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Agenda Packets - Board - 2010-10-26• Costae .mesa SanitarN District ... an Independent Special District ' Robert Ooten Vice President James Ferryman Director AGENDA Arlene Schafer President Gary Monahan Secretary Arthur Perry Director Public Comments. Any member of the public may address the Board. Speakers on agenda items should identify themselves to the Clerk before the meeting so that their input can be provided at the time the item is considered. Speakers on non - agenda items will be heard under Public Comments. Pursuant to State law, the Board may not discuss or take action on non - agenda items except under special circumstances. Speakers must limit their remarks to three minutes or as decided upon by the Presiding Officer. The Presiding Officer reserves the right to declare any speaker out of order. Obtaining Agenda Materials: The public is entitled to copies of all documents that are made part of the agenda packet. If any document or other writing pertaining to an agenda item is distributed to all or a majority of the Board after the packet is prepared, a copy of that writing may be obtained at the District offices at 628 W. 19th Street, Costa Mesa, California. The Clerk of the District may be contacted at (949) 645 -8400, ext. 223. In Compliance with ADA: Contact Joan Revak, (949) 645 -8400, 48 hours prior to meeting if assistance is needed (28 CFR 35.102.35.104 ADA Title II). Regular Meeting - Tuesday, October 26, 2010 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.) RECOMMENDED ACTION 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. • (Protecting out community's health 6y providing sofid waste and sewer collection services. www. crosdca.gov Costa Mesa Sanitary District AGENDA October 26, 2010 Page 2 • RECOMMENDED ACTION VI. CONSENT CALENDAR - All matters listed under the Consent Calendar are considered to be routine .and will be enacted in one motion in the form listed below. There will be no separate discussion on these items prior to the time the Board votes on the motion, unless members of the Board request specific items to be removed from the Consent Calendar for discussion, in which event the item will be removed from the Consent Calendar and considered in its normal sequence on the agenda. • Reports A. Minute Approval 1. Sewer System Committee Meeting —September 14, 2010 2. Recycling Committee Meeting —September 20, 2010 3. Investment Oversight Committee Meeting -September 23, 2010 4. Regular Board of Directors Meeting — September 23, 2010 B. Operations Manager's Reports 1. CMSD Occurrences FY 2000 -2010 2. Refunds Accept Report No Refunds 3. Occupancy Report and payment to Costa Mesa Disposal —September 2010 Approve 4. Waste Diversion Report— September 2010 Receive & File 5. Contract Payment to CR Transfer for Recycling Services & Disposal for September 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 $108,606.42 D. Financial Reports 1. Adoption of Warrant Resolution No. CMSD 2011 -4 Ratifying Payment for the Month of September 2010 in the amount of $792,496.66 2. Directors' Compensation and Reimbursement of Expenses for the Month of September 2010 Ratify Payment Receive & File Receive & File Ratify Payment Ratify Payments Approve Compensation & Ratify Expenses • 3. Quarterly Budget Report Receive & File Protecting our community's health and the environment 6y providing solid waste and sewer collection services. www. crosdca.gov Costa Mesa Sanitayo Distyiet October 26, 2010 AGENDA Page 3 • RECOMMENDED ACTION E. Treasurer's Reports 1. Investment Report as of September 30, 2010 Approve ----------------------------- - - - - -- -END OF CONSENT CALENDAR-------------------------------------- - - - - -- VII. WRITTEN COMMUNICATIONS VIII. PUBLIC COMMENTS IX. GENERAL MANAGER'S REPORTS A. Strategic Plan Progress Report Accept Report B. Revision to Operations Code Approve 1. Ordinance No. 79, Adopting a Revised Operations Code Adopt Ordinance C. Solid Waste Study Accept Report D. First Amendment to Agreement with Technology Resource Center Approve Amendment E. Carryover CIP Funds Approve Budget • Adjustment X. RECYCLING COMMITTEE A. Monday, October 25, 2010, 12:00 p.m. Accept Report CMSD Board Room, 628 W. 19th Street, Costa Mesa (Director Ooten and President Schafer) Note: The Recycling Committee will meet on the above date and time to discuss the matters on a separate agenda which is posted and made a part of this agenda. Members of the public should refer to that separate agenda for the items discussed and to be discussed. The Board may take action on any of those items on this agenda. XI. ENGINEER'S REPORTS A. Project No. 168 — Irvine Pumping Station Relocation Accept Improvements, File Notice of Completion, Exonerate Bonds B. Project No. 187 — District Yard Accept Improvements, File Notice of Completion, Exonerate Bonds •XII. SEWER SYSTEM COMMITTEE A. Tuesday, October 19, 2010, 10: 30 a.m. Accept Report CMSD Board Room, 628 W. 19th Street, Costa Mesa (Directors Monahan, Ooten and Perry) (Protecting our community's Fieafth and the environment 6y providing sofid'waste andsewer collection services. u ww. crosdca.gov Costa Mesa Sahitaq District October 26, 2010 AGENDA Page 4 • RECOMMENDED ACTION Note: The Sewer System Committee will meet on the above date and time to discuss the matters on a separate agenda which is posted and made a part of this agenda. Members of the public should refer to that separate agenda for the items discussed and to be discussed. The Board may take action on any of those items on this agenda. XIII. TREASURER'S REPORTS XIV. ATTORNEY'S REPORTS A. Responsibility /Responsiveness and Prequalification (Great West v. IUSD) B. 2010 Annual League Conference Highlights XV. CLERK OF THE DISTRICT REPORTS • XVI. A. CMSD Resolution No. 2010 -790, Ordering that Publication of Ordinance Adopt Resolution No. 78 has been published B. 2010 School Telephone Recycling Program Accept Report C. Open House /Dedication of District Yard — October 30, 2010 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) 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 Report on Matters Pertaining to CMSD Protecting our community's health and the environment 6y providing soCulwaste andsewer coffection services. www.cnudca.gov Costa Mesa Sanitaq District AGENDA • XVII. OLD BUSINESS XVIII. NEW BUSINESS XIX. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS RECESS XX. CLOSED SESSION October 26, 2010 Page 5 RECOMMENDED ACTION Closed Session to discuss Disciplinary Matters Pursuant to Government Code Section 54957 XXI. ADJOURNMENT • • Trotecting our community's health and the environment 6y providing soCuf waste andsewer collection services. www. crosdca.gov 4` l • meeting uate rcem aumneri 10/26/10 VI. . COSTA MESA SANITARY DISTRICT . MINUTES OF SEWER SYSTEM COMMITTEE MEETING SEPTEMBER 14, 2010 CALL TO ORDER Board members of the Costa Mesa Sanitary District met in Committee session on September 14, 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, Jim Ferryman STAFF PRESENT: Scott Carroll, General Manager; Thomas Fauth, Operations Manager; Sherry Kallab, Administrative Manager; Rob Hamers, District Engineer; Yefim • Tsalyuk, Senior Engineer; Joel Ortiz/Tim Henson, Sewer Maintenance Crew; Paul Guzman, Inspector; Joe Limon, Inspector OTHERS PRESENT: MONTHLY SSO STATISTICS Mr. Fauth reported a spill occurred August 29, 2010 due to an SCE power. outage. Approximately 50 gallons of the spill were recovered and 50 gallons soaked into the ground. The spill was a reportable spill. Mr. Carroll noted this was an unplanned SCE outage and he arranged for SCE to notify himself or Mr. Fauth of unplanned future outages. CMSD is the only agency being provided with the service. Director Ooten questioned the SCADA system notification. The sewer crew noted there are some issues with SCADA notification not responding. Mr. Fauth stated the District is transitioning to a new system and he has a call into Brian Royer, TRC, to validate the transition from radio to cell since the yard equipment is in place. Mr. Fauth added part of the issue is the use of relays from station A to station B to the District Yard to the Headquarters instead of Station A to the Yard and Station A to the Headquarters. Director Ooten requested TRC notify Staff in the event SCADA communication with pump stations is out. Mr. Fauth stated both the cell and radio systems were being run parallel and he would check on the issue. Director Ferryman requested Staff check the entire SCADA alarm communications. Mr. Fauth reviewed spill history provided and noted the spill trend is moving in a positive direction. OVERSIGHT OF PRIVATE PUMPING STATIONS • Mr. Hamers reported the committee came up with three dates for meetings. Three meetings are needed due to limited parking. The dates are tentative and subject to Mr. Carroll's approval. Mr. Hamers noted the program is ideal for Tim and Joel, given their pump station experience, to COSTA MESA SANITARY DISTRICT t MINUTES OF BOARD OF DIRECTORS SEWER SYSTEM COMMITTEE MEETING SEPTEMBER 14, 2010 PAGE 2 assist private pump station owners. Mr. Guzman responded to Director Ferryman regarding Staff • communication with private pump station owners. Mr. Guzman noted most communication has been with the maintenance companies and associations and they wonder why the District is interested in establishing the program. Some maintenance companies were worried the District would take work from them. Director Ooten recommended postponing the project until higher priority projects are completed. Mr. Fauth acknowledged Staff does have a lot going on and higher priority projects at this time. The project is postponed until after January 2011. 1/1 REDUCTION PROGRAM — MINUTES OF MEETING HEALD 9/3/10 Minutes of the September 3, 2010 meeting were provided in the Committee packet. Mr. Hamers reported the accomplishments made toward 1/1 reduction last year were excellent and he believes this year the program will be more comprehensive. Mr. Hamers reported Staff did a great job reducing the inflow in the CMSD system tributary to the OCSD Dover line. The results of the CMSD 1/1 Program will be shared with the WDR at the November meeting. Director Ferryman questioned if OCSD had any meters in the District lines outside of the Dover line. The sewer crew reported a meter is located in the Mendoza line. CMSD PUMPING STATIONS Mr. Fauth reported at the June meeting the Committee discussed pump station deficiencies, problems, and maintenance The Committee established a list of activities to be addressed. The sewer crew will maintain a log to document the activities. Mr. Fauth informed the Committee the stations are checked weekly, in response to Director Perry's inquiry on the inspection frequency. • ROOT CONTROL STATUS Mr. Carroll requested Staff meet to discuss the use of a foaming program to treat root problems. Staff will review CCTV footage of problem areas and treat six of the areas with Top Hat. The areas will be reviewed again to determine the results. One area to be tested is Golf Course Drive, where roots are entering the District line from wye laterals constructed when the line was built. Joe Limon stated he believes the laterals in question are capped but roots are coming out of the lines. Mr. Guzman noted the lines were there for a housing tract but when the developer came in they knocked everything down and built their own system. The lines were covered with clay caps that broke over time. One possibility is to re -line the sewer line and seal the laterals off once confirmed they are not being used. PLUMBER'S SEMINAR FOLLOW UP — SELECT TRENCHLESS PIPELINES BROCURE Mr. Fauth provided a copy of a flyer he received at his home (in late August) from Select Trenchless Pipelines advertising the District's Sewer Lateral Assistance Program (SLAP). The free advertisement by Select was a direct result of the Plumber's seminar the District provided. WDR COMPLIANCE LIBRARY Mr. Fauth previewed the documents to be part of the WDR library. In the event there is a WDR • audit, all required documents will be in one place. There are over 25 items and they support our program. The library is not yet complete and will be located in Ms. Revak's office. Mr. Hamers reported audits have occurred in Northern California. r COSTA MESA SANITARY DISTRICT /a U4 5 gf� MINUTES OF BOARD OF DIRECTORS SEWER SYSTEM COMMITTEE MEETING SEPTEMBER 14, 2010 s, •�SPnen'�/ PAGE 3 • GREASE RECOVERY DEVICE OPTIONS - CHEMSEARCH BIOAMP —SCE & ELDEN PUMP STATIONS A packet detailing several grease recovery device options were reviewed. Mr. Hamers noted a member of the Orange County Health Care Agency attends WDR sessions and assists with testing new devices. Mr. Hamers reported the Goslyn, Trapzilla and the Big Dipper have been installed, tested and approved. They are good options for retrofitting a strip mall when a grease interceptor is impractical, but a device is needed in or nearby the new restaurant kitchen. PROPOSED SENIOR HOUSING Mr. Hamers brought to the Committee's attention a new development by Segerstrom. The current property address is 1545 Adams Ave. The new development will replace Kona Lanes, The Ice Capades and Edwards Theater. Mr. Hamers conducted a sewer study and provided a will serve letter. The project is moving its way through the City. OC WDR STEERING COMMITTEE `EMERGENCY RESPONSE COMMUNICATIONS' SEMINAR 10 -21 -10 Mr. Hamers reported the October 21, 2010 WDR Steering Committee meeting will evaluate how to communicate during a sewer emergency that is accompanied by a major emergency such as • an earthquake. Mr. Carroll decided the use of multiple communications devices is better than one or two communication devices, Mr. Carroll is working with the City to share their megahertz frequency, and be a part of the WEROC system. Mr. Fauth displayed the radios available to use the WEROC system and noted Staff has not been trained on the radios. The seminar will review the limitations and the benefits of the different options. PUMP STATION EARTHQUAKE EVALUATION Mr. Carroll noted Director Ooten's suggestion to evaluate our pump stations to see if they can withstand an earthquake. Staff is in the process of obtaining a consultant to come in. Director Ooten made the suggestion because of increasing tenor about the potential of a big earthquake. OCSD conducted a study of all their systems when Director Ooten worked there. The evaluation will determine if the stations are structurally adequate. Mr. Carroll will obtain consultant quotes. CMSD CLEANING PROGRAM YEAR 1; PREPARING BID DOCUMENTS EEC prepared a series of ten cleaning maps for the District. The maps, were handed out for review prior to the Committee meeting. The update to the maps is to identify what size of lines we are addressing in each of those maps. Mr. Hamers and Mr. Fauth will prepare bid documents to acquire a contractor for the line cleaning service. Mr. Hamers reported there is a chance we may be piggybacking off another agency's bid. TRIENNAL WDR REVIEW • Every three years there is a review of the WDR requirements and the latest one has been ongoing for a year. Once the State Water Resource Control Board has made all the changes they need to make, the review will be sent out for comments. Staff has been tracking everything and does not anticipate any big changes. The review should be available in November. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS SEWER SYSTEM COMMITTEE MEETING ;v w SEPTEMBER 14, 2010 PAGE 4 Pre - calculated formulas will be entered and when CMSD reports a spill there will be an analysis of each agency's statistics that anyone can access and compare averages etc. Staff provided sample reports to be made available. NETWORKING PIPING MONITORING SYSTEMS SCAM Staff provided a scam article that states upon receipt of your paid invoice you will receive a grease solvent detector. Mr. Hamers reported it is made to look like it will take care of statutory requirements. Director Monahan noted he has not received a copy of the article yet. ARTICLES OF INTEREST Mr. Fauth clarified an OC Register article wherein the article title is sewage spills but it is actually not the number of sewage spills; instead it is the number of ocean and bay water closure days due to sewer spills. Staff provided articles discussing flushable vs. dispersible products which included an article by Patrick McNally and Nick Arhontes of OCSD about the issue. The articles recommend only dispersals made from non -woven material should be flushed down the toilet. Mr. Carroll reported the bill sponsored by Senator Huffman backing the requirement to make manufacturers label their products died. President Schafer directed Mr. Carroll to write Senator Huffman a letter requesting him to re- introduce the bill the next session. Mr. Fauth reported on articles discussing nine Marin County Wastewater Agencies launching a • campaign to inspect and repair their pipes, similar to the District's SLAP program. Mr. Hamers explained cross - boring is another type of monitor for drilling and is more of the industry attempting to have sewer lines marked so there is less liability for damages when drilling. A schedule of WDR Meeting dates as proposed was provided to the Committee. CMSD PROJECTS: PROJECT #187— DISTRICT YARD Mr. Fauth reported good news Thursday of the last week we received certificate of occupancy, awning covers are being installed over the glass portions and the doors, the compressor is being attached to the compressor airline, and all storage items are being moved into the garage. The one major issue remaining is the fuel tank sign -off by the fire department. A fresh copy of the fuel tank plans were delivered to the City last week for review. Mr. Fauth confirmed computers and servers have been installed and are up and running. Director Ferryman requested to review the invitation list for the District Yard Grand Opening before it goes out. Mr. Carroll will direct the Board Secretary to forward the invitation list to all Board members. SSC MEETING SCHEDULE The next meeting is scheduled for Tuesday, October 19, 2010 at 10:30 a.m. • PUBLIC COMMENTS • COSTA MESA SANITARY DISTRICT /: PSANlZgQi�� a� MINUTES OF BOARD OF DIRECTORS SEWER SYSTEM COMMITTEE MEETING ,q� _u° -Y' •:a SEPTEMBER 14, 2010 PAGE 5 There were no public comments. ADJOURNMENT Director Monahan adjourned the meeting at 11:31 a.m. SECRETARY PRESIDENT • f COSTA MESA SANITARY DISTRICT MINUTES OF RECYCLING COMMITTEE MEETING September 20, 2010 Meetin Date Item Number 10/26/10 VI. A _21.1 �___ The Costa Mesa Sanitm District Recycling Committee met on September 20, 2010 at 10:30 a.m. at 628 W. 19 Street, Costa Mesa. Directors Present: Robert Ooten, Art Perry Staff Present: Scott Carroll, Tom Fauth, Joan Revak 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 10:30 a.m. ® I. Orange County Waste and Recycling Sub - Regional Meetings, Funding and Grant Program Mr. Fauth reported the District has expended .$32,839.97 from the second cycle of the 2008 -09 Grant for $142,256. The composting bins have been very well received by the community as they are being disbursed in record numbers. L II. Strategic Goals for Recycling Committee Mr. Carroll discussed the first quarter progress report for the Strategic Plan Solid Waste Elements 2.1 thru 2.5. Mr. Carroll stated the District is exploring the possibility of using lockable trash containers to prevent scavenging in some neighborhoods of Costa Mesa. This program is currently being tested in the City of Santa Ana. Mr. Fitzpatrick suggested CR &R drivers keep a record of any scavenging and graffiti activity on their route as they are the "eyes and ears" for the City of Costa Mesa. Mr. Fitzpatrick would also like the CMSD Code Enforcement Officer track the number of actions taken with regard to this issue. Protecting our community's health and the environment by providing solid waste and sewer collection services. www.crosdca.ov Costa Mesa Sanitary District •► _ Minutes of Recycling Committee Meeting r September 20, 2010 Page 2 CR &R Report on Other Agencies Recycling Programs Ms. Throop reported the South County food waste program collected and diverted 112.27 tons during the month of August. A new disposal site in Irvine called Tierra Verde Industries (TVI) was issued a temporary permit to receive 3000 tons per day including green waste for 3 -5 years. CR &R hopes to work with TVI at the conclusion of their pilot program instead of transporting the food waste to Thermal, CA. Ms. Throop stated CR &R has received many requests from additional Orange County establishments wishing to participate in this program. IV. Integrated Waste Management Department Household Hazardous Waste Collection Mr. Fauth discussed the availability of the Orange Coast College Recycling Center for Costa Mesa residents to utilize when disposing of electronic waste, batteries, or fluorescent tubes. V. Composting Bins Previously discussed under topic I. is VI. Residential FOG Recycling Program Mr. Carroll is investigating the feasibility of a residential FOG program in the City of Costa Mesa. The CMSD would supply a container and funnel free of charge_ Residents would return the filled container to a designated location such as Orange Coast College Recycling Center or the CMSD Headquarters to empty it. The startup costs for this program range from $5000 at Orange Coast College to $10,000 at the District Office. Mr. Carroll intends to submit this item to the Board of Directors in October. VII. Report on Other CMSD Recycling Programs Mr. Fauth cited the ongoing District Recycling Programs such as Christmas Card Collection, Telephone Book Recycling, and Large Item Pick Up. Mr. Fauth announced that Norma Fernandez is no longer the customer service contact at CR &R and Mr. Frank Campos is her replacement. The City of Costa Mesa contact is Ms. Jocelyn Shamber with Mr. Patrick Bauer as her alternate at meetings. Director Perry reminded Mr. Fauth that there is a five gallon battery bucket located • at Estancia High School. The school has started a recycling club on campus and is interested in receiving more information regarding the CR &R recycling program. Protecting our community's health and the environment by providing solid waste and sewer collection services. www.crosdcaAov 7 Vlll. Public Comments There were no public comments. Costa Mesa Sanitary District Minutes of Recycling Committee Meeting September 20, 2010 Page 3 Vil. Next Meeting Date — October 25, 2010 Director Ooten adjourned the meeting at 11:15 p.m. Secretary President Protecting our community's Health and the environment by providing solid waste and sewer collection services. www.crosdcaAov �J COSTA MESA SANITARY DISTRICT ivieexin uate I nem p mugr� 10/26/10 MINUTES OF INVESTMENT OVERSIGHT COMMITTEE MEETING September 23, 2010 CALL TO ORDER The meeting was called to order at 5:00 p.m. by Treasurer Marc Davis ROLL CALL Committee Members Present: President Arlene Schafer (rotating committee member) Director Art Perry (rotating committee member) Mr. Scott Carroll, General Manager Staff Members Present: Mr. Marc Davis, Treasurer Ms. Joan Revak, Office Manager /Clerk of the District NEW BUSINESS Review of Investment Report ® Mr. Davis reported that the District's portfolio was earning approximately 1.21 % as of August 31, 2010. Staff budgeted 1.25% for the year so we are already earning less than our target from a budget standpoint. LAIF, as an alternative is earning .051 %. Our investments are earning about 70 basis points above what LAIF is paying. One security was called at the end of the month of August, a 5 year home loan, purchased in May of this year. The security was only earning 1.00 %, an indicator rates are still going down. One agency called a security that was paying 0.57 %. Mr. Davis reported he has never seen that happen before. The second was a 3.00% Freddie Mac with a 5 -year maturity. Mr. Davis stated the loss of 1.00% on a $1,000,000 security is $10,000 in a year. Mr. Davis hopes to re- invest the funds at 1% or, better. Two securities have been purchased since August 31, 2010, but they have not settled yet. The orders have been placed with brokers and payments will be due later this month. The first security is a 2.00% Freddie Mac with 6 months call protection and settles September 30, 2010. The second security is at a 1.60% coupon, 4 year security with 3 months call protection. Mr.. Davis anticipates both securities will be called. Both securities are a $1,000,000 face value. Mr. Davis discussed the benchmark rates in the Investment Report. Mr. Davis reported total investments of approximately $13 million with half invested in LAIF. The investment in LAIF is at a higher level right now • because the District is cash poor until the receipts come in from the December property taxes due date. Mr. Davis does plan to lower the LAIF balance by purchasing one additional security and making a $500,000 dollar MINUTES OF INVESTMENT OVERSIGHT COMMITTEE MEETING September 23, 2010 Page 2 investment in CalTrust's medium investment pool. Director Perry requested Staff provide the percent of delinquencies given the high rate of foreclosures. Mr. Davis provided an overview of the District's banking /investment process. The District's banks with Bank of America and all payroll and accounts payable are processed through them. The District's securities are held with Bank of New York as the custodian. When the District buys a security, funds are transferred to the Bank of New York, who holds the money until the settlement date of the security purchased. The broker delivers the security to the Bank of New York. Bank of New York confirms it is the security the District purchased. Once confirmed, they release the funds to the broker to pay for the security. The District pays Bank of New York $6,000 a year to provide the third party safekeeping services. Mr. Davis plans to put the service out to bid in an attempt to secure a lower fee. Mr. Davis informed the Committee the group that holds the security needs to be separate from the banking group. The proposal will go out in the October to December time frame. The Committee gave Mr. Davis direction to prepare an RFP for third party services. Update on Annual Charge for FY 2010 -11 The District charges were due to the County on August 10, 2010. We received information back from the County and from a trash stand point revenue is up $7,900 over what was budgeted. On the sewer side revenues were $12,000 below budget. One parcel was corrected from industrial to commercial resulting in $9,200 of the $12,000 reduction in revenue. Mr. Davis explained the District is an enterprise fund so the entire amount of the annual charge is recognized as revenue in the fiscal year they are levied, even though not all the charges will be collected. PUBLIC COMMENTS There were no items discussed under public comments. ADJOURNMENT The meeting adjourned at 5:15 p.m. Approved by: Secretary, Costa Mesa Sanitary District Board of Directors President, Costa Mesa Sanitary District Board of Directors • • • f \\ I� C7 • Meeting Date Item Number 1012.6110 VI. A. 4. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING SEPTEMBER 23, 2010 CALL TO ORDER The Board of Directors of the Costa Mesa Sanitary District met in regular session on Se�tember 23, 2010 at 5:30 p.m. at 628 W. 19t Street, Costa Mesa. FLEDGE OF President Schafer led the Pledge of ALLEGIANCE Allegiance. . ONVOCATION Mr. Fauth gave the invocation. ROLL CALL DIRECTORS PRESENT: Arlene Schafer, Robert Ooten, Gary Monahan, James Ferryman, Art Perry DIRECTORS ABSENT: STAFF PRESENT: Scott Carroll, General Manager; Joan Revak, Office Manager /Clerk of the District; Robin B. Hamers, District Engineer; Alan Burns, Legal Counsel; Tom Fauth, Operations Manager; Marc Davis, Treasurer OTHERS PRESENT Jim Fitzpatrick 449 Broadway Costa Mesa, CA 92627 -2318 COSTA MESA SANITARY DISTRICT PAGE 2 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 23, 2010 ANNOUNCEMENT OF LATE COMMUNICATIONS Ms. Revak reported there were no late communications. CONSENT CALENDAR Ms. Revak announced an addition to the Minutes of the Regular Board Meeting held August 26, 2010 on page 13, OLD BUSINESS to read as follows: "The regular December 2010 meeting of the Board of Directors will be held on Monday, December 20, 2010 at 5:30 p.m. at CMSD Headquarters." Director Ooten moved to approve the Consent Calendar with the addition of "Old Business" as stated by Ms. Revak. Director Perry seconded the motion. Motion passed 5 -0. REPORTS MINUTE APPROVAL Minutes of Sewer System Committee Meeting — August 17, 2010 Minutes of Regular Board Meeting — August 26, 2010 Refunds Occupancy Report and Payment of $196,987.58 to Costa Mesa Disposal — August 2010 Monthly Spill Report to State Water Resources Control Board &, • The Minutes of the Sewer System Committee Meeting of August 17, 2010 were approved as distributed. • The Minutes of the Regular Board Meeting of August 26, 2010 were approved with the revision as noted by Ms. Revak. There were no refund requests for the month of August 2010. The Trash Occupancy Count documented an 8 unit increase for the occupancy report for solid waste collection as of September 1, 2010. Therefore, the total for August is 21,516 and the payment of $196,987.58 was ratified. The Monthly Spill Report to the State Water Resources Control Board (SWRCB) for September 2010 was accepted as submitted. • I E COSTA MESA SANITARY DISTRICT PAGE 3 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 23, 2010 • U Waste Diversion Report for August 2010 Contract Payment of $169,956.77 to CR Transfer — August 2010 The Waste Diversion Report dated August 2010 was accepted as submitted. The contract payment of $169,956.77 to CR Transfer for recycling services and disposal for the month of August 2010 was ratified as submitted. Contract Payment of $8,830.40 The contract payment of $8,830.40 to CR to CR Transfer — Santa Ana Transfer for recycling services and disposal Heights /Newport Beach — August 2010 for Santa Ana Heights /Newport Beach for the month of August 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 $27,820.85 TREASURER'S REPORTS Financial Report as of August 31, 2010 Treasurer's Report as of August 31, 2010 Warrant Register for the month of August 2010 in the amount of $602,008.54 The Ordinance Enforcement Officer's Report dated September 16, 2010 was accepted as submitted. The Project Status Report dated August 2010 was accepted as submitted. The Howard S. Wright Invoice for work performed through August 31, 2010 in the amount of $27,820.85 was ratified as submitted. The Financial Report as of August 31, 2010 was accepted as submitted. The Treasurer's Report as of August 31, 2010 was accepted as submitted. Warrant Resolution ##CMSD 2011 -3 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 $602,008.54. COSTA MESA SANITARY DISTRICT PAGE 4 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 23, 2010 Directors Compensation & Reimbursement of Expenses for the month of August 2010. WRITTEN COMMUNICATIONS Director Compensation and Expense Reimbursements for the month of August 2010 were approved and ratified as follows: President Schafer: $1,326.00 + $515.74 Vice President Ooten: $1,326.00 Director Monahan: $442 Director Ferryman: $1,326.00 + $560.65 Director Perry: $1,326.00 + $454.26 END OF CONSENT CALENDAR Ms. Revak reported on one written communication from Diane Groh of the OCOG Club expressing the gratitude for the compost bins provided by the CMSD and for the personal time of Mr. Tom Fauth. PUBLIC COMMENTS President Schafer requested any public comments. Mr. Fitzpatrick requested to address items B. 4 and 6 on the Consent Calendar Mr. Fitzpatrick questioned the value of the recycling services provided by CR &R Mr. Hamers responded the District does not receive the value of the recyclables collected by CR &R. The CR &R /District agreement states the District pays a constant rate to CR &R for services and CR &R owns the recyclables and receives the fair market value. The District has never had a contract with CR &R or CR Transfer where the District receives a credit or the value of the recyclables. When originally negotiating the agreement with CR Transfer, a CR &R subsidiary, the CMSD Board of Directors chose to pay a slightly higher constant rate for budgeting purposes rather than having a fluctuating revenue stream that might cause the rates to constantly change. On item B. 6. Mr. Fitzpatrick stated he thinks it is great the Code Enforcement Officer's report has information on scavenging, he suggests a measurement element of how many calls come in. Mr. Fitzpatrick suggested the Board /Staff sit down with CR &R and discuss scavenging and graffiti and how they can track and identify what areas of the city this is occurring. Mr. Fitzpatrick stated a constant theme of his will be to pull up the contract with CR &R for review. .7 • • • COSTA MESA SANITARY DISTRICT PAGE 5 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 23, 2010 GENERAL MANAGER'S REPORTS BUDGET APPROPRIATION ENGINEERING PHASE PROJECT #189 OCSD 6 LINES Mr. Carroll reported a budget appropriation in the amount of $27,065 is needed to complete the design phase of Project #189 OCSD 6 Lines. Mr. Carroll stated Staff will provide a report for the construction phase of the project when designs are complete and costs are finalized. In October 2009 the Board approved a proposal in the amount of $66,865 from RBH. Inc. for engineering design service to mitigate deficiencies in the six OCSD sewer lines transferred to the District. The approval was followed up with a budget appropriation in the amount of $48,700 for estimated work to be completed in the 2009 -10 fiscal year knowing this project will be carried forward in FY2010 -11. Mr. Carroll stated a budget appropriation in the amount of $18,165 is needed to complete the design phase of this project. An additional appropriation of $2,900 for soils engineering and $6,000 for traffic control is also needed, bringing the total appropriation to $27,065. Director Ferryman moved to approve the budget appropriation for the Engineering Phase of Project #189 for the six OCSD Sewer Lines. Director • Perry seconded the motion. Motion carried 4 -0. ANNEXATION OF FOUR ISLANDS WITHIN THE CMSD SERVICE AREA Mr. Carroll