Loading...
Agenda Packets - Board - 2010-08-26• Costa Mesa SM ar,�,2 !w ` ` ri ic . an Independent Special District Robert ®oten Vice President James Ferryman Director AGENDA Arlene Schafer President r,of the public may addres Gary Monahan ,Secretary Arthur ]Perry Director the "limit their remarks t6 three minutes or as.decided ,,upoh by the !Pre the-- ,ngh't.to'declareany speaker out of. order. Obtaining "Agenda `Materials The`-,public is entitled to, copies; Mesa, Califomia.- The�Clerk'of the District may.be'contacted at;,(9 Jiih ADA:, Coritact Joan,Revak, (949) 645 -8400 48`hours prior` 35;1 -1 o4 ADAiTitle II). a majority of as at' 628 W: A. 2211'. assistance -is Regular Meeting — Thursday, August 26, 2010 RECOMMENDED ACTION I. CALL TO ORDER— 5:30 p. 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. PRESENTATION BY CR &R ON CONVERSION TECHNOLOGY • Protecting our community's health by providing solid waste and sewer collection services. www.crosdcagov Costa Mesa S a.hitars istylct AGENDA August 26, 2010 Page 2 RECOMMENDED ACTION VII. 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. Reports A. Minute Approval 1. Sewer System Committee Meeting —July 13, 2010 I:] 2. Recycling Committee Meeting —July 19, 2010 3. Regular Board of Directors Meeting — July 22, 2010 B. Operations Manager's. Reports 1. . CMSD Occurrences FY 2000 -2010 2. Refunds 3. Occupancy Report and payment to Costa Mesa Disposal —July 2010 4. Waste Diversion Report —July 2010 5. Contract Payment to CR Transfer for Recycling Services & Disposal for July 2010 6. Ordinance Enforcement Officer's Report C. Engineer's Reports 1. Project Status Report 2. Howard S. Wright Contractors Invoice in the amount of $40,522.77 D. Treasurer's Reports 1. Financial Reports as of July 31, 2010 2. Investment Report as of July 31, 2010 3. Warrant Register for the month of July 2010 in the amount of $1,294,937.75 Accept Report No Refunds Approve Receive & File Ratify Payment Receive & File Receive & File Ratify Payment Approve Approve Ratify Payments 4. Directors' Compensation and Reimbursement of Expenses for the Approve. Compensation • Month of July 2010 & Ratify Expenses -------------------------------------- - - - - -- -END OF CONSENT CALENDAR Protecting our community's keald and tfie environment by providing solid waste and sewer collection services. www.crosdcagov Costa Mesa Sramitaq Dist -rict August 26, 2010 AGENDA gage 3. RECOMMENDED �. ACTION WRITTEN COMMUNICATIONS IX. PUBLIC COMMENTS X. GENERAL MANAGER'S REPORTS A. Emergency Operations Plan Adopt B. Agreement with City of Costa Mesa for Fleet Maintenance Approve Agreement C. Purchasing Ordinance 1. Resolution No. 2010 -789 — Electing to Become Subject to the Adopt Resolution California Uniform Public Construction Cost Accounting Act 2. Ordinance No. 78 — Repealing Chapter 4.05 from the Operations Adopt Ordinance Code & Establishing a new Ordinance for Competitive Bidding and Purchasing D. Update Operations Code Consider 1. Ordinance No. 79 — Adopting a Revised Operations Code Adopt Ordinance 0 E. Refuse Recycling Collection Study Accept Report F. CR &R Evaluation Report Accept Report XI. RECYCLING COMMITTEE A. Meeting of Monday, August 23, 2010 has been cancelled XII. ENGINEER'S REPORTS A. Project #171 Irvine Force Main Rehabilitation — Proposal to Begin Design Phase Approve B. Project #185 System Wide Sewer Reconstruction Phase I — Proposal Approve to Begin Design Phase XIII. SEWER SYSTEM COMMITTEE A. Tuesday, August 17, 2010, 9:00 a.m. - Accept Report CMSD Board Room, 628 W. 19'" 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. Protecting our community's health and the environment by providing so .lid waste andsewer collection services. www.crosdcagov, Costa Mesa Samta-q District AGENDA • XIV. TREASURER'S REPORTS A. Auditor Communication Regarding 2009 -2010 Audit XV. ATTORNEY'S REPORTS A. HUB v. City of Compton B. Government Code Section 53065.5 XVI. CLERK OF THE DISTRICT REPORTS XVII 0 • A. 2010 Large Item Collection B. Election — 2010 August 26, 2 ®1® Page 4 RECOMMENDED ACTION Accept Report Accept Report Accept Report Accept Report Accept Report 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) B. Santa Ana River Flood Protection Agency (SARFPA) (Director Perry) C. Independent Special Districts of Orange County (ISDOC) (President Schafer) D. Local Agency Formation Commission (LAFCO) (President Schafer) E. California Special Districts Association (CSDA) (President Schafer) F. California Association of Sanitation Agencies (CASA) 1. CASA Annual Conference —August 18 -21, 2010 (President Schafer, Directors Ooten, Ferryman & Perry & General Manager Scott Carroll) G. Other Meetings Qualifying for Reimbursement under CMSD . Ordinance No. 55, Operations Code Section 3.01.030 Accept Report Accept Report Accept Report Accept Report Accept Report Accept Report Accept Report Report on Matters Pertaining to CMSD Protecting our community's health and the environment by providing solid waste and sewer coflection services. www.cmsdca.gov. Costa Mesa Samta-q District AGENDA • XVIII. OLD BUSINESS XIX. NEW BUSINESS A. Change of December 23, 2010 Regular Meeting Date B. Vacant Director's Seat on SDRMA's Board of Directors C. ISDOC Call for Candidates for Executive Committee XX. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS XXI. ADJOURNMENT • is August 26, 2010 Page 5 RECOMMENDED ACTION Consider Consider Consider Protecting our community's health and the environment by providing solid waste and sewer co(Iection semices. v&M.crosdcagov Meeting Date Item Number 08126/10 1 vi.... 0 June 1, 2010 Arlene Schafer, President Robert Ooten, Vice President Gary Secretary Jim Ferryman, Director Arthur Perry, Director Costa Mesa Sanitary District 628 W. 19th Street Costa Mesa, CA 92627 -2716 Subject: Update on Conversion Technology Dear President and Board Members: It has been more than one year since I last updated the District on the status of CR &R's efforts. to develop the use of anaerobic digestion technology on the path towards zero waste. As you may recall, I made a presentation to the Board and at that time I indicated that I would report back on the progress and estimated cost of the technology. I thought it would be only a matter of a few months when I would have this information. As it has turned out we are still in the process of refining the technology and establishing definitive cost estimates for a first plant. As I explained when we last met, CR &R together with Arrow Bio (a foreign anaerobic digester firm), Siemens, and Purac of Sweden had responded to an RFP by the City of Los Angeles to develop an emerging technology for the City. The review and selection process went on for over two years. Last November, after an exhaustive evaluation of the technologies from all over the world, CR &R was selected to build a project for the City of LA under a 20 -year service contract. This contract is in final negotiation. In early May, after a two- year'review, CR &R was selected as one of three companies, to enter into a Memorandum of Understanding (MOU) with Los Angeles County to develop an alternative technology to landfill. Under the MOU, CR &R and LA County will jointly work to develop a 150 ton per day Anaerobic Digester (AD) system, to be co- located with CR &R's Perris MRF/ Transfer station. Under the MOU, LA County will assist CR &R in obtaining grant funding for the project. Although these solicitations and the subsequent awards have involved a great deal of CR &R's time and energy, we. have remained focused on creating an opportunity for the Costa Mesa Sanitation District to be an early implementer of our technology. In order to prepare for this possibility, CR &R, at its own initiative and expense has undertaken the following projects: • We are adding a 66,000 square foot building at CR Transfer in Stanton to completely enclose that operation and enable us to prepare feedstock for anaerobic digestion from our contract cities in Orange County. This is a $4.5 million capital expansion. This project is under construction and will be completed CR &R INCORPORATED in the next couple months. 92 WESTERN AVE. p BOX 125 TON, CA 90680 800.826.9677 714.826.9049 714.890.6347 Fax CRRWASTESERVICES.COM 'ec cled pope CR &R completed a $4 million in capital improvements in 2009 -2010 at its Perris r MRF/Transfer facility as part of a major three -phase expansion of that facility to enable it to receive an additionall,200 tons per day (3,000 tons per day total) and to build what will be the first mixed waste AD system in California. Off -site improvements including a new boulevard, a 12 foot high concrete wall screening the 52 -acre Perris facility from adjacent land uses, a new entrance, and vehicle scales and utilities have been installed to the site of the AD facility. These improvements are prerequisites for building an AD facility at Perris. • CR &R has developed plans that are under review by the Perris building department for a 40,000 square foot expansion of the existing MRF transfer facility to create a receiving and processing area for material brought to Perris from CR Transfer. We expect to complete this $2 million expansion by the first quarter of 2011. CR &R submitted a proposal to the California Energy Commission for $5.5 million to assist CR &R in developing the energy component of the AD system that will enable us to clean up the biogas to pipeline quality natural gas. We will inject this gas into The Gas Company's distribution line and wheel it with the marketing help of Shell of North America to our natural gas fueling station that is under construction in Garden Grove We believe that funding may be forthcoming from the Commission and that we have a good opportunity to capture funding for the project. CR &R's CNG station currently under construction in Garden Grove will be able to time -fuel 50 trucks. Some 34 natural gas vehicles serving the City of Orange will be the initial users of this facility. CR &R will commit the balance of this station's fueling capacity to facilitate the phasing out of the current diesel fleet serving the Costa Mesa Sanitary District and replacing these vehicles with cleaner CNG vehicles. I believe Mr. Ruffridge commented to the Board last week that our plans are to totally replace your fleet within the next three (3) years. In 2013 when our AD facility is completed and operating, we will be able to provide Costa Mesa natural gas fuel derived from biomethane- making the CMSD collection trucks serving the District, the cleanest vehicles available in California. As you can gather from this brief summary, CR &R has been moving its alternative technology forward on many fronts, underscoring our commitment to maintain technological leadership as your service provider. if you think it would be useful, i would be more than pleased to provide a briefing to the full Board and staff of the District on our progress to date. W I , s Senior Vice President CC Scott Carroll, General Manager Joan Revak, Board Secretary/ Clerk David Ronnenberg Dean A. Ruffridge • • Meeting Date Item Number 08/26/10 VII A: 1— COSTA MESA SANITARY DISTRICT MINUTES OF SEWER SYSTEM COMMITTEE MEETING .JULY 13, 2010 CALL TO ORDER Board members of the Costa Mesa Sanitary District met in Committee session on July 13, 2010 at 10:30 a.m. at 628 W. 19th Street, Costa Mesa. Director Monahan called the meeting to order at 10:30 a.m. DIRECTORS PRESENT: Gary Monahan, Art Perry, Bob Ooten, Jim Ferryman STAFF PRESENT: Scott Carroll, General Manager; Thomas A. Fauth, Operations Manager; Sherry Kallab, Administrative Manager; Rob Hamers, District Engineer; Yefim Tsalyuk, Senior Engineer; Karl Dulake, Maintenance Supervisor; Paul Guzman, Inspector; Joe Limon, Inspector OTHERS PRESENT: Jim Lamond, Newport Mesa Unified School District Director of Facilities Development Planning /Design; Bill Catron, Architect MONTHLY SSO STATISTICS Mr. Fauth reported a new spill in a multi - family complex originating from the private lift station on the property. The spill was caused due to a blockage in the District's main line. The blockage of woven material was located at a low point in the line. Effluent flowed from the lift station through the private property onto the parking lot down a gully and up to the storm drain located on Canyon Drive. Mr. Fauth stated there was no evidence of it going into the storm drain or the public right of way. An estimated 40 gallons soaked into the ground and was not recoverable. The District will reimburse the property management company for private plumber costs incurred. Mr. Dulake reported the private pump station was small with no alarm system. NMUSD REQUEST TO SPAN OVER CMSD EASEMENT WITH 2 "D FLOOR AT CMHS Mr. Hamers introduced Jim Lamond, Newport Mesa Unified School District ( NMUSD) Director of Facilities Development Planning /Design and Bill Catron, Architect and Senior Project Manager for Costa Mesa High School (CMHS). Mr. Hamers provided the Committee with a report supporting the proposed 2nd floor span of a new building'over the District's sewer easement subject to: 1) verification of no surcharge to the District sewer main due to building footing COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS SEWER SYSTEM COMMITTEE MEETING JULY 13, 2010 \ \� PAGE 2 pPoQatcj designs; 2) verification access will be provided to the sewer main and to the easement in and around the proposed building; 3) verification sewer maintenance activities will not be compromised by building location or design; 4) NMUSD agrees to reimburse CMSD for any maintenance or repair requiring work underneath the proposed building /asphalt walkway located on the CMSD easement; and 5) completion of CMSD attorney's formal agreement for approval and execution by the CMSD and NMUSD. The Committee reviewed site plans. Mr. Hamers reported CMSD will not have a manhole under the span area so Staff would not be required to go under the easement on a regular basis, only: if there is a need for excavation. Mr. Hamers reported excavation would be unlikely due to the spiro wound liner OCSD placed in the pipe when OCSD transferred the line to the District. Mr. Lamond reported CMHS parents are interested in a middle school enclave to limit interaction between middle school and high school students. Mr. Catron provided an overview of the project and reported the clearance between the span and District lines would be 11 feet. Mr. Tsalyuk questioned the distance of the columns from the center of the sewer line. Mr. Catron reported the centerline of the easement, on either side, would be at least 15 feet and the footings for the columns would be deep enough not to impose a load on the sewer line. Mr. Tsalyuk asked the number of columns and the distance between the columns in the longitudinal direction. Mr. Catron reported there are two to three columns and in the north /south direction probably 15 feet or so. Mr. Carroll requested the three dimensional design be made available for the Board Meeting. The Committee will recommend approval to the full Board at the July 22, 2010 Board Meeting with the provision any chargeable items are paid by NMUSD. OVERSIGHT OF PRIVATE PUMPING STATIONS Staff provided a list of 26 private pumping stations, identified to date, along with a draft flyer and a copy of the District's maintenance chart. Staff recommended two meetings per year with the maintenance firm responsible for the private pump stations. Staff could inspect the pumps, electrical, valves and related items. Mr Fauth presented a sample maintenance log similar to the District's pump station maintenance log. Director Ooten recommended expanding the program to have a couple of office meetings per year to discuss regulations, case histories and fines. Mr. Dulake reported some of the pump stations are in fair shape and some are not. Mr. Dulake noted most owners do not want to spend the money for regular pump station maintenance. Director Ooten suggested once owners understand the importance of spending the money for maintenance they would be more inclined to participate. Mr. Dulake recommended fines to ensure compliance. Director Ooten stated the regional board will assist with owners who don't follow through with the work required. Director Ooten recommended having Ken Tyson, WDR regulator, attend the first meeting to explain the legal requirements. Director Perry asked if we could set up the program similar to SLAP program. Mr. Carroll agreed to explore the option. Staff reported multiple meetings may be required dependant upon the number of people attending. #171 IRVINE PUMPING STATION FORCE MAIN REHABILITATION- ADDITIONAL DISCUSSION Mr. Hamers referred to the handout in the packet regarding the Irvine Pumping Station. The Committee discussed all options for rehabilitation of the line at their last meeting. The Committee favored using the HDPE liner due to cost savings. The cost for lining the entire system is approximately $185,700 while the cost for replacing the entire line is over a $1,000,000. The L-1 • n U COSTA MESA SANITARY DISTRJ..GT MINUTES OF BOARD OF DIRECTORS SEWER SYSTEM COMMITTEE MEETING R It _I111 V i'l 13n1n MV PAGE 3 Board asked for additional information regarding HDPE (high density polyethylene pipe). Mr Hamers provided a sample of 12" HDPE. The 12" HDPE liner will be placed inside the 14" pipe. Mr. Hamers stated this is an excellent opportunity to use the HDPE liner, save money and come out with a great final product. Mr. Hamers acknowledged the 14" pipe is corroded but the District has experience in removing corrosion from the inside of pipe. The corrosion from the inside -9f the pipe will have to be removed in order for the liner to fit inside. Staff is not certain of the amount of corrosion in the pipe. Cured in place pipe. (CIPP) will be used under the intersection of Santa Ana Avenue where there is a storm drain and other utilities with too many bends to pull the liner through that section. Laguna Beach is the only agency that may have used HDPE as a liner in Orange County. Staff is waiting on a call back from Laguna Beach for confirmation. There is some 12" PVC pipe in the line from phase 1 of the project. The life expectancy of HDPE is about the same as the life expectancy of plastic pipe. The life expectancy ranges from 50 to 100 years. Director Ferryman questioned if the HDPE is inert. Mr. Hamers reported there should not be any pipe corrosion and the area of pipe placement has not had chemical issues before. There will be 7 open excavations through the almost 3000 feet of line. The cost includes cleaning the corrosion, CCTV, couplings and liner. Mr. Carroll added this would eliminate illegal connections to the line. Director Ooten asked where the two previous leaks on the line were located. Mr. Guzman reported the two breaks occurred on the dirt area on Mesa Drive between the pump station and Santa Ana Avenue, one in 1996 and one in 2001. Both breaks were about a 2 '/2 inch blow -out. Mr. Guzman estimated about 10 to 15 thousand gallons were lost each break. It was recommended if the Committee likes the option they should direct Staff to come back with a proposal for design costs. Upon Board approval of the proposal, Staff will come back with plans and specifications. Director Ooten requested Staff prepare a plan for emergency contacts for assistance in the event of a spill at this location and to bring the plan back to the Committee. #183 SYSTEM WIDE SEWER REPAIR — GRADE 5 REPAIRS Mr. Hamers provided options to the Committee to complete the grade 5 repairs in the four year time frame selected by the Board. The total of 255 grade 5 repairs divided by four years means an average of 64 repairs are required per year to achieve the Board's goal. Option one is to put all 64 repairs together on one set of plans and specifications and put it out to bid. Option two is„ to have Staff pace the repairs at five or six per month and obtain three bids using informal bidding. Option three is to allow staff to get the work done with one or two bids if three bids are not easily obtainable. Mr. Carroll voiced his preference of using option two reasoning this option demonstrates to the public we are going out to bid, getting the best price possible and the District is doing its due diligence protecting the public's money. Mr. Hamers recommended waiting until after the Board meeting and review of the new purchasing policy so the Committee can evaluate this project and the method at the same time. Director Ooten questioned the amount of time it would take to draw up the plans and specifications and go out for bid. Staff estimated a four month time frame for the full bid process. Director Ooten voiced his opinion he would like to see Staff moving along on the repairs. Mr. Carroll added each method has its pros and cons but wanted to put it on the table for the Board to consider. Director Ooten stated the bidding climate is extremely good right now. Sal COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS SEWER SYSTEM COMMITTEL'Wr ETING JULY 13, 2010 ��kop PAGE 4 CONVERSION OF SEWER ATLAS TO GIS — ATLAS 98% COMPLETE; NOTICE TO PROCEED ON CMMS The sewer atlas is approximately 98% complete. EEC was given notice to proceed on phase two of the project at the end of June. Mr Fauth provided the Committee a set of ten color -coded maps. The maps address the overall approach Staff took dividing up the District main lines for cleaning purposes. One overview map includes the annual, biennial and triennial gravity mains along with an individual map for each. Six additional maps detailed the areas to be cleaned each year for six years when the process starts over. Director Ooten agreed the maps answered his request for more information regarding the general areas being cleaned every year. Director Ooten recommended adding private pump stations to the GIS. Staff will check with EEC regarding the possibility. Mr. Fauth stated Ramon, EEC, teaches GIS and has provided Staff with websites providing free GIS training. Isidro Gallardo, District Code Enforcement Officer, has already completed half of the course and should be able to assist the District with GIS maintenance when the project is completed. National Plant plans to complete the catch up cleaning phase by the end of next week. CMSD SEWER CLEANING PROGRAM - UPDATE - ANNUAL, BIENNIAL, TRIENNIAL Mr. Fauth covered this topic in the discussion regarding sewer atlas to GIS. LITTLE CORONA SEWER SPILL Mr. Fauth provided an article describing the18,000 gallon sewage spill from a five year old force main causing a beach closure in Corona Del Mar. LETTER TO SEWER LATERAL ASSISTANCE PROGRAM PRIVATE PLUMBERS The Committee reviewed a sample letter sent to area plumbers detailing the SLAP program to refresh their memories of the presentations Mr Fauth gave in May 2010. The seminar will be offered on an annual basis. Director Ooten recommended reminding plumbers to let the District know when they are going to be cleaning heavy roots from laterals or encounter a problem area. CMSD PROJECTS: PROJECT #129 — BRISTOL STREET SEWER PROJECT Payment was received from OCDA. Staff is arranging an agreement for the final phase of the project. PROJECT #186 — SEWER LATERAL ASSISTANCE PROGRAM Mr. Fauth reported finding no correlation between the highs and lows of program activity versus the time of year. • 0 r • COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS SEWER SYSTEM COMMITTEE MEETING JULY 13, 2010 '�rooPo`` � PAGE 5 PROJECT #187— DISTRICT YARD Mr. Fauth reported the following progress on the yard project: • Electrical power is on • Meters are installed • Phone lines into the building are complete • Painters are touching up the inside of the building • Gate is being adjusted • Solar panel installation has been signed off • Plumbing and water is on • Fuel tank is set to be tested • Panel garage door has been painted to match the building • Monument sign is in place Mr. Fauth recommended waiting to have the grand opening after receiving the USGB.0 certification toward the end of November or beginning of December. Mr. Hamers reported in early January the street improvements would be complete and we would have received the USGBC plaque. Project #101 - WESTSIDE PUMPING STATION ABANDONMENT Mr. Hamers put a small budget together for the first year participation in conjunction with the OCSD project to attend meetings, studies etc. Mr. Flamers will contact OCSD to find out when they will name the engineer on the project. PROJECT #189 — REHABILITATION OF SIX SEWERS TRANSFERRED TO CMSD Mr. Hamers reported the project will be sent out to bid soon. SSC MEETING SCHEDULE The next meeting is scheduled for Tuesday, August 17, 2010 at 9:00 a.m. PUBLIC COMMENTS There were no public comments. ADJOURNMENT Director Monahan adjourned the meeting at 11:50 a.m. SECRETARY PRESIDENT 4 • • COSTA MESA SANITARY DISTRICT MINUTES OF RECYCLING COMMITTEE MEETING July 19, 2010 Meeting Date Item Mumber 08/26/10 VII. A 2. The Costa Mesa Sanita.7 District Recycling Committee met on July 19, 2010 at 12:00 p.m. at 628 W. 19 Street, Costa Mesa. Directors Present: Robert Ooten Staff Present: Scott Carroll, Tom Fauth, Joan Revak, AJ Cully Others Present: Trisha Throop, Community Relations Recycling Coordinator, CR &R, Jim Fitzpatrick, Planning Commissioner, City of Costa Mesa Director Ooten called the meeting to order at 12:00 p.m. I. Orange County Waste and Recycling Sub - Regional Meetings, Funding and Grant Program Mr. Fauth informed the committee the 2007 -08 Grant for $40,000 concluded and the final report was submitted to Integrated Waste Management Department of Orange County. Mr. Fauth discussed the 2008 -09 Grant for $142,256 that provides public outreach, composting and vermicomposting instruction and supplies to schools and residents. Mr. Fauth requested permission from Ms. Isabel Rios, OCWR, to expand the current program to include all of Newport Mesa Unified School District and not just those within the CMSD boundary. Ms. Rios has not yet approved this change. Director Ooten explained the background regarding grant funds that stemmed from an additional $19 recycling fee imposed on self - haulers at OC landfills. The Orange County Board of Supervisors designated the accumulation of $7. million per year be used exclusively for recycling projects across Orange County. Mr. Fauth stated the July 15, 2010 OC Waste and Recycling meeting was held at the Prima Deshecha Landfill in San Juan Capistrano. Ms. Jocelyn Schamber, City of Costa Mesa attended. Protecting our community's health and the environment by providing solid waste and sewer coffection services. www.crosdcapov Costa Mesa Sanitary District Minutes of Recycling Committee Meeting July 19, 2010 Page 2 II. Recycling Committee Goals for CY 2010 Mr. Carroll reviewed the 2010 Recycling Committee goals. Director Ooten stated he is looking forward to working on these goals in the coming year. III. CR &R Report on Other Agencies Recycling Programs Ms. Throop arrived at 12:20 p.m. Ms. Throop reported the South County food waste program is trending positive. After 90 days, drivers are reporting strong participation with no empty bins or contamination. CR &R estimated two truckloads per week would be taken to California Bio -Mass in Thermal, CA however, that number continues to remain at one load per week. Ms. Throop provided a detailed explanation of the pilot program for Mr. Fitzpatrick. Mr. Fitzpatrick commented this is an exciting project. He indicated he would like to see composting programs rolled out to strip mall establishments. This would encourage individual tenants to reduce their level of waste so the entire mall could achieve the beneficial outcome of lower trash rates. Mr. Fitzpatrick stated his belief that composting should be done at local landfills and not trucked to Thermal. Ms. Throop reported construction efforts at CRT facility in Stanton to cover the NW rear corner of the property would conclude in 40 days. Ms. Throop informed the committee that CR &R has expanded operations to include street sweeping services, currently functioning in Bellflower and Calipatria. Mr. Ruff ridge, CR &R Senior Vice President, intends to incorporate street sweeping into franchises thus providing a more cost effective contracting option for cities. Mr. Fitzpatrick indicated Costa Mesa is considering outsourcing their street sweeping. Director Ooten questioned the mix up on collection days during July 4th week. Ms. Throop stated the holiday schedule was posted on their website however, drivers were instructed to run courtesy trash sweeps the entire week to minimize the disruption of regularly scheduled service. IV. Report on Other CMSD Recycling Programs Mr. Fauth discussed an article from Planet Green regarding 75 things that can be composted. 00 Protecting our community's health and the environment by providing solid waste and sewer collection services. ,qov I) V. Public Comments Costa Mesa Sanitary-District Minutes of Recycling Committee Meeting July 19, 2010 Page 3 Mr. Fitzpatrick stated the City of Costa Mesa has a "Green Task Force" in place that is currently promoting zero waste concepts and recycling programs throughout the city. Their primary focus is commercial properties, using Wahoo's restaurant as the base model for eliminating the use of Styrofoam containers. Interns are working with local businesses to quantify their business decisions by reviewing invoices and providing cost benefit analysis. The task force is also teaming up with Green Up Our Schools and Orange Coast College Recycling Center to encourage schools to utilize fund raising opportunities through grants, partnerships and recycling programs. Mr. Fitzpatrick suggested creating a database of email addresses from residents who purchase composting bins. He recommended this medium be used to send out monthly updates, share information, and continually educate the public on composting news. Mr. Fitzpatrick currently writes a weekly green living column for the Newport Beach Independent. He views this newspaper as a perfect size to use as a necessary and critical element for a composting regimen. Mr. Fitzpatrick announced his intention to run for a seat on the Costa Mesa Sanitary District Board of Directors. A discussion was held on the topic of banning Styrofoam containers in Costa Mesa. Mr. Fitzpatrick discussed the proposed recycling center slated for the corner of 18th and Placentia was not approved as submitted. The Planning Commission will hold a public hearing to discuss the matter. Mr. Carroll stated the Board of Directors would discuss the frequency of holding Recycling Committee meetings from a monthly to a quarterly basis. Mr. Fitzpatrick expressed his dismay at reducing the number of meetings for this very important committee. He would advocate for the expansion of the recycling committee. Mr. Carroll assured Mr. Fitzpatrick that staff would continue to strive to promote green initiatives, increase diversion, and work with community and non - profit organizations to achieve committee goals even in the absence of a monthly. meeting. Director Ooten discussed the necessity of an implementation plan to meet goals. He requested staff develop criteria, outline performance measures, assign ownership and commit to fulfilling the goals of the recycling committee and strategic plan. Protecting our community's heafth and the environment by providing solid waste and sewer coffection services. www.crosdcagov v X' 41 aE. Costa Mesa Sanitary District Minutes of Recycling Committee Meeting July 19, 2010 Page 4 VII. Next Meeting Date — August 23, 2010 Director Ooten adjourned the meeting at 1:22 p.m. Secretary President • • Protecting our community's health and the environment by providing solid waste and sewer cofiection services. www.cwdcagov • Meeting Date I Item Nurnbof 08/26/10 I VII. 11.3. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING JULY 225 2010 CALL TO ORDER The Board of Directors of the Costa Mesa Sanitary District met in regular session on July 22, 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. Harriers, District Engineer; Alan Burns, Legal Counsel; Tom Fauth, Operations Manager; Marc Davis, Treasurer; Sherry Kallab, Administrative Manager OTHERS PRESENT Jim Lamond Newport -Mesa Unified School District Bill Oatron HMC Architects Jim Fitzpatrick Resident, Costa Mesa COSTA MESA SANITARY DISTRICT PAGE 2 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JULY 22, 2010 ANNOUNCEMENT OF LATE COMMUNICATIONS Ms. Revak reported there were no late communications. CONSENT CALENDAR Director Monahan moved to approve the Consent Calendar. Director Ooten seconded the motion. Motion carried 5 -0. REPORTS MINUTE APPROVAL Minutes of Sewer System Committee Meeting — June 15, 2010 The Minutes of the Sewer System Committee Meeting of June 15, 2010 were approved as distributed. Minutes of Recycling Committee Meeting The Minutes of the Recycling Committee —June 21, 2010 Meeting of June 21, 2010 were approved as distributed. Minutes of Regular Board Meeting — June 24, 2010 Refunds The Minutes of the Regular Board Meeting of June 24, 2010 were approved as distributed. There were no refund requests for the month of June 2010. Occupancy Report and Payment of The Trash Occupancy Count documented $196,850.25 to Costa Mesa Disposal — no increase for the occupancy report for June 2010 solid waste collection as of July 1, 2010. Therefore, the total for June is 21,501 and the payment of $196,850.25 was ratified. Monthly Spill Report to State Water Resources Control Board Waste Diversion Report for June 2010 Contract Payment of $185,215.95 to CR Transfer —June 2010 The Monthly Spill Report to the State Water Resources Control Board (SWRCB) for July 2010 was accepted as submitted. The Waste Diversion Report dated June 2010 was accepted as submitted. The contract payment of $185,215.95 to CR Transfer for recycling services and 10 disposal for the month of June 2010 was ratified as submitted. r� • • COSTA MESA SANITARY DISTRICT MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JULY 22, 2010 PAGE 3 Contract Payment of $12.135.93 The contract payment of $12,135.93 to CR to CR Transfer — Santa Ana Transfer for recycling services and disposal Heights /Newport Beach — June 2010 for Santa Ana Heights /Newport Beach for the month of June 2010 was ratified as submitted. Ordinance Enforcement Officer's Report ENGINEER'S REPORTS Project Status Report Howard S. Wright Contractors Invoice in the amount of $268,871.52 TREASURER'S REPORTS Financial Report as of June 30, 2010 Treasurer's Report as of June 30, 2010 Warrant Register for the month of June 2010 in the amount of $632,206.61 The Ordinance Enforcement Officer's Report dated July 22, 2010 was accepted as submitted. The Project Status Report dated June 2010 was accepted as submitted. The Howard S. Wright Invoice for work performed through June 30, 2010 in the amount of $268,981.52 was ratified as submitted. The Financial Report as of June 30, 2010 was accepted as submitted. The Treasurer's Report as of June 30, 2010 was accepted as submitted. Warrant Resolution #CMSD 2011 -1 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 $632,206.61 COSTA MESA SANITARY DISTRICT MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JULY 22, 2010 Directors Compensation & Reimbursement of Expenses for the month of June 2010. PAGE 4 Director Compensation and Expense Reimbursements for the month of June 2010 were approved and ratified as follows: President Schafer: $1,326.00 + $10.00 Vice President Ooten: $1,326.00 + $20.00 Director Monahan: $221 Director Ferryman: $884.00 + $4.50 Director Perry: $884.00 END OF CONSENT - CALENDAR NMUSD Request to Span Over CMSD Sewer Easement w /2 "d Floor of New Building at Costa Mesa High School, 2650 Fairview Road, Costa Mesa Mr. Hamers stated Mr. Jim Lamond of the Newport -Mesa Unified School District and Mr. Bill Oatron of HMC Architects are present with a request to construct a 2nd floor span of a new building over the CMSD sewer easement. Mr. Hamers reported Staff met with the two gentlemen on June 18, 2010 to discuss the project that will provide classrooms for expanding teaching methods in the History/English relationship and Math /Science relationship. The location of the new buildings will also assist in creating a programmed quad area while also improving campus security. The CMSD sewer and easement are located in the center of the school campus thereby restricting development over the 20' width of the easement. The request is to have a 2nd floor span over the CMSD easement for a length along the easement of approximately 40'. Should the school district be denied the ability to span the 2nd floor over the easement, there will be additional costs for stairs, an elevator and utility runs (in the ground directly over the CMSD sewer) amounting to approximately $400,000 in estimated costs. Staff has determined the proposal will not adversely affect the sewer main or easement or the District's ability to maintain, access or reconstruct the District's 18" sewer main in the easement, if necessary, in the future. District Counsel Alan Burns advised the Board the agreement should include a statement the NMUSD will reimburse the District for preparation of the agreement and also pay any legal and engineering costs, given that in the past the District has worked with the NMUSD on a project that did not come to pass and the District bore the costs and there should be an understanding that any concessions made by the CMSD should be reimbursed by the NMUSD. Mr. Jim Lamond of the Newport -Mesa Unified School District agreed to the stipulation. Director Ooten moved to approve the project subject to the agreement being brought back by District Counsel Burns after review by the NMUSD, including a statement that the NMUSD will reimburse the CMSD for preparation of the agreement, and any legal and engineering costs will be paid for by the Newport -Mesa Unified School District. Director Monahan seconded the motion. Motion passed 5 -0. • 0 COSTA MESA SANITARY DISTRICT PAGE 6 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JULY_ 22, 2010 WRITTEN COMMUNICATIONS Ms. Revak presented a thank you from Susan Kline of Kline School for the monetary award from the District for their participation in the 2009 Telephone.Book School Recycling Contest. Ms. Kline stated the award made it possible for the school to buy a high definition digital camera. The students make documentaries, tape an annual news magazine and produce sitcoms. Ms Kline included a photo of telephone books that are accumulating for the 2010 program.. f PUBLIC COMMENTS Mr. Jim Fitzpatrick commented on the CMSD website, stating the down -time of the website was unacceptable, and, not understanding the full depth of why, no business should operate in such manner. Mr. Fitzpatrick stated having reviewed the Strategic Plan he thinks there is an opportunity to "beef it up" around technology so both the Staff and District has access to that technology along with the public. Director Ferryman acknowledged the Board has been upset about it as well, however, the website is now 95% completed. President Schafer stated the subject is on the agenda this evening. GENERAL MANAGER'S REPORTS LEGISLATION Mr. Carroll reported Staff works closely with the California Special Districts Association (CSDA) on monitoring proposed state legislation and the impacts proposed laws will have on the District. In the past, the CMSD has received requests from CSDA to offer support or opposition to such legislation. Staff is proposing new procedures to streamline the current process for submitting the District's positions on proposed legislation. President Schafer stated her opinion the District's CSDA representative should have the authority to send the letter of support. Director Perry stated his opinion that the President of the CMSD Board should have that authority. Director Monahan moved to give authority to the President of the Board to write support or opposition letters on behalf of the Board if that position has been taken by an agency the CMSD is a member. Director Ferryman seconded the motion. Motion carried 5 -0. WATER EMERGENCY RESPONSE ORGANIZATION OF ORANGE COUNTY ( WEROC) Mr. Carroll reported many water districts and the OCSD are using the Water Emergency Response Organization of Orange County ( WEROC) to communicate with each other during emergencies and /or disaster conditions. Mr. Carroll stated Staff made contact with WEROC and they have agreed to allow CMSD to participate in the program. Director Monahan moved .to approve the Indemnification Agreement allowing the CMSD to participate in the WEROC program. Director Ooten seconded the motion. Motion carried 5 -0. COSTA MESA SANITARY DISTRICT PAGE$ MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JULY 22, 2010 • COMMITTEES Mr. Carroll requested direction to Staff with regard to the existing committee system. The Board has established three standing committees: the Sewer System Committee, the Recycling Committee and the Investment Oversight Committee to assist in guiding the Board in the decision - making process. The Sewer and Recycling Committees meet quarterly to discuss related items and make recommendations to the Board for final actions. President Schafer recommended changing the date of the September Recycling Committee due to the conflict of the CSDA Annual Conference. Director Ooten expressed his opinion that it is too ambitious a change. Director Monahan noted two of the committees rotate members and suggested the same regular Board members attend all the meetings of each committee. The committee members would then make recommendations to the full Board. Mr. Fitzpatrick commented he attended the Recycling Committee this week and feels the Recycling Committee represents one half of the District's business and stated he feels it is an important committee and should continue to meet on the same monthly basis. Mr. Hamers stated he feels the Sewer System Committee is a great avenue for understanding of the sewer system and the education is of benefit to the Board members. Mr. Hamers stated he believes the Board is stronger in their understanding of the sewer system since the inception of the Sewer System Committee. Director Monahan agreed with Mr. Hamers and withdrew his previous comments. Director Ferryman stated his opinion that the subject should be delayed until after the election as there may be a change in Directors. President Schafer directed Staff to bring the matter back to the Board after the November election. NEW PERSONNEL EVALUATION FORMS Mr. Carroll presented a new Administrative Regulation 2.7 for Employee Performance Evaluations along with a redesigned employee evaluation form. The new regulation provides for a sliding scale merit increase where employees will be rated in 16 areas on a point based system. A merit increase between 2% and 5% will be possible dependent upon the number of points earned by the employee. Employees with below average point totals will not be eligible for a merit increase. Mr. Carroll stated Staff reviewed several evaluation forms and found the forms used by 40 the City of Fountain Valley are user friendly and provide employee incentive. • COSTA MESA SANITARY DISTRICT PAGE 7 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JULY 22, 2010 Director Ooten stated his opinion the employees should be provided with specific goals to meet during the review period and the supervisor should review with the employee at the half -year point to determine the employee's progress in meeting the goals. Director'Monahan moved to approve the new Administrative Regulation 2.7 (Employee Performance Evaluation) with the recommendation that supervisors are to provide updates with the employee during the year to confirm the employee is progress in meeting his /her goals. Director Ferryman seconded the motion. Motion carried 5 -0. COMPETITIVE BIDDING AND PURCHASING Mr. Carroll presented a PowerPoint presentation on competitive bidding and purchasing. Mr. Carroll provided an analysis of a public works project which is defined as all work, construction, alteration, repair or improvement other than ordinary maintenance. For instance, replacing or relining an existing sewer line, remodeling or constructing a building, installing a new pump station, repairing a deteriorated rooftop, constructing a new park, street resurfacing, etc. are considered public works projects. Ordinary. maintenance is defined as work performed on a regularly scheduled basis to service items that are not broken.. The District's sewer lining cleaning program is considered maintenance. Differentiating public works and maintenance projects is. • important to know because it establishes procedures to follow for bidding and awarding contracts. Sanitary Districts adhere to California Public Contract Code Section 20800 -20806 and the CMSD Operations Code mirrors California code which states: "For public works projects in excess of $15,000 in value, the project shall be let to the lowest responsive bidder in accordance with the procedures set forth in Public Contract Code Section 20800 et sea." The Uniform Public Construction Cost Accounting Act (UPCCAA) gives public agencies more leeway in the execution of public works projects; speeds up the award process, will improve timeliness of project completion and will greatly reduce bureaucratic red tape and cumbersome paperwork. Mr. Carroll recommended several modifications which are more stringent than the UPCCAA. Mr. Burns noted a substantial amount of money would be saved on plans and specs. Director Ooten moved to give Staff the authority to do the competitive bidding and purchasing of public works as represented and request Staff come back at the August 26, 2010 Board meeting with a resolution to adopt the Uniform Public • Construction Cost Accounting Act (UPCCAA) and revise the bidding ordinance that complies with the Act, with change order authority to the General Manager up to 10% and if over 10% the General Manager must come back to the Board for approval; and to direct Staff to revise the bidding ordinance which requires obtaining three bids for COSTA MESA SANITARY DISTRICT PAGE 8 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JULY 22, 2010 • greater than $5,000 and less than $30,000. Director Perry seconded the motion. Motion carried 5 -0. Mr. Carroll discussed the "Best Value" Evaluation Method for non - public works and /or maintenance projects. Non - public works and /or maintenance projects do not have to follow the California Public Contract Code or the UPCCAA, and, as such the District does not have to award a bid solely on low bid. Other criteria can be used such as contractor's financial stability, quality of product or effectiveness of service, years of operational experience of company or personnel, etc. to award a bid. Mr. Carroll recommended the bidding process for non - public works and /or maintenance projects over $30,000 uses the "Best Value" evaluation method. The "Best Value" evaluation criteria must be determined before bids /quotes are published or distributed to potential bidders. Evaluation after bids /quotes are received and be based only on predetermined criteria. Cost will normally be weighted at least equally with the most highly weighed criteria. Select the evaluator(s) best able to judge the criteria and defend a decision if challenged. The completed evaluation form will be approved by the General Manager. Mr. Carroll also recommended that no service agreement or contract shall extend for a period of more than five (5) years, including any authorized extensions, unless otherwise approved by the Board of Directors. The "Best Value" method would not • apply for purchasing supplies and equipment such as vehicles, HVAC systems, pumps, etc. These materials will be awarded based on the lowest responsive bid. Director Ooten moved to direct Staff to report back in August with revised bidding ordinance that includes the "Best Value" evaluation method, require services not to exceed five years, with the exception of refuse and recycling collection services. Director Ferryman seconded the motion. Motion carried 5 -0. RECYCLING COMMITTEE Director Ooten gave a report on the July 19, 2010 Recycling Committee meeting. Discussion of the Orange County Waste & Recycling funding and grant program was held. Director Ooten reported Mr. Fauth is having dialog with the Isabel Rios on the current grant and asking for authorization to use the funds to support other schools that are in Orange County. The grant includes schools within the CMSD, the City of Costa Mesa and the City of Huntington Beach. Trisha Throop of CR &R, Inc. reported on the MRF that is up and running in South County. CR &R is considering getting into street sweeping contracts. Ms. Throop gave an update on the food waste recycling pilot program grant. The program will be concluded in a few months and a report will be provided at that time. Mr. Fauth presented a list of items that can be used in composting. • COSTA MESA SANITARY DISTRICT PAG-E 9 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JULY 22, 2010 • ENGINEER'S REPORTS PLAN CHECK, INSPECTION, PERMIT AND ANNEXATION FEES - CMSD RESOLUTION No. 2010- 788 Mr. Hamers reported at a previous meeting the Plan Check, Inspection, Permit and Annexation Fees were revised, however, upon additional review Staff proposes other changes as noted in the proposed CMSD Resolution No. 2010 -788. Director Monahan moved to adopt CMSD Resolution No. 2010 -788. Director Ooten seconded the motion. Motion carried 5 -0 SEWER SYSTEM COMMITTEE Director Monahan reported on the Sewer System Committee meeting held on Tuesday, July 13, 2010. There was one sewer spill in the reporting period. Oversight of private pumping stations was discussed as well as the conversion of the sewer atlas to GIS with-the Atlas 98% complete. Updates on projects were provided. President Schafer requested an update on the Yard and Mr. Hamers reported the LEED accreditation is not finalized and it is still undetermined if the rating will be Gold or • Platinum. The final determination is made by the United States Green Building Council. Mr. Hamers presented a series of photos of the Yard, the solar panels, etc. The District is attempting to obtain signoffs from the City on 14 permits and as soon as they are finalized the District will receive certificate of occupancy. The. District will be submitting documentation to the United States Green Building Council to accredit the District Yard at the platinum level. Mr. Fitzpatrick reported the City of Costa Mesa has a "Green Design Award" and he encouraged the District to apply. Also, the Costa Mesa Green Task Force that is effective in assisting in solar projects and in "Green" LEED certified opportunities. The next meeting of the Sewer System Committee is August 17, 2010 at 9:00 a.m. TREASURER.'S REPORTS AGREEMENT FOR INDEPENDENT AUDIT SERVICES Mr. Davis reported the District is required to undergo an audit of its financial statements on an annual basis. The existing agreement for audit services expired with the completion of the annual audit for the year ended June 30, 2009. Staff solicited proposals for audit services from qualified certified public accounting firms. Mr. Davis • recommended awarding a Professional Services Agreement for Independent Audit Services to Diehl, Evans & Company, LLP in.the amount of $26,930 for the fiscal years ending June 30, 2010, 2011 and 2012. COSTA MESA SANITARY DISTRICT PAGE-10 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JULY 22, 2010 • Director Ferryman moved to award a Professional Services Agreement for Independent Audit Services to Diehl, Evans & Company, LLP in the amount of $26,930 for the fiscal years ending June 30, 2010, 2011 and 2012. Director Ooten seconded the motion. Motion carried 5 -0. ATTORNEY'S REPORTS Mr. Burns stated he had nothing to report. CLERK OF THE DISTRICT REPORTS 2010 LARGE ITEM COLLECTION Ms. Revak reported on the 2010 annual Large Item Collection Program that began on June 21 and will conclude on August 20, 2010. As of July 10, 2010, 88.26 tons were landfilied at a total cost of $2,123.29. Recyclable White Goods collected during this period totaled 27.31 tons, for a credit of $1,092.40 ($40.00 /ton) amounting to a net debit to -date of $1,030.89. Ms. Revak presented a • chart illustrating the weekly progress of the collection. CMSD RESOLUTION NO. 2010 -785 - ADOPTING AN INVESTMENT POLICY FOR FISCAL YEAR 2010 -2011 Mr. Davis presented CMSD Resolution No. 2010 -785 — Adopting an Investment Policy for Fiscal Year 2010 -2011. Director Monahan moved to adopt the Resolution No. 2010- 785. Director Ooten seconded the motion. Motion carried 5 -0. LOCAL MEETINGS ORANGE COUNTY SANITATION DISTRICT (OCSD) Director Ferryman reported the OCSD meeting will be held July 28, 2010 and he will give a report at the next CMSD regular Board meeting. Director Ferryman reported on the OCSD website. The OCSD originally contracted with a firm for $120,000 to develop the website and they added 60 more pages at an additional cost of $21,000. Director Ferryman reported it will be a state of the art website. SANTA ANA RIVER FLOOD PROTECTION AGENCY (SARFPA) 0 Director Perry reported on the June 24, 2010 and provided copies of the minutes of the meeting. The budget and the proposed slate of officers for fiscal year U COSTA MESA SANITARY DISTRICT PAGE-11 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING . HELD JULY 22, 2010 2010 -2011 were approved. An overview of the current status of the Santa Ana River Mainstem Project was presented and discussion of alternatives for the future role of SARFPA was held. INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY ( ISDOC) President Schafer attended a Board meeting on July 6, 2010. The quarterly ISDOC luncheon will be held on July 29, 2010. LOCAL AGENCY FORMATION COMMITTEE LAFCO President Schafer reported LAFCO did not hold a meeting in July. A Strategic Planning meeting will be held on August 11; 2010 at the Ebell Club in Santa Ana. CHAMBER OF COMMERCE President Schafer reported on a meeting held on July 7, 2010 with State, Council, Utilities and CMSD where discussion with all representatives occurred. CALIFORNIA SPECIAL.DISTRICTS ASSOCIATION (CSDA) • President Schafer reported on a Webinar of the CSDA Legislative Committee on July 9 & 10, 2010 President Schafer attended a Finance Corp meeting on July 15 -16, 2010 and will be attending a Fiscal Committee meeting on July 23, 2010. President Schafer continues to work with the Sacramento office on the Annual Conference in September 2010 at the Newport Beach Marriott. President Schafer reported Director Perry was of assistance in obtaining the Costa Mesa Golf Course for the CSDA Golf Tournament. WACO The WACO meeting was held on July 9, 2010. Jack Foley gave an update on the budget. John Withers presented a LAFCO update and Peer Swan gave a report on ACWA. President Schafer gave a CSDA Report. Heather Dion reported on the Program on Waste Management and flood control efforts at Prado Dam. Ed DeMesa, Water Resources Branch Chief from the LA District U.S. Army Corps of Engineers; Craig Miller, Executive Director of OCWD and Lance Natsuhara, Manager, Santa Ana River Mainstem Project/ OC Public Works were in attendance. CALIFORNIA ASSOCIATION OF SANITATION AGENCIES (CASA) Ms. Revak reminded Directors of the CASA Annual Conference being held in Monterey. President Schafer, Directors Ooten, Ferryman and Perry plan to attend as well as General Manager Scott Carroll. Ms. Revak made the hotel and conference reservations. COSTA MESA SANITARY DISTRICT PAGE-12 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JULY 22, 2010 • CALIFORNIA WATER ENVIRONMENT ASSOCIATION (CWEA) Director Ooten reported on attending the CWEA State Collection System Committee 2010 Mid - Summer meeting on July 16 and 17, 2010. A seminar was held on the topics of CWEA's Collaborated Efforts with other entities on Regulations and a TCP Training Update; Proposed Requirements for Public and Private Lateral Marking; State Water Resources Control Board regulations and enforcement; Sanitary Sewer Management Plan (SSMP); Rethinking your Maintenance Program due to Budgetary Challenges. A workshop was also held on how the State Collection System Committee can help with SSMP Training Requirements. OLD BUSINESS WEB SITE UPDATE Mr. Fauth provided a visual website update and the Board of Directors complimented Staff on their efforts in getting the website up and running again. Mr. Carroll stated he will be forming a website committee comprised of Staff excluding the Supervisors. The Committee will meet monthly and have a continual improvement and updating process for the website. • NEW BUSINESS There was no new business. ADJOURNMENT President Schafer adjourned the meeting at 8:10 p.m. Secretary President • Meeting Date Item Number 08/26/10 VII. B. Offle", Ms.- To: Board of Directors ... an Independent Special District Via: Scott Carroll, General Manager ,,.. � From: Thomas A. Fauth, Operations Manager C/l,wo Date: August 26, 2010 Subject: Operations Manager's Report Summary This report summarizes major points for six operations topics covering Sanitary Sewer Overflows, Refunds, Occupancy, Waste Diversion, CR Transfer Contract Payment and the CMSD Ordinance Enforcement Officer's Report. Staff Recommendation The Board of Directors takes the following action: • Approve Analysis Item 3. • Ratify Analysis Item 4. • Receive and file Analysis Items 1, 2, 5 and 6. Analysis 1. Monthly Public SSO Report to State Water Resources Control Board: One Sanitary Sewer Overflow (SSO) occurred during this reporting period. The total number of Public SSOs for CY 2009 remained at 4 and there are three Public SSOs in 2010. The last SSO occurred on July 15, 2010 when FOG and debris blocked a District main line causing 435 gallons of sewage to spill from a public manhole cover, but it was fully contained, returned to the sanitary sewer or soaked into the ground near President Pump Station. No effluent entered the storm drain or state surface waters. In summary, there were 4 Public SSOs in CY 2009 and 7 Public SSOs in CY 2008 continuing a decreasing trend. Reviewed at the 8 -17 -10 Sewer System Committee. Protecting our community's health and the environment by providing solid waste and.sewer collection semices. vnvru).crosdca9.o11 Board of Directors - - August 26, 2010 Page 2 of 3 2. Refunds: No Refunds for July 2010. Reviewed at the 8 -23 -10 Recycling Committee Meeting. 3. Occupancy Report and payment to Costa Mesa Disposal — July 2010: Trash Occupancy Count totals 21,508 for July 2010, an increase of 7 from June 2010. The rate of $9.1554 per unit results in a payment of $196,914.34 to be ratified on the September 2010 warrant list. Reviewed at the 8 -23 -10 Recycling Committee Meeting. 4. Waste Diversion Report — July 2010: Of 3,613.43 Total Tonnage CR &R collected from the City of Costa Mesa, part of Newport Beach and unincorporated areas of Orange County within the District, 1,822.54 tons (50.44 %) were diverted (recycled) and 1,790.89 tons were landfilled. Note the diversion rate remained consistent throughout the calendar year. Reviewed at the 8 -23 -10 Recycling Committee Meeting. 5. Contract Payment to CR Transfer for Recycling Services & Disposal for July 2010: Payment of $52.22/Ton for 3,613.43 Total Tonnage collected from the District results in a Total Payment of $188,693.33 for July 2010. The total tonnage of refuse collected in July 2010 represents a decrease of 165.81 tons from the 3,779.24 tons collected in June 2010. Reviewed at the 8 -23- 10 Recycling Committee Meeting. 6. Ordinance Enforcement Officer's Report: Isidro Gallardo continued enforcing proper trash container storage along with the City of Costa Mesa Code Enforcement Officers. Isidro summarized 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 July 2010, the District OEO and the CCM CEOs have issued 979 1St Courtesy Notices and 279 2"d Courtesy Notices with 0 Courtesy Letters. (The District OEO Notices alone are 655 and 115 respectively.) The CMSD Operations Manager developed the "Administrative Guidelines" for a CMSD Enforcement Official to strongly encourage voluntary compliance with the District Operations Codes through a four -step process prior to issuing a citation. Reviewed at the 8 -23 -10 Recycling Committee Meeting. Strategic Plan Element & Goal Not applicable. Legal Review None. Board of Directors August 26, 2010 Page 3 of 3 Financial Review The cost to Costa Mesa Disposal for collecting refuse within District boundaries is $196,914.34. Funds for this expenditure and encumbrance are within the Approved FY 2010/11 Budget. The cost to CR Transfer for recycling services is $188,693.33. Funds for this expenditure and encumbrance are within the Approved FY 2010/11 Budget. Committee Recommendation Analysis Items 2, 3, 4, 5 and 6 are ongoing solid waste operations topics and were reviewed at the Recycling Committee Meeting on August 23, 2010. 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. 0 Alternative Actions 1. Refer the matter back to Staff for more information. Financial Reviewed by: -- Sherry Kallab Administrative Manager 0 OPR: CMSD, Thomas A. Fauth 7td- :tq3 -dd3:t 0 CMSD Occurrences CY00 -10 Prepared 7 -21 -10 10/20/2009 Date Sanitary Sewer Overflow Occurrence Report Summary, CY2009 SSO EVENT ID Private District Est Total Spill Completely Event Line Line # Gallons Contained ? Uncontained Est # Private Gallons Spilled into Storm drain Uncontained Est # Public Gallons Spilled into Storm drain 1/11/2009 Irvine PS Failure /SW - SCADAlarm Did Not Call - 2149 Anniversary Lane; 90244 100 N 100 1/1612009 FOG Debris Blocked Main - Increased Hots pot -1 /mo; Bristol St & 55 Freeway, 90383 86 N 86 1/26/2009 FOG Blocked Main Line near 2831 Bristol St. Italian Restaurant Upstream: 90785 10 Y 0 1/29/2009 Irvine PS Failure /SW - SCADAIarm Did Not Call - 2149 Anniversary Lane, 90922 50 Y 1/30/2009 PRIVATE Septic Tank Failed -Moon River Massage Parlor -2138 Newport Blvd: 90919 20 Y 3/31/2009 PRIVATE CO - Chicken Koop Restaurant - Sal: 9/645 -6086 - 432 Hamilton St; 92681 90 Y 4/21/2009 FOG blocked PRIVATE Lateral - Clean Out - FSE Strip Mall - 570 W Wilson St; 93618 10 Y 4/21/2009 Diaper & Debris blocked PRIVATE lateral - 327 West Wilson St: 93619 510 N 510 7/11/2009 Paper Products blocked PRIVATE lateral - 3190 Harbor Blvd - Chevron Station 94946 300 N 20 10/20/2009 Grease Blocked GI at 7 -11, RoundTable, FlameBroiler - 204 E 17th St 97151 300 Y KEY: GREASE 4 2 2 ROOTS 1 1 PUMP STN 2 2 OTHER 3 3 1 TOTALS 10 6 4 Total # Gallons I 1,476 760 530 �18 Percenta eS 1 100.00% 1 51.49% 1 35.91°5 1 12.60% 7/15/2010 Date Sanitary Sewer Overflow Occurrence Report Summary, CY2010 SSO EVENT ID Private District Est Total Spill Completely Event Line Line # Gallons Contained ? Uncontained Est # Private Gallons Spilled into Storm drain Uncontained Est # Public Gallons Spilled into Storm drain 5/11/2010 FOG Debris Blocked Main Line - Fully Contained & Vactored - 1616 Iowa St 102953 15 Y 0 6!27/2010 Woven Wipes/Roots Blocked Main Line - Soaked Into Ground 1021 Sea Breeze Dr 103995 40 Y 0 7/15/2010 FOG Debris Blocked Main Line - Fully Contained - 2037 National Ave 104377 435 Y 0 KEY: GREASE 2 2 ROOTS 0 PUMP STN 0 OTHER 1 1 TOTALS 3 01 3 Total # Gallons 490 490 0 0 Percenta es 1W00% I 1 oa.00 i 0.00% 0,00% of 1 sow- If ~� own MESA TANY COSZ� j DiSqRICT ... an Independent Special District 0 Memorandum, To: Board of Directors From: Debbie Bjornson Date: August 1, 2010 Subject: REFUND REQUEST FOR BOARD APPROVAL There are no refund requests for the month of July 2010. rl Debbie Bjornson Permit Processing Specialist Protecting our community's Health by providing solid waste and sewer collection services costamesasanitarydistrict. org �SPgANJlq�` _. C p cua °. y Costa Mesa Sanitar �i .. an Inbepem6ent Special District Board of Directors Arlene Schafer Robert Ooten Gary Monahan Arthur Perry James Ferryman Staff Scott C. Carroll General Manager Robin B. Hamers District Engineer (949) 631 -1731 Joan Revak Office Manager Wk of the District Alan R. Burns Legal Counsel August 1, 2010 Board of Directors . Costa Mesa Sanitary District 628 W. 19'' Street Costa Mesa, CA 92627 -2716 SUBJECT: TRASH OCCUPANCY COUNT Dear Board of.Directors: There has been an increase of 7 units for the occupancy report for solid waste collection as of August 1, 2010; therefore, the total occupancy count for August is 21,508. Staff recommends the following: 1. The Board of Directors accepts the occupancy count as presented using 21,508 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 August collection based on this occupancy report so long as the Treasurer contractor fulfills the obligations of the agreement. Said payment in the amount of $196,914.34 to be ratified on the Septembert, 2010 warrant list. Phone (949) 645 -8400 Fax (949) 650 -2253 Address 628 W. 19th Street Costa Mesa, CA . 92627 -2716 • Is Printed on RecYcled Paper Sincerely, C?/Om aC420- Thomas A. Fauth Operations Manager cc: Costa Mesa Disposal Debbie Bjornson Permit Processing Specialist Protecting ow. comnmitN's buo and the environment 69 providing so[idwaste and sewer collection wm ices. www.crosbca.gov OCCUPANCY CHANGES July, 2010 EXISTING A.P.N. No. ADDRESS STATUS CHANGE NEEDED CHANGED OCCUPANCY 119- 102 -74 2464 Norse Av new service 1 unit Jul -10 1 141 - 191 -09 1367 Baker St. new service 3 units Jul -10 3 141 - 191 -05 1383 Baker St. new service 3 units Jul -10 3 Total for July, 2010 7 0 0 0 10 CR Transfer • 17-j To: Joan Revak From: CR Transfer Inc. Jurisdiction: Costa Mesa Sanitary District (9) MonthNear: Jul -to Recycling Report '" Note: This material includes food / small particulate and inert material. Total Tonnage Recycled Tonnage Landfill Tonnage County & Wewport iBch. 3405.18 208.25 1716.71 105.83 1688.47 102.42 Total 3613.43 1822.54 1.790.89 Meeting Date Item_ Number 08/26110 VII. B. 5. ^1 Recycle Tons Commodity Percentage Recycled Newspaper 7.88% 268.33 Cardboard .6.42% . 218.51 Mixed Paper 5.13% 174.57 Glass 2.80% 95.33 PET 0.59% 20.01 HDPE 0.45% 15.3 Aluminum Cans "°0.33% '11:38 Non - Ferrous Metal 0.44% 14.91 Tin /Metal 0.65% 21.97 Greenwaste 9.78% 333.06. Organic/ Fines " 12:67% 431.53 Wood 1.41% 47.86 Concrete/Asphalt 1.88 %0 •93.95 Drywall 0.00% 0 Totals 50.41%1 1716.71 '" Note: This material includes food / small particulate and inert material. Total Tonnage Recycled Tonnage Landfill Tonnage County & Wewport iBch. 3405.18 208.25 1716.71 105.83 1688.47 102.42 Total 3613.43 1822.54 1.790.89 Meeting Date Item_ Number 08/26110 VII. B. 5. ^1 CR Transfer To: Joan Revak From: CR Transfer Inc. Jurisdiction: Costa Mesa Sanitary District Santa Ana Heights (11) Month/Year: Jul -10 Recycling Report " Note: This material includes food / small particulate and inert material. Total Tonnage 208.25 Recycled Tonnage 105.83 Landfill Tonnage 102.42 • • • Rec cle Tons Commodity Percentage Rec cled Newspaper 10.19% 21.21 Cardboard 6.65% 13.86 Mixed Paper 7.63% 15.89 Glass 3.30% 6.86 PET 0.78% 1.62 HDPE 0.44% 0.93 Aluminum Cans 0.51% 1.05 Noii- Ferrous Metal 0.27% 0.57 Tin /Metal 0.96% 2.01 Greenwaste 1.30% 2.7 Organic/ Fines 11.67% 24.3 Wood 5.17% 10.77 Concrete/Asphalt 1.95% 4.06 Drywall 0.00% 0 Totals 50.81% 105.83 " Note: This material includes food / small particulate and inert material. Total Tonnage 208.25 Recycled Tonnage 105.83 Landfill Tonnage 102.42 • • • 0 0 is ffOMVaUjSOD MOM UMn Mw MOM M@M UAM =@M o o a o o City 3,002.68 2,847.42 3,419.43 3,325.48 3,026.43 3,546.84 3,405.18 County 179.37 178.37 205.54 158.48 189.95 232.40 208.25 %MM t =% Uma 91IMM 940M UP&M 9AMM o City 1,488.89 1,411.91 .. 1,695.54 1,648.95 1,500.65 1,757.42 1,688.47 City 1,513.79 1,435.51 1,723.89 1,676.53 1,525.78 1,786.80 1,716.71 County 91.18 90.64 104.44 80.52 96.53 118.08 105.83 UU°OE[J 9 3 9 ° •N 0 909A• ° 9~ 9M w 90 ° o�1Q°'7 9i1 City 1,488.89 1,411.91 .. 1,695.54 1,648.95 1,500.65 1,757.42 1,688.47 County 88.19 87.73 101.10 77.96 93.42 114.32 102.42 A O @949ft @&a% 'A composite recycling percentage for City S County based on new characterization studies completed by CRT. Waste Diversion 201 0/1'r M09/10 city 1,716.71 County 105.83 City 1,688.47 County 102.42 •A composite recycling percentage for City & County based on new characterization studies completed by CRT. Waste Diversion FY- 09 /10jr Oa/Owl 0 city 3,405.18 County 208.25 city 1,716.71 County 105.83 City 1,688.47 County 102.42 •A composite recycling percentage for City & County based on new characterization studies completed by CRT. Waste Diversion FY- 09 /10jr Oa/Owl 0 REPRINT &WN 'd /A/CaW RAT o ED 0 BILL TO: COSTA MESA SANI 628 W 19TH ST COSTA MESA CA INVOICE 1 08/26110 ate I Vu 5. � DIST AREA 9 92627 i TO PAY BY CREDIT CARD, PLEASE FILL IN INFORMATION ON BACK OF REMITTANCE INVOICE #: INVOICE DATE: 16134 8/01/10 COSTA MESA SANI P.O. BOX 1200 COSTA MESA CA DIST AREA 9 92627 09- CUSTOMER #n PREVIOUS AMOUNT DUE . PAYMENTS CURRENT CHARGES TOTAL GLUE 195,423.30 .00 17,604.78- .177,818.52 Please detach here and return with your payment CHECK # P - - - - s - ----- --- i - - - - - - a s.® CR TRANSFER, INC. 7/01/10 RESIDENTIAL WASTE 14 158.30 57.390 9,084.84 7/02/10 RESIDENTIAL WASTE 13 143.07 57.39 8,210.79 7/05/10 RESIDENTIAL WASTE 6 42.11 57.3 0 2,416.69 7/06/10 RESIDENTIAL WASTE 17 191.18 57. 90 10,971.82 7/07/10 RESIDENTIAL WASTE 13 132.46 57 390 7,601.88 7/08/10: RESIDENTIAL WASTE 13 148.23 5 .390 8,506.92 7/09/10 RESIDENTIAL WASTE 16 184.,.43 390 10,584.44 7/10/10 RESIDENTIAL WASTE 1a 763 2 5 X90 :`9,368.92 7/12/10 RESIDENTIAL WASTE 76 175 7 5 Q 10,087.44 7/13/10 RESIDENTIAL WASTE 14 147'08 57 39 8,440.92 7/14/10 RESIDENTIAL WASTE 13 121.55 57.3 6,975.75 7/15/10 RESIDENTIAL WASTE 14... 14.3..45..... ..57 90 8,232.60 7/16/10 RESIDENTIAI W'AST'E 13.' 123.73 57:390- 7,100.86 7/19/10 3 SIDENTIAL WASTE ,16 177:89 .. 5 390 10,209.11 7/20/10 RE;SID>JN`,I'IAL WASTE 14 144.. 0.5 90 8,267.03 7/21/10 RENT IAL WASTE SIDE 13 134;.78 57. 90 7,735.02 7/22/10 RESIDENTIAL WASTE -14` 159.`OD 57.3 0 9,125.01 7/23/10 RESIDENTIAL WASTE 13 141.87 57.39 8,141.92 7/26/10 RESIDENTIAL WASTE 16 183.04 57.3 0 10,504.67 7/27/10 RESIDENTIAL WASTE 15 146,30 57 9,0 8,396.16 7/28/10 RESIDENTIAL WA$'I'E 14 142;7 57 9 '0 81190.13 7/29/10 RESIDENTIAL WANE 14 1$1 5- 3;90 9,074.51 7/30/10 RESIDENTIAL WASTE 14 142:;,8 S 390 8,195.87 7/31/10 PRICING ERROR 17,604.78- TOTALS1 320 13405.181 1 177,818.52 IF YOU HAVE ANY QUESTIONS REGARDING ANY PART OF THIS INVOICE, PLEASE CALL: PREVIOUS AMOUNT DUE PAYMENTS CURRENT CHARGES TOTAL DUE I C— INVOICE TOTAL 177,818.52 177812 0 .00 51954 CUSTOMER #: 09- 9 2 INVOICE # 16134 P.O. BOX'1200 OVERDUE AMOUNTS SUBJECT TO FINANCE CHARGE ® Rinsed - Recycled Paper REPRINT 1, Afft Aft gmppw :RAN -`FAR BILL TO: INVOICE COSTA MESA SAKI DIST -SA HGT 628 W 19TH ST COSTA MESA CA 92627 MAIL PAYMENT TO: CR TRANSFER; INC. P. O. BOX 125 STANTON, CA 90680 -01.25 TERMS: NET 10 DAYS TO PAY BY CREDIT zi CARD, PLEASE FILL IN INFORMATION ON BACK OF REMITTANCE INVOICE #: INVOICE DATE: 16135 8/01/10 COSTA MESA SANI DIST -SA HGT P.O. BOX 1200 COSTA MESA CA 92627 09- CUSTOMJT 4:8 PREVIOUS AMOUNT DUE PAYMENTS CURRENT CHARGES TOTAL DUE 11,951.46 00 1 1,076.65- 10,874.81 Please detach here and return with your payment CHECK # CR TRANSFER, INC. DATE, DESCRIPTION' LO 7/07/10 RESIDENTIAL WASTE 1 11.15 57.390 639.90 7/08/10 RESIDENTIAL WASTE 4 48.19 57.39 2,765.62 7/13/10 RESIDENTIAL WASTE 1 5.73 57.39 328.84 7/14/10 RESIDENTIAL WASTE 4 39.5 57.3 0 2,272.07 7/20/10 RESIDENTIAL WASTE 1 8.6 57. 90 497.57 7/21/10 RESIDENTIAL WASTE 4 41.18 57.390 2,363.32 7/27/10 RESIDENTIAL WASTE 1 5.,, 39Q 401.7 7/28/10 RESIDENTIAL WASTE 4 46 a7 7 3913 2,682.4 7/31/10 PRICING ERROR ;1,076.65 7/31/10 PRICING ERROR 2,153.30- TOTALS 20 208.2q 10,874.81 IF Ynt I HAVP ANY Ot)FSTIONS REGARDING ANY PART OF THIS INVOICE. PLEASE CALL: 714 826-9049 PREVIOUS AMOUNT DUE PAYMENTS CURRENT CHARGES TOTAL DUE INVOICE TOTAL 11,951.46 00 1,076.65- 10 874.81 10874.8 CUSTOMER #: 0 9 - 11 8 INVOICE # 16135 P.O. BOX 1200 OVERDUE AMOUNTS SUBJECT TO FINANCE CHARGE I) Rioted - R--ded NW COSTA MESA SA9�I7�7�yDI,SZRIC7 ... an Independent Specia[District Memorandum To: Board of Directors Staff From: I Isidro Gallardo, Ordinance Enforcement Officer Date: August 16, 2010, 2010 Subject: Ordinance Enforcement Officer Monthly Report, July 2010 DISCUSSION: For the month of July, the District OEO focused a lot of his time to the East side of Costa Mesa (East of 55 freeway); high traffic volume streets such as Elden, Orange, and Santa Ana Avenues. It is my observation that more and more residents on these streets are leaving their trash containers out on the street curb for several days after trash has been picked up. As mentioned, these are high traffic streets and the trash containers left out on the street curbs only draws unfavorable attention. Also, attention was given to 19th street (between Pomona Ave and Whittier Ave). Several residents on this portion of 19th street do not store their trash containers out of public view. Pending Issues: Since the publication and release of the Districts' "Summer Newsletter July 2010 ", several residents have called in to the District Office to report scavengers. In the upcoming weeks the District OEO will increase surveillance in the areas reported. A summary of the courtesy notice process for the District OEO is provided in the following chart and demonstrates the effectiveness of a ``1 s' Notice ": July 1, 2010 -July 31, 2010 1St Notice 2" Notice Courtesy Letter South of-Wilson St. 32 11 0 Wilson St. to Adams Ave. 25 3 0 Adams Ave. to Sunflower Ave. 22 4 0 RECOMMENDATION: The CMSD Board of Directors accepts this July 2010 OEO Report. Protecting our community's Health by providing solid waste and sewer collection services. crosdcagov • COSTA MESARNITARY DISTRICT CAPITAL IMPROVEMENT PROGRAM 2010 -2011 • PROJECT: j #101 West Side Pumping Station Abandonment - PROJECT MANAGER: _ ... Rob Hammers - — -- -- DESCRIPTION: -- - - -- - - - - - - —.: - _. -- - -- - - - - - - - -- - pumping stations, abandon the CNB station in the CNB island on W. 19th Street, Abandon 6 CMSD u and abandon the private pumping station on W. 18th Street by constructing new gravity lines. The project would also alleviate the north half of the Banning Ranc START DATE. 7/1/2012 COMPLETION DATE: 6/30/2013 - - - -. - - - - -- - STATUS REPORT: - -- - - - - -- - - - - -- - - - -- - - -- ----------- -- -- 8/26/10 CMSD staff and -- — - - -- - - - -- -- -- -- - - - - -- - -- ._ . _ . __.: - - - -- - - - -- . _ _ - - - -- - - two Directors met with OCSD staff on 8/4/10 to discuss the framework of the project. OCSD will be constructing its own gravity sewer to accept the CMSD and CNB flows and send it under the Santa Ana River to OCSD Plant No. 2. OCSD FINANCIAL STATUS through 7131110: ': Approved Proj July 30, 2010 Current Year Account Number Budget Accumlated Cost Expenditures Encumbrances Balance #101 - - - - -- - - - - - -- - _ - - -- - - -- - - -__ 999,941: - - 999,941- - - -- -- .: -- - 20' - - - -- Total - - - - -- __ .. — - - - - - -- - - -- - - -- - -.. - -- - -- _ .. -- ---- -- -- 999,941 - - 999,941 'o I � �• 0 i v <» EO =m Pz. i C " 3 COSTA MESA SANITARY DISTRICT CAPITAL IMPROVEMENT PROGRAM 2010 -2011 PROJECT: #183 -2 Bristol Street Sewer Replacement n/o Randolph PROJECT MANAGER: Rob 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: 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. 3/25110 -The apparent conflict with the gas and sewer lines was resolved and the sewer replacement plans completed to 90 %. The soils investigatic 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. 4/22/10 - 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. 5/27/10 - The traffic control plan was prepared and the sewer plans and traffic control plans were submitted to the City of Costa Mesa for first plan check. The soils investigation is underway. 6121/10 The City has not completed nor returned first plan check comments. The soils report is being prepared. 6/21/10 The City has not completed nor returned first plan check comments. The soils report is being prepared. Due to other projects in the vicinity of this project and the OC Fair, construction will occur after the OC Fair. 7/22/10 The project is ready to be placed out to bid. Construction will begin after the OC Fair. - - --------- - -- -- — - — - ... -- -- - - - - - - - - . 8/26/10 The project is out to bid and bid opening is 917/10. FINANCIAL STATUS through 7/31/10. Approved Proj July 30, 2010 Current Year Account Number Budget Accumlated Cost Expenditures Encumbrances ; Balance - - -158 017 = - -- 25 473 1,190 F - 132,544 #183 -2 - - _ 20 - Total ! 158,017 25,473 ! 1,190 132,544 COSTA MESAWITARY DISTRICT • CAPITAL IMPROVEMENT PROGRAM 2010-11 PROJECT: #187 District Yard PROJECT MANAGER: Rob Hamers, District Engineer DESCRIPTION: #187 Construction of new District Yard at 174 W. Wilson Street, Costa Mesa START DATE: Sep-09 -- --- - ----- �gQMFLEII04 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 all 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. 5/27110 - Construction is approximately 95% complete. The doors and windows were installed on the building so the building is now secure. The parking lot concrete was installed. The City of Costa Mesa will be installing the street improvements as part of their Wilson Street rehabilitation project. 6/21110 The Yard should be complete and a C of 0 issued by the end of June 2010. The City will not be installing the street improvements until mid 2011 so a temporary drive approach was constructed. 6/21/10 The Yard should be complete and a C of 0 issued by the end of June 2010. The City will not be installing the street improvements until mid 2011 so a temporary drive approach was constructed. 7/22110 Construction is essentially complete. The District will learn the LEED accreditation level in mid November or early December 2010. The City street improvements will probably be constructed by then. 8/26110 Construction is essentially complete, however, a delay in having phone lines installed is holding up the certificate of occupancy. FINANCIAL STATUS through 7131/10: Approved Proj July 30, 2010 Current Year Account Number Budget Accumlated Cost Expenditures Encumbrances Balance -----2-,7--88-,-,4-9-1, i 2,209,742 42,641 578,749..: Total 361 2,788,491 2,209,742 42,641 578,749 COSTA MESA SANITARY DISTRICT CAPITAL IMPROVEMENT PROGRAM 2010 -11 PROJECT: #188 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- 6ct -09 COMPLETION DATE: 30- Sep -11 STATUS REPORT: 2/25110 - 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. 3/25/10 - 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. 4122/10 - 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. 5/27/10 - Phase I consisting of converting the atlas to GIS, developing CMMS, and producing cleaning maps for the sewer system is 95% complete. The CMSD GM is working on obtaining the basic parcel data needed to complete the atlas. 6121110 Phase i will be completed when the District obtains the basic parcel data from the County. The District needs to authorize Phase II to begin by the end of June 2010 to remain on schedule. 7/22/10 EEC requires the basic parcel data to complete Phase I. The notice to proceed on Phase II was given to EEC on 6/25/10. 8126110 EEC is still waiting for the basic parcel data to complete Phase I along with a few sets of plans from the District Engineer to complete the update. The sewer cleaning maps in Phase I were completed as well. Phase II (CMMS) is underway. — - - - -- - FINANCIAL STATUS through 7/31/10: Account Number Approved Proj July 30, 2010 Current Year _ Budget Accumlated Cost Expenditures Encumbrances Balance I #188 194,875 44,065 150,810 - - 1 20 Total 194,875 44,065 - 150,810 j COSTA MESA SANITARY DISTRICT CAPITAL IMPROVEMENT PROGRAM 2010-11 PROJECT: 4189 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 plans and specs are being prepared. START DATE: :February 1, 2010 COMPLETION DATE: Mid 2011 STATUS REPORT: 4122110 - Engineering staff has discussed the sewers and deleted non-essential items from the project scope of work. Plans and specs are 5% complete. 5127/110 - Proposals were obtained for traffic engineering and soils investigation for removing the sag in the sewer in South Cost Drive easterly of Harbor Blvd. Plans and specs are approximately 25% complete. ... ...... . -- --- --- -- - - - - 6121110 - Traffic Control Plans are being completed for the South Coast Drive lane closure to allow drilling for the soils report. Progress on the project plans is continuing. 7/22110 - The design phase is continuing. The land closure plan was completed and drilling for the soils investigation on South Coast Plaza has occurred. ---------- - ---- --- 8/26/10 -The plans are ready for submittal to the City of Costa Mesa for 1st plan check. Work is beginning on the specs. The scope of work on the project was minimalized to save the District as much as possible of the $1.3 Million _paid by OCSD. FINANCIAL STATUS through 7131/10: Approved Prof ; July 30, 2010 Current Year Account Number Budget I Accumlated Cost Expenditures Encumbrances Balance #189 48,800 23,889 6,777 24,911 20 -------- ---- . .. ... -------- Total 48,800 23,889 6,777 24,911 "t • • r 1 I t/ Meeting Date Item Number 08/26110 VII. C. 2. 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: Contract Amount C. O. Amount Total Contract Amount Work Completed To Date Less Retention @ 5% Less Previously Billed TOTAL AMOUNT DUE Date: 7/23/2010 Invoice: 68519 -011 HSWCC Job #: 68519 July 31, 2010 2,161,546.00 94,669.06 2,256,215.06 ✓r :ee e c 2,137,398.55 106,869.93 2,030,528.62 1,990,005.85 V 40,522.77 V/ IS7 Oil, - y/-;k+/10 'FP-00 flay 1 AIA- PAYMENT APP APPLICATION AND CERTIFICATE FOR PAYMENT PAGEONEOF PAGES TO OWNER: PROJECT: APPLICATION NO.: 68519 -011 Distribution to: Costa Mesa Sanitary District CMSD Corporate Yard New Btdg & Site Imp PERIOD TO: 07/31/10 x OWNER 628 W. 19th Street 174 W. Wilson Street PROJECT #: 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 1901 Nancita Circle Costa Mesa Sanitary District Placentia, CA 92870 628 W. 19th Street Costa Mesa, CA 92626 CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor cerll0es that to the best of the Contractors knowledge, information and belief Applleetlon Is made for payment, so shown below, in connection with the Contract. the Work covered by this Application for Payment has been completed In accordance with the Contract Conitnualbn sheet, AIA Document G703, is attached. Documents, that all amounts have been paid by the Contreclor for Work for which prevt❑us Certificates for / Payment were issued and payments received from the Owner, and that current payments shown herein 1. ORIGINAL CONTRACT SUM 2,161,546.00 tJ is now due. 2. Not change by Change Orders 3. CONTRACT SUM TO DATE (Line 1 +/- 2) 4, TOTAL COMPLETED & STORED TO DATE (Column G on G703) S. RETAINAGE a. 5 %, except Design Q 0% 106,869.93 1/ (Columns D + E on G703) b. % to Stored Material $ (Column E on G703) Total Relainage (Line 5a + 5b or Total In column 1 of G703) 6. TOTAL EARNED LESS RETAINAGE (Line 4 less Lino 5 Total) 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT (Line 6 from prior Certificate) 8. CURRENT PAYMENT DUE 9. BALANCE TO FINISH, INCLUDING RETAINAGE (Line 3less Line 6) 225,686 94,669.06 ✓ CO CTOR: 2,256,215.061! e ^ ._--- / Damn Dalton, Project Manager 2,137,398.55 ✓ state of: California County of: Orange Subscribed and sworn to before j me this Z7 rd- day of 'Z W 106,869.93 2,030,528.6d2✓/ ao,sz2.77 CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS Total charges approved In previous months by Owner $22,164.28 $0.00 Total approved this month $0.00 $0.00 TOTALS $0.00 $0.00 NET CHANGES by Change Order $0.00 Date: LISA A. "Ll"I'A porttrt�saiott 1878708 Nowy Pnblk - Ca1N011 > ?_d 1 0MR06 County 7 CoRpn, Ex ins Feb 27, 201 4 ,tea n Notary Publl LA, —� �(}� No Commission res: •�i ✓.Jl � �� ARCHITECT'S CERTIFICATE FORPAYMENT In accordance with Contract Documents, based on on -site observations and the data comprising this application, the Architect certifies to the Owner that to the best at the Archilest'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 explanation if amount certified differs from the amount applied for. initial all Rgures on this Appticffon and on the Continuation Sheet that are changed toconform to the amount certified.) ARCHITECT: 6y: Dale: This Certificate is not negotiable. The AMOUNT CERTIFIED Is payable only to the Contractor named herein. Issuance, payment and acceptance or payment are without prejudice to any rights of the Owner or Contractor under this Contract. Page 3 0 101 0 - ---------- - - .......... .. . ....... 1.11.1-- . . ... ......... ........ ....... . ........ .. .......... ...... .. ........... . rnklTI AN cuFC-r 0 0 APPLICATION NO: 68519-011 CMSD Corporate Yard New BuBding & Site Improvements APPLICATION DATE: 7123/2010 SCHEDULE OF VALUES PERIOD TO: 7/31/2010 ARCHITECT'S PROJECT NO: A B C D E F G H I J K L ITEM NO. DESCRIPTION SCHEDULED VALUE CHANGE ORDERS TO DATE REVISED VALUE WORK COMPLETED MATERIALS PRESENTLY STORED (NOT IN F or G) TOTAL COMPLETED AND STORED TO DATE (G -H) PERCENT COMPLETE (JIF) BALANCE TO FINISH (E•I RETAINAGE (5% of 1) FROM PREVIOUS APPLICATION THIS PERIOD 7 Automatic Sliding Gates 18,2871 18,287.00 18 287.00 0.00 0 18,287.00 100.00% 0.00 914.35 2 Earthwork 30,772 30 772.00 30.772.00 0.00 0 V, 30 772.00 100.00% 0.00 1,538.60 3 Erosion & Sediment Control 5,913 5,913.00 5,913.00 '0.00 0 5,913.00 100.00% 0.00 295.65 4 Underground Utilities 10,893 70,893.00 70 89300 0.00 0 70,893.00 100.00% 0.00 3,544.65 5 Pavement Markings 2,200 2 200.00 0.00 2,200.00 0 2,200.00 100.00% 0.00 110.00 6 Site Concrete 58 927 5B,927.00 58,927.00 0.001 0 ill 58 927.00 100.00% 0.00 2,946.35 7 Landscape & Irrigation 18,610 18 610.00 T 18 610.00 0.00 0 J, 18,610.00 100.00% 0.00 930.50 8 Concrete & Reber 92,344 92 344.00 92,344.00 0.00 0 92,344.00 100.00% 0.00 4 617.20 9 Block Masonry 183,535 183,535.00 183,535.00 0.00 0 183,535.00 100.00°% 0.00 9,176.75 10 Structural Steel 56,103 56,103.00 56 103.00 0.00 0 56 103.00 100.00% 0.00 1 2,805.15 11 Ornamental Metals 17,900 17,900.00 Ji 17,900.00 0.00 0 17,9W.00 100.00% 0.00 895.00 12 Rough Carpentry 118,800 118,800.00 118 800.00 0.00 0 118,800.00 100.00% 0.00 5,940.00 13 Finish Carpentry 12,100 12100.00 1J, 12,100.00 0.00 0 12100.00 100.00% 0.00 605.00 14 Building Insulation 23,450 23,450.00 V 23450.00 0.00 0 j 123,450.00 100.00% 0.00 1,172.50 15 Sheet Metal /Siding 129,410 129,410. 0 V. 50,569.00 3,443.00 0 54,012.00 41.74°% 75,398.00 2,700.60 16 Membrane Roofing System 46,731 46 731.00 4 46 ,731.00 0.00 0 tif 46,731.00 100.00% 0.00 2 336.55 17 C-aulkinq & Sealants 2,901 2,901.00 V, 2180.45 720.55 0 2,901,00 100.00% 0.00 145.05 18 Doors & Frames 15,290 15 290.00 vt 15 290.00 0.00 0 15,290.00 100.00% 0.00 764.50 19 Coiling Doors 8,390 8,390.00 V 8,390.DD 0.00 0 it 8,390.00 100.00% 0.00 419.50 20 Skylights 18,000 18 000.00 41 18,000.00 0.00 0 18,000.00 100.00% 0.00 900.00 21 Aluminum Entrances and Curtainwall 90,500 90,500.00 41 90 500.00 0.00 0 90 500.00 100.00°% 0.00 4,525.00 22 Metal Studs and drywall 79,500 79,500.00 79,500.00 0.00 0 79 500.00 100.00°% 0.00 3,975.00 23 Acoustical Ceilings 9,850 91850.00 9,850.00 0.00 0 9.850.00 100.00% 0.00 492.50 24 Resilient FlooringfTile 27,569 27 569.00 27 569.00 0.00 0 Itl 27,569.00 100.00°% 0.00 1,378.45 26 Painting 15.300 15,300.00 15,300.00 0.00 0 1, 15 300.00 100.00% 0.00 765.00 27 Si na a 13,000 13,000.00 10 400.00 0.00 0 10,400.00 80.00°% 2,600.001 520.00 28 Metal Lockers 3,000 3,000.00 0.00 3 ODO.00 0 3,000.00 100.00°% 0.001 150.00 29 Folding Partitions 9,000 9,000.00 9,000.00 0.00 0 9,000.00 100,00% 0.00 450.00 30 Fire Extin uishers 300 300.00 A 0.00 0.00 0 of 0.00 0.00°% 300.00 0.00 31 Toilet Accessories 2,236 2,236.00 J. 0.00 2,236.00 0 it 0 2,236.00 100,0090 0.00 111.80 32 Residential Appliances 3,175 3,175.00 3,175.00 0.00 0 3175.00 100.00% 0.00 158.75 33 Fire Protection 17,763 17 763.00 16 877.00 688.00 0 17 763.00 100.00% 0.00 888.15 34 Plumbing 81,995 81,995.00 81 995.00 0.00 0 81 995.00 100.00°% 0.00 4,099.75 35 Fuel Tank 54,306 54 306.00 54,306.00 0.00 0 54,306.00 100.00% 0.00 2,715.30 36 HVAC 120,174 120 174.00 114,669.40 5 504.60 0 120,174.00 100.00% 0.00 6,008.70 37 Electrical 249,241 249,241.00 244 255.13 4,985.87 0 249 241.00 100.00% 0.00 12,462.05 38 Photovoltaic Panels 83,028 83 02B.00 66,426.00 i6 602.00 0 83 028.00 100.00% 0.00 4,151,40 OCO#1 COP#1: Masan block/rebar submittal delays 8,128.04 8,128.04 8,128.04 0.00 0 $ 128.04 100.00% 0.00 406.40 COP#2: Increase footing - retaining wall 7,562.60 7,562.80 7,562.60 0.00 0 7,562.60 100.00% 0.00 378.13 COP#3: Undocumented piping in street 2 503.73 2 503.73 2,503.73 0.00 0 2,503.73 100.00 °% 0.00 125.19 COP#4:. Demo unforseen septic tank 1,448.85 11448.85 1 448.86 0.00 0 1,448.85 100.00% 0.00 72.44 COP#5: Changes in Edison/telephone/cable 2 723.15 2,72& 272315 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 2592J 100,00% 0.00 129.62 COP#7: Added expansion joint on interior slab 2,390.29 2,390.29 2,390.29 0.00 0 2 390.29 100.00% 0.00 119.51 88518.011 JUL10.x1sx PAGE 01 OF 8 A B C D E F G H I J K L ITEM NO. DESCRIPTION SCHEDULED VALUE CHANGE ORDERS TO DATE REVISED VALUE _ WORK COMPLETED_ FROMPREVIOUS APPLICATION _ THIS PERIOD MATERIALS PRESENTLY STORED (NOT IN F or G) TOTAL COMPLETED ANDSTORED TO DATE (G +H) PERCENT COMPLETE (J/F) BALANCE TO FINISH E -1 RETAINAGE 15% off) OCO#2 COP#8b: Staff costs for 14 rain related delays 36.688.11 36 688.11 36 688.11 0.00 0 36,688.11 100.00% 0.00 1,834.41 COP#10: FC 1.3 relocation 8,826-66 8,826.66 8,826.66 0.00 0 8,826.66 100.00% 0.00 441.33 COP#13: Airline size change 21523:98 2,523.98 2,523.98 0.00 0 2,523.98 100.00% 0.00 126.20 COP#16: Anti -graffiti coatis 1,376.03 1,376.03 1,376.03 0.00 0 1,376.03 100.00% 0.00 68.80 Signed COPS for Future OCO#3 COP#18: Paint one side of roll u door 541.53 541.53 0.00 O.DD 0 0.00 0.00% 541.53 0.00 COP#19: Add Paint to parapet coping 2,523.45 2523'46 0.00 0.00 0 .0.00 0.00% 21523.46 0.00 COP#20: Remaveefflorescence 4,465.43 4,465.43 0.00 0.00 0 0.00 0.00% 4465.43 0.00 COP#21: Deliver and install existing hoist crane 9,310.33 9,310.33 0.00 0.00 0 0.00 0.00% 9,310.33 0.00 COP#22: Monochem Dexcoat coatis to mezzanine floor 4 133.05 4,133.05 0.00 0.00 0 0.00 0.00% 4,133.05 0.00 COP#25: Electrical changes for site conditions 2 116.20 2,116.20 0.00 0.00 0 0.00 0.00% 2,116.20 0.00 Subtotal 1,790,493 94689.08 1,885162.06 1,744,196.04 39578.02 0 1,783,774.06 94.62% 101,388.00 89,188.70 38 General Requirements 52,683 52 883.00 jj 49.5-35.51 502.39 0 50 037.89 94.62% 2,845.11 2,501.89 40 General Conditions 218,679 218,679.00 204,836.62 2,077.45 0 V 206 914.07 94.62% 11 764.93 10,345.70 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 41 1,200.00 100.00% 0.00 60.00 43 General Liability Insurance 23,818 23,818.00 23 818.00 0.00 0 V, 23 818.00 100.00% 0.00 1 1,190.90 44 Overhead and Profit 52,388 52,388.00 49 071.84 497.69 0 49 589.53 94.62% 2,818.47 2,478.48 45 Performenceand 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 94,869.06 2,256,215.08 V 2,094,743,01 42,655.551 011112,137,398,55 94.73% 118 816.51 106,869.93 2,137,398.55 118,816.51 106,869.93 Contract extension of 6 workdays (8 calendars) for COP #1 Contract extension of S workdays (10 calendars) for rain delays through December 2009 Rain related delays: 10/13/09 - 10116/09 12107/09 - 12108!09 12/1112000 1213012009 The Contract Time will be Increased by 14 work days Date of Substantial Completion B1ru OCO #1 May 28, 2010 The Contract Time will be increased by 14 work days per Rob Hamers e-mail did 5/14110; Date of Substantial Completion, OCO #2 June 18, 2010 88510.011 JLIL10.xW PAGE #2 OF 8 -------- - ---- ................ ... . . ... ...... . . .... .... ......... -.1 ... ..... ....... .. . . . ... ..... ... . . . . .. . . . . . . . . . .. .. . . .. . . . . .. . .. . . .. ... . ........ . ... . .. • CONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT Upon receipt by the undersigned of a check from Costa Mesa Sanitary District in the sum . 40,522.77 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 July 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: � k-- Howard S. Wright Constructors By: /tn ^ �C✓� Title: �r,e y�ta,,Aaer • HOWARD S. WRIGHT CONSTRUCTORS JOB BILLING SUMMARY JOB #? 68519 ITEM Lump Stun JOB TO DATE M10 ENG'R, ACCT ETC. FEE OVER G. MAX RETENTION memo VACATION PENSION G/L INSURANCE SERVICE TAX EXCISE TAX SALES TAX _ TOTAL 68519 40,522.77 1,990,006 2,030,528.62 Date: 07/23/10 MONTH: 07/31/10 PREVIOS WCT TOTAL TO DATE CURRENT PREVIOUS CUMULATIVE BILLING TOTAL TOTAL 42,655.54 2,094,743.01 2,137,398.55 2,132 78tr7 1 106,869.93 0.00 0 0.00 COMPLETE DUE DATE LOCATION: IRVINE, CA PoJect Desc Acepunt # 1nptJl By . CMSD Co orate Yard New Buildin g & Site Improver ':lnvo�ce# ;` GRO$S Invoice Date :';' 42,656 07/23/10 G/L Dat Retenrion Net Dine: 2,133 40,523 Due Date 08/22/10 Cost Citr Acct # Cost Code Amount 1390 42,656 • } Meeting Date Item Number 08/26/10 I VIL D: 1. `MESS SAN, TAjUDIS9Rkq- COSTA Memorandum ...an Independent Specia(District To: Board of Directors Via: Scott Carroll, General Manage From: Sherry Kallab, Administration Manager Q Date: August 26, 2010 Subject: Financial Reports as of July 31, 2010 Summary Staff is providing the Board with the Financial Reports as of July 31, 2010. Staff Recommendation . 1. Staff recommends the Board receive and file the Financial Reports as of July 31, 2010. 2. Ratify payments for the month of July 2010 in the amount of $1,294,937.75 3. Ratify Director's compensation and expense reimbursements for the month of July 2010 in the amount of $6,122.50 Analysis The financial highlights for the month of July 2010 are as follows: Revenues As of July 31, 2010 the solid waste fund had revenues of $2,252 which were $5,321,748 under the budgeted revenues of $5,324,000. As of July 31, 2010 the liquid waste fund had revenues of $4,710 which were $5,221,290 under the budgeted revenues of $5,226,000. Revenues under budget are due to the first payment of the annual trash and sewer charges scheduled for receipt until November 2010. Expenditures As of July 31, 2010 the solid waste fund had expenditures of $228,062 leaving 95.71 %, or $51095,048 of the $5,323,110 budget available. Protecting our community's health by providing'solid waste and sewer collection services crosdcagov Board of Directors August 26, 2010 Page 2 of 3 As of July 31, 2010 the liquid waste fund operations and maintenance expenditures were $178,440 leaving 94.82°/x, or $3,268,520 of the $3,446,960 budget available. Actual CIP expenditures were $9,077 of the $1,776,000 budget for fiscal year 2010 -11, leaving $1,766,923 to be expended or carried forward to fiscal year 2011 -12. The final CIP carryforwards from fiscal year 2009 -2010 are expected to be calculated by October 2010. In summary the expenses over revenues were $225,810 and $182,807 for the solid waste fund and liquid waste fund respectively. Board members re orted attendance at the tollo ing meetings for the month of Board Member Meetin s Compensation Mileage President Schafer ISDOC Board Mtg $221 $5.00 WACO General Meeting $221 $5.00 Finance Corp. Meeting $221 CSDA Board Meeting $221 WACO Planning Comm $221 $5.00 CSDA - P.H. $221 Vice President CMSD Sewer System $221 Ooten CWEA Mid Yr Collections $221 $571.50 CMSD Recycling Comm. $221 CMSD Sewer System Sub $221 CMSD Board Meeting $221 ISDOC Board Mtg $221 $3.50 Director Monahan CMSD Board Meeting $221 CMSD Sewer System $221 Director Ferryman CMSD Sewer System $221 Chamber of Commerce $221 $3.00 CMSD Sewer System Sub $221 CMSD Board Meeting $221 ISDOC $221 $4.50 Director Perry WACO General Meeting $221 CMSD Sewer System $221 Chamber of Commerce $221 CMSD Sewer System Sub $221 CMSD Board Meeting $221 ISDOC $221 Legal Review None. Financial Review July 2010: A i • T 4 LI Board of Directors August 26, 2010 Paae 3 of 3 Revenues Expenses Revenues Over /(Under) Expenditures Revenues Expenses Expenses -CIP Revenues Over /(Under) Expenditures Solid Waste Available/ Budget Actual (Over) $ 5,324,00.0 $ 2,252 $5,321,748 $ 5,323,110 228,062 $5,095,048 $ 890 $ (225,810) Liquid Waste $ 3,040 $ (182,807) . 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 2011 -2 • Available/ Budget Actual (Over) $ 5,226,000 $ 4,710 $5,221,290 $ 3,446,960 $ 178,440 $3,268,520 $ 1,776,000 $ 9,077 $1,766,923 $ 3,040 $ (182,807) . 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 2011 -2 • j • Meeting Date Item Number 08/26110 VIL D. 2. COST A �I�i�,SA SAa�r7A�� DISTRICT Memorandum To: Board of Directors Via: Scott Carroll, General Manage From: Marc Davis, Treasurer Date: August 26, 2010 . ... an Independent Specia[ District Subject: Investment Report for the Month of July 2010 Summary Attached is the Investment Report District's Statement of Investmen t investment activity during the month. Staff Recommendation for the month of July 2010. As required by the Policy, the Investment Report delineates all Approve the Investment Report for the month of July 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 July 31, 2010. The District's investments are in compliance with the Statement of Investment Policy adopted by the Board at the June 21, 2010 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 August 26, 2010 Page 2 of 2 is The weighted average stated rate of return (current yield) for the District's investment portfolio as of July 31, 2010, was 1.251%. The yield to maturity of the portfolio was 1.620 %. The District's weighted average interest rate was 72 basis points (0.720 %) above the daily effective yield of LAIF, which was 0.531% as of July 31, 2010. The weighted average number of days to maturity for the District's total portfolio was 752 days (206 years). The average duration of the underlying securities in LAIF as of July 31, 2010, which is the most current information available, was 199 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 July 31, 2010 was 55.20 %. As of July 31, 2010, the District has adequate operating reserves necessary to meet its obligations for the next six months. Strategic Plan Element & Goal Not applicable. Legal Review is Legal review is not required. Financial Review The portfolio was budgeted to earn an average of 1.25% for the year ending June 30, 2011. Committee Recommendation Review by the Investment Oversight Committee is not required this month. 