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Agenda Packets - Board - 2010-04-22
'i r • Costa Mesa anita- District ... an Independent Special District Robert ®oten Vice President James Ferryman Director AGENDA Arlene Schafer President Gary Monahan Secretary Arthur Perry Director Public Comments. Any member of the public may address the Board. Speakers on agenda items should identify themselves to the 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 three 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 628 W. 19'h Street, Costa Mesa, California. The Clerk of the District may be contacted at (949) 645 -8400, ext. 223. In Compliance with ADA: Contact Joan Revak, (949) 645 -8400, 48 hours prior to meeting if assistance is needed (28 CFR 35.102.35.104 ADA Title II). Regular Meeting — Thursday, April 22, 2010 RECOMMENDED ACTION CALL TO ORDER - 5:30 pa M. - 628 W. 19th Street, Costa Mesa II. PLEDGE OF ALLEGIANCE - Director Ferryman III. INVOCATION - Thomas Fauth IV. 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.) V. Announcement of Late Communications NOTE:. Unless directed otherwise by the Board of Directors, all actions shall be based on/memorialized by the latest document submitted as a late communication. VI. CONSENT CALENDAR - All matters listed under the Consent Calendar are considered to be routine and will be enacted in one motion in the form listed below. There will be no separate discussion on these items prior to the time the Board votes on the motion, unless members of the Board request specific items to be removed from the Consent Calendar for discussion, in which event the item will be removed from the Consent Calendar and considered in its normal sequence on the agenda. Protecting our community's health dy pmviding soUd waste and sewer collection services. www.crosdca, qav CUStt -Weser Sanitary, District April 22, 2010 AGENDA Rage 2 RECOMMENDED ACTION Reports A. Minute Approval 1. Sewer System Committee Meeting — March 16, 2010 2. Recycling Committee Meeting —March 22, 2010 3. Regular Board of Directors Meeting — March 25, 2010 4. Special Meeting —Strategic Planning Meeting —April 7, 2010 B. Operations Manager's Report 1. Refunds No Refunds 2. Occupancy Report and payment to Costa Mesa Disposal —March 2010 Approve 3. Waste Diversion Report— March 2010 Receive & File 4. Contract Payment to CR Transfer for Recycling Services& Disposal Ratify Payment for March 2010 • 5 Ordinance Enforcement Officer's Report Receive & File 6. Costa Mesa Community Run Update C. Engineer's Reports 1. Project Status Report Receive & File 2. Howard S. Wright Contractors Invoice in the amount of $321,722.88 Ratify Payment D. Treasurer's Reports 1. Financial Reports as of March 31, 2010 Approve 2. Investment Report as of March 31, 2010 Approve - - -END OF CONSENT CALENDAR -- VII. WRITTEN COMMUNICATIONS Vlll. PUBLIC COMMENTS IX. MANAGER'S REPORTS A. Stericycle Agreement Consider • B. Letter of Support for Assembly Bill No. 2407 Consider C. Letter of Support for Assembly Bill No. 2182 Consider Protecting our community's health and the environment by providing solidwaste andsewer collection services. www.crosdca.ov GostU'Mesa Sanitaq District April 22, 2010 AGENDA .Page 3 • RECOMMENDED ACTION X. Recycling Committee A.. Monday, April 19, 2010,12:00 p.m., Accept Report CMSD Board Room, 628 W. 19th Street, Costa Mesa (Directors Ooten and Perry) Note: The Recycling Committee will meet on the above date and time to discuss the matters on a separate agenda which is posted and made a part of this agenda. Members of the public should refer to that separate agenda for the items discussed and to be discussed. The Board may take action on any of those items on this agenda. XI. ENGINEER'S REPORTS A. Project No. 171 — Irvine Pump Station Force Main Update Accept Report XII. SEWER SYSTEM COMMITTEE • A. Tuesday, April 13, 2010 CMSD Board Room, 628 W. 19th Street, Costa Mesa (Directors Monahan, Ooten and Perry) Note: The Sewer System Committee will meet on the above date and time to discuss the matters on a separate agenda which is posted and made a part of this agenda. Members of the public should refer to that separate agenda for the items discussed and to be discussed. The Board may take action on any of those items on this agenda. XIII. TREASURER'S REPORTS A. Plan Check, Inspection, Permit and Annexation Charges 1. Sewer User Fee Study 2. CMSD Ordinance No. 75 — Revising the Plan Check, Inspection, Permit & Annexation Fee Provisions of the District Operations Code 3. CMSD Resolution No. 2010 -777 — Establishing Plan Check, Inspection. Permit and Annexation Fees Accept Report Consider Adopt Ordinance Adopt Resolution XIV. ATTORNEY'S REPORTS A. Claim by Back Bay Center, Ltd. For Property at 2651 -2675 Irvine Avenue Status Report • (CMSD Project #168 - Irvine Pump Station Relocation) B. Adoption of an Ordinance Enacting an Administrative Citation Imposing Consider Civil Fines for Violations of District Ordinances Protecting our community's health and the environment by providing solid waste andsewer coClection services. www.crosdcagov AGENDA • April 22, 2010 .Page 4 RECOMMENDED ACTION XV. LOCAL MEETINGS (REMINDER: In accordance with AB 1234 (Gov. Code § 53232.5), a report is required to be given by a Director for any meeting for which expense reimbursement of any kind is provided. Note: For meetings for which the per diem compensation is sought, the Operations Code provides that such compensation is authorized for each day's service rendered as a Director at the request of the Board (not to exceed six days in one month), and certain meetings are specified as being eligible as set forth in District Operations Code § 3.01.030. For meetings not so listed, the Board must approve the service for.it to be eligible for the per day compensation.) A. Orange County Sanitation District (OCSD) (Director Ferryman) Accept Report B. Santa Ana River Flood Protection Agency (SARFPA) Accept Report (Director Perry) C. Independent Special Districts of Orange County (ISDOC) Accept Report (President Schafer) D. Local Agency Formation Commission ( LAFCO) Accept Report (President Schafer) • 1. Independent Special Districts of Orange County (ISDOC) Reconsider Nomination for . Selection Committee Meeting — April 29, 2010 LAFCO Seat E. California Special Districts Association (CSDA) Accept Report (President Schafer) 1. CMSD Resolution No. 2010- 778, Nominating Arlene Schafer Adopt Resolution to Represent the CSDA for Region 6, Seat B F. California Association of Sanitation Agencies (CASA) Accept Report G. Other Meetings Qualifying for Reimbursement under CMSD Report on Matters Ordinance No. 55, Operations Code Section 3.01.030 Pertaining to CMSD XVI. OLD BUSINESS XVII. NEW BUSINESS XVIII. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS XIX. ADJOURNMENT • Protecting our community's health and the environment by providing solidwaste andsewer collection services. www.crosdca.ov • COSTA MESA SANITARY DISTRICT MINUTES OF SEWER SYSTEM COMMITTEE MEETING MARCH 16, 2010 Meeting Date Item Number 04/22/10 VI. A. 1.. CALL TO ORDER Board members of the Costa Mesa Sanitary District met in Committee session on March 16, 2010 at 10:30 a.m. at 628 W. 19th Street, Costa Mesa. Director Monahan called the meeting to order at 10:40 a.m. DIRECTORS PRESENT: Gary Monahan, Bob Ooten, Jim Ferryman STAFF PRESENT: Scott Carroll, General Manager, Thomas A. Fauth, Operations Manager; Sherry Kallab, Administrative Manager; Rob Hamers, District Engineer; Karl Dulake, Maintenance Supervisor; Debbie Bjornson, Permit Processor; Joe Limon, Inspector; Paul Guzman, Inspector OTHERS PRESENT: MONTHLY SSO STATISTICS Mr. Fauth reported no spills occurred since October 20, 2009. CMSD INFLOW REDUCTION PROGRAM Mr. Hamers reported based on the rainfall summary chart there was zero inflow to the sewer system from the February 26, 2010 storm. Mr. Hamers believes manhole plugging efforts have allowed the District to bring inflow from small storms under control. Rainfall from the February 26th storm was 1.18 inches. District elimination of inflow will result in avoidance of approximately six million dollars of capital improvement costs for the Orange County Sanitation District (OCSD). Director Ooten noted OCSD has historical data regarding rainfall plotting that might be beneficial to the District. Mr. Fauth brought to the Committee's attention additional handouts provided for reference regarding costs. A pumping station combined flows chart was included per Director Ooten's request. Mr. Hamers reviewed the District's response to the Orange County Fair & Event Center letter rregarding improvements to their sewer system management plan. Staff agreed with the Center's request for installation of the Enviro Valve rather than a canopy over the trash compactor area, as long as, the outlet runs into a storm drain point rather than a sewer point. A timeframe for the COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS SEWER SYSTEM COMMITTEE MEETING FEBRUARY 16, 2010 ass PAGE 2 covering of the EQC (Equestrian Center) wash rack was requested. Staff also recommended the wash rack cover extend over the sides to keep rain out. In addition, prohibition of manual plugging and unplugging of drain holes was reinforced. A copy of the reply letter will be provided in next month's Committee packet. Staff will continue working through the issues with the Center. Mr. Dulake is continuing to monitor compliance of no -flow into the sewer system at the facility. Mr. Hamers will plan a follow -up inflow reduction meeting and invite Director Ooten once the date is determined. CMSD MAP UPGRADES /GEOGRAPHICAL INFORMATION SYSTEM /CMMS- UPDATE Mr. Fauth reported phase one of the GIS project is scheduled to conclude March 31, 2010. Mr. Hamers informed the Committee he received information from the Local Agency Formation Commission Organization (LAFCO) stating they are inputting all City and District boundary points into GIS. Mr. Carroll sent an e-mail to the Orange County Public Works Director recommending his Staff in charge of land based mapping contact Mr. Hamers, along with EEC, to discuss what data CMSD needs. SCADA UPGRADE STATUS - UPDATE The project is due for completion by March 31, 2010. The District Yard and South Coast Plaza portion of the upgrade will not be implemented until construction of the Yard building is complete. TRC has been working with the District Yard Contractor (HSW) regarding the required conduit and ductwork. Mr. Hamers reported the new system will bring the District up to industry standards and uses radio rather than cell phone technology. Previous SSOs caused by glitches in District software and cell phone tower outages will be eliminated. The Committee discussed testing of reception for the system. Staff reported the South Coast Plaza tower will be relayed to the District Yard. Many of the stations are inter - related with reception for the system based on distance. Mr. Hamers suggested minimizing the use of relays because if an interim station goes down you no longer hear from the outside stations and it increases the risk factor for communications failures. Mr. Hamers requested a relay diagram be provided for review. CMSD SEWER CLEANING /CCTV PROGRAM - UPDATE Mr. Fauth acknowledged the signed National Plant agreement is in the Committee packet. Director Ooten noted some requested changes were not included in paragraph six of the document. Mr. Fauth noted the revisions were made to paragraph six in the signed agreement version. WDR TRAINING SEMINAR 2 -18 -10 "CONSTRUCTION INSPECTION" The seminar was given by a senior OCSD managing inspector. Many codes were reviewed and Staff found it insightful. The next seminar was moved from May to the third Thursday in June. The topic is tree roots — how they grow and the most damaging trees for sewer lines. CMSD PROJECTS: PROJECT #101 — WESTSIDE PUMPING STATION ABANDOMMENT COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS SEWER SYSTEM COMMITTEE MEETING FEBRUARY 16, 2010 PAGE 3 Director �Ferryman reported funding for the project is moving along. PROJECT #186 — SEWER LATERAL ASSISTANCE PROGRAM (SLAP) Mr. Fauth reported a spike in the number of SLAP applications and was unsure of the reason unless it is related to the season. Mr. Fauth is planning to schedule a training course for plumbers to explain the District SLAP program requirements. Mr. Dulake took advantage of an opportunity to review program requirements with Pro Serve plumbers when he was asked by a plumber to review a line and arrived just in time participate in the company safety meeting. About 30 plumbers were in attendance at the meeting. The group was very receptive of the program. PROJECT #187— DISTRICT YARD Mr. Hamers reported the District Yard project is moving towards the expected completion date of end of May 2010. Mr. Hamers commented on the how helpful both Mr. Dulake and Mr. Limon's familiarity with construction has been with the District Yard Project. Mr. Hamers stated the District is on the borderline of achieving "LEED Platinum" status. OTHER • Director Monahan reported there have been some complaints of odor at the Santa Ana Country Club. Staff will increase the cleaning frequency to address the problem at the Elden station. Staff is also working with South Coast Plaza to address their own part in odor concerns in the area. SSC MEETING SCHEDULE The next meeting is scheduled for Tuesday, April 13, 2009 at 10:30 a.m. PUBLIC COMMENTS There were no public comments. ADJOURNMENT Director Ferryman adjourned the meeting at 10:58 a.m. SECRETARY is PRESIDENT • Meeting Date Item Number 04/22/10 VI. A. 3. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING MARCH 25, 2010 CALL TO ORDER The Board of Directors of the Costa Mesa Sanitary District met in regular session on March 25, 2010 at 5:30 p.m. at 628 W. 19th Street, Costa Mesa. PLEDGE OF Director Monahan led the Pledge of ALLEGIANCE Allegiance. INVOCATION Mr. Fauth gave the invocation. ROLL CALL DIRECTORS PRESENT: Arlene Schafer, Robert Ooten, Gary Monahan, James Ferryman, Art Perry DIRECTORS ABSENT: STAFF PRESENT: Scott Carroll, General Manager; Joan Revak, Office Manager /Clerk of the District; Robin B. Hamers, District Engineer; Alan Burns, Legal Counsel; Tom Fauth, Operations Manager; Marc Davis, Treasurer OTHERS PRESENT Shawn Dewane, Director Mesa Consolidated Water District Richard A. Freschi, Director Serrano Water District & Regional Water Quality Control Board Brett R. Barbre, Director Municipal Water District of Orange County • COSTA MESA SANITARY DISTRICT MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD MARCH 25, 2010 ANNOUNCEMENT OF LATE COMMUNICATIONS PAGE 2 Ms. Revak reported on late communications received after posting the agenda and mailing the Board packet. One of the items is a letter from President Schafer to CSDA members requesting support in her bid for re- election to her seat on the CSDA Board for Region 6. Ms. Revak also reported on a letter received from the Laguna Beach County Water District requesting support for John Withers and Charley Wilson for reappointment to the LAFCO Commission. CONSENT CALENDAR General Manager Scott Carroll requested item D2 and item D4 be pulled from the Consent Calendar. Director Ooten moved to approve the Consent Calendar with the exception of items D2 and D4. Director Monahan seconded the motion. Motion carried 5 -0 With regard to item D2, Treasurer's Reports, Mr. Carroll explained the attachments were not included in the report distributed in the Board packet. The attachments were provided as a handout at the meeting. • Mr. Carroll explained to the Board that the Staff, report for item D4, Directors Compensation and Reimbursement of Expenses for the month of February 2010 did not list Director Perry's expenses, however, the Expense Reimbursement Form for Director Perry was included in the Board packet. Director Monahan moved to approve the Consent Calendar as amended. Director Ooten seconded the motion. Motion carried 5 -0. REPORTS MINUTE APPROVAL Minutes of. Sewer System Committee Meeting — February 16, 2010 The Minutes of the Sewer System Committee Meeting of February 16, 2010 were approved as distributed. Minutes of Recycling Committee Meeting The Minutes of the Recycling Committee — February 22, 2010 Meeting of February 22, 2010 were approved as distributed. Minutes of the Strategic Planning The Minutes of the Strategic Planning Workshop — February 20, 2010 Workshop of February 20, 2010 were • approved as distributed. • • • COSTA MESA SANITARY DISTRICT PAGE 3 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD MARCH 25, 2010 Minutes of Investment Oversight The Minutes of the Investment Oversight Committee Meeting — February 25, 2010 Committee Meeting of February 25, 2010 were approved as distributed. Minutes of the Regular Board of Directors Meeting — February 25, 2010 Refunds Occupancy Report and Payment of $196,786.16 to Costa Mesa Disposal — February 2010 Monthly Spill Report to State Water Resources Control Board Waste Diversion Report for February 2010 Contract Payment of $148,692.30 to CR Transfer — February 2010 Contract Payment of $9,314.49 to CR Transfer — Santa Ana Heights /Newport Beach — February 2010 Ordinance Enforcement Officer's Report The Minutes of the Regular Board of Directors Meeting of February 25, 2010 were approved as distributed. There were no refund requests for the month of February 2010. The Trash Occupancy Count documented no increase for the occupancy report for solid waste collection as of March 1, 2010. Therefore, the total for February is 21,494 and the payment of $196,786.16 was ratified. The Monthly Spill Report to the State Water Resources Control Board (SWRCB) for March 2010 was accepted as submitted. The Waste Diversion Report dated February 2010 was accepted as submitted. The contract payment of $148,692.30 to CR Transfer for recycling services and disposal for the month of February 2010 was ratified as submitted. The contract payment of $9,314.49 to CR Transfer for recycling services and disposal for Santa Ana Heights /Newport Beach for the month of February 2010 was ratified as submitted. The Ordinance Enforcement Officer's Report dated March 15, 2010 was accepted as submitted. COSTA MESA SANITARY DISTRICT PAGE 4 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD MARCH 25, 2010 ENGINEER'S REPORTS Project Status Report The Project Status Report dated March 2010 was accepted as submitted. Howard S. Wright Contractors Invoice The Howard S. Wright Invoice for work in the amount of $169,475.83 performed through February 28, 2010 in the amount of $169,475.83 was ratified as submitted. TREASURER'S REPORTS Financial Report as of February 28, The Financial Report as of February 28, 2010 2010 was accepted as submitted. Treasurer's Report as of February 28, The Treasurer's Report as of February 28, 2010 2010 was accepted as submitted. Warrant Register for the month of Warrant Resolution #CMSD 2010 -08 was February 2010 in the amount of approved, authorizing the President and $514,468.94 Secretary to sign the warrant ratifying the payment of certain claims and demands, and specifying the funds out of which the same were paid in the amount of $513,468.94. Directors Compensation & Director Compensation and Expense Reimbursement of Expenses for the Reimbursements for the month of February month of February 2010. 2010 were approved and ratified as follows: President Schafer: $1,326.00 + $15.00 Vice President Ooten: $1,326.00 + $16.00 Director Monahan: $884.00 Director Ferryman: $1,326.00 + $5.00 Director Perry: $1,326.00 END OF CONSENT CALENDAR President Schafer motioned to consider a non - agenda item because the need arose after posting of the agenda. Director Monahan seconded the motion. Motion carried 5 -0 COSTA MESA SANITARY DISTRICT PAGE 5 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING FIELD MARCH 25, 2010 P-� President Schafer moved to change the date for the Budget Review Meeting from May 13, 2010 to Thursday, May 20, 2010 at 5:30 p.m. Director Monahan seconded the motion. Motion passed 5 -0. WRITTEN COMMUNICATIONS Ms. Revak presented letters of appreciation from Paularino Elementary School and Kaiser Elementary School for the monetary award received from the District for their participation in the 2009 Telephone Book Recycling Program. PUBLIC COMMENTS President Schafer acknowledged the public and noted they were in attendance to present comments on Item XV.D. of the agenda. Mr. Shawn Dewane of the Mesa Consolidated Water District expressed his appreciation to the CMSD Board of Directors to allow them to speak and stated it is their pleasure to be in attendance. "As you may have heard Mr. Freschi and Mr. Dewane are running for the two LAFCO seats that are up for election on April 29, 2010. Opponents are John Withers and Charley Wilson, who currently serve on the Local Agency Formation Commission of Orange County (LAFCO)." Mr. Dewane gave his perspective on the situation: "I have served on the Independent Special Districts of Orange County for several years now and I am relatively new to the governance process. Mr. Dewane stated "I have served on the Mesa Consolidated Water District for five years and President for the last two years. In learning more about how special districts operate, I have become more convinced that this is a great form, probably the best form of governance that we have in the country. It provides the opportunity for local constituents to be close to the governing officials. The division of labor that is provided by having special districts provide single service provides an economy of skill that simply can't be achieved through the central planning of large water districts. For those who have never read, l have brought two consolidation studies that were done in the past about the consolidation of water districts. Reading through this document, the logical extreme conclusion one could draw is that central planning philosophy of water management of the county would lead to one gigantic water agency with one governing board of directors. The problem I see with that, for example, yesterday Rich and I addressed the Board at Emerald Bay. Emerald Bay is a small unique community that stands behind gates, a community exists since 1906 was purchased from James Irvine. As such they maintain their own streets, sewers and their own water supply. The special needs of that little community is better served by the people who live there, not by some central planning bureaucracy that governs the entire county. I think where government fails most often is that in times of tragedy and disaster, much like New Orleans, a system • • COSTA MESA SANITARY DISTRICT PAGE 6 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD MARCH 25, 2010 of great bureaucracy has consolidated the power into the hands of the few and the needs of that one little tiny group gets lost in the shuffle against the needs of many and the infrastructure itself gets ignored and over time begins to fail. That little tiny group tries to appeal to the logic of the governing body but have a small voice. In your case, the citizens of Costa Mesa, me being one of them, could walk in here and you perhaps could be my neighbor. We have a different type of relationship that is much closer to the people and much more accountable. In addition to that, I think that a little competition among the monopolies keeps us all honest with no basis of comparison in the gigantic monopoly we have unregulated, unchecked power to do what they wish with whatever they want. One of the things that concerns me is that 30% of all the electricity in California is used to move water alone. It takes about 3600 kilowatt hours of electricity to move one acre foot of water. Mesa moves something in the order of 15M acre feet of water per year. If you add 30 cents per kilowatt hour to the cost of production and move that down the supply chain to everything else, the cost of water and all the goods and services provided that use water as part of its component of production, rates are going to go up dramatically in the future. I brought this to the attention of the man who was giving the presentation and asked, `have you considered this in your rate and budget calculations and his answer was specious at best'. He replied yes, we have considered and we have great projections where the • electricity rates are going up 80% and I asked him if it includes the 30% taxes that are likely to be imposed on the cost of water and his reply was that `we want to be very careful about that because the bureaucracy that oversees us, the state and the federal government, are going to withhold the dollars, so who really has the powers, is it us, as local citizens, or is it some giant bureaucracy that is unanswerable to all of us? In my opinion it is unanswerable to all of us. I would hate to see, for the most conservative republican county in the United States to fall prey to the argument that centralized planning is the answer to everything. I think we have seen in the last year what happens when things become too big to fail. I think a County as large as Orange County with a population as great as it is, with one in every 100 Americans living here would soon find it tough and find ourselves where we would have one single governing body and the needs of a good many would be answered by a few very powerful directors who would then answer to no one other than themselves. I think there is a dramatic difference in philosophy of the LAFCO between the way Rich and I see this. The current philosophy is that Commission has used its judicial power to review the consolidations of these districts. I would be happy to provide copies of this document to anyone who would like to read it. There are some very interesting things. On page 11, at the very beginning of the Ralph Anderson Study, it starts off `the myths of consolidations — some individuals have the notion that special districts will automatically result in major cost savings for the public.' We spoke yesterday with one of the Districts Directors who had been through two consolidations through his District that they had absorbed to other agencies. His words to me were `we have yet to see one dollar in cost savings and it did nothing but drive up the cost of the component of water and service through sewage that the constituents were paying for and the final result ended up with an island of 6,000 residents that are L� COSTA MESA SANITARY DISTRICT PAGE 7 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING FIELD MARCH 25, 2010 unrepresented in the current governing structure of their Board.' I think in the scope of things, in the current standard the way the government functions, locally is probably better left to be the way it is. If there was something LAFCO could do it would be to encourage the independent districts themselves strengthen their financial position — if there were a Great disaster we would all be answerable to the public. If you have any questions ?" President Schafer asked "Is what you are saying, you are dissatisfied with LAFCOT' Mr. Dewane responded, "Not necessarily dissatisfied with LAFCO, but we think the MSR process has been used in a way that does not necessarily serve the best interests of all constituents." Director Ferryman asked if there are two seats up for election. President Schafer responded one is a voting seat and one is an alternate seat. Mr. Freschi stated his position is "special districts are truly unrepresented in LAFCO's operation and the special districts could have better representation and secondly, the Board the way it is now seems to be going against the philosophy that Shawn and I espouse. The Irvine Ranch Water District has taken over in the last several years five different water districts, Los Alisos, Santiago County, Carpenter, Santa Ana Heights and Orange Park Acres and are making moves on Serrano Water District. Serrano serves Villa Park and a little part of Orange and what LAFCO did was give Villa Park a zero sphere of influence. We have 2000 residents in our little town, but in one weekend we got 1200 signatures and we went to LAFCO. The first page of signatures had the signature of the wife of Bill. Campbell. It seems to me the group there now is not looking out for special districts, they are there to further their own agenda. The person I want to replace is a big -time lobbyist with Cal Strategies. He has been there since 1992 and is a good man, a family man and I like him personally and he is a lobbyist, and I think it is time for a change. I have been a business man and have started three companies, was CEO of two and took one company public. was on Villa Park City Council for twelve years, as mayor for two years. I have been on the Water Board for the last couple of years. I have the business point of view, the city government point of view and the district point of view and I think I am well qualified to serve you and will not be recusing myself because of conflicts of interest." President Schafer asked whose seat Mr. Freschi is going after. Mr. Freschi replied, he is going after John Withers seat. Mr. Freschi stated "Ed Royce has endorsed us, Rohrabacher has endorsed us; here is my resume and if you are interested; we also have a sample resolution and we would very much like to have your support as this is a very, very important issue." Mr. Dewane stated, "My concern for Mesa and the Sanitary District is that eventually the City will try to take us over and I think as a resident of the City, I think you folks are doing a fine job here and.Mesa is doing a fine job when you compare our water quality, our water rate liability, the service we provide is outstanding when compared to any other agency around here. Our credit rating, our water loss ratio is outstanding by any standard. We have a very well run district and currently would be viewed by somebody in • COSTA MESA SANITARY DISTRICT PAGE 8 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING t HELD MARCH 25, 2010 a weaker financial position as a cash cow. Had other entities managed their finances properly, I don't think they would be in that same situation. There is plenty of money available for a well run city business to function in the black. I would hate to see the day come when our two districts would disappear, the history with them and the government process that goes into the craziness of the city council meetings." President Schafer stated she sits on the LAFCO Board and LAFCO doesn't go after, anybody they come to us. If you don't apply, LAFCO does not touch you. Further, the districts you named actually were districts that said they would go along with it.. Mr. Brett R. Barbre stated, as a Director of the Municipal Water Districts of Orange County, he slightly disagrees with that; "there is a systematic dismantling underway lead by Irvine Ranch and Santa Margarita Water District and the genesis of it is appointments to Metropolitan. In the late 1990's there were two Met agencies, MWDOC and Coastal. Coastal was not providing the services for their agencies and they wanted to consolidate with MWDOC and so they did. At the time one of the directors was Peer Swan. Peer systematically irritated and regularly ticked off every director and staff member at Metropolitan and every staff member at MWDOC and ultimately every board member at MWDOC and we took him off because we were told by the Chairman of Met if we expect to get anything done, get rid of Peer because he is hindering you, and he has never • forgiven us for that. We had an opening 2006 and we put Steve Anderson on, former Chair of OC Sanitation District, worked in water and was imminently qualified. We were told by representatives of John Shotz who was the General Manager of Rancho Santa Margarita unless you put John on they are going to mess with you at LAFCO. I was told that by three different people including a now seating state senator and I happen to believe that. They try to dismantle MWDOC and create this false north /south issue when in reality if you want to look at the inequities in the Orange County water community it is basin vs. non - basin. If you do that you will end up with an entity in predominantly south Orange County that only purchases 36% of their water from MWDOC and Metropolitan. When you add Irvine Ranch, who is also a member of the Orange County Water District, pumps out of the groundwater basin, you bring that up to about 46 %. So that is why they have created this false north -south battle that has been going on and cost taxpayers hundreds of thousands of dollars on both sides and wasted countless hours and Mr. Withers said this morning at the Yorba Linda Water District that he has been absolutely "hands- off:" every step of the way and I reminded folks every issue dealing with MWDOC went through on a 4 -3 vote and John was the deciding vote on the "4" side to make it happen, to keep these studies going, to keep the dismantling of MWDOC in play. I think it is time there is a change. I think Arlene has done a very good job and her leadership statewide at CSDA and everyone recognizes and supports your leadership, but as Rich said, Irvine Ranch, since Withers has been on the Board, has systematically .. they pinched Santa Ana Heights, talk to the folks at Mesa, that wasn't a voluntary thing, they weren't terribly happy about that aren't talk to the folks in Newport Beach that are being spoken to by Irvine Ranch, talk to Deborah Gavello who announced at a Tustin City Council meeting, `Irvine • COSTA MESA SANITARY DISTRICT PAGE 9 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD MARCH 25, 2010 Ranch approached me and offered $42M to buy the Tustin Water Agency'; talk to Art Kidman who was the counsel for Santiago County Water and I said to him, 'I was told by the Irvine folks that was voluntary and Art said I guess in the old vernacular, you sit down, you're handed a pen, with a gun to your head and something is going to be on the paper; yeah, it was a voluntary consolidation. Orange Park Acres, Los Alisos, Carpenter Irrigation; they are now in the process of pinching East Orange County Water District and Serrano is next. Why, because Serrano has the gall to be a partial owner of Irvine Lake. They have been in existence over 100 years. They are systematically using LAFCO as a way of working the process from the inside and it is not in the best interests. It is doing what the Pringle legislation was going to do — create one water entity for Orange County and you know how hard we worked to kill that back in the 90s. I will implore you - this will send a critical message that we don't want a Hoover district in the county because once they are done taking Newport, they will take Mesa and Costa. Mesa Sanitary. They have no problem doing that — Irvine Ranch has unlimited funds — over a billion in reserves. That is why I think you will see a lot of agencies that are frustrated - that don't like the continued growth of Irvine —that are supporting both Rich and Shawn. Mr. Barbre stated "many of these agencies feel threatened and use words like that when discussing the MSR process and feel that local control is going to go away. I believe personally and very fundamentally in the individual liberty this country was founded on Ah and I believe that special district governance is much like 200 years ago when our country was founded and we separated from England for specific reasons so we had local control and individual accountability to be able to pursue our own sense of liberty. I lived in Aliso Viejo, had a house in Coto de Casa and I moved to Costa Mesa for a reason. I don't want Costa Mesa to look like Irvine. There are very unique, very extraordinarily valuable characteristics to this community that have to be preserved and that will all be lost and we will end up with nothing but strip centers like every other place in the country because we will lose our sense of individual destiny. That is the single most important thing that can be said about all of this. It is part of this process = the control and power without respect for individual liberty is lost." President Schafer stated neither candidates have approached her and John and Charlie did two months ago. Mr. Dewane stated they were approaching the Board now. District Counsel Burns stated there are rules on "back and forth" and limits on time, but obviously Madame President is free to run the meeting as she sees fit. Mr. Freschi provided the Board with sample resolutions should the Board decide to support them. President Schafer thanked the gentlemen for coming and stated item XV.D. would be considered at this time. President Schafer and Director Ferryman both stated they were approached a his of months ago by Charlie Wilson and John Withers. Director Ferryman stated he did not know anyone was running against them and had given his support to Charlie and John and could not go back on his word, even though he is of the opinion either of the two gentlemen present would be excellent. • COSTA MESA SANITARY DISTRICT PAGE 10 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD MARCH 25, 2010 President Schafer explained the procedure for voting at the ISDOC meeting on April 29, 2010. The candidates will be given time to speak at that time. Nominations from the floor will not be allowed. Ms. Revak stated nominations must be received by LAFCO no later than 3:00 p.m. on Monday, April 19, 2010. Discussion among the Board ensued. President Schafer stated a motion is in order. Director Ferryman moved to support John Withers and Charlie Wilson. President Schafer seconded the motion. Director Ferryman urged the other Board members to have an open mind and not be influenced by him and President Schafer. Director Monahan stated in listening to the discussion and after hearing Mr. Dewane and Mr. Freschi, he would not be supporting the motion. Director Perry agreed with Director Monahan. Director Ooten expressed concern with IRWD's approach to matters and noted they are extraordinarily difficult to deal with. President Schafer stated Ed Royce and Dana Rohrabacher support Shawn and Rich. Director Monahan made a substitute motion to endorse Rich Freschi as the regular Special District member representing ISDOC as LAFCO Commissioner and Shawn Dewane as Alternate Special District Member representing ISDOC on LAFCO. Director Perry seconded the motion. The substitute motion carried 3 -2. Director Ooten moved to appoint President Schafer as the voting member for the Costa Mesa Sanitary District at the ISDOC election on April 29, 2010. Director Ferryman seconded the motion. Motion carried 5 -0. MANAGER'S REPORTS LETTER OF OPPOSITION TO INDEPENDENT CONTRACTOR WITHHOLDING Mr. Carroll reported some State senators were proposing a new revenue mechanism that would require hiring entities, including local agencies, to withhold 3% of independent contractor's payments and remit that amount to the State Franchise Tax Board. The California Special Districts Association (CSDA) recommends its members to send an