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Tuesday, November 14, 2023
Board of Directors Study Session
Time: 8:00 a.m.
Location: Costa Mesa Sanitary District - 290 Paularino Ave., Costa Mesa, CA 92626
***
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 - 825 2896 6090
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 825 2896 6090#
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 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.
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1. Public Comments
C. ITEMS OF STUDY
1. Receive and File Code Enforcement Officer Report
2. Receive and File Waste Composition Studies #3, #4, #5 and #6 from Michael Balliet Consulting
3. SB 1383 Contamination Monitoring and Enforcement
4. Mitigating Odors at Elden and President Pump Stations
5. Permanent Generator at Harbor Pump Station
6. Review and Comment on Proposed Ordinance for Repealing and Reenacting Chapter 4.04 of CMSD's Operations
Code Pertaining to Purchasing Procedure and Authority
D. CLOSING ITEMS
1. Oral Communications and Director Comments
2. Adjournment
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Tuesday, November 14, 2023
Board of Directors Study Session
Time: 8:00 a.m.
Location: Costa Mesa Sanitary District - 290 Paularino Ave., Costa Mesa, CA 92626
***
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 - 825 2896 6090
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 825 2896 6090#
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
Michael Scheafer, President
Arlene Schafer, Vice President
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 14, 2023 - Board of Directors Study Session
Type Procedural
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Arthur Perry, Secretary
Robert Ooten, Vice Secretary
Brett Eckles, Director
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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 14, 2023 - Board of Directors Study Session
Type Procedural
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C. ITEMS OF STUDY
To: Board of Directors
Via: Scott Carroll, General Manager
From: David Griffin, Code Enforcement Officer
Date: November 14, 2023
Subject: Receive and File October 2023 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 2023, the CMSD Code Enforcement Officer (CEO) 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, Officer Griffin observed 4 individuals searching in trash carts on Ogle Street, Senate St. Center St. and
Killybrooke Lane. All individuals were advised of the district's scavenging law and given verbal warnings before they went on their way.
In the month of October, Officer Griffin issued 204 first warnings notices (yellow tag) to residential properties for having their trash carts
in public view.
Officer Griffin did not observe graffiti on trash carts in the months of October
To address resident concerns, Officer Griffin is patrolling streets by 6:30 a.m.
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 14, 2023 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 2023.pdf (481 KB)
Subject 1. Receive and File Code Enforcement Officer Report
Meeting Nov 14, 2023 - Board of Directors Study Session
Type Receive and File
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C. ITEMS OF STUDY
To: Board of Directors
Via: Scott Carroll, General Manager
From: Marissa Pereyda, Management Analyst II
Date: November 14, 2023
Subject: Receive and File Waste Composition Studies #3, #4, #5 and #6 from Michael Balliet Consulting
Summary
Michael Balliet Consulting (MBC) performed two waste composition studies (#3 and #4) on August 10, 2023, and two waste composition
studies (#5 and #6) on October 5, 2023, to determine the amount of organic waste contamination in mixed waste collection. This report
and the four attached waste composition studies describe MBC's findings.
Recommendation
That the Board of Directors receive and file Waste Composition Studies #3, #4, #5 and #6 from Michael Balliet Consulting.
Analysis
The District contracts with Michael Balliet Consulting for franchise hauler compliance, SB 1383 and related regulatory compliance, and
quarterly waste composition studies. Waste composition studies consist of sorting, weighing and categorizing a random sample from a
waste collection route for the purpose of determining contamination levels and identifying the need for education and outreach.
Waste Composition Study #3 reviewed a mixed waste collection route from the Mesa Verde area, generally bounded by Adams Avenue
to the north, Swan Drive and Tanager Drive to the south, Sandpiper Drive to the west, and Starbird Drive to the east. A total of 235.60
pounds of mixed waste was sorted into six material types. The material types and their respective weights and percentage of total
sample are included below.
MATERIAL TYPE POUNDS PERCENTAGE
Green Waste (Prohibited Container Contaminant)35.9 15.24%
Food Waste (Prohibited Container Contaminant)8.2 3.48%
Total Prohibited Container Contaminants 44.1 18.72%
Paper & Cardboard (Dry)18.9 8.02%
Other Recyclables (Plastic, Metal & Glass)23.9 10.14%
Paper & Cardboard (Wet, Non-Recyclable)12.2 5.18%
Total Recyclable Materials 55 23.34%
Trash 136.5 57.94%
Total Trash 136.5 57.94%
Waste Composition Study #4 reviewed a mixed waste collection route from the Mesa Verde area, generally bounded by Gisler Avenue
to the north, Adams Avenue to the south, Europa Drive to the west, and Mesa Verde Drive East and Bermuda Drive to the east. A total
of 216 pounds of mixed waste was sorted into six material types. The material types and their respective weights and percentage of
total sample are included below.
