2016_05_26_board
Costa Mesa Sanitary District
... an Independent Special District
AGENDA
Michael Scheafer
President
Arthur Perry
Vice President
Robert Ooten
Secretary
Arlene Schafer
Assistant Secretary
James Ferryman
Director
Public Comments. Any member of the public may address the Board. Speakers on
agenda items should identify themselves to the Deputy Clerk before the meeting so that
their input can be provided at the time the item is considered. Speakers on non-agenda
items will be heard under Public Comments. Pursuant to State law, the Board may not
discuss or take action on non-agenda items except under special circumstances.
Speakers must limit their remarks to three minutes or as decided upon by the Presiding
Officer. The Presiding Officer reserves the right to declare any speaker out of order.
Obtaining Agenda Materials: The public is entitled to copies of all documents that are
made part of the agenda packet. If any document or other writing pertaining to an
agenda item is distributed to all or a majority of the Board after the packet is prepared, a
copy of that writing may be obtained at the District offices at 628 W. 19th Street, Costa
Mesa, California. The Deputy Clerk of the District may be contacted at (949) 645-8400.
In Compliance with ADA: Contact Noelani Middenway, (949) 645-8400, 48 hours prior
to meeting if assistance is needed (28 CFR 35.102.35.104 ADA Title II).
BOARD OF DIRECTORS REGULAR MEETING
628 W. 19TH STREET, COSTA MESA, CA 92627
Thursday, May 26, 2016
5:30 PM
I.CALL TO ORDER
II.PLEDGE OF ALLEGIANCE
III.INVOCATION
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.Ceremonial Matters and Presentations
VI.Announcement of Late Communications
NOTE: Unless directed otherwise by the Board of Directors, all actions shall be
based on/memorialized by the latest document submitted as a late communication.
VII.PUBLIC COMMENTS
This time has been set aside for persons in the audience to make comments on
items within the subject matter jurisdiction of the Costa Mesa Sanitary District that
are not listed on this agenda. Members of the public will have the opportunity to
address the Board of Directors about all other items on this agenda at the time
those items are considered. Under the provisions of the Brown Act, the Board of
Directors is prohibited from taking action on oral requests but may refer the matter
to staff or to a subsequent meeting. The Board of Directors will respond after
public comment has been received. Please state your name. Each speaker will be
limited to four (4) continuous minutes.
VIII.CONSENT CALENDAR
All matters listed on the consent calendar are considered to be routine and may be
acted upon by one motion after public comment has been received. Only Board of
Directors may pull an item for discussion. Reading of resolutions is waived and
they will be adopted and numbered. Now is the time for those in the audience who
wish to speak to items listed on the consent calendar. Each speaker will be limited
to four (4) continuous minutes of comment on the consent calendar as a whole.
1.Board of Directors Study Session Meeting Minutes of April 12, 2016
Recommendation: That the Board of Directors approve and file.
2.Board of Directors Special Meeting of April 20, 2016
Recommendation: That the Board of Directors approve and file.
3.Board of Directors Regular Meeting Minutes of April 28, 2016
Recommendation: That the Board of Directors approve and file.
4.Occupancy Report and Payment to CR&R Environmental Services
Recommendation: That the Board of Directors:
1. The Board of Directors accepts the occupancy count as presented using
22,380 as the correct number of active units.
2. The Board of Directors directs staff to prepare a warrant to CR&R
Environmental Services for April 2016 collection based on this occupancy report
so long as the contractor fulfills the obligations of the agreement. Said payment in
the amount of $219,221.05 to be ratified in the May 2016 warrant list.
5.Contract Payment to CR Transfer for Recycling & Disposal Services
Recommendation: That the Board of Directors directs staff to prepare a
warrant to CR Transfer in the amount of $189,365.32 for April 2016 recycling
and disposal services to be ratified in the May 2016 warrant register.
6.Adoption of a Warrant Resolution No. CMSD 2016-11 Approving District
Warrant Registers
Recommendation: That the Board of Directors adopt Warrant Resolution No.
CMSD 2016-11 approving District warrants for the Month of April 2016 in the
amount of $1,260,569.74.
7.Payroll Transparency Disclosure for April 2016
Recommendation: That the Board of Directors approve and file.
8.Directors’ Compensation and Reimbursement of Expenses
Recommendation: That the Board of Directors approve the following:
a. Directors’ compensation for the month of April 2016; and
b. Directors’ reimbursement of expenses for the month of April 2016.
9.Sewer Lateral Assistance Program (SLAP) Update
Recommendation: That the Board of Directors approve and file.
10.Investment Report for the Month of April 2016
Recommendation: That the Board of Directors approves the Investment
Report for the month of April 2016.
11.Resolution No. 2016-881
Recommendation: That the Board of Directors adopt Resolution No. 2016-
881 ordering that publication of Ordinance No. 112 revising the District’s
requirements for sewer permits has occurred.
------------------------------- END OF CONSENT CALENDAR-------------------------------
IX.PUBLIC HEARINGS
X.GENERAL MANAGER
12.Ordinance No. 114 – Adopting a Revised Operations Code
Recommendation: That the Board of Directors adopt Ordinance No. 114
revising the District’s Operations Code.
13.Resolution No. 2016-882 – Administrative Policies
Recommendation: That the Board of Directors approves adopting Resolution
No. 2016-882 readopting Administrative Policies Manual to supplement
personnel rules set forth in the Employee Handbook.
14.Resolution No. 2016-883 – Employee Handbook
Recommendation: That the Board of Directors approves adopting Resolution
No. 2016-883 readopting the Employee Handbook setting forth personnel
rules.
15.Resolution No. 2016-884 – Authorizing the Sale of the Property at 628 W
19th Street, Costa Mesa, and Making Findings Relating Thereto
Recommendation: That the Board of Directors approves adopting Resolution
No. 2016-884 authorizing the sale of the property at 628 W. 19th Street,
Costa Mesa, and making findings relating thereto.
16.Board of Directors Health Insurance
Recommendation: That the Board of Directors:
1. That the Board of Directors direct staff to file a termination resolution for
non-CalPERS members to be filed in July 2016 with an effective date of
January 2017; or
2. That the Board of Directors continue the option for Board members to
participate in the District’s health insurance plan.
17.Ordinance No. 115 Confirming Annual Charges for Solid Waste and Sewer
for FY 2016-17
Recommendation: That the Board of Directors adopt Ordinance No. 115.
18.Consideration of Solid Waste Annual Charges and the Wastewater Annual
Charges for FY 2016-17 to be Collected with the General Taxes
Recommendation: That the Board of Directors:
1. Adopt Resolution No. 2016-885 confirming the solid waste annual charges
for FY 2016-17 to be collected with the general taxes and direct the District
Clerk to file with the County Auditor; and
2. Adopt Resolution No. 2016-886 confirming the wastewater annual charges
for FY 2016-17 to be collected with the general taxes and direct the District
Clerk to file with the County Auditor.
19.Budget Transfer Grade 5 Pipe Rehab Project #315
Recommendation:That the Board of Directors approves the appropriation of
funds as follows:
Account: Grade 5 Pipe Rehab #315
Account Number: 20-201315-4300
Increase: $500,000
Account: Westside PS Abandonment #101
Account Number: 20-200601-4300
Decrease: $500,000
20.Proposed California Special District Association Bylaws Updates
Recommendation: That the Board of Directors authorize President Scheafer
to vote on behalf of the District, whether in favor or against, adopting the
2016 proposed CSDA Bylaws Amendments.
XI.ENGINEER'S REPORTS
21.Project Status Report
Recommendation: That the Board of Directors receive and file the report.
22.Conflict of Interest Report
Nothing to Report at this time.
23.Project 196-C Installation of Backup Power for 23rd Pump Station –
Acceptance of Improvements
Recommendation: That the Board of Directors:
1. Accept improvements as completed and file a Notice of Completion.
2. Authorize payment of 5% retention 35 days after Notice of Completion is
recorded.
3. Exonerate Labor and Material Bond 35 days after Notice of Completion is
recorded and exonerate Faithful Performance Bond one year after Notice of
Completion is recorded.
24.1527 Newport Blvd. – Acceptance of Sewer Improvements Constructed by
Private Developer
Recommendation: That the Board of Directors accept sewer improvements
and exonerate bonds.
XII.TREASURER'S REPORTS
25.Finance Update for the Property at 290 Paularino Avenue - Oral Report
Recommendation: That the Board of Directors receive and file the report.
XIII.ATTORNEY'S REPORTS
XIV.LOCAL MEETINGS
In accordance with AB 1234 (Gov. Code 53232.3), 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)
Recommendation: That the Board of Directors accepts oral report.
B.Santa Ana River Flood Protection Agency (SARFPA) - (Vice President
Perry)
Recommendation: That the Board of Directors accepts oral report.
C.Independent Special Districts of Orange County (ISDOC) - (President
Scheafer)
Recommendation: That the Board of Directors accepts oral report.
D.California Special Districts Association (CSDA) - (Assistant Secretary
Schafer)
Recommendation: That the Board of Directors accepts oral report.
E.Special District Risk Management Authority (SDRMA) - (President Scheafer)
Recommendation: That the Board of Directors accepts oral report.
F.Other Meetings Qualifying for Reimbursement under CMSD Ordinance No.
55, Operations Code Section 3.01.030
Recommendation: That the Board of Directors accepts oral report.
XV.OLD BUSINESS
XVI.NEW BUSINESS
XVII.ORAL COMMUNICATIONS AND DIRECTOR COMMENTS
XVIII.ADJOURN TO CLOSED SESSION
26.ADJOURN TO CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
(Government Code Section 54956.9(d)(1)):
1. Costa Mesa Sanitary District v. Santa Ana Regional Water Quality Control
Board (OC Sup Ct # 30-2016-0084260 CU-CM-CJC)
(Government Code Section 54956.9(d)(1) and (4):
2. Claim of Costa Mesa Sanitary District filed with the Victim Compensation and
Government Claims Board, Claim No. C628876 (Caltrans)
XIX.RECONVENE TO OPEN SESSION
XX.ADJOURNMENT
UPCOMING CMSD AND COMMUNITY EVENTS AND ACTIVITIES
•Memorial Day, Monday, May 30, 2016. CMSD Headquarters and Corporate
Yard will be closed in observance of the holiday.