opposition letter to their state legislators. Mr. Carroll recommends the Board of Directors approve opposition letters and direct staff to mail said letter to the Districts state legislators. Director Ooten moved to approve the opposition letters and to direct Staff to mail said letter to the District's state legislators. Director Monahan seconded the motion. Motion carried 5 -0. Ms. Revak will mail the letters to the Honorable Chuck DeVore, Van Tran and Tom Harman. CSDA LEGISLATIVE DAYS Mr. Carroll reported the CSDA Legislative Days in Sacramento are being held on May 11 and 12, 2010 and requested approval for President Schafer, Director Ferryman and Mr. Carroll to attend the event. The forum is a good time to meet with state legislators to. discuss any concerns and /or issues the District may have. Mr. Carroll presented a list of possible discussion points. The cost to send three District officials to the two -day conference in Sacramento is estimated to be $2,000. • COSTA MESA SANITARY DISTRICT PAGE 11 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD MARCH 25, 2010 Director Ooten moved to approve attendance at the CSDA Legislative Days in Sacramento on May 11 and 12, 2010. Director Monahan seconded the motion. Motion carried 5 -0. President Schafer informed the Board a dinner is set up with Jim Silva, Jim Ferryman, Scott Carroll, Joyce Crosswaithe and Carolyn Emery from LAFCO. CMSD RESOLUTION NO. 2010 -776 IN SUPPORT OF THE LOCAL TAXPAYER, PUBLIC SAFETY AND TRANSPORTATION PROTECTION ACT OF 2010 Mr. Carroll reported a major effort is underway to collect more than 1.1 million signatures to ensure a ballot measure meets the required 694,354 valid signatures required to qualify a state constitutional amendment for the November 2010 ballot. The CSDA, a key partner to the Act, recommends. local governments pass a resolution endorsing the constitutional amendment. If the Act is approved it will prevent Sacramento from borrowing local government revenues and close the loop holes in Proposition 1A, passed in 2004. The Act will close the loop by forbidding the state to borrow from levy taxes, redevelopment money and transit funds. Director Monahan moved to approve CMSD Resolution No. 2010 -776 in support of the Local Taxpayer, Public Safety and Transportation Protection Act of 2010. Director Ferryman seconded the motion. Motion carried 5 -0. DISTRICT WEBSITE UPDATE Mr. Carroll provided an update on the status of the District website. As the Board is aware, in mid - January 2010, Staff learned the District's website was out of service due to the financial setbacks of Visual Perspectives Internet, Inc: (VPI). VPI did not inform the District and further, Staff could not obtain from VPI a backup copy of the District's website which would have enabled Staff to restore the website quickly by finding a new host. The Board on February 25, 2010, authorized Staff to spend up to $15,000 to rebuild -the District's website. After reviewing several proposals, Staff selected Computer Masters to rebuild and host the website. Staff anticipates the website will be up and running again by May 30, 2010. CMSD YARD SECURITY ACQUISITION Mr. Carroll summarized the need for the District to acquire an alarm system for the yard and recommended the Board of Directors approve the Greater Alarm Company proposal to coordinate with the yard contractor, Howard S. Wright, to install a turn -key Intrusion Alarm System, Video Surveillance System, Card Access System and Visitor Entry System and Fire Alarm Monitoring to ensure increased control over building access, risk and theft. iMr. Carroll reported bids were sought from Greater Alarm, UPS Security System (non- responsive), Bay Alarm Systems and ADT. Neither Bay Alarm nor ADT would offer quotes for security until after the building was completely built. COSTA MESA SANITARY DISTRICT PAGE 12 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD MARCH 25, 2010 The bid from Greater Alarm Security System is $25,554.95 and monthly monitoring fees of $29.95 and Staff recommends approval of the security system with building acquisition contingency funds during the construction of the CMSD Yard, expected to be completed by May 25, 2010. Mr. Burns advised Staff these are specialized contracts with licensing requirements and State law requires certain items to be included in the contracts and it will be different from our standard consultant contract. There is a State law requiring a government agency to keep security tapes longer than 75 days Director Ferryman moved to approve an agreement with Greater Alarm Security System subject to legal approval at a cost of $25,554.95 and monthly monitoring fees of $29.95. Director Perry seconded the motion. Motion passed 5 -0. RECYCLING COMMITTEE - MONDAY, MARCH 22, 2010 Director Ooten reported on the Recycling Committee meeting held February 22, 2010. One of the items discussed was a change in contractor to assist in the composting program. Mr. Patrick McNelly is no longer available to work with the CMSD, The services of Ms. Francine Kaplan will be utilized. Ms. Kaplan has a good background and will assist Mr. Fauth in developing the use of County funds. Discussion was held.on the use of Styrofoam containers. Trisha Throop attended the Recycling Committee meeting and advised the brochures prepared by CR &R will be mailed to Costa Mesa Sanitary District customers in May 2010. Discussion was also held on new signage to be placed on CR &R trucks. Director Ooten reported Staff is in the process of replacing Stericycle with Curbside, Inc. as the Curbside program is more economical with a couple of obstacles to overcome. President Schafer presented an article on "Up cycling" for the Board's perusal and the topic was discussed. Mr. Burns brought up the subject of using recycled paper and discussion ensued. Staff will ensure all paper used by the District is made from recycled products. Mr. Carroll brought up the Stericycle contracts with the pharmacies and the subject will be included in the April 22, 2010 agenda. • COSTA MESA SANITARY DISTRICT PAGE 13 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD MARCH 25, 2010 ENGINEER'S REPORTS INFLOW REDUCTION PROGRAM STATUS REPORT Mr. Harriers presented a summary of the District' Inflow Reduction Program. The State Water Resources Control Board and the Orange County Sanitation District require agencies to develop programs that prevent Infiltration and Inflow (1 /1) from entering sewer systems. Mr. Harriers explained infiltration is ground water entering into sewer lines through cracks and /or separated joints. After recently televising the District's system, the system was found to be in good condition with no measureable infiltration. Inflow is surface water entering from manholes or from illegal connections. The District's Inflow Reduction program is an attempt to reduce the amount of surface water entering the sewer system. Staff believes plugging and sealing manholes is the best course of action to prevent inflow, however, not all manholes are plugged and sealed in order to allow the sewer system to function properly. The Sewer System Committee reviewed this item on March 16, 2010 with no further comments. Director Monahan left the meeting at 6:59 p.m. REPORT ON BID SEWER WORK Mr. Harriers provided the Board with an update of recently occurring bid sewer work with a value less than $15,000, citing the CMSD Operations Code requiring specific actions when sewer work valued at less than $15,000 is completed. Mr. Harriers gave a summary of a sewer main in a back yard easement along Indus Street. Bids were requested from four contractors for the work and only Mike Kilbride, Ltd. responded with a proposal and was selected for-the work at a cost of $14,900. Mike Kilbride, Ltd. Is a local contractor who has an ongoing emergency services agreement with the District. Mr. Harriers also reported the District is responsible for adjusting its sewer manholes to grade whenever a street owner such as the City of Costa Mesa, City of Newport Beach, County of Orange or CalTrans performs street repaving. Additionally, CMSD Staff monitors all 4,646 CMSD sewer manholes for wear and tear and stability under traffic loads and replaces rings and covers when appropriate. Mr. Harriers reported the District must presently adjust 21 sewer manholes and the a request for informal bids were requested from Manhole Adjusters and EBS. Only Manhole Adjusters responded with a proposal at $440 per manhole after which CMSD Staff negotiated the price down to $430 per manhole for a total cost of $9,030. U COSTA MESA SANITARY DISTRICT PAGE 14 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD MARCH 25, 2010 Mr. Hamers reported the cost to raise the manholes is $14,900 and the cost to adjust 21 sewer manholes is $9,030. The work is budgeted under Project #164 Miscellaneous Sewer Work and adequate funds are available. Director Perry moved to accept the report. Director Ooten seconded the motion. Motion carried 5 -0. PROJECT #129 - BRISTOL STREET SEWER Mr. Carroll provided the Board with an update on CMSD Project #129 Bristol Street Sewer Replacement. On August 20, 2009, the District entered into an agreement with Paulus Engineering to replace 2,100 linear feet of sewer main from 8" to 15 ", located on Bristol Street from Autoplex to Birch Street. The contract price was for $775,048. During construction, Paulus Engineering discovered the 12" asbestos cement water line belonging to IRWD was closer to the sewer main than records indicated (the water line was inherited by IRWD from Santa Ana Heights Water Company when they merged in 1997). Because of the close proximity of the water line, Paulus stated they could not continue replacing the sewer main without damaging the water line, thereby preventing the project from continuing from this point. District and OC Public Works engineers all concur with Paulus' assessment because asbestos cement pipe tends to be very brittle and the slightest movement will cause the pipeline to crack and burst. Therefore, the project was halted with two - thirds of the sewer main line successfully replaced. The total cost to complete two - thirds of this project without change orders is $496,579. However, Paulus was requesting an additional $285,000 in change orders, which will bring the total cost of completion to $781,579. Staff successfully negotiated, and Paulus Engineering accepted, a reduction in the final cost to $720,000 contingent that Orange County'Development Agency (OCDA), who is funding the project, approves the change orders. On March 8, 2010, Staff met with top County officials to discuss Paulus Engineering's change orders. At the conclusion of the meeting, County officials tentatively agreed to approve the final cost of $720,000 contingent that the County can account for all requested expenditures per the limits of the agreement between OCDA and the District. On March 19, 2010, staff received confirmation from the County that they have approved all of Paulus Engineering's invoices and will be issuing payment of $720,000 to the District. COSTA MESA SANITARY DISTRICT PAGE 15 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD MARCH 25, 2010 • The final cost for the Paulus Contract is $720,000. Funding for this contract has been approved and appropriated in the District's Liquid Waste Account. The cost of $720,000 will be fully reimbursed by OCDA. Director Ooten moved to approve 4t" and final progress payment to Paulus Engineering in the amount of $217,237.58. (Said payment calculated as $720,000 less 5% retention of $36,000 less amount paid to date of $466,762.42 = $217,237.58). Director Perry seconded the motion. Motion passed 4 -0. Director Ooten moved to accept improvements as complete and file Notice of Completion. Director Perry seconded the motion. Motion carried 4 -0. Director Ooten moved to pay retention in the amount of $36,000 35 days after Notice of Completion is recorded. Director Perry seconded the motion. Motion carried 4 -0. Director Ferryman moved to exonerate Labor and Materials Bond 35 days after Notice of Completion is recorded and exonerate Faithful Performance Bond 1 year after Notice of Completion is recorded. Director Ooten seconded the motion. Motion carried 4 -0. Director Ferryman moved to obtain reimbursement of all expenditures from Orange County Development Agency (OCDA) and continue seeking OCDA approval and funding for replacing remaining one -third of sewer main. Director Ooten seconded the motion. Motion carried 4 -0. SEWER SYSTEM COMMITTEE Director Ooten provided a report on the Sewer System Committee that met on March 16, 2010 and reported there were no monthly spills. Discussion was held on. the 1/1 Program. Staff provided an update on the GIS with 70% on phase I completed. The SCADA update system is scheduled for completion March 31, 2010; however, that will not be completed as the antenna system at the yard must be installed. TREASURER'S REPORTS Budget Adjustment for Rehabilitation of Transferrer! Sewers Mr. Davis referred to the previously transferred ownership of six sewers from the Orange County Sanitation District (OCSD) to the Costa Mesa Sanitary District (CMSD) and the $1,300,000 provided to offset the cost of repairs to the transferred lines. Staff is requesting a budget adjustment to provide funding for the design work associated with the improvements. • • COSTA MESA SANITARY DISTRICT PAGE 16 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD MARCH 25, 2010 Mr. Davis reported the scope of design work includes preparing plans and specifications for the re- coating of manhole interiors, re- working channels and manhole bottoms, grinding off OCSD's name from manhole covers, replacing manhole frames and covers, adjusting manholes to grade, excavating and removing and replacing the sewer line where the major sag occurs in South Coast Drive easterly of Harbor Boulevard, obtaining easements for sewers on private property, repairing a sink hole over one of the sewers, and other miscellaneous work. The District Engineer estimates the total cost of this design work to be $48,800. Adequate funds are available from the contribution from OCSD for the repair of the transferred sewer lines. Mr. Davis stated after this appropriation there Will be $1,251,200 remaining to be appropriated. Director Perry moved to transfer $48,800 from Account Number 20- 000000 -2907 to Account Number 20- 200889 -4300. Director Ooten seconded the motion. Motion passed 5 -0. . ATTORNEY'S REPORTS Claim by Back Bay, Ltd. For Property at 2651 -1675 Irvine Avenue (CMSD Project #168 — Irvine Pump Station Relocation) Mr. Burns provided a progress report on the Back Bay litigation, indicating there has been significant progress on this case in the last month. A trial date of August 23, 2010 is scheduled, however, the attorneys are in the discovery process. Mr. Burns will continue to monitor the progress and report to the Board of Directors. LOCAL MEETINGS ORANGE COUNTY SANITATION DISTRICT (OCSD) Director Ferryman informed the Board the OCSD met March 24, 2010 and reported Larry Crandall and Doug Davert went back to Washington, DC to obtain more funding. Loretta Sanchez is sponsoring a $5M request for fuel cell technology to power the whole plant. Also, $600K for completion of secondary improvements will be requested. Funds will also be made available for the Visitors Center. Director Ferryman stated the current National Geographic magazine contains a write up on the groundwater replenishment system. Director Ferryman will be on the sub - committee for the Visitor's Center. SANTA ANA RIVER FLOOD PROTECTION AGENCY (SARFPA) Director Perry stated he did not attend the meeting of the Santa Ana River Flood Protection Agency due to another commitment. COSTA MESA SANITARY DISTRICT PAGE 17.. MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD MARCH 25, 2010 INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY ( ISDOC) Director Ooten reported on the ISDOC Board meeting held on March 2, 2010 and a new Directory is being published. Ms. Revak reported the District received a new directory and it is available on -line. Mr. Neil McCormick, CSDA CEO will speak at the next ISDOC quarterly meeting on April 29, 2010. LOCAL AGENCY FORMATION COMMITTEE ( LAFCO) Director Schafer reported on the LAFCO meeting held on March 10, 2010. The public hearing regarding Rancho Santa Margarita was continued to May 2010. Items discussed included a draft study. on governance options. The study is the result of a good working relationship among Rancho Santa Margarita, Orange County, LAFCO and the communities of Coto de Casa, Las Flores and Stonecliff. The Commission also discussed revisions to the recently updated LAFCO policies and procedures handbook. An update on progress toward the completion of the 2009 -2010 OC LAFCO Work Plan; contributing to the sponsorship of the Center for Demographic Research; a position on the OCCOG as an ex-off iceo or non - voting member quarterly project calendar and status of current and future LAFCO projects. ORANGE COUNTY COUNCIL OF GOVERNMENTS President Schafer attended a meeting of OCCOG today, filling in for Phil Anthony in his absence, and was impressed with all the good speakers. There was a large audience at the meeting: Mark Waldman is the new Chair. CHAMBER OF COMMERCE President Schafer attended the March 3, 2010 meeting of the Chamber of Commerce. Reports were given by representatives of Tom Harmon and Dana Rohrabacher. Carol Proctor reported the City has a $9M deficit and are looking at making more cuts. President Schafer reported on the progress of the new CMSD Yard building. It was reported the Chamber Board voted to support the initiative effort for the Local Taxpayer, Public Safety and Transportation Protection Act of 2010. CALIFORNIA SPECIAL DISTRICTS ASSOCIATION (CSDA) President Schafer attended meetings in Sacramento on March 4, 5, 2010, March 12 and March 18, 19, 2010 attending the Fiscal Committee, Executive Board meeting, a Legislative Committee meeting and a Finance Corp. meeting. President Schafer reported on progress in planning for the CSDA conference being held in Newport Beach in September 2010. Mr. Carroll informed the Board District Staff will be submitting applications for an Innovation Awards for the CMSD Sewer • COSTA MESA SANITARY DISTRICT PAGE 18 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD MARCH 25, 2010 Lateral Assistance Program as well as an application for an Outstanding Public Outreach award. The CSDA Board of Directors sent a "Call for Nominations, Seat B ". President Schafer's term representing Region 6, Seat B will expire. Director Ooten moved to nominate President Arlene Schafer for CSDA Region 6, Seat B. Director Perry seconded the motion. Motion carried 4 -0. CALIFORNIA ASSOCIATION OF SANITATION AGENCIES (CASA) The CASA Spring Conference is being held at the Newport Beach Marriott Hotel April 28 -30, 2010. Ms. Revak will make reservations for President Schafer, Director Ferryman and Scott Carroll to attend on Wednesday, April 28 and Friday, April 30, 2010; Director Perry will attend on Friday, April 30, 2010; and Director Ooten will attend on Wednesday, April 28, 2010. SWANA Director Ooten reported on the SWANA meeting he attended in Arcadia on March 19, 2010. Topics included trends of waste haulers; cities with zero waste plans — 16 %. The County has seen a 30% decrease in tonnage from 2005 to 2008. Director Ooten stated he was the only elected official at the meeting. OLD BUSINESS There was no old business to discuss. NEW BUSINESS Presentation of Plaque from the CMSD honoring Ed Fawcett, Costa Mesa Chamber of Commerce, at Mesa Verde Golf Classic on April 19, 2010. Ms. Revak reported on April 19, 2010 the Mesa Verde Golf Classic will be held to raise money for Costa Mesa youth sports through Costa Mesa United and Ed Fawcett, CEO of the Chamber of Commerce will be honored for his longstanding work to better our community. In recognition of Ed's outstanding, dedicated service and leadership to the City of Costa Mesa, Staff recommends Board approval for purchasing a plaque to honor Mr. Fawcett on behalf of the Costa Mesa Sanitary District. Director Ooten moved to approve purchase and presentation of a plaque for Ed Fawcett. Director Perry seconded the motion. Motion passed 4 -0. Director Ferryman will attend the banquet and present the plaque to Mr. Fawcett. 0 COSTA MESA SANITARY DISTRICT PAGE 19 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD MARCH 25, 2010 Special Meeting with Brent Ives for Draft Strategic Plan Mr. Carroll requested the Board of Directors to approve scheduling a special meeting to review the draft Strategic Plan. The Board agreed on a meeting date of Wednesday, April 7, 201.0 at 10:00 a.m. with Consultant Brent Ives. 39th Annual SWANA Western Regional Symposium Ms. Revak reported the 39th Annual SWANA Western Regional Symposium is being held in San Luis Obispo April 19 -22, 2010 and Staff recommends Board approval for AJ Cully, Program Assistant, to attend the conference. Ms. Revak reported the Conference features many technical sessions that will be beneficial to District Staff, including Food Waste Composting, Waste Conversion Technology, Special Wastes and a Tour of the Cold Canyon Landfill. Director Ferryman moved to approve attendance by AJ Cully at the 391h Annual SWANA Western Regional Symposium in San Luis Obispo April 19 -22, 2010. Director Ooten seconded the motion. Motion passed 4 -0. City Clerks Association of California Annual Conference ® Ms. Revak reported the City Clerks Association of California Annual Conference is being held in Ventura April 27 -30, 2010 and requested approval to attend. The conference offers the District Clerk the opportunity to network with City /District Clerks throughout the State of California and gain knowledge about practices of other cities /districts. Session topics include: eDiscovery, Electronic Public Records; Social Media in the 21 st Century; the City Clerk's Role as a Public Information Officer and Better Laws — Better Government, Using the Legislative Process to Improve Local Government. Director Ooten moved to approve attendance by Joan Revak at the City Clerks Association of California Annual Conference in Ventura, April 27 -30, 2010. Director Ferryman seconded the motion. Motion passed 4 -0. • ORAL COMMUNICATIONS AND DIRECTOR COMMENTS President Schafer reported on a request from Estancia & TeWinkle Schools Foundation for the CMSD to be included in an event celebrating and supporting a foundation set up by the City of Costa Mesa to administer an educational endowment. Legal Counsel suggested the General Manager to look into the matter to determine if the CMSD could participate as a sponsor. Mr. Carroll will investigate and report back to the Board. President Schafer adjourned the meeting at 7:55 p.m. Secretary President. • • Meeting Date Item Number 04/22/10 VI. A. 4. COSTA MESA SANITARY DISTRICT MINUTES OF SPECIAL MEETING APRIL 7, 2010 The Costa Mesa Sanitary District held a Special Meeting at 10:00 a.m. on Wednesday, April 7, 2010 at 628 W. 19th Street, Costa Mesa. Directors Present: Arlene Schafer, Bob Ooten, Gary Monahan, James Ferryman, Art Perry Staff Present: Scott Carroll, General Manager; Joan Revak, Office Manager /Clerk of the District; Tom Fauth, Operations Manager Robin B. Hamers, District Engineer; Teresa Gonzalez, Accountant; Kaitlin Tran, Accounting Specialist I; Debbie Bjornson, Permit Processing Specialist. Others Present: Brent H. Ives, BHI Management Consulting 2459 Neptune Ct., Suite 110, Tracy, CA . President Schafer called the meeting to order at 10:00 a.m. 1. Draft Strategic Plan General Manager Carroll presented the Draft Strategic Plan prepared by Staff and turned the meeting over to Brent Ives, BHI Management Consulting. Mr. Ives discussed the previous Workshop held on February 20, 2010 and stated today's meeting will finalize the Strategic Plan, although revisions to the Plan could certainly be made at a later date. Ms. Ives stated a final document will be printed after the outcome of this meeting. Most of the items were discussed at the previous Workshop. Mr. Ives complemented District Staff in doing a fine job in preparing the Draft Strategic Plan. "Protecting our community's health and the environment by providing solid waste and sewer collection services" Minutes of Special Meeting April 7, 2010 The vision of the Costa Mesa Sanitary District in five years will have: Page 2 • Eliminated areas in our sewer system that require significant enhanced maintenance; • A positive reputation in the community; • Significantly lessened infiltration and inflow into our sewer system; • Mitigated calcium buildup in the sewer collection system; • Diverted as much solid waste as practical from the landfill; • Eliminated all public sewer system overflows; • Implemented modern technologies to all of our operations; • Completed Westside Pumping Station abandonment; • Diversified our revenue sources; • Continued our model sewer lateral program; • Implemented a working succession plan; • Maintained reasonable rates and reserves to support current and future infrastructure. Core values of the Costa Mesa Sanitary District are: • Is it responsive to our customers? • Is it cost efficient, practical and sensitive to rates? • Does it protect the environment? • Will it support our commitment to maintenance and rehabilitation of our sewer infrastructure? • Does it support our employees to be productive and motivated? • Will it support our commitment to reliability in the services we provide? Strategic Elements and Goals represent the vital areas of the District's operation, planning and management and are derived from the foundational Mission and Vision statements of the District. The Strategic Elements are: 1.0 Sewer Infrastructure • 2.0 Solid Waste • 3.0 Partnerships • 4.0 Public Relations • 5.0 Administrative Management • 6.0 Personnel /Organization Management • 7.0 Finances A five year plan at -a- glance is included in the Review Draft. K • • Minutes of Special Meeting Page 3 April 7, 2010 Mr. Ives stated the Plan should be a working document. Mr. Ives will work with Mr. Carroll and Staff to integrate the revisions suggested at this meeting. Director Perry complimented Mr. Ives on the fine work done in facilitating the Strategic Plan. Mr. Ives responded by thanking Mr. Carroll and District Staff for their participation in the process. II. Public Comments There were no public comments as no public was present. III. Adjournment President Schafer adjourned the meeting at 11:45 p.m. Secretary President 3 Ll n Meeting Date Item Number 03125!10 VI. A5.. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING FEBRUARY 25, 2010 CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION ROLL CALL DIRECTORS PRESENT: DIRECTORS ABSENT: The Board of Directors of the Costa Mesa Sanitary District met in regular session on February 25, 2010 at 5:30 p.m. at 628.W. 19th Street, Costa Mesa. General Manager Scott Carroll led the Pledge of Allegiance. Mr. Fauth gave the invocation. Arlene Schafer, Robert Ooten, Gary Monahan, James Ferryman, Art Perry STAFF PRESENT: Scott Carroll, General Manager; Joan Revak, Office Manager /Clerk of the District; Robin B. Harriers, District Engineer; Alan Bums, Legal Counsel; Tom Fauth, Operations Manager; Teresa Gonzalez, Accountant; Marc Davis, Treasurer OTHERS PRESENT CONSENT CALENDAR Director Ferryman moved to approve the Consent Calendar as presented. Director Ooten seconded the motion. Motion carried 5 -0. COSTA MESA SANITARY DISTRICT MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 25, 2010 REPORTS MINUTE APPROVAL Minutes of Sewer System Committee Meeting — January 19, 2010 Minutes of Recycling Committee Meeting — January 25, 2010 Minutes of the Regular Board of Directors Meeting — January 28, 2010 Minutes of Special Closed Session Meeting — February 2, 2010 Refunds Occupancy Report and Payment of $196,786.16 to Costa Mesa Disposal — February 2010 Monthly Spill Report to State Water Resources Control Board Waste Diversion Report for January 2010 PAGE 2 The Minutes of the Sewer System Committee Meeting of January 19, 2010 were approved as distributed. The Minutes of the Recycling Committee Meeting of January 25, 2010 were approved as distributed. The Minutes of the Regular Board of Directors Meeting of January 28, 2010 were approved as distributed. The Minutes of the Special Closed Session Meeting of February 2, 2010 were approved as distributed. There were no refund requests for the month of January 2010. The Trash Occupancy Count documented a decrease of 8 units for the occupancy report for solid waste collection as of February 1, 2010. Therefore, the total for January is 21,494 and the payment of $196,786.16 was ratified. The Monthly Spill Report to the State Water Resources Control Board (SWRCB) for February 2010 was accepted as submitted. The Waste Diversion Report dated January 2009 was accepted as submitted. Contract Payment of $156,799.95 to The contract payment of $156.799.95 to CR CR Transfer — January 2010 Transfer for recycling services and disposal for the month of January 2010 was ratified as submitted. • • 1] 0 • COSTA MESA SANITARY DISTRICT PAGE 3 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 25, 2010 Contract Payment of $9,366.70 The contract payment of $9,366.70 to CR to CR Transfer — Santa Ana Transfer for recycling services and disposal Heights /Newport Beach — January. for Santa Ana Heights /Newport Beach for the 2010 month of January 2010 was ratified as submitted. Ordinance Enforcement Officer's Report ENGINEER'S REPORTS Project Status Report The Ordinance Enforcement Officer's Report dated February 11, 2010 was accepted as submitted. The Project Status Report dated February 2010 was accepted as submitted. Howard S. Wright Contractors Invoice The Howard S. Wright Invoice for work in the amount of $89,661.80. performed through January 31, 2010 in the amount of $89,661.80 was ratified as submitted. TREASURER'S REPORTS Financial Report as of January 31, 2010 Treasurer's Report as of January 31, 2010 Warrant Register for the month of February 2010 in the amount of $1,052,312.51 Directors Compensation & Reimbursement of Expenses for the month of January 2010. The Financial Report as of January 31, 2010 was accepted as submitted. The Treasurer's Report as of January 31, 2010 was accepted as submitted. Warrant Resolution #CMSD 2010 -08 was approved, authorizing the President and Secretary to sign the warrant ratifying the payment of certain claims and demands, and specifying the funds out of which the same were paid in the amount of $1,052,312.51. Director Compensation and Expense Reimbursements for the month of January 2010 were approved and ratified as follows: President Schafer: $1,326.00 + $144.08 Vice President Ooten: $1,326.00 + $128.50 Director Monahan: $442.00 Director Ferryman: $1,326.00 + $137.63 Director Perry: $1,105.00 + $169.25 COSTA MESA SANITARY DISTRICT PAGE 4 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 25, 2010 END OF CONSENT CALENDAR WRITTEN COMMUNICATIONS Ms. Revak presented the 2009 Annual Report for the Southern California Alliance of Publicly Owned Treatment Works for the Board's perusal. PUBLIC COMMENTS President Schafer noted there were no public present and, therefore, no public comments. MANAGER'S REPORTS STANDBY POLICY Mr. Carroll reported on Staff's research on the possibility of revising the District's current standby policy. Mr. Carroll recommended the Board of Directors approve repealing Rule 13, Section 2 of the District's Personnel Rules and Regulations and replacing it with the revised policy presented. Mr. Carroll noted the District is not a large enough organization to have a pool of standby employees and enforcing the District's standby policy would create an unfair and inconsistent working condition and a possible hardship. Mr. Carroll pointed out in the future, there may become a time when the District has to assign.an employee to be on a standby status. Mr. Carroll recommended revising the District's existing policy to reflect current industry standards and to ensure compliance with the Fair Labor Standards Act (FLSA). Mr. Carroll noted the District will continue with its current practice of using C &R Drains as its first responder for after hour service calls and the District's Maintenance Supervisor will continue to be the secondary responder. The report along with the revised Standby Policy was reviewed and approved by District Counsel. Director Ooten motioned to approve the revised Standby Policy. Director Monahan seconded the motion. Motion carried 5 -0. RECYCLING COMMITTEE - MONDAY, FEBRUARY 22, 2010 Director Ooten reported on the Recycling Committee meeting held February 22, 2010. Director Ooten provided a report on the Grant from the Regional Recycling and Waste Diversion Grant program. �J • COSTA MESA SANITARY DISTRICT PAGE 5 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 25, 2010 Ms. Revak reported award presentations at the schools have begun and will continue through the month of March 2010. Staff is working with Davis School on a "Waste Free" lunch program, encouraging students to bring lunches with limited waste packaging going into the waste stream. Trisha Throop gave a report on CR &R. A tour of the CR &R facility is scheduled for March 11, 2010 at 10:00 a.m. and AJ Cully, Program Assistant, is organizing the tour. Mr. Fauth requested the topic of the Td Annual Costa Mesa Community Run on April 23- 24, 2010 be addressed to enable Staff participation. Director Ferryman moved to consider CMSD participation in the Costa Mesa Community Run & Expo because the need arose after the agenda was posted and action needs to be taken prior to the next Board meeting. Director Perry seconded the motion. Motion carried 5 -0. Director Perry moved to approve District participation in the Costa Mesa Community Run & Expo being held on April 23 -24, 2010. Director Ferryman seconded the motion. Motion passed 5 -0. • ENGINEER'S REPORTS PROJECT #129 BRISTOL STREET SEWER CONSTRUCTION UPDATE President Schafer announced the Closed Session on Project 4129 will be held at the end of the meeting. PROJECT #101 - WESTSIDE PUMPING STATION UPDATE Mr. Hamers provided the Board with an update on the Project #101 Westside Pumping Station Abandonment that involves abandonment of six Costa Mesa Sanitary District pumping stations. The Orange County Sanitation District (OCSD) intends to begin a two to three year design phase beginning July 1, 2010 followed by a two year construction schedule for the regional Southwest Costa Mesa Trunk Sewer. The trunk sewer will allow the CMSD to abandon six pumping stations, allow Newport Beach to abandon one pumping station, allow abandonment of one private pumping station and alleviate the need for the north half of the Banning Ranch to contain a pumping station upon its development. Mr. Harriers stated previous CMSD estimates disclose the CMSD requires approximately $2 -3 million to abandon its pumping stations. Project #101 West Side Pumping Station Abandonment receives a yearly contribution of $250,000 from the yearly capital improvement program and the 2010 -2011 fiscal year will be the 4 t" yearly contribution, COSTA MESA SANITARY DISTRICT PAGE 6 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 25, 2010 • giving the CMSD the approximate funds necessary for abandonment of the President Pumping Station and the Canyon Pumping Station, two largest pumping stations being abandoned. Mr. Harriers further informed the Board the 2010 -2011 Capital Improvement Program will also include a proposal to begin project coordination, easement acquisition and conceptual design with OCSD and the various agencies and entities involved, including the City of Costa Mesa as owners of Canyon Park, the City of Newport Beach as owners of one of the pumping stations to be abandoned and as owner of the transmission sewers the CMSD desires to use for abandonment of the CMSD 19th Street Pumping Station, the County of Orange as owners of the land where the City of Newport Beach and CMSD sewers will connect to the OCSD trunk and the County as owners of the land where the OCSD Southwest Costa Mesa Trunk Sewer will be located. Mr. Harriers will begin actual design of the abandonment construction plans on July 1, 2011. Mr. Harriers noted when the CMSD constructed the first leg of the abandonment sewer system in the City of Costa Mesa's Canyon Park, environmental review was required and Coastal Commission approval needed. Initial discussions with OCSD will include whether an EIR is required and the lengthy timeframe within which this will be accomplished. It is also possible resistance to the regional sewer may occur from environmental groups due to the raw land nature of the area as well as from the standpoint of bringing up arguments • over whether the project is a precursor to extending 19th Street as it did when these regional sewers were first discussed in the 1980s. Staff is preparing the design cost for abandonment construction plans and will have this proposal available to the Board during the Fiscal Year 2010 -11 budget review process. The total amount saved to date for the President Pumping and the Canyon Pumping Stations is $750,000. PROJECT #182 ANALYSIS OF CCTV RESULTS Mr. Harriers provided the Board with an update on Project #182, Analysis of CCTV Results. The report resulted from analyzing the closed circuit television data acquired during the OCSD Cooperative Projects Grant Program (CMSD #170). The project report sets the stage for the yearly system wide repairs necessary to ensure the system works efficiently and reaches its life expectancy without experiencing significant and expensive failures. The CMSD sewer system includes 216 miles of sewer mains, all of which were televised. The report shows 239 reaches (manhole to manhole) each contained one or more Grade 5 structural ratings and another 34 reaches each contained one or more Grade 5 maintenance ratings thereby indicating 283 reaches are in need of immediate repair. Ratings vary from one to five (1 -5) and Grade 5 ratings are considered severe and in need of immediate repair. Grade 4 ratings indicate the need for monitoring and future repair. • COSTA MESA SANITARY DISTRICT PAGE 7 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 25, 2010 Mr. Hamers reported cost estimates shown in the project report indicate the first 30 reaches with structural deficiencies plus the first 30 reaches with maintenance deficiencies can be repaired for a total of approximately $700,000, exclusive of staff time. Director Ferryman commented on the large number of severe ratings needing immediate repair and suggested repairing the sewer mains in a shorter period of time. Mr. Carroll stated Staff would suggest a 3, 4 and 5 year plan in the budget process to finance the repairs. SEWER SYSTEM COMMITTEE Director Monahan provided a report on the Sewer System Committee that met on February 16, 2010 and reported there were no