MATERIAL TYPE POUNDS PERCENTAGE
Green Waste (Prohibited Container Contaminant)11.2 5.19%
Food Waste (Prohibited Container Contaminant)26.6 12.31%
Total Prohibited Container Contaminants 37.8 17.50%
Paper & Cardboard (Dry)20.3 9.40%
Other Recyclables (Plastic, Metal & Glass)23.8 11.02%
Subject 2. Receive and File Waste Composition Studies #3, #4, #5 and #6 from Michael
Balliet Consulting
Meeting Nov 14, 2023 - Board of Directors Study Session
Type Receive and File
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Paper & Cardboard (Wet, Non-Recyclable)12.2 5.65%
Total Recyclable Materials 56.3 26.07%
Trash 121.9 56.44%
Total Trash 121.9 56.44%
Waste Composition Study #5 reviewed a mixed waste collection route from the Mesa Verde area, immediately west of Harbor Boulevard
on either side of Baker Street to Mesa Verde Drive East, combined with a portion of the East Side area bordered by Santa Ana Avenue,
Monte Vista Avenue, Irvine Avenue, and Santa Ana Avenue. A total of 243.30 pounds of mixed waste was sorted into six material types.
The material types and their respective weights and percentage of total sample are included below.
MATERIAL TYPE POUNDS PERCENTAGE
Green Waste (Prohibited Container Contaminant)10.8 4.44%
Food Waste (Prohibited Container Contaminant)21.8 8.96%
Total Prohibited Container Contaminants 32.6 13.40%
Paper & Cardboard (Dry)48.9 20.10%
Other Recyclables (Plastic, Metal & Glass)22.5 9.25%
Paper & Cardboard (Wet, Non-Recyclable)18.6 7.64%
Total Recyclable Materials 90 36.99%
Trash 120.7 49.61%
Total Trash 120.7 49.61%
Waste Composition Study #6 reviewed a mixed waste collection route primarily from the Mesa Verde area west of Harbor Boulevard
and immediately north and south of Adams Avenue. A total of 220.80 pounds of mixed waste was sorted into six material types. The
material types and their respective weights and percentage of total sample are included below.
MATERIAL TYPE POUNDS PERCENTAGE
Green Waste (Prohibited Container Contaminant)3.0 1.36%
Food Waste (Prohibited Container Contaminant)20.2 9.15%
Total Prohibited Container Contaminants 23.2 10.51%
Paper & Cardboard (Dry)26.4 11.96%
Other Recyclables (Plastic, Metal & Glass)14.3 6.48%
Paper & Cardboard (Wet, Non-Recyclable)10.2 4.62%
Total Recyclable Materials 50.9 23.05%
Trash 146.7 66.44%
Total Trash 146.7 66.44%
The table below highlights contamination levels across the four studies.
MATERIAL TYPE STUDY
#3
STUDY
#4
STUDY
#5
STUDY
#6
Green Waste (Prohibited Container
Contaminant)15.24%5.19%4.44%1.36%
Food Waste (Prohibited Container
Contaminant)3.48%12.31%8.96%9.15%
Total Prohibited Container Contaminants 18.72%17.50%13.40%10.51%
Under SB 1383, green waste and food waste are considered "prohibited container contaminants." Contamination levels for Waste
Composition Studies #3 - #6 ranged from 10.51% to 18.72%. The optimal level of prohibited container contaminants is 10% while 15%
is considered an "acceptable" level of contamination.
The mixed waste from Study #3 contained only 3.48% food waste, suggesting that these customer are doing an excellent job recycling
food waste. Green waste contamination was much higher at 15.24%. This could be attributed to landscapers or residents using their
mixed waste cart for green waste that will not fit in their organics container. Suggested outreach for this route will include information on
additional organics containers and stress the importance of placing green waste in the correct container. While total food waste
contamination levels for Study #4, #5 and #6 range from 8.96% to 12.31%, food waste recycling education is recommended to further
encourage and reinforce the practice of recycling food waste.
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A waste composition study is a representative sample of the entire waste collection route. Therefore, all homes serviced on each route
will receive educational material about proper sorting. In addition, outreach will advise residents that beginning January 2024, the
presence of prohibited container contaminants could result in fees/fines if the behavior is not corrected after receiving notices from
CMSD/CR&R.