•Costa Mesa-Newport Harbor Lions Club Fish Fry, Friday June 3 through
Sunday, June 5, 2016 at Fairview Park, 2501 Plancentia Avenue
•Large Item Pick Up – Contact CR&R at (949) 646-4617 to schedule a free
large item pick up (up to 10 items per service call, three times per year).
•Free Door-to-Door Household Hazardous Waste Collection Program for
Seniors and Immobile Residents – Contact CR&R Environmental Services
at (949) 646-4617 to schedule a free collection.
Costa Mesa Sanitary District
... an Independent Special District
Board of Directors Study Session Meeting Minutes of April 12, 2016
Item Number:1.
Recommendation/Notes:
Recommendation: That the Board of Directors approve and file.
ATTACHMENTS:
Description Type
Board of Directors Study Session Meeting Minutes of April 12, 2016 Cover Memo
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS STUDY SESSION APRIL 12, 2016 ______________________________________________________________________
CALL TO ORDER
The Board of Directors of the Costa Mesa
Sanitary District met in study session on April
12, 2016 at 9:30 A.M. at 628 W. 19th Street, Costa Mesa, CA 92627.
ROLL CALL
DIRECTORS PRESENT:
DIRECTORS ABSENT:
Michael Scheafer, Arthur Perry, Robert
Ooten, Arlene Schafer
James Ferryman
STAFF PRESENT: Robin Hamers, District Engineer; Noelani
Middenway, District Clerk; Elizabeth Pham,
Management Analyst II; Gina Terraneo, Management Analyst I.
OTHERS PRESENT:
Dean Ruffridge, CR&R
PUBLIC COMMENTS – None
President Scheafer opened public comments. Seeing no one, President Scheafer
closed public comments.
ITEMS OF STUDY
1. Organics Recycling Tonnages – FY2015-16
Recommendation: That the Board of Directors receive and file the report.
Management Analyst II, Elizabeth Pham, provided report details. She noted that
the organics recycling tonnage for the month of March 2016 was 763.53 tons, which is about a 20% increase from February’s tonnage (609.86 tons).
Discussion followed regarding the upward trend of organics tonnages and the
quarterly diversion report.
Ms. Pham noted that the district is currently at a diversion rate of 60%.
COSTA MESA SANITARY DISTRICT PAGE 2 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION
HELD APRIL 12, 2016
______________________________________________________________________
There were no additional questions or comments and the Board of Directors received and filed the report.
2. Code Enforcement Officer Report – March 2016
Recommendation: That the Board of Directors receive and file the report.
Ms. Pham presented report details on behalf of Code Enforcement Officer, Ed
Roberts and noted that Mr. Roberts had 7 scavenging investigations for the month of March.
Vice President Perry noted that Mr. Roberts is now conducting scavenging
investigations all over the city rather than in a concentrated area.
Discussion followed regarding scavenging activity and large item pickups witnessed throughout the city.
There were no additional questions or comments and the Board of Directors
received and filed the report.
3. Organics Recycling Behavioral Study – Final Report
Recommendation: That the Board of Directors receive and file the final
report.
Ms. Pham noted that Sally Geislar, who prepared the final report, is currently out of the country. Ms. Pham presented the report and offered to respond to questions
from the Board.
President Scheafer commented that the report contains information that is consistent with Ms. Geislar’s previous reports.
Ms. Pham noted that Ms. Geislar included policy recommendations in the report
that will be addressed by staff as an item on the May 10, 2016 Study Session.
Secretary Ooten suggested that the District frame future messaging using Ms. Geislar’s tested method of norm communication.
Assistant Secretary Schafer requested that Ms. Geislar attend a future study
session and present her final report. President Scheafer concurred with Assistant Secretary Schafer and requested that
Ms. Geislar focus her presentation on her policy recommendations.
Discussion followed regarding the District’s messaging about the Organic Recycling Program in the newsletter and on the website. Additionally, discussion
COSTA MESA SANITARY DISTRICT PAGE 3 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION
HELD APRIL 12, 2016
______________________________________________________________________
followed regarding Ms. Geislar’s findings about kitchen pail usage. There were no additional questions or comments and the Board of Directors
received and filed the report.
4. Ad Hoc Committee – Art Wraps for Wastewater Pump Station Control
Panels Recommendation: That the Board of Directors receive the report and direct staff to report back for Board approval on April 28, 2016.
Ms. Pham presented report details and noted that the Ad Hoc Committee selected
8 pump stations for the art wraps based on their visibility within the community. She also noted that the Committee determined that the artwork should be historically significant to each location. Ms. Pham shared that the District will solicit artwork
from local artists through Costa Mesa high schools and colleges. She noted that 4
pump stations will have the art wraps applied this fiscal year, and the remaining 4
will be applied in Fiscal Year 2016-2017. Lastly, she shared that the total cost of the art wraps would be approximately $6,500 (not including the $100 award for each artist whose work is selected for the art wraps) and the project will be funded
by transferring funds from the Wastewater Contingency fund.
Vice President Perry noted that he and President Scheafer are members of the Ad Hoc Committee.
Discussion followed regarding proposed artwork for the Aviemore pump station.
Robin Hamers, District Engineer, suggested that the art wraps include a brief description of the historical significance depicted on each pump station.
Discussion followed regarding the reference artwork provided in the staff report
attachment.
Assistant Secretary Schafer requested that staff bring the Board of Directors an item to approve this project on the April 28, 2016 Board Meeting.
Vice President Perry noted that the Ad Hoc Committee will not need to meet again
once the art wrap project is approved. The Board of Directors directed staff to bring the item back to the Board of
Directors regular meeting of April 28, 2016 for consideration.
5. CR&R Anaerobic Digestion Facility - Update Recommendation: That the Board of Directors receive an oral report from CR&R Environmental Services Senior Vice President, Dean Ruffridge.
COSTA MESA SANITARY DISTRICT PAGE 4 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION
HELD APRIL 12, 2016
______________________________________________________________________
Dean Ruffridge, Senior Vice President of CR&R Environmental Services, provided report details. He noted that CR&R is currently testing the Anaerobic Digestion (AD) Facility for leaks and the final concrete pour will take place on April 13, 2016.
Additionally, he shared that Phase 2 (out of 4 phases) is nearly sold out.
Discussion followed regarding the proposed use and value of the compost created by the AD Facility.
President Scheafer suggested distributing a special newsletter highlighting the AD
facility once fully operational.
There were no additional questions or comments and the Board of Directors received and filed the report.
6. Quarterly Legislative Analysis
Recommendation: That the Board of Directors receive and file the report.
Gina Terraneo, Management Analyst I, provided a brief overview of each of the recommended support bills (AB 2022, SB 1292, and HR 3353) and each of the oppose
bills (SB 885, SB 1318, and SB 1170) within the legislative report.
There were no additional questions or comments and the Board of Directors received and filed the report.
7. Alkaline Battery Recycling Program – Final Results
Recommendation: That the Board of Directors receive and file the report.
Ms. Terraneo provided report details. She noted that a total of 4,525 pounds of household batteries were collected and recycled through the program and the most batteries were collected by David Magnet School with a total of 1,654 pounds.
Discussion followed regarding increasing participation in the program and the upcoming
check presentations to each of the participating schools. There were no additional questions or comments and the Board of Directors
received and filed the report.
8. Historical Solid Waste Rates
Recommendation: That the Board of Directors receive and file the report. Ms. Pham provided report details. She noted that the solid waste rate was reduced from
$239.41 to $228 per year in Fiscal Year 2012-2013 and then from $228 to $216 per
year (the District’s current rate) in Fiscal Year 2013-2014.
COSTA MESA SANITARY DISTRICT PAGE 5 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION
HELD APRIL 12, 2016
______________________________________________________________________
Mr. Hamers suggested that the District eliminate the phrase “small multifamily developments” from its language, since the District services all multifamily housing that requests curbside cart service.
Discussion followed regarding the increasing development of multifamily housing in
Costa Mesa and its impact on solid waste collection. President Scheafer requested to know the District’s reserve balance in the Solid Waste
Fund.
There were no additional questions or comments and the Board of Directors received and filed the report.
9. Future Study Session Items
Recommendation: That the Board of Directors provide staff with direction
on items to be placed on future study session agendas. President Scheafer noted that the District’s contract renewal with CR&R is coming up
this year. He requested that staff gather information about what the District may want to
include in the renewal and bring it to the Board of Directors at a future meeting.
Assistant Secretary Schafer noted that there will be a Special Meeting on April 18, 2016.
ORAL COMMUNICATIONS - None
ADJOURNMENT
There being no further business to come before the Board, President Scheafer
adjourned the meeting at 10:47 A.M.
_________________________ _________________________
Robert Ooten Michael Scheafer
Secretary President
Costa Mesa Sanitary District
... an Independent Special District
Board of Directors Special Meeting of April 20, 2016
Item Number:2.
Recommendation/Notes:
Recommendation: That the Board of Directors approve and file.
ATTACHMENTS:
Description Type
Board of Directors Special Meeting of April 20, 2016 Cover Memo
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS SPECIAL MEETING APRIL 20, 2016 ______________________________________________________________________
CALL TO ORDER
The Board of Directors of the Costa Mesa
Sanitary District met in special session on
April 20, 2016 at 10:00 A.M. at 628 W. 19th Street, Costa Mesa.
ROLL CALL
DIRECTORS PRESENT:
DIRECTORS ABSENT:
Michael Scheafer, Arthur Perry, Robert
Ooten, Arlene Schafer, James Ferryman
None
STAFF PRESENT: Scott Carroll, General Manager; Alan Burns,
District Counsel; Marc Davis, District
Treasurer; Wendy Davis, Finance Manager; Noelani Middenway, District Clerk.
OTHERS PRESENT: None.
PUBLIC COMMENTS – None
President Scheafer opened public comments. Seeing no one, President Scheafer
closed public comments.
ADJOURN TO CLOSED SESSION
President Scheafer adjourned to closed session at 10:00 A.M. to confer with
real property negotiators for the purchase of 628 W. 19th Street, Costa Mesa.
Mr. Burns entered the meeting at 10:01 A.M.
