2018_10_09_studyTuesday, October 9, 2018
Board of Directors Study Session
290 Paularino Avenue, Costa Mesa at 9:30AM
Public Comments: Any member of the public may address the Board. Speakers on agenda items
should identify themselves to the District Clerk before the meeting so that their input can be
provided at the time the item is considered. Speakers on non-agenda items will be heard under
Public Comments. Pursuant to State law, the Board may not discuss or take action on non-agenda
items except under special circumstances. Speakers must limit their remarks to four minutes or as
decided upon by the Presiding Officer. The Presiding Officer reserves the right to declare any
speaker out of order.
Obtaining Agenda Materials: The public is entitled to copies of all documents that are made part of
the agenda packet. If any document or other writing pertaining to an agenda item is distributed to
all or a majority of the Board after the packet is prepared, a copy of that writing may be obtained at
the District offices at 290 Paularino Avenue, Costa Mesa, California.
In Compliance with ADA: Contact 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. Call to Order
2. Roll Call - (If absences occur, consider whether to deem those absences excused based on facts presented for the
absence – such determination shall be the permission required by law.)
B. PUBLIC COMMENTS - This time has been set aside for persons in the audience to make comments on items
within the subject matter jurisdiction of the Costa Mesa Sanitary District that are not listed on this agenda.
Members of the public will have the opportunity to address the Board of Directors about all other items on
this agenda at the time those items are considered. Under the provisions of the Brown Act, the Board of
Directors is prohibited from taking action on oral requests but may refer the matter to staff or to a
subsequent meeting. The Board of Directors will respond after public comment has been received. Please
state your name. Each speaker will be limited to four (4) continuous minutes.
1. Public Comments
C. ITEMS OF STUDY
1. September 2018 Code Enforcement Officer Report
2. Organics Tonnage Report
3. Solid Waste Diversion Report
4. Independent Special Districts of Orange County (ISDOC) Election of Officers
5. Quarterly Legislative Update
6. #318 President Pump Station Reconstruction - Bid Opening and Rejection of Bids - Discussion on Options Moving
Forward - Review of 3 Designs
7. CMSD 75th Anniversary - Consider Creating an Ad Hoc Committee on How to Celebrate CMSD's 75th Anniversary
D. CLOSED SESSION
1. Adjourn to Closed Session - CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION - Significant exposure
to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (1 number of potential cases)
2. Reconvene to Open Session and Report of Action Taken
E. CLOSING ITEMS
1. Oral Communications and Director Comments
2. Adjournment
Tuesday, October 9, 2018
Board of Directors Study Session
290 Paularino Avenue, Costa Mesa at 9:30AM
Public Comments: Any member of the public may address the Board. Speakers on agenda items
should identify themselves to the District Clerk before the meeting so that their input can be
provided at the time the item is considered. Speakers on non-agenda items will be heard under
Public Comments. Pursuant to State law, the Board may not discuss or take action on non-agenda
items except under special circumstances. Speakers must limit their remarks to four minutes or as
decided upon by the Presiding Officer. The Presiding Officer reserves the right to declare any
speaker out of order.
Obtaining Agenda Materials: The public is entitled to copies of all documents that are made part of
the agenda packet. If any document or other writing pertaining to an agenda item is distributed to
all or a majority of the Board after the packet is prepared, a copy of that writing may be obtained at
the District offices at 290 Paularino Avenue, Costa Mesa, California.
