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Agenda_2015_1_13_Meeting Study Session - Tuesday, January 13, 2015 Costa Mesa Sanitary District ... an Independent Special District AGENDA Michael Scheafer President Arthur Perry Vice President Robert Ooten Secretary Arlene Schafer Assistant Secretary James Ferryman Director Public Comments. Any member of the public may address the Board. Sp eakers on agenda items should identify themselves to the Depu ty 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. Pursuan t to State law, the Board may not discuss or take action on non-agenda items except under special circumstances. S peakers must limit their remarks to three minutes or as dec ided 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 distr ibuted to all or a majority of the Board after the packet is prepared, a copy o f that writing may be obtained at the District offices at 628 W. 19 th Street, Costa Mesa, California. The Deputy Clerk of the District may b e contacted at (949) 645-8400. In Compliance with ADA: Contact Noelani Middenway, (949) 645-8400, 48 hours prior to meeting if assistance is needed (28 CFR 35.102.35.1 04 ADA Title II). I.CALL TO ORDER II.ROLL CALL (If absences occur, consider whether to deem those absences excused based on facts presented for the absence - such determinatio n shall be the permission required by law.) III.PUBLIC COMMENTS This time has been set aside for persons in the aud ience 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 ma tter 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 wi ll be limited to four (4) continuous minutes. IV.ITEMS OF STUDY 1.Recycling & Waste Diversion Reports - December 20 14 Recommendation: That the Board of Directors receiv e and file the report. 2.Ordinance Enforcement Officer Report - December 2 014 Recommendation: That the Board of Directors receiv e and file the report. 3.Alkaline Battery Recycling Program - Oral Report Recommendation: That the Board of Directors receiv e the oral report. 4.Organics Ad Hoc Committee Update - Oral Report Recommendation: That the Board of Directors receiv e an oral report from Secretary Ooten. 5.Indus Mainline Sanitary Sewer Overflow on January 1, 2015 - Oral Report Recommendation: That the Board of Directors receiv e the oral report. 6.151 Kalmus Drive Sanitary Sewer Overflows Recommendation: That the Board of Directors have p reliminary discussion for taking action against the property owner at 151 Kal mus Drive by sending a Notice of Intention to disconnect for sewer violati ons. 7.Orange Place Sanitary Sewer Overflow - Oral Repor t Recommendation: That the Board of Directors receiv e the oral report. 8.Solid Waste Association of North America (SWANA): T he Road to Zero Waste Conference - March 16-19, 2015, New Orleans, Louisi ana Recommendation: That the Board of Directors consid er sending a board member to the conference. 9.Providing Sewer and Solid Waste Collection Servic es to New Developments Recommendation: That the Board of Directors receiv e and file the report. 10.Future Study Session Items Recommendation: That the Board of Directors provid e staff with direction on items to be placed on future study session agendas. V.ORAL COMMUNICATIONS AND DIRECTOR COMMENTS VI.ADJOURNMENT THE NEXT STUDY SESSION OF THE COSTA MESA SANITARY D ISTRICT BOARD OF DIRECTORS WILL BE HELD ON TUESDAY, FEBRUARY 10, 201 5 AT 9:30 A.M. IN THE DISTRICTS BOARD ROOM, 628 W. 19TH STREET. Costa Mesa Sanitary District ... an Independent Special District Recycling & Waste Diversion Reports - December 2014 Recommendation/Notes: Recommendation: That the Board of Directors receiv e and file the report. Item Number:1. ATTACHMENTS:Description Type Recycling & Waste Diversion Report Backup Material CR Transfer CR Transfer To:Javier Ochiqui To:Javier Ochiqui From: CR Transfer Inc.From: CR Transfer Inc.Jurisdiction:Costa Mesa Sanitary District (9)Jurisdiction:Costa Mesa Sanitary District Santa Ana Heights (11)Month/Year:Dec-14 Month/Year:Dec-14 Recycling Report Recycling Report Recycle Tons Recycle Tons Commodity Percentage Recycled Commodity Percentage Recycled Paper(cardboard+mixed paper)9.50%329.21 Green Waste 20.50%45.18 Plastics(mixed plastic+HDPE+PET)2.73%94.60 GW Fines 6.99%15.41 Metal(metal+aluminum+alum. Cans)3.91%135.49 Fines 9.99%22.01 Wood 2.92%101.19 Textiles 0.17%0.38 Greenwaste 34.77%1,204.90 Glass 1.89%4.16 Liquids 0.37%12.82 Paper 4.29%9.45 Fines 0.52%18.02 Plastic 5.58%12.29 Glass(bottles)2.03%70.35 Food Waste 0.00%- Concrete 0.33%11.44 Metal 1.20%2.65 Concrete 0.51%1.13 Wood 0.86%1.89 Totals 57.08%1,978.01 Totals 51.97%114.54 Total Tonnage 3,465.33 Total Tonnage 220.40 Recycled Tonnage 1,978.01 Recycled Tonnage 114.54 Landfill Tonnage 1,487.32 Landfill Tonnage 105.86 JULY AUG SEPT OCT NOV DEC JAN FEB MAR APR MAY JUNE TOTAL 3,906.93 3,403.96 3,461.33 3,577.08 3,144.65 3,685.73 21,179.68 2,218.01 1,936.10 1,969.05 2,030.68 1,785.99 2,092.55 12,032.38 1,688.92 1,467.86 1,492.28 1,546.40 1,358.66 1,593.18 9,147.30 56.77%56.88%56.89%56.77%56.79%56.77%#DIV/0!#DIV/0!#DIV/0!#DIV/0!#DIV/0!#DIV/0!56.81%Recycled %CMSD WASTE DIVERSION REPORT FY 2014-2015 Total Tonnage Recycled Tonnage Landfilled Tonnage Costa Mesa Sanitary District ... an Independent Special District Ordinance Enforcement Officer Report - December 201 4 Recommendation/Notes: Recommendation: That the Board of Directors receiv e and file the report. Item Number:2. ATTACHMENTS:Description Type OEO Report - December 2014 Cover Memo Protecting our community's health and the environment by providing solid waste and sewer collection services. www.cmsdca.gov Costa Mesa Sanitary District ….an Independent Special District Memorandum T o: Board of Directors Via : Scott Carroll , General Manager From: Edward Roberts, Code Enforcement Officer Date: January 13 , 201 5 Subject: Ordinance Enforcement Officer Report – December 2014 This report summarizes major points for three ordinan ce enforcement topics covering scavenging, graffiti, and trash container e nforcement . For the month of December , the CMS D Code Enforcement Officer focus ed his efforts on patrols in various parts of the community . The goal was identify and deter in stances of scavenging and residential trash carts left within the public view . I n the month of December we saw a reduced number of complaints filed with CMSD Code Enforcement staff regarding scavenging activity in the city. As with most scavenging complaints, the alleged violations take place in the early morning hours. In order to address resident concerns, t he Code Enforcement Officer investigate d all complaints and adjusted his sche dule to accommodate request s for early morning or weekend enforcement. Included below are instances of scavenging that were detected while the Officer was investigating specific complaints. Proactive Scavenging Investigations: 2965 Babb Street - While on patrol in the 2900 block of Bab Street, Officer Roberts observed a male subject, who later identified himself as Gonsalo Diaz, pushing a shopping cart loaded with recyclable material. Officer Roberts observed Gonsalo removing items from a CMSD trash cart located in front of 2965 Babb Street and based on the observed viola tion, Officer Roberts contacted Gonsalo to investigate further. During the course of the contact, Gonsalo admitted that he had been regularly removing recyclable material from CMSD carts and does it to support himself. Officer Roberts explain to Gonsalo th at CMSD ordinances prohibit scavenging and activity of that nature would result in citation. Officer Roberts explained to Gonsalo that he must return all recyclable material obtained from CMSD carts. Board of Directors January 13, 2015 Page 2 of 4 Gonsalo stated that he understood and returned all recy clable material obtained from CMSD carts to a nearby cart in Officer Roberts’ presence. Gonsalo was sent on his way with no further incident. 179 Buoy Street –Officer Roberts observed a lone transient walking through the residential street and noted that he had numerous empty wine bottles on his person. Officer Roberts did not observe the male scavenging; however formed the opinion that the subject may have violated CMSD ordinances by being in possession of the empty wine bottles and that numerous CMSD car ts were in the vicinity. Officer Roberts contacted the male and advised him that scavenging activity is prohibited. The male subject appeared to be inebriated. Due to the presence of children in the vicinity, Officer Roberts quietly asked the subject to dispose of the wine bottles and asked him to leave the area to insure no further scavenging. 829 Governor Street -While conducting routine patrol, Officer Roberts observed a female, who was later identified as Alicia Valles riding on a bicycle. Officer Roberts noticed that Alicia had a transparent shopping bag with her that appeared to contain plastic bottles. Officer Roberts followed Alicia and noticed that she came to a stop in front of the residence at 829 Governor Street. While at the residence, Alic ia was observed opening the lid of a CMSD trash cart and rummaged through the interior. Officer Roberts approached Alicia and made contact with her from the driver side window of his CMSD vehicle. Officer Roberts did not exit his vehicle as he did not wan t to contact a female without witness or recording equipment. Officer Roberts advised Alicia that scavenging is a prohibited activity and directed her to return all recyclable material. Alicia stated that she understood and was sent on her way. 2438 Bowdoin Place - As Officer Roberts was patrolling the 2400 block of Bowdoin Place, he observed a female subject rummaging through a CMSD cart that was placed in front of the above listed location. Officer Roberts contacted the female from his driver side wi ndow and did not exit his CMSD vehicle. The female identified herself as Carry Summers verbally. Officer Roberts directed Carry to replace any items she had removed from CMSD carts and leave the area. Carry was advised that she would be subject to citatio n if seen scavenging though CMSD carts. Carry stated that she understood and was sent on her way. 644 Ross Street - Officer Roberts observed a female, who was later identified herself as Susanna Murilla pushing a shopping cart on the residential street an d noted that it had a spiked pole stored within. Officer Roberts noticed that Susanna also had a numerous transparent shopping bags that appeared to contain a large amount of recyclable material. Officer Roberts followed Susanna and noticed that she came t o a stop in front of the residence at 644 Ross Street. While at the residence, Susanna was Board of Directors January 13, 2015 Page 3 of 4 observed opening the lid of a CMSD trash cart and removing recyclables from within the interior. Officer Roberts contacted Susanna and advised her that scavenging i s a prohibited activity. Due to the large amount of recyclables, Officer Roberts advised her that she was subject to citation if seen rummaging through CMSD carts. Susanna was directed to return all recyclable material to nearby carts. Once Officer Roberts verified all the recyclable material had been returned to CMSD carts, Susanna was sent on her way. 645 Wilson Street -Officer Roberts contacted an individual who identified himself verbally as Beto Jimenez on the sidewalk in front of the residence. Offic er Roberts noted that Beto had a small plastic bag with him and was observed removing recyclable material from within a CMSD trash cart. Officer Roberts directed Beto to return to all recyclable material to the trash cart. Beto was advised of policy and sent on his way with a verbal admonishment. 