2022_11_08_ss11/3/22, 12:02 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#1/2
Tuesday, November 8, 2022
Board of Directors Study Session
Time: 8:00 a.m.
Location: Costa Mesa Sanitary District - 290 Paularino Ave., Costa Mesa, CA 92626
***
IMPORTANT NOTICE REGARDING NOVEMBER 8, 2022 STUDY SESSION MEETING
This hybrid in-person and teleconferenced meeting will utilize electronic means consistent with
State of California Assembly Bill 361 (Gov. Code § 54953(b)(3)).
***
The livestream of the meeting can be viewed by clicking the "Video" icon on this page (which will be
made available at the start of the meeting) or by visiting www.youtube.com/CostaMesaSanitary.
***
To participate in the meeting by computer:
1. Copy and past the following into your browser - https://us02web.zoom.us/join
2. Enter the Meeting ID number - 882 7105 8326
3. Click "Join."
***
To join the meeting with a mobile device:
1. Download the Zoom app at the Google Play Store (for Android devices) or the App Store (for
Apple devices)
2. Open the Zoom app. Select "Join a Meeting."
3. Enter Zoom Meeting ID. Select "Join Meeting."
***
To join the meeting by phone:
1. Call 1-669-900-6833.
2. You will be asked to enter the Meeting ID number. Dial 882 7105 8326#
3. Lastly, you will be asked to enter your Participant ID. Press the # symbol again to bypass this
step.
***
Public Comments: Members of the public can submit any comments in real time during the meeting
or prior to the meeting in writing for the Board of Directors' consideration by sending them to the
District Clerk, Noelani Middenway, at nmiddenway@cmsdca.gov. Those comments will be made part
of the official public record of the meeting.
***
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
from the District Clerk's Office.
***
In Compliance with ADA: Contact District Clerk, Noelani Middenway, 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
11/3/22, 12:02 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#2/2
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. Receive and File October 2022 Code Enforcement Officer Report
2. Proposed Reorganization in the Solid Waste Department
3. Proposed SB 1383 compliant CMSD Rate
4. 2022 Missed Trash Pick-Up (January - October)
5. 341 Elden FM Redundancy & Elden PS Overland Emergency Bypass Pumping Improvement Implementation Plan
6. Consider Adopting Resolution No. 2022-974 Authorizing Remote Meetings
D. CLOSING ITEMS
1. Oral Communications and Director Comments
2. Adjournment
11/3/22, 12:03 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#1/16
Tuesday, November 8, 2022
Board of Directors Study Session
Time: 8:00 a.m.
Location: Costa Mesa Sanitary District - 290 Paularino Ave., Costa Mesa, CA 92626
***
IMPORTANT NOTICE REGARDING NOVEMBER 8, 2022 STUDY SESSION MEETING
This hybrid in-person and teleconferenced meeting will utilize electronic means consistent with
State of California Assembly Bill 361 (Gov. Code § 54953(b)(3)).
***
The livestream of the meeting can be viewed by clicking the "Video" icon on this page (which will be
made available at the start of the meeting) or by visiting www.youtube.com/CostaMesaSanitary.
***
To participate in the meeting by computer:
1. Copy and past the following into your browser - https://us02web.zoom.us/join
2. Enter the Meeting ID number - 882 7105 8326
3. Click "Join."
***
To join the meeting with a mobile device:
1. Download the Zoom app at the Google Play Store (for Android devices) or the App Store (for
Apple devices)
2. Open the Zoom app. Select "Join a Meeting."
3. Enter Zoom Meeting ID. Select "Join Meeting."
***
To join the meeting by phone:
1. Call 1-669-900-6833.
2. You will be asked to enter the Meeting ID number. Dial 882 7105 8326#
3. Lastly, you will be asked to enter your Participant ID. Press the # symbol again to bypass this
step.
