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Agenda Packets - Board - 1998-11-12COSI& MESA SANITARY DIS -OCT AGENDA s Regular.Meeting — n lam' November. 12, 1998 I. CALL TO ORDER - 12:00 p.m. - Conference Room 1 A II. PLEDGE OF ALLEGIANCE III. INVOCATION IV. ROLL CALL 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, staff, or the public 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. Minute Approval 1. Recycling Committee - October 6, 1998 2. Investment Oversight Committee Meeting - October 8, 1998 3. Regular Meeting - October 8, 1998 Reports Manager's Reports 4. Occupancy Report and payment to Costa Mesa Disposal for trash collection services for November 1998 5. Refunds - See Attached Report 6. Recycling Reports (a) Waste Diversion Report - October 1998 (b) Contract Payment to CR Transfer for recycling services and disposal for October 1998 RECOMMENDED ACTION Approve Approve Approve Approve Approve as Shown Receive and File Approve COSTA MESA SANITARY DISi`RICT November 12, 1998 AGENDA. E Page 2 Q RECOMMENDED ACTION Engineer's Reports 7. Project Status Report Receive and File Treasurer's Reports 8. Financial Report as of October 31, 1998 Receive and File -_= 9. Report of Monies on Deposit as of October 31, 1998 Receive and File 10. Warrant Register for November 1998 in the amount of $ Approve Payment ------------------ - - - - -- -END OF CONSENT CALENDAR------- - - - - -- VI. WRITTEN COMMUNICATIONS VII. PUBLIC COMMENTS VIII. MANAGER'S REPORTS A. Source Reduction and Recycling Element AB939 1. Update on Activities a) Anti - Scavenging and Screening of Trash Containers Enforcement Reports (1) Police Report Accept Report (2) District Ordinance Enforcement Officer Report Accept Report b) Recycling Committee Meeting - November 5, 1998 (1) Trash Collection Program=me Accept Report B. Sharps Program Accept Report C. Special Events 1. Tire Roundup Event - October 17, 1998 Accept Report D. HHW Door -to -Door Collection Program Accept Report E. Newsletter Accept Report F. Beverage Container Grant Accept Report P COSTA MESA SANITARY DISTR CT AGENDA w G. Integrated Waste Management Department Annual Financial Report 1997 -98 IX. ENGINEER'S REPORTS A. Fairview Park Sewer Line - Project No. 160 1. Right of Entry Agreement B. Cal -Trans Encroachment Permit C. Grease Interceptor Regulations X. TREASURER'S REPORTS A. Orange County Bankruptcy XI. ATTORNEY'S REPORTS A. Construction Work 1. Agreements for Emergency Services a.) tlas Underground Company b.) Kennedy Pipeline Company Schuler Engineering Corporation 2. Non - Public Works and Non - Emergency Work Contracts 3. Work on OCSD Facilities by Others 4. Work Under City of Costa Mesa Encroachment Permit B. Operations Code - Status Report XII. LOCAL MEETINGS A. Independent Special Districts of Orange County 1. Cortese -Knox Workshop - October 29, 1998 B. Local Agency Formation Committee (LAFCO) C. Special District Technical Advisory Committee (SDTAC) D. Costa Mesa Chamber of Commerce Legislation Committee November 12, 1998 Page 3 RECOMMENDED ACTION Accept Report Consider Approval Ratify Accept Report Accept Report Approve Agreement Approve Agreement Approve Agreement Accept Report Accept Report Accept Report Accept Report Accept Report Accept Report Accept Report Accept Report COSTA MESA SANITARY DISOICT AGENDA E. Orange County Sanitation District 1. Regular Meeting of October 28, 1998 F. Santa Ana River Flood Protection Agency 1. Resolutions of Support for State and Federal Funding XIII. OLD BUSINESS A. Election Update XIV. NEW BUSINESS XV. ORAL COMMUNICATIONS XVI. ADJOURNMENT • November 12, 1998 Page 4 RECOMMENDED ACTION Accept Report Accept Report Accept Report r� COS& MESA SANITARY, DISTINCT 4 AGENDA Regular Meeting November 12, 1998 I. CALL TO ORDER - 12:00 p.m. - Conference Room 1 A II. PLEDGE OF ALLEGIANCE III. INVOCATION IV. ROLL CALL 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, staff, or the public 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. RECOMMENDED ACTION Minute Approval 1. Recycling Committee - October 6, 1998 Approve 2. Investment Oversight Committee Meeting - October 8, 1998 Approve 3. Regular Meeting - October 8, 1998 Approve - Reports Manager's Reports 4. Occupancy Report and payment to Costa Mesa Disposal Approve for trash collection services for November 1998 5. Refunds - See Attached Report Approve as Shown 6. Recycling Reports (a) Waste Diversion Report - October 1998 Receive and File (b) Contract Payment to CR Transfer for recycling Approve services and disposal for October 1998 COSTA MESA SANITARY DIS CT ® November 12, 1998 AGENDA Page 2 RECOMMENDED ACTION Engineer's Reports 7. Project Status Report Receive and File Treasurer's Reports 8. Financial Report as of October 31, 1998 Receive and File 9. Report of Monies on Deposit as of October 31, 1998 Receive and File 10. Warrant Register for November 1998 in the amount of $220,306.16 Approve Payment - - - -- -END OF CONSENT CALENDAR VI. WRITTEN COMMUNICATIONS VII. PUBLIC COMMENTS VIII. MANAGER'S REPORTS A. Source Reduction and Recycling Element AB939 1. Update on Activities a) Anti - Scavenging and Screening of Trash Containers Enforcement Reports (1) Police Report Accept Report (2) District Ordinance Enforcement Officer Report Accept Report b) Recycling Committee (1) Special Meeting - November 5, 1998 (a) Trash Collection Program Accept Report B. Sharps Program Accept Report C. Special Events 1. Tire Roundup Event - October 17, 1998 Accept Report D. HHW Door -to -Door Collection Program Accept Report E. Newsletter Accept Report F. Beverage Container Grant Accept Report COSTA MESA SANITARY DIS T November 12, 1998 AGENDA Page 3 RECOMMENDED ACTION G. Independent Review of Integrated Waste Management Accept Report Department Annual Financial Report 1997 -98 H. Claims Update 1. 1993 Anaheim Avenue - Small Claims Action Accept Report 2. Toofan Blinksky Hedjazi Accept Report 3. 710 West 16`h Street Approve Payment IX. ENGINEER'S REPORTS A. Fairview Park Sewer Line - Project No. 160 1. Right of Entry Agreement Consider Approval B. Cal -Trans Encroachment Permit Ratify C. Grease Interceptor Regulations Accept Report X. TREASURER'S REPORTS A. Orange County Bankruptcy Accept Report XI. ATTORNEY'S REPORTS A. SDRMA Suggested Board Policy Manual Accept Report B. Operations Code - Status Report Accept Report XII. LOCAL MEETINGS A. Independent Special Districts of Orange County 1. Cortese -Knox Workshop - October 29, 1998 Accept Report B. Local Agency Formation Committee (LAFCO) Accept Report C. Special District Technical Advisory Committee (SDTAC) Accept Report D. Costa Mesa Chamber of Commerce Legislation Committee Accept Report E. Orange County Sanitation District 1. Regular Meeting of October 28, 1998 Accept Report COSTA MESA SANITARY DIS CT November 12, 1998 AGENDA Page 4 RECOMMENDED ACTION F. Santa Ana River Flood Protection Agency 1. Resolutions of Support for State and Federal Funding Accept Report XIII. OLD BUSINESS A. Election Update 1. Administer Oath of Office at District Office on Accept Report Friday, December 4, 1998 at 11:00 a.m. XIV. NEW BUSINESS XV. RECOGNITION OF SERVICE - DIRECTOR NATE READE XVI. ORAL COMMUNICATIONS XVII. ADJOURNMENT CITY COUNCIL AGENDA REPORT MEETING DATE: 11 -16 -98 ITEM NUMBER: SUBJECT: RIGHT OF ENTRY AGREEMENT BY AND BETWEEN THE CITY OF COSTA MESA AND THE COSTA MESA SANITARY DISTRICT FOR FAIRVIEW PARK SEWER IMPROVEMENTS . DATE: -NOVEMBER 9,1998 FROM: PUBLIC SERVICES DEPARTMENT /ENGINEERING DIVISION PRESENTATION BY: WILLIAM J. MORRIS, DIRECTOR OF PUBLIC SERVICES FOR FURTHER INFORMATION CONTACT: ERNESTO MUNOZ AT (714) 754 -5173 RECOMMENDATION: Approve Right of Entry Agreement by and between the City of Costa Mesa and the Costa Mesa Sanitary District for Fairview Park sewer improvements, including a provision to grant an easement for the sewer line upon completion of the improvements. BACKGROUND: For the past ten (10) years, the Orange County Model Engineers (OCME) organization has been operating the "Goat Hill Station" train ride facility . at Fairview Park. The OCME facility has been very popular.with Costa Mesa residents and participation has increased in the past few years. As a result, the OCME organization has planned and budgeted for a snack bar and restroom facility at their location in Fairview Park. This restroom facility was`recently approved by City. Council as part of the Fairview Park Master Plan. At the City Council meeting on April 20, 1998, City Council approved the restroom and snack bar facility and agreed . to fund a portion of the OCME proposed improvements.' In June, 1998, City Council approved $20,000 in the fiscal year 1.998/99- Capital ..Improvement Budget towards the construction' of the restroom facility and $15,000 for the .sewer line improvements to serve the restroom facility. ANALYSIS: As a result of several. meetings with the Costa Mesa Sanitary District. (District) regarding the proposed OCME restroom facility and sewer line needs, the District has agreed to design,. construct, own, operate and maintain a gravity sewer system in Fairview Park from Canyon Drive to the easterly side of Placentia Avenue with a. southeasterly leg to the Estancia High School property line. A map showing the approximate alignment of the sewer line is included as part of Attachment 1 to the Right of Entry Agreement. r The District Board has budgeted $260,000 to fund the design and construction of ._ the sewer line improvements with a minimum $15,000 contribution from the City. The respective duties and responsibilities. of the City and the District for this project are set forth in a signed letter agreement included as Attachment 1 to the Right of Entry Agreement. The alignment 'of the sewer line will be in accordance with the approved Fairview Park Master Plan and the District agrees to construct the sewer line in such a manner so as not to damage the existing vernal pools in the vicinity of the construction site. The District also agrees to allow a City approved and hired archeologist to monitor the trenching activities in compliance with mitigation .measures in the Fairview Park Master Plan. The City will pay for the archeologist services, estimated to be under . $5,000. Included in the Right of Entry Agreement, the City agrees to grant to the District a fifteen (15) foot wide easement for the sewer line. Upon completion of the sewer line improvements, the District will prepare easement maps and legal descriptions and staff will present them to City Council for execution. ALTERNATIVES CONSIDERED: The District studied alternate sewer facilities such as septic tanks, holding tanks, and a pumping station, but found they were too costly over the long term or inadequate to best serve the needs of the entire park. The District