Reso 2024-997RESOLUTION NO.2024-997
A RESOLUTION OF THE COSTA MESA SANITARY DISTRICT BOARD OF
DIRECTORS CONFIRMING AN EMERGENCY AND RATIFYING AN ORDER OF THE
GENERAL MANAGER TO REPLACE CRITRICAL INFRASTRUCTURE OF THE
SOUTH COAST PLAZA PUMP STATION
WHEREAS, since 1996 the District has owned and operated a wastewater
pumping station that is located on the South Coast Plaza site, which is private property;
and
WHEREAS, in February 2024, the flow rate at South Coast Plaza Pump Station
more than doubled due to excess water entering the station; and
WHEREAS, District staff determined the additional flow of water was coming
from a twenty foot long eight inch ductile iron pipe that had two large corrosion defects;
and
WHEREAS, the defective pipeline had been maintained by the District and staff
was cleaning the pipeline on a regular basis; and
WHEREAS, the District Engineer determined the pipeline belongs in the District
inventory and therefore the pipeline needs immediate rehabilitation; and
WHEREAS, on March 24, 2024, the Board of Directors approved a CIP budget
adjustment and created Project #355, South Coast Plaza Urgent Capital Repair for
$120,000; and
WHEREAS, on August 14, 2024, the District's contractor was performing
preparation work before relining the eight -inch pipeline could begin, when approximately
four feet of the pipeline collapsed and completely failed; and
WHEREAS, it was determined by District staff that this situation involves a clear
and imminent threat, demanding immediate action to prevent or mitigate loss of, or
damage to, life, health, property and essential public services; and
WHEREAS, the District's General Manager has been provided with authority to
order emergency action when such conditions exist; and
Costa Mesa Sanitary District
Resolution No. 2024-997
Page 2 of 2
WHEREAS, the General Manager has reviewed the facts and determined that
such conditions exist and has declared Project #355 an emergency justifying immediate
repair without bidding in accordance with CMSD Operations Code Section 4.06.020(f)
and Section 22020(b)(3) of the California Public Contract Code.
WHEREAS, that order must be reviewed by the Board of Directors; and
WHEREAS, the California Environmental Quality Act establishes a statutory
exemption for emergency repairs to public service facilities necessary to maintain
service, and other specific actions necessary to prevent or mitigate an emergency.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Costa Mesa
Sanitary District as follows:
1. The Board finds, pursuant to CMSD Operations Code Section 4.06.020(f) and
Section 22020(b)(3) of the California Public Contract Code that based on
substantial evidence presented before the Board, an emergency existed and
exists for Project #355 that required and requires immediate action to procure
the necessary equipment, services and supplies to prevent or mitigate loss of,
or damage to, life, health, property and essential public services.
2. The Board will review the status of the emergency at each subsequent
regular meeting of the Board of Directors and vote to authorize continuation of
this Resolution until the emergency action is completed.
PASSED and ADOPTED on this 26th day of August 2024, by the Board of Directors of
the Costa Mesa Sanitary District by the following vote (4/5 vote required for passage):
AYES: '; Members: 9C �"R*J pub , 0016l , q641-1
NOES:0 Members:
ABSTAIN: D Members
Secretary, Costa Mesa Sanitary istri President, Cost Mesa Sanitary District
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, Noelani Middenway, District Clerk of the Costa Mesa Sanitary District, hereby
certify that the above and foregoing Resolution No. 2024-997, was duly and regularly
passed and adopted by said Board of Directors at a regular meeting thereof held on the
26th day of August 2024, by the following vote:
AYES: Scheafer, Schafer, Perry, Ooten, Eckles
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
Costa Mesa Sanitary District, this 26th day of August 2024.
4
Clerk of the C fa sa nitary District