Conference with Real Property Negotiators
Property: 628 W. 19th Street, Costa Mesa
Agency Negotiators: Scott Carroll and Jack Faris
COSTA MESA SANITARY DISTRICT PAGE 2 MINUTES OF THE BOARD OF DIRECTORS SPECIAL MEETING
HELD APRIL 20, 2016
________________________________________________________________
Negotiating parties: 1. Daniel Webb, MacJones Holdings LLC;
2. Mohammad Gharavi Ghouchani;
3. Livia de los Rios
4. Peter J. Shea
Under Negotiation: Price and terms of payment RECONVENE TO OPEN SESSION
President Scheafer reconvened to open session at 10:28 A.M. and indicated
that the Board of Directors gave staff direction to negotiate with Peter J. Shea
on the sale of the property at 628 W. 19th Street.
Director Ferryman asked if the District has disclosed that the property is under-parked.
Vice President Perry suggested that Jack Faris, Voit Real Estate, notify the
potential buyers.
Discussion followed regarding the shortage of parking and the District’s responsibility to notify potential buyers.
Director Ferryman noted that the District’s Headquarters should legally have 17
parking spaces, but it has a variance from the City of Costa Mesa to have only
15 parking spaces.
There were no additional questions or comments. ADJOURNMENT
There being no further business to come before the Board, President Scheafer
adjourned the meeting at 10:32 A.M.
_________________________ _________________________ Robert Ooten Michael Scheafer
Secretary President
Costa Mesa Sanitary District
... an Independent Special District
Board of Directors Regular Meeting Minutes of April 28, 2016
Item Number:3.
Recommendation/Notes:
Recommendation: That the Board of Directors approve and file.
ATTACHMENTS:
Description Type
Board of Directors Regular Meeting Minutes of April 28, 2016 Cover Memo
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING APRIL 28, 2016 ______________________________________________________________________
CALL TO ORDER
The Board of Directors of the Costa Mesa
Sanitary District met in regular session on
April 28, 2016 at 5:30 P.M. at 628 W. 19th Street, Costa Mesa.
PLEDGE OF
ALLEGIANCE
INVOCATION
ROLL CALL
DIRECTORS PRESENT:
DIRECTORS ABSENT:
President Scheafer led the Pledge of
Allegiance.
President Scheafer led the Invocation.
Michael Scheafer, Arthur Perry, Robert
Ooten, Arlene Schafer, James Ferryman
None
STAFF PRESENT: Scott Carroll, General Manager; Alan Burns,
District Counsel; Robin Hamers, District
Engineer; Wendy Davis, Finance Manager; Marc Davis, District Treasurer; and Noelani
Middenway, District Clerk.
OTHERS PRESENT:
Greg Ridge, resident and Orange County
League of Conservation Voters (OCLCV).
CEREMONIAL MATTERS AND PRESENTATIONS – NONE
ANNOUNCEMENT OF LATE COMMUNICATIONS – NONE
PUBLIC COMMENTS
President Scheafer opened public comments and invited Greg Ridge, a Costa Mesa
resident and Orange County League of Conservation Voters (OCLCV) representative, to address the Board of Directors.
COSTA MESA SANITARY DISTRICT PAGE 2 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD APRIL 28, 2016
______________________________________________________________________
Mr. Ridge provided commentary regarding the upcoming OCLCV Awards Banquet on May 6, 2016 at the University Club at the University of California, Irvine.
Vice President Perry made a motion to discuss the non-agenda item proposing the
Board of Directors’ attendance of the OCLCV Awards Banquet. Assistant Secretary
Schafer seconded the motion, which carried unanimously with a 5-0 vote. The item died for lack of a motion.
Seeing no other members of the public, President Scheafer closed public comments.
CONSENT CALENDAR 1. Board of Directors Study Session
Meeting Minutes of March 8, 2016
2. Board of Directors Regular Meeting Minutes of March 24, 2016
3. Occupancy Report and Payment to CR&R Environmental Services
4. Contract Payment to CR&R
Environmental Services for Recycling & Disposal Services
5. Adoption of Warrant Resolution No. CMSD 2016-10 Approving District Warrant Registers
6. Payroll Transparency Disclosure for March 2016
7. Directors’ Compensation and
The Board of Directors Study Session
Meeting Minutes of March 8, 2016 was
approved as presented.
The Board of Directors Regular Meeting Minutes of March 24, 2016 was approved
as presented.
The Board of Directors accepted the occupancy count as presented using 22,372 as the correct number of active
units and directed staff to prepare a
warrant to CR&R Environmental Services
in the amount of $219,142.69 to be ratified in the April 2016 warrant list, for March 2016 collection.
The Board of Directors approved payment
to CR&R Environmental Services in the amount of $194,382.93 for recycling and disposal services for the month of March
2016.
The Board of Directors adopted Warrant Resolution No. CMSD 2016-10 approving District warrants for the month of March
2016 in the amount of $939,634.27.
The Board of Directors approved the Payroll Transparency Disclosure for March 2016 as presented.
The Board of Directors approved the
COSTA MESA SANITARY DISTRICT PAGE 3 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD APRIL 28, 2016
______________________________________________________________________
Reimbursement of Expenses
8. Sewer Lateral Assistance Program
(SLAP) Update
Directors’ Compensation and Reimbursement of Expenses for March 2016 as presented.
The Board of Directors approved the SLAP
report as presented. Vice President Perry made a motion to approve the Consent Calendar. Director
Ferryman seconded the motion, which passed unanimously with a 5-0 vote.
There were no further questions or comments. END OF CONSENT CALENDAR
PUBLIC HEARINGS – NONE
GENERAL MANAGER’S REPORTS
9. Art Wraps for Wastewater Pump Station Control Panels
Recommendation: That the Board of Directors approves the recommendation
from the Ad Hoc Committee and appropriate $7,300 from the Wastewater Contingency Fund to support this program.
Scott Carroll, General Manager, presented staff’s recommendation to appropriate
$7,300 from the Wastewater Contingency Fund to support the wrapping of 8 pump
station control panels through an art contest among local students. Vice President Perry made a motion to approve the appropriation of $7,300 from the
Wastewater Contingency Fund to support the Art Wrap program. Assistant Secretary
Schafer seconded the motion, which carried unanimously with a 5-0 vote.
There were no further questions or comments.
10. Extension and Amendment to Employee Lending Agreement with Orange
County Sanitation District (OCSD)
Recommendation: That the Board of Directors approves the Agreement allowing OCSD staff to service as CMSD’s Alternate District Engineer.
Mr. Carroll presented an overview of the proposed Employee Lending Agreement with
OCSD for the Alternative District Engineer, Rudy Davila. He noted that the agreement
term is one year in length, with the option to extend for three additional one-year terms. Lastly, Mr. Carroll added that if the Board of Directors approves the agreement, OCSD will present the agreement to their Board of Directors on May 25, 2016.
Discussion followed regarding the length and frequency of Mr. Davila’s work.
COSTA MESA SANITARY DISTRICT PAGE 4 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD APRIL 28, 2016
______________________________________________________________________
Vice President Perry made a motion to approve the Agreement allowing OCSD staff to service as the Alternative District Engineer. Secretary Ooten seconded the motion,
which passed unanimously with a 5-0 vote.
There were no further questions or comments. 11. FY 2015-16 Budget Review – Third Quarter
Recommendation: That the Board of Directors receive and file the report.
Finance Manager, Wendy Davis, presented the third quarter budget review and noted changes in staffing, as well as the upcoming opening of the Anaerobic Digestion Facility.
There were no further questions or discussion and the report was received.
12. Third Quarter FY 2015-20 Strategic Plan Report Recommendation: That the Board of Directors receive and file the report.
Scott Carroll, General Manager, presented the quarterly Strategic Plan update and
noted that since the last quarter, the following four goals have been completed: 1.1 Manhole Cover Maintenance Program, 5.1 Develop a Future Plan for Operational Facilities Adequacy, 7.2 Develop a Long Term Capital Improvement Program (CIP), and
7.7 Create a Popular Report and Upload Document on the District’s Website.
There were no further questions or discussion and the report was received. 13. City of Newport Beach Encroachment Agreement for Emergency Generator at
23rd Street Pump Station
Recommendation: That the Board of Directors approve the Encroachment
Agreement. Scott Carroll, General Manager, presented the Encroachment Agreement for the
emergency generator at the 23rd Street pump station. He noted that the generator will
be fully operational by next week.
Secretary Ooten made a motion to approve the Encroachment Agreement. Vice President Perry seconded the motion, which passed unanimously with a 5-0 vote.
There were no further questions or comments.
ENGINEER’S REPORTS
14. Project Status Report
Recommendation: That the Board of Directors receive and file the report.
COSTA MESA SANITARY DISTRICT PAGE 5 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD APRIL 28, 2016
______________________________________________________________________
District Engineer, Robin Hamers, presented the Project Status Report and displayed two photos: a photo of a 35-year-old valve that will be replaced during Project #202
Elden Piping and Valve Replacement and a photo of the 23rd Street Pump Station
generator.
Discussion followed regarding the regular inspection and maintenance of valves.
Mr. Hamers noted that Project #202 Elden Piping and Valve Replacement will start on
May 15, 2016 and Project #200-B Harbor Force Main will start on June 1, 2016.
There were no further questions or comments and the report was received.
15. Conflict of Interest Report
Nothing to report at this time.
There were no questions or discussion.
16. Project #311 Sewer Manhole Surface Repair Program – Phase II – Acceptance
of Improvements
Recommendation: That the Board of Directors approves the following action: 1. Accept improvements as completed and file a Notice of Completion.
2. Authorize payment of 5% retention 35 days after Notice of Completion
is recorded.
3. Exonerate Labor and Material Bond 35 days after Notice of Completion is recorded and exonerate Faithful Performance Bond one year after Notice of Completion is recorded.
District Engineer, Robin Hamers, presented the Notice of Completion for Project #311
Sewer Manhole Surface Repair Program. Secretary Ooten made a motion to accept the improvements as completed and file a
Notice of Completion, authorize the payment of 5% retention 35 days after the Notice of
Completion is recorded, and exonerate the Labor and Materials Bond 35 days after the
Notice of Completion is recorded and exonerate the Faithful Performance Bond one year after the Notice of Completion is recorded. Vice President Perry seconded the motion, which passed unanimously with a 5-0 vote.
