2017_12_12_studyTuesday, December 12, 2017
Board of Directors Study Session
290 Paularino Avenue, Costa Mesa
9:30AM
A. OPENING ITEMS
(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.)
Subject 1. Roll Call
Meeting Dec 12, 2017 - Board of Directors Study Session
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Type Procedural
A. OPENING ITEMS
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 2. Public Comments
Meeting Dec 12, 2017 - Board of Directors Study Session
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Type Procedural
A. OPENING ITEMS
1. Proclamation to the Costa Mesa Historical Society for partnering with the Costa Mesa Sanitary District to provide exceptional historical
images for the Pump Station Art Wrap Program
Subject 3. Ceremonial Matters and Presentations
Meeting Dec 12, 2017 - Board of Directors Study Session
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Type Presentation
B. ITEMS OF STUDY
Subject 1. Receive Oral Report from Bill Nelson Regarding the Network for Homeless
Solutions
Meeting Dec 12, 2017 - Board of Directors Study Session
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Type Receive and File
B. ITEMS OF STUDY
File Attachments
November 2017 CEO report.pdf (1,390 KB)
Subject 2. November 2017 Code Enforcement Officer Report
Meeting Dec 12, 2017 - Board of Directors Study Session
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Type Receive and File
B. ITEMS OF STUDY
Summary
A total of 814.11 tons of organic waste were collected and recycled in November 2017.
Analysis
Below is a graph depicting the total tonnage of organic waste collected during each month of FY 2015-16, FY 2016-17
and FY 2017-18.
Subject 3. Organics Tonnage Report
Meeting Dec 12, 2017 - Board of Directors Study Session
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Type Receive and File
Legal Review
Not applicable.
Environmental Review
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 December 12, 2017 Board of
Directors Study Session meeting at District Headquarters and posted on the District’s website.
File Attachments
Nov Organics Recycling.png (20 KB)
Tonnage Summary.png (28 KB)
B. ITEMS OF STUDY
Summary
A total of 2,198.45 tons of solid waste were collected and recycled in November 2017.
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 five months at 61.05%. A total of 18,826.13 tons of solid waste materials have been
collected, of which 11,493.71 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 total tonnage of white goods for the month of November was not available in time to include in this
report. Attachment A is the fiscal year 2017-18 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 with the complete agenda packet for the December 12, 2017 Board
of Directors Study Session meeting at District Headquarters and posted on the District’s website.
File Attachments
CRR-OCC Diversion.pdf (67 KB)
Subject 4. Solid Waste Diversion Report
Meeting Dec 12, 2017 - Board of Directors Study Session
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Type Receive and File
Goals 2.00 Solid Waste
2.4 Develop Strategies for 75% Waste Diversion
B. ITEMS OF STUDY
Summary
Tabletop exercises are table-based activities typically held in an informal setting and presented by a facilitator. There is no hands-on
practice or field work. This type of exercise is intended to generate discussion of various issues regarding a hypothetical, simulated
emergency. Tabletops can be used to enhance general awareness, validate plans and procedures, rehearse concepts, and/or assess the
types of systems needed to guide the prevention of, protection from, mitigation of, response to, and recovery from a defined incident.
Delivered in a low-stress environment, the tabletop exercise offers participants the opportunity to explore different ideas in the context of
a real-world scenario. All participants are encouraged to contribute to the discussion and be reminded they are making decisions in a “no-
fault” environment.
Analysis
On November 28, 2017, all staff members at HQ, including District Engineer Rob Hamers and Wastewater Maintenance Superintendent
Steve Cano, participated in an Emergency Operations Center (EOC) tabletop exercise. The exercise emphasized procedures under the
Standardized Emergency Management System (SEMS) along with the role of each position in the EOC to ensure collaborative effort
among personnel on how information is gathered, processed, coordinated and distributed in response to, and recovery from a
catastrophic disaster. The exercise had three objectives.
1. To become familiar with role of each position within the EOC.
2. Learn the importance of each section in the EOC and the importance of effective communications.
3. Identify missing forms, equipment, supplies, etc. that would be needed during a disaster.
The scenario of the exercise is that at approximately 4:00 am, the San Andreas Fault experienced an 8.5 magnitude earthquake.
Damage to infrastructure is likely, but the extent of damages are unknown until staff can arrive and assess the situation. The exercise
guidelines were as follows:
The exercise is held in an open, low-stress, no-fault environment. Varying viewpoints, even disagreements, are expected.