***
Public Comments: Members of the public can submit any comments in real time during the meeting
or prior to the meeting in writing for the Board of Directors' consideration by sending them to the
District Clerk, Noelani Middenway, at nmiddenway@cmsdca.gov. Those comments will be made part
of the official public record of the meeting.
***
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
from the District Clerk's Office.
***
In Compliance with ADA: Contact District Clerk, Noelani Middenway, 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
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 8, 2022 - Board of Directors Study Session
Access Public
11/3/22, 12:03 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#2/16
Robert Ooten, President
Michael Scheafer, Vice President
Arlene Schafer, Secretary
Arthur Perry, Director
Brett Eckles, Director
Type Procedural
11/3/22, 12:03 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#3/16
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 8, 2022 - Board of Directors Study Session
Access Public
Type Procedural
11/3/22, 12:03 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#4/16
C. ITEMS OF STUDY
To: Board of Directors
Via: Scott Carroll, General Manager
From: David Griffin, Interim Code Enforcement Officer
Date: November 8, 2022
Subject: Receive and File October 2022 Code Enforcement Officer Report
Summary
This report summarizes major points for three ordinance enforcement topics covering scavenging, graffiti on trash carts, and trash
container enforcement. For the month of October, 2022, the CMSD Interim Code Enforcement Officer focused his efforts on patrols in
various parts of the community. The goal is to identify and deter instances of scavenging and residential trash carts left within the public
view.
Recommendation
That the Board of Directors receives and files this report.
Analysis
In the month of October, Interim Code Enforcement Officer (CEO) Griffin approached three individual after observing them scavenging
from CMSD trash carts. In the same month he issued 156 warning notices to residents storing their trash carts in public view. No cases of
graffiti on trash carts were observed.
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 Griffins' 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 9, 2022 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
CEO Report October 2022.pdf (461 KB)
Subject 1. Receive and File October 2022 Code Enforcement Officer Report
Meeting Nov 8, 2022 - Board of Directors Study Session
Access Public
Type Discussion
Goals 2.0 Solid Waste
2.9 Solid Waste - Enhance Code Enforcement presence
11/3/22, 12:03 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#5/16
C. ITEMS OF STUDY
To: Board of Directors
From: Scott Carroll, General Manager
Date: November 8, 2022
Subject: Proposed Reorganization in the Solid Waste Department
Summary
Currently, there is one staff person that performs day-to-day operations for the District's Solid Waste Department. The department has the
fewest staff members of all departments within the District, but responsibilities and duties of the Solid Waste department are growing due
to SB 1383. Staff is proposing the following reorganization in the Solid Waste Department to better serve the community.
Recommendation
That the Board of Directors provide feedback and then direct staff to report back in March 2023 for approval consideration.
Analysis
The reorganization includes two promotions, one new full-time position and one part-time position. An organization chart of the proposed
reorganization is provided in the attachment. Below is more description about the duties to be performed by each position.
NEW POSITIONS
Office Specialist (Full-Time)
Provides customer service assistance
Answers solid waste questions received via info@cmsdca.gov email and phone calls
Oversees GoGov requests and ensure they are closed out and scheduled in a timely manner
Assist with the roll out of 3-cart system and implementation of new SB 1383 programs
Preparing SB 1383 reports to CalRecycle
Collaborating with staff on community outreach efforts for SB 1383
Documenting and tracking liquidated damages issued to CR&R for violating terms of the agreement
Follows up on contamination fee’s/administrative fines issued
Assisting resolving missed pickups including large item and curbside pickups
Investigates levels of service for homes that may arise, completes site visits as needed
Administering solid waste program (e.g. large item collection, HHW collection, sharps, U.S flag drop-off
Oversee logistics of the alkaline Battery Recycling Program
Participating in community events (Strategic Goal # 4.7.2)
Selecting a "star" resident through CR&R's cart-to-cart outreach program (Strategic Goal # 5.1.2)
Selecting "Sustainability Hero of the Month" (Strategic Goal # 5.1.3)
Recognizing students who model good recycling practices (Strategic Goal # 5.1.4)
Developing a system for local real estate agents to notify the District of new residents (Strategic Goal # 4.1.3)
Trying to reduce contamination in the curbside recycling and organics programs (Strategic Goal # 2.1.1)
Participating in CEPA and/or Eco Expo and coordinate tours of solid waste facilities (Strategic Goal # 5.7.1 and # 5.7.2)
Attending training and professional development seminars.