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 0 2 • • Costa Mesa Sanitary District Pooled Cash and Investments by Fund as of July 31, 2010 CMSD Solid Waste Activities CMSD Liquid Waste Activities Total Pooled Cash & Investments 8/17/10 Marcus D. Davis Date Treasurer /Director of Finance 1 $ 4,453,622.71 9,748,130.07 $ 14,201,752.78 COSTA MESA SANITARY DISTRICT Treasurer's Report of Pooled Cash and Investments _ as of July 31, 2010 Deposits Outstanding Active Accounts Bank Balance In Transits Checks Book Balance Bank of America $ 26,854.25 - 334,227.10 $ (307,372.85) Reconciling Items - - - - Total Active Accounts 26,854.25 - 334,227.10 (307,372.85) Market Adjustment Investments Market Value Increase Decrease Cost Local Agency Investment Fund $ 6,902,966.99 - $ 6,902,966.99 Money Market/Sweep Account 1,106,158.64 - 1,106,158.64 Federal Agency Securities 6,539,252.50 - 39,252.50 6,500,000.00 Total Investments 14,548,378.13 - 39,252.50 14,509,125.63 Total Pooled Cash & Investments $ 14,575,232.38 $ - $ 373,479.60 $ 14,201,752.78 • • Costa Mesa Sanitary District Pooled Cash and Investments by Fund as of July 31, 2010 CMSD Solid Waste Activities CMSD Liquid Waste Activities Total Pooled Cash & Investments 8/17/10 Marcus D. Davis Date Treasurer /Director of Finance 1 $ 4,453,622.71 9,748,130.07 $ 14,201,752.78 COSTA MESA SANITARY DISTRICT Investment Activity Summary as of July 31, 2010 Total investments outstanding as of June 30, 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 July 31, 2010 2 $ 14,693,171.49 3,500,000.00 (500,000.00) (2,999,313.62) (184,732.24) $ 14,509,125.63 r� • • CUSIP Number n/a n/a 3136FMGJ7 3134G1AS3 3133XYKE4 3134G1 GZ1 3136FMP24 3133XYXS9 3136FM3D4 Investment Local Agency Investment Fund Bank of New York -Sweep Acct Federal National Mortgage Assn Federal Home Loan Mortgage Federal Home Loan Bank Federal Home Loan Mortgage Federal National Mortgage Assn Federal Home Loan Bank Federal National Mortgage Assn "Represents the LAIF daily rate at 7/31/10 i COSTA MESA SANITARY DISTRICT Investment and Investment Earnings as of July 31, 2010 Purchase Maturity Date Date n/a n/a n/a n/a 03/30/10 12/30/13 05/18/10 05/18/15 05/27/10 05/27/15 07/07/10 07/07/15 07/07/10 07/07/15 07/12/10 01/12/15 07/28/10 07/28/15, 3 Is Comments Interest Coupon Investment Earned at Rate Cost 07/31/10 0.531% $ 6,902,966.99 n/a 0.010% 1,106,158.64 n/a 2.250% 1,000,000.00 1,937.50 .3.000% 1,000,000.00 6,083.33 1.000% 1,000,000.00 - 2.750% 1,000,000.00 1,833.33 2.370% 1,000,000.00 1,580.00, 2.350% 1,000,000.00 1,240.27 1.500% 500,000.00 - $ 14,509,125.63 $ 12,674.43 Is Comments COSTA MESA SANITARY DISTRICT is Summary of Policy Limitations as of July 31, 2010 (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 • 4 Current % of Market Value Description 07/31/10 Maximum % U.S. Treasury Bills 0.00% UNLIMITED U.S. Treasury Notes 0.00% UNLIMITED Federal Agency Issues: FICB 0.00% UNLIMITED FLB 0.00% UNLIMITED FHLB 13.78% UNLIMITED FHLMC 13.84% UNLIMITED FNMA 17.33% UNLIMITED FFCB 0.00% UNLIMITED Other * 0.00% UNLIMITED Banker's Acceptances 0.00% 25% (1) Certificates of Deposit 0.00% 25% Negotiable Certificates of Deposits 0.00% 25%(1) Commercial Paper 0.00% 25%(1) Medium Term Corporate Notes 0.00% 20%(1) LAIF (Local Agency Investment Fund) 47.45% 40,000,000.00 Shares of Benefical Interest 0.00% 20% Money Market/Mutual Funds (Sweep Acct) 7.60% 10% per fund (2) Total 100.00% % of portfolio maturing under one year 55.20% no less than 20% % of portfolio maturing over one year 44.80% 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 • 4 COSTA MESA SANITARY DISTRICT Schedule of Investments by Instrument Type as of July 31, 2010 — Represents the LAIF daily rate at 7/31 /10 5 ' Purchase Maturity Coupon Investment % of Market % of Description Broker /Dealer Date Date Rate Cost Portfolio Value Portfolio Comments State Treasurer's Pool LAIF n/a Continuous 0.531% " $ 6,902,966.99 $ 6,902,966.99 POOL 6,902,966.99 47.58% 6,902,966.99 47.45% Money Market Mutual Fund Bank of New York n/a Continuous 0.010% 1,106,158.64 1,106,158.64 SWEEP 1,106,158.64 7.62% 1,106,158.64 7.60% Federal Home Loan Bank E.J. De La Rosa 05/27/10 05/27/15 1.000% 1,000,000.00 1,000,312.50 FHLB Federal Home Loan Bank E.J. De La Rosa 07/12/10 01/12/15 2.350% 1,000,000.00 1,004,062.50 FHLB 2,000,000.00 13.78% 2,004,375.00 13.78% Federal Home Loan Mortgage E.J. De La Rosa 05/18/10 05/18/15 3.000% 1,000,000.00 1,007,540.00 FHLMC Federal Home Loan Mortgage E.J. De La Rosa 07/07/10 07/07/15 2.750% 1,000,000.00 1,006,400.00 FHLMC 2,000,000.00 13.78% 2,013,940.00 13.84% Federal National Mortgage Assn E.J. De La Rosa 03/30/10 12/30/13 2.250% 1,000,000.00 1,007,812.50 FNMA Federal National Mortgage Assn E.J. De La Rosa 07/07/10 07/07/15 2.370% 1,000,000.00 1,011,875.00 FNMA Federal National Mortgage Assn E.J. De La Rosa 07/28/10 07/28/15 1.500% 500,000.00 501,250.00 FNMA 2,500,000.00 17.23% 2,520,937.50 17.33% Total Investments $ 14,509,125.63 100.00% $14,548,378.13 100.00% — Represents the LAIF daily rate at 7/31 /10 5 ' Broker /Dealer Local Agency Investment Fund Bank of New York E.J. De La Rosa E.J. De La Rosa E.J. De La Rosa E.J. De La Rosa E.J. De La Rosa E.J. De La Rosa E.J. De La Rosa 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 July 31, 2010 Investment Purchase Maturity Days to Coupon Yield to Type Date Date Maturity Rate Maturi Pool 1 0.531 % `* 0.531% Sweep 1 0.010% 0.010% FNMA 03/30/10 12/30/13 1,248 2.250% 2.250% FHLM 05/18/10 05/18/15 1,752 3.000% 3.000% FHLB 05/27/10 05/27/15 1,761 1.000% 6.000% FHLM 07/07/10 07/07/15 1,802 2.750% 2.750% FNMA 07/07/10 07/07/15 1,802 2.370% 2.370% FHLB 07/12/10 01/12/15 1,626 2.350% 2.350% FNMA 07/28/10 07/28/15 1,823 1.500% 2.229% "Represents the LAIF daily rate at 7/31/10 • 1.251 % 1.620% 752 Days 2.06 Years s0 Investment Cost $ 6,902,966.99 1,106,158.64 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 500,000.00 $ 14,509,125.63 i • • COSTA MESA SANITARY DISTRICT For all Maturities with Market Values as of July 31, 2010 — Represents the LAIF daily rate at 7/31 /10 7 I 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 $ 6,902,966.99 0.531% *' 6,902,966.99 6,902,966.99 - - n/a Continuous Bank of New York SWEEP 1,106,158.64 0.010% 1,106,158.64 1,106,158.64 - - 03/30/10 12130/13 E.J. De La Rosa FNMA 1,000,000.00 2.250% 1,000,000.00 1,007,812.50 1,937.50 7,812.50 05/18/10 05/18/15 E.J. De La Rosa FHLMC 1,000,000.00 3.000% 1,000,000.00 1,007,540.00 6,083.33 7,540.00 05/27/10 05/27/15 E.J. De La Rosa FHLB 1,000,000.00 1.000% 1,000,000.00 1,000,312.50 - 312.50 07/07/10 07/07/15 E.J. De La Rosa FHLMC 1,000,000.00 2.750% 1,000,000.00 1,006,400.00 1,833.33 6,400.00 07/07/10 07/07/15 E.J. De La Rosa FNMA 1,000,000.00 2.370% 1,000,000.00 1,011,875.00 1,580.00 11,875.00 07/12/10 01/12/15 E.J. De La Rosa FHLB 1,000,000.00 2.350% 1,000,000.00 1,004,062.50 1,240.27 4,062.50 07/28/10 07/28/15 E.J. De La Rosa FNMA 500,000.00 1.500% 500,000.00 501,250.00 - 1,250.00 Total Investments $ 14,509,125.63 14,509,125.63 14,548,378.13 12,674.43 39,252.50 — Represents the LAIF daily rate at 7/31 /10 7 I COSTA MESA SANITARY DISTRICT Call Schedule as of July 31, 2010 Type of Purchase Maturity Coupon 1,000,000.00 Investment Date Date Rate Par Value FNMA 03/30/10 12/30/13 2.250% 1,000,000.00 FHLMC 05/18/10 05/18/15 3.000% 1,0009000.00 FHLB 05/27/10 05/27/15 1.000% 1,000,000.00 FHLMC 7/710 07/07/15 2.750% 1,000,000.00 FNMA 07/07/10 07/07/15 2.370% 1,000,000.00 FHLB 07/12/10 01/12/15 2.350% 1,000,000.00 FNMA 07/28/10 07/28/15 1.500% 500,000.00 $ 6,500,000.00 • Investment Cost Call f=eatures 1,000,000.00 Callable 12/30/10 w /10 days notice 1,000,000.00 Callable 11 /18/10 w/5 days notice, thenafter 2,5,8,11 1,000,000.00 Callable 8/27/10 w/5 days notice, thenafter 2,5,8,11 500,000.00 Callable 1/7/11 w /10 days notice 1,000,000.00 Callable 7/7/11 w /10 days notice 1,000,000.00 Callable 10/12/10 w/5 days notice and anytime after 1,000,000.00 Callable 7/28/11 w /10 days notice, thenafter 1,4,7,10 6,500,000.00 e0 • • I �r COSTA MESA SANITARY DISTRICT - MATURITIES DISTRIBUTION as of July 31, 2010 _ ------ - ---- -------------------------------------- Cost so °% ° In Thousands 55.20% .—__--- _---------------------- - --- -- 1 - 180 Days $ 8,009 50% 37.91% — ------- -- ------ -- ----- -- ---------------------- - -- - - -- 181 - 365 Days - 40% 1 - 2 Years - 30% 2 - 3 Years - 2o °i° �..__. – - ��— � -� - -- 3 - 4 Years 1,000 s.ss°i° io °i° — r - - - - -, o:oo °i° - o.00 °i 4 - 5 Years 2,000 °— 0.00 /° TOTAL $ 11,009 0% 1 -180 181 -365 1 -2 2 -3 3 -4 4 -5 Days Days Years Years Years Years I �r 3.00 2.50 2.00% 1.50% i 1.00% 0.50 Costa Mesa Sanitary District Portfolio Interest Rate Information as of July 31, 2009 -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 Meeting D_ate I Item Number 08/26/10 VII, D: 3. —� to COSTA MESA-SANITARY DISTRICT Warrant Resolution No. CMSD 2011 -2 is L 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 $1,294,937.75 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 26th day of August 2010. ATTEST: Secretary President STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss COSTA MESA SANITARY DISTRICT ) I, JOAN REVAK, Clerk of the Costa Mesa Sanitary District, hereby certify that the foregoing Warrant Resolution No. CMSD 2011 -2 was duly adopted by the Costa Mesa Sanitary District at a regular meeting held on the 26th day of August 2010. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the Costa Mesa Sanitary District on this 26th day of August 2010. Clerk of the Costa Mesa Sanitary District Accounts Payable Checks for Approval User: tgonzalez Printed: 08/10/2010 - 4:00 PM Check Number Check Date Fund Name Account Name COSTS 5WE5A SjWI` A RTOISTRIff ... an Independent SpeciaC Oiswkt Vendor Name Amount 0 07/14/2010 Liquid Waste Fund Federal Withholding Taxes Internal Revenue Service 5,234.76 0 07/14/2010 Liquid Waste Fund FICA - Employee Internal Revenue Service 52.60 0 07/14/2010 Liquid Waste Fund FICA - Employee Internal Revenue Service 52.60 0 07/14/2010 Liquid Waste Fund Medicare - Employee Internal Revenue Service 631.40 0 07/14/2010 Liquid Waste Fund Medicare - Employee Internal Revenue Service 506.47 0 07/14/2010 Liquid Waste Fund Medicare - Employee Internal Revenue Service 124.93 Check Total: 6,602.76 0 07/14/2010 Liquid Waste Fund State Withholding Taxes State of Cal Emp Dev Dept 2,246.66 Check Total: 2,246.66 0 07/14/2010 Liquid Waste Fund PERS Retirement Cal Pers Employee Ret System 137.00 0 07/14/2010 Liquid Waste Fund PERS Retirement Cal Pers Employee Ret System 36.78 0 07/14/2010 Liquid Waste Fund PERS Retirement Cal Pers Employee Ret System 232.68 0 07/14/2010 Liquid Waste Fund PERS Retirement Cal Pers Employee Ret System 62.48 0 07/14/2010 Liquid Waste Fund PERS Retirement Cal Pers Employee Ret System 1,957.18 0 07/14/2010 Liquid Waste Fund PERS Retirement Cal Pers Employee Ret System 3,324.15 0 07/14/2010 Liquid Waste Fund PERS Survivor Benefit Cal Pers Employee Ret System 11.16 0 07/14/2010 Liquid Waste Fund PERS Retirement Cal Pers Employee Ret System 525.45 0 07/14/2010 Liquid Waste Fund PERS Retirement Cal Pers Employee Ret System 946.18 0 07/14/2010 Liquid Waste Fund Swr Maint - PERS ER Cal Pers Employee Ret System -53.76 Check Total: 7,179.30 0 07/07/2010 Liquid Waste Fund PERS Medical Cal PERS 5,817.17 0 07/07/2010 Solid Waste Fund Benefits Admin Costs Cal PERS 2.501 0 07/07/2010 Liquid Waste Fund Benefits Admin Costs Cal PERS 22.51 Check Total: 5,842.18 AP - Checks fowval ( 08/10/2010 - 4:00 PM ) pa* Check NumbOCheck Date Fund Name Account Name Vendor Name *Amount Check Total: 7,069.24 7527 07/02/2010 Solid Waste Fund Telephone AT &T 49.92 7527 07/02/2010 Liquid Waste Fund Telephone AT &T 449.31 Check Total: 499.231 7528 07/02/2010 i- 'Liquid Waste Fund Sewer Lateral Program #186 Barbara Roth 1,800.00 AP - Checks for Approval ( 08/10/2010 - 4:00 PM) Page 2 0 07/15/2010 Solid Waste Fund Investment Earnings Bank of America 472.51 Check Total: 472.51 0 07/23/2010 Solid Waste Fund Equipment Maintenance Automatic Data Processing, Inc 5.65 0 07/23/2010 Liquid Waste Fund Equipment Maintenance Automatic Data Processing, Inc 50.80 Check Total: 56.45 0 07/28/2010 Liquid Waste Fund Federal Withholding Taxes Internal Revenue Service 157.57 0 07/28/2010 Liquid Waste Fund FICA - Employee Internal Revenue Service 287.74 0 07/28/2010 Liquid Waste Fund FICA - Employee Internal Revenue Service 287.74 0 07/28/2010 Liquid Waste Fund Medicare - Employee Internal Revenue Service 67.30 0 07/28/2010 Liquid Waste Fund Medicare - Employee Internal Revenue Service 67.30 Check Total: 867.65 0 07/28/2010 Liquid Waste Fund Federal Withholding Taxes Internal Revenue Service 5,593.37 0 07/28/2010 Liquid Waste Fund FICA - Employee Internal Revenue Service 52.60 0 07/28/2010 Liquid Waste Fund FICA - Employee Internal Revenue Service 52.60 0 07/28/2010 Liquid Waste Fund Medicare - Employee Internal Revenue Service 595.83 0 07/28/2010 Liquid Waste Fund Medicare - Employee Internal Revenue Service 595.83 Check Total: 6,890.23 0 07/28/2010 Liquid Waste Fund State Withholding Taxes State of Cal Emp Dev Dept 2,025.18 Check Total: 2,025.18 0 07/2812010 Liquid Waste Fund PERS Retirement Cal Pers Employee Ret System 171.12 0 07/28/2010 Liquid Waste Fund PERS Retirement Cal Pers Employee Ret System 290.62 0 07/28/2010 Liquid Waste Fund . PERS Retirement Cal Pers Employee Ret System 2,444.51 0 07/28/2010 Liquid Waste Fund PERS Retirement Cal Pers Employee Ret System 4,151.83 0 07/28/2010 Liquid Waste Fund PERS Survivor Benefit Cal Pers Employee Ret System 1 11.16 Check Total: 7,069.24 7527 07/02/2010 Solid Waste Fund Telephone AT &T 49.92 7527 07/02/2010 Liquid Waste Fund Telephone AT &T 449.31 Check Total: 499.231 7528 07/02/2010 i- 'Liquid Waste Fund Sewer Lateral Program #186 Barbara Roth 1,800.00 AP - Checks for Approval ( 08/10/2010 - 4:00 PM) Page 2 Check Number Check Date Fund Name Account Name Vendor Name Amount Check Total: 7529 07/02/2010 7529 07/02/2010 Solid Waste Fund Liquid Waste Fund Building Maintenance Building Maintenance Bay Alarm Bay Alarm Check Total: 7530 07/02/2010 Liquid Waste Fund Sewer Maint- Water Pumps City of Newport Beach Check Total: 7531 07/02/2010 Solid Waste Fund Trash Hauler Costa Mesa Disposal Check Total: 7532 07/02/2010 Liquid Waste Fund Sewer Maint -Pump Stn Contract C &R Drains Inc. 7532 07/02/2010 Liquid Waste Fund Sewer Maint -Pump Sm Contract C &R Drains Inc. 7532 07/02/2010 Liquid Waste Fund Sewer Maint -Pump Sm Contract C &R Drains Inc. 7532 07/02/2010 Liquid Waste Fund Sewer Maint -Pump Sm Contract C &R Drains Inc. Check Total: 7533 07/02/2010 Solid Waste Fund Sharps Program Curbside, Inc. 7533 07/02/2010 Solid Waste Fund Household Hazardous Waste Curbside, Inc. 7533 07/02/2010 Solid Waste Fund Household Hazardous Waste Curbside, Inc. 7533 07/02/2010 Solid Waste Fund Household Hazardous Waste Curbside, Inc. 7533 07/02/2010 Solid Waste Fund Sharps Program Curbside, Inc. 7533 07/02/2010 Solid Waste Fund Household Hazardous Waste Curbside, Inc. 7533 07/02/2010 Solid Waste Fund Household Hazardous Waste Curbside, Inc. 7533 07/02/2010 Solid Waste Fund Household Hazardous Waste Curbside, Inc. 7533 07/02/2010 Solid Waste Fund Household Hazardous Waste Curbside, Inc. 7533 07/02/2010 Solid Waste Fund Sharps Program Curbside, Inc. 7533 07/02/2010 Solid Waste Fund Sharps Program Curbside, Inc. 7533 07/02/2010 Solid Waste Fund Household Hazardous Waste Curbside, Inc. 7533 07/02/2010 Solid Waste Fund Household Hazardous Waste Curbside, Inc. 7533 07/02/2010 Solid Waste Fund Household Hazardous Waste Curbside, Inc. Check Total: 7534 07/02/2010 Solid Waste Fund Building Maintenance F.M. Thomas Air Condittioning, 7534 07/02/2010 Liquid Waste Fund Building Maintenance F.M. Thomas Air Condittioning, 1,800.00 3.05 27.50 30.55 17.41 17.41 196,795.32 196,795.32 675.00 112.00 176.00 88.00 1,051.00 95.00 54.00 75.00 -25.00 100.00 103.50 100.00 -25.00 198.00 100.00 150.00 42.75 100.00 -25.00 1,043.25 9.00! 81.00 AP - Checks 109roval ( 08/10/2010 - 4:00 PM) Pao Check NumleCheckDate Fund Name Account Name Vendor Name *Amount Check Total: 90.00 7535 07/02/2010 Solid Waste Fund Gas - Building The Gas Company 2.28 7535 07/02/2010 Liquid Waste Fund Gas - Building The Gas Company 20.50 Check Total: 22.78 7536 07/02/2010 Liquid Waste Fund Systm Wide Swr Rcnstruct. #183 Geo -ETKA, Inc. 3,200.00 Check Total: 3,200.00 7537 07/02/2010 Liquid Waste Fund Sewer Maint - Material /Supplies Golden Bell Products, Inc. 1,555.13 Check Total: 1,555.13 7538 07/02/2010 Liquid Waste Fund Engineering/Architectual Sery Robin B. Hamers & Assoc., Inc. 1,400.00 7538 07/02/2010 Liquid Waste Fund Engineering/Architectual Sery Robin B. Hamers & Assoc., Inc. 8,202.50 7538 07/02/2010 Liquid Waste Fund Plan Ck/Inspection- Inside Robin B. Hamers & Assoc., Inc. 2,895.00 7538 07/02/2010 Liquid Waste Fund Plan Ck/Inspection- Inside Robin B. Hamers & Assoc., Inc. 15,931.50 7538 07/02/2010 Liquid Waste Fund Plan Ck/Inspection- Outside Robin B. Hamers & Assoc., Inc. 675.50 7538 07/02/2010 Liquid Waste Fund Plan Ck/Inspection- Outside Robin B. Hamers & Assoc., Inc. 258.00 7538 07/02/2010 Liquid Waste Fund Plan Ck/Inspection -Swr Lateral Robin B. Hamers & Assoc., Inc. 193.00 7538 07/02/2010 Liquid Waste Fund Plan Ck/Inspection -Swr Lateral Robin B. Hamers & Assoc., Inc. 806.25 7538 07/02/2010 Liquid Waste Fund Bristol St Pump - Contract Labor Robin B. Hamers & Assoc., Inc. 467.50 7538 07/02/2010 Liquid Waste Fund. Irvine PS Free Main #171 -Contr Robin B. Hamers & Assoc., Inc. 4,680.25 7538 07/02/2010 Facilities Revolving Fund District Yard Robin B. Hamers & Assoc., Inc. 637.50 7538 07/02/2010 Facilities Revolving Fund District Yard Robin B. Hamers & Assoc., Inc. 360.00 7538 07/02/2010 Facilities Revolving Fund District Yard Robin B. Hamers & Assoc., Inc. 460.00 7538 07/02/2010 Liquid Waste Fund Rehab of (6)Swrs Transfrd #189 Robin B. Hamers & Assoc., Inc. 5,934.75 7538 07/02/2010 Liquid Waste Fund Rehab of (6)Swrs Transfrd #189 Robin B. Hamers & Assoc., Inc. 806.25 Check Total: 43,708.00 7539 07/02/2010 Facilities Revolving Fund District Yard Howard S. Wright Constructors 268,871.52 Check Total: 268,871.52 7540 07/02/2010 Facilities Revolving Fund District Yard Kirby Restaurant 2,054.15 Check Total: 2,054.151, 7541 07/02/2010 Solid Waste Fund Equipment Maintenance Konica Minolta Bus Sol U.S.A., 40.45 AP - Checks for Approval ( 08/10/2010 - 4:00 PM) Page 4 Check Number Check Date Fund Name Account Name Vendor Name Amount 7541 07/02/2010 Liquid Waste Fund Equipment Maintenance Konica Minolta Bus Sol U.S.A., 364.03 7541 07/02/2010 Solid Waste Fund Equipment Maintenance Konica Minolta Bus Sol U.S.A., 13.20 7541 07/02/2010 Liquid Waste Fund Equipment Maintenance Konica Minolta Bus Sol U.S.A., 118.75 Check Total: 536.43 7542 07/02/2010 Liquid Waste Fund Sewer Lateral Program #186 Marilyn Grant 310.25 Check Total: 310.25 7543 07/02/2010 Liquid Waste Fund Sewer Maint- Water Pumps Mesa Consolidated Water Dist 16.00 7543 07/02/2010 Liquid Waste Fund Sewer Maint- Water Pumps Mesa Consolidated Water Dist 18.60 7543 07/02/2010 Solid Waste Fund Water - Building Mesa Consolidated Water Dist 20.60 7543 07/02/2010 Liquid Waste Fund Water - Building Mesa Consolidated Water Dist 185.40 Check Total: 240.60 7544 07/02/2010 Solid.Waste Fund Educational Tours Newport-Mesa Unified School Di 160.03 Check Total: 160.03 7545 07/02/2010 Liquid Waste Fund Sewer Maint- Equipment Maint NEXTRUK, INC. 1,438.94 7545 07/02/2010 Liquid Waste Fund Sewer Maint - Equipment Maint NEXTRUK, INC. 65.82 7545 07/02/2010 Liquid Waste Fund Sewer Maint- Equipment Maint NEXTRUK, INC. 58.49 Check Total: 1,563.25 7546 07/02/2010 Solid Waste Fund Office Supplies Office Depot 16.16 7546 07/02/2010 Liquid Waste Fund Office Supplies Office Depot 145.48 Check Total: 161.64 7547 07/02/2010 Liquid Waste Fund Sewer Lateral Program #186 Richard Jensen 1,800.00 Check Total: 1,800.00 7549 07/02/2010 Solid Waste Fund Electric - Building Southern California Edison 101.10 7549 07/02/2010 Liquid Waste Fund Electric - Building Southern California Edison 909.91 7549 07/02/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 296.68 7549 07/02/2010 Liquid Waste Fund Sewer Maint- Electric Pumps Southern California Edison 222.77' 7549 07/02/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 334.21! 7549 07/02/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 76.05 7549 07/02/2010 Liquid Waste Fund Sewer Maint- Electric Pumps Southern California Edison 36.77 AP - Checks foof oval ( 08/10/2010 - 4:00 PM) Pafe AP - Checks for Approval ( 08/10/2010 - 4:00 PM ) Page 6 Vendor *Amount Check NumaCheck Date. Fund Name Account Name Name 7549 07/02/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 69.43 7549 07/02/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 327.14 7549 07/02/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 380.09 7549 07/02/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 743.02 7549 07/02/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 66.31 7549 07/02/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 87.15 7549 07/02/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 137.37 7549 07/02/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 56.17 7549 07/02/2010 Liquid Waste Fund Sewer Maint- Electric Pumps Southern California Edison 374.83 7549 07/02/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 333.34 7549 07/02/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 73.91 7549 07/02/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 394.98 7549 07/02/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 1,032.96 Check Total: 6,054.19 7550 07/02/2010 Facilities Revolving Fund District Yard Walters Wholesale Electric Co. 134.43 7550 07/02/2010 Liquid Waste Fund Misc Swr Wk#164 -Copt Svc Walters Wholesale Electric Co. 31249.64 Check Total: 3,384.07 7551 07/02/2010 Solid Waste Fund Building Maintenance 949 Storage 11.00 7551 07/02/2010 Liquid Waste Fund Building Maintenance 949 Storage 99.00 7551 07/02/2010 Solid Waste Fund Building Maintenance 949 Storage 16.00 7551 07/02/2010 Liquid Waste Fund Building Maintenance 949 Storage 144.00 Check Total: 270.00 7552 07/02/2010 Solid Waste Fund Public Info/Ed/Community Promo Costa Mesa Chamber of Commerce 27.50 7552 07/02/2010 Liquid Waste Fund Public Info/Ed/Community Promo Costa Mesa Chamber of Commerce 247.50 Check Total: 275.00 7553 07/02/2010 Liquid Waste Fund Prof Membership /Dues CWEA -TCP 132.00 Check Total: 132.00 7554 07/02/2010 Solid Waste Fund Prof Membership/Dues Government Finance Officers Association 15.00: 7554 07/02/2010 Liquid Waste Fund Prof Membership/Dues Government Finance Officers Association 135.001 Check Total: 150.001 7555 07/02/2010 Solid Waste. Fund Building Maintenance Pacific Building Care, Inc. 45.38 AP - Checks for Approval ( 08/10/2010 - 4:00 PM ) Page 6 Check Number Check Date Fund Name Account Name Vendor Name Amount 7555 07/02/2010 Liquid Waste Fund Building Maintenance Pacific Building Care, Inc. 408.37 Check Total: 453.75 7556 07/02/2010 Liquid Waste Fund Life /AD &D Insurance Spec Dist Risk Mgt Authority 165.22 7556 07/02/2010 Liquid Waste Fund Dental Insurance Spec Dist Risk Mgt Authority 672.72 7556 07/02/2010 Liquid Waste Fund Long -Term Disability Spec Dist Risk Mgt Authority 295.65 7556 07/02/2010 Solid Waste Fund Benefits Admin Costs Spec Dist Risk Mgt Authority 3.28 7556 07/02/2010 Liquid Waste Fund Benefits Admin Costs Spec Dist Risk Mgt Authority 29.50 7556 07/02/2010 Liquid Waste Fund Vision Insurance Spec Dist Risk Mgt Authority 29.36 7556 07/02/2010 Solid Waste Fund Workers' Compensation Spec Dist Risk Mgt Authority 328.16 7556 07/02/2010 Liquid Waste Fund Workers' Compensation Spec Dist Risk Mgt Authority 574.29 7556 07/02/2010 Liquid Waste Fund Workers' Compensation Spec Dist Risk Mgt Authority 2,664.55 7556 07/02/2010 Liquid Waste Fund Swr Liability Insurance Spec Dist Risk Mgt Authority 10,183.89 7556 07/02/2010 Solid Waste Fund Liability Insurance Spec Dist Risk Mgt Authority 5,553.10 7556 07/02/2010 Liquid Waste Fund Liability insurance Spec Dist Risk Mgt Authority 49,977.88 Check Total: 70,477.60 7557 07/02/2010 Solid Waste Fund Equipment Maintenance Springbrook Software 1,353.43 7557 07/02/2010 Liquid Waste Fund Equipment Maintenance Springbrook Software 12,180.91 Check Total: 13,534.34 7558 07/02/2010 Liquid Waste Fund Deferred Compensation - 457 VantagePoint Transfer Agents 1,030.00 Check Total: 1,030.00 7559 07/02/2010 Liquid Waste Fund Deferred Medical -RHS- Employee VantagePoint Transfer Agents 339.01 7559 07/02/2010 Liquid Waste Fund Deferred Medical -RHS- Employee VantagePoint Transfer Agents 265.01 7559 07/02/2010 Liquid Waste Fund Deferred Medical- RHS - Employee VantagePoint Transfer Agents 74.00 Check Total: 678.02 7560 07/16/2010 Solid Waste Fund Building Maintenance Bay Alarm 32.62 7560 07/16/2010 Liquid Waste Fund Building Maintenance Bay Alarm 293.63 Check Total: 326.25 7561 07/16/2010 Solid Waste Fund Investment Earnings Bank of America 15.00, 7561 07/16/2010 Solid Waste Fund Travel /Meals/Lodging Bank of America 1.551 7561 07/16/2010 Liquid Waste Fund Travel/Meals /Lodging Bank of America 13.92 7561 07/16/2010 Solid Waste Fund Travel/Meals/Lodging Bank of America 12.00 AP - Checks foOroval ( 08/10/2010 - 4:00 PM) Pa Check NumbtCheck Date Fund Name Account Name Vendor Name *Amount 7561 07/16/2010 Liquid Waste Fund Travel/Meals/Lodging Bank of America 107.98 7561 07/16/2010 Solid Waste Fund Building Maintenance Bank of America 11.11 7561 07/16/2010 Liquid Waste Fund Building Maintenance Bank of America 99.96 7561 07/16/2010 Solid Waste Fund Postage Bank of America 4.95 7561 07/16/2010 Liquid Waste Fund Postage Bank of America 44.50 7561 07/16/2010 Solid Waste Fund Travel/Meals/Lodging Bank of America 25.34 7561 07/16/2010 Liquid Waste Fund Travel/Meals/Lodging Bank of America 228.06 7561 07/16/2010 Liquid Waste Fund Travel/Meals/Lodging Bank of America 161.46 7561 07/16/2010 Solid Waste Fund Travel/Meals/Lodging Bank of America 17.94 7561 07/16/2010 Solid Waste Fund Travel/Meals/Lodging Bank of America 18.74 7561 07/16/2010 Liquid Waste Fund Travel/Meals/Lodging Bank of America 168.66 7561 07/16/2010 Liquid Waste Fund Travel/Meals/Lodging Bank of America 164.24 7561 07/16/2010 Solid Waste Fund . Travel/Meals/Lodging Bank of America 18.25 7561 07/16/2010 Solid Waste Fund Travel/Meals/Lodging Bank of America 1.50 7561 07/16/2010 Liquid Waste Fund Travel/Meals/Lodging Bank of America 13.50 7561 07/16/2010 Liquid Waste Fund Travel/Meals/Lodging Bank of America 13.50 7561 07/16/2010 Solid Waste Fund Travel/Meals /Lodging Bank of America 1.50 7561 07/16/2010 Liquid Waste Fund Travel/Meals /Lodging Bank of America 13.50 7561 07/16/2010 Solid Waste Fund Travel/Meals/Lodging Bank of America 1.50 7561 07/16/2010 Solid Waste Fund Staff Development Bank of America 1.50 7561 07/16/2010 Liquid Waste Fund Staff Development Bank of America 13.50 7561 07/16/2010 Liquid Waste Fund Sewer Maint- Material/Supplies Bank of America 123.20 7561 07/16/2010 Liquid Waste Fund Sewer Maint- Material /Supplies Bank of America 77.97 7561 07/16/2010 Facilities Revolving Fund District Yard Bank of America 468.83 . 7561 07/16/2010 Facilities Revolving Fund District Yard Bank of America 589.57 7561 07/16/2010 Liquid Waste Fund Sewer Maint -Small Tools/Eq Bank of America 706.55 7561 07/16/2010 Liquid Waste Fund Sewer Maint - Equipment Maint Bank of America. 77.85 7561 07/16/2010 Liquid Waste Fund Sewer Maint - Equipment Maint Bank of America 86.94 7561 07/16/2010 Liquid Waste Fund Sewer Maint - Equipment Maint Bank of America 169.07 7561 07/16/2010 Liquid Waste Fund Sewer Maint - Equipment Maint Bank of America 71.69 7561 07/16/2010 Liquid Waste Fund Sewer Maint - Material /Supplies Bank of America 30.40 7561 07/16/2010 Liquid Waste Fund Sewer Maint- Equipment Maint Bank of America 50.53 7561 07/16/2010 Liquid Waste Fund Sewer Maint - Equipment Maint Bank of America 83.99 7561 07/16/2010 Solid Waste Fund Public Info/Ed/Community Promo . Bank of America 7.45 7561 07/16/2010 Liquid Waste Fund Public Info/Ed/Community Promo Bank of America 67.04 7561 07/16/2010 Liquid Waste Fund Public Info /Ed/Community Promo Bank of America 35.80 7561 07/16/2010 Solid Waste Fund Public Info/Ed/Community Promo Bank of America 25.00 7561 07/16/2010 Liquid Waste Fund Public Info/Ed/Community Promo Bank of America 225.00 7561 07/16/2010 Solid Waste Fund Office Supplies Bank of America 8.70, 7561 Q7/16/2010 Liquid Waste Fund Office Supplies Bank of America 78.27 7561 07/16/2010 Solid Waste Fund Staff Development Bank of America 1.501 7561 07/16/2010 Liquid Waste Fund Staff Development Bank of America 13.50' 7561 07/16/2010 Liquid Waste Fund Sewer Maint -Staff Development Bank of America 179.00! AP - Checks for Approval (000/2010 - 4:00 PM) Page 8 Check Number Check Date Fund Name Account Name Vendor Name Amount Check Total: 4,351.51 7562 07/16/2010 Solid Waste Fund Legal Services Alan R. Burns 1,216.32 7562 07/16/2010 Liquid Waste Fund Legal Services Alan R. Bums 2,258.88 7562 07/16/2010 Liquid Waste Fund Legal Services Alan R. Bums 1,900.50 7562 07/16/2010 Solid Waste Fund Legal Services Alan R. Burns 126.70 7562 07/16/2010 Solid Waste Fund Legal Services Alan R. Burns 234.40 7562 07/16/2010 Liquid Waste Fund Legal Services Alan R. Burns 435.30 7562 07/16/2010 Liquid Waste Fund Legal Services Alan R. Burns 380.10 Check Total: 6,552.20 7563 07/16/2010 Solid Waste Fund Fiscal Services CBIZ ATA Orange County LLC 2,648.80 7563 07/16/2010 Liquid Waste Fund Fiscal Services CBIZ ATA Orange County LLC 4,919.20 Check Total: 7,568.00 7564 07/16/2010 Solid Waste Fund Public Info/Ed/Community Promo CR &R Incorporated 388.64 Check Total: 388.64 7565 07/16/2010 Solid Waste Fund Recycling/Disposal CR Transfer, Inc. 185,215.95 7565 07/16/2010 Solid Waste Fund Recycling/Disposal CR Transfer, Inc. 12,135.93 Check Total: 197,351.88 7566 07/16/2010 Solid Waste Fund Sharps Program Curbside, Inc. 95.00 7566 07/16/2010 Solid Waste Fund Household Hazardous Waste Curbside, Inc. 90.00 7566 07/16/2010 Solid Waste Fund Household Hazardous Waste Curbside, Inc. 75.00 7566 07/16/2010 Solid Waste Fund Household Hazardous Waste Curbside, Inc. -25.00 7566 07/16/2010 Solid Waste Fund Sharps Program Curbside, Inc. 100.00 7566 07/16/2010 Solid Waste Fund Household Hazardous Waste Curbside, Inc. 54.00 7566 07/16/2010 Solid Waste Fund Household Hazardous Waste Curbside, Inc. 100.00 7566 07/16/2010 Solid Waste Fund Household Hazardous Waste Curbside, Inc. -25.00 Check Total: 464.00 7567 07/16/2010 Liquid Waste Fund Sewer Maint -FOG Prog Contract Environmental Engr & Cont, Inc 7,922.50 Check Total: 7,922.501, 7568 07/16/2010 Facilities Revolving Fund District Yard Ferguson Enterprises, Inc #603 329.77 AP - Checks fo1roval ( 08/10/2010 - 4:00 PM) Palf Check Num *Check Date Fund Name Account Name ! Vendor Name `Amount 7568 07/16/2010 Facilities Revolving Fund District Yard Ferguson Enterprises, Inc #603 67.57 7568 07/16/2010 _ Facilities Revolving Fund District Yard Ferguson Enterprises, Inc #603 17.05 7568 07/16/2010 Facilities Revolving Fund District Yard Ferguson Enterprises, Inc #603 144.01 7568 07/16/2010 Facilities Revolving Fund District Yard Ferguson Enterprises, Inc #603 852.14 7568 07/16/2010 Facilities Revolving Fund District Yard Ferguson Enterprises, Inc #603 138.92 7568 07/16/2010 Facilities Revolving Fund District Yard Ferguson Enterprises, Inc #603 49.72 7568 07/16/2010 Facilities Revolving Fund District Yard Ferguson Enterprises, Inc #603 241.27 7568 07/16/2010 Facilities Revolving Fund District Yard Ferguson Enterprises, Inc #603 457.66 7568 07/16/2010 Facilities Revolving Fund District Yard Ferguson Enterprises, Inc #603 109.16 7568 07/16/2010 Facilities Revolving Fund District Yard Ferguson Enterprises, Inc #603 142.53 7568 07/16/2010 Facilities Revolving Fund District Yard Ferguson Enterprises, Inc #603 74.77 7568 07/16/2010 Facilities Revolving Fund District Yard Ferguson Enterprises, Inc #603 70.83 7568 07/16/2010 Facilities Revolving Fund District Yard Ferguson Enterprises, Inc #603 235.93 7568 07/16/2010 Facilities Revolving Fund District Yard Ferguson Enterprises, Inc #603 447.28 7568 07/16/2010 Facilities Revolving Fund District Yard Ferguson Enterprises, Inc #603 103.55 7568 07/16/2010 Facilities Revolving Fund District Yard Ferguson Enterprises, Inc #603 128.37 7568 07/16/2010 Facilities Revolving Fund District Yard Ferguson Enterprises, Inc #603 148.00 7568 07/16/2010 Facilities Revolving Fund District Yard Ferguson Enterprises, Inc #603 37.29 7568 07/16/2010 Facilities Revolving Fund District Yard Ferguson Enterprises, Inc #603 21.54 7568 07/16/2010 Facilities Revolving Fund District Yard Ferguson Enterprises, Inc #603 -50.00 7568 07/16/2010 Facilities Revolving Fund District Yard Ferguson Enterprises, Inc #603 212.36 7568 07/16/2010 Facilities Revolving Fund District Yard Ferguson Enterprises, Inc #603 651.73 7568 07/16/2010 Facilities Revolving Fund District Yard Ferguson Enterprises, Inc #603 38.98 7568 07/16/2010 Facilities Revolving Fund District Yard Ferguson Enterprises, Inc #603 228.83 7568 07/16/2010 Facilities Revolving Fund District Yard Ferguson Enterprises, Inc #603 - 321.09 Check Total: 4,578.17 7569 07/16/2010 Solid Waste Fund Travel/Meals/Lodging Jim Ferryman 0.45 7569 07/16/2010 Liquid Waste Fund Travel/Meals /Lodging Jim Ferryman 4.05 Check Total: 4.50 7570 07/16/2010 Solid Waste Fund Mileage Reimbursement Isidro Gallardo 616.50 7570 07/16/2010 Liquid Waste Fund Mileage Reimbursement Isidro Gallardo 68.50 Check Total: 685.00 7571 07/16/2010 Liquid Waste Fund Sewer Maint- Water Pumps Irvine Ranch Water District 8.06. 7571 07/16/2010 Liquid Waste Fund Sewer Maint- Water Pumps Irvine Ranch Water District 8.001 Check Total: 16.00, 7572 07/16/2010 Liquid Waste Fund Systm Wide Swr Rcnstruct. #183 ITT Water & Wastewater U.S.A. 29,447.06 AP - Checks for Approval ( 08/10/2010 - 4:00 PM) Page 10 Check Number Check Date Fund Name 7572 07/16/2010 Liquid Waste Fund 7572 07/16/2010 Liquid Waste Fund 7572 07/16/2010 Liquid Waste Fund 7572 07/16/2010 Liquid Waste Fund 7573 07/16/2010 Liquid Waste Fund 7574 07/16/2010 Liquid Waste Fund 7575 07/16/2010 Liquid Waste Fund 7575 07/16/2010 Liquid Waste Fund 7575 07/16/2010 Liquid Waste Fund 7575 07/16/2010 Liquid Waste Fund 7575 07/16/2010 Liquid Waste Fund 7576 07/16/2010 Solid Waste Fund 7577 07/16/2010 Liquid Waste Fund Account Name Vendor Name Amount Systm Wide Swr Renstruct. #183 ITT Water & Wastewater U.S.A. 2,352.13 Systm Wide Swr Rcnstruct. #183 ITT Water & Wastewater U.S.A. 774.65 Systm Wide Swr Rcnstruct. #183 ITT Water & Wastewater U.S.A. 73.08 Systm Wide Swr Rcnstruct. #183 ITT Water & Wastewater U.S.A. 469.00 Check Total: 33,1 15.92 Misc Swr Wk #164 -Cont Svc Mike Kilbride, LTD 800.00 Check Total: Sewer Maint -Sewer Line Maint Manhole Adjusting Inc. Check Total: Sewer Maint- Water Pumps Mesa Consolidated Water Dist Sewer Maint- Water Pumps Mesa Consolidated Water Dist Sewer Maint- Water Pumps Mesa Consolidated Water Dist Sewer Maint- Water Pumps Mesa Consolidated Water Dist Sewer Maint- Water Pumps Mesa Consolidated Water Dist Equipment Maintenance Randy Buchan J. Sewer Maint- Equipment Maint NEXTRUK, INC. Check Total: 800.00 9,030.00 9,030.00 16.00 16.11 45.05 66.05 71.28 214.49 210.00 Check Total: 210.00 165.00 Check Total: 165.00 7578 07/16/2010 Facilities Revolving Fund District Yard Nikki Flags 5,250.00 Check Total: 5,250.00 7579 07/16/2010 Liquid Waste Fund Professional Services Norman A. Traub 2,192.75 Check Total: 2,192.75 I 7580 07/16/2010 Solid Waste Fund Travel/Meals/Lodging Bob Ooten 2.00 7580 07/16/2010 Liquid Waste Fund Travel/Meals/Lodging Bob Ooten 18.00 Palo AP - Checks f018 roval ( 08/10/2010 - 4:00 PM) • &heck Vendor Name `Amount Check Num Date Fund Name Account Name Check Total: 20.00 7581 07/16/2010 Liquid Waste Fund Misc Swr Wk#164 -Cont Svc Santa Ana Blue Print 22.66 Check Total: 22.66 7582 07/16/2010 Solid Waste Fund Travel/Meals/Lodging Arlene Schafer 1.00 7582 07/16/2010 Liquid Waste Fund Travel/Meals/Lodging Arlene Schafer 9.00 Check Total: 10.00 7583 07/16/2010 Liquid Waste Fund Public Info /Ed/Community Promo Times Community News 243.75 7583 07/16/2010 Liquid Waste Fund Public Info/Ed/Community Promo Times Community News 262.50 Check Total: 506.25 7584 07/16/2010 Solid Waste Fund Building Maintenance Trimco Landscape 22.90 7584 07/16/2010 Liquid Waste Fund Building Maintenance Trimco Landscape 206.10 Check Total: 229.00 7585 07/16/2010 Liquid Waste Fund Contract Services Underground Service Alert/SC 94.00 Check Total: 94.00 7586 07/16/2010 Liquid Waste Fund Employee Insurance AFLAC 706.78 Check Total: 706.78 7587' 07/16/2010 Solid Waste Fund Public Info/Ed/Community Promo California Special Dist Assoc 25.00 7587 07/16/2010 Liquid Waste Fund Public Info /Ed/Community Promo California Special Dist Assoc 225.00 Check Total: 250.00 7588 07/16/2010 Solid Waste Fund Household Hazardous Waste Curbside, Inc. 2,828.21 7588 07/16/2010 Solid Waste Fund Sharps Program Curbside, Inc. 100.00 Check Total: 2,928.21 7589 07/16/2010 Facilities Revolving Fund District Yard Eaton Compressor and Fabricate 2,117.90 AP -Checks for Approval ( 08/10/2010 - 4:00 PM) Page 12 Check Number Check Date Fund Name Account Name Vendor Name Amount Check Total: 2,117.90 7590 07/16/2010 Solid Waste Fund Public Info /Ed/Community Promo E.H.S. Football Boosters 15.00 7590 07/16/2010 Liquid Waste Fund Public Info /Ed/Community Promo E.H.S. Football Boosters 135.00 Check Total: 150.00 7591 07/16/2010 Liquid Waste Fund Sewer Maint - Material /Supplies Golden Bell Products, Inc. 652.50 Check Total: 652.50 7592 07/16/2010 Liquid Waste Fund Sewer Lateral Program #186 Jamshid Ehtesham 882.50 Check Total: 882.50 7593 07/16/2010 Liquid Waste Fund Sewer Maint -Pump Stn Contract Jimni Systems, Inc 1,440.00 Check Total: 1,440.00 7594 07/16/2010 Liquid Waste Fund Sewer Lateral Program #186 Kelly Manning 1,800.00 Check Total: 1,800.00 7595 07/16/2010 Liquid Waste Fund Sewer Maint- Equipment Maint NEXTRUK, INC. 836.60 Check Total: 836.60 7596 07/16/2010 Solid Waste Fund Postage United States Postmaster 4,000.00 Check Total: 4,000.00 7597 07/16/2010 Solid Waste Fund Sharps Program Stericycle 267.64 Check Total: 267.64 7598 07/16/2010 Liquid Waste Fund Deferred Compensation - 457 VantagePoint Transfer Agents 1,030.00 Check Total: 1,030.00' i 7599 07/16/2010 Liquid Waste Fund Deferred Medical -RHS- Employee VantagePoint Transfer Agents 345.95 7599 07/16/2010 Liquid Waste Fund Deferred Medical - RHS - Employee VantagePoint Transfer Agents 270.89 AP - Checks fo *oval ( 08/10/2010 - 4:00 PM) Pa 0 OAmount Check Numb9lCheck Date Fund Name Account Name Vendor Name 7599 07/16/2010 Liquid Waste Fund Deferred Medical -RHS- Employee VantagePoint Transfer Agents 75.06 Check Total: 691.90 7600 07/16/2010 Liquid Waste Fund Sewer Lateral Program #186 Walter Burgess 1,800.00 Check Total: 1,800.00 7606 07/30/2010 Solid Waste Fund Investment Earnings Bank of New York 1,500.00 ' Check Total: 1,500.00 7607 07/30/2010 Solid Waste Fund Travel/Meals /Lodging California Special Dist Assoc 6.42 7607 07/30/2010 Liquid Waste Fund Travel/Meals /Lodging California Special Dist Assoc 57.74 Check Total: 64.16 7608 07/30/2010 Solid Waste Fund Household Hazardous Waste Curbside, Inc. 566.00 Check Total: 566.00 7609 07/30/2010 Facilities Revolving Fund District Yard Enovity, Inc. 2,615.00 Check Total: 2,615.00 7610 07/30/2010 Facilities Revolving Fund District Yard Geo -ETKA, Inc. 3,994.00 Check Total: 3,994.00 7611 07/30/2010 Solid Waste Fund Equipment Maintenance Konica Minolta Bus Sol U.S.A., 31.45. 7611 07/30/2010 Liquid Waste Fund Equipment Maintenance Konica Minolta Bus Sol U.S.A., 283.08 7611 07/30/2010 Solid Waste Fund Equipment Maintenance Konica Minolta Bus Sol U.S.A., 2.72 7611 07/30/2010 Liquid Waste Fund Equipment Maintenance Konica Minolta Bus Sol U.S.A., 24.48 Check Total: 341.73 7612 07/30/2010 Solid Waste Fund Legal Services Liebert Cassidy Whitmore 112.201. 7612 07/30/2010 Liquid Waste Fund Legal Services Liebert Cassidy Whitmore 1,009.80 Check Total: 1,122.00 i 7613 07/30/2010 Liquid Waste Fund Sewer Maint- Water Pumps Mesa Consolidated Water Dist 16.22 AP - Checks for Approval ( 08/10/2010 - 4:00 PM) Page 14 Check Number Check Date Fund Name Account Name Vendor Name Amount Check Total: 7,929.12 7619 07/30/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison Check Total: 16.22 7614 07/30/2010 Liquid Waste Fund Misc Swr Wk#164 -Cont Svc National Plant Services, Inc. 7619 980.00 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 309.43 7619 Check Total: 980.00 7615 07/30/2010 Liquid Waste Fund Sewer Maint- Equipment Maint NEXTRUK, INC. Liquid Waste Fund 576.74 Southern California Edison 41.84 7619 07/30/2010 Liquid Waste Fund Check Total: 576.74 7616 07/30/2010 Liquid Waste Fund Sewer Maint -Pump Stn Contract Pacific Terrace HOA Southern California Edison 150.00 7616 07/30/2010 Liquid Waste Fund Sewer Maint -Pump Stn Contract Pacific Terrace HOA 447.26 965.00 07/30/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 713.57 Check Total: 1,115.00 7617 07/30/2010 Solid Waste Fund Mileage Reimbursement CMSD Petty Cash 07/30/2010 1.34 7617 07/30/2010 Liquid Waste Fund Mileage Reimbursement CMSD Petty Cash Liquid Waste Fund 12.01 7617 07/30/2010 Liquid Waste Fund Sewer Maint - Equipment Maint CMSD Petty Cash 97.88 Check Total: 111.23 7618 07/30/2010 Facilities Revolving Fund District Yard Robert Thorton Architects, Inc 1,312.50 7618 07/30/2010 Facilities Revolving Fund District Yard Robert Thorton Architects, Inc 2,220.00 7618 07/30/2010 Facilities Revolving Fund District Yard Robert Thorton Architects, Inc 3,750.00 7618 07/30/2010 Facilities Revolving Fund District Yard Robert Thorton Architects, Inc 88.55 7618 07/30/2010 Facilities Revolving Fund District Yard Robert Thorton Architects, Inc 500.00 7618 07/30/2010 Facilities Revolving Fund District Yard Robert Thorton Architects, Inc 58.07 Check Total: 7,929.12 7619 07/30/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 361.02 7619 07/30/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 203.63 7619 07/30/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 309.43 7619 07/30/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 101.67 7619 07/30/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 41.84 7619 07/30/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 77.01 7619 07/30/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 495..18 7619 07/30/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 447.26 7619 07/30/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 713.57 7619 07/30/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 105.381 7619 07/30/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 88.33 7619 07/30/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 138.28 AP - Checks foWoval ( 08/10/2010 - 4:00 PM) • Pa Check Numlekheck Date Fund Name Account Name Vendor Name OAmount 7619 07/30/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 54.75 7619 07/30/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 408.03 7619 07/30/2010 Liquid Waste Fund Sewer Maint- Electric Pumps Southern California Edison 347.81 7619 07/30/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 93.14 7619 07/30/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 169.28 7619 07/30/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 1,457.86 7619 07/30/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 773.51 Check Total: 6,386.98 7620 07/30/2010 Liquid Waste Fund Professional Services Technology Resource Cntr, Inc. 815.62 7620 _ 07/30/2010 Solid Waste Fund Professional Services Technology Resource Cntr, Inc. 90.63 7620 07/30/2010 Solid Waste Fund Professional Services Technology Resource Cntr, Inc. 90.63 7620 07/30/2010 Liquid Waste Fund Professional Services Technology Resource Cntr, Inc. 815.62 Check Total: 1,812.50 7621 07/30/2010 Solid Waste Fund Building Maintenance 949 Storage 11.00 7621 07/30/2010 Liquid Waste Fund Building Maintenance 949 Storage 99.00 7621 07/30/2010 Liquid Waste Fund Building Maintenance 949 Storage 144.00 7621 07/30/2010 Solid Waste Fund Building Maintenance 949 Storage 16.00 Check Total: 270.00 7622 07/30/2010 Solid Waste Fund Telephone AT &T 51.42 7622 07/30/2010 Solid Waste Fund Telephone AT &T 462.83 Check Total: 514.25 7623 07/30/2010 Liquid Waste Fund Travel/Meals/Lodging California Assoc of Sanitation Agencies 1,700.00 7623 07/30/2010 Liquid Waste Fund Staff Development . California Assoc of Sanitation Agencies 425.00 Check Total: 2,125.00 7624 07/30/2010 Solid Waste Fund Trash Hauler Costa Mesa Disposal 196,850.25 Check Total: 196,850.25 7625 07/30/2010 Solid Waste Fund Travel/Meals/Lodging California Special Dist Assoc 202.501 7625 07/30/2010 Liquid Waste Fund Travel/Meals /Lodging California Special Dist Assoc 1,822.50 , 7625 07/30/2010 Liquid Waste Fund Staff Development California Special Dist Assoc 2,002.50 i 7625 07/30/2010 Solid Waste Fund Staff Development California Special Dist Assoc 222.50 AP - Checks for Approval ( 08/10/2010 - 4:00 PM) Page 16 Check Number Check Date Fund Name Account Name Vendor Name Amount 7626 07/30/2010 Solid Waste Fund 7626 07/30/2010 Solid Waste Fund 7626 07/30/2010 Solid Waste Fund 7626 07/30/2010 Solid Waste Fund 7627 07/30/2010 Liquid Waste Fund 7628 07/30/2010 Liquid Waste Fund 7629 07/30/2010 Solid Waste Fund 7629 07/30/2010 Liquid Waste Fund 7630 07/30/2010 Liquid Waste Fund 7631 07/30/2010 Liquid Waste Fund 7631 07/30/2010 Liquid Waste Fund 7631 07/30/2010 Liquid Waste Fund 7631 07/30/2010 Liquid Waste Fund 7631 07/30/2010 Liquid Waste Fund 7631 07/30/2010 Liquid Waste Fund 7631 07/30/2010 Liquid Waste Fund 7631 07/30/2010 Liquid Waste Fund 7631 07/30/2010 Liquid Waste Fund 7631 07/30/2010 Liquid Waste Fund 7631 07/30/2010 Liquid Waste Fund 7631 07/30/2010 Liquid Waste Fund 7632 07/30/2010 Liquid Waste Fund Engineering/Architectual Sery Robin B. Hamers & Assoc., Inc. Engineering/Architectual Sery Robin B. Hamers & Assoc., Inc. Plan Ck/Inspecti on -Inside Robin B. Hamers & Assoc., Inc. Plan Ck/Inspection- Inside Robin B. Hamers & Assoc., Inc. Plan Ck/Inspection- Outside Robin B. Hamers & Assoc., Inc. Plan Ck/Inspection- Outside Robin B. Hamers & Assoc., Inc. Plan Ck/Inspection -Swr Lateral Robin B. Hamers & Assoc., Inc. Plan Ck/Inspection -Swr Lateral Robin B. Hamers & Assoc., Inc. Irvine PS Free Main #171 -Contr Robin B. Hamers & Assoc., Inc. Systm Wide Swr Rcnstruct. #183 Robin B. Hamers & Assoc., Inc. Rehab of (6)Swrs Transfrd #189 Robin B. Hamers & Assoc., Inc. Rehab of (6)Swrs Transfrd #189 Robin B. Hamers & Assoc., Inc. Postage MailFinance Inc. Check Total: Check Total: 2,900.00 1,400.00 4,776.75 3,715.25 12,996.75 48.25 290.25 193.00 677.25 1 ,109.75 1,190.00 3,522.25 354.75 30,274.25 1, 69.49 AP - Checks for* oval( 08/10/2010 - 4:00 PM) � Palo Check Total: 4,250.00 Sharps Program Curbside, Inc. 95.00 Sharps Program Curbside, Inc. 100.00 Pharmaceutical Program Curbside, Inc. 63.00 Pharmaceutical Program Curbside, Inc. 75.00 Check Total: 333.00 Sewer Lateral Program #186 Douglas Pearce 731.32 Check Total: 731.32 Sewer Lateral Program #186 Gary Lee 1,800.00 Check Total: 1,800.00 Gas - Building The Gas Company 2.00 Gas - Building The Gas Company 17.97 Check Total: 19.97 Rehab of (6)Swrs Transfrd #189 Geo -ETKA, Inc. 2,900.00 Engineering/Architectual Sery Robin B. Hamers & Assoc., Inc. Engineering/Architectual Sery Robin B. Hamers & Assoc., Inc. Plan Ck/Inspecti on -Inside Robin B. Hamers & Assoc., Inc. Plan Ck/Inspection- Inside Robin B. Hamers & Assoc., Inc. Plan Ck/Inspection- Outside Robin B. Hamers & Assoc., Inc. Plan Ck/Inspection- Outside Robin B. Hamers & Assoc., Inc. Plan Ck/Inspection -Swr Lateral Robin B. Hamers & Assoc., Inc. Plan Ck/Inspection -Swr Lateral Robin B. Hamers & Assoc., Inc. Irvine PS Free Main #171 -Contr Robin B. Hamers & Assoc., Inc. Systm Wide Swr Rcnstruct. #183 Robin B. Hamers & Assoc., Inc. Rehab of (6)Swrs Transfrd #189 Robin B. Hamers & Assoc., Inc. Rehab of (6)Swrs Transfrd #189 Robin B. Hamers & Assoc., Inc. Postage MailFinance Inc. Check Total: Check Total: 2,900.00 1,400.00 4,776.75 3,715.25 12,996.75 48.25 290.25 193.00 677.25 1 ,109.75 1,190.00 3,522.25 354.75 30,274.25 1, 69.49 AP - Checks for* oval( 08/10/2010 - 4:00 PM) � Palo Check Numl0Check Date Fund Name Account Name Vendor Name *Amount 7632 07/30/2010 Solid Waste Fund Postage MailFinance Inc. 7.72 7632 07/30/2010 Solid Waste Fund Postage MailFinance Inc. 7.72 7632 07/30/2010 Liquid Waste Fund Postage MailFinance Inc. 69.49 AP - Checks for Approval ( 08/10/2010 - 4:00 PM ) Page 18 Check Total: 154.42 7633 07/30/2010 Facilities Revolving Fund District Yard Howard S. Wright Constructors 40,522.77 Check Total: 40,522.77 7634 07/30/2010 Liquid Waste Fund Sewer Maint- Equipment Maint i.i. Fues 4,002.51 Check Total: 4,002.51 7635 07/30/2010 Liquid Waste Fund Sewer Maint -Pump Stn Contract Jimni Systems, Inc 903.50 Check Total: 903.50 7636 07/30/2010 Liquid Waste Fund Misc Swr Wk#164 -Cont Svc Orange Coast Electric 3,475.00 7636 07/30/2010 Liquid Waste Fund . Misc Swr Wk#164 -Cont Svc Orange Coast Electric 3,185.00 7636 07/30/2010 Liquid Waste Fund Misc Swr Wk#164 -Cont Svc Orange Coast Electric 545.00 Check Total: 7,205.00 7637 07/30/2010 Liquid Waste Fund Due to OCSD Orange County Sanitation Distr 2,883.85 Check Total: 2,883.85 7638 07/30/2010 Solid Waste Fund Office Supplies Office Depot 13.77 7638 07/30/2010 Liquid Waste Fund Office Supplies Office Depot 123.97 Check Total: 137.74 7639 07/30/2010 Solid Waste Fund Building Maintenance Pacific Building Care, Inc. 45.37 7639 07/30/2010 Liquid Waste Fund Building Maintenance Pacific Building Care, Inc. 408.38 Check Total: 453.75 7640 07/30/2010 Liquid Waste Fund Sewer Lateral Program #186 Petra Verkaik 1,800.001, Check Total: 1,800.00' 7641 07/30/2010 Liquid Waste Fund Sewer Lateral Program #186 Phyllis Robinson 1,325.00 AP - Checks for Approval ( 08/10/2010 - 4:00 PM ) Page 18 Check Number Check Date Fund Name Account Name Vendor Name Amount Check Total: 1,325.00 7642 07/30/2010 Liquid Waste Fund Sewer Maint- Material /Supplies Santa Ana Blue Print 45.63 7643 07/30/2010 Liquid Waste Fund 7643 07/30/2010 Liquid Waste Fund 7643 07/30/2010 Liquid Waste Fund 7643 07/30/2010 Solid Waste Fund 7643 07/30/2010 Liquid Waste Fund 7643 07/30/2010 Liquid Waste Fund 7644 07/30/2010 Liquid Waste Fund 7645 07/30/2010 Liquid Waste Fund 7645 07/30/2010 Liquid Waste Fund 7646 07/30/2010 Liquid Waste Fund Life/AD &D Insurance Dental Insurance Long -Tenn Disability Benefits Admin Costs Benefits Admin Costs Vision Insurance Deferred Compensation - 457 Check Total: 45.63 Spec Dist Risk Mgt Authority 165.22 Spec Dist Risk Mgt Authority 672.72 Spec Dist Risk Mgt Authority 363.87 Spec Dist Risk Mgt Authority 3.28 Spec Dist Risk Mgt Authority 29.50 Spec Dist Risk Mgt Authority 29.36 Check Total: VantagePoint Transfer Agents Check Total: Deferred Medical -RHS- Employee VantagePoint Transfer Agents Deferred Medical -RHS- Employee VantagePoint Transfer Agents Check Total: Misc Swr Wk #164 -Copt Svc Walters Wholesale Electric Co. Check Total: Report Total: 1,263.95 1,030.00 1,030.00 343.99 343.99 687.98 498.51 498.51 1,294,937.75 AP - Checks toWval ( 08/10/2010 - 4:00 PM ) • Pao Costa Mesa Sanitary District: Expense Reimbursed it Form for Directors Name: Lmin-, I _ Attsi -h sill rPctainttt- r,._ . Ks 'Can be used for private auto as well as taxi, Iimo and air fare. 7� �"� (� �,,� 7 _ ;L3` f 6 II. Calculation 1. miles at 50.5 cents per mile _ $ (Current Rate) 2. Total meals - 3. _ days attendance at $_2Z21.00 per day = (per Board policy) 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) (rev. 2/06) Total= $ Significant points learned of benefit to the -District and its ratepayers: ac 3 O W 6 -2 ffil � UJI Y-PIR rw- 424 i 1 P70391 OCCASION -PUR-POSE-OR tax 'Can be used for private auto as well as taxi, Iimo and air fare. 7� �"� (� �,,� 7 _ ;L3` f 6 II. Calculation 1. miles at 50.5 cents per mile _ $ (Current Rate) 2. Total meals - 3. _ days attendance at $_2Z21.00 per day = (per Board policy) 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) (rev. 2/06) Total= $ Significant points learned of benefit to the -District and its ratepayers: ac 3 O W 6 -2 ffil � UJI Y-PIR rw- 424 i 1 P70391 Costa Mesa Sanitary District Expense Reimbursement Form for Directors Name: (A J��2 AU A 1 Attanh all raw-talint-q- 'Can be used for private auto as well as taxi, limo and air fare. 7-7-/0 ' p z -n Ii. Calculation —1 1 1. 30 miles at 50AI cents per mile = $ 15.00 (Cunwd Rate) 2. Total meals = 3. days attendance at'$ 221.00 per day (Pe► Board poky) 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) Me) 9 Total= $ 15-60 Significant points learned of benefit to the District and its ratepayers: &Irector Signatu PURPOsE OR OCCASION • • 1• • PIT V MI, vwm. MINN.- 'Can be used for private auto as well as taxi, limo and air fare. 7-7-/0 ' p z -n Ii. Calculation —1 1 1. 30 miles at 50AI cents per mile = $ 15.00 (Cunwd Rate) 2. Total meals = 3. days attendance at'$ 221.00 per day (Pe► Board poky) 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) Me) 9 Total= $ 15-60 Significant points learned of benefit to the District and its ratepayers: &Irector Signatu Cosa Mesa Sanitary District Expense Reimburse* A Form for Directors Name: Robert J. Ooten I. Attach all receipts.. • DATE OF EVENT PURPOSE OR OCCASION LOCATION TRAVEL* MEAL EXPENSE OTHER 1 It 60 CU:)GK kkJ t4l CogA ckWiM MrN'Co E60.4A Cx 4eo 7 12Z S A �S C.o G S.o w� �.�ai. W► $.�a 6 S 1'x-4 l l u ?fit u �7� �} O C- O C vo �. -man oe usea Tor private auto as wen as taxi, umo ana air tare. Il. Calculation 1. 4tj rt— miles at 50.0 cents per mile (Curren Rate) 2. 3 Total meals 3, days attendance at $ 221.00 per day (Pw Board Policy) 4. Meeting 5. Other ab o A/1 Conference /Event: Location: Per Ordinance No. 66,. "Board members shall provide brief reports on meetings attended at public expense at the next regular Board meeting. { peratio s Code, ec oq 3.01.035) n A. _$ Ztla= Total = $ S'"15� 00 Significant points learned of benefit to the District and its ratepayers: cwt; 'faA^ C &A n•u c.r-, w a IA a%&WjA . A -j dr IL w fps. 9, S S Q / E o0 AX&RA ^ - �:� �,�,,• n� a' AJ to %^ 1W 111 J i t •r ? ! -A40* 1 da 1^ .._r Director Signature: \Lo-� �� .66.(4. Costa'Mesa Sanitary District Expense Reimbursement Form for Directors Name: Robert J. Ooten 1. Attach all receipts. DATE OF EVENT PURPOSE OR OCCASION LOCATION TRAVEL* MEAL EXPENSE OTHER �l 3 �o . C c5 7 I Ito U6A 41 Cj-kj- 1 Z d a t wAt, G w< <, 0 -11 c u,3 u A I 5 o. 9S le r< - illtillu Gw1SD 4-7 00AR -71-let is V> 0 C-- aL� "Can be used for private auto as weU as taxi, limo and air fare. 11. Calculation 1. miles at 55.0 cents per mile (Current Rate) . 2. Total meals 3. 6— days attendance at $ 221.00 per day (Per Board policy) � � � 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) (rev. III M) 9 $ Total= $ • d 0 Significant points learned of benefit to the District and its ratepayers: Cu0 C P\ TEcti Cori - as �z . L4. ct d cl t2�QC�i.SW ©C6 3 SPA., NJ &D'�aJtsor�¢ Director Signature: 0 Name:Gary Monahan I. Attach all receipts. Costa Mesa Sanitary District Expense Reimbursc` :nt Form for Directors •. DATE OF EVENT PURPOSE OR OCCASION LOCATION TRAVEL* MEAL EXPENSE OTHER 7/22/10 CMSD Regular Board of Directors Meeting CMSD 7/13/10 CMSD Sewer System Committee Meeting CMSD `Can be used for private auto as well as taxi, limo and air fare. 11. 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 policy) 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) L J s r 1 i n f Costa Mo. anitary District ,._ Expense Reimbursement Form for Directors Name: 1 t-CR 1. Attach all receipts. DATE OF EVENT PURPOSE OR OCCASION LOCATION TRAVEL' MEAL EXPENSE 01-HER D 2 -/ -c:an be used ior.pavate auto as wall as Ifnd, lima and air tare. 11. Calculation 1._ miles at 50,0 cents per mile ICUMMI no" 2. Total meals 3. S' days attendance at $ 221.00 per day (par 06M POT" 4. Meeting S. Other Conference/Event: Location: Per Ordinance No. 55, "®oard members shall provide brief -4 reports on meetings attended at public expense at the next a regular Board meeting." -(Operations Cede, Section 3.01.035) D r— T m r hw.IIIMM Total = $ 1.56 Significant points learned of benefit to the District and its ratepayers: 7 n p E `m i E o m Costa Mesa Sanitary District /Expense Reimbursement Form for Directors Name: I. Attach all receipts. / �• 'l./[ 41J D DATE OF EVENT PURPOSE OR OCCASION LOCATION TRAVEL' MEAL EXPENSE OTNFR r ' _lV tiam b@ used for pnvate auto a9 wo4 as told, Iona and air fare. 11. Calculation 1, miles at 50.0 cents per mile (Curmml na*l 2. Total meals 3. Jr' days attendance at$ 221.00 per day (par BOM policy) 4. Meeting 5. Other ConferencelEvent: Location: Per Ordinance No. 55, "6oW members shall provide brief reports on meetingga attended at pubfc expense at the next regular Floard meeting." (Operations Code, Section 3.01.035) hw. 111=1 • 0 _g Total = $ Significant points learned of benefit to the District and its ratepayers, Director �v cti r � m � 9 LIZ 6 s a i w LL m Coda vitary District Expense Reimbuent Form for Directors. Narne: I. Attach all receipts. DATE OF EVENT PURPOSE OR OCCASION LOCATION TRAVEL• MEAL EXPENSE OTHER % t•-v G e O � o . 1.�.. � --T�/L s 7—. 13 J w 2 S 7 -r. Cc, kii . .a.i, 'a o,s, 1 D -`,f u, 4 A S S a,,- Cc, vA "Z Y ,S la L CVL - Lo 'Can be used for private auto as well as taxi, limo and air fare. II. Calculation miles at s per mile (Current Rate) 2. Total meals Ej 3. days attendance at $ 221.00 per day teem � = 11, 326.6 0 m 4. Meeting m 5. Other m Tota 3_-2-G. vv Significant points learned of benefit to the Distrkt. and its ratepayers: 1114 Location: CD L Per Ordinance No. 55, "Board rnernbera shall provide brief In reports on meetings attended at public expense at the next cn regular Board meeting," (Operations Code, Section 3.01.036) Di *ctor'Signature: IV a Meeting Date Item Number -oax2611 0 -- X. a Cosh WESA Q0 WT A D,VqISUCT Memorandum To: Board of Directors ... an' Independent Spedafa)wnct From: Scott Carroll, General Manager Date: . August 26, 2010 Subject: Emergency Operations Plan Summary Staff has developed an Emergency Operations Plan (EOP) to comply with state and federal mandates under the Standardized Emergency Management System (SEMS) and the National Incident Management System (NIMS) and to become eligible for state and federal reimbursements of response related expenses. Staff Recommendation That the Board of Directors adopts the Emergency Operations Plan attached hereto. Analysis In 1993, Senate Bill 1841 established the Standardized Emergency Management System (SEMS) to improve the coordination of state and local emergency response in California. SEMS is intended to standardize response to emergencies involving multiple jurisdictions or multiple agencies. It requires agencies to use basic principles and components of emergency management including Incident Command System (ICS), multi- agency or inter- agency coordination, the operational area concept and established mutual aid systems. All forms of government in California, including special districts, come under the provisions of SEMS and therefore must use SEMS in order to be eligible for state reimbursements for response related expenses. In 2003, after Hurricane Katrina, the federal .government established the National Incident Management System (NIMS) to provide a consistent nationwide template that will enable all forms of government along with the private sector and non - profit groups to work together and cohesively during domestic incidents. Because California is usually the trend setter for much of the country, NIMS was established based on the (Protecting our community's health and the environment 6y prMfing solidwaste andsewercollection services. www. crosdca.gov Board of Directors _ e August 26, 2010 Page 2 of 3 same strategy as SEMS. Local governments, including special districts, must use NIMS in order to be eligible for federal reimbursements for response related expenses. To conform to state and federal mandates of SEMS and NIMS, an Emergency Operations Plan (EOP) must be developed to provide a framework for coordination of response and recovery efforts within the District and coordination with local, state and federal agencies. Attached is such a plan. In addition to conforming to state and federal mandates, the EOP will accomplish the following: • Establishes response policies and procedures, providing the District clear guidance for planning purposes; • Describes and details procedural steps necessary to protect lives and property; • Outlines coordination requirements; • Provides a basis for unified training and response exercises to ensure compliance; Staff is recommending that the Board of Directors adopts the EOP attached hereto and directs staff to begin its implementation. Strategic Element & Goal This item supports achieving Strategic Element No. 6.0, Personnel /Organizational Management, and Strategic Goal No. 6.1, Enhance Existing Safety Plan. Leaal Review Dot applicable Financial Review The District has budgeted $32,100 for establishing an Emergency Operations Center (EOC) in the large conference room. Soon after the EOP is approved, staff will begin incurring costs for the EOC enhancements such as installing a drop down ceiling screen and a ceiling projector, installing an emergency generator and purchasing EOC supplies. Committee Recommendation Not applicable 0 ,i Board of Directors August 26, 2010 Page 3of3 Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the August 26, 2010.13oard of Directors regular meeting at District Headquarters. Alternative Actions Refer the matter back to staff for additional information. Attachments A: Costa Mesa Sanitary District Emergency Operations Plan • • • • 0 Costa Mesa Sanitary District Emergency Operations Plan 628 W. 19th Street Costa Mesa, CA 92627 (949) 645 -8400 www.crosdca.gov Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN Table of Contents SECTION 1 - BASIC EMERGENCY PLAN 1. BASIC PLAN ................................................................................. ..............................7 1.1 Promulgation .................................................................................. ..............................7 1.1.1 The Basic Plan ................................................................................ ..............................8 1.1.2 Requirements ................................................................................. ..............................8 2 PURPOSE & SCOPE ..................................................................... ..............................8 2.1 Purpose .......................................................................................... ..............................8 2.2 Scope ............................................................................................. ..............................9 3 OBJECTIVES ................................................................................. ...... .........................9 3.1 The objectives of the plan are to: .................................................................................. 9 4 STANDARDIZED EMERGENCY MANAGEMENT SYSTEM ( SEMS ) ..........................9 • 4.1 What Is SEMS? .............................................................................. ..............................9 4.2 Purpose of SEMS .......................................................................... .............................10 4.3 Organizational / Response Levels and Activation Requirements ... .............................10 4.4 Features Common to all Organizational Response Levels ............. .............................12 4.4.1 Essential Management Functions .................................................. .............................12 4.4.2 Management by Objectives ............................................................ .............................12 4.4.3 Action Planning .............................................................................. .............................12 4.4.4 After Action Reporting .................................................................... .............................13 4.4.5 Organizational Flexibility -- Modular Organization ............................ .............................13 4.4.6 Organizational Unity and Hierarchy of Command or Management . .............................13 4.4.7 Span of Control .............................................................................. .............................14 4.4.8 Personnel Accountability ................................................................ .............................14 4.4.9 Common Terminology .................................................................... .............................14 4.4.10 Resources Management ................................................................ .............................14 4.4.11 ............................. Integrated Communications ........... ............................... .................15 4.5 Mutual Aid ..................................................................................... .............................15 4.5.1 What is Mutual Aid? ....................................................................... .............................15 4.5.2 Mutual Aid Systems ....................................................................... .............................15 4.5.3 Mutual Aid Coordinators ................................................................ .............................16 4.5.4 Participation of Volunteer and Private Agencies ............................. .............................16 4.5.5 Emergency Facilities used for Mutual Aid ...................................... .............................17 2 U Costa Mesa sanitary District EMERGENCY OPERATIONS PLAN 4.6 Overview of SEMS Response ....................................................... .............................17 4.6.1 Local Incident within Capability of Local Government .................... .............................17 4.6.2 Single Jurisdiction Incident - -Local Government Requires Additional Resources ......... 18 4.6.3 Major Single Jurisdiction Disaster - -Local Government Requires Additional Resources..................................................................................... .:...........................19 4.6.4 Major Area -Wide Disaster -- Damage in Multiple Operational Areas .............................19 5 AUTHORITIES AND REFERENCES ............................................ 5.1 .............................20 Costa Mesa Sanitary District Operations Code .............................. .............................20 5.1.1 Chapter 18.03 - Emergencies (Refer to ANNEX - C) ..................... .............................20 5.1.2 Section 18.03.010 - Purpose .......................................................... ....................:........20 5.2 State of California .......................................................................... .............................21 5.2.1 California Government Code, Section 3100, Title 1, Division 4, Chapter 4 ..................21 5.3 The California Emergency Plan ..................................................... .............................21 6 DEFINITIONS ................................................................................ .............................21 6.1 Incidents, Emergencies, and Disasters....... ................................... 6.1.1 .............................21 Incident ........................................................................................... .............................21 6.1.2 • Emergency .................................................................................... .............................22 6.1.3 Disaster ......................................................................................... .............................22 7 RESPONSE LEVELS .............................................................:...... 7.1 .............................23 Response Levels ........................................................................... .............................23 7.1.1 Response Level 1 - Local Emergency ........................................... .............................23 7.1.2 Response Level 2 - Local Disaster ................................................. 7.1.3 .............................23 Response Level 3 -Major Disaster ................................................ .............................24 8 EMERGENCY PHASES ................................................................ 8.1 .............................24 General Information Regarding Emergencies ................................ .............................24 8.1.1 Mitigation Phase ............................................................. ............................... 8.1.2 Preparedness Phase ..................................................................... .............................25 8.1.3 Response Phase ........................................................................... .............................25 8.1.4 Recovery Phase ............................................................................ .............................25 • 3 Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN 9 EMERGENCY PROCLAMATIONS ............................................... .............................26 9.1 Local Emergency .............................. ............................................ .............................26 9.2 State of Emergency ....................................................................... .............................26 9.3 State of War Emergency ................................................................ .............................27 10 HAZARD VULNERABILITY ASSESSMENTS /RISK ANALYSES . .............................28 10.1 Hazard Risks ................................................................................. .............................28 10.2 Geology and Seismic Hazards ....................................................... .............................30 10.2.1 Earthquakes .................................................................................. .............................30 10.3 Flooding ......................................................................................... .............................31 10.4 Tsunami Emergency ....................................................................... .............................31 10.5 Sanitary Sewer Overflows .............................................................. .............................31 10.6 Major Vehicle Accident .................................................................. .............................32 10.7 Airplane Crash ............................................................................... .............................33 10.8 Terrorism Event .............................................................................. .............................33 • 11 EMERGENCY OPERATIONS PLAN MAINTENANCE ................. .............................33 11.1 Emergency Operations Plan Maintenance ..................................... .............................33 • 11.2 Training Program ........................................................................... .............................34 11.2.1 Orientation ...................:................................................................. .............................34 11.1.2 SEMS Required EOC Exercises and After Action Reports ............. .............................34 SECTION 2 — EMERGENCY OPERATIONS CENTER 1. EMERGENCY ORGANIZATION ................................................... .............................37 1.1 Overall Emergency Structure ......................................................... .............................37 2 EMERGENCY OPERATIONS CENTER ........................................ .............................37 2.1 Explanation of the EOC ................................................................. .............................37 Emergency Operations Organizational Chart ................................. .............................38 2.2 EOC Positional Definitions ......................................................... .............................39 Director of Emergency Services ..................................................... .............................39 Public Information Officer (PIO) ..................................................... .............................39 LiaisonOfficer ................................................................................ .............................39 EOC Facility Manager / Safety Officer ........................................... .............................39 LegalOfficer .................................................................................. .............................39 Operations Section Chief ............................................................... .............................40 • 4 Costa ,Mesa Sanitary District EMERGENCY OPERATIONS PLAN Maintenance & Operating Unit .............................. ............................... .......40 ................ Planning and Intelligence Section Chief .... ............................... SituationStatus Unit :..................................................................... .............................40 ..... ................. Resource Status Unit ............................. ............................... .............. ..40 DamageAssessment Unit ................................:............................. .............................40 DocumentationUnit ....................................................................... .............................40 LogisticSection Chief .................................:.. ............................... ............................141 SuppliesUnit ................................................. ............................... ............................141 PersonnelUnit ............................................ ..............................: ..........41 ....................... Careand Shelter Unit ....................................................,............. ......:......................41 TransportationUnit ............................ ............................... ................41 .......................... UtilitiesUnit ......................................................... ............................... .....41 Finance and Administration Section Chief ...... .. . ............................. .......41 ....................... Compensation and Claims Unit ................ ..............................: ....................41 ................ CostUnit ................................................................ ............................... ...................... 42 TimeUnit ...................................................................................... .............................42 ... ............................... 2.3 Emergency Operations Center Diagram ................... ................43 2.4 EOC Activation and Set Up Procedure .......................................... .............................44 2.5 When the EOC is Activated ...................................:........................ .............................45 2.6 EOC Closeout Checklist . ............................... .......47 SECTION 3 - EMERGENCY OPERATIONS CENTER POSITIONAL CHECKLISTS Director of Emergency Services ....... .............................:. ............49 ... ............................... Public Information Officer (PIO) .. ............................... ........................ .........................52 EOC Facility Manager / Safety Officer ........................................... .............................54 LiaisonOfficer ......................................... ............................... ........55 ............................. LegalOfficer .................................................................................. .............................56 OperationsSection Chief ............................................................... .............................57 Maintenance & Operations Unit Leader ................ ............................... ...59 .................... Planning and Intelligence Section Chief ............. ............................... ........... ...............61 SituationStatus Unit ...................................................................... .............................63 ResourceStatus Unit ..................... ............................... ................64 DamageAssessment Unit ............ ............................... .................. .............................65 DocumentationUnit ....................................................................... .............................67 Logistic Section Chief..... 68 . . SuppliesUnit ................................................................................. .............................71 Personnel Unit ................... Careand Shelter Unit .................................................................. ................. .............75 5 Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN Transportation Unit ......... ............................... Utilities Unit ..................... ............................... Finance and Administration Section Chief...... Compensation and Claims Unit ...................... CostUnit ......................... ............................... TimeUnit ....................... ............................... .............................. .............................76 ............................ .............................77 .............................. .............................79 .............................. .............................80 .............................. .............................82 .............................. .............................83 SECTION 4 — THE INCIDENT COMMAND SYSTEM (FIELD RESPONSE) 1.1 ICS Structure Chart ....................................................................... .............................85 1.2 General ICS Information ................................................................ .............................34 1.3 ICS Organization ........................................................................... .............................86 1.4 Incident Facilities ........................................................................... .............................88 1.5 Incident Action Plan ....................................................................... .............................88 1.5.1 Essential Incident Action Plan Elements ........................................ .............................89 APPENDIX 1 - District EOC Personnel Assignments APPENDIX 2 - Hazard Specific Checklists APPENDIX 3 - Emergency Operations Center Forms APPENDIX 4 - Glossary and Acronym List APPENDIX 5 — Emergency Contact Information ANNEX A Board of Directors Duties and Responsibilities ANNEX B Recovery Operations Manual ANNEX C Emergencies Ordinance 0 • • • 0 1 Basic Plan 1.1 Promulgation Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN Letter of Promulgation The preservation of life, environment, and property is an inherent responsibility of local, state, and federal government. The Costa Mesa Sanitary District has prepared this emergency operations plan to ensure the most effective and economical allocation of resources for the maximum benefit and protection of the community in time of emergency. While no plan can completely prevent death and destruction, good plans carried out by knowledgeable and well- trained personnel can and will minimize losses. This plan establishes the emergency organization, assigns tasks, specifies policies, and general procedures, and provides for coordination. of planning efforts of the various agencies and service elements utilizing the Standardized Emergency Management System (SEMS). The plan also meets requirements established by the National Incident Management System (NIMS). The objective of this plan is to incorporate and coordinate all agencies and personnel within the district into an efficient organization capable of responding to emergencies affecting the sanitary sewer system. This emergency operations plan is an extension of the California Emergency Plan. It will be reviewed; exercised periodically, and revised as necessary to meet changing conditions. The Costa Mesa Sanitary District Board of Directors gives its full support to this plan. Concurrence of this promulgation letter constitutes the adoption of the Standardized Emergency Management System by the Costa Mesa Sanitary District. This emergency operations plan will °become effective on approval by the Board of Directors. Scott Carroll - General Manager Director of Emergency Services • t Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN 1.1.1 The Basic Plan The Basic Plan addresses the District's responsibilities in emergencies associated with natural disaster, human - caused emergencies and technological incidents. It provides a framework for coordination of response and recovery efforts within the District in coordination and with local, State, and federal agencies. The Plan establishes an emergency organization to direct and control operations during a period of emergency by assigning responsibilities to specific personnel. The Basic Plan: • Conforms to the State mandated Standardized Emergency Management System (SEMS), the National Incident Management System (NIMS), and effectively structures emergency response at all levels in compliance with the Incident Command System (ICS); • Establishes response policies and procedures, providing the District clear guidance for planning purposes; • Describes and details procedural steps necessary to protect lives and property; • Outlines coordination requirements; • Provides a basis for unified training and response exercises to ensure compliance; 1.1.2 Requirements The Plan meets the requirements of The State's policies on Emergency Response and Planning, the Standardized Emergency Management System (SEMS) Operational Area Response, and defines the primary and support roles of District personnel and departments in post - incident damage assessment and After Action reporting requirements. 2 Purpose and Scope 2.1 Purpose The Purpose of the Emergency Operations Plan is to protect the safety and welfare of the citizens, as well as all visitors and employees in the Costa Mesa Sanitary District. • s Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN 2.2 Scope The Scope encompasses a broad range of major emergencies. Such incidents include earthquakes, sanitary sewer overflows, flooding, and terrorist acts. Also included are procedures for emergencies that may or may not require the full or partial activation of the District's Emergency Operations Center (EOC), which will coordinate with other local jurisdiction's Emergency Operation Centers. 3 Objectives 3.1 The objectives of the plan are to: • Protect the safety and welfare of the community and employees of the Costa Mesa Sanitary District. • Provide for a safe and coordinated response to emergency situations. • Protect the District's facilities and properties. • Enable the District to restore normal conditions with .minimal confusion in the shortest time possible. • Provide for interface and coordination between incident sites and the District's Emergency Operations Center (EOC) as well as the City of Costa Mesa and other city and county EOCs. 4 Standardized Emergency Management System (SEMS) 4.1 What Is SEMS? The Standardized Emergency Management System (SEMS) is the system required by Government Code §8607(a) for managing response to multi- agency and multi jurisdiction emergencies in California. SEMS consists of five organizational levels that are activated as necessary: • Field Response • Local Government (Cities and Special Districts) • Operational Area (County) • Regional 0 Costa Mesa Sanitary-.District EMERGENCY OPERATIONS PLAN • State SEMS incorporates the use of the Incident Command System (ICS), the Master Mutual Aid Agreement, existing . mutual aid systems, the Operational Area concept, and multiagency or inter - agency coordination. Local governments and special districts must use SEMS to be eligible for funding of their personnel related costs under State Disaster Assistance programs. 4.2 Purpose of SEMS SEMS has .been established to provide. an effective response to multi- agency and multi jurisdiction emergencies in California. By standardizing key elements of the emergency management system, SEMS is intended to: • Facilitate the flow of information within and between levels of the system, • Facilitate coordination among all responding agencies. Use of SEMS improves the mobilization, deployment, utilization, tracking, and demobilization of needed mutual aid resources. Use of SEMS reduces the incidence of poor coordination and communications, and reduces resource ordering duplication on multi- agency and multi- jurisdiction responses. SEMS is flexible and adaptable to the varied disasters that occur in California and to the needs of all emergency responders. 4.3 Organizational/ Response Levels and Activation Requirements The five SEMS organizational / response levels are described below. The levels are activated as needed for an emergency. Field Response Level The field response level is where emergency response personnel and resources, under the command of an appropriate authority, carry out tactical decisions and activities in direct response to an incident or threat. SEMS regulations require the use of ICS at the field response level of an incident. 2 Local Government Level Local governments include cities, counties, and special districts. Local governments manage and coordinate the. overall emergency response and recovery activities within their jurisdiction. Local governments are required to use SEMS when their Emergency Operation Center is activated or a local emergency is declared or proclaimed in order to be eligible for State funding of response- related costs. Re] Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN In SEMS, the local government emergency management organization and its relationship to the field response level may vary depending upon factors related to geographical size, population, function, and complexity. 3 Operational Area Level Under SEMS, the Operational Area means an intermediate level of the State's emergency services organization which encompasses the County and all political subdivisions located within the County. The Operational Area manages and /or coordinates information, resources, and priorities among local governments within the Operational Area, and serves as the coordination and communication link between the local government level and the regional level. It is important to note, that while the Operational Area always encompasses the entire County area, it does not necessarily mean that the County government manages and coordinates the response and recovery activities within the county. The decision on organization and structure within the Operational Area is made by the governing bodies of the county and the political subdivisions with the county. 4 Regional Level Because of its size and geography, the state has been divided into three Regions. The purpose of the Regions is to provide for the more effective application and coordination of mutual aid and other emergency related activities. The District is in the Southern Region, co- located with the State's Emergency Operations Center in Los Alamitos. In SEMS, the regional level manages and coordinates information and resources among operational areas within the Region, and also between the Operational Areas and the State level. The regional level also coordinates overall. State agency support for emergency 5 State Level The State level of SEMS manages state resources in response to the emergency needs of the other levels, and coordinates mutual aid among the Regions and the State. The State level also serves as the coordination and communication link between the State and the federal disaster response system. • 11 • a Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN 4.4 Features Common to all Organizational Response Levels SEMS has several features based on the Incident Command System (ICS). The field response level uses functions, principles, and components of ICS as required in SEMS regulations. Many of these field response level features are also applicable at local government, Operational Area, Regional and State levels. In addition, there are other ICS features that have application to all SEMS levels. Described below are the features of ICS that are applicable to all SEMS levels. 4.4.1 Essential Management Functions SEMS has five essential functions adapted from ICS. Field Response uses the five primary ICS functions: I. Command 2. Operations 3. Planning / Intelligence 4. Logistics and 5. Finance / Administration. In an Emergency Operations Center at local government, Operational Area, and Regional / State levels, the term Management is used instead of Command. The titles of the other functions remain the same at all levels_ 4.4.2 Management by Objectives The Management by Objectives feature of ICS as applied to SEMS means that each SEMS level establishes, for a given operational period, measurable and attainable objectives to be achieved. An objective is an aim or end of an action to be performed. Each objective may have one or more strategies and performance actions needed to achieve the objective. The operational period is the length of time set by command at the field level, and by management at other levels to achieve a given set of objectives. The operational period may vary in length from a few hours to days, and will be determined by the situation. 4.4.3 Action Planning Action planning should be used at all $EMS levels. There are two types of action plans in SEMS: 12 Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN �. Incident Action Plans: At the field response level, written or verbal incident action plans contain objectives reflecting the overall incident strategy and specific tactical action and supporting information for the next operational period. Incident action plans are an essential and required element in achieving objectives under ICS. 2. EOC Action Plans: At local, Operational Area, Regional and State levels, the use of EOC action plans provide designated personnel with knowledge of the objectives to be achieved and the steps required for achievement. Action plans not only provide direction, but they also serve to provide a basis for measuring achievement of objectives and overall system performance. 4.4.4 After Action Reporting After Action Reports are required by the National Incident Management System any time the Emergency Operations Center is activated. The Director and the Emergency Manager will ensure that all responsible persons, Section Chiefs, Unit Leaders attend a critique or "Hot Wash" within 48 hours of the closing of the operation. As a result of this meeting, individual reports will be submitted no later than 30 days after the closing of the EOC. The reports must include Corrective Actions, including who is responsible for the actions and when they are to be completed. A copy of the After Action Report must be sent to State OES (Regional Office) within 90 days of the EOC deactivation. 4.4.5 Organizational Flexibility -- Modular Organization The intent of this SEMS feature is that at each SEMS level: 1) only those functional elements that are required to meet current objectives need to be activated, and 2) that all elements of the organization can be arranged in various ways within or under the five SEMS essential functions. The functions of any non - activated element will be the responsibility of the next highest element in the organization. Each activated element must have a person In- charge of it. However, one supervisor may be in charge of more than one functional element. 4.4.6 Organizational Unity and Hierarchy of Command or Management Organizational Unity means that every individual within an organization has a designated supervisor. Hierarchy of command / management means that all functional elements within each activated SEMS level are linked together to form a single overall organization within appropriate span -of- control limits. 13 • • 0 Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN 4.4.7 Span of Control Maintaining a reasonable span of control is the responsibility of every supervisor at all SEMS levels. The optimum span of control is one to five, meaning that one supervisor has direct supervisory authority over five positions or resources. The recommended span of control for supervisory personnel at the field response level and all EOC levels should be in the one -to -three to one -to -seven range. A larger span of control may be acceptable when the supervised positions or resources are all performing a similar activity. 4.4.8 Personnel Accountability An important feature of ICS applicable to all SEMS levels is personnel accountability. This is accomplished through the Organizational Unity and Hierarchy of Command or Management feature along with the use of check -in forms, position logs and various status keeping systems. The intent in bringing this ICS feature into SEMS is to ensure that there are proper safeguards in place so all personnel at any SEMS level can be accounted for at any time. 4.4.9 Common Terminology In ICS, common terminology is applied to functional elements, position titles, facility designations and resources. The purpose of having common terminology is to rapidly enable multi - agency, multi - jurisdiction organizations and resources to work together effectively. This feature, as applied to all SEMS levels, would ensure that there is consistency and standardization in the use of terminology within and between all five SEMS levels. 4.4.10 Resources Management In ICS, resource management describes the ways. in which field level resources are managed and how status is maintained. At all SEMS levels, there will be some functional activity related to managing resources. This will vary from level to level in terms of directing and controlling, to coordination, to resource inventorying.. Procedures for effective resources management must be geared to the function and the level at which the function is performed. 14 Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN 4.4.11 Integrated Communications This feature of ICS relates to: hardware systems; planning for system selection and linking; and the procedures and processes for transferring information. At the field response level, integrated communications is used on any emergency. At all EOC levels, and between all SEMS levels, there must be a dedicated effort to ensure that communications systems, planning and information flow are being accomplished in an effective manner. The specifics of how this is accomplished at EOC levels will be different than at the field response level. 4.5 Mutual Aid 4.5.1 What is Mutual Aid? Incidents frequently require responses that exceed the resource capabilities of the affected response agencies and jurisdictions. When this occurs Mutual Aid is provided by other agencies, local governments, 'and the state. Mutual Aid is voluntary aid and assistance by the provision of services and facilities including but not limited to: fire, police, medical and health, communications, transportation, and utilities. Mutual Aid is • intended to provide adequate resources, facilities, and other support to jurisdictions whenever their own resources prove to be inadequate to cope with a given situation. Mutual Aid is provided between and among local jurisdictions and the State under the terms of the California Disaster and Civil Defense Master Mutual Aid Agreement. This agreement was developed in 1950 and has been adopted by California's incorporated cities, all 58 counties, and the State. 4.5.2 Mutual Aid Systems The mutual aid program in California has developed statewide mutual aid systems. These systems, operating within the framework of the Master Mutual Aid Agreement, allow for the progressive mobilization of resources to and from emergency response agencies, local governments, operational areas, regions, and state with the intent to provide requesting agencies with adequate resources. Several discipline- specific mutual aid systems have been developed, including fire and rescue, law, medical, and public works. The adoption of SEMS does not alter existing Mutual Aid systems. These systems work through local government, Operational Area, Regional and State levels consistent with SEMS. U is r� Costa Mesa. Sanitary District EMERGENCY OPERATIONS PLAN Mutual aid may also be obtained from other states. Inter -state Mutual Aid may be obtained through direct state -to -state contacts, pursuant to inter -state agreements and compacts, or may be coordinated through federal agencies. 4.5.3 Mutual Aid Coordinators The basic role of a Mutual Aid Coordinator is to receive Mutual Aid requests, coordinate the provision of resources from within the coordinator's geographic area of responsibility, and to pass on unfilled requests to the next level. Mutual Aid requests that do not fall into one of the discipline - specific Mutual Aid systems are handled through the Emergency Services Mutual Aid System ,by emergency management staff at the local government, Operational Area, Regional; and State levels. Agencies may be requested to send representatives to the Regional EOC to assist OES regional staff in handling mutual aid requests for disciplines or functions that do not have designated Mutual Aid Coordinators. 4.5.4 Participation of Volunteer and Private Agencies Volunteer agencies and private agencies may participate in the Mutual Aid system along with governmental agencies. For example, the Disaster Medical Mutual Aid system relies heavily on private sector involvement for medical / health resources. Some volunteer agencies such as the American Red Cross, Salvation Army and others are an essential element of the statewide emergency response to meet the needs of disaster victims. Volunteer agencies mobilize volunteers and other resources through their own systems. They also may identify resource needs that are not met within their own systems that .would be requested through the Mutual Aid system. Volunteer agencies with extensive involvement in the emergency response should be represented in EOCs. Some private agencies have established mutual aid arrangements 'to assist other private agencies within their functional area. For example, electric and gas utilities have Mutual Aid agreements within their industry and established procedures for coordinating with governmental EOCs. In some functional areas, services are provided by a mix of special districts, municipal, and private agencies. Mutual aid arrangements may include both governmental and private agencies. For example, public and private utilities are currently developing a mutual aid system. Liaison should be established between activated EOCs and private agencies involved in a response. Where there is a need for extensive coordination and information exchange, private agencies should be represented in activated. EOCs at the appropriate SEMS level. 16 Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN 4.5.5 Emergency Facilities used for Mutual Aid In- coming Mutual Aid resources may be received and processed at several types of facilities including: marshalling areas, mobilization centers, and incident facilities. Each type of facility is described briefly below: • Marshalling Area: Defined in the National Response Framework as an area used for the complete assemblage of personnel and other resources prior to their being sent directly to the disaster area. Marshalling areas may be established in other states for a catastrophic California earthquake. •. Mobilization Center: Off - incident location at which emergency service personnel and equipment are temporarily located pending assignment, release, or reassignment. For major area -wide disasters, mobilization centers may be located in, or on the periphery of, the disaster area. • Incident Facilities: Incoming resources may be sent to staging areas, other incident facilities, or directly to an incident depending on the circumstances. Staging areas are temporary locations at an incident where personnel and equipment are kept while awaiting tactical assignments. 0 4.6 Overview of SEMS Response The following describes generally how SEMS is intended to work for various emergency situations. The situations are described in terms of the involvement and interactions of the five SEMS levels, and are intended to apply to all types of disasters that may occur in California, such as, earthquakes, floods, fires, and hazardous materials incidents. This discussion assumes that appropriate emergency declarations and proclamations are made. It also assumes that multi- agency or inter - agency coordination is accomplished at each level as required by SEMS regulations. Note that SEMS may be activated and resources mobilized in anticipation of possible disasters. Such anticipatory actions may be taken when there are flood watches, severe weather, earthquake advisories, or other circumstances that indicate the increased likelihood of a disaster that may require emergency response and mutual aid. The extent of actions taken will be decided at the time based on the circumstances. 4.6.1 Local Incident within Capability of Local Government • Field Response: Field units respond as needed using the Incident Command System. Resources are requested through local government dispatch centers. 17 0 r- Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN • Local Government: Supports field response as needed. Small incidents generally do not require activation of the local government Emergency Operations Center (EOC) Emergency management staff may monitor the incident for possible increase in severity. Larger incidents may necessitate activation of the EOC. Local governments will notify the operational area if the EOC is activated. • Operational Area: Activation of the operational area EOC is generally not needed for small incidents, but consideration should be given to possibility of the incident becoming larger. The Operational Area EOC would be activated if the local government activates its EOC and requests Operational Area EOC activation. 4.6.2 Single Jurisdiction Incident - -Local Government Requires Additional Resources • Field Response: Field units respond as needed using the Incident Command System. Resources are requested' through dispatch centers, Department Operations Centers, or in some cases, the EOC. • Local Government: Supports incident commanders with available resources. The local government Emergency Operations Center is activated. Local government and special districts notify the Operational Area. Resources are requested through Operational Area emergency management staff and appropriate Mutual Aid Coordinators. (In some cases, Mutual Aid may be obtained directly from neighboring local governments under local Mutual Aid agreements.) Local government and special districts retain responsibility for managing the response. • Operational Area: Operational Area emergency management staff and Mutual Aid coordinators locate and mobilize resources requested by local government or special districts. Emergency management staff and Mutual Aid Coordinators generally operate from normal departmental locations for handling limited resource requests, and the EOC is not activated. Emergency management staff and Mutual Aid Coordinators will communicate with each other as needed to coordinate resource mobilization. If requested by the affected local government, emergency management staff will activate the operational area EOC and notify the OES Regional Administrator. 18 Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN 4.6.3 Major Single Jurisdiction Disaster - -Local Government Requires Additional Resources Field response: Field units respond as needed using the Incident Command System. One or more Incident Commands may be established depending upon the size and nature of the disaster. Resources are requested through dispatch centers, Department Operations Centers (DOCs), or the EOC. Local Government: Supports Incident Commanders with available resources. Local governments activate their Emergency Operations Centers and notify the Operational Area lead agency. Resources are requested through Operational Area emergency management staff and Mutual Aid Coordinators. Local governments retain responsibility for managing the response. Operational Area: Lead agency activates Operational Area Emergency Operations Center. Operational Area emergency management staff and Mutual Aid Coordinators locate and mobilize resources requested by Local government and special districts. Mutual Aid Coordinators go . to the EOC or send representatives depending on circumstances. Resources not available within the Operational Area are requested through the OES Regional Administrator and Regional Mutual Aid Coordinators. Regional: OES Regional Administrator activates Regional Emergency Operations Center (REOC) and notifies OES headquarters. OES Regional Administrator and Regional Mutual Aid Coordinators locate and mobilize resources requested by the Operational Area. • State: State Operations Center is activated. State OES staff monitor situation. 