Employees responded to the scenario using EOC position checklist in CMSD's Emergency Operations Plan, as well as their
knowledge of current plans and capabilities and insights derived from their previous experience and training.
Decisions are not precedent setting and may not reflect CMSDs final position on a given issue. This exercise is an opportunity to
discuss how EOCs operates and communicates internally and externally
Issue identification is not as valuable as suggestions and recommended actions that could improve response and protection
efforts. Problem-solving efforts should be the focus.
Questions are encouraged.
All employees received information at the same time.
Staff may move around the EOC to write on the white board, tack forms on the wall, write on maps, obtain supplies and/or to meet
with other EOC staff members.
Attached is the Tabletop Exercise Overview along with three different scenarios staff responded to. The exercise was facilitated by the
general manager. Staff believes the exercise achieved the objectives mentioned above by having upbeat discussions regarding the roles
and responsibilities everyone will have in the EOC. At the end of the exercise a checklist of action items were created that staff is
attempting to complete by the end of December 2017.
1. Establish a voice mail system in the EOC so that staff can leave messages regarding the status of their family and their estimated time
of arrival to the EOC.
2. Install emergency lights in the lobby, EOC and EOC hallway. The lights will turn when there is a power outage.
3. Make a sign warning staff if the HQ building is deemed not safe to occupy. If HQ is deemed unsafe to occupy then staff will report to
the Yard where the alternate EOC is located.
4. Make sure the carbon monoxide detector is calibrated and working properly. for broken gas line.
5. Create check list of tasks to perform for first employee to arrive in the EOC
6. Make sure City of Newport Beach and Costa Mesa has CMSD EOC phone numbers
7. Make a large poster map of Costa Mesa streets and location of pump stations. Affix the poster to the EOC wall.
8. Obtain plywood to board up windows if broken after a disaster to secure CMSD facilities.
9. Create FEMA forms on the computer
10. Research obtaining meals ready to eat (MRE) for 72 hours
11. Maintain a minimum of 3 cases of water at Yard and HQ
Subject 6. CMSD Emergency Operations Center (EOC) Tabletop Exercise Debriefing
Meeting Dec 12, 2017 - Board of Directors Study Session
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Type Discussion
12. Make poster size spreadsheet describing gas consumption used at generators and by-pass pumps. Affix the poster to the EOC wall.
The information will inform staff when the emergency equipment is expected to run out of fuel
13. Contact Water Emergency Response Organization of Orange County (WEROC) to find out where the agency's fuel trailers are
located.
14. Make arrangements with City of Newport Beach and City of Costa Mesa to access fuel in the event of an emergency.
15. Prepare a list of emergency contractors and maintain the list in the EOC.
16. Need Purchase Order relationships; obtain an open account with Home Depot, Ganahl and ACE Hardware.
17. Prepare emergency contracts with fuel distributors.
18. Make sure City of Newport Beach and City of Costa Mesa, WEROC and Orange County Sanitation District have all
CMSD's EOC updated information.
19. Obtain OCSD EOC numbers and maintain the numbers in the EOC.
20. Develop boiler plate emergency agreements
21. Make copies of Major Emergency Response Plan for pump stations.
22. Maintain code for the server room in the EOC.
23. Make a Yard gate key for everyone and install a lock box outside of Yard building with one key for the building.
24. Coordinate a walk through on how to open the Yard Gate, lock box, and disarm the alarm of the Yard.
25. Schedule next EOC tabletop training at the Yard.
Legal Review
Not applicable
Environmental Review
Emergency Operations Center tabletop exercise 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
There were no financial impacts to the District for conducting an EOC tabletop exercise.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the December 12, 2017 Board of Directors
Study Session meeting at District Headquarters and posted on the District’s website at www.cmsdca.gov.
Alternative Actions
Refer the matter back to staff.
File Attachments
Tabletop Exercise 11-28-17.pdf (162 KB)
B. ITEMS OF STUDY
Summary
The FY 2017-18 Budget includes funding for installing a solar photovoltaic system on the rooftop of headquarters and repairing the roof.
Staff solicited bids and two bids were received, however both exceeded the available budgeted. Staff has found both bids to be non-
responsive and is recommending the Board adopt Resolution No. 2017-905 rejecting any and all bids regarding the Solar Photovoltaic
System with Battery Storage and Roof Repairs at CMSD Headquarters.