and City staff has determined. that a gravity sewer system is the most efficient method of serving the proposed future restroom facilities as indicated and approved in the Fairview Park Master Plan.. FISCAL REVIEW: As approved in the fiscal year 1998 -99 Capital Improvement Budget, Park Development Funds in the amount of $20,000 are available for the construction of the OCME facility restroom and $15,000 are available as the City's contribution towards construction of the sewer line improvements. LEGAL REVIEW:' The City Attorney has reviewed and approved the right of entry agreement as to form.. CONCLUSION: It is recommended that City Council approve the attached Right of Entry Agreement for the construction of sewer line improvements in Fairview Park by the Costa Mesa Sanitary District. -2 l ERNESTO M NOZ WILLIAM J. ORRIS Assistant City Engi eer Director of Fyublic Services- ANDREA DAROCA Interim Director of Finance Attachments: 1 - Right of Entry Agreement with Attachment 1 Distribution: City Manager Deputy City Clerk Interim Director of Finance Staff File 011 3 -/ 00 ttN -� N I NCE_ DI 11 l t� 'i NOVEMBER 2, 1998 98 NOV -5 AP110: 26 C T 11 Or ,-5STA MESilk C;;LI CRN! i TO: ORANGE COUNTY CITY MANAGERS' ASSOCIATION MEMBERS FROM: PAUL BRADY, JR., CHAIRMAN, ORANGE COUNTY INVESTMENT POOL (OCIP) COMMITTEE SUBJECT: ORANGE COUNTY BANKRUPTCY UPDATE My last update was provided to the Orange County City Managers' Association (OCCMA) at our June 1998 meeting. At that time I reported on the $400 million settlement with Merrill Lynch and Company. Since June 1998 there have been a series of settlements with a total of $740 million in recoveries. Recoveries have included: Morgan Stanley & Co., Inc.; Dean Witter Reynolds, Inc.; Nomura Securities International, inc.; Merrill Lynch & Co.; KP�IG Peat Marwick LLP; Credit Suisse First Boston Corporation; LeBoeuf, Lamb, Green & MacRae LLP; and several others. At present, lawsuit settlements remain with Standard & Poors; Rauscher Pierce Refnes, Inc.; Brown & Wood; and 14 other brokers including Paine Webber, Inc.; Fuji Securities, Inc.; Smith Barney, Inc.; Sanwa Securities; Citicorp Securities; Bear, Stearns & Co., Inc.; Kidder Peabody & Co.; and the list goes on. Mr. Tom Hayes, our representative, together with the County's legal advisors and the OCIP team, continue to work with legal representatives from the other named firms to bring forward additional settlements. As we speak, our team of professionals are in negotiations with at least four of the aforementioned firms. We hope to have some further announcements before the end of 1998. I know you want to know when you will receive the proceeds from the $740 million. My best estimate is in the first quarter of 1999. Judge Gary Taylor recently returned to the bench after some heart problems. The judge will review the settlements, act on same, and will give our representative Tom Hayes the authority to issue payment. I expect the earliest we will receive our proceeds of litigation to be February or March 1999. In my opinion, and assuming there are no legal impediments, all of us should have our checks before the end of the 1998 -99 fiscal period. Albeit slow, progress is being made. On a couple of other fronts, let me advise you that OCIP is working with the County on two other items. First, we are in a debate on what is called "found funds," some $12 million which is in dispute with County staff. Second, we have worked out a settlement with the County on $18 million in what is called the Appaloosa Disputed Claims Jy OCIP Update November 2, 1998 Page 2 Reserve. The OCIP Committee believes we have an April 23, 1996 agreement with the County that calls for "all found money" to be split 50150 between the County and OCIP. The S18 million in the Appaloosa Disputed Claims Reserve will be turned over to Mr. Hayes for distribution on a 60/40 allocation; 60% to OCIP and 40% to County. As one who is on the "inside" of the ongoing unraveling of the bankruptcy, I can tell you that significant progress has and continues to be made on your behalf. When the previous litigation settlement monies are received, each of us will have received over 90% payment. I know in Irvine's case, we will have recovered 96 % of our monies. Each city's situation may differ. I will close this update by stating this: the OCIP Committee, together with Paul Glassman, Pat Shea and other attorneys, and Mr. Tom Hayes and the County's cadre of bankruptcy attorneys, is aggressively pursuing settlements with all parties to the litigation. Our work is ongoing and, as in our previous settlements, progress is being made each day. While the wheels of litigation settlements may appear to be slow (they are for some of us), I can report that the County's legal counsel, as well as OCIP's advisors and OCIP Committee members, are being diligent in our work. As Pat Shea said at the outset, "keep our eye on the ball and we will cross the goal line." Folks, we are almost there. Remain patient and we will cross the goal line. Provided for information, PAUL BRADY, JR. Irvine City Manager & Chairman, OCIP Committee �S�$ANITgJ? • Costa Mesa h p o00 7p Sanitary District 0R0_ Memorandum To: Board of Directors From: Joan Revak, Clerk of the District Date: November 6, 1998 Re: November 3, 1998 Election As you know, Arlene Schafer and Dan Worthington were reelected as Directors of the District and Greg Woodside was elected to fill the seat being vacated by Nate Reade. Congratulations to each of you! A certificate of election, signed by the elections official, will be delivered to each person elected on December 1, 1998. As prescribed by Elections Code 1()554, Directors take office at noon on the first Friday in December after the general election, December 4, 1998, after taking the official oath. I will administer the oath of office to each of the newly- elected Directors at 11:00 a.m. on Friday, December 4, 1998 in the District office. V E 0 LAW OFFICES OF HARPER & BURNS LLP A LIMITED LIABILITY PARTNERSHIP INCLUDING A PROFESSIONAL CORPORATION 463 S. GLASSELL STREET ALAN R. BURNS ORANGE, CALIFORNIA 92866 JOHN R. HARPER* (714) 771 -7728 OF COUNSEL FAX (714) 744 -3360 JUDI A- CURTIN• " MICHAEL MONTGOMERY' •A PROFESSIONAL CORPORATION TO: Honorable President and Members of the Board FROM: District Counsel DATE: November 5, 1998 RE: Proposed Board of Directors Policy RECEIVED N 0 V 0 61998 COSTA MESA SANITARY DISTRICT RIVERSIDE ISAN BERNARDINO CO. (909) 974 -0699 The attached Policy has been proposed by the SDRMA for adoption by the Board. Adoption will save the Board $1800 per year in insurance premiums. In discussions with Jim Townsend, the Executive Director and Risk Manager of the SDRMA, he has stated that the policy is meant to eliminate sources of liability that they have experienced with Districts. When we reviewed the Policy we determined that it did not quite fit in some respects with the law as it applies to sanitary districts. When we brought that to Mr. Townsend's attention he stated that he understood that, and desired that it only be used as an example of what , the SDRMA would like to see, and that we were free to modify the document to fit our District's needs. Staff has reviewed the document and believes that there is something to be gained by incorporating some of the material. Staff also thought that it would be inappropriate to do so without your input. Therefore the Policy is being put before you for a general discussion before revisions are made to the document. sum a4l, V. Alan R. Burns District Counsel • BOARD of DIRECTOR'S POLICY MANUAL BOARD OF DIRECTOR'S POLICY MANUAL E BOARD of DIRECTOR'S POLICY MANUAL TABLE OF CONTENTS Page 1. Mission Statement .. ............................... . ................... 2 2. Authority of Board ...................... ............................... 3 3. Code of Ethics ......................... ............................... 3 4. Governing Laws ........................ ............................... 3 5. Elections of Officers ..................... ............................... 3 6. Role of Board Members (Powers, Purposes, Duties & Functions) ................ 3 7. Role of Individual Directors ................ ............................... 5 8. Meeting of the Board .................... ............................... 5 9. President ............................. ............................... 7 10. Vice- President ......................... ............................... 8 11. Secretary ............................. ............................... 8 12. Committees ..... ............................... ..................... 9 13. Remuneration, Reimbursement, and other Benefits ........................... 9 14. Personnel Policies ...................... ............................... 11 a. Sexual Harassment b. Nondiscrimination C. Americans With Disabilities Act 15. Conflict of Interest Code ................. ............................... 13 16. Attendance ...................... ............................... ..... 13 a. At Board Meetings b. At Educational Prcgrams and Conferences 17. Inconsistent, Incompatible and Conflicting Employment or Activities ............. 15 18. Directors' Legal Liabilities ................. ............................... 15 19. General Provisions .................... . .. ............................... 15 BOARD of DIRECTOR'S POLICY MANUAL The Mission of MISSION STATEMENT OBJECTIVE I District to STAFFING To provide an efficient and adequate staff of employees and consultants, loyal to the District mission and responsive to the Board, that is provided with proper resources and compensation. OBJECTIVE II COMMUNICATIONS To establish_and_maintain an environment that_encourages_an open. exchange -of ideas.and information among District and the applicable parties that is positive, honest, concise, understandable, responsive and cost - efficient. OBJECTIVE III EDUCATION To develop and maintain a superior level of understanding and competence in Board and Staff and assure member - districts' awareness of the benefits of safe operations and proper claims procedures. 2. AUTHORITY OF BOARD A) The Board of Directors shall act only at regular, regularly adjourned, or special meetings, as provided by State Law. AAA) Individual Directors shall staff, except as authorized by the Board. have no power to act for District, or the Board, or to direct District • BOARD of DIRECTOR'S POLICY MANUAL 3. CODE OF ETHICS i The Board of Directors are expected to maintain the highest ethical standards, to follow District policies and regulation, and to abide by state and national laws. Board Member conduct should enhance the integrity and goals of the District. Further, the Board Members should accept as guiding principles the codes of ethics published by professional associations to which they may belong. 