monthly spills. Jim Kolk of EEC provided an update on the GIS to the Committee. Director Monahan also reported on a couple of high rises coming forward and stated the need for the District to revise fixture fees. TREASURER'S REPORTS . Investment Oversight Committee The Committee discussed the January 2010 Treasurer's Report. Mr. Davis reported the District is on target in receiving property tax funds. Budget Adiustment for District Yard Mr. Davis stated additional funds in the amount of $283,142 are required for the construction of the District Yard and provided a list of the line items requiring additional funds. Mr. Davis reported the original contingency budget was 2% of construction costs and a more realistic contingency is 10% of construction costs. The additional costs for the construction of the District Yard are being funded through transfers from the Solid Waste and Liquid Waste Funds. The Solid Waste Fund has adequate contingency funds available for fiscal year 2009 -10 from which the transfer can be made. With this transfer, the Liquid Waste fund will only have approximately $113,400 of unrestricted available funds remaining for the balance of the fiscal year. Director Ferryman moved to transfer funds in the Solid Waste and Liquid Waste Funds as recommended by Mr. Davis. Director Monahan seconded the motion. Motion passed 5 -0 • COSTA MESA SANITARY DISTRICT PAGE 8 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 25, 2010 • Budget Calendar for Fiscal Year 2010 -11 Mr. Davis presented the Budget Calendar for Fiscal Year 2010 -11 and requested the Board set dates for a Special meeting to review the preliminary budget. The Board set the Special meeting for Thursday, May 13, 2010 at 5:30 p.m. The Board set the date for the public hearing to adopt sewer and trash charges on Thursday, July 29, 2010 at 6:00 p.m. Ms. Revak will ensure the postcards notifying property owners of the public hearing will be in the mail no later than June 14, 2010. Budget Adjustment for Recycling Grant Mr. Davis reported the District was successful in obtaining an Orange County Waste and Recycling Cooperative Grant in the amount of $142,256 with the City of Costa Mesa and the City of Huntington Beach participating. Director Ferryman moved to approve the budget adjustment in the amount of $142,256 to recognize the grant and provide an appropriation for grant - related expenses. Director Monahan seconded the motion. Motion carried 5 -0. ATTORNEY'S REPORTS Claim by Back Bay, Ltd. For Property at 2651 -1675 Irvine Avenue • (CMSD Project #168 — Irvine Pump Station Relocation) Mr. Burns provided a progress report on the Back Bay litigation, indicating there has been no breakthrough and the attorney handling the case has left the firm. Mr. Burns will continue to monitor the progress, demand monthly progress reports, and, when appropriate, provide input. Ordinance Enforcement Officer— Proposed MOU Mr. Burns provided an update on the progress of the efforts by the District and the City to adopt a MOU with the City of Costa Mesa for code enforcement and jurisdictional matters. Mr. Burns reported there has been no progress since the last report. Mr. Bums will continue negotiating the MOU with the City of Costa Mesa. Discussion ensued on using the City's code enforcement officers and civil citation fines. The Board of Directors requested a presentation by Staff on the subject of code enforcement officers and a citations. Adoption of County's Version of Conflict of Interest Code to Allow Electronic Filing — CMSD Resolution No. 2010 -775 Mr. Burns reported the Clerk of the Board of Supervisors has implemented an electronic filing system and requests those entities filing with the Clerk of the Board • of Supervisors adopt a new version of the conflict of interest code to implement that electronic filing system. C: COSTA MESA SANITARY DISTRICT PAGE 9 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 25, 2010 Mr. Burns advised the Board of Directors the state legislature enacted the Political Reform Act of 1974 which mandated, inter alia, that local government bodies adopt conflict of interest codes that require disqualification and disclosure, including annual reporting, of interests that constitute a financial conflict of interest. The legislature adopted a model code that could be adopted by reference and which would be automatically updated as the state amended the model code. The District adopted that model code. The Clerk of the Board of Supervisors is the designated filing officer for the annual statements that must be filed. That Clerk has instituted an electronic filing system and has asked those entities that file with the County to adopt their version of the model code so she can assure consistency. This resolution does so. There is no need to amend the District Operations Code as it merely recites that we have adopted the state model code. The state law also provides that code adopting agencies review their codes on a biennial basis to verify that the designated employees that are listed as being subject to reporting are appropriate, as well as their disclosure categories. This action will also serve to constitute our biennial review. Director Monahan moved to adopt CMSD Resolution No. 2010 -775. Director Perry seconded the motion. Motion passed 5 -0. Mr. Fauth requested the topic of the District web site be addressed to enable Staff to go forward in getting the CMSD web site up and running. Director Monahan moved to consider the District web site because the need arose after the agenda was posted and action needs to be taken prior to the next Board meeting. Director Ooten seconded the motion. Motion carried 5 -0. Mr. Fauth presented the options available for the web site and requested the Board provide direction in going forward. Mr. Carroll recommended getting the web site up and running and during the budget process to allocate funds to enhance the process. The Board of Directors agreed on this approach. Director Ooten requested the Board consider a non - agenda item because the need arose after agenda posting and action needs to be taken prior to the next Board meeting. Director Ferryman moved to consider the non - agenda item. Director Monahan seconded the motion. Motion carried 5 -0. Director Monahan moved to approve Director Ooten's attendance at a Solid Waste meeting in Arcadia on March 19, 2010. Director Perry seconded the motion. Motion carried 5 -0. 0 It was noted the Sewer System Sub - Committee is scheduled to meet on March 19, 2010 and Director Ferryman will attend in place of Director Ooten. COSTA MESA SANITARY DISTRICT PAGE 10 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 25, 2010 • LOCAL MEETINGS ORANGE COUNTY SANITATION DISTRICT (OCSD) Director Ferryman informed the Board he is no longer the Vice Chairman of the Ground Water Replenishment Committee, although he still serves on the Steering Committee. Director Ferryman stated no other business significant to the Costa Mesa Sanitary District was discussed. SANTA ANA RIVER FLOOD PROTECTION AGENCY (SARFPA) Director Perry stated there was nothing to report. INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY ( ISDOC) Director Ooten reported on the ISDOC Quarterly meeting held at 11:30 a.m. on February 25, 2010. LOCAL AGENCY FORMATION COMMITTEE ( LAFCO) Director Schafer reported the agenda consisted of LAFCO office matters. • ORANGE COUNTY COUNCIL OF GOVERNMENTS There was nothing to report on OCCOG. CHAMBER OF COMMERCE There was nothing to report on the Chamber of Commerce. CALIFORNIA SPECIAL DISTRICTS ASSOCIATION (CSDA) President Schafer reported on progress in planning for the CSDA conference being held in Newport Beach in September 2010. CALIFORNIA ASSOCIATION OF SANITATION AGENCIES (CASA) There was nothing to report on CASA. OLD BUSINESS There was no old business to discuss. NEW BUSINESS There was no new business to discuss. • COSTA MESA SANITARY DISTRICT PAGE 11 • MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD FEBRUARY 25, 2010 • ORAL COMMUNICATIONS AND DIRECTOR COMMENTS Director Monahan reported no decision has been made on the Orange County Fairgrounds and the City is in daily contact with the Governor to pursue some kind of local control by the City of Costa Mesa (CCM) and Orange County. Director Monahan reported stimulus money coming through is for low income /senior housing, however, there are so many federal regulations to go through and by the time the City goes through them, it is too late to use the funds. CCM budget review was held with Staff projecting a $4.6M hit to unrestricted reserves after $22M in cuts last year. More cuts will be necessary. CLOSED SESSION President Schafer adjourned the meeting to a Closed Session at 7:50 p.m. The Closed Session was adjourned at 8:20 p.m. • President.Schafer re- opened the regular meeting and reported direction was given regarding the anticipated litigation. President Schafer adjourned the meeting at 8:21 p.m. Secretary • President r ,T OR �. Meeting Date Item Number 04/22110 VI. B. COSTA A-qU(sqRT M�. ..5. I? DI IC r, ...an Independent Specia(Distda Memorandum' To: Board of Directors Via: Scott Carroll, General Manag From: Thomas A. Fauth, Ope ons Manager Date: April 22, 2010 Subject: Operations Manager's Report Summary This report summarizes major points for six operations topics covering Refunds, Occupancy, Waste Diversion, CR Transfer Contract Payment, CMSD Ordinance • Enforcement Officer's Report and the Costa Mesa Community Run. Staff Recommendation The Board of Directors takes the following action: • Approve Analysis Item'2. • Ratify Analysis Item 4. • Receive and file Analysis Items 1, 3, 5, and 6. Analysis 1. Refunds: No Refunds for March 2010. Reviewed at 4 -19 -10 Recycling Committee Meeting. 2. Occupancy Report and payment to Costa Mesa Disposal — April 2010: Trash Occupancy Count totals 21,495 for April 2010, one additional above March 2010. The rate of $9.1554 per unit results in a payment of $196,795.32 to be ratified on the May 2010 warrant list. Reviewed at 4 -19- 10 Recycling Committee Meeting. 3. Waste Diversion Report — February 2010: Of 3,624.97 Total Tonnage CR &R collected from the City of Costa Mesa; part of Newport Beach and Protecting our community's hea[6 and the environment by providing sofidwaste and sewer coffection serz&es. www.crosdcagov Board of Directors April 22, 2010 • Page 2 of 3 unincorporated areas of Orange County within the District, 1,828.33 tons (50.44 %) were diverted (recycled) and 1,796.64 tons were landfilled. You will notice that the -diversion rate stayed consisted throughout the year. Reviewed at 4 -19 -10 Recycling Committee Meeting. 4. Contract Payment to CR Transfer for Recycling Services & Disposal for March 2010: Payment of $52.22/Ton for 3,624.97 Total Tonnage collected from the District results in a Total Payment of $189,295.93 for March 2010. The total tonnage of refuse collected in March 2010 represents an increase of 599.18 tons from the 3,025.79 tons collected in February 2010, reversing the decreasing trend since December 2009. Reviewed at 3 -22 -10 Recycling Committee Meeting. 5. Ordinance Enforcement Officer's Report: Isidro Gallardo continued enforcing proper trash container storage along with the City of Costa Mesa Code Enforcement Officers. Isidro provided a summary of his courtesy notice distributions for first -time and second -time notices by major one -third District subdivisions. The subdivisions are South of Wilson St, Wilson St to Adams Ave. and Adams Ave. to Sunflower Ave. From January 2010 to date, the District OEO and the CCM CEOs have issued 606 1St Courtesy Notices and 164 2nd Courtesy Notices with 0 Courtesy Letters. Reviewed at 4 -19 -10 • Recycling Committee Meeting. 6. Costa Mesa Community Run: The third annual Costa Mesa Community Run is set for Saturday morning at 8 a.m. for the 5K and 9 a.m. for the 2K, April 24, 2010. The proceeds benefit the Foundations of TeWinkle Middle School, Costa Mesa Middle School, Estancia High School and Costa . Mesa High School. On February 25, 2010, the CMSD Board approved CMSD support for and Staff participation with a manned public outreach booth on both the Friday evening before and Saturday morning during the run. CMSD Staff meet weekly with the planning committee. Please note the following specifics: a. The $500 CMSD sponsorship fee is waived. b. Up to four CMSD Staff and family members may run either the 2K or 5K course for free. c. CR &R will provide a static flatbed display touting the many aspects of recycled bales of plastics, aluminum cans and cardboard. A count the cans contest will be held awarding approximately .four $25 gift certificates to the closest guesses, similar to the Safety EXPO. d. CR &R also will provide 20 disposable trash containers and 20 disposable recycling containers for the event. e. Approximately nine hours of overtime will be required for each of two Staff members to man the CMSD public outreach booth. f. The CMSD logo was added to the event advertising. g. The Friday evening agenda currently includes recognizing veterans, the men and women of the Armed Forces, a presentation of the colors and several bands at the Friday evening EXPO. 'Board of Directors March 25, 2010 •Page 3of3 h. The US Navy Recruiting Office and San Diego Support Personnel are providing brochures and static displays in support of Public Outreach. Approved at the 2 -25 -10 Regular Board Meeting. Legal Review None Financial Review The cost to Costa Mesa Disposal for collecting refuse within District boundaries is $196,795.32. Funds for this expenditure and encumbrance are within the Approved FY 2009/10 Budget. The cost to CR Transfer for recycling services is $189,295.91. Funds for this expenditure and encumbrance are within the Approved FY 2009/10 Budget. . Staff estimates the overtime cost to work the CMSD public outreach booth at the Community Run is $520. • Committee Recommendation Analysis Items 1, 2, 3, 4, 5, and 6 are ongoing solid waste operations topics and were reviewed at the Recycling Committee Meeting on April 19. Any comments and /or recommendations from the committee will be brought forward to the Board for discussion at tonight's meeting. Public Notice Process Copies of this report are on file with the entire agenda packet at District Headquarters. Alternative Actions 1. Refer the matter back to Staff for more information. Financial Reviewed by: Sherry Kai b • Administrative Manager fi ��SpgANIT�$y' ' TA-WY COSTA MESA. SAN, yC�'PpORA'i'E� DiSqRICT ... an Independent Special District Memorandum To: Board of Directors From: Debbie Bjornson Date: April 1, 2010 Subject: REFUND REQUEST FOR BOARD APPROVAL There are no refund requests for the month of March 2010. D bie Bjornson Permit Processing Specialist Protecting our community's Health by providing soCul waste and sewer, collection services costamesasanitarydistrict.org ,��SpSAN►Tq�y, V y r rict .. an Inaepenbent Special District IR Board of Directors Arlene Schafer Robert Ooten Gary Monahan Arthur 11�)ry James Ferryman Staff Scott C. Carroll General Manager Robin B. Harpers District Engineer (949) 631 -1731 Joan Revak Qf�ice Manager �rk nf't {ze District Alan R. Burns Legal Counsel April 1, 2010 Board of Directors Costa Mesa Sanitary District 628 W. 19th Street Costa Mesa, CA 92627 -2716 SUBJECT: TRASH OCCUPANCY COUNT Dear Board of Directors: There has been one increase in the number of units for the occupancy report for solid waste collection as of April 1, 2010; therefore, the total occupancy count for April is 21,495. . Staff recommends the following: 1. The Board of Directors accepts the occupancy count as presented using 21,495 as the correct number of units. 2. The Board of Directors directs staff to prepare a warrant to Costa Mesa Marcus D. Davis Disposal for April collection based on this occupancy report so Treasurer long as the contractor fulfills the obligations of the agreement. Said payment in the amount of $196,795.32 to be ratified on the May, 2010 warrant list. Phone. (949) 645 -8400 l-ax (949) 650-2253 Address 628 R.' 19th Street Costa A4esa, C9 92627 -2716 • 4rs #L 4 Printed on Recycled Paper Sincerely, Dpi+., AcgAf_ Thomas A. Fauth Operations Manager cc: Costa Mesa Disposal 1�- O -tEci- ��cf �s�7 -�G➢LI Debbie Bjornson / Permit Processing Specialist protecting ow wwmoc &s and the environment by providing "d nuste and sewer coQection services. www.crosaca.gov OCCUPANCY CHANGES March, 2010 EXISTING A.P.N. No. ADDRESS STATUS CHANGE NEEDED CHANGED OCCUPANCY 439 - 293 -30 2451 Orange Avenue new service 1 unit Mar -10 I Total for March CR Transfer To: Joan Revak From: CR Transfer Inc. Jurisdiction: Costa Mesa Sanitary District (9) MonthNear: Mar -10 Recycling Report ** Note: This material includes food / small particulate and inert material. Total Tonnage Recycled Tonnage Landfill Tonnage County & Newport Bch. 3419.43 205.54 1723.89 104.44 1695.54 101.10 TOTAL 3624.97 1828.33 1796.64 Recycle Tons Commodity Recycled -.Percentage Newspaper 7.88% 269.46 Cardboard 6.42% 219.43 Mixed Paper 5.13% 175.30 Glass 2.80% 95.73 PET 0.59% 20.09 HDPE 0.45% 15.36 Aluminum Cans 0.33% 11.42 Non - Ferrous Metal 0.44% 14.97 Tin /Metal 0.65% 22.06 Greenwaste 9.78% 334.46 Organic/ Fines ** 12.67% 433.34 Wood 1.41% 48.06 Concrete /Asphalt 1.88% 64.21 Drywall 0.00% 0 Totals 50.41% 1723.89 ** Note: This material includes food / small particulate and inert material. Total Tonnage Recycled Tonnage Landfill Tonnage County & Newport Bch. 3419.43 205.54 1723.89 104.44 1695.54 101.10 TOTAL 3624.97 1828.33 1796.64 CR Transfer To: Joan Revak From: CR Transfer Inc. Jurisdiction: Costa Mesa Sanitary District Santa Ana Heights (11) Month/Year: Mar -10 Recycling Report ** Note: This material includes food / small particulate and inert material. Total Tonnage 205.54 Recycled Tonnage 104.44 Landfill Tonnage 101.10 Recycle Tons Commodity Percentag Recycled Newspaper 10.19% 20.93 Cardboard 6.65% 13.68 Mixed Paper 7.63% 15.68 Glass 3.30% 6.78 PET 0.78% 1.60 HDPE 0.44% 0.91 Aluminum Cans 0.51% 1.04 Non - Ferrous Metal 0.27% 0.56 Tin /Metal 0.96% 1.98 Greenwaste 1.30% 2.66 Organic / Fines 11.67% 23.98 Wood 5.17% 10.63 Concrete /Asphalt 1.95% 4.01 Drywall 0.00% 0 Totals 1 50.81% 104.44 ** Note: This material includes food / small particulate and inert material. Total Tonnage 205.54 Recycled Tonnage 104.44 Landfill Tonnage 101.10 E , • �`. cc.¢e ° M:(d, ° ° *� - Ffi^.'''"".. Cl•.x:Ea elx*r^a :. 0 _ � ' ° *A composite recycling percentage for City & County based on new cliaracterization studies completed by CRT. Waste Diversion FY- 0911 0jr 04/12/10 tow o 0 a K City 1,692.20 City 1.720.52 City 3.412.72 3.171.31 3,141.61 3.054.28 2.939.44 3.103.19 3,002.68 2.847.42 3,419.43 County 248.54 142.31 248.80 164.61 186.06 248.77 179.37 178.37 205.54 E , • �`. cc.¢e ° M:(d, ° ° *� - Ffi^.'''"".. Cl•.x:Ea elx*r^a :. 0 _ � ' ° *A composite recycling percentage for City & County based on new cliaracterization studies completed by CRT. Waste Diversion FY- 0911 0jr 04/12/10 tow o 0 a K City 1,692.20 City 1.720.52 1.598.79 1,583.84 1.539.80 1.481.91 1,564.47 1.513.79 1.435.51 1,723.89 County 126.29 72.31 126.45 83.65 94.55 126.41 91.18 90.64 104.44 E , • �`. cc.¢e ° M:(d, ° ° *� - Ffi^.'''"".. Cl•.x:Ea elx*r^a :. 0 _ � ' ° *A composite recycling percentage for City & County based on new cliaracterization studies completed by CRT. Waste Diversion FY- 0911 0jr 04/12/10 9 o 0 a K City 1,692.20 1,572.52 1,557.77 1,514.48 ' 1,457.53 1,538.72 1_488.89 1,411.91 1,695.54 County 122.25 70.00 122.35 80.96 91.51 122.36 88.19 87.73 101.10 E , • �`. cc.¢e ° M:(d, ° ° *� - Ffi^.'''"".. Cl•.x:Ea elx*r^a :. 0 _ � ' ° *A composite recycling percentage for City & County based on new cliaracterization studies completed by CRT. Waste Diversion FY- 0911 0jr 04/12/10 City .3,002.68 2,847.42 3,419.43 County 179.37 178.37 205.54 City 1.513.79 1,435.51 1,723.89 County 91.18 90.64 104.44 City 1,488.89. 1,411.91 1,695.54 County 88.19 87.73 101.10 Waste Diversion 2010/jr 04112110 * r as'.;' =cs�.� ° ..y,. i.i.; t8t _rtTM a 17 77 P•. -'A composite recycling percentage for City & County based on new characterization studies completed by CRT. Waste Diversion 2010/jr 04112110 APR =02 -2010 FRI 01:09 PM • uvcav�araa�o 09 4800154544 FAX N0, INVOICE BILL TO: COSTA MESA SANI DIST AREA 9 628 W 19TH ST COSTA MESA CA 92627 INVOICE #: 15454 P. 03 MAIL PAYMENT TO: CR TRANSFER, INC. P. O. BOX 125 STANTON, CA 90680 -0125 TERMS: NET 10 DAYS 01 TO PAY BY CREDIT CARD, PLEASE FILL IN INFORMATION ON BACK OF REMITTANCE INVOICE DATE: 4/01/10 COSTA MESA SANI DIST AREA 9 P.O. BOX 1200 COSTA MESA CA'92627 CUSTOMER #: 09- 9 2 PREVIOUS AMOUNT DUE PAYMENTS CURRENT CHARGES TOTAL DUE 1491 577.43 148,692.30 177,677.48 178,562.61 Please detach here and mtum with your payment CHECK # -------------------------- ----- . - - - -. ----------- - -w - -e CR TRANSFER, INC. 3/01/10 3/02/'10 3/03/10 3/04/10 3/05/10 3/06/10 3/D9/10 3/10/10 3f 11 /10 3/12/10 3/15/10 3/16/10 3/17/10 .3/18/10 3/19/10 3/22/10 3/23/10 3/24/10 3/25/10 3/26/10 3/29/10 3/30/ 10 3/31/10 RESIDENTIAL WASTE RESIDENTIAL WASTE RESIDENTIAL WASTE RESIDENTIAL WASTE RESIDENTIAL WASTE RESIDENTIAL WASTE RESIDENTIAL WASTE RESIDENTIAL WASTE RESIDENTIAL WASTE RESIDENTIAL WASTE RESIDENTIAL WASTE RES.IDENTIA7, WASTE RESIDENTIAL WASTE RESIDENTIAL WASTE RESIDENTIAL WASTE RESSIDENTIA" ; nASTE RESIDENTIAL WASTE. RESIDENTIAL WASTE RESIDENTIAL WASTE RESIDENTIAL, WASTE RESIDENTIAL WASTE RESIDENTIAL WASTE . RESIDENTIAL WASTE 16 175.87e 52.220 9,163.93 15 137.04 52.220 7,156.23 13 119.87✓ 52.220 6,259.61 14 143.73 52.220 7,205.58 13 127.701' 52.220 6,668.49 i6 179.15✓ 52.220 9,355.2.1 14 . 37.31-/ . 5,2 .220. ... .. 7,170.33 14: 126.20 52.220 6,590.16 14 143.54 52:220 7,495.66 13. 126.:96/ 52..22..6.. 6,629.35 16 163..97 52.220 9,606.91 _..16 _ .. 1.4 7.. 7.3 _ . .52.._22.0. . 7 , 714.4 6 14_ 129.30 1 52:220 , 6,752.05 14 147.01, .52.220" 7,676.86 14 136 .37,/ 52 .220 7,121.24 52 .'2 2 C 9,72B.06 ..'15 147: +5 52.220 7, 715. S1 15 142.47/ 52.220 7,439.78 14 157.46.' 52.220 8,222.5" lei . "4.1.27 .52 ..220 7,377.12 16 77,96✓ 52.220 9,293.07 16 157.96 52.220 8,218.67 16,, 146.52 52220 7,651.27 I TOTALS I 3 3 8 13419.43K IF YOU HAVE ANY QUESTIONS REGARDING ANY PART OF THIS INVOICE, PLEASE CALL: PREVIOUS AMOUNT DUE PAYMENTS CURRENT CHARGES TOTAL DUE IW49,577.43 ,. 148,692.30 I 177,677.48 78 562.61 CUSTOMER #:09 - 9 2 INVOICE# 15454 P.O. BOX 1200 OVERDUE AMOUNTS SUBJECT TO FINANCE CHARGE IA-4r-'l qf�llx I J.76 , 562.61 (71,11) 626 -9049 INVOICE TOTAL 178562.6-1 ®A-la I-m Rncgdrd Paper P.M APR -02 -2010 FRI 01:09 PM CA O Q ri C uuloawAaiaa 09 000154556 FAX N0, INVOICE BILL TO: COSTA MESA SAKI DIST -SA HGT 628 W 19TH ST COSTA NIESA CA 92627 INVOICE k: 1545- P; - 02 MAIL PAYMENT TO: CR TRANSFER, INC. P. O. BOX 125 . STANTON, CA 906B"125 TERMS: NET 10 DAYS r •TD PAY BY CREDIT � CATID, PLEASE FILL IN INFORMATION ON BACK OF REMrrTANCE INVOICE DATE: 4/01/10 COSTA MESA SAKI DIS - -SA HGT P.O. BOX 1200 COSTA MESA CA 92627 09 CUSTOMP # PREVIOUS AMOUNT DUE PAYMENTS CURRENT CHARGES TOTAL DUE 9,314.49 9,314.45 10,733.30 10,733.30 Please detach here and mtum rMh your paymenf CHECK # CR TRANS FER , INC _ 3/02/10 3/03/10 3/09/10 3,/10/10 3/16/10 3/17/10 3/23/10 3/29/10 3/31/10 RESIDENTIAL WASTE RESIDENTIAL WASTE (RESIDENTIAL WASTE RESIDENTIAL WASTE RESIDENTIAL WASTE RESIDENTIAL WASTE RESIDENTIAL WASTE RESIDENTIAL WASTE RESIDENTIAL WASTE 1 4 1 3 1 4 1 3 2 9.16 41.51 8.46 31.23 8.71 41.25 7 .,63 35.55 22.02 52.220 52.220 52.220 52.220 52.220 52.220 52.220 52.220 52.220 TOTALS 20 1 205.51f IF YOU HAVE ANY QUESTIONS REGARDING ANY PART OF THIS INVOICE, PLEASE CALL: PREVIOUS AMOUNT DUE PAYMENTS CURRENT CHARGES TOTAL DUE 9,314.49 9,314.49 0,733.30 I 10,733.30 CUSTOMER #: 09' 11 B INVOICE # 15455 P.O. BOX 1200 OVERDUE AMOUNTS SUBJECT TO FINANCE CHARGE 479.3E 2,167.65 4'� .78 1, 6 --0.83 454.84 2,!S4.0S 398. .0 1,149.88 714) BZ6 -5D4i INVOICE TOTAL `4 10733. spnmu - jwy';rn vn;w APP -02 -2010 14:19 96% P.02 COSTA. ��MESA ,S�I7� DIS9RICT .. an Independent Specia[District Memorandum To: Board of Directors Staff From: Isidro Gallardo, Ordinance Enforcement Officer Date: April 12, 2010 Subject: Ordinance Enforcement Officer Monthly Report, March 2010 -April 2010 DISCUSSION: In the past several weeks I have followed up on addresses issued to the CMSD by the City of Costa Mesa (Code Enforcement Division). The majority of addresses have become compliant with only a few needing a second notice to address the "out of public view policy ". (CMSD Operations Code Section 10.01.010, . Ordinance No. 27, Sec. 3). Also, several residents called the CMSD office to complain about neighbors who fail to properly store their trash containers out. of public view. I spent time addressing each complaint to gain /ensure compliance. A summary of the courtesy notice process for the District OEO is provided in the following chart. Also included in the chart is the number (# in parenthesis) of notices given out by the CCM Code Enforcement Officers during the same time period. Jan. 1, 2010 to Present 1 st Notice 2" Notice Courtesy Letter South of Wilson St. 183(10) 75 0 Wilson St. to Adams Ave. 92 (121) 37(3) 0 Adams Ave. to Sunflower Ave. 129 (71) 49 0 RECOMMENDATION: The CMSD Board of Directors accepts this March 2010 =April 2010 OEO Report. Protecting our community's health by providing solid waste and sewer collection services. crosdcagov Pancake Breakfast April 24.7 -10 am at Estancia High EXPO Fri., April 23,5-10 pm & Sat., April 24,7-11 am The run is through scenic Fairview Park, with the start and finish at Jim Scott Stadium. Contact Karen Barloon (949) 515 -6545 or kbarloon @nmusd.us Online at CostaMesaCommunityRun.com or active.com iEurren� Sponsors _ M �> � < ORANGE CoASr CoukGt MoeRC-11dftd ^ V,...'.,.+�Y„ va7 Mrp y- 9" 9nie. nvt iepiai Costa M :.. C� Mm Ifi�,- ch-4 F& t C M 900 C A A E Kiwanis" ey� Costa Mesa all AI419- 111��IYR�' ... e,...... „m QMW MOM FIRST NAME ADDRESS LAST NAME CITY T -shirt Size (please circle) SEX AGE ON RACE DAY Adult: . S M L XL XXL Youth: YL Early Registration After 4120 STATE ZIP 5K $ 25.00 $ 30.00 It, 2K $ 20.00 $ 25.00 PHONE EMAIL HOW DID YOU HEAR ABOUT I HIS EVENT r 5K Teams (5 runners) $ 100.00 $ 150.00 ❑ I agree to opt into receiving email communication from IKEA. Team Name: Waiver and Assumption of Risk (muse be signed) Each runner is required to sign a registration form. Please return all 5 in one envelope. sideration of this entry for acceptance, I hereby for myself, my heirs, executors, and administrators, T -shirt Only (non - runner) $10.00 ea. x = $ fany and all rights of claims for damages against the City of Costa Mesa, the Newport-Mesa Unified Pancake Breakfast $ 5.00 ea. x = $ ol District, USTAF, the event organizer, Estanciarfewinkle /Costa Mesa school foundations, Costa Mesa Donation $ Community Foundation, and all their sponsors, or any organization or individual associated with the above for any and all injuries sustained by me in this event. I will additionally permit the free use of my name and pictures Costa Mesa Community Run Total $ in newspapers, broadcasts, telecasts, etc. I further attest and verify that I am physically fit and have sufficiently Go Costa Mesa Community Foundation trained for the competition of this race and that my condition has been verified by a licensed doctor. P.O. Box 10268, Costa Mesa, CA 92627 Please make check payable to Costa Mesa Community Foundation and SIGNATURE OF ATHLETE Parent if under 98 ears of age) DATE ( Y 9) send to the address above. For credit card payment please pay online at Active.com /active. w �. 3 �► bad W i •� ` f h ,i',.,. Ivt' l lrl IIJ w • • COSTA MESA SANITARY DISTRICT CAPITAL IMPROVEMENT PROGRAM 2009 -2010 PROJECT: #189 Rehabilitation of Six Sewers Transferred to CMSD PROJECT MANAGER: Rob Hamers, District Engineer DESCRIPTION: Rehabilitation of the Six Sewers Transferred to CMSD from OCSD. OCSD paid CMSD $1.3 million for the work and plan_ s and specs are being prepared. START DATE: February 1, 2010 COMPLETION DATE: Mid 2011 _ STATUS REPORT: 4/22/10 - Engineering staff has discussed the sewers and deleted non - essential items from the project scope of work. Plans and specs are 5% complete. FINANCIAL STATUS throu h 3/31110 Account Number Budget Expenditures Encumbrances Balance 188 194,875 - - 194,875 _ 20 -- -1 Total — - - -7 � -� 194,875 C] de _ -E 11r, i v m < 3 -z n 3 f Z • COSTA MESA SANITARY DISTRICT CAPITAL IMPROVEMENT PROGRAM 2009 -2010 PROJECT: ent n/o Randolph #183 -2 Bristol Street Sewer Replacement -- - - - I- -- PROJECT MANAGER: Hamers, District Engineer DESCRIPTION: The project is part of the District's Hot Spot Abatement Program and will remove three large sags from a section of 8" sewer main on Bristol Street that serves the Camp and Lab developments ! __ _ START DATE: _ Fall 2010 COMPLETION DATE: —Late 2010 STATUS REPORT: HE 2/25/10 - Existing gas company and SCE company lines have been found extremely close to the existing sewer, which is scheduled for removal and replacement due to three large sags in the line. Meetings are being arranged with the utilities to discuss options for sewer construction. 3125110 - The apparent conflict with the gas and sewer lines was resolved and the sewer replacement plans completed to 90 %. The soils investigation contract and traffic engineering contract are being reviewed for signature. The project specifications are nearly complete. The plans must be submitted to the City of Costa Mesa for plan check and approval prior to going out to bid. 4122110 - The plans and specifications are 75% complete, and contracts for a soils engineering investigation and traffic control plans are being finalized. When this work is complete, the plans will be submitted to the City and other utilities for plan check. FINANCIAL STATUS throunh 3131110: Account Number Budget Expenditures _� Encumbrances Balance Total 158,017 158,017 10,684 10,684 - - 147,333 147,333 is • on COSTA MESA91NITARY DISTRICT CAPITAL IMPROVEMENT PROGRAM 2009 -2010 PROJECT: Conversion of Sewer Atlas to GIS PROJECT MANAGER:_( Rob Hamers, District Engineer DESCRIPTION: Conversion of hand -drawn sewer atlas to electronic GIS format; preparation of sewer cleaning maps and schedule; preparation of Computerized Maintenance Management System (CMMS); and preparation of Hydraulic Modeling program. START DATE: 26- Oct -09 _L COMPLETION DATE: 30- Sep -11 STATUS REPORT: - _ I i 2125/10 -100% of the GIS sewer asset data has been updated /corrected based on CMSD's lateral atlas; 40% of the data has been QA/QCd by CMSD; 100% of the wastewater drainage water sheds have been created; and 100% of the pipe segments have been updated with their appropriate cleaning frequency. Laterals are currently being created in the GIS. 3125110 - EEC is continuing progress on finalizing sewer main and lateral information while developing cleaning zones with annual, bi- annual, and tri- annual cleaning frequencies noted. The CMSD GM has requested the necessary parcel data from the County Assessor through a second public records request. 4/22/10 - Phase I of the project is 90% complete, plus EEC has greatly assisted the District by preparing a District wide map showing the Grade 4 and Grade 5 pipe problems to support justification for using fixture fees to perform the necessary reconstruction. FINANCIAL STATUS throw h 3131/10: _ Account Number Budget Expenditures I Encumbrances Balance 188 194,875 43,631 - 151,244 20 Total I 43,631 - 151,244 COSTA MESA SANITARY DISTRICT CAPITAL IMPROVEMENT PROGRAM 2009-2010 PROJECT: #187 District Yard PROJECT MANAGER: Rob Harriers, District Engineer DESCRIPTION: #187 Construction of new District Yard at 174 W. Wilson Street, Costa Mesa START DATE: f Sep-09 -- COMPLETION - DATE: Early June 2010 STATUS REPORT: 2/25/10 - Construction is approximately 50% complete. HSW superintendent and project managers provide detailed advance review of all items thereby insuring continuing successful progress. 3125/10 - Construction is approximately 65% complete. Howard S. Wright superintendent and project managers provide detailed advanced review of alll items and coupled with detailed review by the project architect and CMSD staff, the construction continues to be successful. The project has already achieved LEED Gold status with Platinum accreditation still possible. 4122/10 - Construction is approximately 85% complete. The roof is now on the building and the interior walls are being constructed. Staff is considering re-arranging HVAC equipment on the mezzanine level to maximize storage area. FINANCIAL STATUS throw 3131110: Account Number Budget #187 2,505,349 301 Expenditures 822,266 Encumbrances Balance J 1,683,083 1 oi� 1 1 2,505,349 822,266 1 1,683,083 HOWARD S. WRIGHT CONSTRUCTORS GENERAL CONTRACTORS 1901 Nancita Circle Placentia, CA 92870 INVOICE Costa Mesa Sanitary District 628 W. 19th Street Costa Mesa, CA 92627 CMSD Corporate Yard New Bldg & Site Imp 174 W. Wilson Street Costa Mesa, CA 92627 Billing for work performed through: March 31, 2010 Contract Amount C. O. Amount Total Contract Amount Work Completed To Date Less Retention @ 5% Less Previously Billed TOTAL AMOUNT DUE Meeting Date Item Number 04/22/10 VI. C. 2. Date: 3/25/2010 Invoice: 68519 -007 HSWCC Job #: 68519 2,161,546.00 VI 22,164.28 2,183,710.28 Approved By Date Approved By Date GL Acct ^ 4po GL Acct 1,084,562.64 54,228.13 J 1,030,334.51 708,611.63 321, 722.88 ✓ 31 A;L Y �f� ato,S 7 �, CONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT Upon receipt by the undersigned of a check from Costa Mesa Sanitary District in the sum 321,722.88 payable to Howard S. Wright Constructors, and when the check has been properly endorsed and has been paid by the bank upon which it is drawn, this document shall become effective to release any mechanic's lien, stop notice, or bond right the undersigned has on the job of: CMSD Corporate Yard New Bldg & Site Imp located at 174 W. Wilson Street Costa Mesa, CA 92627 to the following extent. This release covers a progress payment for labor, services, equipment or material furnished toCosta Mesa Sanitary District through March 31, 2010 only and does not cover any retentions retained before or after the release date; extras furnished before the release date for which payment has not been received; extras or items furnished after the release date. Rights based upon work performed or items furnished under a written change order which has been fully executed by the parties prior to the release date are covered by this release unless specifically reserved by the claimant in this release: This release of any mechanic's lien, stop notice, or bond right shall not otherwise affect the contract rights, including rights between parties to the contract based upon a rescission, abandonment, or breach of contract, or the right of the undersigned to recover compensation for furnished labor, services, equipment or material covered by this release if that furnished labor, services, equipment or material was not compensated by the progress payment. Before any recipient of this document release on it, said party should verify evidence of payment to the undersigned. Date: 3 ZS !4 Howard S. Wright Constructors By: n,,,. L___� s .i .._._ U - V --A HOWARD S. WRIGHT CONSTRUCTORS JOB BILLING SUMMARY JOB # 68519 ITEM Lump Sum JOB TO DATE WO ENG-R, ACCT ETC FEE OVER G. MAX RETENTION memo VACATION PENSION G/L INSURANCE SERVICE TAX EXCISE TAX SALES TAX TOTAL 68519 COMPLETE DUE DATE Date: MONTH: 03/25/10 03/31/10 CURRENT PREVIOUS CUMULATIVE BILLING TOTAL TOTAL 338,655.67 745,906-97 1,084,562.64 16,932.78 54,228.13 0.00 0 0.00 321,722.89 708,612 1,030 334.51 LOCATION: IRVINE, CA COP CMSD Corporate Yard New Buildi g & Site Improve 338,656 03/25/10 -O/L Dif� 7 fE4321,723 16,933 04/24/10 1 - Cost Cntr Acct # Cost Code --T—Amount — 1390 1 1 338,656 338,656 AIA- PAYMENT APP APPLICATION AND CERTIFICATE FOR PAYMENT PAGEONEOF PAGES TO OWNER: PROJECT: APPLICATION NO.: 68519 -007 Distribution to Costa Mesa Sanitary District CMSD Corporate Yard New Bldg & Site Imp PERIOD TO: 03/31/10 X OWNER 628 W. 19th Street 174 W. Wilson Street PROJECT M 68519 o ARCHITECT Costa Mesa, CA 92627 Costa Mesa, CA 92627 X CONTRACTOR FROM CONTRACTOR: VIA DISTRICT ENGINEER CONTRACT DATE: 08/27/09 Howard S. Wright Constructors Robin Harriers (Line 4 less Line 5 Total) ' 1901 Nancita Circle Costa Mesa Sanitary District Placentia, CA 92870 628 W. 19th Street 8. CURRENT PAYMENT DUE 321 ,722.88 Costa Mesa, CA 92626 CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor certifies that to the best of the Contractofs knowledge, Information and belief Application Is made for payment, as shown below, in connection with the Contract. the Work covered by this Application for Payment has been completed in accordance wth the Contract Continuation sheet, AIA Dowment G703, is attached. Documents, that all amounts have been paid by the Contractor for Work for which previous Certlflmtw for Payment were Issued and payments received from the Owner, and that current payments shown herein 1. ORIGINAL CONTRACT SUM 2,161,546.00 ✓ Is now due. 2- Net change by Change Orders 22,164.28 Y 3. CONTRACT SUM TO DATE (Line 1 -1- 2) 2,163,710.28 ✓ 4. TOTAL COMPLETED & STORED TO DATE 1,084,562.64 V (Column G on G703) Total changes approved in previous months by Owner S. RETAINAGE $0.00 a. 5 %, except Design Q 0% 54,228.13 $0.00 (Columns D + E an G703) TOTALS b. % to Stored Material $ $0.00 (Column E on G703) $0.00 Total Relalnage (Line 5a + 6b or Total In column I of G703) 54,228.13 / S. TOTAL EARNED LESS RETAINAGE 1,030,334.51 Y/ (Line 4 less Line 5 Total) ' 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT (Line 6 from prior Certificate) 8. CURRENT PAYMENT DUE 321 ,722.88 9. BALANCE TO FINISH, INCLUDING RETAINAGE (Line 3 less Line 6) 1,153,376 CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS Total changes approved in previous months by Owner $0.00 $0.00 Total approved [his month $0.00 $0.00 TOTALS $0.00 $0.00 NET CHANGES by Change Order $0.00 CON 1/ Jl� &) Darrin Dalton, Project Manager Slate of: California County of: Orange Subscribed and swom to before C=Wd3*Q if 1VU08 me this - 7-x'"1 day of �--h` -7c t. O NOWY POW ` CWCMk 14IOWALMF027.2014t Notary Public: My Commission exoi In accordance with Contract Documents, based on on -site observations and the date comprising this application, the Architect certifies to the Owner that to the best of the Arrhitest's knowledge, Information and belief the Work has progressed as Indicated, the quality of the Work Is in accordance with the Contract Documents, and the Contractor is entitled to payment for the AMOUNT CERTIFIED. AMOUNT CERTIFIED $ (Attach explanatton if amount certified differs from the amount applied tor. Initial all figures on this Application and on the Continuation Sheet that are changed toconform to the amount carolled.) ARCHITECT By: Dale: This Certificate Is not negotiable. The AMOUNT CERTIFIED Is payable only to the Contractor named herein. Issuance, payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract Page 3 CONTINUATION SHEET APPLICATION NO: 68519 -007 CMSD Corporate Yard New Building & Site Improvements APPLICATION DATE: 3/25/2010 SCHEDULE OF VALUES PERIOD T0: 3131/2010 ARCHITECTS PROJECT NO: A 8 C D E F G H I J K L ITEM NO. DESCRIPTION SCHEDULED VALUE CHANGE ORDERS TO DATE REVISED VALUE WORK COMPLETED FROM PREVIOUS APPLICATION THIS PERIOD MATERIALS PRESENTLY STORED (NOT IN F or G TOTAL COMPLETED AND STORED TO DATE (G +H ) PERCENT COMPLETE QF) BALANCE TO FINISH (Ed) RETAINAGE (5% of 1) 1 Automatic Sliding Gates 18,287 18 287,00 0.00 0.00 0 .00 0.00% 18,287.00 0.00 2 Earthwork 30.772 30,772.00 17 901.00 0.00 0 117,9A .00 58.17% 12,871.00 895.05 3 Erosion & Sediment Control 5,913 5,913.00 0.00 0.00 0 0.00 0.00% 5,913.00 0.00 4 Under round Utilities 70,893 70,893.00 69,893.00 0.00 0 69,893.00 98.59% 1,000.00 3,494.65 5 Pavement Markings 2,200 2 200.00 0.00 0.00 0 0.00 0.00% 2,200.00 0.00 6 Site Concrete 58,927 58 927.00 0.00 0.00 0 0.00 0.00% 58 927.00 0.00 7 Landsca e & Irri anon 18,610 18,610.00 0.00 0.00 0 0.00 0.00% 18,610.00 0.00 8 Concrete & Rebar 92,344 9234400 83,098.00 9;246.00 0111y 92,344.00 100.00% 0.00 4,617.20 9 Block Mason 183,535 183,535.00 142,896.00 0,639.00 0 183 535.00 100.00% 0.00 9,176.75 10 Structural Steel 56,103 56,103,00 25,246.00 16,831.25 0 42,077.25 75.00% 14025.75 2,103.86 11 Ornamental Metals 17,900 17.900.00 1,253.00 0.00 0 1,253.00 7.00% 16,647.00 62.65 12 Rou h Ca ent 118,800 118,800.00 101,220.00 17,58D.00 0 118,800.00 100.00% 0.00 5,940.00 13 Finish Ca n 12 100 12,100.00 0.00 0.00 0 0.00 0.00% 12,100.00 0.00 14 Building insulation 23,450 23,450.00 0.00 0.00 0 0.00 0100A 23 450.00 0.00 15 Sheet Metal / Siding 129,4101 129,410.00 0.00 4,913.00 0 4 913.00 3.8 ° 124,497.00 245.65 18 Membrane Roofing System 46,731 46,731.00 0.00 42,057.90 0 42,057.90 o 4673.10 2,102.90 & Sealants 2,901 2,901.00 0.00 1,305.45 0 1,305.45 45.00°% 1,595,55 65.27 Doors & Frames 15,290 15 290.00 0.00 0.00 0 0.00 0.00% 15,290.00 0.00 Coilin Doors 8,390 81390.00 0.00 0.00 0 0.00 0.00°% 8,390.00 0.00 N21Caulking Skylights 18,000 18,000.00 0.00 0.00 0 0.00 % 18,000.00 0.00 Aluminum Entrances and Curtainwail 90,500 90 500.00 0.00 23,660.00 0 3,660.00 .14° 66,840.00 1,183.00 Metal Studs and d all 79,500 79 500.00 28,700.00 11,050.00 0 39,750.00 50.0090 39 750.00 1,987.50 Acoustical Ceilings 9,850 9,850.00 0.00 0.00 0 0.00 0.00% 9,850.00 0.00 24 Resilient Flooring/Tile 27,569 27,569.00 0.00 0.00 01 0.00 0.00% 27,569.00 0.00 26 Painting 15,3001 15 300.00 0.00 0.00 0 0.00 0.00°% 15,300.00 0.00 27 Sf na a 13 000.00 0.00 0.00 0 0.00 0.00% 13 000.00 0.00 28 Metal Lockers 3,000.00 0.00 0.00 0 0.00 0.00°% 3,000.00 0.00 29 Folding Partitions 9,000.00 0.00 0.00 0 0.00 0.00% 900000 0.00 30 Fire Extinguishers [02,236 300.00 0.00 0.00 0 0.00 0.00% 300.00 0.00 31 Toilet Accessories 2,236.00 0.00 0.00 0 0.00 0.00% 2 236.00 0.00 liances 3,175.00 0.00 0.00 0 0.00 0.00% 3,175.00 0.00 Fire Protection 17,763 17 763.00 0.00 0.00 0 0.00 0,00% 17 763.00 0.00 Plumbin 81,995 81,995.00 21 319.00 23 778.25 0 45 097.25 55.00% 36,897.75 2,254.86 N35ResidentialA Fuel Tank 54,306 54,306.00 0.00 0.00 0 0.00 0.00°% 54 306.00 0.00 HVAC 120,174 120,174.00 18 026.00 37 254.04 0 55,280.04 46.00°% 64,893.96 2.764.00 Electrical 249,241 249,241.00 52,355.00 54,818.63 0 107,173.63 43.00°% 142067.37 5,358.68 Photovoltaic Panels 83,028 8302800 7,681.00 0.00 0 7,681.00 9.25% 75 347.00 384.05 OCO #1 COP #1: Masonry biock/rebar submittal delays 8,128.04 8,128.04 8,128.04 0.00 0 8,128.04 100.00% 0.00 406.40 COP#2: Increase footing - retaining wall 7,562.601 7,562.60 if 0.00 7,562.60 0 7,562.60 100.00% 0.00 378.13 COP43: Undocumented piping in street 2,503.73 2,503.73 V1 2,503.73 0.00 0 V, 2,503.73 100.00% 0.00 125.19 COP#4: Demo unforseen septic tank 1,448.85 1,448.85 1,448.85 0.00 0 1,448.85 100.00°% 0.00 72.44 COP#5: Changes in Edison/telephone/cable 2,723.15 2,723.15 2,723.15 0.00 0 2,723.15 100.00% 0.00 136.16 COP#6: Value engineer rain switch 2,592.38 2,592.38 2,592.38 0.00 0 2,592.38 100.00°% 0.00 129.62 COP#7: Added expansion joint on Interior slab 2,390.29 2,390.29 798.00 1,592.29 0 2,390.29 100.00°% 0.00 119.51 89519007 MAR10.ztu PAGE # 1 OF 6 A B C D E F G H I J K L ITEM NO. DESCRIPTION ' SCHEDULED VALUE CHANGE ORDERS TO DATE REVISED VALUE WORKCOMPLETED FROM PREVIOUS APPLICATION THIS PERIOD MATERIALS PRESENTLY STORED (NOT IN For G TOTAL COMPLETED AND STORED TO DATE (G-H) - PERCENT COMPLETE (J /F) BALANCE TO FINISH (E•1) RETAINAGE (5% of I) ' Subtotal 1,790 493 22,164.28 1 812,657.28 582,597.39 292 288.41 0 874,885.80. 