reported on the September 15, 2010 Orange County LAFCO meeting he attended to request a waiver of the annexation fee for the property at 789 Paularino Avenue. The Commission tentatively approved Staff's request on the condition the District agree to annex all four islands within the District service area; and, remit the annexation fee to LAFCO and once all four islands are officially annexed LAFCO will return the fee to the District. Director Ferryman moved to approve annexation of the last four islands within the District service and approve appropriating $3,200 for OC LAFCO annexation fees. Director Ooten seconded the motion. Motion carried 4 -0. RECYCLING COMMITTEE Director Ooten presented a report on the September 20, 2010 Recycling Committee meeting. Director Ooten stated the District has expended $32,839.97 from the Second cycle of the 2009 -09 Grant for $142,256 and the composting bins have been very well received by the community. The first quarter progress report for the Strategic Plan Solid Waste Elements 2.1 • through 2.5 was discussed. COSTA MESA SANITARY DISTRICT PAGE 6 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 23, 2010 Director Ooten reported Ms. Throop of CR &R Inc. reported the South Count Y • food waste program collected and diverted 112.27 tons during the month of August. A new disposal site in Irvine called Tierra Verde Industries (TVI) was issued a temporary permit to receive 3000 tons per day including green waste for 3 -5 years and CR &R hopes to work with TVI at the conclusion of the pilot program instead of trucking the food waste to Thermal. Director Ooten reported the feasibility of a residential FOG program in the City of Costa Mesa is being investigated. Ms. Revak noted Ms. Norma Fernandez is no longer assigned to the CMSD and has been replaced by Mr. Frank Campos. President Schafer mentioned it has been brought to her attention that many containers are very dirty and questioned if the containers could be replaced by CR &R. Mr. Fauth indicated Staff would look into the matter with CR &R. Director Monahan arrived at 6:00 p.m. ENGINEER'S REPORTS PROJECT NO. 168 - IRVINE PUMPING STATION RELOCATION Mr. Hamers requested the item be continued to the October 28, 2010 meeting. • Director Monahan moved to continue Project No. 168 — Irvine Pumping Station Relocation to the October 28, 2010 meeting. Director Ooten seconded the motion. Motion carried 5 -0. PROJECT NO. 183 -2 - BRISTOL STREET NORTH OF RANDOLPH BID OPENING Mr. Hamers reported on the bid opening of Project #183 -2 Bristol Street Sewer North of Randolph and the lowest responsive bidder is Nikola Corporation with a bid of $63,909. Director Perry moved to accept and file the report. Director Monahan seconded the motion. Motion carried 5 -0. SEWER SYSTEM COMMITTEE The Sewer System Committee met on Tuesday, September 14, 2010 and Director Monahan provided the report on the meeting. Director Monahan reported on spill statistics and the Edison Company was requested to notify the CMSD when there are outages. On the oversight of private pumping stations, Director Monahan reported it was decided to delay until spring of 2011. Director Monahan confirmed with Ms. Revak that she has a complete WDR Compliance Library in her office as required. Staff will be evaluating pump stations earthquake preparedness. A report on CMSD projects was provided at the Committee meeting. It was noted the certificate of occupancy was issued for the District Yard. The Grand Opening and Dedication Ceremony is planned for Saturday, October 30, 2010 from 11:00 a.m. to 1:00 p.m. It COSTA MESA SANITARY DISTRICT PAGE 7 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 23, 2010 • TREASURER'S REPORTS Mr. Davis reported on the quarterly Investment Oversight Committee meeting held prior to the regular Board of Directors meeting. There were two items on the agenda — the investment report status as of August 31, 2010, and the annual sewer and trash charges. Mr. Davis also reported on the safekeeping process with the custodian and discussion was held on putting the safekeeping services out to bid. ATTORNEY'S REPORTS Mr. Burns stated he had no items to report on at this meeting. CLERK OF THE DISTRICT REPORTS JOINT MEETING WITH MIDWAY CITY SANITARY DISTRICT President Schafer pulled the item. LOCAL MEETINGS • ORANGE COUNTY SANITATION DISTRICT (OCSD) Director Ferryman provided a report on the OCSD meeting held September 22, 2010. The most significant issue was an agreement with one of OCSD's bargaining units with changes to the retirement and wage increases for OCSD's employees. SANTA ANA RIVER FLOOD PROTECTION AGENCY (SARFPA) Director Ferryman reported on the SARFPA meeting held at 4:00 p.m. on this date. Reports were provided on the SARI line and the timeline. INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY (ISDOC) President Schafer attended a Board meeting on September 7, 2010 and was nominated for the position of 2nd Vice President; Richard Freschi, was nominated for President; 1St Vice President nominee is John Withers and 3rd Vice President nominee is Bob Moore from South Coast Water District. Nominations from the floor will be taken at the September 30, 2010 meeting. • COSTA MESA SANITARY DISTRICT PAGE 8 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 23, 2010 Quarterly Meeting on September 30, 2010 Ms. Revak requested names of Directors and Staff who plan to attend the ISDOC Quarterly Meeting and Luncheon on September 30, 2010. President Schafer, Directors Ooten, Director Ferryman and General Manager Scott Carroll plan to attend. Director Ferryman motioned to give President Schafer authority to vote on behalf of the Costa Mesa Sanitary District Board of Directors at the ISDOC election. Director Monahan seconded the motion. Motion carried 5 -0. LOCAL AGENCY FORMATION COMMITTEE ( LAFCO) President Schafer reported on the LAFCO meeting of September 15, 2010. The CMSD was on the agenda requesting a waiver of fees for an annexation of four properties in Costa Mesa. LAFCO agreed to return the annexation fees paid by the CMSD after completion of the annexation. CHAMBER OF COMMERCE President Schafer reported on the September 1, 2010 meeting of the Chamber of Commerce where legislative reports were discussed. CALIFORNIA SPECIAL DISTRICTS ASSOCIATION (CSDA) President Schafer reported on the CSDA Annual Conference held September 20- 23, 2010 at the Newport Beach Marriott. President Schafer was the Chair for the conference with 500 attendees. A tour of the Orange County Sanitation District Groundwater Replenishment System was offered and a golfing event was held at the Costa Mesa Golf Course. The Mayor of Newport Beach gave the welcoming speech. John Moorlach spoke at the event as well. Directors and Staff agreed the breakout sessions were excellent. Director Ferryman reported on one of the breakout sessions he attended at the conference on using the social media as an outreach tool in districts and provided a brochure on the "do's and don'ts" of utilizing Facebook and Twitter as a District. The 2010 Annual Conference will be held in Monterey. WACO • President Schafer attended the WACO meeting on September 10, 2010 and was brought up to date on the water supply and other information. Speaker Deven Upadhyay gave an update on the Metropolitan Water District 2010 Integrated Resources Plan. • COSTA MESA SANITARY DISTRICT PAGE 9 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD SEPTEMBER 23, 2010 CALIFORNIA ASSOCIATION OF SANITATION AGENCIES (CASA) President Schafer, Directors Ooten, Ferryman and Perry and General Manager Scott Carroll attended the CASA Annual Conference in Monterey. The CMSD received Honorable Mention for its submittal of the Telephone Book Recycling Program for Schools. OLD BUSINESS There was no old business to discuss. NEW BUSINESS LAFCO INVOICE IN THE AMOUNT OF $18,880.76 Director Monahan moved to ratify payment to LAFCO in the amount of $18,880.76. Director Ooten seconded the motion. Motion carried 5 -0. ADJOURNMENT • President Schafer adjourned the meeting at 7:03 p.m. Secretary U President Meetina_Qate Item Number 10/26/10 A. B. z � file) -7, ne -1 _ VON 1. ... an .Independent Special District Via: From: Date: Subject: Summary Board of Directors Scott Carroll, General Manager Thomas A. Fauth, Operations Manager October 26, 2010 Operations Manager's Report This report summarizes major points for six operations topics covering Sanitary Sewer Overflows, Refunds, Occupancy, Waste Diversion, CR Transfer Contract Payment, CMSD Ordinance Enforcement Officer's Report, Composting Presentation at the OC Fairgrounds Silo Building and Operations Adjustments Due to Personnel Changes. 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, 6, 7 and 8. Analysis 1. Monthly Public SSO Report to State Water Resources Control Board: There were no Sanitary Sewer Overflows (SSOs) in the District during this reporting period. The total number of Public SSOs for CY 2009 remained at 4 and there are 4 Public SSOs in CY 2010. A summary of the last three calendar years documents there were 7 Public SSOs in CY 2008, 4 Public SSOs in CY 2009 and 4 SSOs in 2010, continuing the downward trend. Reviewed at the 10 -19 -10 Sewer System Committee. ® Protecting ur community's health and the environment 6 providing solid waste and sewer collection �g fy y p ng serveees. www.crosdcaBov Board of Directors October 26, 2010 Page 2 of 4 2. Refunds: No Refunds for September 2010. Reviewed at the 10 -25 -10 is Recycling Committee Meeting. 3. Occupancy Report and payment to Costa Mesa Disposal — September 2010: Trash Occupancy Count totals 21,516 for September 2010, reflecting no increase from August 2010. The rate of $9.1554 per unit results in a payment of $196,987.58 to be ratified on the November 2010 warrant list. Reviewed at the 10 -25 -10 Recycling Committee Meeting. 4. Waste Diversion Report — August 2010: Of 3,344.93 Total Tonnage CR &R collected from the City of Costa Mesa, part of Newport Beach and unincorporated areas of Orange County within the District, 1,687.31 tons (50.44 %) were diverted (recycled) and 1,657.62 tons were landfilled. Note the diversion rate remained nearly consistent throughout the calendar year. Reviewed at the 10 -25 -10 Recycling Committee Meeting. 5. Contract Payment to CR Transfer for Recycling Services & Disposal for July 2010: Payment of $52.22/Ton for 3,344.93 Total Tonnage collected from the District results in a Total Payment of $174,672.24 for September 2010. The total tonnage of refuse collected in September 2010 represents a decrease of 78.80 tons from the 3,423.73 tons collected in August 2010. Reviewed at the 10 -25 -10 Recycling Committee Meeting. 6. Ordinance Enforcement Officer's Report: Isidro Gallardo continued targeting • and enforcing appropriate ordinances and regulations, including proper trash container storage, in areas needing more attention than others in the District. 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 1113 1St Courtesy Notices and 312 2"d Courtesy Notices with 0 Courtesy Letters and 0 citations. (The District OEO Notices alone are 789 and 148 respectively.) The OEO followed the CMSD Operations Manager developed "Administrative Guidelines" for a CMSD Enforcement Official to encourage voluntary compliance with the District Operations Codes through a three -step process prior to issuing a citation. The OEO targeted the area East of Placentia Ave and South of Victoria to capture Federal Ave, Continental Ave, Oak St and surrounding streets in addition to focusing on streets north of Monet Vista Ave. In part, the OEO increased surveillance in these areas to deter scavenging, but noted a large percentage of the scavenging is performed very early in the morning. This continues to suggest a better approach includes advertising to residents to place their trash containers out the same morning of collection rather than • the night before to help decrease the scavenging. Reviewed at the 10 -25 -10 Recycling Committee Meeting. Board of Directors October 26, 2010 Page 3of4 7. Davis Magnet School Composting Presentation: Dr Francene Kaplan presented a Composting Workshop to 40 residents at the Davis Magnet School on 10 -12 -10 at 3:30 p.m. in support of the $143,256 OC Waste & Recycling Composting Grant. Reviewed at the 10 -25 -10 Recycling Committee Meeting. The District Agreement with Dr Kaplan was completed with a maximum one year cost of $10,000, assuming 50 presentations at a rate of $200.00 per presentation, fully grant funded. The grant reimburses the District for all District provided promotional and handouts. Two photographs from the event are attached for your review. 8. Operations Adjustments Due to Personnel Changes: The General Manager continued working with the Operations Manager and Personnel Manager to hire a Lead Maintenance Worker to assist with the duties the Maintenance Supervisor vacated upon his resignation on 9- 14 -10. The Personnel Manager chaired the first round of interviews for the Lead Maintenance Worker position on 10- 18 -10. The Operations Manager assumed responsibility for all day -to -day operations, CMSD Yard finalization, vehicle maintenance through the City of Costa Mesa, acquisitions, First - Responder . duties for SSOs and direct field crew supervision. The District Engineer assumed full responsibility for the Sewer Lateral Assistance Program CCTV reviews, evaluations and customer feedback in addition to scheduling newly found and necessary repairs to the CMSD sewer system. Field Crewmen ® accepted greater responsibility in maintaining the pump stations and main sewer lines through Operations Manager's Work Assignment Forms. The General Manager and Personnel Manager completed Agreements for vehicle maintenance, small sewer repairs and consulting services. Strategic Plan Element & Goal Not applicable. Legal Review None. Financial Review The cost to Costa Mesa Disposal for collecting refuse within District boundaries is $196,987.58. Funds for this expenditure and encumbrance are within the Approved FY 2010/11 Budget. The' cost to CR Transfer for recycling services is $174,672.24. Funds for this expenditure and encumbrance are within the Approved FY 2010/11 Budget. • Committee Recommendation Analysis Items 2, 3, 4, 5, 6 and 7 are ongoing solid waste operations topics and were reviewed at the Recycling Committee Meeting on October 25, 2010. Any comments Board of Directors October 26, 2010 Page 4 of 4 and /or recommendations from the committee will be brought forward to the Board for is discussion at tonight's meeting. Public Notice Process Copies of this report are on file with the entire agenda packet at District Headquarters. Alternative Actions Refer the matter back to Staff for more information. Financial Reviewed by: Sherry Ka ab Administrative Manager • • �SASANIIgP 01 y� can VOS2/ � MESA SAN,JZY TA V. y f A c�'4pORAfE DisTRicT F- L-1 ... an Independent Special District Memorandum To: Board of Directors From: Thomas A. Fauth Date: October 1, 2010 Subject: REFUND REQUEST FOR BOARD APPROVAL There are no refund requests for the month of September, 2010. d4 aculk- . Thomas A. Fauth Operations Manager Protecting our community's health by providing sold waste and sewer collection services costamesasanitarydutrict org ' �S�,SAFttTq�` p 000 co °os 't'Hr !�' �! R' !1 !Y is ar N iAst .. an Inbepenbent 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 rk of the District Alan R. Burns Legal Counsel October 1, 2010 Board of Directors Costa Mesa Sanitary District 628 W. 19�h Street Costa Mesa, CA 92627 -2716 SUBJECT: TRASH OCCUPANCY COUNT Dear Board of Directors: There has been no increase in units for the occupancy report for solid waste collection as of October 1, 2010; therefore, the total occupancy count for October 1, 2010 is 21,516. Staff recommends the following: 1. The Board of Directors accepts the occupancy count as presented using 21,516 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 October collection based on this occupancy report so long as the Treasurer contractor fulfills the obligations of the agreement. Said payment in the amount of $196,987.58 to be ratified on the November, 2010 warrant list. Sincerely, Phone (949) 645 -8400 Fax (949) 650 -2253 Thomas A. Fauth Address Operations Manager 628 W. 19th Street Costa Mesa, CA 92627 -2716 cc: Costa Mesa Disposal • ®* �® 0 Printed on Pmtedino our cOmmLO1TVs f eaftlj Li31A. tfx environment by pruui mo sofidwaste mdsenw colx6on wm*eL Recycled Paper www.crosDca.gov CR Tr • To: From: Jurisdiction: MonthNear: C, 'ansfer Joan Revak CR Transfer Inc. Costa Mesa Sanitary District (9) Sep -10 Recycling Report ** Note: This material includes food / small particulate Rec cle Tons Commodity Percentage Recycled County & TOTAL Newspaper 7.88% 244.76 Cardboard 6.42% 199.32 Mixed Paper 5.13% 159.24 Glass 2.80% 86.96 PET 0.59% 18.25 HDPE 0.45% 13.96 Aluminum Cans 0.33% 10.38 Non - Ferrous Metal 0.44% 13.60 Tin /Metal 0.65% 20.04 Greenwaste 9.78% 303.81 Organic/ Fines 12.67% 393.62 Wood 1.41% 43.66 Concrete/Asphalt 1.88% 58.33 Drywall 0.00% 0.00 Totals 50.41% 1565.91 ** Note: This material includes food / small particulate and inert material. County & TOTAL Newport Bch. Total Tonnage 3106.05 238.88 3,344.93 Recycled Tonnage 1565.91 121.40 1,687.31 Landfill Tonnage 1540.14 117.48 1,657.62 ev�vcu�� asaae II�lI1IV6l7T1D„�f _ CR Transfer To: Joan Revak From: CR Transfer Inc. Jurisdiction: Costa Mesa Sanitary District Santa Ana Heights (11) MonthNear: Sep -10 Recycling Report *' Note: This material includes food / small particulate and inert material. Total Tonnage 238.88 Recycled Tonnage 121.40 Landfill Tonnage 117.48 • C • Rec cle Tons Commodity Percentage Recycled Newspaper 10.19% 24.33 Cardboard 6.65% 15.9 Mixed Paper 7.63% 18.23 Glass 3.30% 7.87 PET 0.78% 1.86 HDPE 0.44% 1.06 Aluminum Cans 0.51% 1.21 Non - Ferrous Metal 0.27% 0.65 Tin /Metal 0.96% 2.3 Greenwaste 1.30% 3.1 Organic / Fines 11.67% 27.87 Wood 5.17% 12.36 Concrete/Asphalt 1.95% 4.66 Drywall 0.00% 0 Totals 50.81% 121.40 *' Note: This material includes food / small particulate and inert material. Total Tonnage 238.88 Recycled Tonnage 121.40 Landfill Tonnage 117.48 • C • r fl u` tip• �9E��d 9 %Md@@ M@M ABU M M@A @dffi&W@ MGM City 3,002.68 2,847.42 3,419.43 3,325.48 3,026.43 3,546.84 3,405.18 3,254.63 3,106.05 County 179.37 178.37 205.54 158.48 189.95 232.40 208.25 169.10 238.88 G lir E p e 9 OA� % 9 %Md@@ 9A9 9 Aftg@ 9d 9.PAM 9MdV City 1,513.79 1,435.51 1,723.89 1,676.53 1,525.78 1,786.80 1,716.71 1,640.81 1,565.91 County 91.18 90.64 104.44 80.52 96.53 118.08 105.83 85.93 121.40 . i -- 7 9,�In .�'• 9 9�° .0.'�� 9�fifl�fl9 b 9J3T79� 90 ° o � ° 9 9d�i1d33 � � 9E�17 City 1,488.89 1,411.91 1,695.54 1,648.95 1,500.65 1,757.42 1,688.47 1,613.82 1,540.14 County 88.19 87.73 101.10 77.96 93.42 114.32 102.42 83.17 117.48 . aM',b 9AW16 Meaft @&A% 'A composite recycling percentage for City & County based on new characterization studies completed by CRT. Waste Diversion 2010 /jr 10/12/10 0 City 3,405.18 3,254.63 3,106.05 County 208.25 169.10 238.88 TxM law 9APffi o 0 0 0 0 0 0 0 WSJ City 1,688.47 1,613.82 1.540.14 County 102.42 83.17 117.48 M100% MOM Mm% •A composite recycling percentage for City & County based on new characterization studies completed by CRT. Waste Diversion FY- 09l10jr 10/22/10 City 1,716.71 1,640.81 1,565.91 County 105.83 85.93 121.40 TxM law 9APffi o 0 0 0 0 0 0 0 WSJ City 1,688.47 1,613.82 1.540.14 County 102.42 83.17 117.48 M100% MOM Mm% •A composite recycling percentage for City & County based on new characterization studies completed by CRT. Waste Diversion FY- 09l10jr 10/22/10 RECLiV D ro�eeun vale illem,numper 1 tl /2!6/1 d VI. 1B 5. 1 O I 9300164763 OCT 0 6 20% �^ ° I^II" CARD, PLEASE FILL COQTA MESA SANITARY D[STR1 IN INFORMATION ON BACK t?1Fi �i1LUR un OF REMITTANCE . • INVOICE #: INVOICE DATE: 16476 10 /01 /10 BILL TO: COSTA MESA SANI DIST AREA 9 COSTA MESA SAKI DIST AREA 9 P.O. BOX 1200 628 W 19TH ST COSTA MESA CA 92627 COSTA MESA CA 92627 CUSTOMER #: 09— S 2 PREVIOUS AMOUNT DUE PAYMENTS CURRENT CHARGES TOTAL DUE ✓' 169,956.77 169,956_77 162,197.93 162,197.93 Please detach here and return with your payment CHECK # 6 ©INC-- ®----- - --- -. ®— ® ® ®------ ®— ® ® ® ® — ® -- ® -- CR TRANSFER, ®� 9/01/10 RESIDENTIAL WASTE 13 129.8 52.220 6,780.77 9/02/10 RESIDENTIAL WASTE 14 151.21#o 52.220 7,896.19 9/03/10 RESIDENTIAL WASTE 14 134.2E. 52.220 7,010.54 9/07/10 RESIDENTIAL WASTE 15 179.3E- 52.220 9,366.18 9/08/10 RESIDENTIAL WASTE 15 169.6;- 52.220 8,857.56 9/09/10 RESIDENTIAL WASTE I 13 146.3E-, 52.220 7,643.96 9/10/10 RESIDENTIAL WASTE 15 167.0 - 52.220 8,722.31 9/11/10 RESIDENTIAL WASTE 14 153.0 52.2-20 7,992.79 -13/10 RESIDENTIAL WASTE 16 149.7E- 52:220 7,819.95 14/10 RESIDENTIAL WASTE 14 129.1 52.220 6,742.12 9/15/10 RESIDENTIAL WASTE 13 112. 01 52.220 5,851.25 9116110 RESIDENTIAWAS.TE. L.IDENTIAL 14 133.5(.-' 52.220 6,971.37 9/17/10 RES WASTE 14 115.4 e 52.220 6,030.37 9/20/10 RESIDENTIAL WASTE 16 160.5E-' 52.220 8,383.92 9/21/10 RESIDENTIAL WASTE 14 139.0(-- 52.220 7,261.71 9/22/10 RESIDENTIAL WASTE 13 123.4(-, 52.220 6,443.95 9/23/10 RESIDENTIAL WASTE 14 142.9 ,, 52.220 7,463.80 9/24/10 RESIDENTIAL WASTE 14 127.84,' 52.220 6,675.80 9/27/10 RESIDENTIAL WASTE 16 159.7E< 52.220 8,343.71 9/28/10 RESIDENTIAL WASTE 14 131.4-, 52.220 6,863.27 9/29/10 RESIDENTIAL WASTE 13 .117.0 ,- 52.220 6,109.74 9/30/10 RESIDENTIAL WASTE, 13 133.41" 52.220 6,966.67 IF YOU HAVE ANY QUESTIONS REGARDING ANY PART OF THIS INVOICE, PLEASE CALL: 'REVIOUS AMOUNT DUE PAYMENTS CURRENT CHARGES TOTAL DUE 956.77 169 95 1 162,197.93 162 197.93 CUSTOMER #: 09— 9 2 INVOICE # 16476 P.O. BOX 1200 OVERDUE AMOUNTS SUBJECT TO FINANCE CHARGE 162, 197. 93`� (714) 826 -9049 INVOICE TOTAL 162197.93 Printed on Recycled Paper D 3100164777 BILL TO: COSTA MESA SANI DIST —SA HGT 628 W 19TH ST COSTA MESA CA 92627 CUSTOMER #: 09— 8 'REVIOUS AMOUNT DUE PAYMENTS CURRENT CHARGES TOTAL DUE 8,830.40 8,830.40 12,474.31 12,474.31 Please detach here and return with your payment CHECK # ® R, INC. ---- -_ —.�. --------- _,--------------- .s,-- -- ---- -- CR TRANSFE 9/01/10 r. v. CSVh I L5 E CU V E D STANTON, CA 90680 -0125 ✓ 52.220 TERMS: NET 10 DAYS OCT 0 6 201 RESIDENTIAL WASTE 1 40, TO PAY BY CREDIT CARD, COSTA MESA SANITARY DISTRICT PLEASE FILL iN INFORMATION ON BACK 9/09/10 OF REMITTANCE INVOICE #: INVOICE DATE: 16477 10 /01 /10 COSTA MESA SANI DIST —SA HGT P.O. BOX 1200 COSTA MESA CA 92627 CUSTOMER #: 09— 8 'REVIOUS AMOUNT DUE PAYMENTS CURRENT CHARGES TOTAL DUE 8,830.40 8,830.40 12,474.31 12,474.31 Please detach here and return with your payment CHECK # ® R, INC. ---- -_ —.�. --------- _,--------------- .s,-- -- ---- -- CR TRANSFE 9/01/10 RESIDENTIAL WASTE 4 42.1 ✓ 52.220 2,199.51 9/08/10 RESIDENTIAL WASTE 1 12.0 -' 52.220 629.25 9/09/10 RESIDENTIAL WASTE 4 46.9C.,* 52.220 2,449.12 9/14/10 RESIDENTIAL WASTE 1 5.0 ®% 52.220 264.23 9/15/10 RESIDENTIAL WASTE 4 38.1.- 52.220 1,991.15 9/21/10 RESIDENTIAL WASTE 1 7.5 10.0 52.220 392.17 9/22/10 RESIDENTIAL WASTE 4 41.5 voe 52.220 2,167.13 9/28/10 RESIDENTIAL WASTE 1 6.7 ✓ 52.220 353.53 9/29/10 RESIDENTIAL WASTE ( 4 38.8 ✓ 52.2201 2,028. A TOTALS 24 1 238.84 IF YOU HAVE ANY QUESTIONS REGARDING ANY PART OF THIS INVOICE, PLEASE CALL REVIOUS AMOUNT DUE PAYMENTS CURRENT CHARGES TOTAL DUE 8,830.40 8,830.40 12,474.31 12 474.31 CUSTOMER #: 09— 11 8 INVOICE # 16477 P.O. BOX 1200 OVERDUE AMOUNTS SUBJECT TO FINANCE CHARGE 12,474.31 (714) 826 -9049 INVOICE TOTAL 12474.' Rimed = Recycled Paper COSTA. MESA SANiTART DisqRicT ... an Independent Special District Memorandum To: Board of Directors Staff From: Isidro Gallardo, Ordinance Enforcement Officer 19 !'�¢,444=O Date: October 26, 2010, Subject: Ordinance Enforcement Officer Monthly Report, September 2010 DISCUSSION: During September 2010, the District Ordinance Enforcement Officer (OEO) continued targeting and enforcing appropriate ordinances and regulations in areas needing more attention than others in the City of Costa Mesa. For example, the area East of Placentia Ave and South of Victoria Street, streets include Federal Ave, Continental Ave, Oak St, and surrounding streets. Streets north of Monte Vista Avenue also have been an area of focus. In addition to enforcing appropriate ordinances and regulations, the District OEO continues to conduct field inspections of CR &R trucks /trash routes to ensure the District and City of Costa Mesa residents receive optimal service. A summary of the courtesy notice process for the District OEO is provided in the following chart and demonstrates the effectiveness of a "1St Notice ": September 1 -309 2010 1 St Notice 2 nd Notice Courtesy Letter South of Wilson St. 33 5 0 Wilson St. to Adams Ave. 19 _ 3 0 Adams Ave. to Sunflower Ave. 23 9 0 RECOMMENDATION: The CMSD Board of Directors accepts this September 2010 OEO Report. Protecting ur community's heath 6 providing solid waste and sewer cod ng ty y p ng lectcon services. crosdcagov • • x ® l 1% ® COSTA MESPONITARY DISTRICT CAPITAL IMPROVEMENT PROGRAM 2010 -2011 PROJECT: ' #101 West Side Pumping Station Abandonment — I— PROJECT MANAGER: !Rob Hamers, District Engineer IT DESCRIPTION: jAbandon 6 CMSD pumping stations, abandon the CNB station in the CNB island on W. 19th Street, 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 Ranch !- - - - - -- -- - - - - -- START DATE: X7/1/2012 COMPLETION DATE: 16/30/2013 STATUS REPORT: -- - -' ! - -- -- - -- -- - -- -- 8126/10 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 9/23110 - OCSD was provided with plans, maps and flow figures for their review. OCSD will be hiring a consultant to prepare the desiqn for their facilities. _ _ 10/26/10 - OCSD requested copies of all CMSD pumping station plans, which were provided. OCSD anticipates hiring a consultant to prepare an EIRand alignment study in 2011. CMSD requested a joint EIR. FINANCIAL STATUS throu h 9/30/10: pp j 2010 Current Year Approved Pro June 30, — - Account Number Bud et !Accumulated Cost Ex enditures Encumbrances Balance I -_— � L - — #101 999,941 - _ 2,640 997,301 Total 999,941 - 2,640 - 997,301 N N Q m Gar ;Ci C i r COSTA MESA SANITARY DISTRICT CAPITAL IMPROVEMENT PROGRAM 2010-2011 PROJECT: !#129 Bristol Street Sewer Improvements -MANAGER --:--- PROJECT Rob Hamers,D_i_strict Engineer DESCRIPTION: .N ncrease sewer size in Bristol Street Southbound between Irvine Ave and Birch Street. Phase - 1 constructed the first 1,400 L.F. and this phase will be the remaining 700 L.F. using pipe bursting. The ----- - -.....Engineer's Estimate is $461-,758..---- START DATE: 10 -Au I COMPLETION DATE: Mid 2011 STATUS REPORT: 9/23/10 - The design phase has started with survey work to identify water valves in the vicinity of the new sewer line. 10126/10 - The Design phase is continuing including designing water line relocation plans for the portion of water line in conflict with the FINANCIAL STATUS: FINANCIAL STATUS through June 30, 2010 j Account Number Approved Proj Accumulated Current Year Budget Costs Expenditures Encumbrances! Balance #183-2 1,580 192�1 _11 077,023 i 495,023 20! _1,077_,0_2_3 495,023 - - _105 8-0,-19 _2 • - • • 11.• ® COSTA MESARNITARY DISTRICT CAPITAL IMPROVEMENT PROGRAM 2010 -2011 PROJECT: - _ -- - #171 Irvine Pumping Station Force Main PROJECT MANAGER: Rob Harriers, District Engineer DESCRIPTION: , Rehabilitate the existing 3,000 L.F. of 14 " force main by inserting a 12" HDPE liner. The of 12" 1 PVC SDR 35 force main constructed with the pumping station to remain. The Engineer's Estimate is 1 START DATE: 10 -Aug COMPLETION DATE: Mid 2011 STATUS REPORT: -- 9/23/10 - The design phase has started with survey work and aerial photogrammetric to prepare a base plan for design. 10/26/10 - The design phase is continuing The base plan is complete and work on the plan and profile has begun /, - FINANCIAL STATUS through 9130/10: Current Year June 30, 2010 Approved Proj ! Accumulated . Account Number L Budget Costs Expenditures Encumbrances Balance - _ #171 ! 1,360,000 -_ : 204,447 V - - -- j ; 2,027 ' L 1,153,527 - 201 Total - - - -- — 1,360,000 - -- 204,447 +- -- 2,027 - -- - - -' 1,153,527 COSTA MESA SANITARY DISTRICT CAPITAL IMPROVEMENT PROGRAM 2010 -2011 PROJECT: #183 -2 Bristol Street Sewer Replacement n/o Randolph - -- - —T -- - -- — - - -- Hamers, District Engineer — - — — PROJECT MANAGER: ;Rob 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 investigation contract and traffic engineering contract are being reviewed for signature. The project specifications are nearly complete. The plans must be submitted to the City of Costa Mesa for plan check and approval prior to going out to bid. 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, cons_ truction will occur after the OC_Fair. 7122/10 - The project is ready to be placed out to bid. Construction will begin after the Fair has been held. 8/26/10 - The project is out to bid and bid opening is 917110. — 9/23/10 - The results of bid opening are on the agenda as a separate item. — 10/26/10 - The preconstruction meeting was held 10/11/10 and construction will begin 10_/18/10 i FINANCIAL STATUS throu h 9/30/10: u—ne-3 0 Accumulated ---Al -- Current Year — — - - - -- - — -- -- - - -- - Approved Proj Account Number Budget Costs Expenditures Encumbrances Balance _ #183 -2 158,017 24,283 1,2 132,504 Total 1 158,017 24,283 1,230 - 132,504 0 0 0 elo • COSTA MESAONITARY DISTRICT CAPITAL IMPROVEMENT PROGRAM 2010 -2011 PROJECT: 1#185 System Wide Sewer Reconstruction - Phase 1 PROJECT MANAGER: Rob Hamers, District Engineer L DESCRIPTION: _ Reconstruction of the Grade 5 sewer problems disclosed during the 2006 -2009 televising project. There are 4 phases to the project with each phase reconstructing approximately 64 locations and the preliminary Engineer's Estimate for each phase if $1 million. START DATE: � _ f i 10 -Aug COMPLETION DATE: Mid 2011 - - -- - - - -- - - -- -- - - - - - -- - i - ..... - - -- STATUS REPORT: 9/23/10 - The design phase has begun and base maps and plans are being prepared. 10/26/10 - The design phase is continuing. Grade 5 sewer repairs that are likely to collapse are being repaired immediately under a letter of agreement with local contractors. FINANCIAL STATUS through 9/30/10: _ -- June 30, 2010 _ -- Account Number Approved Proj r Accumulated Current Year Budget Costs Expenditures Encumbrances Balance #185 1,086,000 � - -- -- - - - - -- � 8,926 — 1,077 074 t --�- -- - -- - - --rte — 20 Total 1,086,000 - 8,926 - 1,077,074 COSTA MESA SANITARY DISTRICT CAPITAL IMPROVEMENT PROGRAM 2010-11 PROJECT: 87 District Yard PROJECT MANAGER: Rob Harriers, District Engineer J- DESCRIPTION: Construction of new District Yard at 174 W. Wilson Street, Costa Mesa START DATE: Sep-09 Early June 2010 COMPLETION- DATE: T STATUS REPORT: 2/25/10 - Construction is approximately 50% complete. HSW superintendent and project managers provide detailed advance review of all items there-by insuring continuing successful progress... 3/25/10 - 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. 4/22/10 - 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. 5/27/10 - 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. 6/21/10 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. 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. 7122/10 - 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. 8/26/10 - Construction is essentially complete, however, a delay in having phone lines installed is holding up the certificate of occupancy. 9/23/10 - The certificate of occupancy had not been issued as of 9/6110 but the furniture was delivered on 9/2/10 and the Open House is scheduled for 10/30/10. 10126/10 - The Yard Construction was completed 10/09/10 and the CMSD Operations Manager is managing the site in the absence of a Maintenance Supervisor. FINANCIAL STATUS throw 9/30/10: Approved Proj Budget June 30, 2010 I Accumulated Cost Current Year Expenditures Account Number I—F—Encumbrances Balance I #187 3,976,949 3,330,030 98,500 - 1� 548,419 30 Total 3,976_,949 1,3_30,030 98,600 � 1 548.419 COSTA MESARNITARY DISTRICT CAPITAL IMPROVEMENT PROGRAM 2010 -11 PROJECT: i #188 Conversion of Sewer Atlas to GIS PROJECT MANAGER: IRob 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. _ - -- — - -- - TT START DATE: 126-Oct-09 COMPLETION DATE: 30- Sep J STATUS REPORT: 2/25/10 - 100% of the GIS sewer asset data has been updated /corrected based on CMSD's lateral atlas; 40% of the data has been QA/QCd by CMSD; 100% of the wastewater drainage water sheds have been created; and 100% of the pipe segments have been updated with their appropriate cleaning frequency. Laterals are currently being created in the GIS. 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. 4/22/10 - Phase I of the project is 90 % complete, plus EEC has greatly assisted the District by preparing a District wide map showing the Grade 4 and Grade 5 pipe problems to support justification for using fixture fees to perform the necessary reconstruction. 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. 6/21/10 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. 8/26/10 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. 9123/10 EEC has completed placing the last 3 years of construction plans into the GIS atlas while the General Manager is attempting to obtain the basic parcel data for the GIS. EEC is working on the Phase II CMMS program _ 10126/10 - The General Manager's request to obtain discounted parcel data for the atlas will be considered by the County Board of Supervisors in October or November 2010. Work on Phase II CMMS is continuing. FINANCIAL STATUS through Account Number 8/31110: Approved Proj Bud et June 30, 2010 Accumulated Cost 11 Current Year 1 Expenditures Encumbrances Balance #188 194,875 62,703 2,390 - 129,782 zo Total 1 194,875 62;703 2,390 - 129,782 COSTA MESA SANITARY DISTRICT CAPITAL IMPROVEMENT PROGRAM 2010 -11 PROJECT: j 1#189 Rehabilitation of Six Sewers Transferred to CMSD - - - - PROJECT MANAGER: - -- -- - - - -- — -- - -( - Rob Hamers, District ct Engineer _ _— DESCRIPTION: j Rehabilitation of the Six Sewers Transferred to CMSD from OCSa OCSD paid CMSD $1.3 j million for the work and plans and specs are being prepared. .February 1, 2010 START DATE: COMPLETION DATE: Mid 2011 STATUS REPORT: . 4/22110 - Engineering staff has discussed the sewers and deleted non - essential items from the project scope of work. Plans and specs are 5% complete. 