4.6.4 Major Area -Wide Disaster -- Damage in Multiple Operational Areas Field Response: Field units from the affected jurisdictions respond as feasible using the Incident Command System. Incident Command Posts may be established at various sites throughout the disaster area. Resources are requested through dispatch centers, Department Operations Centers (DOCs), or EOCs. • 19 Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN Local . Government: Ability to respond may be severely impaired. Local governments assess capability and report situation to operational area. Local governments mobilize all available resources. EOCs establish priorities, allocate available resources to support the field response, and request assistance through the Operational Area. Local governments and special districts retain responsibility for managing the response within their jurisdictions. Operational Areas: Lead agency activates Emergency Operations Center and notifies OES Regional Administrator. Emergency Operations Center assesses situation and reports information to the Regional Emergency Operations Center (REOC). The emergency. management staff and Mutual Aid Coordinators mobilize available resources in the Operational Area, request additional resources through the REOC and Regional Mutual Aid Coordinators, and provide overall situation information to local governments and special Districts. • Regional: OES Regional Administrator activates Regional Emergency Operations Center (REOC) and notifies State Headquarters. REOC staff and Regional Mutual Aid Coordinators locate and mobilize resources available within. the Region and from State agencies. Additional resources are requested through the State Operations Center. State agency representatives are requested for the REOC to assist in coordinating support to the disaster area. REOC monitors situation and updates State Operations Center. State: State Operations Center (SOC) is activated and state agency representatives are requested to staff the SOC. SOC coordinates state agency response and mobilization of mutual aid resources from unaffected regions. SOC may direct activation of other OES REOCs to assist in resource mobilization. State agency department operations centers are activated. If needed, federal assistance is requested using the National Response Framework. SOC continuously monitors situation. 5 Authorities and References 5.1 Costa Mesa Sanitary District Operations Code 5.1.1 Chapter 18.03 — Emergencies (Refer'to ANNEX — C) 5.1.2 Section 18.03.010.- Purpose The purpose of this chapter is to provide for the preparation and carrying out of plans for the protection of persons and property within the District in the event of the emergency or disaster conditions hereafter referred to, the direction of the disaster organization; and the coordination of the disaster functions of the District with the City, County, OCSD and with all other public agencies, corporations, organizations, and affected private persons. 20 Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN 5.2 State of California 5.2.1 California Government Code, Section 3100, Title 1, Division 4, Chapter 4 States that public employees are Disaster Service Workers (DSW), subject to such disaster service activities as may be assigned to them by their superiors or by law. The term "public employees" includes all persons employed by the State or any county, city, state agency or public district, excluding aliens legally employed. The law applies when: • A local emergency has been proclaimed. • A state of emergency has been proclaimed. • A federal disaster declaration has been made. 5.3 The California Emergency Plan Promulgated by the Governor, and published in accordance with the Act and provides overall statewide authorities and responsibilities, and describes the functions and operations of government at all levels during extraordinary emergencies, including wartime. Section 8568 of the Act states, in part, that "...the State Emergency Plan shall be in effect in each political subdivision of the state, and the governing body of each political subdivision shall take such action as may be necessary to carry out the provisions thereof." Local emergency plans are, therefore, considered to be extensions of the California Emergency Plan. 6 Definitions 6.1 Incidents, Emergencies, and Disasters. 6.1.1 Incident An incident is an occurrence or event, either human- caused or caused by natural phenomena, that requires action by emergency response personnel to prevent or minimize loss of life or damage to property and /or natural resources. Incidents may result in extreme peril to the safety of persons and property and may lead to, or create conditions of disaster. Incidents may also be rapidly mitigated without loss or damage. While not yet meeting disaster level definition, larger incidents may call for managers to proclaim a "Local Emergency ". 0 21 Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN Incidents are usually a single event that may be small or large. They occur in a defined geographical area and require local resources or, sometimes, mutual aid. There are usually one to a few agencies involved in dealing with an ordinary threat to life and property and to a limited population. Usually a local emergency will not be declared and the jurisdictional EOC will not be activated. Incidents are usually of fairly short duration, measured in hours or, at most, a few days. Primary command decisions are made at the scene along with strategy, tactics, and resource management decisions. 6.1.2 Emergency The term emergency is used in several ways. It is a condition of disaster or of extreme peril to the safety of persons and property. In this context, an emergency and an. incident could mean the same thing, although an emergency could have more than one incident associated with it. Emergency is also used in Standardized Emergency Management System (SEMS) terminology to describe agencies or facilities, e.g., Emergency Response Agency, Emergency Operations Center, etc. Emergency is also used to define a conditional state such as a proclamation of "Local Emergency ". The California Emergency Services Act, of which SEMS is a part, describes three states of emergency: • State of War Emergency • State of Emergency • State of Local Emergency 6.1.3 Disaster A disaster is defined as a sudden calamitous emergency event bringing great damage, loss, or destruction. Disasters. may occur with little or no advance warning, e.g., an earthquake or a flash flood, or they may develop from one or more incidents, and e.g., a major wildfire or hazardous materials discharge. Disasters are either single or multiple events that have many separate incidents associated with them. The resource demand goes beyond local capabilities and extensive mutual aid and support are needed. There are many agencies and jurisdictions involved including multiple layers of government. There is usually an extraordinary threat to life and property affecting a generally widespread population and geographical area. A disaster's effects last over a substantial period of time (days to weeks) and local government will proclaim a Local Emergency. Emergency Operations Centers are activated to provide centralized overall coordination of jurisdictional assets, departments and. incident support functions. Initial recovery coordination is also a responsibility of the EOCs. 22 Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN 7 Response Levels 7.1 Response Levels Response levels are used to describe the type of events. Area(s) affected and extent of coordination or assistance needed, and degree of participation expected from the District. 7.1.1 Response Level 1 — Local Emergency This type of situation is managed in a normal manner from a command post at the scene. Local resources are adequate and available. Both coordination and direction are centralized: the Emergency Operations Center is not activated and Orange County Sanitation District and /or County Public Works provide necessary support, as established by the agreement for the Countywide Area Spill Control Program. District field responders coordinate via established cellular telephones, radio systems and dispatch centers. 7.1.2 Response Level 2 - Local Disaster Local resources are not adequate and mutual aid may be required on a regional or even statewide basis. A Local Emergency is proclaimed by the Cities of Costa Mesa, Newport Beach and /or the County of Orange, and a State of Emergency might be proclaimed. Several jurisdictional agencies need close coordination. The Emergency Operations Center is activated to coordinate emergency response. EOC activities may include but are not limited to: • Establishing a District -wide situation assessment function, • Establishing a District -wide public information function, • Determining resource requirements for the affected area and coordinating resource requests, • Establishing and coordinating the logistical systems necessary to support multi - incident management, • Establishing priorities for resource allocation. Direction is decentralized: Incident Command Systems are established and continue to report through agency dispatch centers. Agency dispatch centers or liaison personnel provide information to the Emergency Operations Center. 23 • • Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN 7.1.3 Response Level 3 - Major Disaster District and other local resources are overwhelmed, and the District request the Cities of Costa Mesa, Newport Beach and /or the County of Orange declare a State of Emergency because extensive outside resources are required. A Local Emergency and a State of Emergency are proclaimed, and a Presidential Declaration is requested. The emergency operation is centralized. The EOC is activated and all coordination and direction activities are done from there. There may be several incidents and the managers of each incident would, as much as possible, report to and receive direction from the EOC. During war, a Statewide Emergency Management System will be fully activated and the State will coordinate emergency operations from Sacramento. 8 EMERGENCY PHASES 8.1 General Information Regarding Emergencies Some emergencies will be preceded by a build -up or warning period, providing sufficient time to war the population and implement mitigation measures designated to reduce loss of life and property damage. Other emergencies occur with little or no' advance warning, thus requiring immediate activation of the emergency operations plan and commitment of resources. All employees must be prepared to respond promptly and effectively to any foreseeable emergency, including the provision and use of mutual aid. Emergency management activities during peacetime and national security emergencies are often associated with the phases indicated below. However, not every disaster necessarily includes all indicated phases. 8.1.1 Mitigation Phase Mitigation is perhaps the most important phase of emergency management. However, it is often the least used and generally the most cost effective. Mitigation is often thought of as taking actions to strengthen facilities, abatement of nearby hazards, and reducing the potential damage either to structures or their contents. While it is not possible to totally eliminate either the destructive force of a potential disaster or its effects, doing what can be done to minimize the effects may create a safer environment that will result in lower response costs, and fewer casualties. 24 • Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN 8.1.2 Preparedness Phase The preparedness phase involves activities taken in advance of an emergency. These activities develop operational capabilities and responses to a disaster. Those identified in this plan as having either a primary or support mission relative to response and recovery should review Standard Operating Procedures (SOPs) and checklists that detail personnel assignments, policies, notification procedures, and resource lists. Personnel should be acquainted with these SOPs and checklists and periodically should be trained in activation and execution. 8.1.3 Response Phase • Pre- Impact: Recognition of the approach of a potential disaster where actions are taken to save lives and protect property. Warning systems may be activated and resources may be mobilized, EOCs may be activated and evacuation may begin. 10 • Immediate Impact: Emphasis is placed on saving lives, controlling the situation, and minimizing the effects of the disaster. Incident Command Posts and EOCs may be activated, and emergency instructions may be issued. • Sustained: As the emergency continues, assistance is provided to victims of the disaster and efforts are made to reduce secondary damage. Response support facilities may be established. The resource requirements continually change to meet the needs of the incident. 8.1.4 Recovery Phase Recovery is taking all actions necessary to restore the area to pre -event conditions or better, if possible. Therefore, mitigation for future hazards plays an important part in the recovery phase for many emergencies. There is no clear time separation between response and recovery. In fact, planning for recovery should be a part of the response phase. s 25 Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN 9 EMERGENCY PROCLAMATIONS 9.1 Local Emergency If District resources are inadequate and mutual aid is required, the General Manager may request a local emergency. be declared by the Cities of Costa Mesa, Newport Beach and /or the County of Orange. The declaration of a Local Emergency provides municipalities and counties the legal authority to: • Request that the Governor declare a State of Emergency • Exercise full power to provide mutual aid to any affected area in accordance with local ordinances, resolutions, emergency plans, or agreements. • Request state agencies and other jurisdictions to provide mutual aid. • Require the emergency services of any local official or employee. • Conduct emergency operations without incurring legal liability for performance, or failure to perform. (Note: Article 17 of the Emergency Services Act provides for certain privileges and immunities.) 9.2 State of Emergency A State of Emergency may be declared by the Governor when: • Conditions of a disaster or extreme peril exist that threaten the safety of persons and property within the state caused by natural or man -made incidents. • The Governor is requested to do so by local authorities. • The Governor finds that local authority is inadequate to cope with the emergency. • When the Governor declares a State of Emergency: • Mutual aid shall be rendered in accordance with approved emergency plans when the need arises in any city or county. The Governor shall, to the extent deemed necessary,, have the right to exercise all police power vested in the State by the Constitution and the laws of the State of California within the designated area. • Jurisdictions may command the aid of citizens as deemed necessary to cope with the emergency. The Governor may suspend the provisions of orders, rules, or regulations of any state agency, any regulatory statute, or statute prescribing the procedure for conducting state business. • The Governor may commandeer or make use of any private property or personnel (other than the media) in carrying out the responsibilities of the office. • The Governor may promulgate, issue, and enforce orders and regulations deemed necessary. 26 Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN 9.3 State of War Emergency When the Governor declares a State of War Emergency or a State of War Emergency exists, all provisions associated with a State of Emergency apply, plus: • All state agencies and political subdivisions are required to comply with the lawful orders and regulations of the Governor that are made or given within the limits of the Governor's authority as provided for in the Emergency Services Act. • 27 ® Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN 10 HAZARD VULNERABILITY ASSESSMENTS /RISK ANALYSES 10.1 Hazard Risks The Costa Mesa Sanitary District recognizes that the planning process must address each hazard that threatens the District. The District is vulnerable to several threats. There are three broad categories of hazards: natural, technological or man -made and national security. The Costa Mesa Sanitary District, with its large population. in an urban area, is subject to several negative impacts from natural and technological hazards. The natural hazards and technological or man -made hazards that'confront the Costa Mesa Sanitary District are as follows: • Natural Hazards • Earthquakes • Floods • Tsunami • Technolouical and Man -made Hazards • Sanitary Sewer Overflow Major vehicle accident • Airplane crash • Terrorism A hazard matrix that outlines each of these hazards and identifies their likelihood of occurrence and its severity is listed on the next page. 28 Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN Likelihood of Occurrence Severity 29 • • L' x x Earthquake X Earthquake M<5 X X X X Floods X X X Tsunami Sanitary Sewer x X X X Overflow Major Vehicle X X X Accident X X X X Airplane Crash X X X Terrorism 29 • • L' r1 U Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN 10.2 Geology and Seismic Hazards 10.2.1 Earthquakes As with most places in . California, Costa Mesa is subject to hazards from seismic activity. The most notable fault near Costa Mesa is the Newport- Inglewood -Rose Canyon fault. This fault is considered an active fault as evident to a recent micro earthquake with a magnitude of 2.7 occurring on April 19, 2010. In 1933, a 6.4 magnitude earthquake occurred on the Newport- Inglewood fault killing more than 100 people, mostly in Long Beach. According to scientists, the Newport- Inglewood fault is capable of producing a 7.5 earthquake. An event that size could cause catastrophic damages to the District sewer pipelines and pumping stations. Other faults that are close proximity to Costa Mesa and would have a severe impacts to the District include the Whittier fault, Elsinore fault zone, Chino fault, Redondo Canyon fault, Palos Verdes fault zone, and the San Jacinto fault zone. EARTHQUAKE SIZE DESCRIPTIONS 30 . Minor Earthquake 1 to 3.9 Only observed instrumentally or felt only near the epicenter. Surface fault movement is small or does Small Earthquake 4 to 5.9 not occur. Felt at distances of up to 20 to 30 miles from the epicenter. May cause damage. Moderate Earthquake 6 to 6.9 Moderate to severe earthquake range; fault rupture probable. Major Earthquake 7 to 7.9 Landslides, liquefaction and ground failure triggered by shock waves. Damage extends over a broad area, Great Earthquake 8+ and Greater depending on magnitude and other factors. 30 . Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN 10.3 Flooding Flooding is a serious concern in Costa Mesa. December through March is typically the wet months of the year for Costa Mesa. The City of Costa. Mesa has several streets that will flood during 50 to 100 year storms. The flooding is due to insufficient storm drain capacity and /or hydrology. Flooding of.streets results the inflow of water into the CMSD sanitary sewer system which will inundate the sewer system and cause overflows. The following streets have a history of flooding during heavy rain storms: • Mission /Mendoza • Wilson west of Harbor • Hanover Drive • 17"' and Pomona • Fairview channel in Fairview Park • Kenwood and 18th Street • Anaheim and 19"' Street • Arlington /Junipero • Newport Alley, between Wilson and 23`d Street (east of Newport) • State /American • Avodcado /College • Concord Street, east of Jefferson • Harbor /Fair • Johnson 0 10.4 Tsunami Emergency 0 Tsunamis, also known as seismic sea waves, are a series of enormous waves created by an underwater disturbance such as an earthquake, landslide; volcanic eruption, or meteorite. A tsunami can move hundreds of miles per hour in the open ocean and smash into land with waves as high as 100 feet or more. In 2004, a tsunami killed more than 200,000 people in Indonesia and other countries. A disaster on that scale is not considered likely in Southern California, owing to the distance from faults and resulting time for evacuations. While the threat of a tsunami impacting the District is minimal, a large tsunami could impact the water levels in the Upper Newport Bay, which may flood areas of Santa Ana Heights. 10.5 Sanitary Sewer Overflows When a Sanitary Sewer Overflow (SSO) occurs, raw sewage may be released into city streets, properties, rivers, and the ocean. SSOs are illegal and often constitute a serious environmental and public health threat. Most SSOs are associated with wet weather conditions, when sanitary sewer systems receive storm water in -flow or infiltrating groundwater. The SSOs may occur during extreme hydrologic events in many separate sanitary sewer systems, even though systems are intended to collect and contain all the sewage that flows into them. When SSOs happen frequently in any given system, then the system is not functioning properly, and chronic problems must be addressed to eliminate the SSOs. 0 31 Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN Problems that may cause chronic SSOs include too much infiltration and inflow into the sanitary system from groundwater infiltrating through cracks; rain water into the sanitary system from insufficient storm drains; undersized sanitary systems with sewers and pumps that are too small to carry all the sewage; system failures due to tree roots growing into the sewer, sections of sewer pipe settling or shifting so that pipe joints no longer match, or sediment and other material building -up causing blockages; equipment and pump failures; and power failures. Total sewage flow from the District is 13.8 million gallons per day. Of particular concern are the force mains. Force mains are the pressure sewer lines from the low -lying pumping stations to the outlet manholes located at a higher grade. The District has 20 pumping stations, and therefore, 20 force mains. Also located within the District are approximately 18 private pumping stations. 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, which create a greater risk to public health and the environment. For instance, should a five minute spill occur from a break in the Irvine pumping station force main, the spill would total 7,500 gallons. This volume is far above a typical gravity sewer spill volume. Implementing best management practices for maintaining and replacing force mains will reduce the likelihood of an SSO. A coordinated clean -up effort from other agencies will be required if a force main SSO occurred in the District. 10.6 Major Vehicle Accident The District has 20 pumping stations. Some of these pumping stations are located adjacent to streets and intersections that experience heavy traffic volume. These pumping stations are vulnerable to being struck by a vehicle. Such was the case for the 23rd Street pumping station. If a pumping station is struck by vehicle and disrupts the station's power and/or operations, the District will have a short window of opportunity to find another power source (e.g. mobile generator) and /or redirect the sewage before an SSO occurs. The District should take necessary protection measures to ensure the pumping stations experience limited damages if struck by a vehicle. For example, concrete bollards can be placed near pumping stations. 32 Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN 10.7 Airplane Crash John Wayne Airport is the only commercial service airport in Orange County. It is located between the Cities of Costa Mesa, Irvine and Newport Beach. John Wayne Airport averages 242,954 takeoffs and landings every year making it one of the busiest medium sized airports in the country. Because the takeoff pattern is close proximity to District boundaries, an airplane crash, although the likelihood is minimal, could impact and disrupt District services. 10.8 Terrorism Event According to the FEMA publication Principal Threats Facing Communities and Local Emergency Management Coordinators, most terrorist activities are bombing attacks. Principal targets include military personnel and facilities, commercial establishments, and federal govemment buildings and property. However, the threat of Orange County Sanitation District's (OCSD) wastewater treatment plants and ground water replenishment system should not be taken lightly. If the plants at OCSD were disrupted by a terrorism event it would have a significant impact on the District because there will be no place to transport District sewage for treatment. 11 EMERGENCY OPERATIONS PLAN MAINTENANCE 11.1 Emergency Operations Plan Maintenance The Costa Mesa Sanitary District's Emergency Operations Plan is designed for efficient update and additions. The responsibility of maintaining the document is assigned to the Director of Emergency Services (General Manager). The Director of Emergency Services, or his /her designee, will conduct a thorough review of the plan annually. Updates shall be distributed every year as needed or when there are significant changes. This Plan is a management tool. It supports, and is integrated with, District operations. Sections of the Plan can be easily updated with minor modifications when there are changes to the District organization, systems and /or new functional positions are added. It does not need to be updated every time procedures change. • Individuals with emergency assignments are to review their procedures and related information after every activation; either simulated in drills or as an actual response. Individual Checklists are to be revised as needed. Additionally, individual users are encouraged to add supplemental materials to their Sections for a complete "response ready" plan. 0 33 Costa Mesa Sanitary District i EMERGENCY OPERATIONS PLAN The Checklists are designed to be used as worksheets. New and revised Checklists can be reprinted after each activation. It is not necessary to reprint the entire document each time it is updated. The footer date should always be kept current and can include the word "Revised" to indicate the update. 11.2 Training Program This Plan is consistent with the Standardized Emergency Management System (SEMS) guidelines.. The guidelines provide standardized training modules with competency requirements for each level of activation and responsibility. The District will need to review the guidelines to identify competency requirements based on this Plan. 11.2.1 Orientation All new District employees should review the Plan upon hire, and attend field or EOC emergency training when practical. 11.1.2 SEMS Required EOC Exercises and After Action Reports • The District will conduct an EOC table top or an EOC functional exercise once a year, simulating an actual incident or disaster, as required by SEMS. This serves to practice policies, procedures and decision- making skills. The exercise may involve District staff alone, or it can be held in conjunction with other jurisdictions. These exercises are the most effective method of training for District staff. Shortly after the annual exercise, the District will prepare an After Action Report (including Corrective Actions) as required by NIMS. • In addition, should the EOC be activated for a declared emergency; the District will also prepare an After Action Report that includes Corrective Actions as required by NIMS and SEMS. All After Action Reports will indicate who is responsible for completing the Corrective Actions and when they are to be completed. These reports will be forwarded to the California Office of Emergency Services. 34 Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN SECTION 2 EMERGENCY OPERATIONS CENTER • 35 • Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN 1. EMERGENCY ORGANIZATION 1.1 Overall Emergency Structure SEMS requires that all public agencies use the five designated functions to serve as the basis for organizing emergency planning and response. The Costa Mesa Sanitary District's emergency response organization is based on these functions. 2. EMERGENCY OPERATIONS CENTER (EOC) 2.1 Explanation of the EOC The Emergency Operations Center (EOC) is the location from which centralized management of an emergency response is performed. The use of EOCs is a standard practice in emergency management. The Director of Emergency Services and key decision - making personnel operate from the EOC during the emergency response, establishing policy and priorities. It serves as the central point for information gathering, processing, and dissemination; coordination of the District's emergency operations, and coordination with other agencies and the Operational Area EOC. The EOC is partially or fully activated by the Director of Emergency Services, according to the requirements of the situation. The EOC is organized according to SEMS, as noted earlier in this plan. The Director of Emergency Services and the Section Chiefs serve as the EOC management team, along with the Public Information Officer, Facility Manager /Safety Officer, and Liaison Officer. It is recommended that the EOC be configured as closely as possible to the diagram listed in this Section.. However, in the event of a disaster where the District Headquarters is not accessible, this location may be moved at the discretion of the Director of Emergency Services. g Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN Director of Emergency Services Operations Planning/Intelligence Logistics Section Chief Finance /Administration Section Chief I I Section Chief I I I I Section Chief Maintenance and Operations Situation Status Unit Supplies Unit Compensation & Claims Unit Unit Resource Status Unit I I Personnel Unit I I Cost Unit Damage Assessment Unit Care and Shelter Unit Time Unit Documentation Unit I I Transportation Unit Utilities Unit 37 0 0 0 LJ 0 Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN This page is intentionally left blank 38 • Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN 2.2 EOC Positional Definitions DIRECTOR OF EMERGENCY SERVICES From the EOC, the Director of Emergency Services constantly assesses the situation and knows what resources are available. He /she determines strategy for implementing the plan to handle the incident, and monitors how well (or poorly) the plan is working. Adjustments to the plan can be made to meet the realities of the situation. In addition, he /she makes sure that the response is being fully documented for legal and financial reasons. The Director of Emergency Services coordinates all response activities through the section chiefs, and keeps the Board of Directors informed of the progress and strategies being implemented during the response. Continuity and efficiency require that the Director of Emergency Services be in the EOC (or in close 'proximity) throughout the response. The CMSD Director of Emergency Services will also serve as the Public Information Officer (PIO) responsible for disseminating information to the media and making public statements. PUBLIC INFORMATION OFFICER (PIO) The PIO is authorized to speak for the District as directed by the Director of Emergency Services. If an immediate response from the District is required and the PIO is not accessible, the Board President or a Board of Director should prepare a statement. LIAISON OFFICER Direct representative of. the Director of Emergency Services, the Liaison is the conduit for information flow between the District and other jurisdictions. During an emergency, the Liaison must be available to the Director of Emergency Services at all times. Also serves as the point of contact for assisting and cooperating with agency representatives (OCSD, City of Costa Mesa, Caltrans, WEROC). EOC FACILITY MANAGER/SAFETY OFFICER Responsible for maintaining the EOC in operational order by procuring and repairing equipment, and obtaining supplies as needed. Also, the Facility Manager / Safety Officer identifies and anticipates EOC hazards or unsafe conditions. This includes situations created as a result of or directly influenced by the event. Develops and recommends measures to ensure personnel safety. LEGAL OFFICER The Legal Officer is the District Counsel or his /her designate. The Legal Officer provides advice to the Director of Emergency Services in all legal matters relating to the emergency. 39 Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN OPERATIONS SECTION CHIEF The Operations Section Chief is responsible for coordinating the Maintenance and Operational Unit. The Operations Chief is responsible for activating the operations element of the Action Plan. Maintenance & Operations Unit The Maintenance & Operations Unit is responsible for maintaining the District's infrastructure and related services, as vyell as restoring those damaged or destroyed. This unit will evaluate the sewer mainline, pump stations and District buildings. PLANNING AND INTELLIGENCE SECTION CHIEF The Planning and Intelligence Section is managed by the Planning and Intelligence Section Chief, who is responsible for the collection, evaluation, documentation, and dissemination of incident information in the EOC. Also, the Planning and Intelligence Section Chief is responsible for preparation of the Action Plan and the After Action Report. • Situation Status Unit Gathers information and displays it in the EOC. Makes predictions and provides other information. Works with other sections to set priorities and .plan strategy. Tracks • personnel, equipment and supplies but does not actually provide these. Resource Status Unit The Resource Status Unit receives, records, and passes on information relating to resources already in place, resources requested but not yet on scene, and estimates of future resource needs. This unit cooperates closely with the Operations Section (to determine resources currently in place and resources needed) and with the Logistics Section (to order additional resources). The Resource Status Unit also posts and keeps current. all information on the resource status display boards and maps in the Emergency Operations Center. Damage Assessment Unit The Damage Assessment Unit collects damage information and prepares a damage assessment report for the Director of Emergency Services and other people and agencies that need damage information. Documentation Unit The Documentation Unit maintains files and copies of all EOC messages; maintains and stores all documents relating to the emergency; maintains the official history of the emergency; assists in preparation of situation summaries and damage assessment reports; provides duplication services as required; prepares an AFTER ACTION REPORT at the deactivation of the EOC. • all Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN LOGISTICS SECTION CHEIF The Logistics Section Chief is responsible for all the services and support needs of the event. This includes procuring and maintaining essential personnel, facilities, transportation, equipment and supplies. Supplies Unit The Supply Unit is under the direction of the Logistics Chief and is prima rily,responsible for ordering, receiving, .inventory, storage and distribution of supplies for the incident; and servicing non - expendable supplies and equipment. Personnel Unit Assigns employees and volunteers to the response effort and organizes. assistance coordinated through the District EOC. Provides staff support as needed. Care and Shelter Unit Provides for the food, clothing and shelter needs for victims of the emergency; and for District employees and their families if needed. Also, establishes a central name registration for displaced and sheltered citizens. • Transportation Unit Coordinates . the allocation of transportation resources required to move people, equipment and essential supplies. Coordinates the maintenance of all District owned equipment and agencies assisting the District. Utilities Unit The Utilities Unit Leader, under the direction of the Logistics Chief, is responsible for providing emergency power, natural gas, water, and waste management for the EOC. The Utilities Unit Leader will coordinate with County OES and other appropriate utility agencies as required. FINANCE AND ADMINISTRATION SECTION CHIEF Provide advice and . support to Director of Emergency Services regarding financial issues; insure that adequate records are maintained to support requests for State and federal assistance; track time worked by all emergency personnel involved in the incident; provide cost analysis and projections. Compensation & Claims Unit The Compensation and Claims Unit manages all legal claims for compensation filed against the District. It advises the Director of Emergency Services in areas of claims for bodily injury and property damage compensation presented to the District. 41 Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN Cost Unit The Cost Unit leader is responsible for collecting all cost data, performing cost effectiveness analyses, providing cost estimates, and cost saving recommendations for the incident. Time Unit The Time Unit maintains records of all personnel time worked at the emergency, which includes all volunteers that may or may not be previously registered as Disaster Service Workers. • 0 42 • • Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN 2.3 Emergency Operations Center Diagram *** EOC Diagram to be Inserted*** 43 Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN 2.4 EOC Activation and Set -Up Procedure ❑ Check in with EOC Director to determine level of EOC activation. ❑ Set up conference table according to the EOC set up diagram. A full scale set up of the EOC may not be necessary. ❑ EOC supplies are kept in the storage room adjacent to the downstairs restroom. ❑ Tape sign in sheet to the front door of the conference room. Make a sign in sheet if you can't find one. ❑ Turn on the laptops at the staff table and the large screen projector. ❑ Turn on televisions to initially monitor news reports. ❑ Have radios turned on and communicating with area EOC's such as the City of Costa Mesa, City of Newport Beach, OCSD, Mesa Consolidated Water District, Water Emergency Response Organization of Orange County (WEROC). ❑ Have easel with flip charts and pens set up in the conference room. 44 1] • • • Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN 2.5 When the EOC is activated Activation of CMSD's EOC means that at least one District official implements SEMS as appropriate to the scope of the emergency and the District's role in response to the emergency. The District EOC is activated when routine use of resources needs support and /or augmentation. The official implementing SEMS may function from the EOC, or from other locations depending on the situation. Activated EOCs may be partially or fully staffed to meet the demands of the situation. The District maintains four EOC staffing levels that can be applied to various situations. Activation criteria are as follows: 45 Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN 46 • C 0 1. No potential severe weather 1. Monitor regional 1. No to minimal staff 1. No Action weather forecasts, in normal operations 0 2. No power failure SCADA system, and planned outages. 3. No mechanical problems with pump stations 4. No increasing probability of hazard 1. Severe weather watch is issued 1. Continuous 1.. Basic support 1. EOC Section monitoring of event staff or as Chiefs review Plan 2. Power outage is planned determined by the and Guidelines and 2. Check and update DES check readiness of 3. Situational conditions warrant all resources staff and resources 1 4. Small incident involving one 3. Distribute status pump station or one mainline and analysis to staff 5. Earthquake advisory 4. Receive briefing from field staff 6. Flood watch 7. Tsunami watch 1. Severe weather warning 1. Continuous 1. Staff as 1. Briefings to issued monitoring of situation warrants Board of Directors event and communicate 2. Moderate earthquake with other 2. EOC begins full 2. Initiate EOC agencies as operations 2 3. Incidents involving 2 or more start-up checklist necessary pump stations or mainline 3. Facilitate field 2. Primary staff will 4. Moderate SSO staff be available and check -in regularly 5. Tsunami warning issued 4. Provide status update to staff 1. Major SSO 1. Brief staff on 1. As determined 1. As situation current condition by the DES warrants 2. Major earthquake 2. Facilitate EOC 2. EOC essential 3 3. Several pump station failures staff and necessary staff 4. Incidents occurring involving heavy resources involvement 5. Situation conditions warrant 46 • C 0 Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN 2.6 EOC Closeout Checklist ❑ Notify appropriate agencies and individual sites that EOC is being closed. ❑ Collect data, logs, situation reports, message forms, and other significant documentation. Place in a secure file box. Mark the. outside with the date and any state or federal numbers associated with the response. ❑ Deliver the information to the Finance Section Chief. ❑ Fold and repack re- usable maps, charts, materials. ❑ Collect and box all office supplies and unused forms. ❑ Make a list of all supplies that need replacement and forward to the Logistics Section Chief. ❑ Return vest and identification credentials. ❑ Log out. ❑ Leave the Board Conference Room in good order. 47 Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN SECTION 3 EMERGENCY OPERATIONS CENTER POSITIONAL CHECKLISTS 48 • Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN Management Section Director of Emergency Services Responsible for the overall management of the incident through its completion or until officially relieved of command. Oversees the development and implementation of strategic decisions, and approves ordering and release of resources. Has complete authority and responsibility for conducting the overall operation. Action Checklist ❑ Identify: yourself as the Director of Emergency Services. ❑ Read this entire checklist. ❑ Obtain a briefing on the extent of the emergency and recommended initial objectives from your Management (Operations, Planning and Intelligence, Logistics' and Finance Chiefs.) ❑ Depending on the type of the incident and the information available, order partial or full activation of the EOC. ❑ Determine if all key personnel or alternates are in the EOC or have been notified. ❑ Brief Section Chiefs; appoint alternates as necessary. ❑ Ensure Section Chiefs and their staff members possess and utilize CHECKLISTS. ❑ Assess the situation, develop an overall strategy with the Management Staff and establish emergency response objectives and priorities. ❑ Establish contacts with the media and provide whatever assistance is required. ❑ Establish an Information Center for the media. Schedule regular briefings. Post briefing schedule. ❑ Establish separate voice mail telephone hotlines for media and public use. Update regularly ❑ Determine the need for evacuation. If evacuation is required, ensure media passes specific evacuation instructions. ❑ Consider requesting a local emergency from the Cities of Costa Mesa, Newport Beach and/or the County of Orange. 49 Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN Director of Emergency Services (Continued) ❑ Establish the frequency of briefing sessions for EOC staff. ❑ Establish operational work periods for all Emergency Operations Center and field personnel. ❑ Advise Section Chiefs to plan for relief personnel. ❑ Direct Section Chiefs to maintain appropriate Unit Logs, charts, and records. ❑ Direct Section Chiefs to provide section situation reports prior to the end of each operational period or as needed for the completion of the INCIDENT ACTION PLAN by the Planning Section Chief. ❑ Review and approve the INCIDENT ACTION PLAN developed by the Planning Chief with the assistance of the Command Staff. Ensure proper distribution of the Action Plan. ❑ Ensure that proper warning has been given to affected areas, agencies or facilities. ❑ Release news and information. Post the information in the EOC and Media Center. Ensure that field units receive copies of all releases. ❑ In the case of a multi - jurisdictional event, coordinate the release of public information through a Joint Information Center (JIC). ❑ Arrange for escort and briefing service for the media and VIPs. ❑ Schedule expert speakers for media briefings. ❑ Monitor television and radio transmissions. ❑ Issue warnings about unsafe areas, structures, and facilities. ❑ Ensure that assessments are made for mutual aid requirements and that requests for such aid are made promptly to the County. ❑ If there is little or no damage to the District, prepare to provide mutual aid to the County and neighboring jurisdictions. • 50 • Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN Director of Emergency Services (Continued) ❑ Complete a MANAGEMENT SECTION SITUATION REPORT at the end of operational period or prior to shift change. Provide copy to your relief and to the Planning Documentation Unit. ❑ Keep the Board of Directors, Cities and County informed of all major problems and decisions. ❑ Maintain a MANAGEMENT SECTION LOG noting messages received; decisions made and actions taken. ❑ Ensure that an AFTER ACTION REPORT is completed by the Documentation Unit at the deactivation of the EOC, and that Corrective Actions are noted, including who is responsible for the actions and when they are to be completed. The Director is to ensure that the Corrective Actions are completed by whom they were assigned, and that they are completed in the time allocated in the report. 51 Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN Public Information Officer Responsible for the formulation and release of information about the event, as well as the point of contact for news media and other appropriate agencies and organizations. Action Checklist ❑ Identify yourself as the Public Information Officer. ❑ Read this entire checklist. ❑ Obtain a briefing from the Management Staff. ❑ Assess the situation. ❑ Prepare an initial information summary as soon as possible after arrival. ❑ Observe constraints on the release of all information imposed by the Director of Emergency Services. ❑ Establish contacts with the media and provide whatever assistance is required. ❑ Establish an Information Center for the media. Schedule regular briefings. Post briefing schedule. ❑ Establish separate voice mail telephone hotlines for media and public use. Update regularly. ❑ Contact PIO'S from other jurisdictions. ❑ Gather and disseminate instructions, warnings, and announcements. ❑ Release news and information. Post the information in the EOC and Media Center. Ensure that field units receive copies of all releases. ❑ In the case of a muliti- jurisdicational event, coordinate the release of public information through a Joint Information Center (JIC). ❑ Arrange for escort and briefing service for the media and VIPs. ❑ Attend all EOC briefings and Management Staff meetings. Update information releases. ❑ Schedule expert speakers for media briefings. ❑ Monitor television and radio transmissions. ❑ Issue warnings about unsafe areas, structures, and facilities. 52 • • Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN Public Information Officer (Continued) ❑ Issue special information releases addressing rumors. Identify them as such, and provide correct information, if available. ❑ Provide information to the public on available transportation routes, closures, etc. ❑ Release an official list of assistance centers and shelter sites. ❑ Ensure that announcements and information are translated for special populations. ❑ Maintain a log noting messages received; releases published; interviews granted; and other activities. Maintain record of personnel on duty. ❑ Complete an AFTER ACTION REPORT that should include a brief overview of support provided during the operation and suggested Corrective Actions to improve operations. Use the following format: • Issue • Corrective Action • Assigned to and due date for completion 53 Costa Mesa Sanitary District - - EMERGENCY OPERATIONS PLAN EOC Facility Manager / Safety Officer Responsible for maintaining the EOC in operational order by procuring and repairing equipment, and obtaining supplies as needed. Also, the Facility Manager / Safety Officer identifies and anticipates EOC hazards or unsafe conditions. This includes situations created as a result. of or directly influenced by the event. Develops and recommends measures to ensure personnel safety. Action Checklist ❑ Identify yourself as EOC Facility Manager / Safety Officer. ❑ Read this entire checklist. ❑ Contact the Director of Emergency Services to determine status of EOC needs. ❑ Assist in setting up EOC if required. ❑ Contact other Section Chiefs for each unit's specific needs. ❑ Obtain assistance from District staff as needed. ❑ Procure EOC supplies as needed. . ❑ Repair EOC equipment as needed. ❑ Insure EOC security through the Law Enforcement, making sure all personnel have proper identification. ❑ Assist Section Chiefs as required. ❑ Establish contact with all EOC sections, advising personnel to notify you of unsafe working conditions. ❑ Work with Logistics Section to obtain needed safety equipment for field and EOC personnel (ex: gloves, hard hats, flashlights, reflective vests, etc.) ❑ Record and advise Director of Emergency Services of unsafe working conditions you have been unable to resolve. ❑ At the conclusion of the event, insure that the EOC is re- stocked and all equipment is in proper working order. ❑ Complete an AFTER ACTION REPORT to include a brief overview of support provided during the operation and suggested Corrective Actions to improve operations. Use the following format: • Issue • Corrective Action • Assigned to and due date for completion 54 Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN Liaison Officer Acts as point of contact for personnel who have been assigned to the event response from assisting or cooperating agencies. This may. include, but is not limited to OCSD, neighboring cities, Water Districts, WEROC, etc. Ensures that these people are informed and involved in the event response. Action Checklist ❑ Identify yourself as the Liaison Officer. ❑ Read this entire checklist. ❑ Obtain a briefing on the extent of the emergency and recommended initial objectives from the EOC Director. ❑ Maintain a Unit Log noting messages received; decisions made and actions taken. ❑ Be a point of contact for other Agency Representatives. ❑ Maintain a list of assisting and cooperating agencies and Agency Representatives. ❑ Assist in establishing and coordinating interagency contacts. ❑ Keep agencies supporting the incident aware of event status. ❑ Monitor incident operations to identify current or potential inter - organizational problems. ❑ Participate in planning meetings, providing current resource status, including limitations and capability of assisting agency resources. ❑ Assign assistants as needed. ❑ Complete an AFTER ACTION REPORT that should include a brief overview of support provided during the operation and suggested Corrective Actions to improve operations. Use the following format: • Issue • Corrective Action • . Assigned to and due date for completion • 55 Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN Legal Officer The Legal Officer is the District Counsel or his /her designate. The Legal Officer provides advice to the Director of Emergency Services in all legal matters relating to the emergency. Action Checklist ❑ Identify yourself as the Legal Officer. ❑ Read this entire checklist. ❑ Obtain a situation briefing on the extent of the emergency from the Director of Emergency Services. ❑ Monitor response effort and advise Director of Emergency Services regarding liability exposures and protection against such exposures. ❑ Provide advice and prepare draft documents. ❑ Brief relieving staff upon arrival. i ❑ Maintain a log noting messages received; decisions made; actions taken; and personnel on duty. ❑ Complete an AFTER ACTION REPORT that should include a brief overview of support provided during the operation and suggested Corrective Actions to improve operations. Use the following format: • Issue • Corrective Action • Assigned to and due date for completion • 56 Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN Operations Section Operations Section Chief Responsible for the management of all tactical operations directly applicable to the primary mission. Coordinates the emergency operation units. Activates and supervises the organizational elements in accordance with the Incident Action Plan. Action Checklist ❑ Identify yourself as the Operations Section Chief. ❑ Read this entire CHECKLIST. ❑ Obtain a briefing from the Management Staff. ❑ Evaluate the field conditions associated with the emergency. Determine the resources committed and coordinate with Situation Analysis. Develop a briefing with the Director of Emergency Services. ❑ Direct Operations Unit Leader to maintain up-to -date INCIDENT CHARTS, INCIDENT REPORTS and Unit specific maps. ❑ Ensure that Unit Leaders complete a SITUATION. REPORT at end of each operational period. ❑ Assist the Planning and Intelligence Chief in the development of the ACTION PLAN. ❑ Assign and brief Operations personnel on the ACTION PLAN. ❑ Supervise Operations related response. ❑ Coordinate the activities of all departments and agencies involved in the operations. ❑ Determine needs and request more resources when necessary. ❑ Establish communications with affected areas. ❑ Assign specific work tasks to various units of the Section as required. Ensure Operations Unit. Leaders and personnel possess and utilize CHECKLISTS. ❑ Ascertain what resources are committed. Coordinate further needs with the Logistics Section Chief. 41 ❑ Receive, evaluate, and disseminate emergency operational information. 57 Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN Operations Section Chief (Continued) ❑ Determine the need for additional resources; make a recommendation to the Director of Emergency Services. ❑ Establish and maintain staging areas for operations related equipment and personnel. ❑ Establish field communications with affected areas, using interoperable systems as available. ❑ Coordinate resource needs with the Logistics Section Chief. ❑ Receive, evaluate, and disseminate information relative to the operation of the emergency. ❑ Provide all relevant emergency information to the Director of Emergency Services. • ❑ Maintain an OPERATIONS SECTION LOG noting messages received, decisions made, actions taken, and other activities. Maintain a record of personnel on duty. 0 ❑ Complete an AFTER ACTION REPORT to include a brief overview of support provided quring the operation and suggested Corrective Actions to improve operations. Use the following format: • Issue • Corrective Action • Assigned to and due date for completion • 58 • Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN Maintenance & Operations Unit Leader The Maintenance & Operations Unit is responsible for maintaining the District's infrastructure and related services, as well as restoring those damaged or destroyed. This unit will evaluate the sewer mainline, pump stations and District buildings. Action Checklist ❑ Identify yourself as Maintenance & Operations Unit Leader. ❑ Read this entire CHECKLIST. ❑ Obtain a briefing on the extent of the emergency from the Operations Section Chief. ❑ Check the status, availability, and deployment of District equipment. ❑ Check telephones and radios. Request repair or augmentation from the Logistics Section. ❑ Establish Maintenance & Operations Unit for extended operations. Prepare to organize and use emergency contractors. ❑ Insure that all District sewer mainline, pump stations and buildings are being checked for damage and problems. ❑ If appropriate, move district vehicles and equipment to open areas to avoid damage from aftershocks after earthquakes. ❑ Contact all field units and utilities for status, special problems, and availability to respond. Advise Operations Chief.and Planning and Intelligence Section of major problems and general situation. ❑ Contact utilities and other local agencies for status, special problems, and availability to respond. ❑ Advise Director of Emergency Services of road closures. ❑ Maintain a map record of all major sanitary incidents and commitments. ❑ Coordinate provision of in- county sanitary mutual aid for priority problems. ❑ Check with the other Operations Section units for a briefing on the status of the emergency. 59 Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN Maintenance & Operations Unit Leader (Continued) ❑ Establish contact with the County Public Works and OCSD Coordinators and advise of situation. ❑ Assess the situation and determine the following: • Location and nature of major pump station problems • Approximate number of gallons of SSO • Response already underway • Best response routes • Staging Area locations • Availability of other resources ❑ Update and brief the Operations Chief on sanitary Issues. • ❑ Arrange for the feeding and sheltering of District personnel though the Care and Shelter Unit of the Logistics Section. ❑ Maintain a log noting messages received, decisions made, actions taken, and other activities. ❑ Maintain a record of personnel on duty. ❑ Complete an AFTER ACTION REPORT to include a brief overview of support provided during the operation and suggested Corrective Actions to improve operations. Use the following format: • Issue • Corrective Action • Assigned to and due date for completion • A( 0 Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN Planning and Intelligence Section Planning & Intelligence Section Chief Responsible for the collection, evaluation, dissemination and use of information bout the development of the incident and the status of resources. Information and intelligence are needed to (1) understand the current situation, (2) predict probable course of incident events, and (3) prepare alternative strategies to control operations for the incident. Action Checklist ❑ Identify yourself as the Planning and Intelligence Section Chief. ❑ Read this entire checklist. ❑ Obtain a briefing on the extent of the emergency from communications or other members of the Management Staff and coordinate any specific requirements from the Director of Emergency Services. ❑ Confirm that all key Planning and Intelligence Section personnel or alternates are in the EOC or have been notified. Request additional staff from Logistics Section as needed. ❑ Activate, and direct Planning and Intelligence Section Units and ensure Section log is maintained. ❑ Direct Situation Status Unit Leader to initiate collection and display of significant disaster events to include a weather collection system when necessary. ❑ Direct Documentation Unit Leader to initiate collection and display of disaster information and to activate the EOC Message Center. ❑ Insure internal coordination between Unit Leaders. ❑ Direct Situation Status Unit Leader to prepare a briefing on the disaster, resources applied and resources available, or en route for application. ❑ Insure that situation maps and related charts are available and posted with current information. ❑ Assess the impact of the emergency on the District including the initial damage assessment by the Maintenance & Operations Unit Leader. 61 • Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN Planning & Intelligence Section (Continued) ❑ Assemble information on alternative strategies. Assign assistants, as needed, to advance planning and demobilization tasks. ❑ Advise Management Staff of any significant changes in incident status. ❑ Establish information requirements and reporting schedules for all SEMS organizational elements for use in preparing the ACTION PLAN. ❑ Direct the coordination of periodic disaster and strategy plan briefings to the Director of Emergency Services, the Chiefs of other Sections, to include predictions on incident potential. ❑ Confirm that Situation Status Unit is compiling and displaying status and resource summary information. ❑ Prepare summary situation reports of the emergency for distribution at least every eight to twelve hours. ❑ Begin planning for recovery in the emergency area(s). ❑ Identify need for use of specialized resources. ❑ Prepare and distribute Director of Emergency Service's orders. ❑ Prepare recommendations for release of resources by developing a Demobilization Plan. ❑ Maintain log of all messages received and sent and all significant actions taken. Maintain record of all personnel participating and their hours on duty. ❑ Ensure that the Documentation Unit completes an AFTER ACTION REPORT, which should indicate what Corrective Actions are needed, including who is responsible for the actions and when they are to be completed. • 62 Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN Situation Status Unit Leader Responsible for collection and organization of event and situation information and displaying the information in the EOC. Action Checklist ❑ Obtain briefing and special instructions from the Planning and Intelligence Section Chief or person in charge of planning activities when you arrive. ❑ Read this entire checklist. ❑ Prepare and maintain the EOC display boards. ❑ Activate elements of the Unit, establish work area, assign duties, and ensure Unit Log is maintained. ❑ Ensure that the position has all required support items for displays. ❑ Direct collection, organization, and display status of disaster events. ❑ Ensure "human" communications pathways within the elements of the Planning Section are initiated and maintained. ❑ Ensure "human" communications pathways with information sources in other Sections are initiated, particularly the Operations Staff, and direct and maintain individual logs. ❑ Provide for an authentication process in case of conflicting status reports on events. ❑ Prepare and present an overview Situation Report, an evaluation of the disaster situation, and predictions on the course of the disaster event(s) before each planning meeting or upon request of the Planning and Intelligence Section Chief. ❑ Assist in strategy planning based on the evaluation of the disaster situation and predictions of the probable course of the event(s). ❑ Maintain Situation Unit records to include Unit Log. ❑ Complete an AFTER ACTION REPORT to include a brief overview of support provided during the operation and suggested Corrective Actions to improve operations. Use the following format: • Issue • Corrective Action • Assigned to and due date for completion I*] Costa Mesa Sanitary District - - EMERGENCY OPERATIONS PLAN Resource Status Unit Leader Responsible for documenting the current status and location of controlled resources, transportation and support vehicles. Assists the Situation Status Unit and Document Unit Leaders in strategy planning and briefing presentations. Action Checklist ❑ Identify yourself as the Resource Status Unit Leader. ❑ Obtain a briefing and special instructions from the Planning Section Chief. ❑ Read the entire checklist. ❑ Direct collection, organization, and display status of incident resources to include allocation, deployment and staging areas. ❑ Activate elements of the Unit, establish work areas, assign duties, and ensure Unit Log is maintained. ❑ Obtain necessary equipment, and supplies (status board, marking pens, cards, reporting forms, etc.). 0 ❑ Establish a check -in procedure of resources at specified incident locations. ❑ Maintain master list of all resources checked in at the incident. ❑ Provide a resources overview and summary information to Situation Unit as requested; and written status reports on resources allocations as directed by the Planning and Intelligence Section Chief. ❑ Assist in strategy planning based on the evaluation of the resources allocations, resources en route, and projected resources shortfalls. ❑ Ensure that available resources are not overlooked by the Operations Staff. ❑ Make recommendations to the Planning and Intelligence Section Chief of resources that are not deployed or should be de- activated. Develop a Demobilization Plan. ❑ Maintain a Unit Log. ❑ Complete an AFTER ACTION REPORT to include a brief overview of support provided during the operation and suggested Corrective Actions to improve operations. Use the following format: • Issue • Corrective Action • Assigned to and due date for completion 64 Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN Damage Assessment Unit Leader Responsible for inspecting the District's infrastructure and collating data to provide an assessment of the impact of the event. Action Checklist ❑ Identify yourself as Damage Assessment Unit Leader. ❑ Read entire checklist. ❑ Obtain a briefing on the extent of the emergency from the Planning and Intelligence Section Chief. ❑ Prepare to provide District damage information to the Cities of Costa Mesa, Newport Beach and County EOCs. ❑ Provide for an initial inspection of the entire District and report locations of damaged sewer mainline, pump stations and buildings. 0 ❑ Initiate request for mutual aid through the Logistics Section Chief. • ❑ - Prepare the initial damage estimate for the District. ❑ Collect, record, and total the type and estimated value of damage. ❑ Coordinate with utilities, Red Cross, and the County on damage assessment. ❑ Coordinate with the following groups for field information and Damage Assessment reports: • City of Costa Mesa • City of Newport Beach • Mesa Consolidated Water District • School District • Media Sources ❑ Maintain log of all messages received and sent and all significant actions taken. Maintain record of all personnel participating and their hours on duty. 65 Costa Mesa Sanitary District - EMERGENCY OPERATIONS PLAN Damage Assessment Unit Leader (Continued) ❑ Complete an AFTER ACTION REPORT to include a brief overview of support provided during the operation and .suggested Corrective Actions to improve operations. Use the following format: • Issue • Corrective Action • Assigned to and due date for completion • • .. Costa Mesa Sanitary District • EMERGENCY OPERATIONS PLAN Documentation Unit Leader Maintain and file a copy of all EOC messages; file, maintain and store all documents relating to the emergency; maintain the official history of the emergency; assist in preparation of situation summaries and damage assessment reports; provide duplication services as required; prepare an AFTER ACTION REPORT at the deactivation of the EOC. Action Checklist ❑ Identify yourself as the Documentation Unit Leader. ❑ Read the entire checklist. ❑ Obtain a briefing on the extent of the emergency from the Planning Section Chief. ❑ Establish incident files relating to the emergency. ❑ Che�;ic tree accuracy and completeness of records submitted for file. ® ❑ Maintain a file on all EOC messages. U ❑ Establish duplication services and provide as required (duplicate official forms, etc.) ❑ Correct any errors by checking with the appropriate EOC personnel. ❑ File, store and maintain files for legal, analytical and historical purposes. ❑ Coordinate with the units of the Planning and Intelligence Section. ❑ Maintain log of all messages received and sent and all significant actions taken. Maintain record of all personnel participating and their hours on duty. ❑ Complete the AFTER ACTION REPORT, which should indicate what Corrective Actions are needed, including who is responsible for the actions and when they are to be completed. 67 Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN Logistics Section Logistics Section Chief Responsible for all the services and support needs of the event. This includes procuring and maintaining essential personnel, facilities, transportation, equipment and supplies. Action Checklist ❑ Identify yourself as the Logistics Section Chief. ❑ Read this entire Action Checklist. ❑ Obtain a briefing on the extent of the emergency from the Management Staff. ❑ Obtain initial instructions concerning Logistics work activities /priorities. U ❑ Based on severity of emergency, and guidance on initial work activities, determine logistics unit personnel requirements. For extended operations, consideration should be • given to relief personnel. Shifts should not exceed 12 hour periods. Establish personnel schedule and rosters. ❑ Confirm that all Logistics Section members or alternates are in the EOC or have been notified. ❑ Assemble and brief Logistics Section staff. ❑ Provide summary on incident ❑ Assign work locations and preliminary work tasks to section personnel ❑ Present procedures and limitations on purchasing or expenditures ❑ Provide administrative and personnel reporting guidance ❑ Notify the Situation Status Unit of the names and locations of all assigned personnel. ❑ Review with other Section Chiefs of existing logistics resources and logistics requirements for planned and expected operations. ❑ Identify and coordinate for the procurement of additional service and support requirements of personnel, supplies and equipment to support planned and expected operations. 0 68 Costa Mesa Sanitary District. EMERGENCY OPERATIONS PLAN Logistics Section Chief (Continued) ❑ Brief and update the Director-of Emergency Services of all logistics resources and support concerns. Information that should be provided includes: • Priority logistics requirements filled /completed • Logistics shortfalls /unresolved problems • Major new problems since previous briefing • Assistance needed from other agencies and status of mutual aid • Information developed by the logistics section that should be passed to other EOC sections or to the public ❑ Assist in the initial development and review of the ACTION PLAN. ❑ Prepare Logistics statements for inclusion in the ACTION PLAN. 0 ❑ Ensure that Logistics staff have copies of ACTION PLAN. ❑ Continually coordinate with the Operations Section Chief and Planning and Intelligence. Section Chief to ensure timely and efficient logistical support. ❑ Ensure that Logistics Section staff maintain a UNIT LOG. All documents prepared by the Logistics Section should be passes to the documentation unit in the planning section at the conclusion of the emergency. At a minimum the following records should be maintained: • Messages received and transmitted •.Action Pending • Action Completed • Logistics EOC personnel and time on duty • Active Vendor Records • Non - Expendable Property Records • Expendable Property Purchase Records 0 • Facility Records 69 Costa Mesa Sanitary District - EMERGENCY OPERATIONS PLAN Logistics Section Chief (Continued) • Facility Rental Contracts /Inspection Reports • Vehicle Accident Reports • Staff Information Folder • After Action Report ❑ Maintain accountability of all logistics personnel assigned, both in the EOC and in the field. Work schedules, time sheets and casualty reports will be submitted to the human resources unit on a timely basis, but no less than once a day. ❑ Ensure for the general welfare and safety of all logistics section personnel. ❑ Establish turnover procedures and conduct shift change briefs at the end of each shift. ❑ Prior to the end of the operation obtain a demobilization plan from planning section. ❑ Prepare a LOGISTICS DEMOBILIZATION PLAN to ensure the efficient return of non - expendable property, the inventory and disposition of remaining expendable property, payment of vouchers and control of documentation. ❑ Prior to the end of the operation collect the logistics unit documentation and AFTER ACTION REPORTS. Prepare and submit a consolidated LOGISTICS AFTER ACTION REPORT to the Director of the Emergency Services. ❑ The AFTER ACTION REPORT should include a brief overview of support provided during the operation and suggested Corrective Actions to improve operations. Use the following format: • Issue • Corrective Action • Assigned to and due date for completion n 70 Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN Supplies Unit Leader The Supply Unit Leader is under the direction of the Logistics Chief and is primarily responsible for ordering, receiving, inventory, storage and distribution of supplies, for the incident; and servicing non- expendable supplies and equipment. Action Checklist ❑ Identify yourself as the Supply Unit Leader. ❑ Read this entire Action Checklist. ❑ Obtain a briefing on the extent of the emergency from the Logistics Section chief and priorities of supplies required to support emergency operations. ❑ Participate in the Logistics Section planning. ❑ Assign personnel as required to adequately staff the Supply position. Be prepared for manual operations. . ❑ Provides administrative supplies as required to the Management, Operations, Planning and Intelligence, Logistics, and Finance Sections. • ❑ Prepare inventory of all warehoused supplies. Research the availability of resources and prepare a report to the Logistics Chief. ❑ Coordinate with the Finance Section for the administration of all financial matters pertaining to vendor contracts and open purchase orders. ❑ Stockpile, maintain, deploy and reserve critical supplies and equipment. Maintain an . inventory of all supplies expended during the operation. ❑ Coordinate with other jurisdictions and private companies on sources of equipment and supply. ❑ Alert supply personnel, mutual aid providers, contractors and emergency vendors of any possible needs. ❑ Provide a forecast of the District's ability to survive on current inventories and locally procured items. ❑ Process all administrative paperwork associated with equipment rental (copy and FAX machines) and supply contracts. Forward all this information to the Finance Section. 71 Costa Mesa Sanitary District - EMERGENCY OPERATIONS PLAN Supplies Unit Leader (Continued) ❑ Open and maintain a Unit Log. Insure that all documents prepared by the Logistics Section are given to the Documentation Unit in the Planning and Intelligence Section at the conclusion of the emergency. This will include: • Documented messages received /transmitted • Action taken. • Requests filled. • EOC personnel and time on duty. • Active Vendor Records • Non - Expendable Property Records • Expendable Property Purchase Records • Staff Information Folder ❑ Obtain LOGISTICS DEMOBILIZATION PLAN from the Logistics Chief. Recommend release of unit resources in conformity with demobilization plan. ❑ Prepare a SUPPLIES DEACTIVATION PLAN to ensure return of non - expendable property, inventory and disposition of remaining expendable property, payment of vouchers and control of documentation. 40 ❑ Upon completion of operation complete a SUPPLIES AFTER ACTION REPORT. ❑ The AFTER ACTION REPORT should include a brief overview of support provided during the operation and suggested Corrective Actions to improve operations. Use the following format: • Issue • Corrective Action • Assigned to and due date for completion • 72 Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN Personnel Unit Leader Support human resource needs of the emergency; coordinate use of volunteers;. document names, assignments, and duty hours of all personnel committed to the operation. Action Checklist ❑ Identify yourself as the Personnel Unit Leader. ❑ Read this entire checklist. ❑ Obtain a briefing from the Logistics Section Chief. ❑ If the Logistics Section Chief is not available, assume the position of Logistics Section Chief. ❑ Canvas the Operations and Plans and Intelligence Sections to determine immediate needs for volunteer or other support. Determine what types of skills are needed; where, and for how long. ❑ Determine the number and location of District personnel assigned to field activities. ❑ Determine the status of personnel in each department and request employees that can be utilized for more urgent assignments. ❑ Develop a relief plan and coordinate with all sections. ❑ Fill requests for personnel needs. ❑ Identify the number of "On Duty" personnel available for assignment. ❑ Maintain a personnel resource pool. ❑ Forward all personnel time records and documentation to the Time Unit of the Finance Section. If this unit has not been established, maintain time and assignment records for all volunteers. ❑ Open and maintain a Unit Log. • 73 Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN Personnel Unit Leader (Continued) ❑ Insure that all documents prepared by the Logistics Section are given to the Documentation Unit in the Planning and Intelligence Section at the conclusion of the emergency: • Messages received and transmitted • Action Pending • Action Completed • Logistics EOC personnel and time on duty • Staff Information Folder • After Action Report ❑ Obtain LOGISTICS DEMOBILIZATION PLAN from the Logistics Chief. Recommend release of unit resources in conformity with demobilization plan. ❑ Prepare a SUPPLIES DEACTIVATION PLAN to ensure return of non - expendable property, inventory and disposition of remaining expendable property, payment of vouchers and control of documentation. ❑ Upon completion of operation complete a SUPPLIES AFTER ACTION REPORT. ❑ The AFTER ACTION REPORT should include a brief overview of support provided during the operation and suggested Corrective Actions to improve operations. Use the following format: • Issue • Corrective Action • Assigned to and due date for completion I^1 U 74 Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN Care and Shelter Unit Leader Provide for the food, clothing and shelter needs of District employees, their families; and victims of the emergency. Action Checklist ❑ Read entire Action Checklist. ❑ Obtain a briefing from the Logistics Section Chief. ❑ Based on information provided from the Operations Section, determine shelter site requirements for District personnel, their families and civilian victims requiring shelter, food and water. Request necessary food supplies, equipment and other supplies to operate shelter sites with the coordination of the Red Cross. ❑ Obtain and maintain an updated list of victims and their locations from City of Costa Mesa and /or City of Newport Beach Shelter Managers and the American Red Cross Chapter. ❑ Record and evaluate information regarding requests, activities, expenditures, damage and casualties. ❑ Report all statistical information to the Situation Status Unit: • Displaced persons • Shelter sites • Type of shelter • Number of people in shelters • Number of people that can be accommodated. ❑ Plan and provide for the feeding of EOC and field personnel. ❑ Coordinate with Transportation Unit to transport evacuees to and from shelters. ❑ Upon completion of operation complete a CARE AND SHELTER AFTER ACTION REPORT to be included in the District's AFTER ACTION REPORT. ❑ The AFTER ACTION REPORT should include a brief overview of support provided during the operation and suggested Corrective Actions to improve operations. Use the following format: • Issue • Corrective Action • Assigned to and due date for completion 75 Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN Transportation Unit Leader Coordinate the allocation of transportation resources required to move people, equipment and essential supplies. Coordinates the maintenance of all District owned equipment and agencies assisting via Mutual Aid. Action Checklist ❑ Identify yourself as the Transportation Unit Leader. ❑ Read this entire Action Checklist. ❑ Obtain a briefing on the extent of the emergency, existing transportation requirements and priorities from the Logistics Chief. ❑ Analyze existing transportation routes of the District and surrounding County area. ❑ Make a prioritized list of equipment and personnel shortfalls. ❑ With the approval of the Logistics Chief, place request for additional vehicles, drivers and support personnel, purpose for which they will be used, estimated duration of assignment and locations. ❑ Establish procedures to control transportation assets. ❑ Open and maintain the following records on vehicles: • Vehicle Status • Vehicle Records • Vehicle Accident Reports • Vehicle Maintenance ❑ Obtain LOGISTICS DEMOBILIZATION PLAN from the Logistics Chief. Recommend release of unit resources in conformity with demobilization plan. ❑ Prepare a TRANSPORTATION DEACTIVATION PLAN to ensure return of non - expendable property, inventory and disposition of remaining expendable property, payment of vouchers and control of documentation. ❑ Upon completion of operation complete a TRANSPORTATION AFTER ACTION REPORT. The AFTER ACTION REPORT should include a brief overview of support provided during the operation and suggested Corrective Actions to improve operations. Use the following format: • Issue • Corrective Action • Assigned to and due date for completion 76 Costa Mesa Sanitary District - EMERGENCY OPERATIONS PLAN Utilities Unit Leader The Utilities Unit Leader, under the direction of the Logistics Chief, is responsible for providing emergency power, natural gas, water, and waste management for the EOC and District departments. The Utilities Unit Leader will coordinate with City and County OES and appropriate utility agencies as required. Action Checklist ❑ Identify yourself as the Utilities Unit Leader. ❑ Read this entire Action Checklist ❑ Obtain a briefing on the extent of the emergency from the Logistics Chief. Obtain information concerning power and water priorities. ❑ Analyze existing power and water capabilities of EOC and all essential District needs. ❑ Set priorities for utility requirements to support immediate and extended operations. Coordinate with utility agencies to correct deficiencies. ❑ Make a prioritized list of District specific equipment and personnel shortfalls required to meet operational requirements with the approval- of the Logistics Chief. ❑ Maintain accounting records of expenditures to facilitate payment of vendors, and completion of after action reports. ❑ Obtain LOGISTICS DEMOBILIZATION PLAN from Logistics Chief. Recommend release of unit resources in conformity with demobilization plan. ❑ Open and maintain a UTILITIES UNIT LOG. Insure that all documents prepared by the Utilities Unit are given to the Documentation Unit in the Planning and Intelligence Section at the conclusion of the emergency. • Document messages received /transmitted • Action taken. • Requests filled. • EOC personnel and time on duty. • Active Vendor Records • Non - Expendable Property Records • Expendable Property Purchase Records ❑ Prepare a Utility Deactivation Plan to ensure return of non- expendable property, inventory and disposition of remaining expendable property, payment of vouchers and control of documentation. 77 Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN Utilities Unit Leader (Continued) ❑ Upon completion of operation complete a UTILITIES AFTER ACTION REPORT. ❑ The AFTER ACTION REPORT should include a brief overview of support provided during the operation and suggested Corrective Actions to improve operations. Use the following format: • Issue • Corrective Action • Assigned to and due date for completion • 78 Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN Finance and Administration Section Finance and Administration Section Chief Provide advice and support to Director of Emergency Services regarding financial issues; insure that adequate records are maintained to support requests for State and federal assistance; track time worked by all emergency personnel involved in the incident; provide cost analysis and projections. Action Checklist ❑ Identify yourself as the Finance Section Chief. ❑ Read this entire checklist. ❑ Obtain a briefing on the extent of the emergency from the Logistic Section Chief ❑ Obtain initial instructions concerning work activities and priorities. ❑ Establish sub -units as required: Compensation /Claims Unit, Time Unit, and Cost Unit. ❑ Obtain inputs from the various units to determine projected cost of supplies and materials to support the emergency. ❑ Collect cost data, complete cost effectiveness analysis and determine cost estimates and make recommendations for cost savings. ❑ Insure that Time Unit maintains records of all personnel time worked at the emergency which includes all volunteers that may or may not be previously registered as Disaster Service Workers. ❑ Insure that Claims Unit manages all legal claims for compensation filed against the District. ❑ Insure that a Finance Section log is maintained, noting messages received, decisions made and actions taken, and personnel on duty. ❑ Complete a Finance AFTER ACTION REPORT that should include a brief overview of support provided during the operation and suggested Corrective Actions to improve operations. Use the following format: • Issue • Corrective Action • Assigned to and due date for completion 79 Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN M Compensation and Claims Unit Leader The Claims Unit manages all legal claims for compensation filed against the District. It advises the Director of Emergency Services in areas of claims for bodily injury and property damage compensation presented to the District. Action Checklist ❑ Identify yourself as the Compensation / Claims Unit Leader. ❑ Read this entire checklist. ❑ Obtain briefing from Finance Section Chief ❑ Establish compensation for injury work area with the medical unit whenever feasible. ❑ Obtain a copy of the Medical Plan if one is available. ❑ Insure that compensation for injury and claims specialists have adequate work space and supplies. ❑ Coordinate with Logistics Supply Unit on procedures for handling claims. ❑ Periodically review all logs and forms produced by compensation /claims specialists to insure: • Work is complete. • Entries are accurate and timely. • Work is in compliance with agency requirements and policies. ❑ Keep Finance Section Chief briefed on unit status and activity. ❑ Obtain Demobilization Plan, and insure that compensation for injury and claims specialists are adequately briefed on Demobilization Plan. ❑ Insure that all Compensation for Injury and Claims Logs and forms are up -to -date, and routed to the proper agency for post- incident processing prior to demobilization. ❑ Demobilize Unit in accordance with Demobilization Plan. ❑ Maintain Unit Log. U ME • • Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN. ❑ Complete an AFTER ACTION REPORT that should include a brief overview of support provided during the operation and suggested Corrective Actions to improve operations. Use the following format: • Issue • Corrective Action • Assigned to and due date for completion 81 Costa Mesa Sanitary District - EMERGENCY OPERATIONS PLAN • Cost Unit Leader The Cost Unit leader is responsible for collecting all cost data, performing cost effectiveness analyses, providing cost estimates, and cost saving recommendations for the incident. Action Checklist ❑ Identify yourself as the Cost Unit Leader. ❑ Read this entire checklist. ❑ Obtain briefing from Finance Section Chief. ❑ Coordinate with Finance Section on cost reporting procedures. ❑ Obtain and record all cost data. ❑ Prepare incident cost summaries. ❑ Prepare resources -use cost estimates for planning . ❑ Make recommendations for cost savings to Finance Section Chief. ❑ Maintain cumulative incident cost records. ❑ Insure that all cost documents are accurately prepared. ❑ Complete all records prior to demobilization. ❑ Provide for records security. ❑ Brief Logistics Section Chief on current problems, recommendations, outstanding issues, and follow -up requirements. ❑ Maintain Unit Log. ❑ Complete an AFTER ACTION REPORT that should include a brief overview of support provided during the operation and suggested Corrective Actions to improve operations. Use the following format: • Issue • Corrective Action • Assigned to and due date for completion • 82 • Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN Time Unit Leader The Time Unit maintains records of all personnel time worked at the emergency which includes all volunteers that may or may not be previously registered as Disaster Service Workers. Action Checklist ❑ Identify yourself as the Time Unit Leader. ❑ Read this entire checklist. ❑ Obtain a briefing from Finance Section Chief. ❑ Determine incident requirements for time recording function. ❑ Establish contact with appropriate agency personnel / representatives. ❑ Organize and establish Time Unit. ❑ Establish Unit objectives, make assignments, and evaluate performance. ❑ Insure that daily personnel time recording documents are prepared, and are in compliance to time policy, and that they are secure. ❑ Submit cost estimate data forms to Cost Unit as required. ❑ Insure that all records are current or complete prior to demobilization. ❑ Time reports from assisting agencies should be released to the respective Agency Representatives prior to demobilization. ❑ Brief Finance Section Chief'on current problems recommendations, outstanding issues, and follow up requirements. ❑ Maintain Unit Log. ❑ Complete an AFTER ACTION REPORT that should include a brief overview of support provided during the operation and suggested Corrective Actions to improve operations. Use the following format: • Issue • Corrective Action • Assigned to and due date for completion 83 Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN SECTION 4 THE INCIDENT COMMAND SYSTEM (FIELD RESPONSE) • • 84 • Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN FIELD USE ONLY Incident Command System (ICS) Structure 1.1 ICS Structure Chart IOperation s I Section I Incident Command I Planning/ Intelligence Section Area Branches Air Operations Branch Divisions a Groups Strike Team .a Task Forces Air Support Single Group Resources Air Tactical Group Infomation safety Liaison LogistiCS Section Resources Unit Situation Unit Demobilization Unit Documentation unit Finance/ Administration Section Service Branch Communications Unit Medical Unit Food Unit Support Branch Supply Unit Facilities Unit Ground Support Unit Time Unit Procurement Unit Compersetion/ Claims Unit cost unit 1.2 General ICS Information The Incident Command System is used to manage an emergency incident or a nonemergency event. It can be used for both small and large situations. The system has considerable internal flexibility. It can grow or shrink to meet differing needs. This makes it a very cost - effective and efficient management system. On the next page are examples of the kinds of incidents and events that can used with ICS: 85 Costa Mesa Sanitary District - EMERGENCY OPERATIONS PLAN APPLICATIONS FOR THE USE OF THE INCIDENT COMMAND SYSTEM • Fires, HAZMAT, and multi - casualty incidents • Multi- jurisdictional and multi- agency disasters • Pest eradication programs • Air, rail, or ground transportation accidents • Private sector emergency management programs • State or local major natural hazard management • Waste water system emergency incidents 1.3 ICS Organization The organization of the Incident Command System is built around the same five major management activities as SEMS. These five management activities are the foundation upon which the incident management develops. They apply whether handling a routine emergency, organizing a major event, or managing a major response to a disaster. Command Section Sets objectives and priorities. Has overall responsibility at the incident. Incident Commander Person in charge at the incident, and must be fully qualified to manage the incident. . As incidents grow in size or become more complex, a more highly qualified person may be assigned as IC by the responsible jurisdiction or agency. Public Information Officer The point of contact for the media or other organizations seeking information directly from the incident or event. Safety Officer Monitors safety conditions and develops measures for assuring the safety of all assigned personnel Liaison Officer On larger incidents or events, representatives from other agencies may be assigned to the incident to coordinate their agency's involvement. The Liaison Officer will be their primary contact. Operations Section Conducts tactical operations to carry out the plan. Develops the tactical objectives, organization, and directs all resources. • 86 • • • Costa Mesa Sanitary, District EMERGENCY OPERATIONS PLAN Divisions Established to divide an incident geographically or describe some geographical area related to incident operations. Groups Established to describe functional areas of operation. What is established will be determined by the needs of the incident., Groups work wherever they are needed, and are not assigned to any single division. Divisions and Groups are at an equal level in the organization. Branches Established another level of organization within the Operations Section to increase the span of control, define another functional structure, or organize the incident around jurisdictional lines. Air Operations Operated at the branch level and established separately at an incident where there are complex needs for the use of aircraft in both tactical and logistical operations. Staging Areas Established wherever necessary to temporarily locate resources awaiting assignment. Planning and Intelligence Develops the action plan to accomplish the objectives. Collects and. evaluates information. Maintains resource status. Logistics Provides support to meet incident needs. needed to support the incident response. Provides resources and all other services Finance and Administration Monitors costs related to the incident. Provides accounting, procurement, time recording, and cost analyses. Units Functional Units fall under each of the three remaining sections (see ISC Structure Chart). Not all of the units may be required, and they will be established based upon the need. The titles of the units are self- descriptive. 87 Costa Mesa Sanitary District - - EMERGENCY OPERATIONS PLAN 1.4 Incident Facilities Facilities will be established depending on the kind and complexity of the incident or event. Not all facilities will necessarily be used. Incident Command Post (ICP) The location from which the incident Commander oversees all incident operations. There is only one ICP for each incident or event. Every incident or event must have some form of ICP. Staging Area Locations at which resources are kept while awaiting incident assignment Base The location at the incident at which primary service and support activities are performed. Camps Incident locations where resources may be kept to support incident operations. Camps differ from staging areas in that essential support operations are done at camps, and resources at camps are not always immediately available. Helibase 0 A location in and around an incident area at which helicopters may be parked, maintained, fueled, and equipped for incident operations. Hellspot Temporary locations where helicopters can land and load /off -load personnel, equipment, and supplies. 1.5 Incident Action Plan Every incident must have an oral or written action plan. The purpose of the plan is to provide all incident supervisory personnel with direction for future actions. Action plans which include the measurable tactical operations to be achieved, are always prepared around a time -frame called an Operational Period. Operational Periods can be of various lengths, but should be no longer than 24 hours. The planning of an operational period must be done far enough in advance to ensure that requested resources are available when it begins. The Incident Action Plan must be known to all incident supervisory personnel. This can be done through briefings, by distributing a written plan prior to the start of the Operational Period, or by both methods. 88. • • • Costa Mesa Sanitary District - - EMERGENCY OPERATIONS PLAN 1.5.1 Essential Incident Action Plan Elements Statement of Obiectives- Appropriate to the overall incident. Organization- Describes what parts of the ICS organization will be in place for each Operational Period. Assignments to Accomplish Obiectives- These are normally prepared for each Division or Group and include the strategy, tactics, and resources to be used. Supporting Material- Examples can include maps of the incident, a communications plan, a medical plan, a traffic plan, 89 Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN APPENDIX 1 EOC PERSONNEL LISTING • • L _.J Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN SEMS POSITION ASSIGNMENTS MANAGEMENT / EOC Director Scott Carroll, Rob Hamers Public Information Officer Scott Carroll, Rob Hamers OPERATIONS 0 Tom Fauth, Karl Dulake PLANNING Scott Carroll, Rob Hamers LOGISTICS Joan Revak, Kaitlin Tran FINANCE/ADMINISTRATION Sherry Kallab, Teresa Gonzalez • Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN APPENDIX 2 HAZARD SPECIFIC CHECKLISTS �1 U • ,7 Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN Emergency Operating Procedures Hazard- Specific Checklists All events are UNIQUE. Following are lists of various considerations for specific types of emergencies. These checklists are designed to be used in conjunction with the general duties of the positions outlined in Section 3 (EOC Positional Checklists) Table of Contents Sanitary Sewer Overflows ............................................... ..............................3 Floodsand Storms ........................................................... ..............................5 Earthquakes.................................................................... ..............................6 PowerFailure .................................................................... ..............................7 • Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN Sanitary Sewer Overflows ❑ Investigate, evaluate and photograph the Sanitary Sewer Overflow (SSO) and surrounding area to determine the extent of the overflow and whether additional resources are needed. ❑ Obtain the following information: • Is overflow causing a traffic hazard such as displaced manhole cover or street flooding? Yes No ❑ If yes, Initiate traffic control to prevent entry of vehicles and public into the SSO area ❑ If necessary, use the City of Costa Mesa and/or City of Newport Beach Police and /or the Orange County Sheriffs Department to ensure proper traffic control. • Is the SSO impacting a structure? Yes No • Has the SSO reached the storm water inlet? Yes No • Has the SSO reached a waterway (e.g. Newport Back Bay)? Yes No • Is there potential for public exposure? Yes No • Does the SSO involve a private /industrial connection? Yes No • Initial determination of the cause of the overflow a. Is overflow related to construction work? Yes No b. Is overflow related to a street collapse? Yes No c. Is overflow related to FOG? Yes No d. Is overflow related to a power outage? Yes No • • • Sanitary Sewer Overflows Hazard - Specific Checklist ❑ Obtain initial estimate of overflow rate using pictures and table. Ideally, data would be gathered at multiple times (SS start, middle,. and end) during the event as the SSO discharge rate will change overtime, Obtain the following information: • Spill Start time • Discharge rate • Dimensions of overflow (depth, width, etc.) • Velocity • Spill End time ❑ Document all actions with a timeline. Locate SSO by address, cross street, GPS coordinates, and interceptor structure ID. (e.g. manhole ID, cleanout ID, pump station, pipe ID) 0 Verify the magnitude of the SSO. This includes verification of initial estimate of overflow rate and SSO discharge location. ❑ Verify the cause of the overflow and make determinations for further investigation requirements if necessary. ❑ Initiate containing the overflow ❑ Are additional resources needed? Yes No ❑ . Contact W EROC and OCSD for assistance ❑ Determine the best course of action for containment such as: • Rubber mats at catch basin or inlet • Sand bags in gutter • Bypass pumps. • Vactor trucks • Emergency generator ❑ Initiate coordination of posting warning signs ❑ Notify the media ❑ Disinfect or proper disposal of contaminated soil, equipment, and structures has been performed due to sewage contacting them. Consult with County Health Department on recommended decontamination procedures. r: Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN Floods and Storms ❑ Monitor weather conditions for severe storms ❑ Inspect pump stations, record daily meter readings. ❑ Coordinate information with City of Costa Mesa and City of Newport Beach regarding flooded streets and street closures. ❑ Determine the volume and strength of a Combined Sewer Overflow (CSO) discharges and its impacts ❑ Contact City of Costa Mesa and /or City of Newport Beach and OCSD of a CSO occurring. ❑ Determine a method to control the CSO such as by -pass pump, vactor vehicles, sandbags, etc. 0 40 • Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN Earthquake ❑ Obtain a status report of buildings and sewer infrastructure that may have been damaged, then direct emergency personnel to those areas as needed. ❑ Obtain a status report from City of Costa Mesa, City of Newport Beach and the Count of Orange on nearby highways and roads. Develop a consistent plan for routing District vehicles and /or mutual aid vehicles. ❑ Initiate a Critical buildings and sewer infrastructure log that indicates which of those facilities have been checked and their disposition. ❑ Field units should initiate a general area survey after completing their critical facilities check. Be aware of fires, fuel leaks, ruptured water pipes, downed power lines, utility disruptions, chemical spills, etc. ❑ Be prepared to inform City of Costa Mesa, City of Newport Beach, Mesa Consolidated Water District, the Southern California Gas Company and /or Southern California Edison of any known fires, fuel leaks, chemical spills, water, electrical and gas complications. ❑ In the event of a significant aftershock, repeat the above steps. • Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN Power Failure ❑ Inspect pump stations, record daily meter readings ❑ Ensure emergency generators have adequate fuel and then deliver and connect to pump station(s) where SSO is most likely. ❑ If multiple pump stations are without power contact OCSUs Control Center to request additional equipment and personnel. ❑ If OCSD is unable to provide the necessary resources, contact WEROC North EOC to request additional resources. ❑ Keep close communications with Southern California Edison representatives to learn when power is projected to be restored. 