48.27% 937,771.48 43 744.29 39 General Requirements 52,883 52,883.00 29,085.65 2644.15 0 31,729.80 60.00% 21,153.20 1,586.49 40 General Conditions 218.679 218,679.00 70 283.43 35,272.92 0 105,556.35 48.27% 113,122.65 5,277.82 41 Sub Bonds 7,912 7,912.00 7,912.00 0.00 0 7,912.00 100.00% 0.00 395.60 42 Builders Risk 1,200 1,200.00 1 200.00 0.00 0 11200.00 100.00% 0.00 60.00 43 General Liability Insurance 23,818 23 818.00 23,818.00 0.00 0 23,818.00 100.00% 0.00 1,190.90 44 Overhead and Profit 52,388 52,388.00 16,837.50 8 450.19 0 25,287.69 48.27% 27,100.31 1,264.38 45 Performance and Payment Bond 14,173 14 173.00 14,173.00 0.00 0 14 173.00 100.00% 0.00 708.65 TOTAL CONTRACT SUM 2,161,546 22,164.28 2,183,710.28 745,906.97 338,655.67 1 0 j 1,084,562.64 49.67% 1,099,147.64 54,228.13 1,084,562.64 1,099,147.64 1 54 228.13 Contract extension of 6 workdays (8 calendars) for COP #1 Contract extension of 8 workdays (10 calendars) for rain delays through December 2009 Rain related delays: 10/13/09 - 10/16/09 12107/09 - 12/08/09 12!1112009 1 2/3 012 00 9 The Contract Time will be increased by 14 work days Date of Substantial Completion thru OCO #1 May 28, 2010 68519-007 MAR10.xlax PAGES 2 OF 2 a Meeting Date Item Number 04/22/10 VI. D. 1. COSTA MESr� S�aLi7a�yDrszRrcz Memorandum ... an Independent Special District To: Board of Directors Via: Scott Carroll, General Manager From: Sherry Kallab, Admini ation Manager Date: April 22, 2010 Subject: Financial Reports as of March 31, 2010 Summary Staff is providing the Board with the Financial Reports as of March 31, 2010. Staff Recommendation 1. Staff recommends the Board receive and file the Financial Reports as of March 31, 2010. 2. Ratify payments for the month of March 2010 in the amount of $1,027,898.42 3. Ratify Director's compensation and expense reimbursements for the month of March 2010 in the amount of $5,385.00. Analysis The financial highlights for the month of March 2010 are as follows: Revenues During the month of March the 5th tax apportionment was received, bringing the total received to 62% or $3,179,114 of the annual charge in the solid waste fund and 63 %, or $3,139,683 of the annual charge in the liquid waste fund. The above percentages compare to the percentages of the annual charge received in the prior year. The total amount of general property taxes received to date is $127,007. The District received two longevity distribution checks from SDRMA in the amounts of $5,667 and $415 for the Property /Liability Program and Worker's Compensation Program, respectively. The distributions were a result of the SDRMA Board of Directors approving a new longevity distribution policy to recognize and reward Protecting our community's health by providing solid waste and sewer collection services crosdcagov Board of Directors April 22, 2010 Page 2 of 4 members for their loyalty and commitment to SDRMA programs. The District met the 3 full program year initial commitment requirement as of June 30, 2009. Expenditures As of March 31, 2010 the solid waste fund had expenditures of $3,440,823 leaving 34.33 %, or $1,798,743 of the $5,239,566 budget available. As of March 31, 2010 the liquid waste fund operations and maintenance expenditures were $1,624,799 leaving 44.91%, or $1,992,848 of the $3,617,647 budget available. The transfer out in the amount of $718,618 from the Liquid Waste Fund to the Facilities Revolving Fund remains outstanding. During the month of March grants in the amount of $12,275 were awarded to Sewer Lateral Assistance Program recepients, for a total year to date amount of $111,799. The first payment in the amount of $43,631 was made to EEC for completion of 65% of Phase 1 of the GIS project. $56,611 was paid to OCSD for fees collected during the month of February 2010 and included in these fees were fees collected for the Mother's Market development. In addition, during the month of March the first set of 300 compost bins and kitchen collectors were purchased for an amount of $16,182 with grant funds obtained from the AB 939 Regional Recycling and Waste Diversion Program. Board of Directors April 22, 2010 Page 3 of 4 Board Member Meetin s Compensation Milea e President Schafer ISDOC $221 $5.00 Chamber of Commerce $221 $3.00 Water Summit Dinner $221 $17.00 School Award - College P. $221 $6.00 CMSD Genrl Mgr Meeting $221 Director Perry CMSD Board Meeting $221 Vice President WDR Steering Committee $221 $3.50 Ooten CMSD Sewer System $221 WDR Committee $221 $3.50 SWANA Conference $221 $40.00 CMSD Recycling Meeting $221 CMSD Board Meeting $221 Director Monahan CMSD Sewer System $221 1 CMSD Board Meeting $221 Director Ferryman CMSD Sewer System $221 CMSD Sewer System Sub $221 School Award - Klein $221 $3.00 School Award - Davis $221 $3.00 School Award - Kaiser $221 $6.00 CMSD Board Meeting $221 Director Perry WACO General Meeting $221 CMSD Sewer System $221 CMSD Sewer System Sub $221 CMSD Board Meeting $221 Legal Review None. Financial Review With three months left in the fiscal year, the District has a remaining cash balance in the following funds Solid Waste: $ 4,110,621 Liquid Waste: $ 8,229,109 Sewer Construction: $ 100,000 Facilities Revolving: $ 1,292,493 Board of Directors April 22, 2010 Page 4of4 Committee Recommendation Not applicable Public Notice Process Copies of this report are on file with the entire agenda packet at District Headquarters. Alternative Actions 1. Refer the matter back to staff Attachments 1. Director' compensation and expense reimbursement forms 2. Warrant Resolution No. CMSD 2010 -10 3 Costa Mesa SP ary District • 0 Expense Reimbursent_ Form for Directors Name: I. Attach all receipts. `Cart be lsed for 'ate uto as I as t if and air fa� e' II. Calculatio `�\ �, 3 �- ' �5- C • -Q,1� 1. miles at 5D:0 cent per. t��alie $ �• .ec, (Current Rate) 2. Total meals = 3. days attendance at $_L21.00 per day (PW BMro P011cv) 4. Meeting 5. Other Conference/Event: Location: aer ordinance No. 55, "Board nvembers shall provide brief reports on meetings attended at public expense at the next regular Board meeting." (Operations Code, Section 3.01.035) Total= $ l0'.. bD e- SignMicant points learned of benefit to the District and its ratepayers: (rev. 111109) 10 Costa Mesa Sanitary District Expense Reimbursemereorm for Directors , Name: 1. Attach all recelpts. • • •..1. • • h .' • •. • •.� .; • . 'C be sed for to M1 s as t limo and air fa J 1 d a e.� ,,,,•:� -� , Co.,.. �.3 —� 0 N Cs- , (fit 11. __ Calculatt0 1. miles at per mile = $ (Curw* Raw 2. Total meals 3. days attendance at $ 221,00 per day (va► eow PAY) 4. Meeting = 5. Other = Coriference/Event: Location: `'per Ordinance No. 55, ".Board membeve shall provide brief reports on meetings attended at public expense at the next regular Board meeting." (Operations Cods, Secdon 5.01.035) (rev. Total = $ L 31 G • 00 Significant points learned of benefit to the District and Its ratepayers: CasU Mai SrApry DNtrlet ExpNas R.aoburem, Faro for oUsctors Name Rober J Ooftn L d o 20 1 d 1. Attach MM nmmkd . • DATE OR !°VWff tUMM oR 000.ANON LOCATION TRAVEL' MEAT. EXPENSE OTHER 4- W D ft r • - ©c. S t (o S, C uc — 1 °1 . vj All So "Can be used for prkvb auto n wel as 10, Ow and air lin. n. Calculation 1. miles at 55 goft per rate . 2. Total meals 3. (o days aterhdanos st: ?21.00 per dsY OW 9Md poesy► 4. Meeting 5. Other doiencelEvent: SW �v o wAL &_c Location: =.$ t Sao Total = $ 3 2 G 8ipniAcalot points learned of bmwflt to the Oast let and Its : 5k7 P AJ pt - il, e_t) J-A_( cam, &. u)k4llb C Per Ordo --roe No. Q6, "Board mwa6 re tt�hsli prohride brief 7107 aaS 1200$ Cam; nporb on m-- lS ts.atbmded et pnMs expow at.the rebel t�,y,,, .,�,` Rr � '52– '!� r+eoular Board rneetlthO.p (opee.rene Code. aeetion 3.01.036] C , nn . gtr+`��"�"`� `�' to V, CA& �aviadzc'� Dir+scborSivrhabr� trsv. voet 3. Flt 1 -- A... Costa Mesa Sant ary ummm Expense Relmbursemlo Form for Directors i Name. Rober J Oobsn !: a L &L 2.0 1. Attach all receldb. DATE OF EVENT PURPOSE OR OCCASION LOCATION TRAVEL* MEAL EXPENSE OTHER 9 W P (L C9 C `7 Can be used for private auto as we# as taod, Ibno and air faro. II. Calculation 1. q Q- miles at per mile 2. Total meals 3. I days attendance at $121.M per day cam 80" POW 4. Meeting 5. Other 97.00 = $ yz�zg- Total = $ 5 N 1 SiBMAcant PolMs learned of bensflt to the District and its ContemncWEvent: a Location: `%, -k . u c� rw- Per Ordinance No. 06, "Boar! .lumbers 00 provide brief reports on nuMb a IN ft d st public expense at the nwd regular Board mewling." (Operations Code* Section 3.01.035) (my. 2M) Director Costa Mesa Sanitary District Expense Reimbursedet Form for Directors Name:Gary Monahan I. Attach all receipts. • .- DATE OF EVENT. PURPOSE OR OCCASION LOCATION TRAVEL" MEAL EXPENSE OTHER 3/16/10 CMSD Sewer System Committee Meeting CMSD 3/25/10 CMSD Regular Board of Directors Meeting CMSD `Can be used for private auto as well as taxi, limo and air fare. II. Calculation 1. miles at 50.0 cents per mile. (current Rate) 2. Total meals 3. 2 days attendance at $ 221.00 per day (per Board pa") 4. Meeting 5. Other Conference/Event: Location: Per Ordinance No. 55, "Board members shall provide brief reports on meetings attended at public expense at the next regular Board meeting." (Operations Code, Section 3.01.035) = 442.00 Total = 442.00 Significant points learned of benefit to the District and its ratepayers: Director Signature: (rev. 1/1/09) Costa Mesa Sale District m Expense Reimbursement Farm for Directors 2.2,3 1� Name: CL 1. Attach all receipts. Y � F� F- Ln c z S CE Ln Cr Ln B 3 � 1 a .n s� J 9 �v - r v ' Y J 3 DATE OF EVENT- PURPOSE OR OCCASION LOCATION TRAVEL' MEAL EXPENSE OTHER Lc.1a;} ✓CF7iJ t�S X41 Grx -- " - SC'ti���� 2 - /r� rUi CI A% `/ 3I �►��/ —12 r D r� `� I {rJ�. "Can be used for private auto as well as text. Ilmo and air fare. 11. Calculation I . miles at ants per mile ( anent oel 2. Total meals 3. _ a days attendance at $ 221.00 per day oft Board paarn 4. Meeting S. Other Conference/Event: -- Location: Per Ordinance No. 55, "Board members shell provide brief reports on meNings attended at public expenae at the next regular Board meotino." (Operations Code. Section 3.01.035) cro., wool , it 3a` -ew Total= 3 Lr 32A.bU 9 �• Significant points learned of benefit to the District and its ratepayers: A ra Director Signature: m IL m a 0 U U r 0 u r a C r i g i Costa Mesa Sanitoistrict J Expense Reimbursement Form for Direciors 2- 2 5-3 m Name: U / LL I. Attach all recalota, ti O f- 0 a7_ N Cr N O r i S) :n s� L � �9 �r v � Y Q DATE PUIPOrSE/�OFt( LOCATION. TRAVEL' MEAL EXPENSE OTHER yyOFEVENT \�OCCASION LL-71ll) ✓LWU n COO kowzs • r�� 'Can be used for private auto as well as text, Limo anu air rare. 11. Calculation 1. miles at per mHe 2. Total meals 3. days attendance at $.jZjL0 per day (per Board pd 4. Meeting b. other Conference/Event: Location: Per Ordinance No. 55, "Board members shall provide brief report* on meetings sttendisd at public expense at the next regular Board meeting," (Operations Code. Section 3.01.035) (roe, v1I091 = $ ia-oU Total = $ [A, Go Significant points learned of benefit to the District and its rBtenavers: Director Signature: W EL i� 0 m- a` rn m U) In N Q N CD v m cn N E r 0 r~ Q a In w E a U LL v M M Rf 1 >z CE Expense Re-4 but' iFi& i FprEE iafi Dire-e r L Attach all receipts. DATE OF EVENT PURPOSE OR tK= AISION LM- A ON TRAVEL' _ ( MEAL EXPENSE � OTHER -lean ue used Tor prwats auro as well as um, umo ana air Yve. 11. Calculation 1. miles at 50.0 cents par mile (ru"M Rale) 2. Total meals 3. ` days attendance at $ 221.Q0 per day Uw POMM 4. Meeting 5. Other ConferencelEvent: Location: Per Ordinance No. 55, "Board members sha{I provide brief reports on mesttngs attended at public expense at the next regular Board meeting." (Operations Coda. Sion 3.41.035) (Mve. V" Total= $`f 00 Significant points Learned of (benefit to the District and its e�tgpayaars; a m m w • m >n N I Director Signature, i b q� Q 0 f. COSTA MESA SANITARY DISTRICT Warrant Resolution No. CMSD 2010 -10 A RESOLUTION OF THE COSTA MESA SANITARY DISTRICT RATIFYING THE PAYMENT OF CERTAIN CLAIMS AND DEMANDS, AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME WERE PAID. THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT DOES HEREBY ORDER AND RESOLVE AS FOLLOWS: Section 1. That the attached claims and demands totaling $1,027,898.42 have been audited as required by law and that the same were paid out of respective funds as hereinafter set forth. Section 2. That the Clerk of the District shall certify to the adoption of this Resolution and shall retain a certified copy thereof in her own records. PASSED AND ADOPTED this 22nd day of April 2010 ATTEST: Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss COSTA MESA SANITARY DISTRICT ) President I, JOAN REVAK, Clerk of the Costa Mesa Sanitary District, hereby certify that the foregoing Warrant Resolution No. CMSD 2010 -10 was duly adopted by the Costa Mesa Sanitary District at a.regular meeting held on the 22nd day of April 2010. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the Costa Mesa Sanitary District on this 22nd day of April 2010, Clerk of the Costa Mesa Sanitary District Accounts Payable Checks for Approval User. tgonzalez Printed: 04 /08/2010 - 3:17 PM COST'A WESIA Ste` XRT(DIST9UCT ...im l =dwu sp"�Obawt Check Number Check Date Fund Name Account Name Vendor Name Amount 0 03/05/2010 Solid Waste Fund Benefits Admin Costs Cal PERS 2.71 0 03/03/2010 Liquid Waste Fund Federal Withholding Taxes Internal Revenue Service 179.67 0 03/03/2010 Liquid Waste Fund FICA - Employee Internal Revenue Service 342.54 0 03/03/2010 Liquid Waste Fund FICA - Employee Internal Revenue Service 342.54 0 03/03/2010 Liquid Waste Fund Medicare = Employee Internal Revenue Service 80.12 0 03/03/2010 Liquid Waste Fund . Medicare - Employee Internal Revenue Service 80.12 Check Total: 1,024.99 0 03/05/2010 Liquid Waste Fund PERS Medical Cal PERS 6,302.46 0 03/05/2010 Solid Waste Fund Benefits Admin Costs Cal PERS 2.71 0 03/05/2010 Liquid Waste Fund Benefits Admin Costs Cal PERS 24.39 Check Total: 6,329.56 0 03/05/2010 Liquid Waste Fund Federal Withholding Taxes Internal Revenue Service 5,107.08 0 03/05/2010 Liquid Waste Fund FICA - Employee Internal Revenue Service 50.65 0 03/05/2010 Liquid Waste Fund FICA - Employee Internal Revenue Service 50.65 0 03/05/2010 Liquid Waste Fund Medicare - Employee Internal Revenue Service 559.77 0 03/05/2010 Liquid Waste Fund Medicare - Employee Internal Revenue Service 438.08 0 03/05/2010. Liquid Waste Fund Medicare - Employee Internal Revenue Service 121.69 Check Total: 6,327.92 0 03/05/2010 Liquid Waste Fund State Withholding Taxes State of Cal Emp Dev Dept 1,780.21 Check Total: 1,780.21 0 03/05/2010 Liquid Waste Fund PERS Retirement Cal Pers Employee Ret System 130.21 0 03/05/2010 Liquid Waste Fund PERS Retirement Cal Pets Employee Ret System 36.21 0 03/05/2010 Liquid Waste Fund PERS Retirement Cal Pers Employee Ret System 234.46 0 03/05/2010 Liquid Waste Fund PERS Retirement Cal Pers Employee Ret System 65.21 0 03/05/2010 Liquid Waste Fund PERS Retirement Cal Pers Employee Ret System 1,860.07 AP - Checl Approval ( 04 /08/2010 - 3:17 PM ) qe 1 .-D Check Nw..aer Check Date Fund Name Account Name • Vendor Name Amount 0 03/05/2010 Liquid Waste Fund PERS Retirement Cal Pers Employee Ret System 209.42 3,349.48 0 03/05/2010 Liquid Waste Fund PERS Survivor Benefit Cal Pers Employee'Ret System 0 03/31 /2010 10.23 0 03/05/2010 Liquid Waste Fund PERS Retirement Cal Pers Employee Ret System Liquid Waste Fund 517.34 0 03/05/2010 Liquid Waste Fund PERS Retirement Cal Pers Employee Ret System Medicare - Employee 931.58 0 03/05/2010 Liquid Waste Fund PERS - Employer Cal Pers Employee Ret System 0.02 Check Total: 7,134.81 0 03/15/2010 Solid Waste Fund Investment Earnings Bank of America 548.64 Check Total: 548.64 0 03/24/2010 Liquid Waste Fund Federal Withholding Taxes Internal Revenue Service 5,114.49 0 03/24/2010 Liquid Waste Fund FICA - Employee Internal Revenue Service 53.13 0 03/24/2010 Liquid Waste Fund FICA - Employee Internal Revenue Service 53.13 0 03/24/2010 Liquid Waste Fund Medicare - Employee Internal Revenue Service 560.04 0 03/24/2010 Liquid Waste Fund Medicare - Employee Internal Revenue Service 438.66 0 03/24/2010 Liquid Waste Fund Medicare - Employee Internal Revenue Service 121.38 Check Total: 6,340.83 0 03/24/2010 Liquid Waste Fund State Withholding Taxes State of Cal Emp Dev Dept 1,775.71 Check Total: 1,775.71 0. 03/24/2010 Liquid Waste Fund PERS Retirement Cal Pers Employee Ret System 130.21 0 03/24/2010 Liquid Waste Fund PERS Retirement Cal Pers Employee Ret System 36.26 0 03/24/2010 Liquid Waste Fund PERS Retirement Cal Pers Employee Ret System 234.46 0 03/24/2010 Liquid Waste Fund PERS Retirement Cal Pers Employee Ret System 65.30 0 03/24/2010 Liquid Waste Fund PERS Retirement Cal Pers Employee Ret System 1,860.08 0 03/24/2010 Liquid Waste Fund PERS Retirement Cal Pers Employee Ret System 3,349.48 0 03/24/2010 Liquid Waste Fund PERS Survivor Benefit Cal Pers Employee Ret System 10.23 0 03/24/2010 Liquid Waste Fund PERS Retirement Cal Pers Employee Ret System 517.99 0 03/24/2010 Liquid Waste Fund PERS Retirement Cal Pers Employee Ret System 932.75 Check Total: 7,136.76 0 03/31/2010 Liquid Waste Fund Federal Withholding Taxes Internal Revenue Service 209.42 0 03/31/2010 Liquid Waste Fund FICA - Employee Internal Revenue Service 383.65 0 03/31 /2010 Liquid Waste Fund FICA - Employee Internal Revenue Service 383.65 0 03/31/2010 Liquid Waste Fund Medicare - Employee Internal Revenue Service 89.74 0 03/31/2010 Liquid Waste Fund Medicare - Employee Internal Revenue Service 89.74 AP - Checks for Approval ( 04/08/2010 - 3:17 PM ) Page 2 Check Nuls Check Date Fund Name Account Name Vendor Name . Amount Check Total: 9,122.40 AP - ChecY - Approval ( 04 /08/2010 - 3:17 PM) "'Oe 3 Check Total: 0 03/26/2010 Solid Waste Fund Equipment Maintenance Automatic Data Processing, Inc 5.45 0 03/26/2010 Liquid Waste Fund Equipment Maintenance Automatic Data Processing, Inc 49.05 Check Total: 54.50 7204 03/01/2010 Solid Waste Fund Trash Hauler Costa Mesa Disposal 196,786.16 Check Total: 196,786.16 7205 03/12/2010 Solid Waste Fund Building Maintenance 949 Storage 16.00 7205 03/12/2010 Liquid Waste Fund Building Maintenance 949 Storage 144.00 Check Total: 160.00 7206 03/12/2010 Liquid Waste Fund Employee Insurance AFLAC 706.78 Check Total: 706.78 7207 03/12/2010 Liquid Waste Fund Sewer Lateral Program #186 Alan Duong 175.00 Check Total: 175.00 7208 03/12/2010 Liquid Waste Fund Sewer Lateral Program #186 Barbara Renck 1,800.00 Check Total: 1,800.00 7209 03/12/2010 Solid Waste Fund Professional Services BHl Management Consulting 655.00 7209 03/12/2010 Liquid Waste Fund Professional Services BHI Management Consulting 5,895.00 Check Total: 6,550.00 7210 03/12/2010 Solid Waste Fund Legal Services Alan R Bums 1,070.62 7210 03/12/2010 Liquid Waste Fund Legal Services Alan R Burns 1,988.28 7210 03/12/2010 Liquid Waste Fund Legal Services Alan R. Bums 4,434.50 7210 03/12/2010 Solid Waste Fund Legal Services Alan R Burns 760.20 7210 03/12/2010 Solid Waste Fund Legal Services Alan R Burns 304.08 7210 03/12/2010 Liquid Waste Fund Legal Services Alan R Bums 564.72 Check Total: 9,122.40 AP - ChecY - Approval ( 04 /08/2010 - 3:17 PM) "'Oe 3 Check Nw..oer Check Date Fund Name Account Name Vendor Name Amount 7211 03/12/2010 Liquid Waste Fund Public Info/Ed/Community Promo City of Costa Mesa 250.00 Check Total: 250.00 7212 03/12/2010 Liquid Waste Fund Sewer Lateral Program #186 Cory Mayne 542.49 Check Total: 542.49 7213 03/12/2010 Liquid Waste Fund Accounts Receivable C&R Drains Inc. 1,202.58 7213 03/12/2010 Liquid Waste Fund Accounts Receivable C&R Drains Inc. 870.00 7213 03/12/2010 Liquid Waste Fund Accounts Receivable C &R Drains Inc. 264.00 7213 03/12/2010 Liquid Waste Fund Accounts Receivable C &R Drains Inc. 949.00 Check Total: 3,285.58 7214 03/12/2010 Solid Waste Fund Recycling/Disposal CR Transfer, Inc. 148,692.30 7214 03/12/2010 Solid Waste Fund Recycling/Disposal CR Transfer, Inc. 9,314.49 Check Total: 158,006.79 7215 03/12/2010 Solid Waste Fund Sharps Program Curbside, Inc. 95.00 7215 03/12/2010 Solid Waste Fund Household Hazardous Waste Curbside, Inc. 113.00 7215 03/12/2010 Solid Waste Fund Household Hazardous Waste Curbside, Inc. 112.50 7215. 03/12/2010 Solid Waste Fund Household Hazardous Waste Curbside, Inc. 100.00 7215 03/12/2010 Solid Waste Fund Household Hazardous Waste Curbside, Inc. -25.00 7215 03/12/2010 Solid Waste Fund Sharps Program Curbside, Inc. 100.00 7215 03/12/2010 Solid Waste Fund Sharps Program Curbside, Inc. 95.00 7215 03/12/2010 Solid Waste Fund Household Hazardous Waste Curbside, Inc. 72.00 7215 03/12/2010 Solid Waste Fund Household Hazardous Waste Curbside, Inc. 75.00 7215 03/12/2010 Solid Waste Fund Household Hazardous Waste Curbside, Inc. -25.00 Check Total: 712.50 7216 03/12/2010 Liquid Waste Fund Sewer Lateral Program #186 David Trciger 412.50 Check Total: 412.50 7217 03112/2010 Liquid Waste Fund Sewer Maint -FOG Ping Contract Environmental Engr & Cont, Inc 7,766.50 7217 03/12/2010 Liquid Waste Fund GIS System #188 Contr Svc Environmental Engr & Cont, Inc 43,631.13 Check Total: 51,397.63 7218 03/12/2010 Solid Waste Fund Travel/Meals/Lodging Jim Ferryman 5.00 AP - Checks for Approval ( 04/08/2010 - 3:17 PM) Page 4 Check Nu& Check Date Fund Name . Account Name � Vendor Name � Amount Check Total: 5.00 7219 03/12/2010 Solid Waste Fund Building Maintenance F.M. Thomas Air Condittioning, 26.58 7219 03/12/2010 Liquid Waste Fund Building Maintenance F.M. Thomas Air Condittioning, 239.20 Check Total: 265.78 7220 03/12/2010 Solid Waste Fund Gas - Building The Gas Company 6.20 7220 03/12/2010 Liquid Waste Fund Gas - Building The Gas Company 55.77 Check Total: 61.97 7221 03/12/2010 Liquid Waste Fund Sewer Lateral Program #186 Gay Craven 1,800.00 Check Total: 1,800.00 7222 03/12/2010 Liquid Waste Fund Sewer Maint- Material/Supplies Golden Bell Products, Inc. 1,495.31 Check Total:. 1,495.31 7223 03/12/2010 Liquid Waste Fund Engineering/Architectual Sery Robin B. flamers & Assoc., Inc. 1,400.00 7223 03/12/2010 Liquid Waste Fund Engineering/Architectual Sery Robin B. Hamers & Assoc., Inc. 5,355.75, 7223 03/12/2010 Liquid Waste Fund Plan Ck/Inspection- Inside Robin B. Hamers & Assoc., Inc. 3,570.50 "7223 03/12/2010 Liquid Waste Fund Plan Ck/Inspection- Inside Robin B. Hamers & Assoc., Inc. 14,706.00 7223 03/12/2010 Liquid Waste Fund Plan Ck/Inspection- Outside Robin B. Hamers & Assoc., Inc. 868.50 7223 03/12/2010 Liquid Waste Fund Plan Ck/Inspection- Outside Robin B. Hamers & Assoc., Inc. 290.25 7223 03/12/2010 Liquid Waste Fund Plan Ck/Inspection -Swr Lateral Robin B. Hamers & Assoc., Inc. 806.25 7223 03/12/2010 Liquid Waste Fund Bristol St Pump - Contract Labor Robin B. Hamers & Assoc., Inc. 85.00 7223 03/12/2010 Liquid Waste Fund Bristol St Pump - Contract Labor Robin B. Hamers & Assoc., Inc. 129.00 7223 03/12/2010 Liquid Waste Fund Analysis of CCTV Results #182 Robin B. Hamers & Assoc., Inc. 6,417.50 7223 03/12/2010 Liquid Waste Fund Systm Wide Swr Rcnstruct. #183 Robin B. Hamers & Assoc., Inc. 2,465.00 7223 03/12/2010 Facilities Revolving Fund District Yard" Robin B. Hamers & Assoc:; Inc. 552.50 7223 03/12/2010 Facilities Revolving Fund District Yard Robin B. Hamers & Assoc., Inc. 3,000.00 7223 03/12/2010 Facilities Revolving Fund District Yard Robin B. Hamers & Assoc., Inc. 1,150.00 Check Total: 40,796.25 7224 03/12/2010 Solid Waste Fund Postage MailFinancc Inc. 7.72 7224 03/12/2010 Liquid Waste Fund Postage MailFinance Inc. 69.49 Check Total: 77.21 -e 5 AP - Check- " Approval ( 04/08/2010 - 3:17 PM) Check Nu,$er Check Date Fund Name Account Name 0 Vendor Name Amount 7225 03/12/2010 Liquid Waste Fund Sewer Maint - Material /Supplies Home Depot Credit Services 192.00 7225 03/12/2010 Solid Waste Fund Office Supplies Home Depot Credit Services 7.59 7225 03/12/2010 Liquid Waste Fund Office Supplies. Home Depot Credit Services 68.27 AP - Checks for Approval ( 04 /08/2010 - 3:17 PM) Page 6 Check Total: 267.86 7226 03/12/2010 Facilities Revolving Fund District Yard Howard S. Wright Constructors 169,475.83 Check Total: 169,475.83 7227 03/12/2010 Solid Waste Fund Staff Development Sherry Kallab 56.20 7227 03/12/2010 Liquid Waste Fund Staff Development Sherry Kallab 505.77 Check Total: 561.97 7228 03/12/2010 Liquid Waste Fund Sewer Maint- Water Pumps Mesa Consolidated Water Dist 15.95 7228 03/12/2010 Liquid Waste Fund Sewer Maint- Water Pumps Mesa Consolidated Water Dist 15.93 7228 03/12/2010 Liquid Waste Fund Sewer Maint- Water Pumps Mesa Consolidated Water Dist 15.93 7228 03/12/2010 Liquid Waste Fund Sewer Maint- Water Pumps Mesa Consolidated Water Dist 45.00 7228 03/12/2010 Liquid Waste Fund Sewer Maint- Water Pumps Mesa Consolidated Water Dist 45.20 7228 03/12/2010 Liquid Waste Fund Sewer Maint- Water Pumps Mesa Consolidated Water Dist 40.00 Check Total: 178.01 7229 03/12/2010 Liquid Waste Fund Sewer Lateral Program #186 Nancy Ross 1,550.00 Check Total: 1,550.00 7230 03/12/2010 Liquid Waste Fund Misc Swr Wk#164 -Coot Svc National Plant Services, Inc. 700.00 Check Total: 700.00 7231 03/12/2010 Liquid Waste Fund Due to OCSD Orange County Sanitation Distr 56,610.98 Check Total: 56,610.98 7232 03/12/2010 Liquid Waste Fund Travel/MeaWLodging . Bob Ooten 16.00 Check Total: 16.00 7233 03/12/2010 Liquid Waste Fund Analysis of CCTV Results #182 Santa Ana Blue Print 291.98 AP - Checks for Approval ( 04 /08/2010 - 3:17 PM) Page 6 Check Nume Check Date Fund Name Account Name 0 Vendor Name Amount AP - Check Approval ( 04 /08/2010 - 3:17 PM ) -e 7 Check Total: 291.98 7234 03/12/2610 Liquid Waste Fund Sewer Maint -Staff Development SARBS - CWEA 125.00 7234 03/12/2010 Liquid Waste Fund Sewer Maint -Staff Development SARBS - CWEA 125.00 Check Total: 250.00 7235 03/12/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 257.28 7235 03/12/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 200.49 7235 03/12/2010 Liquid.Waste Fund Sewer Maint - Electric Pumps Southern California Edison 296.90 7235 03/12/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 69.60 7235 03/12/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 33.07 7235 03/12/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 65.50 7235 03/12/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 426.40 7235 03/12/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 80.04 7235 03/12/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 664.27 7235 03/12/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 87.50 7235 03/12/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 79.30 7235 03/12/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 125.07 7235 03112/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 53.01 7235 03/12/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 400.00 7235 03/12/2010 Liquid Waste Fund Sewer Maint- Electric Pumps Southern California Edison 330.04 7235 03/12/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 61.71 7235 03/12/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 283.51 7235 03/12/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 2,125.31 7235 03/12/2010 Solid Waste Fund Electric - Building Southern California Edison 50.49 7235 03/12/2010 Liquid Waste Fund Electric - Building Southern California Edison 454.38 Check Total: 6,143.87 7236 03/12/2010 Solid Waste Fund Travel/Meals/Lodging Arlene Schafer 1.50 7236 03/12/2010 Liquid Waste Fund Travel/Meals/L.odging Arlene Schafer 13.50 Check Total: 15.00 7237 03/12/2010 Liquid Waste Fund Life/AD &D Insurance Spec Dist Risk Mgt Authority 165.22 7237 03/12/2010 Liquid Waste Fund Dental Insurance Spec Dist Risk Mgt Authority 672.72 7237 03/12/2010 Liquid Waste Fund Long -Tenn Disability Spec Dist Risk Mgt Authority 329.76 7237 03/12/2010 Liquid Waste Fund Vision Insurance Spec Dist Risk Mgt Authority 29.36 7237 03/12/2010 Solid Waste Fund Benefits Admin Costs Spec Dist Risk Mgt Authority 3.28 . 7237 03/12/2010 Liquid Waste Fund Benefits Admin Costs Spec Dist Risk Mgt Authority 29.50 AP - Check Approval ( 04 /08/2010 - 3:17 PM ) -e 7 Check Nuu.oer Check Date Fund Name Account Name Vendor Name Amount Check Total: 1,229.84 7238 03/12/2010 Liquid Waste Fund Sewer Lateral Program #186 Sharon Carey 1,272.98 Check Total: 1,272.98 7239 03/12/2010 Solid Waste Fund Professional Services Technology Resource Cntr, Inc. 90.63 7239 03/12/2010 Liquid Waste Fund Professional Services Technology Resource Cntr, Inc. 815.62 7239 03/12/2010 Solid Waste Fund Professional Services Technology Resource Cntr, Inc. 90.63 7239 03/12/2010 Liquid Waste Fund Professional Services Technology Resource Cntr, Inc. 815.62 7239 03/12/2010 Solid Waste Fund Professional Services Technology Resource Cntr, Inc. 90.63 7239 03/12/2010 Liquid Waste Fund Professional Services Technology Resource Cntr, Inc. 815.62 7239 03/1 2/2010 Liquid Waste Fund Professional Services Technology Resource Cntr, Inc. 8,935.61 Check Total: 11,654.36 7240 03/12/2010 Solid Waste Fund Staff Development Kaitlin Tran 10.60 7240 03/12/2010 Liquid Waste Fund Staff Development Kaitlin Tran 95.40 Check Total: 106.00 7241 03/12/2010 Solid Waste Fund Building Maintenance Trimco Landscape 11.40 7241 03/12/2010 Liquid Waste Fund Building Maintenance Trimco Landscape 102.60 Check Total: 114.00 7242 .03/12/2010 Liquid Waste Fund Contract Services Underground Service Alert/SC 92.00 Check Total: 92.00 7243 03/12/2010 Liquid Waste Fund Deferred Compensation - 457 VantagePoint Transfer Agents 1,030.00 Check Total: 1,030.00 7244 03/12/2010 Liquid Waste Fund Deferred Medical -RHS- Employee VantagePoint Transfer Agents 338.71 7244 03/12/2010 Liquid Waste Fund Deferred Medical -RHS- Employee VantagePoint Transfer Agents 265.71 7244 03/12/2010 Liquid Waste Fund Deferred Medical -RHS- Employee VantagePoint Transfer Agents 73.00 Check Total: 677.42 7245 03/25/2010 Solid Waste Fund Building Maintenance 949 Storage 11.00 7245 03/25/2010 Liquid Waste Fund Building Maintenance 949 Storage 99.00 AP - Checks for Approval ( 04/08/2010 - 3:17 PM) Page 8 Check Nut Check Date Fund Name Account Name Vendor Name Amount Check Total: 110.00 7246 03/25/2010 Solid Waste Fund Office Supplies Ariel Supply 4.89 7246 03/25/2010 Liquid Waste Fund Office Supplies Ariel Supply 43.94 7248 03/25/20.10 Liquid Waste Fund Public InfoWConununity Promo Check Total: 48.83 7247 03/25/2010 Solid Waste Fund Telephone AT &T 21.53 7247 03/25/2010 Liquid Waste Fund Telephone AT &T 193.68 7247 03/25/2010 Solid Waste Fund Telephone AT &T 53.94 7247 03/25/2010 Liquid Waste Fund Telephone AT &T 485.40 Check Total: 754.55 7248 03/25/2010 Liquid Waste Fund Sewer Maint - Equipment Maint Bank of America 197.15 7248, 03/25/2010 Solid Waste Fund Public Info/Ed/Community Promo Bank of America 5.84 7248 03/25/20.10 Liquid Waste Fund Public InfoWConununity Promo Bank of America 52.56 7248 03/25/2010 Solid Waste Fund Travel/Meals/Lodging Bank of America 1.50 7248 03/25/2010 Liquid Waste Fund Travel/Meals/Lodging Bank of America 13.50 7248 03/25/2010 Solid Waste Fund Travel/Meals/L.odging Bank of America 12.36 7248 03/25/2010 Liquid Waste Fund Travel/Meals/Lodging Bank of America 111.22 7248 03/25/2010 Solid Waste Fund Office Supplies Bank of America 1.30 7248 03/25/2010 Liquid Waste Fund Office Supplies Bank of America 11.68 7248 03/25/2010 Liquid Waste Fund Sewer Maint- Equipment Maint Bank of America 27.31 7248 03/25/2010 Liquid Waste Fund Sewer Maint- Material/Supplies Bank of America 229.60 7248 03/25/2010 Liquid Waste Fund Sewer Maint- Material/Supplies Bank of America 56.99 7248 03/25/2010 Solid Waste Fund Travel/MealsQ.odging Bank of America 15.40 7248 03/25/2010 Liquid Waste Fund Travel/Meals/Lodging Bank of America 138.60 7248 03/25/2010 Solid Waste Fund Travel/Mealwl odging Bank of America 3.00 7248. 03/25/2010 Liquid Waste Fund Travel/Meals/L.odging Bank of America 27.00 7248 03/25/2010 Solid Waste Fund Travel/Meals/Lodging Bank of America 2.80 7248 03/25/2010 Liquid Waste Fund Travel/Meals/Lodging Bank of America 25.20 7248 03/25/2010 Solid Waste Fund Travel/Meals(L.odging Bank of America 8.20 7248 03/25/2010 Liquid Waste Fund Travel/Meals/Lodging Bank of America 73.80 7248 03/25/2010 Solid Waste Fund Travel/Meals/Lodging Bank of America 2.00 7248 03/25/2010 Liquid Waste Fund Travel/Meals/Lodging Bank of America 17.96 7248 03/25/2010 Solid Waste Fund Travel/Meals/Lodging Bank of America 2.00 7248 03/25/2010 Liquid Waste Fund Travel/Meals /Lodging Bank of America. 17.99 7248 03/25/2010 Solid Waste Fund Travel/Meals/Lodging Bank of America 4.72 7248 03/25/2010 Liquid Waste Fund Travel/Meals/Lodging Bank of America 42.48 7248 03/25/2010 Liquid Waste Fund Sewer Maint - Equipment Maint Bank of America 75.00 7248 03/25/2010 Solid Waste Fund Travel/Meals/Lodging Bank of America 2.20 7248 03/25/2010 Liquid Waste Fund Travel/Meals/Lodging Bank of America 19.80 AP - Check" Approval ( 04/08 /2010 - 3:17 PM c9 Check Nu Or Check Date Fund Name Account Name 0 Vendor Name Amount 7248 03/25/2010 Liquid Waste Fund Travel/Meals/Lodging Bank of America 60.00 7248 03/25/2010 Solid Waste Fund Building Maintenance Bank of America 8.64 7248 03/25/2010 Liquid Waste Fund Building Maintenance Bank of America 77.72 7248 03/25/2010 Liquid Waste Fund Sewer Maint - Equipment Maint Bank of America 91.08 7248 03/25/2010 Solid Waste Fund Travel/Meals/Lodging Bank of America 5.24 7248 03/25/2010 Liquid Waste Fund Travel/Meals/Lodging Bank of America 47.09 7248 03/25/2010 Liquid Waste Fund Sewer Maint- Equipment Maim Bank of America 231.94 7248 03/25/2010 Liquid Waste Fund Sewer Maint - Material /Supplies Bank of America 151.21 7248 03/25/2010 Solid Waste Fund Travel/Meals/Lodging Bank of America 22.50 7248 03/25/2010 Liquid Waste Fund Tmvel/Meals/Lodging Bank of America 202.50 7248 .03/25/2010 Solid Waste Fund Staff Development Bank of America 22.50 7248 03/25/2010 Solid Waste Fund Staff Development Bank of America 202.50 7248 03/25/2010 Liquid Waste Fund Sewer Maint - Equipment Maint Bank of America 11.53 7248 03/25/2010 Liquid Waste Fund Sewer Maint- Equipment Maint Bank of America 75.00 7248 03/25/2010 Liquid Waste Fund Postage Bank of America 8.34 7248 03/25/2010 Solid Waste Fund Tmvel/Meals/C.odging Bank of America 12.21 7248 03/25/2010 Liquid Waste Fund Travel/Meals/Lodging Bank of America 109.87 7248 03/25/2010 Solid Waste Fund Travel/Meals/Lodging Bank of America 24.72 7248 03/25/2010 Liquid Waste Fund Travel/Meals/Lodging Bank of America 222.44 Check Total: 2,786.19 7249 03/25/2010 Solid Waste Fund Staff Development Scott Carroll 9.67 7249 03/25/2010 Liquid Waste Fund Staff Development Scott Carroll 87.07 Check Total: 96.74 7250 03/25/2010 Liquid Waste Fund Sewer Lateral Program #186 Cheryl Cruz 1,212.50 Check Total: 1,212.50 7251 03/25/2010 Solid Waste Fund Trash Hauler Costa Mesa Disposal 196,786.16 Check Total: 196,786.16 7252 03/25/2010 Liquid Waste Fund Sewer Maint -Pump Stn Contract C&R Drains Inc. 132.00 Check Total: 132.00 7253 03/25/2010 Solid Waste Fund Office Supplies Cross Media Resources 16.97 7253 03/25/2010 Liquid Waste Fund Office Supplies Cross Media Resources 152.72 7253 03/25/2010 Solid Waste Fund Office Supplies Cross Media Resources 51.98 7253 03/25/2010 Liquid Waste Fund Office Supplies Cross Media Resources 467.83 7253 03/25/2010 Liquid Waste Fund Public Info/Ed/Community Promo Cross Media Resources 8,917.50 AP - Checks for Approval ( 04/08/2010 - 3:17 PM ) Page 10 Check Nuz Check Date Fund Name 7253 03/25/2010 Solid Waste Fund 7253 03/25/2010 Liquid Waste Fund 7253 03/25/2010 Solid Waste Fund 7253 03/25/2010 Liquid Waste Fund 7253 03/25/2010 Solid Waste Fund 7253 03/25/2010 Liquid Waste Fund 7254 03/25/2010 Solid Waste Fund 7254 03/25/2010 Solid Waste Fund 7254 03/25/2010 Solid Waste Fund Account Name Vendor Name MultiMed/Blueprint/Copies/Sub MultiMed/Blueprints/Copies /Sub MultiMedBlueprint/Copies/Sub MultiMed/Blueprints/Copies/Sub MultiMed/Blueprint/Copies/Sub MultiMedBlueprints/Copies/Sub Cross Media Resources Cross Media Resources Cross Media Resources Cross Media Resources Cross Media Resources Cross Media Resources Sharps Program Curbside, Inc. Household Hazardous Waste Curbside, Inc. Household Hazardous Waste Curbside, Inc. 7255 03/25/2010 Liquid Waste Fund Sewer Lateral Program #186 Edward Danielson 7256 . 