Recommendation
That the Board of Directors adopt Resolution No. 2017-905 rejecting rejecting any and all bids regarding the Solar Photovoltaic System
with Battery Storage and Roof Repairs at CMSD Headquarters
Analysis
Staff solicited both projects as one bid where solar vendors would be the prime contractor and a roofing company would be their
subcontractor or vice versa. For the solar photovoltaic system the project included a solar-plus-storage system that can provide critical
load support to keep HQ running in the event of grid outages due to rolling blackouts, brownouts or severe weather events. The storage
system would keep HQ operating for 2.5 hours, which is enough time to transport and connect a mobile generator to HQ for outages
longer than 2.5 hours.
On November 14, 2017 staff scheduled a mandatory pre-bid meeting in which nine vendors/contractors from solar and roofing companies
attended. Bids were due and opened on November 30, 2017; however, only two bids were received. The bids are as follows:
Baker Electric - $282,540.57
Precision Electric - $451,307.00
After further review, staff found both bids to be non-responsive. For instance, due to costs for the solar-plus storage system Baker
Electric is unable to install the necessary solar panels on the rooftop to reduce CMSD's energy costs by sixty to eighty percent and stay
within CMSD's adopted budget for the project. Precision Electric bid included a full demo and replacement of the roof, which is not
necessary nor was it required in the bid specifications.
Staff is recommending the Board adopt Resolution No. 2017-905 rejecting any and all bids regarding the Solar Photovoltaic
System with Battery Storage and Roof Repairs at CMSD Headquarters. Staff will bid the solar project and roofing repairs
separately. Also, the solar plus storage system will be omitted from the bid specifications. It is hopeful that in a few years the costs for
solar plus storage systems will decrease and CMSD could then install a storage system.
Legal Review
District Counsel reviewed and approved Resolution No. 2017-905
Environmental Review
Roof repairs is exempt from CEQA as a Class 1 Existing Facility maintenance item and adding solar panels is exempt
from CEQA as a Class 1 Existing Facility minor alteration of existing structure.
Financial Review
The FY 2017-18 adopted budget includes $180,000 for Solar Panels and $81,000 for roof repairs at the District Headquarters for a total
of $261,000.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the December 12, 2017 Board of Directors study
session meeting at District Headquarters and posted on the District’s website at www.cmsdca.gov.
Subject 7. Consider Adopting Resolution No. 2017-905 Rejecting Any and All Bids Regarding
the Solar Photovoltaic System with Battery Storage and Roof Repairs at CMSD
Headquarters
Meeting Dec 12, 2017 - Board of Directors Study Session
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Type Action
Recommended Action That the Board of Directors adopt Resolution No. 2017-905 rejecting any and all bids
regarding the Solar Photovoltaic System with Battery Storage and Roof Repairs at CMSD
Headquarters
Alternative Actions
1. Do not adopt Resolution No. 2017-905
2. Direct staff to report back with more information.
File Attachments
RESOLUTION NO. 2017-905 Rejecting Bids.docx (14 KB)
B. ITEMS OF STUDY
Summary
Per Section 40 of the Agreement, the “DISTRICT shall complete a yearly performance review of the trash collection and recycling
program on a yearly basis and CONTRACTOR and DISTRICT shall meet to discuss and resolve problems that may be occurring in the
programs. DISTRICT shall prepare a performance review form that allows for evaluation of services provided at the residences as well as
administrative services including report preparation, accuracy, and timeliness of transmittal, responsiveness to inquiries, database
management, service levels and helpfulness.”
Staff is providing the Board of Directors with the results of the yearly performance review for FY 2016-17.
Analysis
The evaluation term was July 1, 2016 to June 30, 2017. The performance was evaluated on the following grading scale: Excellent,
Satisfactory, Unsatisfactory, and Not Applicable. Staff reviewed CR&R's performance in six areas and made the following findings:
1. Cost/Price Control: The standard per-unit net-to-hauler payment for the review period increased to $17.94 from $17.13 in FY 2015-
16, due to per-ton processing charge increase for organics. CR&R's increased net-to-hauler calculation is $0.27 below the required
County average of $16.56 plus 10% for a maximum rate allowed of $18.21. The average excludes Laguna Woods per our agreement,
therefore, CR&R is in compliance with maintaining the "most favorable" net-to-hauler rate for the District.