In Compliance with ADA: Contact 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. Call to Order
Meeting Oct 9, 2018 - Board of Directors Study Session
Access Public
Type Procedural
A. OPENING ITEMS
Michael Scheafer, President
James Ferryman, Vice President
Arlene Schafer, Secretary
Robert Ooten, Assistant Secretary
Arthur Perry, Director
Subject 2. 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 Oct 9, 2018 - Board of Directors Study Session
Access Public
Type Procedural
B. PUBLIC COMMENTS - This time has been set aside for persons in the audience
to make comments on items within the subject matter jurisdiction of the Costa
Mesa Sanitary District that are not listed on this agenda. Members of the public
will have the opportunity to address the Board of Directors about all other items
on this agenda at the time those items are considered. Under the provisions of
the Brown Act, the Board of Directors is prohibited from taking action on oral
requests but may refer the matter to staff or to a subsequent meeting. The Board
of Directors will respond after public comment has been received. Please state
your name. Each speaker will be limited to four (4) continuous minutes.
Subject 1. Public Comments
Meeting Oct 9, 2018 - Board of Directors Study Session
Access Public
Type Procedural
C. ITEMS OF STUDY
To: Board of Directors
Via: Scott Carroll, General Manager
From: Ed Roberts, Code Enforcement Officer
Date: October 9, 2018
Subject: September 2018 Code Enforcement Report
Summary
Attached is the monthly report from Officer Roberts describing his enforcement activities for the month of
September regarding scavenging of recyclable materials, trash carts stored in public view and graffiti on trash carts.
Recommendation
That the Board of Directors receive and file this report.
Analysis
In the month of September, Officer Roberts approached five (5) individuals he observed scavenging from CMSD trash
carts. In the same month he issued 114 warning notices to residents storing their trash carts in public view. Officer
Roberts found no graffiti on trash carts in the month of September.
Officer Roberts enforcement activities are described in more detail in the attached report.
Legal Review
Not applicable.
Environmental Review
Code enforcement activities and reporting are not a disturbance of the environment similar to grading or construction
and do not constitute a project under CEQA or the District’s CEQA Guidelines.
Financial Review
Officer Roberts' activities are funded in the adopted budget.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the October 9, 2018 Board of
Directors Study Session meeting at District Headquarters and posted on the District’s website.
Alternative Actions
1. Direct staff to report back with more information.
File Attachments
September 2018 CEO report.doc (1,208 KB)
Administrative File Attachments
September 2018 CEO report.doc (1,208 KB)
Subject 1. September 2018 Code Enforcement Officer Report
Meeting Oct 9, 2018 - Board of Directors Study Session
Access Public
Type Receive and File
C. ITEMS OF STUDY
To: Board of Directors
Via: Scott Carroll, General Manager
From: Nabila Guzman, Management Analyst I
Date: October 9, 2018
Subject: Organics Tonnage Report
Summary
A total of 752.24 tons of organic waste were collected and recycled in September 2018.
Staff Recommendation
That the Board of Directors receives and file this report.
Analysis
Below is a graph depicting the total tonnage of organic waste collected during each month of the last three fiscal years.
Subject 2. Organics Tonnage Report
Meeting Oct 9, 2018 - Board of Directors Study Session
Access Public
Type Action, Receive and File
Recommended Action That the Board of Directors receive and file this report.
Goals 2.00 Solid Waste
2.5 Monitor advancements and technology in the solid waste industry
File Attachments
organics tonnage.png (20 KB)
Tonnage.png (25 KB)
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 October 9, 2018 Board of
Directors Study Session meeting at District Headquarters and posted on the District’s website.
C. ITEMS OF STUDY
To: Board of Directors
Via: Scott Carroll, General Manager
From: Nabila Guzman, Management Analyst I
Date: October 9, 2018
Subject: Solid Waste Diversion Report
Summary
A total of 2,016.72 tons of solid waste were collected and recycled in September 2018.
Staff Recommendation
That the Board of Directors receive and file this report.
Analysis
Using data from CR&R's Recycling Report and OCC's Recycling Center Recycling Report, staff has calculated the
diversion rate for the last three months at 62.64%. A total of 11,452.26 tons of solid waste materials have been
collected, of which 7,173.48 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 September was not available in time to include in this report.
However, these numbers will be included in the October report. Attachment A is the fiscal year 2018-19 diversion rate
support.