Staff welcomes feedback and suggestions from the Board of Directors.
Legal Review
Not applicable.
Environmental Review
Review of waste composition studies 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
The cost for MBC to perform each waste composition study is $2,250. These costs were budgeted in the FY 2023-24 Budget
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the November 14, 2023, Board of Directors
Study Session held at 290 Paularino Avenue and posted on the District's website at www.cmsdca.gov.
Alternative Actions
Refer item back to staff with further instructions.
File Attachments
Waste_Composition_Study_#3_08.10.2023.pdf (1,458 KB)
Waste_Composition_Study_#4_08.10.2023.pdf (1,590 KB)
Waste_Composition_Study_#5_10.05.2023.pdf (1,328 KB)
Waste_Composition_Study_#6_10.05.2023.pdf (1,757 KB)
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C. ITEMS OF STUDY
To: Board of Directors
Via: Scott Carroll, General Manager
From: Marissa Pereyda, Management Analyst II
Date: November 14, 2023
Subject: SB 1383 Contamination Monitoring and Enforcement
Summary
SB 1383 requires jurisdictions to perform contamination monitoring and provide education and outreach to customers when prohibited
container contaminants account for 25% or more of a customer's collection container contents. For example, trash in the organics
container is considered a prohibited container contaminant. Per SB 1383 guidelines, a jurisdiction, at its discretion, may decide to
impose penalties for contamination found in residential curbside containers, but jurisdictions are not required to penalize residential
customers for contaminating their curbside containers. Waste haulers may also impose contamination processing fees independent of
jurisdiction issued administrative fines.
Recommendation
That the Board of Directors direct staff on how to proceed with the District's SB 1383 contamination monitoring and enforcement plan.
Analysis
Enforcement of SB 1383 supports CalRecycle's efforts towards a 75% reduction of organic waste disposal by 2025. Staff conducts
regular education and outreach of SB 1383 requirements and how to properly sort organic materials and waste. However, education
alone may not incentivize participation from all CMSD customers, and monetary penalties may be required in some instances.
Therefore, staff proposes that a combination of CR&R contamination monitoring and contamination processing fees and District-issued
notices of violation (NOV) and administrative fines be utilized to enforce SB 1383 beginning January 1, 2024.
Section 6 of The First Amendment to Agreement Between Costa Mesa Sanitary District and CR&R Incorporated approved by the Board
of Directors on January 27, 2023, outlines CR&R's contamination monitoring protocol, including the assessment of contamination
processing fees. The agreement authorizes CR&R to issue a $25 contamination processing fee if prohibited container contaminants are
observed and documented on more than three occasions within a twelve-month period. In accordance with SB 1383’s contamination
threshold, a 25% or higher contamination level will be required to issue a courtesy pick-up notice and contamination processing fee.
CR&R will issue three courtesy pick-up notices prior to issuing a contamination processing fee. Each notice will include education on
properly sorting materials and accepted and prohibited materials for each container. Notices will state that following three consecutive
prohibited container contaminant courtesy pick-up notices issued by CR&R within a twelve-month period, each subsequent instance of
contamination will result in a $25 contamination processing fee. Customers will have an opportunity to contest the fee via CR&R's
administrative procedure. CR&R's notice and fee process is outlined below.
1. First courtesy notice - CR&R will attach a yellow-colored tag to the customer's contaminated container.
2. Second courtesy notice - CR&R will attach a red-colored tag to the customer's contaminated container.
3. Third courtesy notice - CR&R will send a letter to the service address informing the customer that a $25 contamination
processing fee will be assessed with the next occurrence of contamination.
4. First contamination processing fee - CR&R will attach a contamination processing fee notice to the customer's contaminated
container and mail an invoice to the property owner of record. Revenues from the contamination processing fee will be shared
by CR&R (20%) and the District (80%).
5. CR&R will continue to assess a $25 contamination processing fee for each instance of contamination following the first fee.
CR&R will provide the District with a monthly report of contamination monitoring activities, including any courtesy notices and
contamination processing fees issued to District customers. Following CR&R's issuance of a third contamination processing fee to a
customer, staff proposes that the District conduct contamination monitoring of that property. If District staff identifies and documents
contamination that accounts for 25% or more of the container's contents, the District will issue a NOV.