Conducting rate comparison studies.
Assuming Temporary Intern duties after grant funds have been expended.
Intern (Part-Time)
Subject 2. Proposed Reorganization in the Solid Waste Department
Meeting Nov 8, 2022 - Board of Directors Study Session
Access Public
Type Discussion
Goals 2.0 Solid Waste
2.9 Solid Waste - Enhance Code Enforcement presence
7.0 Human Resources Management
7.5 Human Resources Management - Maintain high level of employee satisfaction
11/3/22, 12:03 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#6/16
This position is temporary because the compensation is funded by the CalRecycle grant. This position is not eligible to receive benefits
and the grant money will fund this position for six months. Staff will be seeking a permanent part-time intern position in the FY 2023-24
Budget. Duties will include, but limited to:
Provides customer service assistance
Answers solid waste questions received via info@cmsdca.gov email and phone calls
Oversees GoGov requests and ensure they are closed out and scheduled in a timely manner
Create list of all Organic exempt homes, separated by property type
For multifamily units, gather property owner information for each property.
Conduct cart-to-cart outreach in high contamination areas with CR&R staff
Follow up outreach with mailing additional outreach materials to homes visited.
Review Solid Waste Policies for inconsistencies, updates needed, require trash service, etc.
Mail letters after waste characterization studies
Create a database of all customers and services levels per home
Review new developments and ensure all homes have set up service
Assist Code Enforcement Officer as needed
Assist with SB 1383 communication outreach as needed
Attend events as needed
Data entry in Springbrook to update addresses or service levels as needed
Prepares list of homes that need to set up service
PROMOTIONS
Code Enforcement Officer
This position is currently part-time. David Griffin has been serving as interim code enforcement officer for the past sixteen months and
would be promoted to permanent full time status. As a full-time code enforcement officer, Mr. Griffin's duties will include, but not limited to
the following:
Enforce SB 1383 regulations by lifting cart lids to observe discarded materials.
Issue warning notices to SB 1383 violators and storing trash carts in public view.
Issue administrative citations for violating SB 1383, trash carts in public view and scavenging of recyclable materials.
Resolve neighbor disputes and/or disputes between residents and CR&R drivers.
Assist residents find proper storage of carts.
Provide support to CR&R enforcement on SB 1383
Investigates missed trash collections and/or other trash related complaints
Target areas with increased scavenging (Strategic Goal # 2.9.1)
Attend training and professional development seminars.
Management Analyst II
The positions described above would be supervised by the Management Analyst II position. Nabila Guzman, the sole employee
responsible for performing day-to-day operations in the Solid Waste Department is currently employed as a Management I. Management
I positions do not supervise employees, thus the need to promote Nabila to the Management Analyst II position. Ms. Guzman duties will
include, but not limited to the following:
Direct supervision of three employees
Grant writer and administrator
Special events coordinator (e.g. shredding event, compost giveaway, alkaline battery recycling)
Establish good relationship with CR&R and represents CMSD as the point of contact for CR&R
Establish good relationship with OC Waste and Recycling and attend Recycling Coordinator meetings.
Oversees solid waste operations and programs to ensure 75% diversion
Ensure SB 1383 compliance
Create new and innovative programs to help achieve 75% diversion goal
Write staff reports and make oral presentations to the Board and the community
Coordinates solid waste rate studies
Ensures CR&R are complying with the terms of their contract
Meet with OCC Recycling Center officials to discuss potential new collection programs (Strategic Goal # 4.8.1)
Establish relationships with local businesses to promote CMSD programs. For example: local furniture stores can help promote
the Large Item Collection Program (Strategic Goal # 4.1.2)
Attend training and professional development seminars.