0 40 r� Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN APPENDIX 3 EMERGENCY • OPERATIONS CENTER FORMS • EOC CHECK -IN LIST CHECK -IN SITE LOCATION ❑ JIC (TELECOM) ❑ Alt EOC (LOCATION) 174 W Wilson Street�4�Y��, �saxrrA�j ,, w INCIDENT NAME: CHECKdN INFORMATION DATE IN TIME IN HOME AGENCY IRA VOL I EMPLY LAST NAME FIRST NAME INITIALS EOC POSITION SHAFT DATE OUT TIME OUT EMERO PHONE NO. PAGE OF PREPARED BY (NAME AND POSITION): EOC C K -IN LIST CHECK -IN SITE LOCATION ® EOC (HO) ❑ JIC (TELECOM) Alt EOC (LOCATION) 174 W. Wilson Street [1 Alt s�►ar�a,�`Q v � . INCIDENT NAME: Great Shakeout 09 Exercise CHECK4N INFORMATION DATE IN TIME IN HOME AGENCY ME�Y / LAST NAME FIRST NAME INITIALS EOC POSITION SHIFT DATE OUT TIME OUT FMER8 PHONE NO. 11/13/09 1005 CMSD EMPLY CARROLL . SCOTT EOC DIR A 11/13/08 1620 714 800 -3296 PAGE 1 OF 1 PREPARED BY (NAME AND POSITION): SHERRY KALLAB, PERSONNEL UNIT, LOGISTICS SECTION i EOC ACTIVITY LOG Page of Name EOC Position Date Incident Name Shift Operational Period From To Disaster No. (optional) Immediate Supervisor AM / PM Decisions, action taken justification, resource requests, messages, numbers, notes 0 EOC ACTIVITY LOG - EXAMPLE Page 1 of 3 Name Tom Fauth EOC Position Operations Section Chief Date JAN 5, 2010 Incident Name NEWPORT- INGLEWOOD QUAKE 1 -5- Shift A Operational Period From 0700 To 1900 Disaster No. (optional) DRXXXXX • Immediate Supervisor EOC Director / Carroll AM / PM Decisions, action takenfustification, resource requests, messages, numbers, notes 0655 ARRIVED AT EOC 0735 BRIEF COMPLETE W /DIRECTOR, GEN STAFF REVIEWED SIT STAT & AP ASSIGNMENT: VERIFY WHITEBOARD CONTACT INFO EVALUATE FIELD CONDITIONS DETERMINE NEED FOR ADDITIONAL RESOURCES ENSURE RELIEF FOR PM SHIFT SECURED PREP — AP MTG 0900 HRS 0817 OP CHIEF RELIEF - WILL RELIEVE AT 1600 HRS (FAMILY) — OK TO 0700 HRS 0903 AP MTG — (BRIEF NOTES) — ENSURE OWN ASSIGNMENTS NOTED l J DAY DATE TIME SHIFT MESSAGE FORM FORM NO. URGENT FYI REPLY REQUESTED FROM NAME / POSITION or UNIT If PHONE EXT: T0: NAME / POSITION or UNIT: INITIAL MESSAGE / INFORMATION: TIME: PHONE: FROM: TO: REPLY: APPROVED TO POST (PLOT) ON WHITEBOARDS BY: IN: _ DIR _ MGMT _OPERATIONS _ PLANNING LOGISTICS _ FINANCE MAKE ADDITIONAL COPIES FOR: DIRECTOR _ MANAGEMENT _ OPERATIONS _ PLANNING _ LOGISTICS FINANCE — THIS MESSAGE / ATTACHMENT IS AUTHORIZED FOR PRESS RELEASE BY MESSENGER PLOTTER DOCUMENTATION DOCUMENTATION SUPVR NOTE: TIME RECEIVED TIME RECEIVED TIME RECEIVED TIME RECEIVED a DAY TH DATE TIME 1/5//10 1213 SHIFT A MESSAGE FORM URGENT FYI FORM NO. (INITIAL / N) REPLY REQUESTED SUBJECT: PUMP STATION FAILURE AT 23RD STREET FROM NAME / POSITION or UNIT / PHONE EXT: OPS CHIEF - FAUTH TO: NAME / POSITION or UNIT: EOC DIR - CARROLL LOGISTIC - REVAK INITIAL MESSAGE / INFORMATION: PUMP STATION INOPERABLE DUE TO POWER OUTAGE. NO SSO AT THIS TIME HAVE TWO HOUR WINDOW OF OPPORTUNITY BEFORE SSO REQUEST EMERGENCY GENERATOR TIME: 1214 PHONE: FROM: TO: REPLY: ACKNOWLEDGED. OK TO PROCEED. SC APPROVED TO POST (PLOT) ON WHITEBOARDS BY: S. CARROLL IN: DIR _ MGMT _ OPERATIONS _ PLANNING _ LOGISTICS _ FINANCE MAKE ADDITIONAL COPIES FOR: DIRECTOR X MANAGEMENT - - OPERATIONS X_ PLANNING LOGISTICS FINANCE — — THIS MESSAGE / ATTACHMENT IS AUTHORIZED FOR PRESS RELEASE BY S CARROLL, PIO SHERRY - MAKE 4 COPIES OF THE PRESS RELEASE, KEEP ONE AND SEND THE REST BACK TO ME- THANKS. MESSENGER S C4RROLL PLOTTER K TRAM DOCUMENTATION S KALLAS MENTA DOCUMENTATION SUP VR NOTE: N/A ERECEIVED 4216 RRS TIMERECENEO 1221 HRS `TIMERECENED" ' 1245,H • EOC Personnel Report Date: Time: Operational Period: Contact: Event Name: Phone: Fax: Other: Email: Status Detail Status ❑See Supplemental for additional information Meals Provided Lodging Req'd? Remarks EOC Staffing Current: Next 24 Hrs: Mutual Aid Received: Sent Out: Injury Reports Current Number District F/T District P/T MA -Sewer Consultants 0 0 C PUBLIC INQUIRY FORM For recording calls from the public requesting information or assistance, reporting hazards or verifying false information (rumors). Complete and ROUTE to Public Information Officer. Document all calls on Activity Log. Caller Name Date Time Caller Address Phone CALL URGENCY FYI URGENT CALL CALLER BACK? ❑ Yes ❑ No TYPE OF CALL Information Request Reporting a Hazard _ Assistance Rumor Verification /Source: (Friend, N, Radio, etc.) MESSAGE: i • CALL TAKER EXT. ---------------------------------------------------------------------- ---------------------------------------------------------------------- PIO ACTION TAKEN PUBLIC INFORMATION OFFICER APPROVED DATE/TIME PUBLIC INQUIRY FORM For recording calls from the public requesting information or assistance, reporting hazards or verifying false information (rumors). Complete and ROUTE to Public Information Officer / Team. Document all calls on Activity Log. Caller Name Sarah Marshal Date 11/13/08 Time 11:37am Caller Address 1243 Melrose Place, #5, CM Phone 714 234 -3481 CALL URGENCY x FYI URGENT CALL CALLER BACK? O Yes ❑ No TYPE OF CALL Information Request x Reporting a Hazard _ Assistance Rumor Verification /Source: (Friend, TV, Radio, etc. MESSAGE: Some liquid is coming out of a dislodged manhole on Harbor CALL TAKER AJ Culp EXT. 5117 PIO / ACTION TAKEN Routing to Ops Section Chief Rob Harriers 1/6/10, 12:05PM PUBLIC INFORMATION OFFICER APPROVED DATE/TIME • C � C 17- IEOC Public Services Branch Report Date: Time: Operational Period: Contact: Event Name: Phone: Fax: Other: Email: Critical Infrastructure Status (Green, Yellow, *Red, *Black) % Inoperable Est. Duration of Outage hrs B ( ) Number of people affected Electric Power Natural Gas Telecom /Cable Pipelines Water (fire) Sewer Storm Petroleum Pump Stations Potable Water Roads Bridges Freeways Flood Channel Debris/ Trash Removal U • • EOC Transportation Report Date: Time: Operational Period: Contact: Event Name: Phone: Fax: Other: Email: Priority Traffic Plan Status Detail Status (GYRB) % Inoperable ETA Restored Remarks OContinues on bock Roads: Bridges: Highways: JW Airport: Fleet Vehicles: Other: • • Costa Mesa Sanitary District EOC Visitor Form Complete this form and have it authorized prior to visitor tour. Visitor organization ID and CMSD authorized Visitor ID must be worn at all times. All visitors must remain with their assigned escort unless otherwise directed / permitted by authorized staff. DATE TIME IN TIME OUT VISIT / TOUR AREA REASON FOR REQUEST NAME ORGANIZATION PHONE (OFFICE) (CELL) EMAIL ADDRESS Visitor Signature I understand that completion of this form does not constitute an agreement, expressed or implied, to permit me to enter the requested area(s). If granted permission, I agree to remain with an escort in the authorized area(s) at all times unless otherwise. directed / permitted by authorized staff. Further, I understand that all visitation privileges may be terminated at any time and I agree to leave promptly upon notification. Organization Verified EOC Director (or designee) Review / Authorizing Signature PERMITTED AREA OF VISIT/ TOUR: Estimated time of visitation: Start End Escort(s): ADDITIONAL COMMENTS: • EOC Information Systems Report Date: Time: Operational Period: Contact: Event Name: Phone: Fax: Other: Email: Status Detail Status (0- 100%) Remarks (ETA restored, major problems, etc) EOC CMSD HQ District Yard E -mail Intranet /Internet Connectivity Payroll /Personnel System I Financial Systems General Hardware Support Other REMARKS u Costa Mesa Sanitary District Critical Facilities Impact Checklist IMPACT STATUS: G- ROUTINE / Y -MINOR / R -SEVER / B- DESTROYED Inspected Inspected by Critical Facilities Impact Status ❑ CMSD HQ —1" Floor 628 W. 19"' Street ❑ CMSD HQ — 26d Floor District Yard —1" Floor 174 W. Wilson Street District Yard — 2nd Floor ❑ Adams Pump Station 2054 Adams Court ❑ Aviemore Pump Station 1140 Aviemore ❑ California Pump Station Alaska/Califomia ❑ Canyon Pump Station Comer Wilson/Canyon ❑ Corporate Yard Pump Station 2300 Placentia Ave ❑ Elden Pump Station N/S Mesa/Eiden ❑ Gisler Pump Station 3003 Iowa Street ❑ Harbor/Wilson Pump Station Harbor/Wilson ❑ Iowa Pump Station 1601 Iowa Street ❑ Mendoza Pump Station 2899 Mendoza Drive ❑ President Pump Station Oak/President ❑ A Santa Ana Pump Station Santa Ana/Brentwood ❑ Sea Bluff Pump Station 1099 Sea Bluff Drive ❑ South Coast Plaza Pump Station Inspected Inspected by Critical Facilities Impact Status ❑ Irvine Pump Station S/W Irvine/Mesa ❑ Westbluff Pump Station 1059 Westward Lane ❑ 19th Street Pump Station 1035 W 19th Street 7■ 17■ 21st Street Pump Station 21 st Street/Newport 23rd Street Pump Station 23rd/Irvine • r1 f� U • 0 • H ealth Branch Re ort : ffAAedical/ Time: O erational Period: act: Event Name: e: Fax: Other: Email: Estimated Casualties Number # Status a. Deaths: b. Major Injuries: c. Minor Injuries: d. Missing: Hospital Status a. Acute care: b. Not functioning: c. Partially functional: d. Fully functional: e. Not reporting: Mutual Aid Needs a. Medical personnel? ❑ Yes ❑ No b. Medical supplies? ❑ Yes ❑ No c. Med. transportation? ❑ Yes ❑ No Personnel Needed ❑ Yes ❑ No Public Water Systems ❑ Yes ❑ No Contaminated ❑ Yes ❑ No Sewage/Solid Waste ❑ Yes ❑ No Food Contamination? ❑ Yes ❑ No Quarantine Area ❑ Yes ❑ No Animal Control ❑ Yes ❑ No Surveillance Activities ❑ Yes ❑ No Outbreaks ❑ Yes ❑ No HazMat Involved Victims Exposed ❑ Yes ❑ No Victims Contaminated ❑ Yes ❑ No Evacuation Issues ❑ Yes ❑ No Hospital / Health Care Locations Affected • Name: Date /time opened: Date /time closed: Street: City /Zip: Point of Contact: Phone: Phone: Name Date /time opened: Date /time closed Street: Point of Contact: City /Zip: Phone: Phone: Name: Date /time opened: Date /time closed: Street: Point of Contact: City /Zip: Phone: Phone: Name: Date /time opened: Date /time closed: Street: Point of Contact: City/Zip: Phone: Phone: Name: Date /time opened: Date /time closed: Street: Point of Contact: City/Zip: Phone: Phone: Name: Date /time opened: Date /time closed: Street: Point of Contact: City /Zip: Phone: Phone: Name: Date /time opened: Date /time closed: Street: Point of Contact: City /Zip: Phone: Phone: ADDITIONAL SHEET(S) ATTACHED? ❑ Yes D No • 4 EOC Care & Shelter Branch Report Date: Time: Operational Period: Contact: Event Name: Phone: Fax: Other: Email: STATUS Act. / Est. Total Comment Persons Displaced:. Persons Needing Shelter: Persons in Shelters: School Shelters: Non - School Shelters: Other Shelters (hotel, etc): Persons Fed in Last 24 Hrs: Breakfast Lunch Dinner Persons Proiected to Feed in Next 24 Hrs: Breakfast Lunch Dinner No. Fixed Feeding Sites: No. Mobile Feeding Sites: Total Staffing at All Sites: Mutual Aid Needed in Next 24 Hrs? Yes No Resources Needed: ❑ Security ❑ Animal Control ❑ Other ❑ Special Needs Pop ❑ Translation Svs Resources Needed: IMMEDIATE Resources Needed: FUTURE • Care & Shelter Branch Shelter Locations Status Date: I Time: Operational Period: Contact: Phone: Shelter Name: Date/Time Opened: Date/Time Closed: Addr: Point of Contact: Shelter Capacity Days Nights Phone: Staffing Paid: Volunteer: Comment: Shelter Name: Date/Time Opened: Date/Time Closed: Addr: Point of Contact: Shelter Capacity Days Nights Phone: / Staffing Paid: Volunteer: Comment: Shelter Name: Date/Time Opened: Date/Time Closed: Addr: Shelter Capacity Days Nights Point of Contact: / Phone: Staffing Paid: Volunteer: Comment: Shelter Name: Date/Time Opened: Date/Time Closed: Addr: Shelter Capacity Days Nights Point of Contact: / Phone: Staffing Paid: Volunteer: Comment: Shelter Name: Date/Time Opened: Date/Time Closed: Addr: Shelter Capacity Days Nights Point of Contact: / Phone: Staffing Paid: Volunteer: Comment: r: 0 1 0 INCIDENT RADIO COMMUNICATIONS PLAN 1. INCIDENT NAME 2. DATE /TIME PREPARED 3. OPERATIONAL PERIOD (DATE I TIME) 4. BASIC RADIO CHANNEL UTILIZATION SYSTEM / CACHE CHANNEL FUNCTION FREQUENCY ASSIGNMENT REMARKS ICS 205 PREPARED BY: MEDICAL PLAN 1. INCIDENT NAME 2. DATE PREPAR ED 3. TIME PREPARED 4. OPERATIONAL PERIOD 5. INCIDENT MEDICAL AID STATIONS MEDICAL AID STATIONS LOCATION YES NO 8. TRANSPORTATION A. AMBULANCE SERVICE NAME ADDRESS PHONE YES NO B. INCIDENT AMBULANCES NAME LOCATION PHONE YES NO 7. HOSPITALS NAME ADDRESS TRAVEL TIME PHONE I HELLPAD BURN CENTER AIR GROUND YES FNO YES NO 8. MEDICAL EMERGENCY PROCEDURES ICS 206 (SEMS 2001) 9. PREPARED BY (MEDICAL UNIT LEADER) 10. REVIEWED BY (SAFETY OFFICER) 0 I �TE SAFETY AND CONTROL LAN R ICS 208 1. INCIDENT NAME: 2. DATE PREPARED: P OPERATIONAL TIME: SECTION I: SITE INFORMATION 4. INCIDENT LOCATION: SECTION 11: ORGANIZATION . 5. INCIDENT COMMANDER: 6. HM GROUP SUPERVISOR: I L T - HM REFERENCE: 8. SAFETY OFFICER: 9. ENTRY LEADER: 1. ASSISTANT SAFETY OFFICER - HM: 12, DECONTAMINATION AF AREA MANAGER: 14 , ENVIRONMENT 15. ENTRY TEAM (BUDDY SYSTEM) OIAM LEVEL 16. DECONTAMINATION ELEMENT ddAlE LEVEL ENTRY 1: DECON 1: ENTRY 2: DECON 2: ENTRY 3: DECON 3: E/yTRY 4: DECON 4: SECTION III; HAZARD / RISK ANALYSIS , 17. MATERIAL CONTAINER QTy- PHYS. STATE pH IDLH F.P. I.T. V.P. V.D. S.G. LEL UEL COMMENT: SECTION IV: HAZARD MONITORING 18. LEL INSTRUMENT(S): 19. O= INSTRUMENT(S): 20. TOXICITY I PPM INSTRUMENT(S): 21. RADIOLOGICAL INSTRUMENT(S): COMMENT: SECTION V: DECONTAMINATION PROCEDURES 22. STANDARD DECONTAMINATION PROCEDURES: YES: NO: COMMENT: SECTION VI: SITE COMMUNICATIONS 23. COMMAND FREQUENCY: 24. TACTICAL FREQUENCY: 25. ENTRY FREQUENCY: SECTION VII: MEDICAL ASSISTANCE 2E. MEDICAL MONITORING YES: NO: 27. MEDICAL TREATMENT AND TRANSPORT IN -PLACE YES; NO: COMMENT: • SECTION VIII. SITE MAP 28. SITE MAP: N WEATHER ❑ COMMAND POST ❑ ZONES ❑ ASSEMBLY AREAS ❑ ESCAPE ROUTES ❑ OTHER ❑ SECTION IX: ENTRY OBJECTIVES 29. ENTRY OBJECTIVES: SECTION X: SOP'S AND SAFE WORK PRACTICES 30. MODIFICATIONS TO DOCUMENTED SOP'S AND WORK PRACTICES YES: NO: COMMENT: SECTION XI: EMERGENCY PROCEDURES 31. EMERGENCY PROCEDURES: SECTION XII. SAFETY BRIEFING 32. ASSISTANT SAFETY OFFICER HM SIGNATURE: SAFETY BRIEFING COMPLETED (TIME): 33. HM GROUP SUPERVISOR SIGNATURE: 34. INCIDENT COMMANDER SIGNATURE: INSTRUCTIONS FOR COMPLETING THE SITE SAFETY AND CONTROL PLAN ICS 208 HM A Site Safety and Control Plan must be completed by the Hazardous Materials Group Supervisor and reviewed by all within the Hazardous Materials Group prior to operations commencing within the Exclusive Zone. Item Number Item Title Instructions 1. Incident Name / Number Print name and / or incident number. 2. Date and Time Enter date and time prepared. 3. Operational Period Enter the time interval for which the form applies. 4. Incident Location Enter the address and or map coordinates of the incident. 5-16. Organization Enter names of all individuals assigned to ICS positions. (Entries 5 & 8 mandatory). Use boxes 15 and 16 for other functions: i.e. Medical Monitoring. 17-18. Entry Team /Decon Element Enter names and level of PPE of Entry A Decon personnel. (Entries 1 — 4 mandatory buddy system and back -up). 19. Material Enter names and pertinent information of all known chemical products. Enter UNK if material is not known. Include any which apply to chemical properties. (Definitions: ph = Potential for Hydrogen (Corrosivity) IDLH = Immediately Dangerous to Life . and Health, F.P. = Flash Point, I.T. = Ignition Temperature, V.P. = Vapor Pressure, V.D. = Vapor Density; S.G. = Specific Gravity, LEL = Lower Explosive Limit, UEL = Upper Explosive Limit) 20-23. Hazard Monitoring List the instruments which will be used to monitor for chemicals. 24. Decontamination Procedures Check NO if modifications are made to standard decontamination procedures and make appropriate Comments including type of solutions. 25-27. Site Communications Enter the radio frequency(ies) which apply. 28-29. Medical Assistance Enter comments if NO is checked. 30. Site Map Sketch or attach a site map which defines all locations and layouts of operational zones. (Check boxes are mandatory to be identified). 31. Entry Objectives. List all objectives to be performed by the Entry Team in the Exclusion Zone and any parameters which will alter or stop entry operations. 32-33. SOPs, Safe Work Practices and List in Comments if any modifications to SOPs and any Emergency Procedures emergency procedures which will be affected if an emergency occurs while personnel are within the Exclusion Zone. 34-36. Safety Briefing Have the appropriate individual place their signature in the box once the Site Safety and Control Plan is reviewed. Note the time in box 34 when the safety briefing has been completed. Incident Status Summary 0 Date Time Initial Update Final Incident Number Incident Name Incident Type Start Date/Time Cause Incident Commander P��Y� State /Unit County Latitude and Longitude Short Location Description (in reference to nearest town): Current Situation Size/Area Involved % Contained or MMA Expected Containment Date: Time: Line to Build (# chains) (S) Costs to Date Declared Controlled Date: Time: Injuries Today Fatalities Structure Information Type of Structure # Threatened # Destroyed Threat to Human Life/Safety: Evacuation(s) In progress No evacuation(s) Imminent Potential future threat No likely threat Residence Commercial Property Out building /Other Fuels Involved Resources threatened (kind(s) and value/significance): Current Weather Conditions Wind Speed: Temperature: Wind Direction: Relative Humidity: Resource benefitslobjectives (for prescribed/wildiand fire use): Today's observed fire behavior (leave blank for non -fire events): Significant events today (closures, evacuations, significant progress made, etc.) 26. AGENCIES 27. RESOURCES TOTALS IOND OF RESOURCE INC ST INC ST INC ST INC ST INC ST INC ST INC ST INC ST INC ST INC ST INC ST INC ST OVERHEAD PERSONNEL TOTAL PERSONNEL Cooperating Agencies Not Listed Above: Prepared by: Approved by: Sent to: by: Date: Time: ICS 209 (SEMS 2001) 0 utlook Estimated Control Projected Final Size Estimated Final Cost Tomorrov,es Forecasted Weather Date: Wind Speed: Temperature: Time: Wind Direction: Relative Humidity: Critical Resource Needs (kind & amount, in priority order): 1. 2. 3. Actions planned for next operational period: Projected incident movement/spread during next operational period (leave blank for non -fire incidents): Major problems and concerns (control problems, social /political/economic concerns or impacts, etc.) Relate critical resource needs identified above to the Incident Action Plan. r fire incidents, describe resistance to control in terms of 1. Growth potential - 2. Difficulty of terrain - How likely is It that containment /control targets will be met, given the current resources and suppression strategy? Projected Demob Start (date and time): Remarks: ICS 209 (SEMS 2001) is OPERATIONAL PLANNING WORKSHEET ICS 215 (SEMS 2001) DRAFT 1. INCIDENT NAME 2. DATE PREPARED 3. OPERATIONAL PERIOD (DATE ITIME) T ME PREPARED !. DIVISION IOROUP OROTHER LOCATION 6. WORNAMONMENT RESOURCES BY 0. OVERHEAO 7. SPECIAL EMPMENT 6 OTHER S. REPORTING LOCATION 10. REQUESTED Aaa1VALTONE REQ HAVE NEED REQ HAVE NEED HAVE NEED REQ HAVE NEED REQ HAVE NEED REQ HAVE NEED REQ HAVE NEED ICS215 TeW Rena — Required Shgle Rese 1 SMa Teams, Cr , Plemea PREPARED BY: (NAME AND POSITION) Total Resounxs oe Had /VVV Al /VVVV A� /V Telal Resources Needed Lv N / / / / / / / / A 0 ASSIGNMENT NOTES ASSIGNMENT NOTES a RADIO REQUIREMENTS WORKSHEET 1, INCIDENT NAME 2. DATE . 3. TIME 4. BRANCH 6. AGENCY S. OPERATIONAL PERIOD 7. TACTICAL FREQUENCY 8. DIVISION I GROUP AGENCY DIVISION I GROUP AGENCY DMSION I GROUP AGENCY DIVISION I GROUP AGENCY 9. AGENCY ID NUMBER RADIO REQUIREMENTS AGENCY ID NUMBER RADIO REQUIREMENTS AGENCY ID NUMBER RADIO REQUIREMENTS AGENCY ID NUMBER RADIO REQUIREMENTS [ICS 216 (BEMs 2001) 1 PAGE OF 10. PREPARED BY (NAME AND POSITION) • • is SUPPORT VEHICLE INVENTORY (USE SEPARATE SHEET FOR EACH VEHICLE CATEGORY) 1. INCIDENT NAME 2. DATE PREPARED 3. TIME PREPARED ♦. VEHICLE INFORMATION a. TYPE b. MAKE e. CAPACITY / SIZE d. AGENCY/OWNER e. ID NUMBER f. LOCATION g. RELEASE TIME ICS 218 (SEMS 2001 ) PAGE OF 10. PREPARED BY(GROUND SUPPORTUNIT) DEMOBILIZATION CHECKOUT � 1. INCIDENT NAME I NUMBER 2. DATE I TIME 3. DEMOBILIZATION NUMBER 4. UNIT I PERSONNEL RELEASED 5. TRANSPORTATION TYPE / NO. 6. ACTUAL RELEASE DATE I TIME 7. MANIFEST YES NO NUMBER S. DESTINATION 9. AGENCY /REGION /AREA NOTIFIED NAME DATE 10. UNIT LEADER RESPONSIBLE FOR COLLECTING PERFORMANCE RATING 11. UNIT I PERSONNEL YOU AND YOUR RESOURCES HAVE BEEN RELEASED SUBJECT TO SIGNOFF FROM THE FOLLOWING: (DEMOBILIZATION UNIT LEADER CHECK APPROPRIATE BOX) LOGISTICS SECTION ❑ SUPPLY UNIT ❑ COMMUNICATIONS UNIT ❑ FACILITIES UNIT ❑ GROUND SUPPORT UNIT PLANNING I INTELLIGENCE SECTION ❑ DOCUMENTATION UNIT FINANCE /ADMINISTRATION SECTION ❑ TIME UNIT OTHER 12. REMARKS ICS 221 (SEMS 2001 r I DOCUMENTATION SUPPORT - WHITEBOARD LOG DAY / DATE / TIME NEXT UPDATE WILL BE:, DATE TIME ACTIVITY POSTED /OCCURRED (Add additional lines as needed). Input Operator Name / Ext.: Whiteboard Posting Format Date -Time Posted /Occurred O1105 0900/0835 01%05 0913/0840 01/05 0915 /0830 Activity SSO entering Upper Newport Bay SSa entering flood control channel No power at 2131 St PS Changing Information Format f%.1 In POWER RESTORED 0900 Unconfirmed Posting Format (useadifferentcolor) 01/05 1032/1016 UNCONFIRMED! Pi pe Col I a pse over 55 Fwy —See Fa uth/Ops Chief 0 0 Costa Mesa Sanitary .District EMERGENCY OPERATIONS PLAN APPENDIX 4 • GLOSSARY AND ACRONYM LIST • • Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN 1. Glossary 1.1 Terms The glossary contains definitions of terms commonly used in the Standardized Emergency Management System (SEMS) and the National Incident Management System (NIMS). Becoming familiar with these terms will assist District EOC Staff in performing their specific function throughout the disaster operational period. Action Plan: The plan prepared in the EOC containing the emergency response objectives of a SEMS level i.e. State, County, Local (City or Special District), and reflecting overall priorities and supporting activities for a designated period. The Plan is prepared by the Planning Intelligence Chief with support from Management & Section Chiefs. Once completed, the Plan is executed by the Operations Chief. Activation: The necessary action(s) taken by the EOC Directors) in making an EOC operational. After. Action Reuort: A report covering EOC activities / response actions, application of SEMS, modifications to plans and procedures, training needs, and recovery. Area Command (AC): Area Command is an organization established (1) to oversee the management of multiple incidents that are being handled by an Incident Command System (ICS) organization or (2) to oversee the management of large or multiple incidents to which several Incident Management Teams have been assigned. Area Command has the responsibility to set overall strategies and priorities, allocate critical resources according to priorities, ensure that incidents are properly managed, and ensure that objectives are met and strategies followed. Chain of Command: A series of management positions in order of authority. Check -in: The process whereby pre- assigned EOC Staff 'officially report in" to their EOC location for briefing and to assume a specific function following activation of the EOC. Checklist: A list of actions taken by an element of the emergency organization in response to a particular event or situation. Contamination: Deposits of radioactive or other toxic materials that occur on the surfaces of structures, area, objects, people's bodies, flora, and fauna. Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN Damage Survey Report: Under 206.202 of CFR 44, a Damage Survey Report is prepared by an inspection team. The team is accompanied by an authorized local representative who is responsible for representing the applicant and insuring that all eligible work and costs are identified. A Damage Survey Report Data Sheet (FEMA Form 90 -91) is prepared for each site with damage over a specified amount established by regulation. Deactivation: The process of closing down EOC operations. Decontamination: The process of making people, objects, or areas safe by absorbing, destroying, neutralizing, making harmless or removing the HazMat. Director of Emeraencv Services: The individual responsible for all response activities within the assigned EOC throughout the operational period. Disaster: The occurrence or imminent threat of widespread or severe damage; injury or loss of life or property resulting from any natural or manmade cause including earthquake, flood, tsunami, power outage, SSO other public calamity requiring emergency action. Disaster Service Worker: Any persons registered with a disaster council or State IDES to provide disaster service without pay. Disaster service workers include public employees, registered volunteers, and person pressed into service during an emergency by persons authorized to command such services. Disaster Support Area: A special facility where disaster relief resources can be received, stockpiled, allocated, and dispatched. A separate portion of the area may be Used to receive and provide emergency treatment to casualties and for their transfer to adequate medical care facilities. Documentation Unit: Functional unit within the Planning /Intelligence Section of the EOC responsible for collecting, recording and safeguarding all documents relevant to the EOC operational period. Emergency: A condition of extreme peril to the safety of persons and /or property caused by such conditions as fire, flood, hazardous material incident, sudden and severe energy shortage, etc. Emeraencv Operations Center (EOC): A centralized location where individuals responsible for responding to a large scale emergency can have immediate communication with each other and . with District management for the purpose of enhancing coordination in exercising direction and control of emergency response and recovery efforts. Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN Emergency Manager: A position called for in the Emergency Organization to oversee the implementation of the District's comprehensive Emergency Management Plan at the local level. Emergency Organization: Organization to direct and control operations of the District during a period of emergency with assigned responsibilities and tasks for planning, response, and recovery in emergency situations. Emergency Plan: The Plan that each agency or jurisdiction has developed and maintains for responding to appropriate hazards. Federal Assistance (Federal definition): Aid to disaster victims or State or local governments by federal agencies under the provisions of the Federal Disaster Relief Act (P.L. 93 -288) and other statutory authorities of federal agencies. Finance /Administration Section: One of the five primary functions found at all SEMS levels which is responsible for all costs and financial considerations associated with an agency's disaster operation. Function: Describes the activity involved, e.g., "the Operations function" for the five major EOC levels (Management, Operations, Planning /Intelligence, Logistics, and Finance /Administration) used in the Incident Command System (ICS). Hazard: Any source of danger or element of risk to people or property. Hazardous Material: A substance or combination of substances which, because of quantity, concentration, physical, chemical, radiological, explosive, or infectious characteristics, poses a substantial present or potential danger to humans or the environment. Generally, such materials are classed as explosives and blasting agents, flammable and nonflammable gases, combustible liquids, flammable liquids and solids, oxidizers, poisons, disease - causing agents, radioactive materials, corrosive materials, and other materials including hazardous wastes. Hazardous Material Incident: Any release of a material (during its manufacture, use, storage, or transportation) which is capable of posing a risk to health, safety, and property. Areas at risk include facilities that produce, process, transport, or store hazardous material, as well as all sites that treat, store, and dispose of hazardous material. Incident Action Plan (IAP): An oral or written plan containing general objectives reflecting the overall strategy for managing an incident. It may include the identification of operational resources and assignments. It may also include attachments that provide direction and important information for management of the incident during one or more operational periods. • Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN Incident Commander (ICI: The individual responsible for the command of all functions at the field response level. Incident Command Post (ICP): The location at which the primary command functions are executed. The ICP may be collocated with the incident base i.e. District headquarters or other incident base or other incident facilities. Incident Command System (ICS): The nationally used standardized on -scene emergency management concept specifically designed to respond to single or multiple incidents without being hindered by jurisdictional boundaries. This system allows for facilities, equipment, personnel, procedures and communications to operate within a common organizational structure which is understood by all participants, in managing the incident. Incident Objectives: Statements of guidance and direction for planning appropriate actions to be taken in response to the disaster situation(s). They are based on realistic expectations of what can be accomplished when all allocated resources have been effectively deployed. The EOC action plan utilizes incident objectives in formulating strategies and the movement of resources. Joint Information Center (JIC): A facility established to coordinate all incident - related public information activities. It is the central point of contact for all news media at the scene of the incident. Public information officials from all participating agencies should collocate at the JIC. Joint Information System (JIS): Integrates incident information and public affairs into a cohesive organization designed to provide consistent, coordinated, timely infonmation during crisis or incident operations. The mission of the JIS is to provide a structure and system for developing and delivering coordinated interagency messages; developing, recommending, and executing public information plans and strategies on behalf of the incident commander (IC); advising the IC concerning public affairs issues that could affect a response effort; and controlling rumors and inaccurate information that could undermine public confidence in the emergency response effort. Jurisdiction: The range or sphere of authority. Public agencies have jurisdiction at an incident related to their legal responsibilities and authority for incident mitigation. Jurisdictional authority at an incident can be political / geographical (e.g., special district, city, county, state or federal boundary lines), or functional (e.g., police department, health, department, etc.) Jurisdictional Agency: The agency having jurisdiction and responsibility for a specific geographical area, or a mandated function. • Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN Level 1 Emergency: Minor to moderate emergency usually handled at the local level such as power outage, SSO less than 1,000 gallons, flooding or minor earthquake (no injuries or significant damage). Level 2 Emergency: Moderate to severe emergency where local resources are not adequate and mutual aid may be required on a regional or even statewide basis (e.g. SSO greater than 1,000 gallons, moderate earthquake with injuries and /or structural damage). Level 3 Emergency: Major emergency or disaster, where District and local resources are overwhelmed and the District declares a State of Emergency (e.g. SSO greater than 1,000 gallons and entering into waterways and properties, major earthquake, tsunami, etc.) Liaison Officer: A member of the EOC Management Staff responsible for coordinating with representatives from cooperating and assisting agencies EOC. Local Emergency (State definition): The duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, earthquake, or other conditions which are, or are likely to be, beyond the control of the services, personnel, equipment, and facilities of a political subdivision and require the combined forces of other political subdivision to combat. Master Mutual Aid Agreement: The California Disaster and Civil Defense Master Mutual Aid Agreement made an entered into by and among the State of California, its various department and agencies, and the various political subdivision of the State. The agreement provides for support of one jurisdiction by another. Mitigation: Site specific action to minimize hazards and reduce the potential of injury or damage in an emergency. Mutual Aid: Mutual Aid occurs when two or more parties (or agencies) agree to fumish resources, services, personnel, facilities, etc., to each other in support of the emergency or disaster response. Mutual Aid Agreement: An agreement authorized under the Emergency Services Act, in which two or more parties agree to fumish resources and facilities and to render services to each and every other party of the agreement to prevent and respond to any type of disaster or emergency. Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN Multi - Agency or Inter - Agency Coordination (MAC): The participation of agencies and disciplines involved at any level of the SEMS organization working together in a coordinated effort to facilitate decisions for overall emergency response activities. National Incident Management System (NIMS): A system mandated by the federal government that provides a consistent nationwide approach for Federal, State, local, and tribal governments; the private sector, and nongovernmental organizations to work effectively and efficiently together to prepare for, respond to, and recover from domestic incidents, regardless of cause, size, or complexity. National Response Plan (NRP): The National Response Plan is an all- discipline, all - hazards plan that establishes a single, comprehensive framework for the management of domestic incidents. It provides the structure and mechanisms for the coordination of Federal support to State, local and tribal incident managers and for exercising direct Federal authorities and responsibilities. National Warning System (NWS): The federal portion of the civil defense warning system, used to disseminate warning and other emergency information from the warning centers or regions. to warning points in each state. Office of Emergency Services (OES): Part of the Governor's office, the primary State agency responsible for the coordination and administration of statewide operations to support emergency mitigation, preparedness, response, and recovery activities within California. Operational Area (OA): An intermediate level of the state emergency organization, consisting of a county and all political subdivisions within the county area. Operations Section: One of the five primary functions found at all SEMS levels. This Section is responsible for all tactical operations at the incident or for the coordination of operational activities at an EOC. It may be supported by branches or units with speck technical expertise as needed in response to the emergency situation. Plannina / Intelligence Section: One of the five primary functions found at all SEMS levels. Responsible for the collection, evaluation, and dissemination of information related to the emergency or disaster, and for the preparation and documentation of Incident or EOC Action Plans. This Section may include Situation Status i.e. Runners & Plotters, Communications, and Documentation units. Public Information Officer (PIO): The function at field or EOC level that is responsible for preparing public information releases and interacting with the media throughout the operational period. Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN Regional Emergency Operations Center (REOC): The Regional Emergency Operations Center is the first level facility of the Office of Emergency Services to manage a disaster. It provides a single consistent emergency support staff operating from a fixed facility, whose staff are responsible to the needs of the operational areas and coordinates with the State Operations Center. Robert T. Stafford Disaster Relief and Emergency Assistance Act, P.L. 93 -288 as amended: Give the President broad powers to supplement the efforts and available resources of state and local governments in carrying out their responsibilities to alleviate suffering and damage resulting from declared emergencies and major disasters. Safety Officer: The function at the field or EOC level responsible for monitoring and assessing safety hazards or unsafe conditions, and for developing measures for ensuring personnel safety. At the EOC level, this function reports directly to the EOC Director but may coordinate duties with other functions. This function may have additional staff assigned to it. • Section: The organization level responsible for a major functional area within the EOC, i.e., Operations, Planning /Intelligence, Logistics, Finance /Administration. 0 Special Districts: A unit of local government i.e. Water, School, Sanitary, Cemetery Districts, etc. These districts are part of the State Emergency Organization and as such, coordinate with the Orange County Operational Area (O.A.) and all political subdivisions i.e. incorporated Cities, in supporting disaster preparedness and response activities. Standard Operating Procedures (SOP): A set of instructions having the force of a directive, covering those features of operations which lend themselves to a definite or standardized procedure. Standard operating procedures support an annex by indicating in detail how a particular task will be carried out. Standardized Emergency Management System (SEMS): A system required by California Government Code for managing response to multi- agency and multi - jurisdictional emergencies in California. SEMS consists of five organizational levels which are activated as necessary: Field Response, Local Government, Operational Area, Region, and State. Start-up Actions: These can be either general, or specific to a particular function at the incident or in the EOC. General Start-up Actions are those taken by the first personnel to arrive. Specific Start-up Actions are those related to a particular function. • Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN Unified Command (UCI. An application of ICS used when there is more than one agency with incident jurisdiction or when incidents cross political jurisdictions. Agencies work together through the designated Unit: An organizational element having functional responsibility. at the incident or in the EOC. Units operate under the direction of a Section Chief. 1.2 Acronyms DOC Department Operations Center DSW Disaster Service Worker EOC Emergency Operations Center IAP Incident Action Plan IC Incident Commander ICP Incident Command Post ICS Incident Command System : JIC Joint Information Center JIS Joint Information System MAC Multi- Agency Coordination NIMS National Incident Management System NRP National Response Plan NWS National Warning System OA Operational Area OCSD Orange County Sanitation District OES Office of Emergency Services PIO Public Information Officer Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN REOC Regional Emergency Operations Center SCADA Supervisory Control and Data Acquisition SEMS Standardized Emergency Management System SOC State Operations Center SOP Standard Operating Procedures SSO Sanitary Sewer Overflow UC Unified Command WERCO Water Emergency Response Organization of Orange County. • • • Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN APPENDIX* 5 EMERGENCY w CONTACT INFORMATION • Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN Cost Mesa Sanitary District Emergency Operations Center Section Phone Listing Management 949 -645 -8400 Operations Planning Logistics Finance Liaison EOC Fax 949- 650 -2253 Location: Board Room CMSD Headquarters 628 W. 19th Street Costa Mesa, CA 92627 • E, • • Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN Emergency Phone Numbers City of Costa Mesa EOC — Main Number, 714 -327 -4102 Director 714- 327 -4126 P IO 714 -327 -4107 Operations 714- 327 -4111 Logistics 714- 327 -4122 Planning 714- 327 -4117 Finance 714- 327 -4112 JIC Main/Manager 714- 754 -5308 JIC Hotline Number 714- 327 -4141 JIC Fax Number 714- 754 -4809 EOC Fax Number 714- 327 -4139 OCSD Control Center 24hrs Ask for operations supervisor 714 -593 -7025 EOC Fax 714- 965 -6777 WEROC North EOC (Orange) 714 -288 -8200 WEROC Fax 714 - 288 -8206 Kelly Hubbard (W) 593 -5010 (H) 626- 963 -1951 EOC Manager Cell 715 -0283 Keith Lyon (W) 593 -5009 (H) 909 - 597 -6810 (Cell) 715 -0408 Karl Seckel (W) 593 -5024 (H) 540 -4087 (Cell) 423 -3361 Kevin Hunt (W) 593 -5026 (H) 962 75663 Cell 334 -6601 ORANGE COUNTY EOC 714- 628 -7054 EOC Activation 714- 628 -7060 24hr Emergency Notification 714- 628 -7008 EOC Manager 714- 628 -7059 City of Newport Beach EOC — 949- 631 -8883 Management 949 - 795 -9782 Katie Ein PIO 949 -244 -0032 2417 EOC Fax Number 949 - 644 -3637 Mesa Consolidated Water Dist EOC Mainline 949- 631 -8883 EOC Communications 949 - 631 -5689 EOC Fax 949 - 574 -1033 STATE OFFICE OF EMERGENCY SERVICES (OES) REGION 1 562- 795 -2900 Los Alamitos OES Fax 562 - 795 -2963 I" • • S . Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN ANNEX A � BOARD.OF DIRECTORS DUTIES AND RESPONSIBILITIES • Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN The role of the Board of Directors during an emergency is to support the General Manager and the activities of the Emergency Operation Center (EOC). The President and Board do not have a direct role in the emergency operations. Action Checklist ❑ Respond when called to the EOC to receive a briefing from the General Manager on the nature and status of the emergency. ❑ Assist the General Manager in providing liaison to other elected officials and public /community organizations. ❑ Hold Board meeting as required to address legal or policy issues arising from the emergency. ❑ Be available for public information purposes as requested by the General Manager. 0 • Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN ANNEX B � RECOVERY OPERATIONS MANUAL • • Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN Recovery Operations Manual Concept of Operations Recovery Operations The Costa Mesa Sanitary District and other public organizations serving the communities of Costa Mesa and Newport Beach will be involved in recovery operations. In the aftermath of a disaster, many citizens will have specific needs that must be met before they can pick up the thread of their pre- disaster lives. Typically, there will be a need for such services as these: • Assessment of the extent and severity of damages to homes and other property; • Restoration of services generally available in communities - water, sewer, food, refuse collection and medical assistance; • Repair of damaged homes and property; • Professional counseling when the sudden changes resulting from the emergency have resulted in mental anguish and inability to cope. The District will help individuals and families recover by ensuring that refuse collection and sewer services are available and by seeking additional resources if the community needs them. Two Phases Recovery occurs in two phases: short -term and long -term. Short-term recovery operations will begin during the response phase of the emergency,. The major objectives of short-term recovery operations include rapid debris removal and clean -up, and orderly and coordinated restoration of sanitary systems. Short-term recovery operations will include all the agencies participating in the District's disaster response. The major objectives of long -term recovery operations include: Coordinated delivery of long -term social and health services; An improved CMSD Emergency Operations Plan; 0 ® Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN Re- establishing sewer systems to pre- disaster levels; Recovery of disaster response costs; and The effective integration of mitigation strategies into recovery planning and operations. Costa Mesa Sanitary District and /or appropriate public agencies will handle long term recovery activities on its own, separate from the Orange County Operational Area. Changes to the plan will be coordinated with all participating District staff and agencies. Short-Term Recovery The goal of short-term recovery is to restore District services to at least minimal capacity. Short-term recovery includes: • Restoration of pump stations and sewer system; . • Re- establishment of the District's government operations; • Debris removal and clean -up operations including any disinfection; and • Restoring regular refuse and recycling collection services. For federally- declared disasters, tele- registration centers may be established by the Federal Emergency Management Agency (FEMA) to assist disaster victims and businesses in applying for individual assistance grants and Small Business Administration loans. The City of Costa Mesa and /or the City of Newport Beach will provide sheltering for disaster victims until housing can be arranged. The District will assist the City of Costa Mesa and the City of Newport Beach in ensuring that debris removal and clean -up operations are expedited during short-term recovery operations. Long -Term Recovery The goal of long -term recovery is to restore facilities to pre- disaster condition. Long- term recovery includes hazard mitigation activities, restoration and reconstruction of public facilities, and disaster response cost recovery. Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN Hazard mitigation actions will need to be coordinated and employed in all activities by the District and public agencies in order to ensure a maximum reduction of vulnerability to future disasters. The District along with other public agencies will strive to restore essential facilities to their pre - disaster condition by retrofitting, repairing or reconstructing them during long -term recovery operations. RECOVERY OPERATIONS ORGANIZATION For the Costa Mesa Sanitary District, recovery operations will be managed and directed by the General Manager. Recovery issues involving other jurisdictions and /or special districts will be coordinated and managed between the General Manager and their designated representatives. On a regularly scheduled basis, the General Manager will convene meetings with department managers, key individuals, and representatives from affected jurisdictions and public agencies. These meetings will be held to collectively make policy decisions and to gather and disseminate information regarding completed and ongoing recovery operations. The District departments will also be represented and responsible for certain functions throughout the recovery process. RECOVERY OPERATIONS RESPONSIBILITIES The District along with affected jurisdictions and public agencies have specific responsibilities in recovering from a disaster. The functional responsibility chart, listed below, depicts the functional responsibilities assigned to each of the departments and /or key personnel, the Orange County Operational Area, and affected jurisdictions. Function Political process management; interdepartmental coordination; policy development; decision making; and public information. Land use and zoning variance; permits and controls for new development; revision of building regulations and codes; code enforcement; plan review; and building and safety inspections. Restoration of medical facilities and associated services; continue to provide mental health services; and perform environmental reviews. Departments/Aaencies CMSD, City of Costa Mesa, City of Newport Beach City of Costa Mesa, City of Newport Beach County Health Department Debris removal; demolition; construction; management of City of Costa Mesa, and liaison with construction contractors; restoration of City of Newport Beach utility services. CMSD, MCWD • • 0 C �J 17-J . f Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN Housing programs; assistance programs for the needy; oversight of care facility property management; low income and special housing needs. Public finance; budgeting; contracting; accounting and claims processing; taxation; insurance settlements. Redevelopment of existing areas; planning of new redevelopment projects; and financing new projects. Applications for disaster financial assistance; liaison OES, District &with assistance providers; onsite recovery support; disaster financial assistance project management. Advise on emergency authorities, actions, and associated liabilities; preparation of legal opinions; preparation of new ordinances and resolutions. Government operations and communications; space acquisition; supplies and equipment; vehicles; personnel; and related support. County Social Services, City of Costa Mesa, City of Newport Beach CMSD Finance Dept Costa Mesa Redevelopment NB Redevelopment CMSD County of Orange District Counsel CMSD Finance Dept RECOVERY DAMAGE /SAFETY ASSESSMENT Under the District's Emergency Operations Center's Standard Operating Procedures, an Initial Damage Estimate is developed during the emergency response phase to support a request for gubematorial proclamation and for the State to request a presidential declaration. This is followed by a detailed assessment of damage during the recovery phase by the District and other public agencies. This detailed assessment. provides the basis for determining the type and amount of state and /or federal financial assistance available for recovery. In coordination with County OES, the District will complete the detailed damage /safety assessment. DOCUMENTATION Documentation is the key to recovering emergency response and recovery costs. Damage assessment documentation will be critical in establishing the basis for eligibility of disaster assistance programs. Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN NDAA Requirements Under the State Natural Disaster Assistance Act (NDAA), documentation is required for damage sustained to public buildings, irrigation works, pump stations and sewer lines. Federal Requirements Under federal disaster assistance programs, documentation must be obtained regarding damage sustained to: • roads; • water control facilities; • public buildings and related equipment; • public utilities; • facilities under construction; • recreational and park facilities; • educational institutions; and • certain private non - profit facilities. Debris Removal Debris removal and emergency response costs incurred by the affected entities should also be documented for assistance purposes under the federal programs. It will be the responsibility of the District to collect documentation of District related damages. The documented information should include the location and extent of damage, and estimates of costs for debris removal, emergency work, and repairing or replacing damaged facilities to pre- disaster condition. Building Codes The cost of compliance with building codes for new construction, repair, and restoration will also be documented. The cost of improving facilities may be included under federal mitigation programs. Documentation is key to recovering expenditures related to emergency response and recovery operations. For the Costa Mesa Sanitary District and public agencies, documentation must begin at the field response level and continue throughout the operation of their Emergency Operations Center as the disaster unfolds. • 0 • Costa Mesa Sanitary District EMERGENCY OPERATIONS PLAN ANNEX,C � EMERGENCIES ORDINANCE Chapter 18.03 Emergencies a Section 18.03.010. Purpose. The purpose of this apter is to provide for the preparation and carrying out of plans for the protection of persons and property within the District in the event of the emergency or disaster conditions hereafter referred to; the direction of the disaster organization; and the coordination of the disaster functions of the District with the City, County, OCSD and with all other public agencies, corporations, organizations and affected private persons. Section 18.03.020. Definitions. For the purpose of this chapter, certain words and terms are defined as follows: (a) "City" means the City of Costa Mesa or the City of Newport Beach; (b) "County" means the County of Orange; (c) "District" means the Costa Mesa Sanitary District; (d) "OCSD" means the Orange County Sanitation District; (e) "State of emergency" means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the State caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, earthquake or other conditions; (f) "Local emergency" means the existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a district, city, county or district and city or district and city and county, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, earthquake or other conditions. (g) Other terms used herein shall have meanings as used in the California Emergency Services Act. • V ., • Section 18.03.030. Emergency Operations Plan (EOP). The District shall prepare, adopt, implement and revise when necessary an Emergency Operations Plan that establishes the emergency organization, assigns tasks, specifies policies, and general procedures, and provides for coordination of planning efforts of the various agencies and service elements utilizing the Standardized Emergency Management System (SEMS) and meeting the requirements established by the National Incident Management System (NIMS). The objective of this plan is to incorporate and coordinate all agencies and personnel within the district into an efficient organization capable of responding to emergencies affecting the sanitary sewer system. Section 18.03.040. Emergency Operation Center (EOC) - Activation. The District's EOC shall be activated and shall function as an .emergency respondent organization, only: (a) Upon the declaration by the Governor of the state, or of persons authorized to act in his stead, of a "state of emergency" affecting and including the District; (b) Upon the declaration of a "local emergency" by the Board of Supervisors of the County, or by persons authorized to act in its stead, affecting and including the District; or (c) Upon the declaration of a "local emergency" by the City Council of a City within the District's boundaries, or by persons herein authorized to act in its stead. (d) Upon the declaration of the District General Manager that additional resources are needed for a single incident occurring within the District. Section 6.01.050. Emergency Operating Centers. Unless emergencies render the same impossible or unduly hazardous to safety, two emergency operating centers shall normally be maintained within the District; one of these at Headquarters (628 W. 19th Street), and the other at the Yard (174 W. Wilson Street). Section 18.03.060. Director of Emergency Services. The General Manager of the District shall be the director of emergency services. In the General Manager's absence or inability to act the General Manager shall automatically be succeeded as director of emergency services by the officials and persons named for this purpose, and in the order specified, in the EOP of the District. LJ e P Section 18.03.070. Powers of Succession. Each person who shall succeed to each position or office as provided herein, shall succeed to all the powers and duties of the office succeeded to immediately upon such succession. Section 18.03.080. Line of Succession for Board of Directors. The line of succession for the position of President during a state of emergency, local emergency or other condition of disaster, unless otherwise ordered by the Board of Directors, shall be Vice President followed by the Secretary and then the remaining Board of Directors in the order of their seniority. Section 18.03.090. Brown Act. The Brown Act provides that the usual rules with respect to noticing meetings are altered when an emergency ours. For purposes of the Brown Act, Government Code, Section 54956.5 provides that in cases: (a) involving a work stoppage, crippling activity or activity that severely impairs the public health and safety, (b) of dire emergency as a crippling disaster, mass destruction, or threatened terrorist act that poses peril so that giving of notice may endanger the public health or safety, or (c) as determined by a majority of the Board, the Board shall provide such notice as may be required by the Brown Act, which may require one -hour notice as provided in Government Code Section 54956.5((b)(2). Section 18.03.100. County Interaction. The District is signatory to the Operational Area Agreement of the County of Orange and Political Subdivisions. Such agreement coordinates the District resources and needs with the County's and other local government entities' and provides management in times of emergency through an Emergency Area Council and Executive Board. The standing subcommittee is the Orange County Emergency Management Organization (OCEMO). The District shall stay involved in OCEMO and maintain contact and other resource information. District's participation shall be pursuant to the Standardized Emergency Management System (SEMS) and its national counterpart (NIMS). (Ord 80, 2010) • Meeting Date Item Number 08/26110 1 X. B. �q,D��Plf tq4 �O COSTA WES U T AR l DISTgUcT ... an Independent Specia(Distnct Memorandum To: Board of Directors From: Scott Carroll, General Manage Date: August 26, 2010 Subject: Agreement with the City of Costa Mesa for Fleet Maintenance Services Summary On April 22, 2010, the Board of Directors directed staff to negotiate an Agreement with the City of Costa Mesa that would allow the City to maintain the District's fleet. District staff met with City staff on several occasions in which both sides have come to terms with an agreement, which is attached hereto. Staff Recommendation That the Board of Directors approves the Agreement with the City of Costa Mesa for fleet maintenance services. Analvsis Currently, District fleet is maintained by a private company located in Costa Mesa called Nextruck. The labor rate for Nextruck is $110.00 an hour. The City of Costa Mesa has agreed to a labor rate of $73.20 an hour. Under the terms of the Agreement, the City agrees to perform Preventive. Maintenance (PM) and repair work, transmission and cooling system services, maintain records for Biennial Inspection of Terminals (B.I.T.), and inspect all auxiliary equipment. A more detail description of all the services to be performed is described on Pages 1 and 2 of the Agreement. In addition, the City will provide District staff with PM notifications where the City will notify the District when vehicles are due for service. This is important so that District fleet does not fall behind in routine maintenance procedures and ensures the fleet is operating in peak performance. The r City will also provide the District with computerized maintenance management reports such as work history and downtime history per vehicle. (Protecting our community's heafth and the environment 6y providing solidwaste andsewer colTection services, www. crosdca.gov Board of Directors August 26, 2010 Paqe 2 of 3 If a vehicle(s) needs to be serviced after regular business hours and /or during weekends the vehicle(s) will be towed to the City garage to be serviced the following business day. The Costa Mesa City Council will be considering the attached agreement for approval at their September 7, 2010 meeting. If both agencies approve the agreement, services on District fleet will begin on September 8, 2010. Strategic Element & Goal This item supports achieving Strategic Element No. 3.0, Partnership, and Strategic Goal No. 3.2, Strengthen our ties with Cities of Costa Mesa, Newport Beach and the County of Orange. Legal Review District Counsel has reviewed and approved the attached agreement to form. Financial Review The District will experience significant savings in the labor rate. The labor rate will decrease by 33% from $110.00 to $73.20 an hour. The District will also experience a savings in parts costs because the City is going to pass through the direct cost to the District with no markups. The annual cost is estimated to be $10,000 a year for preventive maintenance. This does not include costs for repairs. In theory, when preventive maintenance is performed on a regular basis you experience fewer repairs; however, we have an older fleet that may experience more than usual repairs. Staff will monitor the amount of repair work that is performed on our fleet. In 09 -10, the District spent $20,127.68 on fleet maintenance with Nextruck. Committee Recommendation Not applicable Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the August 26, 2010 Board of Directors regular meeting at District Headquarters. Alternative Actions 1. Do not approve the Agreement and refer the matter back to staff for additional information. s Board of Directors August 26, 2010 Pa4e 3 of 3 Attachments A: Agreement with the City of Costa Mesa zed b Reviewed by: Alan Burns Sherry allab District Counsel Administrative Manager • AGREEMENT FOR COSTA MESA SANITARY DISTRICT - VEHICLE MAINTENANCE SERVICES THIS AGREEMENT is ma d e a nd effective a s o f 2010 , between the Costa Mesa Sanitary District, a sanitary district ( "District ") and the City of Costa Mesa, a municipality ( "City "). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on , 2010, and shall remain and continue in effect until tasks described herein are completed, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES City shall perform the tasks described and set forth in Paragraph 3. City shall complete the tasks according to the schedule of performance which is also set forth in Paragraph 3. 3. PERFORMANCE City shall at all times faithfully, competently and to the best of his /her/ its ability, experience, and talent perform all tasks described herein. City shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of City hereunder in meeting its obligations under this Agreement. A. Upon District request, City shall perform maintenance on the District vehicles and equipment identified in Exhibit A, which may be amended if and when the District vehicle fleet expands. B. Upon District request, City shall perform the following services on District vehicles and equipment: 1. Preventive Maintenance (PM) that consist of the following tasks: (a) Change lube, oil and filter on main engine and auxiliary engine(s) as applicable per manufacturer's recommendation. (b) Chassis lubrication at all points and check drive belts, battery and hoses for maintenance or appropriate replacement as needed; (c) Brake inspection; (d) Inspect for any possible fluid leaks and top -off all fluids for engine and transmission oil, coolant, brakes, power steering and windshield washers; (e) Check and replace windshield wiper blades as necessary; (f) Check wheel bearings, tire pressure, wheel conditions - including alignment and balancing, axle -seals and recommend corrective action above and beyond lubrication; (g) Inspect for any possible electrical shorts, including light bulbs; (h) Miscellaneous safety inspection; including all required inspections to meet all DOT requirements. (i) Other corrective maintenance services as requested / needed. 2. Light duty and utility vehicles are due for PM when they have traveled 3,000 miles or surpassed three months of service, whichever comes first. 3. Heavy duty vehicles are due every 90 days as per DOT regulation, or three hundred (300) hours of operation, whichever comes first. 4. During PMs if it is noticed that a District vehicle needs new brakes, tires, major electrical improvements, or other necessary repairs, the PM form will become a repair work order, at which time the City will notify.the District in writing or by e -mail to obtain authorization to proceed before the repair is performed, as required by California State law. City will not perform the repair until receiving approval from District authorized personnel in writing or e-mail. City will also notify District of the estimated downtime before completing the repair. 5. Transmission service on heavy duty vehicles will be performed based on manufacturer's recommendation; every 3,000 hours or 3 years, whichever comes first if serviced with "Transynd" (Allison Synthetic long life automatic transmission fluid), or 300 hours or once a year, whichever comes first, if serviced on standard automatic transmission fluid 6. Cooling system shall be serviced and coolant replaced at manufacturer's recommended interval. 7. ' Hydraulic systems in heavy duty vehicles shall be inspected every 1,000 hours of operation and replaced at manufacturer's recommended interval. 8. Inspect all auxiliary equipment as required per manufacturer's recommendations. Inspect the operational portion of sewer cleaning truck to include the vacuum impeller, auxiliary , engine, cooling system, fuel /air /oil filters, and other associated equipment and systems. 9. CMSD will obtain carrier identification number, when applicable from the California Highway Patrol (CHP) by completing a "Motor Carrier Profile" form CHP 362 and submit to the CHP. Coordinate Biennial Inspection of Terminals (B.I.T.) inspections with the CHP every 90 days, in which the CMSD will maintain the required `pull notice program' and `pre -trip' inspection record keeping. City will not be responsible for record keeping associated with those programs. City personnel will be available to assist during any required inspections; standard labor rates will apply. 10. PM Notification Procedures — City will provide electronic notifications to District personnel at- least 30 days before PM is due to schedule a time and day for which District vehicle can be delivered to the City's garage. 11. Reports — Upon request from the District, City will provide District with computerized maintenance management reports for each vehicle. Reports may include, but are not limited to work history, downtime history, or other information currently available from the City's "Fleet Anywhere" software program. 12. All CMSD vehicles to be delivered to City Corporation Yard and picked up by CMSD personnel. 13. Any required travel to outside vendors will be performed by CMSD personnel, unless approved in advance by CMSD for City personnel transportation, which will be charged at standard labor rates. 14. No fuel will be provided by the CITY OF COSTA MESA. 15. All legally mandated requirements (Smog testing, Opacity testing, Diesel Particulate Filters, CHP B.I.T. inspections, etc.) will be performed by CMSD personnel, unless otherwise requested by or approved by CMSD for City personnel to coordinate. Standard labor rates will apply. 16. Towing of inoperable CMSD vehicles to be scheduled by and charged to CMSD, unless CMSD requests this service by City. City to charge actual costs for tow service to CMSD. 17. City personnel called out to perform repairs in the field either during or after hours will be charged from the time of receiving the call at the agreed upon hourly rate. After hours calls will be charged at the rate of time and one half (1 Y2) for a minimum of two hours. 0 18. City personnel will not perform inspections or repairs of any lifting or hoisting devices, cranes or other specialty lifting equipment as part of this Agreement. 19. City will charge District accordingly for disposal of waste tires, oils and those items that are subject to regulatory disposal guidelines. 4. DISTRICT MANAGEMENT District's Operations Manager shall represent District in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by City, but not including the authority to enlarge the Tasks to be Performed or change the compensation due to City. The District's General Manager shall be authorized to act on District's behalf and to execute all necessary documents which enlarge the Tasks to be Performed or change City's compensation, subject to Section 5 hereof. 5. PAYMENT (a) The District agrees to pay the City monthly, in accordance with the labor rate of $73.20 per hour as per industry standard Flat Rate Manual for services rendered. The labor rate charged to the District by the City may be reviewed by the City one time each fiscal year to determine if any changes in actual costs incurred by the City for c �J providing the services covered by the Agreement warrant an increase in the labor-rate. Should the City determine that an increase is, justified the City shall make a written request to the District thirty days prior to the start of the proposed increase. The District retains the right to deny and /or negotiate any rate increase to the satisfaction of both parties. The District shall, in writing, provide notice of acceptance or request negotiation prior to the expiration of the thirty day notice period. Lack of response by District by the end of the thirty day period shall be considered acceptance of the proposed increase All unique repairs such as welding, fabrication, extraction of broken studs /bolts will be charged on an hourly basis. In addition, the District agrees to pay for direct costs the City paid for procuring parts and /or outsourcing services to a private vendor, with prior CMSD approval. (b) City shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the District General Manager. City shall be compensated for any additional services in the amounts and in the manner as agreed to by District General Manager and City at the time District's written authorization is given to City for the performance of said services. The District General Manager may approve additional work not to exceed the greater of fifteen - thousand dollars ($15,000.00) or two percent (2 %) of the total annual contract sum. Any additional work in excess of this amount shall be approved by the Board of Directors. (c) City will submit invoices for actual services performed including parts and labor. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, *for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non - disputed fees. If the District disputes any of City's fees it shall give written notice to City within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The District may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the City at least ten (10) days' prior written notice. Upon receipt of said notice, the City shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the District suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. (b) The City may at any time, for any reason, with or without cause, terminate this Agreement, by serving upon the District at least thirty (30) days' prior written notice. (c) In the event this Agreement is terminated pursuant to this Section, the District shall. pay to City the actual value of the work performed up to the time of termination. Upon termination of the Agreement pursuant to this Section, the City will submit an invoice to the District pursuant to Section 5. . 4 7. DEFAULT OF CITY (a) The City's failure to comply with the provisions of this Agreement shall constitute a default. In the event that City is in default for cause under the terms of this Agreement, District shall have no obligation or duty to continue compensating City for any work performed after the date of expiration of the cure period set out in subsection 7(b) hereof as to such default and District can terminate this Agreement immediately by written notice to the City. If such failure by the City to make progress in the performance of work hereunder arises out of causes beyond the City's control, and without fault or negligence of the City, it shall not be considered a default. (b) If the District General Manager or his /her delegate determines that the City is in default in the performance of any of the terms or conditions of this Agreement, he /she shall cause to be served upon the City a written notice of the default. The City shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the City fails to cure its default within such period of time, the District shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. OWNERSHIP OF DOCUMENTS (a) City shall maintain complete and accurate records with respect to vehicle maintenance by listed vehicle and other such information required by District that relates to the performance of services under this Agreement. City shall is maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. City shall provide free access to the representatives of District or its designees at reasonable times to such books and records; shall give District the right to examine and audit said books and records; shall permit District to make transcripts there from as necessary; and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. (b) Upon completion, termination or suspension of this Agreement all records of vehicle maintenance by listed vehicle and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the District and may be used, reused or otherwise disposed of by the District without the permission of the City, subject to the Public Records Act. All vehicle maintenance records by listed vehicle will be transferred to the follow -on agreement with the current City or other agency as determined to be in the best interest of the District. With respect to computer files, City shall make available to the District, at the City's office and upon reasonable written request by the District, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer data files. • 5 9. INDEMNIFICATION (a) The City shall indemnify and defend the District from any and all claims, demands, liabilities, damages, losses, costs and expenses, including attorney's fees arising from: 1. The repair work done on District vehicles. 2. Bodily injury or property damage caused by the intentional or negligent driving, test driving or moving of the vehicles while the vehicles are in the possession of City personnel. 3. Injuries to City employees who work on District vehicles, except as they may be caused by the negligence or intentional misconduct of District employees or agents. 4. Loss or damage to District vehicles while in possession. of City personnel except that such liability shall be limited to that of a bailee who fails to take reasonable steps to protect such vehicles, including theft and fire. 5. Bodily injury or property damage to the extent caused by City equipment failure. 6. .Improper disposal by City of hazardous wastes, oils, lubricants or tires that emanate from District vehicles. (b) District shall indemnify and defend the City from any and all claims, demands, liabilities, damages, losses, costs and expenses, including attorney's fees arising from: 1. Acts of District employees or agents in bringing the vehicles onto City property that cause damage to persons or property by intentional or negligent act. 2. Acts of District employees or agents in. operating District vehicles before or after any services performed by City on said vehicles. 10. INSURANCE City procures and administers self- insured general liability and environmental insurance programs. District procures and administers self- insured general liability and environmental insurance programs. 11. INDEPENDENT (a) City is and shall at all times remain as to the District a wholly independent public entity. The personnel performing the services under this Agreement on behalf of City shall at all times be under City's exclusive direction and control. Neither District nor any of its officers, employees, or agents shall have control over the conduct of City or any of City's officers, employees, or agents, except as set forth in this Agreement. City shall not at any time or in any manner represent that it or any of its officers, employees, 6 or agents are in any manner officers, employees, or agents of the District. City -shall not incur or have the power to incur any debt, obligation, or liability whatever against District, or bind District in any manner. 40 (b) No employee benefits shall be available to City in connection with the performance of this Agreement. Except for the fees paid to City as provided in the Agreement, District shall not pay salaries, wages, or other compensation to City for performing services hereunder for District. District shall not be liable for compensation or indemnification to City for injury or sickness to City's employees arising out of performing services hereunder, except that resulting from District's negligence or intentional misconduct. 12. LEGAL RESPONSIBILITIES The City shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The City shall at all times observe and comply with all such laws and regulations. All legally mandated requirements (Smog testing, Opacity testing, Diesel Particulate Filters, CHP B.I.T. inspections, etc.) are the responsibility of CMSD. The District, and its officers and employees, shall not be liable at law or in equity for failure of the City to comply with this Section. 13. UNDUE INFLUENCE City declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the Costa Mesa Sanitary District in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement or financial inducement. No officer or employee of the Costa Mesa Sanitary District will receive compensation, directly or indirectly, from City, or from any officer, employee or agent of City, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the District to any and all remedies at law or in equity. 14. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES No member, officer, or employee of District, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his /her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub - agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement. 15. RELEASE OF INFORMATION / CONFLICTS OF INTEREST (a) Except as otherwise provided by law, including the Public Records Act, all information gained by City in performance of this Agreement shall be considered confidential and shall not be released by City without District's prior written is authorization. City, its officers, employees, agents or subcontractor, shall not without written authorization from the District General Manager or unless requested by the • District Counsel, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the District. Response to a subpoena, court order or Public Records Act request shall not be considered "voluntary" provided City gives District notice of such court order, subpoena or request. (b) City shall promptly notify District should City, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, requests for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the District. District retains the right, but has no obligation, to represent City and /or be present at any deposition, hearing, or similar proceeding. City agrees to cooperate fully with District and to provide the opportunity to review any response to discovery requests provided by City. However, District's right to review any such response does not imply or mean the right by District to control, direct, or rewrite said response. 16. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice: To District: Costa Mesa Sanitary District 628 West 19th St Costa Mesa, CA 92627 Attn: District Clerk To City: City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92626 Attn: City Clerk 17. GOVERNING LAW The District and City understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the. parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior or federal district court with jurisdiction over the Costa Mesa Sanitary District and the City of Costa Mesa. 8 18. ENTIRE AGREEMENT - This Agreement contains the entire understanding between the parties relating to • the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. MODIFICATION This Agreement may not be modified unless in writing and signed by the parties' representatives with legal authority to make such modifications. 20. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of City warrants and represents that he /she has the authority to execute this Agreement on behalf of the City and has the authority to bind City to the performance of its obligations hereunder. The person or persons executing this Agreement on behalf of District warrants and represents that he /she has the authority to execute this Agreement on behalf of the District and has the authority to bind District to the performance of its obligations hereunder r 21. INTERPRETATION In the event of conflict or inconsistency between this Agreement and any other document, including any proposal or Exhibit hereto, this Agreement shall control unless a contrary intent is clearly stated. is IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. 0 COSTA MESA SANITARY DISTRICT General Manager ATTEST: District Clerk APPROVED AS TO FORM: District Counsel • • 10 CITY OF COSTA MESA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Exhibit A District Vehicles and Equipment, as of July 1, 2010 Vehicles 1. 1990 heavy duty Ford diesel 4,000 gallon water truck 2. 1992, heavy duty single axle Kenworth diesel Vactor 2110 combination sewer cleaning truck 3. 2002 one ton Chevrolet diesel 3500 Silverado crane service truck 4. 2008 3/ ton Chevrolet diesel 2500 Silverado pickup truck Equipment 1. 1998 Lukes Diesel Trailer Mounted Generac Generator Model GR190; 2. 1998 Lukes Diesel Trailer Mounted Generac Generator Model GR85; 3. 2008 trailer mounted by -pass pump 4. 2010 trailer mounted by -pass pump • II �h Meeting Data I Item Number 08/26/10 X. C. f °RPoR ... an Independent Specia[ District Memorandum To: Board of Directors From: Scott Carroll, General Managg � Date: August 26, 2010 Subject: Purchasing, Ordinance Summary On July 22, 2010, staff presented to the Board of Directors some options to amending the District's existing operational procedures for competitive bidding and purchasing. The Board directed staff to report back with a revised purchasing ordinance and a resolution for conforming to the California Uniform Public Construction Cost Accounting Act (UPCCAA). Staff Recommendation That the Board of Directors takes the following actions: 1. Adopt Resolution No. 2010 -789 electing to become subject to the California Uniform Public Construction Cost Accounting Act (UPCCAA); and 2. Adopt Ordinance No. 78 repealing Chapter 4.05 in its entirety from the Operations Code and establishing a new ordinance for competitive bidding and purchasing. Analysis On July 22, 2010, staff presented to the Board of Directors some options to amending the District's existing operational procedures for competitive bidding and purchasing. After hearing the options, the Board tentatively approved the following and directed staff to bring back a revised purchasing ordinance along with a resolution to become subject to the UPCCAA. • No bids required for public projects less than $5,000. • Obtain at least three bids, if practical, for public projects that are between $5,001 to $30,000. (Protecting our community's health and the environment by providing soCuf waste and sewer collection services. www.cmsdca.gov Board of Directors August 26, 2010 Page 2 of 3 41 • Implement informal bid procedures as described in the UPCCAA for public projects that are between $30,001 to $125,000. • The General Manager will have authority to sign contracts up to $125,000. • The General Manager will have authority to approve change orders up to 10% of the value of the contract. • Implement formal bid procedures as described in the UPCCAA for public projects over $125,000. • The Board will approve contacts over $125,000 and change orders that exceed 10% of the value of the contract. The Board also approved new purchasing procedures for non - public works projects such as maintenance contracts, which is describe below • No bids required for projects less than $5,000. • Obtain at least three bids, if practical, for non public projects that are between $5,001 to $30,000. • Implement informal RFP procedures for non public projects that are between $30,001 to $125,000. is • Implement formal RFP procedures for non public projects that are greater than $125,000. • Bids greater than $.30,000 will be evaluated by using the "Best Value" evaluation method. • No service contract with the same vendor shall be more than 5 years. The above mentioned revisions are incorporated in a new purchasing ordinance, which is attached hereto. Other sections in the ordinance that should be mentioned includes a description of the Purchasing Officer and he /her powers and duties, and using alternative purchasing procedures such as emergencies, "piggyback" purchases with other agencies, no competitive market, no bids received and purchase that are in the best interest of the District. Strategic Element & Goal This item supports achieving Strategic Element No. 5.0, Administrative Management, and Strategic Goal No. 5.1, Update Operations Code. Legal Review District Counsel has reviewed this report and approved to form the attached resolution and ordinance. is I Board of Directors August 26, 2010 • Page 3 of 3 Financial Review Adopting the resolution and ordinance will have no financial impact to the District. Committee Recommendation Not applicable Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the August 26, 2010 Board of Directors regular meeting at District Headquarters. U • Alternative Actions 1. Refer the matter back to staff for additional information. Attachments A: Resolution No. 2010 -789 B: Ordinance No. 78 Reviewed by: 64 44x-� Alan R. Burns District Counsel Attachment A 0 RESOLUTION NO. 2010 -789 RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT ELECTING TO BECOME SUBJECT TO THE CALIFORNIA UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT WHEREAS, prior to the passage of Assembly Bill No. 1666, Chapter 1054, Statutes of 1983, which added Chapter 2, commencing with Section 22000, to Part 3 of Division 2 of the Public Contract Code, existing law did not provide a uniform cost accounting standard for construction work .performed or contracted by local public agencies; and WHEREAS, Public Contract Code Section 22000 et seq., the Uniform Public Construction Cost Accounting Act, establishes such a uniform cost accounting standard; and WHEREAS, the Commission established under the Act has developed uniform public construction cost accounting procedures for implementation by local public agencies in the performance of or in the contracting for construction of public projects. NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary District hereby elects under Public Contract Code Section 22030 to become subject to the uniform public construction cost accounting procedures set forth in the Act and to the Commission's policies and procedures manual and cost accounting review procedures, as they may each from time to time be amended, and directs that the Clerk of the Board notify the State Controller forthwith of this decision. 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 Arlene Schafer Secretary President Pi • 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. was duly and regularly passed and adopted by said Board of Directors at a regular meeting thereof held on the day of 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 Attachment B • ORDINANCE NO. 78 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT REPEALING CHAPTER 4.05 IN ITS ENTIRETY FROM THE OPERATIONS CODE AND ESTABLISHING A NEW ORDINANCE FOR COMPETITIVE BIDDING AND PURCHASING WHEREAS, the District currently adheres to the California Public Contract Code, Section 20800 -20806 for sanitary districts; and WHEREAS, in 1983 the Uniform Public Construction Accounting Act was adopted that amended the California Public Contract Code to give public agencies more flexibility in competitive bidding and purchasing; and WHEREAS, it is the desire of the District to establish a uniform system for competitive bidding and purchasing that will provide for the fair and equitable treatment of all persons involved in the purchasing process and to obtain the highest possible value in exchange for public funds; and WHEREAS, it is the desire of the District to repeal Chapter 4.05 in its entirety from the Operations Code and establishing a new ordinance for competitive bidding and purchasing. NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary District does hereby ORDAIN as follows: Section 1. This Ordinance repeals Chapter 4.05 in its entirety from the Costa Mesa Sanitary District Operations Code and hereby replaces it to read as follows: "Chapter 4.05 Purchasing Section 4.05.010. Title. This chapter shall be known and may be cited and referred to as the "Purchasing Ordinance of the Costa Mesa Sanitary District." Section 4.05.020. General Purpose. The purpose of this chapter is to define a uniform system for the purchase of supplies, services and equipment by the District, to provide for the fair and equitable treatment of all persons involved in the purchasing process, to obtain the highest possible value in exchange for public funds and to safeguard the quality and integrity of the purchasing system. Section 4.05.030. Definitions. • (a). Unless otherwise indicated, the following definitions shall apply to all provisions of this chapter: • Purchasing Ordinance.. Page 2 of 9 1. "Act" means the Uniform Public Construction Cost Accounting Act found in Public Contract Code Section 22000 et seq. 2. "Alternative purchasing procedure" means purchasing supplies, services or equipment when any of the following situations exist: An emergency; no competitive market; competitive bidding already completed; state purchases; or no bids received. 3. "Best value" means the best value to the District based on all factors that may include, but not limited to the following: A. Cost; B. The ability, capacity and skill of a contractor to perform a contract or provide the supplies, services or equipment required; C. The ability of a contractor to provide the supplies, services or equipment promptly or within the time specified without delay or interferences; D. The character, integrity, reputation, judgment, experience and efficiency of a contractor; E. The quality of a contractor's performance on previous purchases /services with the District; and F. The ability of a contractor to provide future maintenance, repairs, parts and services for the use of the goods and services purchased. 4. "Authorized contracting party" means the District official or body provided with authority under this chapter to approve a contract or to make a purchase. 5. "General Manager" means the general manager or person designated by the general manager to perform all or some of the duties prescribed in this chapter. 6. "Commission" means the California Uniform Construction Cost Accounting Commission created by Division 2, Part 3, Chapter 2, Article 2 of the California Public Contracts Code (commencing at Section 22000). 7. "Direct bidding procedure" means quotes shall be obtained, if applicable for purchases more than five thousand dollars ($5,000) and less than thirty thousand dollars ($30,000) and a Pricing Quote Sheet completed. The general manager shall approve final selection • Purchasing Ordinance Page 3 of 9 8. "Emergency" for purposes of public projects shall have that meaning i provided in Public Contract Code Sections 22035 and 22050. Emergency for all other purchasing purposes means a situation which makes competitive bidding, either formal or informal, impractical or not in the best interests of the District. 9. "Formal bidding procedure" means a procedure which meets the requirements of state and local law, including the Act, this chapter and any policies and procedures approved by the general manager consistent with this chapter. 10. "Informal bidding procedure" means that at least three (3) bids shall be obtained from a predetermined vendor list for purchases of more than thirty thousand dollars ($30,000) and less than one hundred twenty five thousand dollars ($125,000) and the general manager shall approve final selection. 11. "Maintenance work" shall have that meaning provided in Section 22002(d) of the Act, as that Section may be amended from time to time. In accordance with the Act, maintenance work shall include, but shall not be limited to, all of the following: A. Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes. B. Minor painting. C. Sewer maintenance, including videotaping, cleaning, manhole restoration and pump station maintenance are repairs. D. Maintenance of facilities, including roof repairs, heating and air conditioning repairs, and electric repairs. E. Vehicle and equipment maintenance and repairs. 12. "Negotiated contract" shall mean a written agreement which details terms and conditions of the purchase. 13. "Professional services" means all services performed by persons in a professional occupation, including, but not limited to, consulting and performance services for accounting, auditing, computer hardware and software support, engineering, architectural, planning, financial, legal, management, environmental, communication and other similar professional functions which may be necessary for the operation of the District. 14. "Public project" shall have that meaning provided in Section 22002(c) of the Act, as that Section may be amended from time to time. In accordance with the Act, public project shall not include maintenance work. In addition, public project shall include, but shall not be limited to the following: 0 y Purchasing Ordinance Page 4 of 9 a. Construction, reconstruction, erection, alteration, renovation,. improvement, demolition involving any publicly owned, leased, or operated facility. 15. "Purchasing officer" means the general manager or his or her designee(s) as provided in Section 4.05.040. Pursuant to Section 4.05.040, the general manager may change his or her designation at any time Section 4.05.040. Purchasing Officer. The purchasing officer shall be the general manager or his or her designee(s). If the general manager designates one or more persons to act in this role, the purchasing officer(s) shall serve at the pleasure of the general manager. The duties of the purchasing officer may be combined with those of any other officer(s) or position(s). Section 4.05.050. Purchasing Officer - Powers, and duties. (a). The purchasing officer, in accordance with the policies set forth in this chapter and in any written procedures approved by the general manager consistent with this chapter, shall have the power to: 1. Purchase or contract for supplies, services and equipment required by the District. 2. Negotiate and recommend to the'Board. of Directors execution of contracts for the purchase of supplies, services and equipment. 3. Prepare and implement policies and procedures governing the bidding, contracting, purchasing, storing, distribution and disposal of_ supplies, services and equipment for the District. 4. Prescribe and maintain such forms as may be reasonably necessary to the implementation of this chapter and any other policies and procedures approved by the general manager consistent with this chapter. 5. Sell any supplies and equipment not needed for public use or that may become unsuitable for their intended use. 6. Develop and maintain any bidder's list, contractor's list or vendor's catalog file necessary to the operation of this chapter and any other policies and procedures approved by the general manager consistent with this chapter. Section 4.05.060. Purchasing Polices and Procedures. (a). The District shall secure supplies, public projects and equipment at the lowest cost commensurate with the quality and scope needed, and subject to any limitations imposed by state law. 0 . Purchasing Ordinance Page 5of9 (b). The District shall secure professional and maintenance services based on Best Value and subject to any limitations imposed by state law. (c). In purchasing, supplies, services and equipment, the District shall make use of competitive bidding, either direct, formal or informal, whenever required by law, this chapter, or any policies and procedures approved by the general manager consistent with this chapter. (d). Direct, formal or informal competitive bidding is not required, for instance, when an "emergency" is declared pursuant to Section 4.05.110(A) of this chapter. (e). Change Orders. The general manager shall have authority to approve change orders up to the cumulative amount of ten percent of the original contract. The Board of Directors shall have the authority to approve any change order in an amount exceeding ten percent of the original contract amount. Section 4.05.070. Bidding. Purchasing and Contracting. (a). $5,000 or less: Any purchase of $5,000 or less may be awarded by the general manager or his or her designee(s) responsible for the project by any direct bidding procedure as defined herein. (b). $5,001 - $125,000: Any purchase of more than five thousand dollars ($5,000), but less than or equal to one hundred twenty -five thousand dollars ($125,000) Is may be awarded by the general manager pursuant to the informal bidding procedure set forth in Section 4.05.100. (c). $125,001 or more: Any purchase of more than one hundred twenty -five thousand dollars ($125,000) shall be awarded by the Board of Directors pursuant to the formal bidding procedure set forth in Section 4.05.110. (d). District Engineer Approval: The district engineer shall review and approve the working details, drawings, plans, and specifications prepared for public projects. (e). Purchasing Officer Approval: The purchasing officer, or his or her designee, shall review and approve all contracts of five thousand dollars ($5,000) or more. (f). Five -Year Term Limitation: No agreement or contract shall extend for a period of more than five (5) years, including any authorized extensions. Excepted from the foregoing limitation shall be the trash and recycling contracts and the professional services contracts for those persons serving as District Officers including General Manager, District Engineer, District Counsel and District Treasurer. n L� Purchasing Ordinance Page 6 of 9 10 Section 4.05.080. No Bidding Requirement. In purchasing, supplies, services and equipment that will cost $5,000 or less no bids are required. The District shall negotiate the best price for the District and issue a purchase order. Section 4.05.090. Direct Bidding Procedure. (a) Direct bidding procedures shall be used for purchases between $5,001 and $30,000. (b) If practical, at least three (3) vendors or contractors shall be contacted to provide informal quotes. (c). Quotes received will be documented on the District "Quote Sheet ". (d). District's Authority: The District may reject any or all bids received, and may waive any minor irregularities in each bid received. Section 4.05.900. Informal Bidding Procedure. (a). Informal bidding procedures shall be used for purchases between $30,001 and $125,000. (b). Public projects, as defined by the Act and in accordance with the limits listed in Section 22032 of the Public Contract Code, may be let to contract by informal procedures as set forth in Section 22032, et seq., of the Public Contract Code. (c). A list of contractors shall be developed and maintained in accordance with the provisions of Section 22034 of the Public Contract Code and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission. (d). Notice Inviting Informal Bids. Where a public project is to be performed which is subject to the provisions of this chapter, a notice inviting informal bids shall be mailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with Section 4.05.100(B), and to all construction trade journals as specified by the .California Uniform Construction Cost Accounting Commission in accordance with Section 22036 of the Public Contract Code. The notice shall describe the project in general terms and how to obtain more detailed information about the project, and state a time and place for submission of the bids. Additional contractors and /or construction trade journals may be notified at the discretion of the District soliciting bids, provided however: 1. If there is no list of qualified contractors maintained by the District for the particular category of work to be performed, the notice inviting bids shall be sent only to -the construction trade journals specified by the Commission. Purchasing Ordinance Page 7 of 9 2. If the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors. (e). Professional services and maintenance work that will cost between $30,001 and $125,000 shall be evaluated using the "Best Value" method. 