Legal Review
Not applicable.
Environmental Review
Consideration of the Solid Waste Diversion Report is an administrative matter and not a disturbance of the environment
similar to grading or construction and not a project under CEQA or the District’s CEQA Guidelines.
Financial Review
Not applicable.
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the October 9, 2018 Board of
Directors Study Session meeting at District Headquarters and posted on the District’s website.
Alternative Action
1. Direct staff to report back with more information
File Attachments
CRR-OCC Diversion.pdf (68 KB)
Subject 3. Solid Waste Diversion Report
Meeting Oct 9, 2018 - Board of Directors Study Session
Access Public
Type Action, Receive and File
Recommended Action That the Board of Directors receive and file this report.
Goals 2.00 Solid Waste
C. ITEMS OF STUDY
File Attachments
isdoc_ballot_coverletter_2018.pdf (36 KB)
isdoc_ballot_2018.pdf (18 KB)
Subject 4. Independent Special Districts of Orange County (ISDOC) Election of Officers
Meeting Oct 9, 2018 - Board of Directors Study Session
Access Public
Type Action
Recommended Action That the Board of Directors vote for one candidate for the seat of ISDOC President, and one
candidate for the seat of ISDOC First Vice President.
C. ITEMS OF STUDY
To: Board of Directors
Via: Scott Carroll, General Manager
From: Gina Terraneo, Management Analyst II
Date: October 9, 2018
Subject: Quarterly Legislative Update
Summary
The Quarterly Legislative Update provides the Board of Directors with analyses of measures pending in Sacramento that are of interest to
the District. On July 22, 2010, the Board of Directors gave authority to the President to write support and/or opposition letters on behalf of
the Board if that position has been taken by an agency the District is a member of. For all other bills, staff recommendations for formal
District positions on legislation will be agendized and presented for Board action at their regular Board of Directors meetings. When the
Board takes formal action on a piece of legislation, the President will advocate the support or opposition of individual bills as approved by
the Board. This Legislative Analysis also provides the Board of Directors with informative updates on State issues.
Recommendation
That the Board of Directors receive and file the Quarterly Legislative Update.
Analysis
September 30, 2018 was the deadline for Governor Brown to sign or veto bills passed by the Legislature. The attachment titled
"Legislative Analysis Quarterly Report," includes summaries of the following notable bills:
CHAPTERED BILLS
AB 1884 (Calderon) Food facilities: single-use plastic straws
AB 1933 (Maienschein) Greenhouse Gas Reduction Fund: recycling infrastructure projects
AB 1976 (Limón) Employment: lactation accommodation
AB 2115 (Santiago) Vehicles: passing and overtaking: waste service vehicles
AB 2123 (Cervantes) District-based elections
AB 2770 (Irwin) Privileged communications: communications by former employer: sexual harassment
SB 212 (Jackson) Solid waste: pharmaceutical and sharps waste stewardship
SB 532 (Dodd) Emergency services: state of emergency: cyberterrorism
SB 820 (Leyva) Settlement agreements: confidentiality
SB 929 (McGuire) Special districts: Internet Web sites
SB 1300 (Jackson) Unlawful employment practices: discrimination and harassment
SB 1343 (Mitchell) Employers: sexual harassment training: requirements
SB 1413 (Nielsen) Public employees’ retirement: pension prefunding
DEAD BILLS
AB 2065 (Ting) Local agencies: surplus land
AB 2069 (Bonta) Medicinal cannabis: employment discrimination
AB 2890 (Ting) Land use: accessory dwelling units
SB 831 (Wieckowski) Land use: accessory dwelling units
Legal Review
Not applicable.
Environmental Review
Subject 5. Quarterly Legislative Update
Meeting Oct 9, 2018 - Board of Directors Study Session
Access Public
Type Action, Receive and File
Recommended Action That the Board of Directors receive and file the Quarterly Legislative Update.