Participate in community events (Strategic Goal # 4.7.2)
Recognize students who model good recycling practices (Strategic Goal # 5.1.4)
File intention to levy liquidated damages to CR&R for contract violations
Update GIS to ensure accurate cart inventory
Review proposed rate adjustments from CR&R and make recommendations to the Board
Coordinate biennial citizen survey.
Legal Review
Not applicable.
11/3/22, 12:03 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#7/16
Environmental Review
Considering reorganization of a department is an administrative matter and is not a disturbance of the environment, similar to grading or
construction, and is not a project under CEQA or the District’s CEQA Guidelines.
Financial Review
The salary schedules for the positions described above are attached hereto. The estimated cost to implement the reorganization in the
Solid Waste Department in FY 2023-24 is $186,000 as follows:
The estimated cost to promote the Management Analyst I to Management Analyst II is $33,000.
The estimated cost to promote the Code Enforcement Officer part-time position to a full-time position is $50,000.
The estimated salary and benefits to hire a New Office Specialist is $93,000.
The estimated cost to purchase materials and equipment for the two new positions is $10,000
The estimated salary to hire a part-time Intern position is $13,600, which will be funded by the grant.
Staff anticipates implementing the reorganization this fiscal year 2022-23, in April. The estimated cost for the last three months of the
fiscal year is $54,000.
Since the end of FY 2020-21, mixed waste tonnage has been trending downward. Tonnage decreased by 12% from 34,361 tons in FY
2020-21 to 30,759 tons in FY 2021-22. Organic waste tonnage also decreased by 12% from 10,317 tons in FY 2020-21 to 9,234 tons in
FY 2021-22. The expenditure for the mixed waste and organic waste tonnage were under budget in FY 2021-22.
In the first quarter of FY 2022-23 (July, Aug & Sept), mixed waste tonnage was down 10% and organic waste tonnage was down 3%
when compared to 2021-22 first quarter tonnage. Staff does not have an answer to why the tonnage has been decreasing lower than the
years prior to the pandemic. Staff believes the additional $54,000 can be absorbed in the current solid waste budget. Staff is monitoring
the tonnage trends for the next several months before making a recommendation to fund the proposed reorganization of the Solid Waste
Department by using existing funds.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the November 8, 2022 Board of Directors Study
Session meeting held at 290 Paularino Avenue, Costa Mesa and posted on the District’s website.
Alternative Actions
1. Do not approve the proposed reorganization for the Solid Waste Department.
2. Direct staff to report back with more information.
File Attachments
Proposed Solid Waste Dept Reorg Chart.pdf (107 KB)
11/3/22, 12:03 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#8/16
C. ITEMS OF STUDY
To: Board of Directors
Via: Scott Carroll, General Manager
From: Nabila Guzman, Management Analyst I
Date: November 8, 2022
Subject: Proposed SB 1383 compliant CMSD Rate
Summary
Since February 2022, District staff and solid waste consultant, Michael Balliet Consulting (MBC) have been in negotiations with CR&R
Incorporated (CR&R) for a new SB 1383-compliant solid waste agreement. Many of the initial meetings with CR&R were spent discussing
rates and reviewing rates and services of other cities in Orange County. Below is a summary of how CMSD and CR&R arrived at the
proposed rate of $24.16 for SB 1383-compliant services.
Recommendation
That the Board of Directors provides feedback to staff.