4. GOVERNING LAWS A) The Board of Directors shall comply with and shall be guided by applicable provisions of the District By -Laws, and the motions, resolutions and ordinances enacted by the Board of Directors. B) Motions, resolutions and ordinances may be enacted by the Board in accordance with of the California Government Code. 5. ELECTIONS OF OFFICERS In accordance with District's By -Laws, there shall be officers: a president, a vice- president and a secretary, who shall be members of the District Board of Directors. Only those Directors that hold elective directorships shall be eligible to serve as officers. Elections shall be held Officers will serve for year terms. 6. ROLE OF THE BOARD (POWERS, PURPOSES, DUTIES) A) POWERS (even/odd) numbered years. Elections will conform with The enabling codes established by the California State Legislature empowers the Board to have broad authority and flexibility in carrying out financial programs and activities which meet its individual needs, provided these programs or activities are not in conflict with, inconsistent with, or preempted by law. The Governing Board is responsible for the general control of the District and to establish policy. This broad authority shall be exercised in accordance with the State and Federal Constitutions, laws and regulations. The Board may execute any powers delegated by law to the District, and shall discharge any duty imposed by law upon the District. The powers and duties of the Board include governance, executive and judicial functions. These relate to the Board's own operations as a governing body and to all functions of the District. t 0 • BOARD of DIRECTOR'S POLICY MANUAL B) PRIMARY DUTIES 1. Take action at legal meetngs. 2. Set written policies for District operation. 3. Be responsible for all District finances. a. approve fiscal budget b. monitor the budget spending 4. Set rates and use fees for District services. 5. Personnel a. hires and discharges b. evaluates the annually 6. Establish written policy on how Board Meetings are conducted. 7. Develop a master plan for the District. 8. Ratify committee appointments made by the President. 9. Set director compensation limits. C) GOVERNANCE FUNCTIONS To fulfill its responsibility, the Board is committed to establishing policies to govern District activities. The Board shall consider and approve or disapprove matters submitted to it by a Director, Staff or the public. The Board shall prescribe rules for its own governance which are consistent with its "enabling code" or by Federal or State Laws and regulations.. D) EXECUTIVE FUNCTIONS The Board is authorized to delegate any of its powers and duties to an officer or employee of the District. The Board, however, retains ultimate responsibility over the performance of those powers or duties so delegated. E) JUDICIAL FUNCTIONS The Board believes that District employees and citizens have the right to a hearing and a resolution of grievances, complaints and criticisms. In order to maintain positive personnel and public relations, the Board convened, shall serve as a body of appeal for grievances, complaints and criticisms in accordance with Board policies. i i BOARD of DIRECTOR'S POLICY MANUAL 7. ROLE OF INDIVIDUAL DIRECTORS The Board of Directors is the unit of authority for the District. Apart from his/her normal function as a part of this unit, Board Members may not commit the District to any policy, act or expenditure unless duly authorized by the Board. Nor may an individual Board Member direct staff to perform specific duties unless duly authorized by the Board. Board Members do not represent any factional segment of the constituency, but are, rather, a part of the body which represents and acts for the constituency as a whole. Each Board Member has the right to place an item on a subsequent Board Meeting agenda by submitting a written request to the President of the Board or the . Agenda item requests received after the posting deadline for a specific agenda as set forth in state law will be added to the following agenda. Board Members will make every effort to attend assigned committee meetings and board meetings; to prepare adequately for each such meeting and to observe the rules of decorum as set forth herein. When requesting information from staff, Board Members shall contact the When responding to member entity requests and concerns, Board Members should reroute such inquiries to the 8. MEETING OF THE BOARD A) TIME AND PLACE OF MEETINGS. revised 6/25/98) The annually adopted meeting schedule of the Board of Directors shall be held at on the month; unless otherwise specified by action of the Board. B) PUBLIC NATURE OF MEETINGS of the All meetings of the Board shall be open to the Public, except when the Board is convened in Closed Session as authorized under provisions of law. Meetings of standing committees of the Board composed of two or more members of the Board shall be subject to the 'open meetings laws and regulations" and shall comply with notification as required by law. C) QUORUM AND VOTING REQUIREMENTS A majority of the Board of Directors shall constitute a quorum for the transaction of business. No ordinance, resolution or motion shall be passed without four affirmative votes. • BOARD of DIRECTOR'S POLICY MANUAL D) BOARD ACTION 0 The Board shall act only by ordinance, resolution, or motion. Except where action is taken by the unanimous vote of all Directors present and voting, the ayes and noes shall be taken upon the passage of all ordinances, resolutions or motions and shall be entered in the minutes. An ordinance does not require two readings at separate meetings, and unless otherwise provided by its own terms, shall become effective upon adoption. All motions, including a motion to adopt an ordinance or to approve a resolution, shall require a second. If a second is not received, the motion shall die without the requirement of a vote. Any member of the Board, excluding the President, can make and second a motion, but the President may vote on all motions unless disqualified or abstaining. The President shall not call for a vote on any motion until sufficient time has been allowed to permit any member of the Board to speak. Complex motions should generally be prepared in writing and read aloud to the members of the Board at the time the motion is made. If a motion is not in writing, and if it is necessary for full understanding of the matter before the Board, the President shall restate the questiodprior to the vote. Common motions may be stated in abbreviated form, and will be put into complete form in the minutes. Until the President states the question, the maker with the approval of the second may modify his motion or withdraw it completely. However, after the question has been stated by the President, the motion may be changed only by a motion to amend which is seconded and carried. E) PARLIAMENTARY PROCEDURES AFFECTING MOTIONS After a motion has been made and seconded, any member of the Board may make any of the following motions: 1. To continue the motion to a specific time. 2. To table the motion, the effect of which defers further discussion and a vote until the majority of the board again wishes to resume consideration of the motion. 3. To commit or refer the motion to a committee, the effect of which is to defer further consideration until the corn nittee has reported its findings to the Board. 4. To amend the motion to modify its wording before adoption, provided the suggested amendment is germane to the original motion. 5. To propose a substitute motion, which has the effect of disposing of the motion before the Board and eliminating the necessity of a vote on the original motion. F) ROUTINE BUSINESS Matters of routine business such as approval of the minutes and approval of minor matters, may be expedited by assuming unanimous consent of the members of the Board and having the President state that without objection the matter will stand approved. If any member should object to such unanimous consent, the President shall then call for a vote. 0 0 BOARD of DIRECTOR'S POLICY MANUAL G) ORDERLY DISCUSSION In order to promote discussion of the issues before the Board, each member shall be recognized by the Chair before speaking. Notwithstanding any provision of this Policy, however, each member of the Board shall have a right to be heard within reason on any issue before the Board. Each member of the Board may seek information or comment by the staff on any question. H) CLOSED SESSION Except as required by law, all proceedings in Closed Sessions shall remain confidential. 9. PRESIDENT A) DUTIES The president shall sit at and conduct all meetings of the Board of Directors, and shall carry out the resolution and orders of the Board of Directors and shall exercise such other powers and perform such other duties as the Board of Directors shall prescribe; including the following: 1) Call the meeting to order at the appointed time; 2) Announce the business to come before the Board in its proper order; 3) Enforce the Board's policies relation to the order of business and the conduct of meetings; 4) Recognize persons who desire to speak, and protect the speaker who has the floor from disturbance or interference; 5) Explain what the effect of a motion would be if it is not clear to every member; 6) Restrict discussion to the question when a motion is before the Board; 7) Rule on parliamentary procedure; 8) Put motions to a vote, and state clearly the results of the vote. B) RESPONSIBILITIES The president shall have all the rights to discuss and vote on any issues before the Board, but not to move or second any motion. If the president wishes to move or second a motion he /she must pass the gavel to the Vice- President and step down as the presiding officer for that particular agenda item. 1) Sign all instruments, act, and carry out stated requirements and the will of the Board; 2) Consult with the or designee on the preparation of the Board's agendas; in addition, any Director shall have the right to place any matter on the agenda, for any meeting. 3) Appoint and disband all committees, subject to Board approval; 4) Call such meetings of the Board as he /she may deem necessary, giving notice as prescribed by law; BOARD of DIRECTOR'S POLICY MANUAL 5) Confer with the or designee on crucial matters which may occur between Board meetings; 6) Be responsible for the orderly conduct of all Board meetings. 7) Spokesperson for the Board 8) Other duties as authorized by the Board. 