Goals 5.3 Stay informed on applicable federal, state and regional regulations
Consideration of pending legislation is an administrative matter and is exempt from the requirements of the California Environmental
Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its
own procedures “to list those specific activities which fall within each of the exempt classes”, and the District has adopted “CEQA
Guidelines and Implementing Procedures” that state on page 6 ”Projects” does not include …. C. Continuing administrative or
maintenance activities.”
Financial Review
Not applicable.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for the October 9, 2018 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
Legislative Analysis Quarterly Report.pdf (92 KB)
C. ITEMS OF STUDY
To: Board of Directors
From: Rob Hamers, District Engineer
Date: October 9, 2018
Subject: #318 President Pump Station Reconstruction
Bid Opening and Rejection of Bids
Discussion on Options Moving Forward
Review of 3 Designs
Summary
The project was initiated after the west side pumping station abandonment program was canceled and will reconstruct the President
Pump Station to bring it into conformance with today’s District standards. The existing wet well-dry well pump station would be replaced
by a typical submersible pump station, and in addition to the regular features of such a station, a large emergency storage vault would be
added along with a permanently mounted emergency diesel generator.
However, the bids came in significantly above the engineer’s estimate to the point that a re-design of the new station might be
advantageous to lower the cost closer to the project budget. The current engineer’s estimate is $1.45 million while the low bid was $1.95
million. Reasons for the high bids are included in the analysis section below. For an additional engineering design fee of $48,350 the
District can save approximately $800,000 in construction costs.
Recommendation
The Board of Directors:
1. Reject all bids based on the high cost of the low bid and the lack of funds in the budget.
2A. Direct the General Manager to work with Finance to obtain additional funding in the amount of $802,000 to re-bid the project with
the current plans and specifications. Please refer to the attached Alternative 01 (the current design) for the site plan. The expected
low bid is $2.2 million and an additional 10% is reserved for construction contingencies and an additional 10% is reserved for
contract administration and inspection.
or
2B. Direct the General Manager and District Engineer to re-design the proposed pump station improvements to achieve a
construction cost in line with the original engineer’s estimate of $1.45 million. Under this option, no additional funding is needed. The
site plan for this option is shown in attached Alternative 02.
or
2C. Direct the General Manager and District Engineer to revise the Alternative 01 plans to reduce cost by relocating the emergency
storage vault so the incoming sewer main does not need relocation. The depth of the station will be reduced to less than 20 feet
deep. The resulting design is shown in the attached Alternative 03 and the construction cost is probably close to $2 million.
Analysis
Bids were opened on August 29, 2018 and the results were as follows:
Engineer’s Estimate $1,445,700
GCI Construction, Inc. $1,947,089
Pyramid Builders, Inc. $2,352,005
Pacific Hydrotech, Inc. $2,727,200
Subject 6. #318 President Pump Station Reconstruction - Bid Opening and Rejection of Bids
- Discussion on Options Moving Forward - Review of 3 Designs
Meeting Oct 9, 2018 - Board of Directors Study Session
Access Public
Type Action, Discussion
Reasons for the high bids:
· Restricted Work Area. The proposed depth of the station is 23 feet, which is not deep for a District pump station, but the
allowable work area is small and cramped and a number of underground structures are proposed. The station is located in an
easement on private property located at 2043 President Place. The cramped environment will cause the contractor to construct
one structure after another, instead of constructing in multiple areas.
· Shoring Required. Extensive shoring is necessary to support the trench walls while underground construction is occurring.
· Proximity of Overhead Edison and Telephone Lines. There are a number of power poles in and around the work area and the
required separation between the wires and a crane is 10 feet. Extensive coordination with Edison is required and Edison will be
upgrading their facilities as part of the pump station project. There will probably be a cost to the District for the Edison work, but
it is unknown at this time.