Discussion followed regarding how to address the future replacement of Grade 4
manholes. There were no further questions or comments.
COSTA MESA SANITARY DISTRICT PAGE 6 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD APRIL 28, 2016
______________________________________________________________________
TREASURER’S REPORTS 17. Resolution No. 2016-880 - Intent to Lease-Purchase Financing
Recommendation: That the Board of Directors adopt Resolution No. 2016-880
authorizing the execution and delivery of an installment sale agreement, and
authorizing and directing certain actions in connection with the acquisition of an administrative facility.
District Treasurer, Marc Davis, presented Resolution No. 2016-880 to move forward
with the lease purchase financing of the new administrative facility through the
California Special Districts Association (CSDA) Finance Corporation. He noted that the resolution would delegate signing authority to the Board President, General Manager, or other designees, and that CSDA Finance Corporation would be able to fund the lease
purchase by June 30, 2016.
Discussion followed regarding the escrow closing date of the new administrative facility. Assistant Secretary Schafer made a motion to adopt Resolution No. 2016-880. Vice
President Perry seconded the motion, which passed unanimously with a 5-0 vote.
There were no further questions or comments. 18. Investment Report for the Month of March 2016
Recommendation: That the Board of Directors approves the Investment Report
for the month of March 2016.
District Treasurer, Marc Davis, presented the report details and noted that the weighted average stated rate of return for the District’s investment portfolio was 1.167%.
Additionally, Mr. Davis expanded upon the District’s pending ability to put funds into
CalTRUST through wire transfer.
Secretary Ooten made a motion to approve the Investment Report for the month of March 2016. Vice President Perry seconded the motion, which passed unanimously
with a 5-0 vote.
There were no further questions or comments. ATTORNEY’S REPORTS - NONE
LOCAL MEETINGS
A. Orange County Sanitation District (OCSD) – (Director Ferryman) Recommendation: That the Board of Directors accepts oral report.
Director Ferryman provided an overview of the OCSD meeting on April 27, 2016. He
COSTA MESA SANITARY DISTRICT PAGE 7 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD APRIL 28, 2016
______________________________________________________________________
noted that Troy Edgar, Blake Anderson, and Mary Sue Thompson will have their names added to the honor walk at a ceremony before the next Board Meeting on May 26, 2016. Additionally, Director Ferryman noted that East Orange County Water District was
approved to acquire the sewer system in North Tustin/East Orange.
B. Santa Ana River Flood Protection Agency (SARFPA) – (Vice President Perry) Recommendation: That the Board of Directors accepts oral report.
Vice President Perry shared that there was no SARFPA meeting this month.
C. Independent Special Districts of Orange County (ISDOC) – (President Scheafer) Recommendation: That the Board of Directors accepts oral report.
President Scheafer provided an overview of the ISDOC meeting and noted that the
meeting on May 3, 2016 has been moved to May 10, 2016. D. California Special Districts Association (CSDA) - (Assistant Secretary
Schafer)
Recommendation: That the Board of Directors accepts oral report.
Assistant Secretary Schafer noted that CSDA’s Legislative Days are coming up on May 16-18, 2016.
E. Special District Risk Management Authority (SDRMA) – (President Scheafer)
Recommendation: That the Board of Directors accepts oral report. President Scheafer reported that the next SDRMA meeting will take place next week.
F. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55,
Operations Code Section 3.01.030 Recommendation: That the Board of Directors accepts oral report.
Secretary Ooten noted that he went to the Water Advisory Committee of Orange County
(WACO) meeting on April 1, 2016, which focused primarily on legislative updates.
Vice President Perry added that he also attended the WACO meeting on April 1, 2016, and shared information regarding the drought and drought legislation.
Assistant Secretary Schafer shared that she attended the Costa Mesa Community Run
on April 23, 2016. OLD BUSINESS – NONE
NEW BUSINESS – NONE
COSTA MESA SANITARY DISTRICT PAGE 8 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD APRIL 28, 2016
______________________________________________________________________
ORAL COMMUNICATIONS AND DIRECTOR COMMENTS
President Scheafer provided comments regarding a letter from the Board President of
Mesa Water District, Shawn DeWane, asking the District to participate in a joint study about consolidation.
Vice President Perry requested that a letter be sent to Greg Ridge (OCLCV) to thank
him for his invitation to the Awards Banquet and provide an update regarding the
District’s Organics Recycling Program and the opening of the Anaerobic Digestion Facility in Perris, CA.
President Scheafer requested that CR&R be contacted regarding updating the signage
on their organics collection trucks.
ADJOURN TO CLOSED SESSION
19. Discuss litigation with legal counsel pursuant to Government Code Section
54956.9: Costa Mesa Sanitary District v. Santa Ana Regional Water Quality
Control Board, OCSC #_______. 20. Conference with Real Property Negotiators
Property: 628 W. 19th Street, Costa Mesa
Agency Negotiators: Scott Carroll and Jack Faris
Negotiating Parties:
1. Daniel Webb, MacJones Holdings LLC;
2. Mohammad Gharavi Ghouchani;
3. Livia de los Rios
4. Peter J. Shea
Under Negotiation: Price and terms of payment
President Scheafer adjourned to closed session at 6:45 P.M.
RECONVENE TO OPEN SESSION
President Scheafer reconvened to open session at 7:01 P.M. and indicated that there was no reportable action for Item 19. In regards to Item 20, he noted that the Board of
Directors reached an agreement to sell the building at 628 W. 19th Street, Costa Mesa.
COSTA MESA SANITARY DISTRICT PAGE 9 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING
HELD APRIL 28, 2016
______________________________________________________________________
ADJOURNMENT There being no further business to come before the Board, President Scheafer
adjourned the meeting at 7:02 P.M.
_________________________ _________________________ Robert Ooten Michael Scheafer Secretary President
Costa Mesa Sanitary District
... an Independent Special District
Occupancy Report and Payment to CR&R Environmental Services
Item Number:4.
Recommendation/Notes:
Recommendation: That the Board of Directors:
1. The Board of Directors accepts the occupancy count as presented using 22,380 as the correct
number of active units.
2. The Board of Directors directs staff to prepare a warrant to CR&R Environmental Services for
April 2016 collection based on this occupancy report so long as the contractor fulfills the
obligations of the agreement. Said payment in the amount of $219,221.05 to be ratified in the May
2016 warrant list.
ATTACHMENTS:
Description Type
Occupancy Report and Payment to CR&R Environmental Services Cover Memo
Protecting our community's health and the environment by providing solid waste and sewer collection services.
www.cmsdca.gov
Costa Mesa Sanitary District
….an Independent Special District
Memorandum
To: Board of Directors
Via: Scott Carroll, General Manager
From: Gina Terraneo, Management Analyst I
Date: May 26, 2016
Subject: OCCUPANCY REPORT AND PAYMENT TO CR&R ENVIRONMENTAL
SERVICES
Summary
The total occupancy count for April 2016 billing is 22,380, with eight (8) accounts added since the last billing period. Staff Recommendation
Staff recommends the following:
1. The Board of Directors accepts the occupancy count as presented using
22,380 as the correct number of active units.
2. The Board of Directors directs staff to prepare a warrant to CR&R Environmental Services for April 2016 collection based on this
occupancy report so long as the contractor fulfills the obligations of the
agreement. Said payment in the amount of $219,221.05 to be ratified in
the May 2016 warrant list.
The payment calculation is based on the following:
• District Current Rate for April of 2016:
22,380 x $9.7954 = $219,221.05
Board of Directors
May 26, 2016
Page 2 of 2
Attachments: A. April 2016 Occupancy Report
Costa Mesa Sanitary DistrictOccupancy Report April 2016
Total Accounts 22,380
35 Gallon Waste Carts 968
60 Gallon Waste Carts 29698
90 Gallon Waste Carts 14619
35 Gallon Organic Carts 105
60 Gallon Organic Carts 19960
Total Carts 65,350
Cart Delivery Information/Start Standard Service Service Address Date Delivered
RESIDENT 1992 WALLACE AVE 4/1/2016 60 GAL BARREL DELIVERY
RESIDENT 818 BRICKYARD 4/1/2016 60 GAL BARREL DELIVERY
RESIDENT 632 SEABRIGHT CIR 4/1/2016 60 GAL BARREL DELIVERY
RESIDENT 3064 EDGEWAY 4/1/2016 60 GAL BARREL DELIVERY
RESIDENT 1988 WALLACE AVE 4/7/2016 60 GAL BARREL DELIVERY
RESIDENT 620 SEABRIGHT CIR 4/11/2016 60 GAL BARREL DELIVERY
RESIDENT 2128 PALMILLA CT 4/12/2016 60 GAL BARREL DELIVERY
RESIDENT 591 SEABRIGHT CIR 4/18/2016 60 GAL BARREL DELIVERY
Telephone #
Costa Mesa Sanitary District
... an Independent Special District
Contract Payment to CR Transfer for Recycling & Disposal Services
Item Number:5.
Recommendation/Notes:
Recommendation: That the Board of Directors directs staff to prepare a warrant to CR
Transfer in the amount of $189,365.32 for April 2016 recycling and disposal services to be
ratified in the May 2016 warrant register.
ATTACHMENTS:
Description Type
Contract Payment to CR Transfer for Recycling & Disposal Services Cover Memo
Protecting our community's health and the environment by providing solid waste and sewer collection services.
www.cmsdca.gov
Costa Mesa Sanitary District
….an Independent Special District
Memorandum
To: Board of Directors
Via: Scott Carroll, General Manager
From: Gina Terraneo, Management Analyst I
Date: May 26, 2016
Subject: Contract Payment to CR Transfer for Recycling & Disposal Services
Summary
The Board of Directors approves payment to CR Transfer for recycling and disposal services
for the month of April 2016 as detailed below:
Staff Recommendation
That the Board of Directors directs staff to prepare a warrant to CR&R Environmental
Services in the amount of $189,365.32 for April 2016 recycling and disposal services
to be ratified in the May 2016 warrant register.
Costa Mesa Sanitary District
... an Independent Special District
Adoption of a Warrant Resolution No. CMSD 2016-11 Approving District Warrant
Registers
Item Number:6.