10. VICE - PRESIDENT When the President resigns or is absent or disabled, the Vice President shall perform the President's duties. When the President disqualifies himself/herself from participating in an agenda item or becomes partisan in the debate on any such item, the Vice- President shall perform the duties of the presiding officer. 11. SECRETARY The secretary to the Governing Board shall have the following duties: A) Coordinate the Agenda with the and President. B) - Prepare and maintain the Board minutes. C) Maintain Board records and documents. D) Submit to Board officers the correspondence addressed to them. E) Certify or attest to actions taken by the Board when required F) Maintain such other records or reports as required by law. G) Sign the minutes of the Board meeting following their approval. I) Sign documents as directed by the Board on behalf of the District, and sign all other items which require the signature of the Secretary. I) Perform any other duties assigned by the Board. Note: Minutes of the Board of Directors meetings will be taped. These tapes are for use by the Secretary only for the purpose of preparing minutes for adoption at the next regularly scheduled meeting of the Board. Upon adoption of these minutes the tapes will be reused. 12. COMMITTEES The Board may create standing committees and ad hoc committees at its discretion. Unless authority to perform a duty is expressly delegated to a Committee, committee motions and recommendations shall be advisory to the Board and shall not commit the District to any policy, act or expenditure. Nor may any committee direct staff to perform specific duties unless duly authorized by the Board. The Committee Chair is authorized to schedule committee meetings as deemed necessary.. • • BOARD of DIRECTOR'S POLICY MANUAL 13. REMUNERATION, REIMBURSEMENT, AND OTHER BENEFITS A) REMUNERATION It shall be the policy of the District Board that each member of the Governing Board may receive compensation in the amount of for each day's service rendered as a Director when requested by the Board, up to a maximum of per month. This shall include travel time up to one day before and after said service. This policy is based, in part, on Section 61207 of the California Government Code. B) REIMBURSEMENT The reimbursement of Directors and Directors -elect shall be made in accordance with the following provisions: All directors shall be reimbursed said expenses when making any trips on official business of the District when so authorized by the board. The amount of mileage reimbursement will be consistent with IRS Guidelines. All Board members should keep travel, meals and lodgings costs within reasonable constraints, keeping in mind we are using the public's money. Emphasis should be placed on keeping costs to acceptable practices as allowed by the respective agencies we serve. Expenses for Educational Programs and Conferences Directors shall be reimbursed by the District for reasonable expenses, including registration, transportation, meals, lodging and incidental expenses incurred, when attending Board approved training seminars, programs, workshops or conferences. 14. PERSONNEL POLICIES A) SEXUAL HARASSMENT Sexual harassment by any Director or employee shall not be tolerated. The Board considers sexual harassment to be a major offense which may result in disciplinary action or dismissal of the offending employee. An employee who feels that he /she is being harassed is strongly encouraged to immediately report such incident to the immediate supervisor of the accused employee or to the Executive Director without fear of reprisal. If a supervisor is so notified, the supervisor shall relay such information to the who will assist in the investigation and resolution of complaints. The may, in his or her discretion, assign ® 0 BOARD of DIRECTOR'S POLICY MANUAL the investigation of the alleged misconduct to an outside party such as an attorney or law firm experienced in such matters. If the is the accused harasser, the employee or supervisor should report such incident to the Board President. Thereafter, the Board President, at the next meeting of the Board, shall report the fact and nature of the allegation(s) to the entire board. The Board shall promptly investigate the allegation(s) or assign the investigation to an outside party. Depending on the nature of the allegation(s) and the outcome of the investigation, the Board shall take all appropriate remedial measures. In the case of a Director harassing an employee, the should be notified, so that he /she can then notify the President of the Board. Thereafter, the President, at the next meeting of the Board, shall report the fact and nature of the allegation(s) to the entire Board. The Board shall assign the investigation of the alleged misconduct to an outside party. If the Director charged with sexual harassment is the President of the Board, the shall report the fact and nature of the allegation(s) to the entire Board at its next meeting. If an allegation of sexual harassment against a Director is investigated and found to be supported, the Board reserves the right to take such remedial action as is appropriate under all of the circumstances, including, if warranted, initiating an action for recall of such Director. The Directors agree that an accusation of sexual harassment against any one of them must be investigated. It is further agreed that such an investigation is not -an invasion-of -their right-of privacy. B) NONDISCRIMINATION The District shall not unlawfully discriminate against qualified employees or job applicants on the basis of sex, race, color, religious creed, national origin, ancestry, age over 40, marital status, physical or mental disability, or Vietnam era veteran status. Equal opportunity shall be provided to all qualified employees and applicants in every aspect of personnel policy and practice. The District shall not discriminate against physically or mentally disabled person who, with reasonable accommodation, can perform the essential function of the job in question. All employees are expected to carry out their responsibilities in a manner that is free from discriminatory statements or conduct. C) REASONABLE ACCOMMODATION - AMERICANS WITH DISABILITIES ACT Pursuant to the Americans with Disabilities Act, employers have a duty to reasonably accommodate employees and job applicants with known disabilities. This accommodation is not required for individuals who are not otherwise qualified for the job nor is accommodation generally required until the person with the disability requests it. The following optional regulation includes procedures recommended by the Equal Employment Opportunity Commission for use when determining what accommodation to make... BOARD of DIRECTOR'S POLICY MANUAL Requests for reasonable accommodation may first be considered informally by the site administrator. If an accommodation cannot be made at the site because it would impose undue hardship or because of a lack of funds, the site administrator shall ask that the request be submitted in writing to the . The site administrator shall provide the employee or applicant with any assistance he /she may need in order to submit this request. ... Note: The duty to reasonably accommodate an individual with a disability is limited to those accommodations which do not impose an undue hardship upon the district. Undue hardship is determined on a case -by case basis and includes any action that is unduly costly, extensive, substantial, disruptive, or that fundamentally alters the nature or operation of the agency. The burden of proving undue hardship rests with the agency, and what may be an undue hardship for one agency may not be an undue hardship for another, depending on factors such as cost and agency size. Even if cost does pose an undue hardship, the disabled person should have the opportunity to pay for the portion of the cost that constitutes an undue hardship, or to personally provide the accommodation... 15. CONFLICT OF INTEREST Government Code Section 87100 states as follows: "No public official at any level of state or local government shall make, participate in making or in any way attempt to use his official position to influence a governmental decision in which he knows or has reason to know he has a financial interest." Government Code Section 87101, 87103 and 87103.5 provide explicit language explaining the nature of a "conflict of interest" and disclosure relating to Board responsibilities. Members are required to be in compliance with all Federal and State requirements of the "Conflict Codes ". 16. ATTENDANCE A) BOARD MEETINGS Board members are expected to carry out their responsibilities to the best of their abilities. In order to accomplish this goal, members should be present for scheduled meeting or events whenever possible. In accordance with Government Code Section 1770 a Director position vacancy will occur whenever "he or she ceases to discharge the duties of his or her office for the period of three consecutive months, except when prevented by sickness ", or when absent from the Board with the permission of the majority of the Board of Directors. BOARD of DIRECTOR'S POLICY MANUAL If such vacancy occurs, the Board of Directors will take action in accordance with Section 1770 of the Government Code. In addition, the By -laws, , provides that such vacancies shall be filled by In order to accomplish this in an orderly and consistent manner, when a vacancy of an elected Director occurs, the District Board of Directors, after discussion and consideration, shall when deemed appropriate, instruct staff to: 1) place a public notice advising that a vacancy has occurred, and 2) said notice shall refer to the applicable Section in the By -laws in advising prospective candidates of the steps to take to apply for appointment; and 3) the District Board shall establish the closing date for the receipt of applications; and 4) applicants shall submit the following, by the date specified in the notice: a) a letter of interest, and b) a resume, with particular emphasis_on_the_ applicant's knowledge _of_special districts, and 5) Applicant(s) shall be interviewed at the next regularly scheduled meeting of the District Board of Directors following the date of closure for applications; and 6) The District Board shall make the appointment without undue delay, but need not act at the same meeting. B) EDUCATIONAL PROGRAMS, CONFERENCES and MEETINGS The Board of Directors has determined that the following provisions shall apply to educational programs, conferences and meetings: That Directors of the District may attend, on behalf of the District, such educational programs, conferences and meetings as have been approved by the Board of Directors prior to such attendance; and 2. That, to the extent possible, staff will, from time to time, present comprehensive lists of conferences, meetings and educational programs so that the Board may consider attendance on a broader than single -event approach, in order to provide a coordinated plan for attendance; and s � BOARD of DIRECTOR'S POLICY MANUAL That if a Director who has not previously attended a particular conference or educational program is available to attend same, that Director shall have preference for attendance over a Director who has previously attended the same program; and 4. At the Board meeting following such attendance, or the next reasonable opportunity thereafter, the attendee(s) shall report to the Board, on information and ideas learned at the event(s); and The President is exempt from the reporting requirement, unless s/he's the only Director in attendance; and 6. Nothing in this policy shall pen-nit the conduct of business, in violation of the Ralph M. Brown Act, when more than three Directors attend the same event. 