Chapter 7.03 of the District Operations Code, amended by Ordinance No. 133, approved by the Board of Directors on November 22,
2021, authorizes the District to issue a NOV to a resident and/or residential property owner found to have prohibited container
contaminants in a collection container. District staff will issue the NOV via cart tag and/or letter requiring compliance within 60 days of
Subject 3. SB 1383 Contamination Monitoring and Enforcement
Meeting Nov 14, 2023 - Board of Directors Study Session
Type Discussion
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issuance.
If the NOV is not corrected within 60 days, the District may issue an administrative citation as outlined in Chapter 1.06 of the District
Operations Code, also amended with the adoption of Ordinance No. 133. The first administrative fine for a violation of Chapter 7.03
shall not exceed $75. If the violation is not corrected, subsequent administrative citations may be issued. A second administrative fine
shall not exceed $150 and a third administrative fine shall not exceed $300. Administrative citations will include a description of the
procedure for requesting an administrative review to contest the administrative citation.
A summary of the contamination notices, fees, and fines and issuing party is included below.
First courtesy notice CR&R No fee
Second courtesy notice CR&R No fee
Third courtesy notice CR&R No fee
First contamination processing fee CR&R $25
Second contamination processing fee CR&R $25
Third contamination processing fee CR&R $25
Subsequent contamination processing fees CR&R $25 per occurrence
Notice of violation (NOV)CR&R No fee
First administrative fine CMSD $75
Second administrative fine CMSD $150
Third administrative fine CMSD $300
The proposed SB 1383 contamination monitoring and enforcement plan is presented to the Board for feedback and direction.
Legal Review
Not applicable.
Environmental Review
Considering a proposed SB 1383 enforcement plan 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
Contamination processing fees and administrative fines would generate revenue for the District. The annual amount is unknown at this
time.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the November 14, 2023, Board of Directors
Study Session held at 290 Paularino Avenue and posted on the District's website at www.cmsdca.gov.
Alternative Actions
Refer item back to staff with further instructions.
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C. ITEMS OF STUDY
To: Board of Directors
From: Scott Carroll, General Manager
Date: November 14, 2023
Subject: Mitigating Odors at Elden and President Pump Stations
Summary
On October 24, 2013, staff presented to the Board of Directors an odor control plan for pump stations that have historically received
odor complaints from the public. Attached is a copy of the October 24 staff report.
For the past ten years, the Odor Control Plan has been successful in reducing the number of complaints, but recently, odor complaints
have risen slightly at Elden Pump Station from the Santa Ana Country Club and a resident residing adjacent to President Pump Station
have issued complaints to staff regarding station odors.
Recommendation
That the Board of Directors receive and file this report.
Analysis
To mitigate odors at Elden and President Pump Station, staff installed carbon canisters at both stations. Inside the canisters are carbon
granules that captures the gasses and allows clean air to be vented into the atmosphere. The carbon canisters will need to be replaced
once a year by switching them out with new canisters. The canisters that are replaced are regenerated by the manufacturer.
President Pump Station Elden Pump Station
Subject 4. Mitigating Odors at Elden and President Pump Stations
Meeting Nov 14, 2023 - Board of Directors Study Session
Type Discussion
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Ventilation is also an effective way to implement pump station odor control. This method involves the use of exhaust fans and ductwork
to move the air out of the station and direct it up and away from the public. The direction of airflow is essential to ensure that the air is
properly handled and vented out of the station. The exhaust fan at the Elden Pump Station has been inoperable and needs to be
replaced, which could have been one of the factors causing odor complaints to increase. Design of the new fan is complete and soon,
staff will be soliciting bids to replace the existing fan with a new unit.
Cleaning the wet well is another method to control odors. The Elden Pump Station wet well is cleaned on a weekly basis.
As of October 30, 2023, officials from Santa Ana Country Club informed staff that members are still complaining about odors from Elden
Pump Station. On November 8, staff monitored hydrogen sulfide (H2S) levels inside the station's wet well. The gas monitor read H2S
levels 3 parts per million (ppm). In addition, staff monitored H2S levels from the manhole at the top end of the wet well and from the
station's upstream manhole and found the levels to be 2-5 ppm. According to the attached OSHA document, odor becomes more
offensive at 3-5 ppm. Staff plugged and sealed both manholes to ensure odors do not escape into the atmosphere and staff made sure
wet well doors and all openings at the station are sealed.
Legal Review
Not applicable
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
Total cost to procure two carbon canisters was $5,603 ($2,600 per canister). The canisters will have to be replaced once a year, so the
District will incur the cost of $5,603 annually.