03/25/2010 Facilities Revolving Fund District Yard 7257 03/25/2010 Solid Waste Fund 7257 03/25/2010 Liquid Waste Fund 7258 03/25/2010 Liquid Waste Fund 7258 03/25/2010 Liquid Waste Fund 7259 03/25/2010 Solid Waste Fund 7259 03/25/2010 Liquid Waste Fund 7259 03/25/2010 Solid Waste Fund 7259 03/25/2010 Liquid Waste Fund Postage Postage Sewer Maint- Water Pumps Sewer Maint- Water Pumps Equipment Maintenance Equipment Maintenance Equipment Maintenance Equipment Maintenance Enovity, Inc. MailFinance Inc. MailFinance Inc. Irvine Ranch Water District Irvine Ranch Water District Konica Minolta Bus Sol U.S.A., Konica Minolta Bus Sol U-.S.A., Konica Minolta Bus Sol U.S.A:, Konica Minolta Bus Sol U.S.A., Check Total: Check Total: Check Total: Check Total: Check Total: Check Total: WAmount 75.04 675.34 26.25 236.22 19.69 177.16 10,816.70 100.00 424.00 1,596.55 2,120.55 1,560.00 1,560.00 2,440.00 2,440.00 7.72 69.49 77.21 7.75 7.75 15.50 24.08 216.75 3.81 34.27 Check Total: 278.91 7260 03/25/2010 Solid Waste Fund Legal Services Liebert Cassidy Whitmore 165.70 7260 03/25/2010 Liquid Waste Fund Legal Services Liebert Cassidy Whitmore 1,491.30 AP - Check- - ` Approval ( 04 /08/2010 - 3:17 PM) Check Ni,.,�6er Check Date Fund Name Account Name 0 Vendor Name • Amount Check Total: 759.25 7269 03/25/2010 Solid Waste Fund Workers' Compensation Spec Dist Risk Mgt Authority 359.80 AP - Checks for Approval ( 04/08/2010 - 3:17 PM) Page 12 Check Total: 1,657.00 7261 03/25/2010 Liquid Waste Fund Sewer Maint- Water Pumps Mesa Consolidated Water Dist 16.00 7261 03/25/2010. Liquid Waste Fund Sewer Maint- Water Pumps Mesa Consolidated Water Dist 16.00 Check Total: 32.00 7262 03/25/2010 Solid Waste Fund Prof Membership/Dues National User Group 5.00 7262 03/25/2010 Liquid Waste Fund Prof Membership/Dues National User Group 45.00 Check Total: 50.00 7263 03/25/2010 Solid Waste Fund MultiMedBlueprint/Copies/Sub The Orange County Register 1.42 7263 03/25/2010 Liquid Waste Fund MultiMed/Blueprints/Copies/Sub The Orange County Register 12.73 Check Total: 14.15 7264 03/25/2010 Solid Waste Fund Recycling Grant AB 939 ORBIS Corporation 2,972.27 7264 03/25/2010 Solid Waste Fund Recycling Grant AB 939 ORBIS Corporation 13,209.86 Check Total: 16,182.13 7265 03/25/2010 Solid Waste Fund MultiMed/Blueprint/Copies /Sub . United States Postmaster 18.50 7265 03/25/2010 Liquid Waste Fund MultiMedBlueprints/Copies/Sub United States Postmaster 166.50 Check Total: 185.00 7266 03/25/2010 Liquid Waste Fund Sewer Lateral Program #186 Robert Stefano 150.00 Check Total: 150.00 7267 03/25/2010 Facilities Revolving Fund District Yard Robert Thorton Architects, Inc 2,836.85 7267 03/25/2010 Facilities Revolving Fund District Yard Robert Thorton Architects, Inc 6,599.27 7267 03/25/2010 Facilities Revolving Fund District Yard Robert Thorton Architects, Inc 3,927.23 Check Total: 13,363.35 .7268 03/25/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 759.25 Check Total: 759.25 7269 03/25/2010 Solid Waste Fund Workers' Compensation Spec Dist Risk Mgt Authority 359.80 AP - Checks for Approval ( 04/08/2010 - 3:17 PM) Page 12 Check Nu ®r Check Date Fund Name Account Name Vendor Name i Amount 7269 03/25/2010 Liquid Waste Fund Workers' Compensation Spec Dist Risk Mgt Authority 683.62 7269 03/25/2010 Liquid Waste Fund Swr Maint - Workers Comp Spec Dist Risk Mgt Authority 2,554.58 Check Total: 7273 03/25/2010 Check Total: 3,598.00 7270 03/25/2010 Solid Waste Fund Sharps Program Stericycle 279.04 7270 03/25/2016 Solid Waste Fund Sharps Program Stericycle 267.85 7270 03/25/2010 Solid Waste Fund Sharps Program Stericycle 341.34 Check Total: 7271 03/25/2010 Liquid Waste Fund Deferred Compensation - 457 VantagePoint Transfer Agents Check Total: 7272 03/25/2010 Liquid Waste Fund Deferred Medical -RHS- Employee VantagePoint Transfer Agents 7272 03/25/2010 Liquid Waste Fund Deferred Medical -RHS- Employee VantagePoint Transfer Agents 7272 03/25/2010 Liquid Waste Fund Deferred Medical -RHS- Employee VantagePoint Transfer Agents Check Total: 7273 03/25/2010 Liquid Waste Fund Misc Swr Wk# 164 -Cont Svc Walters Wholesale Electric Co. Check Total: 7281 03/29/2010 Liquid Waste Fund Sewer Lateral Program #186 William Gordon Check Total: 7282 03/31/2010 Facilities Revolving Fund District Yard The Gas Company Check Total: Report Total: 1,030.00 1,030.00 339.71 265.71 74.00 679.42 110.93 110.93 1,800.00 1,800.00 1,905.54 1,905.54 1,027,898.42 AP - Check Approval ( 04/08/2010 - 3:17 PM) ' 'e 13 Meeting Date Item Number 04/22/10 VI. D. 2. COSTA MESA SANITAR,Y DI,p7'RIC7 Memorandum To: Board of Directors Via: Scott Carroll, General Manager From: Marc Davis, District Tre rer Date: April 22, 2010 ..... an Independent Special District Subject: Investment Report for the Month of March 2010 Summary Attached is the Treasurer's Report for the month of March 2010. As required by the District's Statement of Investment Policy, the Treasurer's report delineates all investment activities during the month. Staff Recommendation Approve the Treasurer's Report for the month of March 2010. Analysis This report lists the types of securities held in the District's portfolio, the institutions from which the securities were purchased, maturity dates and interest rates as of March 31, 2010. The District's investments are in compliance with the Statement of Investment Policy adopted by the Board at the July 23, 2009 regular meeting, as well as the California Government Code. The market values in this report were provided by our third party custodian, Bank of New York, except for the Local Agency Investment Fund (LAIF). The market value of LAIF was provided by the State Treasurer's Office. It does not represent the value of the underlying securities within the pool, but rather the par or cost amount, which is the amount the District, is entitled to withdraw. This reporting practice is consistent with industry standard practices for similar funds. Board of Directors April 22, 2010 Page 2 of 2 The weighted average stated rate of return (current yield) for the District's investment portfolio as of March 31, 2010, was 1.483 %. The yield to maturity of the portfolio was 1.488 %. The District's weighted average interest rate was 94 basis points (0.936 %) above the daily effective yield of LAIF, which was 0.547% as of March 31, 2010. The weighted average number of days to maturity for the District's total portfolio was 558 days (1.53 years). The average duration of the underlying securities in LAIF as of March 31, 2010, which is the most current information available, was 213 days. The District's investment portfolio is in compliance with its liquidity limitations, which requires that a minimum of 20.00% of the portfolio must mature within one year. The percentage of the portfolio maturing in less than one year as of March 31, 2010 was 68.22 %. As of March 31, 2010, the District has adequate operating reserves necessary to meet its obligations for the next six months. Legal Review Legal review is not required. Financial Review The portfolio was budgeted to earn an average of 2.00% for the year ending June 30, 2010. The earnings on the portfolio fell below 2.00% in October 2009. As discussed with the Board in December 2009, total investment earnings are projected to fall short of the budget by approximately $8,000. Committee Recommendation Review of Investment Oversight Committee is not required. Public Notice Process Copies of this report'are on file with the entire agenda packet at District Headquarters. Alternative Actions 1. Refer the matter back to staff 2 COSTA MESA SANITARY DISTRICT Treasurer's Report of Pooled Cash and Investments as of March 31, 2010 Active Accounts Bank of America " Reconciling Items Total Active Accounts Investments Local Agency Investment Fund Money Market/Sweep Account Federal Agency Securities Total Investments Total Pooled Cash & Investments CMSD Solid Waste Activities CMSD Liquid Waste Activities Total Pooled Cash & Investments Bank Balance $ 60,967.31 60,967.31 Market Value $ 7,277,142.33 85,344.87 6,503,258.75 13,865,745.95 $ 13,926,713.26 Deposits In Transits 27,906.61 27,906.61 Outstanding Checks 216,638.39 L1 b,b ;Jd.:iy Market Adiustment Increase Decrease 5,758.75 - 5,758.75 $ 27,906.61 $ 222,397.14 Costa Mesa Sanitary District Pooled Cash and Investments by Fund as of March 31, 2010 Marcus D. Davis Treasurer /Director of Finance 3 April 13, 2010 Date Book Balance $ . (155,671.08) 27,906.61 (127,764.47) Cost $ 7,277,142.33 85,344.87 6,497,500.00 13,859,987.20 $ 13,732,222.73 $ 4,110,621.22 9,621,601.51 $ 13,732,222.73 COSTA MESA SANITARY DISTRICT Investment Activity Summary as of March 31, 2010 Total investments outstanding as of February 28, 2010 Additions: Gain on Sale of Investment: . Investment Purchases: Deductions: Investment Maturity /Sale Proceeds: Loss on Sale of Investment: Investments Called: Net increase (decrease) in Sweep Account Net increase (decrease) in LAIF Total investments outstanding as of March 31, 2010 4 $ 14,149,973.21 1,000,000.00 (999,986.01) (290,000.00) $ 13,859,987.20 COSTA MESA SANITARY DISTRICT Investment and Investment Earnings as of March 31, 2010 * *Represents the LAIF daily rate at 3/31/10 R $ 13,859,987.20 $ 35,324.30 Comments Interest CUSIP Purchase Maturity Coupon Investment Earned at Number Investment Date Date Rate Cost 03/31/10 n/a Local Agency Investment Fund. n/a n/a 0.547% $ 7,277,142.33 n/a n/a Bank of New York -Sweep Acct n/a n/a 0.010% 85,344.87 n/a 3133XRGZ7 Federal Home Loan Bank 06/24/08 06/24/11 3.550% 1,000,000.00 9,565.27 3133XUY56 Federal Home Loan Bank 10/09/09 10/09/13 2.700% 1,000,000.00 12,900.00 3133XWBA6 Federal Home Loan Bank 12/22/09 06/22/12 1.500% 999,500.00 4,125.00 3133XWCG2 Federal Home Loan Bank 12/24/09 12/24/13 2.550% 500,000.00 3,435.42 3128X9ZR4 Federal Home Loan Mortgage 02/25/10 02/25/15 3.000% 999,000.00 3,000.00 3133XX2W6 Federal Home Loan Bank 02/26/10 11/26/13 2.300% 999,000.00 2,236.11 3136FMGJ7 Federal National Mortgage Assn 03/30/10 12/30/13 2.250% 1,000,000.00 62.50 * *Represents the LAIF daily rate at 3/31/10 R $ 13,859,987.20 $ 35,324.30 Comments COSTA MESA SANITARY DISTRICT Summary of Policy Limitations as of March 31, 2010 Description U.S. Treasury Bills U.S. Treasury Notes Federal Agency Issues: FICB FLB FHLB FHLMC FNMA FFCB Other Banker's Acceptances Certificates of Deposit Negotiable Certificates of Deposits Commercial Paper Medium Term Corporate Notes LAIF (Local Agency Investment Fund) Shares of Benefical Interest Money Market/Mutual Funds (Sweep Acct) Total . % of portfolio maturing under one year % of portfolio maturing over one year Current % of Market Value 03/31/10 Maximum % 0.00% UNLIMITED 0.00% UNLIMITED 0.00% UNLIMITED 0.00% UNLIMITED 32.50% UNLIMITED 7.21% UNLIMITED 7.19% UNLIMITED 0.00% UNLIMITED 0.00% UNLIMITED 0.00% 25%(1) 0.00% 25% 0.00% 25%(1) 0.00% 25%(1) 0.00% 20%(1) 52.48% 40,000,000.00 0.00% 20% 0.62% 10% per fund (2) 100.00% 53.10% no less than 20% 46.90% 100.00% (1) Further limited to 10% in any single issuer (2) Also limited to 20% in total. *These securities are not considered for purchases: SBA, GNMA, TVA and SALLIEMAE A "Represents the LAIF daily rate at 3/31/10 7 Comments POOL SWEEP FHLB FHLB FHLB FHLB FHLB FHLMC FNMA COSTA MESA SANITARY DISTRICT Schedule of Investments by Instrument Type as of March 31, 2010 Purchase Maturity Coupon Investment % of Market % of Description Broker /Dealer Date Date Rate Cost Portfolio Value Portfolio State Treasurer's Pool LAIF n/a Continuous 0.547% $ 7,277,142.33 $ 7,277,142.33 7,277,142.33 52.50% 7,277,142.33 52.48% Money Market Mutual Fund Bank of New York n/a Continuous 0.010% 85,344.87 85,344.87 85,344.87 0.62% 85,344.87 0.62% Federal Home Loan Bank Morgan Stanley 06/24/08 06/24/11 3.550% 1,000,000.00 1,007,187.50 Federal Home Loan Bank Union Banc 10/09/09 10/09/13 2.700% 1,000,000.00 1,000,625.00 Federal Home Loan Bank Union Banc 12/22/09 06/22/12 1.500% 999,500.00 999,062.50 Federal Home Loan Bank Union Banc 12/24/09 12/24/13 2.550% 500,000.00 499,218.75 Federal Home Loan Bank Union Banc 02/26/10 11/26/13 2.300% 999,000.00 1,000,312.50 4,498,500.00 32.46% 4,506,406.25 32.50% Federal Home Loan Mortgage Union Banc 02/25/10 02/25/15 3.000% 999,000.00 1,000,290.00 999,000.00 7.21% 1,000,290.00 7.21% Federal National Mortgage Assn Wedbush Morgan 03/30/10 12/30/13 2.250% 1,000,000.00 996,562.50 1,000,000.00 7.22% 996,562.50 7.19% Total Investments $ 13,859,987.20 100.00% $ 13,865,745.95 100.00% "Represents the LAIF daily rate at 3/31/10 7 Comments POOL SWEEP FHLB FHLB FHLB FHLB FHLB FHLMC FNMA Broker /Dealer Local Agency Investment Fund Bank of New York Morgan Stanley Union Banc Union Banc Union Banc Union Banc Union Banc Wedbush Morgan Total Investment Portfolio Total Portfolio Weighted Avg Interest Rate Weighted Avg Yield to Maturity Weighted Avg Days to Maturity COSTA MESA SANITARY DISTRICT Investment Portfolio as of March 31, 2010 Investment Purchase Maturity Days to Coupon Yield to Investment Type Date Date Maturity Rate Maturity Cost Pool 1 0.547% ** 0.547% $ 7,277,142.33 Sweep 1 0.010% 0.010% 85,344.87 FHLB 06/24/08 06/24/11 450 3.550% 3.550% 1,000,000.00 FHLB 10/09/09 10/09/13 1,288 2.700% 2.700% 1,000,000.00 FHLB 12/22/09 06/22/12 814 1.500% 1.520% 999,500.00 FHLB 12/24/09 12/24/13 1,364 2.550%. 2.560% 500,000.00 FHLMC 02/25/10 02/25/15 1,792 3.000% 3.022% 999,000.00 FHLB .02/26/10 11/26/13 1,336 2.300% 2.328% 999,000.00 FNMA 03/30/10 12/30/13 1,370 2.250 % 2.250% 1,000,000.00 "Represents the LAIF daily rate at 3/31/10 1.483% 1.488% 558 Days 1.53 Years 8 $ 13,859,987.20 COSTA MESA SANITARY DISTRICT For all Maturities with Market Values as of March 31, 2010 "Represents the LAIF daily rate at 3/31/10 D Net Purchase Maturity Intuition Investment Coupon Investment Market Accrued Gain /(Loss) Date Date Broker /Dealer Type Par Rate Cost Value Interest If Sold n/a Continuous LAIF POOL $ 7,277,142.33 0.547% 7,277,142.33 7,277,142.33 - n/a Continuous Bank of New York SWEEP 85,344.87 0.010% 85,344.87 85,344.87 - - 06/24/08 06/24/11 Morgan Stanley FHLB 1,000,000.00 3.550% 1,000,000.00 1,007,187.50 9,565.27 7,187.50 10/09/09 10/09/13 Union Banc FHLB 1,000,000.00 2.700% 1,000,000.00 1,000,625.00 12,900.00 625.00 12/22/09 06/22/12 Union Banc FHLB 1,000,000.00 1.500% 999,500.00 999,062.50 4,125.00 (437.50) 12/24/09 06/24/13 Union Banc FHLB 500,000.00 2.550% 500,000.00 499,218.75 3,435.42 (781.25) 02/25/10 02/25/15 Union Banc FHLMC 1,000,000.00 3.000% 999,000.00 1,000,290.00 3,000.00 1,290.00 02/26/10 11/26/13 Union Banc FHLB 1,000,000.00 2.300% 999,000.00 1,000,312.50 2,236.11 1,312.50 03/30/10 12/30/13 Wedbush Morgan FNMA 1,000,000.00 2.250% 1,000,000.00 996,562.50 62.50 (3,437.50) Total Investments $13,862,487.20 13,859,987.20 13,865,745.95 35,324.30 5,758.75 "Represents the LAIF daily rate at 3/31/10 D COSTA MESA SANITARY DISTRICT Call Schedule as of March 31, 2010 Type of Purchase Maturity Coupon 1,000,000.00 Investment Date Date Rate Par Value FHLB 06/24/08 06/24/11 3.550% 1,000,000.00 FHLB 10/09/09 10/09/13 2.700% 1,000,000.00 FHLB 12/22/09 06/22/12 1.500% 1,000,000.00 FHLB 12/24/09 12/24/13 2.550% 500,000.00 FHLMC 02/25/10 02/25/15 3.000% 1,000,000.00 FHLB 02/26/10 11/26/13 2.300% 1,000,000.00 FNMA 03/30/10 12/30/13 2.250% 1,000,000.00 $ 6,500,000.00 Investment Cost Call Features 1,000,000.00 Callable 6/24/10 w/ 5 days notice. 1,000,000.00 Callable 4/9/10 and anytime after w/5 days notice. 999,500.00 Callable 3/22/10 and anytime after w/5 days notice. 500,000.00 Callable 6/24/10 and anytime after w/5 days notice. 999,000.00 Callable 5/25/10 w/5 days notice, thenafter 2,5,8,11 999,000.00 Callable 5/26/10 w/5 days notice, thenafter 5,11 1,000,000.00 Callable 12/30/10 w /10 days notice 6,497,500.00 10 11 COSTA MESA SANITARY DISTRICT - MATURITIES DISTRIBUTION as of March 31, 2010 70% ----------------------------- _---------------------- - - - - -- Cost In Thousands 12% ------------------- 50%-- - - - - -- 1 -180 Days $ 7,362 40% ------------------------- 181 - 365 Days 1,000 --- 25.25 % 30%---- o °° ' %- - _ -- 1 - 2 Years - 20 °i° -- - - - - -- - - - - -- 2- 3Years 999 7.22% 7.21% 7.21% ---- - - - - -- - - - - -- 3- 4Years 3,499 ° 10 /° 0.00% 4 - 5 Years 2,000 1 - 180 181- 1 - 2 2 - 3 3 - 4 4 - 5 TOTAL $ 14,860 Days 365 Years Years Years Years Days 11 i 3.00% 2.50% 2.00% 1.50% 1.00% 0.50% I 0.00% Opp Opp OQp Costa Mesa Sanitary District Yield Curve Data as of March 31, 2010 7T p°� p0 p0 p0 p0 Q0 Qp p0 p0 p0 p0 p0 Qp Q0 p0 p0 pp ,�O ,�O ,�O ,�O ,`O ,�O ,�O O O O O O O O O O O O O O O O O O O O O O O O O 12 3 month T -Bill 6 month T -Bill 2 year T -Note 3 year T -Note 5 year T -Note - -CMSD- monthly -LAIF- monthly OC Pool - monthly) I,7 i i 7T p°� p0 p0 p0 p0 Q0 Qp p0 p0 p0 p0 p0 Qp Q0 p0 p0 pp ,�O ,�O ,�O ,�O ,`O ,�O ,�O O O O O O O O O O O O O O O O O O O O O O O O O 12 3 month T -Bill 6 month T -Bill 2 year T -Note 3 year T -Note 5 year T -Note - -CMSD- monthly -LAIF- monthly OC Pool - monthly) Meeting Date Item Number 04/22/10 IX. A. To: Board of Directors From: Scoff Carroll, General Manage Date: April 22, 2010 Subject: Stericycle Summary ..:an Independent Specia(Dishict Stericycle offers a program where they will pick up and dispose of used hypodermic needles at local pharmacies. .Several years ago, the District and Stericycle were at odds over the agreement between both agencies to continue to provide the services. Stericycle wanted the District to sign their standard agreement form. When the District refused, Stericycle went to the pharmacies themselves and had the pharmacies sign the agreement. Stericycle sends the District the invoices for rendered services and the District has been paying those invoices even though the agreement is between Stericycle and the pharmacies. Staff Recommendation That the Board of Directors direct staff to coordinate a cease and desist of services between Stericycle and Stevens and White Front Pharmacies, discontinue paying Stericycle invoices, and solicit bids from other vendors who are qualified to perform a Sharps Program. Analysis Stericycle has been providing the District's Sharps program for many years where they will pick up and dispose used hypodermic needles free of charge' to the public. The program was a three party program where Stericycle and the District would enter into an agreement to provide the service and then the District would find private pharmaceutical businesses to volunteer as drop -off points for the program. Currently, White Front Pharmacy (801 Baker Street), Steven's Pharmacy (1525 Mesa Verde Drive), and Rite Aid Pharmacy (3029 Harbor Blvd) participate in the District's Sharps Program. Protecting our community's health and the environment by providing solid waste andsewer collection services. www.cnudcagov % y Board of Directors April 22, 2010 Paqe 2 of 3 Several years ago, the District and Stericycle came at odds with each other when the District refused to sign Stericycle standard form of agreement. It is good practice not to sign private vendor's standard agreements because these types of agreements are written by their attorneys in the interest of protecting private vendors. These agreements can expose the District to certain liabilities. When the District refused to sign Stericycle's agreement, Stericycle went directly to the pharmacies mentioned above and had them sign the agreement. Stericycle's agreement with Steven's Pharmacy began in November 2007 and expires in October 2010 and their agreement with White Front Pharmacy began in September 2008 and expires in September 2011. The District, nor Stericycle, has an agreement with Rite Aid, but services continued and the District paid Stericycle invoices. Because there is no agreement at Rite Aid, I directed staff to contact Stericycle to discontinue their services at Rite Aid. I have concerns that the District will be liable if someone at Rite Aid got pricked by a used hypodermic needle. The District has all along been paying Stericycle's invoices even though we do not have an agreement with them, nor are we obligated to pay the invoices. If we encourage Stevens and White Front to terminate their contract, Stericycle has the right to recover 50% of the average charges to the District multiplied by the number of months remaining on the contract. Staff estimates the cost for Stevens to terminate the agreement will be approximately $1,702.35 while the cost for White Front will be $3,351.86. I believe there are three options you can consider tonight. They are: 1. Continue status quo by paying Stericycle invoices. Instruct Steven's and White Front Pharmacies that when the contracts expire do hot sign any extensions, amendments and /or new agreements with Stericycle. Direct staff to solicit bids from other vendors who are qualified to perform a Sharps Program. 2. Pay Stericycle the costs for terminating the contracts with Stevens and White Front Pharmacies then direct staff to solicit bids from other vendors who are qualified to perform a Sharps Program. 3. Direct staff to coordinate a cease and desist of services between Stericycle and Stevens and White Front Pharmacies, discontinue paying Stericycle invoices, and solicit bids from other vendors who are qualified to perform a Sharps Program (Stevens and White Front may decide to discontinue offering their stores at a drop -off site in which case the District would have to find other pharmacies who are willing to participate in the program). Stevens and White Front will be responsible for paying any outstanding balances. Currently, Steven's outstanding balance to Stericycle is $802.35 and White Front outstanding balance is $951.86. Board of Directors April 22, 2010 Paae 3 of 3 I am recommending option number three. I realize that option three is a difficult decision to make because we encouraged Stevens and White Front to participate in the program and now it may appear we are abandoning them, but they should have known better than to sign the agreement or at the very least they should have contacted the District before signing anything (it is unknown if they tried contacting former District staff Denise Gilbert). My concern is the District's liability exposure. For instance, if someone from the public got pricked by a dirty needle and as a result caught.a disease such as hepatitis B or C or HIV the District would be liable because we are paying the bills. If we had Stericycle sign a District standard form of agreement, our liability would be greatly reduced. Legal Review None at this time; however, legal review will be required if the District enters into an agreement with another vendor to provide services for a Sharps Program. Financial Review Option one the estimated cost is $8,354 through September 2011. Option two the estimated cost is $5,054.21. Option three there is no cost to the District because the District is under no legal obligation to pay Stericycle invoices under the agreement between Stericycle and White Front and Steven's Pharmacies. Committee Recommendation Not applicable Public Notice Process Copies of this report are on file with the entire agenda packet at District Headquarters. Alternative Actions 1. Consider one of the options mentioned above. 2. Refer the matter back to staff. Meeting Date_ Item Number 04/22110 IX. B. COSTA ME Ss1 S�([TyDis"icT � Memorandum To: Board of Directors From: Scott Carroll, General Manager Date: April 22, 2010 Subject: Letter of Support for AB 2407 Summary ... an Independent Special Distl ict Currently, south Orange County cities are under the jurisdiction of the San Diego Regional Water Quality Control Board. The proposed legislation would realign the San Diego and Santa Ana Regional Water Quality Control Board boundaries to allow the south Orange County cities to be under the Santa Ana regional jurisdiction. Staff Recommendation That the Board of Directors approves the attached support letter and directs staff to mail said letter to the bill's author and to the Districts state legislators. Analysis At present, the regional water control board boundaries result in Orange County being divided between the Santa Ana and San Diego regions. For years, regional . water quality control boards have been split along watersheds, which may have worked well when south Orange County was rural and the majority of the population was in the north. In like manner, north San Diego County was much less populous at the time of the division. However, over the past 20 years, both areas have grown and the stresses created by the split governance system is time consuming, confusing, and costly. The problems for Orange County are numerous, not the least of which is the geographic separation from the meetings held near downtown San Diego, creating inconvenience and cost for public officials and staff wishing to testify for the allowed three minutes at the hearings. This split also means that portions of the County are governed by different water quality control plans, objectives, monitoring and assessment programs, and water quality management programs. Protecting our community's health and the environment by providing solid waste and sewer collection services. www.crosdcagov t Board of Directors April 22, 2010 Paae 2 of 2 The lack of consistency in water quality regulations and programs throughout the County has been an ongoing challenge due to the fact that several cities and the County must deal with two significantly differing NPDES permits within their borders. The County of Orange has precedence over permits and thus must comply with two sets of compliance regulations, adding significant cost and confusion. Streamlining the operations of our County under one water - quality governance will ensure that all local governments within the County are managed under the same set of criteria, and with the same understanding of the issues, both environmental and financial. It is estimated that this bill would be a cumulative cost savings for all south Orange County cities and the County, who are currently in the San Diego region, of more than $13 million during the 5 -year NPDES Permit term, simply by realigning to the Santa Ana RWQCB jurisdiction under the newly adopted Santa Ana RWQCB NPDES permit. From the regional board standpoint, processing should be streamlined as well. Long term, it will also reduce costs by eliminating the need for separate, special south Orange County Permits. This approach should save the regional boards' time, effort and processing dollars, and provide relief to the agencies and those that rely on their efforts. Legal Review Not applicable Financial Review This is no financial impact for drafting and mailing the support letter. Committee Recommendation Not applicable Public Notice Process Copies of this report are on file with the entire agenda packet at District Headquarters. Alternative Actions 1. Refer the matter back to staff 2. Oppose AB 2407 and direct staff to send an opposition letter. Attachment: Support Letter t t COO - 1.es ca.� tom. t I c t Costa ttA1�� an IYlbepenbent Special District Board of Directors Arlene Schafer Robert Ooten Gary Monahan Arthur Perri, James Ferryman Staff Scott C Carroll General Manager Robin B. Hamers District Engineer (949) 631 -1731 Joan Revak •Office Manager •k of the District Alan R. Burns Legal Counsel Marcus D. Davis Treasurer Phone (949) 645 -8400 Flax (949) 650-2253 Address 628 JY 19th Street Costa Alesa, CA 92627-2716 • Printed on Recycled Paper April 22, 2010 The Honorable Diane Harkey California State Assembly State Capitol, Room 4177 Sacramento, CA 95814 Subject: AB 2407.(Harkey) Water Board Boundaries — Support Dear Assemblymember Harkey: The Costa Mesa Sanitary District (CMSD) was formed in 1944 under the Sanitary District Act of 1923 and its boundaries encompass all of the City of Costa Mesa and portions of Newport Beach and unincorporated Orange County. The District is responsible for residential trash collection, recycling and education and provides liquid waste collection and transmission to Orange County Sanitation District treatment plants. The CMSD supports AB 2407 (Harkey). This bill would modify the existing boundaries of the Santa Ana and San Diego Regional Water Control Boards so that all of Orange County is included within the Santa Ana region. Existing law establishes nine Regional Water Quality Control Boards within California. Additionally, current law defines the boundaries of the nine regions. The regional water control board boundaries result in Orange County being divided between the Santa Ana and San Diego regions. This split means that portions of the County are governed by different Water Quality Control Plans, water quality objectives, monitoring and assessment programs, and water quality management programs. This bill would redefine the Santa Ana Region as that which comprises all basins draining into the Pacific Ocean between the southeasterly boundary of the Los Angeles region and northern boundary of the San Diego region. For this reason we support AB 2407 (Harkey). Sincerely, Arlene Schafer President Pwtedi" our commirtiaN's 1 and tbe envi►nnme d 6T prauiding solid waste and sewer coQection serukK www.crosbca.gov H Meeting Date Item Number 04/22/10 ix. C. COSTA MESA SAN, TART Di SqRKT Memorandum To: Board of Directors From: Scott Carroll, General Manager Date: April 22, 2010 Subject: Letter of Support for AB 2182 Summary ... an Independent Special District Irvine Ranch Water District (IRWD) and the North Bay Watershed Association (NBWA) are co- sponsoring a bill from Assembly member Jared Huffman (6th District) that will allow public agencies to fund private septic to sewer conversions and lateral replacements. Staff believes this bill, if passed, could benefit the District and is recommending the Board of Directors support this bill by sending a letter of support to the bill's author and to the District's state representative, Senator Harman and Assemblyman Van Tran. Staff Recommendation That the Board of Directors approves the attached support letter and directs staff to mail said letter to the bill's author and to the Districts state legislators. Analysis The proposed legislation will assist private property owners to converting from septic systems to sanitary sewer systems and with the replacement of aging private sewer laterals that are already served by a community sewer system. Under the proposal, property owners within a.designated area would choose to assess themselves for the cost of designated on -site facilities — in this case sewer conversions and private sewer lateral replacements. The local government would then provide the up -front funds for the project, and the property owners would pay an annual assessment until those funds, plus interest, are repaid. The underlying purpose of the bill is to create a means by which the following can occur: Protecting our community's health and the environment by providing solid waste andsewer collection services. www.crosdcagov U1 Board of Directors April 22, 2010 Paqe 2 of 3 ■ Projects on private property that provide both a public and private benefit can be financed without imposing costs on property owners in other parts of the service area. ■ Property owners, in agreement with the local agency, can voluntarily finance costly but necessary sewer conversion and lateral replacement improvements on their property over time. The costs to customers of converting their septic systems to a community sewer system, or for replacing aging sewer laterals, are often prohibitive, costing $2,000 to $14,000 for septic conversions and $3,000 to $12,000 for laterals. If pumps or pump replacements are needed, this can be an additional $10,000. Sewer conversions costs may include, but are not limited to, the clean -up and removal or abandonment of the septic system as well as costs of building the facilities needed to connect to the community sewer system - laterals, grinder pumps, etc. Overtime, septic systems and private sewer laterals can become damaged and blocked, leading to leaking of wastewater into the ground, potentially threatening water quality and public health and safety. Additionally, damaged laterals can contribute to sewage blockages and backups in the public system. Providing additional options for the financing these important projects is vital to water quality and public health protection in our communities. This bill, if passed, could benefit the District. Currently, there are three properties within the District that are still on septic systems and there are few more properties that have private pumps. Furthermore, this bill could enhance the District's Sewer Lateral Assistance Program by giving property owners another option to finance improving their sewer laterals. Legal Review Not applicable Financial Review This is no financial impact for drafting and mailing the support letter. Committee Recommendation Not applicable Public Notice Process Copies of this report are on file with the entire agenda packet at District Headquarters. Board of Directors April 22, 2010 Page 3 of 3 Alternative Actions 1. Refer the matter back to staff 2. Oppose AB 2182 and direct staff to send an opposition letter. Attachment: Support Letter I Z44 AL Mosul n taq nct ... an Inbepenbent Special District \�pRpUR ATtiQ4 Board of Directors Arlene SehaJer Robert Doter, Gary :Monahan, Arthur Fhrry. James !'er•nnnon ,Staff' Scott C. Carroll Geneiul Manager Robin B. Hangers ,., strict Engineer (949,' 63.1 -7731 loin, Revel;- (7ffrce Alanuaer• ®r•k o6he Disir•icl Alain R. Burns Legal Counsel A4arc•ur DJ Davis r ea.,at-er• • Phone ( 949) 645 -84021 1. "4 Arlclress Costs? Alesa, CA 9'_6''-2%16 et 041, 10 Pr in ted Recycled sled Paper April 14, 2010 The Honorable Jared Huffman California State Assembly State Capitol, Room 3120 Sacramento, CA 94249 Subject: AB 2182 (Huffman): SUPPORT Dear Assembly Member Huffman: On behalf of the Costa Mesa Sanitary District, I am pleased to write in strong support of your AB 2182 (Huffman), which would create contractual assessment authority for the installation of onsite sewer improvements. The conversion of septic systems to sanitary sewer systems and the replacing of aging and faulty sewer laterals are critical to protecting water quality and public health and safety in our communities. This legislation would provide local governments with additional options for willing property owners who need financing for necessary infrastructure and upgrades on their property. AB 2182 would provide real benefits to communities in our state. The Costa Mesa Sanitary District's Residential Sewer Lateral Assistance Program was designed to encourage homeowners to regularly clean'and maintain their sewer lateral lines. Financial assistance is a strong motivator. The District will pay residents 50% of all costs associated with cleaning, repair, lining, replacement or installation of a cleanout up to $1,800. The costs to private property owners for conversion from septic to a community sewer system or for replacing aging sewer laterals are often prohibitive. Sewer conversions include the clean -up and removal or abandonment of the septic system as well as costs of building the facilities needed to connect to the community sewer system — laterals that transport wastewater to the public sewer main, grinder pumps, etc. Over time, septic systems and private sewer laterals can become damaged and blocked, and wastewater may leak into the ground, potentially threatening water quality and public health and safety. Additionally, damaged laterals can contribute to sewage blockages and backups in the public system. Depending on the characteristics of the area and the property and facilities needed, sewer conversion costs can range from $2,000 to $14,000 and lateral replacement costs can range from $3,000 to $12,000. If pumps or pump replacements are needed, this can be an additional $10,000. Under the authority in AB 2182, the property owners within a designated area may individually choose to assess themselves for the cost of designated onsite sewer improvements. The local government then provides the up -front funding for the project and the property owners pay an annual assessment through their property tax bill until those funds, plus interest, are repaid. it n,w.cros6ca.9ov I r i', • aGC ba oa Mes Sant arN an I nt Svecial DistYict. AB 2182 (Huffman) will encourage property owners to convert from septic systems to community sewer systems and to replace failing private sewer laterals to protect water quality and public health and safety. For this reason, we strongly support this measure. If we can be of further assistance, please do not hesitate to contact me at (949) 645 -8400. Thank you for your leadership on this important issue. Sincerely, Arlene Schafer President cc: The Honorable Cameron Smyth, Chair, Assembly Local Government Committee The Honorable Members, Assembly Local Government Committee Katie Kolitsos, Chief Consultant, Assembly Local Government Committee William Weber, Assembly Republican Caucus Curt Augustine, Office of the Governor Y7'Otectiq our COYV MR)Iiq)'S fy,(4 1) f�) p7t7'vibii g sofib waste mtb sewer et4f e.ci.7Ci" sefvite .