17. INCONSISTENT, INCOMPATIBLE AND CONFLICTING EMPLOYMENT OR ACTIVITIES Pursuant to the provision of the Government Code Section 1126, the Board of Directors of the District has determined that it would be inconsistent and incompatible for a Board member to be a paid employee of the District. Therefore, based on this decision, a member of the Board of Directors shall not be a paid District employee. 18. DIRECTORS' LEGAL LIABILITIES The District shall defend and indemnify Directors from any claim, liability or demand that arises out of a Director's performance of his or her duties or responsibilities as a Director or Officer of the District. 19. GENERAL PROVISIONS Any of the within policies not required by law may be suspended by a majority of the Board. Any policy not required by law may be altered, amended, or repealed at a duly noticed meeting by a majority vote of the Board. ✓or r, mANCE DE NOVEMBER 2, 1998 048 NOV -5 Ail 10: 26 i Gr ,J T,� M" "A C A L IFD, R N I TO: ORANGE COUNTY CITY MANAGERS' ASSOCIATION MEMBERS FROM: PAUL BRADY, JR., CHAIRMAN, ORANGE COUNTY INVESTMENT POOL (OCIP) COMMITTEE SUBJECT: ORANGE COUNTY BANKRUPTCY UPDATE My last update was provided to the Orange County City Managers' Association (OCCMA) at our June 1998 meeting. At that time I reported on the $400 million settlement with Merrill Lynch and Company. Since June 1998 there have been a series of settlements with a total of 5740 million in recoveries. Recoveries have included: Morgan Stanley & Co., Inc.; Dean Witter Reynolds, Inc.; Nomura Securities International, inc.; Merrill Lynch & Co.; KPMG Peat Marwick LLP; Credit Suisse First Boston Corporation; LeBoeuf, Lamb, Green & MacRae LLP; and several others. At present, lawsuit settlements remain with Standard & Poors; Rauscher Pierce Refnes, Inc.; Brown & Wood; and 14 other brokers including Paine Webber, Inc.; Fuji Securities, Inc.; Smith Barney, Inc.; Sanwa Securities; Citicorp Securities; Bear, Stearns & Co., Inc.; Kidder Peabody & Co.; and the list goes on. Mr. Tom Hayes, our representative, together with the County's legal advisors and the OCIP team, continue to work with legal representatives from the other named firms to bring forward additional settlements. As we speak, our team of professionals are in negotiations with at least four of the aforementioned firms. We hope to have some further announcements before the end of 1998. I know you want to know when you will receive the proceeds from the $740 million. My best estimate is in the first quarter of 1999. Judge Gary Taylor recently returned to the bench after some heart problems. The judge will review the settlements, act on same, and will give our representative Tom Hayes the authority to issue payment. I expect the earliest we will receive our proceeds of litigation to be February or March 1999. In my opinion, and assuming there are no legal impediments, all of us should have our checks before the end of the 1998 -99 fiscal period. Albeit slow, progress is being made. On a couple of other fronts, let me advise you that OCIP is working with the County on two other items. First, we are in a debate on what is called "found funds," some $12 million which is in dispute with County staff. Second, we have worked out a settlement with the County on $18 million in what is called the Appaloosa Disputed Claims OCIP Update November 2, 1998 Page 2 Reserve. The OCIP Committee believes we have an April 23, 1996 agreement with the County that calls for "all found money" to be split 50150 between the County and OCIP. The $18 million in the Appaloosa Disputed Claims Reserve will be turned over to Mr. Hayes for distribution on a 60/40 allocation; 60% to OCIP and 40% to County. As one who is on the "inside" of the ongoing unraveling of the bankruptcy, I can tell you that significant progress has and continues to be made on your behalf. When the previous litigation settlement monies are received, each of us will have received over 90% payment. I know in Irvine's case, we will have recovered 96% of our monies. Each city's situation may differ. I will close this update by stating this: the OCIP Committee, together with Paul Glassman, Pat Shea and other attorneys, and Mr. Tom Hayes and the County's cadre of bankruptcy attorneys, is aggressively pursuing settlements with all parties to the litigation. Our work is ongoing and, as in our previous settlements, progress is being made each day. While the wheels of litigation settlements may appear to be slow (they are for some of us), I can report that the County's legal counsel, as well as OCIP's advisors and OCIP Committee members, are being diligent in our work: As Pat Shea said at the outset, "keep our eye on the ball and we will cross the goal line." Folks, we are almost there. Remain patient and we will cross the goal line. Provided for information, PAUL BRADY, JR. Irvine City Manager & Chairman, OCIP Committee STATE OF CALIFORNIA ® • GRANT AGREEMENT GRANT NUMBER AM. NO. DOR Form 2 (3/98) 5098 -205 GRANTEE'S FEDERAL I.D. NUMBER THIS AGREEMENT, made and entered into this 2nd day of November 1998 95- 6003939 in the State of California, by and between State of California, through its duly Elected or a pointed, qualified and acting TITLE OF OFFICER ACITNG FOR STATE AGENCY Deputy Director Department of Conservation hereafter called the State, and GRANTEE'S NAME Costa Mesa Sanitary District hereafter called the GRANTEE. WITNESSETH: That the GRANTEE does hereby agree to perform the Grant activities described herein in accordance with all specified conditions and terms as follows: (Set forth activities to be performed by GRANTEE, amount to be paid GRANTEE; time for performance or completion, and attach plans and specifications if any.) 1. The purpose of this Agreement is to implement a beverage container recycling program at two public venues and fourteen municipal facilities, as detailed in Exhibit A Scope of Work, which is attached and incorporated herein. 2. The term of this Agreement shall be from November 2, 1998 or the date of receipt of signed agreements by the Department of Conservation, which ever is later, to October 31, 1999. 3. The amount of this Agreement shall not exceed Eighteen Thousand Three Hundred Fifty Dollars ($18,350). CONTINUED ON SHEETS, EACH BEARING NAME OF GRANTEE AND GRANT NUMBER The provisions on the reverse side hereof constitute a part of this agreement. IN WITNESS WHEREOF, this agreement has been executed by the parties herein ,Nnnn the date That nh,,.,,.., STATE OF CALIFORNIA GRANTEE AGENCY Resources GRANTEE (V th,,` - -Mdr&.4 --p—dm pm .hiA z DeparQUent of Conservation 1 Costa Mesa Sanitary District PY UTHO TURE) BY (AUTHOR® SIGNATURE) PRIMED NAME OF P N SIGNING PRINTED NAME AND TITLE OF PERSON SIGNING Pat Meehad — James Ferryman, President TITLE ADDRESS Deputy Director 77 Fair Drive, P.O. Box 1200, Costa Mesa, CA 92628 -1200 AMOUNT ENCUMBERED BY THIS DOCUMENT PROGRAM /CATEGORY (CODE AND TIIIEj FUND TITLE O"AR nIENT OFG&V UL SU VICE I 50 CBCRF USE ONLr S 18,350 (OPTIONAL USE) 5700 -51453 TTMG MUM'ENCIfABFRFD FOR 1TE]N 3480 -504 -0133 CHAPTF3t 1266 STATUTE 1992 FISCAL YEAR 98/99 T°I"` U1O1`IT�O1t�°`ED TO DATE OB/ECi OF EJ(PPNDTIURE (CODE AND ITITE) S 18,350 632.55 1 HEREBY CERTIFY UPON MY OWN PERSONAL KNOWLEDGE THAT BUDGETED FUNDS TEA NO. BR NO. ARE AVAILABLE FOR THE PERIOD AND PURPOSE OF THE EXPENDITURE STATED -ABOVE SIGNATURE OF ACCOUNTING OFFICER DATE rrr • RIGHT OF ENTRY AGREEMENT This RIGHT OF ENTRY AGREEMENT (the "Right of Entry Agreement ") is made and entered into as of November 17, 1998 by and between the CITY OF COSTA MESA, a California municipal corporation ( "City"), and the COSTA MESA SANITARY DISTRICT, a 1923 District Act agency, ( "District ") with respect to the following: RECITALS A. The City currently owns certain real property located in the City of Costa Mesa, County of Orange, State of California, commonly known as Fairview Regional Park, ( "Property"), which is more particularly described in Attachment No. 1 and attached hereto and incorporated herein. B. The District desires to construct certain sewer line improvements on the Property, which will benefit the property. C. In order to implement the improvements, the City desires to accommodate the District's request to commence the work on the Property by granting a right of entry to the District subject to and upon certain terms and conditions as set forth in this Right of Entry Agreement. D. Capitalized terms in this Right of Entry Agreement are as set forth in the Agreement, or as specifically defined herein. NOW, THEREFORE, based on the foregoing Recitals, which are a substantive part of this Right of Entry Agreement and for good and valuable consideration, the City and the District hereby agree as follows: 1. Right of Entry. Provided all of the terms and conditions of this Right of Entry Agreement are fully satisfied, the City hereby grants to District and its agents, contractors, and subcontractors the non - exclusive right to enter upon the Property, for constructing improvements upon the Property as described in Attachment No. 1 (Improvements) only, and expressly for no other purposes without the prior written approval of the City Manager or his designee which approval the City Manager may grant or deny in his sole discretion. All use of and entry upon the Property shall be at the sole risk of the District and be subject to the terms and conditions of this Right of Entry Agreement and the letter agreement between the City and the district dated September 23, 1998, attached as Attachment No. 1. a. Term of Right of Entry. This Right of Entry Agreement shall automatically terminate and expire at the first to occur of 270 days from the date of this Right of Entry Agreement, or upon completion of the sewer line improvements, whichever occurs first. 