· Length of Contract. With such limited work area, the structures will be built one at a time causing the minimum project work
time to be 120 working days (5 ½ months). The 120 days does not include the time for preparing or reviewing submittals (shop
drawings). There will be at least 50 submittals.
· Restricted Access. Access to the station is through a 15’ wide easement that includes a sharp turn. A possible second access
is through the City of Costa Mesa Canyon Park, however, the city tries to limit traffic through the park due to possible
environmental damage.
· Depth of the Proposed Station. Although the proposed pump station is only 23’ deep, raising the station to less than 20’ will
greatly assist the bidders as the threshold between minor and major shoring and construction for a few contractors is 20’.
The strategy to achieve a construction cost of $1.45 million starts with reusing the existing concrete pump station. As-built plans for the
station are missing from the District’s records, which caused the initial hesitation in reusing the structure. Without knowing the thickness
of the concrete walls or the amount of reinforcing steel bars cast into the walls, ceiling, and floors, it is difficult to justify reusing the
structure.
However, every structure built by the District has been well designed for strength and longevity. As-built plans of the District pump
stations built in the years beginning in 1953 show strong walls and layers of steel bars. It might also be possible to xay the walls to obtain
structural information or perform some destructive testing.
To insure stability of the existing structure, the design phase will include adding structural members such as concrete beams, columns,
supports, and connections.
In keeping with the goal of reducing the construction cost to $1.45 million, it is also proposed to consider using the Flygt pre-fabricated
polyurethane 10 foot diamerter pump station wet-well instead of constructing a new concrete wet-well. Although the polyurethane station
is designed for this type of application, it is not as strong as a concrete wet well. A pre-fabricated valve vault will also be considered. The
location of the existing structure is not ideal for the very best layout, but it can be used without too much difficulty.
A third option is also presented and reflects Alternative 01 but with a few revisions that would lower the construction cost to approximately
$2 million. The site plan for this option is shown in attached Alternative 03.
Legal Review
District Counsel will insure the rejection of bids is properly accomplished.
Environmental Review
The replacement of an existing pump station with a similar pump station of the same size for the same rate of flow as shown on the plans
for Project #318 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“.
Financial Review
There are adequate funds available in the existing budget for Project #318 for Alternatives 02. For Alternative 01, a shortfall of
approximately $802,000 has been identified. In order to cover this shortfall, an additional appropriation from retained earnings will be
required. See the attached Budget Calculations exhibit for calculations of the funding required for Alternatives 01 and 02. No calculation
is provided for Alternative 03 as the total cost for this Alternative is slightly less than Alternative 01.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the October 9, 2018 Board of Directors study
session at District Headquarters and on District’s website.
Alternative Actions
1. Refer the matter back to staff for additional information.
Attachments:
Bid Recap Spreadsheet
Alternatives 01, 02, 03
Design Notes for Alternatives
Budget Calculations
File Attachments
Bid Tab (Rev 2018-08-31).pdf (44 KB)
Budget Calculations.docx (15 KB)
CMSD318 - Design History Notes - Final 2018-09-30.docx (82 KB)
CMSD318 ALT 01 FINAL 2018-09-30.pdf (643 KB)
CMSD318 ALT 02 FINAL 2018-09-30.pdf (297 KB)
CMSD318 ALT 03 FINAL 2018-09-30.pdf (319 KB)
C. ITEMS OF STUDY
To: Board of Directors
From: Scott Carroll, General Manager
Date: October 9, 2018
Subject: CMSD 75th Anniversary - Consider Creating an Ad Hoc Committee on How to Celebrate CMSD's 75th Anniversary
Summary
2019 will be the Costa Mesa Sanitary District's 75th Anniversary. CMSD Strategic Goal 4.5 requires the approval of an ad hoc committee
that consists of Board members and staff to plan year-long activities for recognizing the District's 75th Anniversary.