- ��'f��cj.c»1s�)cAa.yrry • Meeting Date Item Number 04/22/10 X. A. COSTA MESA SANITARY DISTRICT RECYCLING COMMITTEE AGENDA Monday, April 19, 2010 12:00 p.m. Costa Mesa Sanitary District 628 W. 19th Street Costa Mesa, California (Directors Ooten and Perry) I. Recycling Committee Goals for 2009 -2010 H. Orange County Waste & Recycling Sub - Regional Meetings, Funding & Grant Program III. Orange County Cities Food Waste Recycling IV. Cash for Appliances V. South Coast Plaza 21st Annual Southern California Spring Garden Show VI. CR &R Report on Other Agencies Recycling Programs VII. Report on Other CMSD Recycling Programs VIII. Public Comments IX. Next Meeting Date — May 17, 2010 Dated: March 18, 2010 Clerk of the District Meeting Date Item Number 04/22/10 A. A. 1131 0, a= To: Board of Directors - - an Independent SpeciafDistda Via: Scott Carroll, General Manage From: Robin B. Hamers, Distric ngineer Date: April 22, 2010 Subject: Project #171 Irvine Pumping Station Force Main Rehabilitation Summary Staff has determined the Irvine Pumping Station force main is the number one CMSD force main candidate for rehabilitation or replacement based on its history and operating conditions as described in this report. Also described is the progress to date of determining the rehabilitation /replacement budget for the project. Staff Recommendation The Board of Directors receives and files this report. Analysis The 2005 Sewer Master Plan identified a force main replacement program as an important element in eliminating sanitary sewer overflows (SSOs). Force mains are the pressure sewer lines from the low -lying pumping stations to the outlet manholes located at a higher grade. The CMSD has 20 pumping stations, and therefore, 20 force mains. Because force mains operate under pressure, breaks in force mains are similar to breaks in water lines where water is gushing out at high volumes. Because flows in force mains are so high, SSOs from breaks in force mains result in large spill volumes. For instance, should a five minute spill occur from a break in the Irvine pumping station force main, the spill would total 5 min x 1,500 gal /min = 7,500 gallons. This volume is far above a typical gravity sewer spill volume. Therefore, agencies should conclude force main rehabilitation is a priority. Protecting our community's health and the environment by providing solid waste and sewer collection services. www.crosdcagov Board of Directors April 22, 2010 Paae 2 of 4 Unfortunately, force main condition assessment is at this point in time an inexact science, meaning there is no current method to determine the structural integrity of the entire line. Pipe wall thickness is the critical indicator of whether a failure is about to occur, however, existing pipe wall thickness can only be currently measured by excavating and exposing the pipe followed by attaching a sensor. Obviously, the entire pipe length cannot be exposed for this test. What is needed is a new technology consisting of a no -dig .method of introducing a probe in the line from the outlet manhole all the way down the line while it measures the pipe wall thickness. Even though new technology is approaching this ability, it is believed the Irvine Pumping Station force main is ready for rehabilitation or replacement. Ruptures occurred in June 1996 and September 2001 and the existing ductile iron pipe force main was installed in 1975 without exterior polyethylene encasement, which leaves the line very susceptible to corrosion. Additionally, during the September 2001 rupture, staff examined the exposed pipe and concluded the line should be rehabilitated as the first project in the District's planned replacement /rehabilitation program. The total length of the force main is 3,400 feet, however, 450 feet was replaced as part of the Irvine Pumping Station Relocation in 2008. Work to date on the Condition Assessment of the existing force main is as follows: I. 1 Condition Assessment A. Exist Line = 3,000 LF 14" DIP (1975) + 450 LF 12" PVC (2009) (This portion to remain). B. Ultimate Size = 12" (not 14 ") C. 865 L.F. constructed with slope = 0 %; therefore, air may be trapped inside force main. D. No evidence of exterior polyethylene wrap, which presents exterior corrosion. Exterior corrosion was noted during the rupture in 1996. E. No evidence of interior coating, which prevents interior corrosion. The 865 L.F. of 14" force main with no slope is subject to interior air, which causes corrosion. F. Two breaks occurred in 1996 and 2001 indicating potential future problems. G. High points were constructed without air /vacuum release valves. H. Staff has little confidence in the force main, particularly if the valves are opened forcing the station to pump to the Orange County Fairgrounds outlet manhole instead of the current outlet at Elden Pumping Station. I. The existing force main was constructed in an inverted siphon condition under a storm drain in the intersection of Mesa Drive and Santa Ana Avenue. Board of Directors April 22, 2010 Paae 3 of 4 J. Bends, angle points, and curves in line along with interior corrosion may prevent lining. II. Limitations of Condition Assessment A. Unknown soil conditions. Soil conditions may or may not be causing corrosion. B. Unable to determine pipe wall thickness, which is the number one indicator of future service life. Can only determine pipe wall thickness if line is excavated and exposed, which is not practicable. C. Unable to televise interior to ascertain whether existing force main interior is acceptable for installing a liner. Substantial corrosion may be present. Force main cannot be shut down to facilitate televising. D. Absolute determinations of entire force main condition not yet technically feasible, instead only able to assess levels of risk. III. Rehabilitation Options Considered A. Replace 3,000 L.F. of 14" DIP with 12" PVC SDR 35. B. Install 3,000 L.F. 12" Liner inside existing 14" DIP. C. Combination of replacement and lining. IV. Resources Investigated A. Other agencies (water districts, etc.) B. Lining manufacturers. C. Pipeline contractors. Staff is currently arranging meetings with lining manufactures and pipeline contractors to assess the rehabilitation /replacement methods, practicalities, and costs, after which Engineer's Estimates of the options will be prepared. Legal Review None Board of Directors April 22, 2010 Paae 4 of 4 Financial Review The project is being funded by yearly contributions of $440,000 beginning in the 20087 2009 fiscal year. The current balance in the project, including the proposed 2010- 2011 appropriation of $440,000 will be $1,161,122 Committee Recommendation The Sewer System Committee will be reviewing this item after the Condition Assessment and Engineer's Estimate are complete, likely at the May or June 2010 Sewer System Committee. Any recommendations from the committee will be presented to the Board at the following Board meeting. Public Notice Process Copies of this report are on file with the entire agenda packet at District Headquarters. Alternative Actions 1. Refer the matter back to staff for more information. Reviewed by: --K SC2_cjs Sherry Kallab Administrative Manager 1� u • • SEWER SYSTEM COMMITTEE AGENDA Aprill3, 2010,10:30 a.m. Costa Mesa Sanitary District 628 W. 19th Street Costa Mesa, California Directors Monahan, Ooten and Ferryman Meetinq Date Item Number 04/22/10 XII. A. I. Monthly Spill Statistics II. Potential Performance Indicators for Judging Agency Spills III. Santa Margarita Water District (SMWD) Force Main Spill IV. Asset Management V. East Bay Municipal Utility District (EBMUD) Private Lateral Program VI. CMSD Inflow Reduction Program A. Update on Staff Efforts — District -Wide Area Investigation — Rainfall Data — 3 -26 -10 Meeting B. Response to Orange County Fairgrounds VII. CMSD Map Upgrades /Geographical Information System (GIS) /CMMS - Update Vlll. SCADA Upgrade Status (Project #183 -3) - Update IX. CMSD Sewer Cleaning/CCTV Program - Update X. WDR Training Seminar 6 -17 -10 - "Tree Roots in Sewers" XI. CMSD Projects: A. Project #101 — Westside Pumping Station Abandonment B. Project #129 — Bristol Street Sewer C. Project #164 — Miscellaneous Sewer Work D. Project #171 — Irvine Pumping Station Force Main Rehabilitation E. Project #183 — System -Wide Sewer Reconstruction F. Project #183 -2 — Bristol street North of Randolph G. Project #186 — Sewer Lateral Assistance Program H. Project #187 — District Yard I. Project #189 — Rehabilitation of Six Sewers Transferred to CMSD XII. CCTV Vehicle Demo XIII. Other XIV. Next Meeting: 5-18-10,10:30 a.m. XV. Public Comments Dated: April 5, 2010 rte. Clerk of the District • , Meeting Date Item Number 04/22/10 x111. k COSTA'A�ESA S�. ITAJZY!v1STRICT �C ..... Special District an Independent S _. p p To: Board of Directors Via: Scott Carroll, General Manager From: Marc Davis, District Treasurer Date: April 22, 2010 Subject: Plan Check, Inspection, Permit and Annexation Charges Summary • The District's existing user fees for plan check, inspection, permit and annexation charges have not been updated since 1994. A study has been conducted to calculate the full cost of providing these services. A Resolution adjusting the user fees is presented for the Board's consideration. Staff Recommendation Adopt Ordinance No. 75 which provides that fees may be adopted by Resolution. Approve Resolution No. 2010 -777 adopting revised and establishing new user fees for plan check, inspection, permit and annexation services. Analysis Staff has conducted a comprehensive user fee study in order to calculate the full cost of providing specific sewer - related services to the public. The study will serve as the basis for setting updated or new user fees for plan check, inspection, permit and annexation services. The District's user fees were last updated by Resolution 94 -556, adopted in July 1994. The following sections document the objective, scope and methodology for this study. ProtectiiW our community's health and the environment by providing solid waste and sewer co(Cection services. www.cinsdcagov Board of Directors April 22, 2010 Page 2 of 4 Obiective The objective of this project was to prepare a user fee study of sewer - specific District fees that will identify all costs associated with providing specific services. Scope. The scope of this project included: • A review of all current selected fees; • A survey of each service to determine process and time involved in providing the service; • Interviews with Staff to validate the understanding of the service provided, as well as the effort required to provide the service; and • -A calculation of theJull cost of each service, including indirect costs. The scope of services for this study did not include the preparation of a formal cost allocation plan. Methodology • At the outset of this project, District staff met to discuss the various sewer services provided. The methodology to determine the full cost of providing a specific service is based upon the time involved to deliver the service. The time required to provide each service was determined through discussions with the District staff actually providing the service. The time required represents an effort of average complexity. We calculated a fully burdened labor rate for each employee classification. The fully burdened labor rate includes the following components: • Hourly labor rate represents the current direct hourly rate for the classification providing the service. The District's salary schedule was used to determine this information. • Actual employee benefits for each classification including contribution to a cafeteria plan, cell phone allowance, auto allowance, retirement contributions paid by the District, and . The District's benefit and budget information was used to determine the benefits paid for by the District. A separate benefit rate was calculated for each classification. • The overhead rate was calculated using actual expenses for the fiscal year ended June 30, 2009, which represents the most recently completed fiscal year. All expenses of the District were segregated into direct labor, direct costs and • overhead costs. The overhead rate was calculated by dividing the overhead costs by the direct labor. This resulted in a District -wide overhead rate of 63.62 %. Board of Directors April 22, 2010 Page 3of4 • California Government Code §66016 states, in part, "...no local agency shall levy anew fee or service charge or increase an existing fee or service charge to an amount which exceeds the estimated amount required to provide the service for which the fee or service charge is levied. If, however, the fees or service charges create revenues in excess of actual cost, those revenues shall be used to reduce the fee or service creating the.excess. The full cost of providing each service is documented in Attachment A. The full cost was determined using the average number of hours required to provide the specific service, by classification, multiplied by each classification's fully burdened labor rate. The recommended fees included in this Attachment were determined by District staff. The Board may adopt fees up to, but not exceeding, the full cost of providing the service. The study and report have been provided to the Building Industry Association (BIA) for their review and comment. Results The existing user fees were established by Resolution No. 94 -556 adopted by the District on July 14, 1994. All existing fees are recommended to be adjusted to recover the .full cost of providing the service. Additionally, the fee for construction of new facilities is recommended to be set at $10.00 a linear foot and capped at $20,000. This fee was determined after the results of an analysis that found the average plan check and inspection cost for the last five tract developments in the District was $1,360 per 100 linear feet. District staff currently performs the following services for which there is no existing fee. Staff recommends that user fees be established, except where indicated, for the following services. • Sewer lateral assistance (no fee as this is the existing sewer lateral assistance program and charging a fee would be counterproductive to the program's purpose) • Small new development • Swimming pool connection • Minor on -site plumbing work • Large new development • Cap lateral and demolition Legal Review District Counsel has been provided with this agenda report and the associated fee schedule. District Counsel has prepared Ordinance No. 75 and Resolution No. 2010- 777, which are included as Attachments B and C, respectively, to this report. Board of Directors April 22, 2010 Page 4 of 4 Financial Review Attachment A documents the average units performed for each of the existing and proposed user fees. Using the average units performed, adoption of the recommended fees will result in increase in annual revenue to the Liquid Waste Fund in the amount of $24,292. Committee Recommendation Committee recommendation is not required. Public Notice Process Copies of this report are on file with the entire agenda packet at District Headquarters. Alternative Actions • . 1. Do not adjust the existing user fees 2. Adopt the user fees at a level less than the full cost of providing the service 3. Refer the matter back to staff Reviewed by: Alan R. Burns District Counsel Attachments Attachment A — Sewer User Fee Study Attachment B — Ordinance No. 75 Attachment C — Resolution No. 2010 -777 • i � • COSTA MESA SANITARY DISTRICT Sewer User Fee Study April 2010 Attient A Existing Fees: Current Average No. Current Cost of Current Recommended Proposed Tie -in to Existing Lateral Fee Description Fee of Units Estimated Services Subsidy Fee Estimated Comments 2 640 performed Revenue 640 1,280 Construction of New Manhole Revenue 1 Existing Fees: Tie -in to Existing Lateral $ 320 12 $ 3,840 $ 574 $ 254 $ 570 $ 6,840 Construction of New Lateral 320 2 640 644 324 640 1,280 Construction of New Manhole 910 1 910 1,418 508 1,415 1,415 Construction of New Facilities 910 2,000 linear 910 10 (900) 10 /linear foot 10,427 Current fee is 7% of construction costs, minimum $910; feet The recommended fee of $10 per linear foot is recommended to be capped at $20,000. Annexation 1,585 - 2,942 1,357 2,940 - Sewer permit 55 50 2,750 59 4 55 2,750 Proposed New Fees: Sewer Lateral Assistance - 6 - 257 257 - - Small New Development 12 547 547 545 6,540 Swimming Pool Connection 2 257 257 255 510 Minor On -site Plumbing Work 6 123 123 120 720 Large New Development 2 1,160 1,160 1,160 2,320 Cap Lateral and Demolition 6 94 94 90 540 0 COSTA MESA SANITARY DISTRICT Sewer User Fee Study April 2010 Hours Fully Tie -in to Construction Total cost 2 Attaeent A Sewer Lateral Assistance 2.00 1.00 $ 574.28 $ 644.00 $ 257.50 og A N O v CD m x3 =_z • c �3 Z Hourly Benefit District Burdened Existing of New Employee Classification Rate Rate Overhead Hourly Rate Lateral Lateral General Manager. $ 73.92 $ 22.44 63.62% $ 157.66 - - Operations Manager 61.54 17.61 63.62% 129.50 - - Clerk of the District/Office Manager 52.16 15.70 63.62% 111.03 - - Maintenance Supervisor 43.65 13.97 63.62% 94.28 - - Administrative Manager 42.37 13.71 63.62% 91.76 - - Accountant 35.16 11.78 63.62% 76.80 - - Maintenance Worker 26.44 10.46. 63.62% 60.37 - - Permit Processing Specialist 26.27 9.96 63.62% 59.28 1.00 - Program Specialist 24.59 9.62 63.62% 55.97 - - Accounting Specialist 23.38 9.37 63.62% 53.58 - - Receptionist 22.04 9.10 63.62% 50.95 - - Ordinance Enforcement Officer 20.84 0.46 63.62% 34.85 - - District Counsel n/a n/a n/a 181.00 - - District Engineer n/a n/a n/a 96.50 4.00 4.00 Treasurer n/a n/a n/a 112.00 - - Inspector n/a n/a n/a 64.50 2.00 4.00 Total cost 2 Attaeent A Sewer Lateral Assistance 2.00 1.00 $ 574.28 $ 644.00 $ 257.50 og A N O v CD m x3 =_z • c �3 Z Attaclant A COSTA MESA SANITARY DISTRICT Sewer User Fee Study April 2010. 3 Hours Minor On- Swimming Construction Construction Site Small New Pool of New of New Plumbing Large New Employee Classification Development Connection Manhole Facilities Work Development General Manager - - - - - - Operations Manager - - - - - - Clerk of the District/Office Manager - - - - - - Maintenance Supervisor - - - - - - Administrative Manager - - - - - - Accountant - - - - - - Maintenance Worker - - - - - - Permit Processing Specialist - - - 0.005 1.00 - Program Specialist - - - - - - Accounting Specialist - - - - - - Receptionist - - - - - - Ordinance Enforcement Officer - - - - - - District Counsel - - - - - - District Engineer 3.00 2.00 4.00 0.01 - 4.00 Treasurer - - - - - - I nspector 4.00 1.00 16.00 0.14 1.00 12.00 Total cost $ 547.50 $ 257.50 $ 1,418.00 $ 10.29 $ 123.78 $ 1,160.00 3 4 Attalkent A COSTA MESA SANITARY DISTRICT Sewer User Fee Study April 2010 Hours Cap Lateral and Sewer Employee Classification Demolition Annexation Permit General Manager - 4.00 - Operations Manager - - - Clerk of the District/Office Manager - 4.00 - Maintenance Supervisor - - - Administrative Manager - - - Accountant - 1.50 - Maintenance Worker - - - Permit Processing Specialist 0.50 0.25 1.00 Program Specialist - - - Accounting Specialist - - - Receptionist - - - Ordinance Enforcement Officer - - - District Counsel - 8.00 - District Engineer - 3.00 - Treasurer - - Inspector Total cost $ 94.14 $ 2,942.28 $ 59.28 4 COSTA MESA SANITARY DISTRICT Sewer User Fee Study April 2010 Hourly Cafeteria Classification Title Salary . Plan Employee: Treasurer 112.00 - General Manager 73.92 9,588.00 Operations Manager 61.54 9,588.00 Clerk of the District/Office Manager 52.16 9,588.00 Maintenance-Supervisor 43.65 9,588.00 Administrative Manager 42.37 9,588.00 Accountant 35.16 9,588.00 Maintenance Worker 26.44 9,588.00 Permit Processing Specialist 26.27 9,588.00 Program Specialist 24.59 9,588.00 Accounting Specialist 23.38 9,588.00 Receptionist 22.04 9,588.00 Ordinance Enforcement Officer 20.84 - Contract: District Counsel 181.00 - District Engineer 96.50 - Treasurer 112.00 - Inspector 64.50 5 AttaAnt A Cell Benefits Phone Auto Total Per Allowance Allowance PERS RHS Benefits Hour 960.00 4,800.00 29,794.30 1,537.45 46,679.75 22.44 960.00 - 24,805.34 1,280.01 36,633.35 17.61 960.00 - 21,024.82 1,084.93 32,657.75 15.70 960.00 - 17,594.98 907.94 29,050.92 13.97 960.00 - 17,079.04 881.32 28,508.36 1171 - - 14,173.61 731.39 .24,493.00 11.78 960.00 - 10,655.50 549.85 21,753.35 10.46 - - 10,587.38 546.33 20,721.71 9.96 - - 9,913.03 511.53 20,012.56 9.62 - - 9,423.68 486.28 19,497.96 9.37 - - 8,883.55 458.41 18,929.96 9.10 960.00 - - - 960.00 0.46 Attachment A COSTA MESA SANITARY DISTRICT Sewer User Fee Study April 2010 6 Direct Direct Account No. Description Amount Labor Costs Overhead 10- 100000 -4001 Regular Salaries $ 85,825.27 $ 85,825.27 $ - $ 10- 100000 -4002 Part-Time Salaries 38,535.65 38,535.65 - 10- 100000 -4003 Board Salaries 6,320.60 - 6,320.60 10- 100000 -4005 Overtime 2,617.13 2,617.13 - 10- 100000 -4040 Compensated Absences 808.08 808.08 - - 10- 100000 =4100 Cafeteria Plan 11,469.64 11,469.64 - 10- 100000 -4105 Medicare - Employer 2,089.44 2,089.44 10- 100000 -4110 FICA - Employer 391.82 391.82 10-100000-4115 PERS - Employer 16,707.74 16,707.74 - 10- 100000 -4120 PERS - Employee 8,646.40 8,646.40 - 10- 100000 -4125 Deferred Medical - RHS 844.89 844.89 - 10- 100000 4130 Benefits Admin Costs 275.99 - 275.99 10- 100000 -4140 Workers' Compensation 2,004.35 - - 2,004.35 10- 100000 -4200 Professional Services 2,858.68 - 2,858.68 10- 100000 -4205 District Manager 32,836.58 - - 32,836.58 10- 100000 -4210 Legal Services 33,132.82 - - 33,132.82 10- 100000 -4220 Fiscal Services 26,819.80 - - 26,819.80 10- 100000 -4225 Medical /Employment Services 6.10 - 6.10 10- 100000 -4300 Contract Services 3,161.29 - - 3,161.29 10- 100000 -4320 Container Collection Costs 19,065.27 - 19,065.27 10- 100000 -4305 County Collection Fee 15,538.14. - 15,538.14 - 100000 -4310. Trash Hauler 2,359,245.82 - 2,359,245.82 ®10- 10- 100000 -4315 Recycling/Disposal 2,140,277.98 2,140,277.98 10- 100000 -4325 Election Expense 20,399.94 - - 20,399.94 10- 100000 -4330 Building Maintenance 1,544.60 - - 1,544.60' 10- 100000 -4335 Equipment Maintenance . 2,620.36 - - 2,620.36 10- 100000 -4400 Office Supplies 1,342.03 - - 1,342.03 10- 100000 -4405 MultiMed/Blueprint/Copies /Sub 2,386.28 - - 2,386.28 10- 100000 -4410 Postage 542.81 - - 542.81 10- 100000 -4420 Public Into /Ed/Community Promo 16,039.08 - - 16,039.08 10- 100000 -4425 Small Tools /Equipment 112.36 - - 112.36 10- 100000 -4500 Prof Membership /Dues 8,466.55 - 8,466.55 10- 100000 -4505 Staff Development 1,035.67 - - 1,035.67 107100000-4510 Travel/Meals/Lodging 1,493.71 - 1,493.71 10- 100000 -4520 Mileage Reimbursement 999.75 - - 999.75 10- 100000 -4550 Liability Insurance 6,035.69 - - 6,035.69 10- 100000 -4600 Telephone 636.42 - 636.42 10- 100000 -4605 Cellular Service 472.28 - - 472.28 10-100000-4610 Gas - Building 36.93 - - 36.93 10- 100000 -4615 Water - Building 160.78 - - 160.78 10- 100000 -4620 Electric - Building 668.71 - - 668.71 10- 100000 -4990 Contingency - - - 10- 100001 -4300 Sharps Program 14,569.98 - 14,569.98 10- 100002 -4300 Household Hazardous Waste 12,436.25 - 12,436.25 107100003 -4420 Telephone Bk Recycling Program 8,198.75 - 8,198.75 10- 100004 -4310 Large Item Pick -up 4,725.19 - 4,725.19 10- 100005 -4300 Used Tire Roundup 30.6.00 - 306.00 10- 100008 -4420 Educational Tours - 20- 200000 -4001 Regular Salaries '457,074.63 457,074.63 20- 200000 -4002 Part-Time Salaries 6,779.97 6,779.97 _ 6 Attachment A COSTA MESA SANITARY DISTRICT • Sewer User Fee Study April 2010 7 Direct Direct Account No. Description Amount Labor Costs Overhead 20- 200000 -4003 Board Salaries 56,885.40 56,885.40 - 20- 200000 -4005 Overtime 23,316.52 23,316.52 - 20- 200000 -4040 Compensated Absences 2,535.86 2,535.86 - - 20- 200000 -4100 Cafeteria Plan 64,613.61 64,613.61 - 20- 200000 -4105 Medicare - Employer 8,484.28 8,484.28 - 20- 200000 -4110 FICA - Employer 3,526.96 3,526.96 - 20- 200000 -4115 PIERS - Employer 70,053.45 70,053.45 20- 200000 -4120 PERS - Employee 31,925.76 31,925.76 - 20- 200000 -4125 Deferred Medical - RHS 4,492.43 4,492.43 - - 20- 200000 -4130 Benefits Admin Costs 2,587.36 - - 2,587.36 20- 200000 -4140 Workers' Compensation 3,808.27 - - 3,808.27 20- 200000 -4200 Professional Services 37;635.58 - - 37,635.58 20- 200000 -4205 District Manager 60,982.17 - - 60,982.17 20- 200000 -4210 Legal Services 93,956.59 - - 93,956.59 20- 200000 -4215 Engineering /Architectual Sery 16,800.00 - 16,800.00 20- 200000 -4216 Plan Ck/Inspection- Inside 218,240.00 - 218,240.00 - 20- 200000 -4217 Plan Ck/lnspection- Outside 13,242.50 - 13,242.50 20- 200000 -4218 Plan Ck/Inspection SLAP - - - 20- 200000 -4220 Fiscal Services 49,808.20 - - 49,808.20 20- 200000 -4225 Medical /Employment Services 511.52 - - 511.52 20- 200000 -4300 Contract Services 9,725.71 - - 9,725.71 200000 -4305 County Collection Charges 14,861.10 - 14,861.10 •20- 20- 200000 -4320 Sewer Contracts - - 20- 200000 -4325 Election Expense 37,885.60 - 37,885.60 20- 200000 -4330 Building Maintenance 13,923.96 - - 13,923.96 20- 200000 -4335 Equipment Maintenance 23,724.39 - - 23,724.39 20- 200000 -4400 Office Supplies 12,224.59 - - 12,224.59 20- 200000 -4405 MultiMed /Blueprints /Copies/Sub 13,587.71 - 13,587.71 20- 200000 -4410 Postage 8,940.35 - - 8,940.35 20- 200000 -4420 Public Info /Ed/Community Promo 18,375.12 - - 18,375.12 20- 200000 -4425 Small Tools/Equipment 1,648.03 - - 1,648.03 20- 200000 -4430 Material & Supplies - - - 20- 200000 -4500 Prof Membership /Dues 31,490.20 - 31,490.20 20- 200000 -4505 Staff Development 6,389.85 - - 6,389.85 20- 200000 -4510 Travel Meals Lodging 17,809.72 - 17,809.72 20- 200000 -4520 Mileage Reimbursement 171.17 - 171.17 20- 200000 -4550 Liability Insurance 54,321.25 - 54,321.25 20- 200000 -4600 Telephone 5,727.34 - 5,727.34 20- 200000 -4605 Cellular Service 8,131.86 - 8,131.86 20- 200000 -4610 Gas - Building 332.48 - 332.48 20- 200000 -4615 Water - Building 1,447.03 - 1,447.03 20- 200000 -4620 Electric - Building 6,790.37 - 6,790.37 20- 200000 -4950 Sinking Fund Contribution - - 20- 200000 -4990 Contingency 20- 200000 -4995 Transfer Out - 20- 200001 -4001 Swr Maint - Regular Salaries 179,701.53 179,701.53 - 20- 200001 -4005 Swr Maint - Overtime 21,243.39 21,243.39 - 20- 200001 -4040 Compensated Absences 6,665.89 6,665.89 - 200001 -4100 Swr Maint - Cafeteria Plan 28,895.83 28,895.83 - - •20- 20- 200001 -4105 Swr Maint - Medicare ER 3,070.00 3,070.00 7 Attachment A COSTA MESA SANITARY DISTRICT Sewer User Fee Study April 2010 • 8 Direct Direct Account No. Description Amount Labor Costs Overhead 20- 200001 -4115 Swr Maint - PERS ER 26,681.81 26,681.81 - - 20- 200001 -4120 Swr Maint - PERS EE 12,659.08 12,659.08 - - 20- 200001 -4125 Swr Maint - Def Medical RHS 1,783.75 1,783.75 - - 20- 200001 -4130 Benefit Admin 283.05 7 283.05 20- 200001 -4140 Swr Maint - Workers Comp 14,230.90 - - 14,230.90 20- 200001 -4300 Sewer Maint - Claims - - - 20- 200001 -4305 Sewer Maint -Pump Stn Contract 45,194.10 45,194.10 - 20- 200001 -4320 Sewer Maint -Sewer Line Maint 536,991.99 536,991.99 - 20- 200001 -4335 Sewer Maint- Egdipment Maint 55,840.91 - 55,840.91 - 20- 200001 -4350 Sewer Maint - Televising Swr Line - - - 20- 200001 -4380 Sewer Maint - FOG Program 101,255.60 101,255.60 20- 200001 -4425 Sewer Maint -Small Tools/Eq 4,006.20 - - 4,006.20 20- 200001 -4430 Sewer Maint - Material /Supplies 27,544.11 - - 27,544.11 20- 200001 -4505 Sewer Maint -Staff Development 225.00 - 225.00 20- 200001 -4510 Sewer Maint - Travel /Meals - - - 20- 200001 -4550 Swr Liability Insurance 8,980.40 - 8,980.40 20- 200001 -4625 Sewer Maint- Water Pump 1,098.80 1,098.80 - 20- 200001 -4630 Sewer Maint - Electric Pump 83,478.79 83,478.79 - 20- 200001 -4995 Capital Outlay 5,215.00 - 5,215.00 - Totals $ 7,594,524.62. $ 1,178,326.21 $ 5,666,562.17 $ 749,616.24 District -Wide Overhead Rate 63.62% • 8 ANALYSIS OF PLAN CHjWND INSPECTION FEES Alta f$ent A 0 . 3/24/2010 A B C D E F G 1 Address Linear Feet of Dedicated Inspection Plan Check 2 Sewer Main Hours (act.) Hours (est.) 3 $64.50 $96.50 Sewer PC & 1$ /100 LF 4 L.F. # of Hrs # of Hrs PC & I Costs Construction Cost Dedicated Main 5 2501 Harbor - Tract 16937 768 83.5 16 $6,930 $81,460 $902 6 _ _ 7 330 W. Bay - Tract 16694 1,067 152.5 16 11,380 68,400 1,067 8 9 190 23rd - Tract 16600 619 126.5 16 9,703 71,925 1,568 10 11 2100 Canyon - Tract 16070 734 256 16 18,056 55,750 2,460 12 13 3333 Susan St. - Tract 16416 3,825 441.5 24 30,793 194,936 805 14 Average: 1403 212 18 15372 94494 1360 15 16 17 Conclusion: Use PC &I = $1,000 per 100 Linear Feet of dedicated sewer main with maximum of $20,000 3/24/2010 Attachment B Meeting Date Item Number 04/22/10 XIII. A. 2. 0 ORDINANCE NO. 75 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT REVISING THE PLAN CHECK, INSPECTION, PERMIT AND ANNEXATION FEE PROVISIONS OF THE DISTRICT OPERATIONS CODE WHEREAS, the District incurs costs for the benefit of property owners that should not be borne by the general rate payers but instead by those owners and others that directly. benefit from these services; and WHEREAS, Government Code Section 66016 and general law provide that charges for services should not exceed the estimated reasonable costs for providing the service; and WHEREAS, the District staff has participated in a study with the District Treasurer to justify fees charged for certain services; and WHEREAS, that study, which is attached hereto and incorporated herein as Exhibit A, analyzed District costs, including, but not limited to, hourly fully- burdened rates and estimated times to perform tasks and supports the fees established, herein; • WHEREAS, the Board has determined to set those fees by resolution instead of ordinance and desires to revise its Operations Code accordingly; NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary District does hereby ORDAIN as follows: Section 1. That Section 7.05.070 of the Costa Mesa Sanitary District Operations Code is hereby amended to read as follows: "Section 7.05.070. Fees. Certain fees established by the District, including, but not limited to, plan check, inspection, permit and annexation fees, shall be established by separate resolution." Section 2. Should any part, clause or section of this Ordinance be declared by any Court of competent jurisdiction to be invalid, the remaining provisions of this Ordinance shall nevertheless be and remain in full force and effect and the Board of Directors of the Costa Mesa Sanitary District of Orange County, California, hereby declares that each and every section, clause, provision or part of this Ordinance would have' been adopted and made a part of this Ordinance without the adoption of any portion thereof and that the invalidity of any part or provision hereof shall not in any way affect the validity or enforcement of the remaining provisions of this Ordinance that may stand on their own. • Section 3. Pursuant to Health and Safety Code Sections 6490 and 6491.3, the Clerk shall cause this ordinance or a summary thereof to be published in a newspaper of general circulation printed and published in the District according to law. PASSED and ADOPTED this day of 2010. Secretary President • 0 STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS CITY OF COSTA MESA ) I, JOAN REVAK, Clerk of the Costa Mesa Sanitary District, hereby certify that the above and foregoing Ordinance No. 75 was duly and regularly passed and adopted by said Board of Directors at a regular meeting thereof, held on the 22nd day of April 2010 by the following vote: AYES.: NOES: ABSENT: ABSTAIN: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Costa Mesa Sanitary District, this 22th day of April 2010. • Clerk of the Costa Mesa Sanitary District • Attachment C Meeting Date Item Number 04/22/10 XIII. A. 3. RESOLUTION NO. 2010-777 • A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT ESTABLISHING PLAN CHECK, INSPECTION, PERMIT AND ANNEXATION FEES WHEREAS, the District incurs costs for the benefit of property owners that should not be borne by the general rate payers but instead by those owners and others that directly benefit from these services; and WHEREAS, Government Code Section 66016 and general law provide that charges for services should not exceed the estimated reasonable costs for providing the service; and WHEREAS, the District staff has participated in a study with the District Treasurer to justify fees charged for certain services; and WHEREAS, that study, which is attached hereto and incorporated herein as Exhibit A, analyzed District costs, including, but not limited to, hourly fully- burdened rates and estimated times to perform tasks and supports the fees established herein; NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary District does hereby RESOLVE as follows: 1. That the attached Exhibit B shall be the District fees for the services described therein. 2. That this Resolution shall supersede Resolution No. 94 -556 and any other resolution in conflict herewith. This Resolution shall take effect upon its adoption. PASSED AND ADOPTED by the Board of Directors of the Costa Mesa Sanitary District at a regular meeting held on the day of 2010. Gary Monahan Secretary, Costa Mesa Sanitary District • Arlene Schafer President, Costa Mesa Sanitary District • STATE OF CALIFORNIA) COUNTY OF ORANGE )SS CITY OF COSTA MESA ) I, Joan Revak, Clerk of the Costa Mesa Sanitary District, hereby certify that the above and foregoing Resolution No. 2010 -777 was duly and regularly passed and adopted by said Board of Directors at a regular meeting thereof held on the 22nd day of April 2008 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Costa Mesa Sanitary District, this day of 2010. Clerk of the Costa Mesa Sanitary District • • Meeting Date Item Number 04122/10 XIV. B. COST A 9KESAS���.7q)rsTRrcr Memorandum To: Board of Directors From: Scott Carroll, General Manager Via: Associate District Counse Date: April 22, 2010 ... an Independent Specid[ District Subject: Adoption of an Ordinance Enacting an Administrative Citation Imposing Civil Fines for Violations of District Ordinances Summary Proposed for your consideration is a draft ordinance enacting an administrative citation system for the District's Operations Code. This ordinance allows a code violation to be prosecuted civilly. Because violations would . be civil, the offender would not be subjected to criminal sanctions. Staff would still have discretion to cite violations as criminal offenses when appropriate. Staff Recommendation That the Board of Directors provides input on the subject and direct staff to bring back for approval consideration a final draft version of an ordinance that will enact an administrative citation system. Analysis The Costa Mesa Sanitary District deems all violations of the Operations Code misdemeanors. Violations can be cited and the District Attorney is obligated to prosecute any such citations. In the past five years, no citations have been issued and it is unclear what priority the District Attorney would place on such matters. The proposed administrative citation ordinance would allow certain members of. District's staff, and others deemed appropriate, to issue an administrative citation for a code violation. An administrative citation is a civil (i.e., non - criminal) matter, like a parking ticket. The suggested penalties are $250 for the first violation, $500 for the second violation in one year, and $950 for a third violation in one year. otecting our community's health and the environment 6y providing solid waste and sewer coffection services. www.cmsdca.gov Board of Directors April 22, 2010 Page 2 of 3 California Government Code Section 53069.4 authorizes the administrative citation system. That Section provides that a local agency may, by ordinance, make any code violation subject to an administrative fine. Violations are broken down into two types: transient and continuing. Transient violations are those that are not continuing in nature, such as the improper placement of trash containers. With the enactment of this ordinance, District officials may issue a civil citation immediately upon discovery of such transient violations. Continuing violations, on the other hand, pertain to building, plumbing, electrical, or other similar structural or zoning issues that do not create an immediate danger to health or safety. These issues would include maintaining a substandard lateral, not maintaining a FOG control device, where such violation does not pose an immediate danger to health or safety. Prior to issuing an administrative citation for a continuing violation, State law requires that our ordinance allow the offender a reasonable period of time to correct the violation. Our ordinance uses 30 days as the standard "reasonable period" to correct any continuing violation. Staff is also vested with discretion to allow a greater time period for correction when necessary. The administrative citation system has the advantage of providing a civil enforcement method to encourage compliance with our Operations Code. It should also produce revenue for the District. Under the administrative process, an offender pays his or her fine directly to the District, and the District keeps the fine, although the District must handle collection. The drawback is that the District must implement a system allowing for due process hearings for persons who wish to .challenge their citation. In that regard, two separate ordinances are offered for review. One version uses a "Hearing Officer" method where the General Manager serves as the Hearing Officer. The other version uses a "Hearing Body" method where the General Manager and two members of the Board of Directors serve as the Hearing Body. The Hearing Body method would allow two members of the Board to serve at the hearing, thus providing greater access and control by the Board, but would also impose scheduling challenges. An offender who does not receive a favorable review during the hearing may appeal to the Superior Court. Legal Review Associate District Counsel prepared this staff report and the proposed ordinance. Financial Review As mentioned above, this system will generate revenues for the District. It is difficult to estimate the potential revenues because this type of system has never been used before by the District. However, if the District issues 10 citations and they are upheld by the Hearing Officer or Hearing Body and the offenders do not appeal, the District would generate $2,500. Board of Directors April 22, 2010 Paqe 3 of 3 It is difficult to estimate the expenses that will incur under this new system. If many offenders appeal to the Superior Court, our costs will exceed revenues due to counsel costs for defending the District.. Administrative costs will incur for planning and conducting hearings. Staff estimates it will cost $136 per hearing if the District uses a "Hearing Officer" method. Committee Recommendation Not applicable. Public Notice Process This item has been properly agendized in accordance with the Ralph M. Brown Act and shall be published once in. a newspaper published in within the District's boundaries after adoption in accordance with Health and Safety Code Sections 6491.3 and 6490. Copies of this report are on file with the entire agenda packet at District Headquarters. Alternative Actions 1. Adopt either version of the Administrative Citation Ordinance. Once adopted, code violations will generally be prosecuted administratively. i 2. Reject the Administrative Citation Ordinance thereby. maintaining the status quo and relying on criminal enforcement of City of Costa Mesa Code Enforcement or our own enforcement officer with prosecution through the District Attorney's office. 