162 E. 18 th Street - While on patrol Officer Roberts observed a male subject rummaging through a CMSD cart. Officer Roberts contacted the male who identified himself as Colin (NFD). Colin did not have any recycl able material in his possession and did not have any identification on his person. Officer Roberts advised Colin that scavenging is prohibited by CMSD code and would be subject to citation if observed removing items from a CMSD cart. Colin stated that he u nderstood and was sent on his way. END OF SCAVENGING ENFORCEMENT REPORT Trash Container Enforcement : Board of Directors January 13, 2015 Page 4 of 4 In the month of December , there were a few customer complaints reported to the District Headquarters rega rding trash carts in public view. The following is a list of locations where trash cart violations were found and addressed by the Courtesy Notice process. Total Cases: 21 The following locations received First Warnings: (1) Avalon Drive - Storage of carts in public view. (1) College Avenue -Storage of carts in public view (1) Congress Avenue - Storage of carts in public view. (2 ) Elden Avenue - Storage of carts in public view. (1) Fullerton Avenue - Storage of carts in public view. (1 ) Governor Street - Storage of carts in public view. (2 ) Maple Street - Storage of carts in public view. (1) Milbro Street - Storage of carts in public view. (1) Monrovia Avenue -Storage of carts in public view (2 ) Rutgers Drive - Storage of cart s in public view. (1) San Juan Lane - Storage of carts in public view. (2 ) Senate Street - Storage of carts in public view. (2 ) Wallace Avenue - Storage of carts in public view. (3 ) Wilson Street - Storage of carts in public view. END OF TRASH CONTAINER ENFORCEMENT REPORT No case s of graffiti on a trash carts were opened in the month of December . Costa Mesa Sanitary District ... an Independent Special District Alkaline Battery Recycling Program - Oral Report Recommendation/Notes: Recommendation: That the Board of Directors receiv e the oral report. Item Number:3. Costa Mesa Sanitary District ... an Independent Special District Organics Ad Hoc Committee Update - Oral Report Recommendation/Notes: Recommendation: That the Board of Directors receiv e an oral report from Secretary Ooten. Item Number:4. Costa Mesa Sanitary District ... an Independent Special District Indus Mainline Sanitary Sewer Overflow on January 1 , 2015 - Oral Report Recommendation/Notes: Recommendation: That the Board of Directors receiv e the oral report. Item Number:5. Costa Mesa Sanitary District ... an Independent Special District 151 Kalmus Drive Sanitary Sewer Overflows Recommendation/Notes: Recommendation: That the Board of Directors have p reliminary discussion for taking action against the property owner at 151 Kalmus Drive by s ending a Notice of Intention to disconnect for sewer violations. Item Number:6. ATTACHMENTS:Description Type Kalmus SSO Cover Memo Costa Mesa Sanitary District …an Independent Special District Protecting our community’s health and the environment by providing solid waste and sewer collection services. www.cmsdca.gov Memorandum To: Board of Directors From: Scott Carroll, General Manager Date: January 13, 2015 Subject: 151 Kalmus Drive Sanitary Sewer Overflows Summary The business center at 151 Kalmus Drive has experienced four sanitary sewer overflows (SSO) since July 30, 2013. Two of the four SSOs occurred in December 2014. The private property has a small pump station that is causing the SSOs. CMSD staff and its c ontractors have responded to all four SSOs to contain the spill and provide cleanup support. CMSD invoiced the property owner for the services rendered but have not received payment for said services. Staff Recommendation That the Board of Directors have preliminary discussions for taking action against the property owner at 151 Kalmus Drive by sending a Notice of Intention to disconnect for sewer violations. Analysis W ritten correspondence s from District Counsel to property manager Mr. Steve Feistel are attached hereto. District Counsel will be attending the Study Session to present this item to the Board and to answer questions. Mr. Feistel was notified that this subject will be discussed at your study session and he was encourage to attend the me eting. If you want to proceed sending a Notice of Intention, the Board will need to schedule a hearing date and then disseminate the notice to the property owner and to all his tenants, which are approximately 99 . Attached is a draft Notice of Intention. Board of Directors January 13, 2015 Page 2 of 2 Strategic Element & Goal This item will complies with Strategic Element No. 1.0, Sewer Infrastructure , which states: “Objective: Our objective is to collect and transport wastewater to meet the needs of existing and future customers. Strategies: We will do this by the careful management of the collection infrastructure using prudent planning and maintenance, with financial strategies to maintain sufficient capacity and respond to changing regulatory demands.” Legal Review District Counsel has prepared the Notice of Intention along with the correspondences attached hereto. Environmental Review The discussion of ongoing SSOs and consideration of additional actions are of themselves administrative matter s and not a disturbance of the environment similar t o grading or construction and not a project under CEQA or the District’s CEQA Guidelines. The contemplated actions of preventing SSOs from the private pump station are a betterment to the environment. Financial Review The District is seeking paym ent from the property owner in the amount of $3,635.16 for services rendered for the four referenced SSOs. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the January 13, 2015 Board of Directors study session meeting at District Headquarters and on the District ’s website. Alternative Actions 1. Request more information from staff. Attachments A: District Counsel written corres pondences and backup documentation B : Draft Notice of Intent ion to Disconnect for Sewer Violations ( LAW OFFICES OF HARPER & BURNS LLP A LIMITED UABll • .l'IT PAR1'NERSHlP-!NCWOING A PR()l<ESSIONAL COftl'ORATJON JOHN R. HARPER* ALANRBURNS COLIN R. BURNS Of Counsel JUDI CURT!N* JOSEPH W. FLETCHER MICHAELMONfGPMERY• *A P'ROFESSfONAL COKl'ORA.T!ON December 23, 2014 Via' U.S. Mail and Email Mr. Steve Feistel 453 SOUIH GLA:S:SELL STREET ORANGE, CALIFORNIA 92366 TELEPHONE (714) Til-7728 FA.CSIMlLE {714) 744-3350 Coppertree Business Park Association, Inc. 23046 Avenida de la Carlota #700 Laguna Hills, California 92653 stevefeistel@accellpm.com Re: Our Client: Costa Mesa Sanitary District AlanR. BllfllS arb@hm-perbums..com Issue: Sewer Spills at 151 Kahuus Documented in December 9, 2014 Letter Regarding the CMSD Dear Mr. Feistel: I previously corresponded with you on December 9, 2014. At that time I inquired whether you wished to contest the clean up sewer spill costs and provided you with the back up information you previously requested. I have not heard from you since although I urged you to request a hearing immediately if you desired a hearing. Otherwise the charges can be collected through the tax bill and would become a lien on the property. Unfortuoately, there was another sewer spill last night. We are gathering the documentation for this spill and our costs. This will be provided so that a second hearing might be requested before the Board. Those proceedings will be kept separate from the .earlier events. We urge you to exercise appropriate vigilance in maintaining your property. Your right to request a hearing should be exercised inunediately if you disagree with the charges incurred in clean up. I have been advised by Leslie of your company that I would be able to reach you if I sent an email to both you and Felicia of your company so I will send my communications via email and U.S. mail to be sure I reach you. Sincerely, Alan R. Burns District Counsel EXHIBIT 1 /" Steve Feistel Sewer Spills at 151 Kahnus Documented in December 9, 2014 Letter Regarding the CMSD December23, 2014 Page2 of2 ARB:ek cc: Via Electronic Mail General Manager Finance Manager Associate Accountant District Engineer Felicia, Accell Property Management, Inc. Via U.S. Mail and Email Accell Property Management, Inc. Harper&BumsLLP] 453SoutbGlassellStreet.Orange,Califomla92866 I Telcphone(714)771-7728 I Facsimile(7l4)744--3350 I www.harperbums_com EXHIBIT 1 JOHN R HARPER~ ALAN R. BURNS COLIN R. BURNS Of Counsel JUDI CURTIN* JOSEPH W. FLETCHER MICHAEL MONTGOMERY" ~A PROFESSIDNAL CORPORATION December 9, 2014 Via U.S. Mail Mr. Steve F eistel LAW OFFICES OF HARPER & BURNS LLP A LIMrlED LIABILITY PAR1NERSfllJ> INCLUDrNG A PROfESS.IONAL CORPORATION 45~ SOUTH GLASSEll. STREET ORANGE., CALIFORNIA 92366 TELEPHONE (714} 771-7728 FACSJMILE (714) 744~3JSO Coppertree