Analysis
Since 2015, the Costa Mesa Sanitary District (CMSD) has operated a two-cart system and paying CR&R for their collection services on a
per-tonnage basis. This means that CMSD pays the true cost every month for the collection of waste from our trash customers and the
system can be influenced by how well the economy is doing and seasonal changes. Currently, the District pays a set fee per ton for the
collection and disposal of Mixed Waste trash ($56.52), Organics Recycling ($77.77), and an occupancy fee per unit collected ($10.6537)
on a monthly basis. With the new agreement, CMSD will be moving from a per-tonnage cost to a flat-rate cost. This means CMSD will
pay the rate times the number of homes serviced on a monthly basis. The cost for collection and disposal will be consistent without
fluctuation from year to year. Providing a more reliable budget estimate, similar to the revenue budget.
To determine the rate for the new agreement and new services, CR&R took a look at the actual volume collected and disposed of for
CMSD in previous years. The rate calculations are based on the historical tonnage and CR&R determined anticipated productivity per
waste stream at CR&R's current cost per hour to operate. CR&R broke down the rate of $24.16 as follows:
$14.96 cost per home for operating the truck and servicing 1 trash cart, 1 recycling cart and 2 organic carts.
$5.20 for the trash cart
$4.88 for the recycling cart
$4.88 for up to two organic recycling carts
$8.31 for processing and disposing of waste collected.
$4.60 for the trash cart
$0.55 for the recycling cart
$3.16 for two organic carts
$0.80 cents for SB 1383 compliance which includes the following costs
New recycling carts and trucks
Outreach costs
Annual notice of SB 1383 requirements to residents
Annual Route review of all operating routes
$0.01 cents for shredding event twice a year
$0.08 cents for the increase in landfilling costs from OC Waste & Recycling
CR&R estimates the company can service 94 trash carts per hour with each black cart disposing 39.2 pounds of trash per week. For
recycling (blue cart), CR&R is estimating 18 pounds per cart per week for blue carts. Due to recycling weight being less than the trash
weight, CR&R believes they can service 100 blue carts per hour. For organics (green cart), CR&R is estimating 17.6 pounds per cart per
week for green carts. Due to organics weight being less than the trash weight, CR&R believes they can service 100 green carts per hour.
Overall, the state is requiring that CMSD transitions to a three-cart system to be in compliance with SB 1383 regulations. The need for a
third cart, which requires additional employees, trucks, carts and structure that necessitates extra container charges, is real and verifiable
to CMSD staff.
Subject 3. Proposed SB 1383 compliant CMSD Rate
Meeting Nov 8, 2022 - Board of Directors Study Session
Access Public
Type Action (Consent)
Recommended Action That the Board of Directors provide feedback to staff.
11/3/22, 12:03 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#9/16
Legal Review
Not Applicable
Environmental Review
Receiving agreed upon service rate for a future agreement with CR&R Environmental Services 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 ReviewThe financial impacts is undetermined at this point in time. It will be presented to the Board at a future board meeting.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the November 8, 2022 Board of Directors study
session meeting held at 290 Paularino Avenue, Costa Mesa, and posted on the District’s website.
Alternative Actions
1. Direct staff to report back with more information.
All matters listed on the consent calendar are considered to be routine and may be acted upon by one motion after
public comment has been received. Only Board of Directors may pull an item for discussion. Reading of resolutions is
waived and they will be adopted and numbered. Now is the time for those in the audience who wish to speak to items
listed on the consent calendar. Each speaker will be limited to four (4) continuous minutes of comment on the consent
calendar as a whole.
11/3/22, 12:03 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#10/16
C. ITEMS OF STUDY
To: Board of Directors
From: Scott Carroll, General Manager
Date: November 8, 2022
Subject: 2022 Missed Trash Pick-Up (January - October)
Summary
The Board of Directors requested monthly updates regarding the progress being made to consistently reduce the number of missed trash
pick-ups occurring in the community.
Recommendation
That the Board of Directors receive and file this report.