Designing Elden's new exhaust fan was performed internally by the District Engineer. The construction cost to replace the exhaust fan
is estimated at $60,000, which includes the cost for electrical upgrades and a new electrical transformer. The District has $95,000
budgeted in the FY 2023-24 CIP budget for Elden Odor Project #347.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the November 14, 2023 Board of Directors study
session meeting at District Headquarters and on District's website.
Alternative Actions
1. Direct staff to report back with more information.
File Attachments
10-24-13 Lift Station Odor Control Plan Staff Report.pdf (735 KB)
Hydrogen Sulfide Levels.pdf (119 KB)
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C. ITEMS OF STUDY
To: Board of Directors
From: Scott Carroll, General Manager
Date: November 14, 2023
Subject: Permanent Generator at Harbor Pump Station
Summary
The Harbor Pump Station is located adjacent to 521 W Wilson Street (see attachment). It's located on a heavily traffic congested street,
adjacent to an apartment complex and El Campeon Mexican Restaurant. Across the street from the station is the Ocean Breeze
Laundry facility and Taco Bell restaurant. It's the district's second largest pump station that collects and transmits 1,660 gallons per
minute of wastewater during peak flow. It also has the shortest downtime before an SSO will occur. When the station experiences a
power outage, staff has little more than an one hour to transport and connect a portable generator.
Due to the density of private property, the district has limited options for installing a permanent generator.
Recommendation
That the Board of Directors receive and file this report.
Analysis
When the district decides on the best location for a permanent generator, it will likely be on private property. Installing the generator will
require the District acquisition of land or an easement. If the private property owner refuses to sell property or grant an easement,
and/or there is an impasse on the monetarily value of the property, the district may have to begin the eminent domain process.
The discussion for today's meeting is the type of generator the district should acquire. The district has three options.
1. Diesel engine
2. Natural gas engine
3. Fuel Cell/hydrogen gas engine
Diesel Engine Generator
This is the most common generator for backup power. However, diesel generators are heavily regulated by the South Coast Air Quality
Management District (AQMD), which requires obtaining permits from AQMD. The permits will stipulate how many hours a month
generators can operate, excluding emergencies. AQMD will fine agencies for surpassing the regulated operational hours of generators.
Due to the high density on Harbor and Wilson, it would be prudent to consider one of the environmentally friendly choices of generators
below.
Natural Gas Generator
Natural gas generators are considered environmentally-friendly due to emitting lower carbon dioxide emissions and other harmful
pollutants. Lower levels of sound pollution and odor are other benefits. The district does have one natural gas generator in its inventory
that's dedicated to the Irvine Pump Station. A natural gas generator was selected for the Irvine Pump Station because it's located on
the Back Bay Center Shopping Mall property (see picture below). A natural gas pipe is fed to the generator to ensure energy reliability.
The cost of natural gas generators is equivalent to diesel generators and AQMD permit is still required, but the permit is less stringent
than permits for diesel generators. The negative aspect to natural gas generators is the pipeline could be vulnerable to seismic activity.
A catastrophic earthquake could disrupt natural gas distribution, which would then require the transportation a portable generator to the
pump station. Fortunately, the district has enough portable generators to serve Irvine Pump Station and Harbor Pump Station if the
district decides to acquire another natural gas generator.
Subject 5. Permanent Generator at Harbor Pump Station
Meeting Nov 14, 2023 - Board of Directors Study Session
Type Discussion
12/7/23, 3:01 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#13/18
Irvine Pump Station Natural Gas Generator
Fuel Cell/Hydrogen Generator
This type of generator produce electricity in the fuel cell by mixing oxygen molecules from the air and hydrogen molecules from external
hydrogen canisters. It produces zero-emissions, odorless, and it's very quiet during operations. Fuel cell generators are not yet
accepted in the wastewater industry, as staff disseminated a listserv inquiry to find any agency who has experience with fuel cell
generators. No one responded to staff's inquiry. However, AQMD is considering drafting regulations that would require agencies to
replace diesel generators with fuel cell generators. Several disadvantages of fuel cell generators include the number of hydrogen
canisters that will be needed to power up the pumps and then there is the transportation of the canisters. Also, a lot of the currently
available fuel cell technology for generators is in the prototype stage and not yet validated. The cost of fuel cell generators is unknown,
but we have to assume it will be more than diesel and natural gas generators because the cost per unit of energy is more than other
sources because it's not widely available.