3. Suggest changes to one of the Administrative Citation Ordinances such as increasing or decreasing the fine, and direct Staff to bring an amended ordinance back for a first read. Attachment: Proposed Administration Citation Code Chapter 1.06 - Administrative Citations Section 1.06.010. Applicability. (a) This chapter subjects any violation of the provisions of this Operations Code to administrative fines. (b) This chapter establishes the administrative procedures that shall govern the imposition, enforcement, collection, and administrative review of the administrative fines pursuant to Government Code Section 53069.4. (c) The issuance of an administrative citation under this chapter is solely at the discretion of the Enforcement Official and is one option the Costa Mesa Sanitary District has to address violations of this code. The procedures established in this chapter shall supplement and be in addition to any criminal, civil or other remedy established by law or under the provisions of this code to address violations of this Operations Code or violations of any other Costa Mesa Sanitary District ordinance. Issuance of an administrative citation shall be cumulative to, and shall not limit or be deemed a waiver of, the use of any other remedy. (d) The purpose of issuing administrative citations pursuant to this chapter is to encourage compliance with the provisions of this code. (e) This chapter is intended to impose strict administrative liability on responsible parties for violations of this code. Section 1.06.020. Definitions. "Correction Condition" shall mean a code violation that pertains to a continuing plumbing, sewer, sanitary, or similar structural or zoning violation that does not create an immediate danger. to health or safety. "Enforcement Official" shall mean any officer, employee, agent, or independent contractor with authority to enforce the Operations Code of the Costa Mesa Sanitary District or any other code or ordinance adopted by the Costa Mesa Sanitary District. "Responsible Party" shall mean any of the following: (1) A person who causes a code violation to occur. (2) A person who maintains or allows a code violation to continue by his, her or its action or failure to act. (3) A person whose agent, employee or independent contractor causes a code violation by its action or failure to act. (4) A person who is the owner of, lessee or sublessee with a current.right of possession of, real property where a property- related code violation occurs. (5) The owner, operator or other person in charge of a business where a code violation occurs. (6) A person who is the beneficiary under a deed of trust for property where a property- related code violation exists. "Person" shall mean a natural person, legal entity, business, corporation, trust, or other entity and shall also include the owners, majority shareholders, corporate officers, trustees and general partners of any legal entity, business, corporation, trust or other entity. Section 1.06.030. Administrative Citation Generally. (a) Issuance. An Enforcement Official, upon making a determination that any provision of this Operations Code or any other Costa Mesa Sanitary District Ordinance has been violated, has authority to issue an administrative citation to a responsible party or parties for the violation. An Enforcement Official may issue an administrative citation for a violation that is not committed in the Enforcement Official's presence if the Enforcement Official has determined that the responsible party committed a code violation. (b) Content. An administrative citation shall contain the following information: (1) Name of the responsible party. (2) Date of violation. (3) Code section violated. (4) Address or other location where the violation occurred. (5) Description of the violation. (6) Amount of the fine. (7) Procedure to pay the fine. (8) Warning that a failure to make a timely payment of the fine will result in a late payment penalty. (9) Description of the procedure for requesting an administrative review to contest the administrative citation. (10) Description of the procedure for requesting a waiver of the fine deposit. (11) Date the citation is issued. (12) Signature of the Enforcement Official issuing the citation. (13) A notice that unpaid fines, interest and penalties are subject to the assessment and lien collection procedures of this Chapter. (c) Service. An administrative citation may be served by any of the following methods: (1) Personal Service. An Enforcement Official may personally serve the citation on the responsible party. If reasonably available, the Enforcement Official should obtain the signature of the responsible party. The failure of the Enforcement Official to request or obtain the signature of the responsible party shall not invalidate the service of the administrative citation and shall not invalidate the administrative citation. (2) Mail. An Enforcement Official may mail the administrative citation by first class mail if the responsible party is not present for personal service when the Enforcement Official determines there has been a violation. The administrative citation shall be mailed to the responsible party's address as shown on the county's last equalized assessment roll for a property- related violation, or to any address known for the responsible party for all other violations. Service by mail shall be deemed to have been completed at the time of deposit in the U.S. Mail in a fully addressed envelope, postage prepaid. (3) Posting. An Enforcement Official may post a copy of the administrative citation on the property in a conspicuous place for a property- related violation when the responsible party resides at an unknown address other than where the violation occurs. A copy of the administrative citation will also be mailed to the responsible party at the property address. (4) Other manners of service. An administrative citation may be served on the responsible party in any manner provided for service of summons. Section 1.06.040. Administrative Citation Timing. Except as provided in Section 1.06.050, an administrative citation may be issued immediately and without a prior warning for any violation of this Operations Code or any other District ordinance. Section 1.06.050. Administrative Citation for Continuing Plumbing, Sewer, Sanitary, or Similar Structural or Zoning Violations that Do Not Create an Immediate Hazard. (a) Applicability of this Section. This Section shall only apply to a correction condition(s). (b) Correction Period. A responsible party shall have thirty (30) calendar days to correct or remedy a correction condition prior to the issuance of an administrative citation. A correction period longer than thirty (30) calendar days may be granted if deemed necessary by the Enforcement Official. (c) Correction Notice. Upon discovery of a correction condition, the Enforcement Official shall issue a written correction notice to the responsible party or parties. The correction notice shall refer to the code section(s) violated and describe how that code section(s) was violated. The correction notice shall also describe the action necessary to correct the violation(s) and state the final date by which the correction must be completed, which shall not be less than thirty (30) calendar days from the date the correction notice is issued. In addition, the correction notice shall include a warning that failure to correct the violation may result in the imposition of an administrative fine and shall state the amount of the fine imposed for the violation. (d) Procedure Upon Expiration of Correction Period. If the responsible party remedies the correction condition within the period set forth in the correction notice, the Enforcement Official shall issue the responsible party a notice of compliance. If the responsible party does not remedy the correction condition within the period set forth in the correction notice, the Enforcement Official may issue an administrative citation. Section 1.06.060. Responsible Party's Obligations. Within fifteen (15) calendar days from the date the administrative citation is served by any of the methods of service specified in Subsection (c) of Section 1.06.030, a responsible party shall (i) pay the fine amount designated on the administrative citation; or (ii) make a written request for an administrative hearing. Section 1.06.070. Administrative Fine. (a) Amount. Fines for administrative citations shall be assessed in the following amounts: (1) A fine not exceeding Two Hundred Fifty Dollars ($250.00) for a first violation; (2) A fine not exceeding Five Hundred Dollars ($500.00) for a second violation of the same ordinance or permit within one year from the. date of the first violation; (3) A fine not exceeding Nine Hundred Fifty Dollars ($950.00) for each additional violation of the same ordinance or permit within one year from the date of the first violation. (b) Continuing Violation. Each and every day during any portion of which any ordinance violation is committed, continued, maintained or permitted shall constitute a separate offense. (c) Payments. If the responsible party does not make a timely request for a hearing, he, she or it must pay the administrative fine directly to the Costa Mesa Sanitary District within fifteen (15) calendar days from the date the administrative citation is issued. Payment of a fine shall not excuse or discharge the failure to correct the violation(s) nor shall it bar further enforcement action by the District. (d) No Waiver. Under no circumstances shall the payment of the administrative fine constitute a waiver of the responsibly party's right to a hearing. Therefore, a responsible party may pay the administrative fine within the fifteen (15) calendar day period and also obtain a hearing to protest the imposition of the administrative fine, provided that the responsible party makes a timely request for a hearing. (e) Obligation to Correct Violation. Nothing in this chapter shall be interpreted to mean that because a responsible party has paid the administrative fine he, she or it is not required to correct the ordinance violation. If the responsible party fails to correct the violation(s), subsequent administrative citations may be issued for the same violation(s). The amount of the fine for failure to correct the violation shall increase at a rate specified in this chapter. Section 1.06.080. Administrative hearing. [FIRST OPTION] (a) Purpose. It is the purpose and intent of the Board of Directors to afford due process of law to any person who is issued an administrative citation. (b) Request for Hearing. Within fifteen (15) calendar days from the date the administrative citation is served, the responsibly party must make a written request for a hearing, together with an advanced deposit of the fine. Any administrative citation fine which has been deposited shall be refunded if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation(s) or that there was no violation(s) as charged in the administrative citation. (c) Hearing Officer. 1. The General Manager shall serve as the Hearing Officer or may appoint a person or persons who shall preside at the hearing and hear all facts and testimony presented and deemed appropriate ( "Hearing Officer "). 2. The employment, performance, evaluation, compensation and benefits of the Hearing Officer, if any, shall not be directly or indirectly conditioned upon the amount of the administrative citation fines upheld by the Hearing Officer. 3. Any person designated to serve as a Hearing Officer is subject to disqualification for bias, prejudice, interest, or for any other reason for which a judge may be disqualified pursuant to Code of Civil Procedure Section 170.1. The responsible party may challenge the Hearing Officer's impartiality by,filing a statement with the General Manager objecting to'the Hearing before the Hearing Officer and setting forth the grounds for disqualification. (d) Administrative Hearing Procedures. 1. No hearing to contest an administrative citation before a Hearing Officer shall be held unless and until a request for hearing form has been completed and submitted and the fine has been deposited in advance. The fine deposit may, be waived by the General Manager upon a showing of financial hardship. 2. The administrative citation and any additional documents submitted by the Enforcement Official shall constitute prima facie evidence of the respective facts contained in those documents and the Enforcement Official shall not be required to attend the administrative hearing but may attend the hearing in his or her discretion. (e) Administrative Order. 1. Within fifteen (15) calendar days of the conclusion of the hearing, the Hearing Officer shall provide the responsible party with a decision in writing ( "administrative order "). The Hearing Officer shall provide the responsible party with the administrative order.by personal service or by registered or certified mail to the responsible party's last known address. 2. The administrative order shall contain the Hearing Officer's findings of fact and conclusions and the procedure described in Section 1.06.090 for seeking judicial review. 3. A decision in favor of the responsible party shall constitute a dismissal of the administrative citation. The District shall return any monies paid by the responsible party towards the dismissed administrative citation. 4. The Hearing Officer's decision is final. (f) Failure to Attend Administrative Hearing. 1. Waiver of Right to Hearing. The responsible party's failure to appear at a hearing shall constitute a waiver of the right to a hearing and shall be presumed an admission of guilt to the code violation(s) indicated on the administrative citation. 2. Good Cause. Upon a showing of good cause by the responsible party, the Hearing Officer may excuse the responsible party's failure to appear at the hearing and reschedule the hearing. Under no circumstances shall the hearing be rescheduled more than once unless the responsible party pays a deposit in the amount of the administrative fine. Nothing in this subsection shall be interpreted to mean the responsible party is excused from the requirement of paying the administrative fine or appearing at a hearing. Section 1.06.080. Administrative hearing. [SECOND OPTION] (a) Purpose. It is the purpose and intent of the Board of Directors to afford due process of law to any person who is issued an administrative citation. (b) Request for Hearing. Within fifteen (15) calendar days from the date the administrative citation is served, the responsibly party must make a written request for a hearing, together with an advanced deposit of the fine. Any administrative citation fine which has been deposited shall be refunded if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation(s) or that there was no violation(s) as charged in the administrative citation. (c) Hearing Body. 1. The General Manager and two members of the Board of Directors shall serve as the Hearing Body or the General Manager may appoint ,a person or persons who shall preside at the hearing and hear all facts and testimony presented and deemed appropriate ( "Hearing Body "). 2. The employment, performance, evaluation, compensation and benefits of members of the Hearing Body, if any, shall not be directly or indirectly conditioned upon the amount of the administrative citation fines upheld by the Hearing Body. 3. Any person designated to serve on the Hearing Body is subject to disqualification for bias, prejudice, interest, or for any other reason for which a judge may be disqualified pursuant to Code of Civil Procedure Section 170.1. The responsible party may challenge the impartiality of any member of the Hearing Body by filing a statement with the General Manager objecting to the Hearing before the member of the Hearing Body and setting forth the grounds for disqualification. (d) Administrative Hearing Procedures. 1. No hearing to contest an administrative citation before a Hearing Body shall be held unless and until a request for hearing form has been completed and submitted and the fine has been deposited in advance. The fine deposit may be waived by the General Manager upon a showing of financial hardship. 2. The administrative citation and any additional documents submitted by the Enforcement Official shall constitute prima facie evidence of the respective facts contained in those documents and the Enforcement Official shall not be required to attend the administrative hearing but may attend the hearing in his or her discretion. (e) Administrative Order. 1. Within fifteen (15) calendar days of the conclusion of the hearing, the Hearing Body shall provide the responsible party with a decision in writing ( "administrative order "). The Hearing Body shall provide the responsible party with the administrative order by personal service or by registered or certified mail to the responsible party's last known address. 2. The administrative order shall contain the Hearing Body's findings of fact and conclusions and the procedure described. in Section 1.06.090 for seeking judicial review. 3. A decision in favor of the responsible party shall constitute a dismissal of the administrative citation. The District shall return any monies paid by the responsible party towards the dismissed administrative citation. 4. The Hearing Body's decision is final. (f) Failure to Attend Administrative Hearing. L Waiver of Right to Hearing. The responsible party's failure to appear at a hearing shall constitute a waiver of the right to a hearing and shall be presumed an admission of guilt to the code violation(s) indicated on the administrative citation. 2. Good Cause. Upon a showing of good cause by the responsible party, the Hearing Body may excuse the responsible party's failure to appear at the hearing and reschedule the hearing. Under no circumstances shall the hearing be rescheduled more than once unless the responsible party pays a deposit in the amount of the administrative fine. Nothing in this subsection shall be interpreted to mean the responsible party is excused from the requirement of paying the administrative fine or appearing at a hearing. Section 1.06.090. Judicial review. If an administrative order is rendered in favor of the District, the responsible party may seek judicial review of the administrative order in the Orange County Superior Court, Harbor Justice Center, by doing one of the following: 1. Appeal the administrative order pursuant to California Government Code Section 53069.4 within twenty (20) calendar days after service of the administrative order. Pursuant to Section 53069.4, the appealing party shall serve a copy of the appeal. notice in person or by first class mail upon the District. Appeal notices shall be sent to the District Clerk. If no appeal notice is filed within the twenty (20) calendar day period, the decision shall be deemed confirmed; or 2. File a petition for a writ of mandate pursuant to California Code of Civil Procedure Section 1094.5 et seq. within ninety (90) calendar days after service of the administrative order. Section 1.06.100. Failure to comply. (a) Event Defined. As used in this Section the term "event" shall mean any of the following occurrences: 1. The responsible party fails to either pay the administrative fine or request a hearing within fifteen (15) calendar days from the date the administrative citation is served. 2. The responsible party requests a hearing and fails to appear. 3. The responsible party fails to either comply with the administrative order or seek judicial review of the administrative order. (b) Penalty Fine. The occurrence of an event may result in the District increasing the administrative fine, not to exceed the maximum amounts set forth in Section 1.06.070. ( "penalty fine "). (c) Account Receivable. Upon the occurrence of an event, the District may treat the administrative fine or penalty fine, whichever is applicable, as an account receivable subject to the District's policy for delinquent accounts. receivable. (d) Misdemeanor. An event shall constitute a misdemeanor punishable by a maximum of a One Thousand Dollar ($1,000.00) fine or six (6) months in jail, or both. Section 1.06.110. Collection of Unpaid Fines. (a) The District, at its discretion, may pursue any and all legal and equitable remedies for the collection of unpaid fines, interest and penalties. Pursuit of one remedy does not preclude the pursuit of any other remedies until the total fines, interest and penalties owed by a person under this chapter have been collected. (b) The District may refuse to issue, extend, or renew any permit, license, or other approval to any person who has unpaid delinquent fines, interest, penalties, liens or assessments due under this chapter related to the permit, license, or approval. (c) The District may suspend any permit, license, or approval issued to a person who has unpaid fines related to the permit, license, or approval totaling Five Hundred Dollars ($500.00) or more that have been delinquent for over thirty (30) calendar days. The suspension shall become effective twenty (20) calendar days after the day notice of suspension is placed in the U.S. mail, postage prepaid, addressed to the person and shall continue until the delinquency is paid in full. Continuing to operate under a suspended permit, license or approval shall be grounds for revocation of the permit, license or approval. (d) Any violation of this chapter shall constitute a public nuisance. To compel compliance, the District may seek to abate the nuisance and collect the costs incurred by means of a nuisance abatement lien and /or special assessment against the property where a property- related violation occurred. Any unpaid delinquent civil fines, interest and penalties may be recovered as part of any such lien or special assessment against the property of the responsible party who is the owner of the property where the violation occurred. (1) To pursue an abatement of a code violation as a nuisance and recover the costs, including any delinquent civil fines, interest and penalties as an abatement lien or special assessment, the District may take the following steps: a. Submit to and receive from the Board of Directors a resolution certifying the amounts of the liens and special assessments sought to be collected from each property owner; b. Request the Orange County Recorder to record a notice of any liens, or special assessments, and send the Recorder the resolution certifying the amounts; c. Request the Orange County Tax Collector collect any special assessments certified by the Board of Directors; and d. Take any other necessary action to enforce collection of any liens, or special assessments provided for in this chapter. (2) The District may pursue the lien and special assessment remedies whether or not the District is pursuing any other action to terminate an ongoing code violation that was the basis for the fine. (3) The lien or assessment shall be imposed on the date the citation for the Code violation is issued to the responsible person and becomes effective upon the recording of a Notice of Lien or Assessment by the County Recorder. This notice shall satisfy the notice requirements when an administrative citation is personally served on the responsible patty. In addition, the District shall send notice by first class mail stating the date, time and location of the meeting to each property owner listed in the proposed resolution at least ten (10) days before the Board of Directors considers the resolution and certifies the amounts of the liens and special assessments. (4) A responsible party may contest the amount and /or validity of any lien or assessment for a civil fine at the public hearing to certify the amount of the lien or assessment by the Board of Directors. Such contests shall be limited to the issue of the amount and/or validity of the lien or assessment and may not consider whether the underlying Code violation occurred. Pursuit of such a contest by a responsible party is necessary to exhaust the administrative remedies concerning a legal challenge to the validity of any such lien or assessment. (e) The parent or legal guardian of a responsible party who is a minor shall be liable for any fines imposed upon the minor pursuant to the provisions of this chapter. Any such fines may be collected from the minor, parent or guardian. [DISTRICT LETTERHEAD] October 10, 2010 John D. Responsible Business Owner Grease Pit Restaurant 1717 Seventeenth Street Costa Mesa, CA 92627 SUBJECT: 30 -DAY NOTICE OF CORRECTION VIOLATION: ACCUMULATION OF GREASE IN SEWER LATERAL LOCATION: 1717 SEVENTEENTH STREET The most recent Assessor's Parcel Roll lists you as the owner of the above- referenced property. Close circuit video footage taken on September 9, 2010, reveals an unacceptable accumulation of fats, oils and /or grease in your sewer lateral. Accumulation of fats, oils and grease is a danger to public health because it could cause a blockage of the lateral and lead to a sanitary sewer overflow. Sewer overflows can spill into the streets or escape into the storm drain, which leads to the ocean. Accumulation of fats, oils and grease is not only a threat to public health, it is a violation of the law. Costa Mesa Sanitary District Code of Codified Ordinances Section 7.03.020 provides that the property owner must maintain his or her sewer lateral "in a safe, sanitary and unobstructed condition." You are hereby notified that you must correct the condition noted above by engaging a licensed contractor to clear the blockage of your lateral within 30 days of the date of this letter. If you fail to correct the violation within 30 days you may receive an administrative citation carrying a mandatory fine of $100 per day for the offense. Continued violations may also require the District to increase the fine or pursue other legal remedies to gain compliance. You may review the video of your lateral at the District. You may also be eligible for a sewer lateral assistance grant. For inquires about reviewing your lateral footage or applying for a lateral assistance grant, contact the District at the number shown above. John Q. Law Code Enforcement Inspector Costa Mesa Sanitary District [DISTRICT LETTERHEAD] DEMAND FOR PAYMENT OF ADMINISTRATIVE CITATION [DATE] [VIA PERSONAL DELIVERY OR CERTIFIED MAIL, POSTAGE PREPAID, RETURN RECEIPT REQUESTED] [NAME AND ADDRESS OF EACH VIOLATOR] Dear [NAME OF VIOLATOR]: [NAME AND ADDRESS OF EACH VIOLATOR] On [DATE OF INSPECTION], the Costa Mesa Sanitary District performed an inspection of [REAL PROPERTY or SEWER LATERAL] located at [PROPERTY ADDRESS], referenced by Assessor's Parcel Number [PARCEL NUMBER]. The Costa Mesa Sanitary District determined that you were in violation of its Operations Code, and on [DATE ADMINISTRATIVE CITATION SERVED] you were served with an Administrative Citation and for the following violations: COUNT SECTION TITLE N 3 4 - 1 DESCRIPTION OF VIOLATION The Administrative Citation served on you also cited the Administrative Fine Schedule listing the counts violated and the corresponding fine due within fifteen (15) days of service of the Citation. The Citation stated the schedule as follows: ADMINISTRATIVE FINE SCHEDULE COUNTS _ _ FIRST VIOLATION IN A TWELVE (12) MONTH PERIOD $100.00 PER VIOLATION COUNTS , _ SECOND VIOLATION OF THE SAME OFFENSE IN A TWELVE (12) MONTH PERIOD $200.00 PER VIOLATION COUNTS _ _ THIRD VIOLATION OF THE SAME OFFENSE IN A TWELVE (12) MONTH PERIOD $500.00 PER VIOLATION TOTAL AMOUNT OF ADMINISTRATIVE FINES DUE: $ To date, the Costa Mesa Sanitary District has not received your payment of [TOTAL DUE] for the Administrative Fines due. Payment of Administrative Fines can be made by sending a check, money order or cashier's check payable to the COSTA MESA SANITARY DISTRICT, 628 West 19th Street, Costa Mesa, California 92627 -2716. Payments may also be made at the District's headquarters. FAILURE TO PAY THE FINE MAY RESULT IN A LIEN BEING FILED ON YOUR PROPERTY OR LEGAL ACTION BEING TAKEN AGAINST YOU IN ACCORDANCE WITH COSTA MESA SANITARY DISTRICT OPERATIONS CODE SECTION X.X.XXX. Should you have any questions regarding this matter, please contact the District at (949) 645 -8400. [SIGNATURE OF ENFORCEMENT OFFICIAL] [NAME OF ENFORCEMENT OFFICIAL] 2 COSTA MESA SANITARY DISTRICT APPEAL FORM (must use blue or black ink and print legibly) Name and Address of Person(s) For Once Use Onlx Filing Appeal ( Appellant(s)) 1 2 DATE FILED: WAS APPEAL FILED TIMELY? YES NO DATE APPEALS FEE PAID: DATE OF APPEALS HEARING: Date of Issuance of Administrative Citation: Administrative Citation Number: Name of Issuing Officer: Indicate whether your appeal contests (check all that apply): The existence of the violation cited. _ That you are the party responsible for committing the violation. Provide a brief statement of the specific items protested by you and provide any material facts you believe support your protest: Provide a brief statement of the relief sought by you (e.g., modify or dismiss the Administrative Citation) and the reasons why the Administrative Citation should be rescinded, modified or set aside: Date: Date: Appellant's signature Appellant's signature [DISTRICT LETTERHEAD] NOTICE OF INCOMPLETE FILING OF APPEAL OF ADMINISTRATIVE CITATION [DATE] [VIA CERTIFIED MAIL, POSTAGE PREPAID, RETURN RECEIPT REQUESTED] [NAME AND ADDRESS OF [NAME AND ADDRESS OF EACH APPELLANT] EACH APPELLANT] Re: Notice of Incomplete Filing of Appeal Dear [NAME OF APPELLANT(S)]: PLEASE TAKE NOTICE that the appeal you submitted to the Costa Mesa Sanitary District on [DATE APPEAL FILED] contesting the issuance of an Administrative Citation that was issued to you on [DATE OF ISSUANCE OF CITATION] by [ENFORCEMENT OFFICER] is determined by the District Clerk to be INCOMPLETE for the following reasons: Untimely The appeal was not filed with the District within ten (15) calendar days from the date of service of the administrative citation pursuant to Costa Mesa Sanitary District Operations Code Section 1.06.080(b). No Administrative Fine deposit The Administrate Fine was not deposited at or prior to the date of the filing of the appeal pursuant to Costa Mesa Sanitary District Operations Code Section 1.06.080(d). You may correct this nonconformity if you deposit the Administrative Fine or obtain a hardship waiver from the General Manager within 10 calendar days of the date of this Notice. and /or for the following additional'reasons: FAILURE TO TIMELY AND PROPERLY FILE AN APPEAL TO AN ADMINISTRATIVE CITATION IS A WAIVER OF ALL RIGHTS TO AN ADMINISTRATIVE APPEAL HEARING AND ADJUDICATION OF THE ADMINISTRATIVE CITATION. Should you have any questions regarding this matter, please contact the District at (949) 645 -8400. [SIGNATURE OF DISTRICT CLERK] [NAME OF DISTRICT CLERK] 4 [DISTRICT LETTERHEAD] NOTICE OF ADMINISTRATIVE HEARING DISPOSITION Costa Mesa Sanitary District Regarding Citation(s) # Amount Paid Scott Carroll General Manager Hearing Officer Date of Hearing DISPOSITION: Citation Dismissed Findings: After careful consideration of the oral testimony and /or documentary evidence presented during the administrative hearing, Administrative Citation(s) # is ordered dismissed with a warning. The District Treasurer is to refund any and all penalty fees paid by appellant relevant to the above - referenced citation(s). Date INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY (ISDOC) Saundra Jacobs President QUarteriv Neeiing Thursday, April 29, 2010 11:30 a.m. — 1:00 p.m. .. California Special Districts Association: Why Membership is More Valuable than Ever. NEIL MCCORMICK Executive Officer California Special Districts Association lus... Election of Special District LAFCO Representatives Location: MWDOC / OCWD Joint Board Room 18700 Ward Street, Fountain Valley, CA 92708 Lunch: $16.00 w /Advanced Reservation & Payment Send payment to 258 Sherwood Street, Costa Mesa, C4 92627 $20.00 at the door RSVP: Joan Finnegan at (949) 548 -3690 by Friday, April 23, 2010 18700 Ward Street • Fountain Valley, CA 92708 • (714) 963 -3058 • (714) 964 -5930 fax INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY (ISDOC) Saundra Jacobs President Quarterly Meeting Thursday, April 29, 2010 11:30 a.m. MWDOC /OCWD Joint Board Room 18700 Ward Street, Fountain Valley AGENDA I. Call to Order — Saundra Jacobs II. Pledge of Allegiance III. Reports a. Treasurer's Report — Joan Finnegan b. LAFCO Report — John Withers c. CSDA Report — Arlene Schafer d. OCCOG Report — Phil Anthony e. Legislative Report — David Cordero IV. Announcements V. Election of Special District Representative and Alternate Special District Representative to OC LAFCO. (12:00 p.m.) VI. Program California Special Districts Association (CSDA): Why Membership is More Valuable than Ever. Neil McCormick, Executive Officer, California Special Districts Association VII. Announcement of Election Results VIII. New Business IX. Adjourn * ** The next ISDOC Quarterly Meeting will be Thursday, Julv 29, 2010 from 11:30 a.m. — 1 :00 p.m. 18700 Ward Street • Fountain Valley, CA 92708 • (714) 963 -3058 • (714) 964 -5930 fax 1. t2 %'-Y &ONM IRVINE RANCH WATER DISTRICT March 30, 2010 Ms. Arlene Schafer President of the Board of Directors Costa Mesa Sanitary District 628 West 19'h Street Costa Mesa, CA 92627 -2716 Meeting Date Item Number 04122/10 XV. D. 1. Santa Marigtmita Waterz Distrzict RE: Request for Opportunity to Address Board of Directors Regarding the Election of Representatives to the Local Agency Formation Commission Special District Seats Dear President Schafer: On April 29, 2010, the Independent Special Districts of Orange County will conduct an election for the regular and alternate special district members of the Orange County Local Agency Formation Commission ( LAFCO). Your district's participation in this election is important. As indicated by our attached resumes, collectively, we have been your representatives and advocates for 25 years. We request your agency's support for our re- election and the opportunity to present our qualifications to your Board as you consider this matter at your upcoming April 22, 2010 meeting. Over the last four years of our current terms, we have worked diligently to represent and protect the interests of special districts like yours. We have a detailed understanding of the importance and value provided by special districts. Because of our extensive experience, we have developed solid working relationships with other LAFCO Commissioners and, illustrative of this fact, have received the endorsements of LAFCO Chairman Peter Herzog and Supervisor Bill Campbell. These relationships, developed over a long period of time, are critical to the advocacy efforts of special districts. We are accessible and represent all special districts throughout the County. Our decisions, which always consider your input, are based on sound policy considerations and not the whims of outside interests. It is our understanding that at its March 25, 2010 meeting, the Board took an action to support Richard Freschi and Shawn Dewane as the regular and alternate special district members of the LAFCO. We are requesting an opportunity present our qualifications for these positions at your upcoming Board meeting on April 22, 2010. We also request that ! Ms. Arlene Schafer Costa Mesa Sanitary District March 30, 2010 Page Two an item be placed on the agenda of this meeting where the Board can reconsider the previous action regarding which candidates to support in the April 29th LAFCO election. We believe it would be beneficial for you and your colleagues to hear from the candidates regarding their qualifications and interests in serving on LAFCO. Attached for inclusion in your Board package, if you deem appropriate, is an overview of our recent accomplishments and letters of support. If you need any additional information prior to the meeting, please contact us directly at 949 - 861 -1250 (John) and 949 - 632 -2074 (Charley). We thank you and your colleagues in advance for your consideration and for providing the opportunity at your upcoming meeting to discuss our qualifications and continued representation of your interests. Sincerely, 9(�-Vo- 15. �-� John Withers Irvine Ranch Water District Attachment cc: Costa Mesa Sanitary District Board Members Costa Mesa Sanitary District General Manager Charley Wilson Santa Margarita Water District .! John Withers • Regular District Member of OC LAFCO since 1994 (longest serving Commissioner) • Served as LAFCO Chair (1996, 1997, 2008) • Served on LAFCO Executive Committee (2007, 2008, 2009) • Served as Vice Chair (1995, 1996, 2007) • Served two (2) consecutive years on CALAFCO Executive Board • Provided over 16 years of unmatched professional experience to the LAFCO Board Charley Wilson • Alternate District Member of OC LAFCO since 1999 • Provided 11 years of seasoned, professional experience to OC LAFCO Accomplishments of Commissioners J. Withers & C. Wilson • Oversaw LAFCO's transition to independence from Orange County in accordance with statutory mandate (2001); • Actively involved in selecting an independent auditor to review the agency's revenue and expenditures and provide more transparency of the agency's operations to funding agencies and the public; • During fiscally challenging time, reduced LAFCO budget apportionment for Special Districts /Cities for two consecutive fiscal years (FY 08/09 & FY 09/10). Budget reductions of 15% cumulatively; • Implemented Best Practices Program to highlight best practices used by Special Districts /Cities for enhancing service provision countywide; • Implemented the LAFCO 101 presentations to all Special Districts' Boards and City Councils to: ➢ Inform new Board and City Council members of LAFCO projects and process; ➢ Enhance LAFCO relationship and communication with Board and City Council members; ➢ Increase transparency of LAFCO operations. • Increased availability of CALAFCO University Courses & Meeting Facilitation Services to all Special Districts /Cities; • Supported LAFCO's decision to become a member of CSDA Meeting Date Item Number 04/22/10 XV. E. 1.. COSTA MESA SANITARY DISTRICT RESOLUTION NO. 2010 -778 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICTNOMINATING ARLENE SCHAFER FOR CSDA REGION 6 SEAT B REPRESENTATIVE FOR THE CALIFORNIA SPECIAL DISTRICTS ASSOCIATION (CSDA) WHEREAS, the Elections and Bylaws Committee of the California Special Districts Association (CSDA) has called for nominations for Region 6, Seat B; and WHEREAS, Arlene Schafer is a member of the Costa Mesa Sanitary District and, therefore, qualified to serve as a representative for CSDA Region 6, Seat B; and