Recommendation
That the Board of Directors direct staff to bring this item back to the October 25th Board of Directors Meeting to consider creating an Ad
Hoc Committee on how to celebrate CMSD's 75th Anniversary
Analysis
Strategic Goal No. 4.5 states the following:
"2019 will be the District’s 75th Anniversary since incorporation in 1944. Planning for an anniversary requires the influx of interesting
ideas from all District employees, Board of Directors and the public as it leads to positive engagements and better participation from
everyone in the District. Besides the idea of enjoying and celebrating our success, the anniversary is indirectly an excellent way to
demonstrate the District’s achievements to residents. A promotional campaign during an anniversary is always a sure recipe for
recognition and success."
On September 26, 2013, the Board of Directors established a temporary ad hoc committee to plan activities for celebrating CMSD's 70th
Anniversary. The Board appointed Director Perry and President Scheafer to serve on the 70th Anniversary Ad Hoc Committee. The
Board could reappoint Director Perry and President Scheafer to serve on the 75th Anniversary Ad Hoc Committee or the Board can
appoint two different Board members. The Board could also consider having the Citizens Advisory Committee appoint two members to
be part of the ad hoc committee. The committee will determine how often to meet and will bring back their recommendations to the Board
for your approval consideration.
Legal Review
After reviewing some case law, District Counsel believes the 75th Anniversary Ad Hoc Committee would be subject to the Brown Act.
Environmental Review
Determining whether an ad-hoc committee should be formed to celebrate the District's 75th year is an administrative matter that will not
result in direct or indirect physical changes in the environment and is not considered a "project".
Financial Review
There is $97,800 budgeted for public information/Education/Community Promotion in the FY 2018-19 Budget. However, there is no
specific line item budget for celebrating the 75th Anniversary. CMSD spent $7,771 for the 70th Anniversary celebration activities, so staff
anticipates a budget of $10,000 for this endeavor is appropriate. Funding could be absorbed in the budget, but staff may return at a later
date to request additional appropriation for public information, education and/or community promotion.
Subject 7. CMSD 75th Anniversary - Consider Creating an Ad Hoc Committee on How to
Celebrate CMSD's 75th Anniversary
Meeting Oct 9, 2018 - Board of Directors Study Session
Access Public
Type Action
Recommended Action That the Board of Directors direct staff to bring this item back to the October 25th Board of
Directors Meeting to consider creating an Ad Hoc Committee on how to celebrate CMSD's
75th Anniversary
Goals 4.0 Community Outreach & Communications
4.5 Celebrate the District’s 75th Anniversary
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the October 9, 2018 Board of Directors study
session meeting at District Headquarters and on District website at www.cmsdca.gov
Alternative Actions
1. Create an ad hoc committee that consist of one Board member, one CAC member and staff.
2. Do not create an ad hoc committee to celebrate the District's 75th Anniversary
3. Direct staff to report back with more information
D. CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (1 number of
potential cases)
Subject 1. Adjourn to Closed Session - CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED
LITIGATION - Significant exposure to litigation pursuant to paragraph (2) of
subdivision (d) of Section 54956.9: (1 number of potential cases)
Meeting Oct 9, 2018 - Board of Directors Study Session
Access Public
Type
D. CLOSED SESSION
Subject 2. Reconvene to Open Session and Report of Action Taken
Meeting Oct 9, 2018 - Board of Directors Study Session
Access Public
Type Procedural
E. CLOSING ITEMS
Subject 1. Oral Communications and Director Comments
Meeting Oct 9, 2018 - Board of Directors Study Session
Access Public
Type
E. CLOSING ITEMS
THE NEXT STUDY SESSION OF THE COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS WILL BE HELD ON
TUESDAY, NOVEMBER 13, 2018 AT 9:30 A.M. IN THE DISTRICTS BOARD ROOM, 290 PAULARINO AVENUE, COSTA
MESA.
Subject 2. Adjournment
Meeting Oct 9, 2018 - Board of Directors Study Session
Access Public
Type Procedural