Recommendation/Notes:
Recommendation: That the Board of Directors adopt Warrant Resolution No. CMSD 2016-11
approving District warrants for the Month of April 2016 in the amount of $1,260,569.74.
ATTACHMENTS:
Description Type
Adoption of a Warrant Resolution No. CMSD 2016-11 Approving
District Warrant Registers Cover Memo
COSTA MESA SANITARY DISTRICT
Warrant Resolution No. CMSD 2016-11
A RESOLUTION OF THE COSTA MESA SANITARY DISTRICT
RATIFYING THE PAYMENT OF CERTAIN CLAIMS AND DEMANDS, AND
SPECIFYING THE FUNDS OUT OF WHICH THE SAME WERE PAID.
THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT
DOES HEREBY ORDER AND RESOLVE AS FOLLOWS:
Section 1. That the attached claims and demands totaling $1,260,569.74 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 his own records.
PASSED AND ADOPTED this 26th day of May 2016.
ATTEST:
Secretary President
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
COSTA MESA SANITARY DISTRICT )
I, Noelani Middenway, District Clerk of the Costa Mesa Sanitary District, hereby certify that the foregoing Warrant Resolution No. CMSD 2016-11 was duly adopted by the Costa Mesa Sanitary District at a regular meeting held on the 26th day of May 2016.
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the Costa Mesa Sanitary District on this 26th day of May 2016.
District Clerk of the Costa Mesa Sanitary District
User:
Printed:5/3/2016 - 9:11 AM
Checks for Approval
Accounts Payable
ktran
Check Number Check Date Account Name Vendor NameFund Name Void Amount
Employment Development Department 0 04/13/2016 Liquid Waste Fund State Withholding Taxes 1,864.36
Check Total: 1,864.36
Internal Revenue Service 0 04/13/2016 Liquid Waste Fund Medicare - Employee 745.20
Internal Revenue Service 0 04/13/2016 Liquid Waste Fund Federal Withholding Taxes 6,296.93
Internal Revenue Service 0 04/13/2016 Liquid Waste Fund Medicare - Employee 745.20
Check Total: 7,787.33
Cal Pers Employee Ret System 0 04/13/2016 Liquid Waste Fund PERS Retirement 49.06
Cal Pers Employee Ret System 0 04/13/2016 Liquid Waste Fund PERS Retirement 65.54
Cal Pers Employee Ret System 0 04/13/2016 Liquid Waste Fund PERS Survivor Benefit 15.81
Cal Pers Employee Ret System 0 04/13/2016 Liquid Waste Fund PERS Retirement 2,511.29
Cal Pers Employee Ret System 0 04/13/2016 Liquid Waste Fund PERS Retirement 3,721.15
Cal Pers Employee Ret System 0 04/13/2016 Liquid Waste Fund PERS Retirement 700.82
Check Total: 7,063.67
Internal Revenue Service 0 04/27/2016 Liquid Waste Fund Medicare - Employee 742.75
Internal Revenue Service 0 04/27/2016 Liquid Waste Fund Federal Withholding Taxes 5,828.94
Internal Revenue Service 0 04/27/2016 Liquid Waste Fund Medicare - Employee 742.75
Check Total: 7,314.44
Employment Development Department 0 04/27/2016 Liquid Waste Fund State Withholding Taxes 1,694.70
Check Total: 1,694.70
Cal Pers Employee Ret System 0 04/27/2016 Liquid Waste Fund PERS - Employer 0.01
Cal Pers Employee Ret System 0 04/27/2016 Liquid Waste Fund PERS Retirement 65.54
Cal Pers Employee Ret System 0 04/27/2016 Liquid Waste Fund PERS Retirement 49.06
Cal Pers Employee Ret System 0 04/27/2016 Liquid Waste Fund PERS Retirement 700.82
Cal Pers Employee Ret System 0 04/27/2016 Liquid Waste Fund PERS Retirement 2,505.38
Cal Pers Employee Ret System 0 04/27/2016 Liquid Waste Fund PERS Survivor Benefit 15.81
Cal Pers Employee Ret System 0 04/27/2016 Liquid Waste Fund PERS Retirement 3,715.03
AP-Checks for Approval (5/3/2016 - 9:11 AM)Page 1
Check Number Check Date Account Name Vendor NameFund Name Void Amount
Check Total: 7,051.65
Cal PERS 0 04/06/2016 Solid Waste Fund Benefits Admin Costs 5.00
Cal PERS 0 04/06/2016 Liquid Waste Fund Benefits Admin Costs 44.96
Cal PERS 0 04/06/2016 Liquid Waste Fund Sewer Maint-Benefit Admin 75.00
Cal PERS 0 04/06/2016 Liquid Waste Fund PERS Medical 12,699.52
Cal PERS 0 04/06/2016 Solid Waste Fund Benefits Admin Costs 22.50
Cal PERS 0 04/06/2016 Liquid Waste Fund Benefits Admin Costs 202.50
Check Total: 13,049.48
Cal Pers Employee Ret System 0 04/13/2016 Solid Waste Fund PERS - Employer 84.90
Cal Pers Employee Ret System 0 04/13/2016 Liquid Waste Fund PERS - Employer 764.10
Cal Pers Employee Ret System 0 04/13/2016 Solid Waste Fund PERS - Employer 1.90
Cal Pers Employee Ret System 0 04/13/2016 Liquid Waste Fund PERS - Employer 17.10
Check Total: 868.00
SYNCB/AMAZON 14955 04/01/2016 Solid Waste Fund Building Maintenance 0.40
SYNCB/AMAZON 14955 04/01/2016 Liquid Waste Fund Building Maintenance 3.56
SYNCB/AMAZON 14955 04/01/2016 Solid Waste Fund Small Tools/Equipment 5.38
SYNCB/AMAZON 14955 04/01/2016 Liquid Waste Fund Small Tools/Equipment 48.44
Check Total: 57.78
AT&T 14956 04/01/2016 Liquid Waste Fund Telephone 82.57
AT&T 14956 04/01/2016 Liquid Waste Fund Sewer Maint-Telephone 46.05
AT&T 14956 04/01/2016 Solid Waste Fund Telephone 0.05
AT&T 14956 04/01/2016 Liquid Waste Fund Sewer Maint-Telephone 161.11
AT&T 14956 04/01/2016 Solid Waste Fund Telephone 9.18
AT&T 14956 04/01/2016 Liquid Waste Fund Telephone 0.46
Check Total: 299.42
Bay Alarm Company 14957 04/01/2016 Liquid Waste Fund Sewer Maint-Bldg Maint 320.88
Bay Alarm Company 14957 04/01/2016 Liquid Waste Fund Sewer Maint-Bldg Maint 186.03
Check Total: 506.91
C&R Drains Inc. 14958 04/01/2016 Liquid Waste Fund Sewer Maint-Pump Stn Maint 220.00
Check Total: 220.00
Cal Soc of Muni Finance Officers 14959 04/01/2016 Solid Waste Fund Staff Development 7.50
Cal Soc of Muni Finance Officers 14959 04/01/2016 Liquid Waste Fund Staff Development 67.50
Check Total: 75.00
Environmental Engr & Cont, Inc 14960 04/01/2016 Liquid Waste Fund Sewer Maint-GIS 7,113.75
AP-Checks for Approval (5/3/2016 - 9:11 AM)Page 2
Check Number Check Date Account Name Vendor NameFund Name Void Amount
Check Total: 7,113.75
FedEx 14961 04/01/2016 Liquid Waste Fund Postage 29.17
Check Total: 29.17
Southern California Gas Company 14962 04/01/2016 Liquid Waste Fund Sewer Maint-Pump Stn Maint 18.88
Southern California Gas Company 14962 04/01/2016 Liquid Waste Fund Gas - Building 24.41
Southern California Gas Company 14962 04/01/2016 Solid Waste Fund Gas - Building 2.71
Southern California Gas Company 14962 04/01/2016 Liquid Waste Fund Sewer Maint-Gas Bldg 34.41
Check Total: 80.41
Wayne Henderson 14963 04/01/2016 Liquid Waste Fund Sewer Maint-Swr Lateral Prog 1,100.00
Check Total: 1,100.00
Philip Hoofe 14964 04/01/2016 Liquid Waste Fund Charges For Services 13,259.49
Check Total: 13,259.49
Irvine Ranch Water District 14965 04/01/2016 Liquid Waste Fund Sewer Maint- Water Pumps 9.61
Irvine Ranch Water District 14965 04/01/2016 Liquid Waste Fund Sewer Maint- Water Pumps 9.96
Check Total: 19.57
Independent Special Dist of OC 14966 04/01/2016 Solid Waste Fund Board Development 1.70
Independent Special Dist of OC 14966 04/01/2016 Liquid Waste Fund Board Development 15.30
Check Total: 17.00
Lifecom Inc. 14967 04/01/2016 Liquid Waste Fund Sewer Maint-Equipment Maint 65.00
Lifecom Inc. 14967 04/01/2016 Liquid Waste Fund Sewer Maint-Equipment Maint 65.00
Lifecom Inc. 14967 04/01/2016 Liquid Waste Fund Sewer Maint-Equipment Maint 65.00
Lifecom Inc. 14967 04/01/2016 Liquid Waste Fund Sewer Maint-Equipment Maint 65.00
Lifecom Inc. 14967 04/01/2016 Liquid Waste Fund Sewer Maint-Equipment Maint 65.00
Check Total: 325.00
Mesa Water District 14968 04/01/2016 Liquid Waste Fund Sewer Maint- Water Pumps 22.50
Mesa Water District 14968 04/01/2016 Liquid Waste Fund Sewer Maint- Water Pumps 22.50
Mesa Water District 14968 04/01/2016 Liquid Waste Fund Sewer Maint- Water Pumps 22.50
Mesa Water District 14968 04/01/2016 Liquid Waste Fund Sewer Maint- Water Pumps 22.50
Check Total: 90.00
Municipal Maintenance Equipment 14969 04/01/2016 Liquid Waste Fund Sewer Maint-Equipment Maint 491.09
Check Total: 491.09
AP-Checks for Approval (5/3/2016 - 9:11 AM)Page 3
Check Number Check Date Account Name Vendor NameFund Name Void Amount