2. Schedule Control: District staff tracks hauler complaints using GovOutreach software for complaints submitted through the District's
mobile and web application as well as a complaint log staff maintains for complaints received via email and phone calls. According
District records a total of 61 missed curbside pickup complaints were received in fiscal year 16-17 but staff believes that the actual
number is much higher. The month of April had the highest recorded complaints with 11, but in comparison, CR&R only reported a total of
26 missed pickups for the entire year and zero complaints in the month of April. While staff is concerned about the increase number of
missed collections, it is still less than 1% of the 22,518 units CR&R collects every week. At the end of CR&R's performance review, which
is attached hereto, is CR&R's response to logging complaints.
3. Contract Administration: CR&R promptly sends District staff month-end reports (weight tickets, occupancy reports, HHW work orders
and complaint log) for processing, but there has been an ongoing issue with invoices being incorrect. Weight tickets are checked against
invoices for accuracy and they always check out, but invoice totals have been consistently off by a few cents to several dollars during FY
16-17. The accounting issue has been discussed with CR&R staff, but the District has been told to pay the amount that staff thinks is
correct.
4. Responsiveness to Government: Overall, CR&R is responsive to District requests and calls. In regards to public outreach, CR&R
provided special event trash boxes for community events such as Concerts in the Parks series, the Costa Mesa Community Run, the
Lions Club Fish Fry, and the City of Costa Mesa's Action Arts in the Park. Additionally, CR&R provided a bale of aluminum cans for the
annual "Count the Cans" contest at the Costa Mesa Community Run. For Christmas tree collections, District staff received numerous
complaints about missed Christmas tree pickups in the weeks following New Year's Day because both holidays fell on a Sunday.
CMSD published the service date as a day delay, but trash collection was serviced as a normal work week. After learning there was no
delay in trash collection staff made the correction on the website and social media. The extent of missed pickups attracted media
attention and negative feedback on social media. The Board of Directors also received complaints directly from members of the public.
CR&R's Sustainability Specialist at the time, was unresponsive to several attempts from District staff to make contact and obtain updates
regarding the Christmas tree collection issues. CR&R attempted to mitigate confusion by conducting robo calls over Christmas weekend;
however, there was still confusion among residents regarding the collection schedule.
5. Contract Compliance with Operational Requirements: The Master Manifest substantiates a 59.44% diversion rate for the audit
period; therefore CR&R has met the required 50% diversion rate, as requested in the Agreement.
6. Key Personnel: CMSD's consultant, Michael Balliet Consulting, LLC (MBC) confirmed that CR&R continuously maintains their
employee policy, and is therefore found in compliance. In February 2017, CR&R agreed to replace their representative to CMSD, after
CMSD made such request. The new CR&R Representative is very cooperative and responds to CMSD's inquiries in a timely manner.
Subject 8. CR&R Performance Review
Meeting Dec 12, 2017 - Board of Directors Study Session
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Type Receive and File
Goals 2.00 Solid Waste
2.2 Annual Contract Audits
In addition, MBC provided a partial compliance review of 26 specified items per agreement requirements. The review, attached to this
report, found that CR&R exhibited a perfect level of compliance, passing 26 of 26 areas of review.
Legal Review
Not Applicable.
Environmental Review
A performance review of CR&R in and of itself 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. The programs of CR&R, such as the organics
programs, receive individual CEQA review when they are initiated or revised.
Financial Review
The cost to perform the partial compliance audit review by Michael Balliet is $3,990. This cost was approved in the FY 2017-18 Budget.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the December 12, 2017 Board of Directors
regular meeting at District Headquarters and posted on the District’s website at www.cmsdca.gov.
Alternative Actions
Refer item back to staff with further instructions.
File Attachments
Mike Balliet Final Report FY16-17.pdf (806 KB)
CR&R Performance Evaluation FY 16-17.pdf (4,354 KB)
B. ITEMS OF STUDY
Summary
With the passage of AB 341 in 2012, Governor Brown and the legislature established a policy goal for the state that no
less than 75% of solid waste generated be source reduced, recycled, or composted by the year 2020. Later that year,
CMSD conducted a community survey and learned that 81.6% of the 1,000 residents surveyed supported increasing
solid waste diversion away from landfills to 75%. As a result of AB 341 and the 2012 community survey, on April 10,
2013, the Board of Directors established a goal of diverting 75% of the waste stream, away from landfills by 2015 and
diverting 90% by 2020, which was adopted in FY 2015-20 Strategic Plan at the May 28, 2015 Board meeting.