Business Park Association, Inc. 23046 Avenida de la Carlota #700 Laguna Hills, California 92653 Re: Our Client: Costa Mesa Sanitary District Issue: Sewer Spill and Abatement at 151 Kalmus Drive Dear Mr. Feistel: Alan R. Bums arb@harperburn$.com You have previously been advised that the sewer spills occurring on July 30, 2013 and February 12, 2014 were caused by the failure of your private pump station and how that spill violated federal and state water Jaws. You have been provided with an invoice and opportunity to pay the costs of the Costa Mesa Sanitary District's (''District" or "CMSD") response, but you have not done so, apparently contending that it was your belief that you are only responsible for the payment of JIMNI' s costs in fixing the pump station and/or should have been given the opportunity to self-abate. District staff has referred this matter to me to provide follow up to you so that we may resolve this matter without further delay. Summary of the events • July 30, 2013 -A sewer spill occurs causing a District response costing $2,473.31. (Invoice #87.) • Feb 12, 2014 -A sewer spill occurs causing a District response costing $536:00. (Invoice #86.) Previous Communications, Invoices and Photos of the Spill The package of communications I have been provided with show that original invoices were sent to you, and that there have been various back and forth communications with no resolution since then. To be sure we all have the same documents and to frame the District's substantiation of the charges, the following is submitted as a chronological record of the spills, evidence and those communications: Exhibit L Steve Cano' s contemporaneously recorded notes of the sewer spill on July EXHIBIT 1 Steve Feistel Sewer Spill and Abatement at 151 Kalmus Drive December 9, 2014 Page 2 of3 Exhibit 2. Exhibit 3. Exhibit4. Exhibit 5. Exhibit6. Exhibit 7. The Applicable Law 31, 2013. On the evening of July 31, the District is notified by Mesa Consolidated Water District of the spill and CMSD crew responds. JIMNI is called and OC Health Care agency notified. JIMNI verifies the problem is coming from the pUll1p station which they are familiar with from having provided service to the station. Invoice from JIMNI for service dated July 30, 2013 for $1,112.04 shows "paid" on March 26, 2014. (Apparently by the management company, Accell Property Management, Inc.) Invoice from JIMNI for $1,170 for service dated February 12, 2014 also marked "paid" on March 26, 2014. (Also by Accell Property Management, Inc.) Invoice from CMSD for $2,473.31 dated July 30, 2014 showing all CMSD charges for the spill on July 31, 2013, including charges from CR&R with attached doc\Jll1entation substantiating the charges. Invoice from CMSD for $536.98 for February 12, 2014 spill including internal costs and contract costs for the RBH inspector. Attached are itemized costs for internal costs and the RBH invoice and log of activity. Photos of the February 12, 2014 spill. Letter from Steve Feistel on behalf of Coppertree Business Park, Inc. dated November 6, 2014 advising that no response had been provided to a September 26, 2103 letter submitted and requesting further doc\Jll1entation. The letter alleges that Coppertree was not aware of these spills or any failures and alleges that the District did not contact Coppertree about the spill prior to incurring these charges. In addition to any violations of federal, state or county laws that may have occurred, we direct your attention to the provisions of the Costa Mesa Operations Code which specifically provides for the District's remedies in these circumstances. Specifically Section 6.09.020 which provides, in pertinent part, that "liability" arises to the District for failing to maintain your property or by causing a sewer spill to occur or by another occurrence that causes a District response. It is further provided that the responsible persons are liable for the District's response costs whether by District personnel or District's independent contractors. (Attached.) Furthermore, Chapter 6.10 covers cost recovery for abatement efforts to correct violations related to the sewer system. We are specifically provided the authority to correct violations of the District's ordinances and the cost of those corrections may be collected by adding to the sewer service charge and that said charge may be imposed on the property owner, tenant or persons Harper & Burns I.LP I 453 South Gfasscll Street, Orange, California 92866 I Telephone {714) 77l-7Tft ] Facsimile (714) 744-3350 I www.harpcrbillns.com EXHIBIT 1 Steve Feistel Sewer Spill and Abatement at 151 Kalmus Drive December 9, 2014 Page 3 of3 causing the spill. You have been provided with the backup data justifying the charges and are entitled to a hearing before the Board if you contest the charges. If the charges are confirmed and you do not pay within thirty (30) days, we may then add the cost to tax roll. (See Health & Saf. Code,§ 6523.3.) (Chapter 6.10 attached.) We understand that you contend that we did not contact you before the abatement efforts to allow your company an opportunity to self-abate. The District Operations Code provides that "if possible and consistent with the public health, safety and welfare, the responsible party shall be given an opportunity to abate the property using his/her own forces." That code further provides that the District's Manager and Engineer each have the authority to determine if the situation must be immediately abated. These spills required clean up immediately and JIMNI had been your contractor and was familiar with the system. We assert that the immediate clean up and repair costs were both necessary and very reasonable. Therefore we ask that you pay your bill promptly or, if you contest the charges, request a hearing immediately to provide any evidence of why you are not responsible or how you could have self-abated consistent with the public health, safety and welfare. If you challenge the invoices a hearing will be set within thirty (30) days to provide you with an opportunity to present any evidence of why you should not be responsible. If you fail to request a heariog, these charges may be collected on the tax roll if not paid within thirty (30) days. We hope the above and the attached documents will provide you with the opportunity to make your decision and we look forward to resolving this with you in the near future. ARB:ek Enclosures cc: General Manager (via email) Finance Manager (via email) District Engineer (via email) Sincerely, HARPER & BURNS LLP L(~ Alan R. Burris District Counsel Accell Property Management, Inc. (via U.S. Mail) Harper & Burns UP j 453 South Glassell Street, Orange, California 92866 I Telephone (714) 771-7728 I Facsimile (714) 744-3350 [ www.harperbums.com EXHIBIT 1 From: Wendy Davis <Wdavis@cmsdca.goV> Subject: Date: December 4, 2014 3:26:16 PM PST To: Alan Burns <arb@harperburns.com> %f-1 Attachment, 38.2 KB 1\-C-G ~ LL Pfl.<> Pe< f'-f ~'1~ 5¥1-4W'l? -f'rr (.30 PM , L il£&1evcy CAU-; Ft<ur>t ~«,. lv'A-rbll ""'° c.v.12.. /1€l'A WA> oN S:ll>l1f' AN-0 SAio )Eu/-<£ &.A} C. 1'1 / ,J(, f'.<-o/Y\ l'Vl ~!-"'-" ! ,_, L.D-( ANO Da..t><! N[t.16 I NTo <JTo/Lft'\ \)QA\i<J. L t'~~ 1F '1£ l-Ll.O <:'Al'-'P<lA-US 1 NC'J· l-1« "t>il> "''I .1....-l-141? St/O'JG"L ) ·so t.Ji< N>-IJF !'I~ '7• G"-ru+ S&wt1!A> ~ &01rub -;:;. 1)f14.11J , (..e.fi.. CA-IA.? /.lt'D "J'.-Y..,u, l\l-t>l'l LJ> (l.ur;:f',/JP Wt<l-t ~ A/<\D c;..LA... rlt:i Utt>"'-, ,yr· 7 )Ci r f'l -c. <VL c.. u.-:.. """' !'< "" S6'1 s TJJt. 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Tl-ll< li"'t !*rFo"-l?'' {P(,.p .<Jµv $"MIA ... ?u,v1P5, I L<fl'T 111111,< lo,.,~ 1;11>.> °'1if"'-'"" ~'T\•1'1 Q(D (kl,<. UN'11l..i/L {JJ<K -ro (l1IT011..1 f<tlVA<e-)l"/U... l iu qev!fv tA"<-l fi">ll'1 :J "~" 11-t Oc, ft<Ot'M A&O"<'c'{. (.t>L"vl.A-w:> / l?SD C-0 !.U-"-'> "'G~L. wrrlf 7>t> L•>-r. (. H._ CAL "-'lA'7& z..,-% ? 0 c; f'l"J """""'"' "'""'1 /\ ""-1 tJr17 . EXHIBIT 1 From: Wendy Davis <wdavis@cmsdca.goV> Subject: FW: Regarding Outstanding Invoices Date: December 2, 2014 1 :55:54 PM PST To: Alan Burns <arb@harperburns.com> tt, 6 Attachments, 3.6 MB Thank you. Wently J£ <Davis Finance Manager Costa Mesa Sanitary District 628 W. 19th Street, Costa Mesa, CA 92627 949.645.84001949.650.2253 lax From: Wendy Davis Sent: Wednesday, November 19, 2014 11:30 AM To: 'stevefeistel@accellpm.com' Subject: Regarding Outstanding Invoices Dear Mr. Feistel, I received your letter requesting additional information regarding the Coppertree Business Park sewer spills in July 2013 and Februa_ry 2014. I have attached the following backup for your information: Copies of our invoices and backup. Our Maintenance Supervisor notes for the July 2013 spill Invoices for Jimni to fix your pumps while District Staff cleaned up the spills. Pictures of the February 2014 spill will be sent separately, please note the camera date is not correct. Please let me know if you have any questions. Thank you. Wentfy J£ <Davis Finance Manager Costa Mesa Sanitary District 628 W. 1 glh Street, Costa Mesa, CA 92627 949.645.84001949.650.2253 fax wdavis@cmsdca.gov EXHIBIT 1 1\-£'..C .-CL f?i.,,PU<f'-/ 9'1~ 5~1-4~r'i -f'rT ~30 f/Vl, L il£&1e-vcy CAu.; H<o"' f'1«,,. WA-ri:;a .AN? c-1.!2.. l'/iiTA WAS ON SloHI AN-0 SAio <;Fr..;,("t (.A) C4""1/r.J0 f=.<.o/VI f'IA.N\4.iot..£$ t.i-' Lo-C AND (>~NlNU /N{o '57o/!J'\ j)IZA\/.I, L F~~ tF If{< oJfiJ) C-•1'-'•<JA-(,S l N~· L-1-1' 1>!l> <A<f ~ f\Ap S'f/o\Je-L 1 ·so t.W-"""'°"' f.l~ '7• Cl>'l"C.+1-S&wA~ ~ C.otN& "'[;, 1)/14.llJ. C.6/Z. <:A-IA.? ;:. 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Wl'M !b \?• c;,N"V1A~, //) O f{Y) -tvtJ<.t .llcu.11"'5 ·-,;, t,.o«>I"-A"t :t'1A7f<>J<.l5. furtfJ fv!A--/!"v 14-101+-/.Jf'V!s , ~ :>A-to t'«otµi9t--'f {IAc,5 1 t.:i.fffi,JvffJJ A-I<.. Tl->1<7/l"lt ~~. tYU> Aµo S""""'t,,z, ?u,..,,P_.S', I UFT 111111;< /oN~ WI'> G•t.t . .v\<'1.iu ~T\•N QIO (A-vi-(.N'!ll;Jt. ON< 10 (/,,fi'f'VtJ..I P"-1t1A<'e->~11.J~. l lk c.fe-Vt» tAU.5 f""IY1 :J vAr-r IJ-t OC-1-\-<ii!.l-n+ A6,,,.,.c'f, (ALLulA-w:> I (95D &-0 ll-b"-" "'G-z4 f.... WITH 7'0 /.. dST. (.< "-CM. tvl..t -r& 2-T ?. ? o C.t' t>'I Lv '""'-' -r+>e'1 f.\IU<.