Legal Review
Not applicable
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
There is currently $104,000 budgeted in the FY 2023-24 & $420,000 budgeted in the FY 24-25 for the procurement and installation of a
permanent generator at the Harbor Pump Station.
Public Notice Process
12/7/23, 3:01 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#14/18
Copies of this report are on file and will be included with the entire agenda packet for the November 14, 2023, Board of Directors study
session meeting at District Headquarters and on District's website.
Alternative Actions
1. Direct staff to report back with more information.
File Attachments
Harbor PS Location.pdf (181 KB)
12/7/23, 3:01 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#15/18
C. ITEMS OF STUDY
To: Board of Directors
From: Scott Carroll, General Manager
Date: November 14, 2023
Subject: Review and Comment on Proposed Ordinance for Repealing and Reenacting Chapter 4.04 of CMSD's Operations
Code Pertaining to Purchasing Procedure and Authority
Summary
Staff have been working on a revision to the purchasing authority and procedures of the District. The main goal was to separate the
general purchasing authority, which is quite unlimited in the law, from the “public project” provisions, which are very limited and highly
regulated. Staff also sought to separate the exceptions to the general purchasing authority, which has broader exceptions, from the
“public project” exceptions, and most importantly, the emergency repair work exception, which is very regulated.
Recommendation
That the Board of Directors:
1. Review and comment on the proposed ordinance; and
2. Direct staff to bring the proposed ordinance to the January 10, 2024 Citizens Advisory Committee for review and comments; and
3. Direct staff to bring back the proposed ordinance to the January 22, 2024 Board of Directors meeting for adoption consideration.
Analysis
The changes by Chapter are summarized below:
4.04 General Purchasing
This Chapter broadens the authority to bid, and includes “best value” considerations. It further allows the bidding process to proceed
with:
-Any bidding procedure that serves the public interest: $15,000 or less.
-Direct bidding- quotes are obtained and a record kept: used for up to $60,000
-Informal bidding- a bid spec or similar it used: up to $125,000
-Formal bidding- a 14-day bid process, criterial for ranking: $125,000 and above
Emergency and other exceptions exist. These are broader than those required under the Public Contract Code for Public Projects.
4.05 Public Projects
This chapter is devoted to public projects, including construction of public works. This chapter incorporates the provisions of Public
Contract Code §22032, the Alternate Bidding Procedure allowed under state law. The dollar limits are similar to the general purchasing
chapter. The dollar limits may actually be set higher; the Board has determined to keep the limits lower but higher than what would
otherwise be allowed.
Less than $60,000 may be performed by negotiated bid or District’s own forces.
$60,000- $125,000 may use informal bidding procedures using the trade journals. 10 day’s notice of mailing required.
$125,000 or more- formal bidding using public notice and published notice, 14 days’ notice.
4.06 Emergency Public Project Work
Sets forth the detailed requirements for emergency work for public projects. These include a governing board resolution passed by a 4/5
vote, finding that the work must be done on an emergency basis. This action must be ratified/confirmed every 14 days. There is also
authority for the General Manager to declare the emergency, which must be reviewed by the Board within 7-14 days.
Subject 6. Review and Comment on Proposed Ordinance for Repealing and Reenacting
Chapter 4.04 of CMSD's Operations Code Pertaining to Purchasing Procedure and
Authority
Meeting Nov 14, 2023 - Board of Directors Study Session
Type Discussion
12/7/23, 3:01 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#16/18
Other Chapters
If the Board approves of these changes in concept, other confirming changes will need to be made to straighten out the numbering
system of other chapters.
Legal Review
District Counsel drafted the proposed ordinance and assisted with the preparation of the staff report.
Environmental Review
Considering repealing and reenacting an ordinance 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 adopting the ordinance.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the November 14, 2023 Board of Directors study
session meeting at District Headquarters and on District's website
Alternative Actions
1. Direct staff to report back with more information before January 22, 2024.
File Attachments
Ordinance re Adopting Comprehensive Purchasing Procedure and Authority edits 20231107.pdf (273 KB)
12/7/23, 3:01 PM BoardDocs® Pro
https://go.boarddocs.com/ca/cmsdca/Board.nsf/Public#17/18
D. CLOSING ITEMS
Subject 1. Oral Communications and Director Comments
Meeting Nov 14, 2023 - Board of Directors Study Session
Type
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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 12, 2023
in the District's Boardroom, located at 290 Paularino Avenue, Costa Mesa, CA 92626.
Subject 2. Adjournment
Meeting Nov 14, 2023 - Board of Directors Study Session
Type Procedural