Analysis
There were a total of 893 missed trash pick-ups during the past eight months of 2022. Attached is the breakdown of the missed pick-ups
by month. The data collected is from residents logging complaints in CMSD's online Citizen Request Management System (GoGov) and
receiving complaints residents logged in at Costa Mesa city hall. The data represents the number of homes that did not have their trash
picked up on their regularly scheduled collection day. The Wednesday route on the eastside (between 22nd Street and Mesa Drive) had
a disgruntle driver that required this driver to be replaced with someone else.
October's data represents approximately 0.35% of the total single-family units (23,091) CR&R services every week.
Legal Review
Not applicable
Environmental Review
Receiving an update on missed trash collection requests 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
There are no financial impacts to the District for creating this report.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the November 8, 2022 Board of Directors Study
Session meeting held at 290 Paularino Avenue, Costa Mesa and posted on the District’s website.
Alternative Actions
1. Direct staff to report back with more information.
File Attachments
2022 Missed Trash Pickup.pdf (82 KB)
Subject 4. 2022 Missed Trash Pick-Up (January - October)
Meeting Nov 8, 2022 - Board of Directors Study Session
Access Public
Type Discussion
Goals 2.0 Solid Waste
11/3/22, 12:03 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#11/16
C. ITEMS OF STUDY
To: Board of Directors
From: Mark Esquer, P.E., District Engineer
Date: November 8, 2022
Subject: Project 341 Elden FM Redundancy & Elden PS Overland Emergency Bypass Pumping Improvement Implementation
Plan
Summary
The District recently used pumping trucks to bypass-pump the Elden forcemain; as part of the Air-Release Valve Removal. As a result of
that experience, along with concerns about a major pipe failure or earthquake damage, the District is reviewing the current approach for
emergency bypassing of sewage. Should the need for more than a few hours of truck-type bypass pumping be required, District is
recommending that an overland-option for emergency bypass pumping be developed and implemented. This overland bypass plan would
be required until the 341 Elden FM Redundancy project is constructed.
An overland-option for emergency bypass pumping will generally consists of temporary flexible piping being installed along the City
streets to the downstream gravity sewer. The existing District pumps at the Elden station would be used to pump sewage through the
temporary piping.
District staff will provide an oral presentation to and subsequent discussion, of these two projects, with the Board of Directors. The
outcome of comments and discussion will provide staff with direction for proceeding with the Elden forcemain redundancy project and the
overland-approach bypass pumping improvement project.
Recommendation
The Board of Directors discuss the project with staff, ask questions, and provide feedback regarding implementing the recommended
improvements and projects.
Analysis
The District is considering two projects for the purpose of increasing the Elden pumping station reliability and reducing the potential for a
sanitary sewer overflow (SSO); developing an overland, emergency, bypass pumping plan with required capital improvements and
constructing the 341 Elden FM Redundancy project.
Elden Overland Emergency Bypass Pumping Implementation
During the next six to nine months, the District proposes to modify the Elden pump station piping to accommodate two (2) 12-inch flexible
hoses. The flexible ("lay-flat") hoses would be used to pump sewage overland to the downstream gravity system. This proposed project
would provide reduced the risk of a SSO during the next 3 to 5-year period; while the 341 FM Redundancy project is being designed, bid,
and constructed. The flexible hoses would only be used during a major break or long-term outage of the existing forcemain. The existing
pump station piping requires modifications to accommodate the temporary 12-inch piping. The modification includes replacing the existing
6-inch bypass connections with 12-inch connections. In addition, twelve (12) 660-foot sections of 12-inch flexible hose would be
purchased and staged for emergency use.
An overland-type emergency pumping system is being considered because trucking sewage does not appear to be a reliable long-term
option. During the recent project to remove the Elden Air Release valve from the SR-55 Mesa Drive Overcrossing bridge, the contractor
was able to keep up with night-time and low flows. The contractor used all pumping trucks located in southern California and imported
eight (8) additional pumping trucks from northern California. It took two days to relocate the trucks to the Elden pump station. District
concern is that the current emergency pumping plan may not likely keep up with peak flows or rainfall flows should the District experience
a longer-term outage of the forcemain.