\ Ve17. EXHIBIT 1 JIMNI ®§~ft~im 111116:. Pump ilild Control Specialists 11161Qcffrcy(Road(I (Irvinc,(CA(92602 T((949)(770-7654(1 (f/((949)(651-6043 Billi!'o COPPER1REEIBUSINESS:IPARK#1SSOCIATION, INC ; C/OMCCELLfPROPERTYMANAGEMENT !23046#1 VEN1DAtDEtLACARLOTA'lb#700 ILAGUNAtHILLS,4CA#J2653 Estimate/# P.0.iNo. Rep 89445 TG Term> NET RECEIPT Hours-Qty Description 4 i EMERGENCY(CALL-{LABOR(RA TE(IWO(fECHNIOANS i AFIER(I-lOURS 2 ;FUSE(VARIOUS '. Datelbftl5ervice 7/30/2013 ! UP0N(ARRTVAL(TECI-1NIC1ANS(FOUND(l3LOWN(FUSE,(REPLACED(T0 !TROUilLESI-IOCJf.(BOlB(PUMP(PULLING(l-IlG!l(AMPS,(PULLED(BOJH ·1· PUMPS(AND(REMOVED(FOREIGN(OBJECTS,(REIN.':>TALLED(IN(WET WEU.._(rP..srnD(FOR(PROPER(OPERATION,(NORMAL. I I 1HANK YOU FOR 1HE OPPORT~NITY TO PROVIDE YOU EXCELLENT SERVICE J IMNI®§~: Pump and C!J1'trol Speci.a!i.rts · 11161 Jeffrey Road I Irvine, CA 92602 T (949) 770-7654 I F (949) 651-6043 \l ~. Jt;r ~!'f.o"'4 ~---------~j\U"'. --ccB~ill-~~o======,,-,-------~~~,..,-,,-,--0: ~~ ; COPPERTREEtBUSINESS#PARK#\SSOCIAIION, INC j C/OtJ!lCCELLtf'ROPERITMANAGEMENT Invoice Date Invoicef# 8/8/2013 24287 job SEWER STATION Rare I 275.00 ! Amount 1,100.00 6.02' 12.04T Subtotal $1,11204 $0.96 Total $IJ 13_00 Invoice Invoice#f 2/13/2014 25003 EXHIBIT 1 I 23046#1 VENIDA:fDE:JlA:ICARLOTA4S#700 LAGUNAIDUS,4LAl92653 Estimate/# P.O.JNo. Rep ' Datelbfliervice DB NETRECEWT 2/12/2ITT4 Hours-Qty Description 2 [EMERGENCY1f_;\LL-tLABORIRATEfl'WOirECHNICIANS.#AMEIDAY I SERVICE 2 ii CERTIFIED#:ONFIN~PACE#!.NTRY::IF.l\1ERGENCYf£ALIAI..ABOR RATEl!WOtt"ECHNICIANS.t!;MIBIDA Yi$ERVICE 'CMSD:#EWERISPILLIATtLOCATION i UPONIARRlV AL;ffECHNICIAN#.ANIA:MPS:#'UMP;i#1-tt6.5tt\MPS,#'UMP :#2.:#.2.IAMPS.IREVERSED#'IL.\SEJVNtf.OTH#'UMPS,tNOWfl)OWN#i.T#, ! AMPS,lf\OTH#'UMPSffl.UNNING;#'UMPEDIDQ\VN;t'WELLIUSlNG l CONFINE1$P ACE.fENTRYtt"Ql'DERRAGJ'f>UMPS.#.AN#:YCl .• EStrOl'fEST, [ STILL#UGHfAMPS,lf\UTIDPERATIONAL i I THANK YOU FOR THE OPPORTUNITY TO PROVIDE YOU EXCELLENT SERVICE. job SEWER STATION Rare 265.00 320.00 Subtotal Sales~ax'ft\tW/o) Total Amount 530.00: i 640.00i $1,170.00 $0.00 $1,170.00 EXHIBIT 1 From: Wendy Davis <Wdavis@cmsdca.goV> Subject: FW: Date: December 2, 2014 1 :56:47 PM PST To: Alan Burns <arb@harperburns.com> Cc: Wendy Davis <Wdavis@cmsdca.goV> 2 Attachments, 1.8 MB July 30, 2013 invoice Thank you. 'Wendy Jf. lJJavis Finance Manager Costa Mesa Sanitary District 628 W. 19 111 Street, Costa Mesa, CA 92627 949.645.8400/949.650.2253 fax From: Wendy Davis Sent: Wednesday, November 19, 2014 11:00 AM To: Wendy Davis Subject: EXHIBIT 1 ___ an Intfepenrfen't Speciti[ ©istrict BILL TO Coppertree Business Park Association, Inc. c/o Accell Property Management 23046AvenidaDe La Carlota Ste,700 La, CA92627 DESCRIPTION 151 Kalmus Dr -Sanitary Swr Overflow 71301!3: Administrative Overhead CMSD Staff Cost CMSD Service Truck & Vactor CMSD Contractor-C &R Drains QUANTITY ·LOO LOO LOO LOO DATE INVOICE NO 06130/2014 0000087 DUE DATE 10/l0120I4 EFFECTIVE RA:fE AMOUNT $224.85 $224.85 $659.09 $659.09 $299J7 $299,17 $1,290.20 $I,290.20 INVOICE AMOUNT DUE: $2,473,31 PLEASE DETACH BOTTOM PORTION & REMIT WITH YOUR PAYMENT For·questions please contact us at (949)645-8400 Customer Name: Customer No: Account No: Coppertree Business Park Association, Inc. 089307 0007054 -AR account for 89307 Please remit payment by the due date to; Costa Mesa Sanitary Dist 628 W, 19th St Costa Mesa, CA 92627-2716 DUE DATE INVOICE NO 1011012014 0000087 TOTAL AMOUNT DUE: $2,473.31 AMOUNT PAID: EXHIBIT 1 Accounts Receivable Transaction Proof List User: ktran 0912512014 • 5:19 PM Batch: 002-06-2014 Invoice No 0000087 Tran Date Fee Code 06/3012014 Adn1in CMSD CMSD CMSD Account No Fee Na1ne 0007054 Adrninistration Fee CMSD Staff/Eq Charge CMSD Staff/Eq Charge CMSD Staff/Eq Charge AR -Transaction Proof List (09/25/2014 -5: 19 PM) Customer Name Debit Account Ctedit Account Coppcitree Business Park Assoc 20-000000-1100 20-000000-3525 20-000000-1100 20-000000-3525 20-000000-1100 20-000000-3525 20-000000-1100 20-000000-3525 COSCI'Jl :Mp,JJl S.MfICI'}l<J(tf'(})ISCI'CJU(YI' •.. rm Iru{epentfent SpecW: \District Description Description Sanitary Swr Overflow 7/30/13 Administrative Overhead CMSD Staff Cost CMSD Service Truck & Vactor CMSD Contractor-C &R ·ornins ~~~~ Invoice Total: Report Total:· Total Records~ Amount Aniount 224.85 659.09 299.17 1,290.20 2,473.31 2,473.31 EXHIBIT 1 Accounts Receivable GL Distribution Report User: ktran Batch: 002-06-2014 Journal Entry Date: 06/30/2014 Fund 20 Liquid Waste Fund Total for Fund: 20 Report Totals: AR-GL Distribution (09/25/2014 -5:19 PM) COS'Tjl 914.PSJl S}l!J{I'T}l(j("f ©IS'T(j(I(!f ... an Intfepentfent Special <District Debit Amount Credit Amount Cust No. A<eounf Number Descrip{ion 224.85 0.00 659.09 0.00 299.17 0.00 1,290.20 0.00 0.00 224.85 0.00 659.09 0.00 299.17 0.00 l,290.20 2,473.3.1 2,473.31 2,473.31 2,473.31 089307 089307 089307 089307 20-000000-1l00 20-000000-1100 20-000000-1100 20-000000-1100 20-000000·3525 20-000000-3525 20-000000·3525 20-000000-3525 Accounts Receivable Accounts Receivable ACcounts Receivable Accounts Receivable Other Charges for Services Other Charges for Services Other Charges for Services Other Charges for Services EXHIBIT 1 Costa Mesa Sanitary District Project Cost Sheet Project Location: 151 Kalmus (Coppertree Business Park) Project Date: July 30, 2013 Description of Work: Respond to private sewer overflow Staff Position Maintenance Supervisor Maintenance Worker Ill Maintenance Worker I TOTAL STAFF COST Maintenance Supervisor Maintenance Supervisor-OT Maintenance Worker Ill -OT Maintenance Worker I -OT TOTAL CONTRACTOR COST C & R Drains TOTAL EQUIPMENT COST Service Truck Vactor Administrative Overhead-10% GRAND TOTAL Prepared by: Stacey Cuevas Date: September 13, 2013 Hourly Rate $ 39.10 $ 31.67 $ 22.09 HOURLY RATE $ 53.57 $ 73.12 $ 60.17 $ 44.18 HOURLY RATE HOURLY RATE $ 10.97 $ 92.41 . Benefits $ 14.47 $ 12.67 $ 11.05 HOURS ON JOB 1 4 3 3 Subtotal HOURS ON JOB Subtotal HOURS ON JOB 2 3 Subtotal Total $ 53.57 $ 44.34 $ 33.14 TOTAL $ 53.57 $ 292.47 $ 180.52 $ 132.54 $ ssy,og TOTAL $ 1,290.20 $ 1,290.20 TOTAL $ 21.94 $ 277.23 $ 299.li $ ;?2'!.BS' $ 2,473.31 EXHIBIT 1 !:.'tale Contractors Licenrn , Numhe1· 53 I 746 C & R Drains, Inc. Phone# (714) 641-1545 Fax# INVOICE (714)641-3!89 Date Invoice# 1525 W. MacArthur Blvd. Ste 11 Costa Mesa, CA 92626 7/31/2013 330376 Bill To Job Address COSTA MESA SANITARY DIST. 628 W.19TH ST 151 KALMUS DR, COSTA MESA, CA 92626 COSTA MESA, CA 92627 Customer WO# Payment Method Plumber NR Chatgc NR 60Gl3 . Quantity Description BIG JETTER FEE Plumbing Labor Materials & Paris CSR KIM UPON ARRIVAL FOUND MANHOLE NEAR BUILDING J FLOWING ACCORDING TO THE CHART APPROX 30 GALLONS PER MINUTE. PLACED 15 SAND BAGS AND BLUE TARP TO CONTAIN ANY SEWAGE FROM ENTERING THE STORM DRAJN~ CHECKED ENTIRE PROPERTY FOR THE OTHER MANHOLES. 2 MANHOLES NEAR CENTER OF PROPER (EITHER SIDE OF FLAG POLE) WERE ABOUT 2'FT FROM THE TOP FROM OVERFLOWING. NO OTRT<'..R MANHOLES PARALLEL WITH THE FREEWAY INUNE WITH OVERFLOWING MANHOLE. DETERMINED CLOG WAS DOWNSTREAM OF OVERFLOWING MANHOLE TOWARDS KALMUS. RAN HYDRO JETTER TOWARD KALMUS 300'FT AND HIT A DEAD END (.TETTER HOSE WOULD NOT PASS THIS POINT AT THIS POINT W Al'ER 03 Ceil or 2nd Phone Amount 465.00 723.00 90.00T THANK YOU FOR YOUR BUSJNESS Sales Tax (8.0%) "For(l!lyourp!umbingneeds" 24 / 7 Total Payments/Credits Balance Due Due and payable upon receipt EXHIBIT 1 State Contractors Ucense Nwubttr 531746 C & R Drains, Inc. Phone# (714) 641-1545 Fax# (7!4) 641-3189 INVOICE Date Invoice# 1525 W. Ma<:Arthur Blvd. Ste 11 Costa Mesa, CA 92626 7 /31/2013 330376 Bill To Job Address COSTA MESA SANITARY DIST. 628 W. 19TH ST 151 KALMUS DR, COSTA MESA, CA 92626 COST A MESA, CA 92627 Customer WO# Payment Method Plu1nber CSR NR Cha.-gc NR 6008 KIM Quantity Description STOPPED POURING OUT AND WATER LEVEL IN MANHOLE DROPPED ABOUT 4". AS WE WERE Pl:JLLING HOSE BACK OUT STEVE CANO ARRIVED AND WANTED US TO MOVE TO THE MA.l\'HOLE NEAR THE CENTER OF THE PROPERTY. AFTER MOY!N<J EQUIP\YIBNT STEVE SAID TO GO TO KALMUS AND JET TOWARDS BUILDINGS. TRIED JETTING FOR 2Q BUT COULD SEE 'WHAT APPEARED TO BE A LARGE CLOG, ROCK OR COMPLETE BLOCKAGE OF SOME SORT. STEVE HAD THE PUMP TRUCK AND wn11 THE JETTER TRIED FOR SEVERAL MINUTES TO CLEAR JOEL WENT INTO THE MANHOLE AND CHECKED DISCHARGE AND DETERMINED THIS IS NQT TO BE A CLOG, BUT A CAP. AT THIS POINT JOEL AND STEVE WALKED THE PROPERTY FOR 30 MJNUTES TO FIND THE BEST ROUTE TO CLEAR STOPPAGE. AT APPROX 10"00 PM STEVE SAID TO PACK IT UP BECAUSE THE PROBLEM WAS A F.AILURE TO THE PUMP STATION. Cell or 2nd Phone Amount THANK YGU FOR YOUR BUSINESS Sales Tax (8.0%) "Foral!yaurpiwnbingneeds" 24 / 7 Total Payments/Credits Balance Due Due and payable upon receipt EXHIBIT 1 State Comrnclors License ~iwnber 5117./6 C & R Drains, Inc. 1525 W. MacArthur Blvd. Ste l l Costa Mesa, CA 92626 Bill To COSTA MESA SANITARY DIST. 628 W. 19TH ST COST A MESA, CA 92627 Phone# (714) 641-1545 Fax# INVOICE (714) 641-3189 Date Invoice# 7 /31/2013 330376 Job Address 151 KALMUS DR, COSTA MESA, CA 92626 Customer WO# Payment Method Plumber CSR Celf or 2nd Phone NR Ch<ffge A-1( 60Gll KIM Quantity Descrlption LEFT SAND BAGS BECAUSE PUMP TIWCK WAS STILL CLEARING UP WATER 7130113 GABE: 730PM-10:10PM 7130/13 BRIAN: 7:30PM-830PM 7/30/13 MIKE: 730PM-10:10PM 7/31/13 BRIAN: 11:18AM-11:27AM THANK YOU FOR YOUR BUSINESS Approved ay-~ App1u•1ed~ ~ GLAcct GLAcct Sales Tax (8.0%) Total Payments/Credits Balance Due Amount $7.20 $1;290.20 $0.00 $1,290.20 "Fm· all J'Ol•r plumbing needs" 24 / 7 Due and payable upon receipt EXHIBIT 1 From: Wendy Davis <Wdavis@cmsdca.goV> Subject: Private SSO invoice Date: December 2, 2014 1 :55:29 PM PST Alan Burns <arb@harperburns.com> Wendy Davis <Wdavis@cmsdca.goV> 2 Attachments, 1.6 MB Hi Alan, Here is the February 12, 2014 invoice and backup for 151 Kalmus private pump station spill. There are two invoices total that have not been paid. I will forward you the other one as well as some other emails to Mr. Steve Feistel, who is the property manager for the Coppertree Business park. He doesn't see the need to pay the clean-up when Jimni fixed the pump. I have spoken with him to try and make him understand that we called Jimni to fix the pump. He doesn't get that the spill needs to be cleaned up and Jimni doesn't do that. Please call me with questions. Thank you. 