Orange County Hose Co. 14970 04/01/2016 Liquid Waste Fund Sewer Maint-Material/Supplies 95.39
Check Total: 95.39
Office Depot 14971 04/01/2016 Liquid Waste Fund Office Supplies 21.59
Office Depot 14971 04/01/2016 Solid Waste Fund Office Supplies 4.66
Office Depot 14971 04/01/2016 Liquid Waste Fund Office Supplies 41.96
Office Depot 14971 04/01/2016 Solid Waste Fund Board Development 6.63
Office Depot 14971 04/01/2016 Liquid Waste Fund Board Development 59.64
Office Depot 14971 04/01/2016 Solid Waste Fund Building Maintenance 2.59
Office Depot 14971 04/01/2016 Liquid Waste Fund Building Maintenance 23.32
Office Depot 14971 04/01/2016 Solid Waste Fund Building Maintenance 3.29
Office Depot 14971 04/01/2016 Liquid Waste Fund Building Maintenance 29.64
Check Total: 193.32
Ortiz Landscaping & Maintenance 14972 04/01/2016 Liquid Waste Fund Building Maintenance 121.50
Ortiz Landscaping & Maintenance 14972 04/01/2016 Solid Waste Fund Building Maintenance 13.50
Ortiz Landscaping & Maintenance 14972 04/01/2016 Liquid Waste Fund Sewer Maint-Bldg Maint 75.00
Check Total: 210.00
Purchase Power 14973 04/01/2016 Liquid Waste Fund Postage 45.00
Purchase Power 14973 04/01/2016 Solid Waste Fund Postage 5.00
Check Total: 50.00
Julie Ragatz 14974 04/01/2016 Liquid Waste Fund Sewer Maint-Swr Lateral Prog 1,100.00
Check Total: 1,100.00
Robert Thorton Architects, Inc 14975 04/01/2016 Liquid Waste Fund Capital Outlay 162.12
Robert Thorton Architects, Inc 14975 04/01/2016 Liquid Waste Fund Capital Outlay 4,995.00
Check Total: 5,157.12
Southern California Edison 14976 04/01/2016 Liquid Waste Fund Sewer Maint-Elec Bldg 29.13
Southern California Edison 14976 04/01/2016 Liquid Waste Fund Sewer Maint-Electric Pumps 537.13
Check Total: 566.26
Arlene Schafer 14977 04/01/2016 Solid Waste Fund Board Development 1.40
Arlene Schafer 14977 04/01/2016 Liquid Waste Fund Board Development 13.50
Arlene Schafer 14977 04/01/2016 Liquid Waste Fund Board Development 12.64
Arlene Schafer 14977 04/01/2016 Solid Waste Fund Board Development 1.50
Check Total: 29.04
Michael Scheafer 14978 04/01/2016 Liquid Waste Fund Board Development 5.83
Michael Scheafer 14978 04/01/2016 Solid Waste Fund Board Development 0.65
AP-Checks for Approval (5/3/2016 - 9:11 AM)Page 4
Check Number Check Date Account Name Vendor NameFund Name Void Amount
Check Total: 6.48
Spec Dist Risk Mgt Authority 14979 04/01/2016 Solid Waste Fund Cafeteria Plan 53.90
Spec Dist Risk Mgt Authority 14979 04/01/2016 Liquid Waste Fund Dental Insurance 930.04
Spec Dist Risk Mgt Authority 14979 04/01/2016 Solid Waste Fund Benefits Admin Costs 15.14
Spec Dist Risk Mgt Authority 14979 04/01/2016 Liquid Waste Fund Cafeteria Plan 70.48
Spec Dist Risk Mgt Authority 14979 04/01/2016 Solid Waste Fund Cafeteria Plan 102.52
Spec Dist Risk Mgt Authority 14979 04/01/2016 Liquid Waste Fund Swr Maint - Cafeteria Plan 181.91
Spec Dist Risk Mgt Authority 14979 04/01/2016 Liquid Waste Fund Vision Insurance 214.85
Spec Dist Risk Mgt Authority 14979 04/01/2016 Liquid Waste Fund Cafeteria Plan 151.84
Spec Dist Risk Mgt Authority 14979 04/01/2016 Liquid Waste Fund Benefits Admin Costs 38.32
Spec Dist Risk Mgt Authority 14979 04/01/2016 Liquid Waste Fund Swr Maint - Cafeteria Plan 96.74
Check Total: 1,855.74
Securitas Security Service USA, Inc. 14980 04/01/2016 Liquid Waste Fund Building Maintenance 198.00
Securitas Security Service USA, Inc. 14980 04/01/2016 Solid Waste Fund Building Maintenance 22.00
Securitas Security Service USA, Inc. 14980 04/01/2016 Liquid Waste Fund Building Maintenance 208.80
Securitas Security Service USA, Inc. 14980 04/01/2016 Solid Waste Fund Building Maintenance 23.20
Securitas Security Service USA, Inc. 14980 04/01/2016 Solid Waste Fund Building Maintenance 22.00
Securitas Security Service USA, Inc. 14980 04/01/2016 Liquid Waste Fund Building Maintenance 198.00
Securitas Security Service USA, Inc. 14980 04/01/2016 Liquid Waste Fund Building Maintenance 201.60
Securitas Security Service USA, Inc. 14980 04/01/2016 Solid Waste Fund Building Maintenance 22.40
Check Total: 896.00
TelePacific Communications 14981 04/01/2016 Solid Waste Fund EOC Equipment & Supplies 30.67
TelePacific Communications 14981 04/01/2016 Liquid Waste Fund EOC Equipment & Supplies 275.99
Check Total: 306.66
Trendzitions 14982 04/01/2016 Liquid Waste Fund Capital Outlay 450.00
Check Total: 450.00
TSR Construction and Inspection 14983 04/01/2016 Liquid Waste Fund Pump Stn Emerg. Eqpt. #196 49,502.00
TSR Construction and Inspection 14983 04/01/2016 Liquid Waste Fund Retention's Payable -2,475.10
Check Total: 47,026.90
Uline 14984 04/01/2016 Liquid Waste Fund Building Maintenance 143.09
Uline 14984 04/01/2016 Solid Waste Fund Building Maintenance 15.90
Check Total: 158.99
VantagePoint Transfer Agents 14985 04/01/2016 Liquid Waste Fund Deferred Compensation - 457 5.00
VantagePoint Transfer Agents 14985 04/01/2016 Liquid Waste Fund Deferred Compensation - 457 2,140.42
AP-Checks for Approval (5/3/2016 - 9:11 AM)Page 5
Check Number Check Date Account Name Vendor NameFund Name Void Amount
Check Total: 2,145.42
VantagePoint Transfer Agents 14986 04/01/2016 Liquid Waste Fund Deferred Medical-RHS-Employee 922.58
Check Total: 922.58
Verizon Wireless 14987 04/01/2016 Liquid Waste Fund Sewer Maint-Telephone 312.16
Check Total: 312.16
Joyce Walker 14988 04/01/2016 Liquid Waste Fund Sewer Maint-Swr Lateral Prog 1,100.00
Check Total: 1,100.00
AFLAC 14989 04/06/2016 Liquid Waste Fund Employee Insurance 1,011.98
Check Total: 1,011.98
Alpha Traffic Services, Inc. 14990 04/06/2016 Liquid Waste Fund Sewer Maint-Annual Sewer Maint 750.00
Check Total: 750.00
Deluxe For Business 14991 04/06/2016 Liquid Waste Fund Office Supplies 298.63
Deluxe For Business 14991 04/06/2016 Solid Waste Fund Office Supplies 33.18
Check Total: 331.81
Environmental Engr & Cont, Inc 14992 04/06/2016 Liquid Waste Fund Sewer Maint-FOG Prog Contract 8,778.60
Check Total: 8,778.60
Franchise Tax Board 14993 04/06/2016 Liquid Waste Fund Wage Garnishment 229.13
Check Total: 229.13
Southern California Edison 14994 04/06/2016 Liquid Waste Fund Sewer Maint-Electric Pumps 152.42
Southern California Edison 14994 04/06/2016 Liquid Waste Fund Sewer Maint-Electric Pumps 37.82
Southern California Edison 14994 04/06/2016 Liquid Waste Fund Sewer Maint-Electric Pumps 728.17
Southern California Edison 14994 04/06/2016 Liquid Waste Fund Sewer Maint-Electric Pumps 64.62
Southern California Edison 14994 04/06/2016 Liquid Waste Fund Sewer Maint-Electric Pumps 238.30
Southern California Edison 14994 04/06/2016 Liquid Waste Fund Sewer Maint-Electric Pumps 156.82
Southern California Edison 14994 04/06/2016 Liquid Waste Fund Sewer Maint-Electric Pumps 93.97
Southern California Edison 14994 04/06/2016 Liquid Waste Fund Sewer Maint-Electric Pumps 354.44
Southern California Edison 14994 04/06/2016 Liquid Waste Fund Sewer Maint-Electric Pumps 202.63
Southern California Edison 14994 04/06/2016 Liquid Waste Fund Sewer Maint-Electric Pumps 64.02
Southern California Edison 14994 04/06/2016 Liquid Waste Fund Sewer Maint-Electric Pumps 241.26
Southern California Edison 14994 04/06/2016 Liquid Waste Fund Sewer Maint-Electric Pumps 52.87
Southern California Edison 14994 04/06/2016 Liquid Waste Fund Sewer Maint-Electric Pumps 201.02
Southern California Edison 14994 04/06/2016 Liquid Waste Fund Sewer Maint-Electric Pumps 24.51
AP-Checks for Approval (5/3/2016 - 9:11 AM)Page 6
Check Number Check Date Account Name Vendor NameFund Name Void Amount
Southern California Edison 14994 04/06/2016 Liquid Waste Fund Sewer Maint-Electric Pumps 125.25
Southern California Edison 14994 04/06/2016 Liquid Waste Fund Sewer Maint-Electric Pumps 274.12
Southern California Edison 14994 04/06/2016 Liquid Waste Fund Sewer Maint-Electric Pumps 56.43
Southern California Edison 14994 04/06/2016 Liquid Waste Fund Sewer Maint-Electric Pumps 78.69