605002.3\22678.0012 • • b. No Property Rights or Interest in Property Granted. It is expressly understood this Right of Entry Agreement does not in any way whatsoever grant or convey any rights of possession, easement or other real property interest in the Property to the District. It is also understood that upon completion of the sewer line improvements, the City will grant an easement, fifteen feet in width, along the sewer line in accordance with the mentioned letter agreement (Attachment 1). C. Termination of Right of Entry for Work beyond the Scope of the Improvements. Under the terms of this Right of Entry Agreement in no event shall District commence or cause to be commenced any work or improvement on the Property outside the scope of the defined Improvements as described in Attachment 1. In the event District commences, undertakes or completes any work on the Property outside the scope of the described Improvements, this Right of Entry Agreement shall automatically terminate. In such event District shall immediately vacate the Property and shall have no further rights to enter the Property for the purpose of constructing the Improvements , and shall be liable and responsible to the City for any and all damages, and expenses incurred and for the correction and restoration of the Property due or related to such unauthorized work. 2. Additional Conditions and Representations. By execution of this Right of Entry Agreement, District agrees for itself and on the behalf of its employees, agents, contractors, subcontractors, and consultants as follows: a. Compliance with All Applicable Governmental Requirements. All acts and things done by District on the Property will be done in a careful and reasonable manner, in accordance with all applicable federal, state, and local laws, and all other governmental requirements. b. District at Own Risk. District enters the Property, entirely at its own cost, risk and expense, and District acknowledges the City, and their officers, employees, agents or contractors, have made no warranty or representation to District that the Property, or any part thereof is safe or fit for a particular purpose. C. Insurance. Prior to the District's entry upon the Property, and during the period of this Right of Entry Agreement, there shall be in effect policies of insurance in compliance with the following requirements: (i) Where the District contracts for the work to be done with other than full time District employees, District and /or contractor shall maintain at District's and /or Contractor's sole expense, with insurers which are licensed by the State of California, Department of Insurance, to do business in the state, and carry a Best rating of "B+ VI" (B+ 6) or better, the following policies of insurance in form and substance reasonably satisfactory to City and its risk manager: (A) workers' compensation insurance and any other insurance required by law in connection with the construction of Improvements; 605002.3\22678.0012 -2- • • (B) commercial general liability insurance in amounts reasonably required by the risk manager from time to time, and in no event less than $1,000,000 per occurrence; (C) property damage insurance in amounts reasonably required by the risk manager from time to time, and in no event less than $1,000,000 per occurrence; and (D) comprehensive automobile liability insurance, including coverage for non -owned and hired automobiles in an amount of not less than $1,000,000 per occurrence, written on an occurrence basis. (ii) All such insurance shall provide that it may not be canceled or materially modified without 30 days prior written notice to the City. The City, and their officials, employees, and representatives, shall be additional insureds in the policies. No such insurance shall include deductible amounts to which City has not previously consented in writing. Certificates of insurance for the above policies shall be delivered to City from time to time within 10 days after demand therefor. All policies insuring against damage to the Property and /or improvements shall contain an agreed value clause sufficient to eliminate any risk of co- insurance. Any insurance maintained by the City shall apply in excess of and shall not contribute with the insurance provided by the policies furnished by the District. No less than thirty (30) days prior to the expiration of each policy, District shall deliver to City evidence of renewal or replacement of such policy reasonably satisfactory to the risk manager. (iii) If at any time the District becomes aware of a claim or a potential claim, the District shall immediately provide written notice (the "Claim Notice ") to the City which sets forth the nature of the claim or potential claim and the date on which the District became aware of such claim or potential claim and shall provide the City with copies of any documents relating to such claim or potential claim. (iv) If, at any time, the District becomes aware that any of the coverages provided above are going to be canceled, limited in scope or coverage, terminated or non - renewed, then the District shall immediately provide the City with written notice (the "Insurance Notice ") of such. cancellation, limitation, termination or non - renewal. (A) Upon the receipt of the Insurance Notice or the Claim Notice, or at any time when the City has knowledge of (i) the cancellation, limitation, termination or non - renewal of one or more of the Developer's insurance policies enumerated above or (ii) a claim or potential claim under one or more of such policies, then, in addition to its other rights and remedies pursuant to this Right of Entry Agreement, the City shall have the right to terminate or suspend the right of entry provided hereunder until such time as the District furnishes, or causes to be furnished to the City , duplicate originals or appropriate certificates of insurance for coverages in the amounts not less than those specified above or until the time such claim or potential claim has been resolved to the reasonable satisfaction of the City. (v) District hereby waives all rights to recover against City (or any officer, employee, agent or representative of City) for any loss incurred by District from any cause insured against or required by this Right of Entry Agreement to be insured against; provided, 605002.3\22678.0012 -3- • • however, that this waiver of subrogation shall not be effective with respect to any insurance policy if the coverage thereunder would be materially reduced or impaired as a result. District shall use its best efforts to obtain only policies which permit the foregoing waiver of subrogation. d. No Mechanics Liens. District shall not permit or suffer any mechanics', materialmen's or other liens of any kind or nature to be filed or enforced against the Property. e. No Reimbursement. If this Right of Entry Agreement is terminated or the construction of the Improvements does not proceed under the terms of the Agreement, then at the request and direction of the City, District shall restore the Property, to the condition in which it existed as of the date of this Right of Entry Agreement, including, without limitation, back fill and compaction of any holes, excavations, or borings. District shall dispose of any materials removed from the Property in the course of the construction of the Improvements, or restoration of the Property, at its sole cost and expense and in full compliance with all applicable governmental requirements. f. Hazardous Materials. In the event Hazardous Materials are imported in or on the Property, during any construction work or other activity of the District on the Property or a release of any Hazardous Materials into the environment, the District shall, as soon as possible after the release, furnish to the City a copy of any and all reports relating thereto and copies of all correspondence with governmental agencies relating to the import and /or release. Upon request, the District shall furnish to the City a copy or copies of any and all other environmental entitlements or inquiries relating to or affecting the Property, including, but not limited to, all permit applications, permits and reports including, without limitation, those reports and other matters which may be characterized as confidential, if any. 3. Indemnity. Except as to the sole negligence and /or intentional acts of the City, the District hereby agrees to defend, indemnify and hold the City of Costa Mesa, and their respective officers, officials, members, employees, agents and representatives, harmless from and against any and all loss, damage, injury, liability, claim, cost or expense (including, without limitation, reasonable attorneys' fees, expert witness fees, court costs, and expenses) arising from or attributable to the activities of District, or any of its employees, agents, consultants or contractors upon the Property, pursuant to this Right of Entry Agreement for the construction of the Improvements, any action or failure to act under this Right of Entry Agreement, or which may arise out of District, and /or its contractors, completing or causing the completion of any inspections, investigations, tests, environmental assessments hereunder. 4. Miscellaneous. a. Attorneys' Fees. In the event either party hereto brings an action or proceeding for a declaration of the rights of the parties under this Right of Entry Agreement, for injunctive relief, or for an alleged breach or default of, or any other action arising out of this Right of Entry Agreement or the transactions contemplated hereby ( "action "), the prevailing party in any such action shall be entitled to an award of reasonable attorneys' fees and costs and expert witness fees (if any) incurred in such action or proceeding, in addition to any other damages or relief awarded, regardless of whether such action proceeds to final judgment. 