'WenLy Jf. IDavis Finance Manager Costa Mesa Sanitary District 628 W. 19 111 Street, Costa Mesa, CA 92627 949.645.8400/949.650.2253 fax wdavis@cmsdca.gov From: Wendy Davis Sent: Wednesday, November 19, 2014 11:02 AM To: Wendy Davis Subject: Emailing: ARFY2013-14 Cust 89307.5502-12-14151 Kalmus EXHIBIT 1 Accounts Receivable Transaction Proof List User: ktratl 09125/2014 -5:06 PM Balch: 001-06-2014 Invoice No 0000086 Tran Date Fee Code 06/30/2014 CMSD Inspect Adm in CMSD Account No Fee Na111e 0007054 CMSD Staff/Eq Charge CMSD Inspectqr Administration fee CMSD Staff/Eq Charge AR-Transaction Proof List (09/25/2014-5:06 PM) Customer Nante Debit Account Credit Account Coppertree Business Park Assoc 2ocoooooo-1100 20-000000-3525 20-000000-1I00 20-000000-3525 20-000000-1100 20-000000-3525 20-000000-!l 00 20-000000-3525 COSrr'Jl 94-PSJl SJWI<IJl<J{'r©ISrr'<JlJN ... "" Inlfepentf•n• Speciaf <District Description Description Sanitary Swr Overflow 2/12/14 CMSD Staff Costs (SSO 2/12/!4) Contn1ct RBH Inspector Administrative Overhead CMSD Service Truck & Vac Truck Invoice Total: Report Total: Total Records: Amount An1ount 204.48 96.75 48.82 186.93 536.98 536.98 EXHIBIT 1 Accounts Receivable GL Distribution Report User: ktran Batch: 001-06-2014 Journal Entry Date: 06/30/2014 Fund 20 Liquid Waste Fund Total for Fund: 20 Report Totals: AR -GL Distribution (09/25/2014 -5:07 PM) Debit Amount Credit Arnount 204.48 0.00 96.75 0.00 48.82 0.00 186.93 OcOO o.oo 204.48 o.oo 96.75 0.00 48.82 0.00 186.93 -536.98 536.98 536.98 536,98 COS'l'Jl 'MPSJl S.Jl!NI'l'Jl<J('Y<DIS'l'(jf_J(!I' ___ rm Intfepentfent Sper:iat: ©istrict Cust No. Account N:un1ber Description 20-000000-1100 Accounts Receivable 20-000000-11 oo Accounts Receivable 20-000000-1100 Accounts Receivable 20-000000-1100 Accounts Receivable 089307 20-000000-3525 Other Charges f-Or Services 089307 20.-000000-3525 Other Charges for Services 089307 20-000000-3525 Other Charges fOr Services 089307 20.000000-3525 Other Chru·ges tOr Services EXHIBIT 1 BILL TO Coppertree Business Park Association, Inc. clo AcceU Property Management 23046 Avenida De La Carlota Ste. 700 La, CA 92627 DESCRIPTION 151 Kalmus Dr-Sanitary Swr Overflow 2112/14: CMSD Staff Costs (SS02/l2/l4) Contract RBB. Inspecior Adniinistrative Overhead CMSD Service Truck & Vae, Truck QUANTITY 1.00 1.00 1.00 l.00 DATE INVOICE NO 0613012014 0000086 DUE DATE 10/1012014 EFFECTIVE RATE AMOUNT $2Q4.48 $204.48 $96.75 $96.75 $48.82 $41!.82 $186.93 $I86.93 INVO!CEAMOUNT DUE: $536.98 PLEASE DETACH BOTTOM PORTION & REMIT WITH YOUR PAYMENT For questions please contact us at (949)645-8400 Customer Name: Customer No: Account No: Coppertree Business Park Association, Inc. 089307 0007054 -AR account for 89307 Please remit payment by the due date to: Costa Mesa Sanitary Dist. 628 W. 19th St. Costa Mesa, CA 92627-2716 DUE DfITE INVOICE NO lO!I0/2014 0000086 TOTAL AMOUNT DUE: $536.98 AMOUNT PAID: EXHIBIT 1 Costa Mesa Sanitary District Project Cost Sheet Project Location: 151 Kalmus Drive, Costa Mesa, CA SSO Event Date: Febuary 12, 2014 Description of Work: Respond to private sewer overflow Staff Position Maintenance Supervisor Maintenance Worker I Maintenance Worker Ill TOTAL STAFF COST Maintenance Supervisor Maintenance Worker Ill Maintenance Worker Ill TOTAL CONTRACTOR COST RBH Inspector TOTAL EQUIPMENT COST Service Truck VacTruck Administrative Overhead-10% GRAND TOTAL Prepared by: Wendy Davis Date: September 24, 2014 Hourly Rate $ 41.45 $ 24.63 $ 31.67 HOURLY RATE $ 58.50 $ 43.97 $ 29.02 HOURLY RATE $ 64.50 HOURLY RATE $ 44.11 $ 71.41 Benefits $ 17.06 $ 10.95 $ 16.05 HOURS ON JOB 1 2 2 Subtotal HOURS ON JOB 1.5 subtotal HOURS ON JOB 1 2 Subtotal . Total $ 58.50 $ 35.58 $ 47.72 TOTAL $ 58.5() $ 87,94 $ 58.04 $ ~.48' / TOTAL $ 96.75 $ ~6tl.5 / TOTAL $ 44.11 $ 142.82 $ ~f\:93 $ 48Jl2 ···""· $.~·<s~ll!Ss' ~--.-'-' "_;:' EXHIBIT 1 Vehicle Replacement Malnttnl:!f'lce Total Hourly rate Sewer Combo Truck 44.77 26.64 71.41 Benefit Hourly Hoy!'.!Y.JiaJL T2l;11:!Annual !Qtl!:.t Total Sala!Y + Burdened Roite Staff Position B.o!L +CWEA #Hours ill!ID: Pbone & car Pm H•alth Retiree Health ll!E Medicare Benefits Benefits Hourly R!!:1~ Percent Maint Supervi;or (EC) 39.1000 41.4460 2080 86,207.68 959.92 20,223.84 9,588.00 862.08 25'94,04 1,250.01 35,477.89 121,685.57 58.50 41.15% Maintenance Worker I (AA) 22.5700 22.9086 2080 47,649,78 959.92 4,320.94 14,388.00 476.50 2594,04 690.92 23,430.32 71,080.10 34.17 49.17% Maintenance Worker l (BJ) 24.2700 24,6341 2080 51,238.82 959,92 3,570.84 14,388.00 512.39 2594.04 742.96 22,768.15 74,006.98 35.58 44.44% Maintenance Worker (JO) 31.6700 32.1451 2080 65,861.70 959.92 14,304.42 14,388.00 668,62 2594.04 969.49 33,884.49 100,746.20 48.44 50.68% 151 Kalmus Drive, Unit HlG Copper Tree Suslness Park 151 Kafmus UnitJl Trico Development Co., 3100 Pullman, Costa Mesa,CA EXHIBIT 1 ,1N 8. HAMERS ANO ASSOCIATES, INC. JOE LIMON OTHER INSPECTION INSIDE ShaT 2 ,,( 2. 234 E. 17th Street, Ste. 205 Costa Mesa, CA 92627 DATE J/ I I 11 1 ! :1-//)-!f ,;:; -13-/"f 'I '' 2-/.1/-//{ 2.-/1-/'I If : ! JI 1 / II 'J 19 -)'/ If l I 11 I' ' LJ ' ' '' '\ _.,/ .,,, I :.; -!., J ,' DESCRIPTION/ADDRESS /<4/.4-yt)U;? :sp.~D~ -ft-p}, f~S:-1 lh;srsf As tk~,fici~/cl ¥ /A;$>'>-'c*-//t1 dfr,;f ~ff t~;.\10•:. * ·fl,,ru /1 r »~;j fir.t;'rf:; ff I/ ::i;ar §1; r. s. fed!Pf -saJw/,,,.tc P1 /!fl Sff'e //')<; .£{.?/~ "/-'". ,~ <•F lf-<J'':(":{:'t:f--<p~ -··-. -----~ 78 CAf?LO-itorJ,.~-Sj}"/?,>;-Trq1tJCf-R'iJJ'rifJtffQ /[;:l;:11-;.-"' . .,' . I tVs.p t-}-£~~' _£_;-L . -____ -... -~ , , J j I HOURS MILEAGE } /s I I I() I . 10 I / .8 I 10 I 10 2.(J 3o 16 J I o I /o ;hf (0 36 z • I EXHIBIT 1 Kaitlin Tran From: Steve Cano Sent To: Thursday, September 25, 2014 2:41 PM Kaitlin Tran Cc: Wendy Davis Subject: FW: Coppertree Billing Information From: Sandra Sanchez [mailto:ssanchez@jimnisystems.com] Sent: Thursday, September 25, 2014 2:25 PM To: tgomez@cmsdca.gov Cc: Steve Cano Subject: Coppertree Billing Information COPPERTREE BUSINESS PARK ASSOCIATION, INC CID ACCELL PROPERTY MANAGEMENT 23046 A VENIDA DE LA CARLOTA 8#700 LAGUNA HILLS, CA 92653 Best Regards,. ~~ J1MNI Systems, Inc. Pump and Control Specialists 11161 Jeffrey Road I Irvine, CA 92602 T (949) 770-7654 I F (949) 651-6043 ssanchez@jimnisystems.com This message and any attached documents contain information that may be confidential and/or privileged. The information herein may also be protected by the Electronic Communications Privacy Act, 18 USC Sections 2510-2521. If you are not the intended recipient, you may not read, copy, distribute, or use this information. If you have received this transmission in error, please notify the sender immediately by reply e-mail to and delete all copies of this message including any attachments. 1 EXHIBIT 1 ( From: Wendy Davis <Wdavis@cmsdca.goV> Subject: FW: 151 Kalmus private spill Date: December 2, 2014 1 :56:08 PM PST To: Alan Burns <arb@harperburns.com> 6 Attachments, 3.1 MB Thank you. Wend.] J{. fDawis Finance Manager Costa Mesa Sanitary District 628 W. 191!1 Street. Costa Mesa, CA 92627 949.645.8400/949 650.2253 fax wdavis@cmsdca.gov From: Wendy Davis Sent: Wednesday, November 19, 2014 11:31 AM To: 'stevefeistel@accellpm.com' Subject: FW: 151 Kalmus private spill Mr. Feistel, Attached are pictures of the February 2014 spill. Thank you. 'Wewly Finance Manager Costa Mesa Sanitary District 628 W. 19th Street, Costa Mesa, CA 92627 949.645.8400/949.650.2253 fax wdavis@cmsdca.gov EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 / 0 ')' NovE\mber 6, 2014 Scott Carroll Costa Mesa Sanitary District 628 W 19th Street Costa Mesa, CA 92627-2716 Re'. Coppertrea Business Park Association, Inc. 151 Kalmus Dear Mr. Carroll ; [Occell Previously we wrote to you on September 26, 2013 in response to your letter dated September 13, 2013 regarding a reported Sanitary Sewer Overflow and billing. To date we have not received a response. Recently Coppertree Buslness Park received new invoices for work allegedly performed by the Sanitary District. We are requesting more information regarding invoice #s 0000086 & 0000087. Please provide specific information and documentation regarding the nature of the overflow and what specific action the Sanitary District took. Coppertree Business Park utilizes the service of Jimni Systems, Inc. for the maintenance and repair of the sewer lift station located on the property and has the system seIViced on a quarterly preventive maintenance program. We were not aware of any failures or overflows with the system and where not contact by the Sanitary District prior to incurring these charges: Thank you in advance for your ass[stance in this matter. ~. erel~ '\A_-&--? S eF~~ On ehalf of\Coppertree Business Park Association, Inc. D TEL 949.581-4983 FAX 949.581.9735 wEa acccllpm.com 23046 Av;:,inid<i d(.; !::1 Carlota, Suite 7DD. Laguna Hills, CA 92653 EXHIBIT 1 ... an Irufepenrfrmt SpeciaI ©istrict BILL TO Coppertree Business Park Association, Inc. c/o Accell Property N1anagement 23046 Avenida De La Carlota Ste.700 Laguna Hills, CA 92627 DESCRIPTION PREVIOUS ACCOUNT BALANCE -,.,-;:::::-~ ... ~ /-)"\ 151 Kalmus Dr -Sanitary Swr-Overflo?' 2112/14;,,,J Cl\1SD Staff Costs (SSO ;2/12114) --,, Contract RBH Inspector Administrative Overhead CMSD Service Truck & Vac Truck QUANTITY LOO LOO LOO LOO REC!::lVcU SEP 3 0 20\4 ACCELL PROPERTY MANAGEMENT DATE INVOICE NO 0613012014 0000086 EFFECTIVE RATE $204.48 $96.75 $4S.82 $186.93 INVOICE AMOUNT DlJE: DQEDATE !ll/I0/2014 AMOUNT $2,473.31 $204.48 $96.i5 $48.82 ' $186.93 $536.98 TOTAL ACCOUNT BALANCE: $3,010.29 PLEASE DETACH BOTTOM PORTION & REMIT WITH YOUR PAYMENT _For questions please.contact us at (949}645-8400 Customer Name: Customer No: Account No: Coppertrce Business Park Association, Inc. 089307 0007054 -AR account for 89307 Please remit payment by the due date to: Costa Mesa Sanitary Dist. 628 W. I 9th St. Costa Mesa, CA 92627-2 716 DUE DATE INVOICE NO 1011012014 0000086 TOTAL AMOUNT DUE: $3,010.29 AMOUNT PAID: EXHIBIT 1 COS'T}l 'Jv!JES}l S}lJ{I'I'}lCJ('Y ©ISCJ'CJ(Ic;I RECEIVED SEP 3 0 2014 ACCELL PROPERTY MANAGEMENT DA:rE INVOICE NO I ,\}'i'j'l()\f<ij) ~{)~ fil~'f~1J~~fr\ff 06/30/2014 i 0000087 ! ,---;B:::I;:-L;:-L-:;T:;:O;----------------.-:<:::.?';:-. F:cn."'""'~'~~151, ~y; ~~~<;;,<: --,.,,,..