5/27/10 - 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. 6/21/10 - 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. 7/22/10 - 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. 9/23/10 - Additional investigation is occurring into the sag on South Coast Drive, which may be longer than first anticipated. Survey work is occurring and staff will be recommending additional CCTV to final the plans and_ place the project out to bid. 10/26/10 - The field crew will be cleaning the sewer on South Coast Drive and observing the flows to verify the length of sewer in the sag. After this item is resolved, the plans and specs will be placed out to bid FINANCIAL STATUS throu h 9/30/10: 1— 1 _ ' _ j i _ Approved Proj Budget June 30, 2010 Accumulated Cost Current Year Expenditures Account Number Encumbrances _ Balance #189 48,800 17,112 19,838 - 11,850 j 20 - Total 1 48,800 17,112 19,838 - I 11,850 • • Meeting Date_j Iteit Nurhb.4.wa... i 10/26/10 VL.: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 October 31, 2010 2,161,546.00 d 119,460.20 2,281,006.20 Approved By Date Approved By DM— GL Acct GL Acct Date: 10/13/2010 Invoice: 68519 -013R HSWCC Job #: 68519 2,281,006.20 114,050.31 2,166,955.89 2,058,349.47 ✓/ 108,606.42 d rtcA -c. P"C-7 PYrj-r COSTA MESA SANITARY DISTRICT • Warrant Resolution No. CMSD 2011 -4 • Meeting Date 10/26/10 1 VI. E 1j. 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 $791,496.66 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 28th day of October 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 -4 was duly adopted by the Costa Mesa Sanitary District at a regular meeting held on the 28th day of October 2010. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the Costa Mesa Sanitary District on this 28thd day of October 2010. Clerk of the Costa Mesa Sanitary District Accounts Payable Checks for Approval User: tgonzalez Printed: 09/30/2010 - 9:07 AM Check Number Check Date Fund Name Account Name COST,,A WES1q S,WIT -ART (DISTRICT - - - an Independent Special District Vendor Name Amount 0 09/01/2010 Liquid Waste Fund Federal Withholding Taxes Internal Revenue Service 209.42 0 09/01/2010 Liquid Waste Fund FICA - Employee Internal Revenue Service 342.54 0 09/01/2010 Liquid Waste Fund FICA - Employee Internal Revenue Service 342.54 0 09/01/2010 Liquid Waste Fund Medicare - Employee Internal Revenue Service 80.12 0 09/01/2010 Liquid Waste Fund Medicare - Employee Internal Revenue Service 80.12 Check Total: 1,054.74 0 09/03/2010 Liquid Waste Fund PERS Medical Cal PERS 5,817.17 0 09/03/2010 Solid Waste Fund Benefits Admin Costs Cal PERS 2.50 0 09/03/2010 Liquid Waste Fund Benefits Admin Costs Cal PERS 22.51 Check Total: 5,842.18 0 09/08/2010 Liquid Waste Fund Federal Withholding Taxes Internal Revenue Service 5,567.76 0 09/08/2010 Liquid Waste Fund FICA - Employee Internal Revenue Service 52.60 0 09/08/2010 Liquid Waste Fund FICA - Employee Internal Revenue Service 52.60 0 09/08/2010 Liquid Waste Fund Medicare - Employee Internal Revenue Service 588.57 0 09/08/2010 Liquid Waste Fund Medicare - Employee Internal Revenue Service 588.57 Check Total: 6,850.10 0 09/08/2010 Liquid Waste Fund State Withholding Taxes State of Cal Emp Dev Dept 2,018.45 Check Total: 2,018.45 0 09/08/2010 Liquid Waste Fund PERS Retirement Cal Pers Employee Ret System 169.95 0 09/08/2010 Liquid Waste Fund PERS Retirement Cal Pers Employee Ret System • 288.67 0 09/08/2010 Liquid Waste Fund PERS Retirement Cal Pers Employee Ret System 2,428.03 0 09/08/2010 Liquid Waste Fund PERS Retirement Cal Pers Employee Ret System 4,123.84 0 09/08/2010 Liquid Waste Fund PERS Survivor Benefit Cal Pers Employee Ret System 10.23 0 09/08/2010 Liquid Waste Fund PERS - Employer Cal Pers Employee Ret System -0.01 AP - Checks for Approval ( 09/30/2010 - 9:07 AM) �ge 1 • • Check Nier Check Date Fund Name Account Name Vendor Name • Amount Check Total: 7,020.71 0 09/22/2010 Liquid Waste Fund Federal Withholding Taxes Internal Revenue Service 5,280.62 0 09/22/2010 Liquid Waste Fund FICA - Employee Internal Revenue Service 52.60 0 09/22/2010 Liquid Waste Fund FICA - Employee Internal Revenue Service 52.60 0 09/22/2010 Liquid Waste Fund Medicare - Employee Internal Revenue Service 575.49 0 09/22/2010 Liquid Waste Fund Medicare - Employee Internal Revenue Service 575.49 Check Total: 6,536.80 0 09/22/2010 Liquid Waste Fund State Withholding Taxes State of Cal Emp Dev Dept 1,883.90 Check Total: 1,883.90 0 09/22/2010 Liquid Waste Fund PERS Retirement Cal Pers Employee Ret System 172.53 0 09/22/2010 Liquid Waste Fund PERS Retirement Cal Pers Employee Ret System 293.05 0 09/22/2010 Liquid Waste Fund PERS Retirement Cal Pers Employee Ret System 2,464.89 0 09/22/2010 Liquid Waste Fund PERS Retirement Cal Pers Employee Ret System 4,186.45 0 09/22/2010 Liquid Waste Fund PERS Survivor Benefit Cal Pers Employee Ret System 11.16 0 09/22/2010 Liquid Waste Fund PERS - Employer Cal Pers Employee Ret System -0.01 Check Total: 7,128.07 0 09/15/2010 Solid Waste Fund Investment Earnings Bank of America 341.72 Check Total: 341.72 0 09/24/2010 Solid Waste Fund Equipment Maintenance Automatic Data Processing, Inc 5.65 0 09/24/2010 Liquid Waste Fund Equipment Maintenance Automatic Data Processing, Inc 50.80 Check Total: 56.45 0 09/29/2010 Liquid Waste Fund Federal Withholding Taxes Internal Revenue Service 209.42 0 09/29/2010 Liquid Waste Fund FICA - Employee Internal Revenue Service 356.24 0 09/29/2010 Liquid Waste Fund FICA - Employee Internal Revenue Service 356.24 0 09/29/2010 Liquid Waste Fund Medicare - Employee Internal Revenue Service 83.33 0 09/29/2010 Liquid Waste Fund Medicare - Employee Internal Revenue Service 83.33 / Check Total: 1,088.56 7734 09/02/2010 Facilities Revolving Fund District Yard Newport Business Interiors Inc 7,683.60 AP - Checks for Approval ( 09/30/2010 - 9:07 AM) Page 2 Check Number Check Date Fund Name Account Name Vendor Name Amount Check Total: 7,683.60 7736 09/02/2010 Facilities Revolving Fund District Yard Meridian Systems Supply 652.50 7736 09/02/2010 Facilities Revolving Fund District Yard Meridian Systems Supply 424.13 7736 09/02/2010 Facilities Revolving Fund District Yard Meridian Systems Supply 538.31 7736 09/02/2010 Facilities Revolving Fund District Yard Meridian Systems Supply 648.15 7736 09/02/2010 Facilities Revolving Fund District Yard Meridian Systems Supply 1,252.80 7736 09/02/2010 Facilities Revolving Fund District Yard Meridian Systems Supply 135.94 Check Total: 3,651.83 7737 09/10/2010 Liquid Waste Fund Employee Insurance AFLAC 706.78 Check Total: 706.78 7738 09/10/2010 Liquid Waste Fund Sewer Maint- Equipment Maint Air Resource Board 575.00 Check Total: 575.00 7739 09/10/2010 Liquid Waste Fund Sewer Maint -Small Tools /Eq All American Sewer Tools 80.85 Check Total: 80.85 7740 09/10/2010 Solid Waste Fund Building Maintenance Bank of America 6.87 7740 09/10/2010 Liquid Waste Fund Building Maintenance Bank of America 61.79 7740 09/10/2010 Solid Waste Fund Travel /Meals /Lodging Bank of America 8.53 7740 09/10/2010 Liquid Waste Fund Travel/Meals /Lodging Bank of America 76.78 7740 09/10/2010 Liquid Waste Fund Travel/Meals /Lodging Bank of America 207.40 7740 09/10/2010 Solid Waste Fund Travel/Meals /Lodging Bank of America 9.56 7740 09/10/2010 Liquid Waste Fund Travel/Meals /Lodging Bank of America 86.02 7740 09/10/2010 Liquid Waste Fund Travel/Meals /Lodging Bank of America 831.78 7740 09/10/2010 Liquid Waste Fund Travel/Meals /Lodging Bank of America 1,088.37 7740 09/10/2010 Liquid Waste Fund Travel/Meals /Lodging Bank of America 1,061.44 7740 09/10/2010 Liquid Waste Fund Travel /Meals /Lodging Bank of America 490.72 7740 09/10/2010 Solid Waste Fund Travel /Meals /Lodging Bank of America 20.07 7740 09/10/2010 Liquid Waste Fund Travel /Meals /Lodging Bank of America 180.66 7740 09/10/2010 Liquid Waste Fund Sewer Maint- Material /Supplies Bank of America 59.61 7740 09/10/2010 Liquid Waste Fund Sewer Maint- Material /Supplies Bank of America 209.30 7740 09/10/2010 Liquid Waste Fund Sewer Maint - Material /Supplies Bank of America 862.40 7740 09/10/2010 Liquid Waste Fund Sewer Maint- Equipment Maint Bank of America 70.68 7740 09/10/2010 Liquid Waste Fund Sewer Maint -Staff Development Bank of America 79.00 7740 09/10/2010 Liquid Waste Fund Sewer Maint -Staff Development Bank of America 255.46 7740 09/10/2010 Liquid Waste Fund Sewer Maint- Equipment Maint Bank of America 181.56 AP - Check: Approval ( 09/30/2010 - 9:07 AM) • �ge 3 Check Niter Check Date Fund Name Account Name • Vendor Name • Amount 7740 09/10/2010 Liquid Waste Fund Sewer Maint -Small Tools /Eq Bank of America 686.25 7740 09/10/2010 Liquid Waste Fund Sewer Maint- Equipment Maint Bank of America 220.70 7740 09/10/2010 Liquid Waste Fund Sewer Maint - Material /Supplies Bank of America 32.70 7740 09/10/2010 Liquid Waste Fund Sewer Maint - Material /Supplies Bank of America 53.68 7740 09/10/2010 Liquid Waste Fund Sewer Maint- Material /Supplies Bank of America 23.61 7740 09/10/2010 Liquid Waste Fund Sewer Maint -Small Tools/Eq Bank of America 22.41 7740 09/10/2010 Liquid Waste Fund Staff Development Bank of America 7.00 7740 09/10/2010 Liquid Waste Fund Staff Development Bank of America 27.95 7740 09/10/2010 Liquid Waste Fund Staff Development Bank of America 495.12 7740 09/10/2010 Liquid Waste Fund Staff Development Bank of America 203.18 7740 09/10/2010 Liquid Waste Fund Staff Development Bank of America 64.62 7740 09/10/2010 Solid Waste Fund Recycling Grant AB 939 Bank of America 234.64 7740 09/10/2010 Liquid Waste Fund Equipment Maintenance Bank of America 152.23 7740 09/10/2010 Solid Waste Fund Office Supplies Bank of America 4.35 7740 09/10/2010 Liquid Waste Fund Office Supplies Bank of America 39.14 7740 09/10/2010 Facilities Revolving Fund District Yard Bank of America 138.00 7740 09/10/2010 Facilities Revolving Fund District Yard Bank of America 138.00 7740 09/10/2010 Facilities Revolving Fund District Yard Bank of America 276.00 Check Total: 8,667.58 7741 09/10/2010 Solid Waste Fund Legal Services Alan R. Bums 2,521.33 7741 09/10/2010 Liquid Waste Fund Legal Services Alan R. Bums 4,682.47 7741 09/10/2010 Liquid Waste Fund Legal Services Alan R. Burns 1,176.50 7741 09/10/2010 Solid Waste Fund - Legal Services Alan R. Bums 373.76 7741 09/10/2010 Liquid Waste Fund Legal Services Alan R. Bums 694.14 7741 09/10/2010 Liquid Waste Fund Legal Services Alan R. Burns 1,031.70 Check Total: 10,479.90 7742 09/10/2010 Solid Waste Fund Public Info /Ed /Community Promo City of Costa Mesa 250.00 Check Total: 250.00 7743 09/10/2010 Solid Waste Fund Building Maintenance Steve Clark 24.00 7743 09/10/2010 Liquid Waste Fund Building Maintenance Steve Clark 216.00 Check Total: 240.00 7744 09/10/2010 Liquid Waste Fund Sewer Maint -Pump Stn Contract C &R Drains Inc. 264.00 7744 09/10/2010 Liquid Waste Fund Sewer Maint -Pump Stn Contract C &R Drains Inc. 308.00 Check Total: 572.00 AP - Checks for Approval ( 09/30/2010 - 9:07 AM ) Page 4 Check Number Check Date Fund Name Account Name Vendor Name Amount 7745 09/10/2010 Solid Waste Fund Recycling /Disposal CR Transfer, Inc. 169,956.77 7745 09/10/2010 Solid Waste Fund Recycling /Disposal CR Transfer, Inc. 8,830.40 Check Total: 178,787.17 7746 09/10/2010 Solid Waste Fund Household Hazardous Waste Curbside, Inc. 198.00 7746 09/10/2010 Solid Waste Fund Household Hazardous Waste Curbside, Inc. 2,372.12 Check Total: 2,570.12 7748 09/10/2010 Liquid Waste Fund GIS System #188 Contr Svc Environmental Engr & Cont, Inc 8,834.58 7748 09/10/2010 Liquid Waste Fund Sewer Maint -FOG Prog Contract Environmental Engr & Cont, Inc 9,978.00 Check Total: 18,812.58 7749 09/10/2010 Solid Waste Fund Gas - Building The Gas Company 2.05 7749 09/10/2010 Liquid Waste Fund Gas - Building The Gas Company 18.47 Check Total: 20.52 7750 09/10/2010 Liquid Waste Fund Sewer Maint- Material /Supplies Golden Bell Products, Inc. 1,555.13 Check Total: 1,555.13 7751 09/10/2010 Liquid Waste Fund Engineering /Architectual Sery Robin B. Hamers & Assoc., Inc. 1,400.00 7751 09/10/2010 Liquid Waste Fund Sewer Maint -Misc Swer Wk Robin B. Hamers & Assoc., Inc. 40.00 7751 09/10/2010 Liquid Waste Fund Engineering /Architectual Sery Robin B. Hamers & Assoc., Inc. 4,390.75 7751 09/10/2010 Liquid Waste Fund Plan Ck/Inspection- Inside Robin B. Hamers & Assoc., Inc. 2,895.00 7751 09/10/2010 Liquid Waste Fund Plan Ck/Inspection- Inside Robin B. Hamers & Assoc., Inc. 14,931.75 7751 09/10/2010 Liquid Waste Fund Plan Ck/Inspection- Outside Robin B. Hamers & Assoc., Inc. 675.50 7751 09/10/2010 Liquid Waste Fund Plan Ck/Inspection- Outside Robin B. Hamers & Assoc., Inc. 2,386.50 7751 09/10/2010 Liquid Waste Fund Plan Ck/Inspection -Swr Lateral Robin B. Hamers & Assoc., Inc. 144.75 7.751 09/10/2010 Liquid Waste Fund Plan Ck/Inspection -Swr Lateral Robin B. Hamers & Assoc., Inc. 1,161.00 7751 09/10/2010 Liquid Waste Fund Westside Aband #101 -Cont Svc Robin B. Hamers & Assoc., Inc. 1,785.25 7751 09/10/2010 Liquid Waste Fund Westside Aband# 10 1 -Cont Svc Robin B. Hamers & Assoc., Inc. 354.75 7751 09/10/2010 Liquid Waste Fund Bristol St Pump - Contract Labor Robin B. Hamers & Assoc., Inc. 7,189.25 7751 09/10/2010 Liquid Waste Fund Bristol St Pump - Contract Labor Robin B. Hamers & Assoc., Inc. 920.00 7751 09/10/2010 Liquid Waste Fund Irvine PS Free Main #] 71 -Contr Robin B. Hamers & Assoc., Inc. 916.75 7751 09/10/2010 Liquid Waste Fund Rehab of (6)Swrs Transfrd #189 Robin B. Hamers & Assoc., Inc. 6,996.25 7751 09/10/2010 Liquid Waste Fund Rehab of (6)Swrs Transfrd #189 Robin B. Hamers & Assoc., Inc. 64.50 Check Total: 46,252.00 AP - Checks for Approval ( 09/30/2010 - 9:07 AM) is • �ge 5 • • ' Check Nu* r Check Date Fund Name Account Name Vendor Name Amount 7752 09/10/2010 Liquid Waste Fund Sewer Maint -Swr Lateral Prog W.J. Hendrickson 1,025.00 7753 09/10/2010 Facilities Revolving Fund 7754 09/10/2010 Liquid Waste Fund 7754 09/10/2010 Liquid Waste Fund 7755 09/10/2010 Liquid Waste Fund 7756 09/10/2010 Solid Waste Fund 7756 09/10/2010 Liquid Waste Fund 7757 09/10/2010 Liquid Waste Fund 7757 09/10/2010 Liquid Waste Fund 7757 09/10/2010 Liquid Waste Fund 7757 09/10/2010 Liquid Waste Fund 7757 09/10/2010 Liquid Waste Fund 7757 09/10/2010 Liquid Waste Fund 7758 09/10/2010 Liquid Waste Fund Check Total: District Yard Howard S. Wright Constructors Check Total: Sewer Maint -Pump Stn Contract Jimni Systems, Inc Sewer Maint -Pump Stn Contract Jimni Systems, Inc Sewer Maint -Swr Lateral Prog John V III TR Humphrey Legal Services Legal Services Sewer Maint- Water Pumps Sewer Maint- Water Pumps Sewer Maint- Water Pumps Sewer Maint -Water Bldg Sewer Maint -Water Bldg Sewer Maint -Water Bldg Sewer Maint -Swr Lateral Prog Liebert Cassidy Whitmore Liebert Cassidy Whitmore Mesa Consolidated Water Dist Mesa Consolidated Water Dist Mesa Consolidated Water Dist Mesa Consolidated Water Dist Mesa Consolidated Water Dist Mesa Consolidated Water Dist Norman Mullikin Check Total: Check Total: Check Total: Check Total: 1,025.00 27,820.85 27,820.85 540.00 585.00 1,125.00 1,553.12 1,553.12 217.60 1,958.40 2,176.00 16.95 16.89 16.89 49.00 81.30 65.10 246.13 1,190.90 Check Total: 1,190.90 7759 09/10/2010 Liquid Waste Fund Professional Services Norman A. Traub 10,120.25 Check Total: 10,120.25 7760 09/10/2010 Solid Waste Fund Prof Membership/Dues County of Orange Tax Collector 6,608.27 7760 09/10/2010 Liquid Waste Fund Prof Membership/Dues County of Orange Tax Collector 12,272.49 AP - Checks for Approval ( 09/30/2010 - 9:07 AM ) Page 6 Check Number Check Date Fund Name Account Name Vendor Name Amount Check Total: 18,880.76 7761 09/10/2010 Liquid Waste Fund Travel /Meals /Lodging Art Perry 393.00 7761 09/10/2010 Liquid Waste Fund Travel/Meals /Lodging Art Perry 61.26 Check Total: 454.26 7762 09/10/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 325.08 7762 09/10/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 203.11 7762 09/10/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 322.49 7762 09/10/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 78.08 7762 09/10/2010 Liquid Waste Fund Sewer Maint- Electric Pumps Southern California Edison 46.00 7762 09/10/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 70.69 7762 09/10/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 460.99 7762 09/10/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 418.87 7762 09/10/2010 Liquid Waste Fund Sewer Maint- Electric Pumps Southern California Edison 690.85 7762 09/10/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 66.35 7762 09/10/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 89.02 7762 09/10/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 137.82 7762 09/10/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 52.09 7762 09/10/2010 Liquid Waste Fund Sewer Maint- Electric Pumps Southern California Edison 378.98 7762 09/10/2010 Liquid Waste Fund Sewer Maint- Electric Pumps Southern California Edison 332.30 7762 09/10/2010 Liquid Waste Fund Sewer Maint- Electric Pumps Southern California Edison 109.45 7762 09/10/2010 Liquid Waste Fund Sewer Maint- Electric Pumps Southern California Edison 276.40 7762 09/10/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 1,357.48 7762 09/10/2010 Solid Waste Fund Electric - Building Southern California Edison 84.74 7762 09/10/2010 Liquid Waste Fund Electric - Building Southern California Edison 762.61 Check Total: 6,263.40 7763 09/10/2010 Liquid Waste Fund Sewer Maint -Swr Lateral Prog Beverly Schwenk 1,800.00 Check Total: 1,800.00 7764 09/10/2010 Liquid Waste Fund Life /AD &D Insurance Spec Dist Risk Mgt Authority 165.22 7764 09/10/2010 Liquid Waste Fund Dental Insurance Spec Dist Risk Mgt Authority 672.72 7764 09/10/2010 Liquid Waste Fund Long -Term Disability Spec Dist Risk Mgt Authority 329.76 7764 09/10/2010 Solid Waste Fund Benefits Admin Costs Spec Dist Risk Mgt Authority 3.28 7764 09/10/2010 Liquid Waste Fund Benefits Admin Costs Spec Dist Risk Mgt Authority 29.50 7764 09/10/2010 Liquid Waste Fund Vision Insurance Spec Dist Risk Mgt Authority 29.36 7764 09/10/2010 Solid Waste Fund Workers' Compensation Spec Dist Risk Mgt Authority 328.16 7764 09/10/2010 Liquid Waste Fund Swr Maint - Workers Comp Spec Dist Risk Mgt Authority 2,664.55 7764 09/10/2010 Liquid Waste Fund Workers' Compensation Spec Dist Risk Mgt Authority 574.29 AP - Check: Approval (09/30/2010 - 9:07 AM) • �ge 7 Check Nuver Check ck Dat a Fund Name Account Name Vendor Name Amount Check Total: 7765 09/10/2010 Solid Waste Fund Professional Services Technology Resource Cntr; Inc. 7765 09/10/2010 Liquid Waste Fund Professional Services Technology Resource Cntr, Inc. 7765 09/10/2010 Liquid Waste Fund Professional Services Technology Resource Cntr, Inc. 7765 09/10/2010 Solid Waste Fund Professional Services Technology Resource Cntr, Inc. Check Total: 7766 09/10/2010 Solid Waste Fund Building Maintenance Trimco Landscape 7766 09/10/2010 Liquid Waste Fund Building Maintenance Trimco Landscape Check Total: 7767 09/10/2010 Liquid Waste Fund Contract Services Underground Service Alert/SC Check Total: 7768 09/10/2010 Liquid Waste Fund Deferred Compensation - 457 VantagePoint Transfer Agents Check Total: 7769 09/10/2010 Liquid Waste Fund Deferred Medical -RHS- Employee VantagePoint Transfer Agents 7769 09/10/2010 Liquid Waste Fund Deferred Medical -RHS- Employee VantagePoint Transfer Agents Check Total: 7770 09/10/2010 Liquid Waste Fund Sewer Maint -Swr Lateral Prog Robert Whitacre 4,796.84 90.63 815.62 815.62 90.63 1,812.50 11.60 104.40 1 16.00 127.00 127.00 1,030.00 1,030.00 346.85 346.85 693.70 1,800.00 Check Total: 1,800.00 7776 09/24/2010 Solid Waste Fund Trash Hauler Costa Mesa Disposal 196,987.58 Check Total: 196,987.58 7777 09/24/2010 Solid Waste Fund Anti- scavenging CR&R Incorporated 6,241.37 Check Total: 6,241.37 7778 09/24/2010 Liquid Waste Fund Sewer Maint -Pump Stn Contract C &R Drains Inc. 2,393.35 AP - Checks for Approval ( 09/30/2010 - 9:07 AM ) Page 8 Check Number Check Date Fund Name Account Name Vendor Name Amount Check Total: 2,393.35 7779 09/24/2010 Solid Waste Fund Sharps Program Curbside, Inc. 95.00 7779 09/24/2010 Solid Waste Fund Pharmaceutical Program Curbside, Inc. 153.00 7779 09/24/2010 Solid Waste Fund Pharmaceutical Program Curbside, Inc. 75.00 7779 09/24/2010 Solid Waste Fund Pharmaceutical Program Curbside, Inc. -25.00 7779 09/24/2010 Solid Waste Fund Sharps Program Curbside, Inc. 100.00 7779 09/24/2010 Solid Waste Fund Pharmaceutical Program Curbside, Inc. 157.50 7779 09/24/2010 Solid Waste Fund Pharmaceutical Program Curbside, Inc. 100.00 7779 09/24/2010 Solid Waste Fund Pharmaceutical Program Curbside, Inc. -25.00 7779 09/24/2010 Solid Waste Fund Sharps Program Curbside, Inc. 100.00 7779 09/24/2010 Solid Waste Fund Sharps Program Curbside, Inc. 75.00 7779 09/24/2010 Solid Waste Fund Sharps Program Curbside, Inc. 95.00 7779 09/24/2010 Solid Waste Fund Pharmaceutical Program Curbside, Inc. 58.50 7779 09/24/2010 Solid Waste Fund Pharmaceutical Program Curbside, Inc. 75.00 7779 09/24/2010 Solid Waste Fund Pharmaceutical Program Curbside, Inc. -25.00 7779 09/24/2010 Solid Waste Fund Sharps Program Curbside, Inc. 100.00 7779 09/24/2010 Solid Waste Fund Pharmaceutical Program Curbside, Inc. 63.00 7779 09/24/2010 Solid Waste Fund Pharmaceutical Program Curbside, Inc. 100.00 7779 09/24/2010 Solid Waste Fund Pharmaceutical Program Curbside, Inc. -25.00 7779 09/24/2010 Solid Waste Fund Sharps Program Curbside, Inc. 95.00 7779 09/24/2010 Solid Waste Fund Sharps Program Curbside, Inc. 95.00 7779 09/24/2010 Solid Waste Fund Sharps Program Curbside, Inc. 75.00 Check Total: 1,512.00 7780 09/24/2010 Liquid Waste Fund Prof Membership /Dues CWEA -TCP 132.00 Check Total: 132.00 7781 09/24/2010 Liquid Waste Fund Sewer Maint -Swr Lateral Prog Marcello De Frenza 1,687.50 Check Total: 1,687.50 7782 09/24/2010 Facilities Revolving Fund District Yard Enovity, Inc. 4,815.00 Check Total: 4,815.00 7783 09/24/2010 Liquid Waste Fund Sewer Maint -Swr Lateral Prog Robert Gardner 1,000.00 Check Total: 1,000.00 age 9 AP - Checks for Approval ( 09/30/2010 - 9:07 AM) • Check N*r Check Date Fund Name Account Name Vendor Name Amount 7784 09/24/2010 Liquid Waste Fund Sewer Maint- Equipment Maint Haaker Equipment Company 856.90 7784 09/24/2010 Liquid Waste Fund Sewer Maint - Equipment Maint Haaker Equipment Company 603.83 Check Total: 1,460.73 7785 09/24/2010 Solid Waste Fund Postage MailFinance Inc. 7.22 7785 09/24/2010 Liquid Waste Fund Postage MailFinance Inc. 64.99 Check Total: 72.21 7786 09/24/2010 Liquid Waste Fund Sewer Maint -Swr Lateral Prog Grayce Hillgren 1,800.00 Check Total:. 1,800.00 7787 09/24/2010 Liquid Waste Fund Sewer Maint- Water Pumps Irvine Ranch Water District 8.00 7787 09/24/2010 Liquid Waste Fund Sewer Maint- Water Pumps Irvine Ranch Water District 8.00 Check Total: 16.00 7788 09/24/2010 Liquid Waste Fund Sewer Maint -Misc Swer Wk Mike Kilbride, LTD 1,350.00 Check Total: 1,350.00 7789 09/24/2010 Solid Waste Fund Equipment Maintenance Konica Minolta Bus Sol U.S.A., 98.87 7789 09/24/2010 Liquid Waste Fund Equipment Maintenance Konica Minolta Bus Sol U.S.A., 889.81 7789 09/24/2010 Solid Waste Fund Equipment Maintenance Konica Minolta Bus Sol U.S.A., 8.12 7789 09/24/2010 Liquid Waste Fund Equipment Maintenance Konica Minolta Bus Sol U.S.A., 73.04 7789 09/24/2010 Solid Waste Fund Equipment Maintenance Konica Minolta Bus Sol U.S.A., 21.20 7789 09/24/2010 Liquid Waste Fund Equipment Maintenance Konica Minolta Bus Sol U.S.A., 190.80 Check Total: 1,281.84 7790 09/24/2010 Liquid Waste Fund Sewer Maint- Water Pumps Mesa Consolidated Water Dist 18.00 7790 09/24/2010 Liquid Waste Fund Sewer Maint -Water Bldg Mesa Consolidated Water Dist 18.00 Check Total: 36.00 7791 09/24/2010 Liquid Waste Fund Sewer Maint -Sewer Line Maint National Plant Services, Inc. 5,620.00 7791 09/24/2010 Liquid Waste Fund Sewer Maint -Sewer Line Maint National Plant Services, Inc. 143,104.70 7791 09/24/2010 Liquid Waste Fund Sewer Maint -Misc Swer Wk National Plant Services, Inc. 980.00 Check Total: 149,704.70 AP - Checks for Approval ( 09/30/2010 - 9:07 AM ) Page 10 Check Number Check Date Fund Name Account Name Vendor Name Amount 7792 09/24/2010 Solid Waste Fund Other Reimbursements Frankie Lou Neal 20.00 Check Total: 20.00 7793 09/24/2010 Liquid Waste Fund Due to OCSD Orange County Sanitation Distr 3,190.32 Check Total: 3,190.32 7794 09/24/2010 Solid Waste Fund Office Supplies Office Depot 2.84 7794 09/24/2010 Liquid Waste Fund Office Supplies Office Depot 25.54 7794 09/24/2010 Solid Waste Fund Office Supplies Office Depot 0.65 7794 09/24/2010 Liquid Waste Fund Office Supplies Office Depot 5.90 7794 09/24/2010 Solid Waste Fund Office Supplies Office Depot 21.28 7794 09/24/2010 Liquid Waste Fund Office Supplies Office Depot 191.49 Check Total: 247.70 7795 09/24/2010 Liquid Waste Fund Capital Outlay One Way Furniture 839.00 Check Total: 839.00 7796 09/24/2010 Solid Waste Fund Recycling Grant AB 939 ORBIS Corporation 1,841.00 Check Total: 1,841.00 7797 09/24/2010 Solid Waste Fund Building Maintenance Pacific Building Care, Inc. 45.37 7797 09/24/2010 Liquid Waste Fund Building Maintenance Pacific Building Care, Inc. 408.38 Check Total: 453.75 7798 09/24/2010 Liquid Waste Fund Bristol St Pump - Contract Labor Santa Ana Blue Print 37.17 7798 09/24/2010 Liquid Waste Fund Westside Aband# 10 1 -Cont Svc Santa Ana Blue Print 275.66 7798 09/24/2010 Liquid Waste Fund Westside Aband #101 -Cont Svc Santa Ana Blue Print 223.86 Check Total: 536.69 7799 09/24/2010 Liquid Waste Fund Prof Membership /Dues Santa Ana River Flood Protect 1,100.00 Check Total: 1,100.00 7800 09/24/2010 Liquid Waste Fund Sewer Maint -Elec Bldg Southern California Edison 813.73 7800 09/24/2010 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 819.77 �ge 11 AP - Checks for Approval ( 09/30/2010 - 9:07 AM) . Check Nder Check Date Fund Name • ` Account Name Vendor Name Amount AP - Checks for Approval ( 09/30/2010 - 9:07 AM ) Page 12 Check Total: 1,633.50 7801 09/24/2010 Liquid Waste Fund Public Info /Ed /Community Promo Spec Dist Risk Mgt Authority 49.50 Check Total: 49.50 7802 09/24/2010 Liquid Waste Fund Sewer Maint -Swr Lateral Prog Marcia Swanson 1,800.00 Check Total: 1,800.00 7803 09/24/2010 Liquid Waste Fund Systm Wide Swr Rcnstruct. #183 Times Community News 475.00 Check Total: 475.00 7804 09/24/2010 Liquid Waste Fund Deferred Compensation - 457 VantagePoint Transfer Agents 1,030.00 Check Total: 1,030.00 7805 09/24/2010 Liquid Waste Fund Deferred Medical -RHS- Employee VantagePoint Transfer Agents 346.85 7805 09/24/2010 Liquid Waste Fund Deferred Medical -RHS- Employee VantagePoint Transfer Agents 346.85 Check Total: 693.70 7806 09/24/2010 Liquid Waste Fund Sewer Maint -Misc Swer Wk Walters Wholesale Electric Co. 884.69 Check Total: 884.69 7807 09/24/2010 Liquid Waste Fund Sewer Maint -Swr Lateral Prog Kevin.Yearout 1,800.00 Check Total: 1,800.00 7808 09/24/2010 Liquid Waste Fund Sewer Maint -Staff Development CWEA -TCP 15.00 7808 09/24/2010 Liquid Waste Fund Sewer Maint -Staff Development CWEA -TCP 15.00 Check Total: 30.00 7810 09/30/2010 Solid Waste Fund Staff Development Independent Special Dist of OC 1.60 7810 09/30/2010 Liquid Waste Fund Staff Development Independent Special Dist of OC 14.40 7810 09/30/2010 Solid Waste Fund Travel/Meals /Lodging Independent Special Dist of OC 4.80 7810 09/30/2010 Liquid Waste Fund Travel /Meals /Lodging Independent Special Dist of OC 43.20 AP - Checks for Approval ( 09/30/2010 - 9:07 AM ) Page 12 Check Number Check Date Fund Name Account Name Vendor Name Amount Check Total: 64.00 7811 09/30/2010 Solid Waste Fund Public Info /Ed /Community Promo CMSD Petty Cash 7.78 7811 09/30/2010 Liquid Waste Fund Public Info /Ed /Community Promo CMSD Petty Cash 70.02 7811 09/30/2010 Solid Waste Fund Public Info /Ed /Community Promo CMSD Petty Cash 1.33 7811 09/30/2010 Liquid Waste Fund Public Info /Ed /Community Promo CMSD Petty Cash 12.02 7811 09/30/2010 Solid Waste Fund Mileage Reimbursement CMSD Petty Cash 1.81 7811 09/30/2010 Liquid Waste Fund Mileage Reimbursement CMSD Petty Cash 16.35 7811 09/30/2010 Liquid Waste Fund Staff Development CMSD Petty Cash 17.49 7811 09/30/2010 Solid Waste Fund Travel /Meals /Lodging CMSD Petty Cash 3.99 7811 09/30/2010 Liquid Waste Fund Travel /Meals /Lodging CMSD Petty Cash 35.99 7811 09/30/2010 Liquid Waste Fund Building Maintenance CMSD Petty Cash 13.38 7811 09/30/2010 Solid Waste Fund Staff Development CMSD Petty Cash 0.60 7811 09/30/2010 Liquid Waste Fund Staff Development CMSD Petty Cash 5.40 7811 09/30/2010 Liquid Waste Fund Sewer Maint -Small Tools /Eq CMSD Petty Cash 48.80 7811 09/30/2010 Solid Waste Fund Staff Development CMSD Petty Cash 1.00 7811 09/30/2010 Liquid Waste Fund Staff Development CMSD Petty Cash 9.00 7811 09/30/2010 Liquid Waste Fund Staff Development CMSD Petty Cash 14.07 7811 09/30/2010 Solid Waste Fund Staff Development CMSD Petty Cash 1.56 7811 09/30/2010 Liquid Waste Fund Sewer Maint -Small Tools /Eq CMSD Petty Cash 52.87 7811 09/30/2010 Liquid Waste Fund Sewer Maint -Staff Development CMSD Petty Cash 86.07 7811 09/30/2010 Liquid Waste Fund Sewer Maint -Staff Development CMSD Petty Cash 63.55 7811 09/30/2010 Solid Waste Fund Staff Development CMSD Petty Cash 3.20 7811 09/30/2010 Liquid Waste Fund Staff Development CMSD Petty Cash 28.80 7811 09/30/2010 Solid Waste Fund Travel /Meals /Lodging CMSD Petty Cash 6.40 7811 09/30/2010 Liquid Waste Fund Travel /Meals /Lodging CMSD Petty Cash 57.60 Check Total: 559.08 Report Total: 791,496.66 AP - Checks for Approval ( 09/30/2010 - 9:07 AM) �ge 13 0 Costa Mesa S District pense RearvQbur��svaeiWorm for Directors -4 mum: 0 0- 1. Aftch all receipts. I W 7 01 Q Q O t✓ r Q -L co Q W 0 U LL �L !fj pp m N I 4 O F`_ DATE OF EVENT PURPOSE OR &CASFON LOCATION TIAvELk MEAL EXPENSE OTHER r6 t yv-\\ �y &,_ j _ r.c,st._ 'vLi I Q 'Garr be used for private auto as well as taxi, limo and air tare. ) �Gz go. Calculation 1. miles at 51.0 cents per mile (Currw+t R803 = -- 2. Total meals 3. � days attendance at s-221.00 per day tgeremMpdi* = 1t OCR 4, Meeting 5. Other Total = $ A 08 _ Significant points learned of beOeth to the District and its ConferemelEve ratepayers: Loandon: — - - - -- Per Ordinance No. 55, "Board members shat provide brief reports on .meetings. Menders at p ublIc expense at the next regular Board meeting." (Operations Code, Section 3.01.035) Crew. V11691 C d h O F- mil= op ,v <_ N O� Z N � iD � I Caste Mesa Sanitary District 3 1 peruse ambursv�a+�nx Form for Directors mom. LL P. Arch all mce0pts. W LJ z G n Ca L U L� Q Ln w CE F- U v CIL �D If) Q� m m y v -DATE OF EVENT PURPOSE OR CASION LOCATION TRAVEL" MEAL EXPENSE OTHER 'Garr be used for private auto as well as tail, limp and air Tare. I C, M rl/j �z , i� ,.e �C fV, 1. q ;. 14 miles at 50.0 cents per mile (CurtwN Rate) _ — 2. Total meats 3. days allendance at $_221.00 per day iper 0—d Pd" 4. Meeting . 5. Other — L�1.r�^"� Location: Per Ordinance No. 55, "Board members shali9 provide Meg rep®rks on meetings aWended at pub0c expense at the next regnoor Board "meeting." (Operations Code, Section n 3.01.0335) (rev. 1!IJD9} 0 TOtal = $ Significant points ievir ned of benefit to the Olatftt and ita r+atepa ywa: 51- G w Costa Mesa Sa hary District • Expense Reimburse it Form for Directors Name: Robert J. Ooten 8. Attach all receipts. DATE OF EVENT PURPOSE OR OCCASION LOCATION TRAVEL* MEAL EXPENSE OTHER 1 IL) t 1,� �. c C� C `La cA C , mt�aa ctn c� r. �Lls DOIC Or- w Z w-D R er LVI-A e lit a C<.. *Can be used for private auto as well as taxi, limo and air fare. ll. Calculation = $ 1. miles at 50 cents per mile _ (Current Rabe) 2. Total meals 3. A5- 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 Cove, Section 3.01.035) Total = $ C� Significant points learned of benefit to the District and its ratepayers: 'I-c. 5,,,2. C- � rSt� SAO ��, Director Signatu (rev. 2106) r 0 Name:Gary Monahan I. Attach all receipts. Costa Mesa Sanitary District Expense Reimbursont Form for Directors DATE OF EVENT PURPOSE OR OCCASION LOCATION TRAVEL* MEAL EXPENSE OTHER 9/14/10 CMSD Sewer System Committee Meeting CMSD 9/23/10 CMSD Regular Board of Directors Meeting CMSD *Can be used for private auto as well as taxi, limo and air fare. II. Calculation 1. miles at 50.0 cents per mile (Current Rate) 2. Total meals 3. 2 days attendance at $ 221.00 per day (per Board 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. 111109) 442.00 Total = $442.00 Significant points learned of benefit to the District and its ratepayers: Director Signature: J J D 7 r C Mesa Sanitary District Expense fie ut•semen$ Form f ®r Direct®vs m Pdalrne: CL I. ,attach all receipts. 0 to Cr 0 to Cr un w Cr r- u-> 0 U D DATE OF EVENT PUPPOSIE OR OCCASION LOCATION LL LO V) 00 _ p -- °i DIF M N J � � I J ~ J � O J 3 7 C D DATE OF EVENT PUPPOSIE OR OCCASION LOCATION TRAVEL* MEAL EXPENSE OTHER 92WL- UmIKITW 7 -- °i DIF r2 . CS -Z 40 _ DG 1,k).D *Can be used for primate auto as waif as taxi, Ilmo and afr fare. 11. Calculation 1. miles at 50.4 cents per mils (Current Rate) 2. Total meals 3. days attendance at $ 221.00 per day 4. Meeting 5. Other Conference/Event: Location: Per Ordinance No. 55, "Board rnernbem shall provide brietl reports on r> 6etings attended at public expense at the next regular Board meeting." (Operations Code, Section 3.01.035) t,� rnma) 0 Total = $ Slgnifficant points learned of benefit to the District and i ratepayers: f V a n 6 Director Signature: rI 6 I F t_ C P-1 U7 �n TT 7 m .o E t; r7 OU OD CD CD U) N (3 Coste Mesa Sanitary District Expense Reimbursement Form for Directors Name: V u�l !'��IMA °- I. ,attach alb receipts. 0 u� Ln CC ch w E Cr 0 C) E LL �10 �_ X) ff,6� cry gyf -6sO- DATE OF EVENT PURPOSE OR OCCASION LMATION TRAVEL` MEAL EXPENSE OTHER , 1W Un4M /rttc -; T( r C Al S2 -,-an o9 usca Tor prwa[e auto as WOU as t8X1, limo and arr tare. It. Calculation t. miles at 50.0 cents per mile (Current Rata) 2. Total meals 3. days attendance at $ 221.00 per day ", tad 1dk7/) t� 4. Meeting C S PA 'wlcl 5. Other ,1�fi1J� Conference/Event: u1 Location: to a, 1 © Per Ordinance No. 55, "Board members shall provide brief 0 reports on meetings attended at public expense at the next I regular hoard meeting." (Operations Code, Section 3.01.035) i • = $ / g. SO Total= Significant points learned of benefit to the District and ratepayers; Director ,Signature: • • Name:Gary Monahan I. Attach all receipts. Costa Mesa Sanitary District Expense Reimburse*nt Form for Directors • DATE OF EVENT PURPOSE OR OCCASION LOCATION TRAVEL* MEAL EXPENSE OTHER 9/14/10 CMSD Sewer System Committee Meeting CMSD 9/23/10 CMSD Regular Board of Directors Meeting CMSD �.ai I uc usCU rvr Nnvaie auto as wen as taxi, umo ana air Tare. II. Calculation 1. miles at 50.0 cents per mile (Current Rate) 2. Total meals 3. 2 days attendance at $ 221.00 per day (per Board 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. 1/1/09) = 442.00 Total = $442.00 Significant points learned of benefit to the District and its ratepayers: Director Signature: Costs Mesa Sanitary District Expense ReiI1 burseent Form for Directors Name: 1. Attach all receipts. DATE OF EVENT PURPOSE OCCAjSION TRAVEL* MEAL EXPENSE OTHER ;OyR (� /L/O�yCATION L( CS f)•%1 (fo "'j- E 2 �, C i{ 1 *Can be used for private auto as well as taxi, limo and air fare. II. Calculation 1. miles at 50.0 cents per mile (Current Rate) 2. Total meals 3. days attendance at $ 221.00 per day (per Board policy) 4. Meeting 5. Other Pi,,A J V& °— �s �.a ��,,� r� tz c C 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. 1/1/09) bU IF Total = $ b 3,-1 yo Significant points learned of benefit to the District and its ratepayers: Director Signature: Costa Mesa Sanitary District Expense Reimbursement Form for Directors Name: I. Attach all receipts. DATE OF EVENT PURPOSE OR OCCASION LOCATION TRAVEL* MEAL EXPENSE OTHER d S rt- --L- e- .00 L� �Q .�}- ,'Ll.� � � °�� ✓'-C �C'� �c c' .mot'\ -uan be used for private auto as well as taxi, limo and air tare. II. Calculation = $ 1. miles at 50.0 cents per mile (Current Rate) 2. Total meals 3. days attendance at $ 221.00 per day (per Board policy) 4. Meeting 5. Other Pry Ak" — C 5 -� �� ,� A g 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. 1/1/09) 0 Total= $ l G qI Significant points learned of benefit to the District and its ratepayers: Director Signature: • ` ,., Meetin date Item 10/26 1 VI. FD $ J ! a A. , S t COSTA MESS. SAN, TA � I xe .. an Independent Special District To: Board of Directors Via: Scott Carroll, General Manage From: Sherry Kallab, Administrative Manager Date: October 26, 2010 Subject: Quarterly Budget Report Summary The following report is a brief analysis of District expenditures for the first quarter (July — September) of the fiscal year. Staff Recommendation ® That the Board of Directors receive and file this report. Analysis Overall, the solid and liquid waste funds are projected to have a surplus by the end of the fiscal year. The Solid Waste Fund is project to have a surplus balance of $117,910 and the Liquid Waste Fund is projected to have a surplus balance of $235,340. Some line items are projected to exceed approved budget amounts, but it is still early in the fiscal year and staff will be monitoring these expenditures closely. Please see attached report for more detail analysis. The next quarterly budget report will be presented to the Board on January 27, 2011. Strategic Element & Goal This item supports achieving Strategic Element No. 7.0, Finance Goal No. 7.1, Develop quarterly budget reports. Legal Review Not applicable. • Protecting our community ' s FieaftFi and the environment by providing solid waste and sewer collection services. www.crosdcagov Board of Directors October 26, 2010 Page 2 of 2 Financial Review • See attached report. 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 October 26, 2010 Board of Directors regular meeting at District Headquarters and on District website. Alternative Actions Refer the matter back to staff for additional information. Attachments A: Quarterly Budget Report (July — September, 2010) • • 4 1 • SOLID WASTE FUND As ®f September 30, 2010 Account Name: Solid Waste Prepared by: Teresa Gonzalez f�% EXECUTIVE SUMMARY Account # 10- 000000 Attached, please find the latest budget expenditure analysis for the Trash maintenance operating budget. The projections in this budget are based on run rates in some accounts and known or anticipated spending in others. Please see budget account information below for additional detail. 10 -11 10 -11 10 -1 10 -11 Original Carry Adjustments Working Budget Forward Budget $5,323,110 $0 $0 $5,323,110 The annual working budget for this fund is $ 5.323,110. To date we have expended $1,101,433 and are projecting full year expenditures to be $5,205.200 for a projected year -end balance of $117.910 resulting primarily from the salaries and benefits projected to be approximately $11,600 below budget, less tonnage resulting in savings of approximately $13,160 in recycling /disposal costs, and the projected non -use of the • entire annual contingency in the amount of $95,000. The following sections provide summary information about the status of any given account number that may need additional clarification. Please feel free to contact me if you have any questions or need additional information about this report. PERSONNEL Overall, personnel expenses are running slightly under budgeted amounts by approximately $11;600. This is primarily a result of the Office Specialist II position, which continues to be staffed on a part-time basis. The budget for Overtime in the amount of $3,000 continues to be available to provide staff time at the various recycling program events. • M &O M &O accounts are expected to come in under planned budget levels, providing a total balance of $109.000. The major components of this projected year -end balance are described in more detail below: © The projected non -use of the entire annual contingency amount of $95,000. The recycling /disposal account is projected to be below budget by $13,160 as a result of less tonnage amounts. Special programs are projected to be over budget by approximately $2,690 as a result of the carryforward of funds for the Second Cycle Compost Grant pending completion of the financial statement audit, and the cost savings in the Sharps program. The estimated budget carryforward into the fiscal year 2010 -11 for the second cycle compost grant is approximately $127,390. Once the carryforward is recorded in the accounting books, the over budget in the amount of $18,260 in the compost grant account will be eliminated. The Sharps program account is projected to be under budget by approximately $14,040 as a result of cost savings resulting from the change of service providers from Stericycle to Curbside and as a result of the loss of participation in the program by Rite Aide Pharmacy. The savings in the sharps program may be offset if new pharmacies are added to the program. Staff believes that it is in the District's best interest to expand the sharps program. CAPITAL OUTLAY It is projected that the entire capital outlay budget will be expensed by year end. It is anticipated that most of the expenses for this account will occur in the second quarter of the fiscal year. As of September 30, 2010 the expenses recorded in this account in the amount of $420 have been for the continued website rebuild project. • 0 • • LIQUID WASTE FUND As of September 30, 2010 Account Name: Sewer Maintenance Prepared by: Teresa Gonzalez —% EXECUTIVE SUMMARY Account # 20- 000000 Attached, please find the latest budget expenditure analysis for the Sewer maintenance operating budget. The projections in this budget are based on run rates in some accounts and known or anticipated spending in others. Please see budget account information below for additional detail. 10 -11 10 -11 10 -1 10 -11 Original Carry Adjustments Working Budget Forward Bud et $3,446,960 $0 $0 $3,446,960 The annual working budget for this fund is $3,446,960. To date we have expended $717,961 and are projecting full year expenditures to be $3,211,620 for a projected year -end balance of $235,340 resulting primarily from the unexpected vacancy of the Maintenance Supervisor position and the delay in hiring of the Lead Maintenance Worker. • Salaries and benefits are projected to be approximately $133,950 below budget. There is also a projected non -use of the entire annual contingency budget in the amount of $160,000. The above savings are offset by the plan check/inspection services projected to be over budget by $83,090. The following sections provide summary information about the status of any given account number that may need additional clarification. Please feel free to contact me if you have any questions or need additional information about this report. PERSONNEfi, Overall, personnel expenses are running under budgeted amounts by approximately $133,950. Full time salaries and benefits are projected to be below budgeted amounts because of the unexpected vacancy of the Maintenance Supervisor position and the delay in hiring of the Lead Maintenance Worker. The Maintenance Supervisor position became vacant around mid - September and is expected to remain vacant during the. remainder of the fiscal year. The Lead Maintenance Worker position was anticipated to be filled early in the fiscal year. A new target'for filling the position is now mid - November. Overtime salaries are expected to be below budget by approximately $7,150. 1. M &O M &O accounts are expected to come in under planned budget levels, providing a total balance of $101.390. The major components of this projected year -end balance are described in more detail below: ® The projected non -use of the entire annual contingency amount of $160,000. ® The engineering /architectural service account is expected to be below budget by $18,190 based on the run rate as of September 30, 2010. It is expected that the monthly average rate experienced in the first quarter will remain the same throughout the fiscal year. The plan check/inspection account is projected to be over budget by $83,090. The budget for this account was based on the assumption that the new lead maintenance worker would be responsible for 25% of the inspections. The budget for inspection services was reduced by 25% assuming that the hiring of the new lead maintenance worker would take. place at the beginning of the fiscal year. Since the hiring was delayed, the continued contracting of inspection services was necessary. Assuming that beginning on 1/1%2011 the new lead maintenance worker takes over 12 hours per week of inspections, the plan check/inspection account is projected to be over budget by the above amount in the sum of $83,090. A review of the required amount of outside inspection services is necessary to adjust the budget accordingly. ® The professional services account is projected to be over budget by $12,000 due to the expenses associated with an internal investigation. CAPUAL OUTLAY It is projected that the entire capital outlay budget will be expensed by year end. The capital equipment or outlays that have been expensed as of September 30, 2010 are: ® (8) Motorola two -way radios, $4,300 ® Awards display corner curio cabinet, $840 ® Website rebuild, phase 2, $3,790 • • • • • Expenditure Analysis 10- 000000 Solid Waste Through 9/30/2010 -F141 Vwwr. .F, dl Vwwr. .Fi AI Vwwr. • 11m %change from teal year >_» -10% ' Fnance Pm*lvons reflwl the most r-I querferfy update 10/15110 1220 Original Working Expenditures Change Run-Rate Flnartce Finance BUDGET BUDGET YTD YTD YTD 09.10 to Percent Full Year Projection Finance Projected Prol. % as of July 1 '10•'11 91302010 9/301009 YTD 10.11 Ch&2z '09 -'10 Full Year Projections Balance' R*mt2LmL EXPENDITURES Personnel SALARIES FULL -TIME 291,000 291,000 51,593 17,199 34,394 200% 70,256 206,374 284,300 6,700 2% SALARIES PART -TIME 22,000 22,000 4,248 4,856 (608) -13% 20,882 16,993 22,000 - 0% SALARIES BOARD 16,000 16,000 2,254 1,127 1,127 100% 6,475 9,017 16,000 - 0% OVERTIME 3,000 3,000 0 428 (428) 100% 977 0 3.000 - 0% Benefits 118,200 118,200 19,990 8,235 11,755 143% 28,570 79,959 113,300 4,900 4% Sub -Total Personnel 450,200 450,200 76,066 31,646 46,240 146% 127,160 312,342 438,600 11,600 310 M80 PROFESSIONAL SERVICES 2,100 2,100 216 1,478 (1,261) 85% 5,486 865 2,360 (260) -12% DISTRICT MANAGER 0 0 0 13,617 (13,617) .100% 35,805 0 0 LEGAL SERVICES 35,500 35,500 6,077 6,930 (852) 12% 28,086 24,310 36,460 (960) 3% FISCAL SERVICES 19,600 19,600 0 2,850 (2,850) -100% 19,061 0 19,600 - 01y. MEDICALA:MPLOY SERVICES 60 60 0 0 0 0% 35 0 60 0% CONTRACT SERVICES 5,000 5,000 O 209 (209) -100% 209 0 5,000 - 0% COUNTY COLLECTION FEE 15,500 15,500 0 0 0 O% 15,554 0 15,500 - 0% TRASH HAULER(CRAR) 2,362,000 2,362,000 590,752 590,249 504 0% 2,361,580 2,363,009 2,363,950 (1,950) 0% RECYCLING/DISPOSAL (CRAR) 2,141,020 2,141,020 367,481 364,204 3,277 1% 2,108,307 1,469,922 2,127,860 13,160 1 °11� CONTAINER COLLECTION COST 16,100 16,100 0 0 0 0% 16,399 0 16,100 - 0% ELECTIONS 24,500 24,500 0 0 0 0% 0 0 24,500 - 0% MAINTENANCE 4,400 4,400 1,868 1,948 (80) 4% 4,142 7,470 3,860 520 12% OFRCE SUPPLIES 1,000 1,000 164 122 42 34% 784 656 1,050 (50) -5% MISC COPY 550 550 0 150 (150) -100% 315 0 550 - 0% POSTAGE 7.600 7,600 4,033 6,113 (2,080) -34% 6,283 16,130 7,600 - 0% COMMUNITYOUTREACH 11,000 11,000 6,162 6.469 (307) -5% 15,858 24,649 11,000 - 0% SMALL TOOLS/EQUIP 500 SOO 0 O 0 0% 87 0 500 - 0% PROF DEVELOPMENT/TRAINING 17,370 17,370 7,118 6,346 772 12% 14,856 28,470 15,250 2,120 12% LIABMITY INSURANCE 6,500 6,500 5,553 5,752 (199) 3% 5,242 22,212 5,560 940 14% TELEPHONE 640 640 104 217 (113) 521y. 730 415 440 200 31% UTILITIES - BLDG 1,120 1,120 184 220 (36) 16% 988 737 840 280 25% ASSET REPLACEMENT 3,350 3,350 838 0 838 0% 0 3,350 3,350 - 0% CONTINGENCY 95,000 95,000 0 0 0 0% 0 0 0 95,000 100% TRANSFERCUT 0 0 0 0 0 0% 28,314 0 0 0% 990,649 1,006,872 (16,324) -2% 4,666,122 3,962,195 4,661,410 109,000 21/6 Sub -Total M # 0 4,770,410 4,770,410 0% Capital Oullav EQUIPMENT 12300 12,300 421 0 421 0% 0 1,693 12,300 0% Sub -Total Capital Outlay 12,300 12,300 421 0 421 0% 0 1,663 12,300 - 0% Special Programs SHARPS PROGRAM 24,000 24,000 1,660 9,540 (7,880) -813% 21,747 6,641 9,960 14,040 59% HHW 30,000 30,000 5,398 8,974 (3,576) -40% 26,182 21,593 32,390 (2,390) -8% TELEPHONE BK RECYCLING 13,000 13,000 0 0 0 0% 12,069 0 13,000 - 0% LG OEM PICK UP 5,000 5,000 6,241 0 6,241 0% 4,034 24,965 6,240 (1,240) -25% USED TIRE ROUNDUP 700 700 0 0 0 0% 325 0 700 - 0% EDUCATIONAL TOURS 2,500 2,500 0 0 0 0% 176 0 2,500 - 0% PHARMACEUTICAL 10,000 15,000 820 0 820 0% 0 3,280 9,840 5,160 34% COMPOST GRANT 5,000 0 18,258 0 18,258 0 ^r• 16,423 73,031 18,260 (18,260) 0% Sub -Total Special Programs 90,200 90,200 32,378 $ 1,101,433 16,614 t 1,057,231 13,864 S 44,202 75% 4% 80,966 $ 4,876,238 129.511 S 4,405,732 92,690 $ 5,205,200 (2,690) $ 117,910 -3% 2% TOTAL EXPENDITURES S 5,323,110 $ 5,323,110 11m %change from teal year >_» -10% ' Fnance Pm*lvons reflwl the most r-I querferfy update 10/15110 1220 Expenditure Analysis 20- 000000 Liquid Waste Through 9/30/2010 FuII V.- _17,01 V..,_ _G, dl V.., NA" % charge from hat Year a% 3% Fire- Pmfedlom renecl the most recent Quarterly update • 10/15110 1� • Original Working Expenditures Change Run -Rate Analyst Analyst BUDGET BUDGET YTD YTD YTD 09-10 to Percent Full Year Projection Finance Projected Pro(. % n of Jul 1 '10-11 9/30/2010 91302009 YTD 10.11 Change '09 -'10 Full Year Projections Helena Remalnl EXPENDITURES Personnel SALARIES FULL -TIME 758,000 758,000 141,052 127,617 13,435 11% 748,362 564,207 663,000 95,000 13% SALARIES PART -TIME 0 0 0 1,266 (1,266) 100% 6,571 0 0 - 091a SALARIES BOARD 64,000 64,000 9,017 10144 (1,127) -11% 58,278 36,067 64,000 01. OVERTIME 29,550 29,550 2,688 5,306 (2,618) -49% 29,097 10,752 22,400 7,150 24% Benefits 325,990 325,990 57,891 59,205 (1,314) 7,109 -2% 3% 308,353 1,150,661 231,563 842,589 294,190 1,043,590 31,800 10% Sub -Total Personnel 1,177,540 1,177,540 210,647 203,538 133,950 11% Jk O PROFESSIONAL SERVICES 37,400 37,400 13,896 13,299 597 4% 63,558 55,585 49,400 (12,000) -"1?% DISTRICT MANAGER 0 0 0 25,288 (25,288) -100°. 66,495 0 0 - 01/6 LEGALSERVICES 100,000 100,000 15,697 24,818 (9,120) -37% 94.402 62,790 94,180 5,820 61/. ENGINEERING/ARCHTT SERV 90,000 90,000 11,968 15,007 (3,040) -2001. 85,991 47,870 71,810 18,190 200. PLAN CHECK/INSPECTIONS 132,750 132,750 36,503 28,063 8,441 30°. 186,520 146,013 215,840 (83,090) 63% FISCAL SERVICES 36,400 36,400 0 5,294 (5,294) -100°. 35,400 0 36,400 - 0% MEDICAUEMPLOY SERVICES 540 540 0 0 0 01Y. 381 0 540 - 01/. CONTRACT SERVICES 45,000 45,000 244 1,175 (932) -79% 1,858 974 45,000 - 0°. COUNTY COLLECTION FEE 17,000 17,000 0 0 0 0% 16,417 0 17,000 0% PUMP STN MAINT CONTRACT 54,060 54,060 10,229 4,232 5,997 142% 43,046 40,915 54,060 01. SEWER LINE MAINTENANCE 200,000 200,000 148,725 0 148,725 0°. 43,486 594,899 202000 01/6 ELECTIONS 45,500 45,500 0 0 0 0°. 0 0 45,500 0% BL DG MAINTENANCE 26200 26,200 2,978 3,399 (421) 12% 14,842 11,911 25,800 400 2% EQUIP MAINTENANCE 75,600 75,600 28,318 24,883 3,435 14% 80.603 113,274 72.130 3,470 5% TELEVISING SEWER LINES 25,000 25,000 0 0 0 0% 8.655 0 25,000 0% MISC SEWER WORK 150,000 150,000 14,500 0 14,500 0% 0 58,001 150,000 01. FOG PROGRAM 100,000 100,000 9,978 10,534 (556) -5% 107,695 39,912 100,000 W. SEWER LATERAL PROGRAM 150,000 150.000 42,275 0 42,275 0°. 0 169,101 150,000 0°. INFLOW REDUCTION PROGRAM 25,000 25,000 3,612 0 3,612 01/6 0 14.448 25,000 - 0% OFFICE SUPPLIES 15,000 15,000 1,475 1,101 374 34% 6,986 5.900 15,450 (4.50) -3% MISC Cow 5,000 5,000 0 1,391 (1,391) 1001. 3,672 0 5,000 01Y. POSTAGE 15,700 15,700 293 1,036 (743) -721. 7,613 1,172 15,700 - 0*. COMMUNITY OUTREACH 15,100 15,100 1,034 748 286 38% 13,918 4,135 15,100 - 0% SMALL TOOLSIEOLIIP 42,000 42,000 3,949 1,585 2,365 149% 4,167 15,797 42.000 - 0% MAINT MATERIAL/SLIPPLIES 40,000 40,000 6,305 4,958 1,347 271% 22,646 25,219 36,000 4,000 101. PROF DEVELOPMENT/TRAINING 92,390 92,390 27,339 15,897 11,442 72% 59,909 109,355 94,010 (1,620) -2°1. LIABILITY INSURANCE 72,000 72.000 60,162 58.157 2,005 3% 53,639 240,647 72,000 - 0% TELEPHONE 7.000 7,000 933 2,384 (1,450) -61% 6,999 3.734 5,120 1,880 27% UTILRIES 18,480 18,480 3,460 1,981 1,478 75% 8,889 13,838 15.970 2,510 14% WATER PUMP MAINTENANCE 4,000 4,000 184 180 4 2% 1,685 736 1,720 2,280 57% ELECTRIC PUMP MAINTENANCE 90,000 90,000 7,025 15.240 (8,216) -54% 76,054 28,099 90,000 - 01% ASSET REPLACEMENT 189,200 189,200 47,300 0 47,300 0% 0 189,200 189,200 - 01/6 CONnNGENCY 160,000 160.000 0 0 0 0° /, 0 0 0 160.000 100% TRANSFER OUT 0 0 0 0 0 0% 718,618 0 0 0% Sub -Total M 8 O 2,076,320 2,076,320 498,381 260,650 237,731 91% 1,834,146 1,993,525 1,974,930 101,390 5% Capital Outlay EQUIPMENT 143,000 143,000 4,627 0 4,627 01/6 0 18,507 143,000 0% EQUIPMENT 50,100 50,100 4,306 0 4,306 0% 127,095 17,226 50,100 - 0% Sub -Total Capital OLrileV 193,1 DO 193,1 DO 8,933 0 8,933 0% 127,095 35,732 193,100 0% 0°0 TOTAL EXPENDITURES $ 3,446,960 $ 3,446,960 $3,111,902 $ 2,871,846 S 3,211,620 $ 717,961 $ 464,188 $ 253,773 55% S MM 7% NA" % charge from hat Year a% 3% Fire- Pmfedlom renecl the most recent Quarterly update • 10/15110 1� • t meeun, va[e nemNumgor'yJ 10/26/10 VL !. r�•) � � ,�� r� y �� .�� 4. �'` .�i� `f _..t -/ .�f t�,t\ � f � ,� f it rF` -y r', J. !97 .....an Independent ,Specia[Distlict To: Board of Directors Via: Scott Carroll, General Manager From: Marc Davis, Treasurer Date: October 26, 2010 Subject: Investment Report for the Month of September 2010 Summary • Attached is the Investment Report for the month of September 2010. As required by the District's Statement of Investment Policy, the Investment Report delineates all investment activity during the month. Staff Recommendation Approve the Investment Report for the month of September 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 September 30, 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 LAW 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 October 26, 2010 Page 2of3 The weighted average stated rate of return (current yield) for the District's investment portfolio as of September 30, 2010, was 1.398 %. The yield to maturity of the portfolio was 1.426 %. The District's weighted average interest rate was 89 basis points (0.898 %) above the daily effective yield of LAIF, which was 0.500% as of September 30, 2010. The weighted average number of days to maturity .for the District's total portfolio was 818 days (2.24 years). The average duration of the underlying securities in LAIF as of September 30, 2010, which is the most current information available, was 185 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 September 30, 2010 was 50.02 %. As of September 30, 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 • 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. E Board of Directors October 26, 2010 • Page 3 of 3 Alternative Actions • • 1. Refer the matter back to staff Attachments Treasurer's Report of Pooled Cash and Investments as of September 30, 2010 3 Active Accounts: Bank of America Reconciling Items Total Active Accounts COSTA MESA SANITARY DISTRICT Treasurer's Report of Pooled Cash and Investments September 30, 2010 Bank Balance $ 46,674.39 46,674.39 Deposits In Transits Outstanding Checks Book Balance - 195,923.95 $ (149,249.56) - 195,923.95 (149,249.56) Market Adiustment Costa Mesa Sanitary District Pooled Cash and Investments by Fund September 30, 2010 CMSD Solid Waste Activities CMSD Liquid Waste Activities Asset Replacement Fund Total Pooled Cash & Investments Marcus D. Davis Treasurer /Director of Finance 1 10/19/10 Date $ 3,691,515.25 9,117,751.78 48,137.50 $ 12,857,404.53 • • It Market Value Increase Decrease Cost Investments: Local Agency Investment Fund $ 5,397,966.99 - - $ 5,397,966.99 Money Market/Sweep Account 1,108,687.10 - - 1,108,687.10 Federal Agency Securities 6,532,192.50 - 32,192.50 6,500,000.00 Total Investments 13,038,846.59 - 32,192.50 13,006,654.09 Total Pooled Cash & Investments $ 13,085,520.98 $ - $ 228,116.45 $ 12,857,404.53 Costa Mesa Sanitary District Pooled Cash and Investments by Fund September 30, 2010 CMSD Solid Waste Activities CMSD Liquid Waste Activities Asset Replacement Fund Total Pooled Cash & Investments Marcus D. Davis Treasurer /Director of Finance 1 10/19/10 Date $ 3,691,515.25 9,117,751.78 48,137.50 $ 12,857,404.53 • • It T n ® COSTA MESA SANITARY DISTRICT Investment Activity Summary September 30, 2010 C, • Total investments outstanding as of August 31, 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 September 30, 2010 2 $ 13,776,643.37 1,000,000.00 (999,989.28) (770,000.00) $ 13,006,654.09 COSTA MESA SANITARY DISTRICT Investment and Investment Earnings September 30, 2010 "Represents the LAIF daily rate at 9/30/10 3 0 0 Comments • A Interest CUSIP Purchase Maturity Coupon Investment Earned at Number Investment Date Date Rate Cost 09/30/10 n/a Local Agency Investment Fund n/a n/a 0.500% $ 5,397,966.99 n/a n/a Bank of New York -Sweep Acct n/a n/a 0.010% 1,108,687.10 n/a 3136FMGJ7 Federal National Mortgage Assn 03/30/10 12/30/13 2.250% 1,000,000.00 5,687.50 3134G 1 AS3 Federal Home Loan Mortgage 05/18/10 05/18/15 3.000% 1,000,000.00 11,083.33 3134G1 GZ1 Federal Home Loan Mortgage 07/07/10 07/07/15 2.750% 1,000,000.00 6,416.66 3136FMP24 Federal National Mortgage Assn 07/07/10 07/07/15 2.370% 1,000,000.00 5,530.00 3133XYXS9 Federal Home Loan Bank 07/12/10 01/12/15 2.350% 1,000,000.00 5,156.94 3136FM3D4 Federal National Mortgage Assn 07/28/10 07/28/15 1.500% 500,000.00 - 3134G1TR5 Federal Home Loan Mortgage 09/30/10 09/30/15 2.000% 1,000,000.00 - Totals $ 13,006,654.09 $ 33,874.43 "Represents the LAIF daily rate at 9/30/10 3 0 0 Comments • A J Is C COSTA MESA SANITARY DISTRICT Summary of Policy Limitations September 30, 2010 % of portfolio maturing under one year % of portfolio maturing over one year 50.02% 49.98% 100.00% Maximum % Unlimited Unlimited Unlimited Unlimited Unlimited Unlimited Unlimited Unlimited Unlimited 25%(1) 25% 25%(1) 25%(1) 20%(1) 40,000,000 20% 10% per fund (2) no less than 20% (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 09/30/10 U.S. Treasury Bills 0.00% U.S. Treasury Notes 0.00% Federal Agency Issues: FICB 0.00% FLB 0.00% FHLB 7.67% FHLMC 23.10% FNMA 19.33% FFCB 0.00% Other " 0.00% Banker's Acceptances 0.00% Certificates of Deposit 0.00% Negotiable Certificates of Deposits 0.00% Commercial Paper 0.00% Medium Term Corporate Notes 0.00% LAIF (Local Agency Investment Fund) 41.40% Shares of Benefical Interest 0.00% Money Market/Mutual Funds (Sweep Acct) 8.50% Total 100.00% % of portfolio maturing under one year % of portfolio maturing over one year 50.02% 49.98% 100.00% Maximum % Unlimited Unlimited Unlimited Unlimited Unlimited Unlimited Unlimited Unlimited Unlimited 25%(1) 25% 25%(1) 25%(1) 20%(1) 40,000,000 20% 10% per fund (2) no less than 20% (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 September 30, 2010 Total Federal Home Loan Bank Federal Home Loan Mortgage E.J. De La Rosa Purchase Description Broker /Dealer Date State Treasurer's Pool LAIF n/a Total State Treasurer's Pool Portfolio Value Money Market Mutual Fund Bank of New York n/a Total Money Market Mutual Fund E.J. De La Rosa 07/07/10 Federal Home Loan Bank E.J. De La Rosa 07/12/10 Total Federal Home Loan Bank Federal Home Loan Mortgage E.J. De La Rosa 05/18/10 Federal Home Loan Mortgage E.J. De La Rosa 07/07/10 Federal Home Loan Mortgage E.J. De La Rosa 09/30/10 Total Federal Home Loan Mortgage Portfolio Value Federal National Mortgage Association E.J. De La Rosa 03/30/10 Federal National Mortgage Association E.J. De La Rosa 07/07/10 Federal National Mortgage Association E.J. De La Rosa 07/28/10 Total Federal National Mortgage Association Total Investments "Represents the LAIF daily rate at 9/30/10 • Maturity Coupon Investment %of Market %of Date Rate Cost Portfolio Value Portfolio Comments Continuous 0.500% $ 5,397,966.99 $ 5,397,966.99 POOL 5,397,966.99 41.50% 5,397,966.99 41.40% Continuous 0.010% 1,108,687.10 1,108,687.10 SWEEP 1,108,687.10 8.52% 1,108,687.10 8.50% 01/12/15 2.350% 1,000,000.00 1,000,625.00 FHLB 1,000,000.00 7.69% 1,000,625.00 7.67% 05/18/15 3.000% 1,000,000.00 1,003,281.25 FHLMC 07/07/15 2.750% 1,000,000.00 1,004,610.00 FHLMC 09/30/15 2.000% 1,000,000.00 1,003,520.00 FHLMC 3,000,000.00 23.07% 3,011,411.25 23.10% 12/30/13 2.250% 1,000,000.00 1,004,375.00 FNMA 07/07/15 2.370% 1,000,000.00 1,012,812.50 FNMA 07/28/15 1.500% 500,000.00 502,968.75 FNMA 2,500,000.00 19.22% 2,520,156.25 19.33% $ 13,006,654.09 100.00% $ 13,038,846.59 100.00% 5 Id COSTA MESA SANITARY DISTRICT Investment Portfolio September 30, 2010 • ' Total Investment Portfolio Total Portfolio Weighted Avg Interest Rate Weighted Avg Yield to Maturity Weighted Avg Days to Maturity 'Represents the LAIF daily rate at 9/30/10 1.398% 1.426% 818 Days 2.24 Years $ 13,006,654.09 Investment Purchase Maturity Days to Coupon Yield to Investment Broker /Dealer Type Date Date Maturity Rate Maturity Cost Local Agency Investment Fund Pool 1 0.500% *` 0.500% $ 5,397,966.99 Bank of New York Sweep 1 0.010% 0.010% 1,108,687.10 E.J. De La Rosa FNMA 03/30/10 12/30/13 1,187 2.250% 2.250% 1,000,000.00 E.J. De La Rosa FHLM 05/18/10 05/18/15 1,691 3.000% 3.000% 1,000,000.00 E.J. De La Rosa FHLM 07/07/10 07/07/15 1,741 2.750% 2.750% 1,000,000.00 E.J. De La Rosa FNMA 07/07/10 07/07/15 1,741 2.370% 2.370% 1,000,000.00 E.J. De La Rosa FHLB 07/12/10 01/12/15 .1,565 2.350% 2.350% 1,000,000.00 E.J. De La Rosa FNMA 07/28/10 07/28/15 1,762 1.500% 2.229% 500,000.00 E.J. De La Rosa FHLM 09/30/10 09/30/15 1,826 2.000% 2.000% 1,000,000.00 Total Investment Portfolio Total Portfolio Weighted Avg Interest Rate Weighted Avg Yield to Maturity Weighted Avg Days to Maturity 'Represents the LAIF daily rate at 9/30/10 1.398% 1.426% 818 Days 2.24 Years $ 13,006,654.09 COSTA MESA SANITARY DISTRICT For all Maturities with Market Values September 30, 2010 Purchase Maturity Intuition Investment Date Date Broker /Dealer Type n/a Continuous LAIF POOL n/a Continuous Bank of New York SWEEP 03/30/10 12/30/13 E.J. De La Rosa FNMA 05/18/10 05/18/15 E.J. De La Rosa FHLMC 07/07/10 07/07/15 E.J. De La Rosa FHLMC 07/07/10 07/07/15 E.J. De La Rosa FNMA 07/12/10 01/12/15 E.J. De La Rosa FHLB 07/28/10 07/28/15 E.J. De La Rosa FNMA 09/30/10 09/30/15 E.J. De La Rosa FHLMA Total Investments "Represents the LAIF daily rate at 9/30/10 Coupon Par Rate $ 5,397,966.99 1,108,687.10 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 500,000.00 1,000,000.00 $ 13,006,654.09 7 • 0.500% 0.010% 2.250% 3.000% 2.750% 2.370% 2.350% 1.500% 2.000% Investment Market Cost Value 5,397,966.99 5,397,966.99 1,108,687.10 1,108,687.10 1,000,000.00 1,004,375.00 1,000,000.00 1,003,281.25 1,000,000.00 1,004,610.00 1,000,000.00 1,012,812.50 1,000,000.00 1,000,625.00 500,000.00 502,968.75 1,000,000.00 1,003,520.00 Net Accrued Gain /(Loss) Interest If Sold 5,687.50 4,375.00 11,083.33 3,281.25 6,416.66 4,610.00 5,530.00 12,812.50 5,156.94 625.00 - 2,968.75 3,520.00 13,006,654.09 13,038,846.59 33,874.43 32,192.50 r A J. • Type of Investment Purchase Date . Maturity Date FNMA 03/30/10 12/30/13 FHLMC 05/18/10 05/18/15 FHLMC 7/710 07/07/15 FNMA 07/07/10 07/07/15 FHLB 07/12/10 01/12/15 FNMA 07/28/10 07/28/15 FHLMC 09/30/10 09/30/15 Totals • COSTA MESA SANITARY DISTRICT Call Schedule September 30, 2010 • Coupon Investment Rate Par Value Cost Call Features 2.250% 1,000,000.00 1,000,000.00 Callable 12/30/10 w /10 days notice 3.000% 1,000,000.00 1,000,000.00 Callable 11/18/10 w/5 days notice, quarterly thereafter 2.750% 1,000,000.00 500,000.00 Callable 1/7/11 w /10 days notice 2.370% 1,000,000.00 1,000,000.00 Callable 7/7/11 w /10 days notice 2.350% 1,000,000.00 1,000,000.00 Callable 10/12/10 w/5 days notice and anytime after 1.500% 500,000.00 1,000,000.00 Callable 7/28/11 w /10 days notice, quarterly thereafter 2.000% 1,000,000.00 1,000,000.00 Callable 3/30/11 w/5 days notice, quarterly thereafter $ 6,500,000.00 6,500,000.00 0 I COSTA MESA SANITARY DISTRICT - MATURITIES DISTRIBUTION September 30, 2010 70% --------------------------------------------------------- ------------- - - - - -- ------------------------------ - - - - -- Cost 60% In Thousands ----- — -------------------------- -- -4229% 1 - 180 Days $ 6,506 50% -- ------- — ------------------------------------- — -- 181 - 365 Days - 40 1 - 2 Years - 30% -- ----------------------------------------- 2 - 3 Years - 20% -- ------------------------------------- - - - - -- -- 3 - 4 Years 1,000 7.69% 10% -- ---------------------------------- - - - - 0.00% 0.00% -- -- 4 - 5 Years 5,500 0.00% TOTAL $ 13,006 . , g �.. a,.r :,:� ®_ a. 1-180 181-365 1-2 2 -3 3 -4 4 -5 Days Days Years Years Years Years I Costa Mesa Sanitary District Yield Curve Data as of September 30, 2010 13 3.009/6 I —3 month T'Bi�� 6 month T-Bill 2 year T-Note 3 year T-Note 2.501/6 j- 5 year T-Note —CIVISID-monthly —LAIF-monthly 2.00% 1.50% 4. 1.00% 0.50% 0.00°/ -- 7� A- j �, I , i I OC Pool-monthly '4— :10,00 0 '0 0\ '.0 A\q , e ��ary�' ^��o ' pP�� 13 Special District Risk Management Authority Maximizing Protection. Minimizing Risk. 0 September 30, 2010 1112 I Street, Suite 300 Sacramento, California 95814 -2865 T 916.231.4141 F 916.231.4111 TO -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 Re: No Reported Workers' Compensation Claims in 2009 -10 Dear Mrs. Schafer: Meetin -Date Item <.N�mber J This letter is to formally acknowledge the dedicated efforts of the Costa Mesa Sanitary District's Governing Body, management and staff towards proactive loss prevention and workplace safety. Your agency's efforts have resulted in no reported workers' compensation claims for program year 2009 -10. This is an outstanding accomplishment that serves as an example for all SDRMA members! It is through the efforts of members such as Costa Mesa Sanitary District that SDRMA has been able to continue providing affordable workers' compensation coverage to over 350 public agencies throughout California. In fact, 224 members or 64% in the workers' compensation program did not have any reported claims in program year 2009 -10. In addition to this annual recognition, members with no reported claims during the program year can earn 2 credit incentive points (CIPs) thereby reducing their annual contribution amount (the agency must earn a minimum of 10 CIPs to qualify for this claims bonus). Also, members without claims receive a lower "experience modification factor" (EMOD) which also reduces their annual contribution amount. Since SDRMA is dedicated to serving its members and preventing claims, we would appreciate your agency taking a moment and sharing with us what made your District successful in preventing work related injuries. Our goal is to incorporate your successful ideas and suggestions into our loss prevention programs to benefit all members of SDRMA. Please forward any ideas or suggestions to Dennis Timoney, SDRMA Chief Risk Officer at dtimoney @sdrma.org. On behalf of the SDRMA Board of Directors and staff, it is my privilege to congratulate the _Governing Body, management and staff of Costa Mesa Sanitary District for their commitment to proactive loss prevention and safety in the workplace and for having no reported claims in program year 2009 -10. Sincerely, Special District Risk Management Authority J David Aranda, President Board of Directors An to alliance committed serving California Special Districts Association California's independent special districts 1112 I Street, Suite 200 CSDA Finance Corporation 1112 I Street, Suite 200 ,m,v.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 IVleatin Date Item <Ndrt��er 10/26/10 t It A _.� To: Board of Directors ...ran Independent Specia(Distikt From: Scott Carroll, General Manage Date: October 26, 2010 Subject: Strategic Plan Progress Report Summary On May 27, 2010, the Board of Directors adopted the Costa Mesa Sanitary District Strategic Plan for Fiscal Years 2010 -15. The -Plan is a top level planning document that will set clear direction over all operational aspects of CMSD's mission. It serves as a framework for decision making over the next five years. Staff Recommendation That the Board of Directors receives and files this report. Analysis To ensure staff is remaining focus on completing the strategic elements and goals identified in the Strategic Plan, a quarterly management meeting was established. The quarterly meeting is also helpful in determining the progress being made to achieving CMSD's mission, vision and core values. Attached for your review is a quarterly progress report that identifies the progress staff made for completing the strategic goals. I believe in the first three months of the fiscal year, staff has made great strides to achieving these goals. Staff will continue moving the organization forward to achieving its mission and vision and core values. The next progress report will be presented to the Board in January 2011. Strategic Element & Goal This item supports achieving the Costa Mesa Sanitary District Strategic Plan for Fiscal Years 2010 -15. Protecting our community's health and the environment by providing solid waste and sewer collection services. wurw.crosdcagov Board of Directors October 26, 2010 Paae 2 of 2 Legal Review Not applicable Financial Review Not applicable 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 October 28, 2010 Board of Directors regular meeting at District Headquarters and on the District's website. Alternative Actions Not applicable Attachments A: Strategic Plan Quarterly Progress Report • 40 • ® Page S0 CMSD STRATEGIC PLAN 2010 QUARTERLY PROGRESS REPORT (July — September 2010) Strategic Element Strategic Goal Timeline, Complete Comments. The National Clay Pipe Institute (NCPI) has finalized an acidic solution to soften the calcium so it can be removed with a hydro jetter. However, the solution and report was just delivered to Dr. 1.0 Sewer Infrastructure 1.1 Implement a Calcium Abatement 2010 -11 NO Jenkins, the professor who performed the original calcium analysis Program so he can test and substantiate the findings and conclusions. No timeframe for review is being provided, however, the matter should probably be wrapped up in 4 -6 months. At that time, we can start our calcium removal program. 1/I kickoff meeting occurred on Sept 3, 2010. The following accomplishments have been made: • 850 out of 4,705 manholes have been plugged and sealed. • Successfully removed infiltration as a source of water by repairing the only two "gushers" found during 2006 -2009 CCTV. Successfully reduced inflow for storms 1" ± per hour as evidenced by zero inflow from storm on Feb 26, 2010. 1.2 Inflow Reduction Program 2011 -12 NO • Successfully reduced inflow to 14 % -46% of peak flow as opposed to 200% of peak flow per OCSD model for east side area tributary to OCSD Dover Trunk. • Case Study of CMSD 1/1 program to be presented to OC WDR General Group meeting on Nov 18, 2010. Successfully partnered with CCM on a grant application for eliminating flooding on 17th Street and Pomona. The grant application is being considered for funding by the Santa Ana Watershed Project Authority. 1.3 Hot Spot Abatement Program On -going NA Currently analyzing the next 11 hot spots to determine the best method to structurally correct them. The following hot spot locations have been identified: Page 2 of 10 0 0 0 1. HS 65 Paularino at Trinity 2. HS 46 Anton at Bristol Street 3. HS 44 Bristol Street at Randolph (Project #183 -2 Bid Opening, Nikola Corporation) 4. HIS 17 Country Club /Golf Course Drive 5. HS 88 Hamilton at Harbor 6. HS 10 Puente at Victoria 7. HS 54 Norse Ave. at Brentwood 8. HS 87 Sanderling /Placentia 9. HS 90 Harbor s/o Sunflower 10. HS 89 19th at Monrovia 11. HIS 95 Randolph at Baker 1.4 System wide sewer replacement On -going NA Design plans and specs are being prepared for first 64 Grade 5 and repair program repairs. CMSD will piggyback on a LACSD public bid for cleaning sewer line where NPS was low bidder at $0.28 per foot for cleaning 8" sewer main. This compares to the $0.35 per foot CMSD is now paying 1.5 Sewer line maintenance cleaning PS, however, the $0.35 includes performing the 1% CCTV check program On-going g NA but the LACSD contract price does not include CCTV. $0.27 is the current lowest price going for cleaning work. A contract for NPS is currently being prepared for cleaning 494,000 If and will be for a three years with two one year extension options. Design plans and specs for the Irvine force main is currently being prepared. The District will be using a relining method called "pipe 1.6 Evaluate force main conditions on On - going NA bursting ". The next force main to review and consider is a regular basis Harbor/Wilson. The 8" Cast Iron Pipe (CIP) f.m. is 54 years old and carries a high flow (1,700 gallons per minute) from the west side of the Harbor/Wilson intersection to the east side of the intersection. Developed a quarterly staff meeting to review and assess current operating features of pump station and correct any deficiencies. In 1.7 Pump Station Maintenance & On -going NA addition, staff developed a private pump station maintenance Standardization Program program to help reduce private SSOs. Program will be kicked -off in Spring 2011. 0 0 0 • Page S0 Revised CMSD Operations Code by giving CMSD authority to issue administrative citations for violating wastewater discharge permit. Revised code will be presented to the Board in November 2010. 1.8 Fats, Oil & Grease Program On -going NA Developed a proposed Residential FOG Recycling Program. Sewer Committee approved the proposed program on Sept 14, 2010. Proposed program will be presented to the Board in November 2010. Since July 1, 2010, 31 SLA applications were approved and a total 1.9 Sewer Lateral Assistance Program On -going NA of $42,275 has been reimbursed to home owners during the three month period. Page 4of10 CMSD STRATEGIC PLAN 2010 QUARTERLY PROGRESS REPORT (July — September 2010) Strategic Element Strategic Goal Timeline, Complete Comments ; 2.0 Solid Waste 2.1 Explore commercial collection services 2010 -11 NO • Working with the City of Costa Mesa on studying current solid waste practices. • CR &R has put in service one brand new CNG 2.2 Encourage the use of alternative fuel 2012 -13 NO refuse vehicles on District routes. vehicles More CNG trucks will be added in the coming year. • Telephone Book Recycling Program begins on 2.3 Comprehensive school education On -going NA November 15. o p g Will be focusing on other programs in the coming months (e.g. waste free lunch, composting, etc). • Information regarding zero waste has been posted on the District's website. 2.4 Encourage zero waste On -going NA Since August 2010, 278 composting bins have been sold to the public resulting in 70 tons a year of kitchen and yard waste diverted from the landfill. • On August 26, 2010, the Board and staff received an oral report from CR &R regarding 2.5 Monitor advancements and technology in On -going NA their proposed conversion technology plant in the the solid waste industry Perris, CA. • Staff is exploring using lockable trash cans to prevent scavenging recyclable materials. • • • ® Page ISO CMSD STRATEGIC PLAN 2010 QUARTERLY PROGRESS REPORT (July — September 2010) Strategic Element Strategic Goal Timeline , .Complete: Comments Staff established contact,with Southern California'Edison _. hich; the" District no.w has an'SCE represegtative'assigned to it The District is'how enrolled in -SCE electronic :._ notifications program:' for planned outages -,.. is wi lt give, staff ample time to plan °for °planned 'outages to ensure `no interruptions. occur. The District.is coordinating with SCE pump station testing program where -SCE will performing testing on -pump,' 3.0 Partnerships "3.1 -Explore partnerships with other. utilities 2010 -1,1 YES ..stations. to determine if i they are operating in peak performance. =. The District submitted to-SCE our intention to participate 'in, the "Direct Access" program where the District will have-its choice in purchasing electricity .from and ind ependent Electric, Service - Provider - Partnered with:OCSD, that.wili.enable OCSD to provide' . secondary back up'fot SSO's. Entered into an agreernerit viiith WEROC to assist '. • . .. .. , .. . � " .:providing emergency response.' The District entered into an agreement with the:City of Costa'•Mesa'forfleet maintenance,:services., 3:2 Strengthen our ties :with Cities of Costa 201.0 The District is partnering with the City of Costa Mesa on . solid waste issues Mesa;NB:and the County of Orange . ' -.11 YES C The : ity of Costa Mesa vs assisting the Dittridt,wit h: code enforcement Page 6 of 10 0 0 . 0 Staff worked with City of Costa Mesa staff. on a gr ant, ,app licaton to SAWPA for inflow red action ont'1 g'h ". Street and Pomona Avenue: District was written and submitted several position letters regarding proposed legislation to the state legislature and 3.3 Strengthen our ties with our state and 2010 -11 NO to CSDA. federal legislators Submitted case report to Assembly member Huffman regarding flushable wipes. In August 2010, staff attended CASA's annual conference in Monterey. In September 2010, staff attended CSDA's annual 3.4 Participate in the activities of professional On -going NA conference in Newport Beach associations Participate in Municipal Equipment Maintenance Association. Attended California Society of Municipal Finance Officers (CSMFO) training. Staff participated in the Chambers annual golf 3.5 Participate in Chamber of Commerce On -going NA tournament, which is a fund raiser for the community. activities Staff attends the Chamber's monthly breakfast meetings. 0 0 . 0 • • CMSD STRATEGIC PLAN 2010 QUARTERLY PROGRESS REPORT (July - September 2010) Page S0 ..Strategic Element Strategic' Goal s Timeline Complete Comments 4.0 Public Relations 4 1 Develo Fac p a ebook page 2010 11' YES Facebook page.las been developed_and �t is ready to go live. User survey has been developed and is incorporated into 4.2 Develop user surveys to be incorporated 2010 -11 NO the District's website. into the District website and Facebook Survey still needs to be incorporated into District Facebook. 4.3 Develop a- survey card for,the. Sewer 2 010 -T1. YES - Survey card 'is.:complete , Survey.card "will tie included Lateral Assistance. Program with reimbursement check-to homeowners: 4.4 District branding 2010 -11 NO Nothing to report. 4.5 To ensure high level of customer service 2011 -12 NO Nothing to report. through effective management of contracts Staff submitted a 2010 award applications to CASA and CSDA for the District's Telephone Book Recycling Program. 4.6 Submit award applications On -going NA Received Honorable Mention honors from CASA for the District's Telephone Book Recycling Program. Submitted application to the CCM Planning Commission for Green Design Award for the District Yard. Page 8 of 10 CMSD STRATEGIC PLAN 2010 QUARTERLY PROGRESS REPORT (July — September 2010) o Strategic Element h.e Strategic Goal , Timeline .Complete Comments On August 26, 2010 the Board reviewed updating the 5.0 Administrative Mgt 5.1 Update Operations Code 2010 -11 NO Operations Code and directed staff to bring back more information. Revised update was submitted to the Board on October 28, 2010. A contract for records management has been signed. Work is expected to begin in November 2010. 5.2 Enhance Records Management Program 2011 -12 NO A new copy machine was leased that will improve the way staff scans and stores documents electronically. The General Manager is on the e-mail distribution list 5.3 Stay informed on applicable federal, state, from Public Policy Advocates, CASA and CSDA's and regional regulations On -going NA legislative branch. The GM receives weekly emails regarding the latest news on the State budget and proposed legislation. The District completed a comprehensive testing of the SCADA system at every pump station. SCADA was tested to determine if the District's first responder was On -going notified for power outage and high water. SCADA 5.4 IT Management passed at every pump station. The District is also 2010 -11 preparing to switch from a cellular to a radio a. SCADA NA communication system that will greatly improve SCADA's 2012 -13 reliability. The radio system will go live by the end of b. GIS 2010. C. CMMS 2012 -13 The GIS system is complete except for the input of parcel data. Staff is negotiating with the County of Orange for a fair and equitable fee. CMMS development is underway. 0 0 0 CMSD STRATEGIC PLAN 2010 QUARTERLY PROGRESS REPORT (July - September 2010) Page s0 N Strategic Element Strategic Goal T ime Complete Comments On, Au ust 26;'2010.fhe Board a roved an Emer enc PP 9 y. pera ons Plan °(EOP). 6.0 Personnel / 6.1 Enhance existing safety plari` 2010 t1` - YES Organizational Mgt Staff.is ordering supplies for: the Disfrids EOC and the .GM isdevelopiiig and preparing training`sessions,for :staff- to,attend:_ 6.2 Update personnel rules and administrative 2010 -11 NO Draft revision of personnel rules complete. Ready for regulations Administrative Manager to review and comment. 6.3 Redesign employee performance 2010 -:11 YES- Board approved the new evaluation forms. on July 22 evaluation forms 2010 6.4 Complete comprehensive succession plan 1 2011 -12 1 NO I Nothing to report. 6.5 Complete comprehensive salary study 1 2011 -12 1 NO I Nothing to report 6.6 Periodic Organization chart evaluation I On -going I NA I Nothing to report 6.7 Promote high employee satisfaction I On -going I NA I Nothing to report Page 10 of 10 CMSD STRATEGIC PLAN 2010 QUARTERLY PROGRESS REPORT (July — September 2010) Strategic''Element. Strategic Goal' Timeline Complete Comments.. GM met Finance staff on August 25, 2010 to review new 7.0 Finance 7.1 Develop quarterly budget report 2010 -11 NO budget report. New reports will be available in October 2010. 7.2. Develop financial reporfs`for'the website .201-1:112 ..YES. Reports,are available-on, the website 7.3 Develop an asset management program 2012 -13 NO Agreement with Brown & Caldwell is complete. B &C is authorized to proceed. 7.4 Develop a Comprehensive Annual Financial Report (CAFR) 2012 -13 NO CAFR will be submitted in 2011 -12. 7.5 Develop an appropriate sewer replacement reserve On -going NA Nothing to report 9 re p 0 I Meeting Date Item Number 10/26/10 IX. a.". To: . Board of Directors From: Scott Carroll, General Manage Date: October 26, 2010 Subject: Update Operations Code Summary ... an Independent Speciaa(District On August 26, 2010 staff presented an updated Operations Code to the Board of Directors. The Board directed staff to bring back more information regarding the alternate district engineer and six sections of the code pertaining to internal control mechanisms. 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 our community's health and the environment 6 yP ' rovidi g sold waste and sewer collection services. www.crosdcagov Board of Directors October 26, 2010 Paae2of4 ® Alternate District Engineer Originally, Section 3.01.045(a) was repealed in its entirety. This section was added to the code with some modifications. Specifically, the alternate district engineer reports directly the General Manager and he /she shall submit any bill for services directly to the General Manager. Internal Controls During the meeting on August 26, the District Treasurer submitted a written correspondence to the Board of Directors recommending you do not approve the proposed changes to sections 3.01.090(e), 3.01.090(g), 3.02.040, 4.01.010, 4.01.040, and 4.05.020. After consultation with District Counsel, the following changes were made to the referenced sections. Section 3.01.090(e) - The General Manager is still responsible for reimbursing Board member expenses; however only after the expenses are certified by the District Accountant that said expenses are eligible for reimbursements. This change ensures there are "checks and balances" in place. Section 3.0.1.090(8) - The General Manager is still responsible for establishing policies and procedures for utilizing credit cards. In fact, the District never had a formal written policy regarding the usage of District issued credit cards until I drafted and implemented a new policy and procedures. The new policy and procedures is ® more stringent than past practice where no employee can make a onetime purchase of more than $1,000 and no more than $5,000 can be spent in a given month. The only employees who have District issued credit cards are the General Manager, Clerk of the Board and Operations Manager. All credit card expenditures are monitored by the District Accountant. Section 3.02.040 - This section is basically backed to the original language with one exception. The word "payment" is replaced with the word "deposit" so that it's consistent with duties of the treasurer as described in Government Code Sections 53530 through 53683. Section 4.01.010 — This section is revised that identifies the General Manager being responsible for managing District enterprise and capital funds, which is basically the budget. The next sentence is back to its original language that gives the treasurer authority to open and maintain bank accounts and deposits, which complies with Government Code Sections 53530 through 53683. However, all transactions by the treasurer must be made available to the General Manager. This is a "checks and balance" stipulation. Section 4.01.040 — This section is back to its original language where the treasurer and president must sign for withdraws. r1 Board of Directors October 26, 2010 Paqe 3 of 4 • Section 4.05.020 - The General Manager is still responsible for approving warrants; however, the approval can only occur after warrants drawn in payment demands are certified by District Accountant. Again, this is in reference to "checks and balances ". 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. Recvclinq 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. Legal Review District Counsel has reviewed and approved to form the attached ordinance. Financial Review • Adopting the ordinance will have no financial impact to the District. Board of Directors October 26, 2010 Page 4 of 4 0 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 October 26, 2010 Board of Directors regular meeting at District Headquarters and on the District website. 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 0 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 seq. 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. Penalty. 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 Arid 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. is (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 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 Filin 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 fAdministrative Citations Section 1.06.010. Applicability. fa) This chapter subiects any violation of the provisions of this Operations Code to administrative fines. (b) This chapter establishes the administrative procedures that shall govern ,the imposition, enforcement, collection, and administrative review of the administrative fines pursuant to Government Code Section 53069.4. (c) The issuance of an administrative citation under this chapter is solely at the discretion of the Enforcement Official and is one option the Costa Mesa Sanitary District has to address violations of this code. The procedures established in this chapter shall supplement and be in addition to any criminal civil or other remedy established by law or under the provisions of this code to address violations of this Operations Code or violations of any other Costa Mesa Sanitary District ordinance Issuance of an administrative citation shall be cumulative to, and shall not limit or be deemed a waiver of, the use of any other remedy. (d) The purpose of issuing administrative citations pursuant to this chapter is to encourage compliance with the provisions of this code. e This chapter is intended to impose strict administrative liability on responsible parties for violations of this code. Section 1.06.020. Definitions. "Correction Condition" shall mean a code violation that pertains to a continuing plumbing, sewer, sanitary, or similar structural or zoning violation that does not create an immediate danger to health or safety. "Enforcement Official" shall mean any officer, employee agent or independent contractor with authority to enforce the Operations Code of the Costa Mesa Sanitary District or any other code or ordinance adopted by the Costa Mesa Sanitary District "Responsible Party" shall mean any of the following: (1) A person who causes a code violation to occur. (2) A person who maintains or allows a code violation to continue by his her or its action or failure to act. (3) A person whose agent, employee or independent contractor causes a ® code violation by its action or failure to act. (4) A person who is the owner of, lessee or sublessee with a current right of possession of, real property where a property- related code violation occurs. • (5) The owner, operator or other person in charge of a business where a code violation occurs. (6) A person who is the beneficiary under a deed of trust for property where a Property-related code violation exists. "Person" shall mean a natural person, legal entity, business, corporation, trust, or other entity and shall also include the owners, maiority shareholders, corporate officers trustees and general partners of any legal entity, business, corporation, trust or other entity. Section 1.06.030. Administrative Citation Generally. (a) Issuance. An Enforcement Official, upon making a determination that any provision of this Operations Code or any other Costa Mesa Sanitary District Ordinance has been violated, has authority to issue an administrative citation to a responsible Party or parties for the violation. An Enforcement Official may issue an administrative citation for a violation that is not committed in the Enforcement Official's presence if the Enforcement Official has determined that the responsible party committed a code violation. (b) Content. An administrative citation shall contain the following information: (1) Name of the responsible party. (2) Date of violation. (3) Code section violated. (4) Address or other location where the violation occurred. (5) Description of the violation. (6) Amount of the fine. (7) Procedure to pay the fine. (8) Warning that a failure to make a timely payment of the fine will result in a late payment penalty. (9) Description of the procedure for requesting an administrative review to contest the administrative citation. • (10) Description of the procedure for requestinq 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 reguesf 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 warning for any violation of this Operations Code or any other District ordinance. Section 1.06.050. Administrative Citation for Continuing Plumbing, Sewer, Sanitary, or Similar Structural or Zoning Violations that Do Not Create an Immediate Hazard. (a) Applicability of this Section. This Section shall only apply to a correction • condition(s). (b) Correction Period. A responsible party shall have thirty (30) calendar days to correct or remedy a correction condition prior to the issuance of an administrative • citation. A correction ep riod 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 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. C (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 subiect to disqualification for bias, prejudice, interest, or for anv other reason for which a fudge 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 Hearinq 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 ement Official shall constitute prima facie evidence of the respective facts 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 Hearinq 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 iudicial 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 hearinq and shall be presumed an admission of quilt to the code violation(s) indicated on the administrative citation. 2. Good Cause. Upon a showing of qood cause by the responsible partv, 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 partv is excused from the requirement of -payinq the administrative fine or appearing at a hearin 10 • Section 1.06.090. Judicial review. ® If an administrative order is rendered in favor of the District, the responsible part v 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. 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 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 ongoinq 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 partv. In addition, the District shall send notice by first class mail stating the date, time and location of the meeting to each property owner listed in the proposed resolution at least ten (10) days before the Board of Directors considers the resolution and certifies the amounts of the liens and special assessments. (4) A responsible Party may contest the amount and /or validity of any lien or assessment for a civil fine at the public hearing to certify the amount of the lien or assessment by the Board of Directors. Such contests shall be limited to the issue of the amount and /or validity of the lien or assessment and may not consider whether the underlying Code violation occurred. Pursuit of such a contest by a responsible Party is necessary to exhaust the administrative remedies concerning a legal challenge to the validity of any such lien or assessment. (e) The parent or legal guardian of a responsible party who is a minor shall be liable for any fines imposed upon the minor pursuant to the provisions of this chapter. Anv such fines may be collected from the minor. parent or guardian. r1 • 13 Title 2 Chapter 2.01 = Definitions is 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. E 16 (b) Board members shall also not engage in inconsistent, incompatible or inimical employment. Acceptance of an office that is incompatible with another office tautomatically 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. Alternate District Engineer and to ensuFe that the , +mplemented (a) District engineering work. A private civil engineer may serve as tThe District's Engineer and is authorized to perform civil engineering work on behalf of the District. District Engineer's siv+lengineer+Ag- proposal , Mgy_shal�-be reviewed by an outside rip vate civil engineer- _who shall review said proposals for appropriateness and reasonableness of cost. The Board may appoint such outside civil engineer as Alternate District Engineer. Such outside civil engineer shall report directly to the General Manager and shall submit any bill for services directly to the General Manager —Such review shall specifically be required for District's Capital Improvement Plan that is prepared on an annual basis. (b) Private engineering work within the District boundaries. Should the Maaage District Engineer perform civil engineering work for a private client that requires District approval, the Manage 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 Alternate District Engineer or other civil engineer havina authoritv to approve such plans on behalf of the District and in accordance with the procedure as described above (Ord. 68, 2008) 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 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 17 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 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 O 9 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. 19 (e) For all reasonable meals, transportation and lodging expenses, the General Managern,WiG �� may reimburse the Board member's expenses, after expenses are certified by District Accountant that said expenses are eligible for • reimbursements and prior to Board approval and obtaining 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 ManagerBimst�� 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, 200 7) 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) • 20 Chapter 3.023 - Officers and Employees Section 3.023.010. GeneralOistFW Manage . 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 3.023.020. District Engineer. The General Manager@e may appoint an engineer to design various projects for the District and to render engineering advice to the General ManagerOis#fict. 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 3.023.030. 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 3.023.040. Treasurer. Pursuant to Health and Safety Code Section 6001, the District shall appoint a treasurer to be responsible for the safekeeping, investment and deposit..payment of District monies. 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 3.023.050. 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 3.023.055. 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. 21 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 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 Generalt Manager. The Generalt 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 Generalist Manager shall render a decision based on the above factors which shall be final and conclusive. (d) The Generalt Manager shall report to each appointee the fact of the appointee's suitability for District service. In the event the GeneralDeStroGt Manager determines that the character and background of an appointee makes the appointee unsuitable for District service, the Generaltst Manager shall take appropriate action. (Ord. 70, 2008) Section 3.023.060 Administrative Regulations. The General+et 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 3.023.070. 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 ManagerEear-d 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 0 Title 4 Chapter 4.01 a 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 *'°��er shall dmims+e,:, payout, invest and th ..,se be responsible for managing the hae of District enterprise and capital funds. -The treasurer 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) All transactions made by treasurer must be made available to the chief financial officer. 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 Treasurer 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 GeneralOistg Manager or his /her designe 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 4.023.010. 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 4.034 - Financial Policies Section 4.034.010. Summa . 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 C C 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 Eguity. 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 Managernent/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 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. Long 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 staff's 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) 28 • • Section 4.034.080. 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 4.043 Purchasing p _ g 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 purchasinq 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 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 1.0. "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 followinq: 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, includinq 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 proiect 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 general manager or his or her designee(s). If the general manager designates one or more persons to act in this role, the purchasinq officer(s) shall serve at the pleasure of the general manaaer. The duties of the purchasinq officer mfr be combined with those of any other officer(s) or position(s). Section 4.04.050. Purchasing Officer - Powers and duties. (a). The purchasinq 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. Prepare and implement policies and procedures governing the bidding, contracting purchasinq 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 anv 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 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 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. • 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 _ a q a horny 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: Anv purchase of $5,000 or less may be awarded by the -general manager or his or her designees) 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 twentv -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). Purchasin 4 pp 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 anv 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. 40 33 Section 4.04.090. 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 4.04.100. 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 proiect is to be performed which is subiect 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 • • 0 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 Proiects 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). (q). District's Authority: The District may reiect 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 inviting formal bids shall be published at least 14 days before the date of nneninn a newspaper of general circulation as defined in Section 22037 of the Act. The notice shall also be sent to all construction trade iournals 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 proiects subiect 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 part y 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 40 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." 0 36 . .......... I MW 1- --- - i Q� 1 a _, - rarest. _ MM ■ . ... , ; ; MFM3 - BOEHM ME ■ ... ... a _, - - MM ■ . ... , ; ; MFM3 - BOEHM ME ■ ... ... ArM4=C". =ffi ■. ... . ... WMWR i; ONMr ■. ... Section 4.046.13060. 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. Siqnature. 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. • IN Chapter 4.057 - Payments ® 4.057.010 Purpose. This Chapter enacts procedures for the payment of claims consistent with Government Code Section 53910 et seq. • C7 4.057-.020 Payments Conforming to Budget. The District Board of Directors delegates to the General ManagerT+easuTeT the approval of all warrants, including payroll after warrants drawn in payment demands are certified by District Accountant as conforming with the, adequate appropriations that have been previously approved and adopted by the Board. Budgeted demands paid by warrant prior to audit by the Board of DirectorsThe T -Feasl r MuiFed to subsequently Q omit to the d excluding payroll, shall be presented to the Board of Directors for ratification and approval at the next regular Board meeting after delivery of warrants . 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) 39 TITLE 5 is 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 LAFCOj 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. 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) C, 40 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 (f) Such other conditions as the Board may uniformly impose from time to time. 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 211111982) Section 67-.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 67-.034. 0 (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. Manor 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 Manage Engineer; (c) Deposits with the District shall have been made of a sum of money established by the District DistFiGt Manage Engineer against which the District may draw to cover said sewer plan approval and inspection; 0 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. ® (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. 40 (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 71811984 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- Manage4Engineer 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 Manager/ Engineer; and (d) No right -of -way documents will be offered to the District Board for acceptance and recording until the District Manager/ 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 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. C7 (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 Manage 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. (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 nnRage;TEngineer. (Reso. 94 -552, 1994) 45 Chapter 67.023 - Sewer and Lateral Maintenance • Section 67.023.090. 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 67.023.020. 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 67.023.030. 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 67.203.040 Sewer Lateral Assistance Program. 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) • M I Chapter 67.034 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. • 67.0_ 34.030 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 Managern ° �+ 1lflnnonar, and Inspection staff shell review the CCTV inspection report and will assess whether the existing lateral is sufficient in its is 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. 6-7.034.040 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, 2007) • "Chapter 67.045 - • 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. 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. (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 pavment 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 be innin and endin balance of the fund and the interest earned ( ) g q g 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. is 50 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 adiacent thereto, for the purpose of permitting sewage to flow into a District sewer. (c) i 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 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. (i) Public Corporation. Shall mean any city, district or other public agency duly authorized under the laws of the State of California. 51 W Sewerage Facilities. Shall mean any facilities used in the collection, transportation, treatment or disposal of sewage and industrial waste. 0 (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 propertv 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 subiect to or is beina made subiect to a service contract between real propertv 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. 0 (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 auantitv of sewaqe 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 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 iudgment 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 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 California. Contractors performing work pursuant to a contract with the District shall comply with the insurance requirements of the contract documents. (i) 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: �- _ m ••• C-Siff mum 54 • C-Siff mum 54 ■ ■ ■ ■ sm =10 ■ ■ ■ ._ ■ ■ - - 2w GAS 55 C� �. IVA H 1 tr.Tl.0 ■. ■ ■ ■ NMEMI ■ ■ . �� 57 (a) Fixture Fee Permit Charges, Plumbing Unit. A charge per fixture shall be collected from new construction as follows: 0 FIXTURE FIXTURE FEE Bathtub $34.5015.00 Laundry Tub or Washer $34.5015.00 Shower $34. 5045:00 Sink, bar 17.25750 Sink, Kitchen $34.5015.00 Wash Basin 17.257:50 Wash Basin (Set) $34.5015.00 Water Closet (Toilet) $103.5045.00 Bidet $34. 50450 Dental Units 17.2579 Drinking Fountains 17.2570 Floor Drains $34.5oi 80 Interceptors for Grease, Oil, Solids, Etc. 51.75 -50 Interceptors for Sand, Auto Wash, Etc. $103.5045.00 Laundry Tub or Washer (Self Service) 51.7522-.50 Receptors 51.75 -50 Shower, Gang - Per Head 17.257:50 Sinks, Bar - Commercial 34.504509 Sinks, Commercial or Industrial $51.7522750 Sinks, Floor $17.257750 Sinks, Flushing Rim $103.5045.00 Sinks, Service 51.7522-.90 Swimming Pool 19045.00 Urinals, Pedestal $103.5045.00 Urinals, Stall 34.504590 Urinals, Wall $34.5015.00 Urinals, Wall Trough 51.7522-A-0 W • • (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 10.00 per fixture unit. • u (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. _. ■ Rs ■ ■ A. ■ SIM _. ■ 59 -_ A. ■ SIM ■ ■ . 59 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 $120.00650 (b) Plan Check and Inspection Existing lateral $570.00300 New lateral $640.00 New manhole to property line $1,415.000:00 Construction of new facilities for dedication to the District $10.00 per linear foot�� but. met 1e6G; #kan- (c) Annexation Fee. The Costa Mesa Sanitary District share of the annexation fee is $2,500.00 1,585.00 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 $12066.00 and the pIaR GheGk ;RE^°^+;^^ 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 • 60 • where District administrative and inspection services are required. (Ord. 20, 49&975, 2010) (Reso. 94-55 94 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 67.045.110. 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 67.045.120. 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 67.045.130. 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-.045.140. 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-.045.150. 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. 20L, 1989 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. 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 67-.056.060. Exceptions. collected or facilities installed for which agreement. (Ord. 21, 1989) (Reso. 94 -552, This Chapter does not apply to any money the developer is given a reimbursement 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) M, • is • 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 g e ng 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) RE, Chapter 6-7.079 Grease Control Section 67-.078.010. 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) 0 Section 67-.078.020. 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) 0 Section 67-.078.030. (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; • .: (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 67-.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-.078.044 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-.078.060 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 67-.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) • 0 •: Chapter 67-.844 ® 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 (SSMPJ. 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. 11 (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-.844.040 Installation. Testing and Inspection. The District requires that all new or rehabilitated sewer installations be tested and inspected pursuant to the - provisions. of Title 6-7 of the District Operations Code and a permit is required for such connections. RE 67-.84-4.050 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) • • i/R 1 Title 740 9 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 Section 74- 0.01.040 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 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. L74-7, 20074) ON.. . ,. .. 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. L74-7, 20074) 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 III'MINVOTTZ311M."M A.". _. .. ,. .. 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 74. 0.01.060 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, 200 1) (Ord. 49, 2005) Section 7440.01.070 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 748.025 - Annual Trash Charges Section 748.025.010. 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 740.025.020. 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 740.025.030. 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 740.025.040. Filinq 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) • 74 1 Title 844 0 Chapter 844.01 - Recycling Section 844.01.010. 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 Jall colors) aluminum and metal cans cardboard, newspapers, magazines, mixed paper, and plastics (PET (marked with "1 "), HDPE (marked with "21, PVC (marked with "31 LDPE (marked with "41, PP (marked with "51, 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) 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, subiect to all profits are used to help maintain rate stabilization for collection services. • • 76 Title 946 • 1 Chapter 946.01 — Sewer and Trash Charge Exemptions and Reductions P 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) • C11 Chapter 945.02 — Sewer and Trash Refunds 91 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 946.02.020. 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 946.02.030. 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 945.02.040.. 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.) 0 (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) WE Title 1048 C7 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 General t ManagerA&Kj ;ew 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 Dis#FicA ManagerAEP@ineef 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 (CAL /OSHA). (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) • 0 • 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 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 1048.03 Emergencies Section 1048.03.010. Purpose easy FeTeFeRGe to some et those alltheFwtwes iR the eveRt of an . 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 earthguake 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 1:31 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. • (q) Other terms used herein shall have meanings as used in the California 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 MOM - 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. 19 Street) and the other at the Yard 0 74 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 emeraencv services by the officials and persons named for this purpose, and in the order specified, in the EOP of the District. n 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 emergent' or other condition of disaster, unless otherwise ordered by the Board of Directors, shall be Vice President followed by the Secretary and then the remaininq 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) EN 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 U 2010. 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 October 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 October 2010: Clerk of the Costa Mesa Sanitary District • I Meetinq Date Item Nd�il 10/26110 IX. �C To: Board of Directors ... an Independent SpeeialDistrict From: Scott Carroll, General Manage Date: October 26, 2010 Subject: . Solid Waste Study Summary On August 26, 2010, staff recommended to the Board the hiring of a professional consultant to conduct a comprehensive solid waste study. Staff recommended the appropriation of $75,000 to conduct the study; however, the Board felt this was too expensive and directed staff to look into participating in an internal solid waste study conducted by the City of Newport Beach After the August 26 meeting, staff has come across new information and is requesting the Board to reconsider conducting a solid waste study Staff Recommendation That the Board of Directors directs staff to conduct a Request for Proposal (RFP) procedure for hiring a professional consultant to perform a solid waste study and appropriate $50,000 from the Solid Waste Reserves. Analysis As per the Board's direction, staff contacted the City of Newport Beach to determine if we can "piggyback" onto their solid waste study. According to Newport officials, the study, which will be conducted internally by City staff, is not a high priority right now. The City acknowledges that it has many commercial haulers under its open market program and the City also acknowledges that politically it is impractical to have a single exclusive commercial hauler in Newport Beach, but the study will try to determine if the number of haulers can be reduced to about half dozen. The City operates its own in -house solid waste collection program for residents. ® Protecting ur community's health and the environment 6 providing solid ng ty y p ng waste andsewer collection services. www.crosdcagov Board of Directors October 26, 2010 Page 2of4 The Board mentioned that the District conducted a comprehensive solid waste study a few years ago and there was no need for another study. I had staff obtain a copy of the study for me. You will see in Attachment A is a copy of the study, which consist of a residential trash collection survey that was conducted in October 2003. This study was conducted internally by staff. The data on this survey is now seven years old and believe it is old and outdated. Furthermore, the proposed study would go deeper into the analysis of solid waste and recycling services in Costa Mesa. Below is the scope of work I had in mind. • Residential Rate Survey — The City of Irvine did a recent trash survey, so we know where CMSD stands with other jurisdictions (CMSD has the third highest rates in the County). The proposed study will compare CMSD's administrative /franchise fee with other jurisdictions and then compare all the rates without this fee to see where CMSD stands in the survey. Since we have the highest administrative /franchise fee at 17% its possible CMSD will be in the middle of the survey without the franchise fee. • Commercial Rate Survey — The City of Irvine also did a commercial rate survey, but Costa Mesa was not included because the City has an open market. The proposed study will survey the six franchise haulers serving Costa Mesa and compare their rates with and without franchise fees. The study will try to obtain an average rate for once a week collection, but that may be • challenging because I believe the haulers base their rates on volume. After obtaining this data, the study will then compare the average rate with the commercial rates throughout Orange County including with and without franchise fees. • Exclusive Franchise — The study will look into the feasibility of Costa Mesa having an exclusive franchise for residential and commercial hauling. An important part of this study is to calculate the green house emission reductions by having the exclusive franchise use CNG trucks instead of diesel. The study will also look at the impacts or minimal impacts an exclusive franchise has on street maintenance. The study will describe the pros and cons for having an exclusive franchise and the likelihood of obtaining a low commercial and residential rate if there was a competitive bid process. • Revenue — The study will determine how much revenue will be generated from having an exclusive franchise for commercial and then determine if this amount is more or less than what the City is currently receiving in revenues from their current open market structure. This is important because if it turns out the City will receive less revenue from an exclusive franchise it will be difficult to change the status quo on commercial hauling. • Diversion Rate — The study will determine if I there is room to increase Costa • Mesa's diversion rate by having an exclusive franchise. It will also study the effectiveness of a co- mingled system versus a source separated system. Board of Directors October 26, 2010 Paae3of4 • • Business Support or Opposition — The consultant conducting the study will engage in the business community, including the Chamber of Commerce, what they like or dislike about the open market structure and to determine if the business community would support an exclusive franchise. • Project Report and Presentation — The consultant would prepare a final report and give oral presentations of his /her findings to the Board and to the Costa Mesa City Council. I submitted this work plan to a professional consultant who has experience conducting such studies and requested a courtesy bid from him. The consultant's cost for the services mentioned above is $47,000. If an RFP process is conducted there is a possibility that this cost will be reduced. On September 14, 2010, the Costa Mesa City Council discussed solid waste and franchise fees in one of their study sessions. The City Council and staff wanted to have an open dialogue about street wear and tear caused by refuse trucks, the effectiveness of co- mingled systems, high rates, competitive bidding, solid waste diversion, etc. In the end, the City Council directed staff to continue working with District staff on solid waste issues that will benefit the community as.a whole. ® The proposed study is an excellent opportunity to work with City staff side by side on solid waste issues. I am suggesting that City staff be involved in the study by helping evaluating the RFPs, participating in the study by answering questions and submitting data to the consultant, observing meetings with District staff between the consultant and business community, reviewing the final report, making recommendations, etc. Solid Waste Audit Another option I was considering is performing an audit on CR &R. Audits can prove to be very beneficial in recovering any payment discrepancies. Most jurisdictions allow their franchise hauler to collect the monthly fees directly from their customers and then hauler remits to the jurisdiction a percentage of their franchise fee from the gross receipts. An audit could help determine if the hauler was underpaying the jurisdiction or not. However, as you know, our system does not work that way. The only revenues we depend from CR &R is from the addition container program, which only generates approximately $115,000. The majority of our revenues come from the County through the property tax roll. When CR &R sends us a bill for the transfer station staff will compare the tonnage disposal on the invoice with the tonnage slips from the transfer station to ensure accuracy and no overcharges are occurring. Due to the checks and balances we have in place for payments and the reliable revenue source from the County, I don't believe an audit on CR &R is necessary. Strategic Element & Goal ® This item supports achieving Strategic Elements No. 2.0 Solid Waste, and 3.0, Partnership, and Strategic Goals No.. 2. 1, Explore Commercial Collection Services and 3.2, Strengthen our ties with Cities of Costa Mesa, Newport Beach and the County of Orange. b Board of Directors October 26, 2010 Page 4 of 4 Legal Review Not applicable Financial Review Staff is estimating a solid waste study cost $50,000 or less. The District has available funds in the Solid Waste Reserve account. 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 October 26, 2010 Board of Directors regular meeting at District Headquarters and on the District's website. Alternative Actions 1. Do not approve performing a solid waste study. • Attachment A: October 2003 OC Residential Trash Collection Survey Reviewed by: Sherry Kallab Administrative Manager • • Costa Mesa Sanitary Distri Orange County Residential Trash Collection Su ' Revised October 2003 (714) 754 -5087 is "` L Unit S156.84; 2 Unit, $241.68; 3 Vnit, 1319.68; 4 Units 5401.28; 5 UnitS $475.20; 6+ Commercial Account Direct w /Hauler ee Administrative Services Charge (City Does Billing /Sets Up Accounts) Total SFR T.MMFR Any Manual, Contractor Prolecled Heula'Contrect Evergreen or Monthly Monthly Varlable DN-ion Nama of S. Perale Size of Who 0w Can Coat of How Billed By Semi, Fully- Required 2004 -05 Rate Bid or Rollover Contractor Who Provides A ency Trash Rate Trarh Rale Rata HeulerlRecyclar Con[einers Mixed Cans Cans Manufacturer Cans Cob's Whom Automated any Financing Frankly$.# Franchise Fee Increase Negotiated Provision Pertormence Etlucafion Spci.i Programs $13.11 /35 gat Bieck. G_ CKY of Afiso Viejo $15.20/67 gal WA SOLAG 35&W a even - Cky Owns Appmx.l %- 3 Bulky Item Pickups Up Per year, up to 20 Republic Industries Black 9. Black, $48,000 Into Items , Ed on By Marcia Meyers, HHW as Anaheim Mixed 60 & 90 Green; Haule Roto $50.75/ Green, City Utility Fully- Sankndon Fund 2% As Of Collection Cerder, Transfer gft of Anaheim 15.20 16,03 Yes 50% Disposal Yes R cables Gallon Owns Brown Industries 55.50 Brown Bill Automated No yes On 7 100 N otlated 15 Years Excellent Hauler fl =Station, Station and R In Center. 109b- $4 96,000(25% Into General Taormina Bloc , Tan, Fully- Fund, 75% Slurry Cltv M Brno s 15.12 s iol A d No 32% Industries Yes No 13 Galion Hauler NIA A Green 8 Automated N A Yes Seal ) Unknown Necotiated Yes E.- hit Hauler Bulky Item Pickup. $.82 per month/residentlai 112.82 & ' IN-Monthly /5% for 3.88%/com Cltv of Su em Park 112.40 NIA No 50% Park Drs I No Yes N/A Resident .1A ./A N/A on Water Bill Manual N/A Yes commerdal I mercial Nenotiated 10 Years Excellent Citv & Hauler Large Item Collection, Christmas Tree Recycling, OpeN 16 Pennitte0 Open/ Permktees & Telephone Book Recycling, Used Oil Residential qty Of Costa Mesa N/A Com N/A 54% Haulers .1A N/A NIA N/A N/A N/A N/A N/A N/A N/A No N/A N/A ComDetMv e NIA Good city Pickup, Used Tire R din . Large teen n a ear us - Call -In Per year, Telephone Book Recyding, Christmas Tree Recycling, Greeting Card ' Recycling, Home- Generated Sharps cy Recling, Tire Recyclmg, Household Hazardous Waste Costa Mesa Costa Mesa 35, 60, 90 Roto Property Tax Semi- (HHW) Beverage Container Recycling, Bonita District 17.43 N/A No 51% I No Yes Gallon CMSD Industries Green Roll Automated N/A Yes A Unknown otiated yes Excellent CMSD Newsletter Public Educator. 8 %- $120,000 $39.00- Reskkntkl, Beverage container recycling, telephone book 60 Gal $235,480 recycling, hoiday tree recycing, used oil 143.00 - Commercial / Hauler For recycling, public education. Hauler Provides 2 60 & 1D0 Robb 100 Tan & BI- Monthly Fully- Yes -For Goes Into New /City For Sulky Item Pick -Ups Per Year For Every Cft M ress $15.91 $13.02 No 56% Bricloeman Dispose Yes No Gallon Cltv Industries Gallon Green on Water Bill Automated Containers Yes General Fund Unknown Neootlated Eve Teen Good Oncomo Residential Unft. $12.24/67 ras Recydables - Quarterly Newsletter, Bulk Item Pickups, Mulch Gal. Black, Auto, 5 %- $67,000 Giveaway Events, Hauler has booth at Clvk $11.04/30 Mixed 35 & 67 Roto Brown, CR&R BIBS Greenwaste Goes Into SUIT In Up For ed I Events, School Education, Two Clean -U Day C of Dana Point Gal. 06.86 Yes 38% 1 CRIURISOLAG yes R cables Gallon CR&RISOLAG Industries N/A Blue Ou.,triv Manual N/A Yes General Fund None Existence 2006 Good Hauler & O Events at three locations in City. $114.91/mo - Christmas Tree Recyding, Telephone Book 3 yard bin Recycling, Large Item Pickup, Used On Recycling, City of Fountain for once a 32 Galion City Water AsphalVConcrete for city programs Recyding, Valle 16.66 w cku No 51% Rainbow I No Yes Maximum Resident N/A N/A A Bill Unknown N/A Yes Yes 5% Unknown N Yes School Outreach Public education $114.50 /no MG DlsposaV for once a Taken To - Taormina Greenwaste Up to 45 Water/ Trash Proposed-Not City & MG CRY of Fullerton $13.60 week pickup NIA MRF Industries Onh, Yes Galion Resident NVA N/A N/A Blg By city Manual N/A Yes Adopted Yet 3.4% Neootlated No Ixcellem Disposal Home Compostinc, Workshops. Used Oil ram. Property tax Free Compost Ghreaway (Annual), Annual Taormina Green, & Direct Mail 8.5% Residential Recycle Newsletter Direct Maned To All Accounts, City o1 Garden Industries/ Garden Roto Black, Quarterly by Fully- 2.5% Hauler & School Outmadi, Earth Day, Recycling Resource Grove 16.45 S117.43 NIA 1 52% 1 Grove Disposal -Yes No 110 Gallon Hauler Industries S45.00 Brown District Automated No Yes Commercial- None Negotiated Rollover Excellent District Center At Garden Grove Realonal Ubra . $117.68 /mo Commercial Only 3yard bin for Monthly On 3 %- 1360,000 15 Year City of Huntington once a week 32 Gallon City Water Goes Imo The Evergreen City/ Hauler HHW Pickup, Large Item PkkupMRF (Materials Belli 917.44 Dickuo No 67% Rainbow Disposal No Yes Maximum Resident N/A N/A NIA Bin Manual N/A Yes General Fund None Neuotlated Provision Very Good Task Face Recovery Fall Tours. 5 %- $250,000: All Green, ' 60% General Depends on Ud Fund/40% Waste City/ Hauler Used Oil Recycling Program (State of CA Gram), a of Bins & Extra for 35, 64, 96 Denotes Contractor Fully- Management Fixed Thro Partnership; Parks (Beverage Container /Utter) Recycling (CA Cltv of Irvine $10.65 Freauencv Add'I Carts 50% Waste Manacement yes No Gallon Hauler Tabor A TvVe Bins Directly Automated N/A I Yes RecvdIno Fund N/A Negotiated 2001 Good Hauler Funds Gram ). Bulky Item Collection Free Tw r . 3 %- 5 Gray -Trash R IdendaV7% _ Yr.EVergreen Depends On / 81- Ind.& Commerce . Should Used Oil Recyding Program (CA Grant), Parks Size & 35, 64 & Waste Waste Included Ra l'cs/ Monthly By Fully- Goes Into The Original Was change to 8 (Beverage Container /Litter), Bulky Item Cltv of Lo Habra $14.00 Yes 39% Waste Mannoement Yes Yes 96 Gallon Manadement, Man men In Rate Green -Yarn city I Automated N/A yes General Fund None I Biel year Good Hauler & city Collection Free Service-4 Per 5 %- $70,000 Contract 10 Goes Imo The Year lb ed Cft of La Palma $14.14 No 5D% Park Disposal No Yes NIA Resident N/A NIA N/A Park Disposal Manual No Yes General Fund Feb -03 Ned otlated Term Excellent Hauler MRF Materials Recovery Fadl Tours. Tiered Rate Green 10 %- Commercial Bid 1972 - Contract City .Cfty of Laguno Structure By Waste Manageme Mixed 35, 64, 96 w/Varyog Property Tax Sarni & Fully Only; $120,000 Recent as Expires w /Haulers Bulky Item Pickup, BI- Annual HHW Roundup, - Bosch $13.77 Llydts" No 45% of Oran a County Yes Recvclables Gallon Hauler Cascade N A Lids Roll By Automated No Yes General Fund None Necotlated 6/2008 Good Assistance Hollfdav Tree Recycling. 3 Cub" Yard Bo 167.81 Extra for Black, $100,000 Goes City of Laguna Once A W Atld'I Mixed 35, 67, 90 Brown, Quarterly By Fully- Into The General 2.55% As 2 Free Bulky Item Pickups Per Year, Hauler Pkfks Hilfs 13.13 Service Pldk s - 29% SOLAG yes R cables Gallon Hauler N/A A Gram Hauler Automated Na Yes Fund ]ul 12000 ed No Good Hauler the Trash At the Bus St "` L Unit S156.84; 2 Unit, $241.68; 3 Vnit, 1319.68; 4 Units 5401.28; 5 UnitS $475.20; 6+ Commercial Account Direct w /Hauler ee Administrative Services Charge (City Does Billing /Sets Up Accounts) Costa Mesa Sanitary District (714) 754 -5087 Orange County Residential Trash Collection Survey Revised October 2003 SFR= Single Family Residence _ MFR = Multi- family Residence Di.Vicl •Ub.kh-. cost of a ion from prop" lax myer . DiabikI4 monthly coat b pray We trash =164 lon ii-os avaragss S12 ho Sl&Wonm Tolel SFR Total MFR AnY Manuel, Contractor Projected Heu Wr Contract Evergreen or Ma nlhly Monthly Variab la Diversion Nema of Se Parate Size of Who Owna Can Coal of How Billed By Semi, Fully- Any Required 2000 05 Reta Bid or Rollover Contracl,, Who Provides Agency Traeh Rata Trarh Rolle Rata % Hau Wr /Recyclar Containers Mixed Cans Cenci Manufacturer Cans Colors Whom Automated Financing Franchise Franchiaa Fee Incraaae Negotiated ProvWion Performance Education Special Prog,ame 113.22(2 -35 5 %- 1161,000 City oT Laguna gal)114.44(2 35 & 60 Blue & Quarterly By Fully- Goes Into The Hauler & I 60 t ) $W.91 Yes 40% CR &R No Yes Gallon CR&0. N/A N/A Black Hauler Automated No Yes General Fund None Negotiated Evergreen Great SOLAG Q-tedy Newsletters. Included In Professional City of Laguna C&N Waste 35, 64, 96 Resident a Monthly _ Community Woods 52.42- 5.60 N/A NIA Services No No Gallon Hauler A N/A N/A Assessment Manual No No N/A None Neo,oldated No Manaciernent Coed tin FacJU on Site. Yes, for Waste Quarterly 3 Grant MminlstrMIon, Department of serdors and Management Months In 75% of June 2 -1 Year Conservation Grant Administration, Annual Varies By add .a, Waste Manage 3 Cart 35, 64, 96 of Orange Green, Advance By Fully- PPI- Approx. Extensions Household Harardous Waste Cdketon Event, C of take Forest 11.95 Contract sets 66% of Oran County System Yes Gabon Cascade A Gre Hauler Automated N A Yes 5%d Y-k Grow 1% Bltl O nal Ve Good Hauler BuNk Item Collection Christmas Tree R dim. 1 $W7.11511 City W Los gal pickup a Consolidated 35, 64, 96 Consolidated Black, Monthly on Fully- 8% to General 112.9 64 Week Yes 50% 1 Disposal Yes Yes Galion A N/A n Tan Water Bill Automated' No Yes Fund None Necotiated No Good Consolidated Holiday Tnee Recycling- Sulky Item Pilo Rainbow & Midway City 7 %- 1228,000 Set Rate Midway City Midway city 60 & 90 Sanitary Black & Property Tax Fully- Goes Into The Under Sanitary Helping Hands for 2 -Items per Month (Residents Sarhita Distr{R 56.75• 6.75 No 59% Rainbow Disposal Yes No Gallon District El Mate A Blue Roll Automated No Yes General Fund Contract Bid No Excellent DkMd On Bulky Pick -U . Newsletter g - rem re 111; 32 en Ud- gal -114; Green Quarterly In 5 %- 1339,000 City o1 Mh slon 35, 64, 96 other ls Waste; Advance By Fully Goes Imo The RFP/ 8 Years & 2 Newsletter Inserts, Brochures, Advertisi g for Vkqo 11.76 8.22 Yes 42% Waste M u Yes No Galion Hauler Cascade 5 Gra Lid- Hauler Automated No Yes General Fund N otkted Year O Ion Ve Good & Haukr Local Household Hazardous Waste. City Refuse Division Fa Recycling Recycli g Resklentlal/20 Surcharge to City & city of Newport Surcharge Open/ Permitted Haulers Monthly On be Adjusted Recycling Beach 2.46 mo Com ve None 50% For Commercial No Yes 35 Gallon Resident N A A N A Water BlII Manual N A No N A Jul 1 2003 N A A Excellent Contractor None City Bills 112.89 Taal 181.37 All Green, Residential PPI Applied Waste Resident/ Total:Reslde Lid On Utility BlII, _ to the %of Management 110.64; nt/ 180.07; Mixed 35, 64, 96 Denotes W.M. Bills Fully- non - disposal With Approval Quarterly Newsletter, Bulky Waste, Special C of On 2.25 1.30 No 50% Waste Mananemen Yes R cables Galion Haukr Cascade N A T Commercial Automated N A Yes No revenues N ted No Good I Events Commun Event Su 5 rshi Add'I Green Can Earth Week Run Annual Event, Various City Free;13.50 Events, City Polkles For Recycling And 1110.19 /mo /Brown;$6. Procurement, Newsletter Artldes, Recycle Additional 17 for Add'l Placmtle Oisposal 545.00- Black, $197,500 Goes Ci ty of PtacentW Teen Team, 0.ekydkq Committee. Pickups Are Black & Taormina Yes Placentia Rot. 155.00 Brown, Fully- Into The General Placentia & Haukr Does An Annual Recycle Placentia City of Placentia 538.32 166.16 Residential 56% Industries Residential Co nm. Onl 110 Gallon I Industries Each Greed Tax Roll Automated COP'S Yes Fund Unknown Bid 20 Years Excellent Hauler Newsletter & Provik es Giveawa Items. - as e u y, excep Management- Green Quarterly by fa green ch City of Rano 190.37 /mo Separate 35, 64, 96 Resident- w /blue & Waste waste County a CPI Increase Two Bulky Item Pldkups per year limited to 4 Santa Ma arito 13.58 IX week No 37% Waste Mau emen[ Yes Green Waste Galion Green Waste Gra Lids Mana ment containers Yes Ora In Jul Items. 312.53/35 111.67/ 141.49/ gal Small Only For Small Blue, 5 %- 1185,000 Quarterly Newsletter, Bulky Item Pickups, Earth City of San 112.97/67 112.18 / Additional Mixed 35, 67, 90 Rao 150.57 / Brown, Quarterly By Fully- Goes Into The Corhtrect 10 Day, Recycling Awards, Children Shows, Videos, Clemente I Cans 33% CR &R Yes Re cables Gallen CR&R IndusWes Lan Blade CR &R Autauted No Yes General Fund Yes Year No Great Haukr Cleanse . 111.88/ 60 $71.60 1x Gallon week/1110.2 13.25 Add'1 Quarterly Newsletter, Bulky Item Pick -Up, Haule (12.96/60 gal 1� d. &1 4/2x week/ 35 Gallon/ Black, 5 %- 181,000 Has A Booth At Civic Functions, School Education, CItY of San Juan mpost 1143.09 3x $3.37 Add'I 30 & 60 Rao Green, lolly- Goes Into The Magic Shows With Timothy Wink On Recydkg, V no 13.42 week 67 Gallon 42% CRBR & SOLAG Yes Yes Gallon Haukr Industries N A Brown Haukr Automated No Yes General Fund None otlated No Good Hauler Du Show ram On R ch . 35 talon 51,279,344 135.75; Commerdal 64 Gallon 140.39; Burgandy, i.dust./ Goes 5106.78/3 Waste Manageme 35, 64, 96 Cascade 96 Gasan Grey, BI- M-thty FURY- Into The Anrhuaf Pamphlet, Bulky Item PWk -Up, Used OII, City of SarKs Ano 14.40 ard do No 59.0% of Ora Coun SFR MFR GeN.n I rim 3.92 Green B Automated Bond Yes Ge NPDES Unknown Bid No Excellent Haukr Free Can Works at Arboreatum. Fully- 7.5 %: Brown, Automated $88,000.00 65 & 96 Rao Included Blue, City On (some Sem1- Goes Into The C of Seal Ch 3.37 12.86 No 50% man Die i Yes No Gallon mm Industries In Rate Green Water Bill Some Manual No Yes General Fund 2 -3% N otlatetl n Excellent Haukr ers Brochures. Roto City On Fully- Rekyeinq Information Distributed On Door C of Stanton 14.48 A Yes 45% CR&R Inc. No Yes Galion u:RAR Industries N A Black Water BBI Automated No Yes Yes Unknown ted Eve teen Excel t Haukr Ha r To Each R nt Year ray ray mar - Cans;Blue/ Can;Blg Haukr; Commercial 25,64,96 Black/Gneen e/ Residential R -Fully; C 2% en Good - Large Item/2 m year -Limit 3 Items per call. City of Tu stin 12.17 Rate 35% Federal DK I Yes Galion Haukr Sdufer A on Tax BlH Semi No Yes Commercial Nape BW No Excellent Haukr Tree Recvdfm ss�n pr Full Curbside Collection, Recycling Education 1113.50 /1x r0f Tan, 5 %- 524,000 Program, 3 Special Pickups Per Year Without week/1158/ fswsmw..� Mixed 30, 60, 90 Approx. Green, Goes Into The Additional Charge, C hrfsLnes Tree Pickup, Free C of V/]la Park 16.47 2x week k1n 67% Re ublic Industries Yes 0. tlabks Gag.n Haukr N A 5.00 n Haukr No Yes General Fund 2.3% N o0ated Yes Excellent Hauler fl Compost llngram. Midwe Y CfY Midway City Item pick -up eeeh morhM, Seool Outreach for CHy of Sanitary Black & Property Tax Fully Sanitary Recycling, Newsletters, OII Drop Off, Christmas, Westminlater .75 n.25 ixwaak No 59% Rainbow DJs I Yes Yes 60 90 I District Ei Monte 5.00 Blue Roll Automated None Yes 7% None abed No Excellent District Tree Black, 5 %- 1160,000 Green, Billed By Fully- Yes Bond Into The 20 Year C of Yorbe Llyda 115.45 15.45 No 48% R Nc Yes 110 Gallon N/A N/A Brown Hauler Automated Issue Y nerat Fund None N otlated Ev ream Excellent Haunt SFR= Single Family Residence _ MFR = Multi- family Residence Di.Vicl •Ub.kh-. cost of a ion from prop" lax myer . DiabikI4 monthly coat b pray We trash =164 lon ii-os avaragss S12 ho Sl&Wonm Meetin Date Item N m6r- -- .r `N11q� 10/26/10 IX,_D. Ito A99A X(Y (DISTRICT COSTA �44ESA QU •C ^tin _ '+''. BA1iu� ® ... an Independent SpeciabDistrict Memorandum To: Board of Directors From: Scott Carroll, General Manage Date: October 26, 2010 Subject: First Amendment to Agreement with Technology Resource Center Summary - On July 1, 2010, the District entered into an agreement with Technology Resource Center (TRC) to provide maintenance services of the District's information technology system. The cost for this service is $10,875.00. Approximately five computers at District headquarters are over 6 years old and are approaching the end of their life cycles. New computers and servers are needed to improve operational efficiencies and allow storing more documents. Staff Recommendation That the Board of Directors approves the First Amendment to Agreement with Technology Resource Center and authorize the General Manager to sign the amendment on District behalf. Analysis Approximately five computers at District headquarters are over 6 years old and are approaching the end of their life cycles. The existing servers are old as well and do not have enough memory to store all of District documents. New computers and servers are needed to improve operational efficiencies and store documents. The attached first amendment allows TRC to install and configure the computers as well as transferring files from the old servers to the new ones. The total cost to provide this service is $20,374.00, which exceeds the General Manager's authority to sign the amendment without Board approval. The hardware themselves (personal computers, workstations and servers) will be procured by District staff. Staff requested bids from three different vendors, which ® Protecting our community s health and the environment dy providing s o luf waste and sewer collect :on seances. u ww. crosdca.gov Board of Directors October 26, 2010 Page 2 of 2 included TRC. The low bid submitted was from Abtech Support for $20,270.66. Attachment B is a copy of the quote sheet. Strategic Element & Goal This item supports achieving Strategic Element No. 5.0, Administrative Management, and Strategic Goals No. 5.2, Enhance Records Management Program, and 5.4, IT Management. Legal Review District Counsel has reviewed and approved the First Amendment to the Agreement with TRC. Financial Review The total cost for this project, which includes TRC services and procuring the hardware is $40,644.66. The District budgeted $46,000 for this project so there are adequate funds to proceed. 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 October 28, 2010 Board of Directors regular meeting at District Headquarters and on the District's website. Alternative Actions 1. Do not approve the First Amendment and refer the matter back to staff, Attachments A: First Amendment to Agreement with Technology Resource Center B: Price Quote Sheet for procuring hardware Reviewed by: Sherry Kallab Administrative Manager • J Attachment A • FIRST AMENDMENT TO AGREEMENT BETWEEN COSTA MESA SANITARY DISTRICT AND TECHNOLOGY RESOURCE CENTER FOR TECHNOLOGY SYSTEM MAINTENANCE THIS FIRST AMENDMENT to Agreement between the Costa Mesa Sanitary District and Technology Resource Center for technology system maintenance ( "AGREEMENT ") is made and entered into this day of , 2010, by and between the Costa Mesa Sanitary District, hereinafter referred to as DISTRICT, and Technology Resource Center, hereinafter referred to as CONSULTANT. WITNESSETH: WHEREAS, on July 1, 2010, the DISTRICT and CONSULTANT entered into AGREEMENT for technology system maintenance; and WHEREAS, the DISTRICT requires the CONSULTANT to perform additional services to upgrade the DISTRICT'S technology system, and • WHEREAS, the additional services to be performed is described in Exhibit "A" attached hereto; and • WHEREAS, the procurement of five desktops, two PowerEdge servers and one Storage Array is not part of the services provided by CONSULTANT and instead, the hardware identified will be procured by the DISTRICT; and WHEREAS, the DISTRICT and CONSULTANT now desire to amend the ORIGINAL AGREEMENT to change the scope of work and increase CONSULTANT's compensation for services rendered. NOW, THEREFORE, the parties hereto agree as follows: 1. Section 5 in the ORIGINAL AGREEMENT shall be amended by adding the following tasks and payment: DISTRICT agrees to pay CONSULTANT the sum of $20,374.00.for installing and configuring new technology system hardware and transferring files from old servers. The services shall be completed within thirty (30) working days. 1 2. The term of this First Amendment shall run concurrently with the original Agreement. 3. Except as specifically amended by the terms of this First Amendment, all provisions of the ORIGINAL AGREEMENT shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed this day and year first above written. COSTA MESA SANITARY DISTRICT General Manager ATTEST: District Clerk APPROVED TO FORM. District Counsel N TECHNOLOGY RESOURCE CENTER Signature Mark Serres Typed Name Principal Title OCT -14 -2010 18:01 9q% P.03 • is • Use for Purchases > $5,000 Attachment B PRICING QUOTE Vendor /Contractor #1 #2 #3 Company Name: Technology Resource Center Intilli -Tech 2101 E 4th Street, Location: Ste 130A Santa Ana, CA La Verne. CA Phone: Abtech Support Carlsbad, CA 714 - 542 -1004 1 909- 394 -5188 1 800 -474 -7397 Contact: Mark Serres Tom Ca Date Contacted: 9 -29 -10 10 -1 -1C ttY Product /Service F i 5 Dell Optiplex Desktop Workstations $1,577.00 2 Dell PowerEdge R310 Servers $2,858.00 1 Dell MD3100i Storage Array $12,759.00 TOTAL: $26,369.00 VENDOR/CONTRACTOR RECOMMENDED:_ Abtech Support Supplies /Equipment— If the low bidder is not recommended, give reason(s) below: Bertha Barrera- Williams 10 -6 -10 $1,136.43 $1,004.75 $2,343.56 $2,068.60 $12,207.19 $10,909.65 $22,576.47 $20,270.66 +$200 Shi Services — Attach a summary of qualifications of person /company selected. Authorized Signature Date ,-,--General Manager Signature Date 11 Meetin Date Itetri: Nu►�* .4et_� 10/26/10 IX. To: Board of Directors Via: Scott Carroll, General Manag ... an Independent Special District From: Sherry Kallab, Administration Manager Date: October 26, 2010 Subject: Capital Improvement Projects Carryover Request — Fiscal Years 10 -11 Summary Each year, in conjunction with the approval of the operating budget, the Board of Directors approves a capital improvement project (CIP) budget. The nature of capital ® improvement projects is such that their scope and size inherently precludes them from being completed within the fiscal year in which funding was initially appropriated. Additionally, all appropriations lapse at the end of each year. Therefore it is necessary to request the unspent capital improvement project appropriations be carried over in the subsequent fiscal year. • Staff Recommendation Staff recommends the Board approve the carryover of capital improvement project appropriations in the amount of $2,860,358 from fiscal year 2009 -10. Analysis Project Description Carry forward FY 10 -11 200429 Bristol Street Pump Stn $ 605,946.00 200468 Irvine/Tustin Pump Stn $ 3,300.00 200471 Tustin Pump Stn Main $ 715,554.00 200601 Westside Pump Stn $ 749,941.00 200782 System Wide Repair $ 628,200.00 200888 GIS System $ 125,727.00 200889 Rehab of 6 Swrs $ 31,690.00 Total $2,860,358.00 Protecting our community's health by providing solid waste and sewer collection services crosdcagov Board of Directors October 26, 2010 Paae2of2 All projects with the exception of the Westside Pump Station Abandonment and is System Wide Repairs are anticipated to be completed in the 2010 -11 FY. There is an additional carryover for Fund 30 - District Yard Project in the amount of $503,985.43. Strategic Element & Goal This item supports achieving Strategic Element No. 7.0, Finances, by providing financial resources to fund current and planned operations and projects. Legal Review Not applicable Financial Review The total amount to be carried over is $2,860,358. The funding for the projects listed above was approved in the Fiscal Year 09/10 Budget. 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. Alternative Actions 1. Refer the matter back to staff is • Meeting Date Item Number 10/26/10 X. A. • COSTA MESA SANITARY DISTRICT RECYCLING COMMITTEE AGENDA Monday, October 25, 2010 12:00 p.m. Costa Mesa Sanitary District 628 W. 19t, h Street Costa Mesa, California (Director Ooten and President Schafer) I. Orange County Waste & Recycling Sub - Regional Meetings, Funding & Grant Program • Clerk of the District A. OC Waste & Recycling 2009 Annual Report • II. Strategic Goals for Recycling Committee III. CR &R Report on Other Agencies Recycling Programs IV. Integrated Waste Management Department Household Hazardous Waste Collection Program A. CMSD Form 303a HHW Collection Information FY 2009 -2010 V. Composting Bins VI. CSDA Vetoed Legislation VII. 151h Annual Children's Water Education Festival — March 23 -24, 2011 VIII. County of Orange E -Waste Event — November 5 -6, 2010 IX. Report on Other CMSD Recycling Programs X. Scavenging — Activity Report XI. RecycleBank XII. Public Comments XIII. Next Meeting Date — November 15, 2010 Dated: October 20, 2010 • Clerk of the District CY 2010 Recycling Committee Goals I. Encourage Non - Profit Organizations and schools to implement Recycling Projects and /or Programs II. Monitor advancements and technology in the solid waste industry III. Promote recycling at community events IV. Encourage Zero Waste practices among residents and schools V. Advocate sustainable practices to ensure precious resources are saved VI. Implement a Community Awareness Program emphasizing District programs • and special events 0 State of California Department of Resources Recycling CalRecycle 303a (Rev. 3/10) and Recovery (CalRecycle) Lead Agency' Form CalRecycle 303a Household Hazardous Waste Collection Information For FY 2009 -2010 m A jurisdiction or agency which conducted and/or operated a permitted HHW program during the previous fiscal year. ction A. Reporting Requirements: rpose of Fortes CalRecycle 303a and 3031b h jurisdiction in California is mandated to complete Form CalRecycle 303a or 303b annually with the amount of household hazardous waste (HHW) collected and its method magemem (California Code of Regulations, Title 14, Section 18751.2). The Forms CalRecycle 303a and 303b specifically fulfill the reporting requirements of the Household Hazard[ ste Element of the Department of Resources Recycling and Recovery's (CalRecycle) Countywide Integrated Waste Management Plans. The Forms CalRecycle 303a and 303b are a Aided to satisfy the Department of Toxic Substances Control (DTSC) directive (Health and Safety Code Section 25218.10) to collaboratively maintain HHW volume totals with CalRecy all HHW collection events, facilities, and programs within the State. completed Forms CalRecycle 303a and 303b provide the total waste volume amounts collected for all HHW programs (including permanent, temporary, recycle only, mobile, door to do any other type of collection program the jurisdiction identifies as pan of their HHW collection program) that were sponsored in the previous fiscal year, starting July 1 of the previous y ending June 30 of the current year, as well as the management methods for all HHW collected. o must fill out the Forms? i jurisdiction must fill out a Form CalRecycle 303a or 303b. If your jurisdiction or agency was the Lead (i.e., conducted or operated a permitted HHW program) for collecting HHW, report your waste collection and management methods on the Lead Agency Form CalRecycle 303a. If your jurisdiction or agency did not have a HHW collection program during ious fiscal year, or was not the Lead for a permitted collection program, you will complete the Non -Load Agency Form CalRecycle 303b to satisfy the regulatory requirements. You , nload the complete Lead Agency or Non -Lead Agency forts at hop:// www. calrecycle. ca.gov /lloniellazWaslc /Reponing/ or contact DTSC at (916) 323 -3513 to have one sent to you. pleted Form CalRecycle 303a or 303b must be sent to DTSC on or before October 1 of each year. here do I send my completed Form? ,mpleted forms shall be submitted electronically to DTSC as an e -mail attachment to fbrrn303@dtscc&.gov. You must first save the completed spreadsheet on your own computer under w name. Use a name that will uniquely and clearly identify your jurisdiction or agency such as SacramentoForm303.xls, for example. Then, send the newly named completed spreadsheet e -mail attachment to the address above. xrn request to CalRecycle, you may be exempted from tiling electronically, and instead print out the completed spreadsheet and mail it to: .par'tirtent of Toxic Substances Control (DTSC) iusehold Hazardous Waste (HHW) Program - Form 303 D. Box 806 cr amento, CA 95514 -0806 Section B. Jurisdiction: 628 W. 19th Street City: For County -run programs, please specify "unincorporated" or "countywide" ZIP code: 92627 Name of Public Agency Reporting: Costa Mesa Sanitary District HHW Program Manager: Tom Fauth, Assistant Manager Phone Number: 1) 5) 9) Non -Lead Participants Represented by Reporting Jurisdiction/Agency (i.e., individual city(ies), county(ies), other agency(ies)): 2) 6) 10) 3) 7) 11) 4) 8) 12) Mailing Address: 628 W. 19th Street City: Costa Mesa ZIP code: 92627 Comty: Orange HHW Program Manager: Tom Fauth, Assistant Manager Phone Number: 949- 645 -8400 x 222 Fax Number: 714 -432 -1436 E -mail Address: tfauth @crosdca.gov Contractor's Name (if applicable): Curbside, Inc. Name of Permanent Facility within Program Service Area (if applicable): EPA ID#: Site Contact Name/Cide: Phone Number: Facility Address: Email Address: City: ZIP Code: I County: Name of Permanent Facility within Pm2rmn Service Area (if amiticable): EPA RM: Site Contact Name/Fitle: Phone Number: Facility Address: lanai' Address: City: ZIP Code: I County: Name of Permanent Facility within Proycam Service Area, (if applicable): EPA ID#: Site Contact Name/Title: Phone Number: Facilitv Address: E-mail Address: City: ZIP Code: County: For additional permanent facilities within the program service area, please attach a separate page. tion C. Program Types: program types include Permanent, Temporary (periodic), Mobile, Recycle -only program, Door -to -Door (residential), Curbside, Load Check and/or Other (identify type of pro ember - Certified Oil Centers and Curbside Oil collection programs, whose oil is reported as part of a jurisdiction's used oil Block Grant, should not be included in Section D. EPA ID Numbers: Please list all EPA ID Numbers for each program type used last year (add additional rows if necessary). Program Type EPA ID Number Program Type EPA ID Number Door -to -Door ICAH 111 001 296 E. Participation: Number of Households that participated In collection program: 41 Number or Households in service area: F. Waste Volumes: In the example street below, for the period July 1, 2004 to June 30, 2005 under the heading " Pounds Collated by Program Type' the City bas entered the number of pounds of material in the waste stream "Flammable liquids / solids" collected within the City into the cell corresponding to the program type used to collect the material. In this example case, 40 pounds was collected at a permanent facility, 50 pounds at Example: a tempor%y event site, and 20 pound, were collected during load check,. The spreadsheet will calculate Elie total amounts for you. On the right side of the spreadsheet, under "Pounds Disposed / Diverted", the City has entered the estimated number of die total pounds of collected material in the cell corresponding to the management method used in dispose or divert the material. In this case 66 pounds of the total collected material was seat to destructive incineration and 44 pounds was incinerated as fuel. The spreadsheet will calculate the total pounds cur you. Please check to be sure that the "Total Pounds Collected" is the same as "Total Pounds Disposed/Diverted" Material Type Pounds Collected by Program Type Page 1 of 2 Pounds Mposed / Inverted by Management Method iy S 4 J` aL` �,Fo r F�o EXAMPLE v�` k �. ° °�` ^o I. Flammable eml Poison Flammable sofids / li uids 9 40 50 20 liu 66 44 110 I Section F. Waste Volumes: ater the number of pounds of material in the waste stream collected into the cell corresponding to the program type used to collect the material. The spreadsheet will calculate the total amounts for you. Also enter Imtractioro: I!, e ee�a� nub of pounds of the collected material in the cell comespnndiag to the nnnagerri nt method used to dispose or divert the materiaL Defmitions of the "Management Methods" are presented in Title 4, 18751.2.1 (c). The spreadsheet will calculate the total pounds disposed or diverted for you. Note: Quantities repcmed under "Load Check" and other collection categories should not be double counted under Maternal Type Pamds Collected by Program Type Pomrds Disposed / Diverted by Management Mediod w p a� � g s b v� oJ` 5? Q�4o`��ko �`ePQ o`o�ao Flammable solids / liquids 146 146 36.5 109-5 146 Bulked flammable hguids 0 0 1. Flammable and Oil-base pamts 336 336 336 336 Poison Poisons 79 79 79 79 Reactive "explosive 0 0 subtotal 0 0 r. (� 561 n n 561 1111 4451 n 0 n G 0 561 2. Acid Inmgamc and organic acid Zn ZU 20 20 3. Basv Inorganic and rngain, base 47 4 47 47 4. Oxidi>Rr Neutral oxidizers. Organic 6 5 6 6 Peroxides, Ox,dizmg aadrbase PCB - containing paint 0 G 5. PCB - containing Otba P(B waste (includes 0 0 ballasts subtotal n 0 n 0 0 p n n 0 n 0 0 0 0 0 0 ' Annfreeze 48 48 48 48 Auto type batteries (tmtm 740 740 740 740 velnclee Latex paint 1303 1303 1303 1303 6. Redaimabk Motor oivoil products 469 469 469 469 Used ml filter, (recyclebles on 3 x 3 3 subtotal 0 t• r, n 25fia o n o 2563 0 1, 0 0 250 0 0 2163 7•A,I —tos Ashestos Mercury amtaining automatic sw'iwhes l thermometers 2 and 0 0 novelties Memayeorrtammg O.me 0 0 thermostats Mercury continning waste 0 0 8. Universal Waste Iother (11w) • Lamps 2402 2402 2402 2402 Recbargeable batteries 0 0 Other batteries 7232 7232 7232 7232 subtotal r, 7;12 n 2402 9614 (' 0 6 0 9634 (1 0 9634 Covered Electrome Devices 0 0 Electronic Waste Universal Waste F.lectrrmic 0 0 IUW) Devices subtotal g 0 0 0 0 U �� 0 0 U q n 0 0 U 0 0 A—d Container Aerosol oonminers 0 0 (OW) (natal 0 0 Other UW a6 lIvY subtotal 0 0 (,, n 7232 fl 2402 9614 C 0 0 0 9634 0 0 904 • Universal wastes mist be recycled with the exception of batterim novelty, item w /mercury, mercury themxrstat, rubber fxmring. CEDs. and aerosol cans (non - empty). Energy recovery or fuel incineration is not nsidered recycling. If the waste cannot be managed by recycling, then it roust be mnaecd as a hazardous wa11e. The c W t,t d Dispo,, xdr ,,,tc d Manager i Methods section will show whether m not these wastes were marinated as a universal waste or a hazardous waste. Home - generated sharps 653 653 653 653 ' Pharmaceutical Waste 365 365 365 365 Compressed gas cylinders 0 0 9. other HHW Treated wood 0 0 Non -UW aerosol containers 97 07 97 97 (corrosive. flammable, p Y2n) Other (name) n 0 subtotal 0 0 o r. rr n n SViB 1115 40'_ 0 651 1fl. Grand Total 0 0 G rt 10526 n ° 3426 I:9db 58:5 4155 65� 67 12197 =� n 13946 Page 2 of 2 Meetinq Date Item; Uni 'r - 10/26/10 x a. • From: lisa manfredi [ mailto :lisamanfredi @sbcglobal.net] Sent: Thursday, October 14, 2010 7:17 AM To: francene kaplan; Thomas Fauth; A] Cully Cc: James Christman - Davis Magnet School; Pam Brusic Davis Magnet; Dr. Rafferty Subject: Composting Workshop @ Davis Magnet School Dear Francene, AJ and Tom, On behalf of Davis Magnet School's Earth Lab, I would like to thank you for Tuesday's composting presentation. It was interesting and full of great information, Francene was awesome and full of fun facts. This was our very first Ecology Workshop and we were very pleased with the turnout; it was a full house! I have received fantastic feedback from parents and staff, many requesting more workshops like these! We were very inspired by the response from the Davis Community and look forward to working with you again very soon. Kind Regards, Lisa Lisa Manfred! 949 -903 -2022 • 10/14/2010 • Thomas Fauth From: Scott Carroll ent: Friday, October 01, 2010 3:17 PM Joan Revak; Kaitlin Tran; Teresa Gonzalez; AJ Cully; Sherry Kallab; Thomas Fauth; Debbie Bjornson; Janel Jackson; Rob Hamers Subject: FW: CSDA VETOED LEGISLATION FYI Scott Carroll, General Manager Costa Mesa Sanitary District 628 W. 19th Street Costa Mesa, CA 92627 (949) 645 -8400 scarroll @crosdca.gov From: Kriss Gross [mailto:Kriss @ppallc.com] Sent: Wednesday, September 29, 2010 9:38 AM To: amberw @achd.org; acschafer @ca.rr.com; beeman @irwd.com; bfotos @smud.org; dbreninger @pcwa.net; dcordero @mwdoc.com; dmcmurchie @mcmurchie.com; publiccemeteries @aol.com; dianaz @csda.net; Ed Horton; freemanelf @aol.com; etorres @ocwd.com; epfuehler @ebparks.org; gweson @hotmail.com; gibranm @csda.net; gfarrel@friantwater.org; ghall @sdrma.org; atkinsg @dixonlibrary.com; heprs @cox.net; irish @csda.net; jporrelli @cvwd.org; jmcmillan @mwdh2o.com; jgoldsmith @kmtg.com; jmassey @kmtg.com; jallen @ccwater.com; majaesac @aol.com; mackgroup @cox.net; StovallLaw @aol.com; jmaclay @valleywater.org; karen -buhr @carcd.org; kcole @mwdh2o.com; kathyt @cvwdwater.com; McLaughl @irwd.com; khicks @meyersnave.com; kladensack @ccwater.com; kylep @csda.net; lira @scwa.ca.gov; mzauner @lacsd.org; mbryant @garbervillesd.org; mdumaine @ebmud.com; maureen @isenberg - oharen.com; mhearst @oarcd.org; mkorrock @comcast.net; lon @rinconwater.org; mgroover @sjgov.org; mnclift @charter.net; neilm @csda.net; nicoled @csda.net; elle.Mattock @CH2M.com; Pobrien @ebparks.org; psensibaugh @sjgov.org; pkampa @tuolumneutilities.com; prosentrater @wmwd.com; Ralph A. Heim (RHeim @ppalic.com); rkanouse @ebmud.com; rmarquez @chofire.org; rennis @ocwd.com; rthompson @mwdh2o.com; rjurgensen @openspace.org; Dupray.Rusty @smfd.ca.gov; Scott Carroll; sclay @ebparks.org; sgreen @lacsd.org; sbloodworth @wmwd.com; stan_caidwell @comcast.net; sabbors @openspace.org; sschectman @openspace.org; Tima @scwa.ca.gov; kccd @atgl.com; tmartinez @valleywater.org; VLord @pcwa.net Subject: CSDA VETOED LEGISLATION Chapters & kVetoe* Report Report Date: 9/29/2010 AB 737 (Chesbro) Solid waste: diversion. (V- 09/28/2010 htmI pdf) Status:09 /28/2010- Vetoed by the Governor Current Location:09 /28/2010 -A VETOED Calendar Events: Veto Message: http: /twww.leginfo.ca.gov /pub /09 -10 /bill /asm /ab 0701- 0750/ab 737 vt 20100928.html Summary: The California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, requires each city, county, and regional agency, if any, to develop a source reduction and recycling element of an integrated waste management plan containing specified components, including a source reduction component, a recycling component, and a composting component. With certain exceptions, the source reduction and recycling element of that plan is required to divert 50% of all solid waste from landfill disposal or transformation by January 1, 2000, through source reduction, recycling, and composting activities. The bill would require the department, by January 1, 2013, to report to the Legislature on the current diversion rate in the state and provide strategies to increase the diversion rate to 75% by 2020. The bill would repeal this requirement on January 1, 2017. This bill contains other related provisions and other existing laws. Organization Assigned Position Priority Subject Groups CSDA RHeim Watch Natural KPackham Resources/Environment • • ANNUAL 2011 E \NT 0 -.- IN,, E DORT Inlll IT! C3 13 Registration The Orange County Water District Groundwater Guardian Team Invites you to take part in the nation's largest water education festival, as we empower 4th. 5th and 6th grade Orange County students to protect and conserve our most precious natural resource - water! The 15th Annual Children's Water Education Festival will take place Wednesday. March 23, and Thursday. March 24. 2011. at the Richard Nixon Presidential Library and Museum In Yorba Linda. Be a part of history as we celebrate our Crystal Anniversary! Presenters and volunteers registration will be completed online. To register, Please visit W W W .00 W D.COM on or after October 4. 2010. All future correspondence will be sent electronically In our continued efforts to be more environmentally responsible. Hope to see you there! ,�fis�o<Gaun- Amanda Gavin OCWD Groundwater Guardian Team Questions? i714) 378.3202 agavinwoc *om JAL 2011 • Amanda Gavin Public Affairs OCWD Groundwater Guardian Team 18700 Ward Street Fountain Valley, CA 92708 RETURN SERVICE REQUESTED FIRST CIASS U.S. POSTAGE PAID ANAHEIM. CA P&RRT #67" RECERVED SEE 3 0 2090 COSTA MESA SANITARY OIS1RICi TOM FAUTH COSTA MESA SANITARY DISTRICT 628 W 19TH ST COSTA MESA CA 92627 -2716 illl�llHill�llllll��ll�nilll�illlminl�linlullll�nu��il • 0 0 F R E E 4 ^ 3 3 ,ryProom fo�o electronics recycling event COUNTY OF ORANGE: 1300 S. Grand Ave. Santa Ana CA 92705 Nov 5 & 6 FRIDAY & SATURDAY 9:00am - 3:00pm R E C Y C L E You can malqe a difference! Recycle and receive a discount .0 coupon for Magic Mountain or Discovery Science Center (while supplies last) Computers MP3 Players Cell Phones Televisions Monitors Laptops Printers Microwaves Cables & Wires Inky & Toner Cartridges All Electronics Questions or Comments? email: ocgreenfair @ocgov.com A meetin g bate Ito _;Numb 10/26/10 XI 14 0 A . sty. Mesa SanitarN ... an Inbepen6ent Special District To: Board of Directors Via: Scott Carroll, General Manage From: Robin B. Harriers, District Engineer. Date: October 26, 2010 Subject: #168 Irvine Pumping Station Relocation — Acceptance Summary Construction of the. improvements was completed on June 5, 2008, including minor repairs made October 17 -18, 2010, and the lawsuit between Back Bay, the District, and Vadnais Corporation is complete, therefore, it is appropriate for the District to final the project and file a Notice of Completion. • Staff Recommendation That the Board of Directors approves the following action: 1. Accept improvements as completed and file a Notice of Completion. 2. Authorize payment of 5% retention 35 days after Notice of Completion is recorded. 3. Exonerate Labor and Material Bond after Notice of Completion is recorded and exonerate Faithful Performance Bond one year after Notice of Completion is recorded. 4. Approve the Final Closeout Agreement and Release of All Claims AnalVsis Construction of the pumping station was completed on June 5, 2008, however, the shoring method used by the contractor Vadnais Corporation caused the private property slope to. fail. The contractor braced the slope and retaining wall to protect the ® District's new pumping station while a lawsuit ensued for the Back Bay property owner Protecting our community's health andthe environment 6y providing solid waste andsewer collection services. www.crosdcagov ti Board of Directors October 26, 2010 Paae 2 of 10 to recover damages. The lawsuit was recently settled and reconstruction of the • retaining wall, slope, and parking lot is presently occurring. The slope, wall, and parking lot is being supported by 30" diameter caissons at 5' on center with a grade beam across the top of all the caissons. Strategic Element & Goal This item supports achieving Strategic Element No. 1.0, Sewer Infrastructure, through "the careful management of the collection infrastructure" Legal Review District Counsel has reviewed and approved the closeout agreement. Financial Review The 5% retention amounts to $88,705.47. Funding is available in the C.I.P. budget to pay for the retention. 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 October 26, 2010 Board of Directors regular meeting at District Headquarters and on the District's website. Alternative Actions 1. Refer the matter back to staff for additional information. Attachments A: Notice of Completion B: Final Closeout Agreement and Release of All Claims Reviewed by: Sherry Kallab Administrative Manager • 0. I 1 • Board of Directors Attachment A October 26, 2010 Page 3 of 10 EXEMPT RECORDING REQUESTED PURSUANT TO SECTION_ 6103, GOVERNMENT CODE AND WHEN RECORDED MAIL TO: JOAN REVAK CLERK OF THE DISTRICT COSTA MESA SANITARY DISTRICT 628 W. 19TH STREET COSTA MESA, CA 92627 -2718 THIS SPACE FOR RECORDER'S USE ONLY NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is owner of sewer facilities as hereinafter described. ® 2. The full name of the undersigned is COSTA MESA SANITARY DISTRICT. 3. The full address of the undersigned is 628 W. 19`h Street, Costa Mesa, CA 92627 -2718. 4. The nature of the title of the undersigned is owner of sanitary sewer facilities installed in Irvine Avenue, southwesterly of Mesa Drive, described as Irvine Pumping Station Relocation under project number CMSD #168 5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:, None 6. The names of the predecessors in interest of the undersigned if the property was transferred subsequent to the commencement of the work of improvement herein referred to: None ® 7. A work of improvement on the property hereinafter described was completed on or around June 5, 2008 with additional repairs made October 18, 2010. Board of Directors October 26, 2010 Page 4 of 10 8. The name of the contractor, if any, for such work of improvement was: Vadnais Corporation 2130 La Mirada Drive Vista, CA 92081 9. The property of which said work of improvement was completed is in the County of Orange, State of California, and is described as follows: as described in paragraph 4 above 10. The street address of said property is: N/A DATED this day of 2010. COSTA MESA SANITARY DISTRICT ARLENE SCHAFER, PRESIDENT ATTEST: GARY MONAHAN, SECRETARY • • 0 Board of Directors October 26, 2010 Page 5 of 10 • STATE OF CALIFORNIA) COUNTY OF ORANGE )SS CITY OF COSTA MESA ) The undersigned, being duly sworn says: That she is the President of the Costa Mesa Sanitary District; that she has read the foregoing instrument and knows the content thereof, and that the facts stated therein are true, and that she makes this certification by authorization granted by the Board of Directors of the Costa Mesa Sanitary District. ARLENE SCHAFER FINAL CLOSEOUT AGREEMENT AND RELEASE OF ALL CLAIMS 1. This AGREEMENT AND RELEASE OF ALL CLAIMS is made in Costa Mesa, California, this day of , 2010, by and between COSTA MESA SANITARY DISTRICT, hereinafter referred to as "DISTRICT," and VADNAIS CORPORATION, a corporation, hereinafter referred to as "CONTRACTOR," with reference to the following facts: Recitals WHEREAS, District and Contractor entered into a contract for the construction of the Irvine Pumping Station (Project No. 168); and WHEREAS, in the course of that construction damage occurred to certain real is property resulting in litigation by the owners (Back Bay Center LTD v. Costa Mesa Sanitary District, County of Orange and Vadnais Corporation, OCSC 00117360); and • WHEREAS, because of that litigation District retained certain monies that would have otherwise might have been due Contractor; and WHEREAS, that litigation was resolved and through insurance a settlement was reached for One Million Dollars (attached hereto); and WHEREAS, District and Contractor do now desire to resolve all outstanding issues not resolved by the settlement agreement and to pay any retention monies due; NOW, THEREFORE, the parties hereto AGREE as follows: 1. Original Contract. The parties agree that all terms and conditions of said Contract have been performed and all compensation due has been paid except as provided hereunder. C7 a 0 • 2. Change Orders /Liquidated Damages. The parties agree that any adjustments in price or in the time for performance and any liquidated damages to be assessed against the CONRACTOR are as follows: Five (5) Change Orders totaling $63,234.38. The only remaining warranty work after the settlement described above fixed the slope of the Back Bay property was work on the pump station itself and its doors. Those fixes now are complete. 3. Remaining Work. The only remaining warranty work after the settlement described above fixed the slope of the Back Bay property was Work on the pump station itself and its doors. Those fixes now are complete. None. ® Now that the settlement has been concluded, District will pay amounts retained. 4. Notice of Completion /Payment of Retention. The parties agree that a Notice of Completion will be filed and that the retention amount, consisting of 5% of the contract amount, shall be released to CONTRACTOR 35 days after recording if no outstanding stop notices, DLSE liens or similar deductions exist. 5. Stop Notices /DLSE Withholds. The parties acknowledge that the following stop notices (or suits to enforce such stop notices), USE withhold orders, District deductions for administering stop notices and related matters have been withheld from the job: None 6. Warranty. Nothing herein excuses the CONTRACTOR from honoring its one -year warranty of the work performed under this Contract. The terms of this Board of Directors October 26, 2010 Page 8 of 10 AGREEMENT shall not excuse the responsibility of the CONTRACTOR to guarantee all work for a period of one (1) year from the date of acceptance of all improvements by the DISTRICT. CONTRACTOR shall repair and replace any and all improvements damaged or failed, ordinary wear and tear and extraordinary abuse or neglect excepted. 7. Release and Indemnification. It is understood and agreed by the undersigned that the facts with response to which the foregoing RELEASE is given may hereafter turn out to be other than or different from the facts now known to be or believed by said undersigned to be true, and the undersigned hereto expressly assume the risk of the facts turning out to be different than they now so appear, and agree that the foregoing RELEASE shall be, in all respects, effective and not subject to termination or rescission by any such difference in facts. The undersigned hereby expressly waive any and all rights the undersigned have or may have under California Civil Code Section 1542, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the Release which if known by him must have materially affected his settlement with the debtor." It is understood and agreed that this settlement is a compromise of doubtful and disputed claims and that the release made by the CONTRACTOR and DISTRICT herein are not to be construed as an admission or admissions of liability on the part of either party and that the parties deny liability thereof and intend merely to avoid litigation and to buy their peace. The undersigned agree that they will forever refrain and forebear from commencing, instituting or prosecuting any lawsuit, action or other I • • Board of Directors October 26, 2010 Pape 9 of 10 • proceeding against the other party based on, arising out of, or in any way connected with the subject matter of this AGREEMENT. The CONTRACTOR hereby releases and agrees to indemnify the DISTRICT for all claims, including those of its subcontractors, for any and all delay and impact costs. 8. No Assignment. The CONTRACTOR represents and warrants to the DISTRICT that the CONTRACTOR has not heretofore assigned or transferred or purported to assign or transfer to any person, firm, corporation, association or entity any of the rights, claims, warranties, demands, debts, obligations, liabilities, actions, damages, costs, expenses and other claims whatsoever, and the CONTRACTOR agrees to indemnify and hold harmless the DISTRICT against, without limitation, any ® and all rights, claims, warranties, demands, debts, obligations, liabilities, actions, damages, costs, expenses and other claims, including attorneys' fees, arising out of or connected with any such assignment or transfer or purported assignment or transfer. 9. Binding on Successors. This AGREEMENT and the releases contained herein shall be binding on each of the parties' heirs, successors and assigns. 10. Representation. The undersigned acknowledge that they have been represented by counsel of their own choice in connection with the preparation and execution of this mutual AGREEMENT. The undersigned acknowledge and represent that they have read this mutual RELEASE OF ALL CLAIMS in full and understand and voluntarily consent and agree to each and every provision contained herein. 11. Integration. The undersigned further declare and represent that no • promise, inducement or agreement, not herein expressed, have been made to the undersigned and that this AGREEMENT contains the entire agreement among the Board of Directors October 26, 2010 Page 10 of 10 parties hereto and that the terms of this AGREEMENT are contractual and not a mere recital. 12. Authority. The persons executing this RELEASE OF ALL CLAIMS represent and warrant to the other party that the execution and performance of the terms of this AGREEMENT have been duly authorized by all requisite corporate, partnership, individual, or other entity requirements and that said persons have the right, power, legal capacity and authority to execute and enter into this AGREEMENT. Executed this day of COSTA MESA SANITARY DISTRICT GENERAL MANGER ATTEST: DISTRICT CLERK APPROVED AS TO FORM: District Counsel 2010, at Costa Mesa, California. VADNAIS CORPORATION BY: TITLE: • • .7 .4 Meetin Date Item ih tmbet 10/26/10 1 XI. . COST .A MESA SAjVZ4R(yq)ISTR1CT Memorandum To: Board of Directors ... an Independent Specia(District Via: Scott Carroll, General Manage From: Robin B. Harriers, District Engineer Date: October 26, 2010 Subject: #187 District Yard — Acceptance Summary Construction of the improvements was completed on October 9, 2010 and it• is appropriate for the District to final the project and file a Notice of Completion. Staff Recommendation • That the Board of Directors approves the following action: 1. Accept improvements as completed and file a Notice of Completion. 2. Authorize payment of 5% retention 35 days after Notice of Completion is recorded. 3. Exonerate Labor and Material Bond after Notice of Completion is recorded and exonerate Faithful Performance Bond one year after Notice of Completion is recorded. 4. Approve the Final Closeout Agreement and Release of All Claims Analysis Construction of the District Yard, including the building and site improvements, was completed on October 9, 2010 by Howard S. Wright Constructors. The project was very successful and is being submitted to the United States Green Building Council (USGBC) for platinum accreditation. The building is energy efficient, "smart ", has advanced mechanical systems, and makes use of natural daylight, air, and heat from ® the sun's rays. The Open House for the site is scheduled for October 30, 2010. 1totecting our community s health and the environment 6y providing solid waste andsewer corlection services. www. crosdca.gov Board of Directors October 26, 2010 Paae 2 of 2 Strategic Element & Goal Not applicable. Legal Review Not applicable. Financial Review The original construction contract amount for the District Yard Project was $2,161,546. A contingency of $219,721 was set aside for the project. The project has been completed with construction costs of $2,281,006.20. There were 34 change orders required totaling $119,460.20. The remaining contingency balance of $100,260.80 will be applied to non - construction project costs as needed. Once the notice of completion is recorded and all stop notices have been cured the retention of $114,050.31 will be released. 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 October 26, 2010 Board of Directors regular meeting at District Headquarters and on the District's website. Alternative Actions Refer the matter back to staff for additional information. Reviewed by: Sherry Kallab Administrative Manager 40 p I EXEMPT RECORDING REQUESTED ® PURSUANT TO SECTION 6103, GOVERNMENT CODE • AND WHEN RECORDED MAIL TO: JOAN REVAK CLERK OF THE DISTRICT COSTA MESA SANITARY DISTRICT 628 W. 19TH STREET COSTA MESA, CA 92627 -2718 THIS SPACE FOR RECORDER'S USE ONLY NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is owner of sewer facilities as hereinafter described. 2. The full name of the undersigned is COSTA MESA SANITARY DISTRICT. 3. The full address of the undersigned is 628 W. 19th Street, Costa Mesa, CA 92627 -2718. 4. The nature of the title of the undersigned is owner of sanitary sewer facilities installed in Irvine Avenue, southwesterly of Mesa Drive, described as District Yard under project number CMSD #187 5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: None 6. The names of the predecessors in interest of the undersigned if the property was transferred subsequent to the commencement of the work of improvement herein referred to: None 7. A work of improvement on the property hereinafter described was completed on or around October 9, 2010. 8. The name of the contractor, if any, for such work of improvement was: • Howard S. Wright Constructors, Inc 1901 Nancita Circle Placentia, CA 92870 9. The property of which said work of improvement was completed is in the County of Orange, State of California, and is described as follows: as described in paragraph 4 above 10. The street address of said property is: N/A DATED this day of 2010. COSTA MESA SANITARY DISTRICT ARLENE SCHAFER, PRESIDENT ATTEST: GARY MONAHAN, SECRETARY J • v STATE OF CALIFORNIA) COUNTY OF ORANGE )SS CITY OF COSTA MESA ) The undersigned, being duly sworn says: That she is the President of the Costa Mesa Sanitary District; that she has read the foregoing instrument and knows the content thereof; and that the facts stated therein are true, and that she makes this certification by authorization granted by the Board of Directors of the Costa Mesa Sanitary District. ARLENE SCHAFER 0 • FINAL CLOSEOUT AGREEMENT AND RELEASE OF ALL CLAIMS 1. This AGREEMENT AND RELEASE OF ALL CLAIMS is made in Costa Mesa, California, this day of , 2010, by and between COSTA MESA SANITARY DISTRICT, hereinafter referred to as "DISTRICT," and HOWARD S. WRIGHT CONSTUCTORS, INC, a corporation, hereinafter referred to as "CONTRACTOR," with reference to the following facts: Recitals WHEREAS, District and Contractor entered into a contract for the construction of the District Yard (Project No. 187); and WHEREAS, the construction of the District Yard, including the building and site improvements was completed on October 9, 2010; and WHEREAS, District and Contractor do now desire to resolve all outstanding • issues not resolved by the settlement agreement and to pay any retention monies due; NOW, THEREFORE, the parties hereto AGREE as follows: 1. Original Contract. The parties agree that all terms and conditions of said Contract have been performed and all compensation due has been paid except as provided hereunder. 2. Change Orders /Liquidated Damages. The parties agree that any adjustments in price or in the time for performance and any liquidated damages to be assessed against the CONRACTOR are as follows: 34 Change Orders totaling $119,460.20 • 3. Remaining Work. None. 4. Notice of Completion /Payment of Retention. The parties agree that a Notice of Completion will be filed and that the retention amount, consisting of 5% of the contract amount, shall be released to CONTRACTOR 35 days after recording if no outstanding stop notices, DLSE liens or similar deductions exist. 5. Stop Notices /DLSE Withholds. The parties acknowledge that the following stop notices (or suits to enforce such stop notices), DLSE withhold orders, District deductions for administering stop notices and related matters have been withheld from the job:. None 6. Warranty. Nothing herein excuses the CONTRACTOR from honoring its one -year warranty of the work performed under this Contract. The terms of this AGREEMENT shall not excuse the responsibility of the CONTRACTOR to guarantee all work for a period of one (1) year from the date of acceptance of all improvements by the DISTRICT. CONTRACTOR shall repair and replace any and all improvements damaged or failed, ordinary wear and tear and extraordinary abuse or neglect excepted. 7. Release and Indemnification. It is understood and agreed by the undersigned that the facts with response to which the foregoing RELEASE is given may hereafter turn out to be other than or different from the facts now known to be or believed by said undersigned to be true, and the undersigned hereto expressly assume the risk of the facts turning out to be different than they now so appear, and agree that the foregoing RELEASE shall be, in all respects, effective and not subject to, termination ® or rescission by any such difference in facts. The undersigned hereby expressly waive any and all rights the undersigned have or may have under California Civil Code Section 1542, which provides as follows: i "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the Release which if known by him must have materially affected his settlement with the debtor." It is understood and agreed that this settlement is a compromise of doubtful and disputed claims and that the release made by the CONTRACTOR and DISTRICT herein are not to be construed as an admission or admissions of liability on the part of either party and that the parties deny liability thereof and intend merely to avoid litigation and to buy their peace. The undersigned agree that they will forever refrain and forebear from commencing, instituting or prosecuting any lawsuit, action or other proceeding against the other party based on, arising out of, or in any way connected • with the subject matter of this AGREEMENT. The CONTRACTOR hereby releases and agrees to indemnify the DISTRICT for all claims, including those of its subcontractors, for any and all delay and impact costs. 8. No Assignment. The CONTRACTOR represents and warrants to the DISTRICT that the CONTRACTOR has not heretofore assigned or transferred or purported to assign or transfer to any person, firm, corporation, association or entity any of the rights, claims, warranties, demands, debts, obligations, liabilities, actions, damages, costs, expenses and other claims whatsoever, and the CONTRACTOR agrees to indemnify and hold harmless the DISTRICT against, without limitation, any and all rights, claims, warranties, demands, debts, obligations, liabilities, actions, C7 0 damages, costs, expenses and other claims, including attorneys' fees, arising out of or connected with any such assignment or transfer or purported assignment or transfer. 9. Bindinq on Successors. This AGREEMENT and the releases contained herein shall be binding on each of the parties' heirs, successors and assigns. 10. Representation. The undersigned acknowledge that they have been represented by counsel of their own choice in connection with the preparation and execution of this mutual AGREEMENT. The undersigned acknowledge and represent that they have read this mutual RELEASE OF ALL CLAIMS in full and understand and voluntarily consent and agree to each and every provision contained herein. 11. Integration. The undersigned further declare and represent that no promise, inducement or agreement, not herein expressed, have been made to the undersigned and that this AGREEMENT contains the entire agreement among the • parties hereto and that the terms of this AGREEMENT are contractual and not a mere • recital. 12. Authority. The persons executing this RELEASE OF ALL CLAIMS represent and warrant to the other party that the execution and performance of the terms of this AGREEMENT have been duly authorized by all requisite corporate, partnership, individual, or other entity requirements and that said persons have the right, power, legal capacity and authority to execute and enter into this AGREEMENT. Executed this day of COSTA MESA SANITARY DISTRICT GENERAL MANGER ATTEST: DISTRICT CLERK APPROVED AS TO FORM: District Counsel 2010, at Costa Mesa, California. • HOWARD S. WRIGHT CONST. INC. BY: TITLE: • • l� • • • rv,twunu vale item ivumoer 10/26/10 XII. A. SERVER SYSTEM COMMITTEE AGENDA October 19, 2010, 10 :30 a.m. Costa Mesa Sanitary District 628 W. 191h Street Costa Mesa, California Directors Monahan, Ooten and Ferryman 1. Monthly Spill Statistics 11. Ill Reduction Program — Presentation of CMSD Program at 11-18 -10 WDR General Group Meeting Ill. CMSD Pumping Stations A. Quarterly staff meetings B. South Coast Plaza Pumping Station Remodel IV. Root Control Using Top Hat Installation V. Grease Recovery Device Options — CHEMSEARCH BIOAMP — SCP & Elden Pump Stations VI. OC WDR Steering Committee `Emergency Response Communications' Seminar —10 -21-10 VII. Countywide Area Spill Control (CASC) Program MOU Vill. CMSD SSMP Audit; May 2011 IX. Grade 5 Immediate Repairs (Bernard, Carnegie, West Bluff) X. 2115 Newport Blvd; Crossing Church; Fountain Connection to Sewer; 5,000 Gallons/Week XI. Pump Stations Earthquake Evaluation XII. CMSD Sewer Cleaning Program; Preparing Contract with NPSI XIII. Triennial WDR Review A. First Draft Review in November 2010 (SWRCB) XIV. Articles of Interest XV. CMSD Projects: A. Project #101 — Westside Pumping Station Abandonment B. Project #129 — Bristol Street Sewer C. Project #164 — Miscellaneous Sewer Work D. Project #171 — Irvine Pumping Station Force Main Rehabilitation E. Project #183 — System -Wide Sewer Reconstruction F. Project #183 -2 — Bristol Street North of Randolph G. Project #186 — Sewer Lateral Assistance Program H. Project #187 — District Yard I. Project #189 — Rehabilitation of Six Sewers Transferred to CMSD XVI. Next Meeting: November 9, 2010, 10:30 a.m. XVII. Public Comments Dated: October 15, 2010 Clerk of the District �y • JOHN R. HARPER' ALAN R BURNS COLIN R_ BURNS OF COUNSEL JUDY A.CURTIN• MICHAEL MONTGOMERY• •A PROFESSIONAL CORPORATION LAW OFFICES OF HARPER & BURNS LLP A MIXTPD LIABILITY PARTNERSHIP INCLUDING A PROFESSIONAL CORPORATION 453 S. GLASSELL STREET ORANGE, CALIFORNIA 92866 (714) 771.7728 FAX (714) 744 -3350 www.harperbums.com To: Hon. President and Board Members From: District Counsel Meetin Date Item Nurnbef 10/21 XIV: A RVORSIDE J SAN BERNARDINO (951) 674 -0698 Date: September 3, 2010 Re: Responsibility/Responsiveness and Prequalification (Great West v. IUSD In Great West Contractors v. Irvine Unified School District, our Court of Appeal has issued a very long and detailed opinion on the difference between a non - responsive bid and a finding that a bidder is not responsible. In the course of discussing those subjects, the Court has also touched on the subject of pre - qualifying bidders, which is a method of evaluating bidders that we intend to employ. Unfortunately, our Fourth District is the least friendly Court of Appeal towards local government and the opinion was authored by Presiding Justice David Sills, former mayor of Irvine, who is the most critical justice in our state judiciary towards local government. Justice Sills likes to be colorful in describing where local governments are wrong, usually with literary references. His opinions are entertaining and I am always glad he is not writing about me or my client. Background Facts Great West was the contractor who was the plaintiff in the case. We have experience with Great West and have resolved disputes with them on public works projects. Here Great West alleged that it was found to be a non - responsive bidder improperly. It was found to be non - responsive based on how it listed all licenses under which it had operated. The District checked state records and found other licenses that it had operated under, and thus found Great West non- responsive. Great West protested and the Court ultimately found that Great West was entitled to a hearing on the issue. The Law Public contracting statutes are of two basic types. For the non - public works variety, a fair amount of discretion is reposed in the government which allows bids to be accepted even though they are not technically the lowest, if otherwise in the public interest. In the public works variety, • however, government must generally accept the "lowest responsible bidder." "Responsible" Costa Mesa Sanitary District • Great West v. IUSD September 3, 2010 Page 2 means a bidder is trustworthy, has the capacity to do the work, and is qualified. If a bidder is to be determined to be "not responsible ", he is entitled to a hearing to dispute that finding, which could damage his reputation. Whether a bid is "non- responsive" is different. That test is whether the bidder properly responded to the notice inviting bids. It generally does not involve an investigation but a determination can be made from reviewing the bid submitted. The Facts in Great West Great West submitted its bid and was required to list every license it held or held in partnership, etc. with others. Great West listed one license. A competing bidder found out what license had been listed and the District researched the contractor's licensing records and determined that Great West had not listed all licenses, and therefore found its bid non - responsive. While there are pages describing procedural issues in the case, this Court found a way to get to the merits of the case and determine when a bid may properly be found to be non - responsive and what due process is required. Unfortunately, the Court read into the record that the District. was playing hide the ball and was not forthright in its disclosure of records, and that further strengthened the Court's opinion that the District was trying to award the contract to the bidder it desired, as opposed to the lowest responsible bidder. There had already been a prequalification process in this case and Great West pre - qualified. The Court found that the finding of non - responsiveness in this case was more like a finding of being "not responsible ", and therefore, a hearing needed to be provided based on the facts of the case. The Courts Decision on Non - Responsiveness The Court found that in cases in which it can be determined that the bidder is non - responsive by looking at the bid itself, that perhaps no hearing was required. But the Court found that in situations such as this one, where the public agency was required to investigate matters outside the bid form, a hearing should probably be provided. In this case, the public agency could have learned that the failure to list a license was so remote in time and involved such a minor joint venture, that it would not have mattered to the public agency. The Court provided the following guidance to a public agency: • Costa Mesa Sanitary District Great West v. IUSD September 3, 2010 Page 3 "Responsiveness" is when the bid promises to do what the bidding instructions demand. When there is literal compliance with the bidding instructions (like the license is listed but the public agency has concerns about the listing), then a due process hearing may be required when the public agency nevertheless determines that the bid is non - responsive, based on the following factors: 1. The complexity of the problem and the ensuing need for subtle administrative judgment. 2. The need for information received outside the bidding process. 3. Whether the problem is the sort that is susceptible to categorical hard and fast lines, or whether it is better handled on a case by case basis. 4. The potential for adverse impact on the business reputation of the bidder. 5. The potential for innocent bidders to be subject to arbitrary or erroneous disqualification. The Court found all of these factors worked in favor of a finding that Great West's disqualification was for being not responsible. The Court found that this was a complex problem (whether the license status was correctly stated), that there was need to go outside the document, to find out that the bidder may have submitted a non - responsive bid, that a case by case basis ® would need to be used since the bidder's error was a very judgmental finding; that the bidder could be labeled as untruthful if disqualified without a hearing, and that he may have been an innocent bidder. Conclusion This case is very timely as we employ prequalification, and otherwise, take steps to avoid contracting with .unqualified persons' who do not have the experience to do our work. This case now makes it clear that hearings may be required in "non responsive" determinations, depending on the nature of the non responsiveness. Respec lly submitted, Alan R. Burns District Counsel cc: General Manager District Engineer Operations Manager District Clerk • JOHN R. HARPER• ALAN R- BURNS COLIN R. BURNS OF COUNSEL JUDI A. CURTIN• MICHAEL MONTGOMERY* LAW OFFICES OF HARPER & BURNS LLP A MUM LIABRM PARTNERSHIP INCLUDING A PROFESSIONAL CORPORATION 453 S. GLASSELL STREET ORANGE, CALIFORNIA 92866 (714) 771 -7728 FAX (714) 744.3350 www.hwperbums.com •A PROFESSIONALCOHPORATION To: Honorable President and Board of Directors From: District Counsel Date: October 13, 2010 Re: 2010 Annual League Conference Highlights Meetih Date Item, nlber 10/26110 Xiv. - I (951) 674 -0698 Following are highlights of the annual League Conference that may have application to the District: New CEQA Guidelines on Greenhouse Gas Emissions AB 32 was adopted in 2006. It requires the CARB to determine what the green house gas emissions were in 1990 and, after public hearings, set that limit as the limit we must attain by the ® year 2020. SB 97 was adopted in 2007 and required the OPR to develop CEQA Guidelines for mitigating those emissions by Jan 2010. In Oct 2008, the CARB issued a draft in which thresholds were set. These were never adopted and the OPR issued its Guidelines on March 18, 2010. The Guidelines provide that each agency must make a good faith effort. We are required to quantify greenhouse gas emissions, minimize those emissions, and show how we can achieve the levels of reduction required. To date, 41 cities and six counties have adopted some form of plan to address climate change, although there is currently no requirement of any state or local aired district mandating such an emissions reduction plan. After the conference, the California ARB voted to approve final greenhouse gas reduction targets that regions must meet through sweeping changes to regional transportation and development planning. These targets are part of SB 375, a 2008 law. SCAG opposed the limits which are impossible for Southern California without additional state or federal assistance. [Prop 23 would suspend AB 32. Prop 375 is independent of Prop 23 and is challenge of AB 32] Significant General Cases The most significant general cases included Quon v. City of Ontario (privacy rights in city provided pager), HUB v. City of Compton (violation of conflict laws to accept campaign contribution when there is strong circumstantial evidence the payment was for the award of a contract), and Beutz v. County of Riverside. (invalidating an assessment as being in violation of Prop 218). Costa Mesa Sanitary District 2010 Annual League Conference Highlights • October 13, 2010 Page 2 Electronics and Emerging Public Records Issues There is still no definitive case on when an email sent on a private device becomes a public record. Of course, when they end up in a city email or on a city server, they lose that private status. Professional Responsibility OK I had to share part of this with you. The State Bar speaker advised the group that the reason we have laws preventing lawyers from sleeping with clients is because of LA Law and Arnold Becker. The legislators watched the show and though there ought to be a law, California strictly prohibits sex between clients and lawyers, other states are not as strict. Arnold Becker had a lasting impact on the law. Respec ly submitted, Alan R. Burns District Counsel cc: General Manager • 40 • Meeting Date Item Nur►i Vic_._ 10/26/10 XV. -A _'d RESOLUTION NO. 2010-790 WHEREAS, the Board of Directors on August.26, 2010 adopted Ordinance No. 78 Repealing Chapter 4.05 in its Entirety from the Operations Code and Establishing a new Ordinance for Competitive Biding and Purchasing and; WHEREAS, that Ordinance was published in the Newport Beach /Costa Mesa Daily Pilot on September 30, 2010 and • WHEREAS, Health and Safety Code Section 6490 provides that an order of the Board that publication has occurred is conclusive evidence that publication has properly been made; NOW, THEREFORE, the Board of Directors does hereby resolve: That it is hereby ordered and decreed that publication of Ordinance No. 78 repealing Chapter 4.05 in its entirety from the Operations Code and establishing a new Ordinance for Competitive Bidding and Purchasing has occurred. PASSED and ADOPTED on this 26th day of October 2010. Secretary, Costa Mesa Sanitary District President, Costa Mesa Sanitary District 0 Board of Directors Board of Directors STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF COSTA MESA ) I, Joan Revak, Clerk of the Costa Mesa Sanitary District, hereby certify that the above and foregoing Resolution No. 2010 -790 was duly and regularly passed and adopted by said Board of Directors at a regular meeting thereof held on the 26th day of October 2010. 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 • • Board of Directors Arlene Schafer Robert Ooten Gary Monahan Arthur Perry James Fer ynian Staff Scott C. Carroll General Manager Robin B. Hangers District Engineer (949) 631 -1731 Joan Revak Office Manager �rk of the District Alan R. Burns Legal Counsel Marcus D. Davis Treasurer Phone (949) 645 -8400 Fax (949) 650 -2253 Address 628 W. 19th Street Costa Mesa, CA 92627 -2716 • �! Printed on Recycled Paper Meeting Date I Item 44MW 10/26/10 XV __B Cost-a- Melsa Sanitar Dleoantrlect-. an Inbepenbent Special District October 1, 2010 Mr. Gabriel Del Real Adams Elementary School 2850 Club House Road Costa Mesa, CA 92626 RE: 2010 Telephone Book Recycling Fundraising Opportunity and Contest Dear Mr. Del Real: The Costa Mesa Sanitary District began Orange County's first telephone book recycling program in 1989 and has transformed the event into a rewarding and educational contest for the students and schools. During the past 21 years over 436,027 telephone books have been collected and recycled and we are inviting your school and students to participate in this year's fall program. This program provides a simple fundraising opportunity with minimal effort. The District will place a bin at your school where outdated phone books collected by your students will be accumulated. The District provides flyers to promote the event and will empty the bin and track the tonnage for each school. By participating in our program, your school can earn $300 to $1,000, as described below, and the students will learn about recycling. Participation awards are based on the enrollment population of each school using the following formula: $1.00 per student up to a maximum of $400. To encourage all schools to participate there is a minimum award of $300. Additionally, a grand prize award of $400 will be given to the Elementary, Jr. High and High School collecting the, greatest number of pounds of phone books per student. This method provides all schools an equal opportunity to earn a grand prize award, even if they have lower enrollment totals! Last year the CMSD Board of Directors also awarded an Exceptional Effort Award in the amount of $800 given to schools collecting over 20 lbs. per student, a Grand Prize Award to one school in each category, elementary, middle & high school, collecting the greatest # of lbs. per student and a $500 Award for schools collecting over 10 -20 lbs. per student. PLEASE NOTE: To qualify for the minimum $300 award, your school must collect a minimum of one -half book per student. Protecting our community's " and the envmmmmt by providing solid waste and sewer co&bon wmice& www.cros6ca.gov i` T --rict sta Mesa Sanitary is's ... an InUpenbent Special District • PQ Aj To be eligible, your school must designate what will be obtained with the funds and included is a list of last year's participants and their incentive awards. Please choose something that the entire school will have the opportunity to enjoy. The program challenges the students to collect the most telephone books and be rewarded, in addition to providing a hands -on opportunity for students to learn about recycling. All Costa Mesa public and private schools are being invited to participate in this year's recycling event. The 2010 program will occur between November 15, 2010 and December 17, 2010. Please fax the attached response form to the Costa Mesa Sanitary District office by October 15, 2010. The Costa Mesa Sanitary District is anticipating that ALL schools will participate in this worthwhile recycling project. Please take a moment and fax your response today. If you have further questions, please call me at (949) 645 -8400, ext. 223. Respectfully, t r Joan Revak Program Manager • Protecting our community's �eaft6 b� providing soiia waste ancb sewer coffection services. www.crosbca.gov .r • • r� Costa Mesa ,Sanitary District Awards 2009 2efephone Boob, pcydtng ftogram School Name Award Designated Use Adams School $300 Instructional Materials California School $300 Playground Equipment Charles TeWinkle School $700 Student Activities and Awards College Park School $300 Classroom Supplies Davis School $300 Classroom Supplies Estancia High School $700 Leadership Camp Harper Preschool Center $1100 School Supplies Kaiser Elementary School $300 Classroom Supplies Killybrooke School $300 Library Books Kline School $1500 Smart Technologies Mariners School $300 Library Books and Reading Incentive Program Newport Heights Elementary School $300 Technology and Library Books Paularino School $300 Technology and Supplies Pomona School $300 Library, Technology and Enrichment Activities Rea Elementary School $300 Classroom Supplies and Student Awards Sonora School $300 Classroom Supplies St. Joachim Elementary $1100 Technology Improvement St. John the Baptist $800 Smart Board Wilson School $300 Instructional Materials Woodland Elementary School $300 ITechnology Improvement Costa Mesa Sanitary district Yes! Our school will participate in the Costa Mesa Sanitary District's 2010 Phone Book Recycling Program. No. Our school will not be participating in the Costa Mesa Sanitary District's 2010 Phone Book Recycling Program. Please let us know the reason your school is not participating: School Name: School Address: Name of Contact Person at School: Phone Number of Contact Person: Fax Number of Contact Person: How many students are enrolled at your school? Please tell us how your school will use the award money: Return this response form by fax; 9491650 -2253 Costa Mesa Sanitary District 628 W. 19th Street Costa Mesa, CA 92627 If additional information is needed Call 9491645 -8400, ext. 223 • Oead/ine; October 15 2010 0 1 Meetin Date Item Numbed _ f 10/26/10 XV._c J COSTA MESA Ss'1�1L17�1�'DI,97'�IC7 Memorandum To: Board of Directors ... an Independent Specia[Distl ict Via: Scott Carroll, General Manag From: Joan Revak, Clerk of the District Date: October 26, 2010 Subject: Open House /Dedication of District Yard — October 30, 2010 Summary The Open House /Dedication of the District Yard will be held on Saturday, October 30, 2010 from 11:00 a.m. to 1:00 p.m. ®. Staff Recommendations Accept report. Analysis The Yard Dedication and Open House is scheduled for Saturday, October 30, 2010 from 11:00 a.m. to 1:00 p.m. President Schafer will speak and give a history of the Yard and the significance of a "green" building. Costa Mesa Mayor Allan Mansoor will present a proclamation and City of Costa Mesa Planning Commission Chair James Righeimer will present a Green Design Award. Orange County Supervisor John Moorlach will speak as will Lisa Kramer, Executive Director of the Orange County Chapter of the U.S. Green Building Council. Legal Review Not applicable. Financial Review Staff estimates the cost of the event to be approximately $10,000. • Protecti ng our communi t 's health and the environment by providing solid waste and sewer collection services. www.cnudcagov Board of Directors October 26, 2010 Page 2 of 2 Public Notice Process Copies of this report are on file with the entire agenda packet at District Headquarters and on the District's website. Reviewed by: Sherry Kallab Administrative Manager • 1