605002.3 \22678.0012 -4- • • b. Choice of Law; Forum. This Right of Entry Agreement is to be governed by, and construed in accordance with, the laws of the State of California. The Municipal and Superior Courts of the State of California in the County of Orange, or such other appropriate court in such county, shall have exclusive jurisdiction of any litigation between the parties arising out of or related to this Right of Entry Agreement. C. Remedies. Either party shall, in addition to all other rights provided herein or as may be provided by law, be entitled to the remedies of specific performance and injunction to enforce its rights hereunder, except to the extent expressly provided to the contrary in this Right of Entry Agreement. All rights and remedies under this Right of Entry Agreement are cumulative and no one of them shall be exclusive of any other, and each party shall have the right to pursue any one or all of such rights and remedies or any other remedy which may be provided by law, whether or not stated in this Right of Entry Agreement, except to the extent expressly provided to the contrary in this Right of Entry Agreement. d. Counterparts. This Right of Entry Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. e. Non - Liability of Public Officials. No officer, employee, member, agent or representative of the City shall be personally liable to District in the event of any default or breach by the City, or for any amount which may become due to District or its successor, or for any breach of any obligation of the terms of this Right of Entry Agreement. f. No Assignment. The rights granted by this Right of Entry Agreement are personal to the District and District shall not assign, transfer, lease, pledge, surrender or otherwise dispose of this Right of Entry Agreement without the prior express written approval of the City Manager, in his sole and absolute discretion. The District may, however, enter into a contract with an entity, who is appropriately licensed in the state of California, to perform the sewer line improvements under the direction and supervision of the District. 605002.3\22678.0012 -5- • i IN WITNESS WHEREOF, the parties hereto have entered into this Right of Entry Agreement as of the date and year first set forth above. CITY OF COSTA MESA, a California municipal corporation By: ATTEST: By: Mayor of the City of Costa Mesa Deputy City Clerk APPROVED AS TO CONTENT: By: William J. Morris Director of Public Services /City Engineer APPROVED AS TO FORM: By: Thomas A. Kathe, City Attorney COSTA MESA SANITARY DISTRICT, a 1923 District Act Agency District Secretary District President APPROVED AS TO CONTENT: By: Robin Harriers District Manager APPROVED AS TO FORM: By: Alan Burns, General Counsel to the District 605002.3 \22678.0012 -6- 0 COSTA MESA Costa Mesa Recycles 00 September 23, 1998 Mr. William Moms Director of Public Services /City Engineer, City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92628 OIT-4h. DISTRICT RE: FUNDING FOR NEW GRAVITY SEWER IN FAIRVIEW PARK CMSD #160 Dear Bill: ATTACHMENT. I To recap our respective understandings and previous written correspondence, this letter will serve to memorialize both the City's and District's responsibilities in providing a new sewer system through Fairview Park. As an overview, both the City and District recognize the public need for a gravity sewer system through the park. The park will eventually have rest rooms near the future Interpretative Center, rest rooms northerly of the park entrance, rest rooms and snack bar at the Orange County Model Engineers (OCME) facility, and rest rooms on school district property along the northwesterly boundary of Estancia High School. Additionally, the City may desire additional future plumbing connections at various locations. A conceptual study by the District in 1993 disclosed that the best engineering solution is a gravity sewer system beginning in Canyon Drive and running northerly and northeasterly, eventually crossing Placentia Avenue with an extra leg to the Estancia High School property, all as shown on the attached Exhibit `A'. Alternate sewer facilities such as septic tanks, holding tanks, and a pumping station were studied but found to be too costly over the long term or inadequate to best serve the needs of the entire park. Therefore, the, City and District agree as follows: . District agrees to: • The District will design, construct, own, operate and maintain a gravity sewer system from Canyon Drive to the easterly side of Placentia Avenue as shown on the attached exhibit. District will also construct a southeasterly leg to the Estancia High School Property line. • District will fund the project with the exception of a $5,000 contribution from OCME, a $15,000 contribution from the City, and an additional $5,000 contribution from the City if the money is available after the City satisfies its financial agreement with OCME. • The District will provide extra sewer wyes. for future sewer connections at locations suggested by City. FAX (714) 432 -1436 P.O. BOX 1200, COSTA MESA, CALIFORNIA 9262 8-1200 • 77 FAIR DRIVE • (714) 754 -5043 DIRECTORS James Ferryman Arthur Perry Arlene Schafer Dan Worthington Nate Reade Mr. Bill Morris September 23, 1998 Page 2 • Future sewer connections shall be approved by the District and constructed to District standards. • District will prepare easement maps and legal descriptions for execution by the City Council. • In compliance with mitigation measures applied to the Fairview Park Master Plan (FPMP), District agrees to construct the sewer line in such a manner so as not to damage the existing sensitive vernal pools and marsh and natural features in the vicinity of the construction. Construction fencing shall be installed at the edge of the vernal marsh and vernal pool No. 5 to prevent intrusion into these areas. District agrees to allow a City approved archeologist to monitor trenching activities in compliance with mitigation measures in the FPMP. The City shall pay for the cost of this monitoring. _ - The sewer alignment shall be in accordance with the approved FPMP, and as verified in a field meeting on 8/25/98 with District and City officials present. The City has verified that this alignment will eliminate any need for further environmental review, and will not require any permits from other agencies such as the State Dept. of Fish and Game, the Army Corps of Engineers, the Department of Fish and Wildlife, the California Coastal Commission or any other agency having jurisdiction over wildlife or wetlands. The City agrees to: • The City shall grant the District a 15 foot wide easement along the sewer line. • The City shall contribute between $15,000 - $20,000 as described above as a one -time consideration. • Fees shall be paid to the District for all sewer connections which consist of fixture fees and yearly sewer charges, both of which are nominal for a restroom facility. • The City shall allow open cut and repair of Placentia Ave. per City Std. 813 for the sewer crossing. • The City's future development will not prevent access to the sewer line or manholes. • Towards the end of the design phase, the District will submit easement documents to the City for Council execution and recordation. • Towards the end of the construction phase, the District will submit to the City an invoice for the City's contribution in an amount between $15,000 - $20,000 as previously mentioned and as agreed upon by the District Manager and Director of Public Services /City Engineer. Thank you for your contribution and assistance in coordinating the project. Please show your acceptance to these terms by countersigning and returning this letter. Si'/ �erely, 1`1 4� Robin B. Hamers Manager/District Engineer cc: Allan Roeder Keith Van Holt Ernesto Munoz William J. MorriXJ Director of Public Services /City Engineer City of Costa Mesa City Clerk Kristen Petros Donna Theriault f ' d� I 1 1't I. • ?.� I.r.t.r•1 r.Y�.�;t• cW...a (-r• -r—rr - - - ?-f j J. SCRU13 ALLUVIAL • r. �_ y — .ice'' �- / - � � ( �- ' �, y fit}. SCRUB Sitit AM A&C o' COASTAL• �4wF �• •'' STRAND ''•' -�: _ . � _ r • trig r..,... rss-, car su.r Cf, 3 . BWAN GARDEN AMh 4 �tcr�1. il` Sam � \% `; a H1. ' i �',; • / ^-_�"' J � li Calf fax RIPARIAN �1 IF RNL➢ n• ' 2 z I'' I'1 ,PAi 7i i `�� A Lours, Existing ., 14; O �. County of Orange COAST I I -�; Talbert gLU ,, � _ / Nature It Preserve' ...... ........... iunan ruLSOxs sC300L. ylca SCHOOL �D ,AC31E IF i2i - zmaier Newell Behr City of Costa M u 4s : CITY OF COSTA MESA FA I RV I EW PARK MASER PLAN AREAS FOR PHASING esa Fairview Park bi =tcr PLvs Implanenutiun Pace- 7 -14 C by cc L-sm _ r,ontri b u fion Costa Mesa Sanitary District P. O. Box 1200 Costa Mesa, CA 92628 -1200 Reduce Unwanted Mail 418,000 tons of bulk mail was thrown away unopened in the US in ► 1990. Reducing junk mail saves landfill space and conserves natural resources. To have your name removed from National mailing lists, write to the address below and ask to be placed on a "suppress" file. Include a list of your name and address in all the different ways it appears on your junk mail. Q Mail Preference Service Direct Marketing Association P. O. Box 9008 Farmington, NY 11735 -9008 GUMBO "WE NAck k� Ck a - Single serving containers contribute tons ofgarbage to our landfills. So buy in bulk whenever you can. It could not only save you some money it could save our environment, too! BULK RATE U.S. POSTAGE PAID Costa Mesa, Calif. Permit No. 1 Costa Mesa Sanitary District Want to recycle Reic 7&4,C,* alai# Take your trash to the curb. We sort and separate the recyclables from the trash, so you don't have to! Many residents ask why we don't supply separate recycling containers. Since we recycle for you, there is no need for sorting your waste before placing at the curb for collection. All of the recyclables and trash are delivered to a large recycling plant that uses mechanical and hand sorting techniques. We recycle more efficiently and remove You're done! materials that aren't allowed in a three container system. We can also easily adapt to changes in the science of recycling. Our recycler is currently diverting 37 V2 % of the total waste stream, all with no effort from residents. State law, AB939, mandates that by the year 2000 we recycle 50% of our total waste. We're well on our way to meeting the goal! Questions /Comments (714) 754 -5307 REUSE%o REDUCE RECYCLE e 1p Your dollars at WOrK Tor you: PROGRAM INFORMATION 4 AB ABOP Collection Program P? That's trash tech for antifreeze, auto batteries, used oil, and latex paint! Can't make it to the one of the four County hazardous waste collection centers (714/834- 6752), then let us pick it up at your house for you! The District is funding a one year program to collect recyclable household hazardous waste. To schedule a FREE pickup at your home, call 800- HHW -PKUP. Recycling Recorded information about current recycling programs in Costa Mesa is available 24 hours a day by calling 714/754 -5600. Recycling information is also available on the City's website: www.cityofcostamesa.com Household Hazardous Waste Hotline Recorded information regarding proper disposal of paint, oil, pesticides, pool chemicals, etc., is available 24 hours a day by calling 714/834 -6752. Sharps Program A free home generated sharps (syringes /needles) recycling program is now available to Costa Mesa and Santa Ana Heights residents. The program is the first of its kind in Orange County. Three local pharmacies, RiteAid at 3029 Harbor Blvd., Steven's Pharmacy at 1525 Mesa Verde Dr. East, and Ramsey Rexall at 2246 Newport Blvd. in Costa Mesa are