Project 341 Elden FM Redundancy
The long-term improvement involves building a redundant 18-inch forcemain (FM) system. The project comprises designing and building
improvements so that two 18-inch pressure pipelines are available for the existing pumping station. A portion of the proposed FM
redundancy system would be built under the SR-55 (Newport) freeway. Jacking and/or boring a new pipeline under the freeway, along
Subject 5. 341 Elden FM Redundancy & Elden PS Overland Emergency Bypass Pumping
Improvement Implementation Plan
Meeting Nov 8, 2022 - Board of Directors Study Session
Access Public
Type Discussion, Presentation
11/3/22, 12:03 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#12/16
with rejuvenating an old District forcemain pipe will require a three to five-year period, including a year for design. Generally, the 341
Elden FM Redundancy project will consist of:
1. 3,300 feet of new 18-inch pressure pipe
2. Rehabilitate 2,250 feet of an existing, out-of-service, Techite (brand), pressure pipe
3. Modifying the pump station piping to accommodate a redundant forcemain system
4. Replacing the existing isolation valves in southbound Newport Blvd, along with installing pressure manhole for maintenance and
assessment purposes
5. Modifying the downstream receiving manholes to accommodate the redundant pipelines
Legal Review
District legal is involved and has assisted with development of contracts and legal opinions.
Environmental Review
The replacement of an existing sewer force main pipe with a same capacity as the existing pipeline is categorically exempt under the
California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.) under Section 15302 as a “Class 2” project
as stated under 15302(c) “Replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of
capacity“. In addition, for new pipelines less than one mile in length within a public street or other right of way for the installation of new
pipe or for maintenance, repair, restoration, etc. (both above ground and below ground until 2018) CEQA does not apply. (PRC 21080.21;
CEQA regs 15282(k).)
Financial Review
There are currently no fiscal impacts associated with discussing these projects. In addition, the proposed projects have not been
budgeted.
A request for funds and project budget adjustments are being developed and forthcoming to the Board of Directors for consideration and
action. The two proposed projects may require between $10.5 million and $14.0 million. A District budget recommendation that considers
only funding the Overland Emergency Bypass Pumping project and the 341 Elden FM Redundancy project design is under review by
District staff.
The Overland Emergency Bypass Pumping project is estimated at $1.0 million, including engineering, construction, and purchase of the
flexible hose.
The 341 Elden FM Redundancy project is currently estimated at $10.5 million, however, there is risk associate with the jacking and or
boring work under the freeway. Until that portion of work is reviewed and studied by an engineering consultant, it is difficult to develop a
firm project cost. District staff anticipate the cost is between $9.0 and $13.0 million for the entire redundant forcemain project. District staff
is still firming up the budget requirements for the proposed work and the proposed outlay may come down (be reduced) as a consultant
prepares the preliminary designs and determines the details associated with boring under the SR-55 freeway.
Recommending proposed budgets for two smaller portions of work consisting of the Overland Emergency Bypass pumping
Improvements and for the 341 Elden FM Redundancy design would be $1.0 million and $800K, respectively. This "pay-as-you-go"
approach will provide for the emergency bypass pumping work. In addition, completing the 341 Elden FM Redundancy design will provide
for accurate budget development and construction costs estimates. Furthermore, should the District move forward with obtaining grant
funding, loans, or selling bonds, having a shovel-ready project will facilitate the fund-raising effort.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the November 8, 2022, Board of Directors Study
Session at District Headquarters and on District’s website.