=,.,-. ,_~.,; ~:;~.,,, ;".{;>,;~""'"" ---· ,,,; .. --==-----"''"'------Coppertree Business Park Association, Inc. ·:·-~~) :::;-~~ ~~m:: .:.::~_::::-:~":":·.· _ __. .. ,,. =~_,,,,.,,,..,_-~---"· ~Joo~~~~~~~~~~~ {;~~i~:e;:e.700 ·· . .iU.;~il;flli71~~~~~~:;~-~-T ==~~~, -.__ ___ La_g_un_a_H_•_n_,,_c_A_9_2_6_2_1 _________ "':,.,:t"'1 ,,,:tf~-'c~:'.:'·:''~sm ~=~~:: ,,~CC-1. ~ MDT:--~-~ ..• ACCT. F. __ " ___ ,,..((" -A~ -·"· DUE DATE OPE~ q _FtEi~~i/~ c• er~ ~-if;· 10/10/2014 DESCRIPTION QUANTITY EFFECTIVE RATE AMOUNT PREVIOUS ACCOUNT BALANCE $0.0Q 151 Kalmus Dr -Sanitazy S"vr Overflow 7/10/13: Administrative Overhead LOO $224.85 $224.85 CMSD Staff Cost LOO $659.09 $659.09 CMSD Service Truck & Vactor LOO $299.!7 $299.17 CivfSD Contractor-C &R Drains LOO $1,290.20 $1,290.20 INVOICE AMOUNT DUE: $2,473.31 TOTAL ACCOUNT BALANCE: $2,473.31 PLEASE DETACH BOTIOM PORTION & REMIT WlTl! YOUR PAYMENT For questions please contact us at (949)645-8400 Customer Name: Coppertree Business Park l\.ssociation, Inc. 089307 DUE DATE INVOICE NO Customer No: Account No: 0007054 -AR acc9unt for 89307 Please ren1it payment by the due date to: Costa Mesa Sanitary Dist. 618 W. 19th St. Costa Mesa, CA 92627-2716 l0/1012014 0000087 TOTALA.l\>10UNT DUE: $2,47331 AMOUNT PA!D: EXHIBIT 1 LAW OFFICES OF HARPER & BURNS LLP A LIMITED LIABILITY i'ARTNERSHIP INCLUDING A PROFESSIONAL CORPORATION JOHNR. HARPER* ALANR BURNS COLIN R. BURNS OfCounm JUDI CURTIN* JOSEPH W. FLETCHER MICHAEL MONfGOMERY* •A PROFESSIONAL COllPORATJON December 23, 2014 Via U.S. Mail Mr. Steve Feistel 453 SOUTH GLASSELL STREET ORANGE, CALl.FORNIA 92866 TELEPHONE(714) 771-7728. FACSIMILE (714) 744-3350 Coppertree Business Park Association, Inc. 23046 Avenida de la Carlota #700 Laguna Hills, California 92653 stevefeistel@accellpm.com Re: Our Client: Costa Mesa Sanitary District Issue: Sewer Spill on Dec 21, 2014 at 151 Kalmus Drive Dear Mr. Feistel: AlanR. Bums ub@harperllums.wm I wanted to provide you wiih early notice ihat there was another sewer spill at the above address last night. District staff was required to respond after hours and were at the site. Their total response time encompassed the hours from 6:20 p.m. to 8:30 p.m. (portal to portal). We will be providing you with back up for ihis soon when the invoice is generated. We understand that JIM.NI was on site also. ARB:ek cc: Via Electronic Mail General Manager Finance Manager Associate Accountant District Engineer Sincerely, :t<Z:: Alan R. Burns District Counsel Felicia, Accell Property Management, Inc. EXHIBIT 2 Steve Feiste] Sewer Spill on Dec 21, 2014 at 151 Kalmus Drive December23, 2014 Page2 of2 Via U.S. Mail and Email Accell Property Management, Inc. Harper & Burns LLP I 453 South Glassell Street, Orange, California 92866 f Telephone (714) 771*7728 I Facsimile (714) 744-3350 I www.harperburns.com EXHIBIT 2 From: Wendy Davis <Wdavis@cmsdca.goV> Subject: FW: 151 Kalmus spill last nith (again) Dec 22 2014 Date: December 23, 2014 8:28:10 AM PST Tc: Alan Burns <arb@harperburns.com>, Scott Carroll <scarroll@cmsdca.goV> Cc: Steve Cano <Scano@cmsdca.goV>, Wendy Davis <Wdavis@cmsdca.goV>, "Kaitlin Tran" <ktran@cmsdca.goV> 9 Attachments, 423 KB Hi, so should I email the property manage ASAP and let him know there was ariother spill?? Or just invoice them? Steve says JIMNI was already there so who called them? C&R was the one that called us and they were called by the Police Dept. Thank you. 'Wenlfy Jl lJJavis Finance Manager Costa Mesa Sanitary District 628 W. 19 111 Streel, Costa Mesa, CA 92627 949.645.84001949.650.2253 fax wdavis@cmsdca.gov From: Steve Cano Sent: Tuesday, December 23, 2014 6:24 AM To: Wendy Davis; Scott Carroll; Rob Hamers; RBH, Inc. Subject: FW: 151 Kalmus spill last nith (again) Dec 22 2014 Well, we were called by C&R again last night for another spill for the complex at 151 Kalmus. I know that they are reluctant to pay for the last few spills still. They have been told years ago that the pumps need to be changed here, but they ignored the recommendations from JIMNI years ago. When Brandon arrived, JIMNI was already there and had the station up and running again, again the pumps were tripped. Brandon set out bags at the storm drain and was not spilling when he arrived. The spill was small we are assuming. We did not clean up the area last night, so I am sure it is still there. They have not paid us for our services and maybe we should contact the health agency this morning and have them go out and deal with them also. These pumps NEED to be changed because it will happen again. We will be sending them another bill for Brandon's time there. Last night I will go by there and check it out Steue Se\ver Maintenance Supervisor Costa Mesa Sanitary District Phone (949) 548-7505 Cell (949) 281-6785 Fax (949) 515-1534 From: STEVE CANO [mailto:steever1969@msn.com] Sent: Tuesday, December 23, 2014 6: 11 AM To: Steve cano Subject: EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 ( EXHIBIT 2 ... an rn£"P"naentS:peci& \District BlLLTO Coppe1tree Business Park Association, Inc, c/o Accell Prope11y Management 23046 Avenida De La Carlota Ste. 700 Laguna Hills, CA 92627 DESCRIPTION Sanitary Sewer Overflow-151 Kalmus Drive 1212272014; CMSD Staff2. l 7hrs & Equ!pn1ent QUANTITY 1.-00 DATE L'IVOICE NO 12/2312014 0000094 DUE DATE 01/2312015 EFFECTIVE RATE AMOUNT l>l90.22 $190,22 INVOICE AMOUNT DUE: $19022 PLEASE DETACH BOTTOM PORTION & REMIT WITH YOUR PAYMENT For questions please contact us at (949)645-8400 Customer Name: Customer No: Account No: Coppertree Business Park Association, Inc. 089307 0007054 -AR account for 89307 Please remit payment by the due date to: Costa Mesa Sanitary Dist. 628 W. 19th St. Costa Mesa. CA 92627-2716 DUE DATE INVOICE NO 01/23/2015 0000094 T01ALAMOUNT DUE: $190.22 AMOUNT PAID: EXHIBIT 2 Costa Mesa Sanitary District Project Cost Sheet Project Location: 151 Kalmus Drive, Costa Mesa, CA 550 Event Date: December 22, 2014 Description of Work: Respond to private sewer overflow Staff Position Maintenance Worker I TOTAL STAFF COST Maintenance Worker I TOTAL CONTRACTOR COST TOTAL EQUIPMENT CoST Service Truck Administrative Overhead-10% GRAND TOTAL Prepared by: Kaitlin Tran Date: December 23, 2014 Hourly Rate $ 24.63 HOURLY RATE $ 35.58 HOURLY RATE HoURLYRATE $ 44.11 Benefits $ 10.95 HOURS ON JOB 2.17 Subtotal HOURS ON JOB Subtotal HOURSONJQB 2.17 Subtotal Total $ 35.58 TOTAL $ 77.21 $ 77.21 TOTAL $ -TOTAL $ 95.72 $ -$ 9.5.72 $ 17.29 $ 190.22 EXHIBIT 2 From: Wendy Davis <wdavis@cmsdca.goV> Subject: Invoice Date: January 6, 2015 4:32:03 PM PST To: Alan Bums <arb@harperburns.com> Cc: Kaitlin Tran <ktran@cmsdca.goV> ~ 2 Attachments, 208 KB Hi, here is the invoice. Do we need to mail a copy too? Or just let you send it? Thank you. 'Wenay :J£. <Davis Finance Manager Costa Mesa Sanitary District 628 W. 19th Street, Costa Mesa, CA 92627 949.645.8400/949.650.2253 fax wdavis@cmsdca.gov BILL TO Coppertree Business Park. Association. !nc. do Accell I'rnperty )'vlana.gement 23tl46 A\-enida De La Carlota Ste. 7(10 Lil,guna Hills. CA 92627 DESCRIPTION 151 Kalmus Dr -Sanitaiy Swr Overflow 12/30/14: CMSD Main! Worker CMSD Maintenance Supervisor CMSD Vactor Truck CMSD Service Truck Administration Fee QUANTITY 1.00 I.Off LOO, 1.00 UlO DATE INVOICE NO 01/0612015 0000095 I DUE DATE I 02/06120!5 EFFECTIVE RATE AMOUNT $84.77 $84.77 s169.ro $!09.10 $124,97 $!24.97 $77,19 $77.19 $39.60 $39.60 INVOICE ,AMOUNT DUE: $435.63 EXHIBIT 3 PLEASE DETACH BOTTOM PORTJON & REMTT WITH YOUR PAYMENT For <jucst!ons please coniact us at (949)645-8400 Cu.~tomerName: Cu.~tomer No: Account No: Coppertree Business Park Association. Inc. 089307 00070:54 -AR ~c~o11nt fur 89307 Please remit payment by the dtte date to: Costa Mesa Sanitary Dist. 628 w. 19th$! Costa Mesa, CA 92621-2716 DUE DATE INVOICE NO 02106/2015 0000095 TOTAL AMOUNT DUE' AMOUl\'T PAID' $435.63 EXHIBIT 3 ;rom: Rob Hamers <robh2@cox.net> 3<.;~ject Fwd: 151 Kalmus Dec 30th 2014 Date-: December31, 2014 7:22:36AM PST Tc: Alan Burns <arb@harperburns.com> Cc: Wendy Davis <Wdavis@cmsdca.goV>, Steve Cano <scano@cmsdca.goV>, Scott Carroll <scarroll@cmsdca.goV> ~ 9 Attachments, 3.7 MB Hi Alan, _____ , __ LS .. -a 7 --• 1 Rob I'" D1STH1CT ENf;fz.;:FER I c~oSTA :V1ESA SANITARY {)JSTH:!C'T 628 \V. 19fr• Street~ Costa 1\rfesa. CA 92627 phone 631-1731 ice!! (714) 293-27271 fax (949) 548-6516 Irvine office email: robh2@cox.net I Costa Mesa office email:rbhinc@pacbell.net Begin forwarded message: From: Steve Cano <Scano@cmsdca.goV> Su_bject: 151 Kalmus Dec 30th 2014 Date: December 31, 2014 at 5:59:14 AM PST To: Scott Carroll <scarroH@cmsdca.aoV>, Rob Hamers <robh2@cox.net>, "RBH, !nc." <rbhinc@pacbell.net> Cc: Wendy Davis <wdavis@cmsdca.goV>, ncrodrlguez@iimnisystems.com" <crodriguez@Hmnisvstems.com>, "janzora@ochca.com" <janzora@ochca.cor'n> Another private SSO at 151 Kalmus. At 255 PM I received call from Tami at HQ that she received a call from Kris Rodgers who has a 'Jusiness in the complex calling to say that there is sewage coming from the manhole. I immediately called JIMNI to see if they have been notified yet because they are always returning to th_is location for their pump issues. They were not con~acted yet and said they have to wait to hear from them to get a work order. I also then proceeded to call OCHA so they can witness the spill. I just talked to Malina last week about the spill from this same location.last week and they said to call them as soon as it is occurring so they can do a report. I then left to go to the location and also called Joel to bring the vac truck. I arrived about 320 PM and did see that a small trickle was coming from the manhole and the sand bags were still there from last week so the majority was already being contained. I then drove to the private pumps station and tried to see if I could reset a pump, and at this time, Don from JIMNI showed up along with Joel. Don began to work at the station while Joel and I headed to the SSO to clean up. Flow from the manhole stopped at 350 PM and we cleaned and finished cleaning at 415 PM. At this time, Juan Anzora from OCHA and began a report and requested that I send these same pictures to him, which I did. We estimated a spill of 50 gallons. Joel and I clocked out at 445 PM. Wendy, for the bill, it was Joel and I with my truck and the vac truck. 