This report summarizes the progress CMSD and the City of Costa Mesa have made to achieve the statewide 75%
recycling goal.
Staff Recommendation
That the Board of Directors receive and file this report.
Analysis
Per direction from the Board of Directors, District staff reached out to the City of Costa Mesa to further understand
where we stand as a community in terms of achieving the statewide 75% recycling goal. Using data from the City of
Costa Mesa, staff has calculated the overall diversion rate at approximately 70%.
The legislature and Governor Brown set an ambitious goal of 75% recycling, composting or source reduction of solid
waste by 2020 calling for the state and Department of Resources Recycling and Recovery (CalRecycle) to take a
statewide approach to decreasing California's reliance on landfills. It is important to note that the statewide goal is a
recycling goal, not a diversion goal. To measure statewide progress, CalRecycle uses the term "recycling" for a range of
activities related to source reduction, recycling and composting. Waste-to-energy processes, alternative
daily/intermediate cover, and other beneficial reuse at landfills is not included as "recycling" to measure progress
toward 75%.
While the Costa Mesa Sanitary District provides solid waste services to all single-family and some multi-family homes,
the City of Costa Mesa's non-exclusive waste hauling franchise allows A-Tier franchised haulers to provide services to
multi-family, commercial, and industrial accounts and holds them to an overall 50% diversion standard. The State
stopped calculating City diversion rates in 2006 and switched to a per-capita measurement basis of disposal reduction
in 2007. The purpose of the per capita disposal measurement system is to make the process of goal measurement
simpler, more timely, and more accurate. This measurement uses two factors: a jurisdiction's population and its
disposal as reported by disposal facilities, so it calculates pounds of waste per person per day.
Table 1 below shows community-wide diversion rate from 2000 to 2006 and the approximate per capita measurement
from 2007 to 2016.
Subject 5. Community Wide Diversion Report
Meeting Dec 12, 2017 - Board of Directors Study Session
Access Public
Type Receive and File
Goals 2.00 Solid Waste
2.4 Develop Strategies for 75% Waste Diversion
The City of Costa Mesa compiles their data on a calendar year basis, which mirrors State-reporting requirements.
Table's 2, 3 and 4 reflect the data for the three most recent calendar years. The format for the calendar year 2016
changed to include more information that they are required to track.
Residential Franchise CMSD service area
City Franchise Multi-family, Commercial and Industrial
Self-Haul/ State
Facilities
Landscapers, Roofers/Schools, Hospital &
Fairgrounds
The City of Costa Mesa does not collect diversion data from private recyclers operating in their franchise area.
Currently, the City is in the process of introducing an ordinance to regulate and allow landscapers and roofers to legally
haul and report to the City how much they are disposing of. In conclusion, both CMSD and the City of Costa Mesa are
on track to reach the 75% statewide recycling goal.
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 with the complete agenda packet for the December 12, 2017, Board
of Directors Study Session meeting at District Headquarters and posted on the District’s website.
File Attachments
Table 1.png (9 KB)
Tables 2, 3, & 4.png (23 KB)
C. ADJOURN TO CLOSED SESSION
Subject 1. Conference with Legal Counsel - Existing Litigation Government Code
§54956.9(d)(1) - The Costa Mesa Sanitary District v. Mesa Water District - OCSC
No. 30-2017-00923819-CU-PT-CJC
Meeting Dec 12, 2017 - Board of Directors Study Session
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Type
D. RECONVENE TO OPEN SESSION
Summary
Analysis
Legal Review
Environmental Review
Financial Review
Public Notice Process
Alternative Actions
Subject 1. Reconvene to Open Session and Report Out
Meeting Dec 12, 2017 - Board of Directors Study Session
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Type
E. CLOSING ITEMS
Subject 1. Oral Communications & Director Comments
Meeting Dec 12, 2017 - Board of Directors Study Session
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Type Procedural
E. CLOSING ITEMS
THE NEXT STUDY SESSION OF THE COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS WILL BE HELD ON
TUESDAY, JANUARY 9, 2018 AT 9:30 A.M. IN THE DISTRICT'S BOARD ROOM, 290 PAULARINO AVENUE, COSTA MESA.
Subject 2. Adjournment
Meeting Dec 12, 2017 - Board of Directors Study Session
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Type Procedural