY SESSION OF THE COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS WILL BE HELD ON TUESDAY, DECEMBER 10, 2019 AT 9:30 A.M. IN THE DISTRICT'S BOARD ROOM, LOCATED AT 290 PAULARINO AVENUE, COSTA MESA. Subject 2. Adjournment Meeting Nov 12, 2019 - Board of Directors Study Session Access Public Type Procedural