Alternative Actions
1. Direct staff to report back with more information.
File Attachments
2022 11 Study Session 341 Elden FM Redundancy Implementation rev a.pdf (18,677 KB)
11/3/22, 12:03 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#13/16
C. ITEMS OF STUDY
To: Board of Directors
From: Alan Burns, District Counsel
Date: November 8, 2022
Subject: Consider Adopting Resolution No. 2022-974 Authorizing Remote Meetings
Summary
The Governor has now signed AB 361 which continues the authority to have remote meetings, provided certain findings are made. The
Board will need to determine if it desires to continue with remote meetings, or at least have the option of remote meetings, and if so,
adopt a resolution making findings.
Recommendation
That the Board of Directors adopt Resolution No. 2022-974 authorizing remote meetings.
Analysis
The Brown Act authorized teleconferenced meetings provided all locations involved in the call were accessible to the public and a public
agenda was posted outside the location. With the COVID 19 pandemic, the Governor issued an Executive Order (N-25-20) on March 4,
2020, which authorized remote meetings provided the meetings are accessible to the public, that agendas are prepared in advance, and
the public has a right to comment on meeting items.
N-25-20 was set to expire on September 30, 2021. The Legislature just passed AB 361 which revises the Brown Act to allow remote
meetings to continue, subject to the making of certain findings. The passage of this law created confusion since it was
effective immediately, but public agencies were relying on the older Executive Order to be able to conduct their meetings through
September 30, 2021. The Governor just issued Executive Order (N-15-21) which will authorize public agencies to rely on the prior
Executive Order until Sep 30, 2021, at which time it expires.
AB 361 is now in effect as an urgency statute. It authorizes a public agency to use remote conferencing provided a State of Emergency
exists and the local agency has imposed or recommended social distancing. Findings must be made, as discussed below. We are
required to notice the meeting and post agendas, allow the public to address the body in a meaningful manner, and by call-in or internet-
based service option. In the event of a disruption of the teleconferencing, the meeting must stop. Public comments are not allowed to be
required in advance of the meeting.
If a state of emergency exists and social distancing is recommended, the Board must adopt a resolution at its first meeting, and every 30
days thereafter, making at least one of the following findings: that the state of emergency continues to exist, that the state of emergency
continues to directly impact the ability of persons to meet safely in person, or that state or local officials continue to impose or recommend
social distancing.
Legal Review
District Counsel has prepared this staff report and Resolution No. 2022-974.
Environmental Review
Subject activity 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
Subject 6. Consider Adopting Resolution No. 2022-974 Authorizing Remote Meetings
Meeting Nov 8, 2022 - Board of Directors Study Session
Access Public
Type Action
Recommended Action That the Board of Directors adopt Resolution No. 2022-974 authorizing remote meetings.
Goals 6.0 Administrative Management
11/3/22, 12:03 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#14/16
There are no financial impacts to the District for adopting Resolution No. 2022-974.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the November 8, 2022 Board Study Session
Meeting at District Headquarters and on District website at www.cmsdca.gov.
Alternative Actions
1. Do not adopt Resolution No. 2022-974 and conduct meetings under standard Brown Act provisions (i.e., meeting in-person or
teleconferencing and adhering to the requirements of subdivision (b) of California Government Code section 54953, because all
Executive Orders related to the Brown Act are expired after that date),
2. Do not adopt Resolution No. 2022-974 and direct staff to report back with more information.
File Attachments
reso_2022-974_remote_meetings.pdf (118 KB)
11/3/22, 12:03 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#15/16
D. CLOSING ITEMS
Subject 1. Oral Communications and Director Comments
Meeting Nov 8, 2022 - Board of Directors Study Session
Access Public
Type
11/3/22, 12:03 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Private?open&login#16/16
D. CLOSING ITEMS
The next Study Session of the Costa Mesa Sanitary District Board of Directors will be held at 8:00 a.m. on Tuesday, December 13, 2022
in the District's Boardroom, located at 290 Paularino Avenue, Costa Mesa, CA 92626.
Subject 2. Adjournment
Meeting Nov 8, 2022 - Board of Directors Study Session
Access Public
Type Procedural