1. If practicable, at least three (3) vendors or contractors shall be asked to submit informal bids, and the District shall endeavor to receive informal bids from at least three (3) vendors or contractors. (f). Proprietary Projects or Products: If the general manager certifies that, to the best of his or her knowledge, the product or service is proprietary in nature and can be obtained only from a limited number of contractors, and that no equivalent products or services are available, the notice inviting informal bids may be sent exclusively to such vendor(s) or contractor(s). (g). District's Authority: The District may reject any or all bids received, and may waive any minor irregularities in each bid received. (h). Proposal Submittal: Contractors shall submit their proposals in writing. (i). No Bids Received: If no bids are received, the general manager may is award the contract by any alternative purchasing procedure. Section 4.05.110. Formal Bidding Procedure. (a). This formal bidding procedure shall be used for purchases greater than $125,000 or whenever formal bidding purchasing is otherwise required by this chapter. (b). The formal bidding procedure shall comply with all aspects of state and local law governing formal bidding, including, but not limited to, the Public Contract Code, Government Code, Labor Code, resolutions of the Board of Directors as may be adopted from time to time, and policies and procedures as the general manager may approve from time to time. (c). The notice inviting formal bids shall comply with Section 22037 of the Act, as such section may be amended from time to time. For public projects only, the notice inviting formal bids shall be published at least 14 days before the date of opening a newspaper of general circulation as defined in Section 22037 of the Act. The notice shall also be sent to all construction trade journals specified in Section 22036 of the Act at least thirty (30) calendar days before the date of bid opening. Any other notice as may be deemed proper may also be given for any particular project. • Purchasing Ordinance Page 8 of 9 16 (d) The Board shall adopt plans, specifications and working details for projects subject to formal bidding. (e). Professional services and maintenance work that will cost more than $125,000 shall be evaluated using the "Best Value" method. (f). District's Authority: The District may reject. any or all bids received, and may waive any minor irregularities in each bid received. (g). Proposal Submittal: Contractors shall submit their proposals in writing. (h). No Bids Received. If no bids are received, the authorized contracting party may award the contract by any alternative purchasing procedure. Section 4.05.120. Using alternative purchasing procedures. For non - Public Projects and other situations provided in this section, an alternative purchasing procedure which results in a negotiated contract, force account, purchase order or any other procedure determined by the general manager to be in the best interests of the District and in compliance with the District's policies and procedures may be used. (a). Emergencies: In situations determined by the general manager to constitute an emergency for a public project pursuant to Section 22035 of the Act and Public Contract Code Section 22050. The Board of Directors hereby delegates to the general manager the power to declare a public emergency and take any directly related and immediate action required by the emergency. Work shall be performed without the benefit of- competitive bidding, either formal or informal, only so long as necessary under those sections. The general manage shall report to the. Board at successive regular meetings stating the justification for continuing with the emergency work. (b). Competitive Bidding Already Completed: When the authorized contracting party determines that a competitive bid procedure has been conducted by another public agency (e.g. through California Multiple Award Schedules or U.S. General Services Administration) and the price to the District is equal to or better than the price to that public agency. (c). State Purchase: When the purchase is made on behalf of the District by the State Department of General Services. (d). No Bids Received: When no bids are received pursuant to either the public project informal bidding procedure or the formal bidding procedure. (e). No Competitive Market: When the general manager determines that a competitive market does not exist, such as, but not limited to, with memberships in certain professional organizations, meetings, conventions, some, forms of travel, legal advertising and when the needed supplies, services and equipment are proprietary and can only be provided by one source. Purchasing Ordinance Page 9 of 9 Best Interests of the District: When the Board of Directors, on recommendation of the general manager, determines that an alternative procedure will be in the best interests of the District and the policies set forth in this chapter." Section 4.05.130. Debarment. The District shall not do business with any person, firm, corporation, or any other entity convicted of any felony. Section 4.05.140. Signature. In accordance with the Health and Safety Code Section 6487, all contracts must generally be signed by the President and countersigned by the Secretary. Purchases orders and contracts for purchases of goods or services or public works below One Hundred Twenty Five Thousand Dollars ($125,000) may be signed by the General Manager or person formally authorized by the Board by resolution to sign on behalf of the District. Purchase orders and contracts $5,000 or less may be signed by the General Manager or person designated to sign by the General Manager." 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 remain in' full force and effect and the Board of Directors of the Costa Mesa Sanitary District 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 validity 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 Section 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 • Meeting Date Item Number 0=6110 - • COSTA 914-ESA SA7V77A2j,7(DI,S2§j /C2' Memorandum To: Board of Directors From: Scott Carroll, General Manage Date: August 26, 2010 Subject: Update Operations Code Summary ... an Independent Specia[ District In the last six months, the Board has adopted new ordinances and revised existing ordinances. The entire Operations Code. has been updated to include the changes that have occurred in the past six months along with some additional recommended revisions. Staff Recommendation That the Board of Directors repeals the District's Operations Code in its entirety and replaces it with the revised Code attached hereto as Ordinance No. 79. Analysis Attached is an updated version of the District's Operations Code. The updated version includes the following ordinances that were adopted by the Board during the past six months: • Ordinance No. 75 - Plan Check, Inspection, Permit and Annexation Fee • Ordinance No. 76 — Fixture Fees • Ordinance No. 77 — Administrative Citation System • Ordinance No. 78 - Purchasing Most of the revisions in the Code are considered "clean up" changes to reflect the recent restructuring of the organization. The title "General Manager" is incorporated in the Code, which replaces the title "District Manager ". Some of the numbers in the Code titles, chapters and sections have been revised so that the Code is in succeeding order. For instance, after Title 7 comes Title 10. Titles 8 and 9 are missing in the current Code. • Protecting ur community's health and the environment ovi� sofid waste and sewer coif ction services. ng 6y pr ng www. crosdca.gov Board of Directors August 26, 2010 Page 2 of 3 Because the role of the District Treasurer has changed to primarily overseeing the District's investment portfolio, some of the duties outlined in the Code have been changed over to the General Manager like Sections 3.01.090(e) and 3.01.090(8). Other duty changes that were once handled by the District Treasurer that is now the responsibility of the General Manager includes Section 4.01.010 regarding administrative funds, Section 4.01.040, signatures for withdrawing funds from District accounts, and Section 4.05.020 where the General Manager will approve all warrants, including payroll. Because the General Manager's role for managing the District finances has increased, a revised fidelity bond will be posted to include the General Manager. A fidelity bond is a form of insurance protection that covers policyholders for losses that they incur as a result of fraudulent acts by specified individuals. It usually insures an organization for losses caused by the dishonest acts of its employees. Other recommended changes to the Code include the following: Section 3.01.045 Special procedures to avoid conflicts in engineering decisions. This section was revised to establish procedures when the District Engineer is performing engineering services for a private client and the plans need District approval. • Section 3.02.070. Staff Expenses. This section was revised to give the General Manager approval authority for staff expenses related to travel, conferences, meetings, seminars or other related matters that occurs within the State of California. Any staff traveling for conferences and /or meetings that takes place out of state needs prior approval by the Board. Section 8.02.010. Recycling Definitions. This section was added to the Code to help define recycling. Section 8.02.020. Permitted Recycling Materials. This section was added to the Code to identify acceptable recycling material that can be placed in curbside containers. Section 8.02.030. Processing Recycling Materials. This section was added to the Code that will make it a requirement not to deposit recycling materials at the landfill except for certain conditions. Section 8.02.040. Marketing. This section as added to the Code that allows the District's franchise hauler to market and sell recycling materials and the proceeds from the materials will help with rate stabilization. Strategic Element & Goal This item supports achieving Strategic Element No. 5.0, Administrative Management, and Strategic Goal No. 5.1, Update Operations Code. Board of Directors • August 26, 2010 Page 3 of 3 Legal Review District Counsel has reviewed this report and approved to form the attached ordinance. Financial Review Adopting the ordinance will have no financial impact to the District. Committee Recommendation Not applicable Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the August 26, 2010 Board of Directors regular meeting at District Headquarters. Alternative Actions 1. Do not approve the ordinance and refer the matter back to staff for additional information. Attachments A: Operations Code Redline Version B: , Ordinance No. 79 Reviewed by: Alan Burns District Counsel • ATTACHMENT A OPERATIONS CODE Title 1 Chapter 1.01- General Provisions Section 1.01.010. Authority. The Costa Mesa Sanitary District was established pursuant to the authority of Health and Safety Code Section 6400 et se g. This Operations Code, and any amendments thereto, are adopted as an ordinance /general regulation pursuant to the authority provided by Health and Safety Code Section 6490. (Ord. 30, 1999) Section 1.01.020. Ordinances.. Pursuant to the authority of Health and Safety Code Sections 6522.1 -6523 the terms "general regulation" and "ordinance" shall be synonymous. (Ord. 30, 1999) Section 1.01.030. Effect. The intent of this ordinance is to codify in a comprehensive manner all existing District regulations that pertain to the ongoing operation of the District so that District staff and the public shall have a useful reference for the District's -laws. This Operations Code does not specifically repeal any previous ordinance. (Ord. 30, 1999) Chapter 1.02 - General Penalty Section 1.02.010. Penal . Any person, firm, or corporation violating the penal provisions of this ordinance shall be guilty of a misdemeanor and punishable by a fine of up to one - thousand dollars per day and /or up to six months in jail. (Ord. 28, 1997) Chapter 1.03 - Citation Authority Section 1.03.010. Authority Of Public Officers And Employees To Make Arrests. The following designated persons shall have the power to arrest persons for misdemeanor violations of the District's General Regulations whenever the officer or employee has reasonable cause to believe that the person has committed the offense in his or her presence: Any person designated as a District Ordinance Enforcement Officer. (Ord. 28, 1997) Section 1.03.020. Citation Procedure. (a) If any person is arrested for misdemeanor violation of this title, and such person is not taken before a magistrate as is more fully set forth in the California Penal Code Section 853.6 or successor statue, the arresting officer shall prepare in triplicate a written notice to appear in court containing the name and address of such person, the offense charged, and the time and place where and when such person shall appear in court. (b) The time specified in the notice to appear shall not be less than ten days after such arrest. (c) The place specified in the notice to appear shall be either: (1) Before a judge of the municipal court in the judicial district in which the offense is alleged to have been committed; or (2) Before an officer authorized to receive a deposit of bail. (d) The officer shall deliver one copy of the notice to appear to the arrested person, and the arrested person, in order to secure release, must give his /her written promise to appear in court by signing the triplicate notice, which shall be retained by the officer. The officer may require the arrested person, if the arrested person has no satisfactory identification, to provide a fingerprint in accordance with the procedures set forth in the Penal Code. Such print shall not be used to create a data base. (e) The officer shall, as soon as practicable, file a duplicate notice with the magistrate specified in such notice. The defendant may, prior to the date upon which the defendant promised to appear in court, deposit with the magistrate the amount of bail set by such magistrate. Thereafter, at the time when the case is called for arraignment before the magistrate, if the defendant does not appear, either in person or by counsel, the magistrate may declare the bail forfeited and may at his /her discretion order that no further proceedings shall be had in such case. Upon making of such order that no further proceedings be had, sums deposited as bail shall forthwith be paid in the county treasury for distribution as provided by Section 1463 of the California Penal Code. (f) A warrant shall not be issued on such charge for the arrest of a person who pursuant to the provisions of this chapter has given written promise to appear in court unless and until the person has violated such promise, or has failed to deposit bail, to appear for arraignment, trial or judgment, or to comply with the terms and provisions of the judgment, as required by law. (g) As provided in Penal Code Section 853.7, every person willfully violating his /her written promise to appear in court is guilty of a misdemeanor regardless of the disposition of the charge upon which the person was originally arrested. F (h) In accordance with Penal Code Section 853.8, when a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail as provided in subsection (c) of this section, the magistrate shall issue and have delivered for execution a warrant for the person's arrest within twenty days after the person's failure to appear as promised. (Ord. 28, 1997) Section 1.03.030. Custodial Arrests Not Permitted. Except for citation arrests provided for in Section 1.03.020 above, District personnel shall not make custodial arrests. (Ord. 30, 1999) OA • • • 0 . . Chapter 1.04 - General Policies Section 1.04.010. Sexual Harassment. Sexual harassment by any Director or employee shall not be tolerated. The Board considers sexual harassment to be a major offense which may result in disciplinary action or dismissal of the offending employee. An employee who feels that he /she is being harassed is strongly encouraged to immediately report such incident to the immediate supervisor of the accused employee or to the General Manager without fear of reprisal. If a supervisor is so notified, the supervisor shall relay such information to the General Manager who will assist in the investigation and resolution of complaints. The General Manager may, in his or her discretion, assign the investigation of the alleged misconduct to an outside party such as an attorney or law firm experienced in such matters. If the General Manager is the accused harasser, the employee or supervisor should report such incident to the Board President. Thereafter, the Board President, at the next meeting of the Board, shall report the fact and nature of the allegation(s) to the entire Board. Depending on the nature of the allegation(s) and the outcome of the investigation, the Board shall take all appropriate remedial measures. In the case of a Director harassing an employee, the General Manager should be notified, so that he /she can then notify the President of the Board. Thereafter, the President, at the next meeting of the Board, shall report the fact and nature of allegation(s) to the entire Board. The Board shall assign the investigation of the alleged misconduct to an outside party. If the Director charged with sexual harassment is the President of the Board, the General Manager shall report the fact and nature of the allegation(s) to the entire Board at its next meeting. If appropriate a closed session may be utilized. Outside counsel may be retained to conduct the investigation. If an allegation of sexual harassment against a Director is investigated and found to the supported, the Board reserves the right to take such remedial action as is appropriate under all of the circumstances, including, if warranted, initiating an action for recall of such Director. The Directors agree that an accusation of sexual harassment against any one of them must be investigated. It is further agreed that such an investigation is not an invasion of their right of privacy. (Ord. 30, 1999) Section 1.04.020. Nondiscrimination. The District shall not unlawfully discriminate against qualified employees or job applicants on the basis of sex, race, color, religious creed, national origin, ancestry, age over 40, marital status, physical or mental disability, Vietnam era veteran status, or sexual orientation. • e. Equal opportunity shall be provided to all qualified employees and applicants in every aspect of personnel policy and practice. The District shall not discriminate against physically or mentally disabled person who, with reasonable accommodation, can perform the essential function of the job in question. All employees are expected to carry out their responsibilities in a manner that is free from discriminatory statements or conduct. (Ord. 30, 1999) Section 1.04.030. Reasonable Accommodation - Americans with Disabilities Act. Pursuant to the Americans with Disabilities Act, employers have a duty to reasonably accommodate employees and job applicants with known disabilities. This accommodation is not required for individuals who are not otherwise qualified for the job nor is accommodation generally required until the person with the disability requests it. (Ord. 30, 1999) Chapter 1.05 - Claims Procedure Section 1.05.010 Statutory Authority. The provisions of this Chapter recognize that the general claims procedures applicable to local public agencies, including this District, are governed by the provisions of Chapter 1 of Division 3.6 of the Government Code of the state, commencing with Section 900 and following. (Ord. 39, 2001) p Section 1.05.020 Special Claims Procedure for Contracts and Other Claims. (a) Pursuant to the authority contained in Section 935 of the Government Code of the state, the following claims procedures are established for those claims against the District for money or damages not now governed by state or local laws. (b) Notwithstanding the exemptions set forth in Section 905 of the Government Code of the state, all claims against the District for damages or money, when a procedure for processing such claims is not otherwise provided by state or local laws, shall be presented within the time limitations and in the manner prescribed by Sections 910 through 915.2 of the Government Code of the state. Such claims shall further be subject to the provisions of Section 945.4 of the Government Code of the state relating to the prohibition of suits in the absence of the presentation of claims and action thereon by the Board. (Ord. 39, 2001) Section 1.05.030 Filina. All claims or demand against the District shall be filed with the District Clerk and shall be presented by the District Clerk to the Board for approval or rejection, whether in whole or in part, if such presentation is required by law. (Ord. 39, 2001) Section 1.05.040 Processing. For the purposes of claims processing, the Clerk of the District is hereby designated to make determinations regarding the sufficiency and timeliness of any claim flied with the District. (Ord. 50, 2005) 4 Chapter 1.06 Administrative Citations Section 1.06.010. Applicability. (a) This chapter subiects any violation of the provisions of this ' Operations Code to administrative fines. (b) This chapter establishes the administrative procedures that shall govem the imposition, enforcement, collection, and administrative review of the administrative fines pursuant to Govemment 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 puMgse 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 danaer to health or safety. "Enforcement Official" shall mean any officer, .. emplovee, 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 maiodty 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) Waming 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. A copy of the administrative citation will also be mailed to the responsible party at the address of the property. (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 waming 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 conddion(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 imDOSition 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 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 Oblinabons. Within fifteen (15) calendar days from the date the administrative citation is served by any of the methods of service specked in Subsection (c) of Section 1.06.030, a 40 responsible party shall Q) 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 except that a first violation of District Operations Code Section 7.01.060, pertaining to the Placement of Trash Containers, shall be subject to a fine not exceeding Seventy Five Dollars ($75.00): (2) A fine not exceeding Five Hundred Dollars ($500.00) for a second violation of the same ordinance or permit within one year: (3) A fine not exceeding Nine Hundred Fifty Dollars ($950.00) for each additional violation of the same ordinance or permit within one year. (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. 0 (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 specked in this chapter. Section 1.06.080. Administrative hearing. (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) Reauest for Hearing. Within fifteen (15) calendar days from the date the administrative citation is served, the responsibly party must make a written reguest for a hearing, together with an advanced deposit of the fine. Any administrative citation fine which has been deposited shall be refunded if R is determined, after a headna, that the person charged in the administrative citation was not responsible for the violations, 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 hearina 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. I 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 reoistered 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 administrative order 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 paving the administrative fine or appearing at a hearing. 10 • 0 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 Califomia Govemment 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 aerson or by first class mail upon the District. Appeal notices shall be sent to the District Cleric. 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 Califomia Code of Civil Procedure Section 1094.5 et seq. within ninety (90) calendar days after service of the administrative order. Section 1.06.100. Fallure 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 Distri ct increasing the administrative fine, not to exceed the maximum amounts set forth in Section 1.06.070. ( "administrative 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 subiect 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 fail, or both. • 11 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 germit, 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) Anv 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 propertv 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 anv 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. • 12 C� • 1] (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 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 conceming 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. 13 Title 2 Chapter 2.01 _ Definitions Section 2.01.010 Definitions. Unless otherwise indicated, the following definitions shall apply to all provisions of this Operations Code: A. Garbage. "Garbage ",. as used in this code, shall include all of the following: (a) animal, fruit, and vegetable refuse; (b) offal; (c) leaves and cuttings, trimmings from trees, shrubs and grass; (d) inorganic refuse and rubbish; (e) anything thrown away as worthless. (This definition is provided in Health and Safety Code Section 6406 as the same may be amended from time to time.) (Ord. 30, 1999) B. Lateral. A sewer lateral is that entire underground pipe including the connection between the sewer main and the structural improvements on private property and shall include both the portion on private property and the portion in the public or District right of way. (Ord. 8, 1971) C. Rubbish. The word "rubbish" shall include leaves, shrub trimmings, small tree branches not to exceed two (2) inches in diameter and four (4) feet in length, excelsior, wooden ware, printed matter, paper, pasteboard, paper containers, lawn clippings, rags, straw, discarded clothing, crockery, bottles, tin cans, metal vessels, and residential waste • material of every character accumulated within the District except garbage or tree or shrub trimmings occasioned by the maintenance or construction of public utility lines or the activities of City crews. (Ord. 2, 1956) D. Sewerage facilities. Those pipe lines, plant facilities and appurtenances constructed, maintained and operated by the District primarily for the collection of sewage and the conveyance thereof to the sewage treatment plant for the treatment of the sewage. (Ord. 30, 1999) E. Sewer Main shall also include the phrases "main sewer line" and "main sewer ". A sewer main is the underground pipe structure in the public or District right of way which acts as a gathering system for one or more sewer laterals. (Ord. 8, 1971) F. Trash. "Trash" shall mean all solid and semi -solid wastes including garbage, rubbish and trash but does not include hazardous wastes, abandoned vehicles, construction debris, medical waste, sludge and similar materials. For purposes of the regular collection of trash by District's franchisee, the items of trash may be limited to exclude tires, household appliances and other similar large items or special categories of trash. Included within the term are newspapers, glass, plastics, cardboard and other materials that are discarded but which may be recycled by District's franchisee for • consideration. (Ord. 30, 1999) 14 • • Title 3 Chapter 3.01 - Board of Directors Section 3.01.010. Elections. The District does hereby adopt the following as its candidate regulations. Candidate's statements shall be limited to 200 words or less. Each candidate shall pay his /her own costs of candidate statements and any translations into languages other than English. (Ord. 30, 1999) Section 3.010.020. Board Officers. Those certified as elected shall enter office on or after noon of the first Friday in December after the election and upon taking the oath of office. The Board shall elect a President and a Secretary from among its members. Election shall be made as soon as practicable after the results of a District election have been certified and the officers have taken their oaths of office. At that time a President and Secretary shall be elected, and a Vice - President and Assistant Secretary may also be elected. (Reso. 96 -593, 1996) Section 3.01.025. Board Responsibility. It shall be the responsibility of the Board to fulfill the District's mission of providing sewage collection and trash collection and related recycling activities in an efficient, dependable and economical manner. The Board shall perform its mission by adopting ordinances, resolutions, policies and by taking other action during its regular or special meetings, or to otherwise make recommendations on the same during the meeting of a standing committee. The Board is entrusted with the following specific duties: (a) Set policy for District operation. (b) In coordination with the Treasurer, set an annual budget and monitor spending throughout the year. (c) Set rates for service. (d) Ensure that the District has sufficient staff and other resources to fulfill its mission. (e) Have a master plan for the operation of the District including a facilities replacement schedule for facilities failure or obsolescence. (Ord. 30, 1999) Section 3.01.030. Compensation. Pursuant to the provisions of Health and Safety Code Section 6489, compensation is set for each day's attendance at a Board meeting, or for each day's service rendered as a Director at the request of the Board, the sum of two hundred twenty one dollars per day, not to exceed a total of six days in any calendar month. (Ord. 59, 2007)' 15 The following meetings shall be eligible for such per diem service: 1. Board meetings 2. Advisory committee meetings such as subcommittees 3. Approved conferences or organized educational activities 4. Orange County Sanitation District (OCSD) meetings 5. Santa Ana River Flood Protection Agency (SARFPA) meetings 6. Independent Special Districts of Orange County (ISDOC) meetings 7. Orange County Local Agency Formation Commission (LAFCO) meetings 8. California Special Districts Association (CSDA) meetings 9. California Association of Sanitation Agencies (CASA) meetings 10. Orange County Council of Governments (OCCOG) meetings 11. WACO meetings 12. Costa Mesa Chamber of Commerce meetings 13. Educational Outreach and Presentations 14. City of Costa Mesa Council meetings 15. Mesa Consolidated Water District meetings 16. Irvine Ranch Water District meetings 17. City of Newport Beach meetings 18. Costa Mesa Sanitary District/Mesa Consolidated Water District/Costa Mesa Liaison Committee meetings 19. Waste Discharge Regulation meetings (WDR) 20. Water Environment Association (WEF), California Water Environment Association (CWEA) and the local section Santa Ana River Basin Section (SARBS) 21. Solid Waste Association of North America (SWANA) 22. Integrated Waste Management Commission (IWMC) The Board member shall also be entitled to his /her reasonable expenses incident thereto. (Ord. 73, 2009) Section 3.01.035. Sunshine Law Compliance. In accordance with Chapter 700 of the 2005 Statutes, the District shall comply with the Local Government Sunshine Law by attending ethics training as mandated. Daily compensation for occurrences shall be set forth in Section 3.01.030 and reimbursement for travel expenses shall be made in accordance with Section 3.01.090 as the same may be supplemented. Expense reimbursement shall be made on District forms that show that expenses are within policy. Board members shall provide brief reports on meetings attended at public expense at the next regular Board meeting. (Ord. 55, 2006) • • Section 3.01.040. Conflict of Interest. (a) The District has adopted the model conflict of interest code as set forth in Regulation 18700 of the Fair Political Practice Commission and its own appendix and will review said appendix on a regular basis as required by law. The Board members and the District's officers and employees shall comply with said Code. 0 16 (b) Board members shall also not engage in inconsistent, incompatible or inimical employment. Acceptance of an office that is incompatible with another office automatically vacates the first office held. (c) Board members shall not have a prohibited interest in any contract made by them in their official capacity. It is also prohibited to attempt to influence such a decision. (d) Board members shall not accept any discount with a transportation_ company because of his /her official status. (Reso. 95 -579, 1995); (Ord. 30, 1999) Section 3.01.045. Private engineering work within the District boundaries. Speele! onmelluFas to mold sonfileft In enelneedm decisions. :Me Be —1– and to enswe that the Publee's 8FMF9—s1–s ,41 . , nra Should the ManageµDistrict Engineer perform civil engineering work for a private client that requires District approval, the M8Rage District Engineer shall not approve those plans in his capacity as District Engineer. Should engineering review be required, it shall be referred by the General Manager staff-to the AkewAe DiShiSt fiR9IR88F.GF ethGF civil engineer_ in Section 3.010.050. Place of Regular Meetings. The Board of Directors shall meet at 628 W. 19"' Street, Costa Mesa, California, unless notification is otherwise given.. (Ord. 13, 1978) (Ord. 53, 2005) Section 3.01.060. Time of Regular Meetings. The Board of Directors shall hold its regular meetings on the fourth Thursday of the month at 5:30 p.m. unless notification is otherwise given. The Board shall endeavor to conduct its business on its regular meeting date and if a meeting must be rescheduled, shall endeavor to schedule any specially set meetings to a later date. Nothing herein stated is meant to preclude the District from scheduling a meeting at an earlier date and /or time, provided notice has duly been given, when the same is determined to be in the District's best interests. Any person having 17 business before the Board showing an acceptable excuse for not being present due to • changed date, time or place of a meeting may request the Board to reschedule the item for a subsequent meeting. (Ord. 65, 2008) Section 3.01.070. Brown Act. The provisions of the Ralph M. Brown Act shall be observed for all Board business. (Ord. 30, 1999) Section 3.01.073. Parliamentary Matters. The Board may only take action at a duly authorized meeting. A motion, followed by a second, shall be the usual method to bring a matter before the Board for action. Roberts' Rules of Order may be used as a guide but shall not be binding. (Ord. 38, 2001) Section 3.01.074. General Public Meeting Rules. (a) Any person desiring to address the Board shall only speak when recognized by the presiding officer. Persons should address their comments to the presiding officer and not to other Board members or staff. The Board and staff should likewise not engage in a dialogue with a member of the public without first securing the permission of the presiding officer. Cross - examination of the Board or staff is not allowed. If a speaker has questions, he should state those questions as part of his presentation. After he has completed his presentation the presiding officer shall determine if a response is required and who should respond. Alternatively, the presiding officer may direct that a staff person meet with the speaker at a later time to address the areas of inquiry. (b) A public meeting is a limited public forum and remarks must be related to • the subject matter over which the District has jurisdiction. Irrelevant speech may be ruled out of order. (c) Time limits for speakers may be established. (d) All speakers and the Board must preserve order and decorum and no profanity or indecorous language or personalities shall be allowed. (e) No person shall be allowed to approach the Board dais but shall submit materials to the Board by handing those items to the District Clerk. (f) The Board may appoint a sergeant at arms. The presiding officer may clear the meeting for disruptions to the meeting, in accordance with the Brown Act. Additionally, Penal Code Section 403 makes it a misdemeanor to willfully disrupt a public meeting. (Ord. 74, 2009) Section 3.01.075. Agenda distribution. Agenda materials shall be made available to the public in accordance with the Brown Act. The District shall normally charge for copies. Notwithstanding the foregoing, the District Clerk may make copies available without charge to public officials who might have a position with another public agency that interface with the District and its functions. (Ord. 74, 2009) • 18 Section 3.01.076. President. The President shall preside over all meetings. In his absence the Vice - President shall preside. In accordance with Health and Safety Code Section 6487, the President shall sign all contracts, deeds, releases, receipts and other documents, unless such authority has been otherwise delegated in this Code. In the President's absence the Vice President may sign all contracts deeds releases, receipts and other documents.(Ord. 30, 1999) Section 3.01.077. Secretary. The Secretary shall countersign all contracts, deeds, warrants, releases, receipts and other documents, unless this authority has been otherwise delegated in this Code. In his absence, the Vice - Secretary may perform those duties. (Ord. 30, 1999) Section 3.01.080. Appointments. That as soon as practicable after the results of a District election have been certified and the officers have taken their oaths, other appointments to various bodies shall also be made. (Reso. 96 -593, 1996) Section 3.01.085. Vacancies. Vacancies on the Board shall be filled in accordance with Health and Safety Code Section 6483 and Government Code Section 1780. (Ord. 30, 1999) Section 3.01.090. Conferences, Travel and Expenses. (a) The Board of Directors recognizes the benefit derived from Directors attending out of County educational seminars, conferences, programs, political hearings and functions. No Board member shall incur such expense outside Orange County without prior Board approval. (b) Board members are authorized to attend any meeting, conference or seminar from which the district will derive benefit within Orange County without prior Board approval and to have such expenses reimbursed, subject to the limitations provided for herein. (c) The expenses allowed include, but are not limited to, meals, transportation, lodging, and registration fees, which are reasonable and substantiated by receipts, unless paid for directly by the District. Lodging shall not exceed the maximum group rate offered by the sponsor. Members shall also use group or government rates for transportation or shall use IRS rates. Automobile mileage shall be reimbursed at the current standard mileage rate established by the Internal Revenue Service. (d) Board members shall present their reimbursement requests for such expenses to the Board by invoice or other suitable substantiation supported by receipts or similar proof of payment. (e) For all reasonable meals, transportation and lodging expenses, the General Man igerpistdaT49asum may reimburse the Board member's expenses, prior 19 to Board approval and obtain ratification at the next regular Board meeting. Expenses not ratified by the Board of Directors will be deducted from a subsequent payment. All is expense reimbursements other than meals, transportation and lodging must be submitted for Board approval prior to reimbursement. (f) Expense reimbursements shall be in addition to the daily compensation that Board members may be entitled to pursuant to Health and Safety Code Section 6489 and Section 3.01.030 of this Code. (g) District staff shall maintain a credit card or other account that allows for the direct payment of airline tickets, hotel rooms, registration fees and other expenses. The General Manage shall establish policies and procedures for utilization of the credit cards and /or other accounts. (h) Nothing stated herein is meant to be a limitation on a Board member's right to attend any event at the Board member's own expense. (i) Board members shall be cognizant of the Brown Act and any exceptions thereto whenever a quorum of the Board is present at the same location. (Ord. 52, 2005) (Ord. 55, 2006) Section 3.01.092. Miscellaneous expense reimbursement. The Board of Directors recognizes that Board members will incur other expenses on behalf of the . District for which reimbursement may be appropriate. To substantiate that such reimbursement is appropriate, Directors should establish that the expenses were actual, reasonable and necessary in service to the District. Certain expenses for supplies may be reimbursed by substantiating that the item or a portion of the item was used for District business. Such items include, but are not limited to, toners, cartridges, paper and related material involved in electronic processing of information by facsimile, copier, email, computer and other technological devices. To be eligible for reimbursement, a District- provided form should be used, which substantiates the purchase and documents the use or a portion of the use for District business. (Ord. 58, 2007) Section 3.01.100. Interaction with Staff. Requests for information may be made by individual Board members and will be responded to unless the General Manager determines that it would involve an inordinate amount of time, in which case he may ask that the item be placed on the agenda for full Board action. Copies of materials prepared for one Director shall be distributed to all Directors. Board members should only direct staff to take action when done as part of Board action during a meeting. Any Board member shall have the right to have such matters placed on the agenda for discussion. (Policy Statement 11/14/1991) • 01 • Chapter 3.025 - Officers and Employees Section 3.025.010. GeneralliNeWd Manager. The Board may appoint a GeneraGisbid Manger to plan, manage, and operate the District and to report to the Board. Said duties may be more fully set forth in the District's job description for said position and in any employment contract with said person which shall be kept with the District's official records. (Reso. 92 -523, 1992) Section 3.025.020. District Enaineer. The General Manage[VeaW may appoint an engineer to design various projects for the District and to render engineering advice to the General ManaaerQhAFW. The District Engineer is authorized to approve designs as to reasonableness of public improvements for which Board approval is not required. Such discretionary authority is hereby delegated to the District Engineer for the purpose of the design immunity defense provided in Government Code 830.6 or successor statue. The approval of design extends to "as builts" which are accepted. (Reso. 92 -524, 1992) (Ord. 49, 2005) Section 3.025.030. District Counsel. The Board may appoint a general counsel to provide it with legal advice and render other legal services. The duties to be provided shall be set forth in said Attorney's retainer agreement. (Ord. 30, 1999) Section 3.025.040. Treasurer. Pursuant to Health and Safety Code Section 6001, the District shall appoint a treasurer to be responsible for managing the District's investment portfolio . A surety bond shall be fixed by the Board and maintained at all times. The Board has determined that a master bond may be used that meets the requirements of Government Code Section 1481. (Reso. 85 -438, 1985) Section 345.050. Employees. The Personnel Rules of the District shall be adopted by separate resolution of the District. The Personnel Rules shall set forth the terms and conditions of the employment relationship. The only persons who are "employees" of the District are those persons who are paid through payroll. (Ord. 70, 2008) Section 3.025.055. Employment Subject to Criminal History Report. (a) The District is hereby authorized to access state and federal level summary criminal history information for employment (including volunteers and contract employees), licensing, or certification purposes and may not disseminate the information to a private entity. (b) A person shall be prima facie disqualified for District employment if the person has been convicted of a felony or of a misdemeanor involving moral turpitude. As used herein, the term conviction includes pleas of guilty and nolo contendere. The General Manager, as personnel officer, is specifically authorized to obtain criminal 21 history information as provided for in Section 11105 and 13300 of the Penal Code of the State of California. Applicants shall be required to submit their fingerprints and to cooperate so that the General Manager can obtain said information. (c) An applicant who is thus prima facie disqualified for employment may make an appeal in writing to the Genera!DiWA Manager. The General 0i Manager shall consider the mitigating factors such as, but not limited to, evidence of rehabilitation, length of time elapsed since such conviction, the age of the person at the time of the conviction, contributing social or environmental conditions, the nature and seriousness of the conduct, the circumstances surrounding the conduct, the position for which the person is applying and whether the conviction is unrelated to that position. The GeneralDieW Manager shall render a decision based on the above factors which shall be final and conclusive. (d) The GeneraPeMset. Manager shall report to each appointee the fact of the appointee's suitability for District service. In the event the Generaloism Manager determines that the character and background of an appointee makes the appointee unsuitable for District service, the GeneralOWWWO Manager shall take appropriate action. (Ord. 70, 2008) Section 3.025.060 Administrative Regulations. The Generalolism Manager is authorized to promulgate administrative regulations to supplement the Personnel Rules and to set forth other employment- related rules. (Ord. 30, 1999) (Ord. 54, 2005) Section 3.025.070. Staff Expenses. No staff person or person other than a Board member shall incur any expense for reimbursement for travel, conferences, meetings, seminars or related matters that occur within the State of California without prior General ManaQerBeaFd approval. No staff person or person other than a Board member shall travel out of state for conferences, meetings, seminars or related matters without prior Board approval The Board may approve recurring or ongoing expenses. (Reso. 96 -586, 1996) is 22 0 Title 4 Chapter 4.01 - Financial Provisions Section 4.01.010. Administration of Funds. Pursuant to the authority of Health and Safety Code Section 6801, the Board has determined to administer its own funds and has done so by Resolution 85 -438. The District's General Managerbeasom shall administer, pay out,4RYeet and otherwise be responsible for the handling of District funds. -The General Manager-easUFSF shall be authorized to open and maintain accounts in institutional depositories qualifying pursuant to Govemment Code Sections 53530 through 53683 to administer said funds. (Ord. 30, 1999) Section 4.01.020. Treasurer. The Board shall appoint a treasurer who shall post a fidelity bond in an amount as determined by the Board. The clerk shall ensure that said bond remains on file and is in effect at all times. Said bond may be a master bond. (Reso. 85 -438, 1985) Section 4.01.030. Warrants. In accordance with Health and Safety Code 6794, all warrants shall be approved by a resolution which sets forth the name of the payee, the fund from which paid, and the general purpose of the payment. (Ord. 30, 1999) Section 4.01.040. Signatures. The signature of the General ManagerT feaeww and President shall both be required on any instrument withdrawing funds from District accounts. A facsimile signature may be used for such purpose. (Ord. 30, 1999) Section 4.01.050. Assessment Changes. The GeneraPisMot Manager or his/her desion shall have the authority to make changes, corrections and cancellations on the tax roll with respect to special assessments. (Reso. 97 -603, 1997) Chapter 4.023 - District Investments Section 443.010. District Investment Policy. Pursuant to the provisions of Govemment Code Section 53630 et seg. the Board shall adopt an Investment Policy Statement that shall be consistent with State law and the Board's wishes. Said investment policy shall be reviewed annually and approved at an annual meeting. The Board and an oversight committee shall further review the District's investments on at least a quarterly basis. (Ord. 30, 1999) 23 Chapter 4.034 - Financial Policies Section 4.034.010. Summary. A summary of the District's Financial Policies includes the following principles: (a) Operating Reserves: The District will maintain a minimum designated Reserve for Working Capital equal to 15% of its operating budget within its Solid Waste Fund and 10% of its operating budget within its Liquid Waste Fund. (b) Fairness and Equity: All customers of the District will pay their fair, equitable, and proportionate cost of the services provided by the District. (c) Recurring Revenue Growth: Recurring expenditure increases should not be approved which exceed recurring revenue growth. Any new or expanded programs will be required to identify new funding sources and /or off - setting reductions in expenditures. (d) Risk Management/Retention: The District will maintain appropriate reserves for general liability claims and other programs or self insured risk retention levels to meet statutory requirements and actuarially projected needs. (e) Long Range Fiscal Perspective (Capital Expenditure Policy): The District will maintain a long -range fiscal perspective through the use of an Annual Operating Budget, Long Range Capital Improvement Program, and multi -year revenue and expenditure forecasting. (f) Capital Improvements: Major capital improvement projects will be funded using the most financially prudent method available. Such methods include: 1) Traditional long -term financing (bond issues); 2) "Pay As You Go" financing (using recurring revenues only); 3) Combination of debt financing and "Pay As You Go" financing; and, 4) Using accumulated cash reserves in excess of policy requirements. (g) Generally Accepted Accounting Principles: District staff shall comply with all generally accepted accounting principles promulgated by the state and federal government, regulatory agencies such as the Government Accounting Standards Board (GASB) and relevant professional associations such as the Government Finance Officers' Association (GFOA). Ord. 34, 2000) 24 • 1`J 0 Section 4.034.020. Operating Reserves. This policy establishes a minimum level of Reserves for Working Capital within Operating Funds of the District. Operating Funds of the District consist of the Solid Waste Fund and the Liquid Waste Fund. (a) Policy: The District will maintain a minimum designated Reserve for Working Capital equal to 15% of its operating budget within its Solid Waste Fund, and 10% of its operating budget within its Liquid Waste Fund. (b) Operating Reserves Required: The Reserves for Working Capital for Operating Funds will be maintained at a level equal to 15% of its operating budget within its Solid Waste Fund, and 10% of its operating budget within its Liquid Waste Fund, for the fiscal year. The District has a period of negative cash flow for the first five months of the fiscal year until such time as the annual charges have been collected and remitted to the District. This level of operating reserve provides the District with the necessary liquidity and resources to cover this period of negative cash flow as well as unanticipated expenses. It is prudent for governmental entities to maintain operating reserves which constitutes a sound operating practice. as determined by oversight bodies, professional organizations, bond rating agencies and bond insurance companies. The operating reserve may only be accessed under the following circumstances, and only with Board approval. 1. Federal /State budget cuts resulting in loss of grant funding; 2. Local revenue shortfalls due to a downturn in the local economy (i.e. recession of the early 1990s and its impact on local units); 3. Increase in demand for specific services; 4. Legislative or judicial mandates to provide new or expanded services or programs without new or fully off- setting revenues; 5. One -time Board approved expenditures; 6. Unexpected increases in inflation (Consumer Price Index); and, 7. Natural disasters (earthquakes, fires, or other general infrastructure failures). If the operating reserves are required to be used, staff will incorporate a plan to restore the Reserves for Working Capital to 15% of the Solid Waste operating budget and 10% of the Liquid Waste operating budget as part of the subsequent year's proposed budgets. Originally adopted by Ordinance 34, July 13, 2000; amended by Ordinance 71, September 18, 2008. 25 Section 4.034.030. Fairness and Equity. This policy establishes District policy with regard to the calculation of rates and charges to District customers. It is the intention of this policy to ensure that all classes of users are equitably charged for the services rendered. (a) Policy: All customers of the District will pay their fair and proportionate cost of the services provided by the District. (b) Effective Date: The effective date of this policy is July 1, 2000. (c) Date Adopted: July 13, 2000. (Ord. 34, 2000) Section 4.034.040. Recurring Revenue Growth. This policy .sets forth that recurring revenue growth (inflation) will be used to pay for recurring expenditures. (a) Policy: Recurring expenditure increases should not be approved which exceed recurring revenue growth. Any new or expanded programs will be required to identify new funding sources and /or offsetting reductions in expenditures. (b) Matching Revenue to Expenditures: Recurring revenue growth may not always increase at a rate equal to or faster than the recurring expenditures it supports. As a result, the District will avoid using such growth as start-up revenue for new projects or programs that have ongoing costs. Increases in service levels should be supported by new or increased revenue sources or reallocation of existing resources. If normal revenue inflation and /or growth does not keep up with expenditures inflation, the District will decrease expenditures or seek new revenue sources. If long -term revenues grow at a rate faster than expenditures inflation, the Board can consider expanding service levels accordingly or reducing rates, fees, charges, etc. (c) Effective Date: The effective date of this policy is July 1, 2000. (d) Date Adopted: July 13, 2000. (Ord. 34, 2000) Section 4.034.050. Risk Manauement/Retention. The District will maintain adequate levels of reserves for self- insured risk retention levels. (a) Policy: The District will maintain appropriate reserves for general liability claims and other programs or self- insured risk retention levels to meet statutory requirements'and actuarially projected needs. (b) Risk Management/Liability Reserves: General liability insurance reserves are maintained in a sufficient manner to fund the District's recorded liabilities for lawsuits and other claims arising out of the ordinary course of business. These reserves should also be maintained in such a manner to fund estimated losses for 26 • r claims and judgments, levels of self- insurance or other retained risks. Losses for claims incurred but not reported may be pre- funded in the reserves or may be funded when the probable amount of loss can be reasonably estimated. Such reserves will also meet all applicable statutory requirements. The minimum level of the reserves will be determined on an annual basis. If the reserves drop below levels prescribed by this policy and cannot be readily replenished, staff will bring the matter to the Board's attention. In discussing the inadequacy of the reserves with the Board, staff will make every effort to give the Board viable options in choosing the best course of corrective action. (c) Effective Date: The effective date of this policy is July 1, 2000 (d) Date Adopted: July 13, 2000. (Ord. 34, 2000) Section 4.034.060. Lona Rance Fiscal Perspective (Capital Expenditure Policy). A long range fiscal perspective will be maintained to provide a more comprehensive overview of the District's needs. (a) Policy: The District will maintain a long -range fiscal perspective through the use of an Annual Operating Budget, Long Range Capital Improvement Program, and multi -year revenue and expenditure forecasting. The General Manager shall develop and annually update a long range projection of capital expenditures. The first year of the projection will be incorporated into the annual. budget of non - operating funds. The Board of Directors will consider projects based on necessity and availability of financing and establish project priorities based upon staff recommendations. The Capital Expenditure Program shall be reviewed and updated annually. It is recognized that with time, certain factors will change and influence specific projects requiring acceleration, deferment, termination or adjustment in the scope of a project. The annual update will provide a review to consider such changes. Prior to commencement of any design or construction work on any project covered in the Capital Improvement Program, the project shall be submitted to the Board of Directors for authorization to proceed. (b) Long Range Planning: A long -range financial perspective is essential to provide a more comprehensive and thorough overview of the District's long -term financial needs. Components of this action plan include the use of an Annual Operating Budget and multi -year revenue and expenditure projections. This approach will be supported by staffs use of historical data and comparative data as appropriate. In addition, a Long Range Capital Improvement Program will be maintained and annually updated to help the Board better understand the potential long -term funding sources and cost impacts on the District's operating budget. (c) Effective Date: The effective date of this policy is July 1, 2000. (d ) Date Adopted: July 13, 2000. (Ord. 34, 2000) 27 Section 4.034.070. Capital Improvements. The District will develop appropriate funding mechanisms for long -term capital improvements. (a) Policy: Major capital improvement projects will be funded using the most financially prudent method available. Such methods include: 1) Traditional long -term financing (bond issues); 2) "Pay As You Go" financing (using recurring revenues only); 3) Combination of debt.financing and "Pay As You Go" financing; and, 4) Using accumulated cash reserves in excess of policy requirements. (b) Capital Improvement Funding: The traditional method to obtain funds for major capital improvement projects has been to issue long -term debt instruments such as bonds, Certificates of Participation (CoPs), etc., which mature 15 to 30 years from the date if issuance. In general, a bond issue's maturity should approximate the useful life of the asset being financed. Long -term capital improvement financing needs should be financed, as much as possible, with long -term debt (bonds). Short-term capital improvement financing needs should be financed with short-term debt (short-term lease purchase, revenue anticipation notes, etc.). However, it is also acceptable to use cash which has been accumulated in excess of policy requirements to pay for either long -term and /or short term capital improvements. The actual use of accumulated cash for such projects will be determined by the District Board on a case -by -case basis. It is the District's practice to use whatever financing mechanism(s) that best meets the goals and objectives of the applicable capital improvement project(s). Specifically, the following general rules will be used in determining what to finance and how: 1. Capital improvement projects of less than $100,000 should be financed out of operating revenues (or accumulated cash). Such projects may be included in the Long Range Capital Improvement Program (CIP). 2. Capital improvement projects in excess of $100,000, or inter - related projects in excess of $100,000, will be made a part of the Long Range CIP, and all such projects should be grouped to allow effective use of financing mechanisms or other funding sources. 3. On -going expenses related to Capital Improvement Program projects (e.g. maintenance and staffing costs) must be identified and the source of on -going revenues to support those costs must be identified. Debt financing will not be used to support on -going operating costs. 4. Prior to commencement of any design or construction work on any project covered in the Capital Improvement Program, the project shall be submitted to the Board of Directors for authorization to proceed. (c) Effective Date: The effective date of this policy is July 1, 2000. (d) Date Adopted: July 13, 2000. (Ord. 34, 2000) CJ Section 4.034.080. Generally Accepted Accountina Principles. The District will comply with all generally accepted accounting principles promulgated by the state and federal government, regulatory agencies, and relevant professional associations. (a) Policy: District staff shall comply with all generally accepted accounting principles promulgated by the state and federal government, regulatory agencies such as the Government Accounting Standards Board (GASB) and relevant professional associations such as the Government Finance Officers' Association (GFOA). (b) Standard: All books and records shall be maintained in accordance with such standards promulgated by the aforementioned agencies. Financial statements shall be prepared. and presented to the Board on a periodic basis as determined by the Board and in such a format so as to conform to professional reporting standards and in sufficient detail to provide the Board with information necessary for management decision- making purposes. In full compliance with California Government Code Section 53646, the DoredGF Of RR8MW City Treasurer, will prepare a formal set of Investment Policies for Board of Directors adoption. This is to be done on an annual basis. (c) Effective Date: The effective date of this policy is July 1, 2000. (d) Date Adopted: July 13, 2000. (Ord. 34, 2000) Chapter 4.045 Purchasin Section 4.04.010. Title. This chapter shall be known and may be cited and referred to as the "Purchasing Ordinance of the Costa Mesa Sanitary District." Section 4.04.020. General Purpose. The purpose of this chapter is to define a uniform system for the purchase of supplies, services and equipment by the District. to provide for the fair and equitable treatment of all persons involved in the purchasing process, to obtain the highest possible value in exchange for public funds and to safeguard the quality and integrity of the purchasing system. Section 4.04.030. Definitions. (a). Unless otherwise indicated, the following definitions shall apply to all Provisions of this chapter: 1. "Act" means the Uniform Public Construction Cost Accounting Act found in Public Contract Code Section 22000 et seq. 2. "Alternative purchasing procedure" means purchasing supplies, services or equipment when any of the following situations exist: An emergency: no competitive market: competitive bidding already completed: state purchases: or no bids received. 29 3. "Best value" means the best value to the District based on all factors that 10 may include, but not limited to the following: A. Cost; B. The ability, capacity and skill of a contractor to perform a contract or provide the supplies, services or equipment required; C. The ability of a contractor to provide the supplies, services or equipment promptly or within the time specified without delay or interferences; D. The character, integrity, reputation, judgment, experience and efficiency of a contractor; E. The quality of a contractor's performance on previous purchases/services with the District; and F. The ability of a contractor to provide future maintenance, repairs, parts and services for the use of the goods and services purchased. 4. "Authorized contracting party" means the District official or body provided with authority under this chapter to approve a contract or to make a purchase. 5. "General Manager" means the general manager or person designated by the general manager to perform all or some of the duties prescribed in this chapter. 6. "Commission" means the Califomia Uniform Construction Cost Accounting Commission created by Division 2. Part 3, Chapter 2, Article 2 of the Califomia Public Contracts Code (commencing at Section 22000). 7 "Direct bidding procedure" means quotes shall be obtained, if applicable for purchases more than five thousand dollars ($5,000) and less than thirty thousand dollars ($30,0001 and a Pricing Quote Sheet completed. The -general manager shall approve final selection 8 "Emergency" for purposes of public projects shall have that meaning provided in Public Contract Code Sections 22035 and 22050. Emergency for all other purchasing purposes means a situation which makes competitive bidding, either formal or informal impractical or not in the best interests of the District. 9 "Formal bidding procedure" means a procedure which meets the requirements of state and local law, including the Act, this chapter and any policies and procedures approved by the general manager consistent with this chapter. 30 i 10. "Informal bidding procedure" means that at least three (3) bids shall be obtained from a predetermined vendor list for purchases of more than thirty thousand dollars ($30,000) and less than one hundred twenty five thousand dollars ($125,000) and the general manager shall approve final selection. 11 "Maintenance work" shall have that meaning provided in Section 22002(d) of the Act as that Section may be amended from time to time. In accordance with the Act maintenance work shall include but shall not be limited to, all of the following: A Routine recurring and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes. B. Minor painting. C Sewer maintenance including videotaping, cleaning, manhole restoration and pump station maintenance are repairs. D Maintenance of facilities including roof repairs, heating and air conditioning repairs, and electric repairs. E Vehicle and equipment maintenance and repairs. 12. "Negotiated contract" shall mean a written agreement which details terms and conditions of the purchase. 13 "Professional services" means all .services performed by persons in a professional occupation including but not limited to, consulting and performance services for accounting auditing computer hardware and software support, engineering architectural planning financial legal management, environmental, communication and other similar professional functions which may be necessary for the operation of the District. 14 "Public proiect" shall have that meaning provided in Section 22002(c) of the Act as that Section may be amended from time to time. In accordance with the Act, public project shall not include maintenance work. In addition, public project shall include but shall not be limited to the following: a Construction reconstruction, erection, alteration, renovation, improvement demolition involving anvpublicly owned, leased, or operated facility. 15 "Purchasing officer" means the general manager or his or her designee(s) as provided in Section 4.04.040. Pursuant to Section 4.04.040, the general manager may change his or her designation at any time. 31 Section 4.04.040. Purchasing Officer. The purchasing officer shall be the general manager or his or her designee(s). If the general manager designates one or more persons to act in this role the purchasing officer(s) shall serve at the pleasure of the general manager. The duties of the purchasing officer may be combined with those of any other officer(s) or position(s). Section 4.04.050. Purchasing Officer - Powers and duties. (a). The purchasing officer, in accordance with the policies set forth in this chapter and in any written procedures approved by the general manager consistent with this chapter, shall have the power to: 1. Purchase or contract for supplies, services and equipment required by the District. 2. Negotiate and recommend to the Board of Directors execution of contracts for the purchase of supplies, services and equipment. 3. Prepare and implement policies and procedures goveming the bidding contracting purchasing storing distribution and disposal of supplies services and equipment for the District. 4. Prescribe and maintain such forms as may be reasonably necessary to the implementation of this chapter and any other policies and procedures approved by the general manager consistent with this chapter. 0 5. Sell any supplies and equipment not needed for public use or that may become unsuitable for their intended use. 6. Develop and maintain any bidder's list, contractor's list or vendor's catalog file necessary to the operation of this chapter and any other policies and procedures approved by the general manager consistent with this chapter. Section 4.04.060. Purchasina Polices and Procedures. (a). The District shall secure supplies, public proiects and equipment at the lowest cost commensurate with the quality and scope needed, and subject to any limitations imposed by state law. (b). The District shall secure professional and maintenance services based on Best Value and subiect to any limitations imposed by state law. (c). In purchasing, supplies, services and equipment, the District shall make use of competitive bidding, either direct, formal or informal, whenever required by law, this chapter, or any policies and procedures approved by the general manager consistent with this chapter. • 32 (d). Direct, formal or informal competitive bidding is not required, for instance, when an "emergency" is declared pursuant to Section 4.04.120(a) of this chapter. (e). Change Orders. The general manager shall have authority to approve change orders up to the cumulative amount of ten percent of the original contract. The Board of Directors shall have the authority to approve any change order in an amount exceeding ten percent of the original contract amount. Section 4.04.070. Biddina Purchasing and Contracting. (a). $5,000 or less: Any purchase of $5.000 or less may be awarded by the general manager or his or her designee(s) responsible for the proiect by any direct bidding procedure as defined herein. (b). $5,001 - $125,000: Any purchase of more than five thousand dollars ($5,000), but less than or equal to one hundred twenty -five thousand dollars ($125,000) may be awarded by the general manager pursuant to the informal bidding procedure set forth in Section 4.04.100. (c). $125,001 or more: Any purchase of more than one hundred twenty -five thousand dollars ($125,000) shall be awarded by the Board of Directors pursuant to the formal bidding procedure set forth in Section 4.04.110. (d). District Engineer Approvat The district engineer shall review and approve the working details, drawings, plans, and specifications prepared for public projects. (e). Purchasing Officer Approval: The purchasing officer, or his or her designee, shall review and approve all contracts of five thousand dollars ($5,000) or more. (f). Five -Year Term Limitation: No agreement or contract shall extend for a period of more than five (5) years, including any authorized extensions. Excepted from the foregoing limitation shall be the trash and recycling contracts and the professional services contracts for those persons serving as District Officers including General Manager, District Engineer, District Counsel and District Treasurer. Section 4.04.080. No Bidding Reaulrement. In purchasing, supplies, services and equipment that will cost $5,000 or less no bids are required. The District shall negotiate the best price for the District and issue a purchase order. 33 Section 4.04.090. Direct Bidding Procedure. 0 (a). Direct bidding procedures shall be used for purchases between $5,001 and $30,000. (b) If practical at least three (3) vendors or contractors shall be contacted to provide informal quotes. (c) Quotes received will be documented on the District "Quote Sheet ". (d) District's Authority: The District may reiect any or all bids received, and may waive any minor irregularities in each bid received. Section 4.04.100. Informal Biddina Procedure. (a) Informal bidding procedures shall be used for purchases between $30,001 and $125,000. (b) Public oroiects as defined by the Act and in accordance with the limits (c) A list of contractors shall be developed and maintained in accordance with the provisions of Section 22034 of the Public Contract Code and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission. (d) Notice Inviting Informal Bids. Where a public project is to be performed which is subject to the provisions of this chapter, a notice inviting informal bids shall be mailed to all contractors for the category of work to be bid as shown on the list developed in accordance with Section 4.04.100(b) and to all construction trade ioumals as specified by the California Uniform Construction Cost Accounting Commission in accordance with Section 22036 of the Public Contract Code. The notice shall describe the project in -general terms and how to obtain more detailed information about the proiect and state a time and place for submission of the bids. Additional contractors and /or construction trade ioumals may be noted at the discretion of the District soliciting bids, provided however: 1 If there is no list of qualified contractors maintained by the District for the particular category of work to be performed the notice inviting bids shall be sent only to the construction trade ioumals specified by the Commission. 2 If the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors. (e) Professional services and maintenance work that will cost between $30,001 and $125,000 shall be evaluated using the "Best Value" method. 34 • • 1. If practicable, at least three (3) vendors or contractors shall be asked to submit informal bids and the District shall endeavor to receive informal bids from at least three (3) vendors or contractors. (f). Proprietary Projects or Products: If the general manager certifies that, to the best of his or her knowledge, the product or service is proprietary in nature and can be obtained only from a limited number of contractors, and that no equivalent products or services are available, the notice inviting informal bids may be sent exclusively to such vendor(s) or contractor(s). f g). District's Authority: The District may reaect any or all bids received, and may waive any minor irregularities in each bid received. (h). Proposal Submittal: Contractors shall submit their proposals in writing. Q). No Bids Received: If no bids are received, the general manager may award the contract by any altemative purchasing procedure. Section 4.04.110. Formal Bidding Procedure. (a). This formal bidding procedure shall be used for purchases greater than $125,000 or whenever formal bidding purchasing is otherwise required by this chapter. (b). The formal bidding procedure shall comply with all aspects of state and local law goveming formal bidding, including, but not limited to, the Public Contract Code, Govemment Code, Labor Code, resolutions of the Board of Directors as may adopted from time to time, and policies and procedures as the general manager may approve from time to time. (c). The notice inviting formal bids shall comply with Section 22037 of the Act, as such section may be amended from time to time. For public projects only, the notice inviting formal bids shall be published at least 14 days before the date of opening a newspaper of general circulation as defined in Section 22037 of the Act. The notice shall also be sent to all construction trade ioumals specked in Section 22036 of the Act at least thirty (30) calendar days before the date of bid opening. Any other notice as may be deemed proper may also be given for any particular project. (d). The Board shall adopt plans, specifications and working details for projects subject to formal bidding. (e). Professional services and maintenance work that will cost more than $125,000 shall be evaluated using the "Best Value" method. 35 (f). District's Authority: The District may reject any or all bids received, and may waive any minor irregularities in each bid received. (g). Prol2osal Submittal: Contractors shall submit their proposals in writing. ( ). No Bids Received: If no bids are received, the authorized contracting partv may award the contract by any altemative purchasing procedure. Section 4.04.120. Using alternative purchasing Procedures. For non - Public Projects and other situations provided in this section, an altemative purchasing procedure which results in a negotiated contract, force account, purchase order or any other procedure determined by the general manager to be in the best interests of the District and in compliance with the District's policies and procedures may be used. (a). Emergencies: In situations determined by the general manager to constitute an emergency for a public proiect pursuant to Section 22035 of the Act and Public Contract Code Section 22050. The Board of Directors hereby delegates to the general manager the power to declare a public emergency and take any directly related and immediate action required by the emergency. Work shall be performed without the benefit of competitive bidding, either formal or informal, only so Iona as necessary under those sections. The general manage shall report to the Board at successive regular meetings stating the iustification for continuing with the emergency work. (b) Competitive Bidding Already Completed: When the authorized contracting party determines that a competitive bid procedure has been conducted by another public agency (e.g. through Califomia Multiple Award Schedules or U.S. General Services Administration) and the price to the District is equal to or better than the price to that public agency. (c) State Purchase: When the purchase is made on behalf of the District by the State Department of General Services. (d) No Bids Received: When no bids are received pursuant to either the public project informal bidding procedure or the formal bidding procedure. (e) No Competitive Market: When the general manager determines that a competitive market does not exist such as, but not limited to, with memberships in certain mofessional organizations meetings. conventions, some forms of travel, legal advertising and when the needed supplies services and equipment are proprietary and can only be provided by one source. (f) Best Interests of the , District: When the Board of Directors, on recommendation of the general manager, determines that an altemative procedure will be in the best interests of the District and the policies set forth in this chapter." • 36 -------- - ------- ML NTT- Mrw - - - - - - - - - - - 0r-MM- r.T. rTf _Z'Tr IlTr ffiwallvr-Tw. Z m" I m 17, -M.TwIr.Ty H JAI& 0 mr-M.V, rT'M., I I A A 1-1. 111111111110 'Mnr "S A A shall inelude, 1§611 Rot be 'iFRW W, t6l"GiRg 17.4 i Section 4.045.13000. Debarment. The District shall not do business with any person, firm, corporation, or any other entity convicted of any felony. (Reso. 94 -541, 1994) Section 4.04.140. Skmature. In accordance with the Health and Safetv Code Section 6487, all contracts must generally be signed by the President and countersigned by the Secretary. Purchases orders and contracts for purchases of goods or services or public works below One Hundred Twenty Five Thousand Dollars ($125,000) may be signed by the General Manager or person formally authorized by the Board by resolution to sign on behalf of the District. Purchase orders and contracts $5.000 or less may be signed by the General Manager or person desi mated to sign by the General Manager. 38 TM rip. m- LA.L!AZJKZ.& ALL 17.4 i Section 4.045.13000. Debarment. The District shall not do business with any person, firm, corporation, or any other entity convicted of any felony. (Reso. 94 -541, 1994) Section 4.04.140. Skmature. In accordance with the Health and Safetv Code Section 6487, all contracts must generally be signed by the President and countersigned by the Secretary. Purchases orders and contracts for purchases of goods or services or public works below One Hundred Twenty Five Thousand Dollars ($125,000) may be signed by the General Manager or person formally authorized by the Board by resolution to sign on behalf of the District. Purchase orders and contracts $5.000 or less may be signed by the General Manager or person desi mated to sign by the General Manager. 38 TM LA.L!AZJKZ.& ALL 17.4 i Section 4.045.13000. Debarment. The District shall not do business with any person, firm, corporation, or any other entity convicted of any felony. (Reso. 94 -541, 1994) Section 4.04.140. Skmature. In accordance with the Health and Safetv Code Section 6487, all contracts must generally be signed by the President and countersigned by the Secretary. Purchases orders and contracts for purchases of goods or services or public works below One Hundred Twenty Five Thousand Dollars ($125,000) may be signed by the General Manager or person formally authorized by the Board by resolution to sign on behalf of the District. Purchase orders and contracts $5.000 or less may be signed by the General Manager or person desi mated to sign by the General Manager. 38 • 1 Chapter 4.05-7 - Payments • 4.057.010 Purpose. This Chapter enacts procedures for the payment of claims consistent with Government Code Section 53910 et seq. 4.057.020 Payments Conforming to Budget.. The District Board of Directors delegates to the General ManagerT*eaww the approval of all warrants, including payroll, for.which adequate appropriations have been previously approved and adopted by the Board. The General Manager or his /her designeeT49a9uFw is required to subsequently submit to the Board a detailed listing of those warrants, excluding payroll,, previously approved and released by the General Manager:T4easuw. The payroll warrants will be aggregated and submitted in total to the District Board of Directors at the next regular Board meeting. 4.057.030 Audit Procedure. The Board of Directors shall audit and ratify all payments on their warrant register each month or at such other intervals as it shall determine. (Ord. 47, 2004) M TITLE 5 Chapter 5.01 - Annexations Section 5.01.010. Policy. It is the policy of the District that no property may be served for sewer or trash unless the same has been annexed to the District and all appropriate fees paid for such annexation. (Ord. 20, 1989) Section 5.01.020. Exceptions. In accordance with Government Code Section 56133 or successor statute (if applicable), and if the Orange County Local Agency Formation Commission (OC LAFCO) first approves of such service within the District's sphere of influence, the Board may determine, in extraordinary circumstances, that a property may be served by a service agreement. Such an agreement should not be entered into unless the Board has determined that it is in the best interests of the inhabitants of the District. (See Trimont v. Truckee Sanitary District (1983) 193 Cal. Rptr. 568) (Ord. 20, 1989; Ord. 30, 1999) Section 5.01.030. Procedure. The following is the typical procedure for processing an application to annex to the District: • (a) Applications by the legal owner of the property initiates the process. The • District Engineer shall thereafter coordinate the process. (b) The District Engineer assigns an annexation number and the applicant shall deposit a check covering District and other agency fees. (c) The District Engineer shall prepare a map and legal description and forwards the map and legal description to the County of Orange Surveyor's Office for approval and then to the District Counsel to prepare the resolutions required. (d) District Engineer shall determine if the appropriate environmental review has occurred. (e) District warrants shall be prepared for processing through OC LAFCO, the State Board of Equalization and the County of Orange. (f) The District staff shall develop a detailed procedure that describes this process in greater'detail and maintain that procedure for use of staff and the public. (Ord. 30, 1999) 0 O 40 1 Title 67- Chapter 67.01 - Sewer Construction and Permits Section 67.01.010. Sewer Main Construction. All sewer mains shall be installed in accordance with the Standard Plans and Specifications for the Construction of Sanitary Sewers, as the same may be amended from time to time. (Ord. 30, 1999) Section 67.01.020. Sewer Lateral Construction. All sewer laterals connected to a District sewer main shall meet the requirements of the District's Sewer Lateral Specifications, as the same may be amended from time to time. (Policy Statement 7/8/1982) Section 67.01.030. Sewer Lateral Extension. When the local agency determines to acquire additional right of way to widen any street or to perform any similar project, the local agency shall also cause the construction design to include the extension of the existing sewer laterals with respect to meeting District approved size, material and slope from the prior property line to the new property line. After District has inspected, approved and accepted the extensions, the District will reimburse the local agency for the cost of these extensions. The District retains the right to extend said laterals in its discretion. (Policy Statement 121411974) Section 67.01.040. Sewer Laterals for Common Developments. Condominiums, townhomes, cooperatives and other land uses in which there is a right to ownership of some part of their living units but common ownership of other land and appurtenances, may have private sewage collection systems that may connect to the Districts sewer main and /or sewerage system under the following conditions: (a) Providing there is some form of a common governing body capable of obligating itself to the District for repair, maintenance and upkeep; (b) Providing that there is an independent lateral from each living unit to the central gathering system; (c) Providing that the entire system that is located, on private property including but not necessarily limited to, laterals, central gathering system, clean -outs, and other portions of the system, comply with the Uniform Building Code of the jurisdiction in which the project is constructed; (d) Providing the governing body agrees to comply with District Operations Code with respect to maintenance; (e) Providing that the covenants, conditions and restrictions to be recorded on the project contain provisions providing for individual laterals, a central gathering system, compliance with District Operations Code and such other requirements as the District may establish from time to time, said conditions, covenants and restrictions to be approved by the District Counsel; 41 Such other conditions as the Board may uniform) impose from time to time. (� Y Y P The District may, at its option, accept the central gathering system as District lines assuming the obligation of maintenance, repair and upkeep, provided right -of -way for said central gathering system is dedicated to the District and said central gathering system is constructed in accordance with standard specifications of the District and is inspected and approved by District Engineer. (Policy Statement 2111 11982) Section 67.01.045. Multiple Sinale Family Dwellinas on a Sinale Lateral Prohibited. Multiple single - family dwellings shall not be connected to a single sewer lateral but shall each have their own lateral unless one of the following criteria is met: (a) When those dwellings are part of a common interest development which has conditions, covenants and restrictions (CC &Rs) establishing a homeowner's association and where such CC &Rs impose the burden of maintaining the lateral on the association and such CC &Rs also meet the approval of the District. (b) For preexisting single - family homes connected to a single sewer lateral before the District enacted its laws requiring a separate lateral to serve each single - family residence, provided those residences do not undergo a major enlargement or remodel and provided no sewer spills have occurred from said residence. (c) For preexisting single - family homes connected to a single sewer lateral before the District enacted its laws requiring a single sewer lateral, that undergoes a major enlargement or remodel, provided that the owners comply with the District's televised sewer lateral program, as described in Chapter 67.034. (d) For purposes of this section, a "major enlargement or remodel" shall occur when the costs of said remodel exceeds $50,000 or adds in excess of 300 square feet. (e) Other than as provided above, no person shall connect, permit, maintain or cause to be connected or maintained, more than one single - family dwelling on a single sewer lateral. Each person connecting, maintaining or permitting a single - family dwelling to be connected in violation of this section shall be guilty of a misdemeanor and punishable as provided in Chapter 1.02 of this code. (Ord. 61, 2007) Section 67.01.050. Maior Private Sewer Works on Private Property. The following preconditions shall apply before a connection is made to District facilities of a major private sewer works located on private property: (a) Sewer plans shall have been approved by the District MaRage Engineer; (b) At the option of the developer of said sewer project, the project may be inspected in its various stages of construction by the District MMage Engineer; (c) Deposits with the District shall have been made of a sum of money established by the District QsMet MaRage Engineer against which the District may draw to cover said sewer plan approval and inspection; 42 (d) Provide to both the District and the City of Costa Mesa, the County of Orange, or the City of Newport Beach as the case may be, a registered civil engineer's certification that said private sewer project construed on private property and connected to District facilities was constructed in accordance with District's standards. (e) Developer shall submit evidence from the City of Costa Mesa, County of Orange, or the City of Newport Beach, as the case may be, that District public works standards are acceptable for the sewer design in lieu of the Uniform Plumbing Code. (Reso. 94 -550, 1994) Section 67.01.060. Sewer Lateral Specifications. The following shall be the District's, sewer lateral specifications: (a) Material of pipe - Any sewer line between the property line and sewer main shall be made of ductile iron pipe, vitrified clay pipe or of such other materials that may meet the approval of the Costa Mesa Sanitary District. (b) Placement - All sewer laterals shall be placed at such a depth that the top of the pipe is five (5) feet below the top of the curb. Where there. is no curb or established grade, the top of the lateral must be at least five (5) feet below the ground surface. Every building and structure situated within the boundaries of the Costa Mesa Sanitary District shall have separate and independent sewer connections. In instances where more than one building or structure is situated upon the same lot and owned by the same person, firm or corporation, a permit may be granted by the Sanitary District to allow joint use of a connecting sewer line. (c) Grade - All sewer grades must be at least one - quarter of an inch to the foot sloping towards the outlet and all sections must be laid in perfect line on bottoms and sides. Anything less than a 2% fall is subject to approval by the District Engineer. Cross cuts deep enough to receive the socket of the pipe shall be cut in bottom of the trench so that the pipe will not rest on the socket, but have a bearing the full length of the pipe. (d) Size of pipe - All sewer laterals in the right -of -way shall be six inches in diameter. All native soil. must be removed and backfilled as required by the District Engineer. (e) Alignment - All changes in the direction of sewer lines shall be made by the use of wyes (Y's) and one- eighth bends. Where pipes of different materials but of the same diameter are to be jointed, connection shall be made so that the flow line of the two pipes or fittings are to be level. (f) Openings - All wyes (Y's) and tee openings in sewers, which are not used for connections shall be closed by approved plugs. 40 (g) Clean -outs - A clean -out must be provided behind the property line and the 43 top must not be less than one foot below the grade. All clean -outs shall be made with the use of a wye (Y), and shall run towards the sewer main. 0 (h) Inspection - The Costa Mesa Sanitary District shall provide for the inspection and approval of the construction of all street connections and house sewers to be built within the District. (Policy Statement 71811982) Section 67.01.070. - Acceptance and Inspection of Sewer Lines. No dedication will be accepted and no tie into District facilities will be allowed where the District Engineer has not approved plans and drawings and has not inspected the project during its course of construction. (Policy Statement 121611967) Section 67.01.080. Acceptance of Right of Way Easements. The following conditions must be met before the District accepts any right of way for underground sewer installation: (a) Parties offering the right -of -way easements shall tender said right -of -way easements on forms approved by District Manage# Engineer and supplied by the District: (b) Said right -of -way easement documents are accompanied by a preliminary title report showing the party offering the right -of -way easement to be the fee owner thereof: (c) Said right -of -way easement documents shall be accompanied by such maps or plats as may be required by the District Mapage#Engineer; and (d) No right -of -way documents will be offered to the District Board for acceptance and recording until the District WRageFfEngineer has approved the legal description and until the District Counsel has approved the authority of the party signing the right -of -way easement documents to convey right -of -way easement title to the District; and (e) Permits for construction within the right -of -way easement will not be issued until the Board has accepted the right -of -way easement documents in recordable form as provided for herein; and (f) Any improperly tendered documents will be returned to the offering party to be corrected; and (g) A copy of this Section be provided to any party proposing to offer a right of way easement to the District. (Reso. 94 -551, 1994) Section 67.01.090. Extension /Oversizing. The District may require a developer or owner to oversize or extend a line or appurtenance or provide additional lines or appurtenances beyond what is required to serve the development being proposed. In such cases the District may determine that it would be fair and equitable for future owners or users of the lines or appurtenances to reimburse the developer for such additional costs on a pro -rata basis with future owners /users. Such reimbursement may be allowed 44 • under the following conditions: (a) District may require sewer lines to be constructed by a developer of a parcel or parcels at developer's expense to reach District facilities not immediately adjoining developer's parcel. (b) Other appurtenances or oversizing may also be required. (c) Such sewer line or appurtenance construction may benefit other parcels which adjoin the line constructed by developer. (d Such other parcels should not enjoy a windfall benefit and should share in the cost expended to sewer the first parcel or parcels. (e) Prior to allowing connection to District facilities developers of a subsequent parcel or parcels shall be required to enter into a contract with District whereby such developer of subsequent parcel or parcels agrees to such developer's pro rata share of the original construction cost under terms and conditions established by District. (f) Upon receipt of said sum District shall forthwith remit said sum less administrative costs to the initial developer having paid for the entire sewer line benefiting all parcels. (g) All sums unpaid when due as agreed upon by said contract shall bear interest at the rate of six (6 %) percent from the time due until paid. (h) The District MaRage Engineer shall prepare for Board approval a report setting forth the total cost of said sewer line construction, the cost to District for the administration of the contract, the number and location of parcels to be served, the total of other District fees to be shared by all benefiting parcels, and such other data that may be necessary for reimbursement required by this Section. (i) No reimbursement will be made beyond ten (10) years from the date of the final approval of the project by the District Manage Engineer. Q) No connection to any District facility affected by this Section shall be allowed until the provisions hereof shall have been fully complied with and.approved by the District ManageFlEngineer. (Reso. 94 -552, 1994) 45 • Chapter 67.025 - Sewer and Lateral Maintenance Section 67.025.010. District Maintenance. Unless provided otherwise by contract or other arrangement, District shall maintain those sewer mains and appurtenances that it owns. (Ord. 8, 1971; Ord. 30, 1999) Section 67.025.020. Lateral Responsibility. The property owner shall maintain the lateral that connects to District's sewer main, including any portions that may lie within the public right of way or Costa Mesa Sanitary District easement. Said laterals shall be maintained in a safe, sanitary and unobstructed condition, and all devices or safeguards which are appurtenant to and necessary for the operation thereof shall be maintained in good working order. (Ord. 8, 1971) Section 67.025.030. Sewer or Lateral Work. All work done on or to any sewer or lateral shall be done in a careful and prudent manner so as to not damage District facilities. Only persons licensed appropriately and having all necessary permits shall be allowed to do such work and may be required to post a bond before beginning with the project. (Ord. 8, 1971) Section 67.205.040 Sewer Lateral Assistance Prouram. Based on a finding by the Board that District's assistance to private sewer lateral owners would serve a public purpose and would assist in preventing Sanitary Sewer Overflows in the District, the Board has determined to offer a sewer lateral assistance program, the details of which shall be established in a resolution of the Board. (Ord. 63, 2007) (Reso. 2007- 742, 2007) n LJ • Chapter 6.7.034 Televising and Repair of Sewer Laterals 67.034.010 Purpose. The District is ' under an Order from the State Water Resources Control Board to enact laws to prevent Sanitary Sewer Overflows (SSOs) through the adoption of a comprehensive Sewer System Management Plan. It has been recognized that poorly maintained sewer laterals can cause SSOs, which may reach the storm water system and ultimately the Santa Ana River and *the Pacific Ocean. Televising of the sewer laterals at appropriate times. will reduce the amount of SSOs. The District finds that requiring such televising at the times described is reasonable and rationally related to the legal obligation of the District to help prevent sewer spills. 67.034.020 Events Requiring Televising of Sewer Laterals. Property owners shall be required to cause an inspection of their sewer lateral prepared by a licensed plumber and utilizing closed circuit television (CCTV) or other inspection determined by the District Engineer to be equivalent in the following circumstances: (a) Whenever a condominium conversion is proposed. (b) Whenever a major remodel costing in excess of $50,000 or whenever an enlargement of 300 square feet or more is added to a dwelling. (c) Whenever two or more plumbing fixtures are added. (d) Whenever a sanitary sewer overflow occurs at the property. 67.034.030 Requirements for 'a CCTV Inspection and Repairs. When required under certain sections of the District's Operations Code, the following procedure shall be used by the property owner to obtain approval for the use of an existing sewer lateral: 1. The property owner shall have a closed circuit television (CCTV) inspection of the sewer lateral performed by a licensed plumber. 2. The CCTV video shall show the.date of the inspection, identify the beginning point of the inspection, include an audio assessment of the proceedings by the licensed plumber, and include a footage counter to identify points along and the ending point of the inspection. 3. The licensed plumber shall mark on the ground surface directly above the lateral for the benefit of the property owner the location of problem areas including the incidence of roots, joint problems, pipe problems, infiltration, or other significant findings. 4. The property owner shall furnish the District with a copy of the CCTV inspection report within 14 days of the performance of the CCTV inspection. The District shall review the CCTV inspection and shall respond with its findings within 14 days. 47 5. District Staff, including the District Engineer, the Operations is ManaperAssistant Manage and Inspection staff shall review the CCTV inspection report and will assess whether the existing lateral is sufficient in its existing condition or whether rehabilitation is necessary. 6. If the CCTV inspection report discloses root intrusion that prevents the District from observing the structural condition of the private sewer lateral, the property owner may be required to have a licensed plumber remove the roots and perform a second CCTV of the sewer lateral. 7. Based on the CCTV inspection of the sewer lateral, the District will evaluate the condition of the sewer lateral and its ability to remain in adequate service for 30 additional years while preventing infiltration and the ability of any misaligned joints or roots to cause a sanitary sewer overflow (SSO). 8. The District may require the property owner to rehabilitate the sewer lateral to insure a life expectancy of an additional 30 years. 67.034.040 Appeal. Should any person be dissatisfied with any position of staff with regards to their compliance with this chapter, they are entitled to appeal the decision to the Board of Directors by filing such an appeal within 15 days of the decision, provided notice of the time limit is given by the District in writing. The person so appealing shall state in a written document the person whose decision is being appealed, the grounds for the appeal, and any back up data that supports the appeal. The Board shall hear the appeal within a reasonable time thereafter. (Ord. 62, 200 7) • .