300 PM to 445 PM. From: STEVE CANO [mailto:steever1969@msn.com] Sent: Wednesday, December 31, 2014 5:36 AM To: Steve Cano Subject: EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 [CMSD Header HERE] To: All Properties Served by the Pump Station at 151 Kalmus Drive, Costa ` Mesa. Notice of Intention to Disconnect for Sewer Violations (California Health and Safety Code section 6523.2) Notice is hereby given that the Board of Directors of the Costa Mesa Sanitary District will meet on , 2015 at 628 W. 19 th Street, Costa Mesa at a.m./p.m. to consider whether the property at 151 Kalmus Drive , Costa Mesa, s hould be disconnected for violations of the District’s Operations Code pertaining to the maintenance of its pump station. The basis for the violations is set forth in the attached Exhibit. The proposed date of disconnection is , 2015. Dated: by: General Manager EXHIBIT TO NOTICE FOR DISCONNECTION OF PROPERTY AT 151 KALMUS DRIVE , COSTA MESA, CA INTRODUCTION This Exhibit provides the back up material for the violatio ns at t he above location that support disconnectio n of the property from the District’s sewer system. It is based on a series of pump station failures that culminated in a pump station that has been characteri zed as being in imminent danger of a further spill. THE LAW APPLICABLE The Sanitary District L aw The Costa Mesa Sanitary District (“CMSD ”) is a Calif ornia Sanitary District established pursuant to the provisions of Calif ornia H ealth and S afety C ode section 6400 et seq.. That Code provides that the District may enter private property and disconnect that property from the sewer syst em and terminate service for violation of any rule or regulation, after a hearing is provided. A copy of the notice of the hearing must be pro vided to owners of record, according to the Assessor’s tax roll, and a copy provided to each tenant or posted conspicuously on the property. (Health & Saf. Code, § 6523.2) A dditionally, it is provided in S ection 6523.3 that the District is empowered to c orrect any violation of its ordinances and the cost of the correction may be added to any sewer service charge payable by the person violating the ordinance or the owner or tenant of the property upon which the violation occurred. The District has all reme dies available to it for collection of those costs as it has for regular sewer service charges . Power to Coll ect Charges The District is entitled to have its charges collected on the assessment roll, with other rates and charges. (Health & Saf. Code, § 5471 .) The District collects those charges by filing a written report every year with the county auditor/tax collector. The charges may thereafter incur interest at ten percent (10%) for nonpayment, plus a penalty of one and one half percent (1.5%) for fa iling to pay the charges. (Health & Saf. Code, § 5473.10 .) The District’s Ordinances The District operates under a Waste Discharge Order from the State Water Resources Control Board which requires that the District take numerous actions to ensure that there are no sanitary system overflows (“SSOs ”). Property owners in the District are responsible for maintaining sewer laterals in a safe, sanitary , and unobstructed condition, and all devices appurtenant to those laterals must be maintained in good work ing order. (District Operations Code, § 6.02.020 .) In cases in which a property is a source of sewer spill on more than one occasion such that recurrence is likely, or in cases of imminent danger of future sewer spills, the Board may order that the respons ible person reconstruct the sewer lateral or other appropriate device to protect against overflows that would violate the law. (District Operations Code, § 6.02.070 .) The District may also disconnect the property from the system. (District Operations Code , § 6.02.080 .) It is further provided that the District has the authority to charge for all costs related to failure to maintain property and other actions which cause sewer spills or back ups. Responsible persons are liable for response costs whether by D istrict personnel or District’s independent contractors. The District is entitled to recover for the full costs of such responses. (District Operations Code, §§ 6.09.020, 6.09.030) It is further provided that the District is entitled to recover its costs for abating a violation pursuant to H ealth and Safety Code section 6520.2 and that the cost may be passed on to the person violating the ordinance, the owner or the tenant. (District Operations Code, § 6.10.010) Although due process is generally to be prov ided beforehand, in sewer spill situations , the need for a prompt response in the interest of public health, safety and welfare usually outweighs the due process considerations of having a pre -abatement hearing. In those cases , the District Engineer may de termine that immediate abatement is required and only witness statements and photographs may be available for a post -abatement hearing. (District Operations Code, § 6.10.050) All of the above provisions are subject to due process and responsible persons a re entitled to a fair hearing on whether the conditions warranted abatement and whether the charges are reasonable. INCIDENTS FORMING THE BASIS FOR THE DISCONNECTION 1. On July 30, 2013 , a sewer spill occurred at the site and caused a District response. The property manager was sent a District invoice for the sum of $2,473 .31 which remains unpaid. (See Exhibit 1 .) 2. On Feb ruary 14, 2014 , a sewer spill occurs requiring a District response. The property manager was sent an invoice in the sum of $536 .98 , which remains unpaid. (See Exhibit 1 .) 3. On. Dec ember 22, 2014 , a sewer spill occurred and CR &R and JIMNI were both called out to the scene. An i nvoice is attached for District time spent on this SSO and the charges are $190.22 . (See Exhibit 2 .) 4. On Dec ember 30, 2014 , another sewer spill occurred. Kris Rodgers in a private business complex called to say sewage was coming form the manhole. JIMNI was contacted but they would not respond until yo ur company approved the work order. District personnel responded to the scene and a clean up effort occurred. District personnel tried to reset pump. There was an estimated spill of 50 gallons. An i nvoice is attached and the charges are $435.63 . (See Exhib it 3 .) At the time and place provided in the Notice of Intention to Disconnect, you will be given an opportunity to explain if you believe you are not responsible or if you believe disconnection is not appropriate. You will be provided with an opportunity to bring evidence, witnesses, documentary evidence and you will be given an oppo rtunity to address the Board. You may desire to seek the advice of an attorney. There will be a limited opportunity to ask questions of the District’s witnesses. Please respond if you object to this property being disconnected. Please also pay all invoice s and offer any repair plan with definite executed contracts for any repair work you will contend will be authorized and an enforceable deadline for time of completion, with penalty provisions if the work is not completed on time. Costa Mesa Sanitary District ... an Independent Special District Orange Place Sanitary Sewer Overflow - Oral Report Recommendation/Notes: Recommendation: That the Board of Directors receiv e the oral report. Item Number:7. Costa Mesa Sanitary District ... an Independent Special District Solid Waste Association of North America (SWANA): T he Road to Zero Waste Conference - March 16-19, 2015, New Orleans, Louisi ana Recommendation/Notes: Recommendation: That the Board of Directors consid er sending a board member to the conference. Item Number:8. ATTACHMENTS:Description Type SWANA - New Orleans, Louisiana Cover Memo Costa Mesa Sanitary District …an Independent Special District Protecting our community’s health and the environme nt by providing solid waste and sewer collection services. www.cmsdca.gov Memorandum To: Board of Directors From: Scott Carroll, General Manager Date: January 13, 2015 Subject: Solid Waste Association of North America (SWANA): The Road to Zero Waste Conference – March 16-19, 2015, New Orleans, Louisiana Summary SWANA’s annual Road to Zero Waste Conference is goi ng to focus on three topics that last year attendees wanted to hear more of. The Di strict attended last year’s conference, which was held in Monterey, California. The three topics to be discussed that are related to achieving Zero Waste goals are as follows: 1. Financial 2. Social; and 3. System challenges Staff Recommendation That the Board of Directors considers sending a boa rd member to the conference. Analysis The Road to Zero Waste Conference is scheduled for March 16 -19, 2015 in New Orleans, Louisiana. Staff reviewed the preliminary program online and believes there are some relevant topics at the conference that may provide beneficial information to CMSD. The following conference programs staff believes is wor th attending. Board of Directors January 13, 2015 Page 2 of 3 • The Financial Power of Zero Waste Programs: A Pay-a s-You-Throw Case Study from Worcester Massachusetts. - Pay-as-you-throw (PAYT) programs have long been recognized as one of the strongest t ools to help municipalities accomplish their zero-waste goals. Paying for solid waste services in proportion to how much they use makes people aware of the cost of it, which leads them to throwing away less and recycle, compost, reuse, and make source reductions more. Solid waste is often considered a utility, s o it would make sense to treat it like other utilities (gas, water, and electricity) where people pay more for consuming more. • The “One Bin” MSW System and the “Real” Mixed MRF – This presentation describes how the City of Montgomery Alabama implem ented the one bin / mixed waste system like the one currently being used at C MSD. Officials believe Montgomery will divert up to 80% of its waste from the landfill using the one bin / mixed waste system. This diversion will be achieved by separating up to 95-99 % of available recyclables and recovering and processing organic waste. Future expansion of the facility will include an anaerobic