participating in this unique program. Residents who use needles at home are invited to visit the pharmacies and pick up a free quart-sized container. The containers hold approximately 100 used syringes. Residents may return filled containers to the pharmacies for collection, and will receive a new one in exchange. Large Item Call -In Our summertime Large Item Collection Program helps residents dispose of unwanted furniture and appliances. In addition to the summer program, residents may call 949/646 -4617 and arrange a special large item pickup, one time during the calendar year. Watch Your Weight Containers that weigh more than 50 pounds can easily injure the waste collection workers. The District requires that the combined weight of the container and contents may not exceed 50 pounds. If in doubt, please separate the items into two containers or heavy duty trash bags. Plastic and paper grocery bags are not acceptable containers. A maximum of 200 pounds per household can be collected each week. Scavenging is Illegal Anyone going through your trash is a scavenger and is illegally stealing your recyclables. Scavenging is also a front for other crimes such as obtaining blank checks or discarded credit card receipts. Please report scavenging activity to the District at 714/754 -5307. Holiday Tree Recycling Once again the City of Costa Mesa and the Costa Mesa Sanitary District will be providing the annual Holiday Tree Recycling Program. Residents are asked to remove the stands and all decorations from their trees and place them at the curb on their regular trash collection day. Costa Mesa Disposal will be sending a special truck to pick up the trees from December 28' through January 8�, 1999. The recycled trees are used for weed abatement and erosion control. I M WRY BE A 600D NEIGHBOR T �K HIDE YOUR CONTAINERS Residents are reminded to bring containers out to the curb, no earlier than 5 p.m. the day before collection. Containers should be placed behind the curb, not in the street. Placing containers behind the curb is a good practice since it doesn't interfere with parked cars or impede the flow of water. After collection, bring empty containers back to your storage location before midnight. Containers must be stored out of the public view. Hint: Ever want to dispose of a trash container? Attach a note to the container that states, "Please Take! ". Holiday Schedule We observe the following holidays, RIMINI New Year's Day, Memorial Day, 4th of July, Labor Day, Factlet: 10, 002 trees were P- I v Thanksgiving, and Christmas. collected and recycled in 1997 . Trash collection will be one day late, for the entire week, after each of these holidays. Telephone Book Recycling ool raise money too! by funding a ools that are t (714) 754 -5600. hools in 19971 1 Recycle your outdated phone books and help your favorite sch The District is proud to support the recycling efforts of student s Telephone Book Recycling Contest each year. For a list of sch collecting the phone books, please call the Recycling Hotline a Factlet: 18,775 telephone books were collected by our local sc V.gANITq�f1 0 0 Costa Mesa h l 4 ri Sanitary District yc�'QPORA[b��w Memorandum To: Board of Directors From: Lois Thompson, Assistant Manager Date: 11/6/98 Re: Sharps Program Update Solid Waste professionals meet quarterly and attend a meeting entitled the Southern California Household Hazardous Materials Information, Exchange. At the September 23, 1998 meeting, several cities reported information on their Sharps Program. • Ontario - Developing a Sharps Program • Rancho Cucamonga - Sharps Program is in its second year • Santa Barbara - Is researching the possibility of a Sharps Program • Moreno Valley - Primary goal is to implement a Sharps Program • Fontana - Sharps Program started on October 3, 1998 It should be noted that none of these entities are in Orange County. Costa Mesa Sanitary District still has the only program available locally. As of September 30, 1998, the District has collected 571 pounds of material and is operating in three pharmacy sites. �S�SAN/Tggf Costa Mesa ��' Opp oe 11 p opp 70 h r= A." Sanitary District ycORpORAS��`� Memorandum To: Board of Directors From: Lois Thompson, Assistant Manager pw' Date: November 6, 1998 Re: Door -To -Door HHW Program Update During the third month of the District's HHW program, a total of 39 residential pickups were achieved. The pickups were completed on two collection days, October 6th and 20th, 1998. This resulted in the collection of 114 gallons of used oil, 10 gallons of antifreeze, 15 auto batteries, and 207 gallons of latex paint. The following is a chart that illustrates the amount of materials collected each month for the first three months of the program. HHW Pickup Program Data -1st Quarter 0 50 100 150 200 250 August -98 September -98 October -98 0 Used Oil - Gallons ® Antifreeze - Gallons I O Batteries -Each ■ Latex Paint - Gallons ® Households -Each Nl nou Tq�y' .r oop ee �^.� .,p Costa Mesa h p = " Sanitary District yc�RpORA��O`�w Memorandum To: Board of Directors From: Lois Thompson, Assistant Manager Date: November 6, 1998 Re: Tire Collection Event, 10/17/98 A total of 159 tires were brought to the Tire Collection Event held on Saturday, October 17, 1998. Last year's program produced 87 tires. One resident brought in four tires that had been stored in his garage for 30 years. The oldest tire brought in for recycling was 70 years old although the resident had only been storing it for 12 years. Many of the residents had a story about their tires and what had happened to make them unusable. Some told tales of amateur racing, nails, utility knife blades, and pit bulls. The average storage time of each tire was 5.8 years. The chart below indicates the how our participants found out about the event. The District was fortunate to have multiple press releases published in the Daily Pilot, LA Times, and the OC Register. • COSTA MESA SANITARY DISTRICT RECYCLING COMMITTEE AGENDA November 5,1998 9:00 a. m. Conference Room 1A I. Trash Collection Program �SH COLLECTION PR RAM IISE OF STANDARDIZED�ANS I. Pilot Program A. Proposed Route 100 single family residences 100 multiple family residences B. Size of Containers - Hauler 60's C. Cost of Program - $14,000 (subsidized by Costa Mesa Disposal) D. Duration - 90 days E. Notification - Written, Follow -up, Press Campaign F. Start and Finish Dates G. Current Regulations - Problems with storing extra containers H. Commitment to Permanent Program II. Permanent Program A. Types of containers - Size, Color, Material (Linear vs. Cross -link) B. Container Manufacturers: Local, Nationwide, Tour of Plant C. Cost of Program Containers $35.00 per can = $1.60 /mo for 2 Hauler 60's Financing 10% Term 5 Year Maintenance /Replacement by Costa Mesa Disposal Net increase to residents = $1.60 /mo = $19.20/yr = 12% increase D. Total increase in rates to residents 10% expected for increase to 50% recycling + 12% for containers = 22% E. Implementation Schedule - By Costa Mesa Disposal, as is feasible F. Press Campaign 0 J C05T9 ME5A FOLKS b1=FARWIENT rRlflE ANALT515 WIT CCRUM STOo FFERS TEN POO TO: Capt. Warnack FROM: Holly Carver RE: Scavenging, October 1998 DATE: Tuesday November 3, 1998 Here are the October 1998 scavenging statistics. Calls for Service Cite /arrest Area 1 0 0 Area 11 2 0 Area III 2 1 Area IV 0 0 TOTAL 4 1 cc Dawn Schmeisser ext 5307 1 TO: BOARD OF DIRECTORS FROM: DAWN SCHMEISSER, ASSESSMENT SPECIALIST k^tl. DATE: NOVEMBER 3,1998 SUBJECT: REFUND REQUESTS FOR BOARD APPROVAL Attached are the refund requests for your approval. The declaration and proof of service has been received for each refund request. Attachments Ds c: Rob Hamers, Manager Lois Thompson, Assistant Manager C8&A MESA SANITARY DIST� REFUND REQUEST FORM Permit Number: 13639 -13649 TYPE: ❑ Connection ❑ Trash Parcel Address: Fairview & Adams - Phase I Approved Amount $ ❑ Sewer ® Permit Fees ❑ Other Assessor's Parcel Number: N/A Owner's Name: William Lyon Homes, Inc. Mailing Address: 4490 Von Karman, Newport Beach, CA 92660 Telephone Number: (949) 476 -5448 Number Units on Parcel: Commercial Square Feet: Industrial Square Feet: Please state briefly the reason for request: Overpayment of fixture fees ® Request Investigated, Full Refund Recommended ❑ Permanent Exemption Recommended ® Field Checked ❑ Request Investigated, Partial Refund Recommended Additional Comments: Requested Amount of Refund: $ 165.00 REFUND APPROVED - Recommended Amount of Refund: $ 165.00 at $ ----------- - - - - -- -Trash $ ----------- - - - - -- Sewer By Board of Directors on: Initials: Computer Changes Made: Initials: Administrative Cost Applied ❑ Yes ® No - Amount: $:165.00 2379-68 ON -LINE ATA MESA SANITARY DISACT REFUND REQUEST FORM Permit Number: TYPE: ❑ Connection Approved Amount $ ® Trash ® Sewer ❑ Permit Fees ❑ Other Assessor's Parcel Number: 425 - 232 -06 Parcel Address: 1831 Orange Avenue Owner's Name: Ethelvn Samways Mailing Address: 11491 Plantero Drive, Santa Ana, CA 92705 Telephone Number: Number Units on Parcel: Commercial Building Commercial Square Feet: 6,523 Industrial Square Feet: Please state briefly the reason for request: Property is a commercial building, was charged as 5 units. ® Request Investigated, Full Refund Recommended ❑ Permanent Exemption Recommended ® Field Checked ❑ Request Investigated, Partial Refund Recommended Additional Comments: Requested Amount of Refund: $ 2,325.40 Recommended Amount of Refund: $ 2,325.40 Q) $ 2,321.50 -------- - - - - -- -Trash $ 3.90 -------------- - - - - -- Sewer REFUND APPROVED.,..._... By Board of Directors on;, Initials: Computer Changes Made -.. Initials: Administrative Cost Applied ❑ Yes ® No Amount: $ 2,325.40 23798 ON -LINE t CODA MESA SANITARY DISTRIk REFUND REQUEST FORM Permit Number: Approved Amount $ TYPE: ❑ Connection ® Trash ❑ Sewer ❑ Permit Fees ❑ Other Assessor's Parcel Number: 419 - 231 -10 Parcel Address: 275 Victoria Street Owner's Name: Chom Mob investors Mailing Address: 8141 E. Second, Suite 110, Downey, CA 90241 -3637 Telephone Number: Number Units on Parcel: Commercial Building Commercial Square Feet: 31,465 Industrial Square Feet: Please state briefly the reason for request: Property was charged for 72,841 S.F. and the corrected S.F. is 31,465 ® Request Investigated, Full Refund Recommended ❑ Permanent Exemption Recommended ® Field Checked ❑ Request Investigated, Partial Refund Recommended Additional Comments: Requested Amount of Refund: $ 1,662.24 REFUND APPROVED By Board of Directors-off'..` Computer Changes Made: Administrative Cost Applied 2379-68 ON -LINE Recommended Amount of Refund: $ 1,662.24 $ 0 ------------------ - - - - -- -Trash $ 1,66'l4 -------- - - - - -- Sewer wow _._ . - 1nitials:- -.4 ❑ Yes ® No ._-Amount: $ 1,662.24