• • • • "Chapter 6.046 - Connooden Development and Miscellaneous Fees. Permits and Charges Section 6.04.010. Introduction. The Sanitary District collects various fees, charges and clarify why the same are paid and the limitations that may exist with respect to how such fees and charges are collected, expended and. accounted. Section 6.04.020. User Fees. These charges are meant to reasonably approximate the cost to the District to provide a service to a person or company. These District's engineer, inspector or surveyor. Annexation fees would also be such a user fee. This may also include the cost of making copies, as limited by the Califomia Public Records Act. These charges are always to be based on estimated costs to the .District, including, where appropriate, reasonable amounts of overhead. In appropriate cases an estimate shall be made, and the person/company for whom the service is to be provided shall be required to make a deposit of the estimated costs. The person providing the service shall bill against the deposit, and a detailed accounting shall be made. Additional sums may need to be paid or a refund may be appropriate. In other cases where the tasks are reasonably routine, a per- service charge shall be the sole _Section 6.04.030. Connection Fees.. Generally, connection fees would be charged in lieu of the developer or owner installing a sewer facility. Pursuant to statutory and case law, these fees are the direct cost of installing the sewer.. The _District's connection permit fee, by contrast, is a fee to cover the cost of issuing the hermit. _Section 6.04.040. Fixture Fees. Fixture fees are capacity charges for public facilities in existence at the time a charge is imposed or charges for new public facilities to be acquired or constructed in the future that are of proportional benefit to the person or property being charged, including supply or capacity contracts for rights or entitlements, real property interests, and entitlements and other rights of the local agency involving capital expense relating to its use of existing or new public facilities. The following applies to those fees: (a) Purpose. Fixture fees shall be used for the purposes identified in the engineer's report that establishes the facilities that are to be constructed or rehabilitated to serve the development upon which the fees are imposed. Those facilities shall either be directly related to the development or indirectly related in which case the fixture fee shall only nay a fair portion of the charges. 49 (b) Facilities. The facilities for which the fees are collected shall be identified in an engineer's report. Those facilities should but need not be included in the District's Capital Improvement Plan. (c) Reasonable Relationship between Development and Fee The engineer's report shall demonstrate a reasonable relationship between the type of development and the use of the fee. (d) Reasonable Relationship between Facility and Type of Development for which Fee Imposed. The engineer's report shall demonstrate a reasonable relationship between the type of development and the facility being proposed District shall be able to iustifv the amount of the fee and the cost of the facility or portion of the facility attributable to the development. (f) Deposit. Upon payment of the fees, the money shall be deposited in a separate capital facilities account maintained in accordance with Government Code Section 66013(d). For each such separate account. the District shall within one hundred eight (180) days of the close of the fiscal year, make available to the public the following information: (1) A description of the charges deposited in the fund. (2) The beginning and ending balance of the fund and the interest earned from investment of moneys in the fund. (3) The amount of charges collected in that fiscal year. (4) An identification of all of the following (A) Each public improvement on which charges were expended and the amount of the expenditure for each improvement, including the percentage of the total cost of the public improvement that was funded with those charges if more than one source of funding was used. (B) Each public improvement on which charges were expended that was completed during that fiscal year. (C) Each public improvement that is anticipated to be undertaken in the following: fiscal year. (5) A description of each interfund transfer or loan made from the capital facilities fund. The information provided, in the case of an interfund transfer, shall identify the public improvements on which the transferred moneys are or will be expended. The information, in the case of an interfund loan, shall include the date on which the loan will be repaid, and the rate of interest that the fund will receive on the loan. 50 • • Section 6.04.050. Definitions. For the purpose of this chapter, certain words and terms are defined as follows: (a) Fixture Fee Charges. Are those District charges paid by or on behalf of the property owner for the construction of public improvements that will benefit a development and that are justified by an engineering and financial analysis in accordance with Govemment Code Section 66013 or successor statute (b) Connection Manhole. Shall mean a manhole constructed in the main line of a District sewer not as part of the original construction or a manhole built adjacent thereto, for the purpose of permitting sewage to flow into a District sewer. (c) District Sewerage Facility. Shall mean any property belonging to District used in the transportation or disposal of sewage or industrial waste (d) Domestic .Sewage. Shall mean the waterbome wastes derived from the ordinary living processes which are of such volume and character as to permit satisfactory disposal into a public sewer. (e) Dwelling Unit. A dwelling unit shall consist of one or more rooms in any building designed for occupancy by one family and containing one kitchen unit Industrial Waste. Shall mean any and all liquid or solid waste substance not sewage, from any producing manufacturing or processing operation of whatever nature. (g) Industrial Waste Treatment Plant or Facility. Shall mean any works or device for the treatment of industrial waste prior to ifs discharge into the District sewerage facilities. (h) Plumbing Fixture Unit. A plumbing fixture unit as used in this ordinance is defined as being the same as set forth in the Califomia Plumbing Code a copy of which is one file in the office of the Clerk of the District All roughing -in for future fixtures will be counted as fixture units to set charges 0 Pretreatment. Shall mean treatment prior to discharge into a Distri ct sewerage facility by means of an industrial waste treatment plant or facility. li) Public Comoration. Shall mean any city, district or other public agency duly authorized under the laws of the State of Califomia 51 W Sewerage Facilities. Shall mean any facilities used in the collection transportation, treatment or disposal of sewage and industrial waste (1) Sewer Manholes. Shall mean those manholes constructed as a part of the District's sewer system. Section 6.04.060. Permit Reaulations. (a) Requirements. No person or public corporation shall connect to use or maintain a connection to the sewerage facilities of the District without a valid permit (b) Condition Precedent. No permit shall be valid unless the real property to be sewered by the use of the permit shall be included within the boundaries of the District or is currently being annexed to the District or unless said property is subject to or is being made subject to a service contract between real property owner and the District. (c) Permit. A sewer permit shall be comprised of two different components (1) a permit to connect to the District's system, and (2) a permit to use or discharge into the system. (1) Permit to Connect. A connection permit for the purpose of authorizing • connection to a District sewerage facilities in accordance with District's regulations and under conditions set forth in said permit is required before connection will be authorized. 2) Permit to Use. The use permit will prescribe requirements as to a connection manhole, an industrial waste treatment plant or facility, or pretreatment, all to insure compliance with the District regulations as to characteristics, quality and guantitvof sewage and industrial waste. Such requirements should be set forth in the permit. (3) Surcharges for Use Permit. The District hereby establishes the quantity of twenty thousand (20,000) cubic feet of sewage or industrial waste per month per acre of real property. served as the maximum allowable effluent to be discharged into the District's sewerage facilities without the payment of surcharges. Each user discharging more than twenty thousand (20,000) cubic feet of sewage or industrial waste per month per acre shall be charged Twelve Dollars ($12.00) per one thousand (1,000) cubic feet or any portion. thereof in excess of the twenty thousand (20,000) cubic feet maximum. Measurements may be required by the permittee, or permittee's effluent may be considered equivalent to the water (excepting irrigation water) purchased by permittee. Permittee upon demand shall provide District with his or its water usage records and District shall bill excess users of the system monthly based upon the charges set forth herein. In addition to said charges, users may also be charged fees for increased development in accordance with Chapter 6.05. 52 (d) Suspension or Revocation of Use Permit The permit to use may be suspended or revoked if a yermittee is acting in violation of any provision of the permit or of the ordinances, rules or regulations of the District thirty (30) days after receiving a formal written notice of such violation and a demand for correction thereof from the District. Such formal written notice shall be given only upon recommendation of the General Manager. Appropriate due process shall be provided before such actions are taken, and the Board of Directors shall provide for a hearing if requested in a timely manner. (e) Violation. For each day or part of a day a permittee whose permit has been suspended or revoked continues to discha[ge sewage or industrial waste into a District sewerage facility in violation of the permit or of the ordinances rules or regulations of the District, he or it shall be charged as a civil penalty the sum equal to ten (10) percent of the fixture fee charoes per day. No formal written notice of violation shall be authorized unless the General Manager of the District has first given an informal written notice of violation to the subject permittee at least thirty (30) days in advance of action of the Board of Directors. The same noticing .procedure set forth hereinabove shall apply for intermittent or sporadic violators and in lieu of a suspension of permit, the Board of Directors may impose a civil fine in accordance with the District's administrative citation provisions per day or any part of a day for intermittent violations The amount of the fine may be directly related to increased handling costs occasioned to the District by reason of such violations and /or damage caused to the sewerage facilities of this District by such. violations. In such cases the formal written notice of violation shall set forth the fine to be imposed for violations after the thirty (30) day correction period. (f) Criminal Penalty. Any person firm or corporation that connects or discharges to District's sewerage system without a valid connection permit or other legal right shall also be guilty of a misdemeanor and punishable as provided in Chapter 1.02.010 of this Code for each day's violation. (g) Procedure to Acquire Permit. An applicant for a connection permit or his agent shall make application on a form fumished by the District The permit application shall be supplemented by such' plans specifications or other information considered pertinent in the iudgment of the General Manaaer of the District The permit fee and charges as hereinafter described shall be paid to the District at the time the permit application is filed. (h) Disposition of Charges. All charges established under this Article when collected shall be deposited in the appropriate fund and accounted for in accordance with the law. (i) Insurance. Applications for a connection permit shall be accompanied by proof of insurance of at least One Million Dollars ($1,000,000.00) for commercial general liability, with underground coverage, and any automotive coverage Applicants shall also provide prof of workers compensation coverage. The commercial general liability coverage shall name the District and its officers agents and employees as additional insureds and 53 District reserve the right to require an endorsement naming District as an additional insured. Such coverage must provide that it is not to be cancelled except upon thirty (30) days notice to District. District also reserves the right to require that the insurance company providing the commercial general liability policy has a Best Key Guide rating of at least A -:VII and is an admitted carrier in the State of Califomia Contractors performing work pursuant to a contract with the District shall comply with the insurance requirements of the contract documents. (i1 Bonds. For any sewer work that will be accepted as part of District's ssystem, a performance bond and a labor and materials bond shall be required to be maintained on District's forms as a condition of permit issuance Section 6.04.070. Permit Charges. Before any connection permit shall be issued, the applicant shall pay to the District or its agent the charges specified in the District resolution establishing fixture fees: .= _ - .•.-y.'1:� � - �'� -�� :, -I:�1 �C-�:iZ .tea °� -:IIl1 54 0 ; _ - .•.-y.'1:� � - �'� -�� :, -I:�1 �C-�:iZ .tea °� -:IIl1 54 0 C7 57 desuFAeFft. (OF* M, 2901) eeRtFast r • 0 C7 57 (a) Fixture Fee Permit Charges, Plumbing Unit. A charge per fixture shall be collected from new construction as follows: FIXTURE FIXTURE FEE Bathtub $34.5Q46AG Laundry Tub or Washer $34. M6-00 Shower $34. 5046:88 Sink, bar 17.257.68 Sink, Kitchen $34.M6M Wash Basin $17.25740 Wash Basin (Set) $34.5016. 88 Water Closet (Toilet) 103.5046:88 Bidet $34. 5016:88 Dental Units 17.257.68 Drinking Fountains $17. 257.68 Floor Drains $34. 5016:88 Interceptors for Grease, Oil, Solids, Etc. 51.75260 Interceptors for Sand, Auto Wash, Etc. $103.5Q46AG Laundry Tub or Washer (Self Service) 51.75260 Receptors 51.7522:68 Shower, Gang - Per Head $17. 257.68 Sinks, Bar - Commercial $34. 5016:88 Sinks, Commercial or Industrial 51.752268 Sinks, Floor $17. 257.68 Sinks, Flushing Rim $103.504640 Sinks, Service 51.752268 Swimming Pool L19046.00 Urinals, Pedestal $103.5046.90 Urinals, Stall $34. 501§:88 Urinals, Wall $34. 5088 W. fo • • • Urinals, Wall Trough 51.7522:68 (b) Connection Change for Mobile Homes. For each mobile home parking space in any mobile home park the sewer connection charge shall be calculated at twelve (12) fixture units, at $23.00 10:00per fixture unit. (c) When Change Is to Be Paid. Payment of connection permit charges shall be required at the time of the issuance of the connection permit, and no connection shall be made until said permit has issued showing compliance with District regulations and specifications. For that portion of the District within the City of Newport Beach and within the unincorporated area of the County of Orange, said fee shall nevertheless be paid through the offices of the Costa Mesa Sanitary District, 628 West 19th Street, Costa Mesa, California. . (d) Schedule of Charges. A schedule of charges specified herein will be on file in the office of the Clerk of the District and in the office of the Costa Mesa Sanitary District. (e) Interpretation of Permit Regulations. If the factual situations presented do not follow precisely within the rules herein promulgated in this Article, the Board of Directors shall interpret them in a reasonable manner and consistent with the intent of this Chapter. In making such interpretations, the Board shall be guided by the Dolicy of the District to base fees and changes in accordance with the benefits and uses supplied by the District. Those receiving the greatest benefit and most use of the facilities provided by the District shall proportionately bear more of the costs and expenses of the District. .. _ 1 1 . T7 7 1 1 1 ■ .. -M STr NO 1 1 , i 59 1 1 1 ■ P 59 Section 7.05.070. inseseden and Adminisbalkm Res. Subjeet to rhaRge by shall be awAmsed-. Section 6.04.080. 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. a Permit Fee Permit Fee $120.0066:80 (b) Plan Check and Inspection Existing OFROW S" lateral $570.00320.00 New lateral $640.00 New manhole and -"V6P to property line $1.415.00940:00 Construction of new facilities for dedication to the District $10.00 per linear footm-cw- (c) Annexation Fee. The Costa Mesa Sanitary District share of the annexation fee is $2,500.00 4,686.0 A and the total fee shall include the appropriate charges from the Local Agency Formation Commission, the State Board of Equalization and the County of Orange. The District may charge actual additional costs incurred in annexation which may be caused by, but not necessarily limited to, annexation elections, the expenses of public hearings in no consent annexations, litigation challenging the validity of Board action in the approval of annexations and such other reasonable costs which may be incurred over and above the permit fee provided for in this Article and subsection. Additional assessments for annexation may be imposed by the District for costs and expenses incurred by the District which are of an unusual nature not normally incurred in the course of an annexation or any additional cost or expense incurred by the District to correct any error or misrepresentation made by any applicant to the District regarding any proposed annexation. No refund will be made to any applicant abandoning any annexation where said abandonment is not attributable to any fault of the District. (d) Connection Fee. The permit fee of $12066.00 and the plan eheek iRepeelieR -fee shall be charged where applicant wishes to connect to and use District facilities without construction of improvements. The fee shall be charged in any case 1 • 1 where District administrative and inspection services are required. (Ord. 2&, 1M75., 2010 (Reso. �s84 2010 -777, 2010) sewerage facility or connecting to a sewerage facility which discharges into a District sewerage facility without first having obtained a permit as herein provided shall be charged double the amount hereinabove described for his or its permit. Section 6.04.100. Funds All of the monies collected in this Chapter shall be deposited used and accounted for in accordance with the law by which those monies were collected. . Section 67-.046.110. Other Agency Fees. In addition to those fees .provided elsewhere in this Code, there shall be established and collected the following fees, the amount of which shall be determined by the agency for which they are collected: (a) Any fee collected for and remitted to the Orange County Sanitation District. (b) State Board of Equalization annexation filing fees collected for and remitted to that agency. (c) County Surveyor for the County of Orange fee collected for and remitted to that agency for annexation plan check. (d) Fees collected and remitted to Orange County Local Agency Formation Commission. (e) Any other fee required to be collected and remitted to any other governmental agency as a condition to annexation or use of said governmental agency's facilities. (Ord. 20, 1989) Section 67-.046.120. Fee Changes. All of the fees established by this Ordinance may be increased, decreased, or abolished, or otherwise modified at any time by resolution duly adopted by the Board of Directors of the District and said resolution shall have the same force and effect when adopted as though this Ordinance has been amended to provide said changes. (Ord. 20, 1989) Section 67-.046.130. Annexation Requirements. (a) When Deemed Annexed. Except as hereinafter provided, no sanitary sewer service, including residential trash disposal service, shall be provided to any applicant for service unless and until said applicant shall have applied for and been approved for annexation to the District. Approval shall be deemed complete when approved by the Local Agency Formation Commission. (b) Exceptions: Sanitary sewer service, and trash collection, may be provided by 61 contract to applicants for service without annexation to the District, however contracts for service may be entered into by the District only on those parcels lying in County territory or within the geographical limits of an incorporated city other than the City of Costa Mesa and after obtaining LAFCO's prior approval if required by state law. All parcels lying within the geographical limits of the City of Costa Mesa will be served only after annexation to the District as heretofore set forth. (Ord. 20, 1989) Section 67.046.140. Affordable Housing Priority. (a) In accordance with Government Code Section 65589.7 or any successor statute, the District shall ensure that developments that contain an affordable housing component shall be provided with a sewer connection if the applicant complies with all District laws and regulations unless the Board makes findings that there is insufficient collection capacity, that the District is under an order that no further connections be allowed, or unless the applicant fails to comply with District laws or to enter into an agreement with District to comply with such laws. District shall review the relevant housing elements at least every five years to determine that sufficient collection capacity exists. (b) State law shall be referred to for all definitions and to more fully describe District's obligations under said law. (Ord. 56, 2006) Section 67.046.150. Enforcement. In addition to any other remedies that may exist, the provisions of this Ordinance may be enforced by civil action at law and /or by injunction. In this connection these regulations shall be construed as a contract by the Costa Mesa Sanitary District and each permittee." (Ord. 20; -!588 76 2010 Chapter 67.056 - Increases in Density /Development Section 67.056.010. Purpose. The District has determined its capacity rates and charges in a capital facilities study based on projections made according to development density based on the applicable local agencies' general plan and zoning laws. Changes in those laws that allow an increase in density or development may cause adverse impacts on the District and surcharge its system. Accordingly, the District does hereby determine that it may require a developer or owner to participate in the cost of providing additional sewer capacity through either additional construction or the payment of fees commensurate with this increased burden. (Ord. 21, 1989) (Reso. 94 -555, 1994) Section 67.056.020. Increased Fees or Construction. Any owner or developer of such proposed development that will cause an increased burden to the sewage system above the District's projections contained in its capital facilities study based on then - current zoning, may be required to pay for such increased surcharge on the District's system or may be required to oversize or provide additional appurtenances at its cost. (Ord. 21, 1989) (Reso. 94 -555, 1994) Section 67.056.030. Analysis. When the District Engineer determines that there will either be (a) an increase in plumbing fixtures, or (b) an increase in density that will 62 • materially increase the use of District's sewerage system over and above that projected in the District's capital facilities study, the owner /developer shall deposit a check in the sum of one - thousand dollars 1 000 as an advance to pay for the costs of a study to determine the impact on District's system and what the owner /developer should fairly pay for the increase in density or development. Said sum shall be a deposit and the. District will provide an accounting of the funds and any refund due. Should the deposit not be sufficient to complete the study, the owner /developer may be required to deposit further sums. (Ord. 21, 1989) (Reso. 94 -555, 1994) Section 67.056.040. Justification. Any additional fee or construction required shall be justified as follows: (a) Any money collected shall not exceed the cost of serving the additional density or development. (b) Any additional construction of sewerage facilities shall have been made necessary by the increased density /development, unless the developer is provided with a reimbursement agreement for any part not caused by the proposed development (c) Any money collected for the additional development must not exceed the proportional cost of providing the capital facilities to serve the additional development. (d) No part of any money collected is used for any other purpose but for capital sewer facilities and related costs. (Ord. 21, 1989) (Reso. 94 -555, 1994) 63 Section 67-.056.050. Fund Established. An collected for such purposes _ Y money shall be kept in a separate fund and not in the District's general fund and shall be accounted for in accordance with state law, including refunding any excess held over five years. (Ord. 21, 1989) (Reso. 94 -555, 1994) Section 67-.056.060. Exceptions. This Chapter does not apply to any money collected or facilities installed for which the developer is given a reimbursement agreement. (Ord. 21, 1989) (Reso. 94 -552, 1994; Reso. 94 -555, 1994) Section 67-.056.070. Additional Charges. District may require that an owner or developer additionally pay engineering, inspection and plan checking and other costs made necessary by its project. An owner or developer may also be required to pay the costs of acquisition of additional right of way or easements made necessary by the project. (Ord. 21, 1989) (Reso. 94 -555, 1994) • 64 • Chapter 67.067 - Annual Sewer Charges Section 67.067.010 Annual Charges. Pursuant to an ordinance heretofore adopted, the Board has adopted the procedure set forth in Health and Safety Code Section 5473 for the collection of liquid waste charges on the tax roll on an annual basis along with the general taxes collected by the tax collector. (Ord. 30, 1999) . Section 67.067.020. Substantive Requirements for Charges. Before said charges are confirmed, the Board shall ensure that the charges meet the substantive requirements imposed on such charges by California. Constitution, Article XIIIC: 1. Revenues derived from the fee or charge have not exceeded the funds required to provide the property related service. 2. Revenue from the fee or charge is not being used for any purpose other than that for which the fee or charge is imposed. 3. The amount of a fee or charge imposed upon any parcel or person as an incident of property ownership does not exceed the proportional cost of the service attributable to the parcel. • 4. The fee or charge is not imposed for service unless the service is actually used by, or immediately available to, the owner of the property in question. • 5. No fee or charge is being imposed for general governmental services such as police, fire, ambulance, or libraries, where the service is available to the public in substantially the same manner as it is to property owners. Section 67.067.030. Procedural Requirements. Pursuant to California Constitution Article XIIIC, before said charges are confirmed for a new or increased charge, a public hearing shall be held in which a protest hearing is conducted. Notice of such hearing shall be mailed to all owners of record that are the subject of the charge, and the hearing shall also be published in accordance with law. If a majority protest is received, that charge shall not be imposed. (Ord. 30, 1999) Section 67.067.040. Filing of Report With Auditor. After the charges have been confirmed, the clerk shall file a copy.of the report with the auditor in the manner required by Health and Safety Code Section 5473.4. (Ord. 30, 1999) 65 Chapter 67.079 • Grease Control Section 67.079.010. Purpose. The purpose of these regulations is to exercise the District's authority to protect the public health and safety by preventing sewer spills. The Board has determined that there is substantial evidence that grease and similar products accumulate in the sewer lines causing back -ups. The Orange County Grand Jury has made findings that these sewer spills largely can be prevented if local agencies with authority adopt effective grease regulations. These back -ups can spill into the streets or other surfaces or escape into other conduits that can cause health risks. A very significant health impact that has been well documented is the pollution of the Pacific Ocean. Due to the District's close proximity to the Pacific Ocean and the well- documented pollution of the Newport Beach and Huntington Beach coastlines, and the fact that the District has been mandated by the Santa Ana Region Water Quality Control Board (SARWQCB) to comply with the National Pollutant Discharge Elimination System (NPDES) regulations designed to prohibit sewer spills, these regulations are necessary for the District to perform its duty to prevent sewer spills caused by grease and similar substances. (Ord. 41, 2003) Section 6.079.020. Definitions. For purposes of this Chapter only, "grease" shall mean and include any waste containing excessive quantities or concentrations of dispersed biodegradable oils, fats and greases, such as lard, tallow or vegetable oil. (Ord. 41, 2003) Section 67-.07 9.030. (a) New Construction - Interceptors Required. The District does not have jurisdiction within structures but does regulate sewer connections and sewer construction. The Board has determined that all new commercial construction shall have appropriate grease- reducing devices, including sewer interceptors, unless the developer demonstrates, to District Engineer's satisfaction, that such devices are not necessary. (b) Exemptions. A developer may be granted an exemption by District's Engineer, from the interceptor requirement on one or more of the following bases: (A) Traps or other devices are being installed that will be effective and makes a sewer interceptor unnecessary; (B) The developer can demonstrate that the property is zoned or being constructed so that it cannot be used in the future as a development (such as a restaurant) that is likely to produce grease and other clogging substances; (C) Other methods of grease control will be utilized and enforceable assurances have been provided to protect the public health, safety and welfare; 0 •e (D) Other factors make an exemption consistent with the public interest and not adverse to the public health, safety and welfare, provided that the District Engineer makes such a recommendation to the Board based on reliable evidence described in a staff report and the Board grants such an exemption after making the findings that the facts exist for such an exemption as described in this subsection. (Ord. 41, 2003) Section 6.7.078.041 Prohibition. Every owner, tenant and persons using property shall have a duty not to cause, permit or allow the accumulation of grease in the District's sewer line so that sewage spills may occur. Such persons shall use reasonable methods to reduce grease accumulation in the District's sewer lines including but not limited to reducing or eliminating the grease that is deposited in the sewer and utilizing enzymes and similar products that prevent grease build -up. No person shall discharge grease into the sewer system so as to cause an accumulation in the District's lines so as to substantially contribute to the possibility of a sewage overflow. (Ord. 41, 2003) Section 67..079.044 Permit required. No Food Service Establishment shall discharge into the District's system without obtaining a permit from the District describing the business operations and discharge and any FOG prevention measures being undertaken or to be undertaken to reduce the discharge of FOG into the District's system in accordance with this chapter. (Ord. 51, 2005) . Section 67.078.050 Abatement. Provided District can prove that a person, firm or corporation caused grease build -up so that a District line or appurtenance is damaged or so that a sewer overflow occurs, District may charge the responsible person for that damage and for the abatement costs thereof. District shall first provide the ostensibly responsible person with a copy of the evidence that forms the basis of the proof and a copy of the District Engineer's tentative conclusions about the cause of the grease and a copy of this Chapter. Said responsible person shall have an appropriate amount of time to respond to said charges in a hearing in which appropriate due process will be provided. Generally, at least ten days notice of the hearing shall be given. If possible, the responsible person shall be given notice at the time of the sewer overflow or damage if the person is believed to be the cause at that time. The responsible person shall also be provided with a copy of the charges incurred to date before the hearing if those are available. (Ord. 41, 2003) Section 67..070.060 Retrofitting. In cases in which a property is a source of sewer spills on more than one occasion such that recurrence is likely, or in cases in which there is an imminent danger of future sewer spills, the Board may order that a property install a sewer interceptor or other appropriate device to protect the District's system. Said order shall not be made unless the property owner and other appropriate persons. have been given notice of the proposed action and an opportunity to address the Board of Directors regarding the proposed action. Any order to retrofit shall contain a finding that the action was necessary to protect the public health, safety and welfare, which are • threatened by future sewer spills that are otherwise likely. (Ord. 41, 2003) 67 Section 67-.079.070. Termination of Service. The District shall also have the right, in addition to any other rights that it may have, to terminate the property from District's service. Before such termination shall occur, District shall provide the due process required by Health and Safety Code Section 6523.2. (Ord. 41, 2003) Section 6.7.079.080 Violations. Any person violating any provisions of this Chapter, including failing to take corrective action after being provided with a hearing thereon, shall be guilty of a misdemeanor and punished as provided in Section 1.02.010 of this Code. (Ord. 41, 2003) • U .: is Chapter 67-.84 LEGAL AUTHORITY TO COMPLY WITH WASTE DISCHARGE ORDER 67-.844.010 Purpose. The State Regional Wastewater Quality Control Board — Santa Ana Region has issued Waste Discharge Order No. R8- 2002 -0014 ( "WDR ") which applies to Orange County government entities within the Santa Ana watershed. That WDR required the District to adopt a Sewer System Management Plan and a grease (fats, oils and grease) control ordinance requiring commercial food establishments to install and maintain sewer interceptors, and requires the District to also establish other legal authority to preserve the integrity of the sewer system and to prevent sewer system spills. This Chapter shall memorialize the District's efforts to comply with the WDR and provide a reference for compliance. This legal authority shall act in conjunction with the District's Sewer System Management Plan (SSMP). 67-.844.020 Infiltration Control. a) The District has established its SSMP and has videotaped the system and determined its condition is sound. The District has also established maintenance and rehabilitation schedules and a Capital Improvement Program for future improvements. The District has thus ensured that District owned sewer lines are inspected and maintained for infiltration control. (b) With respect to privately owned sewer laterals, District Operations Code • Section 67-.023.020 imposes the obligations for such maintenance on the private property owners and imposes a duty on the owner to maintain that sewer lateral in a safe, sanitary and unobstructed condition. By ordinance, the owner must maintain such laterals in good working order. The District has additionally promoted sewer lateral maintenance by publicity campaigns designed to inform property owners of their responsibility and by providing advice on how to achieve that objective. (c) In accordance with the authority conferred on the District pursuant to Health and Safety Code Section 6520, all property within the District needing sewer service shall be connected to the District's system. In accordance with Health and Safety Code Section 6520.1, no person may connect any sewer system to the District's system or cause any flows into District's sewer system except pursuant to a lawful connection. 67-.844.030 Construction Standards. The District's construction standards set forth in District Operations Code Chapter 67-.01 establishes construction standards designed to maintain the integrity of the system. The sewer notes set forth in the District's standard plans and specifications for the construction of sanitary sewers provides additional standards. 67.844.940 Installation, Testina and Inspection. The District requires that all new or rehabilitated sewer installations be tested and inspected pursuant to the provisions of Title 67- of the District Operations Code and a permit is required for such connections. go mo 67.844.050 Grease. The District has adopted its fats, oils and grease ordinance • set forth at Chapter 67.079 of this Code. 67.844.060 Pretreatment. The District has recognized the Orange County Sanitation District as the publicly operated treatment works responsible for pretreatment compliance and has incorporated such pretreatment requirements set forth in 40 C.F.R 403.5 in both its SSMP and in its standard sewer permit. (Ord. 46,. 2004) • L� 70 • 1 Title 740 Chapter 740.01 - Trash Regulations Section 740.01.010. Purpose.. The purpose of this Ordinance is to implement the District's authority to provide for the collection of trash, garbage, rubbish and other waste in the waste stream, and to recover and provide for the recapture and recycling of such parts of the waste stream. A further purpose is to provide for the public health and welfare and sanitary streets by requiring the waste containers be stored on the property out of view except for reasonable periods of time for collection. (Ord. 27, 1997) Section 740.01.015. District's Authority. The Health and Safety Code has given sanitary districts the authority to collect all waste and garbage within the District. The District has determined to only collect residential trash at this time but reserves unto itself the right to regulate other trash collection in the future. (Ord. 27, 1997) Section 740.01.020. Exclusive Franchise. The District has awarded an exclusive franchise for the collection of all residential trash within its boundaries. (Ord. 27, 1997) Section 740.01.025. Residential Limitations. District's trash collection services are limited to residential service. Residential units will be served notwithstanding the zone that said property is located in as long as the property is used for residential purposes and utilizes curbside service. (Reso. 94 -540, 1994; Reso. 94 -547. 1994) Section 740.01.030. Rubbish Removal - Scavenging prohibited. The District and its duly authorized agents or any contractor with whom the District may at any time enter into a contract or franchise therefor, and the agents, servants, and employees of said contractor while any said contract or franchise is in force shall have the exclusive right to gather, collect and remove all waste material from all residential premises served by the District and no other persons than those above shall gather, collect, and remove any trash or waste material or convey or transport any trash or waste material in or along or over any public street, alley, or highway in the District, or take any waste material from any receptacle in which. the same has been placed for collection or removal or interfere with or disturb any such receptacle 'or remove any such receptacle from any location where same is place by the owner thereof; provided, however, that nothing in this section shall be deemed to prohibit the occupant of any dwelling house from himself removing any trash or waste material accumulated on the premises occupied by him as a dwelling house and disposing of the same in a lawful manner, or to prohibit any person from gathering, collecting and removing from the premises occupied by him any trash or waste material or other objects of debris considered to be large items. Once trash or waste material has been placed in a container and placed curbside for collection, no person • shall scavenge or remove any item from said container except for the District's contractor /franchisee. (Ord. 27, 1997) . 71 72 • Section 740.01.040 Containers. a Containers used for residential collection shall be those provided by the District through its franchisee. Said containers shall be standardized to allow for fully and semi automated collection as determined and provided by the District. Except as hereinafter provided, no person may use any other type of container after the standardized containers are provided. (b) The combined weight of the container and contents for collection shall not exceed 150 pounds. (c) All trash (as defined in this Code along with exclusions) must be placed inside the container so that the lid can shut to keep out flies and other pests. Trimmings must be cut so that they fit completely within the container and so that the container lid will shut. Residents shall obtain additional containers from the District as needed to comply with this requirement. Trash should not be jammed in so that it prevents emptying of the container. '-"%,ftA thf-4 h--896 Shall be next te the heavy duty trash bags May-W8 -And PlaGed , Section 740.01.050. Container Ownership /Care. The containers are owned by the District's franchise. It is unlawful to damage or deface the containers. It is unlawful to mark on the containers. Each container has a registration number on it and is assigned to a residence. Graffiti, vandalism or other damage to the containers should be reported to the District immediately. (Ord. 5737, 20074) 40L, 2003) Section 740.01.054 Existing Development. Residents may request additional containers to insure all trash fits inside the containers with the lids closed. Residents shall contribute actual cost paid by the District per container for all additional containers requested, except as provided below: (a) No charge shall be imposed if new residents move to a residence where the trash containers have been removed. (b) No charge shall be imposed for exchanges of containers. • 72 • (c) No charge shall be imposed if the occupants of the residence demonstrate a hardship based on disability or economic factors and have submitted a confidential declaration providing those facts. (d) No charge shall be imposed if a resident with only one container requests one additional container. The containers shall remain the property of the District. (Ord. 49, 2005) Section 740.01.060 Placement of Containers. Trash containers shall be placed in the street with the wheels against the curb. The trash containers shall be placed where the same is accessible to be collected and arranged in a manner so as to facilitate the loading on the collection truck. Except where practical difficulties exist, all trash containers shall be placed so as to not create drainage problems with the gutters. Placement of containers is also subject to compliance with City or County ordinances. (Gird. 37, 2001) (Ord. 49, 2005) Section 740.01.070 Permitted Trash /Prohibited Materials. (a) The following are permitted to be placed in the containers for collection: 1. Trash not prohibited in subsection (b) hereof may be placed in the container. Loose trash shall be placed in a secure wrapping, included but not limited to sweepings or ashes. 2. Tree trimmings, grass, and other gardening rubbish may be placed in the containers provided the items are cut so that they fit easily within the container for removal purposes. (b) The following are prohibited from being placed in the containers for collection: 1. Hazardous materials including paint, motor oil, fertilizer, batteries, and pesticides. 2. Liquid waste. 3. Medical waste including syringes. 4. Construction debris, sod, concrete, rocks, dirt, manure or lumber. 5. "E- Waste" to include television sets and computer monitors and similar devices which contain cathodic ray tubes,with lead or other harmful matter. (c) Large items may be collected at certain times each year through special collection programs. These items would include furniture, appliances and other such large items. Other special programs may cover Christmas trees, used oil, used syringes and tires. (Ord. 37, 2001) 73 Section 740.01.080. Removal of Trash Containers. Residential trash containers shall be removed from the curb by midnight the day of trash collection and shall be stored in the rear or side yard of the property so as to be out of view from the street. Such containers shall be placed behind the curb for collection no earlier than 5:00 p. m. on the evening before the scheduled collection day. (Ord. 27, 1997) Chapter 740.026 - Annual Trash Charges Section 740.026.010. Annual Charges. Pursuant to an ordinance heretofore adopted, the Board has adopted the procedure set forth in Health and Safety Code Section 5473 for the collection of solid waste charges on the tax roll on an annual basis along with the general taxes collected by the tax collector. (Ord. 30, 1999) Section 740.026.020. Substantive Requirements for Charges. Before said charges are confirmed, the Board shall ensure that the charges meet the substantive requirements imposed on such charges by California Constitution, Article XIIIC: 1. Revenues derived from the fee or charge have not exceeded the funds required to provide the property related service. 2. Revenue from the fee or charge is not being used for any purpose other than that for which the fee or charge is imposed. 0 3. The amount of a fee or charge imposed upon any parcel or person as an incident of property ownership does not exceed the proportional cost of the service attributable to the parcel. 4. The fee or charge is not imposed for service unless the service is actually used by, or immediately available to, the owner of the property in question. 5. No fee or charge is being imposed for general governmental services such as police, fire, ambulance, or libraries, where the service is available to the public in substantially the same manner as it is to property owners. (Ord. 30, 1999) Section 740.026.030. Procedural Requirements. Pursuant to California Constitution Article XIIIC, before said charges are confirmed for a new or increased charge, a public hearing shall be held in which a protest hearing is conducted. Notice of such hearing shall be mailed to all owners of record that are the subject of the charge, and the hearing shall also be published in accordance with law. If a majority protest is received, that charge shall not be imposed. (Ord. 30, 1999) Section 740.026.040. Filing of Report With Auditor. After the charges have been confirmed the clerk shall file a copy of the report with the auditor in the manner required by Heaith and Safety Code Section 5473.4. (Ord. 30, 1999) • 74 0 • • Title 8U Chapter 84.01 - Recycling Section §U.01.010. Diversion Requirements. Pursuant to the State's Integrated Waste Management Act (Public Resources Code Section 41780 et seq.) each city must divert and reduce the volume of solid waste generated within a city.. (Ord. 30, 1999) Section 844.01.020. Recycling.. The District is committed to recycling and may implement a variety of programs to encourage and promote recycling and to assist in reducing the waste stream. (Ord. 30, 1999) Section 844.01.030. Recycling Committee. The Board may appoint a recycling committee composed of two Board members and staff who shall meet periodically and report back to the Board on matters pertaining to recycling. (Ord. 30, 1999) Section 8.02.010. Definitions. A. "Recycling Material" means a material which would otherwise become residential, industrial or commercial solid waste, which can be source separated collected processed and returned to the economic mainstream in the form of raw materials or products. B. "Recycling" means the process by which recovered products are transformed into new products, and includes the collection, separation, recovery, and sale or reuse of metals, glass, paper, cardboard, plastics and other materials. Recycling materials such as glass (all colors), aluminum and metal cans, cardboard newspapers, magazines, mixed paper, and plastics (PET (marked with "11 HDPE (marked with "2 1 PVC (marked with "3 "), LDPE (marked with "4 1 PP (marked with "51 PS (marked with "6 1 Other (marked with "7 ") ). Section 8.02.020 Permitted Recycling Materials. (a) The following are permitted . to be placed in the containers for collection: A. Glass of all colors B. Aluminum and metal cans C. Cardboard D. Newspapers, magazines and mixed paper E. Plastics that include the following types: 1. Polyethylene Terephthalate PET (marked with #1) 2. High Density Polyethylene HDPE (marked with #2) 3 Polyvinyl Chloride PVP (mariced with #3) 75 4. Low Density Polyethylene LDPE (marked with #4) 5. Polypropylene PP (marked with #5� 6. Polystyrene PS (marked with #6) 7. Other (marked with #7) Section 8.02.030 Processing Recycling Materials. Materials collected as recyclable material shall be process by the District franchise for reuse. The District franchise shall not deposit such materials in any landfill, except when the condition of a material precludes its recycling (i.e. contamination) or if markets don't exist. Section 8.02.040 Marketing. District franchise shall be responsible for the marketing and sale of recyclable materials collected from residential households and shall receive proceeds therefrom subject to all profits are used to help maintain rate stabilization for collection services. 0 • 76 0 1 Title 9a$ Chapter 9.01 — Sewer and Trash Charge Exemptions and Reductions Section 946.01.010. Sewer Exemptions Established. The District has established that the following types of property shall be entitled to an exemption from assessment for sewer service charges: (a) Undeveloped or vacant parcels. (b) Developed parcels that do not require sewer service, such as parks or parking lots. (c) Parcels currently begin lawfully served by septic tank or cesspool. (Reso. 94- 543, 1994) Section 946.01.020. Sewer Assessment Reductions. The Board has determined that a reduction in assessment may be appropriate for commercial, industrial and other property that is assessed based on floor area in the following situations: (a) If the floor area is only used for storage or warehouse space, and • (b) The floor area assessed has no floor drains or connections to District's facilities. It shall be the applicant's burden to establish that such an assessment reduction is appropriate. (Reso. 94 -543, 1994) Section 946.01.030. Trash Collection Exemptions. The following types of property qualify for an exemption from the trash collection assessment: (a) Property that has been served by a private hauler provided that the property has never been served by the District's franchise contract hauler. (b) Undeveloped property. (c) Parcels developed in such a way that trash is not produced nor collected such as parking lots and parking garages. . (d) Parcels that are developed and used in such a manner that the required frequency of collection exceeds that provided by the District's franchise hauler, such as apartments and common area developments. (e) Any area served or to be served by the City of Newport Beach. (f) Property developed in such a manner as to preclude curbside service. 77 (g) Property that is served by substandard streets so that a standard waste hauler truck cannot have ingress or egress. (h) Projects using trash bin service with no provision for individual trash container pick up. (i) An appropriate organization represents that the District cannot provide trash collection service and provides the District with a contract for outside service and provides District with assurances that such outside service will be maintained. (j) Other circumstances that the Board may determine appropriate for granting an exemption based on the fact that the property should not be charged for service. Any exemption granted pursuant hereto may be revoked if the Board determines that the facts have changed or were not as represented. Exemptions run with the land. (Reso. 94-547, 1994) 0 is ;a Chapter 948.02 — Sewer and Trash Refunds Section 946.02.010. Assessment Errors. The Board is aware that despite .best efforts to assess property fairly and accurately, that errors can occur that would justify providing a refund for amounts that the Board might determine were improperly assessed. (Ord. 30, 1999) Section 948.02.020. Gift of Public Funds. The Board also is aware that it is constitutionally_ prohibited from making a gift of public funds, which is an amount not legally owed. (Ord. 30, 1999) Section 948.02.030. Statute of Limitations. California law has both statutes of limitation and claim filing requirements that must be met before a refund may be made. (Ord. 30, 1999) Section 948.02.040. Refund Policy. In light of the above, the Board does hereby establish the following as its refund policy for sewer and trash assessments: (a) For all claims for refunds for sewer or trash service for which a special rule (set forth below) does not apply, refund procedures and time limitations will be governed by the Tort Claims Act (Government Code Section 900 et seq.) including, but not limited to, the requirements that the claimant present a written- request for a refund from the Board within one year of the accrual of the cause of action. Refunds will be allowed if the is claimant's request satisfies the procedures of the Tort Claims Act and if the claimant establishes that his or her claim is meritorious. (b) For amounts "paid under protest refunds may be allowed for up to four years provided that the procedures of the Health and Safety Code and Revenue and taxation Code were followed. (See Health and Safety Code Section 5472; Revenue and Taxation Code Sections 5097 and 5140 et seq.) (c) Persons who have paid sewer service fees but who have received no service and have not been connected to the District's system shall be eligible for a refund depending on when the fees were collected as follows: (1) If the fees were collected before January 1, 1992, there is no statute of limitations and the claimant may submit a claim for such amount that he can prove that he paid and for which he received no service. (2) If the fees were paid after January 1, 1992, a claim must have been filed within 180 days of the date of the payment. (3) Subsections (a) and (b) above only apply to fees collected and do not apply to sewer assessments. (See Government Code Section 53082.) (Reso. 96 -584, 1996) (Ord. 44, 2004) 79 Title 1048 0 Chapter 1048.01 - Risk Management Section 1048.01.010. SDRMA. The District is a member of the Special District Risk Management Authority (SDRMA) which provides the District with insurance protection for property loss, general liability and employee's errors and omissions, boiler and machinery and public officials bond. (Policy Statement 2110 11989) (Reso. 94 -539, 1994) Section 1048.01.020. Safety Measures. The Board has determined that prudent planning and risk management require the creation of a safety /loss control committee and the adopting of a safety manual for the use of District personnel in conducting District business. (Reso. 94 -539, 1994) Section 1048.01.030. Safety /Loss Control Committee. A safety /loss control committee is created which is comprised of the GeneralBis Managers and such other persons as he /she shall designate as being appropriate for such purposes. The safety /loss control committee. shall review District safety /loss control issues and provide analysis and direction on ways to improve safety. The committee shall meet with such frequency as the General Dishist- Manager/EngiAeer shall determine is appropriate but no less frequently than quarterly. Minutes of said meetings shall be kept. (Reso. 94- 539, 1994) Section 1048.01.040. Standards Adopted. The following standards are adopted by the Board, as they are presently published and as they may from time to time be amended, and the same shall be incorporated into the District's standard construction specifications: (1) The Work Area Traffic Control Handbook (WATCH). (2) The Manual of Warning Signs, Lights and Devices for Use in Performance of Work Upon Highways. (3) State Labor Code Sections 6704, 6706 and 6707. (4) The Construction Safety Orders (CAUOSHA). (5) The General Industry Safety Orders (CAUOSHA). (6) Standard Specifications for Public Works Construction (The Green Book). (Policy Statement 2/10/1989) (Reso. 94 -539, 1994) • a Section 1048.01.050. Safety Manual Adopted. The safety manual prepared by the SDRMA, as the same may be amended from. time to time, is adopted as the District's Safety Manual. (Reso. 94 -539, 1994; Reso. 94 -546, 1994) Section 1048.01.060. Claims Manual. The District being subject to the California Tort Claims Act, and the District being a member of the SDRMA has adopted the SDRMA Claims Manual as its procedures for processing claims against the District. (Reso. 94- 546, 1994) Section 1048.01.070. Indemnification. The District shall indemnify and defend Directors, officers and employees from any claim, demand or liability provided that the conditions of Government Code Section 82.5 are satisfied. (Ord. 30, 1999) Chapter 1048.03 Emergencies Section 1048.03.010. Purpose. , The purpose of this chapter is to provide for the preparation and carrying out of plans for the protection of persons and property within the District in the event of the emergency or disaster conditions hereafter referred to; the direction of the disaster organization; and the coordination of the disaster functions of the District with the City, County, OCSD and with all other public agencies, corporations, organizations and affected private persons. Section 10.03.020. Definitions. For the purpose of this chapter, certain words and terms are defined as follows: (a) "City" means the City of Costa Mesa or the City of Newport Beach: (b) °County" means the County of Orange: (c) "District" means the Costa Mesa Sanitary District; (d) "OCSD" means the Orange County Sanitation District; (e) "State of emergency" means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the State caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, earthquake or other conditions: �f) "Local emergency" means the existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a 81 district city, county or district and city or district and city and county, caused by such conditions as air pollution fire, flood storm epidemic, riot, earthquake or other conditions. (g) Other terms used herein shall have meanings as used in the Califomia Emergency Services Act. Section 10 03.030. Emergency Operations Plan (EOP). The District shall prepare, adopt implement and revise when necessary an Emergency Operations Plan that establishes the emergency organization assigns tasks, specifies policies, and general procedures and provides for coordination of planning efforts of the various agencies and service elements utilizing the Standardized Emergency Management System (SEMS) and meeting the requirements established by the National Incident Management System (NIMS). The objective of this plan is to incorporate and coordinate all agencies and personnel within the district into an efficient organization capable of responding to emergencies affecting the sanitary sewer system. Section 10 03 040. Emergency Operation Center (EOC) - Activation. The District's EOC shall be activated and shall function as an emergency respondent organization, only: (a) Upon the declaration by the Govemor of the state, or of persons authorized to act in his stead of a "state of emergency" affecting and including the District: (b) Upon the declaration of a "local emergency" by the Board of Supervisors of the County, or by persons authorized to act in its stead, affecting and including the District: or (c) Upon the declaration of a "local emergency" by the City Council of a City within the District's boundaries or by persons herein authorized to act in its stead. (d) Upon the declaration of the District General Manager that additional resources are needed for a single incident occurring within the District. Section 10.01.050. Emergency Operating Centers. Unless emergencies render the same impossible or unduly hazardous to safety, two emergency operating centers shall normally be maintained within the District: one of these at Headquarters (628 W. 19to Street) and the other at the Yard (174 W. Wilson Street). Section 10.03.060.. Director of Emergency Services. The General Manager of the District shall be the director of emergency services. In the General Manager's absence or inability to act the General Manager shall automatically be succeeded as director of emergency services by the officials and persons named for this purpose, and in the Alk order specified in the EOP of the District. 82 • Section 10.03.070. Dowers of Succession. Each person who shall succeed to each position or office as provided herein, shall succeed to all the powers and duties of the office succeeded to immediately upon such succession. Section 10.03.080. Line of Succession for Board of Directors. The line of succession for the position of President during a state of emergency local emergency or other condition of disaster, unless otherwise ordered by the Board of Directors shall be Vice President followed by the Secretary and then the remaining Board of Directors in the order of their seniority. Section 1048.03.090. Brown Act. The Brown Act provides that the usual rules with respect to noticing meetings are altered when an emergency ours. For purposes of the Brown Act, Government Code, Section 54956.5 provides that in cases: (a) involving a work stoppage, crippling activity or activity that severely impairs the public health and safety, (b) of dire emergency as a crippling disaster, mass destruction, or threatened terrorist act that poses peril so that giving of notice may endanger the public health or safety, or (c) as determined by a majority of the Board, the Board shall provide such notice as may be required by the Brown Act, which may require one -hour notice as provided in Government Code Section 54956.5((b)(2). - - . ., Section 1048.03.100. County Interaction. The District is signatory to the Operational Area Agreement of the County of Orange and Political Subdivisions. Such agreement coordinates the District resources and needs with the County's and other local government entities' and provides management in times of emergency through an Emergency Area Council and Executive Board. The standing subcommittee is the Orange County Emergency Management Organization (OCEMO). The District shall stay involved in OCEMO and maintain contact and other resource information. District's participation shall be pursuant to the Standardized Emergency Management System (SEMS) and its national counterpart (NIMS). (Ord 64, 2007) 83 ATTACHMENT B ORDINANCE NO. 79 AN ORDINANCE OF THE COSTA MESA SANITARY DISTRICT ADOPTING A REVISED OPERATIONS CODE WHEREAS, the Board of Directors of the Costa Mesa Sanitary District has previously codified its ordinances into an Operations Code; WHEREAS, the Board of Directors has recently hired a General Manager and changed the District's organizational structure; WHEREAS, the Board of Directors has recently adopted new ordinances pertaining to purchasing, emergencies, fixture fees and user fees, making a comprehensive revision to the Operations Code necessary; NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary District does hereby ORDAIN as follows: Section 1. That the attached Exhibit "A" entitled "Operations Code" is adopted as the District's Operations Code and supersedes previous versions. 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 District 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 Secretary President 2010. • 0 OPERATIONS CODE Title 1 Chapter 1.01- General Provisions Section 1.01.010. Author i . The Costa Mesa Sanitary District was established pursuant to the authority of Health and Safety Code Section 6400 et se q. This Operations Code, and any amendments thereto, are adopted as an ordinance /general regulation pursuant to the authority provided by Health and Safety Code Section 6490. (Ord. 30, 1999) Section 1:01.020. Ordinances. Pursuant to the authority of Health and Safety Code Sections 6522.1 -6523 the terms "general regulation" and "ordinance" shall be synonymous. (Ord. 30, 1999) Section 1.01.030. Effect. The intent of this ordinance is to codify in a comprehensive manner all existing District regulations that pertain to the ongoing operation of the District so that District staff and the public shall have a useful reference for the District's laws. This Operations Code does not specifically repeal any previous ordinance. (Ord. 30, 1999) 0. Chapter 1.02 - General Penalty Section 1.02.010. Penal . Any person, firm, or corporation violating the penal provisions of this ordinance shall be guilty of a misdemeanor and punishable by a fine of up to one - thousand dollars per day and /or up to six months in jail. (Ord. 28, 1997) Chapter 1.03 - Citation Authority Section 1.03.010. Authority Of Public Officers And Employees To Make Arrests. The following designated persons shall have the power to arrest persons for misdemeanor violations of the District's General Regulations whenever the officer or employee has reasonable cause to believe that the person has committed the offense in his or her presence: Any person designated as a District Ordinance Enforcement Officer. (Ord. 28, 1997) Section 1.03.020. Citation Procedure. (a) If any person is arrested for misdemeanor violation of this title, and such person is not taken before a magistrate as is more fully set forth in the California Penal Code Section 853.6 or successor statue, the arresting officer shall prepare in triplicate a written notice to appear in court containing the name and address of such person, the offense charged, and the time and place where and when such person shall appear in court. (b) The time specified in the notice to appear shall not be less than ten days after such arrest. 0 (c) The place specified in the notice to appear shall be either: (1) Before a judge of the municipal court in the judicial district in which the offense is alleged to have been committed; or (2) Before an officer authorized to receive a deposit of bail. (d) The officer shall deliver one copy of the notice to appear to the arrested person, and the arrested person, in order to secure release, must give his /her written promise to appear in court by signing the triplicate notice, which shall be retained by the officer. The officer may require the arrested person, if the arrested person has no satisfactory identification, to provide a fingerprint in accordance with the procedures set forth in the Penal Code. Such print shall not be used to create a data base. (e) The officer shall, as soon as practicable, file a duplicate notice with the magistrate specified in such notice. The defendant may, prior to the date upon which the defendant promised to appear in court, deposit with the magistrate the amount of bail set by such magistrate. Thereafter, at the time when the case is called for arraignment before the magistrate, if the defendant does not appear, either in person or by counsel, the magistrate may declare the bail forfeited and may at his /her discretion order that no further proceedings shall be had in such case. Upon making of such order that no further proceedings be had, sums deposited as bail shall forthwith be paid in the county treasury for distribution as provided by Section 1463 of the California Penal Code. (f) A warrant shall not be issued on such charge for the arrest of a person who pursuant to the provisions of this chapter has given written promise to appear in court unless and until the person has violated such promise, or has failed to deposit bail, to appear for arraignment, trial or judgment, or to comply with the terms and provisions of the judgment, as required by law. (g) As provided in Penal Code Section 853.7, every person willfully violating his /her written promise to appear in court is guilty of a misdemeanor regardless of the disposition of the charge upon which the person was originally arrested. (h) In accordance with Penal Code Section 853.8, when a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail as provided in subsection (c) of this section, the magistrate shall issue and have delivered for execution a warrant for the person's arrest within twenty days after the person's failure to appear as promised. (Ord. 28, 1997) Section 1.03.030. Custodial Arrests Not Permitted. Except for citation arrests provided for in Section 1.03.020 above, District personnel shall not make custodial arrests. (Ord. 30, 1999) 2 [� �-1 0 . Chapter 1.04 - General Policies • Section 1.04.010.. Sexual Harassment. Sexual harassment by any Director or employee shall not be tolerated. The Board considers sexual harassment to be a major offense which may result in disciplinary action or dismissal of the offending employee. An employee who feels that he /she is being harassed is strongly encouraged to immediately report such incident to the immediate supervisor of the accused employee or to the General Manager without fear of reprisal. If a supervisor is so notified, the supervisor shall relay such information to the General Manager who will assist in the investigation and resolution of complaints. The General Manager may, in his or her discretion, assign the investigation of the alleged misconduct to an outside party such as an attorney or law firm experienced in such matters. If the General Manager is the accused harasser, the employee or supervisor should report such incident to the Board President. Thereafter, the Board President, at the next meeting of the Board, shall report the fact and nature of the allegation(s) to the entire Board. Depending on the nature of the allegation(s) and the outcome of the investigation, the Board shall take all appropriate remedial measures. In the case of a Director harassing an employee, the General Manager should be notified, so that he /she can then notify the President of the Board. Thereafter, the President, at the next meeting of the Board, shall report the fact and nature of allegation(s) to the entire Board. The Board shall assign the investigation of the alleged misconduct to an outside party. If the Director charged with sexual harassment is the President of the Board, the General Manager shall report the fact and nature of the allegation(s) to the entire Board at its next meeting. If appropriate a closed session may be utilized. Outside counsel may be retained to conduct the investigation. If an allegation of sexual harassment against a Director is investigated and found to the supported, the Board reserves the right to take such remedial action as is appropriate under all of the circumstances, including, if warranted, initiating an action for recall of such Director. The Directors agree that an accusation of sexual harassment against any one of them must be investigated. It is further agreed that such an investigation is not an invasion of their right of privacy. (Ord. 30, 1999) Section 1.04.020. Nondiscrimination. The District shall not unlawfully discriminate against qualified employees or job applicants on the basis of sex, race, color, religious creed, national origin, ancestry, age over 40, marital status, physical or mental disability, Vietnam era veteran status, or sexual orientation. 3 Equal opportunity shall be provided to all qualified employees and applicants .in every aspect of personnel policy and practice. The District shall not discriminate against physically or mentally disabled person who, with reasonable accommodation, can perform the essential function of the job in question. All employees are expected to carry out their responsibilities in a manner that is free from discriminatory statements or conduct. (Ord. 30, 1999) Section 1.04.030. Reasonable Accommodation - Americans with Disabilities Act. Pursuant to the Americans with Disabilities Act, employers have a duty to reasonably accommodate employees and job applicants with known disabilities. This accommodation is not required for individuals who are not otherwise qualified for the job nor is accommodation generally required until the person with the disability requests it. (Ord. 30, 1999) Chapter 1.05 - Claims Procedure Section 1.05.010 Statutory Authority. The provisions of this Chapter recognize that the general claims procedures applicable to local public agencies, including this District, are governed by the provisions of Chapter 1 of Division 3.6 of the Government Code of the state, commencing with Section 900 and following. (Ord. 39, 2001) Section 1.05.020 Special Claims Procedure for Contracts and Other Claims. (a) Pursuant to the authority contained in Section 935 of the Government Code of the state, the following claims procedures are established for those claims against the District for money or damages not now governed by state or local laws. (b) Notwithstanding the exemptions set forth in Section 905 of the Government Code of the state, all claims against the District for damages or money, when a procedure for processing such claims is not otherwise provided by state or local laws, shall be presented within the time limitations and in the manner prescribed by Sections 910 through 915.2 of the Government Code of the state. Such claims shall further be subject to the provisions of Section 945.4 of the Government Code of the state relating to the prohibition of suits in the absence of the presentation of claims and action thereon by the Board. (Ord. 39, 2001) Section 1.05.030 Filing— All claims or demand against the District shall be filed with the District Clerk and shall be presented by the District Clerk to the Board for approval or rejection, whether in whole or in part, if such presentation is required by law. (Ord. 39, 2001) Section 1.05.040 Processing. For the purposes of claims processing, the Clerk of the District is hereby designated to make determinations regarding the sufficiency and timeliness of any claim filed with the District. (Ord. 50, 2005) 4 Chapter 1.06 Administrative Citations Section 1.06.010. ARplicability. (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. 5 (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. 0 (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. C1 (10) Description of the procedure for requesting a waiver of the fine deposit. is (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. A copy of the administrative citation will also be mailed to the responsible party at the address of the property. (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 Timino. 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 Continuina Plumbing, Sewer, Sanitary, or Similar Structural or Zonina Violations that Do Not Create an Immediate Hazard. (a) Applicability of this Section.. This Section shall only apply to a correction condition(s). 7 (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 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 i 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, except that a first violation of District Operations Code Section 7.01.060, pertaining to the Placement of Trash Containers, shall be subject to a fine not exceeding Seventy Five Dollars ($75.00); (2) A fine not exceeding Five Hundred Dollars ($500.00) for a second violation of the same ordinance or permit within one year; (3) A fine not exceeding Nine Hundred Fifty Dollars ($950.00) for each additional violation of the same ordinance or permit within one year. (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. 0 (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. (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. 0 (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. 0 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 administrative order 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. • 10 n LJ 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. ( "administrative 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. 11 Section 1.06.110. Collection of Unpaid Fines. 40 (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. • 12 (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 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 (90) 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. 13 Title 2 Chapter 2.01 — Definitions Section 2.01.010 Definitions. Unless otherwise indicated, the following definitions shall apply to all provisions of this Operations Code: A. Garbage. "Garbage ", as used in this code, shall include all of the following: (a) animal, fruit, and vegetable refuse; (b) offal; (c) leaves and cuttings, trimmings from trees, shrubs and grass; (d) inorganic refuse and rubbish; (e) anything thrown away as worthless. (This definition is provided in Health and Safety Code Section 6406 as the same may be amended from time to time.) (Ord. 30, 1999) B. Lateral. A sewer lateral is that entire underground pipe including the connection between the sewer main and the structural improvements on private property and shall include both the portion on private property and the portion in the public or District right of way. (Ord. 8, 1971) C. Rubbish. The word "rubbish" shall include leaves, shrub trimmings, small tree branches not to exceed two (2) inches in diameter and four (4) feet in length, excelsior, wooden ware, printed matter, paper, pasteboard, paper containers, lawn clippings, rags, straw, discarded clothing, crockery, bottles, tin cans, metal vessels, and residential waste material of every character accumulated within the District except garbage or tree or shrub trimmings occasioned by the maintenance or construction of public utility lines or the activities of City crews. (Ord. 2, 1956) D. Sewerage facilities. Those pipe lines, plant facilities and appurtenances constructed, maintained and operated by the District primarily for the collection of sewage and the conveyance thereof to the sewage treatment plant for the treatment of the sewage. (Ord. 30, 1999) E. Sewer Main shall also include the phrases "main sewer line" and "main sewer ". A sewer main is the underground pipe structure in the public or District right of way which acts as a gathering system for one or more sewer laterals. (Ord. 8, 1971) F. Trash. "Trash" shall mean all solid and semi -solid wastes including garbage, rubbish and trash but does not include hazardous wastes, abandoned vehicles, construction debris, medical waste, sludge and similar materials. For purposes of the regular collection of trash by District's franchisee, the items of trash may. be limited to exclude tires, household appliances and other similar large items or special categories of trash. Included within the term are newspapers, glass, plastics, cardboard and other materials that are discarded but which may be recycled by District's franchisee for consideration. (Ord. 30, 1999) 14 • • Title 3 Chapter 3.01 - Board of Directors Section 3.01.010. Elections. The District does hereby adopt the following as its candidate regulations. Candidate's statements shall be limited to 200 words or less. Each candidate shall pay his /her own costs of candidate statements and any translations into languages other than English. (Ord. 30, 1999) Section 3.010.020. Board Officers. Those certified as elected shall enter office on or after noon of the first Friday in' December after the election and upon taking the oath of office. The Board shall elect a President and a Secretary from among its members. Election shall be made as soon as practicable after the results of a District election have been certified and the officers have taken their oaths of office. At that time a President and Secretary shall be elected, and a Vice - President and Assistant Secretary may also be elected. (Reso. 96 -593, 1996) Section 3.01.025. Board Responsibility. It shall be the responsibility of the Board to fulfill the District's mission of providing sewage collection and trash collection and related recycling activities in an efficient, dependable and economical manner. The Board shall perform its mission by adopting ordinances, resolutions, policies and by taking other action during its regular or special meetings, or to otherwise make recommendations on the same during the meeting of a standing committee. The Board is entrusted with the following specific duties: (a) Set policy for District operation. (b) In coordination with the Treasurer, set an annual budget and monitor spending throughout the year. (c) Set rates for service. (d) Ensure that the District has sufficient staff and other resources to fulfill its mission. (e) Have a master plan for the operation of the District including a facilities replacement schedule for facilities failure or obsolescence. (Ord. 30, 1999) Section 3.01.030. Compensation. Pursuant to the provisions of Health and Safety Code Section 6489, compensation is set for each day's attendance at a Board meeting, or for each day's service rendered as a Director at the request of the Board, the sum of two hundred twenty one dollars per day, not to exceed a total of six days in any calendar month. (Ord. 59, 2007) 15 The following meetings shall be eligible for such per diem service: 1. Board meetings 2. Advisory committee meetings such as subcommittees 3. Approved conferences or organized educational activities 4. Orange County Sanitation District (OCSD) meetings 5. Santa Ana River Flood Protection Agency (SARFPA) meetings 6. Independent Special Districts of Orange County (ISDOC) meetings 7. Orange County Local Agency Formation Commission (LAFCO) meetings 8. California Special Districts Association (CSDA) meetings 9. California Association of Sanitation Agencies (CASA) meetings 10. Orange County Council of Governments (OCCOG) meetings 11. WACO meetings. 12. Costa Mesa Chamber of Commerce meetings 13. Educational Outreach and Presentations 14. City of Costa Mesa Council meetings 15. Mesa Consolidated Water District meetings 16. Irvine Ranch Water District meetings 17. City of Newport Beach meetings 18. Costa Mesa Sanitary District/Mesa Consolidated Water District/Costa Mesa Liaison Committee meetings 19. Waste Discharge Regulation meetings (WDR) 20. Water Environment Association (WEF), California Water Environment Association (CWEA) and the local section Santa Ana River Basin Section (SARBS) 21. Solid Waste Association of North America (SWANA) 22. Integrated Waste Management Commission (IWMC) The Board member shall also be entitled to his /her reasonable expenses incident thereto. (Ord. 73, 2009) Section 3.01.035. Sunshine Law Compliance. In accordance with Chapter 700 of the 2005 Statutes, the District shall comply with the Local Govemment Sunshine Law by attending ethics training as mandated. Daily compensation for occurrences shall be set forth in Section 3.01.030 and reimbursement for travel expenses shall be made in accordance with Section 3.01.090 as the same may be supplemented. Expense reimbursement shall be made on District forms that show that expenses are within policy. Board members shall provide brief reports on meetings attended at public expense at the next regular Board meeting. (Ord. 55, 2006) 0 r� l�J Section 3.01.040. Conflict of Interest. (a) The District has adopted the model conflict of interest code as set forth in Regulation 18700 of the Fair Political Practice Commission and its own appendix and will review said appendix on a regular basis as required by law. The Board members and the District's officers and employees shall . comply with said Code. 16 (b) Board members shall also not engage in inconsistent, incompatible or inimical employment. Acceptance of an office that is incompatible with another office automatically vacates the first office held. (c) Board members shall not have a prohibited interest in any contract made by them in their official capacity. It is also prohibited to attempt to influence such a decision. (d)' Board members shall not accept any discount with a transportation company because of his /her official status. (Reso. 95 -579, 1995); .(Ord. 30, 1999) Section 3.01.045. Private engineering work within the District boundaries. Should the District Engineer perform .civil engineering work for a private client that requires District approval, the District Engineer shall not approve those plans in his capacity as District Engineer. Should engineering review be required, it shall be referred by the General Manager to civil engineer. Section 3.010.050. Place of Regular Meetings. The Board of Directors shall meet at 628 W. 19th Street, Costa Mesa, California, unless notification is otherwise given. (Ord. 13, 1978) (Ord. 53, 2005) Section 3.01.060. Time of Regular Meetincis. The Board of Directors shall hold its regular meetings on the fourth Thursday of the month at 5:30 p.m. unless notification is otherwise given. The Board shall endeavor to conduct its business on its regular meeting date and if a meeting must be rescheduled, shall endeavor to schedule any specially set meetings to a later date.. Nothing herein stated is meant to preclude the District from scheduling a meeting at an earlier date and /or time, provided notice has duly been given, when the same is determined to be in the District's best interests. Any person having business before the Board showing an acceptable excuse for not being present due to changed date, time or place of a meeting may request the Board to reschedule the item for a subsequent meeting. (Ord. 65, 2008) Section'3.01.070. Brown Act. The provisions of the Ralph M. Brown Act shall be observed for all Board business. (Ord. 30, 1999) Section 3.01.073. Parliamentary Matters. The Board may only take action at a duly authorized meeting. A motion, followed by a second, shall be the usual method to bring a matter before the Board for action. Roberts' Rules of Order maybe used as a guide but shall not be binding. (Ord. 38, 2001) Section 3.01.074. General Public Meeting Rules. (a) Any person desiring to address the Board shall only speak when recognized by .the presiding officer. Persons should address their comments to the presiding officer and not to other Board members or staff. The Board and staff should likewise not engage in a dialogue with a member of the public without first securing the permission of the, presiding officer. Cross - examination of the Board or staff is not allowed. If a speaker has questions, he should state those questions as part of his presentation. After he has completed his presentation the presiding officer shall determine if a response is required and who should respond. 17 Alternatively, the presiding officer may direct that a staff person meet with the speaker at a later time to address the areas of inquiry. 0 (b) A public meeting is a limited public forum and remarks must be related to the subject matter over which the District has jurisdiction. Irrelevant speech may be ruled out of order. (c) Time limits for speakers may be established. (d) All speakers and the Board must preserve order and decorum and no profanity or indecorous language or personalities shall be allowed. (e) No person shall be allowed to approach the Board dais but shall submit materials to the Board by handing those items to the District Clerk. (f) The Board may appoint a sergeant at arms. The presiding officer may clear the meeting for disruptions to the meeting, in accordance with the Brown Act. Additionally, Penal Code Section 403 makes it a misdemeanor to willfully disrupt a public meeting. (Ord. 74, 2009) Section 3.01.075. Agenda distribution. Agenda materials shall be made available to the public in accordance with the Brown Act. The District shall normally charge for copies. Notwithstanding the foregoing, the District Clerk may make copies available without charge to public officials who might have a position with another public agency that interface with the District and its functions. (Ord. 74, 2009) Section 3.01.076. President. The President shall preside over all meetings. In his absence the Vice- President shall preside. In accordance with Health and Safety Code Section 6487, the President shall sign all contracts, deeds, releases, receipts and other documents, unless such authority has been otherwise delegated in this Code. In the President's absence, the Vice President may sign all contracts, deeds, releases, receipts and other documents.(Ord. 30, 1999) Section 3.01.077. Secretary. The Secretary shall countersign all contracts, deeds, warrants, releases, receipts and other documents, unless this authority has been otherwise delegated in this Code. In his absence, the Vice - Secretary may perform those duties. (Ord. 30, 1999) Section 3.01.080. Appointments. That as soon as practicable after the results of a District election have been certified and the officers have taken their oaths, other appointments to various bodies shall also be made. (Reso. 96 -593, 1996) Section 3.01.085. Vacancies. Vacancies on the Board shall be filled in accordance with Health and Safety Code Section 6483 and Government Code Section 1780. (Ord. 30, 1999) • Section 3.01.090. Conferences, Travel and Expenses. (a) The Board of Directors recognizes the benefit derived from Directors attending out of County educational seminars, conferences, programs, political hearings and functions. No Board member shall incur such expense outside Orange County without prior Board approval. (b) Board members are authorized to attend any meeting, conference or seminar from which the district will derive benefit within Orange County without prior Board approval and to have such expenses reimbursed, subject to the limitations provided for herein. (c) The expenses allowed include, but are not limited to, . meals, transportation, lodging, and registration fees, which are reasonable and substantiated by receipts, unless paid for directly by the District. Lodging shall not exceed the maximum group rate offered by the sponsor. Members shall also use group or government rates for transportation or shall use IRS rates. Automobile mileage shall be reimbursed at the current standard mileage rate established by the Internal Revenue Service. (d) Board members shall present their reimbursement requests for such expenses to the Board by invoice or other suitable substantiation supported by receipts or similar proof of payment. (e) For all reasonable meals, transportation and lodging expenses, the General Manager may reimburse the Board member's expenses, prior to Board approval and obtain ratification at the next regular Board meeting. Expenses not ratified by the Board of Directors will be deducted from a subsequent payment. All expense reimbursements other than meals, transportation and lodging must be submitted for Board approval prior to reimbursement. (f) Expense reimbursements shall be in addition to the daily compensation that Board members may be entitled to pursuant to Health and Safety Code Section 6489 and Section 3.01.030 of this Code. (g) District staff shall maintain a credit card. or other account that allows for the direct payment of airline tickets, hotel rooms, registration fees and other expenses. The General Manager shall establish policies and procedures for utilization of the credit cards and /or other accounts. (h) Nothing stated herein is meant to be a limitation on a Board member's right to attend any event at the Board member's own expense. (i) Board members shall be cognizant of the Brown Act and any exceptions thereto whenever a quorum of the Board is present at the same location. (Ord. 52, 2005) (Ord. 55, 2006) 19 Section 3.01.092. Miscellaneous expense reimbursement. The Board of 0 Directors recognizes that Board members will incur other expenses on behalf of the District for which reimbursement may be appropriate. To substantiate that such reimbursement is appropriate, Directors should establish that the expenses were actual, reasonable and necessary in service to the District. Certain expenses for supplies may be reimbursed by substantiating that the item or a portion of the item was used for District business. Such items include, but are not limited to, toners, cartridges, paper and related material involved in electronic processing of information by facsimile, copier, email, computer and other technological devices. To be eligible for reimbursement, a District - provided form should be used, which substantiates the purchase and documents the use or a portion of the use for District business. (Ord. 58, 2007) Section 3.01.100. Interaction with Staff. Requests for information may be made by individual Board members and will be responded to unless the General Manager determines that it would involve an inordinate amount of time, in which case he may ask that the item be placed on the agenda for full Board action. Copies of materials prepared for one Director shall be distributed to all Directors. Board members should only direct staff to take action when done as part of Board action during a meeting. Any Board member shall have the right to have such matters placed on the agenda for discussion. (Policy Statement 11/14/1991) Chapter 3.02 - Officers and Employees 0 Section 3.02.010. General Manager. The Board may appoint a General Manger to plan, manage, and operate the District and to report to the Board. Said duties may be more fully set forth in the District's job description for said position and in any employment contract with said person which shall be kept with the District's official records. (Reso. 92- 523, 1992) Section 3.02.020. District Engineer. The General Manager may appoint an engineer to design various projects for the District and to render engineering advice to the General Manager. The District Engineer is authorized to approve designs as to reasonableness of public improvements for which Board approval is not required. Such discretionary authority is hereby delegated to the District Engineer for the purpose of the design immunity defense provided in Government Code 830.6 or successor statue. The approval of design extends to "as builts" which are accepted. (Reso. 92 -524, 1992) (Ord. 49, 2005) Section 3.02.030. District Counsel. The Board may appoint a general counsel to provide it with legal advice and render other legal services. The duties to be provided shall be set forth in said Attorney's retainer agreement. (Ord. 30, 1999) Section 3.02.040. Treasurer. Pursuant to Health and Safety Code Section 6001, the District shall appoint a treasurer to be responsible for managing the District's is investment portfolio . A surety bond shall be fixed by the Board and maintained at all times. The Board has determined that a master bond may be used that meets the 20 • requirements of Government Code Section 1481. (Reso. 85- 438, 9985) Section 3.02.050. Employees. The Personnel Rules of the District shall be adopted by.separate resolution of the District. The Personnel Rules shall set forth the terms and conditions of the employment relationship. . The only persons who are "employees" of the District are those persons who are paid through payroll. (Ord. 70, 2008) Section 3.02.055. Employment Subject to Criminal History Report. (a) The District is ' hereby authorized to access state and federal level summary criminal history information for employment (including volunteers and contract employees), licensing, or certification purposes and may not disseminate the information to a private entity. (b) A person shall be prima facie disqualified for District employment if the person has been convicted of a felony or of a misdemeanor involving moral turpitude. As used herein, the term conviction includes pleas of guilty and nolo contenders. The General Manager, as personnel officer, is specifically authorized to obtain criminal history information as provided for in Section 11105 and 13300 of the Penal Code of the State of California. Applicants shall be required to submit their fingerprints and to cooperate so that the General Manager can obtain said information. (c) An applicant who is thus prima facie disqualified for employment may make an appeal in writing to. the General Manager. The General Manager shall consider the mitigating factors such as, but not limited to; evidence of rehabilitation, length of time elapsed since such conviction, the age of the person at the time of the conviction, contributing social or environmental conditions, the nature and seriousness of the conduct, the circumstances surrounding the conduct, the position for which the person is applying and whether the conviction is unrelated to that position. The General Manager shall render a decision based on the above factors which shall be final and conclusive. (d) The General Manager shall report to each appointee the fact of the appointee's suitability for District service. In the event the General Manager determines that the character and background of an appointee makes the appointee unsuitable for District service, the General Manager shall take appropriate action. (Ord. 70, 2008) Section 3.02.060 Administrative Regulations. The General Manager is authorized to promulgate administrative regulations to supplement the Personnel Rules and to set forth other employment- related rules. (Ord. 30, 1999) (Ord: 54, 2005) 21 Section 3.02.070. Staff Expenses. No staff person or person other than a Board member shall incur any expense for reimbursement for travel, conferences, meetings, seminars or related matters that occur within the State of California without prior General Manager approval. No staff person or person other than a Board member shall travel out of state for conferences, meetings, seminars or related matters without prior Board approval The Board may approve recurring or ongoing expenses. (Reso. 96 -586, 1996) • • 22 • Title 4 Chapter 4.01 - Financial Provisions Section 4.01.010. Administration of Funds. Pursuant to the authority of Health and Safety Code Section 6801, the Board has determined to administer its own funds and has done so by Resolution 85 -438. The District's General Manager shall administer, pay out, and otherwise be responsible for the handling of District funds. The General Manager shall be authorized to open and maintain accounts in institutional depositories qualifying pursuant to Government Code Sections 53530 through 53683 to administer said funds. (Ord. 30, 1999) Section 4.01.020. Treasurer. The Board shall appoint a treasurer who shall post a fidelity bond in an amount as determined by the Board. The clerk shall ensure that said bond remains on file and is in effect,at all times. Said bond may be a master bond. (Reso. 85 -438, 1985) Section 4.01.030. Warrants. In accordance with Health and Safety Code 6794, all warrants shall be approved by a resolution which sets forth the name of the payee,, the fund from which paid, and the general purpose of the payment. (Ord. 30, 1999) Section 4.01.040. Signatures. The signature of the General Manager and President shall both be required on any instrument withdrawing funds from District accounts. A facsimile signature may be used for such purpose. (Ord. 30, 1999) Section 4.01.050. Assessment Chanues. The General Manager or his /her designee shall have the authority to make changes, corrections and cancellations on the tax roll with respect to special assessments. (Reso. 97 -603, 1997) Chapter 4.02 - District Investments Section 4.02.010. District Investment Policy. Pursuant to the provisions of Government Code Section 53630 et seg. the Board shall adopt an Investment Policy Statement that shall be consistent with State law and the Board's wishes. Said investment policy shall be reviewed annually and approved at an annual meeting. The Board and an oversight committee shall further review the District's investments on at least a quarterly basis. (Ord. 30, 1999) 23 Chapter 4.03 - Financial Policies Section 4.03.010. Summary. A summary of the District's Financial Policies includes the following principles: (a) Operating Reserves: The District will maintain a minimum designated Reserve for Working Capital equal to 15% of its operating budget within its Solid Waste Fund and 10% of its operating budget within its Liquid Waste Fund. (b) Fairness and Equity: All customers of the District will pay their fair, equitable, and proportionate cost of the services provided by the District. (c) Recurring Revenue Growth: Recurring expenditure increases should not be approved which exceed recurring revenue growth. Any new or expanded programs will be required to identify new funding sources and /or off - setting reductions in expenditures. (d) Risk Management/Retention: The District will maintain appropriate reserves for general liability claims and other programs or self insured risk retention levels to meet statutory requirements and actuarially projected needs. (e) Long Range Fiscal Perspective (Capital Expenditure Policy): The District will maintain a long -range fiscal perspective through the use of an Annual Operating Budget, Long Range Capital Improvement Program, and multi -year revenue and expenditure forecasting. (f) Capital Improvements: Major capital improvement projects will be funded using the most financially prudent method available. Such methods include: 1) Traditional long -term financing (bond issues); 2) "Pay As You Go" financing (using recurring revenues only); 3) Combination of debt financing and "Pay As You Go" financing; and, 4) Using accumulated cash reserves in excess of policy requirements. (g) Generally Accepted Accounting Principles: District staff shall comply with all generally accepted accounting principles promulgated by the state and federal government, regulatory agencies such as the Government Accounting Standards Board (GASB) and relevant professional associations such as the Government Finance Officers' Association (GFOA). Ord. 34, 2000) 24 • • • Section 4.03.020. Operating Reserves. This policy establishes a minimum level of Reserves for Working Capital within Operating Funds of the District. Operating Funds of the District consist of the Solid Waste Fund and the Liquid Waste Fund. (a) Policy: The District will maintain a minimum designated Reserve for Working Capital equal to 15% of its operating budget within its Solid Waste Fund, and 10% of its operating budget within its Liquid Waste Fund. (b) Operating Reserves Required' The Reserves for Working Capital for Operating Funds will be maintained, at a level equal to 15% of its operating budget within its Solid Waste Fund, and 10% of its operating budget within its Liquid Waste Fund, for the fiscal year. The District has a period of negative cash flow for the first five months of the fiscal year until such time as the annual charges have been collected and remitted to the .District. This level of operating reserve provides the District with the necessary liquidity and resources to cover this period of negative cash flow as well as unanticipated expenses. It is prudent for governmental entities to maintain operating reserves which constitutes a sound operating practice as determined by oversight bodies, professional organizations, bond rating agencies and bond insurance companies. The operating reserve may only be accessed under the following circumstances, and only with Board approval. 