Southern California Edison 14994 04/06/2016 Liquid Waste Fund Sewer Maint-Electric Pumps 28.66
Southern California Edison 14994 04/06/2016 Liquid Waste Fund Electric - Building 426.76
Southern California Edison 14994 04/06/2016 Solid Waste Fund Electric - Building 47.42
Check Total: 3,650.20
Sylvia Agrusa 14995 04/15/2016 Liquid Waste Fund Sewer Maint-Swr Lateral Prog 1,100.00
Check Total: 1,100.00
AndersonPenna Partners, Inc. 14996 04/15/2016 Liquid Waste Fund Plan Ck/Inspection-Outside 186.00
Check Total: 186.00
Birch Communications 14997 04/15/2016 Liquid Waste Fund Sewer Maint-Telephone 1,011.75
Birch Communications 14997 04/15/2016 Liquid Waste Fund Telephone 240.18
Birch Communications 14997 04/15/2016 Solid Waste Fund Telephone 26.69
Check Total: 1,278.62
Bank of America 14998 04/15/2016 Liquid Waste Fund Sewer Maint-Bldg Maint 21.54
Bank of America 14998 04/15/2016 Liquid Waste Fund Sewer Maint-Material/Supplies 131.54
Bank of America 14998 04/15/2016 Liquid Waste Fund Sewer Maint-Office Supplies 6.40
Bank of America 14998 04/15/2016 Liquid Waste Fund Sewer Maint-Pump Stn Maint 88.65
Bank of America 14998 04/15/2016 Solid Waste Fund Staff Development 20.82
Bank of America 14998 04/15/2016 Solid Waste Fund Board Development 3.66
Bank of America 14998 04/15/2016 Solid Waste Fund Board Development 1.70
Bank of America 14998 04/15/2016 Liquid Waste Fund Board Development 224.06
Bank of America 14998 04/15/2016 Solid Waste Fund Board Development 2.95
Bank of America 14998 04/15/2016 Solid Waste Fund Board Development 1.30
Bank of America 14998 04/15/2016 Liquid Waste Fund Board Development 40.50
Bank of America 14998 04/15/2016 Solid Waste Fund Board Development 3.10
Bank of America 14998 04/15/2016 Solid Waste Fund Board Development 24.90
Bank of America 14998 04/15/2016 Liquid Waste Fund Board Development 32.98
Bank of America 14998 04/15/2016 Liquid Waste Fund Board Development 31.82
Bank of America 14998 04/15/2016 Solid Waste Fund Board Development 18.33
Bank of America 14998 04/15/2016 Solid Waste Fund Board Development 3.54
Bank of America 14998 04/15/2016 Liquid Waste Fund Board Development 27.88
Bank of America 14998 04/15/2016 Solid Waste Fund Staff Development 2.24
Bank of America 14998 04/15/2016 Liquid Waste Fund Staff Development 20.13
Bank of America 14998 04/15/2016 Liquid Waste Fund Staff Development 20.13
Bank of America 14998 04/15/2016 Solid Waste Fund Staff Development 2.23
Bank of America 14998 04/15/2016 Liquid Waste Fund Board Development 26.52
AP-Checks for Approval (5/3/2016 - 9:11 AM)Page 7
Check Number Check Date Account Name Vendor NameFund Name Void Amount
Bank of America 14998 04/15/2016 Liquid Waste Fund Board Development 15.30
Bank of America 14998 04/15/2016 Solid Waste Fund Board Development 27.00
Bank of America 14998 04/15/2016 Liquid Waste Fund Staff Development 187.40
Bank of America 14998 04/15/2016 Liquid Waste Fund Board Development 164.92
Bank of America 14998 04/15/2016 Solid Waste Fund Board Development 4.50
Bank of America 14998 04/15/2016 Liquid Waste Fund Board Development 242.96
Bank of America 14998 04/15/2016 Liquid Waste Fund Board Development 11.70
Bank of America 14998 04/15/2016 Liquid Waste Fund Public Info/Ed/Community Promo 45.89
Bank of America 14998 04/15/2016 Liquid Waste Fund Staff Development 134.10
Bank of America 14998 04/15/2016 Solid Waste Fund Staff Development 222.20
Bank of America 14998 04/15/2016 Solid Waste Fund Staff Development 14.90
Bank of America 14998 04/15/2016 Solid Waste Fund Computer Licenses & Maint 4.98
Bank of America 14998 04/15/2016 Solid Waste Fund Staff Development 24.20
Bank of America 14998 04/15/2016 Liquid Waste Fund Computer Licenses & Maint 44.77
Bank of America 14998 04/15/2016 Solid Waste Fund Prof Membership/Dues 53.74
Check Total: 1,955.48
Harper & Burns LLP 14999 04/15/2016 Liquid Waste Fund Legal Services 118.20
Harper & Burns LLP 14999 04/15/2016 Solid Waste Fund Legal Services 460.98
Harper & Burns LLP 14999 04/15/2016 Solid Waste Fund Legal Services 177.30
Harper & Burns LLP 14999 04/15/2016 Liquid Waste Fund Legal Services 5,220.50
Harper & Burns LLP 14999 04/15/2016 Liquid Waste Fund Legal Services 1,843.92
Harper & Burns LLP 14999 04/15/2016 Liquid Waste Fund Legal Services 2,777.70
Check Total: 10,598.60
C3 Office Solutions LLC 15000 04/15/2016 Liquid Waste Fund Equipment Maintenance 283.28
C3 Office Solutions LLC 15000 04/15/2016 Solid Waste Fund Equipment Maintenance 31.48
Check Total: 314.76
California Elementary School 15001 04/15/2016 Solid Waste Fund Battery Recycling Program 300.00
Check Total: 300.00
Christ Lutheran 15002 04/15/2016 Solid Waste Fund Battery Recycling Program 600.00
Check Total: 600.00
City of Costa Mesa 15003 04/15/2016 Liquid Waste Fund City MH Adjustment Prgm #309 25,426.50
Check Total: 25,426.50
CoreLogic Solutions, LLC 15004 04/15/2016 Solid Waste Fund Computer Licenses & Maint 15.00
CoreLogic Solutions, LLC 15004 04/15/2016 Liquid Waste Fund Computer Licenses & Maint 135.00
Check Total: 150.00
AP-Checks for Approval (5/3/2016 - 9:11 AM)Page 8
Check Number Check Date Account Name Vendor NameFund Name Void Amount
CR&R Incorporated Environmental Services 15005 04/15/2016 Solid Waste Fund Household Hazardous Waste 392.00
Check Total: 392.00
CR&R Incorporated Environmental Services 15006 04/15/2016 Solid Waste Fund Battery Recycling Program 3,439.00
Check Total: 3,439.00
C&R Drains Inc. 15007 04/15/2016 Liquid Waste Fund Sewer Maint-Pump Stn Maint 400.00
Check Total: 400.00
WM Curbside, LLC 15008 04/15/2016 Solid Waste Fund Sharps Program 115.00
WM Curbside, LLC 15008 04/15/2016 Solid Waste Fund Pharmaceutical Program 385.20
WM Curbside, LLC 15008 04/15/2016 Solid Waste Fund Pharmaceutical Program 151.87
WM Curbside, LLC 15008 04/15/2016 Solid Waste Fund Pharmaceutical Program 277.65
WM Curbside, LLC 15008 04/15/2016 Solid Waste Fund Sharps Program 115.00
WM Curbside, LLC 15008 04/15/2016 Solid Waste Fund Pharmaceutical Program 198.00
WM Curbside, LLC 15008 04/15/2016 Solid Waste Fund Sharps Program 115.00
WM Curbside, LLC 15008 04/15/2016 Solid Waste Fund Sharps Program 115.00
WM Curbside, LLC 15008 04/15/2016 Solid Waste Fund Sharps Program 115.00
Check Total: 1,587.72
CWEA-SARBS 15009 04/15/2016 Liquid Waste Fund Sewer Maint-Prof Member/Dues 86.00
Check Total: 86.00
Eric Dahl 15010 04/15/2016 Liquid Waste Fund Sewer Maint-Swr Lateral Prog 1,100.00
Check Total: 1,100.00
DATCO Services Corporation 15011 04/15/2016 Liquid Waste Fund Medical/Employment Services 200.40
Check Total: 200.40
Davis Magnet School 15012 04/15/2016 Solid Waste Fund Battery Recycling Program 1,000.00 0.00
Check Total: 0.00
Daniel Diener 15013 04/15/2016 Liquid Waste Fund Sewer Maint-Swr Lateral Prog 1,100.00
Check Total: 1,100.00
Mike Dixon 15014 04/15/2016 Liquid Waste Fund Sewer Maint-Swr Lateral Prog 1,100.00
Check Total: 1,100.00
EHS International, Inc 15015 04/15/2016 Liquid Waste Fund Sewer Maint-Staff Development 100.00
Check Total: 100.00
AP-Checks for Approval (5/3/2016 - 9:11 AM)Page 9
Check Number Check Date Account Name Vendor NameFund Name Void Amount
Fred Pryor Seminars 15016 04/15/2016 Liquid Waste Fund Staff Development 179.10
Fred Pryor Seminars 15016 04/15/2016 Solid Waste Fund Staff Development 19.90
Fred Pryor Seminars 15016 04/15/2016 Solid Waste Fund Staff Development 19.90
Fred Pryor Seminars 15016 04/15/2016 Liquid Waste Fund Staff Development 179.10
Fred Pryor Seminars 15016 04/15/2016 Solid Waste Fund Staff Development 19.90
Fred Pryor Seminars 15016 04/15/2016 Liquid Waste Fund Staff Development 179.10
Check Total: 597.00
GE Capital 15017 04/15/2016 Solid Waste Fund Equipment Maintenance 31.63
GE Capital 15017 04/15/2016 Liquid Waste Fund Equipment Maintenance 284.66
GE Capital 15017 04/15/2016 Solid Waste Fund Equipment Maintenance 28.92