NOW, THEREFORE, be it resolved that the Board of Directors of the Costa Mesa Sanitary District does hereby nominate Arlene Schafer to represent the California Special Districts Association for Region 6, Seat B. PASSED AND ADOPTED by the Board of Directors of the Costa Mesa Sanitary District at a regular meeting held on April 22, 2010 by the following roll call vote: AYES: NOES ABSENT: Secretary President STATE OF CALIFORNIA ) COUNTY OF ORANGE )SS CITY OF COSTA MESA ) I, Joan Revak, Clerk of the Costa Mesa Sanitary District, hereby certify that the above and foregoing Resolution No. 2010 -778 was duly and regularly passed and adopted by said Board of Directors . at a regular meeting thereof held on the 22nd day of April 2008 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Costa Mesa Sanitary District, this 22nd day of 2010. Clerk of the Costa Mesa Sanitary District CALIFORNIA SPECIAL DISTRICTS ASSOCIATION BOARD OF DIRECTORS NOMINATION. _FORM PLEASE BE SURE THE CANDIDATE'S PHONE NUMBER IS ONE WHERE WE CAN REACH THE CANDIDATE Name of Candidate: Arlene Schafer District: Costa Mesa Sanitary District Mailing Address 628 W. 19th Street Costa Mesa CA 92627 Region: 6 (see attached map) Telephone: 724 - 546 -1429 Fax: 714 - 546 -1429 E -mail: acschafer @ca.rr.com Nominated by (optional): Return this form and a Board resolution/minute action supporting the candidate by fax or mail to: CSDA - Attn: Diana Zavaia 1112 1 Street, Suite 200, Sacramento, CA 95814 (916) 442 - 7887/(916) 442 -7889 fax DEADLINE FOR .RECEIVING NOMINA TIONS - Mav 28, 2010 r1 Meeting Date Item Number 04/22/10 Xlv. B. COST .A `MESS SAJN9`C/�`RYq7,57UC`2' Memorandum To: Board of Directors From: Scott Carroll, General Manager Via: Associate District Counse Date: April 22, 2010 ... an Independent Specid District . Subject: Adoption of an Ordinance Enacting an Administrative Citation Imposing Civil Fines for Violations of District Ordinances Summary Proposed for your consideration is a draft ordinance enacting an administrative citation system for the District's Operations Code. This ordinance allows a code violation to be prosecuted civilly. Because violations would be civil, the offender would not be subjected to criminal sanctions. Staff would still have discretion to cite violations as criminal offenses when appropriate. Staff Recommendation That the Board of Directors provides input on the subject and direct staff to bring back for approval consideration a final draft version of an ordinance that will enact an administrative citation system. Analvsis The Costa Mesa Sanitary District deems all violations of the Operations Code misdemeanors. Violations can be cited and the District Attorney is obligated to prosecute any such citations. In the past five years, no citations have been issued and it is unclear what priority the District Attorney would place on such matters. The proposed administrative citation ordinance would allow certain members of District's staff, and others deemed appropriate, to issue an administrative citation for a code violation. An administrative citation is a civil (i.e., non - criminal) matter, like a parking ticket. The suggested penalties are $250 for the first violation, $500 for the second violation in one year, and $950 for a third violation in one year. ftotecting our community's health and the environment byprmidiing sol dwaste and sewer collection services. wurw. crosdca.gov Board of Directors April 22, 2010 Page 2 of 3 California Government Code Section 53069.4 authorizes the administrative citation system. That Section provides that a local agency may, by ordinance, make any code violation subject to an administrative fine. Violations are broken down into two types: transient and continuing. Transient violations are those that are not continuing in nature, such as the improper placement of trash containers. With the enactment of this ordinance, District officials may issue a civil citation immediately upon discovery of such transient violations. Continuing violations, on the other hand, pertain to building, plumbing, electrical, or other similar structural or zoning issues that do not create an immediate danger to health or safety. These issues would include maintaining a substandard lateral, not maintaining a FOG control device, where such violation does not pose an immediate danger to health or safety. Prior to issuing an administrative citation for a continuing violation, State law requires that our ordinance allow the offender a reasonable period of time to correct the violation. Our ordinance uses 30 days as the standard "reasonable period" to correct any continuing violation. Staff is also vested with discretion to allow a greater time period for correction when necessary. The administrative citation system has the advantage of providing a civil enforcement method to encourage compliance with our Operations Code. It should also produce revenue for the District. Under the administrative process, an offender pays his or her fine directly to the District, and the District keeps the fine, although the District must handle collection. The drawback is that the District must implement a system allowing for due process hearings for persons who wish to .challenge their citation. In that regard, two separate ordinances are offered for review. One version uses a "Hearing Officer' method where the General Manager serves as the Hearing Officer. The other version uses a "Hearing Body" method where the General Manager and two members of the Board of Directors serve as the Hearing Body. The Hearing Body method would allow two members of the Board to serve at the hearing, thus providing greater access and control by the Board, but would also impose scheduling challenges. An offender who does not receive a favorable review during the hearing may appeal to the Superior Court. Lenal Review Associate District Counsel prepared this staff report and the proposed ordinance. Financial Review As mentioned above, this system will generate revenues for the District. It is difficult to estimate the potential revenues because this type of system has never been used before by the District.. However, if the District issues 10 citations and they are upheld by the Hearing Officer or Hearing Body and the offenders do not appeal, the District would generate $2,500. Board of Directors April 22, 2010 Paae 3 of 3 • It is difficult to estimate the expenses that will incur under this new system. If many offenders appeal to the Superior Court, our costs will exceed revenues due to counsel costs for defending the District.. Administrative costs will incur for planning and conducting hearings. Staff estimates it will cost $136 per hearing if the District uses a "Hearing Officer' method. Committee Recommendation Not applicable Public Notice Process This item has been properly agendized in accordance with the Ralph M. Brown Act and shall be published once in a newspaper published in within the District's boundaries after adoption in accordance with Health and Safety Code Sections 6491.3. and 6490. Copies of this report are on file with the entire agenda packet at District Headquarters. Alternative Actions 1. Adopt either version of the Administrative Citation Ordinance. Once adopted, code violations will generally be prosecuted administratively. 2. Reject the Administrative Citation Ordinance thereby, maintaining the status quo and relying on criminal enforcement of City of Costa Mesa Code Enforcement or our own enforcement officer with prosecution through the District Attorney's office. 3. Suggest changes to one of the Administrative Citation Ordinances such as increasing or decreasing the fine, and direct Staff to bring an amended ordinance back for a first read. Attachment: Proposed Administration Citation Code L.J Chapter 1.06 - Administrative Citations Section 1.06.010. Applicability. (a) This chapter subjects any violation of the provisions of this Operations Code to administrative fines. (b) This chapter establishes the administrative procedures that shall govern the imposition, enforcement, collection, and administrative review of the administrative fines pursuant to Government Code Section 53069.4. (c) The issuance of an administrative citation under this chapter is solely at the discretion of the Enforcement Official and is one option the Costa Mesa Sanitary District has to address violations of this code. The procedures established in this chapter shall supplement and be in addition to any criminal, civil or other remedy established by law or under the provisions of this code to address violations of this Operations Code or violations of any other Costa Mesa Sanitary District ordinance. Issuance of an administrative citation shall be cumulative to, and shall not limit or be deemed a waiver of, the use of any other remedy. (d) The purpose of issuing administrative citations pursuant to this chapter is to encourage compliance with the provisions of this code. • (e) This chapter is intended to impose strict administrative liability on responsible parties for violations of this code. 0 Section 1.06.020. Definitions. "Correction Condition" shall mean a code violation that pertains to a continuing plumbing, sewer, sanitary, or similar structural or zoning violation that does not create an immediate danger to health or safety. "Enforcement Official" shall mean any officer, employee, agent, or independent contractor with authority to enforce the Operations Code of the Costa Mesa Sanitary District or any other code or ordinance adopted by the Costa Mesa Sanitary District. "Responsible Party" shall mean any of the following: (1) A person who causes a code violation to occur. (2) A person who maintains or allows a code violation to continue by his, her or its action or failure to act. (3) A person whose agent, employee or independent contractor causes a code violation by its action or failure to act. • (4) A person who is the owner of, lessee or sublessee with a current right of possession of, real property where a property - related code violation occurs. (5) The owner, operator or other person in charge of a business where a code violation occurs. (6) A person who is the beneficiary under a deed of trust for property where a property - related code violation exists. "Person" shall mean a natural person, legal entity, business, corporation, trust, or other entity and shall also include the owners, majority shareholders, corporate officers, trustees and general partners of any legal entity, business, corporation, trust or other entity. Section 1.06.030. Administrative Citation Generally. (a) Issuance: An Enforcement Official, upon making a determination that any provision of this Operations Code or any other Costa Mesa Sanitary District Ordinance has been violated, has authority to issue an administrative citation to a responsible party or parties for the violation. An Enforcement Official may issue an administrative citation for a violation that is not committed in the Enforcement Official's presence if the Enforcement Official has determined that the responsible party committed a code violation. (b) Content. An administrative citation shall contain the following information: 0 (1) Name of the responsible party. (2) Date of violation. (3) Code section violated. (4) Address or other location where the violation occurred. (5) Description of the violation. (6) Amount of the fine. (7) Procedure to pay the fine. (8) Warning that a failure to make a timely payment of the fine will result in a late payment penalty. (9) Description of the procedure for requesting an administrative review to contest the administrative citation. (10) Description of the procedure for requesting a waiver of the fine deposit. . 0 (11) Date the citation is issued. (12) Signature of the Enforcement Official issuing the citation. (13) A notice that unpaid fines, interest and penalties are subject to the assessment and lien collection procedures of this Chapter. (c) Service. An administrative citation may be served by any of the following methods: . (1) Personal Service. An Enforcement Official may personally serve the citation on the responsible party. If reasonably available, the Enforcement Official should obtain the signature of the responsible party. The failure of the Enforcement Official to request or obtain the signature of the responsible party shall not invalidate the service of the administrative citation and shall not invalidate the administrative citation. (2) Mail. An Enforcement Official may mail the administrative citation by first class mail if the responsible party is not present for personal service when the Enforcement Official determines there has been a violation. The administrative citation shall be mailed to the responsible party's address as shown on the county's last equalized assessment roll for a property- related violation, or to any address known for the responsible party for all other violations. Service by mail shall be deemed to have been completed at the time of deposit in the U.S. Mail in a fully addressed envelope, postage prepaid. (3) Posting. An Enforcement Official may post a copy of the administrative citation on the property in a conspicuous place for a property- related violation when the responsible party resides at an unknown address other than where the violation occurs. A copy of the administrative citation will also be mailed to the responsible party at the property address. (4) Other manners of service. An administrative citation may be served on the responsible party in any manner provided for service of summons. Section 1.06.040. Administrative Citation Timing. Except as provided in Section 1.06.050, an administrative citation may be issued immediately and without a prior warning for any violation of this Operations Code or any other District ordinance. Section 1.06.050. Administrative Citation for Continuing Plumbing, Sewer. Sanitary, or Similar Structural or Zoning Violations that Do Not Create an Immediate Hazard. (a) Applicability of this Section. This Section shall only apply to a correction condition(s). (b) Correction Period. A responsible party shall have thirty (30) calendar days to correct or remedy a correction condition prior to the issuance of an administrative citation. A correction period longer than thirty (30) calendar days may be granted if deemed necessary by the Enforcement Official. • (c) Correction Notice. Upon discovery of a correction condition, the Enforcement Official shall issue a written correction notice to the responsible party or parties. The correction notice shall refer to the code section(s) violated and describe how that code section(s) was violated. The correction notice shall also describe the action necessary to correct the violation(s) and state the final date by which the correction must be completed, which shall not be less than thirty (30) calendar days from the date the correction notice is issued. In addition, the correction notice shall include a warning that failure to correct the violation may result in the imposition of an administrative fine and shall state the amount of the fine imposed for the violation. (d) Procedure Upon Expiration of Correction Period. If the responsible party remedies the correction condition within the period set forth in the correction notice, the Enforcement. Official shall issue the responsible party a notice of compliance. If the responsible party does not remedy the correction condition within the period set forth in the correction notice, the Enforcement Official may issue an administrative citation. Section 1.06.060. Responsible Party's Obligations. Within fifteen (15) calendar days from the date the administrative citation is served by any of the methods of service specified in Subsection (c) of Section 1.06.030,.a responsible party shall (i) pay the fine amount designated on the administrative citation; or (ii) make a written request for an administrative hearing. • Section 1.06.070. Administrative Fine. (a) Amount. Fines for administrative citations shall be assessed in the following amounts: (1) A fine not exceeding Two Hundred Fifty Dollars ($250.00) for a first violation; (2) A fine not exceeding Five Hundred Dollars ($500.00) for a second violation of the same ordinance or permit within one year from the. date of the first violation; (3) A fine not exceeding Nine Hundred Fifty Dollars ($950.00) for each additional violation of the same ordinance or permit within one year from the date of the first violation. (b) Continuing Violation. Each and every day during any portion of which any ordinance violation is committed, continued, maintained or permitted shall constitute a separate offense. (c) Payments. If the responsible party does not make a timely request for a hearing, he, she or it must pay the administrative fine directly to the Costa Mesa Sanitary District within fifteen (15) calendar days from the date the administrative citation is issued. Payment of a fine shall not excuse or discharge the failure to correct the violation(s) nor shall it bar further enforcement action by the District. (d) No Waiver. Under no circumstances shall the payment of the administrative fine constitute a waiver of the responsibly party's right to a hearing. Therefore, a responsible party may pay the administrative fine within the fifteen (15) calendar day period and also obtain a hearing to protest the imposition of the administrative fine, provided that the responsible party makes a timely request for a hearing. (e) Obligation to Correct Violation. Nothing in this chapter shall be interpreted to mean that because a responsible party has paid the administrative fine he, she or it is not required to correct the ordinance violation. If the responsible party fails to correct the violation(s), subsequent administrative citations may be issued for the same violation(s). The amount of the fine for failure to correct the violation shall increase at a rate specified in this chapter. Section 1.06.080. Administrative hearing. [FIRST OPTION] (a) Purpose. It is the purpose and intent of the Board of Directors to afford due process of law to any person who is issued an administrative citation. (b) Request for Hearing. Within fifteen (15) calendar days from the date the administrative citation is served, the responsibly party must make a written request for a hearing, together with an advanced deposit of the fine. Any administrative citation fine which has been deposited shall be refunded if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation(s) or that there was no violation(s) as charged in the administrative citation. (c) Hearing Officer. 1. The General Manager shall serve as the Hearing Officer or may appoint a person or persons who shall preside at the hearing and hear all facts and testimony presented and deemed appropriate ( "Hearing Officer "). 2. The employment, performance, evaluation, compensation and benefits of the Hearing Officer, if any, shall not be directly or indirectly conditioned upon the amount of the administrative citation fines upheld by the Hearing Officer. 3. Any person designated to serve as a Hearing Officer is subject to disqualification for bias, prejudice, interest, or for any other reason for which a judge may be disqualified pursuant to Code of Civil Procedure Section 170.1. The responsible party may challenge the Hearing Officer's impartiality by filing a statement with the General Manager objecting to the Hearing before the Hearing Officer and setting forth the grounds for disqualification. (d) Administrative Hearing Procedures. 1. No hearing to contest an administrative citation before a Hearing Officer shall be held unless and until a request for hearing form has been completed and submitted and the fine has been deposited in advance. The fine deposit may be waived by the General Manager upon a showing of financial hardship. 2. The administrative citation and any additional documents submitted by the Enforcement Official shall constitute prima facie evidence of the respective facts contained in • those documents and the Enforcement Official shall not be required to attend the administrative hearing but may attend the hearing in his or her discretion. (e) Administrative Order. 1. Within fifteen (15) calendar days of the conclusion of the hearing, the Hearing Officer shall provide the responsible party with a decision in writing ( "administrative order"). The Hearing Officer shall provide the responsible party with the administrative order by personal service or by registered or certified mail to the responsible party's last known address. 2. The administrative order shall contain the Hearing Officer's findings of fact and conclusions and the procedure described in Section 1.06.090 for seeking judicial review. 3. A decision in favor of the responsible parry shall constitute a dismissal of the administrative citation. The District shall return any monies paid by the responsible party towards the dismissed administrative citation. 4. The Hearing Officer's decision is final. (f) Failure to Attend Administrative Hearing. 1. Waiver of Right to Hearing. The responsible party's failure to appear at a hearing shall constitute a waiver of the right to a hearing and shall be presumed an admission,of guilt to • the code violation(s) indicated on the administrative citation. 2. Good Cause. Upon a showing of good cause by the responsible party, the Hearing Officer may excuse the responsible party's failure to appear at the hearing and reschedule the hearing. Under no circumstances shall the hearing be rescheduled more than once unless the responsible party pays a deposit in the amount of the administrative fine. Nothing in this subsection shall be interpreted to mean the responsible party is excused from the requirement of paying the administrative fine or appearing at a hearing. Section 1.06.080. Administrative hearing. [SECOND OPTION] (a) Purpose. It is the purpose and intent of the Board of Directors to afford due process of law to any person who is issued an administrative citation. (b) Request for Hearing. Within fifteen (15) calendar days from the date the administrative citation is served, the responsibly party must make a written request for a hearing, together with an advanced deposit of the fine. Any administrative citation fine which has been deposited shall be refunded if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation(s) or that there was no violation(s) as charged in the administrative citation. (c) Hearing Body. is 1. The General Manager and two members of the Board of Directors shall serve as the Hearing Body or the General Manager may appoint a person or persons who shall preside at the hearing and hear all facts and testimony presented and deemed appropriate ( "Hearing Body "). 2. The employment, performance, evaluation, compensation and benefits of members of the Hearing Body, if any, shall not be directly or indirectly conditioned upon the amount of the administrative citation fines upheld by the Hearing Body. 3. Any person designated to serve on the Hearing Body is subject to disqualification for bias, prejudice, interest, or for any other reason for which a judge may be disqualified pursuant to Code of Civil Procedure Section 170.1. The responsible party may challenge the impartiality of any member of the Hearing Body by filing a statement with the General Manager objecting to the Hearing before the member of the Hearing Body and setting forth the grounds for disqualification. (d) Administrative Hearing Procedures. 1. No hearing to contest an administrative citation before a Hearing Body shall be held unless and until a request for hearing form has been completed and submitted and the fine has been deposited in advance. The fine deposit may be waived by the General Manager upon a showing of financial hardship. 2. The administrative citation and any additional documents submitted by the • Enforcement Official shall constitute prima facie evidence of the respective facts contained in those documents and the Enforcement Official shall not be required to attend the administrative hearing but may attend the hearing in his or her discretion. (e) Administrative Order. 1. Within fifteen (15) calendar days of the conclusion of the hearing, the Hearing Body shall provide the responsible party with a decision in writing ( "administrative order "). The Hearing Body shall provide the responsible party with the administrative order by personal service or by registered or certified mail to the responsible party's last known address. 2. The administrative order shall contain the Hearing Body's findings of fact and conclusions and the procedure described in Section 1.06.090 for seeking judicial review. 3. A decision in favor of the responsible party shall constitute a dismissal of the administrative citation. The District shall return any monies paid by the responsible party towards the dismissed administrative citation. 4. The Hearing Body's decision is final. (f) Failure to Attend Administrative Hearing. n 1. Waiver of Right to Hearing. The responsible party's failure to appear at a hearing shall constitute a waiver of the right to a hearing and shall be presumed an admission of guilt to the code violation(s) indicated on the administrative citation. 2. Good Cause. Upon a showing of good cause by the responsible party, the Hearing Body may excuse the responsible party's failure to appear at the hearing and reschedule the hearing. Under no circumstances shall the hearing be rescheduled more than once unless the responsible party pays a deposit in the amount of the administrative fine. Nothing in this subsection shall be interpreted to mean the responsible party is excused from the requirement of paying the administrative fine or appearing at a hearing. Section 1.06.090. Judicial review. If an administrative order is rendered in favor of the District, the responsible party may seek judicial review of the administrative order in the Orange County Superior Court, Harbor Justice Center, by doing one of the following: 1. Appeal the administrative order pursuant to California Government Code Section 53069.4 within twenty (20) calendar days after service of the administrative order. Pursuant to Section 53069.4, the appealing party shall serve a copy of the appeal notice in person or by first class mail upon the District. Appeal notices shall be sent to the District Clerk. If no appeal notice is filed within the twenty (20) calendar day period, the decision shall be deemed confirmed; or 2. File a petition for a writ of mandate pursuant to California Code of Civil Procedure Section 1094.5 et seq. within ninety (90) calendar days after service of the administrative order. Section 1.06.100. Failure to comply. (a) Event Defined. As used in this Section the term "event" shall mean any of the following occurrences: 1. The responsible party fails to either pay the administrative fine or request a hearing within fifteen (15) calendar days from the date the administrative citation is served. 2. The responsible party requests a hearing and fails to appear. 3. The responsible party fails to either comply with the administrative order or seek judicial review of the administrative order. (b) Penalty Fine. The occurrence of an event may result in the District increasing the administrative fine, not to exceed the maximum amounts set forth in Section 1.06.070. ( "penalty fine "). (c) Account Receivable. Upon the occurrence of an event, the District may treat the administrative fine or penalty fine, whichever is applicable, as an account receivable subject to the District's policy for delinquent accounts receivable. • (d) Misdemeanor. An event shall constitute a misdemeanor punishable by a maximum of a One Thousand Dollar ($1,000.00) fine or six (6) months in jail, or both. Section 1.06.110. Collection of Unpaid Fines. (a) The District, at its discretion, may pursue any and all legal and equitable remedies for the collection of unpaid fines, interest and penalties. Pursuit of one remedy does not preclude the pursuit of any other remedies until the total fines, interest and penalties owed by a person under this chapter have been collected. (b) The District may refuse to issue, extend, or renew any permit, license, or other approval to any person who has unpaid delinquent fines, interest, penalties, liens or assessments due under this chapter related to the permit, license, or approval. (c) The District may suspend any permit, license, or approval issued to a person who has unpaid fines related to the permit, license, or approval totaling Five Hundred Dollars ($500.00) or more that have been delinquent for over thirty (30) calendar days. The suspension shall become effective twenty (20) calendar days after the day notice of suspension is placed in the U.S. mail, postage prepaid, addressed to the person and shall continue until the delinquency is paid in full. Continuing to operate under a suspended permit, license or approval shall be grounds for revocation of the permit, license or approval. (d) Any violation of this chapter shall constitute a public nuisance. To compel compliance, the District may seek to abate the nuisance and collect the costs incurred by means of a nuisance abatement lien and/or special assessment against the property where a property- related violation occurred. Any unpaid delinquent civil fines, interest and penalties may be recovered as part of any such lien or special assessment against the property of the responsible party who is the owner of the property where the violation occurred. (1) To pursue an abatement of a code violation as a nuisance and recover the costs, including any delinquent civil fines, interest and penalties as an abatement lien or special assessment, the District may take the following steps: a. Submit to and receive from the Board of Directors a resolution certifying the amounts of the liens and special assessments sought to be collected from each property owner; b. Request the Orange County Recorder to record a notice of any liens, or special assessments, and send the Recorder the resolution certifying the amounts; c. Request the Orange County Tax Collector collect any special assessments certified by the Board of Directors; and d. Take any other necessary action to enforce collection of any liens, or special assessments provided for in this chapter. • • (2) The District may pursue the lien and special assessment remedies whether or not the District is pursuing any other action to terminate an ongoing code violation that was the basis for th e fine. (3) The lien or assessment shall be imposed on the date the citation for the Code violation is issued to the responsible person and becomes effective upon the recording of a Notice of Lien or Assessment by the County Recorder. This notice shall satisfy the notice requirements when an administrative citation is personally served on the responsible party. In addition, the District shall send notice by first class mail stating the date, time and location of the meeting to each property owner listed in the proposed resolution at least ten (10) days before the Board of Directors considers the resolution and certifies the amounts of the liens and special assessments. (4) A responsible party may contest the amount and/or validity of any lien or assessment for a civil fine at the public hearing to certify the amount of the lien or assessment by the Board of Directors. Such contests shall be limited to the issue of the amount and/or validity of the lien or assessment and may not consider whether the underlying Code violation occurred. Pursuit of such a contest by a responsible party is necessary to exhaust the administrative remedies concerning a legal challenge to the validity of any such lien or assessment. . (e) The parent or legal guardian of a responsible party who is a minor shall be liable for any fines imposed upon the minor pursuant to the provisions of this chapter. Any such fines may be collected from the minor, parent or guardian. n �J • [DISTRICT LETTERHEAD] October 10, 2010 John D. Responsible Business Owner Grease Pit Restaurant 1717 Seventeenth Street Costa Mesa, CA 92627 SUBJECT: 30 -DAY NOTICE OF CORRECTION VIOLATION: ACCUMULATION OF GREASE IN SEWER LATERAL LOCATION: 1717 SEVENTEENTH STREET The most recent Assessor's Parcel Roll lists you as the owner of the above - referenced property. Close circuit video footage taken on September 9, 2010, reveals an unacceptable accumulation of fats, oils and/or grease in your sewer lateral. Accumulation of fats, oils and grease is a danger to public health because it could cause a blockage of the lateral and lead to a sanitary sewer overflow. Sewer overflows can spill into the streets or escape into the storm drain, which leads to the ocean. • Accumulation of fats, oils and grease is not only a threat to public health, it is a violation of the law. Costa Mesa Sanitary District Code of Codified Ordinances Section 7.03.020 provides that the property owner must maintain his or her sewer lateral "in a safe, sanitary and unobstructed condition." You are hereby notified that you must correct the condition noted above by engaging a licensed contractor to clear the blockage of your lateral within 30 days of the date of this letter. If you fail to correct the violation within 30 days you may receive an administrative citation carrying a mandatory fine of $100 per day for the offense. Continued violations may also require the District to increase the fine or pursue other legal remedies to gain compliance. You may review the video of your lateral at the District. You may also be eligible for a sewer lateral assistance grant. For inquires about reviewing your lateral footage or applying for a lateral assistance grant, contact the District at the number shown above. John Q. Law Code Enforcement Inspector Costa Mesa Sanitary District • 0 [DISTRICT LETTERHEAD] DEMAND FOR PAYMENT OF ADMINISTRATIVE CITATION [DATE] [VIA PERSONAL DELIVERY OR CERTIFIED MAIL, POSTAGE PREPAID, RETURN RECEIPT REQUESTED] [NAME AND ADDRESS OF EACH VIOLATOR] [NAME AND ADDRESS OF EACH VIOLATOR] Dear [NAME OF VIOLATOR]: On [DATE OF INSPECTION], the Costa Mesa Sanitary District performed an inspection of [REAL PROPERTY or SEWER LATERAL] located at [PROPERTY ADDRESS], referenced by Assessor's Parcel Number [PARCEL NUMBER]. The Costa Mesa Sanitary District determined that you were in violation of its Operations Code, and on [DATE ADMINISTRATIVE CITATION SERVED] you were served with an Administrative Citation and for the following violations: COUNT SECTION TITLE DESCRIPTION OF VIOLATION 1 - 2 - 3 - 4 _ 0 1 The Administrative Citation served on you also cited the Administrative Fine Schedule listing the counts violated and the corresponding fine due within fifteen (15) days of service of the Citation. The Citation stated the schedule as follows: ADMINISTRATIVE FINE SCHEDULE COUNTS _ _ FIRST VIOLATION IN A TWELVE (12) MONTH PERIOD COUNTS _ _ _ SECOND VIOLATION OF THE SAME OFFENSE IN A TWELVE (12) MONTH PERIOD COUNTS _ THIRD VIOLATION OF THE SAME OFFENSE IN A TWELVE (12) MONTH PERIOD TOTAL AMOUNT OF ADMINISTRATIVE FINES DUE: $100.00 PER VIOLATION $200.00 PER VIOLATION $500.00 PER VIOLATION To date, the Costa Mesa Sanitary District has not received your payment of [TOTAL DUE] for the Administrative Fines due. Payment of Administrative Fines can be made by sending a check, money order or cashier's check payable to the COSTA MESA SANITARY DISTRICT, 628 West 19th Street, Costa Mesa, California 92627 -2716. Payments may also be made at the District's headquarters. FAILURE TO PAY THE FINE MAY RESULT IN A LIEN BEING FILED ON YOUR PROPERTY OR LEGAL ACTION BEING TAKEN AGAINST YOU IN ACCORDANCE WITH COSTA MESA SANITARY DISTRICT OPERATIONS CODE SECTION X.X.XXX. Should you have any questions regarding this matter, please contact the District at (949) • 645 -8400. [SIGNATURE OF ENFORCEMENT OFFICIAL] [NAME OF ENFORCEMENT OFFICIAL] 2 COSTA MESA SANITARY DISTRICT APPEAL FORM (must use blue or black ink and print legibly) Name and Address of Person(s) For ice Use Only: Filing Appeal (Appellant(s)) 1. 2. DATE FILED: WAS APPEAL FILED TIMELY? _ YES _ NO DATE APPEALS FEE PAID: DATE OF APPEALS HEARING: Date of Issuance of Administrative Citation: Administrative, Citation Number: Name of Issuing Officer: Indicate whether your appeal contests (check all that apply): The existence of the violation cited. _ That you are the party responsible for committing the violation. Provide a brief statement of the specific items protested by you and provide any material facts you believe support your protest: Provide a brief statement of the relief sought by you (e.g., modify or dismiss the Administrative Citation) and the reasons why the Administrative Citation should be rescinded, modified or set aside: Date Date: . • Appellant's signature Appellant's signature [DISTRICT LETTERHEAD] 0 NOTICE OF INCOMPLETE FILING OF APPEAL OF ADMINISTRATIVE CITATION [DATE] [VIA CERTIFIED MAIL, POSTAGE PREPAID, RETURN RECEIPT REQUESTED] [NAME AND ADDRESS OF [NAME AND ADDRESS OF EACH APPELLANT] EACH APPELLANT] Re: Notice of Incomplete Filing of Appeal Dear [NAME OF APPELLANT(S)]: PLEASE TAKE NOTICE that the appeal you submitted to the Costa Mesa Sanitary District on [DATE APPEAL FILED] contesting the issuance of an Administrative Citation that was issued to you on [DATE OF ISSUANCE OF CITATION] by [ENFORCEMENT OFFICER] is determined by the District Clerk to be INCOMPLETE for the following reasons: Untimely The appeal was not filed with the District within ten (15) calendar days from the date of service of the administrative citation pursuant to Costa Mesa Sanitary District Operations Code Section 1.06.080(b). No Administrative Fine deposit The Administrate Fine was not deposited at or prior to the date of the filing of the appeal pursuant to Costa Mesa Sanitary District Operations Code Section 1.06.080(d). You may correct this nonconformity if you deposit the Administrative Fine or obtain a hardship waiver from the General Manager within 10 calendar days of the date of this Notice. and /or for the following additional reasons: FAILURE TO TMIELY AND PROPERLY FILE AN APPEAL TO AN ADMNISTRATIVE CITATION IS A WAIVER OF ALL RIGHTS TO AN ADMINISTRATIVE APPEAL HEARING AND ADJUDICATION OF THE ADMINISTRATIVE CITATION. Should you have any questions regarding this matter, please contact the District at (949) 645 -8400. [SIGNATURE OF DISTRICT CLERK] [NAME OF DISTRICT CLERK] C7 0 2 • [DISTRICT LETTERHEAD] NOTICE OF ADMINISTRATIVE HEARING DISPOSITION Costa Mesa Sanitary District Regarding Citation(s) # Amount Paid $ Scott Carroll General Manager Hearing Officer Date of Hearing DISPOSITION: Citation Dismissed • Findings: After careful consideration of the oral testimony and /or documentary evidence presented during the administrative hearing, Administrative Citation(s) # is ordered dismissed with a warning. The District Treasurer is to refund any and all penalty fees paid by appellant relevant to the above - referenced citation(s). Date •