1. Federal /State budget cuts resulting in loss of grant funding; 2. Local revenue shortfalls due to a downturn in the local economy (i.e. recession of the early 1990s and its impact on local units); 3. Increase in demand for specific services; 4. Legislative or judicial mandates to provide new or expanded services or programs without new or fully off- setting revenues; 5. One -time Board approved expenditures; 6. Unexpected increases in inflation (Consumer Price Index); and, 7. Natural disasters (earthquakes, fires, or other general infrastructure failures). If the operating reserves are required to be used, staff will incorporate a plan to restore the Reserves for Working Capital to 15% of the Solid Waste operating budget and 10% of the Liquid Waste operating budget as part of the subsequent year's proposed budgets. Originally adopted by Ordinance 34, July 13, 2000; amended by Ordinance 71, September 18, 2008. 25 Section 4.03.030. Fairness and Equity. This policy establishes District policy with regard to the calculation of rates and charges to District customers. It is the intention of this policy to ensure that all classes of users are equitably charged for the services rendered. (a) Policy: All customers of the District will pay their fair and proportionate cost of the services provided by the District. (b) Effective Date: The effective date of this policy is July 1, 2000. (c) Date Adopted: July 13, 2000. (Ord. 34, 2000) Section 4.03.040. Recurring Revenue Growth. This policy sets forth that recurring revenue growth (inflation) will be used to pay for recurring expenditures. (a) Policy: Recurring expenditure increases should not be approved which exceed recurring revenue growth. Any new or expanded programs will be required to identify new funding sources and /or offsetting reductions in expenditures. (b) Matching Revenue to Expenditures: Recurring revenue growth may not always increase at a rate equal to or faster than the recurring expenditures it supports. As a result, the District will avoid using such growth as start-up revenue for new projects or programs that have ongoing costs. Increases in service levels should be supported by new or increased revenue sources or reallocation of existing resources. If normal revenue inflation and /or growth does not keep up with expenditures inflation, the District will decrease expenditures or seek new revenue sources. If long -term revenues grow at a rate faster than expenditures inflation, the Board can consider expanding service levels accordingly or reducing rates, fees, charges, etc. (c) Effective Date: The effective date of this policy is July 1, 2000. (d) . Date Adopted: July 13, 2000. (Ord. 34, 2000) Section 4.03.050. Risk Management/Retention. The District will maintain adequate levels of reserves for self- insured risk retention levels. (a) Policy: The District will maintain appropriate reserves for general liability claims and other programs or self- insured risk retention levels to meet statutory requirements and actuarially projected needs. (b) Risk Management/Liability Reserves: General liability insurance reserves are maintained in a sufficient manner to fund the District's recorded liabilities for lawsuits and other claims arising out of the ordinary course of business. These reserves should also be maintained in such a manner to fund estimated losses for 26 • 0 claims and judgments, levels of self- insurance or other retained risks. Losses for claims incurred but not reported may be pre- funded in the reserves or may be funded when the probable amount of loss can be reasonably estimated. Such reserves will also meet all applicable statutory requirements. The minimum level of the reserves will be determined on an annual basis. If the reserves drop below levels prescribed by this policy and cannot be readily replenished, staff will bring the matter to the Board's attention. In discussing the inadequacy of the reserves with the Board, staff will make every effort to give the Board viable options in choosing the best course of corrective action. (c) Effective Date: The effective date of this policy is July 1, 2000 (d) Date Adopted: July 13, 2000. (Ord. 34, 2000) Section 4.03.060. Lona Range Fiscal Perspective (Capital Expenditure Policy). A long range fiscal perspective will be maintained to provide a more. comprehensive overview of the District's needs. (a) Policy: The District will maintain a long -range fiscal perspective through the use of an Annual Operating Budget, Long Range Capital Improvement Program, and multi -year revenue and. expenditure forecasting. The General Manager shall develop and annually update a long range projection of capital expenditures. The first year of the projection will be incorporated into the annual budget of non - operating funds. The Board of Directors will consider projects based on necessity and availability of financing and establish. project priorities based upon staff recommendations. The Capital Expenditure Program shall be reviewed and updated annually. It is recognized that with time, certain factors will change and influence specific projects requiring acceleration, deferment, termination or adjustment in the scope of a project. The annual update will provide a review to consider such changes. Prior to commencement of any design or construction work on any project covered in the Capital Improvement Program, the project shall be submitted to the Board of Directors for authorization to proceed. (b) Long Range Planning: A long -range financial perspective is essential to provide a more comprehensive and thorough overview of the District's long -term financial needs. Components of this action plan include the use of an Annual Operating Budget and multi -year revenue and expenditure projections. This approach will be supported by staffs use of historical data and comparative data as appropriate. In addition, a Long Range Capital Improvement Program will be maintained and annually updated to help the Board better understand the potential long -term funding sources and cost impacts on the District's operating budget. (c) Effective Date: The effective date of this policy is July 1, 2000. (d) Date Adopted: July 13, 2000. (Ord. 34, 2000) 27 Section 4.03.070. Capital Improvements. The District will develop appropriate funding mechanisms for long -term capital improvements. (a) Policy: Major capital improvement projects will be funded using the most financially prudent method available. Such methods include: 1) Traditional long -term financing (bond issues); 2) "Pay As You Go" financing (using recurring revenues only); 3) Combination of debt financing and "Pay As You Go" financing; and, 4) Using accumulated cash reserves in excess of policy requirements. (b) Capital, Improvement Funding: The traditional method to obtain funds for major capital improvement projects has been to issue long -term debt instruments such as bonds, Certificates of Participation (CoPs), etc., which mature 15 to 30 years from the date if issuance. In general, a bond issue's maturity should approximate the useful life of the asset being financed. Long -term capital improvement financing needs should be financed, as much as possible, with long -term debt (bonds). Short-term capital improvement financing needs should be financed with short-term debt (short-term lease purchase, revenue anticipation notes, etc.). However, it is also acceptable to use cash which has been accumulated in excess of policy requirements to pay for either long -term and /or short term capital improvements. The actual use of accumulated cash for such projects will be determined by the District Board on a case -by -case basis. It is the District's practice to use whatever financing mechanism(s) that best meets the goals and objectives of the applicable capital improvement project(s). Specifically, the following general rules will be used in determining what to finance and how: 1 Capital improvement projects of less than $100,000 should be financed out of operating revenues (or accumulated cash). Such projects may be included in the Long Range Capital Improvement Program (CIP). 2. Capital improvement projects in excess of $100,000, or inter - related projects in excess of $100,000, will be made a part of the Long Range CIP, and all such. projects should be grouped to allow effective use of financing mechanisms or other funding sources. 3. On -going expenses related to Capital Improvement Program projects (e.g. maintenance and staffing costs) must be identified and the source of on -going revenues to support those costs must be identified. Debt financing will not be used to support on -going operating costs. 4. Prior to commencement of any design or construction work on any project covered in the Capital Improvement Program, the project shall be submitted to the Board of Directors for authorization to proceed. (c) Effective Date: The effective date of this policy is July 1, 2000. 0 (d) Date Adopted: July 13, 2000. (Ord. 34, 2000) r; 0 Section 4.03.080. Generally Accepted Accounting Principles. The District will comply with all generally accepted accounting principles promulgated by the state .and federal government, regulatory agencies, and relevant professional associations. (a) Policy: District staff shall comply with all generally accepted accounting principles promulgated by the state and federal government, regulatory agencies such as the Government Accounting Standards Board (GASB) and relevant professional associations such as the Government Finance Officers' Association (GFOA). (b) Standard: All books and records shall be maintained in accordance with such standards promulgated by the aforementioned agencies. Financial statements shall be prepared and presented to the Board on a periodic basis as determined by the Board and in such a format so as to conform to professional reporting standards and in sufficient detail to provide the Board with information necessary for management decision - making purposes. In full compliance with California Government Code Section 53646, the City Treasurer, will prepare a formal set of Investment Policies for Board of Directors adoption. This is to be done on an annual basis. (c) Effective Date: The effective date of this policy is July 1, 2000. (d) Date Adopted: July 13, 2000. (Ord. 34, 2000) Chapter 4.04 Purchasing Section 4.04.010. Title. This chapter shall be known and may be cited and referred to as the "Purchasing Ordinance of the Costa Mesa Sanitary District." Section 4.04.020. General Purpose. The purpose of this chapter is to define a uniform system for the purchase of supplies, services and equipment by the District, to provide for the fair and equitable treatment of all persons involved in the purchasing process, to obtain the highest possible value in exchange for public funds and to safeguard the quality and integrity of the purchasing system. Section 4.04.030. Definitions. (a). Unless otherwise indicated, the following definitions shall apply to all provisions of this chapter: . 1. "Act" means the Uniform Public Construction Cost Accounting Act found in Public Contract Code Section 22000 et seg. 2. "Alternative purchasing procedure" means purchasing supplies, services or equipment when any of the following situations exist: An emergency; no competitive market; competitive bidding already completed; state purchases; or no bids received. 29 3. 'Best value" means the best value to the District based on all factors that is may include, but not limited to the following: A. Cost; B. The ability, capacity and skill of a contractor to perform a contract or provide the supplies, services or equipment required; C. The ability of a contractor to provide the supplies, services or equipment promptly or within the time specified without delay or interferences; D. The character, integrity, reputation, judgment, experience and efficiency of a contractor; E. The quality of a contractor's performance on previous purchases /services with the District; and F. The ability of a contractor to provide future maintenance, repairs, parts and services for the use of the goods and services purchased. 4. "Authorized contracting party" means the District official or body provided with authority under this chapter to approve a contract or to make a purchase. 5. "General Manager" means the general manager or person designated by the general manager to perform all or some of the duties prescribed in this chapter. 6. "Commission" means the California Uniform Construction Cost Accounting Commission created by Division 2, Part 3, Chapter 2, Article 2 of the California Public Contracts Code (commencing at Section 22000). 7. "Direct bidding procedure" means quotes shall be obtained, if applicable for purchases more than five thousand dollars ($5,000) and less than thirty thousand dollars ($30,000) and a Pricing Quote Sheet completed. The general manager shall approve final selection 8. "Emergency" for purposes of public projects shall have that meaning provided in Public Contract Code Sections 22035 and 22050. Emergency for all other purchasing purposes means a situation which makes competitive bidding, either formal or informal, impractical or not in the best interests of the District. 9. "Formal bidding procedure" means a procedure which meets the requirements of state and local law, including the Act, this chapter and any policies and procedures approved by the general manager consistent with this chapter. 30 10. "Informal bidding procedure" means that at least three (3) bids shall be obtained from a predetermined vendor list for purchases of more than thirty thousand dollars ($30,000) and less than one hundred twenty five.thousand dollars ($125,000) and the general manager shall approve final selection. 11. "Maintenance work" shall have that meaning provided in Section 22002(d) of the Act, as that Section may be amended from time to time. In accordance with the Act, maintenance work shall include, but shall not be limited to, all of the following:. A. Routine, recurring, and usual work for the preservation or protection . of any publicly owned or publicly operated facility for its intended purposes. B. Minor painting. C. Sewer maintenance, including videotaping, cleaning, manhole restoration and pump station maintenance are repairs. D. Maintenance of facilities, including roof repairs, heating and air conditioning repairs, and electric repairs. E. Vehicle and equipment maintenance and repairs. 12.. "Negotiated contract" shall mean a written agreement which details terms and conditions of the purchase. 13. "Professional services" means all services performed by persons in a professional occupation, including, but not limited to, consulting and performance services for accounting, auditing, computer hardware and software support, engineering, architectural, planning, financial, legal, management, environmental, communication and other similar professional functions which may be necessary for the operation of the District. 14. "Public project' shall have that meaning provided in Section 22002(c) of the Act, as that Section may be amended from time to time. In accordance with the Act, public project shall not include maintenance work. In addition, public project shall include, but shall not be limited to the following: a., Construction, reconstruction, erection, alteration, renovation, improvement, demolition involving any publicly owned, leased, or operated facility. 15. "Purchasing officer" means the general manager or his or her designee(s) as provided in Section 4.04.040. Pursuant to Section 4.04.040, the general manager may change his or her designation at any time. 31 Section 4.04.040. Purchasing Officer. The purchasing officer shall be the do general manager or his or her designee(s). If the general manager designates one or more persons to act in this role, the purchasing officer(s) shall serve at the pleasure of the general manager. The duties of the purchasing officer may be combined with those of any other officer(s) or position(s). Section 4.04.050. Purchasin Officer - Powers and duties. (a). The purchasing officer, in accordance with the policies set forth in this chapter and in any written procedures approved by the general manager consistent with this chapter, shall have the power to: 1. Purchase or contract for supplies, services and equipment required by the District. 2. Negotiate and recommend to the Board of Directors execution of contracts for the purchase of supplies, services and equipment. 3. Prepare and implement policies and procedures governing the bidding, contracting, purchasing, storing, distribution and disposal of supplies, services and equipment for the District. 4. Prescribe and maintain such forms as may be reasonably necessary to the implementation of this chapter and any other policies and procedures approved by the general manager consistent with this chapter. 5. Sell any supplies and equipment not needed for public use or that may become unsuitable for their intended use. 6. Develop and maintain any bidder's list, contractor's list or vendor's catalog file necessary to the operation of this chapter and any other policies and procedures approved by the general manager consistent with this chapter. Section 4.04.060. Purchasing Polices and Procedures. (a). The District shall secure supplies, public projects and equipment at the lowest cost commensurate with the quality and scope needed, and subject. to any limitations imposed by state law. (b). The District shall secure professional and maintenance services based on Best Value and subject to any limitations imposed by state law. (c). In purchasing, supplies, services and equipment, the District shall make use of competitive bidding, either direct, formal or informal, whenever required by law, this chapter, or any policies and procedures approved by the general manager consistent with this chapter. �J 32 • (d). Direct, formal or informal competitive bidding is not required, for instance, when an "emergency" is declared pursuant to Section 4.04.120(a) of this chapter. (e). Change Orders. The general manager shall have authority to approve change orders up to the cumulative amount of ten percent of the original contract. The -Board of Directors shall have the authority to approve any change order in an amount exceeding ten percent of the original contract amount. Section 4.04.070. Bidding, Purchasing and Contracting. (a). $5,000 or less: Any purchase of $5,000 or less may be awarded by the general manager or his or .her designee(s) responsible for the project by any direct bidding procedure as defined herein. (b). $5,001 - $125,000: Any. purchase of more than five thousand dollars ($5,000), but less than or equal to one hundred twenty -five thousand dollars ($125,000) may be awarded by the general manager pursuant to the informal bidding procedure set forth in Section 4.04.100. (c). $125,001 or more: Any purchase of more than one ,hundred twenty -five thousand dollars ($125,000) shall be awarded by the Board of Directors pursuant to the formal bidding procedure set forth in Section 4.04.110. (d). District Engineer Approval. The district engineer shall review and approve the working details, drawings, plans, and specifications prepared for public projects. (e). Purchasing Officer Approval: The purchasing officer, or his or her designee, shall review and approve all contracts of five thousand dollars ($5,000) or more. (f). Five -Year Term Limitation: No agreement or contract shall extend for a period of more than five (5) years, including any authorized extensions. Excepted from the foregoing limitation shall be the trash and recycling contracts and the professional services contracts for those persons serving as District Officers including General Manager, District Engineer, District Counsel and District Treasurer. Section 4.04.080. No Bidding Requirement. In purchasing, supplies, services and equipment .that will cost $5,000 or less no bids are required. The District shall negotiate the best price for the District and issue a purchase order. 33 Section 4.04.090. Direct Bidding Procedure. 0 (a). Direct bidding procedures shall be used for purchases between $5,001 and $30,000. (b). If practical, at least three (3) vendors or contractors shall be contacted to provide informal quotes. (c). Quotes received will be documented on the District "Quote Sheet ". (d). District's Authority: The District may reject any or all bids received, and may waive any minor irregularities in each bid received. Section 4.04.100. Informal Bidding Procedure. (a). Informal bidding procedures shall be used for purchases between $30,001 and $125,000. (b). Public projects, as defined by the Act and in accordance with the limits listed in Section 22032 of the Public Contract Code, may be let to contract by informal procedures as set forth in Section 22032, et seq., of the Public Contract Code. (c). A list of contractors shall be developed and maintained in accordance with the provisions of Section 22034 of the Public Contract Code and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission. (d). Notice Inviting Informal Bids. Where a public project is to be performed which is subject to the provisions of this chapter, a notice inviting informal bids shall be mailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with Section 4.04.100(b), and to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with Section 22036 of the Public Contract Code. The notice shall describe the project in general terms and how to obtain more detailed information about the project, and state a time and place for submission of the bids. Additional contractors and /or construction trade journals may be notified at the discretion of the District soliciting bids, provided however: 1. If there is no list of qualified contractors maintained by the District for the particular category of work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the Commission. 2. If the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors. (e). Professional services and maintenance work that will cost between $30,001 and $125,000 shall be evaluated using the "Best Value" method. 34 1. If practicable, at least three (3) vendors or contractors shall be asked to submit informal bids, and the District shall endeavor to receive informal bids from at least three (3) vendors or contractors. (f). Proprietary Projects or Products: If the general manager certifies that, to the best of his or her knowledge, the product or service is proprietary in nature and can be obtained only from a limited number of contractors, and that no equivalent products or services are available, the notice inviting informal bids may be sent exclusively to such vendor(s) or contractor(s). (g). District's Authority: The District may reject any or all bids received, and may waive any minor irregularities in each bid received. (h). Proposal Submittal: Contractors shall submit their proposals in writing. (i). No Bids Received: If no bids are received, the general manager may award the contract by any alternative purchasing procedure. Section 4.04.110. Formal Bidding Procedure. • (a). This formal bidding procedure shall be used for purchases greater than $125,000 or whenever formal bidding purchasing is otherwise required by this chapter. • (b). The formal bidding procedure shall comply with all aspects of state and local law governing formal bidding, including, but not limited to, the Public Contract Code, Government Code, Labor Code, resolutions of the Board of Directors as may be adopted from time to time, and policies and procedures as the general manager may approve from time to time. (c). The notice inviting formal bids shall comply with Section 22037 of the Act, as such section may be amended from time to time. For public projects only, the notice inviting formal bids shall be published at least 14 days before the date of opening a newspaper of general circulation as defined in Section 22037 of the Act. The notice shall also be sent to all construction trade journals specified in Section 22036 of the Act at least thirty (30) calendar days before the date of bid opening. Any other notice as may be deemed proper may also be given for any particular project. (d). The Board shall adopt plans, specifications and working details for projects subject to formal bidding. (e). Professional services and maintenance work that' will cost more than $125,000 shall be evaluated using the "Best Value" method. 35 (f). District's Authority: The District may reject any or all bids received, and may waive any minor irregularities in each bid received. (g). Proposal Submittal: Contractors shall submit their proposals in writing. (h). No Bids Received: If no bids are received, the authorized contracting party may award the contract by any alternative purchasing procedure. Section 4.04.120. Using alternative purchasing procedures. For non - Public Projects and other situations provided in this section, an alternative purchasing procedure which results in a. negotiated contract, force account, purchase order or any other procedure determined by the general manager to be in the best interests of the District and in compliance with the District's policies and procedures may be used. (a). Emergencies: In situations determined by the general manager to constitute an emergency for a public project pursuant to Section 22035 of the Act and Public Contract Code Section 22050. The Board of Directors hereby delegates to the general manager the power to declare a public emergency and take any directly related and immediate action required by the emergency. Work shall be performed without the benefit of competitive bidding, either formal or informal, only so long as necessary under those sections. The general manage shall report to the Board at successive regular meetings stating the justification for continuing with the emergency work. (b). Competitive Bidding Already Completed: When the authorized contracting • party determines that a competitive bid procedure has been conducted by another public agency (e.g. through California Multiple Award Schedules or U.S. General Services Administration) and the price to the District is equal to or better than the price to that public agency. (c). State Purchase: When the purchase is made on behalf of the District by the State Department of General Services. (d). No Bids Received: When no bids are received pursuant to either the public project informal bidding procedure or the formal bidding procedure. (e). No Competitive Market: When the general manager determines that a competitive market does not exist, such as, but not limited to, with memberships in certain professional organizations, meetings, conventions, some forms of travel, legal advertising and when the needed supplies, services and equipment are proprietary and can only be provided by one source. (f). Best Interests of the District: When the Board of Directors, on recommendation of the general manager, determines that an alternative procedure will be in the best interests of the District and the policies set forth in this chapter." • 36 • Section 4.04.130. Debarment. The District shall not do business with any person, firm, corporation, or any other entity convicted of any felony. (Reso. 94 -541, 1994) Section 4.04.140. Signature. In accordance with the Health and Safety Code Section 6487, all contracts must generally be signed by the President and countersigned by the Secretary. Purchases orders and contracts for purchases of goods or services or public works below One Hundred Twenty Five Thousand Dollars ($125;000) may be signed by the General Manager or .person formally authorized by the Board by resolution to sign on behalf of the District. Purchase orders and contracts $5,000 or less may be signed by the General Manager or person designated to sign by the General Manager. Chapter 4.05 - Payments 4.05.010 Purpose. This Chapter enacts procedures for the payment of claims consistent with Government Code Section 53910 et seq. 4.05.020 Payments Conforming to Budget. The District Board of Directors delegates to the General Manager the approval of all warrants, including payroll, for which adequate appropriations have been previously approved and adopted by the Board. The General Manager or his /her designee is required to subsequently submit to the - Board a detailed listing of those warrants, excluding payroll, previously approved and released by'the General Manager. The payroll warrants will be aggregated and submitted in total to the District Board of Directors at the next regular Board meeting. 4.05.030 Audit Procedure. The Board of Directors shall audit and ratify all payments on their warrant register each month or at such other intervals as it shall determine. (Ord. 47, 2004) 37 TITLE 5 Chapter 5.01 - Annexations Section 5.01.010. Policy.- It is the policy of the District that no property may be served for sewer or trash unless the same has been annexed to the District and all appropriate fees paid for such annexation. (Ord. 20, 1989) Section 5.01.020. Exceptions. In accordance with Government Code Section 56133 or successor statute (if applicable), and if the Orange County Local Agency Formation Commission (OC LAFCO) first approves of such service within the District's sphere of influence, the Board may determine, in extraordinary circumstances, that a property may be served by a service agreement. Such an agreement should not be entered into unless the Board has determined that it is in the best interests of the inhabitants of the District. (See Trimont v. Truckee Sanitary District (1983) 193 Cal. Rptr. 568) (Ord. 20, 1989, Ord. 30, 1999) Section 5.01.030. Procedure. The following is the typical procedure for processing an application to annex to the District: 0 (a) Applications by the legal owner of the property initiates the process. The District Engineer shall thereafter coordinate the process. 0 (b) The District Engineer assigns an annexation number and the applicant shall deposit a check covering District and other agency fees. (c) The District Engineer shall prepare a map and legal description and forwards the map and legal description to the County of Orange Surveyor's Office for approval and then to the District Counsel to prepare the resolutions required. . (d) District Engineer shall determine if the appropriate environmental review has occurred. (e) District warrants shall be prepared for processing through OC LAFCO, the State Board of Equalization and the County of Orange. (f) The District staff shall develop a detailed procedure that describes this process in greater detail and maintain that procedure for use of staff and the public. (Ord. 30, 1999) • Title 6 • Chapter 6.01 - Sewer Construction and Permits Section 6.01.010. Sewer Main Construction. All sewer mains shall be installed in accordance with the Standard Plans and Specifications for the Construction of Sanitary Sewers, as the same may be amended from time to time. (Ord. 30, 1999) Section 6.01.020. Sewer Lateral Construction. All sewer laterals connected to a District sewer main shall meet the requirements of the District's Sewer Lateral Specifications, as the same may be amended from time to time. (Policy Statement 7/8/1982) Section 6.01.030. Sewer Lateral Extension. When the local agency determines to acquire additional right of way to widen any street or to perform any similar project, the local agency shall also cause the construction design to include the extension of the existing sewer laterals with respect to meeting District approved size, material and slope from the prior property line to the new property line. After District has inspected, approved and accepted the extensions, the District will reimburse the local agency for the cost of these extensions. The District retains the right to extend said laterals in its discretion. (Policy Statement 121411974) Section 6.01.040. Sewer Laterals for Common Developments. Condominiums, townhomes, cooperatives and other land uses in which there is a right to ownership of some part of their living units but .common ownership" of other land and appurtenances, may have private sewage collection systems that may connect to the Districts sewer main and /or sewerage system under the following conditions: (a) Providing there is some form of a common governing body capable of obligating itself to the District for repair, maintenance and upkeep; (b) Providing that there is an independent lateral from each living unit to the central gathering system; (c) Providing that the entire system that is located, on private property including but not necessarily limited to, laterals, central gathering system, clean -outs, and other portions of the system, comply with the Uniform Building Code of the jurisdiction in which the project is constructed; (d) Providing the governing body agrees to comply with District Operations Code with respect to maintenance; (e) Providing that the covenants, conditions and restrictions to be recorded on the project contain provisions providing for individual laterals, a central gathering system, compliance with District Operations Code and such other requirements as the District may establish from time to time, said conditions, covenants and restrictions to be approved by the District Counsel; 39 Such other conditions as the Board ma uniformly impose from time to time. • (fl Y The District may, at its option, accept the central gathering system as District lines assuming the obligation of maintenance, repair and upkeep, provided right -of -way for said central gathering system is dedicated to the District and said central gathering system is constructed in accordance with standard specifications of the District and is inspected and approved by District Engineer. (Policy Statement 2111 11982) Section 6.01.045. Multiple Single Family Dwellings on a Single Lateral Prohibited. Multiple single - family dwellings shall not be connected to a single sewer lateral but shall each have their own lateral unless one of the following criteria is met: (a) When those dwellings are part of a common interest development which has conditions, covenants and restrictions (CC &Rs) establishing a homeowner's association and where such CC &Rs impose the burden of maintaining the lateral on the association and such CC &Rs also meet the approval of the District. (b) For preexisting single - family homes connected to a single sewer lateral before the District enacted its laws requiring a separate lateral to serve each single - family residence, provided those residences do not undergo a major enlargement or remodel and provided no sewer spills have occurred from said residence. (c) For preexisting single - family homes connected to a single sewer lateral before the District enacted its laws requiring a single sewer lateral, that undergoes a major enlargement or remodel, provided that the owners comply with the District's televised sewer lateral program, as described in Chapter 6.03. (d) For purposes of this section, a "major enlargement or remodel" shall occur when the costs of said remodel exceeds $50,000 or adds in excess of 300 square feet. (e) Other than as provided above, no person shall connect, permit, maintain or cause to be connected or maintained, more than one single - family dwelling on a single sewer lateral. Each person connecting, maintaining or permitting a single - family dwelling to be connected in violation of this section shall be guilty of a misdemeanor and punishable as provided in Chapter 1.02 of this code. (Ord. 61, 2007) Section 6.01.050. Major Private Sewer Works on Private Property. The following preconditions shall apply before a connection is made to District facilities of a major private sewer works located on private property: (a) Sewer plans shall have been approved by the District Engineer; (b) At the option of the developer of said sewer project, the project may be inspected in its various stages of construction by the District Engineer; (c) Deposits with the District shall have been made of a sum. of money established by the District Engineer against which the District may draw to cover said sewer plan approval and inspection; 40 (d) Provide to both the District and the City of Costa Mesa, the County of . Orange, or the City of Newport Beach as the case may be, a registered civil engineer's certification that said private sewer project construed on private property and connected to District facilities was constructed in accordance with District's standards. (e) Developer shall submit evidence from the City of Costa Mesa, County of Orange, or the City of Newport Beach, as the case may be, that District public works standards are acceptable for the sewer design in lieu of the Uniform Plumbing Code. (Reso. 94 -550, 1994) Section 6.01.060. Sewer Lateral Specifications. The following shall be the District's sewer lateral specifications: (a) Material of pipe - Any sewer line between the property line and sewer main shall be made of ductile iron pipe, vitrified clay pipe or of such other materials that may meet the approval of the Costa Mesa Sanitary District. (b) Placement - All sewer laterals shall be placed at such a depth that the top of the pipe is five (5) feet below the top of the curb. Where there is no curb or established grade, the top of the lateral must be at least five (5) feet below the ground surface. Every building and structure situated within the boundaries of the Costa Mesa Sanitary District shall have separate and independent sewer connections. In instances where more than one building or structure is situated upon the same lot and owned by the same person, fine or corporation, a permit may be granted by the Sanitary District to allow joint use of a connecting sewer line. (c) Grade - All sewer grades must be at least one - quarter of an inch to the foot sloping towards the outlet and all sections must be laid in perfect line on bottoms and sides. Anything less than a 2% fall is subject to approval by the District Engineer. Cross cuts deep enough to receive the socket of the pipe shall be cut in bottom of the trench so that the pipe will not rest on the socket, but have a bearing the full length of the pipe. (d) Size of pipe - All sewer laterals in the right -of -way shall be six inches in diameter. All native soil must be removed and backfilled as required by the District Engineer. (e) Alignment - All changes in the direction of sewer lines shall be made by the use of wyes (Y's) and one - eighth bends. Where pipes of different materials but of the same diameter are to be jointed, connection shall be made so that the flow line of the two pipes or fittings are to be level. (f) Openings - All wyes (Y's) and tee openings in sewers, which are not used for connections shall be closed by approved plugs. . (g) Clean -outs - A clean -out must be provided behind the property line and the 41 top must not be less than one foot below the grade. All clean -outs shall be made with the use of a wye (Y), and shall run towards the sewer main. (h) Inspection - The Costa Mesa Sanitary District shall provide for the inspection and approval of the construction of all street connections and house sewers to be built within the District. (Policy Statement 71811982) Section 6.01.070. - Acceptance and Inspection of Sewer Lines. No dedication will be accepted and no tie into District facilities will be allowed where the District Engineer has not approved plans and drawings and has not inspected the project during its course of construction. (Policy Statement 121611967) Section 6.01.080. Acceptance of Right of Wav Easements. The following conditions must be met before the District accepts any right of way for underground sewer installation: (a) Parties offering the right -of -way easements shall tender said right -of -way easements on forms approved by DistrictEngineer and supplied by the District: (b) Said right -of -way easement documents are accompanied by a preliminary title report showing the party offering the right -of -way easement to be the fee owner thereof: (c) Said right -of -way easement documents shall be accompanied by such maps or plats as may be required by the District Engineer; and (d) No right -of -way documents will be offered to the District Board for acceptance and recording until the District Engineer has approved the legal description and until the District Counsel has approved the authority of the party signing the right -of -way easement documents to convey right -of -way easement title to the District; and (e) Permits for construction within the right -of -way .easement will not be issued until the Board has accepted the right -of -way easement documents in recordable form as provided for herein; and (f) Any improperly tendered documents will be returned to the offering party to be corrected; and (g) A copy of this Section be provided to any party proposing to offer a right of Way easement to the District. (Reso. 94 -551, 1994) Section 6.01.090. Extension /Oversizing. The District may require a developer or owner to oversize or extend a line or appurtenance or provide additional lines or appurtenances beyond what is required to serve the development being proposed. In such cases the District may determine that it would be fair and equitable for future owners • or users of the lines or appurtenances to reimburse the developer for such additional costs on a pro -rata basis with future owners /users. Such reimbursement may be allowed 42 • under the following conditions: (a) District may require sewer lines to be constructed by a developer of a parcel or parcels at developer's expense to reach District facilities not immediately adjoining developer's parcel. • (b) Other appurtenances or oversizing may also be required. (c) Such sewer line or appurtenance construction may benefit other parcels which adjoin the line constructed by developer. (d Such other parcels should not enjoy a windfall benefit and should share in the cost expended to sewer the first parcel or parcels. (e) Prior to allowing connection to District facilities developers of a subsequent parcel or parcels shall be required to enter into a contract with District whereby such developer of subsequent parcel or parcels agrees to such developer's pro rata share of the original construction cost under terms and conditions established by District. (f) Upon receipt of said sum District shall forthwith remit said sum less administrative costs to the initial developer having paid for the entire sewer line benefiting all parcels. (g) All sums unpaid when due as agreed upon by said contract shall bear interest at the rate of six (6 %) percent from the time due until paid. (h) The District Engineer shall prepare for Board approval a report setting forth the total cost of said sewer line construction, the cost to District for the administration of the contract, the number and location of parcels to be served, the total of other District fees to be shared by all benefiting parcels, and such other data that may be necessary for reimbursement required by this Section. (i) No reimbursement will be made beyond ten (10) years from the date of the final approval of the project by the District Engineer. (j) No connection to any District facility affected by this Section shall be allowed until the provisions hereof shall have been fully complied with and approved by the District Engineer. (Reso. 94 -552, 1994) 43 0 Chapter 6.02 - Sewer and Lateral Maintenance Section 6.02.010. District Maintenance. Unless provided otherwise by contract or other arrangement, District shall maintain those sewer mains and appurtenances that it owns. (Ord. 8, 1971; Ord. 30, 1999) Section 6.02.020. Lateral Responsibility. The property owner shall maintain the lateral that connects to District's sewer main, including any portions that may lie within the public right of way or Costa Mesa Sanitary District easement. Said laterals shall be maintained in a safe, sanitary and unobstructed condition, and all devices or safeguards which are appurtenant to and necessary for the operation thereof shall be maintained in good working order. (Ord. 8, 1971). Section 6.02.030. Sewer or Lateral Work. All work done on or to any sewer or lateral shall be done in a careful and prudent manner so as to not damage District facilities. Only persons licensed appropriately and having all necessary permits shall be allowed to do such work and may be required to post a bond before beginning with the project. (Ord. 8, 1971) Section 6.20.040 Sewer Lateral Assistance Prouram. Based on a finding by the Board that District's assistance to private sewer lateral owners would serve a public purpose and would assist in preventing Sanitary Sewer Overflows in the District, the Board has determined to offer a sewer lateral assistance program, the details of which shall be established in a resolution of the Board. (Ord. 63, 2007) (Reso. 2007 -742, 2007) • 44 Chapter 6.03 0 Televising and Repair of Sewer Laterals 6.03.010 Purpose. The District is under an Order from the State Water Resources Control Board to enact laws to prevent Sanitary Sewer Overflows (SSOs) through the adoption of a comprehensive Sewer System Management Plan. It has been recognized that poorly maintained sewer laterals can cause SSOs, which may reach the storm water system and ultimately the Santa Ana River and the Pacific Ocean. Televising of the sewer laterals at appropriate times will reduce the amount of SSOs. The District finds that requiring such televising at the times described is reasonable and rationally related to the legal obligation of the District to help prevent sewer spills. 6.03.020 Events Requiring Televising of Sewer Laterals. Property owners shall be required to cause an inspection of their sewer lateral prepared by a licensed plumber and utilizing closed .circuit television (CCTV) or other inspection determined by the District Engineer to be equivalent in the following circumstances: (a) Whenever a condominium conversion is proposed. (b) Whenever a major remodel costing in excess of $50,000 or whenever an enlargement of 300 square feet or more is added to a dwelling. (c) Whenever two or more plumbing fixtures are added. (d) Whenever a sanitary sewer overflow occurs at the property. 6.03.030 Requirements for a CCTV Inspection and Repairs. When required under certain sections of the District's Operations Code, the following procedure shall be used by the property owner to obtain approval for the use of an existing sewer lateral: 1. The property owner shall have a closed circuit television (CCTV) inspection of the sewer lateral performed by a licensed plumber. 2. The CCTV video shall show the date of the inspection, identify the beginning point of the inspection, include an audio assessment of the proceedings by the licensed plumber, and include a footage counter to identify points along and the ending point of the inspection. 3. The licensed plumber shall mark on the ground surface directly above the lateral for the benefit of the property owner the location of problem areas including the incidence of roots, joint problems, pipe problems, infiltration, or other significant findings. 4. The property owner shall furnish the District with a copy of the CCTV inspection report within 14 days of the performance of the CCTV inspection. • The District shall review the CCTV inspection and shall respond with its findings within 14 days. 45 5. District Staff, including the District Engineer, the Operations Manager, and Inspection staff shall review the CCTV inspection report and will assess whether the existing lateral is sufficient in its existing condition or whether rehabilitation is necessary. 6. If the CCTV inspection report discloses root intrusion that prevents the District from observing the structural condition of the private sewer lateral, the property owner may be required to have a licensed plumber remove the roots and perform a second CCTV of the sewer lateral. 7. Based on the CCTV inspection of the sewer lateral, the District will evaluate the condition of the sewer lateral and its ability to remain in adequate service for 30 additional years while preventing infiltration and the ability of any . misaligned joints or roots to cause a sanitary sewer overflow (SSO). 8. The District may require the property owner to rehabilitate the sewer lateral to insure a life expectancy of an additional 30 years. 6.03.040 Appeal. Should any person be dissatisfied with any position of staff with regards to their compliance with this chapter, they are entitled to appeal the decision to the Board of Directors by filing such an appeal within 15 days of the decision, provided notice of the time limit is given by the District in writing. The person so appealing shall state in a written document the person whose decision is being appealed, the grounds for the appeal, and any back up data that supports the appeal. The Board shall hear the appeal within a reasonable time thereafter. (Ord. 62, 2007) • 46 • "Chapter 6.04 - Development and Miscellaneous Fees, Permits and Charges Section 6.04.010. Introduction. The Sanitary District collects various fees, permits and charges related to development approvals and other miscellaneous services the District provides. This Chapter shall describe those fees, permits and charges and clarify why the same are paid and the limitations that may exist with respect to how such fees and charges are collected, expended and accounted. Section 6.04.020. User Fees. These charges are meant to reasonably approximate the cost to the District to provide a service to a person or company. These would include, but not be limited to, charges for reviewing plans or inspecting a sewer, or making copies of District documents. These charges may be pass- through costs of District's engineer, inspector or surveyor. Annexation fees would also be such a user fee. This may also include the cost of making copies, as limited by the California Public Records Act. These charges are always to be based on estimated costs to the District, including, where appropriate, reasonable amounts of overhead. In appropriate cases an estimate shall be made, and the person /company for whom the service is to be provided shall be required to make a deposit of the estimated costs. The person providing the service shall bill against the deposit, and a detailed accounting shall be made. Additional sums may need to be paid or a refund may be appropriate. In other cases where the tasks are reasonably routine, a per- service charge shall be the sole • amount collected but shall be based on time and motion estimates of the average charge for the service. These fees are generally set forth in this Code. Section 6.04.030. Connection Fees. Generally, connection fees would be charged in lieu of the developer or owner installing a sewer facility. Pursuant to statutory and case law, these fees are the direct cost of installing the sewer. The District's connection permit fee, by contrast, is a fee to cover the cost of issuing the permit. Section 6.04.040. Fixture Fees. Fixture fees are capacity charges for public facilities in existence at the time a charge is imposed or charges for new public facilities to be acquired or constructed in the future that are of proportional benefit to the person or property being charged, including supply or capacity contracts for rights or entitlements, real property interests, and entitlements and other rights of the local agency involving capital expense relating to its use of existing or new public facilities. The following applies to those fees: (a) Purpose. Fixture fees shall be used for the purposes identified in the engineer's report that establishes the facilities that are to be constructed or rehabilitated to serve the development upon which the fees are imposed. Those facilities shall either be directly related to the development or indirectly related in which case the fixture fee shall only pay a fair portion of the charges. 47 (b) Facilities. The facilities for which the fees are collected shall be identified • in an engineer's report. Those facilities should, but need not be, included in the District's Capital Improvement Plan. (c) Reasonable Relationship between Development and Fee. The engineer's report shall demonstrate a reasonable relationship between the type of development and the use of the fee. (d) Reasonable Relationship between Facility and Type of Development for which Fee Imposed. The engineer's report shall demonstrate a reasonable relationship between the type of development and the facility being proposed. (e) Reasonable Relationship between Amount of Fee and the Cost of the Facility or Portion of the Facility. In any action imposing a fee on a development, the District shall be able to justify the amount of the fee and the cost of the facility or portion of the facility attributable to the development. (f) Deposit. Upon payment of the fees, the money shall be deposited in a separate capital facilities account maintained in accordance with Government Code Section 66013(d). For each such separate account, the District shall, within one hundred eight (180) days of the close of the fiscal year, make available to the public the following information: (1) A description of the charges deposited in the fund. (2) The beginning and ending balance of the fund and the interest earned from investment of moneys in the fund. (3) The amount of charges collected in that fiscal year. (4) An identification of all of the following: (A) Each public improvement on which charges were expended and the amount of the expenditure for each improvement, including the percentage of the total cost of the public improvement that was funded with those charges if more than one source of funding was used. (B) Each public improvement on which charges were expended that was completed during that fiscal year. (C) Each public improvement that is anticipated to be undertaken in the following fiscal year. F-1 I,J (5) A description of each interfund transfer or loan made from the capital facilities fund. The information provided, in the case of an interfund transfer, shall identify the public improvements on which the transferred moneys are, or will be, expended. The information, in the case of an interfund loan, shall include the date on • which the loan will be repaid, and the rate of interest that the fund will receive on the loan. M. • • 0 Section 6.04.050. Definitions. For the purpose of this chapter, certain words and terms are defined as follows: (a) Fixture Fee Charges. Are those District charges paid by or on behalf of the. property owner for the construction of public improvements that will benefit a development and that are justified by an engineering and financial analysis in accordance with Government Code Section 66013 or.successor statute. (b) Connection Manhole. Shall mean a manhole constructed in the main line of a District sewer not as part of the original construction, or a manhole built adjacent thereto, for the purpose of permitting sewage to flow into a District sewer. (c) District Sewerage Facilitv. Shall mean any property belonging to District used in the transportation or disposal of sewage or industrial waste. (d) Domestic Sewage. Shall mean the waterborne wastes derived from the ordinary living processes which are of such volume and character as to permit satisfactory disposal into a public sewer. (e) Dwelling Unit. A dwelling unit shall consist of one or more rooms in any building designed for occupancy by one family and containing one kitchen unit. (f) Industrial Waste. Shall mean any and all liquid or solid waste substance, not sewage, from any producing, manufacturing or processing operation of whatever nature. (g) Industrial Waste Treatment Plant or Facility. Shall mean any works or device for the treatment of industrial waste prior to its discharge into the District sewerage facilities. (h) Plumbing Fixture Unit. A plumbing fixture unit as used in this ordinance is defined as being the same as set forth in the California Plumbing Code, a copy of which is one file in the office of the Clerk of the District. All roughing -in for future fixtures will be counted as fixture units to set charges. (i) Pretreatment. Shall mean treatment prior to discharge into a District sewerage facility by means of an industrial waste treatment plant or facility. (j) Public Corporation. Shall mean any city, district or other public agency duly authorized under the laws of the State of California. 49 (k) Sewerage Facilities. Shall mean any facilities used in the collection, transportation, treatment or disposal of sewage and industrial waste. (1) Sewer Manholes. Shall mean those manholes constructed as a part of the District's sewer system. Section 6.04.060. Permit Regulations. (a) Requirements. No person or public corporation shall connect to, use or maintain a connection to the sewerage facilities of the District without a valid permit. (b) Condition Precedent. No permit shall be valid unless the real property to be sewered by the use of the permit shall be included within the boundaries of the District or is currently being annexed to the District or unless said property is subject to or is being made subject to a service contract between real property owner and the District. (c) Permit. A sewer permit shall be comprised of two different components: (1) a permit to connect to the District's system, and (2) a permit to use or discharge into the system. (1) Permit to Connect. A connection permit for the purpose of authorizing • connection to a District sewerage facilities in accordance with District's regulations and under conditions set forth in said permit is required before connection will be authorized. (2) Permit to Use. The use permit will prescribe requirements as to a connection manhole, an industrial waste treatment plant or facility, or pretreatment, all to insure compliance with the District regulations as to characteristics, quality and quantity of sewage and industrial waste. Such requirements should be set forth in the permit. (3) Surcharges for Use Permit. The District hereby establishes the quantity of twenty thousand (20,000) cubic feet of sewage or industrial waste per month per acre of real property served as the maximum allowable effluent to be discharged into the District's sewerage facilities without the payment of surcharges. Each user discharging more than twenty thousand (20,000) cubic feet of sewage or industrial waste per month per acre shall be charged Twelve Dollars ($12.00) per one thousand (1,000) cubic feet or any portion thereof in excess of the twenty thousand (20,000) cubic feet maximum. Measurements may be required by the permittee, or permittee's effluent may be considered equivalent to the water (excepting irrigation water) purchased by permittee. Permittee upon demand shall provide District with his or its water usage records and District shall bill excess users of the system monthly based upon the charges set forth herein. In addition to said charges, users may also be charged fees for increased • development in accordance with Chapter 6.05. 50 (d) Suspension or Revocation of Use Permit. The permit to use may be suspended or revoked if a permittee is acting in violation of any provision of the permit or of the ordinances, rules or regulations of the District thirty (30) days after receiving a formal written notice of such violation and a demand for correction thereof from the District. Such formal written notice shall be given only upon recommendation of the General Manager. Appropriate due process shall be provided before such actions are taken, and the Board of Directors shall provide for a hearing if requested in a timely manner. (e) Violation. For each day or part of a day a permittee whose permit has been suspended or revoked. continues to discharge sewage or industrial waste into a District sewerage facility in violation of the permit or of the ordinances, rules or regulations of the District, he or it shall be charged as a civil penalty the sum equal to ten (10) percent of the fixture fee charges per day. No formal written notice of violation shall be authorized unless the General Manager of the District has first given an informal written notice of violation to the subject permittee at least thirty (30) days in advance of action of the Board of Directors. The same noticing procedure set forth hereinabove shall apply for intermittent or sporadic violators and in lieu of a suspension of permit, the Board of Directors may impose a civil fine in accordance with the District's administrative citation provisions per day or any part of a day for intermittent violations. The amount of the fine may be directly related to increased handling costs occasioned to the District by reason of such violations and /or damage caused to the sewerage facilities of this District by such violations. In such cases the formal written notice of violation shall set forth the fine to be imposed for violations after the thirty (30) day correction period. (f) Criminal Penalty. Any person, firm or corporation that connects or discharges to District's sewerage system without a valid connection permit or other legal right shall also be guilty of a misdemeanor and punishable as provided in Chapter 1.02. 010 of this Code for each day's violation. (g) Procedure to Acquire Permit. An applicant ,for a connection permit or his agent shall make application on a form furnished by the District. The permit application shall be supplemented by such plans, specifications or other information considered pertinent in the judgment of the General Manager of the District. The permit fee and charges as hereinafter described shall be paid to the District at the time the permit application is filed. (h) . Disposition of Charges. All charges established under this Article, when collected, shall be deposited in the appropriate fund and accounted for in accordance with the law. (i) Insurance. Applications for a connection permit shall be accompanied by proof of insurance of at least One Million Dollars ($1,000,000.00) for commercial general liability, with underground coverage, and any automotive coverage. Applicants shall also provide • proof of workers compensation coverage. The commercial general liability coverage shall name the District and its officers, agents and employees as additional insureds and 51 District reserve the right to require an endorsement naming District as an additional is insured. Such coverage must provide that it is not to be cancelled except upon thirty (30) days notice to District. District also reserves the right to require that the insurance company providing the commercial general liability policy has a Best Key Guide rating of at least A -:VII and is an admitted carrier in the State of California. Contractors performing work pursuant to a contract with the District shall comply with the insurance requirements of the contract documents. 0) Bonds. For any sewer work that will be accepted as part of District's system, a performance bond and a labor and materials bond shall be required to be maintained on District's forms as a condition of permit issuance. Section 6.04.070. Permit Charges. Before any connection permit shall be issued, the applicant shall pay to the District or its agent the charges specified in the District resolution establishing fixture fees: • • 52 Ol (a) Fixture Fee Permit Charges, Plumbing Unit. A charge per fixture shall be collected from new construction as follows: IVA01N4 FIXTURE FEE Bathtub $34.50 Laundry'Tub or Washer $34.50 Shower $34.50 Sink, bar $17.25 Sink, Kitchen $34.50 Wash Basin $17.25 Wash Basin (Set) $34.50 Water Closet (Toilet) $103.50 Bidet $34.50 Dental Units $17.25 Drinking Fountains $17.25 Floor Drains $34.50 Interceptors for Grease, Oil, Solids, Etc. $51.75 Interceptors for Sand, Auto Wash, Etc. $103.50 Laundry Tub or Washer (Self Service) $51.75 Receptors $51.75 Shower, Gang - Per Head $17.25 Sinks, Bar- Commercial $34.50 Sinks, Commercial or Industrial $51.75 Sinks, Floor $17.25 Sinks, Flushing Rim . $103.50 Sinks, Service $51.75 Swimming Pool $190.00 Urinals, Pedestal $103.50 Urinals, Stall $34.50 Urinals, Wall $34.50 53 Urinals, Wall Trough $51.75 (b) Connection Charge for Mobile Homes. For each mobile home parking space in any mobile home park the sewer connection charge shall be calculated at twelve (12) fixture units, at $23.00 per fixture unit. (c) When Charge Is to Be Paid. Payment of connection permit charges shall be required at the time of the issuance of the connection permit, and no connection shall be made until said permit has issued showing compliance with District regulations and specifications. For that portion of the District within the City of Newport Beach and. within the unincorporated area of the County of Orange, said fee shall nevertheless be paid through the offices of the Costa Mesa Sanitary District, 628 West 19th Street, Costa Mesa, California. (d) Schedule of Charges. A schedule of charges specified herein will be on file in the office of the Clerk of the District and in the office of the Costa Mesa Sanitary District. (e) Interpretation of Permit Regulations. If the factual situations presented do not follow precisely within the rules herein promulgated in this Article, the Board of Directors shall interpret them in a reasonable manner and consistent with the intent of this Chapter. In making such interpretations, the Board shall be guided by the policy of the District to base fees and charges in accordance with the benefits and uses supplied by the District. Those receiving the greatest benefit and most use of the facilities provided by the District shall proportionately bear more of the costs and expenses of the District. Section 6.04.080. 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. a Permit Fee Permit Fee $120.00 !hl Plan r:hark nnri IncnPrtion Existing lateral $570.00 New lateral $640.00 New manhole to property line $1,415.00 Construction of new facilities for dedication to the District $10.00 per linear foot 54 • • C (c) Annexation Fee. The Costa Mesa Sanitary District share of the annexation fee is $2,500.00 and the total fee shall include the appropriate charges from the Local Agency Formation Commission, the State Board of Equalization and the County of Orange. The District may charge actual additional costs incurred in annexation which may be caused by, but not necessarily limited to, annexation elections, the expenses of public hearings in no consent annexations, litigation challenging the validity of Board action in the approval of annexations and such other reasonable costs which may be incurred over and above the permit fee provided for in this Article and subsection. Additional assessments for annexation may be imposed by the District for costs and expenses incurred by the District which are of an unusual nature not normally incurred in the course of an annexation or any additional cost or expense incurred by the District to correct any error or misrepresentation made by any applicant to the District regarding any proposed annexation. No refund will be made to any applicant abandoning any annexation where said abandonment is not attributable to any fault of the District. (d) Connection Fee. The permit fee of $120.00 shall be charged where applicant wishes to connect to and use District facilities without construction of improvements. The fee shall be charged in any case where District administrative and inspection services are required. (Ord. 75, 2010) (Reso. 2010 -777, 2010) Section 6.04.090. Penalties and Surcharges for Violations. Permits Subsequently Obtained. Any person or public corporation connecting to a District sewerage facility or connecting to a sewerage facility which discharges into a District sewerage facility without first having obtained a permit as herein provided shall be charged double the amount hereinabove described for his or its permit. Section 6.04.100. Funds. All of the monies collected in this Chapter shall be deposited, used and accounted for in accordance with the law by which those monies were collected. Section 6.04.110. Other Auencv Fees. In addition to those fees provided elsewhere in this. Code, there shall be established and collected the following fees, the amount of which shall be determined by the agency for which they are collected: (a) Any fee collected for and remitted to the Orange County Sanitation District. (b) State Board of Equalization annexation filing fees collected for and remitted to that agency. (c) County Surveyor for the County of Orange fee collected for and remitted to that agency for annexation plan check. 55 (d) Fees collected and remitted to Orange County Local Agency Formation Commission. (e) Any other fee required to be collected and remitted to any other governmental agency as a condition to annexation or use of said governmental agency's facilities. (Ord. 20, 1989) Section 6.04.120. Fee Changes. All of the fees established by this Ordinance may be increased, decreased, or abolished, or otherwise modified at any time by resolution duly adopted by the Board of Directors of the District and said resolution shall have the same force and effect when adopted as though this Ordinance has been amended to provide said changes. (Ord. 20, 1989) Section 6.04.130. Annexation Requirements. (a) When Deemed Annexed. Except as hereinafter provided, no sanitary sewer service, including residential trash disposal service, shall be provided to any applicant for service unless and until said applicant shall have applied for and been approved for annexation to the District. Approval shall be deemed complete when approved by the Local Agency Formation Commission. (b) Exceptions: Sanitary sewer service, and trash collection, may be provided by contract to applicants for service without annexation to the District, however contracts for service may be entered into by the District only on those parcels lying in County territory or within the geographical limits of an incorporated city other than the City of Costa Mesa and after obtaining LAFCO's prior approval if required by state law. All parcels lying within the geographical limits of the City of Costa Mesa will be served only after annexation to the District as heretofore set forth. (Ord. 20, 1989) Section 6.04.140. Affordable Housing Priority. (a) In accordance with Government Code Section 65589.7 or any successor statute, the District shall ensure that developments that contain an affordable housing component shall be provided with a sewer connection if the applicant complies with all District laws and regulations unless the Board makes findings that there is insufficient collection capacity, that the District is under an order that no further connections be allowed, or unless the applicant fails to comply with District laws or to enter into an agreement with District to comply with such laws. District shall review the relevant housing elements at least every five years to determine that sufficient collection capacity exists. (b) State law shall be referred to for all definitions and to more fully describe District's obligations under said law. (Ord. 56, 2006) Section 6.04.150. Enforcement. In addition to any other remedies that may exist, the provisions of this Ordinance may be enforced by civil action at law and /or by injunction. In this connection these regulations shall be construed as a contract by the Costa Mesa Sanitary District and each permittee." (Ord. 76, 2010) we Chapter 6.05 - Increases in Density /Development Section 6.05.010. Purpose. The District has determined its capacity rates and charges in a capital facilities study based on projections made according to development density based on the applicable local agencies' general plan and zoning laws.. Changes in those laws that allow an increase in density or development may cause adverse impacts on the District and surcharge its system. Accordingly, the District does hereby determine that it may require a developer or owner to participate in the cost of providing additional sewer capacity through either additional construction or the payment of fees commensurate with this increased burden. (Ord. 21, 1989) (Reso. 94 -555, 1994) Section 6.05.020. Increased Fees or Construction. Any owner or developer of such proposed development that will cause an increased burden to the sewage system above the District's projections contained in its capital facilities study based on then - current zoning, may be required to pay for such increased surcharge on the District's system or may be required to oversize or provide additional appurtenances at its cost. (Ord. 21, 1989) (Reso. 94 -555, 1994) Section 6.05.030. Analysis. When the District Engineer determines that there will either be (a) an increase in plumbing fixtures, or (b) an increase in density that will materially increase the use of District's sewerage system over and above that projected in the District's capital facilities study, the owner /developer shall deposit a check in the sum of one - thousand dollars ($1,000) as an advance to pay for the costs of a study to determine the impact on District's system and what the owner /developer should fairly pay for the increase in density or development. Said sum shall be a deposit and the District will provide an accounting of the funds and any refund due. Should the deposit not be sufficient to complete the study, the owner /developer may be required to deposit further sums. (Ord. 21, 1989) (Reso. 94 -555, 1994) Section 6.05.040. Justification. Any additional fee or construction required shall be justified as follows: (a) Any money collected shall not exceed the cost of serving the additional density or development. (b) Any additional construction of sewerage facilities shall have been made necessary by the increased density /development, unless the developer is provided with a reimbursement agreement for any part not caused by the proposed development (c) Any money collected for the additional development must not exceed the proportional cost of providing the capital facilities to serve the additional development. (d) No part of any money collected is used for any other purpose but for capital sewer facilities and related costs. (Ord. 21, 1989) (Reso. 94 -555, 1994) 57 Section 6.05.050. Fund Established. Any money collected for such purposes shall be kept in a separate fund and not in the District's general fund and shall be accounted for in accordance with state law, including refunding any excess held over five years. (Ord. 21, 1989) (Reso. 94 -555, 1994) Section 6.05.060. Exceptions. This Chapter does not apply to any money collected or facilities installed for which the developer is given a reimbursement agreement. (Ord. 21, 1989) (Reso. 94 -552, 1994; Reso. 94 -555, 1994) Section 6.05.070. Additional Charges. District may require that an owner or developer additionally pay engineering, inspection and plan checking and other costs made necessary by its project. An owner or developer may also be required to pay the costs of acquisition of additional right of way or easements made necessary by the project. (Ord. 21, 1989) (Reso. 94 -555, 1994) • • • Chapter 6.06 - Annual Sewer Charges • Section 6.06.010 Annual. Charges. Pursuant to an ordinance heretofore adopted, the Board has adopted the procedure set forth in Health and Safety Code Section 5473 for the collection of liquid waste charges on the tax roll on an annual basis along with the general taxes collected by the tax collector. (Ord. 30, 1999) Section 6.06.020. Substantive Requirements for Charges. Before said charges are confirmed, the Board shall ensure that the charges meet the substantive requirements imposed on such charges by California Constitution, Article XIIIC: 1. Revenues derived from the fee or charge have not exceeded the funds required to provide the property related service. 2. Revenue from the fee or charge is not being used for any purpose other than that for which the fee or charge is imposed. 3. The amount of a fee or charge imposed upon any parcel or person as an incident of property ownership does, not exceed the proportional cost of the service attributable to the parcel. 4. The fee or charge is not imposed for service unless the service is actually used by, or immediately available to, the owner of the property in question. 5. No fee or charge is being imposed for general governmental services such as police, fire, ambulance, or libraries, where the service is available to the public in substantially the same manner as it is to property owners. Section 6.06.030. Procedural Requirements. Pursuant to California Constitution Article XIIIC, before said charges are confirmed for a new or increased charge, a public hearing shall be held in which a protest hearing is conducted. Notice of such hearing shall be mailed to all owners of record that are the subject of the charge, and the hearing shall also be published in accordance with law. If a majority protest is received, that charge shall not be imposed. (Ord. 30, 1999) Section 6.06.040. Filing of Report With Auditor. After the charges have been confirmed, the clerk shall file a copy of the report with the auditor in the manner required by Health and Safety Code Section 5473.4. (Ord. 30, 1999) 59 Chapter 6.07 Grease Control Section 6.07.010. Purpose. The purpose of these regulations is to exercise the District's authority to protect the public health and safety by preventing sewer spills. The Board has determined that there is substantial evidence that grease and similar products accumulate in the sewer lines causing back -ups. The Orange County Grand Jury has made findings that these sewer spills largely can be prevented if local agencies with authority adopt effective grease regulations. These back -ups can spill into the streets or other surfaces or escape into other conduits that can cause health risks. A very significant health impact that has been well documented is the pollution of the Pacific Ocean. Due to the District's close proximity to the Pacific Ocean and the well- documented pollution of the Newport Beach and Huntington Beach coastlines, and the fact that the District has been mandated by the Santa Ana Region Water Quality Control Board (SARWQCB) to comply with the National Pollutant Discharge Elimination System (NPDES) regulations designed to prohibit sewer spills, these regulations are necessary for the District to perform its duty to prevent sewer spills caused by grease and similar substances. (Ord. 41, 2003) Section 6.07.020. Definitions. For purposes of this Chapter only, "grease" shall mean and include any waste containing excessive quantities or concentrations of dispersed biodegradable oils, fats and greases, such as lard, tallow or vegetable oil. (Ord. 41, 2003) Section 6.07.030. (a) New Construction - Interceptors Required. The District does not have jurisdiction within structures but does regulate sewer connections and sewer construction. The Board has determined that all new commercial construction shall have appropriate grease- reducing devices, including sewer interceptors, unless the developer demonstrates, to District Engineer's satisfaction, that such devices are not necessary. (b) Exemptions. A developer may be granted an exemption by District's Engineer, from the interceptor requirement on one or more of the following bases: (A) Traps or other devices are being installed that will be effective and makes a sewer interceptor unnecessary; (B) The developer can demonstrate that the property is zoned or being constructed so that it cannot be used in the future as a development (such as a restaurant) that is likely to produce grease and other clogging substances; (C) Other methods of grease control will be utilized and enforceable assurances have been provided to protect the public health, safety and welfare; 9) ME (D) Other factors make an exemption consistent with the public interest and not adverse to the public health, safety and welfare, provided that the District Engineer makes such a recommendation to the Board based on reliable evidence described in a staff report and the Board grants such an exemption after making the findings that the facts exist for such an exemption as described in this subsection. (Ord. 41, 2003) Section 6.07.041 Prohibition. Every owner, tenant and persons using property shall have a duty not to cause, permit or allow the accumulation of grease in the District's sewer line so that sewage spills may occur. Such persons shall use reasonable methods to reduce grease accumulation in the District's sewer lines including but not limited to reducing or eliminating the grease that is deposited in the sewer and utilizing enzymes and similar products that prevent grease build -up. No person shall discharge grease into the sewer system so as to cause an accumulation in the District's lines so as to substantially contribute to the possibility of a sewage overflow. (Ord. 41, 2003) Section 6.07.044 Permit reciuired. No Food Service Establishment shall discharge into the District's system without obtaining a permit from the District describing the business operations and discharge and any FOG prevention measures being undertaken or to be undertaken to reduce the discharge of FOG into the District's system in accordance with this chapter. (Ord. 51, 2005) Section 6.07.050 Abatement. Provided District can prove that a person, firm or corporation caused grease build -up so that a District line or appurtenance is damaged or so that a sewer overflow occurs, District may charge the responsible person for that damage and for the abatement costs thereof. District shall first provide the ostensibly responsible person with a copy of the evidence that forms the basis of the proof and a copy of the District Engineer's tentative .conclusions about the cause of the grease and a copy of this Chapter. Said responsible person shall have an appropriate amount of time to respond to said charges in a hearing in which appropriate due process will be provided. Generally, at least ten days notice of the hearing shall be given. If possible, the responsible person shall be given notice at the time of the sewer overflow or damage if the person is believed to be the cause at that time. The responsible person shall also be provided with a copy of the charges incurred to date before the hearing if those are available. (Ord. 41, 2003) Section 6.07.060 Retrofrttina. In cases in which a property is a source of. sewer spills on more than one occasion such that recurrence is likely, or in cases in which there is an imminent danger of future sewer spills, the Board may order that a property install a sewer interceptor or other appropriate device to protect the District's system. Said order shall not be made unless the property owner and other appropriate persons have been given notice of the proposed action and an opportunity to address the Board of Directors regarding the proposed action. Any order to retrofit shall contain a finding that the action was necessary to protect the public health, safety and welfare, which are threatened by future sewer spills that are otherwise likely. (Ord. 41, 2003) 61 Section 6.07.070. Termination of Service. The District shall also have the right, in addition to any other rights that it may have, to terminate the property from District's service. Before such termination shall occur, District shall provide the due process required by Health and Safety Code Section 6523.2. (Ord. 41, 2003) Section 6.07.080 Violations. Any person violating any provisions of this Chapter, including failing to take corrective action after being provided with a hearing thereon, shall be guilty of a misdemeanor and punished as provided in Section 1.02.010 of this Code. (Ord. 41, 2003) 62 0 Chapter 6.8 LEGAL AUTHORITY TO COMPLY WITH WASTE DISCHARGE ORDER 6.8.010 Purpose. The State Regional Wastewater Quality Control. Board —Santa Ana Region has issued Waste Discharge Order No. R8- 2002 -0014 ( "WDR ") which applies to Orange County government entities within the Santa Ana watershed. That WDR required the District to adopt a Sewer System Management Plan and a grease (fats, oils and grease) control ordinance requiring commercial food establishments to install and maintain sewer interceptors, and requires the District to also establish other legal authority to preserve the integrity of the sewer system and to prevent sewer system spills. This Chapter shall memorialize the District's efforts to comply with the WDR and provide a reference for compliance. This legal authority shall act in conjunction with the District's Sewer System Management Plan (SSMP). 6.8.020 Infiltration Control. a) The District has established its SSMP and has videotaped the system and determined its condition is sound. The District has also established maintenance and rehabilitation schedules and a Capital Improvement Program for future improvements. The District has thus ensured that District owned sewer lines are inspected and maintained for infiltration control. (b) With respect to privately owned sewer laterals, District Operations Code Section 6.02.020 imposes the obligations for such maintenance on the private property owners and imposes a duty on the owner to maintain that sewer lateral in a safe, sanitary and unobstructed condition. By ordinance, the owner must maintain such laterals in good working order. The District has additionally promoted sewer lateral maintenance by publicity campaigns designed to inform property owners of their responsibility and by providing advice on how to achieve that objective. (c) In accordance with the authority conferred on the District pursuant to Health and Safety Code Section 6520, all property within the District needing sewer service shall be connected to the District's system. In accordance with Health and Safety Code Section 6520.1, no person may connect any sewer system to the. District's system or cause any flows into District's sewer system except pursuant to a lawful connection. 6.8.030 Construction Standards. The District's construction standards set forth in District Operations Code Chapter 6.01 establishes construction standards designed to maintain the integrity of the system. The sewer notes set forth in the District's standard plans and specifications for the construction of sanitary sewers provides additional standards. 6.8.040 Installation, Testing and Inspection. The District requires that all new or rehabilitated sewer installations be tested and inspected pursuant to the provisions of Title 6 of the District Operations Code and a permit is required for such connections. 6.8.050 Grease. The District has adopted its fats, oils and grease ordinance set forth at Chapter 6.07 of this Code. 63 LJ 6.8.060 Pretreatment. The District has recognized the Orange County Sanitation District as the publicly operated treatment works responsible for pretreatment compliance and has incorporated such pretreatment requirements set forth in 40 C.F.R 403.5 in both its SSMP and in its standard sewer permit. (Ord. 46, 2004) • • 64 Title 7 Chapter 7.01 a Trash Regulations Section 7.01.010. Purpose. The purpose of this Ordinance is to implement the District's authority to provide for the collection of trash, garbage, rubbish and other waste in the waste stream, and to recover and provide for the recapture and recycling of such parts of the waste stream. A further purpose is to provide for the public health and welfare and sanitary streets by requiring the waste containers be stored on the property out of view except for reasonable periods of time for collection. (Ord. 27, 1997) Section 7.01.015. District's Authori ty. The Health and Safety Code has given sanitary districts the authority to collect all waste and garbage within the District. The District has determined to only collect residential trash at this time but reserves unto itself the right to regulate other trash collection in the future. (Ord. 27, 1997) Section 7.01.020. Exclusive Franchise. The District has awarded an exclusive franchise for the collection of all residential trash within its boundaries. (Ord. 27, 1997) Section 7.01.025. Residential Limitations. District's trash collection services are limited to residential service. Residential units will be served notwithstanding the zone that said property is located in as long as the property is used for residential purposes and utilizes curbside service. (Reso. 94 -540, 1994, Reso. 94 -547. 1994) Section 7.01.030. Rubbish Removal - Scavenging prohibited. The District and its duly authorized agents or any contractor with whom the District may at any time enter into a contract or franchise therefor, and the agents, servants, and employees of said contractor while any said contract or franchise is in force shall have the exclusive right to gather, collect and remove all waste material from all residential premises served by the District and no other persons than those above shall gather, collect, and remove any trash or waste material or convey or transport any trash or waste material in or along or over any public street, alley, or highway in the District, or take any waste material from any receptacle in which the same has been placed for collection or removal or interfere with or disturb any such receptacle or remove any such receptacle from any location where same is place by the owner thereof; provided, however, that nothing in this section shall be deemed to prohibit the occupant of any dwelling house from himself removing any trash or waste material accumulated on the premises occupied by him as a dwelling house and disposing of the same in a lawful manner, or to prohibit any person from gathering, collecting and removing from the premises occupied by him any trash or waste material or other objects of debris considered to be large items. Once trash or waste material has been placed in a container and placed curbside for collection, no person shall scavenge or remove any item from said container except for the District's contractor /franchisee. (Ord. 27, 1997) 65 Section 7.01.040 Containers. (a) Containers used for residential collection shall be those provided by the District through its franchisee. Said containers shall be standardized to allow for fully and semi automated collection as determined and provided by the District. Except as hereinafter provided, no person may use any other type of container after the standardized containers are provided. (b) The combined weight of the container and contents for collection shall not exceed 150 pounds. (c) All trash (as defined in this Code along with exclusions) must be placed inside the container so that the lid can shut to keep out flies and other pests. Trimmings must be cut so that they fit completely within the container and so that the container lid will shut. Residents shall obtain additional containers from the District as needed to comply with this requirement. Trash should not be jammed in so that it prevents emptying of the container. Section 7.01.050. Container Ownership /Care. The containers are owned by the District's franchise. It is unlawful to damage or deface the containers. It is unlawful to mark on the containers. Each container has a registration number on it and is assigned to a residence. Graffiti, vandalism or other damage to the containers should be reported to the District immediately. (Ord. 57, 2007) Section 7.01.054 Existing Development. Residents may request additional containers to insure all trash fits inside the containers with the lids closed. Residents shall contribute actual cost paid by the District per container for all additional containers requested, except as provided below: (a) No charge shall be imposed if new residents move to a residence where the trash containers have been removed. (b) No charge shall be imposed for exchanges of containers. (c) No charge shall be imposed if the occupants of the residence demonstrate a hardship based on disability or economic factors and have submitted a confidential declaration providing those facts. (d) No charge shall be imposed if a resident with only one container requests one additional container. The containers shall remain the property of the District. (Ord. 49, 2005) Section 7.01.060 Placement of Containers. Trash containers shall be placed in the street with the wheels against the curb. The trash containers shall be placed where the same is accessible to be collected and arranged in a manner so as to facilitate the loading on the collection truck. Except where practical difficulties exist, all • trash containers shall be placed so as to not create drainage problems with the gutters, Placement of containers is also subject to compliance with City or County ordinances. (Ord. 37, 2001) (Ord. 49, 2005) Section 7.01.070 Permitted Trash /Prohibited Materials. (a) The following are permitted to be placed in the containers for collection: 1. Trash not .prohibited in subsection (b) hereof may be placed in the container. Loose trash shall be placed in a secure wrapping, included but not limited to sweepings or ashes. 2. Tree trimmings, grass, and other gardening rubbish may be placed in the containers provided the items are cut so that they fit easily within the container for removal purposes. (b) The following are prohibited from being placed in the containers for collection: 1. Hazardous materials including paint, motor oil, fertilizer, batteries, and pesticides. 2. Liquid waste. 3. Medical waste including syringes. 4. Construction debris, sod, concrete, rocks, dirt, manure or lumber. 5. "E- Waste" to include television sets and computer monitors and similar devices which contain cathodic ray tubes with lead or other harmful matter. (c) Large items may be collected at certain times each year through special collection programs. These items would include furniture, appliances and other such large items. Other special programs may cover Christmas trees, used oil, used syringes and tires. (Ord. 37, 2001) Section 7.01.080. Removal of Trash Containers. Residential trash containers shall be removed from the curb by midnight the day of trash collection and shall be stored in the rear or side yard of the property so as to be out of view from the street. Such containers shall be placed behind the curb for collection no earlier than 5:00 p. m. on the evening before the scheduled collection day. (Ord. 27, 1997) 67 • Chapter 7.02 - Annual Trash Charges Section 7.02.010. Annual Charges. Pursuant to an ordinance heretofore adopted, the Board has adopted the procedure set forth in Health and Safety Code Section 5473 for the collection of solid waste charges on the tax roll on an annual basis along with the general taxes collected by the tax collector. (Ord. 30, 1999) Section 7.02.020. Substantive Requirements for Charges. Before said charges are confirmed, the Board shall ensure that the charges meet the substantive requirements imposed on such charges by California Constitution, Article XIIIC: 1. Revenues derived from the fee or charge have not exceeded the funds required to provide the property related service. 2. Revenue from the fee or charge is not being used for any purpose other than that for which the fee or charge is imposed. 3. The amount of a fee or charge imposed upon any parcel or person as an incident of property ownership does not exceed the proportional cost of the service attributable to the parcel. 4. The fee or charge is not imposed for service unless the service is actually used by, or immediately available to, the owner of the property in question. 5. No fee or charge is being imposed for general governmental services such as police, fire, ambulance, or libraries, where the service is available to the public in substantially the same manner as it is to property owners. (Ord. 30, 1999) Section 7.02.030. Procedural Requirements. Pursuant to California Constitution Article XIIIC, before said charges are confirmed for a new or increased charge, a public hearing shall be held in which a protest hearing is conducted. Notice of such hearing shall be mailed to all owners of record that are the subject of the charge, and the hearing shall also be published in accordance with law. If a majority protest is received, that charge shall not be imposed. (Ord. 30, 1999) Section 7.02.040. Filing of Report With Auditor. After the charges have been confirmed, the clerk shall file a copy of the report with the auditor in the manner required by Health and Safety Code Section 5473.4. (Ord. 30, 1999) • Title 8 Chapter 8.01 - Recycling Section 8.01.010. Diversion Requirements. Pursuant to the State's Integrated Waste Management Act (Public Resources Code Section 41780 et seq.) each city must divert and reduce the volume of solid waste generated within a city. (Ord. 30, 1999) Section 8.01.020. Recycling. The District is committed to recycling and may implement a variety of programs to encourage and promote recycling and to assist in reducing the waste stream. (Ord. 30, 1999) Section 8.01.030. Recycling Committee. The Board may appoint a recycling committee composed of two Board members and staff who shall meet periodically and report back to the Board on matters pertaining to recycling. (Ord. 30, 1999) Section 8.02.010. Definitions. A. "Recycling Material" means a material which would otherwise become residential, industrial or commercial solid waste, which can be source separated, collected, processed, and returned to the economic mainstream in the form of raw materials or products. B. "Recycling" means the process by which recovered products are transformed into new products, and includes the collection, separation, recovery, and sale or reuse of metals, glass, paper, cardboard, plastics and other materials. Recycling materials such as glass (all colors), aluminum and metal cans, cardboard, newspapers, magazines, mixed paper, and plastics (PET (marked with "1 "), HDPE (marked with "2 "), PVC (marked with "Y), LDPE (marked with 'A "), PP (marked with "F), PS (marked with "6 "), Other (marked with 7") ). . Section 8.02.020 Permitted Recycling Materials. (a) The following are permitted to be placed in the containers for collection: A. Glass of all colors B. Aluminum and metal cans C. Cardboard D. Newspapers, magazines and mixed paper E. Plastics that include the following types: 1. Polyethylene Terephthalate PET (marked with #1) 2. High Density Polyethylene HDPE (marked with #2) 3. Polyvinyl Chloride PVP (marked with #3) 4. Low Density Polyethylene LDPE (marked with #4) C� i 5. Polypropylene PP (marked with #5) 6. Polystyrene PS (marked with #6) 7. Other (marked with #7) Section 8.02.030 Processing Recycling Materials. Materials collected as recyclable material shall be process by the District franchise for reuse. The District franchise shall not deposit such materials in any landfill, except when the condition of a material precludes its recycling (i.e., contamination) or if markets don't exist. Section 8.02.040 Marketing. District franchise shall be responsible for the marketing and sale of recyclable materials collected from residential households and shall receive proceeds therefrom, subject to all profits are used to help maintain rate stabilization for collection services. • • 70 • Title 9 Chapter 9.01 — Sewer and Trash Charge Exemptions and Reductions Section 9.01.010. Sewer Exemptions Established. The District has established that the following types of property shall be entitled to an exemption from assessment for sewer service charges: (a) Undeveloped or vacant parcels. (b) Developed parcels that do not require sewer service, such as parks or parking lots. (c) Parcels currently begin lawfully served by septic tank or cesspool. (Reso. 94- 543, 1994) Section 9.01.020. Sewer Assessment Reductions. The Board has determined that a reduction in assessment may be appropriate for commercial, industrial and other property that is assessed based on floor area in the following situations: (a) If the floor area is only used for storage or warehouse space, and (b) The floor area assessed has no floor drains or connections to District's facilities. It shall be the applicant's burden to establish that such an assessment reduction is appropriate. (Reso. 94 -543, 1994) Section 9.01.030. Trash Collection Exemptions. The following types of property qualify for an exemption from the trash collection assessment: (a) Property that has been served by a private hauler provided that the property has never been served by the District's franchise contract hauler. (b) Undeveloped property. (c) Parcels developed in such a way that trash is not produced nor collected such as parking lots and parking garages. (d) Parcels that are developed and used in such a manner that the required frequency of collection exceeds that provided by the District's franchise hauler, such as apartments and common area developments. (e) Any area served or to be served by the City of Newport Beach. (f) Property developed in such a manner as to preclude curbside service. 