digestion (AD) plant that will convert organic residuals into compressed natural g as (CNG) and compost, as well as a high value engineered fuel production facility for use in coal fired power plants. It will be interesting to learn how Montgo mery is diverting 80% before the AD plant is constructed and how they are able to se parate organics without being contaminated with refuse. • Behavior Change, Education & Action: Utilizing Prov en Strategies to Increase Recycling – This presentation describes how Keep America Bea utiful successfully change people’s behavior to increase recycling. In formation learned from this session might help in the District’s endeavors of c onducting its own behavior study for organics recycling. • Shifting the Paradigm from the Old Way to Zero Wast e: Oberlin, Ohio – This presentation describes the City’s Zero Waste Plan a nd how politics and personal agendas can derail your plans even if it makes econ omic and sustainable sense. Strategic Element & Goal This item will complies with Strategic Element No. 3.0, Partnerships and Strategic Goal No. 3.4, Participate in the activities of professional assoc iations. Legal Review Not applicable Board of Directors January 13, 2015 Page 3 of 3 Environmental Review Attendance at a conference is not a disturbance of the environment similar to grading or construction and does not constitute a project unde r CEQA or the District’s CEQA Guidelines. It may also be noted the purpose of th e conference is betterment of the environment through more effective trash collection and recycling programs. Financial Review The cost to attend this conference is estimated at $2,044 per person, which includes hotel (3 nights), conference registration, transportation , airfare, parking and meals. On December 18, 2014, the Board approved sending one s taff person to the conference, but directed staff to bring this item back for discussi on at a study session to consider sending a board member. There is sufficient money in the budget to send one staff person to the conference; however, additional money, in the amount of $2,044 , will need to be appropriated if the Board approves sending one board member to the conf erence. Public Notice Process Copies of this report are on file and will be inclu ded with the entire agenda packet for the January 13, 2015 Board of Directors study session m eeting at District Headquarters and on the District’s website. Alternative Actions 1. Request more information from staff. Reviewed by: Wendy Davis Finance Manager Costa Mesa Sanitary District ... an Independent Special District Providing Sewer and Solid Waste Collection Services to New Developments Recommendation/Notes: Recommendation: That the Board of Directors receiv e and file the report. Item Number:9. ATTACHMENTS:Description Type Sewer and Solid Waste Collection Cover Memo Costa Mesa Sanitary District …an Independent Special District Protecting our community’s health and the environme nt by providing solid waste and sewer collection services. www.cmsdca.gov Memorandum To: Board of Directors Via: Scott Carroll, General Manager From: Rob Hamers, District Engineer Javier Ochiqui, Management Analyst Date: January 13, 2015 Subject: Providing Sewer and Solid Waste Collection Services for New Developments Summary The Board of Directors requested a discussion on ho w staff determines the District can provide adequate services (sewer and solid waste) t o new development. Staff Recommendation That the Board of Directors receive and file the re port. Analysis The Board of Directors requested a discussion on ho w staff determines the District can provide adequate services (sewer and solid waste) t o new development. The following is a brief summary. SEWERS Sewer Capacity Check 1. Review the proposed site plan and calculate the density of the proposed development. For example, if residential, calculat e number of proposed dwelling units per acre. Board of Directors January 13, 2015 Page 2 of 4 2. Review the proposed sewer design in terms of rat e of discharge and direction of proposed wastewater flow. 3. Review the proposed density, flow rates, and dir ection of flow relative to acceptable levels identified in the District’s 2005 Sewer Mast er Plan and the new Hydraulic Model. If the density and flow rates are within ac ceptable levels, issue a “will serve letter”. 4. If the proposed flow rates from the development are higher than the master plan or hydraulic model anticipated, review the impact of t hese higher flows and then require the engineer of record to perform a formal sewer study detailing the impacts. The existing system is checked with the e xtra flows from the developer’s parcel plus another scenario is developed where the developer’s parcel and other parcels on the same sewer system have the same dens ity as the developer’s proposed density. This scenario gives the District an indication of the cumulative impacts if the domino theory were to occur and othe r property owners in the vicinity of the subject parcel were to apply for the identic al density. 5. After review and approval of the sewer study, if additional sewer capacity is needed, notify engineer of record and include the m itigation measures in the will serve letter. The District requires developers who need extra capacity to provide this capacity instead of having the ratepayers bear this burden. The sewer study and conditioned will serve letter are then circulat ed. 6. Remind the engineer of record the will serve let ter is written with a 3-year expiration period after which a new request to the District mu st be made. The District does not reserve sewer capacity into the long-term futur e. Review of Preliminary Sewer Improvement Plan for Ad herence to Standards 7. With regard to sewer design, the District has ad opted the latest version of the California Plumbing Code (CPC) for sewer constructi on on private property and the District’s Standard Specifications for Sanitary Sew er Construction for all work in public right-of-way or in CMSD easements. 8. Review the design and constructability of the se wer improvements proposed for the development including clarifying which sections of sewer will be private and which will be public. Board of Directors January 13, 2015 Page 3 of 4 9. Provide redline comments to the engineer of reco rd and discuss by phone conversation or meeting. 10. Clarify with the engineer of record the Distric t is an independent special district separate from the City and explain the current plan check procedure, processing requirements, fee calculations, location of sewer a tlas on the website, etc. 11. Maintain a friendly open-door policy for and fo llow-up questions . SOLID WASTE When developers submit plans for developments, they go through the City's Development Review Committee Process. The plans are reviewed by the committee and comments are noted. The comments are forwarded to the developer for changes, corrections, etc. Each plan is different but staff will specifically look for trash pick-up accessibility. Staff looks for the following requirements: Minimum of 20 feet street width/ gutter and curb l ocations Minimum of 40 feet turning radius For larger developments, staff looks for route pat h and cart placement Complicated plans are forwarded to CR&R for commen t The CR&R trucks are 9 feet wide, 15 feet tall and a bout 35 feet long; however, after having discussions with CR&R, they have agreed to u se smaller refuse trucks if such development necessitates the use of said vehicle. In addition, staff will make sure the buildings do not have any overhangs that might make it difficult for the trucks to pass through. We also look at parking and parking stalls within the development to make sure they do not get in the way and staff will check the architectural plans to make sure that enough room to store carts out of public view. Strategic Element & Goal This item will complies with Strategic Elements No. 1.0, Sewer Infrastructure and No. 2, Solid Waste, which states: Sewer Infrastructure “Objective: Our objective is to collect and transport wastewate r to meet the needs of existing and future customers. Board of Directors January 13, 2015 Page 4 of 4 Strategies: We will do this by the careful management of the co llection infrastructure using prudent planning and maintenance, with financ ial strategies to maintain sufficient capacity and respond to changing regulatory demands .” Solid Waste “Objective: Our objective is to manage the collection and recyc ling of residential trash in the most economical and environmentally friendly wa y. Strategies: We will do this by looking for ways to improve effi ciencies, achieve high customer satisfaction, and considering prudent new recycling methods.” Legal Review Not applicable. Environmental Review A review of the policies and procedures used by the District in its initial review of new development is an administrative matter and is not a disturbance of the environment similar to grading or construction and is not a pro ject under CEQA or the District’s CEQA Guidelines. Financial Review The additional development within the community wil l increase revenues for the District to cover associated expenses; however, how much revenu es and expenses are not known at the time this report was prepared. Staff will have a better forecast of additional revenues and expenses during the budget development process. Public Notice Process Copies of this report are on file and will be inclu ded with the entire agenda packet for the January 13, 2015 Board of Directors study session m eeting at District Headquarters and on the District’s website. Alternative Actions 1. Request more information from staff. Costa Mesa Sanitary District ... an Independent Special District Future Study Session Items Recommendation/Notes: Recommendation: That the Board of Directors provid e staff with direction on items to be placed on future study session agendas. Item Number:10. Costa Mesa Sanitary District ... an Independent Special District ADJOURNMENT Recommendation/Notes: THE NEXT STUDY SESSION OF THE COSTA MESA SANITARY D ISTRICT BOARD OF DIRECTORS WILL BE HELD ON TUESDAY, FEBRUARY 10, 201 5 AT 9:30 A.M. IN THE DISTRICTS BOARD ROOM, 628 W. 19TH STREET. Item Number: