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Agenda Packets - Board - 2009-04-27Cosa Mess. S a nr J ar . i t j, ... an Independent Special District Robert ®oten Vice President James Ferryman Director Arlene Schafer President Gary Monahan Secretary Arthur Perry Director 0 Regular Meeting - Monday, April 27, 2009 RECOMMENDED ACTION I. CALL TO ORDER —11 :45 a. M. — 628 W. 19th Street, Costa Mesa II. PLEDGE OF ALLEGIANCE — Director Ooten III. INVOCATION — Thomas Fauth IV. ROLL CALL (If absences occur, consider whether to deem those absences excused based on facts presented for the absence — such determination shall be the permission required by law.) V. 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 Minute Approval 1. City /Districts Liaison Committee Meeting — January 9, 2009 2. Sewer System Committee Meeting —March 11, 2009 Protecting our community's Health by providug solod waste and sewer collection services. www.crosdca.qov Carta, Mesa Samta -q District April 27, 2009 AGENDA Page 2 RECOMMENDED ACTION 3. Recycling Committee Meeting — March 23, 2009 4. Regular Meeting — March 20, 2009 5. Special Meeting — April 3, 2009 Manager's Reports 6. Refunds No Refunds 7. Occupancy Report and payment to Costa Mesa Disposal — April 2009 Approve 8. Monthly SSO Report to State Water Resources Control Board Receive & File 9. CMSD Staff Human Resources Meeting — March 20, 2009 Receive & File 10. Waste Diversion Report —April 2009 Receive & File 11. Contract Payment to CR Transfer for Recycling Services & Disposal Ratify Payment for April 2009 12. Ordinance Enforcement Officer's Report Receive & File Engineer's Reports 13. Project Status Report Receive & File Treasurer's Reports 14. Financial Reports as of March 31, 2009 Approve 15. Treasurer's Reports as of March 31, 2009 Approve 16. Warrant Register for the month of March 2009 in the amount of Ratify Payments $525,326.76 17. Directors' Compensation and Reimbursement of Expenses for the Approve Compensation Month of March 2009 & Ratify Expenses -------------------------------------- - - - - -- -END OF CONSENT CALENDAR-------------------------------------- - - - - -- VI. WRITTEN COMMUNICATIONS VII. PUBLIC COMMENTS VIII. MANAGER'S REPORTS A. District Yard — 174 W. Wilson Street — CMSD #187 1. Estimate of Overall Construction Phase Costs Discussion 2. Selection of Contractor Award Contract Protecting our community's health by providing solid waste and sewer collection services. w ,qov Costa. Mesa Samta-r�q District April 27, 2009 AGENDA .Page 3 RECOMMENDED ACTION 3. Consultant Construction Phase Proposals Approve Proposals B. Strategic Planning Workshop for 2009 -2010 Postponed; Consider New Date C. Ordinance Enforcement Officer Transition Accept Report D. Grant Research Accept Report E. Sewer System Committee 1. Report on meeting held April 21, 2009 Accept Report 2. Transfer of Sewers from OCSD to CMSD Accept Report 3. Project #186 Sewer Lateral Assistance Program Update F. SDLF Accreditation Manager /District Engineer's Attendance at Governance Training April 24, 2009 G. County of Orange Waste Disposal Agreement Consider H. Recycling Committee — Monday, April 20, 2009, 11:45 a.m., CMSD Board Room, 628 W. 19th Street, Costa Mesa (Directors Ooten and Perry) 1. Recycling Committee Goals for 2009 -2010 Update 2. Orange County Waste & Recycling Sub - Regional Meetings and Accept Report Grant Program a. May 2, 2009 Community Gardens Composting Presentation Accept Report Del Mar Community Garden 3. CR &R Report on Other Agencies Recycling Programs Accept Report 4. Disposal of Residential Grease in CMSD Trash Collection Program Accept Report 5. Presentations a. Two Plastics Presentations to Paularino Elementary, K -5, Accept Report held on March 26, 2009 b. Waste -Free Lunch Day at Christ Lutheran School — April 1 Accept Report and April 22, 2009 6. TeWinkle School Plastics Recycling Check for $300 Authorize Payment 7. "Everything Green" Publication in Daily Pilot Accept Report Protecting our community's health by providing solid waste and sewer collection services. gov C /ost t.Mesa SGf mtaq Dstylct April 27, 2009 AGENDA Rage 4 RECOMMENDED ACTION 8. Costa Mesa Community Run — April 17 -18, 2009 Accept Report 9. Report on Other CMSD Recycling Programs Accept Report IX. ENGINEER'S REPORTS A. Waste Discharge Requirements (WDR) Update B. Project #183 -3 TRC Proposal to Perform SCADA System Maintenance Approve Proposal X. TREASURER'S REPORTS A. Request for Additional Monthly Financial Report Consider B. Preliminary Budget for FY- 2009/2010 Distribute Preliminary Budget C. Agreement with Attorney Steve Filarsky for Personnel Services Approve Agreement XI. ATTORNEY'S REPORTS A. Claim by Back Bay Center, Ltd. For Property at 2651 -2675 Irvine Avenue Status Report • (CMSD Project #168 — Irvine Pump Station Relocation) B. Multi -Year Rate Increase Legal Opinion from Associate Counsel C. NMUSD Use of CMSD Sewer Easement Consider Agreement D. GIS Copyrighted Product Available as a Public Record (County of Accept Report Santa Clara v. Superior Court) XII. LOCAL MEETINGS (REMINDER: In accordance with AB 1234 (Gov. Code § 53232.5), a report is required to be given by a Director for any meeting for which expense reimbursement of any kind is provided. Note: For meetings for which the per diem compensation is sought, the Operations Code provides that such compensation is authorized for each day's service rendered as a Director at the request of the Board (not to exceed six days in one month), and certain meetings are specified as being eligible as set forth in District Operations Code § 3.01.030. For meetings not so listed, the Board must approve the service for it to be eligible for the per day compensation.) A. Orange County Sanitation District (OCSD) (Director Ferryman) Accept Report B. Santa Ana River Flood Protection Agency (SARFPA) Accept Report (Director Perry) • C. Independent Special Districts of Orange County (ISDOC) Accept Report (Director Schafer) Protecting our community's health by providing solid waste and sewer collection services. wa w.crosdcaAov Costa Mesa Sanitarq District AGENDA April 27, 2009 Page 5 XIII. OLD BUSINESS A. Proclamations for Costa Mesa Chamber of Commerce 2009 Hall of Fame Awards on April 23, 2009 1. Community Spirit Award for Alan Greeley of the Golden Truffle Ratify 2. Corporate Leadership Award for Rob Lucenti and Steve Pizula Ratify of Deloitte • 3. Individual Achievement Award for Steve Mensinger, Ratify Costa Mesa Pop Warner Youth Football and Cheerleading XIV. NEW BUSINESS A. SDRMA Notice of Nominations for SDRMA Board of Directors Consider September 2009 Election XV. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS XVI. ADJOURNMENT r� Protecting our community's health by providing solid waste and sewer collection services. www.crosdca.Sov RECOMMENDED ACTION D. Local Agency Formation Commission (LAFCO) Accept Report 1. Best Practices Summit held on March 27, 2009 Accept Report E. California Special Districts Association (CSDA) Accept Report (Director Schafer) 1. Special Districts Legislative Days — May 5 -6, 2009, Sacramento Consider Attendance F. California Association of Sanitation Agencies (CASA) Accept Report G. Other Meetings Qualifying for Reimbursement under CMSD Report on Matters Ordinance No. 55, Operations Code Section 3.01.030 Pertaining to CMSD XIII. OLD BUSINESS A. Proclamations for Costa Mesa Chamber of Commerce 2009 Hall of Fame Awards on April 23, 2009 1. Community Spirit Award for Alan Greeley of the Golden Truffle Ratify 2. Corporate Leadership Award for Rob Lucenti and Steve Pizula Ratify of Deloitte • 3. Individual Achievement Award for Steve Mensinger, Ratify Costa Mesa Pop Warner Youth Football and Cheerleading XIV. NEW BUSINESS A. SDRMA Notice of Nominations for SDRMA Board of Directors Consider September 2009 Election XV. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS XVI. ADJOURNMENT r� Protecting our community's health by providing solid waste and sewer collection services. www.crosdca.Sov a • A14A+sa consolidated a ter District CITY /DISTRICTS LIAISON COMMITTEE MEETING MINUTES City Committee Members: Absent: Mesa Committee Members: FRIDAY, January 9, 2009 8:00 a.m. MESA CONSOLIDATED WATER DISTRICT 1965 Placentia Avenue Costa Mesa, California 92627 0 CMSD Committee Members: General Allan R. Mansoor, Mayor Allan Roeder, City Manager Eric R. Bever, Council Member Shawn Dewane, President Fred Bockmiller, First Vice President Lee Pearl, General Manager Robert Ooten, Vice President James Ferryman, Director Rob Hamers, Manager /District Engineer Tom Fauth, Assistant Manager Joan Revak, Board Secretary/Program Manager /Clerk of the District After the meeting was opened by Mesa President Shawn Dewane, Mr. Hamers advised the committee the CMSD has opened the meeting to all of its Directors instead of just two as determined by the Board at its December 2008 regular meeting. MWD's Draft Model Water Conservation Ordinance (Mesa) Mr. Pearl introduced the subject of MWD's water conservation ordinance in response to the state -wide water shortage. The ordinance was originally sent to cities without regard to water districts such as MCWD and IRWD who provide water service. Mr. Pearl also introduced a letter to the MWD General Manager dated December 8, 2008 and signed by various water agencies requesting consideration of various provisions to appropriately implement the proposed ordinance. CITY /DISTRICTS LIAISON COMMITTEE MEETING January 9, 2009 MINUTES Page 2 • Poseidon (Mesa) Mr. Pearl provided a brief overview of the status of the proposed Huntington Beach desalination plant to be developed by the Poseidon group. Mr. Pearl meets with Poseidon on a regular basis as well as meeting with Mr. Roeder to discuss the potential benefits to the residents of the City of Costa Mesa. The City of Huntington Beach is now moving forward again on considering the project. Mesa will also be meeting with the Mesa Verde homeowners group to provide a "water update" including the status of the Poseidon proposal. Mayor Mansoor and Mr. Roeder noted the City Council official position is in opposition to the project but are open to continuing discussions with Mesa as Mesa is taking the lead on this project. Approve Minutes of City /Districts Liaison Committee Meeting of November 14, 2008 (CMSD) After a review, the minutes were unanimously approved. The minutes are distributed by the CMSD soon after the meeting, however, a request was made by Mayor Mansoor to have the minutes distributed with the agenda for approval by a vote of the Committee members. Ms. Revak will advise the City and Mesa administrative staffs of this request. is Mutual Aid and Cooperative Projects (CMSD) CMSD Directors Ooten and Ferryman suggested the City, Mesa, and the CMSD consider when the respective agencies may provide support or services to each other. Each agency's strategic planning provides a forum for identifying and requesting support or services to simplify an agency's needs and funding. An example is Code Enforcement where the CMSD may expand its Code Enforcement Officer's hours to accommodate services desired by Mesa. Mr. Fauth will be contacting Mesa in this regard as the CMSD plans on filling its forthcoming Code Enforcement Officer open position in mid 2009. Inflow and Infiltration (CMSD) Director Ooten explained how Infiltration (the occurrence of underground water migrating into sewer lines through joints or cracks in the pipe) and Inflow (the occurrence of surface water in flooded streets entering the sewer through holes in the manhole covers or the incidence of illegal storm drain connections) cause strain on the Orange County Sanitation District treatment plants during the winter months. The 1/1 also cause increased treatment plant costs as the flow doubles during large storm events. Mr. Hamers noted the CMSD will soon be completing a District -wide sewer line televising project and will be preparing a project report that identifies 1 /I. Mr. Hamers' experience from televising the system in 1989 and beginning in 2006 is Inflow is the contributor causing the Costa Mesa area to be a significant source of 1/1 as determined by OCSD. Mr. Roeder offered to have the City's engineering staff present the City's recently completed master plan of storm drains at the forthcoming Liaison Committee meeting. CITY /DISTRICTS LIAISON COMMITTEE MEETING MINUTES • City Tree Roots (CMSD) January 9, 2009 Page 3 Mr. Roeder explained the City will most likely be offering to residents who are faced with damage to their lateral from City tree roots either the City tree be removed or the resident will be offered the dollar value of removing the tree. CMSD Sewer Lateral Assistance Program (CMSD) Mr. Hamers provided a review of the program whereby the CMSD reimburses a property owner of up to 50% of their cost of sewer lateral work not to exceed $1,800. The program is in its second fiscal year and is well received by the residents. Mr. Fauth gave a PowerPoint presentation of the program to the City's development services department on January 8, 2009. Director Bockmiller offered to have CMSD flyers of the program at the Mesa front desk and to add the information into the Mesa newsletter distribution. Costa Mesa Commercial Trash (CMSD) Director Ferryman suggested the CMSD is always poised to assist the City in administering the commercial trash program. Director Bockmiller mentioned the current open system results in multiple owned trash trucks traversing his alley and prematurely wearing out the asphalt paving. Mr. Hamers noted the education component is very important for business recycling and a part of AB939. Mr. Fauth noted the City and CMSD share a grant from OC Waste and Recycle and are working well together in administering various programs. Public Comments No members of the general public were in attendance. Next Meeting The next meeting of the Liaison Committee is scheduled for 8 a.m. Friday, April 10, 2009 at the Costa Mesa Sanitary District. Gary Monahan, Secretary Costa Mesa Sanitary District • Arlene Schafer, President Costa Mesa Sanitary District LJ • COSTA MESA SANITARY DISTRICT MINUTES OF SEWER SYSTEM COMMITTEE MEETING MARCH 11, 2009 CALL TO ORDER DIRECTORS PRESENT: DIRECTORS ABSENT: Board members of the District met in Committee 2009 at 10:30 a.m. at 62 8 Mesa. Costa Mesa Sanitary session on March 11, W. 19th Street, Costa Director Monahan called the meeting to order at 10:30 a.m. James Ferryman; Gary Monahan; Bob Ooten STAFF PRESENT: Robin Hamers, Manager /District Engineer; Thomas A. Fauth, Assistant Manager; Joan Revak, Board Secretary, /Program Manager/ Clerk of the District; Sherry Kallab, Management Analyst; Karl Dulake, Maintenance Supervisor; Teresa Gonzalez, Accountant; Janel Jackson, Office Specialist 11; Paul Guzman, Inspector. OTHERS PRESENT: MONTHLY SSO STATISTICS Dennis Keene, National Plant Services Director Monahan noted there were no new spills since the last meeting. CMSD LINE CLEANING AFTER CCTV PROJECT COMPLETION Mr. Hamers explained Staff is in the process of planning the cleaning schedule to follow the co- operative CCTV project with OCSD when completed at the end of this month. The results from the CCTV project will be used to produce two reports. One report will be an Infiltration and Inflow report for OCSD. The second report will be the District's roadmap for the future. Industry and District standards recommend a maximum of no more than 3 years between line cleanings. The sewer line cleaned between January and June 2006 is now due to be cleaned. On the March 20, 2009 Board Agenda Staff is requesting authorization for National Plant Services, Inc., (NPSI) to begin cleaning the lines from now through June 30, 2009. Ms. Gonzalez stated the balance in the budget account for line cleaning should cover the cleaning costs through June 09. District COSTA MESA SANITARY DISTRICT MINUTES OF L50ARD OF DIRECTORS ,EWER ,YSTEM t;OMMITTEE MEETING u °R MARCH 11, 2009 -` PAGE 2 • inspectors and the sewer maintenance supervisor are in the process of designating District lines into 1, 2, or 3 year cleaning cycles. Staff recommends Board approval to enter into an interim agreement through June 06 and a follow -on contract with NPSI for FY09 /10 to provide sewer line cleaning services. After completion of the District yard, Staff will provide an analysis of an in -house vs. a contract cleaning crew. Director Monahan suggested a three year contract beginning July 09 for system cleaning and evaluate a second crew at a later date. Staff will continue the planning process. Mr. Dulake recommended NPSI use GPS to precisely locate District manholes. Mr. Keene noted the costs for GPS marking of manholes would be relatively small when done in conjunction with line cleaning. Mr. Keene described his belief in customer service and his willingness to meet District needs. INFILTRATION AND INFLOW (I &I) The Committee viewed a video of significant infiltration in the sewer line located on Coolidge Avenue. The line connects to the OCSD Baker Gisler Line. Staff requested a quote from Sancon to repair the line. Mr. Hamers noted it is virtually impossible to stop infiltration from the inside of the pipe; in a manhole the procedure would be to drill through the concrete and have it pushed back to stop the infiltration. After infiltration is stopped, a liner can be inserted and sealed at both ends. At the April 10, 2009 Liaison Committee meeting, the City of Costa Mesa Engineering Staff will present a "Master Plan Storm of Drains" overview. CMSD gave up their time to OCSD to enable OCSD Staff to share their presentation detailing the effects of surface water flowing in though manhole covers (inflow). The hope is to form a nexus between to two agencies. PROJECT #182: ANALYSIS OF CCTV DATA Staff will prepare a proposal to analyze the data after the CCTV project is complete. COST ACCOUNTING METHOD OF CONSTRUCTION BIDDING (PUMP STATIONS, MANHOLE REHAB, OFFSETS) Mr. Hamers reported Staff is moving forward on use of the cost accounting method of construction bidding. Mr. Fauth noted a handout is included in the Committee packet covering the limits and requirements. BIG DIPPER Mr. Hamers reported the Orange County Health Care Agency (OCHCA) approved the installation of the Big Dipper, an automatic grease removal device, under the sink in food service establishments. Photographs of the device were included in the packet. District Staff opened up a dialog with OCHCA. Currently, all kitchen and restaurant plans have to h COSTA MESA SANITARY DISTRICT s° MINUTES OF BOARD OF DIRECTORS SEWER SYSTEM COMMITTEE MEETING MARCH 11, 2009 F PAGE 3 be plan checked by OCHCA. All agencies involved are trying to be business friendly. Mr. Fauth added John Schafer is looking for 4 or 5 locations in Orange County to test the devices at no cost. Mr. Dulake asked the OC Fair Grounds Restaurant to contact Mr. Schafer to be a test site. Mr. Fauth will contact Mr. Schafer to offer Director Monahan's restaurant as a test site. Mr. Hamers requested Staff provide information on the Golden Bell grease interceptor mini treatment plant at the next Sewer Committee meeting. SAN FRANCISCO SSO Mr. Fauth commented on an article provided to the Committee regarding an SSO into San Francisco Bay. The article states in 2008 alone over 2000 spills dumped an estimated 15 million gallons of raw and partially treated human waste into the bay. VIDEO UPDATE - LIQUID WASTE MODUAL Mr. Fauth displayed a drawing of a more realistic private sewer lateral as opposed to a stick drawing to be used in the upcoming CMSD "Moving Mountains For You" video. The drawing portrays the 2% flow, how it dips down and flows to the main sewer line. Ms. Kallab reported the video was due to be completed by the March 20, 2009 Board meeting but the latest changes have not been completed. The April 27, 2009 Board meeting is the new target date. DEVELOPMENT OF CIP BUDGET Director Ooten requested Staff provide a one page summary of projects depicting the engineer's project estimate and expected budget vs. actual expenditures for the current year along with what has been spent in the prior years as part of the coming year's budget document. A decision will be made later if the report would be helpful on a monthly basis. FINAL NATIONAL CLAY PIPE INSTITUTE (NCPI) REPORT - LAGUNA BEACH CLIFFS PHOTO The Committee received a copy of the final report from the NCPI study on calcium buildup in sewer pipes. One area under debate is if the minerals accessed the lines through manholes. The report will be made available at the CWEA conference later this year. NCPI is working on a solution to remove the calcium. Mr. Hamers requested the District inspectors and sewer maintenance supervisor physically check the manholes upstream from District calcium problems on Rose Lane to determine if infiltration is coming in through the manholes. TRANSFER OF SEWER LINES FROM OCSD TO CMSD COSTA MESA SANITARY DISTRICT . -.,. MINUTES OF BOARD OF DIRECTORS SEWER SYSTEM COMMITTEE MEETING MARCH 11, 2009 PAGE 4 Director Ooten reported OCSD engineers are estimating the costs of repairs to be done on lines to be transferred. If the repairs are less than $100,000, the agreement can move forward - if over $100,000 the agreement will have to go back to the OCSD Board for approval. Mr. Hamers estimates repairs to be over $100,000. DISTRICT YARD - CONTRACTOR SELECTION PROCESS /SCHEDULE Staff scheduled a meeting on March 20, 2009 with Directors Ferryman, Ooten and the design team. CANYON LIFT STATION PUMP REPAIR Mr. Fauth reported one pump at Canyon Pump Station went out February 6, 2009. Staff met with JIMNI Systems, Inc., (the District contractor responsible for installing some equipment to prevent power surge damages) and Flygt representatives (the pump manufacturer) to determine the cause of the pump damage. The exact cause of the malfunction could not be determined. A resolution was reached for the District and the two contractors to split the $5,700. costs of rebuilding the pump. PROJECT #129 BRISTOL STREET SEWER; UPDATE ON DESIGN . PHASE Mr. Hamers reported the project is moving along. The intent is not to put a pump station at the Bristol Street location but to replace the pipe to increase the line volume transportation capacity. The Irvine Pump Station was sized for the economic growth of the Bristol area. NO CHANGE PROJECT #164 MISCELLANEOUS SEWER WORK Mr. Dulake reported sensors and components have been installed in the last two stations. The crew implemented the maintenance schedule of turning pump station valves at regular intervals. NO CHANGE #168 IRVINE PUMPING STATION RELOCATION - UPDATE ON CONSTRUCTION & DAMAGE TO ADJOINING PROPERTY Project is complete. The party's attorneys are addressing the parking lot damage resolution. NO CHANGE PROJECT #170 PREPARE EMERGENCY RESPONSE PLANS for PUMPING STATIONS 0 COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS SEWER SYSTEM COMMITTEE MEETING uv MARCH 11, 2009 PAGE 5 Joe Sinicori and Paul Guzman are working on emergency response plans for all 20 pump stations. The project will take at least another 6 months to complete. NO CHANGE PROJECT #171 IRVINE PUMP STATION FORCE MAIN REHABILITATION Mr. Guzman reported the design and timing are being reviewed for replacement of an additional 2000 ft section all the way to the Elden pump station, with 450 ft currently completed. NO CHANGE PROJECT #175 OCSD GRANT - TELEVISING CMSD SEWER LINES A total of 10,186.55 LF of main line CCTV and inspection occurred in February 2009. As of February 28, 2009, televising is 93.6% complete (1,057,549.75LF/1,129,420LF) with an estimated project completion date of June 2009. Discussions verified the project will be completed by the end of March since some of the CCTV footage was incorrectly reported as not completed. Staff is verifying the data with Mr.Dennis Keene. PROJECT #183 - SYSTEM WIDE SEWER REPAIR - FAIR AT HARBOR Mr. Guzman reported 330 ft of main line from manhole to manhole is repaired with chain flinging and relining, including 270 feet of VCP and 63 feet of DIP. The project is complete. NO CHANGE PROJECT #186 - SEWER LATERAL ASSISTANCE PROGRAM Mr. Fauth reported the updated number of applicants completed and in process as well as the dollars expended by fiscal year. Director Ooten requested Staff continue to plot the number of program requests on a quarterly basis. Ms. Jackson reported one resident on Anaheim Street dropped off 10 videos for review. PROJECT #187 - DISTRICT YARD UPDATE - LEED GOLD STANDARD The District is currently at 52 credits with 3 additional pending credits (minimum 52 credits earns a platinum rating) The CMSD Yard is definitely in the gold credit rating as a minimum. Mr. Fauth reported the District is currently renting the vacant lot to a Mesa Consolidated Water District (MCWD) contractor as a staging ground to store equipment while working on a MCWD project for the period February 3, 2009 through March 31, 2009 at the rate of $20 /day. 0 NEXT MEETING COSTA MESA SANITARY DISTRICT ° - MINUTES OF BOARD OF DIRECTORS SEWER SYSTEM COMMITTEE MEETING MARCH 11, 2009 _ PAGE 6 The next meeting is scheduled for April 8, 2008 at 10:30 am. Director Monahan requested Staff mail meeting packets to recipients to receive them (for preview) by Monday before the monthly meeting. PUBLIC COMMENTS There were no public comments. ADJOURNMENT Director Monahan adjourned the meeting at 11:50 a.m. SECRETARY PRESIDENT 0 C-1 h COSTA MESA SANITARY DISTRICT MINUTES OF RECYCLING COMMITTEE MEETING March 23, 2009 The Costa Mesa Sanitary District Recycling Committee met at 12:00 p.m. at 628 W. 19th Street, Costa Mesa. Directors Present: Robert Ooten, Gary Monahan Staff Present: Rob Harriers, Tom Fauth, Joan Revak, Sherry Kallab, Denise Gilbert, Janel Jackson Others Present: Mike Carey, Orange Coast College Recycling Center Trisha Throop, CR &R Incorporated Director Ooten called the meeting to order at 12:00 p.m. 0 I. Recycling Committee Goals for 2009 -2010 U Staff reviewed the Recycling Committee Goals for 2009 -2010. The following goals will be added: Staff Training — Attend Conferences and Training on Presentations Under "Source Reduction Goals ", add: Goal to provide 250 Earth Machine composting bins by the end of 2010." II. Orange Coast College Recycling Center — Guest: Mike Carey Mike Carey of the Orange Coast College Recycling Center reported recyclable volume is running the same as last year, however, revenues are down. In 2008, one - hundred, thirty -four lbs. of a -waste was collected. The OCC Recycling Center was certified as an a -waste collector in November 2007 and kicked off the program in January 2008. Ninety -five percent of the a -waste collection is from the OCC Campus. Mr. Carey was queried on criteria for dropping off recyclables at the Center and reported the State requires the individual(s) to state where they live. If outside of the City of Costa Mesa, address must be given and they must live in Orange County. Mr. Carey stated a -waste recyclables go to Fresno, not overseas. Protecting our community's heafth by providing solid waste and sewer collection services. www.crosdca.Aov i U Costa Mesa Sanitary District Minutes of Recycling Committee Meeting March 23, 2009 Page 2 Mr. Carey reported on the feasibility of collection of Fats, Oils and Grease (FOG) at the Center with spill containment being the biggest concern. FOG spills could create a slip hazard around the collection area and would require a routine maintenance plan for keeping the area clean from splashes and spills. The recommendation is to start a pilot program, determine costs and re -visit the issue within a month. Mr. Fauth will prepare a draft of guidelines in collection of FOG. Discussion was held on the issue of signage to alert public of the OCC Recycling Center collection site. Director Monahan noted the issue of clutter and unhappy residents when there are an abundance of signs in City neighborhoods. It was suggested to limit signs to the OCC Campus. Mr. Carey will speak to OCC officials with regard to what would be appropriate. Mr. Fauth advised the CMSD can provide tours of materials recovery facility (MRF) and the landfill to OCC students. Ms. Gilbert was requested to give a list of tours and presentations to Mr. Carey. III. Orange County Waste and Recycling Sub - Regional Meetings and Grant Program Mr. Fauth reported on the OC Waste and Recycling Sub - Regional meeting held on March 19, 2009, and provided copies of the PowerPoint presentation given by Christine Knapp on Disposal Reporting and Tonnage Modification. IV. California Integrated Waste Management Board News articles were presented on Governor Schwarzenegger's proposal to slash spending by reorganizing, consolidating and eliminating certain areas of state government in order to increase efficiency and ultimately balance the budget. Included in the Governor's Reorganization Plan (GRP) is the elimination of the California Integrated Waste Management Board (CIWMB). Under the proposal, the Board would be eliminated and non - recycling aspects of the Board would be transferred to the Department of Toxic Substances Control which would be renamed the Department of Toxics and Waste Management. The recycling aspects of the Board would be moved to the Division of Recycling at the Department of Conservation. According to the proposal, these moves would save the state approximately $3 million per year. V. Tours of CR &R and Frank R. Bowerman Landfill CMSD Staff presented a tour of CR &R and the Frank R. Bowerman Landfill to students from UCI on Thursday, March 5, 2009. The 15 Japanese exchange students from the Shibaura Institute of Technology in Tokyo were impressed with the process of recycling in Orange County and seeing the landfill. Protecting our community's heafth by providing solid waste and sewer coffection services. www.crosdca..Aov :J 1�J SAA 55' VII. Presentations Costa Mesa Sanitary District Minutes of Recycling Committee Meeting March 23, 2009 Page 3 A. Plastics Presentation at Paularino School Mr. Fauth reported a Plastics Presentation is scheduled for Thursday, March 26, 2009 at Paularino School. B. Waste -Free Lunch Day at Christ Lutheran School 1. Ms. Jackson reported a preliminary meeting is scheduled for March 25, 2009 with a representative from Christ Lutheran School to discuss details of the Waste -Free Lunch Day that will be held during Earth Week. VIII. Report on Other CMSD Recycling Programs Ms. Revak presented a flyer from the LA Times Community News (Daily Pilot in Costa Mesa/Newport Beach), inviting the District's participation in an "Everything Green" section in the newspaper being published April 15, 16, 17, 2009. Ms. Revak reported there are sufficient funds in the District's Public • Information /Promotional account to allow advertising in the publication. Overall, the Committee agreed it would be a good opportunity for the District to promote its programs. Staff will meet and discuss utilizing this publication and which program(s) the District would like to promote. Mr. Hamers directed Ms. Kallab, Ms. Gilbert and Ms. Jackson to come up with topics for the publication. • Ms. Throop, Community Relations Recycling Coordinator for CR &R Incorporated was welcomed to the meeting and plans to attend the CMSD Recycling Committee meetings on a regular basis." IX. Public Comments There was no public present at the meeting. Director Ooten adjourned the meeting at 1:23 p.m. Secretary President Protecting our community's health by providing solid waste and sewer collection services. www.crosdcagou COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING MARCH 20, 2009 CALL TO ORDER The Board of Directors of the Costa Mesa Sanitary District met in regular session on March 20, 2009, at 11:45 a.m. at 628 W. 19th Street, Costa Mesa. President Schafer called the meeting to order at 1145 a.m. PLEDGE OF ALLEGIANCE Vice President Ooten led the Pledge of Allegiance. INVOCATION Mr. Fauth gave the invocation. ROLL CALL DIRECTORS PRESENT: Art Perry, Arlene Schafer, Bob Ooten James Ferryman, Gary Monahan DIRECTORS ABSENT None. STAFF PRESENT: Robin B. Hamers, Manager /District Engineer; Colin Burns, Legal Counsel; Tom Fauth, Assistant Manager; Joan Revak, Board Secretary/Program Manager /Clerk of the District; Marc Davis, Treasurer; Teresa Gonzales, Accountant; Sherry Kallab, Management Analyst; Denise Gilbert, Public Outreach Coordinator; Debbie Bjornson, Permit Processing Specialist; Janel Jackson, Office Specialist II OTHERS PRESENT: None CONSENT CALENDAR President Schafer questioned whether 3rd container payments from CR &R to the District were being made on a timely basis. Mr. Davis stated the payments were not being received as anticipated and stated a meeting will be scheduled to discuss CR &R's potential adjustment in their rate for the upcoming 2009 -2010 budget, and at that time will reiterate CMSD's Board of Directors' concerns and the need to remit payment to the District on a timely basis. MINUTES OF THE CMSD BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT MARCH 20, 2009 PAGE 2 Vice President Ooten motioned to approve the Consent Calendar. Director Perry seconded. Motion carried 5 -0. REPORTS MINUTE APPROVAL Minutes of Sewer System The Minutes of the Sewer System Committee Committee Meeting -- Meeting of February 11, 2009, were approved as February 11, 2009 distributed. Minutes of Special The Minutes of the Special Meeting of February 19, Meeting — February 19, 2009, were approved as distributed. 2009 Minutes of Recycling The Minutes of the Recycling Committee Meeting Committee Meeting -- of February 23, 2009, were approved as February 23, 2009 distributed. Minutes of Regular The Minutes of the Regular Meeting of February Meeting -- February 26, 2009, were approved as distributed. 26, 2009 MANAGER'S REPORTS REFUNDS There were no refunds for the month of March 2009. Occupancy Report and The Trash Occupancy Count documented an Payment of $196,603.05 increase of 2 units for the occupancy report for to Costa Mesa Disposal — solid waste collection as of March 1, 2009. March 2009 Therefore, the total for March is 21,474. Board directed Staff to prepare a warrant for $196,603.05 for March 2009 collection based on occupancy report. Said payment in the amount of $196,603.05 to Costa Mesa Disposal to be ratified on the April 2009 warrant register. Monthly Spill Report to The Monthly Spill Report to the State Water State Water Resources Resources Control Board (SWRCB) for March Control Board 2009 was accepted as submitted. • MINUTES OF THE CMSD BOARD OF DIRECTORS MARCH 20, 2009 OF THE COSTA MESA SANITARY DISTRICT PAGE 3 Waste Diversion Report The Waste Diversion Report dated March 2009 was accepted as submitted. Contract Payment of The contract payment of $137,144.34 to CR $137,144.34 to CR Transfer for recycling services and disposal for the Transfer — February 2009 month of February was ratified as submitted. Contract Payment of The contract payment of $7,641.35 to CR Transfer $7,641.35 to CR Transfer for recycling services and disposal for Santa Ana — Santa Ana Heights/ Heights /Newport Beach for the month of February Newport Beach — was ratified as submitted. February 2009 Ordinance Enforcement , The Ordinance Enforcement Officer's Report dated Officer's Report March 15, 2009 was accepted as submitted. ENGINEER'S REPORTS Project Status Report The Project Status Report dated March 2009 was accepted as submitted. TREASURER'S REPORTS Financial Report as of The Financial Report as of February 28, 2009 was February 28, 2009 accepted as submitted. Treasurer's Report as of The Treasurer's Report as of February 28, 2009 February 28, 2009 was accepted as submitted. Warrant 2009 -09 for Warrant Resolution #CMSD 2009 -09 was February 2009 in the approved, authorizing the President and Secretary amount of $685,180.19 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 $685,180.19. Directors Expenses for the Director Compensation and Expense Month of February 2009 Reimbursements for the Month of February 2009 were approved and ratified as follows: President Schafer: $1,326.00 + $72.08 Vice President Ooten: $1,326.00 + $7.77 Director Perry: $442.00 Director Ferryman: $663.00 Director Monahan: $884.00 + $18.70 MINUTES OF THE CMSD BOARD OF DIRECTORS MARCH 20, 2009 OF THE COSTA MESA SANITARY DISTRICT PAGE 4 END OF CONSENT CALENDAR WRITTEN COMMUNICATION Ms. Revak reported the District received a written communication regarding LAFCO accepting applications from members of the public interested in serving on LAFCO as the alternate public member. LAFCO's incumbent alternate public member is Rhonda McCune of Costa Mesa. Ms. Revak reported the District received a written communication regarding LAFCO holding a public hearing on Wednesday, April 8, 2009 at 9:00 a.m. to consider a proposed budget for LAFCO operations for Fiscal Year 2009 -2010. PUBLIC COMMENTS There were no public comments made. MANAGER'S REPORTS to CLOSED SESSION President Schafer adjourned the regular Board meeting to move into Closed Session at 12:13 p.m. to discuss the issue of providing Authority to the District's Labor Negotiator, Robin Hamers, Regarding Compensation, but not limited to the CalPERS Retirement Formula, for all Unrepresented Employees (Refer to CMSD HR Meeting Minutes dated February 25, 2009) President Schafer adjourned the Closed Session and re- opened the regular meeting at 12:41 p.m. No action was taken in the Closed Session. DISTRICT YARD —174 W. WILSON STREET — CMSD #187 SELECTION OF CONTRACTOR Vice President Ooten reported Staff and the design team met on February 12, 2009 to review the bids and rate the contractors. The CMSD Board was leaning towards Howard Wright, but wished to lower the price and still achieve the Gold or Platinum LEED standard. �i MINUTES OF THE CMSD BOARD OF DIRECTORS MARCH 20, 2009 OF THE COSTA MESA SANITARY DISTRICT PAGE 5 Vice President Ooten reported a future meeting will be scheduled with Staff, the design team and the architect to discuss any changes in the economy or materials construction, and to see if there is any leeway to negotiate a slightly lower cost. The contractor provided a letter with $42,000 in potential savings and suggested a value engineering process. Board members and Staff continue to meet as an ad -hoc committee to reduce costs and still meet the Gold or Platinum LEED standard. STRATEGIC PLANNING WORKSHOP FOR 2009 -2010 — FRIDAY, APRIL 3, 2009 8:30 A.M. — 3:00 P.M. — NEIGHBORHOOD COMMUNITY CENTER — HAMILTON ROOM Ms. Revak reported the Strategic Planning Workshop will be held on Friday, April 3, 2009 from 8:30 a.m. to 3:00 p.m. at the Neighborhood Community Center in the Hamilton Room. GRANT RESEARCH Ms. Kallab reported the State Water Resources Control Board is considering a proposed resolution to implement federal economic recovery legislation for the Clean Water State Revolving Fund Program at their March 17, 2009 Board meeting. Ms. Kallab reported additions to the State Revolving Fund priority list are being considered in order to add projects eligible for ARRA funds. Ms. Kallab reported SWRCB Staff continues to encourage the CMSD's pursuit of ARRA funds. President Schafer inquired as to whether a requirement for choosing a contractor before or after the award of stimulus money is spelled out in the funding act. Ms. Kallab will confirm the time of the award with regard to choosing a contractor. SEWER SYSTEM COMMITTEE REPORT ON MEETING HELD ON MARCH 11, 2009 Director Monahan reported the Sewer System Committee met on March 11, 2009 and gave a brief overview and update of the meeting including Infiltration and Inflow, Big Dipper and the development of the CIP budget. Director Monahan reported a video was viewed on infiltration into the District's Coolidge Avenue sewer. Mr. Harriers reported the video was. provided to Sancon Engineering for review and preparation of a proposal. TRANSFER OF SEWERS FROM OCSD TO CMSD Director Monahan reported no new information regarding the Transfer of Sewers from OCSD to CMSD. MINUTES OF THE CMSD BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT PROJECT #186 SEWER LATERAL ASSISTANCE PROGRAM MARCH 20, 2009 PAGE 6 Director Monahan reported no new information regarding the Project #186 Sewer Lateral Assistance Program. Mr. Hamers reported Ms. Jackson is doing an excellent job with the program and all compliments should be directed to her. INTERIM SEWER LINE MAINTENANCE CLEANING AGREEMENT WITH NATIONAL PLANT SERVICES Mr. Fauth presented a negotiated proposal from National Plant Services (NPS) to clean approximately 236,400LF of sewer mains, the majority of which are 8" diameter, at $0.38 per foot. Mr. Fauth recommended a not to exceed cost of $100,000 in order to allow for field adjustments. Motion made by Director Monahan and seconded by Director Ooten, to authorize an interim agreement, with final language approved by District Counsel, for National Plant Services to clean approximately 236,400LF of primarily 8" diameter main line at $0.38 per foot at a not to exceed cost of $100,000. Motion carried 5 -0. CMSD WEB SITE UPDATE Ms. Jackson reported on her ability to manage changes and updates to CMSD's web site including bio updates, title changes and adding OCC's web site as a link. Ms. Jackson reported VPI, the web site creator, has been helpful with the process. Vice President Ooten suggested a calendar of events be added to the web site for convenience to viewers. 2009 WINTER NEWSLETTER Mr. Hamers reported Ms. Jackson completed the Winter Newsletter and directed all compliments to Ms. Jackson. RECYCLING COMMITTEE — MONDAY, FEBRUARY 23, 2009 — 12:00 P.M., CMSD BOARDROOM, 628 W. 19TH STREET, COSTA MESA (VICE PRESIDENT OOTEN AND DIRECTOR MONAHAN) Vice President Ooten reported the Recycling Committee Meeting will meet on March 23, 2009 and will report at next month's Board meeting. • • • MINUTES OF THE CMSD BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT • ENGINEER'S REPORTS WASTE DISCHARGE REQUIREMENTS (WDR) MARCH 20, 2009 PAGE 7 Mr. Hamers reported on a WDR General Group meeting held on March 19, 2009 wherein additional reports on calcium problems and sewer lines were discussed. Mr. Hamers reported Ms. Jackson will be a regular attending member due to topics germane to sewer laterals such as calcium and the sewer lateral assistance program. Mr. Hamers reported an education seminar will be scheduled for May 2009. PROPOSAL TO BEGIN PROJECT #182 — ANALYSIS OF CCTV RESULTS Mr. Hamers recommended the Board of Directors approve the Proposal to Begin Project #182 — Analysis of CCTV Results. The project entails analyzing the results of the CCTV data of the 220 miles of CMSD sewer mains and producing two reports; one report on Inflow and Infiltration (1 /1) for Orange County Sanitation District, and one report for the CMSD, which will be a long -term work plan to repair all significant deficiencies found in the system. It is proposed to complete the project at the standard hourly rate of: Engineer, $85.00 /hr; not to exceed $125,000 (less any hardware or software purchased by CMSD). Vice President Ooten motioned for approval of the Proposal to Begin Project #182 — Analysis of CCTV Results. Director Monahan seconded. Motion carried 5 -0. TREASURER'S REPORTS BUDGET ADJUSTMENT — INSPECTION AND PLAN CHECK Mr. Davis recommended the Board of Directors approve the budget adjustment in the amount of $100,000 to provide adequate funding for additional plan check and inspection costs for the fiscal year ending June 30, 2009. Director Ferryman motioned to approve the Budget Adjustment — Inspection and Plan Check in the amount of $100,000. Director Monahan seconded. Motion carried 5 -0. Vice President Ooten requested a breakdown be shown in the budget indicating the sewer lateral inspection process as a separate line item. • MINUTES OF THE CMSD BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT ATTORNEY'S REPORT MARCH 20, 2009 PAGE 8 CLAIM BY BACK BAY CENTER, LTD. FOR PROPERTY AT 2651 -2675 IRVINE AVENUE (CMSD PROJECT #168 — IRVINE PUMP STATION RELOCATION Mr. Colin Burns reported correspondence from the attorney for the Plaintiffs was received requesting $1.4 million and indicated the case appears to be going to litigation. Mr. Colin Burns stated the insurance company will be defending the case. RESOLUTION NO. 2009 -763 AUTHORIZING THE ASSISTANT MANAGER TO SIGN AND FILE FOR ON BEHALF OF THE COSTA MESA SANITARY DISTRICT A FINANCIAL ASSISTANCE APPLICATION FOR A LOAN /GRANT FROM THE STATE WATER RESOURCES CONTROL BOARD Mr. Colin Burns presented RESOLUTION NO. 2009 -763 — A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT AUTHORIZING THE ASSISTANT MANAGER TO SIGN AND FILE FOR ON BEHALF OF THE COSTA MESA SANITARY DISTRICT A FINANCIAL ASSISTANCE APPLICATION FOR A LOAN /GRANT FROM THE STATE WATER RESOURCES CONTROL BOARD. Vice President Ooten motioned to adopt Resolution No. 2009 -763. Director Monahan seconded. Motion carried 5 -0. LOCAL MEETINGS (INCLUDES REPORTS BY ALL DIRECTORS REPRESENTATING CMSD) ORANGE COUNTY SANITATION DISTRICT (OCSD) (DIRECTOR FERRYMAN) Director Ferryman reported the March OCSD meeting will occur later in the month. Director Ferryman attended a meeting of the Latino Water Coalition that made a presentation to Orange County Water District. SANTA ANA RIVER FLOOD PROTECTION AGENCY (SARFPA) (DIRECTOR PERRY There was no meeting in March. INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY (ISDOC) (PRESIDENT SCHAFER) President Schafer attended the March 3, 2009 ISDOC meeting and reported on CSDA and LAFCO. President Schafer reported Joyce Crosthwaite made a presentation on MSRs. • • MINUTES OF THE CMSD BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT MARCH 20, 2009 PAGE 9 LOCAL AGENCY FORMATION COMMISSION (LAFCO) (PRESIDENT SCHAFER President Schafer attended the March 11, 2009 LAFCO meeting and discussed revising and updating the LAFCO handbook, Sphere of Influence Review, adoption of retirement rates, and update on budget. President Schafer encouraged everyone to attend the "Best Practices" meeting by LAFCO in April 2009. CALIFORNIA SPECIAL DISTRICTS ASSOCIATION (CSDA) (PRESIDENT SCHAFER President Schafer attended a Finance Corporation Meeting on March 12th and conducted a CSDA Board Meeting on March 13th and gave a brief overview of the meetings. CALIFORNIA ASSOCIATION OF SANITATION AGENCIES (CASA) CASA 2009 SPRING CONFERENCE - APRIL 29 - MAY 2, 2009 President Schafer discussed attendance for the CASA 2009 Spring Conference to be held on April 29, 2009 through May 2, 2009. Vice President Ooten and Directors Monahan and Perry will be unable to attend and Director Ferryman will notify Ms. Revak of his attendance. Motion was made by Director Ooten to approve attendance by President Schafer and Director Ferryman at the CASA 2009 Spring Conference. Director Perry seconded. Motion carried 5 -0. OTHER MEETINGS QUALIFYING FOR REIMBURSEMENT UNDER CMSD ORDINANCE NO. 55, OPERATIONS CODE SECTION 3.01.030 CHAMBER OF COMMERCE President Schafer attended the March 4, 2009 Chamber of Commerce meeting and discussed upcoming legislation, gave an update on CMSD and LAFCO, and talked on CSDA and Sacramento. .President Schafer reported on the Chamber of Commerce's upcoming Hall of Fame and recommended participating in giving certificates or awards for people nominated for outstanding citizenship in the community. Mr. Hamers reported CMSD has many versions of proclamations and awards that can be framed and presented and that Ms. Revak will follow through with the proclamations from the CMSD for the Hall of Fame presentation. President Schafer and Vice President Ooten will attend the April 23, 2009 Chamber of Commerce luncheon to present the certificates. MINUTES OF THE CMSD BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT OCCOG President Schafer did not attend the meeting. WACO MARCH 20, 2009 PAGE 10 President Schafer attended the March 6, 2009 general meeting and gave a brief overview of the presentation from Senator Tom Harmon and Assemblyman Mike Duval. President Schafer distributed materials obtained from the meeting. OLD BUSINESS There was no old business discussed. NEW BUSINESS CWEA CONFERENCE IN PALM SPRINGS — APRIL 28 — MAY 1, 2009 (SLA PRESENTATION BY CMSD ASSISTANT MANAGER NOT PART OF CONFERENCE Mr. Hamers reported Mr. Fauth will not be giving a sewer lateral assistance presentation at the CWEA Conference due to a mix up by CWEA. Mr. Fauth has been in contact with CWEA representatives regarding the opportunity to present next year. Director Perry motioned for approval of attendance of Vice President Ooten to the CWEA Conference in Palm Springs on April 28, 2009 through May 1, 2009. Director Ferryman seconded. Motion carried 5 -0. Mr. Hamers reported the final report on calcium in sewer lines is being presented at the CWEA Conference, and recommended the Board authorize Mr. Fauth's attendance at that presentation. Director Perry motioned for approval of Mr. Fauth's attendance to the presentation at the CWEA Conference. Director Monahan seconded. Motion carried 5 -0. CHANGE OF DATES FOR REGULAR BOARD MEETINGS APRIL The April Regular Board Meeting has been rescheduled for April 27, 2009 at 11:45 a.m. SEPTEMBER The September Regular Board Meeting has been rescheduled for September 17, 2009 at 5:30 p.m. 0 • r.1 L J MINUTES OF THE CMSD BOARD OF DIRECTORS MARCH 20, 2009 OF THE COSTA MESA SANITARY DISTRICT PAGE 11 �i i NOVEMBER The November Regular Board Meeting has been rescheduled for November 16, 2009 at 5:30 p.m. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS Vice President Ooten attended the Mesa Verde Homeowners Association Board Meeting where the "no soliciting" signs created by Dan Worthington were discussed. Mr. Fauth reported under the OC Waste and Recycling grant program there is a half - million dollars for unified school districts for projects related to trash disposal in the landfills. Mr. Fauth reported sending an email to realtor Tom Sutro regarding the sewer lateral assistance program. Mr. Fauth reported Mr. Sutro is no longer in the real estate business and hasn't responded or replied to the email. Mr. Fauth will be contacting other sources to ascertain whether the realtor association desires an update on the CMSD sewer lateral assistance program. Mr. Fauth received feedback from Mike Carey on the FOG collection at the OCC Recycling Center. The OCC Recycling Center is concerned regarding ramifications of possible spillage and liability. Mr. Fauth reported staff will look into the matter. ADJOURNMENT President Schafer adjourned the Regular Meeting at 1:37 p.m. Secretary n 1._J President • COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS SPECIAL MEETING APRIL 3, 2009 The Board of Directors of the Costa Mesa Sanitary District held a duly- noticed Closed Session on Friday, April 3, 2009 at 10:00 a.m. in the Dakota Room at the Neighborhood Community Center, 1845 Park Avenue, Costa Mesa, California to discuss the performance evaluation of the Manager /District Engineer pursuant to Government Code Section 54957. Directors Present: Arlene Schafer, Robert Ooten, Gary Monahan, Arthur Perry, James Ferryman Staff Present: Alan Burns, Legal Counsel Others Present: Steve Filarsky, Attorney at Law The Board of Directors adjourned to closed session at 10:00 a.m. I. Performance Evaluation of the Manager /District Engineer The Board reconvened to open session at 11:40 a.m. It was announced that no reportable action was taken in the Closed Session. III. Public Comments There were no members of the public present and no public comments made. President Schafer adjourned the meeting at 11:42 a.m. ® Secretary President Protecting our community's health by providing solid waste and sewer collection services. costamesasanitarydistrict.org �wS *SaNrrq�f. o y p oon TAJZY COSTA MESA SAN, c�'PpOR DisqRiCT ... an Independent Special District Memorandum To: Board of Directors From: Debbie Bjornson Date: April 1, 2009 Subject: REFUND REQUEST FOR BOARD APPROVAL There are no refund requests for the month of March 2009. • Debbie Bjornson Permit Processing Specialist Protecting our community's health by providing solid waste and sewer collection services costamesasanitarydrstrict. org �SPSpN1Tq�� h� p coo a a V u0sta rict V y Mesa SanitarrDst •�� °�,PO�AT�os°�'' ... an InbepeY bent Special Dlsti'lct Board of Directors Arlene. khaler Roheri Ooien Gar, A1011(ihan Arthur PerrN. Jaives Perrvinaiz Staff Rohm B. Harriers Manager Dish ici L n�inecr (9=19) 631 -1731 April 1, 2009 Board of Directors Costa Mesa Sanitary District 628 W. l9`h Street Costa Mesa, CA 92627 -2716 SUBJECT: TRASH OCCUPANCY COUNT Dear Board of Directors: Thomas :A. F,nith There has been an increase of five units for the occupancy report for solid waste collection as of April 1, 2009; therefore, the total occupancy count for April is 21,479. Joan, Revak �Board Secrciar`' Staff recommends the following: �1'ar'll /j11i11a�EJ. Clrrk of the• Dl.xtrre•t 1. The Board of Directors accepts the occupancy count as presented using 21,479 as the correct number of units. ,Alto., R. Btir s Lr, al C'nlifi'Vel Metrcils D. Aivis 7?casnrer /l7irectnr ,,{ Phone (949.) 645 -8400 Fax (9491650-2253 Address Ci 8 IV. N!'41 Sireet Costa Mesa, CA 92627 2716 Recycled Pape, 2. The Board of Directors directs staff to prepare a warrant to Costa Mesa Disposal for April collection based on this occupancy .report so long as the contractor fulfills the obligations of the agreement. Said payment in the amount of $196,648.83 to be ratified on the May 2009 warrant list. Sincerely, /J Thomas A. Fauth Assistant Manager cc: Costa Mesa Disposal Debbie Bjornson Permit Processing Specialist Protecting our community's ()ealto �� rtrovi6ing solib waste anb sewer cof fection services. www.crosaca.,3o7,! A.P.N. No. ADDRESS OCCUPANCY CHANGES MARCH, 2009 EXISTING STATUS CHANGE NEEDED CHANGED OCCUPANCY 425 -414 -21 151 Rochester new service 1 unit using curbside March, 2009 3 439 -451 -09 307 Salt Pond new service 1 unit using curbside March, 2009 1 439- 292 -27 2457 Orange Ave, new service 1 unit using curbside March, 2009 1 Total for March 2009 5 0 0 0 WDROported Spill Data OCCURRENCEOPORT SUMMARY 12/30/2008 Sanitary Sewer Overflow Occurrence Report Summary, CY2008 SSO EVENT ID I Private District Est Total Spill Completely Event Line Line # Gallons Contained ? Uncontained Est # Private Gallons Spilled Uncontained Est # Public Gallons Spilled Date into Storm drain into Storm drain 1/2/2008 PRIVATE Pump Station Failure,151 Kalmus Dr, Copper Tree Bus Park; 80025 42.83% 2,000 N 1600 1/20/2008 Sea Bluff PS Air Bubbler Failure; 30 Sea Terrace Lane; 80575 113 N 3/31/2009 Date 113 1/28/2008 Roots Blocked Main Line, CCM Cleaned Site, 1939 Sanderlin Ctr; into Storm drain 81341 20 Y 4 3 2/7/2008 FOG Blocked Main Line Siphon on Paularino, 3012 -3036 Enterprise, 81171 55 N 90383 5 2/26/2008 Debris & Roots Blocked Main Line, 2040 President Place; 86 81613 450 Y 10 Y 3/18/2008 Grease blocked PRIVATE Lateral - Yardhouse - 1875A Newport Blvd 82152 Irvine PS Failure /SW - SCADAIarm Did Not Call - 2149 Anniversary Lane; 2,100 N 1800 3/18/2008 Roots /Debris Blocked PRIVATE Lateral, 700 W 16th St 82153 1 90919 37 N 37 4/3/2008 President PS -SCE Transformer, 2034 President PI, PS MH to Park PRIVATE CO - Chicken K000 Restaurant - Sal: 9/645 -6086 - 432 Harnil 82546 360 Y Y 5/5/2008 PRIVATE Above Ground Clean Out Broken - AMTEK, 960 W 16th St 83276 20 N 20 7/25/2008 Roots Blocked PRIVATE Lateral - Uncapped CO - 674 Park Drive 85433 20 N 10 7/26/2008 Grease /Debris Blocked PRIVATE Lateral 3400 Ave of Arts-Heritage 85463 100 N 10 8/22/2008 PRIVATE Pump Station Failure , 151 Kalmus or, Copper Tree Bus Park; Repeat; 86141 85 Y 9/4/2008 Roots /Debris - PRIVATE SSO - Uncapped CO - 1010 Valencia St 86477 1,050 N 52 10/24/2008 FOG & Rock Debris in Private Lateral - The Camp 2937 Bristol St 87699 1,275 N 75 12/23/2008 FOG Blocked Main Line Drop Manhole, 2752 San Juan Lane; 89101 30 Y 12/26/2008 FOG Blocked Lateral Line - May Gardens - 1400 Bristol St; Repeat; 89158 690 Y 12/30/2008 Unknown Debris Blocked Main Line - 1895 Swan Circle 89253 10 Y GREASE 1 6 4 2 118 Percentages 100.00% ROOTS 42.83% 5 3 2 PUMP STN 2 3/31/2009 Date 2 Uncontained Est # Private Gallons Spilled Uncontained Est # Public Gallons Spilled into Storm drain into Storm drain OTHER Irvine PS Failure /SW - SCADAIarm Did Not Call - 2149 Anniversary Lane: 4 3 1 N 100 1/16/2009 TOTALS 90383 17 10 1 7 86 1/26/2009 FOG Blocked Main Line near 2831 Bristol St; Italian Restaurant Upstream; 90785 GREASE 2 2 ROOTS 1 1 PUMP STN 2 2 OTHER 1 1 TOTALS 6 2 4 Total # Gallons 356 170 01 186 Percentages 100.00% 47.75% 0.00% 1 52.25% X: \CMSD Doc uments\ Priorities \Priorities - Occurrences 3 -31 -09 CMSD Staff: 949 - 645 -8400 9/15/2009 1 of 1 Total # Gallons 8,4151 4,693 3,6041 118 Percentages 100.00% 55.77% 42.83% 1.40% 3/31/2009 Date Sanitary Sewer Overflow Occurrence Report Summary, CY2009 SSO EVENT ID Private District Est Total Spill Completely Event Line I Line # Gallons I Contained ? Uncontained Est # Private Gallons Spilled Uncontained Est # Public Gallons Spilled into Storm drain into Storm drain 1/11/2009 Irvine PS Failure /SW - SCADAIarm Did Not Call - 2149 Anniversary Lane: 90244 100 N 100 1/16/2009 FOG Debris Blocked Main- Increased Hots of -1 /mo; Bristol St & 55 Freeway; 90383 86 N 86 1/26/2009 FOG Blocked Main Line near 2831 Bristol St; Italian Restaurant Upstream; 90785 10 Y 1/29/2009 Irvine PS Failure /SW - SCADAIarm Did Not Call - 2149 Anniversary Lane; 90922 50 Y 1/30/2009 PRIVATE Septic Tank Failed -Moon River Massage Parlor -2138 Newport Blvd, 1 90919 20 Y 3/31/2009 PRIVATE CO - Chicken K000 Restaurant - Sal: 9/645 -6086 - 432 Harnil 92681 90 Y GREASE 2 2 ROOTS 1 1 PUMP STN 2 2 OTHER 1 1 TOTALS 6 2 4 Total # Gallons 356 170 01 186 Percentages 100.00% 47.75% 0.00% 1 52.25% X: \CMSD Doc uments\ Priorities \Priorities - Occurrences 3 -31 -09 CMSD Staff: 949 - 645 -8400 9/15/2009 1 of 1 11 COSTA MESA SANITARY DISTRICT MINUTES OF HUMAN RESOURCES MEETING MARCH 20, 2009 The Costa Mesa Sanitary District Staff met at 2:00 p.m. at 628 W. 19th Street, Costa Mesa. Staff Present: Rob Hamers, Ton Teresa Gonzalez, JanelJackson Fauth, Joan Revak, Sherry Kallab, Debbie Bjornson, Denise Gilbert, Mr. Hamers noted this meeting was arranged at the last minute to take advantage of CMSD Staff's and his availability to meet to discuss personnel issues. CMSD employees not in attendance will be provided a copy of the minutes. Mr. Hamers reported no action was taken in the "Closed Session" held by the CMSD Board of Directors on March 20, 2009 and the Board will re -visit the CaIPERS retirement formula when the actuarial is received near the end of calendar year 2009. At that time the Treasurer will have the opportunity to analyze the impact on the CMSD budget. Mr. Hamers repeated President Schafer's statement made in open session stating there will not be an ad hoc committee or closed session on the CalPERS matter until the actuarial is received and analyzed by the CMSD Treasurer. Mr. Hamers stated Staff still has the option of submitting written information to the Board and may have another Human Resources meeting to further discuss the issue with or without his presence. Mr. Hamers also stated the CalPERS issue will be a Strategic Planning topic, however, the Board will likely state they have determined to wait to further discuss the issue until the actuarial is available at the end of the year. The meeting was adjourned at 2:10 p.m. • 0 CR Transfer To: Joan Revak From: CR Transfer Inc. Jurisdiction: Costa Mesa Sanitary District (9) MonthNear: Mar -09 Recycling Report " Note: This material includes food / small particulate and inert material. Total Tonnage 3251.11 Recycled Tonnage 1639.04 Landfill Tonnage 1612.07 Newport Bch & County TOTAL 169.10 3420.21 85.93 1724.97 83.17 1695.24 Rec cle Tons Commodity Percentage Recycled Newspaper 7.88% 256.19 Cardboard 6.42% 208.63 Mixed Paper 5.13% 166.68 Glass 2.80% 91.02 PET 0.59% 19.1 HDPE 0.45% 14.61 Aluminum Cans 0.33% 10.86 Non - Ferrous Metal 0.44% 14.23 Tin /Metal 0.65% 20.97 Greenwaste 9.78% 317.99 Organic / Fines 12.67% 412.01 Wood 1.41% 45.7 Concrete /Asphalt 1.88% 61.05 Drywall 0.00% 0 Totals 50.41% 1639.04 " Note: This material includes food / small particulate and inert material. Total Tonnage 3251.11 Recycled Tonnage 1639.04 Landfill Tonnage 1612.07 Newport Bch & County TOTAL 169.10 3420.21 85.93 1724.97 83.17 1695.24 CR Transfer To: Joan Revak From: CR Transfer Inc. Jurisdiction: Costa Mesa Sanitary District Santa Ana Heights (11) MonthNear: Mar -09 Recycling Report *' Note: This material includes food / small particulate and inert material. Total Tonnage 169.10 Recycled Tonnage 85.93 Landfill Tonnage 83.17 k 0 0 Recycle Tons Commodity Percentage Recycled Newspaper 10.19% 17.22 Cardboard 6.65% 11.25 Mixed Paper 7.63% 12.9 Glass 3.30% 5.57 PET 0.78% 1.32 HDPE 0.44% 0.75 Aluminum Cans 0.51% 0.86 Non - Ferrous Metal 0.27% 0.46 Tin /Metal 0.96% 1.63 Greenwaste 1.30% 2.19 Organic / Fines 11.67% 19.73 Wood 5.17% 8.75 Concrete/Asphalt 1.95% 3.3 Drywall 0.00% 0 Totals 50.81% 85.93 *' Note: This material includes food / small particulate and inert material. Total Tonnage 169.10 Recycled Tonnage 85.93 Landfill Tonnage 83.17 k 0 0 0 Is City 3,813.49 3,341.31 3.458.31 3,369.18 2,920.85 3,258.46 3.103.26 2,626.28 3,251.11 County 219.51 133.72 160.16 194.57 167.72 193.68 156.02 14633 169.10 City 1,922.56 1,684.51 1,743.50 1.698.57 1.472.52 1,642.75 1.564.51 1.324.02 1,639.04 111.56 67.95 81.39 98.85 85.24 98.44 79.25 7435 85.93 Land 1,998.88 1,722,57 1,793.58 1,766.33 11,5M811 1,710.95 1,564.51 1,374.24 1,695.24 12,087.63 1 .890.93 1,656.80 1,714.81 1,670.61 1.448.33 1.615.71 1,538.75 1.302.26 1.612.07 107.95 65.77 78.77 95.72 82.48 95.24 76.77 71.98 83.17 'A composite recycling percentage for City & County based on new characterization studies completed by CRT. Waste Diversion FY- 08 /09 /jr 04/15109 0 0 0 To City 3,103.26 2,626.28 3,251.11 County 156.02 146.33 169.10 City 1,564.51 1,324.02 1,639.04 County 79.25 74.35 85.93 Landfilled Tonnage City 1,615.52 1,538.75 1,374.24 1,302.26 1,612.07 County 76.77 71.98 83.17 City & C;ounty based on new cnaractenzation studies completed by CRT. Waste Diversion 2009/jr 07/15/09 REPRINT INVOICE MAIL PAYMENT TO: CR TRANSFER; INC, R O. BOX 125 STANTON, CA 90680 -6125 TERMS: NET 10 DAYS 0 0000135525 ' c RD. PBLEASE EFIILL IN INFORMATION ON`BACK OF REMITTANCE INVOICE #; INVOICE DATE: 13552 4/01/09 BILL TO: COSTA MESA SANI DIST AREA 9 COSTA MESA SANI DIST AREA 9 P.O. BOX 1200 628'W 19TH ST COSTA MESA CA 92627 COSTA MESA CA 92627 CUSTOMER #- 09- 9 2 PREVIOUS AMOUNT DUE PAYMENTS CURRENT CHARGES TOTAL GLUE 170,844.01 1 L 00 1,071.03- C1692 98 Please detach here and return It"hiourSaIRY CHECK # r — r — —, — — r — — s — — — a — — — A .m Yr ear ®..® r..m. r s� � � ®� r..a ®r � r CR TRANSFER, INC. DAii 'TONS RATE TOTAL DESCRIPTION LOADS 3/02/09 RESIDENTIAL WASTE 19 173.19 52.220 9,043:98 3/03/09 RESIDENTIAL WASTE 18 149.37 52.220 7,800.10 3/04/09 RESIDENTIAL WASTE 14 130.53 52.220 6,.816.28 3/05/09 RESIDENTIAL WASTE 15 145.96 52.220 7,622.03 3/06/09 RESIDENTIAL WASTE 13 132.45 52.2.20 6,916.54 3/09/09 RESIDENTIAL WASTE 19 172.41 52.220 I 9,003.25 3/10/0.9 RESIDENTIAL WASTE 17 14,0.77 52.220 7,351.01 { 3/11/09 RESIDENTIAL WASTE 14 124.17 52.220 6,484.16 MIF3/12/09 RESIDENTIAL WASTE 17 150.70 52.220 7,869.55 3/13/09 RESIDENTIAL WASTE 16 133.16 52.220 6,9:53.62 3/16/09 RESIDENTIAL WASTE 18 174.22 52.220 9,097.77 3/17./09 RESIDENTIAL WASTE 18 144.01 52.220 7,520.20 3/18/09 RESIDENTIAL WASTE 16 126.75 52.220 6,618.89 3/19/0:9 RESIDENTIAL WASTE 17 152.54 52.2.20 7,965.64 3/20. /0:9 RESIDENTIAL WASTE 14 133.85 52.220 6,9,89.65 3/23/09 RESIDENTIAL WASTE 18 171.85 52.220 8,974.01 3/24/09 RESIDENTIAL WASTE 17 139.99 52.220 7,310.28 3/25/09 RESIDENTIAL WASTE 16 134.65 52.220 7,031.42 3/26/09 RESIDENTIAL WASTE 17 151.54 52.220 7,913.42 3/27/09 RESIDENTIAL WASTE 15 135.59 52.220 7,080.51 3/30/09 RESIDENTIAL WASTE 19 177.84 52.220 9,286.80 3/:31/09 RESIDENTIAL WASTE 21 176.08 52.2.20 9,194.90 j .3/31/09 CORRECT 2 LOADS TKTS 20.51 i 52.220 1,071.03- i i IF YOU HAVE ANY QUESTIONS REGARDING ANY PART OF THIS INVOICE, PLEASE CALL: (7:L4) 82 6 - 9 04 9 PREVIOUS AMOUNT DUE PAYMENTS CURRENT CHARGES TOTAL DUE INVOICE TOTAL 170,844-0 0 II_ __ �_ - 3= _ d6.. Q 1 r� =ee -98 CUSTOMER #: 09- 9 2 INVOICE # 13552 P.O. BOX 1200 . f OVERDUE AMOUNTS SUBJECT TO FINANCE CHARGE � n imtd em R-Yy kd 11.v+ r RAN `FER .. . - a, • - - -- 000135534 BILL TO: COSTA MESA SANI 628 W 19TH ST COSTA MESA CA INVOICE RECF =AYE® DIST -SA HGT 92627 APR - 9 2009 MAIL PAYMENT TO: CR TRANSFER, INC. P. O. BOX 125 STANTON, CA 90680 -0125 TERMS: NET 10 DAYS CU'I�` .. .;A1TRRY DISTRICT TO PAY CREDIT h CARD, PLEASE FILL IN INFORMATION ON BACK OF REMITTANCE INVOICE #: INVOICE DATE: 13553 4/01/09 COSTA MESA SANI DIST -SA HGT P.O. BOX 1200 COSTA MESA CA 92627 CUSTOMER #: 09- 11 8 PREVIOUS AMOUNT DUE PAYMENTS CURRENT CHARGES TOTAL DUE 7,641.35 7,641.35 8,830.40 8,830.40 — Ptease detach here and return with�our�a!ZnL — — — — — — — — — w — _ _ CHECK # _ _ _ -- �� v CR TRANSFER, INC. o IF YOU HAVE ANY QUESTIONS REGARDING ANY PART OF THIS INVOICE, PLEASE CALL: (7 14) 826 - 904 9 PREVIOUS AMOUNT DUE PAYMENTS CURRENT CHARGES TOTAL DUE INVOICE TO 7,641.35 8 830.40 8830.40 CUSTOMER #:09- 11 8 INVOICE # 13553" P.O. BOX 1200 OVERDUE AMOUNTS SUBJECT TO FINANCE CHARGE ® Pom,d - Rn7ded PAP' - ., . . k-.Im Lei 0 • 3/04/09 RESIDENTIAL WASTE 4 42.78 52.220 2,233.97 3/11/09 RESIDENTIAL WASTE 4 37.72 52.220 1,969.74 3/17/09 RESIDENTIAL WASTE 1 5.44 52.220 284.08 3/18/09 RESIDENTIAL WASTE 4 36.93 52.220 1,928.48 3/24/09 RESIDENTIAL WASTE 1 8.30 52.220 433.43 3/25/09 RESIDENTIAL WASTE 4 37.93 52.220 1,980.70 • I I -- - - - - -- -� -- ------- - - - - -- -- TOTAL - -- � — 8.830.40-- IF YOU HAVE ANY QUESTIONS REGARDING ANY PART OF THIS INVOICE, PLEASE CALL: (7 14) 826 - 904 9 PREVIOUS AMOUNT DUE PAYMENTS CURRENT CHARGES TOTAL DUE INVOICE TO 7,641.35 8 830.40 8830.40 CUSTOMER #:09- 11 8 INVOICE # 13553" P.O. BOX 1200 OVERDUE AMOUNTS SUBJECT TO FINANCE CHARGE ® Pom,d - Rn7ded PAP' iTO: Costa Mesa Sanitary District Board of Directors FROM: Ron Shef, Ordinance Enforcement Officer DATE: April 14, 2009 SUBJECT: ORDINANCE ENFORCEMENT SUMMARY REPORT This report is for the monthly period of March 2009. District monitoring this month involved considerable follow -up in the Mesa Verde area in response to additional communication from the local resident complaining about compliance in his area. His update to staff has indicated that enforcement "overall has been excellent ". His observations are that "only 3 addresses as part of the original 47 warnings were not in compliance ". Further courtesy notices to these and other addresses were made during the month, with an in depth effort to curb any additional complaints. Photos and specific documentation on this area has been provided to District staff for proper record keeping. In addition to the above project, other compliance and addresses called into staff are being monitored to ensure ordinance compliance in the District. • • • COSTA PROJECT STATUS REPORT April 2009 Project 1112100 -101 West Side Pumping Station Abandonment Directors Ferryman and Ooten along with Manager /District Engineer Rob ' Hamers, Assistant Manager Tom Fauth and Inspector Paul Guzman met with OCSD General Manager Jim Ruth and executive engineering staff on March 29, 2007 to discuss OCSD's participation in the project. It was agreed that the two agencies would work together to determine an approximate project cost,for a regional facility and then meet again to discuss the feasibility. The cost estimate has been prepared and is being considered by both agencies. The CMSD updated its costs of the local sewer lines and confirmed the ability to fund the projects. A letter was sent to OCSD requesting the regional facility become a formal OCSD project and the letter was favorably received. The project appears in OCSD's planning documents. Project 1112100 -129 Bristol Street Sewer The County of Orange plans on widening Irvine Avenue from Bristol Street to University Drive, which will cause relocation of the CMSD Irvine Pumping Station. The District can upgrade the station to a level able to serve the redevelopment of the area. The upgrade alleviates the need for the Bristol Street Pump Station and the project can be reduced to construction of a new gravity sewer only. These findings were submitted to the Orange County Development Agency (OCDA) and as requested the Sanitary District prepared a new three party agreement reflecting these findings. The agreement has been-signed by the Sanitary District, the City of Newport Beach, and OCDA. The design phase is nearing completion. Project 1112100 -135 Reconstructing Force Main for Elden Pumping Station Phase II Construction was completed in 1995 and the State Department of General Services (DGS) transmitted the sewer easement. The easement has been recorded and distributed to all parties. Proiect 1112100 -159 Televising Sewer Lines Areas are televised as needed, particularly for the fats, oils, and grease (FOG) program. Protecting our comunfty's fwalth by providing soled wash and smtr coffktion services. www.crosdcagov Proiect 1112100 -168 Irvine Pumping Station Relocation Construction of the pumping station is 100% complete although the adjacent parking i lot asphalt paving, wall, and slope were damaged by the contractor during construction. Once the repair is resolved, the project will be completed. Proiect 1112100 -170 Prepare Emergency Response Plans for Pumping Stations Now that the location of the District Yard has been resolved as well as the makeup of the CMSD field crews, the emergency response plans may be completed. Work is progressing. Proiect 1112100 -171 Irvine Pumping Station Force Main Rehabilitation -Phase I The Board of Directors awarded Phase I construction consisting of 450 linear feet at the June 2008 regular meeting. Construction is now complete. Proiect 1112100 -175 OCSD Cooperative Projects Grant - Televising CMSD Sewer Lines The televising is continuing and is scheduled for completion by June 30, 2009. Project 1112100 -180 WDR Grease Control Program The project is continuing. . Project 1112100 -183 System -Wide Sewer Repair The Board of Directors authorized the District Engineer to begin design of the second project under this program; the Bristol Street Sewer n/o Randolph, Project #183 -2. The sewer contains three sags and is a hot spot requiring increased maintenance by the CMSD field crews. Construction cannot begin until late 2009 when the City of Costa Mesa street cut moratorium is lifted. Project 1112100 -186 Sewer Lateral Assistance Program The project is continuing into its second fiscal year and is very popular with the residents in the District. Project 1112100 -187 New Corporate Yard at 174 W. Wilson Street The construction plans are approved and ready for permits. The contractor selection process has been tailored to finding an experienced contractor in LEED construction and was approved by the Board at the December 2008 regular meeting. The process is in progress. 0 a i • General Ledger Expenses vs. Budget COSTA 9[ESA SiWIT-ARTOISTRICT ... an Independent Special oistrict User: tgonzalez Printed: 04/01/2009 - 9:52 A Period 9, 2009 Account Number Description Budgeted Amount Period Amount YTD Amount YTD Var Encumbered Amt Available % Available 10 Solid Waste Fund 10- 100000 Solid Administration E01 Salary & Benefits 10- 1000004001 Regular Salaries 86,800.00 6,485.08 59,196.18 27,603.82 0.00 27,603.82 31.80 10- 100000 -4002 Part -Time Salaries 53,300.00 3,089.40 26,981.63 26,318.37 0.00 26,318.37 49.37 10- 100000 -4003 Board Salaries 7,200.00 464.10 4,066.40 3,133.60 0.00 3,133.60 43.52 10- 100000 -4005 Overtime 4,500.00 164.02 1,223.41 3,276.59 0.00 3,276.59 72.81 10- 100000 -4040 Compensated Absences 1,100.00 0.00 0.00 1,100.00 0.00 1,100.00 100.00 10- 1000004100 Cafeteria Plan 10,600.00 958.80 8.219.31 2,380.69 0.00 2,380.69 22.45 10- 1000004105 Medicare - Employer 2.500.00 160.17 1,435.44 1,064.56 0.00 1,064.56 42.58 10- 100000 -4110 FICA - Employer 750.00 28.77 252.08 497.92 0.00 497.92 66.38 10- 100000 -4115 PERS - Employer 19,700.00 1,296.19 11,674.56 8,025.44 0.00 8,025.44 40.73 10- 1000004120 PERS - Employee 10,200.00 670.21 6,024.71 4,175.29 0.00 4,175.29 40.93 10- 100000 -4125 Deferred Medical - RHS 850.00 64.79 592.10 257.90 0.00 257.90 30.34 10- 1000004130 Benefits Admin Costs 250.00 20.18 197.60 52.40 0.00 52.40 20.96 10-1000004135 Unemployment 0.00 0.00 0.00 0.00 0.00 0.00 0.00 10- 1000004140 Workers' Compensation 2,000.00 384.00 2,004.35 (4.35) 0.00 (4.35) (0.21) Salary & Benefits 199,750.00 13,785.71 121,867.77 77,882.23 0.00 77,882.23 38.99 E03 Professional Services 10- 100000 -4200 Professional Services 9,250.00 887.26 1,696.53 7,553.47 0.00 7,553.47 81.65 10- 100000 -4205 District Manager 30,000.00 2,296.88 16,215.95 13,784.05 0.00 13,784.05 45.94 10- 100000 -4210 Legal Services 20,000.00 3,091.48 12,705.84 7,294.16 0.00 7,294.16 36.47 10- 100000 -4220 Fiscal Services 35,840.00 1,965.60 16.151.80 19,688.20 0.00 19,688.20 54.93 10- 100000 -4225 Medical/Employment Services 100.00 1.00 6.10 93.90 0.00 93.90 93.90 10- 100000 -4300 Contract Services 3,500.00 724.50 2,176.91 1,323.09 0.00 1,323.09 37.80 10- 100000 -4320 Container Collection Costs 20,000.00 9,943.55 9,943.55 10,056.45 0.00 10,056.45 50.28 Professional Services 118,690.00 18,910.27 58,896.68 59,793.32 0.00 59,793.32 50.37 E05 Recycling & Disposal 10-100000-4310 Trash Hauler 2,400,000.00 196,603.05 1,769,281.02 630,718.98 0.00 630,718.98 26.28 10- 1000004315 Recycling/Disposal 2,368,000.00 144,785.69 1,423,662.40 944,337.60 0.00 944,337.60 39.87 GL - Expenses vs Budget ( 04/01/2009 - 9:52 AM ) Page 1 Account Number Description Budgeted Amount Period Amount YTD Amount YTD Var Encumbered Amt Available % Available GL - Ex vs Budget ( 04/01/2009 - 9:52 AM 1 � � Page 2 Recycling & Disposal 4,768.000.00 341,388.74 3,192,943.42 1,575,056.58 0.00 1,575,056.58 33.03 E10 Other Contract Services 10-100000-4305 County Collection Fee 15.500.00 15,409.66 15,409.66 90.34 0.00 90.34 0.58 10-100000-4325 Election Costs 28.000.00 0.00 20,399.94 7.600.06 0.00 7,600.06 27.14 10- 100000 -4330 Building Maintenance 1.350.00 105.30 1,072.44 277.56 0,00 277.56 20.56 10- 100000 -4335 Equipment Maintenance 2.470.00 (71.68) 2,098.88 371.12 0.00 371.12 15.02 Other Contract Services 47,320.00 15,443.28 38,980.92 8,339.08 0.00 8,339.08 17.62 E15 Materials & Supplies 10- 100000 -4400 Office Supplies 1,500.00 58.70 959.21 540.79 0.00 540.79 36.05 10- 100000 -4405 MultiMed /Blueprint/Copies /Sub 1,000.00 31.33 669.72 330.28 0.00 330.28 33.02 10- 100000 -4410 Postage 7.900.00 11.59 145.69 7,754.31 0.00 7,754.31 98.15 10- 100000 -4420 Public Info /Ed/Community Prom 16,700.00 35.45 7,349.04 9,350.96 0.00 9,350.96 55.99 10- 100000 -4425 Small Tools /Equipment 500.00 34.16 38.20 461.80 0.00 461.80 92.36 10- 1000004430 Materials & Supplies 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Materials & Supplies 27.600.00 171.23 9.161.86 18,438.14 0.00 18,438.14 66.80 E20 Professional Development 10- 100000 -4500 Prof Membership /Dues 8,800.00 0.00 8,420.55 379.45 0.00 379.45 4.31 10- 100000 -4505 Staff Development 1.200.00 33.13 660.48 539.52 0.00 539.52 44.96 10-100000-4510 Travel /Meals /Lodging 1,700.00 79.75 1,111.79 588.21 0.00 588.21 34.60 10- 100000 -4520 Mileage Reimbursement 1,500.00 0.00 783.55 716.45 0.00 716.45 47.76 Professional Development 13,200.00 112.88 10,976.37 2,223.63 0.00 2,223.63 16.84 E25 Liability Insurance 10- 100000 -4550 Liability Insurance 6,500.00 0.00 6,035.69 464.31 0.00 464.31 7.14 Liability Insurance 6,500.00 0.00 6,035.69 464.31 0.00 464.31 7.14 E30 Utilities 10- 100000 -4600 Telephone 750.00 26.30 477.27 272.73 0.00 272.73 36.36 10- 100000 -4605 Cellular Service 650.00 40.70 337.95 312.05 0.00 312.05 48.00 10- 100000 -4610 Gas - Building 75.00 6.90 28.41 46.59 0.00 46.59 62.12 10-100000-4615 Water - Building 175.00 0.00 109.03 65.97 0.00 65.97 37.69 10- 100000 -4620 Electric - Building 900.00 39.43 432.78 467.22 0.00 467.22 51.91 Utilities 2,550.00 113.33 1,385.44 1,164.56 0.00 1,164.56 45.66 GL - Ex vs Budget ( 04/01/2009 - 9:52 AM 1 � � Page 2 Accoun u1mber Description Budgeted Amount Periodfount YTD Amount YTD Var .Encumbered Amt Avail% Available E40 Fixed Assets 0.00 0.00 0.00 0.00 10- 100000 -4700 Depreciation 0.00 0.00 0.00 0.00 10- 100000 -4750 Gain /Loss Disposal of Asset 0.00 0.00 0.00 0.00 0.00 Fixed Assets 0.00 0.00 0.00 0.00 E45 Debt Service 0.00 0.00 118,3 50.00 100.00 10- 100000 -4800 Principal Payment 0.00 0.00 0,00 0.00 10- 100000 -4850 Interest Payment 0.00 0.00 0.00 0.00 0.00 Debt Service 0.00 0.00 0.00 0.00 E50 Other Financing Uses 10- 100000 -4900 Other Financing Uses 0.00 0.00 0.00 0.00 Other Financing Uses 0.00 0.00 0.00 0.00 E55 Non Operating - Other 10- 100000 -4950 Non - Operating Expense 0.00 0.00 0.00 0.00 10- 100000 -4990 Contingency 118,350.00 0.00 0.00 118,350.00 Non Operating - Other 118,350.00 0.00 0.00 118,350.00 10- 100000 Totals: 5,301,960.00 389,925.44 3,440,248.15 1,861,711.85 10- 100001 Sharps Program E60 Special Programs 10- 100001 -4300 Sharps Program 20,000.00 670.10 9,389.12 10,610.88 10- 100001 -4430 Sharps Program - Material/Supp 0.00 0.00 0.00 0.00 Special Programs 20,000.00 670.10 9,389.12 10,610.88 10- 100001 Totals: 20,000.00 670.10 9,389.12 10,610.88 10- 100002 Household Hazardous Waste E60 Special Programs 10- 100002 -4300 Household Hazardous Waste 32,000.00 0.00 7,611.79 24,388.21 GL - Expenses vs Budget ( 04/01/2009 - 9:52 AM ) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 118,3 50.00 100.00 0.00 118,350.00 100.00 0.00 1,861,711.85 35.11 0.00 10,610.88 53.05 0.00 0.00 0.00 0.00 10,610.88 53.05 0.00 10,610.88 53.05 0.00 24,388.21 76.21 Page 3 Account Number Description Budgeted Amount Period Amount YTD Amount YTD Var Encumbered Amt Available % Available Special Programs 31000.00 0.00 24,388.21 76.21 24,388.21 7,611.79 0.00 10- 100002 Totals: 32,000.00 0.00 7,611.79 24,388.21 0.00 24,388.21 76.21 10- 100003 Telephone Book Recycling E60 Special Programs 10-100003-4420 Telephone Bk Recycling Progra 17,000.00 0.00 6,104.73 10,895.27 0.00 10,895.27 64.09 Special Programs 17,000.00 0.00 6,104.73 10,895.27 0.00 10,895.27 64.09 10- 100003 Totals: 17,000.00 0.00 6,104.73 10,895.27 0.00 10,895.27 64.09 10- 100004 Large Item Pick -up E60 Special Programs 10-100004-4310 Large Item Pick -up 5,000.00 0.00 0.00 5,000.00 0.00 5,000.00 100.00 10- 100004 -4420 Large Item Plck -up Promo 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Special Programs 5,000.00 0.00 0.00 5,000.00 0.00 5,000.00 100.00 10- 100004 Totals: 5,000.00 0.00 0.00 5,000.00 0.00 5,000.00 100.00 10- 100005 Used Tire Roundup E60 Special Programs 10- 100005 -4300 Used Tire Roundup 1,200.00 0.00 306.00 894.00 0.00 894.00 74.50 Special Programs 1200.00 0.00 306.00 894.00 0.00 894.00 74.50 10- 100005 Totals: 1,200.00 0.00 306.00 894.00 0.00 894.00 74.50 10- 100006 Christmas Tree Recycling E60 Special Programs 10-100006-4310 Christmas Tree Recycling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 GL - Ex vs Budget ( 04/01/2009 - 9:52 AM 1 � � Page 4 GL - Expenses vs Budget ( 04/01/2009 - 9:52 AM ) Page 5 Available Accoun4mber Description Budgeted Amount Periodfkunt YTD Amount YTD Var Encumbered Amt Avail*.". Special Programs 0.00 0.00 0.00 0.00 0.00 0.00 0.00 10- 100006 Totals: 0.00 0.00 0.00 0.00 0.00 0.00 0.00 10- 100007 Greeting Card Recycling E60 Special Programs 10- 100007 -4410 Greeting Card Recycling 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Special Programs 0.00 0.00 0.00 0.00 0.00 0.00 0.00 10- 100007 Totals: 0.00 0.00 0.00 0.00 0.00 0.00 0.00 10- 100008 Educational Tours E60 Special Programs 10- 100008 -4420 Educational Tours 2,500.00 0.00 0.00 2,500.00 0.00 2,500.00 100.00 Special Programs 2.500.00 0.00 0.00 2,500.00 0.00 2,500.00 100.00 10- 100008 Totals: 2,500.00 0.00 0.00 2,500.00 0.00 2,500.00 100.00 10 Totals: 5,379,660.00 390,595.54 3,463,659.79 1,916,000.21 0.00 1,916,000.21 35.61 20 Liquid Waste Fund 20- 200000 Liquid Administration E01 Salary & Benefits 20- 200000 -4001 Regular Salaries 459,000.00 34,657.82 315,565.25 143,434.75 0.00 143,434.75 31.24 20- 200000 -4002 Part-Time Salaries 6,000.00 343.27 1 5,496.19 503.81 0.00 503.81 8.39 20- 200000 -4003 Board Salaries 64,500.00 4,176.90 36,597.60 27,902.40 0.00 27,902.40 43.26 20- 2000004005 Overtime 29,300.00 1,476.16 11,010.89 18,289.11 0.00 18,289.11 62.42 20- 2000004040 Compensated Absences 6,300.00 0.00 0.00 6,300.00 0.00 6,300.00 100.00 20- 200000 -4100 Cafeteria Plan 56,600.00 5,433.20 46,195.06 10,404.94 0.00 10,404.94 18.38 20- 200000 -4105 Medicare - Employer 9,500.00 640.21 5,768.37 3,731.63 0.00 3,731.63 39.28 20- 200000 -4110 FICA - Employer 6,500.00 258.97 2,269.10 4,230.90 0.00 4,230.90 65.09 20- 2000004115 PERS - Employer 62,000.00 5,379,33 49,349.81 12,650.19 0.00 12,650.19 20.40 20- 200000 -4120 PERS - Employee 32,100.00 2,450.08 22,435.16 9,664.84 0.00 9,664.84 30.10 20- 200000 -4125 Deferred Medical - RHS 4,300.00 346.64 3,155.93 1,144.07 0.00 1,144.07 26.60 GL - Expenses vs Budget ( 04/01/2009 - 9:52 AM ) Page 5 Account Number Description Budgeted Amount Period Amount YTD Amount YTD Var Encumbered Amt Available % Available 20-200000-4130 Benefits Admin Costs 3,000.00 181.64 1,778.67 1,221.33 0.00 1,221.33 40.71 20- 200000 -4135 Unemployment 0.00 0.00 0.00 0.00 0.00 0.00 0.00 20- 200000 -4140 Workers' Compensation 4,000.00 729.60 3,808.27 191.73 0.00 191.73 4.79 Salary & Benefits 743,100.00 56,073.82 503.430.30 239,669.70 0.00 239,669.70 32.25 E03 Professional Services 20- 200000 -4200 Professional Services 40,750.00 7.985.34 24,203.98 16,546.02 0.00 16,546.02 40.60 20- 2000004205 District Manager 59,200.00 4,265.62 30,115.30 29,084.70 0.00 29,084.70 49.13 20- 200000 -4210 Legal Services 72,000.00 7,026.42 49,561.66 22,438.34 0.00 72,438.34 31.16 20- 200000 -4215 Engineering/Architectual Sery 18,000.00 1,400.00 11,200.00 6,800.00 0.00 6,800.00 37.77 20- 200000 -4216 Plan Ck /Inspection- Inside 200,000.00 14,470.00 135,065.00 64,935.00 0.00 64,935.00 32.46 20- 200000 -4217 Plan Ck /Inspection-Outside 25,000.00 382.50 9,140.00 15,860.00 0.00 15,860.00 63.44 20- 200000 -4220 Fiscal Services 66,480.00 3,650.40 29,996.20 36,483.80 0.00 36,483.80 54.87 20- 200000 -4225 Medical /Employment Services 500.00 9.00 378.20 121.80 0.00 121.80 24.36 20- 200000 -4300 Contract Services 6,500.00 1,346.00 6,917.34 (417.34) 0.00 (417.34) (6.42) 20- 200000 -4320 Sewer Contracts 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Professional Services 488,430.00 40,535.28 296,577.68 191,852.32 0.00 191,852.32 39.27 E10 Other Contract Services 20- 200000 -4305 County Collection Fee 13.800.00 13.704.70 13,704.70 95.30 0.00 95.30 0.69 20- 200000 -4325 Election Costs 52,000.00 0.00 37,885.60 14,114.40 0.00 14,114.40 27.14 20- 200000 -4330 Building Maintenance 12,150.00 1,091.68 9,674.78 2,475.22 0.00 2,475.22 20.37 20- 200000 -4335 Equipment Maintenance 23,530.00 (645.13) 19,030.98 4,499.02 0.00 4,499.02 19.12 Other Contract Services 101,480.00 14,151.25 80.296.06 21,183.94 0.00 21,183.94 20.87 E15 Materials & Supplies 20- 200000 -4400 Office Supplies 12,000.00 528.26 8,526.23 3.473.77 0.00 3,473.77 28.94 20- 200000 -4405 MultiMed /Blueprints /Copies /Su 9,000.00 329.06 6.009.21 2,990.79 0.00 2,990.79 33.23 20- 2000004410 Postage 14,700.00 109.14 5,324.10 9,375.90 0.00 9,375.90 63.78 20- 200000 -4420 Public Info /Ed /Community Prom 19.400.00 63.03 5,040.50 14,359.50 0.00 14,359.50 74.01 20- 200000 -4425 SmallTools /Equipment 1,500.00 307.46 577.20 922.80 0.00 922.80 61.52 20- 2000004430 Material & Supplies 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Materials & Supplies 56,600.00 1,336.95 25,477.24 31,122.76 0.00 31,122.76 54.98 E20 Professional Development 20- 2000004500 Prof Membership /Dues 33.690.00 0.00 31,312.20 2,377.80 0.00 2,377.80 7.05 20- 200000 -4505 Staff Development 6,800.00 115.67 1,984.18 4,815.82 0.00 4,815.82 70.82 20-2000004510 Travel /Meals /Lodging 26,800.00 717.74 10,762.70 16,037.30 0.00 16,037.30 59.84 20- 200000 -4520 Mileage Reimbursement 250.00 0.00 108.79 141.21 0.00 141.21 56.48 GL - Ex0s vs Budget ( 04/01/2009 - 9:52 AM) Page 6 Accoun0mber Description Budgeted Amount Period0ount YTD Amount YTD Var Encumbered Amt Avail% Available GL - Expenses vs Budget ( 04/01/2009 - 9:52 AM ) 67,540.00 6,500.00 7,000.00 500.00 2,000.00 7,000.00 23,000.00 A nn 833.41 Professional Development E25 Liability Insurance 20- 200000 -4550 Liability Insurance 0.00 Liability Insurance E30 Utilities 20- 200000 -4600 Telephone 20- 200000 -4605 Cellular Service 20- 200000 -4610 Gas - Building 20- 200000 -4615 Water - Building 20- 200000 -4620 Electric - Building 2,204.90 Utilities E40 Fixed Assets 20- 200000 -4700 Depreciation 20- 200000 -4750 G/L On Disposal of Fixed Asset 1,346.14 Fixed Assets E50 Other Financing Uses 20- 200000 -4900 Other Financing Uses 244.28 Other Financing Uses E55 Non Operating - Other 20- 200000 -4950 Non Operating Expense 20- 200000 -4990 Contingency Non Operating - Other 20- 200000 Totals: 20- 200001 Sewer Maint E25 Liability Insurance 20- 200001 -4550 Swr Liability Insurance GL - Expenses vs Budget ( 04/01/2009 - 9:52 AM ) 67,540.00 6,500.00 7,000.00 500.00 2,000.00 7,000.00 23,000.00 A nn 833.41 44,167.87 23,372.13 0.00 23,372.13 34.60 0.00 54,321.25 15,678.75 0.00 15,678.75 22.39 0.00 54,321.25 15,678.75 0.00 15,678.75 22.39 236.70 4,295.10 2,204.90 0.00 2,204.90 33.92 731.46 5,653.86 1,346.14 0.00 1,346.14 19.23 62.13 255.72 244.28 0.00 244.28 48.85 n no 021 17u 1 018 72 000 1 018 72 5093 0.00 0.00 0.00 0.00 0.00 0.00 2,333.04 0.00 2,333.04 33.32 7, 147.08 0.00 7,147.08 31.07 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 182,000.00 0.00 0.00 182,000.00 0.00 182,000.00 100.00 2,650.00 0.00 0.00 2,650.00 0.00 2,650.00 100.00 184,650.00 0.00 0.00 184,650.00 0.00 184,650.00 100.00 1,734,800.00 114,315.85 1,020,123.32 714,676.68 0.00 714,676.68 41.19 10,000.00 0.00 8,980.40 1,019.60 0.00 1,019.60 10.19 Page 7 Account Number Description Budgeted Amount Period Amount YTD Amount YTD Var Encumbered Amt Available % Available GL - ExOr vs Budget ( 04/01/2009 - 9:52 AM) Page 8 Liability Insurance 10,000.00 0.00 8,980.40 1,019.60 0.00 1,019.60 10.19 E41 Sewer Maint - Salary/Benefit 20- 200001 -4001 Swr Maint - Regular Salaries 175.200.00 13,951.80 125,060.35 50,139.65 0.00 50,139.65 28.61 20- 200001 -4002 Swr Maint - PT Salaries 0.00 0.00 0.00 0.00 0.00 0.00 0.00 20- 200001 -4005 Swr Maint - Overtime 19,000.00 1,766.94 11,495.00 7,505.00 0.00 7,505.00 39.50 20- 200001 -4040 Compensated Absences 1.600.00 0.00 0.00 1,600.00 0.00 1,600.00 100.00 20- 2000014100 Swr Maint - Cafeteria Plan 28,800.00 2,397.00 20,913.82 7,886.18 0.00 7,886.18 27.38 20- 200001 -4105 Swr Maint - Medicare ER 3.400.00 238.93 2,091.73 1,308.27 0.00 1,308.27 38.47 20-200001-4115 Swr Maint - PERS ER 25.400.00 2,089.39 18,632.64 6,767.36 0.00 6,767.36 26.64 20- 200001 -4120 Swr Maint - PERS EE 13,200.00 976.63 8,874.93 4,325.07 0.00 4,325.07 32.76 20- 200001 -4125 Swr Maint - DefMedical RHS 1,800.00 138.19 1.243.85 556.15 0.00 556.15 30.89 20- 200001 -4130 Benefit Administration 500.00 23.48 204.86 295.14 0.00 295.14 59.02 20-2000014135 Swr Maint - Unemployment 0.00 0.00 0.00 0.00 0.00 0.00 0.00 20- 200001 -4140 Swr Maint - Workers Comp 14.700.00 2,726.40 14,230.90 469.10 0.00 469.10 3.19 Sewer Maint - Salary/Benefit 283.600.00 24,308.76 202,748.08 80,851.92 0.00 80,851.92 28.50 E42 Sewer Maint Operations 20- 200001 -4300 Sewer Maint - Claims 0.00 0.00 0.00 0.00 0.00 0.00 0.00 20-200001-4305 Sewer Maint -Pump Stn Contract 125,000.00 1,831.58 33.468.47 91,531.53 0.00 91.531.53 73.22 20- 200001 -4320 Sewer Maint -Sewer Line Maint 450,000.00 0.00 339,927.89 110,072.11 0.00 110.072.11 24.46 20-200001-4335 Sewer Maint-Equipment Maint 62.500.00 9,228.95 42,128.54 20,371.46 0.00 20,371.46 32.59 20- 200001 -4350 Sewer Maint - Property Lease 0.00 0.00 0.00 0.00 0.00 0.00 0.00 20-200001-4405 Sewer Maint-MultiMed/Blueprin 0.00 0.00 0.00 0.00 0.00 0.00 0.00 20- 200001 -4425 Sewer Maint -Small Tools /Eq 20,000.00 0.00 2,179.45 17,820.55 1,119.52 16,701.03 83.50 20- 200001 -4430 Sewer Maint- Material /Supplies 44,000.00 1.628.84 21,738.37 22,261.63 0.00 22,261.63 50.59 20- 200001 -4505 Sewer Maint -Staff Development 4,500.00 0.00 225.00 4,275.00 0.00 4,275.00 95.00 20- 200001 -4510 Sewer Maint-Travel/Meals 500.00 0.00 0.00 500.00 0.00 500.00 100.00 20- 2000014625 Sewer Maint- Water Pumps 1,800.00 90.00 727.49 1,072.51 0.00 1,072.51 59.58 20- 200001 -4630 Sewer Maint - Electric Pumps 90,000.00 6,529.75 54,949.25 35,050.75 0.00 35,050.75 38.94 Sewer Maint Operations 798,300.00 19,309.12 495,344.46 302,955.54 1,119.52 301,836.02 37.81 E65 Capital Improvement Program 20- 200001 -4995 Capital Outlay 40,000.00 0.00 36,136.19 3,863.81 0.00 3,863.81 9.66 Capital Improvement Program 40,000.00 0.00 36,136.19 3,863.81 0.00 3,863.81 9.66 20- 200001 Totals: 1,131,900.00 43,617.88 743,209.13 388,690.87 1,119.52 387,571.35 34.24 GL - ExOr vs Budget ( 04/01/2009 - 9:52 AM) Page 8 GL - Expenses vs Budget ( 04/01/2009 - 9:52 AM ) Page 9 *% Available Accoun timber Description Budgeted Amount Periodeount YTD Amount YTD Var Encumbered Amt Avail 20- 200100 Capital Outlay E65 Capital Improvement Program 20- 200100 -4995 Capital Outlay 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Capital Improvement Program 0.00 0.00 0.00 0.00 0.00 0.00 0.00 20 -200 100 Totals: 0.00 0.00 0.00 0.00 0.00 0.00 0.00 20- 200429 Bristol Pump Station E65 Capital Improvement Program 20- 200429 -4300 Bristol St Pump - Contract Labor 0.00 225.38 10,581.97 (10,581.97) 0.00 (10,581.97) 0.00 Capital Improvement Program 0.00 225.38 10,581.97 (10,581.97) 0.00 (10,581.97) 0.00 20- 200429 Totals: 0.00 225.38 10,581.97 (10,581.97) 0.00 (10,581.97) 0.00 20- 200449 Sinking Fd/Future Sewer Lines E65 Capital Improvement Program 20- 200449 -4300 Sinking Fund #149 /Swr -Contr Sv 1,895,805.00 0.00 0.00 1,895,805.00 0.00 1,895,805.00 100.00 Capital Improvement Program 1,895,805.00 0.00 0.00 1,895,805.00 0.00 1,895,805.00 100.00 20- 200449 Totals: 1,895,805.00 0.00 0.00 1,895,805.00 0.00 1,895,805.00 100.00 20- 200456 Earthquake /Major Emer Swr Rep E65 Capital Improvement Program 20- 2004564300 Earthquake /Emergency- ContrSv 1,000,000.00 0.00 0.00 1,000,000.00 0.00 1,000,000.00 100.00 Capital Improvement Program 1,000,000.00 0.00 0.00 1,000,000.00 0.00 1,000,000.00 100.00 20- 200456 Totals: 1,000,000.00 0.00 0.00 1,000,000.00 0.00 1,000,000.00 100.00 20- 200459 Televising Swr Lines E65 Capital Improvement Program 20- 200459 -4300 Televising Swr# I 59-Contr Svc 52,224.00 4,620.00 10,230.00 41,994.00 0.00 41,994.00 80.41 GL - Expenses vs Budget ( 04/01/2009 - 9:52 AM ) Page 9 Account Number Description Budgeted Amount Period Amount YTD Amount YTD Var Encumbered Amt Available % Available Capital Improvement Program 0.00 41,994.00 52,224.00 10,230.00 4,620.00 41,994.00 80.41 20- 200459 Totals: 52.224.00 4,620.00 10,230.00 41,994.00 0.00 41,994.00 80.41 20- 200464 Misc. Swr Work/Manhole Adj. E65 Capital Improvement Program 20- 200464 -4300 Misc Swr Wk #164 -Cont Svc 194,806.00 0.00 153,204.26 41,601.74 30,642.39 10,959.35 5.62 Capital Improvement Program 194,806.00 0.00 153,204.26 41,601.74 30,642.39 10,959.35 5.62 20- 200464 Totals: 194,806.00 0.00 153,204.26 41,601.74 30,642.39 10.959.35 5.62 20- 200468 Tustin Pump Sm Remodel E65 Capital Improvement Program 20- 200468 -4300 Irvine/Tustin Pump Stn #168 -Con 4,478.00 34.87 34.87 4.443.13 0.00 4,443.13 99.22 Capital Improvement Program 4,478.00 34.87 34.87 4,443.13 0.00 4,443.13 99.22 20- 200468 Totals: 4.478.00 34.87 34.87 4,443.13 0.00 4,443.13 99.22 20- 200470 Emerg Response Plan Pump Stn E65 Capital Improvement Program 20- 200470 -4300 Emerg Pump Plan -Contr Svc 24,200.00 0.00 0.00 24,200.00 0.00 24,200.00 100.00 Capital Improvement Program 24,200.00 0.00 0.00 24,200.00 0.00 24,200.00 100.00 20- 200470 Totals: 24,200.00 0.00 0.00 24,200.00 0.00 24,200.00 100.00 20- 200471 Irvine PS Free Main #171 E65 Capital Improvement Program 20- 200471 -4300 Irvine PS Free Main #171 -Contr 455,640.00 0.00 167,728.20 287,911.80 0.00 287,911.80 63.18 Capital Improvement Program 455,640.00 0.00 167,728.20 287,911.80 0.00 287,91 1.80 63.18 GL - Exis s vs Budget ( 04/01/2009 - 9:52 AM) Page 10 Accoun'timber Description Budgeted Amount Periodfount YTD Amount YTD Var Encumbered Amt Avail *% Available 20- 200471 Totals: 455,640.00 0.00 167,728.20 287,911.80 0.00 287,911.80 63.18 20- 200473 SC Plaza Sm Force Main Replac E65 Capital Improvement Program 20- 2004734300 SC Plaza Pump# I 73-Contr Svc 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Capital Improvement Program 0.00 0.00 0.00 0.00 0.00 0.00 0.00 20- 200473 Totals: 0.00 0.00 0.00 0.00 0.00 0.00 0.00 20- 200575 OCSD Grant E65 Capital Improvement Program 20- 200575 -4215 OCSD Grant #175 - Eng Svc 0.00 0.00 0.00 0.00 0.00 0.00 0.00 20- 200575 -4300 OCSD Grant #175 - Cont Svc 259,708.00 9,775.00 62,512.52 197,195.48 0.00 197,195.48 75.93 Capital Improvement Program 259,708.00 9,775.00 62,512.52 197,195.48 0.00 197,195.48 75.93 20- 200575 Totals: 259,708.00 9,775.00 62,512.52 197,195.48 0.00 197,195.48 75.93 20- 200601 Westside Abandonment #101 E65 Capital Improvement Program 20- 200601 -4300 Westside Aband# 10 1 -Cont Svc 499,941.00 0.00 0.00 499,941.00 0.00 499,941.00 100.00 Capital Improvement Program 499,941.00 0.00 0.00 499,941.00 0.00 499,941.00 100.00 20- 200601 Totals: 499,941.00 0.00 0.00 499,941.00 0.00 499,941.00 100.00 20- 200676 WDR Phase III #176 E65 Capital Improvement Program 20- 200676 -4300 WDR Ph III #176 - Contr Svc 17,404.00 0.00 0.00 17,404.00 0.00 17,404.00 100.00 Capital Improvement Program 17,404.00 0.00 0.00 17,404.00 0.00 17,404.00 100.00 GL - Expenses vs Budget ( 04/01/2009 - 9:52 AM) Page 1 I Account Number Description Budgeted Amount Period Amount YTD Amount YTD Var Encumbered Amt Available % Available 20- 200676 Totals: 17,404.00 0.00 0.00 17,404.00 0.00 17,404.00 100.00 20- 200677 Capital Facility Aq #177 E65 Capital Improvement Program 20- 200677 -4300 Capital Fac Aq #177 -Contr Svc 97,737.00 0.00 1,100.13 96,636.87 0.00 96,636.87 98.87 Capital Improvement Program 97,737.00 0.00 1,100.13 96,636.87 0.00 96,636.87 98.87 20- 200677 Totals: 97.737.00 0.00 1,100.13 96,636.87 0.00 96,636.87 98.87 20- 200678 Replace Sewer Bypass #178 E65 Capital Improvement Program 20- 200678 -4300 Rep Swr Bypass #178 -Contr Svc 26,723.00 0.00 0.00 26,723.00 0.00 26,723.00 100.00 Capital Improvement Program 26,723.00 0.00 0.00 26,723.00 0.00 26,723.00 100.00 20- 200678 Totals: 26,723.00 0.00 0.00 26,723.00 0.00 26,723.00 100.00 20- 200679 Building/Grounds Fund #179 E65 Capital Improvement Program 20- 200679 -4300 Bld/Grds Fund# 179 -Contr Svc 3,753.00 0.00 0.00 3,753.00 0.00 3,753.00 100.00 Capital Improvement Program 3,753.00 0.00 0.00 3,753.00 0.00 3,753.00 100.00 20- 200679 Totals: 3,753.00 0.00 0.00 3,753.00 0.00 3,753.00 100.00 20- 200780 Fog #180 E65 Capital Improvement Program 20- 200780 -4300 Fog Program #180 - Contract Svc 236,096.00 10,826.00 58,318.99 177,777.01 0.00 177,777.01 75.29 Capital Improvement Program 236.096.00 10,826.00 58,318.99 177,777.01 0.00 177,777.01 75.29 20- 200780 Totals: 236,096.00 10,826.00 58.318.99 177,777.01 0.00 177,777.01 75.29 Page 12 GL - Ex0s vs Budget ( 04/01/2009 - 9:52 AM) Account, Mber Description Budgeted Amount Period hunt YTD Amount YTD Var Encumbered Amt Avail /. Available 20- 200781 Newp/ l 9th Swr # 181 E65 Capital Improvement Program 20- 200781 -4300 Newp /19th Swr #181 Contr Svc 48,658.00 (47.09) 0.00 48,658.00 0.00 48,658.00 100.00 Capital Improvement Program 48,658.00 (47.09) 0.00 48,658.00 0.00 48,658.00 100.00 20- 200781 Totals: 48,658.00 (47.09) 0.00 48,658.00 0.00 48,658.00 100.00 20- 200882 Analysis of CCTV Results #182 E65 Capital Improvement Program 20- 200882 -4300 Analysis of CCTV Results #182 125,000.00 0.00 0.00 125,000.00 0.00 125,000.00 100.00 Capital Improvement Program 125,000.00 0.00 0.00 125,000.00 0.00 125,000.00 100.00 20- 200882 Totals: 125,000.00 0.00 0.00 125,000.00 0.00 125,000.00 100.00 20- 200883 System Wide Repair Prog #183 E65 Capital Improvement Program 20- 200883 -4300 Systm Wide Repair Program #18 700,000.00 0.00 260,162.32 439,837.68 0.00 439,837.68 62.83 Capital Improvement Program 700,000.00 0.00 260,162.32 439,837.68 0.00 439,837.68 62.83 20- 200883 Totals: 700,000.00 0.00 260,162.32 439,837.68 0.00 439,837.68 62.83 20- 200886 Sewer Lateral Program #186 E65 Capital Improvement Program 20- 200886 -4300 Sewer Lateral Program #186 186,894.00 9,253.41 97,558.94 89,335.06 0.00 89,335.06 47.80 Capital Improvement Program 186,894.00 9,253.41 97,558.94 89,335.06 0.00 89,335.06 47.80 20- 200886 Totals: 186,894.00 9,253.41 97,558.94 89,335.06 0.00 89,335.06 47.80 20 Totals: 8.695,767.00 192,621.30 2,584,764.65 6,111,002.35 31,761.91 6,079,240.44 69.91 Page 13 GL - Expenses vs Budget ( 04/01/2009 - 9:52 AM) Account Number Description Budgeted Amount Period Amount YTD Amount YTD Var Encumbered Amt Available % Available 21 Sewer Construction Fund 21- 200000 Liquid Administration E55 Non Operating - Other 21-200000-4995 Residual Fund Transfer 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Non Operating - Other 0.00 0.00 0.00 0.00 0.00 0.00 0.00 21- 200000 Totals: 0.00 0.00 0.00 0.00 0.00 0.00 0.00 21 Totals: 0.00 0.00 0.00 0.00 0.00 0.00 0.00 30 Facilities Revolving Fund 30- 200887 District Yard E65 Capital Improvement Program 30- 200887 -4300 District Yard 96.906.00 334.86 72,970.20 23,935.80 0.00 23,935.80 24.70 Capital Improvement Program 96,906.00 334.86 72,970.20 23,935.80 0.00 23,935.80 24.70 30- 200887 Totals: 96,906.00 334.86 72,970.20 23,935.80 0.00 23,935.80 24.70 30 Totals: 96,906.00 334.86 72,970.20 23,935.80 0.00 23.935.80 24.70 Report Totals: 14,172,333.00 583,551.70 8.050,938.36 8,019,176.45 56.58 31,761.91 6,1213 94.64 GL - Ex vs Budget ( 04/01/2009 - 9:52 AM) � � Page 14 Genera Ledger Revenue Analysis COSTA 914ESA S.,W]TI TO)ISTR,ICT a>s Independent Special oistrict User: tgonzalez Printed: 04/02/2009 - 12:37 P Period 9, 2009 Account Number Description Budgeted Revenue Period Revenue YTD Revenue Uncollected Balance Percent Received 10 Solid Waste Fund 10- 000000 -3000 Charges for Services 5,000.00 350.87 1,227.26 3,772.74 24.55 10- 000000 -3001 Secured Property Tax 0.00 10,003.94 115,854.04 (115,854.04) 0.00 10- 000000 -3002 Unsecured Property Tax 0.00 0.00 7,282.39 (7,282.39) 0.00 10- 000000 -3003 Supplemental Property Tax 0.00 193.34 2,597.46 (2,597.46) 0.00 10- 000000 -3004 Homeowner Taxes 0.00 0.00 0.00 0.00 0.00 10- 000000 -3005 Misc- Delq/Penalty/PY Tx 0.00 343.64 8,244.73 (8,244.73) 0.00 10- 000000 -3006 Public Utility 0.00 0.00 0.00 0.00 0.00 10- 000000 -3007 Customer Refunds 0.00 0.00 0.00 0.00 0.00 10- 000000 -3100 Licenses & Permits 0.00 0.00 0.00 0.00 0.00 10- 000000 -3300 Investment Earnings 60,000.00 (372.34) 37,114.14 22,885.86 61.86 10- 000000 -3310 Fair Market Value Adjustment 0.00 0.00 232.94 (232.94) 0.00 10- 000000 -3400 From Other Agencies 0.00 0.00 0.00 0.00 0.00 10- 000000 -3405 Grants 0.00 0.00 9,409.67 (9,409.67) 0.00 10- 000000 -3510 Additional Container Charge 150,000.00 30,410.98 71,025.31 78,974.69 47.35 10- 000000 -3525 Other Charges for Services 0.00 0.00 0.00 0.00 0.00 10- 000000 -3600 Annual Charge 5,140,100.00 330,976.72 3,187,833.49 1,952,266.51 62.02 10- 000000 -3700 Contributions 25,000.00 0.00 28,374.60 (3,374.60) 113.50 10- 000000 -3725 Other Reimbursements 0.00 200.00 2,260.00 (2,260.00) 0.00 10 Totals: 5,380,100.00 372,107.15 3,471,456.03 1,908,643.97 64.52 20 Liquid Waste Fund 20- 000000 -3000 Charges For Services 10,000.00 0.00 16,712.06 (6,712.06) 167.12 20- 000000 -3007 Customer Refund 0.00 0.00 0.00 0.00 0.00 20- 000000 -3100 Sewer Permits 5,000.00 2,035.00 6,820.00 (1,820.00) 136.40 20- 000000 -3300 Investment Earnings 147,000.00 0.00 68,620.52 78,379.48 46.68 20- 000000 -3310 Fair Market Adjustment 0.00 0.00 396.79 (396.79) 0.00 20- 000000 -3400 From Other Agencies 0.00 0.00 0.00 0.00 0.00 20- 000000 -3500 Permits/Inspection Fees 25,000.00 910.00 4,750.00 20,250.00 19.00 20- 000000 -3505 OCSD Fees -CMSD Share 0.00 2,753.55 5,763.33 (5,763.33) 0.00 20- 000000 -3515 Sale of Maps & Publications 0.00 0.00 0.00 0.00 0.00 20- 000000 -3525 Other Charges for Services 0.00 0.00 0.00 0.00 0.00 GL - Revenue Analysis ( 04/02/2009 - 12:37 PM ) Page 1 Account Number Description Budgeted Revenue Period Revenue YTD Revenue Uncollected Balance Percent Received 20- 000000 -3600 Annual Charge 4,570,500.00 259,620.19 2,848,512.18 1,721,987.82 62.32 20- 000000 -3700 Contributions 0.00 0.00 0.00 0.00 0.00 20- 000000 -3725 Other Reimbursements 0.00 0.00 154,369.00 (154,369.00) 0.00 20 Totals: 4,757,500.00 265,318.74 3,105,943.88 1,651,556.12 65.29 21 Sewer Construction Fund 21- 000000 -3300 Investment Earnings 0.00 0.00 0.00 0.00 0.00 21- 000000 -3310 Fair Market Value Adj 0.00 0.00 0.00 0.00 0.00 21 Totals: 0.00 0.00 0.00 0.00 0.00 30 Facilities Revolving Fund 30- 000000 -3210 Fixture Fees 0.00 5,512.50 16,575.02 (16,575.02) 0.00 30- 000000 -3220 Sewer Connection Fees 0.00 0.00 0.00 0.00 0.00 30- 000000 -3300 Investment Earnings 0.00 0.00 31,217.27 (31,217.27) 0.00 30- 000000 -3310 Fair Market Value Adjustment 0.00 0.00 155.73 (155.73) 0.00 30- 000000 -3340 Rental Revenue 0.00 0.00 1,880.00 (1,880.00) 0.00 30- 000000 -3525 Other Charges for Services 0.00 0.00 0.00 0.00 0.00 30 Totals: 0.00 5,512.50 49,828.02 (49,828.02) 0.00 Report Totals: 10,137,600.00 642,938.39 3,510,372.07 65.37 6,627,227.93 GL - Revenle alysis ( 04/02/2009 - 12:37 PM ) 0 0 Page 2 • General Ledger Balance Sheet User: tgonzalez Printed: 04 /02/2009 - 12:26 P Period Ending 9 Fiscal Period 9, 2009 Description Solid Waste Fund Assets Cash in Bank Accounts Receivable Charges/Taxes Receivable Total Assets Liabilities Compensated Absences Payable Deferred Revenue Total Liabilities Fund - Balance Reserved for Life Insurance Reserve for Operating Unreserved Undesignated RE Total Fund -Balance Retained Earnings: Total Fund Balance and Retained Earnings: Total Liabilities, Fund - Balance and Retained Earnings: COSTA 5W ESA S,�`N17}� 1RT (DISTR,ICT ... an Independent 3pecia District Amount 3,203,506.62 8,482.15 84,395.71 3,296,384.48 5,569.98 15,545.13 21,115.11 25,000.00 1,352,000.00 1,890,473.13 3,267,473.13 7,796.24 3,275,269.37 3,296,384.48 GL - Balance Sheet ( 04/02/2009 - 12:26 PM ) Page 1 Description Amount Liquid Waste Fund Compensated Absences Payable 42,557.36 Assets 122,086.72 Cash In Bank 5,562,744.13 Petty Cash/Change Funds 700.00 Accounts Receivable 1,871.70 Charges/Taxes Receivable 36,595.70 Due From Other Governments 310,591.00 Land 77,964.00 Property Rights 4,025.00 Building & Structures 1,340,797.29 Subsurface Sewer Lines 24,026,497.53 Office Furniture & Equipment 299,853.45 Machinery & Equipment 618,203.35 Vehicles 182,275.00 Construction In Progress 2,322,856.65 Accumulated Deprec - Vehicles (49,066.28) Accumulated Deprec - Buildings (415,571.51) Accum Deprec - Subsurface Line (12,077,709.86) Accumulated Deprec - Office Eq (59,970.63) Accumulated Deprec - Equipment (298,046.12) Total Assets 21,884,610.40 Liabilities Compensated Absences Payable 42,557.36 Retention's Payable 122,086.72 PERS Retirement 31.16 PERS Medical 5,670.97 Life/AD &D Insurance 330.0 Long -Term Disability 321.0 Dental Insurance 188.51 Employee Insurance 1,461.93 Due to OCSD 53,395.45 Total Liabilities 226,043.18 Fund - Balance Reserved for Capital Outlay 3,939,067.02 Investment in Fixed Assets 15,972,107.87 Reserve for Operating 618,400.00 Unreserved Undesignated RE 607,813.10 Total Fund - Balance 21,137,387.99 • GL - Balance Sheet ( 04/02/2009 - 12:26 PM ) Page 2 Description Amount • Retained Earnings: 521,179.23 Total Fund Balance and Retained Earnings: 21,658,567.22 Total Liabilities, Fund - Balance and Retained Earnings: 21,884,610.40 0 0 GL - Balance Sheet ( 04/02/2009 - 12:26 PM ) Page 3 Description Amount Sewer Construction Fund Assets • Cash and Investments 100,000.00 Total Assets 100,000.00 Liabilities Deposits Payable 100,000.00 Total Liabilities 100,000.00 Retained Earnings: 0.00 Total Fund Balance and Retained Earnings: 0.00 Total Liabilities, Fund - Balance and Retained Earnings: 100,000.00 C7 0 GL - Balance Sheet ( 04/02/2009 - 12:26 PM) Page 4 i. Description Amount Facilities Revolving Fund MAssets Cash and Investments 2,066,048.79 Land 901,691.41 Construction In Progress 167,160.90 Total Assets 3,134,901.10 Fund -Balance Reserved for Capital Outlay 96,905.69 Investment in Fixed Assets 1,068,852.31 Secured Retained Earnings 1,992,285.28 Total Fund - Balance 3,158,043.28 Retained Earnings: (23,142.18) Total Fund Balance and Retained Earnings: 3,134,901.10 Total Liabilities, Fund - Balance and Retained Earnings: 3,134,901.10 • GL - Balance Sheet ( 04/02/2009 - 12:26 PM ) Page 5 COSTA 9WESA SA999ART(DISTRICT Memorandum .. _. an Independent Specia[ District To: Board of Directors From: Marc Davis, Treasurer /Director of Finance,,� Date: April 8, 2009 Subject: Treasurer's Report for the Month of March 2009 Attached is the Treasurer's Report for the month of March 2009. As required by the District's Statement of Investment Policy, the Treasurer's report delineates all investment activity during the month. This report lists the types of securities held in the District's portfolio, the institutions from which the securities were purchased, maturity dates and interest rates as of March 31, 2009. The District's investments are in compliance with the Statement of Investment Policy adopted by the Board at the June 23, 2008 regular meeting, as well as the California Government Code. The market values in this report were provided by our third party custodian, Bank of New York, except for the Local Agency Investment Fund (LAIF). The market value of LAIF was provided by the State Treasurer's Office. It does not represent the value of the underlying securities within the pool, but rather the par or cost amount, which is the amount the District is entitled to withdraw. This reporting practice is consistent with industry standard practices for similar funds. The weighted average stated rate of return (current yield) for the District's investment portfolio as of March 31, 2009, was 2.438 %. The yield to maturity of the portfolio was 2.436 %. The District's weighted average interest rate was 62 basis points (0.616 %) above the daily effective yield of LAIF, which was 1.822% as of March 31, 2009. The weighted average number of days to maturity for the District's total portfolio was 596 days (1.63 years). The average duration of the underlying securities in LAW as of March 31, 2009, which is the most current information available, was 196 days. ftotecting our community's Fieafth 6y providing soCudwaste andsewerco!lection services. crosdca.gov Compliance Reporting The District's investment portfolio is in compliance with its liquidity limitations, which requires that a minimum of 20% of the portfolio must mature within one year. The percentage of the portfolio maturing in less than one year as of March 31, 2009 was 52.62 %. As of March 31, 2009, the District has adequate operating reserves necessary to meet its obligations for the next six months. • I* ig Active Accounts Bank of America Reconciling Items Total Active Accounts COSTA MESA SANITARY DISTRICT Treasurer's Report of Pooled Cash and Investments as of March 31, 2009 Bank Balance $ 545,935.51 545,935.51 Investments Market Value Local Agency Investment Fund $ 5,503,887.37 Money Market/Sweep Account 87,590.47 Federal Agency Securities 5,033,750.00 Total Investments 10,625,227.84 Total Pooled Cash & Investments $ 11,171,163.35 Deposits Outstanding In Transits Checks 205,113.81 205,113.81 Market Adjustment Increase Decrease - 33,750.00 33, 750.00 $ - $ 238,863.81 Costa Mesa Sanitary District ® Pooled Cash and Investments by Fund as of March 31, 2009 CMSD Solid Waste Activities CMSD Liquid Waste Activities Total Pooled Cash & Investments Marcus D. Davis Treasurer /Director of Finance • 3 4/r/- S Date Book Balance $ 340,821.70 340,821.70 Cost $ 5,503,887.37 87,590.47 5,000,000.00 10,591,477.84 $ 10,932,299.54 $ 3,203,506.62 7,728,792.92 $ 10,932,299.54 COSTA MESA SANITARY DISTRICT Investment Activity Summary as of March 31, 2009 Total investments outstanding as of February 28, 2009 Additions: Gain on Sale of Investment: Investment Purchases: Deductions: Investment Maturity /Sale Proceeds: Loss on Sale of Investment: Investments Called: Net increase (decrease) in Sweep Account Net increase (decrease) in LAIF Total investments outstanding as of March 31, 2009 4 • $ 11,054,469.22 8.62 (463,000.00) • $ 10,591,477.84 LJ COSTA MESA &ITARY DISTRICT Investment and Investment Earnings as of March 31, 2009 "Represents the LAW daily rate at 3/31/09 5 $ 10,591,477.84 $ 32,519.42 • Comments Interest CUSIP Purchase Maturity Coupon Investment Earned at Number Investment Date Date Rate Cost 03/31/09 n/a Local Agency Investment Fund n/a n/a 1.822% $ 5,503,887.37 n/a n/a Bank of New York -Sweep Acct n/a n/a 0.010% 87,590.47 n/a 3133XRGF1 Federal Home Loan Bank 06/16/08 09/16/10 3.320% 1,000,000.00 9,683.33 3133XRGZ7 Federal Home Loan Bank 06/24/08 06/24/11 3.550% 1,000,000.00 9,565.27 31331GKJ7 Federal Farm Credit Bank 01/21/09 01/21/14 3.000% 1,000,000.00 5,833.33 3133XSWG9 Federal Home Loan Bank 02/05/09 02/05/14 2.875% 1,000,000.00 4,472.22 3133XT2W5 Federal Home Loan Bank 02/26/09 02/26/13 3.050% 1,000,000.00 2,965.27 "Represents the LAW daily rate at 3/31/09 5 $ 10,591,477.84 $ 32,519.42 • Comments COSTA MESA SANITARY DISTRICT Summary of Policy Limitations as of March 31, 2009 Description U.S. Treasury Bills U.S. Treasury Notes Federal Agency Issues: FICB FLB FHLB FHLMC FNMA FFCB Other Banker's Acceptances Certificates of Deposit Negotiable Certificates of Deposits Commercial Paper Medium Term Corporate Notes LAIF (Local Agency Investment Fund) Money Market/Mutual Funds (Sweep Acct) Total • of portfolio maturing under one year • of portfolio maturing over one year Current % of Market Value 03/31/09 Maximum % 0.00% UNLIMITED 0.00% UNLIMITED 0.00% UNLIMITED 0.00% UNLIMITED 38.00% UNLIMITED 0.00% UNLIMITED 0.00% UNLIMITED 9.37% 0.00% UNLIMITED 0.00% 25%(1) 0.00% 25% 0.00% 25%(1) 0.00% 25%(1) 0.00% 25%(1) 51.80% 40,000,000.00 0.82% 10% per fund (2) 100.00% 52.62% no less than 20% 47.38% 100.00% (1) Further limited to 10% in any single issuer (2) Also limited to 20% in total. *These securities are not considered for purchases: SBA, GNMA, NA and SALLIEMAE 2 • U • U 0 COSTA MESA SANITARY DISTRICT Schedule of Investments by Instrument Type as of March 31, 2009 "Represents the LAIF daily rate at 3/31/09 7 Comments POOL SWEEP FFCB FHLB FHLB FHLB FHLB Purchase Maturity Coupon Investment % of Market % of Description Broker /Dealer Date Date Rate Cost Portfolio Value Portfolio State Treasurer's Pool LAIF n/a Continuous 1.822% $ 5,503,887.37. $ 5,503,887.37 5,503,887.37 51.97% 5,503,887.37 51.80% Money Market Mutual Fund Bank of New York n/a Continuous 0.010% 87,590.47 87,590.47 87,590.47 0.83% 87,590.47 0.82% Federal Farm Credit Bank Union Banc 01/21/09 01/21/14 3.000% 1,000,000.00 995,937.50 1,000,000.00 9.44% 995,937.50 9.37% Federal Home Loan Notes & Bonds Morgan Stanley 06/24108 06/24/11 3.550% 1,000,000.00 1,026,562.50 Federal Home Loan Notes & Bonds Union Banc 06/16/08 09/16/10 3.320% 1,000,000.00 1,005,000.00 Federal Home Loan Notes & Bonds Union Banc 02/05/09 02/05/14 2.875% 1,000,000.00 996,562.50 Federal Home Loan Notes & Bonds Union Banc 02/26/09 02/26/13 3.050% 1,000,000.00 1,009,687.50 4,000,000.00 37.77% 4,037,812.50 38.00% Total Investments $ 10,591,477.84 100.00% $ 10,625,227.84 100.00% "Represents the LAIF daily rate at 3/31/09 7 Comments POOL SWEEP FFCB FHLB FHLB FHLB FHLB Broker /Dealer Local Agency Investment Fund Bank of New York Union Banc Morgan Stanley Union Banc Union Banc Union Banc Total Investment Portfolio Total Portfolio Weighted Avg Interest Rate Weighted Avg Yield to Maturity Weighted Avg Days to Maturity COSTA MESA SANITARY DISTRICT Investment Portfolio as of March 31, 2009 Investment Purchase Maturity Days to Coupon Yield to TWO Date Date Maturi Rate Maturity Pool 1 1.822% ** 1.822% Sweep 1 0.010% 0.010% FHLB 06/16/08 09/16/10 534 3.320% 3.320% FHLB 06/24/08 06/24/11 815 3.550% 3.550% FFCB 01/21/09 01/21/14 1,757 3.000% 2.978% FHLB 02/05/09 02/05/14 1,772 2.875% 2.875% FHLB 02/26/09 02/26/13 1,428 3.050% 3.050% * *Represents the LAIF daily rate at 3/31/09 2.438% 2.436% 596 Days 1.63 Years Investment Cost $ 5,503,887.37 87,590.47 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 $ 10,591,477.84 0 0 COSTA MESA SANITARY DISTRICT For all Maturities with Market Values as of March 31, 2009 Purchase Maturity Intuition Investment Accrued Coupon Investment Date Date Broker /Dealer Type Par Rate Cost n/a Continuous LAIF POOL $ 5,503,887.37 1.822% ** 5,503,887.37 n/a Continuous Bank of New York SWEEP 87,590.47 0.010% 87,590.47 01/21/09 01/21/14 Union Banc FFCB 1,000,000.00 3.000% 1,000,000.00 06/16/08 09/16/10 Union Banc FHLB 1,000,000.00 3.320% 1,000,000.00 06/24/08 06/24/11 Morgan Stanley FHLB 1,000,000.00 3.550% 1,000,000.00 02/05/09 02/05/14 Union Banc FHLB 1,000,000.00 2.875% 1,000,000.00 02126/09 02/26/13 Union Banc FHLB 1,000,000.00 3.050% 1,000,000.00 Total Investments $ 10,591,477.84 10,591,477.84 * *Represents the LAIF daily rate at 3/31/09 • Net Market Accrued Gain /(Loss) Value Interest If Sold 5,503,887.37 - - 87, 590.47 - - 995,937.50 5,833.33 (4,062.50) 1,005,000.00 9,683.33 5,000.00 1, 026, 562.50 9,565.27 26, 562.50 996,562.50 4,472.22 (3,437.50) 1,009,687.50 2,965.27 9,687.50 10,625,227.84 32,519.42 33,750.00 COSTA MESA SANITARY DISTRICT Call Schedule as of March 31, 2009 Type of Purchase Maturity Coupon Investment Investment Date Date Rate Par Value Cost Call Features FFCB 01/21/09 01/21/14 3.000% 1,000,000.00 1,000,000.00 Callable 4/21/09 and anytime after w/7 days notice. FHLB 06/16/08 09/16/10 3.320% 1,000,000.00 1,000,000.00 Callable 6/16/09 w/ 5 days notice. FHLB 06/24/08 06/24/11 3.550% 1,000,000.00 1,000,000.00 Callable 6/24/10 w/ 5 days notice. FHLB 02/05/09 02/05/14 2.875% 1,000,000.00 1,000,000.00 Callable 2/5/10 and anytime after w/5 days notice. FHLB 02/26/09 02/26/13 3.050% 1,000,000.00 1,000,000.00 Callable 2/26/10 and anytime after w/5 days notice. $ 5,000,000.00 5,000,000.00 0 0 0. 1 11 COSTA MESA SANITARY DISTRICT - MATURITIES DISTRIBUTION as of March 31, 2009 ------------------------------------------------------------------- 70%-- - -- ----------------------- - - - - -- Cost In Thousands 52.79% 50%-, - - - -- - -- --------- - - - - -- ------------------------------------ - - - - -- 1 - 180 Days $ 5,591 - 181 - 365 Days - 40% ' 1 - 2 Years 1,000 - - - -- 30% '" ----------------------------------------------------------------- 2 - 3 Years 1,000 18.88% - -- 20% ' ----------------------------------------------------------------- 3 - 4 Years 1,000 9.44% 9.44% 9.44% - - -- ---•---------------------------------------- - - - - -- - -- 4 - 5 Years - 10% ' 0.00% TOTAL $ 8,591 0% 1 -180 181 -365 1 -2 2 -3 3 -4 4 -5 Days Days Years Years Years Years 11 4.00% 3.50% 3.000 2.50% 2.00% 1.50% 1.00% 0.50% 0.000, Costa Mesa Sanitary District Yield Curve Data as of March 31, 2009 IIII h Fpw NNW 00 00 00 00 00 00 0 00 00 00 00 00 00 00 00 00 00 00 00 00 00 o°j o°' o°' o0 0°' o°' �\�� \�o� h� ^o\ h��\ o��o\ o��'b\ ��\ �� o�y\ e��o\ °j��\ 0��6\ o��o\ ,�o��\ ,�o�`�o\ ,��•� ^�\ ,� ^��\ �`��o\ ^ti��o\ ��6\ ^��o\ `�o\ ti �\ `��o\ ��\ ��o,,\ 12 0.1.1 -3 month T -Bill 6 month T -Bill 2 year T -Note 3 year T -Note 5 year T -Note CMSD- monthly -LAIF- monthly OC Pool- monthly COSTA MESA SANITARY DISTRICT Warrant Resolution No. CMSD 2009 -10 A RESOLUTION OF THE COSTA MESA SANITARY DISTRICT RATIFYING THE PAYMENT OF CERTAIN CLAIMS AND DEMANDS, AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME WERE PAID. THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT DOES HEREBY ORDER AND RESOLVE AS FOLLOWS: Section 1. That the attached claims and demands totaling $525,326.76 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 27th day of April 2009. 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 2009 -10 was duly adopted by the Costa Mesa Sanitary District at a regular meeting held on the 27th day of April 2009. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the Costa Mesa Sanitary District on this 27th day of April 2009. Clerk of the Costa Mesa Sanitary District Accounts Payable Checks for Approval User: tgonzalez Printed: 04/01/2009 - 9:34 AM COSTA WEST SiWIT-ARTOISTRICT ... an Independent Special District Check Number Check Date Fund Name Account Name Vendor Name Amount 0 03/04/2009 Liquid Waste Fund Federal Withholding Taxes Internal Revenue Service 243.52 0 03/04/2009 Liquid Waste Fund FICA - Employee Internal Revenue Service 356.25 0 03/04/2009 Liquid Waste Fund FICA - Employee Internal Revenue Service 356.25 0 03/04/2009 Liquid Waste Fund Medicare - Employee Internal Revenue Service 83.32 0 03/04/2009 Liquid Waste Fund Medicare - Employee Internal Revenue Service 83.32 Check Total: 1,122.66 0 03/01/2009 Liquid Waste Fund Life /AD &D Insurance Guardian 330.00 0 03/01/2009 Liquid Waste Fund Long -Term Disability Guardian 236.60 0 03/01/2009 Solid Waste Fund Benefits Admin Costs Guardian 0.50 0 03/01/2009 Liquid Waste Fund Benefits Admin Costs Guardian 4.50 Check Total: 571.60 0 03/06/2009 Liquid Waste Fund PERS Medical Cal PERS 6,089.50 0 03/06/2009 Solid Waste Fund Benefits Admin Costs Cal PERS 2.74 0 03/06/2009 Liquid Waste Fund Benefits Admin Costs Cal PERS 24.66 Check Total: 6,116.90 0 03/11/2009 Liquid Waste Fund Federal Withholding Taxes Internal Revenue Service 4,472.41 0 03/11/2009 Liquid Waste Fund Medicare - Employee Internal Revenue Service 489.26 0 03/11/2009 Liquid Waste Fund Medicare - Employee Internal Revenue Service 371.13 0 03/11/2009 Liquid Waste Fund Medicare- Employee Internal Revenue Service 118.13 Check Total: 5,450.93 0 03/11/2009 Liquid Waste Fund State Withholding Taxes State of Cal Emp Dev Dept 1,311.43 Check Total: 1,31 1.43 AP - CWr Approval ( 04/01/2009 - 9:34 AM ) is 10 age 1 i Check aer Check Date Fund Name Account Name* Vendor Name 0 Amount 0 03/11/2009 Liquid Waste Fund PERS Retirement Cal Pers Employee Ret System 108.70 0 03/11/2009 Liquid Waste Fund PERS Retirement Cal Pers Employee Ret System 33.65 0 03/11/2009 Liquid Waste Fund PERS Retirement Cal Pers Employee Ret System 210.19 0 03/11/2009 Liquid Waste Fund PERS Retirement Cal Pers Employee Ret System 65.07 0 03/11/2009 Liquid Waste Fund PERS, Retirement Cal Pers Employee Ret System 1,552.67 0 03/11/2009 Liquid Waste Fund PERS Retirement Cal Pers Employee Ret System 3,002.87 0 03/11/2009 Liquid Waste Fund PERS Survivor Benefit Cal Pers Employee Ret System 11.16 0 03/11/2009 Liquid Waste Fund PERS Retirement Cal Pers Employee Ret System 480.61 0 03/11/2009 Liquid Waste Fund PERS Retirement Cal Pers Employee Ret System 929.49 0 03/11/2009 Liquid Waste Fund PERS - Employer Cal Pers Employee Ret System 0.02 Check Total: 6,394.43 0 03/25/2009 Liquid Waste Fund Federal Withholding Taxes Internal Revenue Service 150.00 0 03/25/2009 Liquid Waste Fund FICA - Employee Internal Revenue Service 287.74 0 03/25/2009 Liquid Waste Fund FICA - Employee Internal Revenue Service 287.74 0 03/25/2009 Liquid Waste Fund Medicare - Employee Internal Revenue Service 67.30 0 03/25/2009 Liquid Waste Fund Medicare - Employee Internal Revenue Service 67.30 0 03/25/2009 Liquid Waste Fund Medicare - Employer Internal Revenue Service 4.35 Check Total: 864.43 0 03/25/2009 Liquid Waste Fund Federal Withholding Taxes Internal Revenue Service 4,188.50 0 03/25/2009 Liquid Waste Fund Medicare - Employee Internal Revenue Service 478.40 0 03/25/2009 Liquid Waste Fund Medicare - Employee Internal Revenue Service 357.60 0 03/25/2009 Liquid Waste Fund Medicare - Employee Internal Revenue Service 120.80 Check Total: 5,145.30 0 03/25/2009 Liquid Waste Fund State Withholding Taxes State of Cal Emp Dev Dept 1,202.41 Check Total: 1,202.41 0 03/25/2009 Liquid Waste Fund PERS Retirement Cal Pers Employee Ret System 109.75 0 03/25/2009 Liquid Waste Fund PERS Retirement Cal Pers Employee Ret System 34.73 0 03/25/2009 Liquid Waste Fund PERS Retirement Cal Pers Employee Ret System 212.21 0 03/25/2009 Liquid Waste Fund PERS Retirement Cal Pers Employee Ret System 67.16 0 03/25/2009 Liquid Waste Fund PERS Retirement Cal Pers Employee Ret System 1,536.46 0 03/25/2009 Liquid Waste Fund PERS Retirement Cal Pers Employee Ret System 3,031.78 0 03/25/2009 Liquid Waste Fund PERS Survivor Benefit Cal Pers Employee Ret System 11.16 0 03/25/2009 Liquid Waste Fund PERS Retirement Cal Pers Employee Ret System 496.02 0 03/25/2009 Liquid Waste Fund PERS Retirement Cal Pers Employee Ret System 959.29 AP - Checks for Approval ( 04/01/2009 - 9:34 AM) Page 2 Check Number Check Date Fund Name Account Name Vendor Name Amount Check Total: 6,458.56 0 03/15/2009 Solid Waste Fund Investment Earnings Bank of America 380.96 6138 03/12/2009 Solid Waste Fund 6138 03/12/2009 Liquid Waste Fund 6139 03/12/2009 Liquid Waste Fund 6140 03/12/2009 Solid Waste Fund 6140 03/12/2009 Liquid Waste Fund 6141 03/12/2009 Liquid Waste Fund 6142 03/12/2009 Solid Waste Fund 6142 03/12/2009 Liquid Waste Fund 6142 03/12/2009 Liquid Waste Fund 6142 03/12/2009 Solid Waste Fund 6142 03/12/2009 Liquid Waste Fund 6142 03/12/2009 Liquid Waste Fund 6143 03/12/2009 Liquid Waste Fund 6143 03/12/2009 Liquid Waste Fund Check Total: Building Maintenance 949 Storage Building Maintenance 949 Storage Check Total: Employee Insurance AFLAC 380.96 16.00 144.00 160.00 922.22 Check Total: 922.22 Professional Services BHI Management Consulting 587.26 Professional Services BHl Management Consulting 5,285.34 Check Total: 5,872.60 Sewer Lateral Program #186 Brad Larkins 1,750.00 Legal Services Legal Services Legal Services Legal Services Legal Services Legal Services Alan R. Burns Alan R. Burns Alan R. Burns Alan R. Burns Alan R. Burns Alan R. Burns Sewer Maint -Pump Stn Contract C &R Drains Accounts Receivable C &R Drains Check Total: Check Total: 1,750.00 2,166.57 4,023.63 1,104.10 924.91 1,717.69 181.00 10,117.90 176.00 579.00 Check Total: 755.00 6144 03/12/2009 Solid Waste Fund Container Collection Costs CR Transfer, Inc. 28,202.07 Check Total: 28,202.07 AP - Choor Approval ( 04/01/2009 - 9:34 AM) age 3 *her 03/12/2009 Solid Waste Fund Building Maintenance F.M. Thomas Air Condittioning, is Amount Check Check Date Fund Name Account Names Vendor Name F.M. Thomas Air Condittioning, 137.70 6145 03/12/2009 Solid Waste Fund Recycling /Disposal CR Transfer, Inc. 137,144.34 6145 03/12/2009 Solid Waste Fund Recycling/Disposal CR Transfer, Inc. 7,641.35 03/12/2009 Liquid Waste Fund Travel /Meals /Lodging Gary Monahan Check Total: 144,785.69 6146 03/12/2009 Liquid Waste Fund Fog Program #180 - Contract Svc Environmental Engr & Cont, Inc 10,826.00 Check Total: 10,826.00 6147 03/12/2009 Solid Waste Fund Building Maintenance F.M. Thomas Air Condittioning, 15.30 6147 03/12/2009 Liquid Waste Fund Building Maintenance F.M. Thomas Air Condittioning, 137.70 Check Total: 153.00 6148 03/12/2009 Solid Waste Fund Travel/Meals /Lodging Gary Monahan 1.87 6148 03/12/2009 Liquid Waste Fund Travel /Meals /Lodging Gary Monahan 16.83 Check Total: 18.70 6149 03/12/2009 Solid Waste Fund Gas - Building The Gas Company 6.90 6149 03/12/2009 Liquid Waste Fund Gas - Building The Gas Company 62.13 Check Total: 69.03 6150 03/12/2009 Liquid Waste Fund Sewer Maint- Material /Supplies Golden Bell Products, Inc. 1,481.56 Check Total: 1,481.56 6151 03/12/2009 Solid Waste Fund Contract Services Cassandra Chenevert 232.31 6151 03/12/2009 Liquid Waste Fund Contract Services Cassandra Chenevert 431.44 6151 03/12/2009 Solid Waste Fund Contract Services Cassandra Chenevert 299.25 6151 03/12/2009 Liquid Waste Fund Contract Services Cassandra Chenevert 555.75 Check Total: 1,518.75 6152 03/12/2009 Liquid Waste Fund Engineering/Architectual Sery Robin B. Hamers & Assoc., Inc. 1,400.00 6152 03/12/2009 Liquid Waste Fund Plan Ck/Inspection- Inside Robin B. Hamers & Assoc., Inc. 6,460.00 6152 03/12/2009 Liquid Waste Fund Plan Ck/Inspection- Outside Robin B. Hamers & Assoc., Inc. 382.50 6152 03/12/2009 Liquid Waste Fund Plan Ck/Inspection- Inside Robin B. Hamers & Assoc., Inc. 8,010.00 6152 03/12/2009 Liquid Waste Fund OCSD Grant #175 - Cont Svc Robin B. Hamers & Assoc., Inc. 9,775.00 6152 03/12/2009 Solid Waste Fund District Manager Robin B. Hamers & Assoc., Inc. 2,296.88 6152 03/12/2009 Liquid Waste Fund District Manager Robin B. Hamers & Assoc., Inc. 4,265.62 AP - Checks for Approval ( 04/01/2009 - 9:34 AM) Page 4 Check Number Check Date Fund Name Account Name Vendor Name Amount Check Total: 32,590.00 6153 03/12/2009 Solid Waste Fund Postage Hasler 4.26 6153 03/12/2009 Liquid Waste Fund Postage Hasler 38.30 Check Total: 42.56 6154 03/12/2009 Liquid Waste Fund Sewer Maint- Material /Supplies Home Depot Credit Services 68.30 6154 03/12/2009 Solid Waste Fund Building Maintenance Home Depot Credit Services 1.72 6154 03/12/2009 Liquid Waste Fund Building Maintenance Home Depot Credit Services 15.46 Check Total: 85.48 6155 03/12/2009 Solid Waste Fund Benefits Admin Costs Horizon Health EAP 1.40 6155 03/12/2009 Liquid Waste Fund Benefits Admin Costs Horizon Health EAP 12.60 Check Total: 14.00 6156 03/12/2009 Liquid Waste Fund Sewer Maint -Pump Stn Contract Jimni Systems, Inc 1,655.58 Check Total: 1,655.58 6157 03/12/2009 Liquid Waste Fund Sewer Lateral Program #186 Kenneth Ryder 1,179.66 Check Total: 1,179.66 6158 03/12/2009 Liquid Waste Fund Sewer Maint- Water Pumps Mesa Consolidated Water Dist 15.00 6158 03/12/2009 Liquid Waste Fund Sewer Maint- Water Pumps Mesa Consolidated Water Dist 15.00 6158 03/12/2009 Liquid Waste Fund Sewer Maint- Water Pumps Mesa Consolidated Water Dist 15.00 6158 03/12/2009 Liquid Waste Fund Sewer Maint- Water Pumps Mesa Consolidated Water Dist 1,400.00 Check Total: 1,445.00 6159 03/12/2009 Liquid Waste Fund Sewer Maint- Equipment Maint Nextruk 8,610.11 Check Total: 8,610.11 6160 03/12/2009 Liquid Waste Fund Due to OCSD Orange County Sanitation Distr 1,633.05 Check Total: 1.633.05 6161 03/12/2009 Solid Waste Fund office Supplies Office Depot 25.04 AP - Cl -Wr Approval ( 04/01/2009 - 9:34 AM) Page 5 Check *her Check Date Fund Name Account Name• Vendor Name is Amount 6161 03/12/2009 Liquid Waste Fund Office Supplies Office Depot 225.40 6161 03/12/2009 Solid Waste Fund Office Supplies Office Depot 0.92 6161 03/12/2009 Liquid Waste Fund Office Supplies Office Depot 8.28 6161 03/12/2009 Solid Waste Fund Office Supplies Office Depot 0.89 6161 03/12/2009 Liquid Waste Fund Office Supplies Office Depot 8.01 6164 03/12/2009 Liquid Waste Fund Sewer Maint- Equipment Maint Check Total: 268.54 6162 03/12/2009 Solid Waste Fund Travel /Meals /Lodging Bob Ooten 0.77 6162 03/12/2009 Liquid Waste Fund Travel/Meals /Lodging Bob Ooten 6.93 6164 03/12/2009 Liquid Waste Fund MultiMed/Blueprints /Copies /Sub Check Total: 7.70 6163 03/12/2009 Solid Waste Fund Building Maintenance Pacific Building Care, Inc. 45.38 6163 03/12/2009 Liquid Waste Fund Building Maintenance Pacific Building Care, Inc. 408.37 Check Total: 453.75 6164 03/12/2009 Liquid Waste Fund Staff Development CMSD Petty Cash 8.77 6164 03/12/2009 Solid Waste Fund Staff Development CMSD Petty Cash 12.98 6164 03/12/2009 Solid Waste Fund Staff Development CMSD Petty Cash 5.10 6164 03/12/2009 Liquid Waste Fund Staff Development CMSD Petty Cash 45.90 6164 03/12/2009 Liquid Waste Fund Postage CMSD Petty Cash 4.90 6164 03/12/2009 Liquid Waste Fund Sewer Maint- Equipment Maint CMSD Petty Cash 27.50 6164 03/12/2009 Liquid Waste Fund Staff Development CMSD Petty Cash 34.00 6164 03/12/2009 Solid Waste Fund MultiMed/Blueprint/Copies /Sub CMSD Petty Cash 0.73 6164 03/12/2009 Liquid Waste Fund MultiMed/Blueprints /Copies /Sub CMSD Petty Cash 6.57 6164 03/12/2009 Solid Waste Fund Building Maintenance CMSD Petty Cash 0.60 6164 03/12/2009 Liquid Waste Fund Building Maintenance CMSD Petty Cash 5.41 6164 03/12/2009 Solid Waste Fund Public Info/Ed/Community Promo CMSD Petty Cash 24.00 6164 03/12/2009 Liquid Waste Fund Public Info /Ed/Community Promo CMSD Petty Cash 24.00 6164 03/12/2009 Solid Waste Fund Staff Development CMSD Petty Cash 1.50 6164 03/12/2009 Liquid Waste Fund Staff Development CMSD Petty Cash 13.50 6164 03/12/2009 Solid Waste Fund Medical /Employment Services CMSD Petty Cash 1.00 6164 03/12/2009 Liquid Waste Fund Medical /Employment Services CMSD Petty Cash 9,00 6164 03/12/2009 Solid Waste Fund Postage CMSD Petty Cash 7.33 6164 03/12/2009 Liquid Waste Fund Postage CMSD Petty Cash 65.94 6164 03/12/2009 Solid Waste Fund Public Info /Ed/Community Promo CMSD Petty Cash 3.45 6164 03/12/2009 Liquid Waste Fund Public Info /Ed/Community Promo CMSD Petty Cash 31.03 6164 03/12/2009 Solid Waste Fund Public Info /Ed /Community Promo CMSD Petty Cash 8.00 6164 03/12/2009 Liquid Waste Fund Public Info /Ed/Community Promo CMSD Petty Cash 8.00 6164 03/12/2009 Solid Waste Fund Staff Development CMSD Petty Cash 12.05 6164 03/12/2009 Solid Waste Fund Travel /Meals /Lodging CMSD Petty Cash 1.79 6164 03/12/2009 Liquid Waste Fund Travel/Meals /Lodging CMSD Petty Cash 16.12 AP - Checks for Approval ( 04/01/2009 - 9:34 AM ) Page 6 Check Number Check Date Fund Name 6165 03/12/2009 Facilities Revolving Fund 6166 03/12/2009 Liquid Waste Fund 6166 03/12/2009 Liquid Waste Fund 6167 03/1212009 Solid Waste Fund 6167 03/12/2009 Liquid Waste Fund 6168 03/12/2009 Solid Waste Fund 6168 03/12/2009 Liquid Waste Fund 6168 03/12/2009 Solid Waste Fund 6168 03/12/2009 Liquid Waste Fund 6169 03/12/2009 Liquid Waste Fund 6170 03/12/2009 Liquid Waste Fund 6171 03/12/2009 Liquid Waste Fund 6171 03/12/2009 Liquid Waste Fund 6171 03/12/2009 Liquid Waste Fund 6172 03/12/2009 Liquid Waste Fund 6173 03/12/2009 Solid Waste Fund Account Name Vendor Name Check Total: District Yard Robert Thorton Architects, Inc Check Total: Irvine /Tustin Pump Stn #168 -Con Santa Ana Blue Print Bristol St Pump - Contract Labor Santa Ana Blue Print Check Total: Electric - Building Southern California Edison Electric - Building Southern California Edison Deferred Medical -RHS- Employee Check Total: Travel /Meals /Lodging Arlene Schafer Travel /Meals /Lodging Arlene Schafer Office Supplies Arlene Schafer Office Supplies Arlene Schafer Check Total: Cellular Service Verizon Wireless AP - C0for Approval ( 04/01/2009 - 9:34 AM) Page 7 Amount 379.17 250.00 250.00 34.87 225.38 260.25 39.43 354.85 394.28 1.83 16.51 5.38 48.37 72.09 144.50 144.50 305.00 305.00 271.32 202.66 68.66 542.64 1,800.00 1,800.00 40.70 Check Total: Contract Services Underground Service Alert/SC Check Total: Deferred Compensation - 457 VantagePoint Transfer Agents Check Total: Deferred Medical -RHS- Employee VantagePoint Transfer Agents Deferred Medical - RHS - Employee VantagePoint Transfer Agents Deferred Medical- RH S- Employee VantagePoint Transfer Agents Check Total: Sewer Lateral Program #186 Predrag Vasiljevic Check Total: Cellular Service Verizon Wireless AP - C0for Approval ( 04/01/2009 - 9:34 AM) Page 7 Amount 379.17 250.00 250.00 34.87 225.38 260.25 39.43 354.85 394.28 1.83 16.51 5.38 48.37 72.09 144.50 144.50 305.00 305.00 271.32 202.66 68.66 542.64 1,800.00 1,800.00 40.70 Check Nfter Check Date Fund Name Account Name 0 Vendor Name is Amount 6173 03/12/2009 Liquid Waste Fund Cellular Service Verizon Wireless 731.46 Check Total: 772.16 6174 03/12/2009 Liquid Waste Fund Sewer Lateral Program #186 Wayne Leffler 276.25 Check Total: 276.25 6180 03/26/2009 Solid Waste Fund Office Supplies Ariel Supply 20.46 6180 03/26/2009 Liquid Waste Fund Office Supplies Ariel Supply 184.16 6182 03/26/2009 Liquid Waste Fund Sewer Maint - Equipment Maint Check Total: 204.62 6181 03/26/2009 Solid Waste Fund Telephone AT &T 5.78 6181 03/26/2009 Liquid Waste Fund Telephone AT &T 52.05 6181 03/26/2009 Solid Waste Fund Telephone AT &T 20.52 6181 03/26/2009 Liquid Waste Fund Telephone AT &T 184.65 Check Total: 263.00 6182 03/26/2009 Liquid Waste Fund Sewer Maint- Equipment Maint Bank of America 60.40 6182 03/26/2009 Liquid Waste Fund Sewer Maint - Equipment Maint Bank of America 100.00 6182 03/26/2009 Liquid Waste Fund Sewer Maint - Equipment Maint Bank of America -17.79 6182 03/26/2009 Liquid Waste Fund Sewer Maint - Equipment plaint Bank of America -6.82 6182 03/26/2009 Liquid Waste Fund Sewer Maint - Equipment Maint Bank of America 30.00 6182 03/26/2009 Liquid Waste Fund Sewer Maint- Equipment Maint Bank of America 400.00 6182 03/26/2009 Liquid Waste Fund Sewer Maint - Equipment Maint Bank of America - 268.03 6182 03/26/2009 Solid Waste Fund Equipment Maintenance Bank of America 189.88 6182 03/26/2009 Liquid Waste Fund Equipment Maintenance Bank of America 1,708.92 6182 03/26/2009 Solid Waste Fund Travel /Meals /Lodging Bank of America 19.13 6182 03/26/2009 Liquid Waste Fund Travel /Meals /Lodging Bank of America 172.19 6182 03/26/2009 Liquid Waste Fund Sewer Maint - Material /Supplies Bank of America 78.98 6182 03/26/2009 Solid Waste Fund Travel /Meals /Lodging Bank of America 23.02 6182 03/26/2009 Liquid Waste Fund Travel/Meals/Lodging Bank of America 207.18 6182 03/26/2009 Solid Waste Fund Travel /Meals /Lodging Bank of America 21.02 6182 03/26/2009 Liquid Waste Fund Travel /Meals /Lodging Bank of America 189.18 6182 03/26/2009 Liquid Waste Fund Sewer Maint- Equipment Maint Bank of America 64.07 6182 03/26/2009 Solid Waste Fund Travel /Meals/Lodging Bank of America 47.48 6182 03/26/2009 Liquid Waste Fund Travel/Meals /Lodging Bank of America 427.34 6182 03/26/2009 Solid Waste Fund Travel/Meals /Lodging Bank of America 14.92 6182 03/26/2009 Liquid Waste Fund Travel/Meals/Lodging Bank of America 134.28 6182 03/26/2009 Solid Waste Fund Travel/Meals/Lodging Bank of America 7.81 6182 03/26/2009 Liquid Waste Fund Travel /Meals /Lodging Bank of America 70.25 6182 03/26/2009 Solid Waste Fund Building Maintenance Bank of America 6.40 AP - Checks for Approval ( 04/01/2009 - 9:34 AM ) Page 8 Check Number Check Date Fund Name Account Name Vendor Name Amount 6182 03/26/2009 Liquid Waste Fund Building Maintenance Bank of America 57.64 6182 03/26/2009 Solid Waste Fund Travel /Meals /Lodging Bank of America 2.90 6182 03/26/2009 Liquid Waste Fund Travel /Meals /Lodging Bank of America 26.15 6182 03/26/2009 Liquid Waste Fund Sewer Maint- Equipment Maint Bank of America 70.23 6182 03/26/2009 Liquid Waste Fund Sewer Maint- Equipment Maint Bank of America 3.22 6182 03/26/2009 Liquid Waste Fund Sewer Maint- Equipment Maint Bank of America 30.00 6182 03/26/2009 Solid Waste Fund Travel /Meals /Lodging Bank of America 27.32 6182 03/26/2009 Liquid Waste Fund Travel/Meals /Lodging Bank of America 245.88 6182 03/26/2009 Liquid Waste Fund Sewer Maint- Equipment Maint Bank of America 59.31 6182 03/26/2009 Solid Waste Fund Travel /Meals /Lodging Bank of America 3.00 6182 03/26/2009 Liquid Waste Fund Travel /Meals /Lodging Bank of America 26.96 6182 03/26/2009 Solid Waste Fund Multi Med/Blueprint/Copies /Sub Bank of America 12.60 6182 03/26/2009 Liquid Waste Fund MultiMed /Blueprints /Copies /Sub Bank of America 113.40 6182 03/26/2009 Solid Waste Fund Small Tools /Equipment Bank of America 34.16 6182 03/26/2009 Liquid Waste Fund Small Tools /Equipment Bank of America 307.46 6182 03/26/2009 Solid Waste Fund Travel /Meals /Lodging Bank of America 4.14 6182 03/26/2009 Liquid Waste Fund Travel /Meals /Lodging Bank of America 37.27 6182 03/26/2009 Solid Waste Fund Travel /Meals /Lodging Bank of America 5.40 6182 03/26/2009 Liquid Waste Fund Travel /Meals /Lodging Bank of America 48.60 6182 03/26/2009 Liquid Waste Fund Sewer Maint- Equipment Maint Bank of America 66.75 6182 03/26/2009 Solid Waste Fund Staff Development Bank of America 1.50 6182 03/26/2009 Liquid Waste Fund Staff Development Bank of America 13.50 Check Total: 4,877.20 6183 03/26/2009 Solid Waste Fund Fiscal Services CBIZ ATA Orange County LLC 1,965.60 6183 03/26/2009 Liquid Waste Fund Fiscal Services CBIZ ATA Orange County LLC 3,650.40 Check Total: 5,616.00 6184 03/26/2009 Solid Waste Fund Trash Hauler Costa Mesa Disposal 196,603.05 Check Total: 196,603.05 6185 03/26/2009 Liquid Waste Fund Dental Insurance CoPowcr 630.63 Check Total: 630.63 6186 03/26/2009 Solid Waste Fund Contract Services Cassandra Chenevert 192.94 6186 03/26/2009 Liquid Waste Fund Contract Services Cassandra Chenevert 358.31 Check Total: 551.25 6187 03/26/2009 Liquid Waste Fund Sewer Maint- Water Pumps Irvine Ranch Water District 7.50 AP - C19for Approval ( 04/01/2009 - 9:34 AM) Page 9 • C Check l *er Check Date Fund Name Account Name Vendor Name Amount 6187 03/26/2009 Liquid Waste Fund Sewer Maint- Water Pumps Irvine Ranch Water District 7.50 Check Total: 15.00 6188 03/26/2009 Solid Waste Fund Equipment Maintenance Konica Minolta Bus Sol U.S.A., 2.06 6188 03/26/2009 Liquid Waste Fund Equipment Maintenance Konica Minolta Bus Sol U.S.A., 18.55 6188 03/26/2009 Solid Waste Fund Equipment Maintenance Konica Minolta Bus Sol U.S.A., 36.38 6188 03/26/2009 Liquid Waste Fund Equipment Maintenance Konica Minolta Bus Sol U.S.A., 327.40 Check Total: 384.39 6189 03/26/2009 Liquid Waste Fund Sewer Lateral Program #186 Lisa Stanton 1,800.00 Check Total: 1,800.00 6190 03/26/2009 Liquid Waste Fund Sewer Lateral Program #186 Mary Humphrey 1,800.00 Check Total: 1,800.00 6191 03/26/2009 Liquid Waste Fund Sewer Maint- Water Pumps Mesa Consolidated Water Dist 15.00 Check Total: 15.00 6192 03/26/2009 Liquid Waste Fund Televising Swr#159 -Contr Svc National Plant Services, Inc. 4,620.00 Check Total: 4,620.00 6193 03/26/2009 Solid Waste Fund Office Supplies Office Depot 1.36 6193 03/26/2009 Liquid Waste Fund Office Supplies Office Depot 12.21 6193 03/26/2009 Solid Waste Fund Office Supplies Office Depot 4.65 6193 03/26/2009 Liquid Waste Fund Office Supplies Office Depot 41.83 Check Total: 60.05 6194 03/26/2009 Solid Waste Fund MultiMed/Blueprint/Copies /Sub United States Postmaster 18.00 6194 03/26/2009 Liquid Waste Fund MultiMed/Blueprints /Copies /Sub United States Postmaster 162.00 Check Total: 180.00 6195 03/26/2009 Liquid Waste Fund Sewer Lateral Program #186 Richard Lehn 647.50 Check Total: 647.50 AP - Checks for Approval ( 04/01/2009 - 9:34 AM) Page 10 Check Number Check Date Fund Name Account Name Vendor Name Amount 6196 03/26/2009 Facilities Revolving Fund District Yard Robert Thorton Architects, Inc 84.86 Check Total: 84.86 6197 03/26/2009 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 310.22 6197 03/26/2009 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 1,063.75 6197 03/26/2009 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 197.40 6197 03/26/2009 Liquid Waste Fund Sewer Maint- Electric Pumps Southern California Edison 325.27 6197 03/26/2009 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 79.79 6197 03/26/2009 Liquid Waste Fund Sewer Maint- Electric Pumps Southern California Edison 35.82 6197 03/26/2009 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 58.50 6197 03/26/2009 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 428.66 6197 03/26/2009 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 457.55 6197 03/26/2009 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 1,138.93 6197 03/26/2009 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 69.61 6197 03/26/2009 Liquid Waste Fund Sewer Maint- Electric Pumps Southern California Edison 83.27 6197 03/26/2009 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 109.25 6197 03/26/2009 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 40.74 6197 03/26/2009 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 287.27 6197 03/26/2009 Liquid Waste Fund Sewer Maint- Electric Pumps Southern California Edison 421.25 6197 03/26/2009 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 1,034.33 6197 03/26/2009 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 80.26 6197 03/26/2009 Liquid Waste Fund Sewer Maint - Electric Pumps Southern California Edison 347.74 Check Total: 6,569.61 6198 03/26/2009 Solid Waste Fund Workers' Compensation Spec Dist Risk Mgt Authority 384.00 6198 03/26/2009 Liquid Waste Fund Swr Maint - Workers Comp Spec Dist Risk Mgt Authority 2,726.40 6198 03/26/2009 Liquid Waste Fund Workers' Compensation Spec Dist Risk Mgt Authority 729.60 Check Total: 3,840.00 6199 03/26/2009 Solid Waste Fund Sharps Program Stericycle 203.54 6199 03/26/2009 Solid Waste Fund Sharps Program Stericycle 195.18 6199 03/26/2009 Solid Waste Fund Sharps Program Stericycle 145.99 6199 03/26/2009 Solid Waste Fund Sharps Program Stericycle 125.39 Check Total: 670.10 6200 03/26/2009 Solid Waste Fund Building Maintenance Trimco Landscape 19.90 6200 03/26/2009 Liquid Waste Fund Building Maintenance Trimco Landscape 179.10 Check Total: 199.00 AP - Ch&or Approval ( 04/01/2009 - 9:34 AM) Page 11 Check Aer Check Date Fund Name Account Name Vendor Name Amount 6201 03/26/2009 Liquid Waste Fund Deferred Compensation - 457 VantagePoint Transfer Agents 305.00 Check Total: 305.00 6202 03/26/2009 Liquid Waste Fund Deferred Medical -RHS- Employee VantagePoint Transfer Agents 278.30 6202 03/26/2009 Liquid Waste Fund Deferred Medical -RHS- Employee VantagePoint Transfer Agents 208.77 6202 03/26/2009 Liquid Waste Fund Deferred Medical- RHS - Employee VantagePoint Transfer Agents 69.53 Check Total: 556.60 Report Total: 525,326.76 AP - Checks for Approval ( 04/01/2009 - 9:34 AM) Page 12 0 W &-.7/- � Aw 2 =7 w z w fo_r OIM ooj�s n. CCA94OF4 LOCAl-100 t A17MIVE1% TUCAO-EW&OSE ur 77 OTHER ra D m z m . C-an be used fix qk, . we pm as v#np as %A IOTPO and or tare. n. en, --I L "I i;p N Te fl. CaksAsA iou V_- ri$ss at 0 Ever PW mile Ln 3 daY3 alkwida nx:*, at 221.00 mr day 4. KA asting CL Totig - $ 0 LL 3igrw7kant pokft kgtrrmd of bmeM to the Dbbiot and its Ri Location- ratepeyem PM reports an nw*brgs aMefld@d al pubft 9MXNM at the next ri.; fegufm 00ord meeting.- (OW*tfom Caft, Section 3nl03*-) _4- - - -1 ch 7 1 31 L Q� f'J Q c ti X W LL 4 z iU Lo l W W J a E a CTI N m i N N Lt I cl (go' w-e u 'apon radio) „ tuipow pi" mqn6ar wou ea w fit® oeqrfd R papoom WfiA uo sodas o t ini pus x44sla eq; a3 ;o pouLmM 2W t'm=rjfit5 'UAW 6u�eeyq "y t ;'�1 Riaocl s�d1 AW jd W leZ S i° aoueWate SA9P s #NWd � 'O = d1fUJ J8[f § (R S9t111 r7 ' L '2IW se QUO 0"1 'D!M 4E Mack SF Enna aI?x L1 laj O4rcn an lire r u, n .�5 v.) Uo 7 cn -+ l :D m m m v N ILI Ida= ~ 11 �~. SWUM- __ AMA r u, n .�5 v.) Uo 7 cn -+ l :D m m m v N Costa Mesa Sanitary District 0- Expense Reimburse t Form for Directors Name: 1. Attach all receipts. DATE OF EVENT PURPOSE OR OCCASION LOCATION TRAVEL' MEAL EXPENSE OTHER ` b o°) O c- 1) 161 Cis 3120 a-1 UX 8 R-2 can . >u s3> — �7)7-3 011 C-Qv C,,J_7,c_, _ t; L R r co �es� Q ��, IJ G-� Q,� n Cs-� 6--jk �4 d ,.� S e Rk A Lzm 3 b ncj �1 w At Cla�y-ac c "k 'Can be used for private auto as well as taxi, limo and air fare. 11. Calculation 1. miles at 55.0 cents per mile (Current Rate) 2. Total meals 3. CD days attendance at $ 221.00 per day (per Board pollcy) 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. Ill 109) t -3Z CP ," Total = $ l Significant points learned of benefit, to the District and its 1 ratepayers: (�1 j �s meta« �U u ot- �. C- wa y fUo VS Co a.c W w,t e, Cc'( u Ukco? Gz C"10 -� Director Signature: Costa Mesa nitary District Expense Reimbursnt Form for Directors Name: Gary Monahan I. Attach all receipts. DATE OF EVENT PURPOSE OR OCCASION LOCATION TRAVEL* MEAL EXPENSE OTHER 3/3/09 Meeting w /Strategic Planning Facilitator CMSD Board Room 3/9/09 Telephone Book Award Presentation St. Joachim School 3/11/09 Sewer System Committee Meeting CMSD Board Room 3/20/09 Regular CMSD Board Meeting CMSD Board Room 3/23/09 Recycling Committee Meeting CMSD Board Room `Gan be used for private auto as well as taxi, limo and air tare. Il. Calculation 1. miles at 55.0 cents per mile (Current Rate) 2. Total meals 3. 5 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) Total = $ 1,105.00 Significant points learned of benefit to the District and its ratepayers: (rev, 1109' Director Signature: = 1.105.00 Total = $ 1,105.00 Significant points learned of benefit to the District and its ratepayers: (rev, 1109' Director Signature: Costa MesalWitary District Expense Reimburse nt Form for Directors !Jame: f, Attach all receipts. ,-0 - •- �. DATE OF EVENT PURPOSE OR OCCASION LOCATION TRAVEL' MEAL EXPENSE OTHER LU Ccr.y- iZ,,�_ V3 G Z�-,41 /1^.i, Z. rr l- C_0 'Can be used for private auto as well as taxi, limo and air fare. 11. Calculation 1. miles at 58.5 cents per mile (Current mate) 2. Total rneals 3. T days attendance at $ 221.00 per day (per Board policy) 4. Meeting S. 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 Corte, Section 3.01,035) Total= S .-U4 Significant pornts learned of benefit to the District and its ratepayers: D (rep. m m cl- V CD CD M CD 0 rd m CL ,:L Costa Mesa SMary.Dietrict Expense Reimburserrilft Form for Directors m Name; _ a a 11. Attach all receipts. �3 M . 00 N 0 0 V J A t -.A DAVE OF EVENT PURPOSE OA OCCASION LOCATION TRAVEV MEAL EXPENSE 07MER `3 r 3- E Lo 11on: - e i All - coetk- RestwTa. - o+ reports on meetings attended at public expense at the next `, Perms regular Board meeting." (Operations Code, Section 3.01.095) N G CV G C,,4 L 3-7b •0q CPVr . II*Z WLin"J MTE 3 - H -o ,SEwAl2 i j-q "4�/ T 'Can be used for private auto as well as taxi, Ilmo and air fare. Fl. Calculation I . miles at 55.0 cents per mile (CurnwiRam 2. Total meals 31 days attendance at $ 221.00 per day iDsr d aolir,�r1 4. Meeting 5. Other C Tt Conference/Event: FD LL E Lo 11on: M Per Ordinance No. 55, "Board members shall provide brief o+ reports on meetings attended at public expense at the next `, regular Board meeting." (Operations Code, Section 3.01.095) N G CV G C,,4 L Q Total = $%.�(�,® Significant points learnad of benefit to the District and its ratepgyera f!_ director Signature`._ �^� u r- 0 Costa Mesa Sanitary District Expense Reimbursement Form for Directors f �1 z�� Name. m -- i CL 1. Attach ail receipts. r� d Ll� ~ C Z5 n. 0 DATE OF EVENT PURPOSE OA OCCASION LOCATION TnAVIFV MEAL EXPENSE OTHen `3 r3 -bq =L l ra t geA)r zvnc — - i nla ^ .2ffz !,y VA L11 n - L'rar�r� P,?es y1S-0 iv -27-- 0 l7 00- 01, iii 4 L' NGrt�Cf T_s 'Can be) used for private auto as well as taxi, lima and air fare. H. Calculation n 1. ___ 36 __, milos at 55.0 cents per mile o (Curren) Hate) 2. Total meals L L¢¢' 3. days attendance at $_221 CO per day Cfi (per sowd policy) 4. Meeting cr 5. Other 4 6� Conference/Event: D Location: m Per Ordinance No. 53, "Board members shall provide brief z reports on meetings attended at public expense at the next regular Board meeting." (Operations Cods, Section 3.01.035) D N n n_ r $� 0 Total = $ -It, -5d -� Significant points learned of benefit to the District and its ratepayers: Director Signature: • m o_ rr� m Ln fn rn N r N V m m N Iv m tZ ,Y C. • ESTIMATE OF OVERALL CONSTRUCTION PHASE COSTS 4/15/2009 1 of1 District Yard Office Area Estimated Cost Furniture: (Sewer Maintenance Supervisor /Inspector /Emergency Office) Work Stations, Chairs, Tables (3) File Cabinets 3) Guest Chairs (4) Bookcases (2) ( - _ - -- - - - - -- -j Conference Table (1) /Chairs (6) -- _ ___ Kitchen Table/ Chairs (4) $ 30,000.00 _ - jOffice _ Wastebaskets (4) $ 40.00 _ Office Equipment: -- - -- _ - -' -. - SCADAIarm System Software - Microsoft Office Cabinet Rack for SC_ADAlarm /Server - -- - - -_ -_ -- Backup System _ Computers (3) and Printers (2) $ 90,000.00 _ _- _- _ T� Copiers (1) $ 8,000.00 Fax Machine (1) $ 300.00 _ _ Shredder (2) $ 500.00 Phone System (4) $ 3,700.00 File Cabinets (3) $ 2,700.00 - Fire Extinguishers (included in bid) - Kitchen: Coffeemaker $ 70.00 _ Wastebasket (1) $ 35.00 Refrigerator /Microwave (included in bid) Warehouse Area 40 Cubic yard storage container $ 5,000.00 Forklift propane _ $ 10,000.00 Fire Lockers (2) _ - -- I- $ 2,454.00 Air Compressor - _ - - - ---- - - - -- - - - - - -- Spill Containment platforms $ 700.00 - - - - -- - - - - -- - - -- ---------.--..- Drum Trucks/Cradles - -- $ 256.00 Aerial Imaging ------ - - - -- - - - - - -- Pallet Truck $ 1,654.48 530,00 -L Hoist Installation $ 10,000.00 Outside Picnic Bench - $ 1,000.00 Eyewash Station - -- - - - - -- -- -- -- $ - - 500.00 Medical Kit - --- - - - -_- - - - -- -- -- - $ 200.00 _ - -� Material Data Safety Sheet Set -Up -_ -- _ - _ - -� $ 300.00 Clock . $ 40.00 Racking /Bin Cabinets $ 6,598.00 Tool Storage Cabinet $ 600.00 Shop Welder - ----- - - - - -- -- — - - -- $ 2,500.00 --- - - - - -- -- ... - - -- Plasma Cutter - $ 2,000.00 Torch Set f $ 1,000.00 _ _ _ Belt Sander _ $_ 1,100.00 _ _ _ _ _ Wet/Dry Vacuum /Office Vacuum j $ 952.00 Bed Blaster $ 1,500.00 _ Scotsman Ice Machine $ 3,000.00 Building Construction Enovity $ 29,465.00 _ _ _ _ Construction Contractor _ $ 2,073,800.00 Architect - -- - - - - -- - -- - -- -- - - - -- - _ -- - - -- �_. -1 $ 125,000.00 j Engineer j $ 27,500.00 - - - -- -- -- -- - - -- -- Legal - -- - - -- ---- - - - - -- - -- - - -- - - -----------___.. - - - - -- -_ - - - -- C$ 5,000.00 MCWD Capacity Charges $ 13,417.00 OCSD Charges _ � $ 2,463,411.48 1 of1 COSTA MESA SAN]-TA-9Zy Di SqRICT Memorandum To: Board of Directors ... an Independent Specia(District From: Sherry Kallab, Management Analyst �0 Date: April 9, 2009 Subject: Grant Update Per Kathy, State Water Resource Control Board (SWRCB), $140 million of the stimulus funds the SWRCB received are designated for grant purposes. $70 million of the $140 million must fund projects for disadvantaged communities. The remaining $70 million is expected to be distributed to projects previously committed but not funded due to lack of available funds. The only chance the District has of receiving grant funds is if disadvantaged communities are not able to come up with projects for their portion of funds. Kathy predicts a very small chance of that happening and it would not be known until near the end of the year. Christopher Stevens, SWRCB, called on April 16, 2009 and stated.he is placing the District Yard project on the intended use plan (IUP) list. Mr. Stevens recommended the District consider the zero interest rate loan option since the chances of receiving grant funds are minimal. Mr. Stevens also answered the question regarding bid award. The bid can be awarded, but approval for funding could take approximately three months. Any construction costs paid before the project is approved will not be included in any SWRCB funding. • • • SEWER SYSTEM COMMITTEE AGENDA April 21, 2009,10:30 a.m. Costa Mesa Sanitary District 628 W. 19th Street Costa Mesa, California Directors Monahan, Ooten and Ferryman I. Monthly Spill Statistics II. NMUSD - Sewer Easement Near Velasco Lane (Sonora School) 111. CMSD Line Cleaning After CCTV Project Completion — Interim NPSI Agreement IV. Infiltration & Inflow (UI) A. Walnut and Irvine — Sancon Proposal — Bid Update B. Coolidge Avenue Sewer C. Liaison Committee Meeting 4/10/09 V. Uniform Construction Cost Accounting Act Bidding (Pump Stations, Manhole Rehab, offsets) VI. 'CUT OUT THE FAT' Residential Education Information — EEC VII. Clearinghouse Location for Educational Materials - SARBS VIII. OCHCA Inspections — EEC — 4-2 -09 IX. Transfer of Sewer Lines from OCSD to CMSD A. IKEA Cosmic UV Quick Seal Short Liner — 4 -8 -09 B. IKEA— LA Times —South Coast Drive & Susan St -Sinkhole X. District Yard - Contractor Selection Process/Schedule xi. Canyon & Harbor Pumping Station Repairs XII. CMSD Projects; A. Project #129 — Bristol Street Sewer; Update on Design Phase B. Project #164 — Miscellaneous Sewer Work C. Project #168 — Irvine Pumping Station Relocation — Update on Damage to Adjoining Property D. Project #170 — Prepare Emergency Response Plans for Pumping Stations E. Project #171 — Irvine Pumping Station Force Main Rehabilitation F. Project #175 — OCSD Grant — Televising CMSD Sewer Lines — 03/09 Completion; 3 -31 -09 Status = 100.00% (1,129,420LF); G. Project #183 — System -Wide Sewer Repair — New Project on Bristol Street H. Project #186 — Sewer Lateral Assistance Program — Update I. Project #187 — District Yard Update — LEED Gold Standard — Savings -By- Design $2,902 ( +$713) XIII. Other - Video Update — Liquid Waste Module XIV. Revisit SSC Meeting Schedule; May, June, etc. XV. Public Comments Dated: April 9, 2009 Clerk of the District Pagle SEWER LATERAL AND CLEAN OUT FINIAL ASSISTANCE PROGRAM - CMSD #186 2008 -2009 Fiscal Year Lopdated: 04/09/09 Work Performed: 1 2184 Rural Place Gary Monahan 9/548 -0099 6/10/2008 Completed T, C, CO, V $ 375.00 7/31/2008 2 923 Cedar Place Terri Gist - Queener 9/646 -4048 6/26/2008 Completed C, RC, CO, SP $ 1,800.00 7/15/2008 3 929 Cedar Place Terri Gist - Queener 9/646 -4048 7/3/2008 Completed C, SR $ 387.50 7/15/2008 4 3036 Garfield Avenue Ran Malouf 909 - 374 -8640 7/3/2008 Completed T, CO, V, SR $ 1,325.00 7/31/2008 5 2379/2381 Elden Avenue Elden Street Partners LP 9/230 -5426 7/8/2008 Completed T, C, RC, V $ 830.00 7/31/2008 6 1035 Presidio Drive Kamal Pepic 7/957 -2983 7/8/2008 Completed T, C, V $ 326.42 7/31/2008 257 E. 16th Place John Steed 9/697 -5652 7/14/2008 In Progress 3144 Sicily Avenue Christopher Oeding 7/751 -2008 7/16/2008 In Progress 20232 Spruce Avenue lBrad Larkins 19/244 -3465 17/21/2008 (Completed IT, C, CO, V $ 1,750.00 3/12/2009 341 Cherry Tree Ln. Brien Bohier 7/349 -2960 7/23/2008 In Progress 2170 Pacific Avenue A,B,C David D. Coe 9/548 -5131 7/23/2008 lCompleted IT, C, RC, CO, V $ 1,800.00 8/28/2008 7 8 9 10 11 12 327 E. 21 st Street Leslie Marler 7/545 -0442 7/28/2008 lCompleted IT, C, RC, CO, V, SR $ 1,800.00 9/25/2008 13 820 Towne Street 974 W. 19th Street 360 Ramona Way IBrad Edwards Alfredo Maciel Jill Johnson 9/874 -9212 9/548 -0600 9/887 -4145 7/28/2008 7/31/2008 7/31/2008 1 Completed In Progress lCompleted IT, CO, V, NL IT, C, RC, V, R 1 $ 1,471.00 $ 1,800.00 11/20/2008 10/22/2008 14 15 16 2229 -2231 Orange Ave. I Brad Allred 7/580 6058 8/4/2008 Com leted IT, RC, V, R $ 1,800.00 8/28/2008 17 2905 Redwood Avenue 776 Joann Street 1916 Sumba Circle lWayne Distro Allyson Ebert Ferne Young 7/557 -4084 9/945 -8578 7/556 -0049 8/4/2008 8/5/2008 8/6/2008 ICompleted In Progress Completed IT, C, RC, V $ 160.00 IT, C, RC, CO, V $ 690.00 9/11/2008 8/28/2008 18 19 20 2382 Azure, N.B. Joseph Bell 9/852 -9569 8/8/2008 Completed T, C, CO, V, R $ 1,800.00 9/25/2008 21 234 Hanover Drive Richard AI uire 7/549 -1075 8/12/2008 Completed IT, C, RC, V, SR $ 725.73 8/28/2008 2212962 Ceylon Drive Richard Mithoff 7/641 -7002 8/12/2008 Completed IT, C, V, NL $ 1,800.00 9/25/2008 23 300 Cutter Way 2030 Pomona Avenue 2563 Oxford Lane Robert Kaessner Mark Hardt Dave Doyle 9/294 -5663 7/654 -4270 7/319 -2522 8/14/2008 8/18/2008 8/18/2008 Completed IT, C, RC, CO, SR In Progress Completed IT, RC, CO, V, SR $ 1,800.00 $ 1,251.00 10/22/2008 9/25/2008 24 25 26 3148 Sumatra Place Brian Leung 7/754 -1133 8/19/2008 Completed T, C, RC, CO, V $ 1,471.50 10/22/2008 27 979 Congress Street Margarita Garcia 9/548 -7805 8/21/2008 Completed T, C, RC, CO, V $ 1,075.00 10/9/2008 28 804 Congress Wes Courvoisier 9/646 -1832 8/25/2008 Completed T, C, RC, CO, V $ 800.00 9/11/2008 29 2291 Elden Avenue Debbe Haug 9/200 -9916 338 Cherry Tree Lane N.B. Jeff Tanner 7/308 -8114 1721 Paloma Dr., N.B. lBruce Gray 9/294 -0534 8/27/2008 Completed 8/28/2008 In Progress 9/2/2008 ICompleted T, C, CO, V, R $ 1,800.00 9/11/2008 IT, C, V $ 352.00 1 9/11/2008 30 31 32 447 Elmhurst Lane Cara Carlton 9/350 -7178 9/3/2008 Com feted T, CO, V $ 1,400.00 1 12/18/2008 33 1956 Pomona Ave 664 Surf Avenue 3097 Yukon Avenue 352 Princeton Drive David Bartholomew Kate Medina George Berg Barbara Davia 9/510 -4462 9/8/2008 9/642 -0782 9/8/2008 7/557 -7785 9/10/2008 7/751 -7472 9/15/2008 ICompleted IT, CO, V, NL In Progress In Progress Completed T, C, RC, CO, V, SR $ 1,048.35 $ 1,507.74 10/9/2008 1/15/2009 34 35 36 37 443 Elmhurst Lane Jeff rey Gray 7/608 -0404 9/16/2008 Completed T, C, CO, V $ 1,250.00 9/25/2008 38 236 Walnut Street Lori Connolly 9/646 -3577 9/17/2008 Completed T, C, RC, V, SR $ 925.00 10/9/2008 39 1723 Samar Drive Lloyd Bennett 7/979 -6906 9/17/2008 Completed T, RC, CO, V $ 525.00 10/22/2008 40 2227 Holly Lane 150 Rochester 2070 Federal Street 2725 Gannet Drive Brian Weiss John Steed John Uffelman James Bo osian 9/933 -7011 9/697 -5652 9/650 -7949 310 - 463 -3593 9/18/2008 9/24/2008 9/28/2008 10/7/2008 Completed In Progress In Progress ICompleted T, CO, V, NL $ 1,800.00 10/22/2008 IT, V, NL $ 1,475.00 11/20/2008 41 42 43 44 1929 Federal Street David Martinez 9/642 -8506 10/13/2008 ICompleted IT, C, RC, CO, V, R $ 1,800.00 10/22/2008 2245 Heather Lane - N.B. David Fletcher 9/433 -8433 10/13/2008 In Progress * (T) Televised, (C Cleaning, RC Root Cuttin CO Clean out Installed, (V ) Video Provided to CMSD, (R) Rehab, (SR) Spot Repair, (NQ New Lateral 45 Page 2 SEWER LATERAL AND CLEAN OUT FINANCIAL ASSISTANCE PROGRAM - CMSD #186 Last Updated: 2008 -2009 Fiscal Year 04/09/09 Work Performed: 46 291 Esther Street Deanna Rankin 9/422 -4776 10/14/2008 Completed T, RC, V, R $ 462.50 10/22/2008 47 2803 Portola Drive Robert Goldin 7/641 -9210 10/17/2008 Completed T, CO, V $ 187.65 11/20/2008 48 20431 Cypress St., S.A.H. James Candelmo 9/370 -8699 10/21/2008 Completed T, RC, CO, V $ 1,800.00 10/23/2008 49 2002 Baltra Place Stanley Rodriquez 7/557 -5170 10/20/2008 Completed T, C, CO, SR $ 852.50 11/6/2008 50 1662 Iowa Street 20121 Orchid Street 20382 Cypress St., N.B. Col ate Drive Stephen Foster Chris Jenkins Mike Moinfar Roberrt Ashton 7/662 -0858 7/345 -9371 619/572 -6561 7/850 -0211 10/21/2008 10/21/2008 10/21/2008 10/22/2008 Completed In Progress In Progress ICompleted T, RC, CO, V. R, NL IT, C, RC, V $ 1,800.00 $ 484.19 11/6/2008 11/20/2008 51 52 5312317 54 368 Genoa Lane Heinz Borisch 9/650 -6063 10/23/2008 ICompleted IT, C, SR $ 600.00 3232 Clay Street Jack Bailey 7/968 -5518 10/28/2008 In Progress 271 Lilac Lane jGina Shafonsky 19/212 -1588 110/28/2008 ICompleted IT, C, RC, CO, V $ 1,623.86 180 E. 19th Street John Snedegar 9/500 -1220 10/30/2008 Waiting for review, video & recpts. 2812 Europa Roger Ransom 9/632 -0943 10/30/2008 lCompleted T, V $ 156.69 11/6/2008 11/20/2008 11/6/2008 55 56 57 58 59 1065 Tulare Drive IJames Herrin 7/549 -7903 11/3/2008 lCompleted T, C, CO, V, R $ 1,800.00 11/20/2008 60 443 Flower Street I Barbara Beck 9/548 -6393 11/3/2008 1 Completed T, C, CO, V, R $ 1,800.00 11/20/2008 61 2384 Cornell Drive 2234 Orange Avenue 964 W. 19th Street IJean Femling James Thomas Suzi Wexler - Agent 7/549 -2493 9/646 -0459 7/915 -1899 11/4/2008 1116/2008 11/10/2008 ICompleted In Progress ICompleted IT, C, CO, V IT, CO, V, NL $ 1,162.50 $ 1,800.00 12/4/2008 12/4/2008 62 63 64 287 Cabrillo St. tri- plex Richard or David Kalish 818/957-0050 11/10/2008 ICompleted IT, V, NL $ 1,173.00 1/29/2009 65 283 Flower Street John Hoffman 9/645 -7323 11 1/12/2008 ICompleted IT, C, V, R $ 1,800.00 12/18/2008 66 282 Knox Hal Schlegel 1992 Orange Avenue Thomas Fox 539 Hamilton Street Margo Sanchez 2301 Anniversary Lane Jill Lindsay 3166 Barbados Place Sherry Eaton 7/283 -1414 11/12/2008 9/200 -7401 11/17/2008 7/381 -8884 11/19/2008 7/269 -1234 11/20/2008 7/437 -7365 11/25/2008 ICompleted IT, C, RC, CO, V, R $ 1,800.00 In Progress In Progress In Progress Com feted IT, C, RC, CO, V $ 1,344.88 12/4/2008 1/15/2009 67 68 69 70 71 900 Joann Street 925 Paularino Ave. 2649 Orange Ave. 110 Lexington Lane 340 Villa Nova Road ITim Sandefer Julie Thomas Nick Amoroso Georgia Fox Alfredo Juan 9/548 -0503 7/540 -1781 7/840 -1700 7/878 -6309 9/278 -1110 11/25/2008 12/8/2008 12/11/2008 12/10/2008 12/11/2008 1 Completed In Progress lCompleted In Progress 1 Completed IT, C, RC, V, R IT, C, V, NL IT, C, RC, V $ 1,800.00 $ 1,800.00 $ 507.50 1/29/2009 1/6/2009 1/6/2009 72 73 74 75 76 1610 Baker Street IJeff Urbaniec 7/540 -0353 12/12/2008 ICompleted IT, C, CO, V $ 1,141.50 1/6/2009 2087 Balmoral PI. Antoinette Winders 9/646 -9171 12/16/2008 In Progress 1135 Aviemore Terrace I C.B. Nanda 17/920 -8810 112/18/2008 iCompleted IT, C, RC $ 256.25 1/6/2009 1201 McCormack Lane Susan Hayworth 341 - 660 -7262 12/22/2008 In Progress 1910, 12, 14 Fullerton Ave. Marilyn Alexander 9/675 -7009 12/22/2008 In Progress 920 Cedar Place Ijeannette Bond 19/632 -6371 12/23/2008 ICompleted IT, RC, CO, V, NL $ 1,800.00 1/15/2009 1661 Oahu Place Doug Stewart 7/393 -0345 12/29/2008 In Progress Waterman Way Ja Adler 9/645 -7468 12/30/2008 Com feted T, C, CO, V $ 1,750.00 1/29/2009 77 78 79 80 81 82 8312290 84 341 Bordeaux Lane - Deboah Patterson 7/655 -3963 12/30/2008 1 Completed IT, C, CO, V $ 1,171.38 1/29/2009 85 2728 San Juan Lane IJames Doody 7/504 -0420 12/31/2008 lCompleted IT, C, RC, V $ 422.50 1/29/2009 2126 Westminster Ave. Frank Krieg 9/200 -9038 1/6/2009 In Progress 1976 Fullerton Ave. Bruce McAllister 909/730- 12381/7/2009 1Completed IT, C, RC, V, NL $ 1,800.00 1/29/2009 3141 Bray Lane Angela O'Connor 9/350 -7681 1/8/2009 In Progress 508 Orange Ave. Randy Strodel 19/645 -4820 11/8/2009 iCompleted IT, C, CO, V $ 1,800.00 See Teresa 2749 Gannet Drive Frank Grafton 7/444 -1325 1/8/2009 In Progress Televls d, C) Cleaning, (RC) Root Cutting, (CO) Clean out Installed, Video Provided to CMSD, R) Rehab, (SR) Spot Repair, (NL) New Lateral 86 87 88 89 90 i . lb Pago SEWER LATERAL AND CLEAN OUT FINIAL ASSISTANCE PROGRAM - CMSD #186 2008 -2009 Fiscal Year Lopdated: 04/09/09 Work Performed: 91 136 Monte Vista Carrol Kennedy 7/342 -6383 1/12/2009 T, RC, CO, V, NL $ 1,800.00 2/12/2009 92 545 W. Hamilton Richard Cardenas 9/233 -2874 _Completed 1/13/2009 Completed T, C, CO, V, R $ 1,800.00 2/12/2009 93 1965 Tustin Don Hunt 9/548 -9519 1/16/2009 Completed T, C, RC, V, R $ 1,800.00 1/29/2009 94 2449 Napoli Way John Francis 9/271 -5121 1/20/2009 Completed T, C, CO, V $ 1,171.00 2/12/2009 95 2862 Stromboli Road 1824 1/2 Viola Place 3018 Samoa 970 Governor Joan Thomas (Rebel Ely) Lee Naqvi Robin Leffler Robin Leffler 917/617 -6995 9/642 -1793 7/546 -1452 7/546 -1452 112012009 1/21/2009 1/21/2009 1/21/2009 lCompleted Completed In Progress In Progress IT, T, CO, V, NL RC, V $ 1,800.00 $ 276.25 2/12/2009 3/12/2009 96 97 98 99 371 W. Wilson Predrag Vasiljevic 9/874 -6560 1/23/2009 Completed T, C, V, R $ 1,800.00 3/12/2009 700 W. 20th A, B, C David Bartholomew 9/510 -4462 1/26/2009 In Progress 100 101 1185 Dorset Lane Todd Brown 7/556 -0703 1/27/2009 In Progress - T.I. 102 2010 Baltra Place Annamaria Kovacs 7/957 -1376 1/28/2009 In Progress 1790 Crestmont Place !John Foreman 19/631 -4578 11/28/2009 (Completed IT, C, V, R $ 1,800.00 See Teresa 3483 Santa Clara Circle Javier Orozco 7/481 -0072 2/1/2009 In Progress 103 104 105 661 Cove Street Rick Nasca 9/631 -1449 2/3/2009 In Progress 106 2321 Holly Lane IJames Le ak- Contractor 7/715 -5744 2/312009 ICompleted IT, V, NL $ 1,800.00 See Teresa 107 20352 S.W. Cypress Richard Lehn 9/706 -3034 2/5/2009 ICompleted IT, RC, CO, V, SR 1 $ 647.50 See Teresa 108 654 W. 18th Street, Unit A Shawn Chang 626/395 -0600 2/9/2009 In Progress 109 3254 Washington Avenue Scott Terpstra 9/294 -0761 2/17/2009 In Progress 110 1841 Orange Avenue I Fred Revely 7/596 -5395 12/18/2009 ICompleted IT, C, CO, V I $ 1,009.00 See Teresa 111 344 E. 16th Street Eric Beach 9/300 -3342 2/26/2009 In Progress 112 379 Santa Isabel IKen & Christine Ryder 17/384 -4311 12/26/2009 ICompleted IT, V, NL $ 1,179.66 3/12/2009 113 2846 Tabago Place Bob Ooten 7/338 -9896 3/2/2009 In Progress 114 269 20th Street ILisa Stanton 9/650 -7447 3/3/2009 lCompleted IT, C, V, R, NL $ 1,800.00 See Teresa 115 1386 Galway Lane Mary Humphrey 7/557 -1656 3/3/2009 ICompleted IT, CO, V, R, SP $ 1,800.00 See Teresa 116 380 University Michael Steiner 9/642 -9666 3/6/2009 In Progress 117 870 Congress Noemy Serpas 9/910 -0888 3/10/2009 In Progress 118 1935 Anaheim Street Patricia Foster 9/642 -3322 3/10/2009 In Progress 119 2437 Orange Ave. Skip Spengler 19/225 -6268 ,3/18/2009 (Completed IT, V, R $ 1,800.00 See Teresa 120 2508 Holly Lane Steven Melillo 7/357 -6998 3/23/2009 In Progress - T.I. 121 1003 Oak Street David Harrison 9/631 -1448 3/24/2009 ICompleted IT, V $ 137.00 See Teresa 122 2033 Balearic Drive Ronald Hackleman 9/212 -9334 3/24/2009 Com feted RC, CO, SR $ 937.50 See Teresa 123 202 - A Monte Vista Lane I Doris Lee 7/557 -2691 3/24/2009 ICompleted ICO, SR $ 1,800.00 See Teresa 124 2011 Paloma Drive Telford Cotton 9/645 -1878 3/24/2009 In Progress 125 3157 Bray Lane Nadine Sturdy 7/751 -3934 3/25/2009 In Progress 126 2200 Windward Lane Rosalind Hanaway 19/650 -1094 13/30/2009 ICompleted IT, CO, V, NL $ 1,800.00 See Teresa 127 999 Mission Drive Roy Rogers 7/593 -6110 3/30/2009 In Progress 128 276 Albert Place Dianne Leathers 9/548 -9797 3/30/2009 In Progress 129 3473 Windsor Court Brenda Fujimoto 7/309-5262 3/31/2009 In Progress 130 1160 Gleneagles Terrace Paul Abels 9/642 -0794 4/3/2009 In Progress 131 432 Hamilton Street Salvador Jiminez 9/500 -1430 4/3/2009 In Progress 132 338 Reims Lane Susan & Neal Leiman 9/642 -3216 4/3/2009 In Progress Lateral Assistance Reimbursements Total: _ _ $102,776.05 Completed (No fill) — 79 In Progress 53 Waiting for Review 0 132 " (T) Televised, (C) Cleaning, (RC) Root Cutting, (CO) Clean out Installed, (V) Video Provided to CMSD, (R) Rehab, (SR) Spot Repair, (NL) New Lateral s Page* SEWER LATERAL AND CLEAN OUT FINIAL ASSISTANCE PROGRAM - CMSD #186 2007 -2008 Fiscal Year Updated 02/17/09 1 1620 Sandalwood St. lJohn Humphrey 9/27/2007 Completed Work Performed: IT, C, RC, V 1 $ 246.88 2/28/2008 2 398 University Warren Caves 9/721 -1969 10/17/2007 Completed IT, C, RC, V, R 1 $ 1,800.00 12/6/2007 3 363 Ravello Lane I Mona Wamel 9/645 -6964 10/22/2007 Completed IT, C, RC, CO, V, R 1 $ 1,800.00 11/7/2007 452 Swarthmore Lane Ken Martinez 11/9/2007 In Progress 1535 Orange Ave. Matthew Dabney 11/13/2007 In Progress 2074 Monrovia Ave. Jerry Randall 11/14/2007 In Progress - Returned video 1/15 1588 Redlands Place Charles Gleason 11/15/2007 In Progress Federal Ave IJohn Uffelman 9/650 -7949 11/15/2007 Completed IT, C, CO, V, SR I $ 1,577.88 11/20/2008 4 5 6 7 812064 9 3206 Oregon Ave. 724 W. 19th St. 2178 Placentia Ave. Paula Fowler Young Yu/Bobby IThomas Schworer 7/546 -4323 7/906 -9701 7/545 -7983 11/16/2007 Completed 11/19/2007 In Progress 11/26/2007 ICompleted IT&C T, C, CO, V 1 $ 219.50 $ 1,800.00 12/6/2007 1/2/2008 10 11 12 2208 Placentia Ave. Thomas Schworer 7/545 -7983 11/26/2007 Completed T C, RC, V $ 649.38 1/17/2008 13 1034 Valencia St. Thomas Schworer 7/545 -7983 11/26/2007 Completed T, C, RC, V $ 1,258.82 12/20/2007 14 1040 Valencia St. Thomas Schworer 7/545 -7983 11/26/2007 Completed T, C, RC, V $ 886.25 12/20/2007 15 2019 So. Capella Court 1190 Gleneagles Terr. 20111 Riverside Dr. Thomas Schworer Robert Heckrotie Patricia Sanders 7/545 -7983 7/557 -6088 12/26/2007 12/5/2007 12/6/2007 Completed In Progress -Rcv'd video 12/18 Completed T, V C, RC - No video $ 216.36 $ 77.00 1/31/2008 1/17/2008 16 17 18 616 Center Street Andre Ferriera 7/728 -0458 12/6/2007 Completed - Returned videos T, C, V $ 325.00 3/27/2008 19 344 E. 16th Street Eric Beach 9/300 -3342 12/6/2007 Completed T, C, RC, V $ 263.75 1/3/2008 20 2576 Fairway Drive 815 Sonora Road 223 & 223 1/2 Santa Isabel Jeff Butcher Jeffrey Frei Philip Cadenhead 9/422 -1108 12/10/2007 Completed 12/10/2007 In Progress 9/361 -2332 12/11/2007 Completed - 2 laterals T, C, RC, CO, V $ 1,239.00 T, CO, V, R $ 3,600.00 1/17/2008 1/31/2008 21 22 23 2682 Santa Ana Ave. Gary Hill 9/675 -0740 12/11/2007 Completed T, C, RC, V $ 587.50 1/31/2008 24 337 Esther Marlene Heck 9/650 -5050 12/11/2007 Completed T, C, V $ 310.63 2/28/2008 25 243 E. 20th Street Mark Schley 7/366 -6126 12/14/2007 Completed front lateral T, C, RC, CO, V, SR $ 1,800.00 1/31/2008 26 243 E. 20th Street Mark Schley 7/366 -6126 12/14/2007 Completed rear lateral T, C, CO $ 1,175.00 3/12/2008 27 1136 Carson Matt Montoya 7/501 -7258 12/14/2007 Completed T, CO, V, SR $ 975.00 1/17/2008 28 1845 Illinois Street lMarc Mason 7/350 -0914 12/18/2007 lCompleted IT, C, CO, V $ 509.19 1/5/2009 29 684 W. 18th Street I Barbara Griffith 9/230 -0873 12/18/2007 lCompleted IV, R, NL $ 1,800.00 1/17/2008 30 2147 Aster Place 2237 Raleigh Ave. Illinois Street Laurene Keane Dehra Iverson Damontoth Carilio 9/646 -6686 7/437 -1147 12/24/2007 12/26/2007 12/31/2007 ICompleted In Progress Completed IT, CO, R T, V $ 1,800.00 $ 151.77 1/17/2008 1/31/2008 31 32,1849 33 2848 Boa Vista Drive Aram Solomonian 7/546 -5013 12/31/2007 Completed T, C, R $ 1,800.00 1/17/2008 34 403 Walnut Place Kevin Pfeif 9/650 -5897 1/7/2008 Completed T, CO, V, NL $ 1,800.00 1/17/2008 35 324 Esther St. Edward Newland 9/642 -7083 1/7/2008 Completed T, C, V $ 587.50 2/14/2008 36 1858 Boa Vista Circle John Pfaff man 9/548 -9164 1/8/2008 Completed T, C, CO, V $ 550.00 1/31/2008 37 843 Congress St. Diane Tayior 9/548 -7879 1/9/2008 Completed T, C, V $ 1,099.08 1/17/2008 38 1019 Linden Place Charles Weir 9/394 -2715 1/9/2008 Completed T, CO, V, SR $ 1,188.25 3/12/2008 39,526 Traverse Drive Raymond Grissom 7/751 -1046 1/10/2008 Completed T, C, RC, V $ 705.00 2/14/2008 40 1010 Grove Place Jeff Dawkins 7/345 -8471 1/10/2008 Completed T, C, RC, CO, V $ 1,796.81 3/27/2008 41 3020 Ca ri Lane George Matacek 7/546 -5395 1/10/2008 Completed T, C, CO, R $ 1,800.00 1/31/2008 42 839 Congress St. Diana Taytor 9/548 -7879 1/11/2008 Completed T, V $ 175.00 1/17/2008 43 923 W. Wilson Street 379 La Canada Way 1681 Gisler Ave. Diana Taylor Julia Brown Nikolaos Charidas 9/548 -7879 9/395 -3940 7/241 -8829 1/11/2008 1/15/2008 1/16/2008 Completed In Progress Completed T, C, CO, V T, V $ 1,150.00 $ 390.63 1/31/2008 2/14/2008 44 45 46,237 Costa Mesa St. Al Nowocinski 7/968 -2769 1/17/2008 Completed T, V $ 175.00 1/31/2008 47 237 Costa Mesa St. Al Nowocinski 7/968 -2769 1/17/2008 Completed 2nd Reimbursement T, V, NL $ 1,625.00 3/27/2008 48 2857 Europa Drive Dr. Anthony Smart 7/754 -1870 1/22/2008 Completed T, R $ 1,800.00 2/14/2008 49 3050 Madison Ave. Mina Cummins 7/850 -1009 1/22/2008 Completed T, C, RC, CO, V $ 1,800.00 4/24/2008 50 2575 Greenbriar Lane Wend Ellis 7/546 -7069 1/24/2008 Completed T, C, RC, CO, V, SR $ 1,137.50 2/28/2008 51 2227 E. 16th Street Ellie Wray 9/646 -2388 1/24/2008 Completed T, CO, V, R $ 1,800.00 2/14/2008 52 2958 Milbro Street Brian Valles 7/865 -9761 1/24/2008 1 In Progress v VHS back 2/25 IT, C, COV, SR $ 1,800.00 6/19/2008 5312298 La Linda Ct. Amy Peters 9/400 -3363 1/24/2008 iCompleted IT, CO V SR I $ 1,197.50 2/28/2008 Page 2 SEWER LATERAL AND CLEAN OUT FINANCIAL ASSISTANCE PROGRAM - CMSD #186 Last Updated 2007 -2008 Fiscal Year 02/17/09 54 2407 Margaret - N.B. Steve Hufford 9/548 -5380 1/30/2008 In Progress 234 Santa Isabel I Kris Mungo 19/673 -9054 1/31/2008 (Completed IT, CO, V, R 1 $ 1,800.00 2/28/2008 2804 Boa Vista Michael Odell 7/751 -2001 2/4/2008 In Progress 731 Shalimar Drive Susan Hubbard 9/275 -5152 2/4/2008 Gave video back - 2/13 T, C, R, CO, V $ 912.50 2/14/2008 55 56 57 58 837 Saint Clair Milton Sellers 7/544 -7365 2/5/2008 Completed T, V $ 1,800.00 3/12/2008 59 3285 Minnesota Ave. Clint Knox 7/556 -8112 2/6/2008 Completed T, CO, V, SR $ 1,800.00 2/14/2008 60 289 Rose Lane Lynn Newton 9/673 -6204 2/6/2008 Completed T, R $ 1,800.00 2/28/2008 61 2001 Kornat Drive Eileen Monta na 7/540 -3601 2/6/2008 Completed T, C, CO, SR $ 974.08 2/28/2008 62 2193 & 2195 Orange 2833 Francis Lane 358 Ralcam Place Dana Laine Chris Boxer Maria Herrera 7/557 -9632 909/2088914 915480923 2/8/2008 2/11/2008 2/11/2008 Completed In Progress Completed T, C, CO, V T, C, RC, V $ 702.50 $ 611.34 2/28/2008 2/28/2008 63 64 65 2172 Pacific Avenue William Gilbert 9/6457090 2/11/2008 Completed T, C, RC, V $ 776.25 3/12/2008 66 329 Cabrillo St. #D Edmond Lishka 9/548 -2765 2/11/2008 Completed T, C, V $ 190.00 2/28/2008 6711641 Labrador Drive Sandra Rios 7/345 -2101 2/11/2008 Completed T, C, RC, CO, V $ 1,464.98 3/12/2008 68 879 Governor Doris Lynott 9/646 -5483 2/13/2008 Completed T, V, R $ 1,800.00 3/12/2008 69 328 Alva Lane Dave Griscom 9/646 -8791 2/14/2008 Completed T, C, CO, V, R $ 1,800.00 3/12/2008 70 1023 Linden Place Doris Muhonen 9/548 -8804 2/14/2008 Completed T, CO, V, SR $ 1,063.50 3/12/2008 71 964 Lansing Lane Michael Moroso 7/540 -0826 2/19/2008 Completed T, CO, $ 950.00 2/28/2008 72 1796 Pitcairn Douglas Storlee 9515322922 2/19/2008 Completed T, C, CO, V, SR $ 975.00 2/28/2008 73 2199 & 2197 Orange Ave. Dana Laine 7/557 -9632 2/19/2008 Completed T, C $ 95.00 3/12/2008 74 2303 Redlands Drive Shizue Hirahara 9/548 -9479 2/20/2008 Com leted T, C, RC, CO, V, R, SR $ 1,800.00 3/12/2008 75 390 La Perle Lane 379 23rd, N.B. 357 O le Street #B Ryan Price Chris McLaughlin Lori Connolly 9/836 -3313 9/355 -2817 9/646 -3577 2/21/2008 2/21/2008 2/21/2008 Completed In Progress Com feted T, V T, CO, V, SR $ 175.00 $ 900.00 3/12/2008 2/28/2008 76 77 78 599 Stur eon Drive Carl Westerlund 7/966 -6650 2/22/2008 Completed IT, C, CO, V, R 1 $ 1,800.00 3/12/2008 79 212 Loyola Road 1421 Shamrock Lane 361 Ogle Edward Brownson Sarah Moreli David Prickett 7/549 -2554 7/957 -1577 9/644 -2071 2/26/2008 3/5/2008 3/6/2008 Completed In Progress - Gv VHS back 3/11 Completed IT, C, RC, CO, V T, C, RC, CO, V 1 $ 1,449.26 $ 924.08 4/24/2008 3/12/2008 80 81 82 225 16th Place Wade Tift 9/514 -0556 3/6/2008 Completed T, C, RC, V $ 462.50 3/12/2008 83 3154 Barbados Place Kevin Collins 7/287 -8580 3/7/2008 Completed T, C, CO, V, R $ 1,800.00 3/27/2008 84 371 La Perle Lane Ernily Tygart 9/646 -8758 3/11/2008 Completed T, V, SR $ 1,800.00 3/27/2008 85 1731 Orchard Drive 2620 Westminster Place 221 Knox Street Davis Stiev 9/278 -1174 Scot Lindsay 9/646 -7625 iJames Westlin 7/396 -2822 3/12/2008 3/17/2008 3/18/2008 Completed In Progress - Est. Reimb. $1800 (Com feted T, V, R T, CO, V, SR $ 1,800.00 $ 1,800.00 3/27/2008 3/27/2008 86 87 88 353 Ramona Way Gerald Ta ami 9/548 -2813 3/18/2008 Completed T, C, RC, CO, V, SR $ 1,800.00 3/27/2008 89 1009 Grove Place Loreen Stro e 7/960 -7447 3/19/2008 Completed T, V $ 200.00 3/27/2008 90 2568 Westminster Ave. Dan DeBassio 7/448 -3825 3/21/2008 Completed T, RC, V, R $ 1,800.00 4/24/2008 91 1872 Monrovia, 135 -8 Fred Bockmiller 9/697 -9712 3/21/2008 Completed Reimbursement #1 T, CO, V, R $ 1,800.00 4/10/2008 92 1872 Monrovia, A5 -8, 131 -4 Fred Bockmiller 9/697 -9712 3/21/2008 Completed T, V, R $ 1,800.00 6/30/2008 93 390 E. 18th Street Scott Harris 9/939 -0733 3/25/2008 Completed T, CO (2), V, SR $ 1,800.00 4/10/2008 94 2736 De Soto Ave. Jennifer Pomeroy 9/910 -7325 3/26/2008 Completed T, C, RC, CO, V $ 1,437.50 4/24/2008 95 255 Albert Place John Hart 9/645 -9127 3/26/2008 Completed T, V, SR $ 1,800.00 5/8/2008 96 2212 Donnie Road Joan Ricketts 9/645 -3984 3/27/2008 Completed - Gv video back 3/31 T, C, RC, V $ 867.00 4/24/2008 97 200 Lillian Place Phil Taormina 9/612 -7053 4/1/2008 In Progress - Gv video back 4/16 T, C, RC, V $ 835.00 6/19/2008 98 215 Rose Lane Kenneth Matheis 9/548 -2629 4/4/2008 Completed T, C, RC, CO, V $ 997.50 4/24/2008 99 2216 Donnie Road 2172 -74 Biscayne Springs 470 Flower Street 209 Pauline Place Robert Johnston Scott Beam Jerry Tucker lAndrew Ter stra 9/631 -3604 9/916 -7611 9/645 -2422 9/735 -7551 4/10/2008 4/10/2008 4/14/2008 4/14/2008 Completed In Progress In Progress - ROB HAS FILE Completed T, C, RC, V IT, V, NL $ 861.50 $ 1,800.00 4/24/2008 7/3/2008 100 101 102 103 125 Flower Street I Bunny Bowers 9/903 -0597 IT, C, RC, CO, V $ 1,800.00 5/8/2008 104 105 106 2219 Avalon Street Ludwig Sorge 695 Center Street GET Development 953 union Avenue Robert Levva 9/903 -5211 4/28/2008 7/466 -0216 5/1/2008 7/323 -5820 5/2/2008 ICompleted In Progress Completed IT, C, RC, CO, V ICO, SR, Pictures $ 1,125.00 5/8/2008 I $ 750.00 6/5/2008 107 3119 Gibraltar Roy Steadman 7/437 -7140 5/2/2008 ICompleted IT, V 1 $ 132.50 /2008 • i • r Pago SEWER LATERAL AND CLEAN OUT FINIAL ASSISTANCE PROGRAM - CMSD #186 2007 -2008 Fiscal Year *Updated 02/17/09 108 3136 Sumatra Place Sandy Whiteside 7/915 -1684 5/8/2008 Completed T C, RC, CO, V, NL $ 1,800.00 See Teresa 109 2175 Pacific Ave - HOA Searid a of CM 9/716 -3998 5/12/2008 Completed T, C, V $ 825.00 1/29/2009 110 303 22nd Street William Tosh 9/646 -2820 5/12/2008 Completed T, C, RC, CO, V, SR $ 1,628.49 5/22/2008 111 281 Rochester Street Jeff Deisner 9/515 -9602 5/15/2008 Completed T, V $ 137.50 6/5/2008 112 1043 W. Wilson -Unit B Michael Stout 7/960 -4513 5/19/2008 Completed T, C, V, SR $ 1,800.00 6/5/2008 113 259 Brentwood Jay Allen 9/228 -3960 5/21/2008 Completed T, C, RC, CO, V, SR $ 1,200.00 6/19/2008 114 2557 Columbia Dr. Philip Mock 7/444 -4689 5/2812008 Completed T, C, V $ 344.30 7/3/2008 115 2285/2289 Santa Ana Ave. David Bartholomew 9/510 -4462 5/29/2008 Completed T, CO, V, NIL $ 1,800.00 10/9/2008 116 1952 Pomona Ave David Bartholomew 9/510 -4462 5/29/2008 Completed T, C, RC, V $ 427.50 7/3/2008 117 3090 Trinity Drive Brigitte Hartman 7/557 -7452 6/4/2008 Completed T, C, CO, V, NL $ 1,800.00 7/3/2008 119 379 E. 23rd. Street Christine McLaughlin 9/230 -4555 6/11/2008 Completed T, C, RC, V $ 687.50 7/3/2008 120 3108 Sumatra Place AshleV Burke 9/643 -5740 6/12/2008 Completed T, C, CO, R $ 1,800.00 7/3/2008 121 2215 Golden Circle N.B. Wayne Hauser 9/645 -9553 6/18/2008 Completed T, C, RC, CO V $ 1,244.00 7/3/2008 Lateral Assistance Reimbursements Total: $ 120,772.46 Completed (No fill) 103 In Progress 18 Waiting for Review 0 T) Televised, C Cleaning, RC Root Cutting, CO Clean out Installed, V Video Provided to CMSD, R Rehab, SR Spot Repair, (NL) New Lateral 6YNL q 60 6V X-f C) 60 7 (57 1. 0&C/k, Drinking Water & Ground Water Kids' Stuff > Water Triva Facts Page 1 of 4 i_J United States n Environmental Protection Agency Drinking Water & Ground Water Kids' Stuff -Recent Additions I Contact Us I Print Version . Search: EPA Home > Water > Ground Water & Drinking Water > Kids' Stuff > Water Er- Trivia Facts o Safewater Home Watep ��'1Vla Facts For Kids & Students Grades K - 3 Grades 4 - 8 1. Water is the only substance found on earth naturally in three forms. Grades 9 - 12 True (Solid, liquid and gas) For Teachers Grades K - 3 2. Does water regulate the earth's temperature'? Grades 4 - 8 Yes (it is a natural insulator) Grades 9 - 12 Games & Activities 3. At what temperature does water freeze? Other Kids' Stuff 32 degrees F, 0 degrees C Kids' Health 4. At what temperature does water vaporize? 212 degrees F, 100 degrees C 5. How long can a person live without food? More than a month How long can a person live without water? Approximately one week, depending upon conditions 6. How much of the human body is water? 66% 7. How much of the earth's surface is water? 80% 8. How much water must a person consume per day to maintain health? 2.5 quarts from all sources (i.e. water, food) 9. Of all the earth's water, how much is ocean or seas? 97% 10. How much of the world's water is frozen and therefore unusable? 2% 11. How much of the earth's water is suitable for drinking water? 1% 12. Is it possible for me to drink water that was part of the dinosaur era? Yes - water is constantly recycled 13. What is the most common substance found on earth? Water file: //C:\Documents and Settings \Bob \My Documents\ DrinkingWater &GroundWaterKids'StuffW... 4/20/2009 Drinking Water & Ground Water Kids' Stuff > Water Triva Facts 14. How much water does the average residence use during a year? Over 100,000 gallons (indoors and outside) 15. How much water does an individual use daily? Over 100 gallons (all uses) 16. What does a person pay for water on a daily basis? National average is 25 cents rage /_ or ,+ 17. How many community public water systems are there in the United States? 54,000 18. How much water do these utilities process daily? 38 billion gallons 19. What does it cost to operate the water systems throughout the country annually? Over $3.5 billion 20. How many miles of pipeline and aqueducts are in the United States and Canada? Approximately one million miles, or enough to circle the earth 40 times 21. What were the first water pipes made from in the US? Fire charred bored logs 22. Where was the first municipal water filtration works opened and when? Paisley, Scotland in 1832 23. Of the nation's community water supplies, what percentage are investor - owned? 15% 24. How many households use private wells for their water supply? More than 13 million 25. How much water is used to flush a toilet? 2 -7 gallons 26. How much water is used in the average five- minute shower? 15 -25 gallons 27. How much water is used on the average for an automatic dishwasher? 9 -12 gallons 28. On the average, how much is used to hand wash dishes? 9 -20 gallons 29. How much does one gallon of water weigh? 8.34 pounds file: / /C:\Documents and Settings \Bob \My Documents\ DrinkingWater &GroundWaterKids'Stuf1W... 4/20/2009 Drinking Water & Ground Water Kids' Stuff > Water Triva Facts 30. What is the weight of water in one cubic foot? 62.4 pounds 31. How much water drops with an inch of rain? One inch of inch of rainfall drops 7,000 gallons 32. How much water does it take to process a quarter pound of hamburger? Approximately one gallon 33. How much water does it take to produce one ton of steel? 62,600 gallons rage J or 4 34. How much water is used to produce a single day's supply of U.S. newsprint? 300 million gallons 35. What is the total amount of water used to manufacture a new car, including new tires? 39,090 gallons per car 36. How much water must a dairy cow drink to produce one gallon of milk? Four gallons 37. How much water is used during the growing /production of a chicken? 400 gallons 38. How much water is used during the growing /production of almonds? 12 gallons 39. How much water is used during the growing /production of french fries? 6 gallons 40. How much water is used during the growing /production of a single orange? 13.8 gallons 41. How much water is used during the growing /production of a watermelon? 100 gallons 42. How much water is used during the growing/production of a loaf of bread? 150 gallons 43. How much water is used during the growing /production of a tomato? 3 gallons 44. How much water is used during the growing /production of rice? 35 gallons 45. How much water us used during the production of an egg? 120 gallons file://C:\Documents and Settings \Bob \My Documents\ DrinkingWater &GroundWaterKids'StuffW... 4/20/2009 • COSTA MESA SANITARY DISTRICT RECYCLING COMMITTEE AGENDA April 20, 2009 11:45 a.m. Costa Mesa Sanitary District 628 W. 19`h Street Costa Mesa, California (Directors Ooten and Perry) I. Recycling Committee Goals for 2009 -2010 II. Orange County Waste & Recycling Sub - Regional Meetings and Grant Program A. May 2, 2009 Community Gardens Composting Presentation at Del Mar Community Garden 12_2 III. CR &R Report on Other Agencies Recycling Programs r- IV. Disposal of Residential Grease in CMSD Trash Collection Program V. Presentations -A-.' Two Plastics Presentations to Paularino Elementary, K -5 held on March 26, 2009 __H' Waste -Free Lunch Day at Christ Lutheran School - April 1 & April 22, 2009 . VtT TeWinkle School Plastics Recycling Check for $300 �I "Everything Green" Publication in Daily Pilot _1 Costa Mesa Community Run -April 17-18,2009 IX. Report on Other CMSD Recycling Programs IX. Public Comments Dated: April 15, 2009 Clerk of the District Protecting our community's health by providing solid waste and sewer coffection services. www.crosdcaAov •t U Recycling • ••; for 2009 and 2010 Calendar Yeal J I. Encourage Recycling Projects by Non - Profit Organizations • a page Ad in City of Costa Mesa Publication • $100 awards given to non - profit organizations that complete recycling projects • Utilize $500 Recycling Support from Costa Mesa Disposal • Create two projects in 2009 and 2010 • Contact Girls Club and Boys and Girls Scouts Past Participants include: Girl Scouts, Boy Scouts, Cub Scouts, Boys and Girls Club Potential Participants include: Schools, Sports Teams Status: a,II. Research Food Recycling • Continue Research from 2007 -2008 + Consider CR &R Wet Recycling Method Provide updates to Board in late 2009 and 2010 03-111. Participate in special days and events: such as: • National Environmental Education Week - April 12 -18 • Earth Day - April 22 • International Composting Awareness Week - May 3 -9 • Kids Day - August 2 • California Coastal Clean -Up Day - September 19 • America Recycles Day - November 15 • Waste Free Lunch Day (any day) Status: 4, IV. New District Video + Discuss Distribution Strategy Status: 5, V. Educate Residents • Educate Residents on One - Container Mixed Trash Recycling Program • Include articles in newsletter and other publications • Educate Residents on Achieving 85% Recycling rate • Educate Residents on HHW and other proper disposal. • CRT - Conducted Seminars • Junk Mail Alternatives • • Signs for OCC Recycling Center • Concept of Zero Waste ® Disposal of Residential Grease • Utilize all opportunities • Create "New Resident" packages w /recycling and source reduction information F Status; VI. Cor tinue School Recycling Programs Telephone Book Recycling Program Plastics Presentations Vermi-Composting Composting Waste-Free Lunch Day Sewer Science Actively promote programs with new flyer and attempt to hold presentations continuously throughout 2009 4, 2010 school years Status: Plastics presentations at TeWinkle School held on February 4, 2009 Recycling presentation at Paularino School scheduled for March 26, 2009 I VII Continue to host tours of CRT, OC Landfill and OCSU for Costa Mesa residents including students and social service groups Continue tours of CRT, OC Landfills & 0050, Tour of 0051) Groundwater Replenishment Facility. Tours of LEER Gold Yard Status: Tour with UCI students scheduled for March 5, 2009 Tour with MCWL) General Manager and Directors scheduled for March 12, 2009 VIII, Water Conservation (L 3 04'1�Q, - /,!9 hr, M el �b 6 Encourage reduction in water usage 0 Promote use of waterless urinals 0 Research available products for low water usage 0 Refer residents to Mesa Consolidated Water District website 6 Meet with MCWD Staff in mid-2009 and 2010 to obtain appropriate message to residents and businesses. Disseminate at every opportunity. Status: CL I X Source Reduction Goals ® Distribute CMSD Flyers & Post information on Website 0 Promote OCC Recycling --enter. as One -Stop Recycling Cenier 0 Continue source reduction outreach and education a Add Source Reduction Goals to website in 2009 and Summer 2009 newsletter 0 Provide 250 Earth Machine composting bins by the end of 2010 Stattjs: Pwtecting the Enaronment ky Increasmg Recychng and Awareness uPww.crosrfcu • -e X. Invite the following individuals to Recycling Committee meetings: • Mike Carey, OCC Recycling Center (March 2007 meeting) • Melanie Eustice, City of Costa Mesa Management Analyst & Mike Balliet • Maria Kokutani, CIWMB Status: XI, Pursue Grant Funding • Pursue OC Waste and Recycle Grants • Other Grants • Provide monthly reports on regular meeting agenda Status: XII. Other Recycling Programs and Events • Used Tire Roundup • Emergency Services Expo • Sharps Program Increase Pharmacy participation • Add one pharmacy in 2009 and one in 2010 subject to budget limitations Status: XIII. Staff Training Programs and Events • Attend Conferences • Training on Giving Presentations ® ProtectiW the Environment Increasing ct`f andAwar �J n9 i�J '� mess WUW.0 �sdca.� 04108!09 K3 P A. Joan Revak From: Sent: To: Cc: Subject: Page 1. of 2 Rob Hamers [robh2 @cox.net] Friday, March 27, 2009 7:42 AM Thomas Fauth; Dean Ruff ridge; David Ronnenberg Sherry Kallab; Teresa Gonzalez; Joan Revak; Alan Burns; Marc Davis (CBIZ Orange County) CMSD Waste Disposal Agreement Attachments: Costa Mesa Sanitary District- letter.doc; ATT37041.htm; Costa Mesa Sanitary.pdf; ATT37043.htm; Resolution.pdf; ATT37045.htm; Staff Report Information .doc; ATT37047.htm; WDA_Summary.doc; ATT37049.htm Hi Tom, At the luncheon meeting held 3/18/09 by CR &R and ArrowBio, I brought up the point that perhaps those using the future CR &R Perris plant do not want to sign Waste Disposal Agreements for Orange County. Although I have not read the WDA in detail, if we sign the WDA and also enter into a contract with CR &R for the Perris facility, the residual trash will have to be trucked back from Perris to be disposed in an Orange County landfill. The possibility exists for a cheaper disposal site in the Perris area, and the possibility also exists we could receive a discounted disposal fee in the Perris area as "out of county trash" just as Orange County now does in order to attract out of county trash to pay the bankruptcy debts. At the meeting, Paul Relis said he would consider the matter. Since I do not have Paul's email, I am sending this to David and Dean for review and comment by CR &R. I am also forwarding this to Alan for his review. 0 Thanks, Rob Hamers Manager /District Engineer Costa Mesa Sanitary District (949) 631 -1731 office ph. (714) 293 -2727 Rob's cell (949) 548 -6516 fax robh2@cox.net home office email rbhinQ@pacbell.net work office email Begin forwarded message: From: "Thomas Fauth" <tfauth @crosdca.gov> Date: March 26, 2009 3:48:28 PM PDT To: "Rob Hamers" <robh2 @cox.net >, "Joan Revak" <jrevak @crosdca.00v >, "Sherry Kallab" <skallab @ crosdca. pov> Subject: Waste Disposal Agreement - ACTION Requested Rob — WDA Attached — Quite lengthy. I printed the documents. I propose this needs to be brought up at the next Board Meeting for at least consideration and hopefully approval and signature and at the Recycling Committee Mtg to have it completed well ahead of the due date of 7- 23 -09. Thomas A. Fautfi, Assistant Manager Costa Mesa Sanitary District 628 West 19th St 3/30/2009 Page 2 of Costa Mesa, CA 92627 Voice: 949 - 645 -8400 Fax: 949 - 650 -2253 Cell: 714 - 393 -4433 From: Southern, Jeff [OCWR] [ma ilto :Jeff. Southern 0)iwmd.ocpov.com] Sent: Thursday, March 26, 2009 2:46 PM To: Thomas Fauth Subject: Waste Disposal Agreement - ACTION Requested Please find attached information from OC Waste & Recycling's Director regarding Waste Disposal Agreements. Please confirm receipt of this email by responding back to me via email. Thank you. Jeff Southern Administrative Manager OC Waste & Recycling (714) 834 -2652 P (714) 834 -4110 F 0eff.southern@ocwr.ocgov.com 3/30/2009 • • • 1 Michael B. Gioncolo, Director o R a N G E c o c N T Y 300 N. Flower Street, Suite 400 T T as Rec c Santa Ana, nd 92703 ,/ W L www.oclandfills.com Our Community. Our Commitment. Telephone: (714) 834 -4000 Fax: (714) 834 -4183 Date: March 26, 2009 Costa Mesa Sanitary District Mr. Thomas A. Fauth 628 West 19'h Street Costa Mesa, CA 92627 Dear Mr. Fauth, Subject: County of Orange Waste Disposal Agreements Since 1997, the County and Cities of Orange County have enjoyed the benefits of waste disposal agreements that fulfill city waste disposal needs and provide for the financial stability of the County disposal system. These agreements expire June 30, 2010. OC Waste & Recycling and the Waste Management Committee of the Orange County City Manager's Association worked since 2006 to negotiate another multi -year agreement to continue this mutually beneficial relationship. The parties successfully completed negotiations in December 2008. The current disposal rate, which has been in effect since 1997 with no increase, is $22.00 per ton. The primary difference between the prior and new agreements is that the contract disposal rate will increase to $29.95 on July 1, 2010 and then adjust annually in accordance with increases to the consumer price index. The term of the new agreement will be from July 1, 2010 to June 30, 2020. The new agreement, new contract disposal rate and revised posted disposal rate (both rates effective on July 1, 2010) were approved by the Orange County Board of Supervisors on March 24, 2009 (Resolution attached). By this transmittal, OC Waste & Recycling, on behalf of the County, invites the Sanitary District to execute the new agreement. For the agreement to take effect, cities representing more than 85% of the "acceptable" waste generated in the County, as shown in Appendix 1 to the agreement, must approve and execute the agreement by July 23, 2009. If this condition is not met, the agreements will not be adopted and County staff will return to the Board of Supervisors to present alternative rate strategies. Should the Sanitary District choose to execute the agreement, please return three wet signature copies to the below address. The County will retain two copies and return one to the Sanitary District. OC Waste & Recycling 300 N. Flower Street, Suite 400 • .Santa Ana, CA 92703 Attention: Jeff Southern If you have any questions, please contact myself or Rochelle Carpenter at (714) 834 -4060 or Jeff Southern at (714) 834 -2652. Sincerely, Michael B. Giancola, Director Attachments: Waste Disposal Agreement Summary of Major Provisions Board Resolution Staff Report Information 0 • • March 26, 2009 Staff Report Waste Disposal Agreements Summary Requires — Cities to direct their trash to the County disposal system from July 1, 2010 to June 30, 2020; Rate — Annually adjusted per ton rate beginning at $29.95 effective July 1, 2010; Results — Provides long -term capacity at below market rate (projections indicate OC capacity exceeding 50 years with importation ending in 2016; the negotiated rate is estimated to be $8 to $10 below market in 2010, and about $30 below market in 2015). Background In 1997, the County and Cities of Orange County entered into waste disposal agreements for a fixed rate per -ton for the disposal of solid waste in the County disposal system. The term of the agreement will end on June 30, 2010. Since late 2006, OC Waste & Recycling and the Waste Management Committee of the Orange County City Manager's Association have worked to negotiate another multi -year agreement to fulfill city waste disposal needs and provide for the financial stability of the County disposal system. Following the completion of negotiations, which included analysis of the rate structure by a third -party financial consultant and legal review of the agreement by a "committee" of city attorneys, the final agreement was presented to the County Board of Supervisors for consideration on March 24, 2009. The Board approved the agreement. Orange County enjoys a unique resource in its landfill system. Managed with long -term capacity and environmental sensitivity as key objectives, the system has provided the County with a reliable place to deposit approximately 4 million tons of solid waste per year at competitive rates. While surrounding County's scramble to find new disposal alternatives at great expense, Orange County has long -term capacity at reasonable costs. Working cooperatively through this agreement, the Cities and County are jointly seeking to continue this positive benefit to the residents and businesses of Orange County. The Rate The rate is $29.95 per ton for Franchise Haulers beginning July 1, 2010, adjusted annually by CPI, for a ten year term. This rate is: • Reasonable — The current disposal fee of $22.00 per ton has been in effect since 1997 with no increase. Had the disposal fee in 1997 been increased by the CPI and new regulatory costs added on, the disposal fee in 2010 would likely exceed this rate; • Competitive — Surrounding landfills are presently and will soon be charging significantly more than the negotiated rate (e.g. Puente Hills, Los Angeles County, will be at $37.62 effective July 1, 2010); • March 26, 2009 Secure — Revenues from cities go into an enterprise fund that is to the long term benefit of the participants, namely: the cities of Orange County, and will continue as an asset that has tremendous economic value: and, Protected —The County agrees that for the term no other rate will be offered at less than that being charged to cities. The current rate of $22.00 per ton will continue unchanged until the new rate takes effect on July 1, 2010. The County projects the impact of the rate increase on the average residential ratepayer's monthly solid waste collection bill to be about $1.00, an increase of less than 6% (and recall that this is the first such disposal rate increase in 13 years). Subsequent annual changes, based on the projected change in CPI, would range from $0.12 to $0.14 per home per month. This may vary by city. The Terms For the agreement to take effect, it requires that cities representing 85 %v of the "acceptable" waste generated in the County adopt the terms within 120 days following approval of the agreements by the County Board of Supervisors. During the term all participants are required to direct their solid waste to the County system. The agreement does provide extraordinary circumstances whereby the County may raise the rate in excess of CPI (e.g. changes in law, unforeseen claims in excess of insurance proceeds, capital costs exceeding the "cumulative capital costs" set forth); the agreement requires the County to reduce operating costs and/or utilize unrestricted reserves for typical operating impacts (e.g. tonnage shortfalls). The System The County landfill system is comprised of three (3) active landfills and twenty -one (21) closed landfill sites. The County has created an Environmental Liability Fund for the purpose of protecting the cities' general funds from any cost liabilities in the event of an environmental incident at the closed landfill sites. The system is managed by OC Waste & Recycling (formerly known as the Integrated Waste Management Department), with a staff of approximately 250. As a result of the County Bankruptcy, the system has been accepting "imported" solid waste as a means to payoff bankruptcy debt. Pursuant to this agreement, importation will end in June 30, 2016. The result is a landfill system with a projected capacity of over 50 years. Next Steps The County Board of Supervisors adopted a resolution approving the waste disposal agreements and other disposal fees on March 24, 2009. Subsequent to that date, cities have 120 days to execute the agreement. County staff will work with cities to secure approval and execution of agreements by June 23, 2009, including providing briefings as cities request. If cities representing at least 85% of County acceptable waste have signed agreements by June 23, 2009, the Director of OC Waste and Recycling will execute the agreements. if less than 85% of the County acceptable waste is secured by June 23, 2009, the agreements will not be adopted and County staff will return to the Board of Supervisors to present alternative rate strategies. ORANGE COUNTY WASTE DISPOSAL AGREEMENT ( "WDA ") SUMMARY OF MAJOR PROVISIONS* ARTICLE I: DEFINITIONS AND INTERPRETATION + Sets forth the definitions used throughout the Agreement, as well as basic matters of interpretation. ARTICLE IL• REPRESENTATIONS AND WARRANTIES • Contains standard representations and warranties concerning the authority of the parties to enter into the Agreement. ARTICLE III: DELIVERY AND ACCEPTANCE OF WASTE AND PROVISION OF DISPOSAL SERVICE • Sets forth (i) the obligations of the City to deliver or cause the delivery of all "Controllable Waste" to the Disposal System and (ii) the obligation of the County to accept such Controllable Waste. • "Controllable Waste" generally means all waste acceptable for disposal at the Disposal System. It generally does not include hazardous waste of any type or waste which residents or business choose to haul to a landfill or other disposal facility themselves. • In order to meet their waste delivery obligation, the Cities are required to include a requirement, in any franchise agreement they execute or hauling permit they issue, that the • franchise hauler or permit holder utilize the Disposal System. • The County is obligated to accept waste delivered by the Cities (or by haulers operating pursuant to a franchise or permit from the Cities), subject to certain exceptions (including waste in amounts which would cause the County to exceed permit limitations). • Article III also contains a provision which sets forth the terms on which the County may enter into Waste Disposal Agreements after the initial period in which all Cities are offered the WDA. Generally, any such subsequent agreement must provide that the party delivering waste shall pay a Posted Disposal Rate at least 10% higher than the Contract Rate under the Waste Disposal unless the County determines it is in the best interest of the Disposal System to establish a Posted Disposal Rate less than 10% higher than the Contract Rate. • Pursuant to Section 3.6(A) of the Agreement, the County is permitted to accepted imported waste (i.e., waste from outside of the County) pursuant to contracts, but any waste importation contracts must expire by June 30, 2016. • . This is a brief summary of certain terms of the WDA, and is not intended to be exhaustive. The WDA should be read in its entirety. 0 ARTICLE IV: CONTRACT RATE • This Article sets forth the Contract Rate payable by Cities or haulers delivering waste to the Disposal System. 0 • Commencing July 1, 2010, the Contract Rate will be $29.95. The Contract Rate will be subject to annual escalation in accordance with an established formula. (The current rate of $22.00 per ton will remain in effect until the new rate becomes effective.) • The Contract Rate is subject to adjustment to reflect the impact of various contingencies, including: o Uncontrollable Circumstances, such as fire, flood, and earthquake o Changes in Law that increase the County's cost of providing disposal services o Capital costs in excess of those planned by the County o Lower than expected waste deliveries o Any costs incurred by the County remediating environmental conditions at the Disposal System (in excess of available insurance proceeds and amounts available in the Environmental Fund for such purposes) • Under certain circumstances, the County is required to utilize specific reserves prior to adjusting the Contract Rate. • A mechanism for implementing Contract Rate is set forth in the WDA, which requires the County to prepare a detailed report specifying the reason for any rate adjustment, as well as a calculation of the amount. The Cities have the opportunity to object to the increase, and judicially challenge it if they do not agree that the adjustment is permitted under the terms of the WDA. 0 ARTICLE V: BREACH ENFORCEMENT AND TERNIINATION • This Article describes the events of default and remedies in the event of breach or termination. ARTICLE VI: TERM • This Article sets forth the term of the Agreement, which runs through June 30, 2020. • The Article also provides that the WDA will not take effect until WDAs are executed by Cities representing approximately 85% of the total waste stream in the County. ARTICLE VII: GENERAL PROVISIONS • This Article sets forth general operating requirements, amendment provisions, notice provisions and other general contract provisions. • Section 7.3 of the WDA provides that the County indemnifies the City for any liability which may arise from the City's activity as an "arranger" (for purposes of and as such term is defined under CERCLA) of solid waste disposal pursuant to the WDA. This indemnification obligation by the County survives termination of the WDA. 0 • • is County Authorization Date: March 24, 2009 County Notice Address: Director OC Waste & Recycling 300 N. Flower Street, Suite 400 Santa Ana, CA 92703 Sanitary District Execution Copy WASTE DISPOSAL AGREEMENT Between THE COUNTY OF ORANGE, CALIFORNIA and the COSTA MESA SANITARY DISTRICT Dated 12009 Sanitary District Authorization Date: Sanitary District Notice Address: TABLE OF CONTENTS Page ARTICLE I DEFINITIONS AND INTERPRETATION Section1.1 DEFINITIONS .................................................................................................... ..............................2 Section1.2 INTERPRETATION ........................................................................................... ..............................7 ARTICLE II REPRESENTATIONS AND WARRANTIES Section 2.1 REPRESENTATIONS AND WARRANTIES OF THE CITY .......................... ..............................8 Section 2.2 REPRESENTATIONS AND WARRANTIES OF THE COUNTY ................... ..............................9 ARTICLE III DELIVERY AND ACCEPTANCE OF WASTE AND PROVISION OF DISPOSAL SERVICE Section3.1 DELIVERY OF WASTE .................................................................................... ..............................9 Section 3.2 PROVISION OF DISPOSAL SERVICES BY THE COUNTY ...................... ............................... l I Section 3.3 COUNTY RIGHT TO REFUSE WASTE ......................................................... .............................12 Section 3.4 UNINCORPORATED AREA ACCEPTABLE WASTE .................................. .............................13 Section 3.5 MISCELLANEOUS OPERATIONAL MATTERS .......................................... .............................14 Section 3.6 OTHER USERS OF THE DISPOSAL SYSTEM ............................................. .............................14 Section 3.7 COUNTY PROVISION OF WASTE DIVERSION SERVICES ...................... .............................15 ARTICLE IV CONTRACT RATE Section 4.1 CHARGING AND SECURING PAYMENT OF CONTRACT RATE ............ .............................15 Section4.2 CONTRACT RATE ........................................................................................... .............................15 Section 4.3 RESPONSIBILITY FOR PAYMENT OF THE CONTRACT RATE .............. .............................21 Section 4.4 BILLING OF THE CONTRACT RATE ........................................................... .............................21 Section4.5 RESTRICTED RESERVES ............................................................................... .............................21 Section 4.6 AUDITED FINANCIAL STATEMENTS ......................................................... .............................22 Section 4.7 ANNUAL UPDATE OF TEN -YEAR FINANCIAL PROJECTION ................ .............................22 ARTICLE V BREACH, ENFORCEMENT AND TERMINATION Section5.1 BREACH ........................................................................................................... .............................23 Section 5.2 CITY CONVENIENCE TERMINATION ........................................................ .............................23 Section5.3 TERMINATION ................................................................................................ .............................23 Section5.4 NO WAIVERS ................................................................................................... .............................24 Section 5.5 FORUM FOR DISPUTE RESOLUTION ......................................................... .............................24 ARTICLE VI TERM Section 6.1 EFFECTIVE DATE AND TERM ..................................................................... .............................24 Section6.2 COMMENCEMENT DATE .............................................................................. .............................25 i Sanitary District Execution Copy • LJ • Section 7.1 Section 7.2 Section 7.3 Section 7.4 Section 7.5 Section 7.6 Section 7.7 Section 7.8 Section 7.9 Section 7.10 Section 7.11 Section 7.12 Section 7.13 Section 7.14 Section 7.15 Section 7.16 APPENDIX 1 ARTICLE VII GENERAL PROVISIONS OPERATION AND MAINTENANCE OF THE DISPOSAL SYSTEM .......... .............................26 UNCONTROLLABLE CIRCUMSTANCES GENERALLY ........................... .............................26 INDEMNIFICATION...................................................................................... ............................... 27 RELATIONSHIPOF THE PARTIES ............................................................... .............................27 LIMITEDRECOURSE ..................................................................................... .............................27 PRE - EXISTING RIGHTS AND LIABILITIES ................................................ .............................27 NOVESTED RIGHTS ...................................................................................... .............................28 LIABILITY FOR COLLECTION, TRANSPORTATION AND PROCESSING ..........................28 NO CONSEQUENTIAL OR PUNITIVE DAMAGES ..................................... .............................28 AMENDMENTS............................................................................................... .............................28 NOTICEOF LITIGATION ............................................................................... .............................28 FURTHERASSURANCES .............................................................................. .............................28 ASSIGNMENTOF AGREEMENT .................................................................. .............................28 INTEREST ON OVERDUE OBLIGATIONS .................................................. .............................28 BINDINGEFFECT ........................................................................................... .............................28 NOTICES......................................................................................................... ............................... 28 ESTIMATED ANNUAL TONNAGE APPENDIX 2 CUMULATIVE TONNAGE TARGETS APPENDIX 3 CUMULATIVE CAPITAL COSTS APPENDIX 4 FORM OF HAULER ACKNOWLEDGEMENT Sanitary District Execution Copy WASTE DISPOSAL AGREEMENT C7 THIS WASTE DISPOSAL AGREEMENT is made and dated as of the date indicated on the cover page hereof between the County of Orange, a political subdivision of the State of California (the "County"), and the City designated on the cover page of this Agreement, a general law or charter city and political subdivision of the State of California (the "City"). RECITALS The County owns, manages and operates a sanitary landfill system for the disposal of municipal solid waste generated by the cities and the unincorporated area within the County (the "Disposal System "). The Disposal System includes three active landfills and four regional household hazardous waste collection centers. The Disposal System is used for the disposal of municipal solid waste which is not reused, recycled or otherwise diverted from landfill disposal, pursuant to the California Integrated Waste Management Act of 1989 (Division 30 of the California Public Resources Code) (the "Act "). The City, in the exercise of its police power and its powers under the Act, has entered into a franchise or other agreement with or issued pen-nits or licenses to one or more private haulers for the collection and disposal of municipal solid waste generated within the City. A significant portion of municipal solid waste generated within the City historically has been and currently is delivered by such hauler or haulers to the County for disposal in the Disposal System. In 1997, the City and the County entered in a waste disposal agreement (the "Original WDA "), pursuant to which the County agreed to provide disposal capacity for waste generated in the City, and the City agreed to deliver or cause the delivery of waste generated in the City to the Disposal System, as more specifically set forth in, and subject to the terms and conditions of, the Original WDA. 0 The Original WDA, as amended, will expire by its tenns on June 30, 2010, unless the City and the County agree to renew the Original WDA. The City and the County desire to enter into this agreement to extend, amend and restate the Original WDA, on the terms and conditions set forth herein. The County and City acknowledge that the Original WDA shall remain in full force and effect until the Commencement Date. The City has determined that the execution of this Agreement by the City will serve the public health, safety and welfare of the City by providing greater disposal rate stability, more predictable and reliable long -tens disposal service, and the continuation of sound environmental management. The County has determined that the execution by the County of this Agreement will serve the public health, safety and welfare by providing a more stable, predictable and reliable supply of municipal solid waste and the resulting service payment revenue to the Disposal System, thereby enabling the County to.plan, manage, operate and finance improvements to the Disposal System on a more prudent and sound long term, businesslike basis consistent with its obligations to the State and the holders of obligations secured by its Disposal System. Official action approving this Agreement and determining it to be in the public interest and authorizing its execution and delivery was duly taken by the County on the County authorization date indicated on the cover page hereof. Official action approving this Agreement and determining it to be in the public interest and authorizing its execution and delivery was duly taken by the City on the City authorization date indicated on the cover page hereof. It is, therefore, agreed as follows: 0 Sanitary District Execution Copy ARTICLE I • DEFINITIONS AND INTERPRETATION SECTION 1.1 DEFINITIONS. As used in this Agreement, the following terms shall have the meanings set forth below. "Acceptable Waste" means all garbage, refuse, rubbish and other materials and substances discarded or rejected as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection and which are normally disposed of by or collected from residential (single family and multi - family), commercial, industrial, governmental and institutional establishments and which are acceptable at Class III landfills under Applicable Law. "Act" means the California Integrated Waste Management Act of 1989 (Division 30 of the California Public Resources Code), as amended, supplemented, superseded and replaced from time to time. "Agreement" means this Waste Disposal Agreement between the County and the City as the same may be amended or modified from time to time in accordance herewith. "Appendix" means an appendix to this Agreement, as the same may be amended or modified from time to time in accordance with the terms hereof "Applicable Law" means the Act, the Orange County Code, CERCLA, RCRA, CEQA, any Legal Entitlement and any federal or state rule, regulation, requirement, guideline, permit, action, determination or order of any Governmental Body having jurisdiction, applicable from time to time to the siting, design, permitting, acquisition, construction, equipping, financing, ownership, possession, operation or maintenance of the Disposal System, the transfer, handling, transportation and disposal of Acceptable Waste, Unacceptable Waste, or any other transaction or matter contemplated hereby (including any of the foregoing which concern health, safety, fire, • environmental protection, mitigation monitoring plans and building codes). "Board" means the California Integrated Waste Management Board. "Capital Costs" means all costs of the Disposal System that are classified as capital costs for purposes of the budget of the Department in accordance with procedures established by the County of Orange Auditor - Controller in compliance with the California State Controller's Manual, including but not limited to all of the categories of costs of the Disposal System reported as "Buildings and Improvements, and Infrastructure" (Object Code 4200) or "Equipment" (Object Code 4000) in the County of Orange — Chart of Accounts, or any successor accounting or reporting system utilized by the County. "CEQA" means the California Environmental Quality Act, codified at Cal. Pub, Res. Code Section 21000 et seq. as amended or superseded, and the regulations promulgated thereunder. "CERCLA" means the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.A. Section 9601 et seq., as amended or superseded, and the regulations promulgated thereunder. "Change in Law" means any of the following events or conditions which has a material and adverse effect on the performance by the parties of their respective obligations under this Agreement (except for payment obligations), or on the siting, design, permitting, acquisition, construction, equipping, financing, ownership, possession, operation or maintenance of the Disposal System or other matters to which Applicable Law applies: (1) the enactment, adoption, promulgation, issuance, material modification or written change in administrative or judicial interpretation on or after the Commencement Date of any Applicable Law (other than Applicable Law enacted by the County); (2) the order or judgment of any Governmental Body (other than the County), on or after the Commencement Date, to the extent such order or judgment is not the result of willful or negligent action, error or Sanitary District Execution Copy omission or lack of reasonable diligence of the County or of the City, whichever is asserting the occurrence of a Change in Law; provided, however, that the contesting in good faith or the failure in good faith to contest any such order or judgment shall not constitute or be construed as such a willful or negligent action, error or omission or lack of reasonable diligence; or (3) the denial of an application for, delay in the review, issuance or renewal of, or suspension, termination, interruption, imposition of a new or more stringent condition in connection with the issuance, renewal or failure of issuance or renewal on or after the Commencement Date of any Legal Entitlement to the extent that such denial, delay, suspension, tennination, interruption, imposition or failure materially and adversely interferes with the performance of this Agreement, if and to the extent that such denial, delay, suspension, termination, interruption, imposition or failure is not the result of willful or negligent action, error or omission or a lack of reasonable diligence of the County or of the City, whichever is asserting the occurrence of a Change in Law; provided, however that the contesting in good faith or the failure in good faith to contest any such denial, delay, suspension, termination, interruption, imposition or failure shall not be construed as such a willful or negligent action, error or omission or lack of reasonable diligence. A "Change in Law" shall include but not be limited to any new or revised requirements relating to the funding or provision of disposal services, including but not limited to any regulations for disposal operations or activities associated with the remediation, closure, funding or monitoring of closed sites with respect to facilities comprising the Disposal System, or facilities which the County previously utilized to provide waste disposal, transfer, recycling, processing or other waste related activities. "City" means, as applicable, the city or Sanitary District designated on the cover page of this Agreement and party to this Agreement. "City Acceptable Waste" means all Acceptable Waste which was originally discarded by the first generator thereof within the geographical limits of the City, and Residue from the foregoing wherever produced, whether within or outside the City (or Tonnage equivalencies of such Residues, as and to the extent provided in subsection 3.1(C) hereof). "Commencement Date" means the date on which the obligations of the parties hereto commence, established as provided in Section 6.2(B) hereof. "Contract Date" means the first date on which this Agreement has been executed by both parties hereto. "Contract Rate" has the meaning specified in Section 4.2 hereof. "Contract Year" means the fiscal year commencing on July 1 in any year and ending on June 30 of the following year. "Controllable Waste" means all City Acceptable Waste with respect to which the City has the legal or contractual ability to determine the disposal location therefor and which is: (1) Non- Recycled City Acceptable Waste; (2) not generated from the operations of the Governmental Bodies which, under Applicable Law, have the independent power to arrange for the disposal of the waste they generate; and (3) collected and hauled by Franchise Haulers. "County" means the County of Orange, a political subdivision of the State of California and party to this Agreement. "County Plan" means the integrated waste management plan of the County approved by the Board pursuant to the Act as in effect from time to time. 0 Sanitary District Execution Copy "County Acceptable Waste" means Acceptable Waste generated in the County. • "County OC Waste & Recycling Enterprise Fund" means the waste management enterprise fund established and managed by the County pursuant to Section 25261 of the Government Code separate from its other funds and accounts for receipts and disbursements in connection with the Disposal System. "County-wide Recycling Services" has the meaning set forth in subsection 3.7(A) hereof. "Cumulative Tonnage Target" for any given Contract Year means the amount specified in Appendix 2 hereto with respect to such Contract Year. "Department" means OC Waste & Recycling, and any agency, department or other Governmental Body which succeeds to the duties and powers thereof. "Disposal Agreements" means each of the waste disposal agreements entered into between the County. and any city within the County, Sanitary District or operator of any Transfer Station located in the County in accordance herewith. "Disposal Services" means the solid waste disposal services to be provided by the County pursuant to the Service Covenant and otherwise hereunder. "Disposal System" means the Orange County Waste Disposal System which includes solid waste disposal operations at three active landfills (Olinda Alpha, Frank R. Bowerman and Prima Deshecha); four regional Household Hazardous Waste Collection Centers; as well as services, such as monitoring and other activities, at closed refuse stations formerly operated by the County, as appropriate under Applicable Law. "Environmental Fund" means the fund or funds held by the County to pay unanticipated costs of . environmental mitigation, remediation or liability. "Franchise Hauler" means any hauler or collector who provides Acceptable Waste collection services within the City pursuant to, or under authority granted by, a permit, contract, franchise or other agreement with the City. The term Franchise Hauler includes the City itself if Acceptable Waste collection and transportation services are provided directly by City operated municipal collection service. "Governmental Body" means any federal, State, county, city or regional legislative, executive, judicial or other governmental board, agency, authority, commission, administration, court or other body, or any officer thereof acting within the scope of his or her authority. "Hazardous Substance" has the meaning given such term in CERCLA, the Carpenter- Presley- Tanner Hazardous Substance Account Act (California Health and Safety Code Section 25300 et seq.), and Titles 22 and 26 of the California Code of Regulations and other regulations promulgated thereunder. "Hazardous Waste" means (a) any waste which by reason of its quality, concentration, composition or physical, chemical or infectious characteristics may do either of the following: cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness, or pose a substantial threat or potential hazard to human health or the environment, or any waste which is defined or regulated as a hazardous waste, toxic substance, hazardous chemical substance or mixture, or asbestos under Applicable Law, as amended from time to time including, but not limited to: (1) the Resource Conservation and Recovery Act and the regulations contained in 40 CFR Parts 260 -281; (2) the Toxic Substances Control Act (15 U.S.C. Sections 2601 et seq.) and the regulations contained in 40 CFR Parts 761 -766; (3) the California Health and Safety Code, Section 25117 (West 1992 & Supp. 1996); (4) the California Public Resources Code, Section 40141 (West 1996); and (5) future additional or substitute Applicable Law pertaining to the identification, treatment, storage or disposal of toxic substances or hazardous wastes; or (b) radioactive materials which are source, special nuclear or by- product material as defined by the Atomic Energy Act of 1954 (42 U.S.C. Section 2011 et seq.) and the regulations contained in 10 CFR Part 40. 4 Sanitary District Execution Copy "Imported Acceptable Waste" means Acceptable Waste that is generated outside of the geographical boundaries of the County and delivered to the Disposal System. "Independent Haulers" means those waste collection/hauler companies primarily engaged as a principal business in the collection and transportation of municipal solid waste generated in the County of Orange which are not obligated to deliver County Acceptable Waste to the Disposal System pursuant to a franchise, contract, permit or other authorization with a city in the County. "Initial Term" has the meaning specified in Section 61(A) hereof. "Legal Entitlement" means all permits, licenses, approvals, authorizations, consents and entitlements of whatever kind and however described which are required under Applicable Law to be obtained or maintained by any person with respect to the Disposal System or the performance of any obligation under this Agreement or the matters covered hereby. "Legal Proceeding" means every action, suit, litigation, arbitration, administrative proceeding, and other legal or equitable proceeding having a bearing upon this Agreement. "Loss -and- Expense" means any and all loss, liability, obligation, damage, delay, penalty, judgment, deposit, cost, expense, claim, demand, charge, tax, or expense, including all fees and costs. "Net Import Revenues" has the meaning ascribed thereto in Section 3.6(E). "Non- Recycled City Acceptable Waste" means all City Acceptable Waste other than Recycled City Acceptable Waste. "Overdue ,Rate" means the maximum rate of interest permitted by the laws of the State, if applicable, or the prime rate established from time to time by the Bank of America, N.A. or its successors and assigns, plus 2 %, whichever is lower. • "Participating City" means any city or Sanitary District executing a Disposal Agreement in accordance with Section 3.6(A) hereof and meeting all requisite conditions to the Cormnencement Date thereof. "Plan of Adjustment" means the County's Modified Second Amended Plan of Adjustment, confirmed by the United States Bankruptcy Court Central District of California in that Conformed Order Confirming Modified Second Amended Plan of Adjustment, filed May 17, 1996. "Posted Disposal Rate" means the per ton tipping fee charged by the County for the disposal of solid waste at the Disposal System by parties which are not entitled to disposal service at the Contract Rate pursuant to this Agreement. "Prohibited Medical Waste" means any medical or infectious waste prohibited or restricted under Applicable Law from being received by or disposed at the Disposal System. "Qualified Household Hazardous Waste" means waste materials determined by the Board, the Department of Health Services, the State Water Resources Control Board, or the Air Resources Board to be: (1) Of a nature that they must be listed as hazardous in State statutes and regulations; (2) Toxic /ignitable /corrosive /reactive; and (3) Carcinogenic /mutagenic /teratogenic; which are discarded from households as opposed to businesses. Qualified Household Hazardous Waste shall not include Unacceptable Waste. 0 Sanitary District Execution Copy "Recycled City Acceptable Waste" means any otherwise Controllable Waste which is separated from • Acceptable Waste by the generator thereof or by processing and which is "recycled" within the meaning of Section 40180 of the Public Resources Code. "Renewal Term" has the meaning specified in Subsection 6.1(B) hereof. "Residue" means any material remaining from the processing, by any means and to any extent, of City Acceptable Waste or Recycled City Acceptable Waste; provided, however, that Residue shall not include minimal amounts of material remaining after such processing (which minimal amounts shall in no event exceed 10% of the amount of such City Acceptable Waste or Recycled City Acceptable Waste prior to processing). "Resource Conservation and Recovery Act" or "RCRA" means the Resource Conservation and Recovery Act, 42 U.S.C.A. Section 6901 et seq., as amended and superseded. "Restricted Reserves" has the meaning specified in Section 4.5. "Sanitary Districts" means the sanitary districts in the County formed pursuant to the Sanitary District Act of 1923, codified at Cal. Ann. Health & Safety Code Section 6400 et seq., as amended, supplemented, superseded and replaced from time to time. "Self - Hauled Waste" means City Acceptable Waste collected and hauled by Self- Haulers. "Self- Hauler" means any person not engaged commercially in waste haulage who collects and hauls Acceptable Waste generated from residential or business activities conducted by such person. "Service Coordinator" means the service coordinator for either party designated pursuant to subsection 3.5(C) hereof. 0 "Service Covenant' means the covenants and agreements of the County set forth in Sections 3.2 and 3.3 hereof. • "Source- Separated Household Hazardous Waste" means Qualified Household Hazardous Waste which has been segregated from Acceptable Waste originating or generated within the geographical jurisdiction of the City at the source or location of generation. "Source- Separated Household Hazardous Waste Disposal System" means the collection centers, facilities, contracts and other arrangements owned or administered by the County for the receipt, handling and disposal of Source - Separated Household Hazardous Waste. "State" means the State of California. "Term" shall mean the Tenn of this Agreement. "Ton" means a "short ton" of 2,000 pounds. "Transfer Station" means any materials recovery facility, composting facility, intermediate processing facility, recycling center, transfer station or other waste handling or management facility to which solid waste collected for the City is delivered for processing before disposal in the Disposal System. "Unacceptable Waste" means Hazardous Waste; Hazardous Substances; Prohibited Medical Waste; Qualified Household Hazardous Waste separated from Acceptable Waste; explosives, ordnance, highly flammable substances, and noxious materials and lead -acid batteries (except if delivered in minimal quantities); drums and closed containers; liquid waste, oil, human wastes; machinery and equipment from commercial or industrial sources, such as hardened gears, shafts, motor vehicles or major components thereof, agricultural equipment, trailers, marine Sanitary District Execution Copy vessels and steel cable; hot loads; and any waste which the Disposal System is prohibited from receiving under Applicable Law. "Uncontrollable Circumstance" means any act, event or condition affecting the Disposal System, the County, the City, or any of their Franchise Haulers, contractors or suppliers to the extent that it materially and adversely affects the ability of either party to perform any obligation under the Agreement (except for payment obligations), if such act, event or condition is beyond the reasonable control of and is not also the result of the willful or negligent act, error or omission or failure to exercise reasonable diligence on the part of the party relying thereon as justification for not performing an obligation or complying with any condition required of such party under the Agreement; provided, however, that the contesting in good faith or the failure in good faith to contest such action or inaction shall not be construed as willful or negligent action or a lack of reasonable diligence of either party. Examples of Uncontrollable Circumstances are: (1) an act of God, landslide, lightning, earthquake, fire, explosion, flood, sabotage or similar occurrence, acts of a public enemy, extortion, war, blockade or insurrection, riot or civil disturbance; and (2) a Change in Law. "Unincorporated Area" means those portions of the County which are not contained within the jurisdictional boundaries of incorporated cities. "Unincorporated Area Acceptable Waste" means Acceptable Waste originating from or generated within the Unincorporated Area. "Unrestricted Reserves" means cash and other reserves of the Disposal System which are not Restricted Reserves. "Waste Disposal Covenant" means the covenants and agreements of the City set forth in Section 3.1 hereof. SECTION 1.2 INTERPRETATION. In this Agreement, unless the context otherwise requires: 0 (A) References Hereto. The terms "hereby ", "hereof', "herein ", "hereunder" and any similar terms refer to this Agreement, and the tern "hereafter" means after, and the term "heretofore" means before, the Contract Date. (B) Gender and Plurality. Words of the masculine gender mean and include correlative words of the feminine and neuter genders and words importing the singular number mean and include the plural number and vice versa. (C) Persons. Words importing persons include firms, companies, associations, general partnerships, limited partnerships, trusts, business trusts, corporations and other legal entities. including public bodies, as well as individuals. (D) Headings. The table of contents and any headings preceding the text of the Articles, Sections and subsections of this Agreement shall be solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect. (E) No Third Party Beneficiaries. Nothing in this Agreement is intended to confer on haulers or any other person other than the parties hereto and their respective permitted successors and assigns hereunder any rights or remedies under or by reason of this Agreement. (F) Counterparts. This Agreement may be executed in any number of original counterparts. All such counterparts shall constitute but one and the same Agreement. Sanitary District Execution Copy �J (G) Applicable Law. This Agreement shall be governed by and construed in accordance with the Applicable Laws of the State of California. (H) Severability. If any clause, provision, subsection, Section or Article of this Agreement shall be ruled invalid by any court of jurisdiction, then the parties shall: (1) promptly meet and negotiate a substitute for such clause, provision, subsection, Section or Article which shall, to the greatest extent legally permissible, effect the intent of the parties therein; (2) if necessary or desirable to accomplish item (1) above, apply to the court having declared such invalidity for a judicial construction of the invalidated portion of this Agreement; and (3) negotiate such changes in, substitutions for or additions to the remaining provisions of this Agreement as may be necessary in addition to and in conjunction with items (1) and (2) above to effect the intent of the parties in the invalid provision. The invalidity of such clause, provision, subsection, Section or Article shall not affect any of the remaining provisions hereof, and this Agreement shall be construed and enforced as if such invalid portion did not exist, unless such invalidity frustrates the underlying primary purpose of the Agreement. (I) Inte ration: Preservation of Certain Agreements. This Agreement contains the entire agreement between the parties with respect to the transactions contemplated hereby. This Agreement shall completely and fully supersede all prior understandings and agreements between the Parties with respect to such transactions; provided, however, that this Agreement shall not supersede the following agreements: 1) MOU, dated March 10, 1992, between the City of Brea and the County of Orange regarding the Olinda Alpha Landfill as amended on April 6, 1993 and November 29, 1994; 2) MOU, dated May 11, 1995, between the City of Brea and the County of Orange regarding importation of out -of -County waste to the Olinda Alpha Landfill; 3) Settlement Agreement, dated August 1, 1984, between the City of Irvine and the County of Orange regarding the Bee Canyon Landfill (currently called Frank R. Bowerman Landfill); 4) MOU, dated May 16, 1995, between the City of Irvine and the County of Orange regarding importation of out -of -County waste to the Frank R. Bowerman Landfill; 5) MOU, dated September 12, 1995, and amended November 21, 1995, between the City of San Juan Capistrano and the County of Orange regarding importation of out -of -County waste to the Prima Deshecha Landfill; 6) MOU, dated July 1, 1997, between the City of San Clemente[, the Orange County Flood Control District] and the County of Orange regarding the Prima Deshecha Landfill; and 7) Cooperative Agreement, dated August 15, 2006, between the County and the City of Irvine: (J) Recitals. The recitals to this Agreement are not intended to bind the parties hereto. In the event of a conflict between the recitals and the operative provisions of this Agreement, the operative provisions shall prevail. The recitals shall not be used to interpret the provisions of the Agreement. ARTICLE II REPRESENTATIONS AND WARRANTIES SECTION 2.1 REPRESENTATIONS AND WARRANTIES OF THE CITY. The City represents and warrants that: (A) Existence. The City is a general law or charter city validly existing under the Constitution and laws of the State. Sanitary District Execution Copy (B) Due Authorization. The City has duly authorized the execution and delivery of this Agreement, and this Agreement has been duly executed and delivered by the City. SECTION 2.2 REPRESENTATIONS AND WARRANTIES OF THE COUNTY. The County represents and warrants that: (A) Existence. The County is a political subdivision of the State of California validly existing under the Constitution and laws of the State. (B) Due Authorization. The County has duly authorized the execution and delivery of this Agreement, and this Agreement has been duly executed and delivered by the County. ARTICLE III DELIVERY AND ACCEPTANCE OF WASTE AND PROVISION OF DISPOSAL SERVICE SECTION 3.1 DELIVERY OF WASTE. (A) Waste Disposal Covenant. Subject to the occurrence of the Commencement Date and throughout the Term of this Agreement, the City shall exercise all legal and contractual power and authority which it may possess from time to time to deliver or cause the delivery of all Controllable Waste to the Disposal System in accordance herewith. (B) Recycled City Acceptable Waste. The parties hereto acknowledge the responsibility of the City to meet the recycling and landfill diversion goals contained in the Act. Nothing in this Agreement is intended or shall be interpreted to prohibit or impair the ability of the City to meet such responsibilities, or to restrict the right of the residents, businesses or organizations in the City to practice source separation, recycling, composting or other materials recovery activities, or to restrict the right of the City to conduct, sponsor, encourage or require such activities in any form. No reduction in the amount of Controllable Waste generated in the City and delivered to the Disposal System by or on behalf of the City which may result from any such source separation or recycling program shall cause the City any liability hereunder (other than potential adjustment to the Contract Rate to the extent provided in Article IV hereof) and shall not constitute a breach of this Agreement. (C) Waste Delivered to Transfer Station. All Residue from any processing of Controllable Waste by materials recovery, composting, recycling or other means, wherever performed, shall constitute Controllable Waste and be subject to the Waste Disposal Covenant. Where City Acceptable Waste is processed at a facility which concurrently processes other Acceptable Waste in a manner which produces commingled residue which cannot be traced to a geographic source, generic residues from such facility in Tonnage equal to the residues that would have been produced had City Acceptable Waste only been processed at the facility shall constitute Controllable Waste and be subject to the Waste Disposal Covenant. Any City Acceptable Waste or material derived or segregated therefrom which is held in storage and asserted by the possessor thereof to constitute Recycled City Acceptable Waste awaiting sale or distribution to the secondary materials markets shall constitute Controllable Waste if, when and to the extent that the storage or diversion thereof can be reasonably deemed to constitute an evasion of the Waste Disposal Covenant rather than generally recognized, accepted and prevailing practice in the Southern California materials recovery and recycling industry conducted in accordance with Applicable Law. In order for the owner and/or operator of a transfer station to be entitled to deliver Acceptable Waste from a Participating City to the Disposal System for the Contract Rate as provided in Article N, such owner and/or operator must execute a direct agreement with the County, acknowledging and agreeing to comply with the obligation of the Participating City to cause the delivery of all Controllable Waste to the Disposal System pursuant to this Agreement. In addition, the County shall be authorized to implement procedures to determine if Acceptable Waste delivered by the owners or operators of Transfer Stations is entitled to utilize the Disposal System for the Contract Rate. Such procedures may include requiring Transfer Stations to certify, under penalty of perjury, the source of any such Acceptable Waste. If necessary, the County may require that, in order to qualify for use of the Disposal System for the Contract Rate, Transfer Stations must deliver Controllable Waste in loads containing only Controllable Waste, and not commingled with Acceptable Waste from entities which are not Participating Cities or Participating Independent Haulers. Sanitary District Execution Copy (D) Power to Obligate Waste Disposal and Comply with this Agreement. On or before the Commencement Date, (i) any City franchise, contract, lease, or other agreement which is lawfully in effect relating to or affecting Controllable Waste shall provide, or shall have been amended to provide, that the City shall have the right without material restriction on and after the Commencement Date to direct the delivery of all Controllable Waste to a disposal location selected by the City (whether or not such Controllable Waste is delivered to a transfer station as an intermediate step prior to landfill disposal) and otherwise to comply with its obligations under this Agreement with respect to Controllable Waste and Franchise Haulers, and (ii) the City shall designate the Disposal System as the disposal location pursuant to such franchise, contract, lease or other agreement. On and after the Commencement Date and throughout the Term of this Agreement the City (a) shall not enter into any franchise, contract, lease, agreement or obligation, issue any permit, license or approval, or adopt any ordinance, resolution or law which is materially inconsistent with the requirements of the Waste Disposal Covenant, and (b) shall maintain non - exclusive or exclusive franchises or other contractual arrangements over any City Acceptable Waste which, as of the Contract Date, is subject to non - exclusive or exclusive franchise or other contractual arrangements. The City agrees that the County shall be a third party beneficiary of the obligation of Franchise Haulers to deliver Controllable Waste to the Disposal System, and may directly enforce such obligation through any legal means available. The City shall notify in writing each Franchise Hauler of the County's third party beneficiary rights. (E) Waste Flow Enforcement. (1) The City, in cooperation with the Department, shall establish, implement, carry out and enforce a waste flow enforcement program which is sufficient to assure the delivery of all Controllable Waste to the Disposal System pursuant to and in accordance with the Waste Disposal Covenant for disposal at the times and in the manner provided herein. The waste flow enforcement program shall consist of amending City franchises, permits or authorizations with all Franchise Haulers, to the extent required by this Section and to the extent allowed by law, and shall include in addition, to the extent necessary and appropriate in the circumstances to assure compliance with the Waste Disposal Covenant, but shall not be limited to: (i) licensing or permitting Franchise Haulers, upon the condition of compliance with the Waste Disposal Covenant, (ii) providing for and taking appropriate enforcement action under any such franchise, license, or permit, such as but not limited to the suspension, revocation and termination of collection rights and privileges, the imposition of fines or collection of damages, and the exercise of injunctive relief against non - complying Franchise Haulers and (iii) causing any Transfer Station to which Controllable Waste is delivered for processing to deliver certification, under the penalty of perjury, of the amounts of Controllable Waste received and Residue remaining from processing at such Transfer Station. (2) The City acknowledges and agrees that in the event of a breach of the Waste Disposal Covenant by the City, the City shall pay the County an amount equal to the amount that the City would have been required to pay to the County had the Waste Disposal Covenant not been breached, which shall be calculated by (x) subtracting the number of tons actually delivered during the month(s) of the breach from the number of tons that were delivered during the same month(s) closest in time when there was no such breach, even if such month(s) closest in time was prior to the Tenn, and (y) multiplying such amount by the Contract Rate in effect at the time of such breach (or any higher rate with respect to which the County has provided notice pursuant to Section 4.2). In the event that the County terminates the Waste Disposal Agreement as a result of such breach, the damages due as a result of such termination shall be equal to (aa) the average monthly deliveries by the City for the twelve months prior to the commencement of the breach multiplied by (bb) the Contract Rate in effect at the time of such breach (or any higher rate with respect to which the County has provided notice pursuant to Section 4.2), multiplied by (cc) the number of months that would have remained in the Term of the Agreement had the termination not occurred. The parties recognize that if the City fails to meet its obligations hereunder, the County will suffer damages and that it is and will be impracticable and extremely difficult to ascertain and determine the exact amount of such damages. Therefore, the parties agree that the damages specified above represent a reasonable estimate of the amount of such damages, considering all of the circumstances existing on the date hereto, including the relationship of the sums to the range of harm to the County that reasonably could be anticipated and anticipation that proof of actual damages would be costly or inconvenient. In signing this Agreement, each party specifically confirms the accuracy of the statements made above and the fact that each party had ample opportunity to consult with legal counsel and obtain an explanation of this liquidated damage provision at the time that this Agreement was made. (F) Legal Challenges to Franchise System. The City shall use its best efforts to preserve, protect and defend its right to exercise and comply with the Waste Disposal Covenant against any challenge thereto, legal or otherwise (including any lawsuits against the City or the County, whether as plaintiff or defendant), by a 10 Sanitary District Execution Copy Franchise Hauler or any other person, based upon breach of contract, violation of law or any other legal theory. The City shall bear the cost and expense of any such Legal Proceeding or other challenge. In the event any such Legal Proceeding relating to the Waste Disposal Covenant or the City's exercise thereof establishes in a final determination that such covenant or exercise thereof is void, unlawful or unenforceable, or if any Franchise Hauler fails to deliver Controllable Waste to the Disposal System in breach of its franchise with the City on the grounds that a judicial determination made by any court or other Applicable Law has rendered its obligation to deliver Controllable Waste to the Disposal System void, unlawful or unenforceable on any legal grounds, with the result that actual waste deliveries to the Disposal System fall below the Cumulative Tonnage Targets, the County shall be entitled to avail itself of the remedies described in Section 4.2(B) hereof. (G) Franchise Haulers. The City shall compile and provide the Department with the following information concerning all Franchise Haulers: name, address and phone number; identification number; area of collection and transportation; and franchise and permit terms. (H) Waste Information System. The City shall cooperate with the Department in collecting information and otherwise monitoring Franchise Haulers in order to assure compliance with this Agreement. Such information may include, to the extent practicable, data pertaining to Controllable Waste collected, transported, stored, processed and disposed of, Recycled City Acceptable Waste collected, transported, stored, processed and marketed or disposed of, Franchise Haulers' franchise, permit or license terms, collection areas, transportation routes and compliance with Applicable Law; and all other information which may reasonably be required by the Department in connection with this Agreement. The City agrees to include in any revised franchise, contract, license or permit or other authorization granted to Franchise Haulers an obligation of the Franchise Hauler to provide to the County information relating to the Controllable Waste collected by such Franchise Hauler, including origins from which such Controllable Waste was collected, tonnage by type of load (residential, commercial, roll -off box), customer service levels, tonnage delivered by transfer station or material recovery facility utilized, and other related information. (1) City Actions Affecting County. The City agrees to carry out and fulfill its responsibilities under this Agreement and Applicable Law so as to permit full and timely compliance by the County with its covenants and agreements with the State. In particular, the City agrees not to conduct, authorize or permit any disposal services for Controllable Waste to be provided in competition with the Disposal Services provided by the County hereunder, and not to take or omit to take any action with respect to Controllable Waste or its collection, transportation, transfer, storage, treatment or disposal that may materially and adversely affect the County's ability to achieve such timely compliance. Notwithstanding the foregoing, the City shall not be required to deny any permit or license or refuse to grant any approval while exercising its police powers. (J) No Right of Waste Substitution. Nothing in this Agreement shall authorize or entitle the City to deliver or cause the delivery to the Disposal System of Acceptable Waste originating from or generated outside the jurisdiction of the City, nor obligate the County to receive or dispose of any such Acceptable Waste. The City shall not assign in whole or in part its right to deliver or cause to be delivered Controllable Waste to the County hereunder, and shall not permit any Acceptable Waste originating from or generated outside the jurisdiction of the City to be substituted for Controllable Waste for any purpose hereunder. (K) Annexations and Restructuring. It is the intention of the parties that this Agreement and the obligations and rights of the City hereunder, including particularly the Waste Disposal Covenant and the Contract Rate, shall, to the extent permitted by Applicable Law, extend to any territory annexed by the City (or any territory with respect to which the City assumes, after March 30, 2008, solid waste management responsibility from a Sanitary District or other public entity) and shall bind any successor or restructured Governmental Body which shall assume or succeed to the rights of the City under Applicable Law. SECTION 3.2 PROVISION OF DISPOSAL SERVICES BY THE COUNTY. (A) Service Covenant. Commencing on the Commencement Date, the County shall provide or cause the provision of the service of (1) receiving and disposing of all Controllable Waste at the Disposal System (or such other facilities, including transfer stations, as the County may determine to use), (2) disposing in accordance with subsection 3.2(C) hereof of Controllable Waste which, at any time and for any reason, is in excess 11 Sanitary District Execution Copy of the disposal capacity of the Disposal System, and (3) in accordance with subsection 3.3(C) hereof, disposing of Unacceptable Waste inadvertently accepted at the Disposal System. The County, to the maximum extent permitted under Applicable Law, shall use its best efforts to keep the Olinda Alpha, Prima Deshecha and Frank R. Bowerman Landfills open for the receipt of waste for disposal or transfer of Controllable Waste pursuant to this Agreement. The County shall do and perform all acts and things which may be necessary or desirable in connection with its covenants in this subsection, including without limitation all planning, development, administration, implementation, construction, operation, maintenance, management, financing and contract work related thereto or undertaken in connection therewith. The County shall exercise all reasonable efforts to minimize the costs incurred in complying with the Service Covenant consistent with its responsibilities hereunder and under this Agreement, Applicable Law and prudent solid waste management practice and environmental considerations. (B) Particular Facilities. The Department and the City shall consult and cooperate in determining whether and to what extent from time to time other landfills other than that primarily used by the City shall be utilized to receive Controllable Waste. The Department shall immediately advise the City by telephone of any situation, event or circumstance which results in the partial or complete inability of the County to receive Controllable Waste at any particular landfill within the Disposal System, its effect on the County's ability to perform its obligations hereunder, and the County's best estimate of the probable duration. The Department shall confirm such advice in writing within 24 hours of the occurrence of any such inability. The County shall use its best efforts to resume normal operation of the landfill primarily used by the City as soon as possible. In the event of a temporary material increase in average daily deliveries of Controllable Waste from the City which the County reasonably believes could result in the permitted daily disposal capacity limit to be exceeded with respect to a particular landfill within the Disposal System, the County shall have the right to redirect the increased Controllable Waste to another landfill within the Disposal System for the duration of the increase in average daily deliveries; provided, however, that in such circumstances the County shall utilize reasonable efforts to first redirect waste which is not Controllable Waste. (C) Compliance with Service Covenant Not Excused for any Reason. Commencing on the • Commencement Date, the obligations of the County to duly observe and comply with the Service Covenant shall apply continuously and without interruption for the Term of this Agreement. In the event that any Change in Law or other Uncontrollable Circumstance impairs or precludes compliance with the Service Covenant by the means or methods then being employed by the County, the County shall implement alternative or substitute means and methods to enable it to satisfy the terms and conditions of the Service Covenant. In the event that a Change in Law precludes the County from complying with such covenants with the means or methods then being employed and from utilizing any alternate or substitute means or methods of compliance, the County shall continuously use all reasonable efforts to effectuate executive, legislative or judicial change in or relief from the applicability of such law so as to enable the County lawfully to resume compliance with such covenants as soon as possible following the Change in Law. SECTION 3.3 COUNTY RIGHT TO REFUSE WASTE. (A) Right of Refusal. Notwithstanding any other provision hereof, the County may refuse delivery of: (1) Hazardous Waste; (2) Controllable Waste delivered at hours other than those provided in Section 3.5 hereof, (3) Waste that does not constitute Acceptable Waste; (4) Waste that is delivered by any parry which has not executed a Waste Disposal Agreement; and (5) Controllable Waste consisting primarily of construction and demolition debris or inerts which may cause a particular facility's daily tonnage limit to be exceeded. 12 Sanitary District Execution Copy (B) Identification of Unacceptable Waste. The Department shall have the right (but not the duty or the obligation) to inspect the vehicles of all Franchise Haulers delivering material to the Disposal System, and may require that the Franchise Hauler remove any Unacceptable Waste from such vehicle before it is unloaded. If the Department determines that it is impractical to separate Controllable Waste from Unacceptable Waste in any vehicle, or if the Franchise Hauler delivering such waste is unwilling to make such separation or if any vehicle is carrying waste which may spill or leak, then the Department may reject the entire vehicle, and the City shall forthwith remove or cause the removal of the entire delivery from the Disposal System. The Department may take all reasonable measures to prevent waste from being blown or scattered before and during unloading. The City shall cause the Franchise Haulers to observe and comply with Applicable Law, the operating rules and regulations of the Department, and the provisions of this Agreement prohibiting the delivery of Unacceptable Waste to the Disposal System. (C) Hazardous Waste and Hazardous Substances. The parties acknowledge that the Disposal System has not been designed or permitted, and is not intended to be used in any manner or to any extent, for the handling, transportation, storage or disposal of Hazardous Waste or Hazardous Substances. Neither the County nor the City shall countenance or knowingly permit the delivery of Hazardous Waste or Hazardous Substances to the Disposal System. (D) Disposal of Unacceptable Waste and Hazardous Waste. If Unacceptable Waste or Hazardous Waste is discovered in a vehicle at any landfill within the Disposal System, the driver of the vehicle will not be permitted to discharge the load. If a vehicle is observed unloading Unacceptable Waste or Hazardous Waste in the tipping area of a landfill within the Disposal System Department personnel will use reasonable efforts to assure that such material has been characterized, properly secured and its disposition resolved. The return or reloading onto the delivery vehicle of any Hazardous Waste, Prohibited Medical Waste or other waste requiring handling or transportation shall be conducted in accordance with Applicable Law. Whenever Hazardous Waste is detected at any landfill within the Disposal System, the Department shall take immediate action in accordance with Applicable Law. (E) Source - Separated Household Hazardous Waste. The County shall maintain, as part of the • Disposal System, a Source - Separated Household Hazardous Waste Disposal System for the disposal of Source - Separated Household Hazardous Waste. The disposal service provided by such system shall constitute part of the Disposal Services, and shall be available to Participating Cities as part of the Contract Rate. The County may impose additional fees and charges for services relating to Source - Separated Household Hazardous Waste with respect to cities which are not parties to a Disposal Agreement. The County may provide for the expansion, contraction or modification of the Source- Separated Household Hazardous Waste Disposal System and its services to the extent necessary to ensure the Disposal System's viability; provided, however, if the County chooses to reduce services, the County shall nonetheless continue to expend funds for the Source - Separated Household Hazardous Waste Disposal System each year during the term of this Agreement in an amount at least equal to the amount of funds expended for the Source- Separated Household Hazardous Waste Disposal System during fiscal year 2006 -07 as adjusted by changes in the Producer Price Index. SECTION 3.4 UNINCORPORATED AREA ACCEPTABLE WASTE. Commencing on the Commencement Date, the County in accordance with Applicable Law shall provide or cause to be provided the service of disposing of non - recycled Acceptable Waste originating or generated within the Unincorporated Area and, with respect to such waste, shall comply with the Waste Disposal Covenant as if the County constituted a City subject to the Waste Disposal Covenant hereunder. Rates charged by the County for the disposal of each class of non - recycled Acceptable Waste generated in the Unincorporated Area shall be the same as the Contract Fee charged for the disposal of each class of Controllable Waste. The County shall use its best efforts to preserve, protect defend its right to exercise and comply with the Waste Disposal Covenant (with respect to non - recycled Acceptable Waste generated in the Unincorporated Area) against any challenge thereto, legal or otherwise, by a Franchise Hauler or any other person, based upon breach of contract, violation of law or any other legal theory. The County shall bear the cost and expense of any such Legal Proceeding or other challenge (with respect to non- recycled Acceptable Waste generated in the Unincorporated Area). 13 Sanitary District Execution Copy • SECTION 3.5 MISCELLANEOUS OPERATIONAL MATTERS. • (A) Operating Hours. The County shall keep the Disposal System open for the receiving of Controllable Waste during such regular operating hours as may be established by the Department in the operating rules and regulations applicable to the Disposal System. The County shall utilize best efforts to maintain substantially similar hours, as were in effect on January 2, 2009, for the receipt of waste through the term of this Agreement (subject to Applicable Law). (B) Scales and Weighing. The Department shall operate and maintain permanent scales at the Disposal System. The Department shall weigh all vehicles delivering waste by or on behalf of the City (whether or not the County accepts such waste) and prepare a daily weight record with regard to such delivery. (C) Service Coordinator. The County and the City each shall designate in writing thirty days prior to the expected Commencement Date a person to transmit instructions, receive information and otherwise coordinate service matters arising pursuant to this Agreement (each a "Service Coordinator "). Either party may designate a successor or substitute Service Coordinator at any time by notice to the other party. (D) Review of Records. Each party may review the other party's books and records with respect to matters relevant to the performance by either party under this Agreement or otherwise related to the operation of the Disposal System to the extent allowed under the California Public Records Act (interpreted as if the parties to this Agreement were natural persons for purposes of the Public Records Act). SECTION 3.6 OTHER USERS OF THE DISPOSAL SYSTEM. (A) On or Before 1 20091. On or before [120 DAYS AFTER BOARD APPROVAL], the County shall have the right to enter into waste disposal agreements with Orange County entities with respect to Acceptable Waste which was originally discarded by the first generator thereof within the • geographical limits of the County, including other cities in the County, Sanitary Districts, Transfer Stations and Independent Haulers, which waste disposal agreements shall have terms and provisions substantially identical to the terms and provisions of this Agreement; provided, however, that in no event shall such agreements have terms and provisions more favorable than the terms and provisions of this Agreement (including but not limited to the Contract Rate and availability of disposal capacity). (B) After 1 , 2009. After [120 DAYS AFTER BOARD APPROVAL], the County shall have the right to enter into waste disposal agreements with Orange County entities, including any city, Sanitary District, Transfer Station and Independent Hauler, or otherwise accept Acceptable Waste from such parties, but only within the limitations contained in this Section. Any such agreement or waste acceptance agreement must provide that the party delivering waste shall pay a Posted Disposal Rate at least 10% higher than the Contract Rate unless the County determines it is in the best interest of the Disposal System to establish a Posted Disposal Rate less than 10% higher than the Contract Rate. In no event shall the Posted Disposal Rate be equal to or less than the Contract Rate. In addition, the County shall reserve the right in any such waste disposal agreement at any time, to the extent permitted by Applicable Law, to refuse to receive and dispose of Acceptable Waste from any city, County Sanitary District, Transfer Station and Independent Hauler if and to the extent that such receipt and disposal may materially and adversely affect the ability of the County to comply with its obligations to the Participating Cities under the Disposal Agreements to which each is a party. (C) Receipt of Imported Acceptable Waste on a Contract Basis. The County shall have the right to enter into a contract or other agreement with any municipal or private non -County entity for the delivery of Imported Acceptable Waste on terms and conditions that the County determines to be necessary to ensure and enhance the viability of the Disposal System for the benefit of the County and the Participating Cities and to generate Net Import Revenues. The County certifies that in its good faith judgment the contract or other agreement for the delivery of such waste will not materially and adversely affect the ability of the County to receive and dispose of Acceptable Waste from the Participating Cities in accordance with the applicable Disposal Agreements throughout the Term thereof. The term of any such agreement for the • disposal of Imported Acceptable Waste shall end by the later to occur of (i) December 31, 2015 or (ii) the date on which County general purpose revenues are no longer expended to pay debt service on the Orange County Public 14 Sanitary District Execution Copy Financing Authority Lease Revenue Refunding Bonds Series 2005, but in no event later than the last day of the fiscal year commencing July 1, 2015. 0 (D) Self Haulers, The City and the County acknowledge that Self - Haulers shall be entitled to deliver Self- Hauled Waste to the Disposal System, on a non - contract basis, at the Posted Disposal Rate. Such Self - Haulers shall not be entitled to dispose of Acceptable Waste for the Contract Rate. (E) Application and Use of Revenues From Other Users. All revenues received by the County from the disposal of County Acceptable Waste by the Disposal System, and all revenues received by the County from the disposal of Imported Acceptable Waste by the Disposal System, shall be deposited by the County in the County OC Waste & Recycling Enterprise Fund and shall constitute revenues of the Disposal System. Pursuant to the County's Plan of Adjustment, the County is entitled to receive net revenues (after payment of all costs attributable to the acceptance of such Imported Acceptable Waste at the Disposal System) ( "Net Import Revenues ") from the disposal of Imported Acceptable Waste by the Disposal System, and such Net Import Revenues may be used for the payment of bankruptcy related obligations in accordance with the Plan of Adjustment. Costs attributable to the disposal of Imported Acceptable Waste include deposits to the Environmental Fund, deposits to closure and postclosure reserves, City host fees (if applicable), incremental operating costs (such as manpower expenditures, equipment, services and supplies expenditures), state surcharges, and a pro rata share of capital project costs. The parties acknowledge that their intention in detennining to allow the importation of Imported Acceptable Waste for disposal by the Disposal System is to stabilize the Contract Rate at rates below those which would otherwise prevail in the absence of such importation. SECTION 3.7 COUNTY PROVISION OF WASTE DIVERSION SERVICES. (A) County -Wide Recycling Services. This Agreement does not require the County to provide for any source reduction, materials recovery, recycling, composting, or other waste diversion services by the County nor any payment therefor by the City, by Franchise Haulers or by ratepayers; provided, however, any County-Wide Recycling Services may be funded through the County OC Waste & Recycling Enterprise Fund. Any • such recycling services may be expanded, contracted or modified by the County at any time in its sole discretion. (B) Separate City- County Diversion Service Agreements. Nothing in this Agreement is intended to limit the right of the County to enter into a separate agreement with the City or any other person to provide source reduction, materials recovery, recycling, composting or other waste diversion services. Any such program conducted by the County, whether in participation with the City, any other of the Participating Cities, other Cities, Sanitary Districts, Transfer Stations, Independent Haulers, Unincorporated Area or non -County entity, shall be operated, managed and accounted for as a program separate and distinct from the Disposal Services program contemplated by the Disposal Agreements and shall not be funded through the general revenues of the Disposal System. ARTICLE IV CONTRACT RATE SECTION 4.1 CHARGING AND SECURING PAYMENT OF CONTRACT RATE. The City acknowledges that the County shall have the right to charge and collect a Contract Rate for the acceptance and disposal of Controllable Waste delivered to the System by any Franchise Hauler. The Contract Rate shall be calculated and established, and may be modified, as provided in Section 4.2 hereof. In addition, the City acknowledges that the County shall have the right to establish as part of the operating rules and regulations reasonable measures to secure the payment of all Contract Rates. SECTION 4.2 CONTRACT RATE. (A) Establishment of Contract Rate. The Contract Rate payable by each Franchise Hauler shall be (x) $22.00 per ton from the Commencement Date through June 30, 2010, and (y) $29.95 per ton on and after July 1, 2010, in both cases contingent on the delivery to the Disposal System of an amount of Acceptable Waste at • 15 Sanitary District Execution Copy • least equal to the Cumulative Tonnage Targets identified in Appendix 2, and subject to adjustment necessary to reflect the circumstances set forth in this Section 4.2: (i) increased costs incurred by the County (in excess of available insurance proceeds) due to the occurrence of one or more Uncontrollable Circumstances, other than Changes in Law; (ii) costs incurred by the County (in excess of available insurance proceeds and amounts available in the Environmental Fund for such purposes) remediating environmental conditions at the Disposal System or inactive or closed disposal sites in the County, which, if uncorrected, could give rise to potential claims under CERCLA or related federal or state statutes, including costs incurred providing indemnification to any Participating City pursuant to subsection 7.3; or (iii) tonnage shortfalls to the extent permitted by Sections 4.2(B); (iv) average annual inflation prior to July 1, 2010 in excess of the levels set forth in Section 4.2(H) and escalation pursuant to Section 4.2(F) ; (v) increased costs incurred by the County (in excess of available insurance proceeds) due to the occurrence of one or more Changes in Law; or (vi) Capital Costs in excess of the Capital Costs at any point in time during the term hereof exceeding the Cumulative Capital Costs set forth in Appendix 3. Prior to adjusting the Contract Rate as a result of any of the circumstances described in clauses (i), (ii) or (iii) above, the County shall utilize the following remedies in the following order of priority: (x) reduce the costs of operating the Disposal System to the extent practicable; and (y) utilize Unrestricted Reserves to pay costs of the Disposal System. The County will not be required to utilize such remedies prior to adjusting the Contract Rate as a result of any of the circumstances described in clauses (iv), (v) or (vi) above. Any adjustments to the Contract Rate permitted by this Section shall be calculated by the County to reflect the actual costs or expenses of addressing the circumstance or circumstances pursuant to which the adjustment is authorized. The County agrees that it will evaluate the feasibility of long term financing for significant capital costs where appropriate. (B) County Acceptable Waste Shortfall. In the event that the actual amount of County Acceptable Waste delivered to the Disposal System at the end of any Contract Year is less than the Cumulative Tonnage Target for such Contract Year for County Acceptable Waste, as specified in Appendix 2, the County shall utilize the following options, in the following order of priority, in order to remedy any adverse effects of such tonnage shortfall: the Disposal System; (i) reduce the costs of operating the Disposal System to the extent practicable; (ii) utilize Restricted Reserves described in clause (iii) of Section 4.5 to pay costs of (iii) utilize Unrestricted Reserves to pay costs of the Disposal System; and (iv) adjust the Contract Rate. In the event that implementation of the steps described above does not result in sufficient revenues to satisfactorily address the shortfall in tonnage, the County shall have the right to terminate the Agreement on 60 days written 16 Sanitary District Execution Copy notice to the City. In addition, in the event that actual deliveries to the Disposal System exceed the Cumulative Tonnage Target as of the end of any Contract Year, the City acknowledges the County shall have the right to establish reserves intended to reflect the potential for lower than expected annual waste deliveries in subsequent years, and that any such reserves shall constitute "Restricted Reserves ". (C) [RESERVED] (D) Interim Use of Remedies. In the event that, during any Contract Year, waste deliveries to the Disposal System are 25% or more below delivery projections for such Contract Year with the result that the County determines it is unlikely that the Cumulative Tonnage Target will be achieved as of the end of such Contract Year, the County may utilize the remedies described in Section 4.2(B) prior to the end of such Contract Year; provided, however, that if at the end of such Contract Year, the Cumulative Tonnage Target is actually met, the County shall reimburse any adjustments to the Contract Rate made pursuant to this Section to Participating Cities. Such reimbursement may be given as a credit or adjustment to the Contract Rate for future deliveries, rather than a lump sum payment. (E) Special Charges. Notwithstanding Section 4.2(A), the County shall have the right to impose special charges for the receipt of hard to handle materials, such as bulky materials, construction and demolition debris, tree stumps and sludge. Such special charges shall be calculated to reflect the reasonable incremental costs to the County of accepting such hard to handle materials. In addition, in the event that the Board of Supervisors of the County makes a determination to implement a facility (including but not limited to a transfer station, landfill, conversion technology facility, or a materials recovery or processing facility), which facility would be intended to provide for disposal alternatives after the closure of one or more of the landfills currently operating within the Disposal System, the County may impose an additional charge of $0.50 per ton of Acceptable Waste in order to pay the costs of the study, development, planning, construction and/or operation of such facility. Adjustments pursuant to this Section 4.2(E) shall not require compliance with the provisions of Section 4.2(I). 0 (F) Escalation. The Contract Rate shall be adjusted each July 1, beginning July 1, 2011. The change will be equal to the positive percentage change in the Consumer Price Index — All Urban Consumers, U.S. city average, All items, Not Seasonally Adjusted, Series ID CUUR0000SA0 ( "CPI") as measured from the October 21 months prior to the rate adjustment to the October immediately preceding the rate adjustment. For example: The July 1, 2011 rate adjustment shall be based upon the index change from October 2009, to October 2010, referred to as year l and year 2 respectively in the following example . Formula to calculate percentage change in the Contract Rate: Step 1: October Year 2 CPI October Year 1 CPI - 1 = % increase in Contract Rate Step 2: Current Contract Rate x (1+ % increase in Contract Rate) = Contract Rate as of July 1 Year 2 On each April 1, commencing April 1, 2011, the County shall provide the City with notice of the adjustment to the Contract Rate to be effective the following July 1. Such notice shall contain the calculation of the adjustment set forth above. The County will calculate the new Contract Rate each year. In the event that the change in the CPI is negative, no rate adjustment will be made for that year. No adjustment under this Section 4.2(F) will take place until the October CPI index surpasses the index level as of the October immediately preceding the last annual rate adjustment pursuant to this Section 4.1(F), which will be considered "year 1" in calculating the change in the Contract Rate. • 17 Sanitary District Execution Copy • For example, if the CPI is measured as follows: October 2009 = 205, October 2010 = 204, October 2011 = 201, October 2012 = 208, then there would be no adjustment in July 2011, or July 2012, and an adjustment equal to the change from 205 to 208 would be implemented on July 1, 2013. • Adjustments pursuant to this Section 4.2(F) shall not require compliance with the provisions of Section 4.2(I). (G) Adjustment Resulting from Increased Fees. In addition to the other adjustments specified herein, the Contract Rate shall be adjusted to reflect the imposition of new fees or increase in existing fees relating to the disposal of Controllable Waste imposed by state, federal or other agencies (i.e., the State's Integrated Waste Management fee, which is currently $1.40 per ton). The adjustment shall be equal to the amount of any new or increased fee, and the adjustment shall take effect so as to coincide with the imposition of the new or increased fee. The County shall provide notice of any increase pursuant to this Section 4.2(G) as soon as practicable after becoming aware of the imposition of any fees described above. Adjustments pursuant to this Section 4.2(G) shall not require compliance with the provisions of Section 4.2(I). (H) Calculation of Cumulative Inflation Rate. For purposes of Section 4.2(A)(iv) for adjustments prior to July 1, 2011, the inflation shall be calculated as the change in the CPI between July of the year of calculation and July 1, 2008. Inflation shall be deemed to exceed the levels set forth below if the ratio between the CPI for July for the year of calculation (calculated in accordance with the formula below) and July 2008 exceeds the ratio corresponding to such year of calculation on the table below. The ratio shall be calculated in accordance with the following formula: (July CPI of calculation year / CPI for July 2008) Year of Calculation Ratio July 1, 2008 1.0000 July 1, 2009 1.0356 July 1, 2010 1.0723 In the event the CPI is no longer published during the term of this Agreement, such other index identified by the Bureau of Labor Statistics or otherwise generally accepted as a replacement for CPI shall be used for purposes of this Agreement. In the event of an adjustment to the Contract Rate pursuant to this section 4.2(H), such adjustment shall be applied to the Contract Rate effective until June 30, 2010, and the Contract Rate effective July 1, 2010. Adjustments pursuant to this Section 4.2(H) shall not require compliance with the provisions of Section 4.2(I). (I) Procedure for Rate Adjustments. In the event the County determines that it is entitled to an adjustment of the Contract Rate pursuant to Section 4.2(A) (other than 4.2(A)(iv)) or Section 4.2(B), it shall utilize the procedures described in this Section 4.2(I). The County shall be required to provide the City with at least 90 days prior written notice of the adjustment, which notice shall identify the specific event(s) or circumstances which require the adjustment. The notice shall also specify the earliest date on which the County Board of Supervisors shall consider the proposed adjustment. At least 45 days prior to such meeting of the Board of Supervisors, the County shall provide the City with a report which shall contain the following information: a description of the specific event(s) or circumstances which require the adjustment; a description (including cost estimates) of any activities (which may include, but not be limited to capital improvements to the Disposal System) required in order to remedy such event or circumstance; certification by the County that it has implemented the remedies described in Section 4.2(A) or (B) prior to requiring the rate adjustment; and a description of the methodology used by the County to calculate the adjustment to the Contract Rate (hereinafter the "County Report"). In the event the City disputes the adjustment, it shall provide the County with a written description of the reason for the dispute at least 10 days prior to the meeting of the Board of Supervisors identified in the initial notice of the County (hereinafter the "City Report"). The City Report shall be provided to the Board of Supervisors for 18 Sanitary District Execution Copy consideration at such meeting in connection with the proposed rate adjustment. At any time from and after the date that the County provides the City with the County Report, upon the request of either parry, the City and County shall is meet and confer in good faith to resolve any dispute that may arise regarding the proposed adjustment to the Contract Rate. In any such meeting, the County shall be represented by the Director of the Department or his or her designee. In the event the Board of Supervisors approves all or a portion of the proposed rate adjustment, such rate adjustment shall become effective on the date identified in the initial notice sent by the County regardless of whether or not the procedures in Section 4.2(J) are utilized, but subject to potential reimbursement pursuant to clause (11) of Section 4.2(J). (J) Procedure for Expedited Judicial Review of Contested Rate Adjustment. In the event that, within 30 days after the effective date of any Contract Rate adjustment made pursuant to Section 4.2(I), Participating Cities which, in the aggregate, accounted for more than 50% of the County Acceptable Waste delivered to the County System in the twelve months preceding the Contract Rate adjustment, provide notice to the County of their election to utilize the procedures described in this Section 4.2(J), then the provisions of this Section 4.2(J) shall be utilized by such Participating Cities and the County to resolve the dispute over the Contract Rate Adjustment. In the event that Participating Cities which have delivered the amount of waste contemplated in the preceding sentence do not provide notice to the County of such election, the County shall have no obligation to participate in or cooperate in the implementation of the procedures described below in this Section 4.2(J). (1) In order to pursue the expedited judicial determination described in this Section (the "Expedited Rate Determination "), the Participating Cities which have made the election described in the paragraph above (the "Challenging Cities ") must commence a civil action for breach of contract (the "Action ") in the Orange County Superior Court within 45 days of the date on which the Board of Supervisors approves the challenged adjustment to the Contract Rate. (2) Within two (2) days of filing the Action, the Challenging Cities shall personally serve on the County Counsel both the summons and complaint, and a stipulation and request for the entering of an order incorporating all of the procedural provisions relating to the Expedited Rate Determination as set forth in this Section 4.2(J) (such stipulation and request for order is hereinafter referred to as the "Expedited Rate Determination Stipulation"), The Expedited Rate Determination Stipulation shall be signed by each of the Challenging Cities. (3) Within fifteen (15) days of the date of service upon the County of the summons and complaint, and Expedited Rate Determination Stipulation, the County Counsel shall execute the Expedited Rate Determination Stipulation and personally serve upon the Challenging Cities through their counsel of record the Expedited Rate Determination Stipulation and its answer to the complaint in the Action. The Stipulation shall also include a waiver by each of the parties of their right to a jury trial of the issues raised in the Action. The City and the County mutually agree that the duty to execute the Expedited Rate Determination Stipulation and comply with the procedures set forth for Expedited Rate Determination in this Section 4.2(J) shall be, and are hereby deemed to be, ministerial duties which the law specifically enjoins upon each of them, and shall be subject to enforcement by the parties herein pursuant to Code of Civil Procedure Section 1085, et seq., or by means of a complaint for specific performance. (4) Within three (3) days of the date of service by the County upon the Challenging Cities of the fully signed Expedited Rate Determination Stipulation, the County and the Challenging Cities shall jointly make ex parte application to the Orange County Superior Court in the Action for the issuance of the order contained in the Expedited Rate Determination Stipulation. At such ex parte application, the County and the Challenging Cities shall also seek to confirm with the Orange County Superior Court the briefing schedule, and request a hearing date in accordance with the procedures set forth in this Section 4.2(J). (5) Within ten (10) days of the date of service by the County upon the Challenging Cities of the answer in the Expedited Rate Determination, the Challenging Cities shall file with the court and personally serve upon the County the Challenging Cities' opening brief and the Record in the Expedited Rate Determination. The opening brief shall not exceed 15 pages in length. The Record shall consist of, and be limited to, the record of the proceedings before the Board of Supervisors with respect to the adjustment of the Contract Rate, including but not limited to the County Report and the City Report prepared by each or any of the Challenging Cities pursuant to Section 4.2(I), any materials filed or lodged with the Board of Supervisors and the Orange County 19 Sanitary District Execution Copy Waste Commission, the transcript of the proceedings of the Board of Supervisors meeting and the Orange County Waste Commission, the minutes of the Board of Supervisors and the Orange County Waste Commission meeting, and the resolution and/or other documentation evidencing action by the Board of Supervisors and the Orange County Waste Commission to adjust the Contract Rate pursuant to Section 4.2(A) or (B). The record shall also include the most recent reports prepared pursuant to Sections 4.6 and 4.7. The Expedited Rate Determination shall be decided solely on the evidence in the Record, and no extrinsic evidence shall be submitted to or considered by the court. (6) Within ten (10) days of service by the Challenging Cities of their opening brief and the Record, the County shall file and personally serve upon the Challenging Cities the County's opposition brief. The opposition brief shall not exceed 15 pages in length. (7) Within five (5) days of service by the County upon the Challenging Cities of the opposition brief, the Challenging Cities may file and personally serve upon the County a rebuttal brief, which shall not exceed 10 pages in length. (8) The trial of the Expedited Rate Determination shall be conducted as a hearing which shall be conducted at the date set by the court in the ex parte hearing conducted pursuant to Section 4.2(1)(4), or such other date and time ordered by the court. If the court requests the parties to prepare supplemental briefs in response to any question or issue raised by the court, the parties may do so. (9) The standard of review for the Expedited Rate Determination shall be the preponderance of the evidence based upon the Record. The burden of proof shall be borne by the Challenging Cities, and the burden of proof shall be the same as with respect to a plaintiff in a damages action for breach of contract. Both parties have participated in the drafting of this Agreement. Accordingly, nothing set forth in this Agreement shall be interpreted or construed for or against either of the parties as a consequence of their participation in the drafting of this Agreement. (10) The court shall issue its written statement of decision and enter judgment within thirty (30) days of the date of the hearing in the Expedited Rate Determination. (11) If the court determines that any portion of the County's adjusted Contract Rate which is the subject of the Expedited Rate Determination was improperly imposed, the County shall, within 30 days of the date of the statement of decision, reimburse to the City the amount improperly imposed, together with interest calculated at the highest percentage rate that does not constitute usury under California laws. Such reimbursement may be made in the form of a reduction in the Contract Rate for a future period (not to exceed twelve months) reasonably calculated to provide full reimbursement of the amounts described above. (12) If for any reason the court does not sign the order contained in the Expedited Rate Determination Stipulation, the City shall, within 30 days of the court's denial of such requested order, file with the court and personally serve upon the County a motion for summary judgment and/or motion for judgment on the pleadings, in accordance with Code of Civil Procedure Section 437(c) and 438. By executing this Agreement, the parties hereby stipulate that, in the event that the Challenging Cities file such summary judgment motion and/or motion for judgment on the pleadings, the Record shall be deemed to have been incorporated into the complaint and answer filed by the Challenging Cities and the County, and no evidence outside of the Record is relevant or material to the dispute raised in the Expedited Rate Detennination. The briefing schedule and hearing on such motion for summary judgment and/or motion for judgment on the pleadings shall be in accordance with Code of Civil Procedure Section 437(c). The Challenging Cities and the County shall be bound by all of the requirements and restrictions set forth in Section 4.2(J) that are not in conflict with this paragraph (12). (13) In the event that the court both does not sign the order contained in the Expedited Rate Determination Stipulation and either does not hear or does not issue a ruling on the merits on the motion for summary judgment and/or judgment on the pleadings which is dispositive of the issues, claims and causes of action in the complaint filed by the Challenging Cities, the County and the Challenging Cities shall, within twenty days following the issuance of the Court's order or decision not to honor the parties' stipulation or not to hear the parties' motion for summary judgment, make application to the Presiding Judge of the Orange County 20 Sanitary District Execution Copy Superior Court for an expedited hearing or trial date. The Challenging Cities and the County shall be bound by all of the requirements and restrictions set forth in Section 4.2(J) that are not in conflict with this paragraph (13). In this regard, and without limiting the foregoing, the only evidence to be presented at the hearing or trial shall be the Record, no testimony shall be presented at the hearing or trial; and both the County and the Challenging Cities waive all rights to a jury trial, to any reconsideration of the decision of the court, to a new trial after the court renders a decision, and to any appeal or review of the decision of the court. SECTION 4.3 RESPONSIBILITY FOR PAYMENT OF THE CONTRACT RATE. (A) Patent by City. In the event and to the extent (1) the City uses municipal collection forces directly for the haulage of Controllable Waste to the Disposal System or (2) the City uses non - municipal Franchise Haulers for collection but nonetheless elects to pay the Contract Rate from City revenues, the City, as its own Franchise Hauler, shall have direct responsibility for payment of the Contract Rate, and shall take all such budgetary, appropriation and other action as may be necessary to provide for the timely payment of the Contract Rate. Such action may include, depending upon the means authorized by the City to provide for such payment, the levy and collection of general or special taxes, the imposition of benefit assessments, or the collection of user fees, generator charges or other similar impositions for municipal solid waste disposal. The City shall use best efforts in accordance with Applicable Law to levy and impose all such taxes, assessments, fees or charges, and will take all steps, actions and proceedings for the enforcement, collection and payment of all such amounts which shall become delinquent, to the full extent permitted by Applicable Law. To the extent provided in Section 7.5 hereof, the obligation of the City for such Contract Rates shall be limited to amounts in the City's Solid Waste Enterprise Fund. From the Commencement Date to the date of expiration or termination of this Agreement, the obligation to the City to pay the Contract Rate, to the extent the City rather than Franchise Haulers is responsible directly for payment and provided that the Service Covenant has been complied with, shall be absolute and unconditional and shall not be subject to delay or diminution by reason of set -off, abatement, counterclaim, existence of a dispute or otherwise. (B) Payment by Franchise Haulers. With respect to Controllable Waste delivered by Franchise Haulers other than City municipal collection forces, the obligation to pay the Contract Rate shall rest with such Franchise Haulers and not with the City and, unless the City has agreed with the County to be responsible for Franchise Hauler payments, the City shall not be financially responsible for any delay or failure by such Franchise Hauler to pay the Contract Rate or any portion thereof when due. In the event of any such failure, the County and the City shall cooperate with each other and use their best efforts to obtain timely payment. Such efforts by the County may include, as appropriate, requiring cash payments for disposal rights from such Franchise Hauler and bringing a legal proceeding for payment and damages. Such efforts by the City may include, as appropriate, legal proceedings to suspend, revoke or terminate the Franchise Hauler's franchise, permit or license rights. (C) Disputes. If the City or the Franchise Hauler disputes any amount billed by the County in any Billing Statement, the City or the Franchise Hauler shall nonetheless pay the billed amount and shall provide the County with written objection within 30 days of the receipt of such Billing Statement indicating the amount that is being disputed and providing all reasons then known to the City or the Franchise Hauler for any objection to or disagreement with such amount. If the City or the Franchise Hauler and the County are not able to resolve such dispute within 30 days after the City's or the Franchise Hauler's objection, either party may pursue appropriate legal remedies. SECTION 4.4 BILLING OF THE CONTRACT RATE. The County shall continue to bill Contract Rates after the Commencement Date, in the same manner as it has customarily billed tipping fees. Subject to the other provisions of this Agreement, the County shall have the right to modify or amend such manner of billing on reasonable notice to affected parties. SECTION 4.5 RESTRICTED RESERVES. For purposes of this Agreement, "Restricted Reserves" means cash and other reserves of the Disposal System which are restricted to specific uses or are otherwise being reserved by the County to meet its obligations hereunder throughout the term of the Agreement with respect to the Disposal System pursuant to any Applicable Law, contract, adopted budget, budgetary policy of the County with respect to the Disposal System, or other arrangement. Such cash and other reserves are not required to be deposited in separate accounts or funds in order to constitute "Restricted Reserves" hereunder, and may be commingled with 21 Sanitary District Execution Copy Unrestricted Reserves or other funds of the County attributable to the Disposal System. "Restricted Reserves" shall include, but not be limited to, the following: (i) reserves for closure of components of the Disposal System to the extent required by Applicable Law; (ii) amounts reserved by the County for funding of post closure maintenance and monitoring with respect to components of the Disposal System; (iii) reserves established to protect the Disposal System against the adverse financial impact of potential decreases in waste deliveries pursuant to Section 4.2(B); (iv) amounts reserved to pay the costs of capital improvements with respect to the Disposal System; (v) amounts funded from revenues during the early years of the term of the Agreement reserved to enable the County to provide disposal services for the Contract Rate during the later years of the Agreement; (vi) amounts temporarily held by the County prior to payment to the State or other Governmental Bodies pursuant to Applicable Law (including any fees or charges payable to the State Integrated Waste Management Board); (vii) reserves required to meet bond covenants pursuant to financing agreements for Disposal System assets to the extent such amounts must be legally separate and distinct from other reserves identified in this Section; (viii) security deposits from landfill deferred payment program users; (ix) amounts held by the County in the Environmental Fund (provided, however, that such amounts in the Environmental Fund will be made available and used by the County if required to pay costs relating to environmental remediation or other related costs); (x) AB939 surcharges; (xi) amounts held by the County in the Corrective Action Fund held pursuant to CCR Title 27 to demonstrate financial assurance to pay for potential groundwater contamination; and (xii) an amount equal to three months of budgeted expenses for the Disposal System for the current fiscal year, representing working capital of the Disposal System. SECTION 4.6 AUDITED FINANCIAL STATEMENTS. The County shall annually, on or before January 1 each year, prepare or cause to be prepared and have on file for inspection an annual report for the preceding Contract Year, accompanied by a certificate of an independent public accountant or of the County Auditor and Controller as to the examination of the financial statements therein (describing such statements as fairly presenting the information therein in conformity with generally accepted accounting principles) relating to the Disposal System, the Disposal Services, and the fiscal activities of the County OC Waste Disposal Enterprise Fund, and including statements in reasonable detail of the financial condition of the County OC Waste Disposal Enterprise Fund as of the end of the Contract Year and revenue and expenses for the Contract Year. SECTION 4.7 ANNUAL UPDATE OF TEN -YEAR FINANCIAL PROJECTION. The County shall annually, on or before May I of each year, prepare or cause to be prepared, an updated Ten -Year Financial Projection for the Disposal System. Said Financial Projection shall include at least two full years of prior actual data and ten years of future projections including the following elements: 22 Sanitary District Execution Copy County Acceptable Waste, in tons; 0 2. Imported Acceptable Waste, in tons; Revenues and expenditures: 4. Cash fund balances, including all monies in the County Solid Waste Enterprise Fund, with specific delineation of monies in the Environmental Fund, Restricted Reserves, Unrestricted Reserves, and all other funds of the System. Projected liabilities for closure and post closure as well as reasonable reserves for other environmental costs. The purpose of the Ten -Year Financial Projection is to keep the City fully informed about the future financial condition of the Disposal System. The County shall cause a copy of the Ten -Year Financial Projection to be delivered to the City Manager of the City no later than May 1 of each year. Upon request, the County shall make available to the Cities supporting information related to the ten -year financial projection ARTICLE V BREACH, ENFORCEMENT AND TERMINATION SECTION 5.1 BREACH. The parties agree that in the event either party breaches any obligation under this Agreement or any representation made by either party hereunder is untrue in any material respect, the other party shall have the right to take any action at law or in equity (including actions for injunctive relief, mandamus and specific performance) it may have to enforce the payment of any amounts due or the performance of any obligations to be performed hereunder. Neither party shall have the right to terminate this Agreement except as provided in Section 5.2 and Section 5.3 hereof or as otherwise provided in this Agreement. SECTION 5.2 CITY CONVENIENCE TERMINATION. The City shall have the right to terminate this Agreement in its sole discretion, for its convenience and without cause at any time during the Term hereof upon 90 days' written notice to the County. If the City exercises its rights to terminate the Agreement pursuant to this Section, the City shall pay the County a termination fee equal to the Contract Rate in effect at the time of such termination (or any higher rate with respect to which the County has provided notice pursuant to Section 4.2) multiplied by the number of tons of City Acceptable Waste delivered to the Disposal System during the preceding twelve months (or, if the City had been in breach of the Waste Disposal Covenant during such prior months, such amount as would have been delivered if the City had complied with the Waste Disposal Covenant), multiplied by the number of years remaining in the Term of the Agreement. SECTION 5.3 TERMINATION. (A) By City. Except as expressly provided herein, the City shall have no right to terminate this Agreement for cause except in the event of the repeated failure or refusal by the County substantially to perform any material obligation under this Agreement unless such failure or refusal is excused by an Uncontrollable Circumstance; except that no such failure or refusal shall give the City the right to terminate this Agreement for cause under this subsection unless: (1) The City has given prior written notice to the County stating that a specified failure or refusal to perforn exists which will, unless corrected, constitute a material breach of this Agreement on the part of the County and which will, in its opinion, give the City the right to terminate this Agreement for cause under this subsection unless such breach is corrected within a reasonable period of time, and (2) The County has neither challenged in an appropriate forum (in accordance with Section 5.5) the City's conclusion that such failure or refusal to perform has occurred or constitutes a material breach of this Agreement nor corrected or diligently taken steps to correct such breach within a reasonable period of • time not more than 90 days from the date of the notice given pursuant to clause (1) of this subsection (but if the 23 Sanitary District Execution Copy County shall have diligently taken steps to correct such breach within such reasonable period of time, the same shall not constitute a breach giving rise to the right of termination for as long as the County is continuing to take such steps to correct such breach). (B) By County. Except as expressly provided herein, the County shall have no right to terminate this Agreement for cause except in the event of the repeated failure or refusal by the City substantially to perform any material obligation under this Agreement unless such failure or refusal is excused by an Uncontrollable Circumstance; except that no such failure or refusal shall give the County the right to terminate this Agreement for cause under this subsection unless: (1) The County has given prior written notice to the City stating that a specified failure or refusal to perform exists which will, unless corrected, constitute a material breach of this Agreement on the part of the City and which will, in its opinion, give the County right to terminate this Agreement for cause under this subsection unless such breach is corrected within a reasonable period of time, and (2) The City has neither challenged in an appropriate forum (in accordance with Section 5.5) the County's conclusion that such failure or refusal to perform has occurred or constitutes a material breach of this Agreement nor corrected or diligently taken steps to correct such breach within a reasonable period of time not more than 90 days from the date of the notice given pursuant to clause (1) of this subsection (but if the City shall have diligently taken steps to correct such breach within such reasonable period of time, the same shall not constitute a breach giving rise to the right of termination for as long as the City is continuing to take such steps to correct such breach). SECTION 5.4 NO WAIVERS. No action of the County or the City pursuant to this Agreement (including, but not limited to, any investigation or payment), and no failure to act, shall constitute a waiver by either party of the other party's compliance with any term or provision of this Agreement. No course of dealing or delay by the County or the City in exercising any right, power or remedy under this Agreement shall operate as a waiver thereof or otherwise prejudice such party's rights, powers and remedies. No single or partial exercise of (or failure to exercise) any right, power or remedy of the County or the City under this Agreement shall preclude any other or further exercise thereof of the exercise of any other right, power or remedy. SECTION 5.5 FORUM FOR DISPUTE RESOLUTION. It is the express intention of the parties that all legal actions and proceedings related to this Agreement or to the Disposal System or to any rights or any relationship between the parties arising therefrom shall be solely and exclusively initiated and maintained in courts of the State of California having appropriate jurisdiction. ARTICLE VI TERM SECTION 6.1 EFFECTIVE DATE AND TERM. (A) Initial Term. This Agreement shall become effective, shall be in full force and effect and shall be legally binding upon the City and.the County from the Contract Date and shall continue in full force and effect until June 30, 2020, unless earlier terminated in accordance with its terms, in which event the Term shall be deemed to have expired as of the date of such termination. (B) Option to Renew. This Agreement shall be subject to renewal by mutual agreement of the parties, on or before June 30, 2018, for an additional term of ten years (the "Renewal Term ") on the same terms and conditions as are applicable during the Initial Term hereof. The City shall give the County written notice of its irrevocable election to renew this Agreement on or before June 30, 2017. If the parties do not renew this Agreement by June 30, 2018, the Agreement shall expire on June 30, 2020. (C) Contract Rate During Renewal Term. In connection with the parties' right to renew this Agreement for an additional ten -year term pursuant to Section 6.1(B), the parties shall, on or before June 30, 2018, negotiate an applicable change in the Contract Rate for such renewal tern. In determining any revisions to the 24 Sanitary District Execution Copy Contract Rate to be applicable during any renewal period, in addition to the circumstances described in Section 4.2(A), the parties may take into consideration the following parameters, including but not limited to: 0 (i) actual cost of operations; (ii) population growth; (iii) increase or decrease in available tonnage; (iv) economic and disposal market conditions in the Southern California region; (v) changes in transportation and technology; (vi) closure and expansion of nearby landfills; (vii) capacity of the Disposal System; and (viii) available reserves which are in excess of the amount reasonably required as reserves. (D) Survival, Accrued Rights. The rights and obligations of the parties hereto pursuant to Sections 3.1(E)(2), 5.1, 5.3, 5.5, 7.2, 7.3, 7.5, 7.7, 7.8, 7.9, and 7.10 hereof shall survive the termination or expiration of this Agreement, and no such termination or expiration shall limit or otherwise affect the respective rights and obligations of the parties hereto accrued prior to the date of such termination or expiration. At the end of the Term of this Agreement, all other obligations of the parties shall terminate. SECTION 6.2 COMMENCEMENT DATE. (A) Obligations of the Parties Prior to the Commencement Date. The parties acknowledge that the Disposal Agreements may be executed and delivered on different dates and that, except as provided in this subsection, neither the County nor the City shall be obligated to perform its obligations hereunder until the participation threshold provided herein has been met and the other conditions to the occurrence of the Commencement Date have occurred. Prior to the Commencement Date, each party hereto shall at its own expense exercise good faith and due diligence and take all steps within its reasonable control in seeking to satisfy the conditions to the Commencement Date set forth herein as soon as reasonably practicable. The County and the City, each at its own expense, shall cooperate fully with each other and the other Participating Cities in connection with the foregoing undertaking. Until the Commencement Date occurs, the Original WDAs shall remain in full force and effect. (B) Condition to the Commencement Date. The Commencement Date for the Agreement shall be the date on which the percentage of the County's Acceptable Waste attributable to Participating Cities which have executed and delivered Disposal Agreements shall exceed 85% percent (using the percentage rates attributed to such Cities in Appendix 1). Unincorporated County is assumed to be a Participating City for the purposes of determining the Commencement Date in accordance with this Section 6.2(b) and Appendix I of this Agreement. (C) Satisfaction of Condition and Commencement Date. Upon the satisfaction or waiver of the condition to the Commencement Date, the County shall give written notice thereof to the cities which have theretofore executed Disposal Agreements. The parties shall thereupon hold a formal closing acknowledging the satisfaction or waiver of the condition to the Commencement Date, certifying that the Commencement Date has occurred and designating the Participating Cities. Copies of all of the documents or instruments constituting or evidencing satisfaction of the Commencement Date conditions shall be furnished to each party prior to or on the Commencement Date. • 25 Sanitary District Execution Copy . (D) Newly Incorporated Cities. Any city within Orange County which becomes incorporated after the Commencement Date shall upon request be offered the opportunity by the County to become a Participating City. If any such City executes a Disposal Agreement and meets the applicable condition provided in subsection 6.2(B) hereof within 180 days following the date of its municipal incorporation, then such City shall be entitled to execute a Waste Disposal Agreement on substantially the same terms and conditions as this Agreement (including the Contract Rate), notwithstanding the limitations contained in Section 3.6(B). (E) Failure of Condition. If by [120 DAYS AFTER BOARD APPROVAL], or such later date as the County may agree, the condition to the Commencement Date specified in this Section is not satisfied, either party hereto may, by notice in writing to the other parry, terminate this Agreement. Neither party shall be liable to the other for the termination of this Agreement pursuant to this subsection, and each of the parties shall bear its respective costs and expenses incurred in seeking to satisfy the condition to the Commencement Date. Notwithstanding anything in this Agreement to the contrary, in the event that this Agreement is terminated pursuant to this Section, the provisions of the Original WDA shall remain in full force and effect on the terms and conditions set forth therein. ARTICLE VII GENERAL PROVISIONS SECTION 7.1 OPERATION AND MAINTENANCE OF THE DISPOSAL SYSTEM. The County, at its cost and expense through the County Solid Waste Enterprise Fund, shall at all times operate, or caused to be operated, the Disposal System in accordance with Applicable Law and the operating rules and regulations of the Department. SECTION 7.2 UNCONTROLLABLE CIRCUMSTANCES GENERALLY. ® (A) Performance Excused. Except as otherwise specifically provided in this Agreement, neither the County nor the City shall be liable to the other for any failure or delay in the performance of any obligation under this Agreement (other than any payment at the time due and owing) to the extent such failure or delay is due to the occurrence of an Uncontrollable Circumstance. (B) Notice, Mitigation. The party experiencing an Uncontrollable Circumstance shall notify the other party by telecommunication or telephone and in writing, on or promptly after the date the party experiencing such Uncontrollable Circumstance first knew of the commencement thereof, followed within 15 days by a written description of (1) the Uncontrollable Circumstance and the cause thereof (to the extent known), (2) the date the Uncontrollable Circumstance began and the cause thereof, its estimated duration, the estimated time during which the performance of such party's obligations hereunder will be delayed, (3) the estimated amount, if any, by which the Contract Rate may need to be adjusted as a result of such Uncontrollable Circumstance, (4) its estimated impact on the other obligations of such party under this Agreement and (5) potential mitigating actions which might be taken by the County or City and any areas where costs might be reduced and the approximate amount of such cost reductions. Each party shall provide prompt written notice of the cessation of such Uncontrollable Circumstance. Whenever such act, event or condition shall occur, the parry claiming to be adversely affected thereby shall, as promptly as reasonably possible, use its best efforts to eliminate the cause therefor, reduce costs and resume performance under this Agreement. In addition, with respect to Changes in Law, the County shall diligently' contest any such changes the imposition of which would have a material adverse impact on the Disposal System. While the delay continues, the County or City shall give notice to the other party, before the first day of each succeeding month, updating the information previously submitted. (C) Impact on Contract Rate. If and to the extent that Uncontrollable Circumstances interfere with, delay or increase the cost to the County of meeting its obligations hereunder and providing Disposal Services to the Participating Cities in accordance herewith, the County shall be entitled to an increase in the Contract Rate as provided in Section 4.2 herein or an extension in the schedule for performance equal to the amount of the increased cost or the time lost as a result thereof. The proceeds of any insurance available to meet any such increased cost shall be applied to such purpose prior to any determination of cost increases payable under this subsection. Any cost reductions achieved through the mitigating measures undertaken by the County pursuant to subsection 7.2(B) hereof upon the occurrence of an Uncontrollable Circumstance shall be reflected in a reduction of the amount by which the 26 Sanitary District Execution Copy Contract Rate would have otherwise been increased or shall serve to reduce the Contract Rate to reflect such mitigation measures, as applicable. SECTION 7.3 INDEMNIFICATION. To the extent permitted by law, the County agrees that, it will protect, indemnify, defend and hold harmless the City from and against all Loss- and - Expense arising from the City's activity as an "arranger" (for purposes of and as such term is defined under CERCLA or comparable state statutes) of municipal solid waste disposal pursuant to this Agreement. In the event the City shall determine that because of conflict or any other reason that it wishes to be defended by legal counsel other than the legal counsel provided by the County, the cost of providing such legal counsel shall be the City's sole responsibility. The City acknowledges the County's legitimate interest in actively participating in any defense, litigation or settlement whether the County or the City provides legal counsel. Any costs incurred by the County pursuant to this Section shall be considered an Uncontrollable Circumstance cost and the County shall be entitled to adjust the Contract Rate as provided in subsection 4.2(A) herein. The County shall not, however, be required to indemnify or defend the City from and against all Loss - and - Expense arising from any willful, knowing, illegal or negligent disposal of hazardous waste (other than incidental amounts of Household Hazardous Waste commonly found in municipal solid waste and permitted to be disposed in Class III landfills under RCRA) which violates the County's landfill permits or Applicable Law. The parties agree that this provision constitutes an indemnity under CERCLA (to the extent of the specific provisions of this Section). The parties acknowledge that this subsection is not intended to and does not create any obligation on the part of the County to provide any indemnification or defense to any Franchise Hauler, whether franchised or not, or any Independent Hauler or Transfer Station, under any circumstances. The City acknowledges the County's legitimate interest in actively participating in any defense, litigation or settlement, and shall, as a condition to this indemnity, coordinate fully with the County in the defense. SECTION 7.4 RELATIONSHIP OF THE PARTIES. Neither party to this Agreement shall have any responsibility whatsoever with respect to services provided or contractual obligations or liabilities assumed by the other party hereto, whether accrued, absolute, contingent or otherwise, or whether due or to become due. The County is an independent contractor of the City and nothing in this Agreement shall be deemed to constitute either party a partner, agent or legal representative of the other party or to create any fiduciary relationship between the parties. 0 SECTION 7.5 LIMITED RECOURSE. (A) To the City. Except in the event the City has not established or maintained a City Solid Waste Enterprise Fund, no recourse shall be had to the general funds or general credit of the City for the payment of any amount due the County hereunder, or the performance of any obligation incurred hereunder, including any Loss - and- Expense of any nature arising from the performance or non - performance of the City's obligations hereunder. The sole recourse of the County for all such amounts shall be to the funds held in any such Solid Waste Enterprise Fund. All amounts held in any City Solid Waste Enterprise Fund shall be held for the uses permitted and required thereby, and no such amounts shall constitute property of the County. The City shall make adequate provision in the administration of any City Solid Waste Enterprise Fund for the payment of any amount or the performance of any obligation which may be due hereunder. (B) To the County. No recourse shall be had to the general funds or general credit of the County for the payment of any amount due the City hereunder, or the performance of any obligation incurred hereunder, including any Loss - and - Expense of any nature arising from the performance or non - performance of the County's obligations hereunder. The sole recourse of the City for all such amounts shall be to the funds held in the County Solid Waste Enterprise Fund in accordance with the terms of this Agreement. All amounts held in the County Solid Waste Enterprise Fund shall be held for the uses permitted and required thereby, and no such amounts shall constitute property of the City. The County shall make adequate provision in the administration of the County Solid Waste Enterprise Fund for the payment of any amount or the performance of any obligation which may be due hereunder. SECTION 7.6 PRE - EXISTING RIGHTS AND LIABILITIES. Nothing in this Agreement is intended to affect, release, waive or modify any rights, obligations or liabilities which any party hereto may have to or against the other party as of the Contract Date relating to the disposal of waste in the Disposal System or any other related 40 matter. 27 Sanitary District Execution Copy • SECTION 7.7 NO VESTED RIGHTS. The City shall not acquire any'vested property, license or other rights in the Disposal System by reason of this Agreement. • SECTION 7.8 LIABILITY FOR COLLECTION, TRANSPORTATION AND PROCESSING. Any liability incurred by the City as a result of collecting Acceptable Waste or processing it for diversion from landfill, or as a result of causing, franchising, permitting, licensing, authorizing or arranging any of the foregoing, shall be its sole liability, except as expressly otherwise provided herein. SECTION 7.9 NO CONSEQUENTIAL OR PUNITIVE DAMAGES. In no event shall either party hereto be liable to the other or obligated in any manner to pay to the other any special, incidental, consequential, punitive or similar damages based upon claims arising out of or in connection with the performance or non- performance of its obligations or otherwise under this Agreement, or the material inaccuracy of any representation made in this Agreement, whether such claims are based upon contract, tort, negligence, warranty or other legal theory. SECTION 7.10 AMENDMENTS. Neither this Agreement nor any provision hereof may be changed, modified, amended or waived except by written agreement duly authorized and executed by both parties. SECTION 7.11 NOTICE OF LITIGATION. Each party shall deliver written notice to the other of any Legal Proceeding to which it is a party and which questions the validity or enforceability of this Agreement executed by the City or the County or any Legal Entitlement issued in connection herewith. SECTION 7.12 FURTHER ASSURANCES. At any and all times the City and the County so far as may be authorized by law shall pass, make, do, execute, acknowledge and deliver any and every such further resolutions, acts, deeds, conveyances, instruments, assignments, transfers and assurances as may be necessary or reasonably requested by the other in order to give full effect to this Agreement. SECTION 7.13 ASSIGNMENT OF AGREEMENT. (A) Assi nment. Neither this Agreement.nor any of the rights or obligations hereunder may be assigned by either party hereto without the prior written consent of the other party, which may be withheld in the other party's sole discretion. Notwithstanding the foregoing, either party may assign this Agreement to another public entity, subject to the reasonable consent of the other party. In such circumstances the party not requesting the assignment shall have the right to demand assurances of the financial, technical and legal ability of the proposed assignee to undertake the responsibilities and obligations of the assigning party. (B) Sale. The County shall not enter into any agreement for the sale of the Disposal System which provides for an effective date for such sale prior to the termination of this Agreement. SECTION 7.14 INTEREST ON OVERDUE OBLIGATIONS. Except as otherwise provided herein, all amounts due hereunder, whether as damages, credits, revenue or reimbursements, that are not paid when due shall bear interest at the Overdue Rate on the amount outstanding from time to time, on the basis of a 365 -day year, counting the actual number of days elapsed, and all such interest accrued at any time shall,. to the extent permitted by Applicable Law, be deemed added to the amount due, as accrued. SECTION 7.15 BINDING EFFECT, This Agreement shall bind and inure to the benefit of the parties hereto and any successor or assignee acquiring an interest hereunder consistent with the provisions of Section 7.13 hereof. SECTION 7.16 NOTICES. Any notice or communication required or permitted hereunder shall be in writing and sufficiently given if delivered in person or sent by certified or registered mail, postage prepaid, to the notice address of the respective parties set forth on the cover page of this Agreement. Changes in the respective addresses to which such notices may be directed may be made from time to time by any party by notice to the other party. 28 Sanitary District Execution Copy IN WITNESS WHEREOF, COUNTY and CITY have caused this Agreement to be executed by their duly authorized officers or representatives as of the day and year first above written. 0 COUNTY OF ORANGE Date By Director, OC Waste & Recycling Date By [NAME] Sanitary District Representative Costa Mesa Sanitary District Date By [NAME] Sanitary District Representative Costa Mesa Sanitary District APPROVED AS TO FORM: COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA Date 29 Sanitary District Execution Copy • . r • n 0 Sanitary District Execution Copy APPENDIX 1 ESTIMATED ANNUAL TONNAGE APPENDIX 1 PERCENTAGE OF COUNTY ACCEPTABLE WASTE ATTRIBUTABLE TO PARTICIPATING CITIES FOR PURPOSE OF SECTION 6.2(b) Jurisdiction Percentage of County Acceptable Waste Anaheim 13.4% Santa Ana 10.6% Irvine 7.5% Huntington Beach 6.0% Orange 5.8% Garden Grove 5.1% Fullerton 4.5% Unincorporated Orange County 4.3% Costa Mesa 3.6% Newport Beach 3.0% Lake Forest 2.6% Buena Park 2.5% Mission Viejo 2.3% Westminster 2.3% Yorba Linda 2.3% Brea 2.1% Tustin 2.0% Cypress 1.9% La Habra 1.8% San Clemente 1.7% Fountain Valley 1.6% Laguna Niguel 1.6% Placentia 1.6% San Juan Capistrano 1.6% Laguna Beach 1.4% Dana Point 1.2% Stanton 1.1% Rancho Santa Margarita 1.0% Laguna Hills 0.9% Seal Beach 0.8% Aliso Viejo 0.7% Los Alamitos 0.5% La Palma 0.3% Laguna Woods 0.2% Villa Park 0.2% Total 100% (1) Unincorporated County is assumed to be a Participating City for the purposes of determining the Commencement Date in accordance with Section 6.2(b) of this Agreement. (2) A Participating City will only be included for purposing of determining the Commencement Date upon (i) execution of a Waste Disposal Agreement by that Participating City and (ii) execution of a Hauler Acknowledgement(s) by the Franchise Hauler(s) operating within such Participating City Sanitary District Execution Copy S, I 1 • L_J r L` • • Sanitary District Execution Copy APPENDIX 2 CUMULATIVE TONNAGE TARGETS APPENDIX 2 Cumulative County Acceptable Waste Tonnage Target to be Used for Purposes of Section 4.2 (B) Fiscal Year FY 2008 -09 FY 2009 -10 FY 2010 -11 FY 2011 -12 FY 2012 -13 FY 2013 -14 FY 2014 -15 FY 2015 -16 FY 2016 -17 FY 2017 -18 FY 2018 -19 FY 2019 -20 Sanitary District Execution Copy County Acceptable Waste Cumulative County Tonnage Acceptable Waste Tonnage 3,1 70,387 3,170,387 3,092,806 6,263,193 3,185,590 9,448,783 3,344,870 12,793,653 3,445,216 16,238,869 3,514,120 19,752,989 3,549,262 23,302,251 3,565,608 26,867,859 3,582,033 30,449,892 3,598,535 34,048,427 3,615,115 37,663,542 3,631,774 41,295,316 S � r� • • S e • • • APPENDIX 3 CUMULATIVE CAPITAL COSTS to be Used for Purposes of Section 4.2(A)vi Fiscal Year (ending June 30 Annual Capital Costs Cumulative Capital Costs 2009 $37,939,538 $37,939,538 2010 $59,343,405 $97,282,943 2011 $10,433,978 $107,716,921 2012 $13,678,113 $121,395,034 2013 $17,525,040 $138,920,074 2014 $11,259,518 $150,179,592 2015 $37,682,758 $187,862,350 2016 $5,068,800 $192,931,150 2017 $10,662,265 $203,593,415 2018 $29,397,698 $232,991,113 2019 $8,263,795 $241,254,908 2020 $45,103,805 $286,358,713 Sanitary District Execution Copy APPENDIX 4 FORM OF HAULER ACKNOWLEDGMENT Sanitary District Execution Copy 5 x • • C] e FRANCHISE HAULER ACKNOWLEDGMENT THIS FRANCHISE HAULER ACKNOWLEDGMENT, dated as of , 2009 (the "Acknowledgment "), by and between the City of (the "City") and (the "Franchise Hauler "). WITNESSETH [WHEREAS, the City and the Franchise Hauler have heretofore entered into an agreement entitled dated as of (the "Franchise "); and[ [WHEREAS, the City has issued to the Franchise Hauler a permit, license, approval or other authorization the "Authorization ") which allows the Franchise Hauler to provide solid waste collection services within the City; and] ] [WHEREAS, the Franchise [SUBSTITUTE "AUTHORIZATION" THROUGHOUT IF APPLICABLE]] provides for the collection and disposal of certain municipal solid waste as described therein ( "Franchise Waste ") generated within the City; and] WHEREAS, Orange County (the "County") owns, manages and operates a sanitary landfill disposal system for municipal solid waste generated within the County; and WHEREAS, the City and the County have heretofore entered into a Waste Disposal Agreement, dated as of , 2008 (the "Disposal Agreement ") determining that the execution of such Disposal Agreement will serve the public health, safety and welfare of the residents of the City and County, by maintaining public ownership • and stewardship over the Orange County Landfill Disposal System (the "Disposal System "); and WHEREAS, under the Disposal Agreement, the County has agreed to provide long -term disposal of all municipal solid waste generated within the City and the City has agreed to exercise all legal, and contractual power which it possesses from time to time to deliver or cause the delivery of such waste to the Disposal System; and WHEREAS, the provisions of the Waste Disposal Agreement which guarantee capacity for the long term disposal of waste at specified rates generated in the City provide significant benefits to the Franchise Hauler; WHEREAS, notwithstanding any Franchise provisions to the contrary, the Franchise Hauler explicitly acknowledges the aforementioned benefits to the City, the County and the Franchise Hauler in providing for the disposal of all Franchise Waste to the Disposal System; and WHEREAS, the City and the Franchise Hauler desire to enter into this Acknowledgment to assure that the City and the Franchise Hauler will be entitled to the benefits of the Waste Disposal Agreement and to assure conformity with the waste delivery obligations which have been agreed to by the City under the Disposal Agreement through the delivery of waste by the Franchise Hauler to the Disposal System; and WHEREAS, the Franchise Hauler's agreement to deliver Franchise Waste to the Disposal System under this Acknowledgment is given in consideration of the Franchise Hauler's right to receive the Contract Rate for such disposal as provided in the Disposal Agreement. NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto, intending to be legally bound hereby, agree as follows: 1. Capitalized terms used and not otherwise defined herein are used as defined in the Disposal Agreement. Sanitary District Execution Copy 2. The Franchise Hauler hereby waives any right which it may possess under applicable law to contest on any ground, constitutional, statutory, case law, administrative or otherwise, (a) the right, power or authority of the County or the City to enter into or perform their respective obligations under the Disposal Agreement, (b) the enforceability against the County or the City of the Disposal Agreement, or (c) the right, power or authority of the City to deliver or cause the delivery of all Controllable Waste to the Designated Disposal Facility in accordance with this Acknowledgment. 3. The City and the Franchise Hauler each hereby represent that this Acknowledgment has been duly authorized by all necessary action of their respective governing bodies. 4. The Franchise Hauler shall deliver or cause to be delivered all Controllable Waste (including all residue from the processing by any means, wherever conducted, of Controllable Waste), to the Disposal System, and shall otherwise assist the City in complying with its obligations under the Waste Disposal Covenant in Section 3.1 of the Disposal Agreement. 5. The Franchise Hauler shall not haul Controllable Waste to any materials recovery facility, composting facility, intermediate processing facility, recycling center, transfer station or other waste handling or management facility unless the contract or other agreement or arrangement between the Franchise Hauler and the operator of such facility is sufficient in the opinion of the County to assure that the Residue from such facility constituting City Acceptable Waste (or Tonnage equivalencies) and the City Acceptable Waste transferred by such facility shall be delivered to the Designated Disposal Facility in compliance with the Waste Disposal Covenant. 6. The Franchise Hauler shall pay the Contract Rate imposed by the County at the Designated Disposal Facility for the disposal of all Controllable Waste, which rate shall be subject to potential adjustment necessary to reflect the circumstances set forth in the Disposal Agreement. 7. Nothing in this Acknowledgment is intended to restrict any right or responsibility explicitly given the Franchise Hauler in the Franchise to recycle City Acceptable Waste, except as provided in paragraph 5 above with respect to Residue from any such recycling operations. 8. The obligations of the Franchise Hauler under this Acknowledgment shall apply notwithstanding any provision of the Franchise which may conflict herewith. 9. This Acknowledgment may be enforced by the City by any available legal means. In any enforcement action by the City, the burden of proof shall be on the Franchise Hauler to demonstrate compliance herewith. 10. This Acknowledgment shall be in full force and effect and shall be legally binding upon the City and Franchise Hauler from the dated hereof and shall continue in full force and effect until the earlier of (i) the end of the term of the Franchise or (ii) the end of the term of the Disposal Agreement. 11. The City and Hauler agree that the County shall be an express third party beneficiary of this Acknowledgment, and shall be entitled to independently enforce the obligations of the Franchise Hauler hereunder. 12. The Hauler agrees to assist the County in verifying tonnage collected by the Franchise Hauler and providing information required by the County. Hauler will provide upon request refuse tonnage collected within the County, and outside the County (if relevant to confirming tonnage origination), separated by jurisdiction, by load type (residential, commercial, roll -off box), and by facility to which it was delivered (specify which landfill or transfer station). Hauler will provide customer service levels and route lists. Hauler will cooperate with County audits to verify reported origin of tonnage by making records and personnel available to the County and/or its auditors. i Sanitary District Execution Copy • 0 IN WITNESS WHEREOF, the parties have caused this Acknowledgment to be executed by their duly authorized officers or representatives as of day of , 2008. Sanitary District Execution Copy CITY OF Signature: Printed Name: Title: (Franchise Hauler) Signature: Printed Name: Title: � � m RESOLUTION OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA March 24, 2009 WHEREAS, OC Waste & Recycling manages the County's three active municipal solid waste landfills, 21 former disposal sites and four household hazardous waste disposal centers; and WHEREAS, among other things, the purpose of the California Integrated Waste Management Act of 1989 (the "Act ") is to reduce, recycle, and reuse solid waste generated in the State to the maximum extent feasible in an efficient and cost effective manner; and WHEREAS, the Act provides that local government agencies may determine the aspects of solid waste handling which are of local concern, including, but not limited to, frequency of collection, means of collection, transportation, level of services, charges and fees, nature, 0 location, and extent of providing solid waste handling services; and WHEREAS, on April 8, 1997, this Board of Supervisors approved the forms of waste disposal agreements to be entered into with Orange County cities, sanitary districts and waste haulers and established certain fees; and WHEREAS, such waste disposal agreements were effective on July 1, 1997, and are scheduled to expire on June 10, 2010; and WHEREAS, currently 31 cities, four sanitary districts (which include three cities) and 13 waste haulers are parties to waste disposal agreements with the County; and WHEREAS, presented to this Board and on file with the Clerk of the Board are the following revised forms of waste disposal agreements: e WASTE DISPOSAL AGREEMENT between the County of Orange and • individual Orange County cities and sanitary districts (the "City /Sanitary District Resolution No. 09 -036, Item No. 39 Page 1 of 5 Resolution of the Board of Supervisors of the County of Orange approving the Forms of Waste Disposal Agreements and Establishing the Contract Rate and Gate Fees Waste Disposal Agreement "); ® WASTE DISPOSAL AGREEMENT between the County of Orange and certain eligible Facility Operators (the "Eligible Facility Operators ") of solid waste in the County of Orange (the "Facility Operator Waste Disposal Agreement). WHEREAS, the public interest, health, and safety are benefited by the approval of the forms of Waste Disposal Agreements and the adoption of the fees provided for herein; and WHEREAS, this Board of Supervisors is authorized to establish fees for the collection, handling, and disposal of solid waste; and WHEREAS, applicable law requires this Board of Supervisors to hold at least one open and public meeting, at which oral or written presentation can be made, as part of a regularly scheduled meeting; and WHEREAS, notice as required by law has been published in a newspaper of general circulation; and WHEREAS, this Board of Supervisors has conducted a public hearing; NOW, THEREFORE, BE IT RESOLVED that this Board of Supervisors does hereby find and determine: 1. This Board of Supervisors (this "Board ") hereby finds and determines that compliance with the California Environmental Quality Act (CEQA) for the Waste Disposal Agreements is satisfied by the following previously certified environmental documents: • Final EIR 523, certified by your Board on March 10, 1992, for the expansion of the Olinda Alpha Landfill. • Final EIR 588, certified by your Board on April 17, 2007, for the expansion of the Olinda Alpha Landfill. Page 2 of 5 �t t LJ C7 • o Final EIR 604, certified by your Board on August 15, 2006, for the expansion ® of the Frank R. Bowerman Landfill. o Final EIR 575, certified by your Board on November 6, 2001 for the 2001 General Development Plan for the Prima Deshecha Landfill. 2. This Board hereby finds and determines that the approval of the forms of Waste Disposal Agreements and execution by the County will serve the public interest, health, safety and welfare by providing a more stable, predictable and reliable supply of municipal solid waste and the resulting service payment revenue to the County waste enterprise system, thereby enabling the County to plan, manage, operate, and finance improvements to the system on a more prudent and sound long term, businesslike basis consistent with its obligations to the State and the holders of obligations secured by its waste disposal system. 3. This Board hereby finds and determines that the Waste Disposal Agreements will further promote the statutory goals of solid waste reduction, recycling, and reuse to the maximum extent feasible in an efficient and cost effective manner. 4. The form of City Waste Disposal Agreement is hereby approved. The Director of OC Waste & Recycling or designee (the "Director's is hereby authorized and directed for, in the name and on behalf of the County to execute the City Waste Disposal Agreement with Orange County cities approving such Agreement, provided however, that such city approval and execution thereof shall occur on or before July 22, 2009. 5. The form of Sanitary District Waste Disposal Agreement is hereby approved. The Director is hereby authorized and directed for, in the name and on behalf of the County to execute the Sanitary District Waste Disposal Agreement with Page 3 of 5 0 7 8. • � c Orange County Sanitary District approving such Agreement, provided however, • that such Sanitary District approval and execution thereof shall occur on or before July 22, 2009. The form of Facility Operator Waste Disposal Agreement is hereby approved. The Director is hereby authorized and directed for, in the name and on behalf of the County to execute the Facility Operator Agreement with Eligible Facility Operators approving such Agreement, provided however, that such Eligible Facility Operators approval and execution thereof shall occur on or before July 22, 2009. Subject to paragraph 8 and the terms of the Waste Disposal Agreements, the Waste Disposal Agreement contract rate of $29.95 per ton and the posted disposal rate of $34.95 per ton, exclusive of the $19.00 per ton AB 939 surcharge 0 established pursuant to this Board's Resolution No. 06 -070, are hereby approved. Both the contract rate and the posted disposal rate will increase annually on July 1" by the Consumer Price Index (CPI) — All Urban Consumers, All Cities — based on the formula contained in the Waste Disposal Agreements. All other landfill rates previously approved by this Board remain unchanged. The effectiveness of the Waste Disposal Agreements approved in paragraphs 4, 5 and 6 and the fees approved in paragraph 7 are contingent upon all conditions to the Commencement Date (as defined in the City Waste Disposal Agreement) being met on or before July 22, 2009. In the event of the failure of any condition to the Commencement Date, the Director of OC Waste & Recycling shall return to this Board for direction. In no event shall the Waste Disposal Agreements or the fees approved herein be effective prior to July 1, 2010. Page 4 of 5 • • 9. The Director (or designee) of OC Waste & Recycling is hereby authorized and directed, for and in the name and on behalf of the County, to do any and all things and take any and all actions and execute any and all certificates, agreements and other documents which he may deem necessary or advisable in order to consummate the lawful execution, delivery and enforcement of the Waste Disposal Agreements and the fees approved in accordance with this Resolution. Page 5 of 5 The foregoing was passed and adopted by the following vote of the Orange County Board of Supervisors, on March 24, 2009, to wit: AYES: Supervisors: BILL CAMPBELL, CHRIS NORBY, JANET NGUYEN JOHN M. W. MOORLACH, PATRICIA BATES NOES: Supervisor(s): EXCUSED: Supervisor(s): ABSTAINED: Supervisor(s): CHAIRM& STATE OF CALIFORNIA ) COUNTY OF ORANGE ) I, DARLENE J. BLOOM, Clerk of the Board of Orange County, California, hereby certify that a copy of this document has been delivered to the Chairman of the Board and that the above and foregoing Resolution was duly and regularly adopted by the Orange County Board of Supervisors. IN WITNESS WHEREOF, I have hereto set my hand and seal. Resolution No: 09 -036 Agenda Date: 03/24/2009 Item No: 39 - Aoe J'-" a DAR BLOOM Clerk of the Board County of Otange, State of California I certify that the foregoing is a true and correct copy of the Resolution adopted by the Board of Supervisors , Orange County, State of California DARLENE J. BLOOM, Clerk of the Board of Supervisors By: Deputy 4 4 • • • P--� • �S�SAN/1�gP Costa Mesa Sanitary District V � y 'yc�'PpORA Memorandum To: Board of Directors and Staff From: Denise Gilbert Date: April 16, 2009 Subject: Plastics Presentations at Paularino Elementary School Costa Mesa Sanitary District presented two plastic presentations on March 26 at Paularino Elementary School. Tom Fauth gave the presentations with Denise Gilbert, Janel Jackson, Debbie Bjornson and Sherry Kallab in attendance. These staff members attended to enhance their public speaking techniques. Paularino Elementary School consists of grades K -5 and first presentation consisted of grades K -2; the second presentation grades 3 -5. The student's attention was held by passing out f rules for correctly answered questions after watching the "Working For You" video. Many questions were asked and students proudly acknowledged their home recycling involvement. Overall, the presentations were very well received. L �J 0 COSTA MESA SA N, TART DINRICT Memorandum To: Board of Directors & Staff From: Janel Jackson Date: April 1, 2009 ... an Independent Special District Subject: CHRIST LUTHERAN SCHOOL — WASTE FREE LUNCH DAY On April 1, 2009, staff, consisting of Rob Harriers, Janel Jackson, and Debbie Bjornson, gave a "Waste -Free Lunch Day" presentation to promote the value of reducing the amount of food & packaging waste placed in the trash. The students, grades K -8, enjoyed the presentations and voiced many opinions on how they, recycle at home. Many of the students already bring their lunch in reusable containers and it was a great example of "trash free" lunch. The District collected 50 pounds of trash on this day. Staff will return on April 22, 2009 (Earth Day) to continue the "Waste -Free Lunch Day." A final presentation will be held showing the students how they have reduced the 50 pounds to a smaller amount headed to the landfill. • • r � f,< Waste Free Lunch ,Day A waste free lunch day is an opportunity to promote responsibility and protection of the environment, thus rte can build a brighter future for ow, children and our Nation! Make Today and Every Day a Waste -Free Lunch Day! J The Costa Mesa Sanitary District sponsors a Waste -Free Lunch Day in observance of `America Recycles Day." Students are asked to bring lunches that include as many items as possible that can be eaten, reused, recycled or composted and as few items as possible that must be thrown away. Parents can help by packing a waste -free lunch, providing only what your child will eat, including: • Sandwiches in reusable containers • Whole fruits without packaging • Drinks in containers that can be reused, such as a thermos • Snacks purchased in bulk and brought in reusable containers • Reusable ice packs �►'swew,. ('osta `Mesa ,Sanitary Dist ri'ct (94 9) 6-i_5 -8400 L 221 ♦ u w(t crosdca.flov Scrl'ittg yott through trash col lcclion, sc In'r scI,Uicc filed spacial rc>cyclirtg 1)1'ograttis. 0 A waste -free lunch program is a process of educating students, parents, and school staff about where our trash ends up and how we, as individuals, can reduce the amount of trash we generate. Waste -free lunch programs favor the use of reusable food containers, drink containers, utensils, and napkins. They discourage the use of disposable packaging, such as prepackaged foods, plastic bags, juice boxes and pouches, paper napkins, and disposable utensils. WHAT DOES A WASTE -FREE LUNCH LOOK LIKE? A Typical American Lunch (DISPOSABLE) • sandwiches sealed in plastic bags • fruits and vegetables in plastic bags • prepackaged chips, cookies, fruit bars • granola bars, cheeses, and fruit leathers • prepackaged yogurts, applesauce, and puddings • crackers, pretzels, chips, and other snack foods sealed in plastic bags • disposable juice boxes, juice pouch, soda cans, water bottles, and milk cartons • plastic forks and spoons • paper napkins • disposable paper and plastic bags ��,tA A Waste -Free Lunch* (REUSABLE) • sandwiches and other main dishes, fresh fruit, fresh vegetables, and treats in a re- usable lunch container • cloth napkins • stainless -steel forks and spoons • reusable drink containers • reusable lunchboxes *With this type of lunch, lunch food items can be bought in larger quantities. The packaging can be left at home for reuse or recycling. Waste -free lunches are not only a wise environ- mental choice, but they are less expensive as well. • • SANirq,�y Costa Mesa Sanitary District 'ycO�pORA7E Memorandum To: Board of Directors and Staff From: Denise Gilbert U� Date: April 6, 2009 Subject: Plastics Presentations at Charles TeWinkle Intermediate School The Costa Mesa Sanitary District presented six Plastics Presentations to the science classes at Charles TeWinkle Intermediate School on February 4, 2009. The presenters were Rob Hamers and Denise Gilbert. Presentations begin at 9:45 a.m. with Rob Hamers and Debbie Bjornson presenting the Plastics Presentations to 150 students in the two class periods. Changes in presenters occurred with Denise Gilbert giving the additional four presentations with Janel Jackson and Sherry Kallab assisting throughout the day. By mid - afternoon, it became apparent that the students were not able to sit still in large groups of 120 students so we made modifications to the presentations. The teachers felt it was - best to omit discussing five of the seven plastics and only focus on the two types of plastics that would be recycled at school. The order of the presentations was revised and prizes were given to those who could answer the questions after the video. This provided a better method, without overloading them with additional information. It is recommended that Plastics Presentations be presented to smaller class sizes for 7 and 8 grades students. Explain one, two and four of the plastics codes, these are the most recyclable and students may retain these codes. Inform students that after watching part of the video their will be prizes awarded for correct answers. O 0 p y a ie c �Ay / Sanjtar�q � 0 ,��.qa; ... an Inbepenbent Special District Rai Board of Directors Arlene Schafer Robert Ooten Gary Monahan Arthur Perry James Fernynutn Staff Robin B. Hatn.ers Manager District Engineer (949) 631 -1731 Thomas A. Fauth Assistant Manager Joan. Revak Board Secretary Program Manager Clerk of the District Alan. R. Burns Legal Counsel Marcus D. Davis casarrerlDirector of Finance Phone (949) 645 -5400 Fax (949) 650 -2253 Address 628 W 191h Street Costa Mesa, CA 92627 -2716 #61 4 Printedmi Recycl d Paper April 23, 2009 Attention: Ms. Isabel Rios, Manager of Recycling and Environmental Programs OC Waste & Recycling, County of Orange 300 North Flower Street, Suite 400 Santa Ana, CA 92703 Re: Regional Recycling and Waste Diversion Grant Program FY 2008 -09 Cycle Application Dear Ms Rios: The Costa Mesa Sanitary District (CMSD); as the lead applicant agency, and the City of Costa Mesa and City of- Hermosa Beach, as participating agencies, are pleased to submit the attached `.`Regional Recycling and Waste Diversion Grant Program FY 2008 -09 Cycle Application ". The application, consisting of 22 pages total, printed on certified 100% post- consumer fiber, proposes the following three categories of projects totaling $142, 256 over a three -year period: - 1. Composting and vermicomposting bin distributions and seminars /workshops at jurisdiction community gardens (to residents) and to 43 jurisdiction schools, 2. Reduction in disposal of Fats Oils and Grease (FOG) from the waste stream through a collection process at Orange Coast College Recycling Center, and 3. Public Outreach supporting both project projects. This proposal greatly expands the FY 2007 -08 Cycle Grant to all community gardens and schools within the CMSD, the participating jurisdictions and unincorporated areas of Orange County within the three agencies. The application consists of the Form Application, Program Summary Description, Cost and Diversion Estimate, Resume, CMSD Resolution and FSC 100% Post - Consumer Fiver Certification. The final. Resolution will be forwarded following approval at the April, 27, 2009 CMSD Board Meeting. Thank you for your consideration of this application to reduce solid waste disposal in Orange County landfills. Please call me at (949) 645 -8400, ext, 222 if you have any questions. Sincerely, Thomas A. Fauth Assistant Manager Protecting our communitN's beaitb b� providing sofia,waste and sewer cotfection services. www.c"isbca.gov 1. Attachment: Regional Recycling and Waste Diversion Grant Program FY 2008 -09 Cycle Application cc. CMSD Board of Directors Rob Hamers, CMSD Manager /District Engineer Alan Burns, CMSD General Counsel Joan Revak, CMSD Clerk of the District Melanie Eustice, Recycling Coordinator, City of Costa Mesa, CA Deborah Jubinsky, Recycling Coordinator, City of Huntington Beach, CA 2 O R A N G E C O U N T Y as c ec c In Our Community. Our Commitment. REGIONAL RECYCLING AND WASTE DIVERSION GRANT PROGRAM FISCAL YEAR 2008 -09 CYCLE APPLICATION APPLICATION DUE DATE: APRIL 23, 2009 Required Documents The following is a listing of the narratives and forms that are required as part of the Regional Recycling and Waste Diversion Grant Program Fiscal Year 2008 -09 cycle application package. Please double -check your application to be certain that everything on the checklist (last page of the application package) is included and arranged in the order prescribed. Forms are also available on the OC Waste & Recycling website at: www.oclandfills.com. • Application Form • Resolution and/or Letter of Authorization (LOA) (no later than May 14, 2009) • Project Narrative (not to exceed 10 pages) • Work Plan Form/Scope of Work • Narrative Regarding Program or Facility Description Profile (Attachment to Work Plan) • Budget Form • Recipient Fulfillment Report (upon completion) Failure to include these documents with your application will cause a reduction in points for completeness during the scoring process. Resolution and/or Letter of Authorization documents may be submitted after the application deadline; these documents must be received by OC Waste & Recycling no later than April 23, 2009. Failure to meet this deadline will result in the disqualification of the application from consideration for award. Grant fund recipients will be required to enter into a Financial Assistance Agreement with the County of Orange Application Format and Submittal • Copies: One application with original signature (blue ink preferred), and one copy • Paper: 81 /a X 11, printed double - sided, single spaced, on 100% post consumer fiber, and numbered consecutively • Stapled, not bound: upper left -hand corner • Font: Comparable to 12 pt. Times New Roman • Addressed to the appropriate mailing address: Attention: Ms. Isabel Rios, Manager of Recycling and Environmental Programs OC Waste & Recycling, County of Orange 300 North Flower Street, Suite 400, Santa Ana, CA 92703 REGIONAL RECYCLING AND WASTE DIVERSION GRANT PROGRAM APPLICATION FOR THE FY 08 -09 and submit all sections. APPLICANT /-ORGANIZATION INFOF APPLICANT/ ORGANIZATION NAME (MUST MATCH RESOLUTION): REQUESTED fc,s� 1 AliS'«] Ce rirAn Rr �ic"fr'�� ^r °� GRANT AMOUNT: ?'/11/_� 1 .Ob PARTICIPATING JURISDICTIONS (FOR REGIONAL PROGRAMS ONLY): City of Costa Mesa, City of Newport Beach and City of Huntington Beach MAILING ADDRESS: _ fPROJECT ADDRESS: (IF APPLICABLE) i' 628 West 19th St i Same CITY: 11 CITY: Costa Mesa STATE: 1 ZIP CODE: CA 1 92627 I PRIMARY CONTACT NAME: Robin B. Hamers TITLE: Manager /District Engineer TELEPHONE NUMBER: ~` 949 - 631 -1731 FAX NUMBER: - -- 949- 650 -2253 EMAIL ADDRESS: rbhinc@pacbell.net STATE: I ZIP CODE: SUBMIT EITHER AN APPROVED RESOLUTION, VALID UP TO 5 YEARS, WITH YOUR APPLICATION OR THE FOLLOWING ACKNOWLEDGEMENT (IF APPLICABLE, SUBMIT A CURRENT LETTER OF AUTHORIZATION (LOA) FOR SIGNATURE DESIGNEE) LISTING THE JOINT AGREEMENT BETWEEN JURISDICTIONS, HAULERS OR CONSULTANTS OR ANY OTHER PARTNER FOR THIS COMPETITIVE REGIONAL GRANT. MUST CHECK ONE: FOR ENTITIES WITH GOVERNING BODIES: ❑ WE ACKNOWLEDGE THAT AN APPROVED RESOLUTION AND, IF APPLICABLE, LOA DESIGNATING AN ADDITIONAL AUTHORIZED SIGNATORY IS ENCLOSED IN THE APPLICATION. ® WE ACKNOWLEDGE THAT OUR APPROVED RESOLUTION MUST BE RECEIVED BY ORANGE COUNTY WASTE & RECYCLING NO LATER THAN 5/14/09. WE FURTHER ACKNOWLEDGE THAT IF OUR RESOLUTION IS RECEIVED AFTER THIS DATE, OUR APPLICATION WILL BE DISQUALIFIED. PRIOR GRANT HISTORY E DID ANY OF THE JURISDICTIONS RECEIVE PREVIOUS GRANT FUNDING FROM OC WASTE & RECYCLING? ® YES ❑ NO l� IF YES, PROVIDE A BRIEF DESCRIPTION OF EACH PROJECT (3 -5 SENTENCES): Project Summary: The Costa Mesa Sanitary District, in partnership with the City of Costa Mesa, planned and implemented a cooperative program to address the recycling needs of the residents within the District borders which includes all of the City of Costa Mesa, very small isolated sections of the City of Newport Beach and small island areas of unincorporated Orange County. The District retains responsibility for solid waste collection from single family residential and small multi - family residential units while the City is responsible for solid waste collection from large multi - family units. The joint approach provided the following: 1. Promote and educate the public on recycling benefits and methods. 2. Provide door -to -door collections or drop off programs to recycle household hazardous waste materials emphasizing batteries and fluorescent tubes (mercury), compact fluorescent light bulbs (CFLs) (mercury) and incandescent bulbs (lead). 3. A pilot sponsorship and subsidization project to provide composting bins to common residents to process kitchen and yard green waste into valuable nutrient rich soil amendments. 4. Sponsorship of need -based a -waste collection events. PROVIDE A BRIEF DESCRIPTION OF THE PROPOSED GRANT PROJECT (3 -5 SENTENCES). The proposed regional grant consists of four project categories. The four categories propose to reduce disposed tonnage going to the landfills through 1 & 2. Composting and vermicomposting bin distributions and seminars /workshops at jurisdiction community gardens (to residents) and to jurisdiction schools, 3. Reduction in disposal of Fats, Oils and Grease (FOG) from the waste stream through a collection process at Orange Coast College Recycling Center, and 4. Public Outreach supporting both project categories 1 and 2. TOTAL POTENTIAL POPULATION SERVED BY GRANT PROJECT: NAMES AND QUALIFICATIONS OF STAFF AND /OR CONSULTANTS PARTICIPATNG IN THIS PROJECT(ATTACH RESUMES TO APPLICATION PACKET): Thomas A. Fauth, Assistant Manager, Costa Mesa Sanitary District (CMSD) and CMSD Recycling Coordinator; Melanie Eustice, Recycling Coordinator, City of Costa Mesa, CA. LIST THE NUMBER OF STAFF POSTIONS THAT WILL BE PARTICIPATING IN THIS PROJECT (PLEASE ATTACH A LIST OF THEIR JOB TITLES AND RELATED DUTIES TO THE APPLICATION PACKET): Thomas A. Fauth, Assistant Manager, Costa Mesa Sanitary District (CMSD) and CMSD Recycling Coordinator; Melanie Eustice, Recycling Coordinator, City of Costa Mesa, CA. Deborah Jubinsky, Recycing Coordinator, City of Huntington Beach, CA ii ATTACH A WRITTEN NARRATIVE AND INCLUDE: ® NARRATIVE REGARDING PROGRAM OR FACILITY DESCRIPTION PROFILE (ATTACHMENT TO WORK PLAN) ® HOW GRANT PROJECT WILL ASSIST REGION IN ACHIEVING WASTE DIVERSION GOALS ® REGIONAL IMPORTANCE OF THE GRANT PROJECT ® HOW GRANT PROJECT WILL BUILD ON PREVIOUS EFFORTS OR ACTIVITIES ® WORK PLAN FORM /SCOPE OF WORK (LIST THE GOALS, OBJECTIVES, TASKS /ACTIVITIES, SUB - TASKS, STAFF /CONTRACTOR, AND TIMEFRAMES NECESSARY TO COMPLETE YOUR PROJECT. THE WORK PLAN TASKS /ACTIVITIES SHOULD MATCH THE TASKS /ACTIVITIES IDENTIFIED IN THE BUDGET.) ❑ IF APPLICABLE, DESCRIPTIONS OF WASTE CHARACTERIZATION STUDIES AND OR NEW BASE YEAR STUDIES CONDUCTED BY ANY JURISDICTIONS /GRANT PARTICIPANTS AND THE RELEVANCE OF THE STUDY'S RESULTS TO THE PROPOSED PROJECT. WORKIPLAN SCHEDULE ® WORK/PLAN SCHEDULE F;71 BUDGET FOR OPERATING PROJECT Certification: I declare, under penalty of perjury under the laws of the State of California, that I have read all information in the Application Guidelines and Instructions and that all information submitted for the OC Waste & Recycling's consideration for award of grant funds is true and accurate to the best of my knowledge. Signature Authority - as authorized in Resolution; or Authorized Designee - as authorized in submitted Letter of Authorization Robin B. Hamers Print Name Date Manager /District Engineer Print Title IN WORK PLAN (Sample Sheet) LIST THE GOALS, OBJECTIVES, TASKS /ACTIVITIES, SUB- TASKS, STAFF /CONTRACTOR, AND TIMEFRAMES NECESSARY TO COMPLETE YOUR PROJECT. THE WORK PLAN TASKS /ACTIVITIES SHOULD MATCH THE TASKSIACTIVITIES IDENTIFIED IN THE BUDGET. GOAL The proposed regional grant consists of four project categories. The four categories propose to reduce disposed food waste tonnage going to the landfills through 1 & 2. Composting and vermicomposting bin distributions and seminars /workshops at jurisdiction community gardens (to residents) and to jurisdiction schools, 3. Reduction in disposal of Fats, Oils and Grease (FOG) from the solid waste stream through a collection process at Orange Coast College Recycling Center, and 4. Public Outreach supporting project categories 1, 2 and 3. The three - pronged approach is expected to cover three years, June /2009 -June 2012 and includes unincorporated areas of Orange County within the two jurisdictions. The multiyear approach provides sufficient time for limited Staff to advertise and present the composting workshops to all 43 schools and the community gardens within the CMSD and two jurisdictions to turn school and residential kitchen food waste into compost. OBJECTIVE TASK # RESPONSIE TASK/ACTIVITY DESCRIPTION PERSON (contractor or staff, include name & titl 2/2009 Page 6 of 8 EVALUATION ? TIMEFRAME BUDGET METHOD (month /year- (survey, workshop, month /year) CATEGORY 1, 2&3 Composting and Vermicomposting Distribution, Thomas A. j Number of ^^� J e/2009 - I Landfill Trash I Seminars and Workshops and FOG diversion !! Fauth, Assistant i Earth Machine ( June /2012 Diversion - See awareness at jurisdiction community gardens and j Manager, CMSD i composting ; Attached schools and to residents. and CMSD bins and ;Spreadsheet. Recycling vermicompostin I Coordinator I g bins distributed and 3 { translated to + tonnage t l diverted from I landfills. i i I 1 I v 2/2009 Page 7 of 8. REGIONAL RECYCLING AND WASTE DIVERSION GRANT PROGRAM APPLICATION FOR THE FY 2008 -09 APPLICATION CHECKLIST This application checklist is provided for your convenience and is not intended to be all inclusive. You are responsible for comnletin , and submitting all required documentation. ® ! All applicable information and documents are provided; applicable boxes are checked. ® Application Certification is signed by the: 1) Signature Authority as authorized in Resolution , or 2) Authorized Designee. Authorized Designee may sign only if the Letter of Authorization has been submitted to OC Waste & Recycling. ❑ ! Approved Resolution is included with application; box is checked, or ® If applicable, approved Resolution not submitted with application but will be submitted to OC Waste & Recycling for receipt by 5/14/09; box is checked. ❑ If applicable, Letter of Authorization (LOA) is included with application. A LOA is not required to be submitted with the application; however, it must be submitted prior to Designee's exercise of his/her authority. ® j Description ® j Population Served ® Staff Names and Qualifications ® I Narrative does not exceed 10 pages (not including letters of support or other attachments) ® ! Appropriate boxes are completed on the Work Plan. ❑ Facility Description Profile (Attachment 1 to Work Plan) ❑ Program Description Profile (Attachment 2 to Work Plan) ® Matches all tasks /activities, sub - tasks, staff, contractor, and equipment listed in work plan. Copies: One application with original signature (blue ink preferred), and one copy ® Paper: 8' /z X 11, printed double- sided, single spaced, on 100% post consumer fiber, and numbered consecutively ® Stapled, not bound: upper left -hand corner ® Font: Comparable to 12 pt. Times New Roman ® Addressed to the appropriate mailing address of the OC Waste & Recycling Orange County Waste & Recycling Regional Recycling and Waste Diversion Grant Program Description EXECUTIVE SUMMARY The Costa Mesa Sanitary District (CMSD) is the Lead Agency applying for the Regional Recycling and Waste Diversion Grant Program. Participating Jurisdictions include the City of Costa Mesa and the City of Huntington Beach through a combination of Letters of Authorization and independently entered agreements. The program consists of four related sub - projects: 1. Composting Seminars and Workshops to jurisdiction community gardens, 43 schools and participating residents to divert kitchen and school lunch food waste from landfill disposal and conversion into compost,'a rich plant nutrient amendment. 2. Vermicomposting Seminars and Workshops to jurisdiction community gardens, 43 schools and participating residents to divert kitchen waste from landfill disposal and conversion into compost, a rich plant nutrient amendment. 3. Diversion of Fats, Oils and Grease from the solid waste stream to be processed into diesel fuel and animal feed. 4. Public Outreach Project to inform the jurisdiction schools and community residents about the benefits of composting, vermicomposting and FOG diversion. The total grant request is for $142,256 to support the program covering 43 schools and a combined population of 311,168 over three jurisdictions, noting the CMSD covers all of Costa Mesa and some small portions of Newport Beach as well as the unincorporated sections of Orange County within the City of Costa Mesa. The expected diversion tonnage for the Program over a three -year period is estimated at over 1,950 tons — details are provided in the attached spreadsheet. PROGRAM DETAILS PROJECT 1— COMPOSTING: Composting Seminars and Workshops to jurisdiction community gardens, 43 schools and participating residents to, divert kitchen waste from landfill disposal and conversion into compost, a rich plant nutrient amendment. Project 1 proposes to extend and enhance the CMSD, City of Costa Mesa and City of Huntington Beach FY07 -08 grant by expanding the program to all 43 schools within the jurisdictions, a large source of kitchen lunch waste disposed of in landfills. Converting the food waste into compost is expected to over 1,350 tons of food waste over a three -year period which will more than triple over a 10 year period. The project proposes to distribute 1800 Earth Machine Backyard Compost Bins to the schools, at six per school, and jurisdiction residents through seminars and workshops. The benefits of composting are as follows: a. Provides excellent soil amendment for healthier gardens, lawn, and house plants. b. Can remove more than 500 pounds of organic matter from the household waste stream per year, diverting it from collection and landfilling. c. Requires as little as 10 minutes per week per bin to maintain. d. Reduces the use of artificial fertilizers and pesticides, thus further reducing the impact to the environment. e. Can reduce gardening water requirements by 30 %. f. Each bin can easily support a family of five. Cost estimates are provided in the attached spreadsheet. PROJECT 2 — VERMICOMPOSTING: Vermicomposting Seminars and Workshops to jurisdiction community gardens, 43 schools and participating residents to divert kitchen waste from landfill disposal and conversion into compost, a rich plant nutrient amendment. Project 2 proposes to extend and enhance the CMSD, City of Costa Mesa and City of Huntington Beach FY07 -08 grant by expanding the program to all 43 schools within the CMSD and the two jurisdictions, a large source of kitchen waste disposed of in landfills. Converting the food waste into vermicompost is expected to be 575 tons of food waste over a three year period which will of more than triple over a 10 year period. The project proposes to distribute 1100 worm bins to the schools and jurisdiction residents through seminars and workshops. The benefits include those listed for composting with the added convenience of addressing the needs of residents without yards for backyard compost equipment. Cost estimates are provided in the attached spreadsheet. PROJECT 3 — FATS OILS AND GREASE (FOG): FOG is one of two leading causes for sanitary sewer overflows, with the second being roots. Programs to encourage disposal of FOG into the solid waste stream effectively reduces SSOs by removing it from the liquid waste stream, but increases the contamination of recyclable materials in the solid waste stream. This project is establishing a FOG collection center at the Orange Coast College (OCC) Recycling Center to enable residents to drop off FOG from their kitchens, deep fat fryers, barbeque grills and the like. Three contractors have offered to provide the containers for free, to collect the FOG at no cost and to process the FOG into biodiesel and animal food supplements. This project requests limited funding to pay for five hours per week at the OCC Recycling Center to ensure safety, eliminate accidental spills and eliminate liability claims from accidents resulting from spills. The OCC Recycling Center Manager, Mike Carey, is in full support of the 2 /W project. Reducing the FOG contamination in the solid waste stream further increases the quality of the recyclable materials. Cost estimates are provided in the attached spreadsheet. PROJECT 4 — PUBLIC OUTREACH: Public Outreach project is envisioned to inform the CMSD and jurisdiction schools and community residents about the benefits of composting, vermicomposting and FOG diversion. The multi - pronged approach to provide education includes Composting Brochures, Newsletter Updates and Newspaper Ads in addition to Public Service Announcements and website notices. These avenues of information proved to be very effective in the FY07 -08 grant program. Cost estimates are provided in the attached spreadsheet. PROGRAM CONTACTS Thomas A. Fauth, Assistant Manager, CMSD, 949 - 645 -8400, x222. Melanie Eustice, Recycling Coordinator, City of Costa Mesa, 714 - 754 -5024. Deborah Jubinsky, Recycling Coordinator, City of Huntington Beach, 714- 374 -5321. SUMMARY The Costa Mesa Sanitary District is the Lead Agency applying for the Regional. Recycling and Waste Diversion Grant Program. Participating Jurisdictions include the City. of Costa Mesa and the City of Huntington Beach, through a combination of Letters of Authorization and independently entered agreements. The program proposes to implement a comprehensive composting, vermicom posting, FOG diversion and Public Outreach set of projects to divert food waste from 43 schools and residences with a combined population of over 311,168, and FOG from disposal in landfills. The estimated diversion totals over 1,950 tons of food and food waste over a three period at a cost of $142,256 The three regional agencies are pleased to present this proposal for your consideration. 3 REGIONAL RECYCLING AND WASTE DIVERSION GRANT PROGRAM COST AND DIVERSION ESTIMATION 4 -23 -09 1 OF 2 Project 1- Composting District /City /Jurisdiction # Schools Population # Bins /3yrs Bin Cost (6 /School) $ 47.50 6 5 People /SFU *2% Costa Mesa 113143 453 $ 21,497.17 22 Elem + 2 Middle + 2 HS 26 156 $ 7,410.00 Huntington Beach 198025 792 $ 37,624.75 7 Elem + 2 Middle + 8 HS 17 102 $ 4,845.00 Contractor Cost to support Events =42 +6 Events $ 19,200.00 . ($400 Per Event & Includes Vermicomposting) $ 400.00 1503 $ 90,576.92 48 (Events) Project 2 - Vermicomposting District /City /Jurisdiction # Schools Population # Bins /3yrs Bin Cost (10 /School) Worm Cost /lb $ 12.00 10 $ 10.00 5 People /SFU *1 %p Costa Mesa 113143 226 $ 2,715.43 22 Elem + 2 Middle + 2 HS 26 260 $ 3,120.00 Huntington Beach 198025 396 $ 4,752:60 7 Elem + 2 Middle + 8 HS 17 .170 $ 2,040.00 1052 $ 12,628.03 2 Ibs worms /worm bin @ $20 /lb Worm Cost $ 10,523.36 Project 3 - Fats, Oils & Grease (FOG) Collect FOG at Orange Coast College Recycling Center Cost/ Manhour supporting FOG # Hrs / Week # Weeks Grant Cost $ 13.00 6 156 $ 2,028.00 Cost /Newletter Cost Grant Cost Project 4 - Public Outreach 2 Newsletters/Yr, /City Prorated 1/6 Cost 12 $ 10,000.00 $ 120,000.00 $ 20,000.00 Newpaper Ads 6 $ 750.00 $ 4,500.00 Brochures/ Event @ Community Gardens 1 50000 $ 0.04 $ ,2,000.00 - $ 26,500.00 Total Projects Cost $ 142,256.31 1 OF 2 REGIONAL RECYCLING AND WASTE DIVERSION GRANT PROGRAM COST AND DIVERSION ESTIMATION 4 -23 -09 2OF2 Lbs Diversion /Bin Lbs FOG Total Tons Per 3 Years Diverted /3 Yrs Total Diversion Lbs Diverted /3Yrs Measureables # Composting Bins Distributed 1503 1800 2704809.6 1352.40 # VermiComposting Bins Distributed 1052 1095 1152307.92 576.15 Total Bins Distributed / 3 Yrs 2555 2895 1928.56 Gallons FOG Diverted / 3 Yrs 9497 56983.97 56983.97 28.49 Total Tons Diverted From Landfill / 3 Yrs 1957.05 Diversion Impact Grant Cost / Diversion Ton / 3 Years $ 72.69 NOTE - The Diversion continues far beyond the three years identified - bins have a ten year warranty Grant Cost / Diversion Ton for 10 Years Exclusive of Time Value of Money $ 22.13 2OF2 THOMAS A. FAUTH RESUME EDUCATION: 1972, Graduate, Westside High School, Omaha, NE; 1976, Graduate, BA in Chemistry, University of Nebraska - Omaha, Omaha, NE; 1980, Graduate, MBA in Contracting & Procurement, Western New England College, Bedford, MA; 1981, Graduate, MS in Systems Management, Air Force Institute of Technology, Wright- Patterson Air Force Base, Dayton, OH; Numerous Continuing Education Program Courses; PROFESSIONAL EXPERIENCE: 1976 -1996, Air Force Officer, Chemistry Research, Assistant Professor of Aerospace Studies, Assistant to the Director of Research, Deputy Systems Engineer and Program Control Chief for Strategic Defense Initiative Programs, nationwide; 1997, Recycling Coordinator, City of Redondo Beach, CA; 1998, Waste Reduction Program Manager; Squiggly Ranch, Los Angeles, CA; 1999, Local Census Office Manager, Torrance, CA; 2000 to Present, Assistant Manager, Costa Mesa Sanitary District, Costa Mesa, CA; RESOLUTION NO. 2009- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT ESTABLISHING.A REGIONAL RECYCLING AND WASTE REDUCTION GRANT PROGRAM WHEREAS, the County of Orange authorizes OC Waste & Recycling to administer various Grant Programs in furtherance of the State of California's (State) efforts to reduce, recycle and reuse solid waste generated in the State thereby preserving landfill capacity and protecting public health and safety and the environment; and WHEREAS, in furtherance of this authority the County of Orange, OC Waste & Recycling is required to establish procedures governing the application, awarding, and management of the grants; and WHEREAS, Grant Application procedures require a Lead applicant's governing body to authorize by resolution its approval for submittal of the Grant Application identified below, and the designation by job title of the individual authorized to execute all Grant documents on behalf of Costa Mesa Sanitary District; and WHEREAS, the Costa Mesa Sanitary District agrees to use grant funds for new or significantly expanded programs or activities to enhance recycling efforts, divert food waste from the solid waste stream through composting and vermicomposting programs, divert-Pats, Oils, and Grease from the solid waste stream and further recycling and diversion public outreach and education programs in schools and residential communities; and WHEREAS, if awarded, Costa Mesa Sanitary District will enter into a Grant AgreementWith the County of Orange, OC Waste & Recycling for implementation of said Grant. The effective date of this Resolution shall be June 23, 2009. NOW, THEREFORE, BE IT RESOLVED that the Costa Mesa Sanitary District authorizes the submittal of application to OC Waste & Recycling for all grants for which Costa Mesa Sanitary District is eligible. BE IT FURTHER RESOLVED that this authorization is effective for June 23, 2009 through June 23, 2012; time period not to exceed five (5) years; BE IT FURTHER RESOLVED that the Manager /District Engineer, or his designee is hereby authorized and empowered to execute in the name of the Costa Mesa Sanitary District all grant documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure,grant funds and implement the approved grant project. The Costa Mesa Sanitary District recognizes the opportunity the County of Orange has provided through this grant program and commends the County 0 for its regional leadership in solid waste management and recycling and waste diversion activities throughout Orange County. PASSED and ADOPTED by the Board of Directors of the Costa Mesa Sanitary District at a regular meeting thereof held on the 27th day of April 2009. Secretary, Costa Mesa Sanitary District President, Costa Mesa Sanitary District Board of Directors Board of Directors io 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. 2005 -717 duly and regularly passed and adopted by said Board of Directors at a regular . meeting thereof held on the 27th day of April 2005 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Costa Mesa Sanitary District, this d day of 2009. Clerk of the Costa Mesa Sanitary District )9. 4 ` r, J � y S f M1 I 010 Pap`er with a past, and a future: z. . t J P I 010 Paper with a past, and a future. i Paper reincarnation by New Leaf Paper is part of our vision for a sustainable paper industry, where the waste from one process becomes food to another. It's about building a life- supporting system that nurtures beauty, abundance and biodiversity. Not polluting the water we drink and the air we breathe. Whatever past life this paper may have led, it's yours now. All J cleaned up, de -inked and bleached with hydrogen j peroxide instead of toxic chlorine bleach. What are you j going to do with it? You hold its destiny in your hands. Make good use of it. Recycle it. Know that you are not only saving trees, you are also saving water, energy and reducing greenhouse gas emissions, which helps fight global warming (check out the eco -score chart). You are making a difference by choosing this paper. 5. ENJOY OUR OTHER PREMIUM 100% RECYCLED PAPER PRODUCTS -- — QTY. QTY. QTY. NO. 10 PRODUCT LINE COLOR 100 250 500 ENVELOPES S premium ? white • resume,pape. natural • >premi6r -n white b n usiess paper, Preml pale natural fiber; >paper._3 fleck premturri'lanana natural fiber paper ,fleck NEW LEAF PAPER°° ENVIRONMENTAL BENEFITS STATEMENT loco pounds of post- consumer fiber saves: The following resources were saved by using New Leaf Paper made with t00% post - consumer waste, processed chlorine free, and manufactured with electricity that is offset with Green -ea9 certified renewable energy certificates. 12 Trees 5,o26 Gallons of Water 8 Million Btu of Energy 561 Pounds of Solid Waste 1'105 Pounds of Greenhouse Gases i NEW LEAF PAPER°° ENVIRONMENTAL BENEFITS STATEMENT loco pounds of post- consumer fiber saves: The following resources were saved by using New Leaf Paper made with t00% post - consumer waste, processed chlorine free, and manufactured with electricity that is offset with Green -ea9 certified renewable energy certificates. 12 Trees 5,o26 Gallons of Water 8 Million Btu of Energy 561 Pounds of Solid Waste 1'105 Pounds of Greenhouse Gases Caludai,ons based on res -rch by Environmental Dorms, and other members of the Paper Task Force. ©2oo8 New Leaf Paper www.newlearpaper.com m 100% of the Electricity Used to Manufacture This Product is Offset V4 �a With Certified Renewable Energy Green -e.org 4 EW LEAF PAPER' 08 NEW L E A F P A P E R 96 0 00 8 0 0 0 "EE Composting Workshop May 2, 2049 from 12pm - 2pm at the costANIesa . -; Del Mar Community Garden 170 Del Mar Avenue, Costa Mesa, CA The hest Cif Scat ithern Catifornia. The Costa Mesa Sanitary District (CMSD) and the City of Costa Mesa share a grant to provide backyard composting bins, known as Earth Machines, to our residential service area customers, schools and social service groups. The District also provides vermicomposting classes and worm bins for free upon request with sufficient lead time. The composting bins are available to residents of Costa Mesa for a $20.00 contribution paid directly to the Costa Mesa Sanitary District through the mail or in person - credit cards are not accepted. The bin specifications and features are as follows: low me- M-- Pop io sno—N 0000pOSW to to ~ dsHedft lst -art Nd bdft trorrost door FARTH DAY, EVERY DAY Costa Mesa Sanitary District - 628 W. 19th Street, Costa Mesa, CA 92627 - (949) 645 -8400 - www.c►nsdca.gor L. s 16 CY, 0 0 N v2 .n Q C E N Q d UD C v) d CD �o L w 0 9 0 The Costa Mesa Sanitary District The Costa Mesa Sanitary District (CMSD) is going green by going gold. With the assistance of a progressive design team using advanced architectural, engineering and landscape design, the CMSD designed a new district yard, consisting of a 5,166 square foot building on a 17,220 square foot site, to the "Gold " accreditation level of the Leadership in Energy and Environmental Design (LEED) program of the United States Green Building Council. The building and site will be constructed from sustainable local resources. Construction is scheduled to begin in August 2009, and upon completion, staff will provide tours. The new facility will be located at 174 W. Wilson Street, Costa Mesa. The building and site include the following features: • Energy efficiency of 25% better than code • Approaching a carbon neutral footprint • Naturally day -lit offices and natural ventilation • High efficiency water fixtures • Drought tolerant gardens and landscaping • Floors, walls and furnishings made from "sustainable material' • Solar panels • Double pane windows and doors • Durable white reflective "Cool Roof" to reduce building he • Vegetated open space area exceeds code by 25% 'z# • Specially engineered infiltration trench captures runoff to contain storm water and associated pollutants • Recycling of over 75% of construction waste and over 50% of normal operation waste For more information, call 949.645.8400 or e -mail tfauth@crosdca.gov. Visit crosdca.gov. Page 1 of 2 Janel Jackson From: Thomas Fauth Sent: Tuesday, March 31, 2009 11:56 AM To: Rob Hamers; Denise Gilbert; Kaitlin Tran; Teresa Gonzalez; Debbie Bjornson; Janel Jackson Cc: Rob Hamers; Joan Revak; 'Sherry Kallab'; MajorTAF12 @ aol.com Subject: Community Run - Booth for Costa Mesa Sanitary District Team CMSD: The CMSD Booth manning schedule for the Community Run is set as follows (note the correct time is 5 -10pm on Fri eve): 4- 17 -08: 5am — 10pm Denise Gilbert Teresa Gonzalez Debbie Bjornson 4- 18 -09: 7am — 10am Denise Gilbert Kaitlin Tran Janel Jackson I printed out a copy of the event notice from the CCM website and will distribute to each of you —the location is at Estancia High School, 2323 Placentia Ave. Denise (lead) and Janel are in charge of ensuring all materials are ready for distribution in sufficient quantities for the booth: All current brochures, including lateral assistance program and applications; Business Cards — lots; Cameras — only need a few pics, not dozens, but include the setup for follow -on year events and to report to the Board; One large canopy and four chairs (Director may appear, etc); Denise — Please call to confirm whether or not a canopy, tables, chairs, etc will be provided; Teamwork in setting up — keep your-CHARGED phones handy; Case of cold water; Everyone wears the District collared tan polo shirt; Arrive an hour early to set up for each day's activity; Notepads for every attendee; Bring something to eat for Friday evening dinner — Possibly food is at the site — Denise Please check this out; During free time, draft the Memo to the Board (number of booth visitors, listing of brochures, what went well and what did not go well, etc.) — Denise is the lead; Other smart things you can think of doing; Thank you. Thomas A. Fauth, Assistant Manager Costa Mesa Sanitary District 628 West 19th St Costa Mesa, CA 92627 Voice: 949 - 645 -8400 Fax: 949 - 650 -2253 Cell: 714- 393 -4433 From: Rob Hamers [mailto:robh2 @cox.net] Sent: Tuesday, March 31, 2009 9:52 AM 4/6/2009 Page 2 of 2 To: Denise Gilbert Cc: Rob Hamers; Thomas Fauth; Joan Revak Subject: Re: Community Run - Booth for Costa Mesa Sanitary District is Hi Denise - Please note the second time is in the a.m. not the p.m. Thanks, Rob On Mar 31, 2009, at 8:48 AM, Denise Gilbert wrote: Hi - I am ready to man a booth. Count me in to work both evenings. Denise From: Rob Hamers [mailto:robh2(a0cox.net] Sent: Tuesday, March 31, 2009 7 :42 AM To: Thomas Fauth Cc: Joan Revak; Sherry Kallab; Teresa Gonzalez; Janel Jackson; Denise Gilbert; Kaitlin Tran; Debbie Bjornson Subject: Community Run - Booth for Costa Mesa Sanitary District Hi Tom - I spoke with Tom Hatch on Friday and committed to participating in the Community Run and have been awaiting his email prior to presenting to you. I explained the reasons we would not provide 1,200 green bags and he was fine with our position and he is particularly pleased we will participate by having our booth present for the Family Fun Night on Friday 4/17 5 -9 p.m. and the run on Saturday 4/18 7 -10 a.m. at a total cost of $250. I believe the program supports the public schools. Tom, please take over for me from here on out. Please assign an appropriate number of staff members to man the booth for both occasions and this is approved overtime. Joan, please place on Recycling Committee agenda. Thanks, Rob Hamers Manager /District Engineer Costa Mesa Sanitary District (949) 631 -1731 office ph. (714) 293 -2727 Rob's cell (949) 548 -6516 fax robh2 @cox.net home office email rbhinc @pacbell.net work office email Begin forwarded message: From: "HATCH, THOMAS" <thatch @ci.costa- mesa.ca.us> Date: March 30, 2009 5:23:08 PM PDT To: "Rob Hamers" <robh2 @cox.net >, <rhamers @crosdca.gov> Cc: "bill thomas" <bill power27 @ yahoo.com>, <bill @duthiepower.com> Subject: Booth for Costa Mesa Sanitary District Hello Rob - Thanks for joining the exhibit area for the Family Fun Night (April 17th) and Community Run (Morning of April 18th). Bill Thomas is on the Community Run Committee and he is in charge of the exhibit areas. He is cced on this e-mail. Bill will be sending you a short form for you or your staff to fill out. This will provide both of you the necessary information. The cost of the booth is $250 and you get the booth, table and two chairs and you can decorate as you would like. Bill can also send you an updated flyer for the Community Run to pass on to others in your organization. Thanks. Thomas R. Hatch Assistant City Manager City of Costa Mesa 77 Fair Drive, Costa Mesa, 92628 Ph. (714) 754 -5288 Fax. 754 -5330 thatch @ cLcosta- mesa.ca. us 4/6/2009 • CosTA ME-SA SANiTANY DisTRicT Memorandum To: Board of Directors ... an Independent Specia(District From: Marc Davis, Treasurer /Finance Director Date: April 15, 2009 Subject: Request for Additional Financial Report Recommended Action Consider whether the addition of a financial report related to the status of CIP projects is of benefit and whether it should be included as part of the monthly Board packet. Executive Summary Staff has received a request from Director Ooten for an additional financial report related to the status of the District's various ongoing CIP projects. Attached is a copy of the information requested for the 9 months ended March 31, 2009. This report is not a system - generated report, but one that Staff can easily update each month. Staff is seeking direction from the Board as to whether the Board desires to have this report included as part of the monthly financial reports distributed with the monthly Board packet. Attachments: Summary of Capital Improvement Construction Requirements Protecting our community's health by providing solid waste and sewer collection services. crosdcagov COSTA MESA SAJINITARYDIST,ICT ... anIndf pendent Special District Summary of Capital Improvement Contruction Requirements For the Nine Months Ended March 31, 2009 * Closed project 0 0 0 Total Approved 6/30/08 Year -to -Date FY08 -09 Projected Remaining Project Accumulated Actual Cost Projected Cost at Future Project Budget Cost 3/31/09 Cost 6/30/09 Budget Bristol Pump Station #129 $ - $ - $ 10,582 $ 10,582 $ 10,582 $ (10,582) Sinking Fund /Future Sewer Lines 1,895,805 - - - - 1,895,805 Earthquake /Major Emerg. Swr Repair 1,000,000 - - - - 1,000,000 Televising Swr Lines #159 107,051 54,827 10,230 10,230 65,057 41,994 Misc. Swr Work /Manhole Adj. #164 837,566 642,760 153,204 194,806 837,566 - Irvine /Tustin Pump Stn #168 2,499,377 2,494,899 35 35 2,494,934 4,443 Emerg. Response Plan Pump Stn #170 26,600 2,400 - - 2,400 24,200 Irvine PS Force Main #171 480,000 24,360 167,728 167,728 192,088 287,912 OCSD Grant #175 831,099 571,391 62,513 259,708 831,099 - Westside Abandonment #101 515,000 15,059 - - 15,059 499,941 WDR Phase III #176 190,000 172,596 - - 172,596 17,404 Capital Facility Acquisition #177 317,691 219,954 1,100 1,100 221,054 96,637 Replace Sewer Bypass #178 75,000 48,277 - - 48,277 26,723 Building /Grounds Fund #179 85,000 81,247 - - 81,247 3,753 Fog #180 350,000 113,904 58,319 100,000 213,904 136,096 Newport /19th Sewer #181 325,000 276,342 - - 276,342 48,658 Analysis of CCTV Results #182 125,000 - - - - 125,000 System Wide Repair Program #183 700,000 - 260,162 260,162 260,162 439,838 Sewer Lateral Program #186 300,000 113,106 97,559 186,894 300,000 - District Yard #187 1,165,758 1,068,852 72,970 72,970 1,141,822 23,936 Total Capital Improvement Projects 11,825,947 5,899,974 894,402 1,264,215 7,164,189 4,661,758 * Closed project 0 0 0 0 n U • AGREEMENT FOR SPECIAL SERVICES This Agreement is made this 1st day of April, 2009 between FILARSKY & WATT LLP, Attorneys at Law, hereinafter referred to as "Attorney ", and the COSTA MESA SANITARY DISTRICT hereinafter referred to as "District ". Attorney agrees to provide legal and consultative services to the DISTRICT in regard to personnel legal services, including representation in administrative and court proceedings, as requested by the DISTRICT. The place and time for such services are to be designated by the DISTRICT. The DISTRICT agrees to pay Attorney at the rate of Two Hundred and Sixty Dollars ($260.00) per hour, any necessary costs and expenses for services authorized by the DISTRICT. It is expressly understood and agreed that Attorney, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and is not an employee of the DISTRICT. This Agreement will remain in effect until canceled by either party. FILARSKY & WATT LLP M Steve A. Filarsky X: \C drive \AGREEMENTS \STEVE FILARSKY AGREEMENT APRIL 2009.doc COSTA MESA SANITARY DISTRICT SIR Arlene Schafer, President 4 LAW OFFICES OF HARPER & BURNS LLP A LIMITED LIABILITY PARTNERSHIP INCLUDING A PROFESSIONAL CORPORATION JOHN R. HARPER' ALAN R. BURNS COLIN R. BURNS OFCOUNSEL JUDI A. CURTIN' MICHAEL MONTGOMERY' THOMAS W. ALLEN 'A PROFESSIONAL CORPORATION To: Manager- District Engineer From: Associate District Counsel Date: March 26, 2009 453 S. GLASSELL STREET ORANGE, CALIFORNIA 92866 (714) 771 -7728 FAX (714) 744-33SO Re: CMSD — Yearly Trash and Sewer Rate Increases ' 11' GJv {1i UILI& MMINO (951) 674 -0698 The Orange County Sanitation District approved a fee escalation method that allows a yearly 10- 10.5% increase in sewer fees each year for the next five years. It is unknown whether the OCSD prepared a study justifying the fee increases or whether the agency provides an updated, noticed fee hearing each year. Inquiry has been made regarding whether the District may impose a similar 10% yearly fee escalator. We believe the answer is no. The District's current sewer collection fee is justified by a fee study that demonstrates that our fee represents the cost of providing the service. Therefore, an automatic fee escalation provision beyond an adjustment for inflation would exceed the cost of providing the service. Such a charge would not withstand muster under Proposition 218. Proposition 218 added substantive and procedural requirements for "property- related fees" and taxes. In Bighorn- Desert View Water Agency v. Verjil, the California Supreme Court ruled that Proposition 218 applies to fees for ongoing physical delivery of water. The Court's rationale also suggests that charges for sewer and refuse collection service provided by a local agency are property- related fees subject to Proposition 218. As a property- related fee subject to Proposition 218, sewer collection charges cannot exceed the cost of providing the service and cannot be increased without following certain procedural requirements. Further, a new law added within the past year provides that an agency providing water, sewer, or refuse collection service may adopt a schedule of fees or charges authorizing automatic adjustments for inflation; if the adjustment schedule is clearly defined and limited to 5 years, the agency provides notice 30 days prior to any adjustments; and any inflation adjustment does not exceed the cost of providing the service. Gov. Code § 53756. If an agency believed that it could impose a percentage increase in future years before, it is our opinion that it clearly cannot do so now. ' Manager- District Engineer Yearly Trash and Sewer Rate Increases Page 2 of 2 March 26, 2009 Therefore, a local agency can adjust a fee pursuant to a clearly defined formula that adjusts for inflation provided the fee does not exceed the cost of providing the service. However, it is doubtful that an automatic 10% per year adjustment of a property- related fee, such as District's sewer collection fee, would withstand scrutiny under Proposition 218 as the 10% escalator is unrelated to maintaining the cost at a level equal to the cost of providing the sewer collection service. We express no opinion as to whether another agency's cost escalator is still lawful. Colin Burns Associate District Counsel cc: Board of Directors • JOHN R. HARPER' ALAN R. BURNS COLIN R. BURNS OF COUNSEL IUDI A. CURTIN* MICHAEL MONTGOMERY* THOMAS W. ALLEN LAW OFFICES OF HARPER & BURNS LLP A LIMITED LUBILRY PARiNERSMP INCLUDING A PROFESSIONAL CORPORATION 453 S. GLASSELL STREET ORANGE. CALIFORNIA 92866 •A PROFESSIONAL CORPORATION To: Manager - District Engineer From: District Counsel Date: April 8, 2009 (714)771.7728 FAX (714) 7443350 Www.harpethums.COR1 RIVERSIDE / SAN BERNARDRJO (951) 674-0698 Re: GIS Copyrighted Product Available as a Public Record (County of Santa Clara v. Superior Court) In Santa Clara, the Court of Appeal rendered an important case on the status of GIS basemaps that are within government's custody. The case may have a bearing in our assessment roll proceedings and other government applications. In Santa Clara, the California First Amendment Coalition ( "CFAC ") sought to obtain a GIS -based record from the county as a public record. The GIS basemap included parcels, streets, assessor parcel info, jurisdictional boundaries, orthophotos (aerial photos) and buildings. The county refused the request. It asserted that the disclosure would violate the federal Critical Infrastructure Information Act ( "CII"), which was a Homeland Security measure. The county contended that disclosure would compromise buildings and structures that were vulnerable to terrorist attack. The Court rejected that argument and found that the CH Act did not apply to information in which the county was the submitter of CII, not the recipient. The federal law only protects critical infrastructure information voluntarily submitted to the government. (Hopefully this law will get amended.) More importantly, the CFAC argued that as a public record, the GIS map should be available for the direct costs of providing the record. The county argued that the CFAC should have to pay based on its costs to develop the info and should sign a nondisclosure agreement. Those costs involved the payment of a portion of the costs the county had to pay to produce the product. The CFAC estimated that those costs might be $210,000. The court disagreed and found that the county was required to produce the record for the direct costs of duplication. The county had argued against disclosure under the balancing test, but the Court found that the public had a substantial interest in these records, including comparisons of tax assessments, issuance of permits, treatment of tax delinquent properties, equitable deployment of public properties and issuance of zoning variances. C] Costa Mesa Sanitary District County of Santa Clara v. Superior Court April 8, 2009 Page 2 The PRA does allow that the requesting party can be required to pay for ancillary costs associated with the production of electronic records. The Court of Appeal remanded back to the trial court to determine if those charges might be imposed. The county also defended based on the fact that the GIS product was copyrighted. Surprisingly, state law determines whether a public official can claim a copyright in his office's creation. Government Code section 6254.9(e) (part of the PRA) states that nothing in the PRA limits copyright protections. Computer software developed by government is not a public record and may be protected in certain cases. (Gov. Code § 6254.9.) The county conceded, however, that the GIS map was a public record; therefore, the county was unable to claim the exemption. The Court found that the copyright provision in the PRA only protects software. Having found no copyright protection for the county in the GIS map, the Court also found that the county could not impose an end user agreement under the PRA on the requesting party. Conclusion We may t T to revisit your early attempts to obtain county assessor records. Alan R. Burns District Counsel cc: Board of Directors Assistant Manager Board Secretary- Program Manager -Clerk of the District is Santa -Ana Wver T k)od-(Photection -A e 'lin Address Wox 4048 1. Call to Order Ana, CA 92702.4048 Phone Meeting was called to order by Chairman Wahner at 4:00pm. (714) 834.5142 2. Report on Prado Dam Dedication Ceremonv Fax: (714) 834 -4572 Chairman Wahner gave a brief review of an event that was held at Prado Dam Location of February 27, 2009, and commented that it was very well attended as shown 300 N. Flower, Room 720 in the photos included with the agenda. SARFPA members that attended Santa Ana CA 92702 -5000 include Mr. and Mrs. Frank Fry, Beverly and Jim Wahner, Jan Debay, and Don Martinson. Invitations were sent to all SARFPA members and perhaps others were in attendance also. Congressman Ken Calvert gave a key note speech along with Supervisor Bill Campbell and Mr. Erick Taylor of Skanska Construction Company. 3. Status of SARI Line Relocation Project Lance Natsuhara gave an update on the progress of the project. A handout was provided that shows the general alignment and the timeline for various phases of the project from preliminary design to construction. Tetra Tech is the consulting engineering firm that has been selected to prepare the preliminary engineering and final engineering drawings. The Corps of Engineers is conducting the EIS /EIR certification process. The timeline for completion of the various project elements is as follows: Page 1 of 3 cutive Director Executive Committee Meeting Minutes onald J. Martinson Thursday, March 26, 2009 at 4:00 p.m. Orange County Water District RECEIVED Members City of Anaheim 18700 Ward Street APR 0 8 2009 City of Buena Park Fountain Valley, CA City of Cypress City of Fountain Valley City of Fullerton Attendees' City of Huntington Grove City of Huntington Beach Art Perry, Mesa Sanitary District yr ry City of Irvine Jim Wahner, Orange County City of Newport Beach Jan Debay, Orange County Water District City of Orange City of Placentia Lance Natsuhara, County of Orange City of Santa Ana Phil Anthony, Orange County Water District City of Seal Beach City of Stanton Jeremy Yamaguchi, City of Placentia City of Tustin Jim Ferryman, Orange County Sanitation District City of Westminster Nadeem Majaj, County of Orange City of Yorha Linda County of Orange Dan Horton, City of Yorba Linda Costa Mesa Sanitary District Herb Nakasone, County of Orange 0 C Sanitation District John Collins, City of Collins 0 C Flood Control District 0 C Water District Don Martinson, SARFPA 'lin Address Wox 4048 1. Call to Order Ana, CA 92702.4048 Phone Meeting was called to order by Chairman Wahner at 4:00pm. (714) 834.5142 2. Report on Prado Dam Dedication Ceremonv Fax: (714) 834 -4572 Chairman Wahner gave a brief review of an event that was held at Prado Dam Location of February 27, 2009, and commented that it was very well attended as shown 300 N. Flower, Room 720 in the photos included with the agenda. SARFPA members that attended Santa Ana CA 92702 -5000 include Mr. and Mrs. Frank Fry, Beverly and Jim Wahner, Jan Debay, and Don Martinson. Invitations were sent to all SARFPA members and perhaps others were in attendance also. Congressman Ken Calvert gave a key note speech along with Supervisor Bill Campbell and Mr. Erick Taylor of Skanska Construction Company. 3. Status of SARI Line Relocation Project Lance Natsuhara gave an update on the progress of the project. A handout was provided that shows the general alignment and the timeline for various phases of the project from preliminary design to construction. Tetra Tech is the consulting engineering firm that has been selected to prepare the preliminary engineering and final engineering drawings. The Corps of Engineers is conducting the EIS /EIR certification process. The timeline for completion of the various project elements is as follows: Page 1 of 3 Santa -Ana fiver 9'C od- cProtectzon.Agency T • • Begin Preliminary Design — Feb 2009 • EIS /EIR Certification — June 2009 • Begin Final Design — July 2009 • End Design — Feb 2010 • Begin Construction — April 2010 • End Construction — Mar 2012 Total estimated cost is 100 million dollars. The funding is being provided by the County of Orange with the aid of loans from the Orange County Sanitation District and the Santa Ana Watershed Project Authority. It was noted that a complicating factor in the design of the facility is the location of the Whittier fault that runs along the course of the Santa Ana River in this location. In addition, there is a need to construct a parallel sewer to intercept the sewer flows from the City of Yorba Linda. It is hoped that the project will eventually be partially funded by the State Subvention Fund Program that could pay up to 70% of the total cost of the project if state funding becomes available. 4. Status of Levee Certification Program FEMA enacted a three year certification program that was implemented throughout the country to have all agencies that have flood protection levees must pass a certification process. The US Corps of Engineers needs to certify that levees are structurally sound and capable of protecting life and property from potential 100 year storm events. Santa Ana River levees have been certified with a possible exception of a small area near Yorba Linda that may be confused with a natural bank area in a natural water course. Other areas in South Orange County and the Huntington Beach area will need levee improvements to avoid being placed in a flood zone that will require home owners to have mandatory flood insurance. 5. Outlook for future Federal and State funding An exhibit entitled "2009 Appropriations for the Santa Ana River Mainstem Project' was provided. A federal 2009 appropriation in the amount of $14 million has been authorized for the completion of construction of the Prado Dam embankment and outlet works that have been designed to have a capability of releasing up to 30,000 cubic feet per second to the Santa Ana River. Funds may be available from the American Recovery and Reinvestment Act of 2009 for $44 million. These funds would be used to complete Reach 9 phase II bank protection along State Route 91 and to protect residences and freeway from higher Prado Dam releases. I ]l Page 2 of 3 Santa -1 na Wver Flood - cProtection .Agency 6. Review and consideration for approval of proposed budget for Fiscal Year 2009-10) A handout was provided that shows the Fiscal Year 07 -08 and Fiscal Year 08- 09 budgets. Don Martinson reported that Jim McConnell, a professional lobbyist retained by the County of Orange and SARFPA for liaison work with the congressional offices in Washington, DC, has requested an increase in the fee paid by SARFPA for his services. Mr. McConnell has received a fixed fee of $500 per month for approximately 20 years from the SARFPA budget. His services to SARFPA are focused directly to the Santa Ana River Mainstem Project. Mr. McConnell travels frequently to Orange County and has attended many of the SARFPA meetings in the past, and has always made himself available to us either by phone or in person when he is in Orange County. Several of the staff members of the Flood Control District and representatives of SARFPA spoke highly of the services provided by Mr. McConnell and felt it was appropriate to raise his compensation, especially in view of the increase in travel cost over the past 20 years and that they would also welcome his attendance at an occasional meeting of SARFPA when he is available in Orange County. By motion of representative John Collins, seconded by representative Herb Nakasone and unanimously carried the account line item 1900 for professional services in the 2009 - 10 budget is increased from $32,000 to $35,000 with the total services and supplies to be $38,050, and the increase in the monthly compensation to Mr. McConnell would be from $500 to $790. 7. Public and Representative Comments Representative John Collins noted that the SARFPA members should be aware of a study being conducted by the OCTA to determine the feasibility and potential cost to utilize the Santa Ana River as an extension of the 57 freeway to the 405 freeway to relieve traffic congestion. Studies are on -going and the preliminary estimates are that any project of that magnitude and scope would cost several billion dollars and take several decades to implement. Don Martinson was instructed to contact the OCTA and request that a presentation be made to the Full SARFPA Agency meeting June 25, 2009. 8. Adjournment Meeting was adjourned at 5:30pm. Enclosures: 2009 — 2010 SARFPA Budget Page 3 of 3 SANTA ANA RIVER FLOOD PROTECTION AGENCY - FUND 787 FY 2008 -09 FY 2008 -09 FY 2008 -09 Proj FY 2009 -10 ACCOUNT Budget Actuals Feb. 08 as of Feb. 08 Act Budget EXPENDITURES 0700 Comunications 1800 Office Expense - 1,175 - - 1900 Prof & Spec Svcs 32,000 20,984 30,825 35,000- 1912 Treasurers Investment Charges 50 27 50 50 2700 Transp & Travel - Mtgs 3,000 - 401 3,000 Total Svcs & Supplies 35,050 21,011 32,451 38,050 Increase To Reserve - - - - TOTAL REQUIREMENTS 35,050 21,011 32,451 38,050 REVENUES Fund Balance Available 4,950 1,413 1,413 - 6610 Interest 3,000 673 1,500 1,500 7130 Contrib From Other Agencies 24,200 21,925 23,100 23,100 7670 Misc Revenue (Bankruptcy Settlement) - - - - Decrease To Reserve 2,900 6,438 6,438 13,450 TOTAL FINANCING 35,050 30,449 32,451 38,050 Ending Fund Balance Available - 9,438 - - General Reserve Balance 34,146 37,046 23,596 Revenue Assumption Members 22 21 21 Annual Membership Dues 1,100 1,100 1,100 H: \tahilr0ia \personal \FY 2009 -10 SARFPA Budget.xls 3/16/2009 11:18 AM , r, Orange County LAFCO Best Practices Summit March 16t' 2009 at Costa Mesa Communi ty Center Attended by Art Perry- Bob Ooten Meeting called to order by Joyce Crosthwaite with the invited agency representatives from cities and districts with the purpose of learning about service issues that we are facing, how are we providing services, addressing future challenges and to identify opportunities for partnering. LAFCO wants to focus on innovative and efficient ways agencies are meeting those challenges and to engage the thinking of elected officials and staff members within those districts and cities. First Speaker Susan Wilson- Chairman of LAFCO 1. Review every 5 years 2. This conference start's the 5 year review 3. Many money challenges in all agencies 4. You're your thinking caps — About your best practices within the county. Second Speaker- Mayor Curt Pringle of Anaheim 1. Opening remarks- If he had his way '/z of this group wouldn't be here today. 2. He does not want to keep government "Status Quo" 3. Don't do things the same way- but do them better. 4. Challenge to audience- Look at ways to do our job's better. 5. He then discussed what he is doing in Anaheim with community open space- working with the school district to keep schools open for community use - 6. He tries to provide maximum service to the city he represents A Third Speaker- Ms. Lucy Dunn — President and CEO — Orange County Business Council 1. Orange County is in a good position to get out of this poor business cycle. 2. Challenging —To think of Orange County a. 5th largest County in the United States b. We are still growing in population C. We are losing a large percent of our Middle Class d. The Bankruptcy is over- We need to think of the County as a friend to Cities and Districts e. Think creatively of ideas of incentives of community control & command 1. Permit streamlining 2. Incentives for businesses 3. When business is thriving — Money is in the coffers 4. We need to think what business is thinking and needs f. Business community loves to be asked to help in many areas I. Best Practices should be showcased g. Business Community knows we need housing. h. Business community loves "Creativity Thinking" 1. Ground water replenishing in the county i. Issues of Business community 1. 190 thousand units with increases of over one million people in L.A. County 2. How to make housing work in Orange County 3. Water Issue — is large issue to business community 4. Don't be tone deaf to troubled times and what's around us. j. Never forget- Leadership at the top "Is lonely" r !. 0 Common Themes from LAFC ®y s First Round of Municipal Service Reviews Public agencies in Orange County are doing a good job Public agencies in Orange County are responding in creative and innovative ways to address service needs. Annexing Unincorporated Islands is important Through a partnership with the County of Orange, cities, LAFCO and residents, 37 islands have been annexed successfully. Issues of infrastructure, differing land uses, opposition and fiscal shortfalls need to be addressed. Fiscal Constraints Public agencies' shrinking revenue bases and reductions in state and federal grants have reduced the resources available to carry out the functions of local government. Increasing Regulatory Controls Increased regulatory controls from the State and sometimes from local agencies (i.e., in wastewater, environmental protection, affordable housing, urban runoff and greenhouse gas emissions) hamper local agencies. How is Effective service Provision Determined? How does LAFCO determine the most effective service provider? What standards can be used? • • Page 1 of 1 Joan From: Sent: To: Cc: Revak Rob Hamers [robh2 @cox.net] Saturday, March 28, 2009 6:58 AM Arlene Schafer Joan Revak Subject: LAFCO Summit Hi Madame President, I attended the LAFCO Best Practices Summit on Friday, 3/27/09, at the Neighborhood Community Center and it was very well run and valuable. Everyone there agreed it was a great idea. Joyce is a very good moderator and the one minute reports from each table were excellent. I sat at Table 1.0 with Ray Kromer, City Manager of Fountain Valley, and our table had very interesting discussion and conclusions. I represented our table by presenting our ideas to the entire group. In a nutshell, besides the scarcity of water (there were A LOT of water districts present), the consensus was municipalities sharing services and "communicate" with the public to gain support and other agencies to share services. Joyce said LAFCO staff will be preparing a report for the Commission's consideration. Directors Perry and Ooten were present as was Janel Jackson, in furtherance of her career. Janel replaced Director Perry at John Moorlach's table when Director Perry was called back to school. Please pass on to Joyce she was very professional and well received. I will include this report in the Board packet and please call if any questions. Thank you, Rob Harriers Manager /District Engineer Costa Mesa Sanitary District (949) 631 -1731 office ph. (714) 293 -2727 Rob's cell (949) 548 -6516 fax robh2@cox.net home office email rbhinc@pacbell.net work office email 4/8/2009 4 t� • roclamation Outstanding Service 71a�a �Jzee�ry 4 in appreciation of ongoing dedicated service as founding chef of many cFiarzty events; for raising over $250, 000 annually with other chefs for Share Our Selves; for supporting the Chamber's annual Tfianksgiving Food Drive and other important organizations such as Yfa6itat for Yffumanity; for lending your talents as chef to Natalie's Wisfi and other humanitarian group efforts; and especially for recognizing that giving to and supporting society is the greatest service of all. (Proclaimed this 27th day ofAprd 2009 By the Board of Directors, Costa Wesa Sanitary Distrtct CLdeew Sdiaf m, J w,.3idetd gaw Monahan,, Swwtaw 0 roclamatl'on Outstanding Service 9 0 0 _,q 26a-,Cff& In appreciation of 28 years of corporate support of the arts in Orange County andfor recognizing the importance of creative and imaginative endeavors in society; for pursuing business -arts partnerships to sustain the promotion of arts; for rallying and encouraging Defoitte employees to give tFieir free time as partners, principafs and directors of nonprofit organizations such as theAmerican Cancer Society andAmerican Yleart Association; for committing to the betterment andgood of society; and for placing community service above all else. lnroclaimed this 27th day ofAprd 2009 �By the (Board of (Directors, Costa Wesa Sanitary District ZALLUU i *"d Q1, TO proclamation of outstanding Service @fk 0, e Y, Z UL In appreciation of 28 years of corporate support of the arts in Orange County andfor recognizing the importance of creative andimaginative endeavors in society; for pursuing business -arts partnerships to sustain the promotion of arts; for rallying and encouraging 1Defoitte employees to give their free time as partners, principals and directors of nonprofit organizations such as theAmerzcan Cancer Society andAmerican Yfeart Association; for committing to the 6etterment andgood of society; and for placing community service a6ove afl else. Procfaimed this 27tH day of Aprt12009 By the Board of (Directors, Costa 9Kesa Sanitary District CLceene SGF��, J ices ide�t i etaW Monahan, SwwtaW +i i� ci 0 20 proclamation of Outstanding Service erzeo-e In appreciation of outstanding individual achievement as ftesident of Costa Mesa Pop Warner Youth (Football and Cheerfeading; for teaching kids and young adults how a strong work ethic leads to success on the field, in the classroom, and throughout life; for providing this opportunity for the Costa Mesa families and others who participated 6y personally committing to the program's success; for demonstrating excellence in organization and management and for persevering until success was achieved; and all the while placing the good of the community above all else. Proclaimed this 27th day of April2009 By the Board of Directors, Costa Mesa Sanitary District C y&m Sd.am, J w,64 ent et , Secrceta►W March 12, 2009 Mr. Art Perry Board President Costa Mesa Sanitary District 628 West 19th Street Costa Mesa, California 92627 Dear Mr. Perry: Notice of Nominations for the Special District Risk Management Authority (SDRMA) Board of Directors September 2009 Election is being provided in accordance with the SDRMA Sixth Amended and Restated Joint Powers Agreement. The following nomination information is enclosed: Director Information Fact Sheet, Nomination /Election Schedule, and SDRMA Election Policy No 2007 -06. General Election Information - Four (4) Directors seats are up for election. Nomination filing deadline is Wednesday, June 10, 2009. Ballots will be mailed to all SDRMA member agencies during the last week of June. Mail -in ballots will be due September 10, 2009. Nominee Qualifications - Nominees must be a board member or full -time management employee and be an active 10 member agency of either SDRMA's property and liability or workers' compensation programs. Candidates must be nominated by resolution of their member agency's governing body. Candidates must complete and submit a "Statement of Qualifications ". Nomination Documents and Information - Nomination documents (Nominating Resolution and Candidates Statement of Qualifications) and nomination guideline information may be obtained on SDRMA's website at www.sdrma.org. To obtain documents electronically: From the SDRMA homepage, click on the 2009 Nomination and Election Information" button located on the left side of the web page just below Member Log -in. All necessary nomination documents and ;• election information may be downloaded and printed. Nomination documents and election information may also be obtained by contacting SDRMA SR.Member Services Representative Ellen Mirabal Doughty at 800.537.7790. Term of Office — Directors are elected to 4 -year terms. The term of office for the newly elected Directors will begin January 1, 2010 and expire December 31, 2013. Nomination Filing Deadline — Nomination documents must be received in SDRMA's office no later than 5:00 P.M. on Wednesday, June 10, 2009. Please do not hesitate to contact me at 800.537.7790, if you have any questions regarding the 2009 SDRMA Board of Director Nominations and /or the election process. Sincerely, Special District Risk Management Authority &armrnesW, Towns, ARM Chief Executive Officer An alliance comrndt.:d to serving California Special Districts Association CSDA Finance Corporation Ca lifnrnia's indepe.noent {�ecial ci;trkits 1112 1 Street, Suite 200 1112 1 Street, Suite 200 .v,v :v.all >perialdlstncts.e�n� Sacramento. California 958142865 Saciamento. California 95811 -2865 Toll -free 877.924.CSDA (2732) Toll -free 877.924.CSDA (2732) Fax 916.442.7889 Fax 916.442.7889 Special District Risk 1112 1 Street, Suite 300 Mange nent Authority Sacramento. California 95814 -2865 zo T 916.231.4141 Maximizing Protection. F 916.231.4111 Minimizing Risk. Toll -free 800.537.7790 • www.sdrma.org Notification of Nomination — 2009 Election V4 MIR SDRMA Board of Directors M[ SA COST�1I�ItSA oA� I.._i , ili 9IS]R,CT March 12, 2009 Mr. Art Perry Board President Costa Mesa Sanitary District 628 West 19th Street Costa Mesa, California 92627 Dear Mr. Perry: Notice of Nominations for the Special District Risk Management Authority (SDRMA) Board of Directors September 2009 Election is being provided in accordance with the SDRMA Sixth Amended and Restated Joint Powers Agreement. The following nomination information is enclosed: Director Information Fact Sheet, Nomination /Election Schedule, and SDRMA Election Policy No 2007 -06. General Election Information - Four (4) Directors seats are up for election. Nomination filing deadline is Wednesday, June 10, 2009. Ballots will be mailed to all SDRMA member agencies during the last week of June. Mail -in ballots will be due September 10, 2009. Nominee Qualifications - Nominees must be a board member or full -time management employee and be an active 10 member agency of either SDRMA's property and liability or workers' compensation programs. Candidates must be nominated by resolution of their member agency's governing body. Candidates must complete and submit a "Statement of Qualifications ". Nomination Documents and Information - Nomination documents (Nominating Resolution and Candidates Statement of Qualifications) and nomination guideline information may be obtained on SDRMA's website at www.sdrma.org. To obtain documents electronically: From the SDRMA homepage, click on the 2009 Nomination and Election Information" button located on the left side of the web page just below Member Log -in. All necessary nomination documents and ;• election information may be downloaded and printed. Nomination documents and election information may also be obtained by contacting SDRMA SR.Member Services Representative Ellen Mirabal Doughty at 800.537.7790. Term of Office — Directors are elected to 4 -year terms. The term of office for the newly elected Directors will begin January 1, 2010 and expire December 31, 2013. Nomination Filing Deadline — Nomination documents must be received in SDRMA's office no later than 5:00 P.M. on Wednesday, June 10, 2009. Please do not hesitate to contact me at 800.537.7790, if you have any questions regarding the 2009 SDRMA Board of Director Nominations and /or the election process. Sincerely, Special District Risk Management Authority &armrnesW, Towns, ARM Chief Executive Officer An alliance comrndt.:d to serving California Special Districts Association CSDA Finance Corporation Ca lifnrnia's indepe.noent {�ecial ci;trkits 1112 1 Street, Suite 200 1112 1 Street, Suite 200 .v,v :v.all >perialdlstncts.e�n� Sacramento. California 958142865 Saciamento. California 95811 -2865 Toll -free 877.924.CSDA (2732) Toll -free 877.924.CSDA (2732) Fax 916.442.7889 Fax 916.442.7889 • • Attachment One SORMA BOARD OF DIRECTORS ROLE AND RESPONSIBILITIES JA01%, SDRMA • C LJ FACT SHEET BOARD OF DIRECTORS ROLE AND RESPONSIBILITIES Special District Risk Management Authority (SDRMA) is a public entity Joint Powers Authority established to provide cost - effective property, liability and worker's compensation coverages and comprehensive risk management programs for special districts and other public agencies and providers of municipal services throughout California. SDRMA is governed by a Board of Directors elected from the membership by the programs' members. Number of Board Members 7 -Board Members: SDRMA Board of Directors consists of seven (7) Board Members, who are elected at -large from members participating in either program. Board of Directors' Role SDRMA Board of Directors provide effective governance by supporting a unified vision, and ensuring accountability, setting direction based on SDRMA's mission and purpose, as well as establishing and approving policy to ensure SDRMA meets its obligations and commitment to its members. Board Member Board Member responsibilities include a commitment to: serve as a part of a unified Responsibilities governance body; govern within Board of Directors' policies, standards and ethics; commit the time and energy to be effective; represent and make policy decisions for the benefit, and in the best interest, of all SDRMA members; support collective decisions; communicate as a cohesive Board of Directors with a common vision and voice; and operate with the highest standards of integrity and trust. Four (4) Seats 4- Seats: Elections for Directors are staggered and held every two years, four seats For this Election during one election and three seats in the following election. Four seats are up for election this year. Term of Directors 4 -Year Terms: Directors are elected for 4 -year terms. Terms for directors elected this election begin January 1, 2010 and end on December 31, 2013. Board Member Travel Board Members are reimbursed for reasonable travel and lodging in accordance Reimbursement with SDRMA Board Policy Manual 2006 -04 and applicable laws. Number of Meetings per Year 12 -Board Meetings Annually: Generally not more than one (1) meeting per month, with an average of nine (9) meetings per year. Meeting Location SDRMA office in Sacramento, California. Meeting Dates Typically the first or last Wednesday of each month (overnight stay recommended the night prior to the meeting). Meeting Starting Time 8:30 a.m.: Meetings begin promptly. Meeting Length 6 - 8 hours: Length of meetings on average. Average Time Commitment 15 - 20 hours: Commitment per month. "The mission of Special District Risk h4anagement Authority is to provide renewable, efficiently priced risk financing and risk management services through a financially sound pool to CSDA member districts, delivered in a timely, cost efficient manner, responsive to the needs of the districts. " Sp .vial Dist;iCt Risk t.Aanagernent Auth;-),ity I 1'i 12 `P' Street. Suita 300 1 Sacrarr auto, CA 9 814 Toll Frss: 800"7.7790 .7790 ww,rd sdrma.org Attachment Two .7 4) E SDRMA 2009 ELECTION SCHEDULE SURMA BOARD OF DIRECTORS .1 1. �; 0 it E� 1 y i � 11 3', i; -,; 1 1, fl i:' ,'! I � 11 B P: C, �j i z-, f T Pi .,le Man I - a "" . 0 0 2009 Proposed Election Schedule SI IM] T:IW1TIFIS 1 2 3 4' 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 S I M TIWiT I F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24, 25 26 27 28 29 30 31 -- -. ._ - S M I T I W I TIFIS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 S M I 'T T� I T � S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23- 24, 25 -30- .31 26 27 28 29 S M I T I W I TIFIS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 S M T I W I T F�S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Wp4RIdoQQ S j M T W'µT F 3 1 2 3 4 5 6 7 8 9 10 . 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ©1§@1@ W-@@(2 S! MI T I W1 T! F I S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 i1f?L306 S I M I T I W I T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 S M I T I W T F� S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 oc�oa SIMIT W1 TIFIS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 • Ir 51 1 11155 2/4 Board approves Election Schedule 3/4 Board approves 2 Election Committee Members 3/9 -11 Mail Notification of Election and Nomination Procedure to Members in March 90 days prior to mailing Ballots (102 actual days) 06/10 Deadline to return nominations in June 06/12 Election Comm. Reviews Nominations 06/22 -23 Mail Ballots 60 days prior to ballot receipt deadline (79 actual days) 9/10 Deadline to Receive Ballots before Annual Meeting (no set number of days) 9/11 Election Comm. Counts Ballots 09/23 Board /Annual Members Meeting Introduce Newly Elected Directors 10/28 Invite Newly Elected Directors to attend Board Meeting 0112010 Newly Elected Directors Seated Election of Officers SDRMA S M- T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 S M T I W I T F�S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Wp4RIdoQQ S j M T W'µT F 3 1 2 3 4 5 6 7 8 9 10 . 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ©1§@1@ W-@@(2 S! MI T I W1 T! F I S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 i1f?L306 S I M I T I W I T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 S M I T I W T F� S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 oc�oa SIMIT W1 TIFIS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 • Ir 51 1 11155 2/4 Board approves Election Schedule 3/4 Board approves 2 Election Committee Members 3/9 -11 Mail Notification of Election and Nomination Procedure to Members in March 90 days prior to mailing Ballots (102 actual days) 06/10 Deadline to return nominations in June 06/12 Election Comm. Reviews Nominations 06/22 -23 Mail Ballots 60 days prior to ballot receipt deadline (79 actual days) 9/10 Deadline to Receive Ballots before Annual Meeting (no set number of days) 9/11 Election Comm. Counts Ballots 09/23 Board /Annual Members Meeting Introduce Newly Elected Directors 10/28 Invite Newly Elected Directors to attend Board Meeting 0112010 Newly Elected Directors Seated Election of Officers SDRMA Attachment Three • 0 SURMA BOARD OF DIRECTORS ELECTION POLICY NO. 2007-06 Alo!,(',�!ty t flrop, fly Worke"i JA064, SDRMA Policv No. 2007 -06 SDRMA A POLICY OF THE BOARD OF DIRECTORS OF SPECIAL DISTRICT RISK MANAGEMENT AUTHORITY ESTABLISHING GUIDELINES FOR DIRECTOR ELECTIONS, DIRECTOR APPOINTMENTS, AND CREATION OF A SUPERVISING ELECTION COMMITTEE WHEREAS, SPECIAL DISTRICT RISK MANAGEMENT AUTHORITY (SDRMA) is a joint powers authority, created pursuant to Section 6500, et. seq. of the California Government Code; and WHEREAS, the Board of Directors recognizes that it is in the best interest of the Authority and its members to adopt a written policy for conducting the business of the Board; and WHEREAS, establishing guidelines for the Director elections will help ensure a process that is consistent for all nominees and candidates, will promote active participation by SDRMA members in the election process, and will help ensure election of the most qualified candidate(s); and WHEREAS, the Bylaws provide the Board with the option of conducting the election using a mail -in ballot process; and WHEREAS, the Board of Directors of SDRMA has an overriding and compelling interest in insuring the accuracy of the election process of its Board members through the creation of an election committee; NOW, THEREFORE, it is the policy of the Board of Directors of SPECIAL DISTRICT RISK MANAGEMENT AUTHORITY, until such policy shall have been amended or rescinded, that the following procedures shall be followed when conducting Director elections: • 1.0 Election Schedule • 1.1 Not later than January of each election year, the Board of Directors shall approve an election schedule based on the following criteria and time frames. 2.0 Election Committee 2.1 The Board of Directors herein establishes an election committee with the following composition, duties and responsibilities: The five (5) members of the Election Committee shall include two presently sitting members of the Board of Directors of SDRMA whose seats are not up for election, the Chief Financial Officer of SDRMA, and the CPA/auditor regularly used and retained by SDRMA at the time of counting ballots of and for an election to the Board of Directors. For good reason found and stated, the Board of Directors of SDRMA may appoint any CPA/auditor who, in the discretion of the Board of Directors, would appropriately serve the Election Committee. The General Counsel for SDRMA shall also sit as a member of the Election Committee with the additional obligation of providing legal advice to the balance of the Committee as legal questions may arise. 3.0 Member Notification of Election 3.1 Authority staff shall provide written notification, of an election for the Board of Directors, to all member agencies during March of each election year. Such written notification shall be provided a minimum of ninety (90) days prior to the distribution of ballots and shall include: (1) the number of Director seats to be filled by election; (2) a copy of this nomination and election procedure; and (3) an outline of nomination /election deadline dates. Special District Risk Management Authority Page 1 of 5 Director Election Guidelines January 30, 2008 Policv No. 2007 -06 mm • 4.0 Qualifications 4.1 Candidates seeking election or re- election to SDRMA's Board of Directors must be a member of the Governing Body or a full -time management employee (as determined by the Governing Body) of an SDRMA member. Only one (1) representative from any Member may serve on the Board of Directors at the same time. [Per Bylaws, Article Il, (2) (b)] 4.2 Each nominated candidate must submit a properly completed and signed "Statement of Qualifications" (required form attached) on or before the filing deadline in June in order for the candidate's name to be placed on the official ballot. A candidate shall provide responses to the first three questions on the candidate's "Statement of Qualifications ". However, a response to the fourth section titled General Comments /Statements is optional. Each nominated candidate's "Statement of Qualifications" must be filed on or before the aforementioned deadline by (1) personal delivery to SDRMA's office; or (2) by U.S. mail received by the SDRMA office. When ballots are mailed to the membership, each candidate's "Statement of Qualifications" form will be distributed to the membership exactly as submitted by the candidate to SDRMA. However, any attachments submitted by the candidate(s) with the Statement of Qualifications will not be sent by SDRMA with the ballots to any members. 4.3 If a nominated candidate elects not to use the provided form "Statement of Qualifications," and prepares instead the candidate's own completed form, the candidate's form must include the title "Statement of Qualifications" and contain exactly all information required and requested by the provided form. NOTE: The candidate's "Statement of Qualifications" form must be submitted as a part of the nominating process. When ballots are mailed to the membership, each candidate's "Statement of Qualifications" form will be distributed "exactly as submitted" to SDRMA, except that any attachments submitted by the candidate will not be sent to any SDRMA members. is 4.4 A candidate that does not submit a Candidate's Statement of Qualifications which complies with Section 4.2 or 4.3 will be disqualified by the SDRMA Election Committee. 5.0 Nominatine Procedure 5.1 Candidates seeking election or reelection must be nominated by action of their respective Governing Body. Only one (1) candidate may be nominated per member agency. A resolution from the candidate's district/agency Governing Body nominating the candidate must be received by the Authority on or before the scheduled date in June. (A sample of the resolution is enclosed). Actual receipt by the Authority on or before the scheduled deadline date in June is required. The resolution nominating the candidate may be hand - delivered to the Authority or sent by U.S. mail. 5.2 The Election Committee, as hereinabove defined and comprised, shall review all nominations received from members and will reject any nominations that do not meet all of the qualifications specified and set forth in this policy. Following the Election Committee's review of all nominations, the Election Committee shall direct that a ballot be prepared stating and listing all of the qualified nominees. The ballot of qualified nominees shall be distributed to the membership for election by mail as described below. 5.3 Upon verification or rejection of each nominee by the Election Committee, staff will mail acknowledgment to both the nominee and the district/agency of their acceptance or rejection as a qualified nominee for election. 5.4 A nominee requesting that his /her nomination be withdrawn prior to the election, shall submit such requests in writing to SDRMA's office a minimum of three (3) days prior to the scheduled date for mailing the ballots. After that date, all qualified nominees names shall appear on the ballot mailed to the membership. 0 Special District Risk Management Authority Page 2 of 5 Director Election Guidelines January 30, 2008 Policv No. 2007 -06 0 6.0 Campaigning SDRMA 6.1 SDRMA staff will mail each qualified candidate's "Statement of Qualifications ", "exactly as submitted" by the candidate with the ballots to the membership. 6.2 Candidates, at their own expense, may distribute additional information to member agency(s) after the ballots have been mailed and prior to the election. 6.3 SDRMA staff is prohibited from actively promoting a candidate or participating in the election process while on Authority premises. 6.4 SDRMA staff may provide member information, mailing lists, financial reports or operational data and information, that is normally available through the Public Records Act, to candidates to assist them in their research and campaigning. Under existing policy, copying or other charges will apply to some requested items. 6.5 Election mailings to the membership, including ballots and candidates' "Statements of Qualifications ", shall be sent via first class mail. 7.0 Ballotine 7.1 A ballot containing nominees for the Board of Directors, accepted and approved by the Election Committee, shall be mailed by first class mail, to each SDRMA member agency, except as provided in Section 7.2 below, no less than sixty (60) days prior to the deadline for receiving ballots and the closing date for voting. Ballots shall show the date and time the ballots must be received in SDRMA's office. A self- addressed, stamped, return envelope shall be mailed with each ballot. 116 7.2 In the event that the number of qualified /approved nominees is equal to or less than the number of director seats up for election, the mailing of the ballots as outlined in Section 7.1 shall be waived. 7.3 Only those qualified nominees approved by the Election Committee will be eligible candidates on the ballot. Write -in candidates shall not be accepted. 7.4 It is required that the Governing Body of each member vote on behalf of their agency (sample Resolution enclosed) and the ballot MUST be signed by the agency's Presiding Officer. 7.5 A member may not vote unless the member was a member of the Authority in good standing on or before the nomination due date for the pending election. 7.6 A member may cast only one (1) vote for the same candidate. By way of example, if there are four (4) candidates on the ballot, a member may not cast two (2) to four (4) votes for any single candidate. Any ballot casting more than one (1) vote for the same candidate will be considered void. 7.7 A member may vote by using the official ballot provided by SDRMA, or a copy of SDRMA's original ballot, or a reasonable duplicate prepared by the member agency. Whichever of the three foregoing formats is used, the ballot must contain an original signature and confirmation that the ballot was approved at a public meeting of the agency's Governing Body. Ballots submitted without an original signature and /or without confirmation that the form of the ballot was approved at a public meeting of the agency's Governing Body will be considered void. 7.8 Ballots may be returned using either hand - delivered or mailed in ballots - faxed or e- mailed ballots will not be accepted. Mailed in ballots must be addressed to, and hand - delivered ballots must be delivered to, the Special District Risk Management Authority office presently located at 1112 1 Street, Suite 300, Sacramento, California 95814 -2865. 7.9 Any ballot received after the specified deadline will not be counted and will be considered void. Special District Risk Management Authority Page 3 of 5 Director Election. Guidelines January 30, 2008 Policy No. 2007 -06 SDRMA 8.0 Election Results I* 8.1 All ballots will be opened and counted at SDRMA's office only after the deadline for receiving ballots. Ballots will be opened by SDRMA's Election Committee, no more than five (5) days after the closing deadline. Candidates receiving the highest number of votes shall be declared the elected director(s). 8.2. In the event of a tie, a coin toss shall be used to determine the elected director. The coin toss shall be conducted by the Election Committee at the time and place of the conclusion of counting ballots. PROCEDURE: In the event more than two (2) candidates tie, the coin toss shall be between two (2) candidates at a time based on the order in which their name appeared on the ballot. This process shall be repeated, as needed, in cases where there are more than two (2) candidates. 8.3. Excluding tie votes, within five (5) days after the ballots are opened and tabulated Authority staff shall advise the candidates and their respective agency in writing of the final election results. Copies of the results shall also be mailed /distributed to SDRMA's Board of Directors, staff and consultants and published in the first available CSDA newsletter. 8.4. If a director -elect withdraws after the election or fails to accept the Director seat prior to December 31, the Board shall name a new director -elect by going back to the ballot and awarding the seat to the candidate receiving the next highest number of votes during the election. 8.5. In the event a director vacancy(s) occurs after the date specified in Section 8.4 above, such appointment, will be made by the remaining members of the SDRMA Board. In order to accomplish this in an orderly and consistent manner, when a vacancy(s) of an elected Director(s) occurs, the SDRMA Board of Directors, after discussion and consideration, shall, when deemed appropriate, instruct staff to: a) notify all then member entities that a vacancy has occurred, and b) said notice shall refer to the applicable Article in the By -laws in advising member entities and their eligible candidates of the steps to take to apply for appointment; and c) the SDRMA Board shall establish the closing date for the receipt of applications; and d) candidates shall submit the following, by the date specified in the notice: i) a letter of interest, and ii) a resume, with particular emphasis on the candidates knowledge of special districts and risk- management, and iii) a resolution from, or a letter approved by, the candidate's Governing Body nominating the candidate., and e) candidates shall be interviewed at the next regularly scheduled meeting of the SDRMA Board of Directors following the date of closure for applications; and f) the SDRMA Board shall make the appointment without undue delay, but need not act at the same meeting. 8.6. A member or candidate, dissatisfied with the election result may, within ten (10) days after the ballots are opened and tabulated, file with the Authority a written challenge and appeal. The challenge and appeal must clearly set forth the complaint and any and all facts in support of the challenge and appeal. Within ten (10) days after the ballots are opened and tabulated, the challenge and appeal shall be delivered and received by the Authority. Within five (5) days of receipt of the challenge and appeal, the Authority shall deliver the same to the Election Committee for decision. The Election Committee shall have absolute authority for deciding the challenge and appeal. Notice of the decision of the Election Committee shall be provided to the party filing the challenge and appeal within ten (10) days. 9.0 Director(s) Elect 9.1 Staff shall invite newly elected director(s) to attend the Annual Membership meeting and all scheduled Board meeting(s) after confirmation of election results until the director(s) elect assume office. Director(s) elects will be reimbursed for expenses, except for director stipends, in accordance with approved director reimbursement policy (copy of policy shall be provided to newly elected directors). Special District Risk Management Authority Page 4 of 5 Director Election Guidelines January 30, 2008 • 0 • Policv No. 2007 -06 S®RMA Revised and adopted this 30`h day of January 2008, by the Board of Directors of Special District Risk Management Authority, at a regular meeting thereof. This policy rescinds existing Policy No. 2005 -02 and all other policies inconsistent herewith. APPRO ED: aC7' Ken S nksen, President Board of Directors Special District Risk Management Authority Director Election Guidelines ATTEST: Jam s W. Towns, ARM Chief Executive Officer Page 5 of 5 January 30, 2008 • • • Attachment Four SAMPLE RESOLUTION FOR CANDIDATE NOMINATION Available for download in Microsoft Word file format visit our websile of www.sdrma.erg SDRMA • • [AGENCY NAME] RESOLUTION NO. A RESOLUTION OF THE GOVERNING BODY OF THE [AGENCY NAME] NOMINATING [CANDIDATE'S NAME] AS A CANDIDATE FOR ELECTION TO THE SPECIAL DISTRICT RISK MANAGEMENT AUTHORITY BOARD OF DIRECTORS WHEREAS, the Special District Risk Management Authority (SDRMA) is a Joint Powers Authority formed under California Government Code, Section 6500 et.seq., for the purpose of providing risk management and risk financing for California Special Districts and other local government agencies; and WHEREAS, the Joint Powers Agreement (JPA) and Bylaws of SDRMA set forth director qualifications, terms of office and election requirements; and WHEREAS, the Board of Directors of SDRMA established procedures and guidelines for the Director Election process; and WHEREAS, the Board of Directors of SDRMA established a policy requiring candidates seeking election to the SDRMA Board of Directors to be: 1) a board member or full -time management employee and be an active member agency of either SDRMA's property and liability or workers' compensation programs, and 2) nominated by resolution of their member agency's governing body, and 3) each nominated candidate must submit a completed and signed "Statement of Qualifications" on or before the filing deadline in June in order for the candidate's name to be placed on the official ballot. NOW, THEREFORE, BE IT RESOLVED the governing body of [AGENCY NAME] nominates [CANDIDATE'S NAME] its [POSITION TITLE], as a candidate for the Board of Directors of the Special District Rick Management Authority; and further directs that a copy of this resolution be delivered to SDRMA on or before the June 10, 2009 filing deadline. ADOPTED this Dl ATEI of [MONTH /YEAR] by the Governing Body of [AGENCY NAMEI by the following roll call votes: AYES: NAYES: ABSTAIN: ABSENT: 0 ATTEST Secretary [LIST NAMES of GOVERNING BOARD VOTES] APPROVED President Board of Directors Attachment Five • • 1006,11 SDRMA CANDIDATE'S STATEMENT OF QUALIFICATIONS � .1 'fl.i Jt1,1!:rV. nii,i Prrg[,�on Special District Risk Management Authority Board of Directors Candidate's Statement of Qualifications This information will be distributed to the membership with the ballot, "exactly as submitted" by the candidates - no attachments will be accepted. No statements are endorsed by SDRMA. Nominee /Candidate District/Agency Work Address Work Phone Home Phone Why do you want to serve on the SDRMA Board of Directors? (Response Required) Page 1 of 2 March 2009 Special District Risk Management Authority Board of Directors Candidate's Statement of Qualifications What special skills, talents, or experience (including volunteer experience) do you have? (Response Required) I certify that I am a Board member or a full -time management employee for the agency from which I have been nominated. I further certify that I am willing to serve as a director on SDRMA's Board of Directors. I will commit the time and effort necessary to serve. Please consider my application Oor nomination /candidacy to the Board of Directors. Candidate Signature Date Page 2 of 2 March 2009