71 (g) Property that is served by substandard streets so that a standard waste • hauler truck cannot have ingress or egress. (h) Projects using trash bin service with no provision for individual trash container pick up. (i) An appropriate organization represents that the District cannot provide trash collection service and provides the District with a contract for outside service and provides District with assurances that such outside service will be maintained. (j) Other circumstances that the Board may determine appropriate for granting an exemption based on the fact that the property should not be charged for service. Any exemption granted pursuant hereto may be revoked if the Board determines that the facts have changed or were not as represented. Exemptions run with the land. (Reso. 94 -547, 1994) n U • 72 11 . Chapter 9.02 — Sewer and Trash Refunds Section 9.02.010. Assessment Errors. The Board is aware that despite best efforts to assess property fairly and accurately, that errors can occur that would justify providing a refund for amounts that the Board might determine were improperly assessed. (Ord. 30, 1999) Section 9.02.020. Gift of Public Funds. The Board also is aware that it is constitutionally prohibited from making a gift of public funds, which is an amount not legally owed. (Ord. 30, 1999) Section 9.02.030. Statute of Limitations. California law has both statutes of limitation and claim filing requirements that must be met before a refund may be made. (Ord. 30, 1999) Section 9.02.040. Refund Policy. In light of the above, the Board does hereby establish the following as its refund policy for sewer and trash assessments: (a) For all claims for refunds for sewer or trash service for which a special rule (set forth below) does not apply, refund procedures and time limitations will be governed by the Tort Claims Act (Government Code Section 900 et seq.) including, but not limited to, the requirements that the claimant present a written request for a refund from the Board within one year of the accrual of the cause of action. Refunds will be allowed if the claimant's request satisfies the procedures of the Tort Claims Act and if the claimant establishes that his or her claim is meritorious. (b) For amounts "paid under protest ", refunds may be allowed for up to four years provided that the procedures of the Health and Safety Code and Revenue and taxation Code were followed. (See Health and Safety Code Section 5472; Revenue and Taxation Code Sections 5097 and 5140 et seq.) (c) Persons who have paid sewer service fees but who have received no service and have not been connected to the District's system shall be eligible for a refund depending on when the fees were collected as follows: (1) If the fees were collected before January 1, 1992, there is no statute of limitations and the claimant may submit a claim for such amount that he can prove that he paid and for which he received no service. (2) If the fees were paid after January 1, 1992, a claim must have been filed within 180 days of the date of the payment. (3) Subsections (a) and (b) above only apply to fees collected and do not apply to sewer assessments. (See Government Code Section 53082.) (Reso. 96 -584, 1996) (Ord. 44, 2004) 73 Title 10 0 Chapter 10.01 - Risk Management Section 10.01.010. SDRMA. The District is a member of the Special District Risk Management Authority (SDRMA) which provides the District with insurance protection for property loss, general liability and employee's errors and omissions, boiler and machinery and public officials bond. (Policy Statement 2110 11989) (Reso. 94 -539, 1994) Section 10.01.020. Safety Measures. The Board has determined that prudent planning and risk management require the creation of a safety /loss control committee and the adopting of a safety manual for the use of District personnel in conducting District business. (Reso. 94 -539, 1994) Section 10.01.030. Safety /Loss Control Committee. A safety /loss control committee is created which is comprised of the General Manager and such other persons as he /she shall designate as being appropriate for such purposes. The safety /loss control committee shall review District safety /loss control issues and provide analysis and direction on ways to improve safety. The committee shall meet with such frequency as the General Manager shall determine is appropriate but no less frequently than quarterly. Minutes of said meetings shall be kept. (Reso. 94 -539, 1994) Section 10.01.040. Standards Adopted. The following standards are adopted by the Board, as they are presently published and as they may from time to time be amended, and the same shall be incorporated into the District's standard construction specifications: (1) The Work Area Traffic Control Handbook (WATCH). (2) The Manual of Warning Signs Lights and Devices for Use in Performance of Work Upon Highways. (3) State Labor Code Sections 6704, 6706 and 6707. (4) The Construction Safety Orders (CAUOSHA). (5) The General Industry Safety Orders (CAUOSHA). (6) Standard Specifications for Public Works Construction (The Green Book). (Policy Statement 2/10/1989) (Reso. 94 -539, 1994) Section 10.01.050. Safety Manual Adopted. The safety manual prepared by the . SDRMA, as the same may be amended from time to time, is adopted as the District's Safety Manual. (Reso. 94 -539, 1994; Reso. 94 -546, 1994) 74 1] -+ . .1 Section 10.01.060. Claims Manual. The District being subject to the California Tort Claims Act, and the District being a member of the SDRMA has adopted the SDRMA Claims Manual as its procedures for processing claims against the District. (Reso. 94- 546, 1994) Section 10.01.070. Indemnification. The District shall indemnify and defend Directors, officers and employees from any claim, demand or liability provided that the conditions of Government Code Section 825 are satisfied. (Ord. 30, 1999) Chapter 10.03 Emergencies Section 10.03.010. Purpose. The purpose of this chapter is to provide for the preparation and carrying out of plans for the protection of persons and property within the District ' in the event of the emergency or disaster conditions hereafter referred to; the direction of the disaster organization; and the coordination of the disaster functions of the District with the City, County, OCSD and with all other public agencies, corporations, organizations and affected private persons. Section 10.03.020. Definitions. For the purpose of this chapter, certain words and terms are defined as follows: (a) "City" means the City of Costa Mesa or the City of Newport Beach; (b) "County" means the County of Orange; (c) "District' means the Costa Mesa Sanitary District; (d) "OCSD" means the Orange County Sanitation District; (e) ' "State of emergency" means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the State caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, earthquake or other conditions; (f) "Local emergency" means the existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a district, city, county or district and city or district and city and county, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, earthquake or' other conditions. 10 (g) Other terms used herein shall have meanings as used in the California Emergency Services Act. 75 • Section 10.03.030. Emergency Operations Plan (EOP). The District shall prepare, adopt, implement and revise when necessary an Emergency Operations Plan that establishes the emergency organization, assigns tasks, specifies policies, and general procedures, and provides for coordination of planning efforts of the various agencies and service elements utilizing the Standardized Emergency Management System (SEMS) and meeting the requirements established by the National Incident Management System (NIMS). The objective of this plan is to incorporate and coordinate all agencies and personnel within the district into an efficient organization capable of responding to emergencies affecting the sanitary sewer system. Section 10.03.040. Emergency Operation Center (EOC) - Activation. The District's EOC shall be activated and shall function as an emergency respondent organization, only: (a) Upon the declaration by the Governor of the state, or of persons authorized to act in his stead, of a "state of emergency" affecting and including the District; (b) Upon the declaration of a "local emergency" by the Board of Supervisors of the County, or by persons authorized to act in its stead, affecting and including the District; or (c) Upon the declaration of a "local emergency" by the City Council of a City within the District's boundaries, or by persons herein authorized to act in its stead. (d) Upon the declaration of the District General Manager that additional resources are needed for a single incident occurring within the District. Section 10.01.050. Emergency Operating Centers. Unless emergencies render the same impossible or unduly hazardous to safety, two emergency operating centers shall normally be maintained within the District; one of these at Headquarters (628 W. 19th Street), and the other at the Yard (174 W. Wilson Street). Section 10.03.060. Director of Emergency Services. The General Manager of the District shall be the director of emergency services. In the General Manager's absence or inability to act the General Manager shall automatically be succeeded as director of emergency services by the officials and persons named for this purpose, and in the order specified, in the EOP of the District. Section 10.03.070. Powers of Succession. Each person who shall succeed to each position or office as provided herein, shall succeed to all the powers and duties of the office succeeded to immediately upon such succession. Section 10.03.080. Line of Succession for Board of Directors. The line of succession for the position of President during a state of emergency, local emergency WE • J � ` or other condition of disaster, unless otherwise ordered by the Board of Directors, shall be Vice President followed by the Secretary and then the remaining Board of Directors in the order of their seniority. Section 10.03.090. Brown Act. The Brown Act provides that the usual rules with respect to noticing meetings are altered when an emergency ours. For purposes of the Brown Act, Government Code, Section 54956.5 provides that in cases: (a) involving a work stoppage, crippling activity or activity that severely impairs the public health and safety, (b) of dire emergency as a crippling disaster, mass destruction, or threatened terrorist act that poses peril so that giving of notice may endanger the public health or safety, or (c) as determined by a majority of the Board, the Board shall provide such notice as may be required by the Brown Act, which may require one -hour notice as provided in Government Code Section 54956.5((b)(2). Section 10.03.100. County Interaction. The District is signatory to the Operational Area Agreement of the County of Orange and Political Subdivisions. Such agreement coordinates the District resources and needs with the County's and other local government entities' and provides management in times of emergency through an Emergency Area Council and Executive Board. The standing subcommittee is the Orange County Emergency Management Organization ( OCEMO). The District shall stay involved in OCEMO and maintain contact and other resource information. District's participation shall be pursuant to the Standardized Emergency Management System (SEMS) and its national counterpart (NIMS). (Ord 64, 2007) 77 Meeting Date Item Number 08/26/10 X. D. ORDINANCE NO. 79 AN ORDINANCE OF THE COSTA MESA SANITARY DISTRICT ADOPTING A REVISED OPERATIONS CODE WHEREAS, the Board of Directors of the Costa Mesa Sanitary District has previously codified its ordinances into an Operations Code; WHEREAS, the Board of Directors has recently hired a General Manager and changed the District's organizational structure; WHEREAS, the Board of Directors has recently adopted new ordinances pertaining to purchasing, emergencies, fixture fees and user fees, making a comprehensive revision to the Operations Code necessary; NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary District does hereby ORDAIN as follows: Section 1. That the attached Exhibit "A" entitled "Operations Code" is adopted as the District's Operations Code and supersedes previous versions. 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 District 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 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. 79 was duly and regularly passed and adopted by said Board of Directors at a regular meeting thereof, held on the 26th day of August 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 26th day of August 2010. Clerk of the Costa Mesa Sanitary District • • I s Hearin Date Item Number 08/26/10 1 X. E. CosTA MESA. SANiTAJUDISZ�ICz Memorandum To: Board of Directors ... an Independent Specia(Disti ict From: Scott Carroll, General Manage Date: August 26, 2010 Subject: Refuse /Recycling Collection Study Summary Staff has been meeting with City of Costa Mesa officials to discuss refuse /recycling collection services. Specifically, we have been discussing the following topics: •, Franchise fees; • Wear and tear on Costa Mesa streets caused by heavy -duty sanitation vehicles; • Having one exclusive franchise hauler for both residential and commercial services; Rates; and • Competitive bidding. Everyone agreed that a study conducted by an outside professional consultant on the current refuse /recycling collection services will be beneficial and can assist both agencies plan for the future in solid waste collection services. Staff Recommendation That the Board of Directors directs staff to hire a professional consultant to conduct a study on refuse /recycling collection services and appropriate $75,000 from the Solid Waste Reserves. Analysis Currently, the District provides curbside refuse and recycling collection services to 21,000 residents residing within District boundaries. The services are provided by CR &R through a contract that is managed by District staff. The City of Costa Mesa manages an open market for commercial refuse and recycling collection services. Approximately six companies are authorized to collect commercial ® solid waste in Costa Mesa. These companies are identified below: Protecting our community's health and the environment by providing solid waste and sewer collection services. www.crosdcagov Board of Directors - - I August 26, 2010 Page 2 of 3 • Robert's Waste & Recycling • CR &R • Rainbow Disposal • Ware Disposal • Waste Management • Universal Waste Systems Commercial businesses in Costa Mesa can contact anyone of these six companies to obtain the lowest possible rate. During our discussions, everyone wanted to know the franchise fees from other Orange County agencies and do a comparison with District and City fees. We also wanted to compare residential and commercial rates from other agencies without the franchise fees. The City has concerns about the wear and tear heavy duty refuse trucks place on residential streets and therefore they want to know an appropriate fee amount that would generate revenues for street maintenance. • There was also considerable amount of discussion having a single franchise for commercial and residential solid waste collection services. Everyone agrees having a single franchise will be easier to manage, allow for more local control, result in less wear and tear on streets and can probably improve the recycling diversion rate. However, there are concerns that the City's revenues generated from the open market 40 commercial accounts may decrease with a single franchise. It is hopeful that a study can address these concerns and obtain the information we are seeking. If the Board approves appropriating the funds for a study, staff will begin drafting the scope of work and solicit Request for Proposals (RFP) from qualified consultants. The proposals will be reviewed by an evaluation team that consist of staff from the District, City of Costa Mesa and the City of Newport Beach (because a small portion of the District service area includes Newport Beach, staff believes it was prudent to invite Newport Beach officials to the table regarding this issue). The draft study, when complete, will be reviewed by the evaluation team for comments and feedback. Copies of the final draft will be distributed to the Board and to the Cities of Costa Mesa and Newport Beach. Strategic Element & Goal This item supports achieving Strategic Element No. 3.0, Partnership, and Strategic Goal No. 3.2, Strengthen our ties with Cities of Costa Mesa, Newport Beach and the County of Orange. Legal Review Not applicable • Board of Directors August 26, 2010 Paoe 3 of 3 Financial Review Staff is estimating a study of this size may cost as high as $75,000. The District has available in the Solid Waste Reserve account approximately, $3,885,717. Committee Recommendation Not applicable Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the August 26, 2010 Board of Directors regular meeting at District Headquarters. Alternative Actions 1. Deny staff's request to hire a consultant and refer the matter back to staff for additional information. Reviewed by: Sherry Kallab • t� • • Meeting Date Item Number' 08/26/10 X. F. Contractor Performance Evaluation (Para 40) - - Agreement between the Costa Mesa Sanitary District of Orange County, California, hereinafter called "DISTRICT ", and CR &R Incorporated, a California Corporation, hereinafter called "CONTRACTOR" for Trash Collection, Hauling, Special Service, Support of District Programs and Recycling Services. Agreement Type: Ten -Year First Term Cost Reimbursement Contract Reverting to a Six -Year "Evergreen" Contract Upon The Expiration of the Fourth Year of the Basic Six -Year Term. Award Date: July 20, 2006 Example Contract Value Per Contract Appendix A: FY2006 -07 FY2007 -08 FY2008 -09 Trash Hauler $2,340,120 $2,340,120 $2,340,120 Recycling Disposal $2,412,564 $ 2,485,672 $2,558,780 (Recycling Tonnage based on forecasted tonnage) Service Description: CONTRACTOR furnishes all labor, material and equipment necessary for the collection of all solid waste as hereinafter defined from sinale familv dwellings and multi - familv dwellings using curbside service within the boundaries of the DISTRICT except certain residences in the geographical limits of the City of Newport Beach, as said boundaries now exist or may hereinafter exist and the disposal of such solid. CONTRACTOR provides containers for all single - family and small multi - family residents utilizing curbside collection inside the DISTRICT. CONTRACTOR provides transfer station services for the acceptance of Solid Waste from DISTRICT for the purpose of recovery and reclamation of recvclable materials and the transfer of un= recvclable residue to Orange Countv landfill sites or otherwise as the DISTRICT may direct. Name of CONTRACTOR: Address of CONTRACTOR: CR &R, Incorporated 11292 Western Avenue Stanton, CA 90680 714 826 -9049 Evaluation Term: Interim X Final for the period: July 1, 2009 -June 30, 2010 Page 1 i Contractor Performance Evaluation (Para 40) - - - • PART I - EVALUATION OF CONTRACTOR'S PERFORMANCE The CONTRACTOR should be evaluated using the following ratings: E = Excellent: CONTRACTOR exceeded the requirement. Explain how. S = Satisfactory: CONTRACTOR met the requirement. If the contractor had difficulty meeting the requirements, explain why. U = Unsatisfactory: CONTRACTOR did not meet all of the requirement. Explain all noncompliance or unsatisfactory performance, and whether and how the CONTRACTOR was at fault, where applicable N/A = Not Applicable. Does not apply to the contract performance evaluation period. EXPECTATION = DISTRICT'S expected corrective action or recommendation or notice of continued Excellent performance. • • Page 2 \, Contractor Performance Evaluation Continued - - 1. Cost/Price.Control (Para 2, 11 and Exhibit "A "). Rating: E S X U N/A Consider: Did the contractor complete the contract amount or did the contractor experience cost growth? Were unnecessary cost/price change proposals submitted? Rating: E S U X N/A Trash Revenue Accounting (Para 28) Rating: E S X U N/A CMSD Has Most Favorable Rate (Para 31) Comments: 1. CONTRACTOR has not been providing accounting of recycled material revenue to the DISTRICT during this performance period. CONTRACTOR has needs to validate DISTRICT has the Most Favorable Rate given to any customer using service similar to the DISTRICT. District requested monthly reports and has not received them. EXPECTATION: CONTRACTOR to provide accounting of recycling revenue in a timely manner and validate CMSD has the Most Favorable Rate for comparable collections and processing. 2. Schedule Control (Para 7, 8, 9, 10). Rating: E S X U N/A Consider: Did the CONTRACTOR meet the original performance schedule for route collections? Did the reported number of missed collections exceed three per month? Comments: 1. Missed collection complaints were below three per month for all months. EXPECTATION: Missed collections of less than 3 per month every month. 3. Contract Administration (Para 11 C). Page 3 Rating: E S X U N/A Consider: Did the CONTRACTOR respond to Government correspondence in a timely manner? Were contract modifications promptly executed? Were weight tickets submitted on time to validate invoicing? Did CONTRACTOR submit the occupancy report within the first three days of the month (PARAS 4,17)? Were invoices submitted correctly? Were contract discrepancies /problems reported promptly? Were Rate Stabilization reports submitted quarterly for additional containers (Para 11C)? Rating: E S U N/A X Corporate Structure Changes Communicated (Articles, Bylaws, Stock Register /Ownership, Statements) (Para 5) Rating: E S X U N/A Timely Weight Ticket Submittals (Para 16) Rating: E S X U N/A Justification of Contractor Rates (Para 18) Rating: E S U N/A X $500 District Service Calls Paid (Para 23) Rating: E S X U N/A Green Card Edit Submissions (Para 25) Rating: E S U N/A X All Contracts provided to CMSD (Para 27) Rating: E X S U N/A Annual Facility Tours Provided (Para 32A) Rating: E S U N/A X Annual Seminar Conducted (Para 326) Rating: E X S U N/A Biennial Brochure Mail out (Para 32113) Rating: E S X U N/A Establish $10,000. Public Education Fund (Para 32D) Rating: E S X U N/A Provide $500. Recycling Cash Donation (Para 32E) Rating: E S U N/A X Triennial HHW Pickup (Para 32F) Rating: E S X U N/A Annual $10,000 Cash or Services (Para 32F) Rating: E X S U N/A Annual Safety EXPO Displays - $200. (Para 32113) Rating: E S X U N/A Full Expenditure by end of FY (Para 321) Rating: E S X U N/A Annual Audited Financial Statements (Para 34) Rating: E S X U N/A $5,000. Anti - Scavenging Provided (Para 36) Rating: E S U N/A X Master Manifest Availability (Para 37) Rating: E S U N/A X Master Manifest Delivered Upon Request (Para 37) Page 3 Contractor Performance Evaluation Continued Rating: E S X U N/A Tonnage Documentation by Truck, ID #, Rte, Date By the 1 st Day of the Month (Para 37) Rating: E S X U N/A 50 Year Record Maintenance (Para 37) Rating: E S U N/A X Master Manifest Completeness (Para 37) Rating: E S X U N/A Annual Performance Review Participation (Para 40) Rating: E S X U N/A DISTRICT Indemnify /Defense /Hold Harmless (Para 42) Rating: E S X U N/A $50,000 Performance Bond Maintained (Para 44) Rating: E S X U N/A $5,000,000 Public Liability Policy (Para 45) Rating: E S X U N/A Worker's Comp Insurance (Para 46) Rating: E S U X N/A Occupancy Addresses /Parcel #s (Para 4A, 4B, 4C) Rating: E S X U N/A Federal /State /Local Law Compliance (Para 47) Rating: E S X U N/A Appropriate Licenses /Permits (Para 48) Rating: E S X U N/A Lack of Employment Discrimination (Para 49) Rating: E S X U N/A Drug Awareness Program Established (Para 50) Rating: E S U N/A X 40% Or Greater Stock Assignment (Para 51) Comments: 1. Response to District correspondence by CR &R staff has improved this fiscal year, with the exception of occupancy and additional barrel revenue reporting. EXPECTATION: Timely responses to all correspondence. 2. Documentation deliveries including weight tickets has been Satisfactory, however, invoices have required correction. DISTRICT staff requested e- mailing of monthly invoices instead of faxing and CONTRACTOR Staff has not complied. Improvement needed in reporting of additional container sales and cash receipts. Weight ticket report is not accurate; Invoice prior balnces are incorrect. EXPECTATION: CONTRACTOR to provide accurate invoices via e -mail. CONTRACTOR should submit additional revenue reports within the first week of the month following each quarterly period resulting in four reports annually. 3 The DISTRICT has been relying on the changes we are aware of as a basis of payment. CR &R's occupancy count discrepancy was resolved in May 08 to within 10 of the District count. The CR &R occupancy report remains within 10 of the District count, but often does not include addresses. EXPECTATION: CONTRACTOR should submit complete and accurate monthly reports for new and discontinued service addresses and parcel numbers with the monthly Occupancy Report and maintain low discrepancy. CONTRACTOR should address the reason for the discontinuation of the occupancy report. CONTRACTOR should provide an updated database to the DISTRICT from the combination of the DISTRICT database and the CONTRACTOR databases on an annual basis. 4. CONTRACTOR did not meet the intent of paragraphs 4A, 4B and 4C by submitting verified Occupancy data including addresses and parcel numbers. EXPECTATION: CONTRACTOR is expected to submit occupancy data to the DISTRICT including parcel number, address and unit number (as applicable). 5. CONTRACTOR provided extra static display support for the Costa Mesa Community Run in April and the annual City of Costa Mesa Safety EXPO in May 2010. EXPECTATION: CONTRACTOR is expected to continue this outstanding support to the DISTRICT. 4. Responsiveness to Government Rating: E S X U N/A Consider: Were complaints from the DISTRICT resolved in a reasonable and cooperative manner? Were telephone calls responded to promptly? Were controversial issues resolved amicably? Was the contractor reasonable and responsive to the DISTRICT'S needs? Rating: E S X U N/A Public Outreach (Paras 25,32) Rating: E S X U N/A Large Item Pick Up (Para 15D) Rating: E S X U N/A Large Item Pick Up Notices (Para 15D) Rating: E S X U N/A 5 Additional Large Item Pick Ups /Month (Para 15D) Page 4 0 Contractor Performance Evaluation Continued - - - Rating: E X S U N/A Rating: E S X Special Programs (Para 15) U N/A Rating: E S Christmas Tree Collection (Para 15B) X U N/A Rating: E S X U Holiday Collections (Para 10) N/A Special/Humanitarian Requests (Para 15C) Rating: E S X U N/A Up to 12 Excess Trash Pick- UpsNear (Para 15C) Rating: E S X U N/A Transfer Station (Para 29) Rating: E S X U N/A . Full -Time Green Waste Processing (Para 33) Rating: E S U N/A X Site Access to DISTRICT (Para 38) Rating: E S X U N/A Telephone Directory Collection (Para15A) Rating: E X S U N/A Plant Tours On Request (Para 39) Rating: E S U N/A X Comments: DISTRICT Audit Rights Honored (Para 41) 1. CONTRACTOR Staff continued to provide polite, knowledgeable and courteous customer service to the DISTRICT and residents. Trisha Throop represents CONTRACTOR at DISTRICT Recycling Committee meetings. Norma Fernandez responded repeatedly in an outstanding manner to resolve issues. Overall Quality of Service EXPECTATION: Continue excellent customer service and reprsentation at recycling 2. Timely responses to DISTRICT calls and a -mails were less than desired at times, mostly in regards to the areas of additional revenue reporting and response to DISTRICT. Ordinance Enforcement Officer's requests. CONTRACTOR Staff communications to the DISTRICT have improved, but more improvement is needed. EXPECTATION: CONTRACTOR should provide more timely communications reply acknowledgements to DISTRICT in selected areas. Page 5 5. Contract Compliance with Operational Requirements. Rating: E S X U N/A Consider: Were all of the contract requirements met? Were problems resolved? Are the delivered items or services used for the purpose intended? If not useable, why not? Specifically rate the following operational subcategories: Rating: E S X U N/A Overall Quality of Service Rating: E S X U N/A Fully Automated Collection (Para 6) Rating: E S X U N/A Prompt Weekly Collection (Para 7) Rating: E S X U N/A Contr Eq /ID List/Environment Friendly Fuel (Para 12) Rating: E S X U N/A Vehicle Waste Leak Prevention (Para 12) Rating: E S X U N/A Inventory Management - Deliveries (Para 11) Rating: E S X U N/A Customer Changeout Requests Rating: Rating: E E S X U N/A Accuracy, Thoroughness and Timeliness Rating: E S X U N/A Adherence to Approved Schedules ( Paras 7,8,9,10) Rating: E S S X U N/A Resolution of Delays (Para 10) Rating: E U N/A X Notice of Labor Disputes /Resolutions (Para 101)) Rating: E S X U N/A Container Maintenance (Para 11 B) S X U N/A Rate Stabilization Mgmt/Cust Satisfied/ Rating: E S X U N/A Add'I Cont Rev (Para 11 C) 8am - 5pm Office Hours (Para 21) Rating: E X S U N/A Qualified Personnel Avail All Bus Hrs (Para 21) Rating: E S X U N/A After Hours Voice - mail /Replies (Para 21) Rating: E S X U N/A Monthly Complaint Log Delivery (Para 22) Rating: E S X U N/A AB939 Compliance (Para 27) Rating: E S X U N/A AB939 Ed Prog Provided (Para 32, 6) Rating: E S X U N/A Controllable Waste Delivered to MRF (Para 29) Page 5 1 Contractor Performance Evaluation Continued - - Rating: E S X U N/A Waste Diversion (Para 30) Rating: E S X U N/A Residue Sent to Designated Disposal (Para 29) Rating: E X S U N/A 50% Diversion Rate Met (Para 30) Rating: E S U X N/A Maintained Graffiti -Free Containers (Para 36) Rating: E S X U N/A Vehicle Cleanliness (Para 12) Rating: E S X U N/A Quarterly Sign Rotation (Para 12) Rating: E S X U N/A Customer Satisfaction is #1 (Para 11C, 20, 22, 36) Comments: 1. Documentation deliveries including weight tickets, invoices and corrections has been Satisfactory. Additional container sales and cash receipts reports are past due. EXPECTATION: CONTRACTOR should submit additional container sales and cash receipt reports within the first week of the month following each quarterly period resulting in four reports annually. 2. CONTRACTOR requested District to provide quarterly changes to signage on trucks. EXPECTATION: CONTRACTOR should propose new signage quarterly. 3. CONTRACTOR can improve the maintenance of Graffiti -Free Containers. During the performance period DISTRICT Staff observed the same containers with missing lids or graffiti remain uncorrected by CONTRACTOR Staff. EXPECTATION: CONTRACTOR should emphasize to drivers the need to report/maintain Graffiti -Free Containers throughout the DISTRICT. CONTRACTOR should emphasize drivers need to be more conscious of locations where standardized containers are marked with non - standard identification. CONTRACTOR should encourage drivers to call in addresses with graffiti containers or provide matching green spray paint to the drivers to cover the graffiti during the route. In both examples a long- lasting identification tag system should be implemented without distracting from the container appearance. CMSD Board members complained. 6. Key Personnel (Paras 5, 24) Rating: E S X U N/A Consider: Did the personnel have the knowledge and expertise necessary to perform the operational and management requirements? Were changes in key personnel made? How often were they made? Rating: E S X U N/A DISTRICT Approved Ops Mgr (Para 20) Rating: E X S U N/A Liaison /Interf aces Appointed (Para 24, 54) Rating: E S X U N/A Driver Conduct/Uniforms /IDS (Para 26) Rating: E S X U N/A Evidence of Driver Scavenging (Para 26) Rating: E S X U N/A Driver Solicitation of Gratuities (Para 26) Rating: E S X U N/A Employee Handbook (Para 26) Comments: 1. CONTRACTOR and DISTRICT liaison representatives have effectively and efficiently interacted to resolve many issues before the issues became problems and in support of special requests. Since February 2008 CONTRACTOR maintained a DISTRICT customer service representative and setup an e-mail address specifically for the DISTRICT to assist in resolving issues. DISTRICT Staff is very pleased to work with Dean Ruff ridge, who is always willing to work towards resolution of any issues that may arise. Trisha Throop assigned as representative to DISTRICT Recycling Committee meetings. EXPECTATION: CONTRACTOR should continue Excellent coordination and cooperation. 7. Recommendation: Would you recommend award to this CONTRACTOR for future contracts? Yes X No Name of Evaluator: Thomas A. Fauth Phone #: (949) 645 -8400 x222 Title of Evaluator: Operations Manager Signature: C Date Page 6 8/16/2010 9 Contractor Performance Evaluation Continued 0 PART II - EVALUATION OF CONTRACTOR'S PERFORMANCE • CONTRACTOR'S REVIEW I have reviewed the performance of evaluation of CR &R under the July 20, 2006 Agreement. I do concur I do not concur with the evaluation. The attached comments consisting of pages are returned herewith for review by an individual at a level above the contract management officer responsible for this contract. Authorized Reviewer Name: Title of Reviewer: Phone # Signature: Date PART III - EVALUATION OF CONTRACTOR'S PERFORMANCE DISTRICT Review of CONTRACTOR'S Comments. I have considered the comments submitted on the performance evaluation of CR &R under the July 20, 2006 Agreement. The attachment to this form, consisting of pages is my final decision on this evaluation. Reviewer Name: Phone # Title of Reviewer: Signature: Page 7 Date • C. Meeting Date Item Number 07/22/10 XI. A. COSTA MESA SANITARY DISTRICT RECYCLING COMMITTEE AGENDA Monday, August 23, 2010 12:00 p.m. Costa Mesa Sanitary District 628 W. 191h Street Costa Mesa, California (Directors Ooten and Ferryman) THE RECYCLING COMMITTEE MEETING IS CANCELLED I. Orange County Waste & Recycling Sub - Regional Meetings, Funding & Grant Program II. Recycling Committee Goals for CY -2010 III. CR &R Report on Other Agencies Recycling Programs IV. Integrated Waste Management Department Household Hazardous Waste Collection Program III. Report on Other CMSD Recycling Programs IV. Public Comments V. Next Meeting Date — September 20, 2010 Dated: August 18, 2010 Clerk of the District • ROBIN B. HAMERS & ASSOC.. INC. NCIVIL ENGINEERS • PLANNERS ° SURVEYORS ... since 19sz August 1, 2010 Board of Directors COSTA MESA SANITARY DISTRICT 628 West 19`x' Street Costa Mesa, CA 92627 RE: #171 Irvine Force Main Rehabilitation Proposal for Engineering Design Services Dear Directors: Meetin Date I Item Number_ 08/26/10 1 XII. A- 234 E. 17TH ST., SUITE 205 COSTA MESA, CA 92627 Phone 949/5413 -1192 Fax 949/548 -6516 Robin B. Hamers & Associates, Inc. is pleased to submit this proposal for Engineering Design Services for rehabilitating the existing 14" ductile iron (DIP) force main by inserting a 12" high density polyethylene (HDPE) pipe inside the 14" line. Please refer to the attached fee table, which details each and every task needed to complete the design and place the project out to bid. Other rehabilitation options such as excavating and installing a brand new 12" line were discussed at both the Sewer System Committee and the Board of Directors regular meeting on July 22, 2010. Excavating and installing a brand new line was found to be costly at over $1 million. The prior staff report that includes the condition assessment and rehabilitation options is attached- hereto as a reminder of the subject matter previously discussed. As always, the proposal is hourly with the total shown being a not to exceed maximum, and covers civil engineering, surveying, and aerial photogrammetry. Once the location of the 7 insertion pits is established, proposals for soils engineering and traffic control can be obtained. Thank you for the opportunity to prepare this proposal. Please call me at (714) 293 -2727 (cell) if there are questions or comments. Sincerely, Robin B. Hamers, PE RCE 31720 �7 PREPARED BY: Robin B. Hamers, PE _... ... .. .... ... .. .__... _. .............. Client Costa Mesa Sanitary Distract (CMSD) _ B n _ .... .. District c[ CnBmeer ..... ProJec[: !urine P.S. Force Main Rehabilitation .. .... __ .._ _ Job No. 171 I __ .. . _ - .......,....__ ....... -. .......... . . ..__..- ..._._.... .. _...... ... ... -._ _..........__.._.__.. ... ......... _- ... ......... . ...__.__.__..__..._. - -- —_ _ _.... Date: July 23.2010 R11i PE t'1 SC' P5 In Total F'ee Task Description 1.01 ,Rescarch City,_ County,C.LTies BM..Mnps ..._ _ ....__... _. ....... ...a__ _......... .. _...... .,.. ._ 1. I . Check for available base skits; CCM; CNB; 8 .... 1? ;Determine Base Sheet Parameters _......_ ._. 8 ....... _..._ - 1.3 Pre-Calcs for Survey Crew ..... . ... __... _.... 1.4 2-rnan survny crew, day l Aeral Targets, Day _.._ 1.5 _ Aerial Photogrammist 31 i.6 Add Topo to Aerial ..,.,, . 1,7' 'Research Lkilitim obtain Atlas Sheets 8 „_.. 4 1 8 Add LltBlies to T'opo Draw exist profile of f m. from record plans 4 36 .1.9 1.101 2.0 Pre re front end sheets (3) P. .__,. _ ,..__...... - ._..... 2.1 _ ;Add notes for FIDPE and CIPP 1.2 11 _ Determine location of7 insertion pas 4 .... 2.3 Meet w/HDPE Rep and CIPP rep to discuss connections Rr, specs ., 4 . .... - .. ._ 2.41 _ Draw• new HDPE &CIPP on Plan View ,8 16 _. . ......_..' 5. _ ..... �, Draw new HDPE & CIPP on Profile 28 _ ?.6.I Add iisertion pits to ..._ .. 4 ... .. ._....._... _. _.. -_.. _ . _.._.... .._ _ .. .... Prepreinsettion pit details 4 6 ... .._,.. ._.. _.... .. __ ._, ..__ -, Prepare construction notes _ . _..... 6 _.... ... ._. _ _ __........ ........ .. ..........2.8 2.9 Determine qurWes ...... 8 .. _.. .. . . .._.... 2.1o, ,Send 1.rsto'I'CE forTraffc Control Plans innate P 2.1 I !,Discussion and coordination with TCE 6 . . 2.12 Design By PassOperatwn_.._ 4 Design By Pass Details on Plans _ _., 8 . .214 jPrcject Team Meetings _ ... 4 4 4 ._ ....... ...._... .._. ... 3.0 Submit plans to CNB CCM, Ulildies for 1st renew P 6 .. ....... 31 ._..._......... __._..._....__ ._. .. ;Meetings 4 .._......_...... � I_ _.... .._ _ .. 3.2 Make plan check revisions .................1.. __ __..._. .. ... ._ ......_. .. .. __......._.. ... 3.3. .:._... Submit for 2nd review 4 .. Prepare Specs 4 3.5 ...... Prepare bid set plans and specs and process to obtain petmas 4 6 4.0 Coordinate print rag ofplans and specs for bidding 6 5.0; 'Attend bid opening, prepare bid tab prepare staffreport Total- Ialu,r Mount and Fee 40 139 16 16 62 49,Z8b Hamers 3 Pro ct In ctor Paul Guzman, Joe Limon PI �•� x,61 4 Surva Crew Tun FetY , Rich Smith SC 230 3,680 5 Pro t Survv •our Tin Fetti g PS 96.5 5,983 • s I. �1 IRENABILOTATE EXISTING 14" FORCE AAAON „�„L* ;� m mL a BY-PASS -\ R/w (2,8351 L.F.) R/W 30' H.P.� GAS EI411N0 SLWER UNE t-T — T _ —T __ --g_ =1, ofti2� p — — T_-- 5.0 DEEP E -DOST. TELEPHONE USE aR/w 13.8 DEEP 14.8 DEEP ELDEN AVENU E MESA DROVE ORANGE AVENUE REMABILOTATE EURSTOP40 94" FORCE MAIN (2,8351 L.F.) RM — -- -- R/W -- -- -- - a. j q_ D=91, 0IM NE �- UJ ui N -- -- Rrvi -- -- rruu -- -- — 4 S -- ,�) -- -- -- I 5.5 $ 14.9 DEEP 12 - 15. fE MESA DROVE CLUB MESA PLACE SANTA ANA AVENUE r +I N- -- Riw - -- -- - -� - - -� _ E70STIN0 1 W az._. _.. —.._.. _ ._.._.._..— ..�..— ..— .._.. —.. -- -- -- /`." 3 . RM' W— EbST. TF].FPHONE uE �I 9S DEEP 1171a F °�u a D N- 1- 06LOTATEEXOSTONG SANTA ANA AVENUE 14" FORCE MAIN REDLANDS DRIVE . A (2,835± L.F.) O 5W ESA DROVE 450 L.F. 12" PVC SDR 35 FORCE MAIN CONSTRUCTED IN 2009 IRVINE DRIVE 1 I 0+94.94 Q 7.5 DEEP SNI_- -- -- -- R/w -- - -- -- . / .8 ��. _.. w W .. _.. _.._.. ElOSTM i CJ MAIN .. _. .. —.._.. _ _.. _.. .. .� . S ,'"TL. DAS - �.._ —.._ g ~r 7 EXIST. 7f1F�P_HCN_E LINE -- ¢ - Rrv+ 8' S'EV -M UNE I 0+35.89 QMH. a I 34+- 88. MH• -b.a- os�- -- � 18: DEfF 12.2 DEEP SD RIVERSIDE DRIVE - nsnH w.m I PRO ®EC7 0171 (jl1 �J (f EXIST. 18' LL�9i'•SE PUMP �ATION EClV{IriG�prp 6�Y,II�VM7 P9�IV1�p MESA pq tt�� YWOrc�1A DRIVE �7 BEACH NEY�DRT BEACH WATER LINE y�y��� A I ON IRVINE DRIVE ty1P4{IV t; • I ROBIN B. HAMERS & ASSOC., INC. NCIVIL ENGINEERS • PLANNERS • SURVEYORS ... since 1981 August 8, 2010 Board of Directors COSTA MESA SANITARY DISTRICT 628 West 19th Street Costa Mesa, CA 92627 RE: #185 System Wide Sewer Reconstruction Phase I Proposal for Engineering Design Services Dear Directors: Meeting Date Item Number 0126110 XII. B. 234 E. 17TH ST., SUITE 205 COSTA MESA, CA 92627 Phone 949/548-1192 Fax 949/548 -6516 Robin B. Hamers & Associates, Inc. is pleased to submit this proposal for Engineering Design Services for preparing plans and specifications and placing the project out for formal bids for reconstructing the first 64 Grade 5 sewer deficiencies. The televising project completed from January 2006 to March 2009 found 255 Grade 5 sewer deficiencies requiring immediate attention. Grade 5 deficiencies require immediate attention as the risk of failure is high and failures may result in sewer overflows. The Board of Directors chose to reconstruct these deficiencies in a four - year period with an approximate $1 million per year construction cost. The attached fee table was prepared in a manner showing the per location hours estimated to complete the design along with hours estimated to complete the items common to all 64 locations. The result is an average per location design cost of just over $1,000, which is very reasonable, and the percentage of design cost compared to the $1 million construction cost is 6.98 %, which is also very reasonable and lower than the industry standard 10 %. Please also note billing is hourly and only for actual hours worked. Thank you for the opportunity to prepare this proposal. Please call me at (714) 293 -2727 (cell) if there are questions or comments. Sincerely, Robin B. Hamers, PE RCE 31720 • • C t0-. a A 181 C D E F G H I J K L 1 2 9 . PREPARED BY: Robin B. Harriers, PE_ 3 Client: Costa Mesa Sanitary District (CMSD) _ � District Engineer 4 Project: System Wide Sewer Reconstruction Phase I 5 6 Job No. 185 7 6 Date: Au ust 11, 2010 9 _.,..'. M;.. _.••'. TaskDescriptiaa�'. .� -�. ..' ME ,' PE` -EI ' House Fee _ Total Fee 6r. /seg th�al hrJseg total hr. hrJseg 'total _ 11 1.0 Common to all 64 locations 12 1.1 Prepare front end sheets 14,0 _ Prepare location map and send to utilities for atlas sheets-. 12.0 14 1.3 Determine existing paving thickness through City records �_ 5.0 15 1.31 Arrange for coring contractor to determine paving thickness 4.0 16 1.41 Prepare project specs _ 2.0 30.0 17 1.411 _ Review Greenbook for approved lining methods 1.0 5.0 18 1.42 Meet with CIPP representative and two other liner representatives 3.0 6.0 19 1.5 Prepare engineer's estimate _�_ 1.0 6.0 20 1.6 _ Meetin s with Costa Mesa, Newport Beach, design team 6.0 6.0 21 1.7 Determine traffic control parameters 8.0 22 1.8 Submit for plan check and make corrections (twice) 16.0 23 1.9 _ Finalize plans and specs, coordinate printing, and put out to bid 5.0 24 1.10 Attend bid opening check references, prepare bid tab and staff report 5.0 8.0 25 1.11 26 2.0 Typical Excavate and Replace Location (15 Segments) 271 2.1 Obtain base map information and prepare base plan 28 2.2 Add utilities 1.0 15.0 29 2.3 Field check for street width, striping, utility conflicts, traffic control 0.5 7.5 30 2.4 Review video and report, design and draft repair, add construction notes 0.5 7.5 4.5 67.5 31 2.41 Includes size of pipe, slope, depth, pavement thickness, traffic control, special concerns 1.0 15.0 32 hours per segment 0.5 9.0 0.5 33 3.0 Typical Liner Installation (49 segments) 34 3.1 Obtain base map information and pre are base plan 1 2.0 98.0 35 3.2 Review video and report and determine limits of liner 1.0 49.0 36 3.3 Determine upstream flow requiring diversion 0.5 24.5 37 3.4 Field check for street width, striping, M.H. locations, traffic control 0.5 24.5 38 3.5 Design and draft repair, add construction notes _ 0.5 24.5 3.5 171.5 39 3.51 _ Add details for ends of short liner sections 1.0 49.0 40 41 hours per segment ToGttLabor Hours and Fee 0.5 8.0 0.5 1,90.0 . 652:0' 32 $69,807.00 42 In -House Labor Project Team Class Rate Total Cost 43 1) Managing Engineer Rob Harriers ME 96.5 $4 44 2) Project En in8 eer Yefim Tsalyuk PE � 96.5 $62,918.00 45 3) Project Inspector Paul Guzman, Joe Limon PI 64.5 $2,064.00 • • C t0-. a • r • ATTACHMENT • • • SEWER SYSTEM COMMITTEE AGENDA August 17,2010,9:00 a.m. Costa Mesa Sanitary District 628 W. 19th Street. Costa Mesa, California Directors Monahan, Ooten and Ferryman Meeting Date Item Number 08/26/10 1 XIII I. Monthly Spill Statistics Il. Oversight of Private Pumping Stations A. Brochure and Site Visit Information Form B. List of discharge points if stations fail C. Meeting with owners to present program III. CMSD Pumping Stations A. Quarterly staff meetings B. List of discharge points if stations fail IV. Potential Dig -Alert Requirement to Mark Sewer Mains and Private Laterals V. SSO Enforcement Options and Compliance Audits VI. San Francisco Baykeeper's Legal Actions VII. New Grease Treatment Method Vlll. Project #171 Irvine Force Main Rehabilitation; Proposal for Design Phase IX. Project #185 System Wide Sewer Reconstruction; Proposal for Design Phase for first 64 Grade 5 Repairs X. 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 1. Project #189 — Rehabilitation of Six Sewers Transferred to CMSD XI. CMSD Sewer Cleaning Program - Update XII. Next Meeting: September 14, 2010,10:30 a.m. XIII. Public Comments Dated: August 10, 2010 i Clerk of the District DIEHL, EVANS & COMPANY, LLP CERTIFIED PUBLIC ACCOUNTANTS & CONSULTANTS A PARTNERSHIP INCLUDING ACCOUNTANCY CORPORATIONS 5 CORPORATE PARK, SUITE 100 IRVINE, CALIFORNIA 92606 -5165 (949) 399 -0600 • FAX (949) 399 -0610 www.diehlevansxom August 18, 2010 To the Board of Directors Costa Mesa Sanitary District Costa Mesa; California Meeting Date_ I Item Number L 1 08/26/10 XIV. A, - -� MICHAEL R. LUDIN. CPA CRAIG W. SPRAKER CPA NITIN P. PATEL, CPA ROBERT J. CALLANAN. CPA "PHILIP H. HOLTKAMP, CPA •THOMAS M. PERLOWSKI. CPA 'HARVEY J. SCHROEDER, CPA KENNETH R. AMES, CPA - WILLIAM C. PENTZ, CPA •A PROFESSIONAL CORPORATION We are engaged to audit the financial statements of the Costa Mesa Sanitary District for the year ended June 30, 2010. Professional standards require that we provide you with the following information related to our audit. Our Responsibilities under U.S. Generally Accgpted Auditing Standards Our responsibility, as described by professional standards, is to express an opinion about whether the financial statements prepared by management with your oversight are fairly presented, in all materi al respects, in conformity with U.S. generally accepted accounting principles. Our audit of the financial statements does not relieve you or management of your responsibilities. Our responsibility is to plan and perform the audit to obtain reasonable, but not absolute, assurance'that the financial statements are free of material, misstatement. As part of our audit, we will consider the internal control of the Costa Mesa Sanitary District. Such considerations will be solely for the purpose of determining our audit procedures and not to provide any assurance concerning such internal control. We are responsible for communicating significant matters related to the audit that are,, in our professional judgment, relevant to your responsibilities in overseeing the financial reporting process. However, we are not required to design procedures specifically to identify such matters. Planned Scope and Timing of the Audit An audit includes examining, on a test .basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. 0 -1- OTHER OFFICES AT: 2965 ROOSEVELT STREET 613 W. VALLEY PARKWAY, SUITE 330 CARLSBAD. CALIFORNIA 92008 -2389 ESCONDIDO, CALIFORNIA 92025 -2598 (760) 729 -2343 • FAX (760) 729 -2234 (760) 741 -3141 • FAX (760) 741 -9890 Planned Scope and Timing of the Audit (Continued) Our audit will include obtaining an understanding of the District and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing and extent of further audit procedures. Material misstatements may result from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the District or to acts by management or employees acting on behalf of the District. We will communicate our significant findings at the conclusion of the audit. We expect to begin our audit on approximately September 20, 2010 and issue our report on approximately November 30, 2010. This information is intended solely for the use of the Board of Directors and management of the Costa Mesa Sanitary District and is not intended to be and should not be used by anyone other than these specified parties. -2- 1 L LP • • To: Honorable President and Board Members From: District Counsel. Date: August 11, 2010 Meeting Date_ Item Number 8/26/10 1 XV. A_ - - - -� RAMR (951)6 00698 Re: Campaign Contribution Supports Conviction Related to Trash Franchise In HUB v. City of Compton, the Court of Appeal has upheld a conviction based on a c paign contribution. In this case, the campaign contribution was proven to be in exchange for re eiving a trash franchise contract, of which a former city employee was a principal.. The is a was whether circumstantial evidence could prove a violation. The Court found it could. The Court noted: "The fact that persons or entities make campaign contributions to officials who favor a particular position or who support the donee does not prove illegality. But illegality is proven if there is an understanding that a payment is made in anticipation of political favor or on account of favors given, and then only if the political act was made on account of the payment or agreement to pay. This may be, but rarely is, shown by direct evidence of a scheme to repay an official's award of a public contract through campaign contributions made by the contracting entity. It also may be shown by circumstantial evidence. In this case, the facts involved the controversial Mayor Omar Bradley and fellow ouncil members and a general outcry over awarding a no bid contract to the franchisee. At the ime of the award, a large number of constituents spoke at the council meeting to put the contra out to bid. The campaign contributions were made at or near the time of the vote and the contri utions to the council were substantial and constituted the majority of their campaign funds. • LAW OFFICES OF HARPER & BURNS LLP A LISOIFD LI WX Y PARTNERSHIP RJCLUDM A PROPESSMNAL CORPORATION 453 S. GLASSELL STREET JOHN R HARPER* ORANGE, CALIFORNIA 92566 ALAN R. BURNS COLIN R. BURNS (714) 771 -7725 FAX (714) 744-33 50 OF COUNSEL. JUDI A. CURTIN* www.hxTerbums.com MICHAEL MONTGOMERY' 'A PROFESSIONAL CORPORATION To: Honorable President and Board Members From: District Counsel. Date: August 11, 2010 Meeting Date_ Item Number 8/26/10 1 XV. A_ - - - -� RAMR (951)6 00698 Re: Campaign Contribution Supports Conviction Related to Trash Franchise In HUB v. City of Compton, the Court of Appeal has upheld a conviction based on a c paign contribution. In this case, the campaign contribution was proven to be in exchange for re eiving a trash franchise contract, of which a former city employee was a principal.. The is a was whether circumstantial evidence could prove a violation. The Court found it could. The Court noted: "The fact that persons or entities make campaign contributions to officials who favor a particular position or who support the donee does not prove illegality. But illegality is proven if there is an understanding that a payment is made in anticipation of political favor or on account of favors given, and then only if the political act was made on account of the payment or agreement to pay. This may be, but rarely is, shown by direct evidence of a scheme to repay an official's award of a public contract through campaign contributions made by the contracting entity. It also may be shown by circumstantial evidence. In this case, the facts involved the controversial Mayor Omar Bradley and fellow ouncil members and a general outcry over awarding a no bid contract to the franchisee. At the ime of the award, a large number of constituents spoke at the council meeting to put the contra out to bid. The campaign contributions were made at or near the time of the vote and the contri utions to the council were substantial and constituted the majority of their campaign funds. • Costa Mesa Sanitary District HUB v. City of Compton August 11, 2010 Page 2 Conclusion Although there is no clear test for when a jury might find that a campaign contributionI was to secure a vote, timing is probably important. You will want to be aware of this case in accepting campaign contributions when a significant vote on a matter involving the donor is before you. Respec submitted, Alan R. Burns City Attorney cc: General Manager District Clerk • • Meeting Date I Item Number 08/26/10 1 XV. B. Please be aware of the obscure law that requires an annual listing of eve xpense reimbursement of $100 or more for an "individual charge" such as for tra Is � rtation, registration, meal or lodging bill. This law only applies to special districts. It applies th the governing body and any employee: It is satisfied by an annual listing in a pub i enda. (Government Code Section 53065.5, attached.) Let me know if you have any questions. Respectflilly submitted, Alan R. Burns District Counsel cc: District Clerk District Treasurer • LAW OFFICES OF HARPER & BURNS LLP A LI1.9TED LIABLM PARTHMSM INCLUDING A PROFESSIONAL CORPORATION 453 S. OLASSELL STREET ALAN R. BURNS ORANGE, CALIFORNIA 92866 JOHN R HARPER- (951) 674-0698 COLIN R. BURNS (714)771 -7728 OF COUNSEL - FAX (714) 744 -3350 JUDI A. CURTIN* MICHAEL MONTGOMERY' _ •A PROFESSIONAL CORPORATION To: General Manager From: District Counsel Date: August 11, 2010 Re: Annual Listing of Expense Reimbursements over $100 L- Please be aware of the obscure law that requires an annual listing of eve xpense reimbursement of $100 or more for an "individual charge" such as for tra Is � rtation, registration, meal or lodging bill. This law only applies to special districts. It applies th the governing body and any employee: It is satisfied by an annual listing in a pub i enda. (Government Code Section 53065.5, attached.) Let me know if you have any questions. Respectflilly submitted, Alan R. Burns District Counsel cc: District Clerk District Treasurer • § 53065 CITIES, COUNTIES, & OTHER AGENCIES Title ;5 Library References Counties «1 S. WESTLAW Topic No. 1o4. C.J.S. Counties §§ 31 to 33. § 53065.5.' Special districts; disclosure of reimbursements Each special district, as defined by subdivision (a) of Section 56036, shall, at least annually, disclose any reimbursement paid by the district within the immediately preceding fiscal year of at least one hundred dollars ($100) for each individual charge for services or product received. "Individual charge ". includes, but is not limited to, one meal, lodging for one day, transportation, or a registration fee paid to any employee or member of the governing body of the district. The disclosure requirement shall be fulfilled by including the reim- bu rsement. information in a document published or printed at least annually by a date determined by that district and shall be made available for public inspection. (Added by Stats.1994, c. 36 (A.B.1542), § 1. Amended by Stats.1995, c. 529 (S.B.614); § 4, eff. Oct. 4, 1995.) Historical and The Assembly Daily Journal for the 1993 -94 Regular Session, page 5873, contained the fol- lowing letter dated March .24, 1994, from As- sembly Member Tom Umberg regarding the in- tent of A.B.1542 (Stats.1994, c. 36). "Dear Mr. Wilson: I am requesting the fol- lowing letter be printed in the Assembly Daily Journal. "Section 1 of my Assembly Bill 1542 adds Section 53065.5 to the Government Code relat- ing to expense reimbursements. It requires special districts to disclose in printed form, at least annually, each expense reimbursement paid to an officer or employee for any individual expenditure exceeding $100.00. "That section states 'The disclosure require- mem shall be fulfilled by including the reim- bursement information in a document published or printed at least annually by a date deter- Statutory Notes mined by that, district and shall be made avail- able for public inspection.' "This is to express my intent that I have included this clause to give flexibility to special districts in complying with the disclosure re- quirements, and to enable them to comply with this requirement as inexpensively a possible. Examples of alternative ways local agencies may wish to comply with these 'requirements are by periodically including a document listing these expenditures in their agenda packets for their board of directors meetings, or by printing quarterly, semiannually,. or annually documents listing these reimbursements. "I do not wish to mandate an expensive publi- cation nor mandate any more staff time or printing expense than is necessary to compile the information and to make it available to the public in an understandable format." Law Review and Journal Commentaries Review of selected 1994 California legislation. 26 Pac.L.J. 202 (1995). • r Meeting Date Item Number 1 08/26/10 XVI. A. � CO S TA ME SA SA NiTA R Y D i, S q R-I C T Memorandum To: Board of Directors ... an Independent Specia(District Via: Scott Carroll, General Manage From: Joan Revak, Board Secretary/Program Manager /Clerk of the District Date: August 26, 2010 Subject: Large Item Collection Program - 2010 Summary The Large Item Collection Program began on June 20, 2010 and will conclude on August 21, 2009. As of August 13, 2010, 246.22 tons were landfilled at a total cost of $6,854.20. Recyclable White Goods collected during this period totaled 46.48 tons, for a • credit of $1,871.80 ($40.00 /ton) amounting to a net debit to -date of $4,982.40. The weekly progress of the collection is illustrated on the attached chart. Staff Recommendation Accept Report. Legal Review Not applicable. Financial Review Not applicable. Committee Recommendation Not applicable. Public Notice Process Copies of this report are on file with the entire agenda packet at District Headquarters and 0 on the District's website. Protecting our community's health by prova* solid waste and sewer collection services www.crosdcagov n 001 4EO COSTA MESA SANITARY DISTRICT LARGE ITEM COLLECTION PROGRAM - 2010 Landfilled Tonnage 35.16 30.63 22.47 4.71 21.42 37.13 49.64 45.06 246.22 Cost $773.52 $751.78 $597.99 $141.07 $641.52 $1,112.04 $ 1,486.71 $1,349.57 $6,854.20 Recycled White Goods 9.43 9.21 8.67 1.17 1.31 4.80 6.11 5.78 46.48 Credit $377.20 $368.40 $346.80 $46.80 $52.40 $ 192.00 $257.00 $231.20 $1,871.80 Net Cost $396.32 $383.38 $251.19 $94.27 $589.12 $920.04 $1,229.71 $1,118.37 $0.00 54,982.40 07/14/ jr pp 0`m -.c • P.. 4 Me eting Date I Item Number 08/26/10 1 XVI. S. COSTA MESA SAaCi�zA�'DrsrRrc7 Memorandum To: Board of Directors ... an Independent Special District Via: Scott Carroll, General Manage From: Joan Revak, Office Ma er /Clerk of the District Date: August 26, 2010 Subject: Election — November 2, 2010 Summary The filing date has closed for the November 2, 2010 election.. There are four candidates for the three open seats in the Costa Mesa Sanitary District and they are incumbents Arlene Schafer and Robert Ooten, and Jim Fitzpatrick and Mike Scheafer. Attached is election information and Candidate Statements for each of the four candidates. Staff Recommendation Accept Report Legal Review Not applicable. Financial Review Not applicable. Committee Recommendation Not applicable. Public Notice Process Copies of this report are on file with the entire agenda packet at District Headquarters and .on the District's website. Vote 0REGISTRAR OF VOTERS HOME I FAQ I CONTACT US I ABOUT US H Page 1 of 2 Costa Mesa Sanitary Dist, Vote For: 3 a.. Number of Candidates: 4 Number Qualified: 4 JBC Preparation; Hundreds of BOB OOTEN JBC's are prepared for the upcoming election. Each one is Director, Costa Mesa Sanitary District assigned to a unique precinct.. CANDIDATE STATEMENT Qualified Date:8 /2/2010 6:52:00 PM NJ Candidate Statement Issued:7 /29/2010 Candidate Statement Filed:8 /2/2010 Sigs In Lieu Issued: Sigs In Lieu Filed: Filing Fee Paid: Vote -By -Mail Ballots; With Nomination Papers Issued: nearly 400,000 vote -by -mail Nomination Papers Filed: voters in Orange County, the Declaration of Candidacy Issued:7 /29/2010 ballots have to be moved by Declaration of Candidacy Filed:8 /2/2010 forklift. User Code: JIM FITZPATRICK Costa Mesa Commissioner /Businessman CANDIDATE STATEMENT Qualified Date:8 /6/2010 6:22:00 PM Candidate Statement Issued:7/22/2010 Election Pins; Election pins are Candidate Statement Filed:8 /6/2010 still popular and ever - present Sigs In Lieu Issued: around elections. Sigs In Lieu Filed: Filing Fee Paid: Nomination Papers Issued: Nomination Papers Filed: Declaration of Candidacy Issued:7 /22/2010 Declaration of Candidacy Filed:8 /6/2010 User Code: MIKE SCHEAFER Businessowner CANDIDATE STATEMENT Qualified Date:8 /6/2010 10:49:00 AM Candidate Statement Issued:8 /2/2010 Candidate Statement Filed:8 /6/2010 Sigs In Lieu Issued: Sigs In Lieu Filed: Filing Fee Paid: Nomination Papers Issued: http: / /www.ocvote.com /election /gen20l 0/lookup2.asp 8/17/2010 • • �y • Vote Page 2 of 2 Nomination Papers Filed: Declaration of Candidacy Issued:8 /2/2010 Declaration of Candidacy Filed:8 /6/2010 User Code: ARLENESCHAFER Incumbent CANDIDATE STATEMENT Qualified Date:7 /16/201 0 11:54:00 AM Candidate Statement Issued:7 /12/2010 Candidate Statement Filed:7/12/2010 Sigs In Lieu Issued: Sigs In Lieu Filed: Filing Fee Paid: Nomination Papers Issued: Nomination Papers Filed: Declaration of Candidacy Issued:7 /12/2010 Declaration of Candidacy Filed:7 /12/2010 User Code: Orange County Registrar of Voters 11300 South Grand Avenue I Building C I Santa Ana CA 92705 1714.567.7600 http:// www. ocvote. com /election/gen201.0/lookup2.asp 8/17/2010 COSTA MESA SANITARY DISTRICT DIRECTOR NAME: ARLENE SCHAFER OCCUPATION: Incumbent Married: 3 children, 5 grandchildren 50 year resident of Costa Mesa Bachelor of Business Administration Degree Present: President of Costa Mesa Sanitary District Member of Independent Special Districts of Orange County ( ISDOC) Immediate Past President of California Special Districts Commissioner of Local Agency Formation Commission ( LAFCO) Chair of the Redevelopment Agency Advisory Committee for Costa Mesa Vice President of Costa Mesa Federated Republican Women (CMFRW) Vice President of OCRW Federated (OCRWF) Harbor Mesa Lions Club Active Member Former: Mayor of the city of Costa Mesa, Vice Mayor, Planning Commissioner, Chair of Redeveloprment Agency, President of Independent Special Districts of Orange County ISDOC Former Chair and Vice Chair of LAFCO Advisory Committee to YES OCTA Advisory Board (appointed by Supervisor Jim Silva) General Manager of Costa Mesa Chamber of Commerce Mardan School Board Trustee Fairview Developmental Center Advisory Board (appointed by California Governor Pete Wilson) Past President Harbor Mesa Lions Club Orange County United Way Executive Board member Orange County Board of Supervisors "Honored Citizen of the Year" As an experienced incumbent, I am asking for your vote! Thank youl II 6101 -1 0 III 4 4 COSTA MESA SANITARY DISTRICT DIRECTOR NAME: BOB OOTEN OCCUPATION: Retired Sanitary Engineer I am honored to be your elected representative. I have 46 years of technical /financial work experience in sewer /trash collection with a Masters degree in Sanitary Engineering. My wife and I are 26 year Costa Mesa residents. I am president of Friends of the Library managing one of their used bookstores, am active in Lions, and have served on city committees. I have kept my pledge to contain costs, provide technical input, and plan for the future. My education and experience allowed me to quickly formulate district policies and strategic plans and to provide financial oversight to wisely spend your money, resulting in: No increase in trash fees The region's lowest sewer fees Repairing aging sewers with existing fees Securing $12,000,000 in grants to lower future operating costs Reducing sewer overflows to improve public safety Developing sewer lateral repair cost support for residents Selling trash cans to eliminate $1,800,000 In debt. I would very much appreciate your re- electing me. I will continue to develop fiscally conservative policies that ensure cost - effective sewer and trash collection. Bob Ooten, Professional Engineer. Contact me at Ootenwater.com or 714 - 545 -9613. Endorsements: Jim Ferryman Wendy Leece Gary Monahan Mike Schaffer i I i 6101 -3 COSTA MESA SANITARY DISTRICT - DIRECTOR NAME: JIM FITZPATRICK AGE: 45 OCCUPATION: Costa Mesa Commissioner /Businessman Endorsed by Costa Mesa Mayor Allan Mansoor, Council Member Gary Monahan and Planning Commission Chair Jim Righeimer. The Sanitary District manages Solid Waste and Sewer. As the only utilities where using less does not reduce fees, it is critical to keep costs low, and service high. I will work to refine and implement the Strategic Plan to achieve those goals. Currently I am a Costa Mesa Planning Commissioner working effectively with Council, Staff and Community to achieve results. Active in the Eastside Costa Mesa, I worked with the community to introduce sidewalks and reforestation on Broadway, and a cross walk/traffic light to school on Irvine Ave and Magnolia. I am currently working with the community to implement a $1 M Safe Routes to School grant. A local business owner, I am pro- business, and for limited, responsible government. A Certified Green Building Professional; I know how to develop cost effective, sustainable solutions. Married, father of two young children. Graduate, University of Notre Dame. Bottom line, the Sanitary District will benefit from fresh ideas, history of leadership, and a collaborative style that will work well with the existing Board. I have the passion, relationships, and expertise to make a difference. Email JimFitzEco @gmail.com I j I I I 6101 -2 r� 0 4 COSTA MESA SANITARY DISTRICT DIRECTOR NAME: MIKE SCHEAFER OCCUPATION: Businessowner I have been a resident of Costa Mesa for over 50 years. I have been Involved in various community organizations including Lions Club, Fish Fry, Senior Center, Boys and Girls Club, Little League, AYSO. My family and I have worked to make Costa Mesa a better place to live. As a former Sanitary District Director I helped develop the fiscally sound practices that make trash and sewer service fees amongst the lowest in Orange County. I helped Costa Mesa meet stringent mandated recycling standards. I developed a strong working relationship with the City and District staff and was respected by all. It is very important for the Board and staff to work together. I got the best service at the most economical price. I served on the Costa Mesa City Council and worked to insure fiscally sound practices with services, employees and other aspects of government. I run my business on an economical, efficient basis. I take that same approach to my work in government. In today's economy we need a common sense, businesslike approach to make sure your tax dollars are spent wisely. Please vote Mike Scheafer for Costa Mesa Sanitary District. 6101 -4 • Special District Risk Management Authority Maximizing Protection, Minimizing Risk. August 6, 2010 1112 1 Street, Suite 300 Sacramento, California 95814 -2865 T 916.231.4141 F 916.231.4111 Toll -free 800.537.7790 www.sdrma.org Mrs. Arlene Schafer Board President Costa Mesa Sanitary District 628 West 19th Street Costa Mesa, California 92627 -2716 Dear Mrs. Schafer: Meeting Date Item Numbe 08/26/10 XIX. B, w_D R__ M A NOTICE OF DIRECTOR VACANCY RECEIVED AUG 092010 COSTA MESA SANIARY8ISTRl6'T On behalf of the SDRMA Board of Directors, I'm writing to notify members of a vacant Director's seat on SDRMA's Board of Directors effective September 30, 2010. The vacancy is due to a resignation of a current Director. The remaining balance of the unexpired term is 14 months, expiring December 31, 2011, and will be filled by appointment of the Board of Directors based on an application and interview process. The appointment will be based on the following procedures according to SDRMA Bylaws and Election /Appointment Policy No. 2009 -07: Candidate Qualifications Interested candidates must be a Board member or full -time management employee (see Policy No. 2009 -07, Section 4.1) and be an active member agency of either SDRMA's Property and Liability or Workers' Compensation Programs. Only one representative from any member agency may serve on the Board of Directors at one time. Member Districts /Agencies which already have representatives serving on the Board are: Alameda County Water District Bear Valley Community Services District Cambria Community Services District Mojave Desert Air Quality Management District North of the River Municipal Water District Trinity County Waterworks District #1 These districts /agencies are not eligible to nominate another representative for the vacancy. Candidate Documents and Information— Attached are candidate documents and information including a Board of Director fact sheet, sample resolution and Election /Appointment Policy No. 2009 -07. Additional documents may also be obtained by contacting SDRMA Member Services Manager Ellen M. Doughty at 800.537.7790 or on SDRMA's website at www.sdrma.org. To obtain documents electronically: From the SDRMA homepage, click on the 2010 Nomination and Election Information " button located on the left side of the web page just below Member Log -in. All necessary documents may be downloaded and printed. Application Packet Candidates shall submit the following; a) A letter of interest; and b) A resume, with particular emphasis on the candidates knowledge of special districts and risk - management; and c) A resolution from or a letter approved by the candidate's Governing Body nominating the candidate. d) Completed application packets must be received in SDRMA's office no later than 5:00 P.M. October 6, 2010. An alliance committed to serving California Special Districts Association CSDA Finance Corporation California's independent special districts 1112 1 Street, Suite 200 1112 1 Street, Suite 200 www.allspecialdistricts.com Sacramento. California 95814 -2865 Sacramento, California 95814 -2865 Toll -free 877.924.CSDA (2732) Toll -free 877.924.CSDA (2732) Fax 916.442.7889 Fax 916.442.7889 Notice of Director Vacancy August 6, 2010 ,at rcs • �� Page 2 Interview Process a) Qualified candidates who have submitted an approved application packet will be advised in writing acknowledging the receipt of their application packet and confirming the date, time and location of their interview. b) Interviews will be conducted by SDRMA's Board of Directors on Wednesday, November 3, 2010 in Sacramento at SDRMA's office. c) SDRMA shall reimburse the reasonable expenses, in accordance with SDRMA policy, (for travel, meals and, if necessary, lodging) of the appointed candidate for his /her attendance at the interview. The expenses of all other candidates/interviewees shall be borne by the candidate or their districtlagency. Selection The Board of Directors anticipates making the selection and notifying candidates of the final selection on November 3, 2010. Candidates will be advised in writing of the Board's selection. The successful candidate will be seated at the Board Meeting on November 4, 2010. SPECIAL NOTE: As a part of our normal election process, three Board seats will be up for election during 2011. One of the three seats up for election in 2011 is being filled by this appointment for a 14 month term. Therefore, whichever candidate is appointed by the Board on November 3, 2010, that Board member must then stand for election during the regular election process in 2011 and be successful in order to remain in that seat beyond December 31, 2011. SDRMA isgoverned by its members for the benefit of its members. This is an important opportunity for our members to participate in their Risk Management Program. Please contact our Chief Executive Officer, Gregory S. Hall, at 800 - 537 -7790 if you have any questions regarding the Board vacancy or the appointment process. Sincerely, Q anda, President Board of Directors CC: SDRMA Board of Directors • • • FACT SHEET SDRMA BOARD OF DIRECTORS ROLE AND RESPONSIBILITIES Special District Risk Management Authority (SDRMA) is a public entity Joint Powers Authority established to provide cost - effective property, liability and worker's compensation coverages, health benefit programs and comprehensive risk management services for special districts and other public agencies and providers of municipal services throughout California. SDRMA is governed by a Board of Directors elected from the membership by the programs' members. Number of Board Members 7 -Board Members: SDRMA Board of Directors consists of seven (7) Board Members, who are elected at -large from members participating in either program. Board of Directors' Role SDRMA Board of Directors provide effective governance by supporting a unified vision, and ensuring accountability, setting direction based on SORMA's mission and purpose, as well as establishing and approving policy to ensure SDRMA meets its obligations and commitment to its members. Board Member Responsibilities Board Member responsibilities include a commitment to: serve as a part of a unified governance body; govern within Board of Directors' policies, standards and ethics; commit the time and energy to be effective; represent and make policy decisions for the benefit, and in the best interest, of all SDRMA members; support collective decisions; communicate as a cohesive Board of Directors with a common vision and voice; and operate with the highest standards of integrity and trust. Term of Director 14 Month Term: The remaining balance of the unexpired term is 14 months, effective October 29, 2010 and expiring December 31, 2011. Board Member Travel Board Members are reimbursed for reasonable travel and lodging in accordance Reimbursement with SDRMA Board Policy Manual 2006 -04 and applicable laws. Number of Meetings per Year 12 -Board Meetings Annually: Generally not more than one (1) meeting per month, with an average of nine (9) meetings per year. Meeting Location SDRMA office in Sacramento, California. Meeting Dates Typically the first Wednesday or last Friday of each month (overnight stay recommended the night prior to the meeting). Meeting Starting Time 8:30 a.m.: Meetings begin promptly. Meeting Length 4 - 6 hours: Length of meetings on average. Average Time Commitment 15 - 20 hours: Commitment per month. "The mission of Special District Risk Management Authority is to provide renewable, efficiently priced risk financing and risk management services through a financially sound pool to CSDA member districts, delivered in a timely, cost efficient manner, responsive to the needs of the districts." �r eciai Gis;rua n sk f lanaoerrn:n? '•uUx„It} 1 11,11 �° Etr ai. S.,it. ".;`1G ;r{c, ,,;,,�r.;c GA 97 -a 1 To 11 P,e ;0C ti3t :;L %I 'vF1;INLS(ii! "• OiC [AGENCY NAMEI RESOLUTION NO. A RESOLUTION OF THE GOVERNING BODY OF THE [AGENCY NAMEI NOMINATING [CANDIDATE'S NAMEI AS A CANDIDATE FOR APPOINTMENT TO THE SPECIAL DISTRICT RISK MANAGEMENT AUTHORITY BOARD OF DIRECTORS WHEREAS, the Special District Risk Management Authority (SDRMA) is a Joint Powers Authority formed under California Government Code, Section 6500 et.seq., for the purpose of providing risk management and risk financing for California Special Districts and other local government agencies; and WHEREAS, the Joint Powers Agreement (JPA) and Bylaws of SDRMA set forth director qualifications, terms of office and direct the establishment of an election policy; and WHEREAS, the Board of Directors of SDRMA has established procedures and guidelines for the Director Election/Appointment process; and WHEREAS, the Board of Directors of SDRMA established a policy requiring candidates seeking election /appointment to the SDRMA Board of Directors to be: 1) a board member or full -time management employee meeting specific requirements; and 2) be an active member agency of either SDRMA's property and liability or workers' compensation programs; and 3) be nominated by resolution of their member agency's governing body. NOW, THEREFORE, BE IT RESOLVED the governing body of [AGENCY NAME] nominates [CANDIDATE'S NAME] its [POSITION TITLE], as a candidate for the Board of Directors of the Special District Rick Management Authority; and further directs that a copy of this resolution be delivered to SDRMA on or before the October 6, 2010 filing deadline. ADOPTED this [DATE] of [MONTH /YEAR] by the Governing Body of [AGENCY NAME] by the following roll call votes: AYES: NAYES: ABSTAIN: ABSENT: ATTEST 0 Secretary [LIST NAMES of GOVERNING BOARD VOTES] APPROVED President Board of Directors Policy No. 2009 -07 SDRMA A POLICY OF THE BOARD OF DIRECTORS OF SPECIAL DISTRICT RISK MANAGEMENT AUTHORITY ESTABLISHING GUIDELINES FOR DIRECTOR ELECTIONS, DIRECTOR APPOINTMENTS, AND CREATION OF A SUPERVISING ELECTION COMMITTEE WHEREAS, SPECIAL DISTRICT RISK MANAGEMENT AUTHORITY (SDRMA) is a joint powers authority, created pursuant to Section 6500, et. seq. of the California Government Code; and WHEREAS, the Board of Directors recognizes that it is in the best interest of the Authority and its members to adopt a written policy for conducting the business of the Board; and WHEREAS, establishing guidelines for the Director elections will help ensure a process that is consistent for all nominees and candidates, will promote active participation by SDRMA members in the election process, and will help ensure election of the most qualified candidate(s); and WHEREAS, the Bylaws provide the Board with the option of conducting the election using a mail -in ballot process; and WHEREAS, the Board of Directors of SDRMA has an overriding and compelling interest in insuring the accuracy of the election process of its Board members through the creation of an election committee; NOW, THEREFORE, it is the policy of the Board of Directors of SPECIAL DISTRICT RISK MANAGEMENT AUTHORITY, until such policy shall have been amended or rescinded, that the following procedures shall be followed when conducting Director elections or filling a Director vacancy: 1.0. Election Schedule 1.1. Not later than the first Board meeting of each election year, the Board of Directors shall approve an election schedule based on the following criteria and time frames. 2.0. Election Committee 2.1. The Board of Directors herein establishes an election committee with the following composition, duties and responsibilities; The five (5) members of the Election Committee shall include two presently sitting members of the Board of Directors of SDRMA whose seats are not up for election, the Chief Financial Officer of SDRMA, and the CPA/auditor regularly used and retained by SDRMA at the time of counting ballots of and for an election to the Board of Directors. For good reason found and stated, the Board of Directors of SDRMA may appoint any CPA/auditor who, in the discretion of the Board of Directors, would appropriately serve the Election Committee. The General Counsel for SDRMA shall also sit as a member of the Election Committee with the additional obligation of providing legal advice to the balance of the Committee as legal questions may arise. 3.0. Member Notification of Election 3.1. Authority staff shall provide written notification, of an election for the Board of Directors, to all member agencies during March of each election year. Such written notification shall be provided a minimum of ninety (90) days prior to the distribution of ballots and shall include; (1) the number of Director seats to be filled by election; (2) a copy of this nomination and election procedure; and (3) an outline of nomination /election deadline dates. 4.0. Qualifications 4.1. A candidate seeking election, re- election or appointment to SDRMA's Board of Directors must be a member of the Governing Body or a full -time management employee of an SDRMA member. To qualify as a 'full - time management employee," the candidate must be a full -time, management -level (as determined by the Special District Risk Management Authority Page 1 of 6 Director Election and Appointment Policy December 11, 2009 Policy No. 2009 -07 SDRMA Governing Body) employee whose wages are reported to the IRS on a "W -2" form. Only one (1) representative from any Member may serve on the Board of Directors at the same time. [Per Bylaws, Article II, (2) (b)] 4.2. Each nominated candidate must submit a properly completed and signed "Statement of Qualifications" (required form attached) on or before the filing deadline in June in order for the candidate's name to be placed on the official ballot. A candidate shall provide responses to all questions on the candidate's "Statement of Qualifications ". Each nominated candidate's "Statement of Qualifications" must be filed on or before the aforementioned deadline by (1) personal delivery to SDRMA's office; or (2) by U.S. mail received by the SDRMA office. When ballots are mailed to the membership, each candidate's "Statement of Qualifications" form will be distributed to the membership exactly as submitted by the candidate to SDRMA. However, any attachments submitted by the candidate(s) with the Statement of Qualifications will not be sent by SDRMA with the ballots to any members. 4.3. If a nominated candidate elects not to use the provided form "Statement of Qualifications," and prepares instead the candidate's own completed form, the candidate's form must include the title "Statement of Qualifications" and contain exactly all information required and requested by the provided form. NOTE: The candidate's "Statement of Qualifications" form must be submitted as a part of the nominating process. When ballots are mailed to the membership, each candidate's "Statement of Qualifications" form will be distributed "exactly as submitted" to SDRMA, except that any attachments submitted by the candidate will riot be sent to any SDRMA members. 4.4. A candidate that does not submit a Candidate's Statement of Qualifications which complies with Section 4.2 or 4.3 will be disqualified by the SDRMA Election Committee. 5.0. Nominating Procedure • 5.1. Candidates seeking election or reelection must be nominated by action of their respective Governing Body. Only one (1) candidate may be nominated per member agency and one (1) candidate shall not represent more than one (1) member agency. A resolution from the candidate's district/agency Governing Body nominating the candidate must be received by the Authority on or before the scheduled date in June. (A sample of the resolution is enclosed). Actual receipt by the Authority on or before the scheduled deadline date in June is required. The resolution nominating the candidate may be hand - delivered to the Authority or sent by U.S. mail. In the event a candidate is nominated by two (2) or more member agencies, he or she shall represent the member agency whose nominating resolution is first received by the Authority. The other member agency or agencies that nominated the candidate shall be entitled to select a replacement nominee as long as a resolution nominating the replacement is received by the Authority prior to the scheduled deadline date. 52 A member may not nominate a candidate unless that member is in "good standing" on the date the nominations are due. "Good standing" is defined as no accounts receivable more than ninety (90) days past due. 5.3. The Election Committee, as hereinabove defined and comprised, shall review all nominations received from members and will reject any nominations that do not meet all of the qualifications specified and set forth in this policy. Following the Election Committee's review of all nominations, the Election Committee shall direct that a ballot be prepared stating and listing all of the qualified nominees. The ballot of qualified nominees shall be distributed to the membership for election by mail as described below. 5.4. Upon verification or rejection of each nominee by the Election Committee, staff will mail acknowledgment to both the nominee and the district/agency of its acceptance or rejection as a qualified nominee for election. 5.5. A nominee requesting that his /her nomination, be withdrawn prior to the election, shall submit such • requests in writing to SDRMA's office a minimum of three (3) days prior to the scheduled date for mailing Special District Risk Management Authority Page 2 of 6 Director Election and Appointment Policy December 11, 2009 Policy No 2009 -07 SDRMA the ballots. After that date, all qualified nominees names shall appear on the ballot mailed to the Ol membership. 6.0. Terms of Directors 6.1. The election of directors shall be held in each odd - numbered year. The terms of the directors elected by the Members will be staggered. Four directors will serve four -year terms, to end on December 31 of one odd - numbered year. Three directors will serve four -year terms, to end on December 31 of the alternate off - numbered year. [Per Bylaws, Article II, (3), paragraph 11. 0 7.0. Cam alp gnin>? 7.1. SDRMA staff will mail each qualified candidate's "Statement of Qualifications ", "exactly as submitted" by the candidate with the ballots to the membership. 7.2. Candidates, at their own expense, may distribute additional information to member agency(s) after the ballots have been mailed and prior to the election. 7.3. SDRMA staff is prohibited from actively promoting a candidate or participating in the election process while on Authority premises. 7.4. SDRMA staff may provide member information, mailing lists, financial reports or operational data and information, that is normally available through the Public Records Act, to candidates to assist them in their research and campaigning. In addition to obtaining such information under the Public Records Act, candidates may request SDRMA staff prepare mailing labels for the distribution of campaign materials to member agencies. Under existing policy, charges will apply for this service. The SDRMA logo is trademarked for use by SDRMA only. Neither the logo, nor any other Trademark of SDRMA may be used in any campaign literature. No campaign literature is to imply support of any candidate by SDRMA. 7.5. SDRMA election mailings to the membership, including ballots and candidates' "Statement of Qualifications ", shall be sent via first class mail. 8.0. Limitations on Campaigning 8.1. As used in this section the following terms have the following meanings: "Campaign Activity" means any activity that expressly advocates the election or defeat of a candidate or provides direct support to a candidate for his or her candidacy. "Campaign activity does not include the incidental and minimal use of public resources, such as equipment or office space, for campaign purposes or the use of public resources to nominate a candidate or vote in any Board of Directors election. "Candidate" means an individual who has been nominated by the Member Agency to have his or her name listed on the ballot for election to the Board of Directors. "Expenditure" means a payment of Member Agency funds that is used for communications that expressly advocate the election or defeat of a clearly identified candidate. "Expenditure" does not include the use of public funds to nominate a candidate or vote in any Board of Directors election. "Public resources" means any property or asset owned by the Member Agency, including, but not limited to, land, buildings, facilities, funds, equipment, supplies, telephones, computers, vehicles, travel, and Member Agency- compensated time. Special district Risk Management Authority Page 3 of 6 Director Election and Appointment Policy December 11, 2009 Policy No. 2009 -07 SDRMA 8.2. An officer, official, employee, or consultant of a Member Agency may not expend or authorize the • expenditure of any of the funds of the Member Agency to support or oppose the election or defeat of a candidate for the Board of Directors. 8.3. No officer, official, employee, or consultant of a Member Agency shall use or permit others to use public resources for campaign activity. 8.4. At any time during an election campaign, if a Member Agency or its officers, officials, employees or consultants violate this section, that Member Agency shall be ineligible to nominate a candidate for the Board of Directors election in which the violation occurred. Any candidate of an offending Member Agency shall be deemed to have withdrawn his or her candidacy. Prior to declaring a Member Agency ineligible to nominate a candidate or a specific candidate's candidacy withdrawn, the Elections Committee shall hold a hearing to determine whether or not a violation of this section occurred. The hearing shall be conducted pursuant to reasonable procedures that the Elections Committee shall prescribe, provided that the affected Member Agency or candidate shall have an opportunity to dispute the violation. At the conclusion of the hearing, the Elections Committee shall determine by a majority vote whether the violation occurred. • N C. 9.1. A ballot containing nominees for the Board of Directors, accepted and approved by the Election Committee, shall be mailed by first class mail, to each SDRMA member agency, except as provided in Section 9.2 below, no less than sixty (60) days prior to the deadline for receiving ballots and the closing date for voting. Ballots shall show the date and time the ballots must be received in SDRMA's office. A self - addressed, stamped, return envelope shall be mailed with each ballot. 9.2. In the event that the number of qualified /approved nominees is equal to or less than the number of director seats up for election, the mailing of the ballots as outlined in Section 9.1 shall be waived. . 9.3. Only those qualified nominees approved by the Election Committee will be eligible candidates on the ballot. Write -in candidates shall not be accepted. 9.4. It is required that the Governing Body of each member vote on behalf of their agency (sample Resolution enclosed) and the ballot MUST be signed by the agency's Presiding Officer. 9.5. A member may not vote unless the member was a member of the Authority in "good standing" on or before the nomination due date for the pending election. "Good standing' is defined as no accounts receivable more than ninety (90) days past due. 9.6. A member may cast only one (1) vote for the sarne candidate. By way of example, if there are four (4) candidates on the ballot, a member may not cast two (2) to four (4) votes for any single candidate. Any ballot casting more than one (1) vote for the same candidate will be considered void. 9.7. A member may vote by using the official ballot provided by SDRMA, or a copy of SDRMA's original ballot, or a reasonable duplicate prepared by the member agency. Whichever of the three foregoing formats is used, the ballot must contain an original signature and confirmation that the ballot was approved at a public meeting of the agency's Governing Body. Ballots submitted without an original signature and /or without confirmation that the form of the ballot was approved at a public meeting of the agency's Governing Body will be considered void. 9.8. Ballots may be returned using either hand - delivered or mailed in ballots - faxed or e- mailed ballots will not be accepted. Mailed in ballots must be addressed to, and hand - delivered ballots must be delivered to, the Special District Risk Management Authority office presently located at 1112 1 Street, Suite 300, Sacramento, California 95814 -2865. 9.9. Any ballot received after the specified deadline will not be counted and will be considered void. • Special District Risk Management Authority Page 4 of 6 Director Election and Appointment Policy December 11, 2009 • • Policy No. 2009 -07 10.0. Election Results 10.1. All ballots will be opened and counted at SDRMA's office only after the deadline for receiving ballots. Ballots will be opened by SDRMA's Election Committee, no more than five (5) days after the closing deadline. Candidates receiving the highest number of votes shall be declared the elected director(s). 10.2. In the event of a tie, a coin toss shall be used to determine the elected director. The coin toss shall be conducted by the Election Committee at the time and place of the conclusion of counting ballots. PROCEDURE: In the event more than two (2) candidates tie, the coin toss shall be between two (2) candidates at a time based on the order in which their name appeared on the ballot This process shall be repeated, as needed, in cases where there are more than two (2) candidates. 10.3. Excluding tie votes, within five (5) days after the ballots are opened and tabulated Authority staff shall advise the candidates and their respective agency in writing of the final election results. Copies of the results shall also be mailed /distributed to SDRMA's Board of Directors, staff and consultants and published in the first available CSDA newsletter. 10.4. If a director -elect withdraws after the election or fails to accept the Director seat prior to December 31, the Board shall name a new director -elect by going back to the ballots and awarding the seat to the candidate receiving the next highest number of votes during the election. 10.5. Staff shall invite newly elected director(s) to attend the Annual Membership meeting and all scheduled Board meeting(s) after confirmation of election results until the director(s) elect assume office. Director(s) elect will be reimbursed for expenses, except for director stipends, in accordance with approved director reimbursement policy (copy of policy shall be provided to newly elected directors). 10.6. A member or candidate dissatisfied with the election result may, within ten (10) days after the ballots are opened and tabulated, file with the Authority a written challenge and appeal. The challenge and appeal must clearly set forth the complaint and any and all facts in support of the challenge and appeal. Within ten (10) days after the ballots are opened and tabulated, the challenge and appeal shall be delivered and received by the Authority. Within five (5) days of receipt of the challenge and appeal, the Authority shall deliver the same to the Election Committee for decision. The Election Committee shall have absolute authority for deciding the challenge and appeal. Notice of the decision of the Election Committee shall be provided to the party filing the challenge and appeal within ten (10) days. 11.0. Director Vacancy 11.1. If a director vacancy(s) occurs, appointment of a replacement director for the balance of the unexpired term will be made by the remaining members of the SDRMA Board. In order to accomplish this in an orderly and consistent mariner, when a vacancy(s) of an elected Director(s) occurs, the SDRMA Board of Directors, after discussion and consideration, shall, when deemed appropriate, instruct staff to: a) notify all then member entities that a vacancy has occurred; and b) said notice shall refer to the applicable Article in the By -laws in advising member entities and their eligible candidates of the steps to take to apply for appointment; and c) the SDRMA Board shall establish the closing date for the receipt of applications; and d) candidates shall submit the following, by the date specified in the notice: i) a letter of interest; and ii) a resume, with particular emphasis on the candidate's knowledge of special districts and risk management; and iii) a resolution from, or a fetter approved by, the candidate's Governing Body nominating the candidate; and e) the Election Committee shall review all applications received, and shall reject any that do not meet all of the qualifications specified and set forth in this policy; and Special District Risk Management Authority Director Election and Appointment Policy Page 5 of 6 December 11, 2009 Policv No. 2009 -07 W110-111 f) upon verification or rejection of each application by the Election Committee, staff will mail • acknowledgement to both the applicant and the districUagency of its acceptance or rejection of the applicant as a qualified candidate for appointment; and g) candidates shall be interviewed at the next regularly scheduled meeting of the SDRMA Board of Directors following the date of closure for the applications. Interviews shall be in person, or if an unforeseen emergency arises, the interview may be by telephone at the same scheduled time; and h) the SDRMA Board shall make the appointment without undue delay, but need not act at the same meeting. Revised and adopted this 11I" day December 2009, by the Board of Directors of Special District Risk Management Authority, at a regular meeting thereof. This policy resc' isting Policy No. 2007 -06 and all other policies inconsistent herewith. APPR D: ATTEST: Ke Sonksen, President J es W. Towns, ARM / Board of Directors Chief Executive Officer 1� Special District Risk Management Authority Page 6 of 6 Director Election and Appointment Policy December 11, 2009 Meeting Date Item Number_ 08/26/10 _ XIX. C IS CALL FOR CANDIDATES Independent Special Districts of Orange County MallinaAdoress INDEPENDENT SPECIAL DISTRICTS P.O. Box 20895 OF ORANGE COUNTY Fountain Valley, CA. 92728 EXECUTIVE COMMITTEE (714) 963 -3058 (714) 964 -5930 fax "W- mWdoc.comfedoc ELECTION THURSDAY, SEPTEMBER 30,.2010 Executive Committee President Non, Saundra Jacobs The membership of the Independent Special Districts of Orange Santa Margarde waterDlsMct County (ISDOC) will formally elect a new Executive Committee at 1a Vice President the next quarterly meeting on Thursday, September 30, 2010. This Non. Rich Freschi letter shall serve both as an official notice of the election and a call for Serrano WaterDlstrfct candidates. 2n0 Vice Pre,�(dent io �obZ'N The members of the new Executive Committee will serve a two -year Gobasl Water District term beginning January 1, 2011 and ending December 31, 2012. 30.1Vice.Presldent Meetings of the Executive Committee are held on the first Tuesday of Non. Shawn Dewane Mesa ConsofidaW Water Distnct each. month at 7:30 a.m. at Municipal Water District of Orange County (MWDOC) in Fountain Valley. Secretary PatriciaQullizapa McCormick, Kidman 8 Behrens A nominating committee comprised of former ISDOC presidents and one special district general manager has been formed to evaluate Treasurer Hon. Joan C. Finnegan individuals who are interested in running for the Executive Mundpai water District of Committee. A slate of candidates will then be recommended by the Orange County committee. Individuals wishing to be considered for the slate should Immedlate Past President notify Nominating Committee Chair Mary Aileen, Matheis at Non. Jan Debay Orange county water District mamatheisl@aol.com by the close of business next Wednesda y, August 25, 2010, Ex-Ofecio Members The Nominating Committee's slate of candidates will be announced Non. John Dudley El Toro Water District on Wednesday, September 1, 2010. Individuals not included on the slate may still seek election and must be nominated from the floor at the Non. Mary Aileen Mathels meeting; Irvine Ranch Water District JIvn,Reed The role of each Executive Committee position is as follows: Irvine Ranch Water District Non. Arlene Schafer President — Shall be the chief executive officer of ISDOC; preside Costa Mesa sanitary District at all ISDOC meetings; appoint all committees and committee chairs; serve as official spokesperson for ISDOC. This individual is required to be an elected official of his /her district. Staff Administration David J. Cordero al waaterDlstfidof 1st Vice President — Shall, in the absence or disability of the Orange County President, perform all the duties of the President; serve as Chair of the Program Committee. This individual is re uired to be an elected official of his /her district. continued... ISDOC Executive Committee Election - Call for Candidates August 16, 2010 2/2 2nd Vice President — Shall, in the absence or disability of the President and First Vice President, perform all the duties of the President; serve as Chair of the Membership Committee. This individual is required to be an elected official of his /her district. 3rd Vice President — Shall, in the absence or disability of the President, First Vice President, and Second Vice President, perform all the duties of the President; serve as Chair of the Legislative Committee. This individual is required to be an elected official of his /her district. Secretary - Shall maintain a written record of all meetings of the Board of Directors and the Executive Committee; be responsible for all correspondence and mailing of information to members. This individual is not required to be an elected official of his /her district. - Treasurer - shall maintain the complete financial records of ISDOC; establish and maintain bank accounts in the name of ISDOC; pay all bills duly approved by the Executive Committee in accordance with the yearly budget. This individual is not required to be an elected official of his /her district. The announcement of the slate of candidates on Wednesday, September 1, 2010, will be accompanied by a formal notice of the Quarterly Meeting and details on the election procedure. If you have questions prior to then, please feel free to contact David Cordero at 714 - 593 -5012 or dcordero@mwdoc.com. Sincerely, Saundra F. Jacobs ISDOC President 0