GE Capital 15017 04/15/2016 Liquid Waste Fund Equipment Maintenance 260.29
Check Total: 605.50
Roger Goodman 15018 04/15/2016 Liquid Waste Fund Sewer Maint-Swr Lateral Prog 224.50
Check Total: 224.50
Robin B. Hamers & Assoc., Inc. 15019 04/15/2016 Liquid Waste Fund Engineering/Architectual Serv 1,530.00
Robin B. Hamers & Assoc., Inc. 15019 04/15/2016 Liquid Waste Fund Engineering/Architectual Serv 3,255.00
Robin B. Hamers & Assoc., Inc. 15019 04/15/2016 Liquid Waste Fund Plan Ck/Inspection-Inside 2,135.00
Robin B. Hamers & Assoc., Inc. 15019 04/15/2016 Liquid Waste Fund Plan Ck/Inspection-Inside 262.50
Robin B. Hamers & Assoc., Inc. 15019 04/15/2016 Liquid Waste Fund Plan Ck/Inspection-Outside 630.00
Robin B. Hamers & Assoc., Inc. 15019 04/15/2016 Liquid Waste Fund Plan Ck/Inspection-Outside 5,495.00
Robin B. Hamers & Assoc., Inc. 15019 04/15/2016 Liquid Waste Fund Plan Ck/Inspection-Swr Lateral 1,260.00
Robin B. Hamers & Assoc., Inc. 15019 04/15/2016 Liquid Waste Fund Pump Stn Emerg. Eqpt. #196 2,905.00
Robin B. Hamers & Assoc., Inc. 15019 04/15/2016 Liquid Waste Fund Pump Stn Emerg. Eqpt. #196 472.50
Robin B. Hamers & Assoc., Inc. 15019 04/15/2016 Liquid Waste Fund Force Main Upgrades #200 892.50
Robin B. Hamers & Assoc., Inc. 15019 04/15/2016 Liquid Waste Fund Force Main Upgrades #200 315.00
Robin B. Hamers & Assoc., Inc. 15019 04/15/2016 Liquid Waste Fund Indus Relining Project #310 140.00
Robin B. Hamers & Assoc., Inc. 15019 04/15/2016 Liquid Waste Fund Indus Relining Project #310 472.50
Robin B. Hamers & Assoc., Inc. 15019 04/15/2016 Liquid Waste Fund MH Cover Repairs #311 630.00
Check Total: 20,395.00
Harper Preschool Center 15020 04/15/2016 Solid Waste Fund Battery Recycling Program 300.00
Check Total: 300.00
Matthew Haugen 15021 04/15/2016 Liquid Waste Fund Sewer Maint-Swr Lateral Prog 1,100.00
Check Total: 1,100.00
IPC Fuel Distribution 15022 04/15/2016 Liquid Waste Fund Sewer Maint-Equipment Maint 3,308.18
Check Total: 3,308.18
AP-Checks for Approval (5/3/2016 - 9:11 AM)Page 10
Check Number Check Date Account Name Vendor NameFund Name Void Amount
Iron Mountain Incorporated 15023 04/15/2016 Solid Waste Fund Contract Services 14.31
Iron Mountain Incorporated 15023 04/15/2016 Liquid Waste Fund Contract Services 128.74
Iron Mountain Incorporated 15023 04/15/2016 Liquid Waste Fund Contract Services 93.74
Iron Mountain Incorporated 15023 04/15/2016 Solid Waste Fund Contract Services 10.42
Check Total: 247.21
Irvine Ranch Water District 15024 04/15/2016 Liquid Waste Fund Sewer Maint- Water Pumps 10.64
Check Total: 10.64
Kaiser Elementary School 15025 04/15/2016 Solid Waste Fund Battery Recycling Program 400.00
Check Total: 400.00
Anne Koenig 15026 04/15/2016 Liquid Waste Fund Sewer Maint-Swr Lateral Prog 1,100.00
Check Total: 1,100.00
Lan Wan Enterprise Inc 15027 04/15/2016 Liquid Waste Fund Professional Services 3,510.00
Lan Wan Enterprise Inc 15027 04/15/2016 Solid Waste Fund Professional Services 390.00
Lan Wan Enterprise Inc 15027 04/15/2016 Solid Waste Fund Professional Services 130.00
Lan Wan Enterprise Inc 15027 04/15/2016 Liquid Waste Fund Professional Services 1,170.00
Lan Wan Enterprise Inc 15027 04/15/2016 Liquid Waste Fund Computer Licenses & Maint 144.00
Lan Wan Enterprise Inc 15027 04/15/2016 Solid Waste Fund Computer Licenses & Maint 16.00
Check Total: 5,360.00
Liebert Cassidy Whitmore 15028 04/15/2016 Solid Waste Fund Staff Development 6.00
Liebert Cassidy Whitmore 15028 04/15/2016 Liquid Waste Fund Staff Development 54.00
Check Total: 60.00
Victoria Mello 15029 04/15/2016 Liquid Waste Fund Sewer Maint-Swr Lateral Prog 1,100.00
Check Total: 1,100.00
Mesa Art & Framing 15030 04/15/2016 Liquid Waste Fund Public Info/Ed/Community Promo 500.00
Check Total: 500.00
Mouse Graphics 15031 04/15/2016 Liquid Waste Fund Public Info/Ed/Community Promo 13.77
Check Total: 13.77
Newport Heights Elementary Sch 15032 04/15/2016 Solid Waste Fund Battery Recycling Program 300.00
Check Total: 300.00
Orange County Sanitation Distr 15033 04/15/2016 Liquid Waste Fund OCSD Fees-CMSD Share -11,252.46
Orange County Sanitation Distr 15033 04/15/2016 Liquid Waste Fund Due to OCSD 492,551.99
AP-Checks for Approval (5/3/2016 - 9:11 AM)Page 11
Check Number Check Date Account Name Vendor NameFund Name Void Amount
Check Total: 481,299.53
Orange County Sanitation Distr 15034 04/15/2016 Liquid Waste Fund Plan Ck/Inspection-Outside 445.50
Check Total: 445.50
Office Depot 15035 04/15/2016 Liquid Waste Fund Board Development 27.09
Office Depot 15035 04/15/2016 Solid Waste Fund Board Development 3.01
Office Depot 15035 04/15/2016 Liquid Waste Fund Board Development 47.13
Office Depot 15035 04/15/2016 Solid Waste Fund Board Development 5.24
Office Depot 15035 04/15/2016 Liquid Waste Fund Building Maintenance 38.98
Office Depot 15035 04/15/2016 Solid Waste Fund Building Maintenance 4.33
Office Depot 15035 04/15/2016 Liquid Waste Fund Sewer Maint-Bldg Maint 25.91
Office Depot 15035 04/15/2016 Liquid Waste Fund Office Supplies 30.96
Office Depot 15035 04/15/2016 Liquid Waste Fund Building Maintenance 7.17
Office Depot 15035 04/15/2016 Solid Waste Fund Office Supplies 3.44
Office Depot 15035 04/15/2016 Solid Waste Fund Building Maintenance 0.80
Check Total: 194.06
Raymond Palmer 15036 04/15/2016 Liquid Waste Fund Sewer Maint-Swr Lateral Prog 1,100.00
Check Total: 1,100.00
CMSD Petty Cash 15037 04/15/2016 Solid Waste Fund Mileage Reimbursement 5.35
CMSD Petty Cash 15037 04/15/2016 Solid Waste Fund Staff Development 1.86
CMSD Petty Cash 15037 04/15/2016 Liquid Waste Fund Staff Development 27.00
CMSD Petty Cash 15037 04/15/2016 Solid Waste Fund Staff Development 3.00
CMSD Petty Cash 15037 04/15/2016 Liquid Waste Fund Staff Development 16.77
CMSD Petty Cash 15037 04/15/2016 Liquid Waste Fund Mileage Reimbursement 48.11
CMSD Petty Cash 15037 04/15/2016 Liquid Waste Fund Staff Development 11.18
CMSD Petty Cash 15037 04/15/2016 Solid Waste Fund Staff Development 1.24
CMSD Petty Cash 15037 04/15/2016 Solid Waste Fund Staff Development 1.29
CMSD Petty Cash 15037 04/15/2016 Liquid Waste Fund Staff Development 11.62
CMSD Petty Cash 15037 04/15/2016 Liquid Waste Fund Staff Development 8.35
CMSD Petty Cash 15037 04/15/2016 Solid Waste Fund Staff Development 0.93
CMSD Petty Cash 15037 04/15/2016 Liquid Waste Fund Sewer Maint-Staff Development 71.60
CMSD Petty Cash 15037 04/15/2016 Solid Waste Fund Staff Development 5.92
CMSD Petty Cash 15037 04/15/2016 Liquid Waste Fund Staff Development 53.30
CMSD Petty Cash 15037 04/15/2016 Liquid Waste Fund Building Maintenance 31.05
CMSD Petty Cash 15037 04/15/2016 Solid Waste Fund Building Maintenance 3.45
CMSD Petty Cash 15037 04/15/2016 Liquid Waste Fund Sewer Maint-Office Supplies 101.95
CMSD Petty Cash 15037 04/15/2016 Liquid Waste Fund Public Info/Ed/Community Promo 2.00
CMSD Petty Cash 15037 04/15/2016 Liquid Waste Fund Building Maintenance 54.31
CMSD Petty Cash 15037 04/15/2016 Solid Waste Fund Building Maintenance 6.04
CMSD Petty Cash 15037 04/15/2016 Solid Waste Fund Mileage Reimbursement 3.05
AP-Checks for Approval (5/3/2016 - 9:11 AM)Page 12
Check Number Check Date Account Name Vendor NameFund Name Void Amount
CMSD Petty Cash 15037 04/15/2016 Liquid Waste Fund Mileage Reimbursement 27.42
Check Total: 496.79
Nancie Pham 15038 04/15/2016 Liquid Waste Fund Sewer Maint-Swr Lateral Prog 1,100.00
Check Total: 1,100.00
Plumbers Depot Inc. 15039 04/15/2016 Liquid Waste Fund Sewer Maint-Material/Supplies 103.68
Check Total: 103.68
Professional Pipe Services 15040 04/15/2016 Liquid Waste Fund Sewer Maint-Sewer Line Tele 40,428.06
Check Total: 40,428.06
Robert Thorton Architects, Inc 15041 04/15/2016 Liquid Waste Fund Capital Outlay 290.00
Robert Thorton Architects, Inc 15041 04/15/2016 Liquid Waste Fund Capital Outlay 4,900.00
Check Total: 5,190.00
Derek Sabori 15042 04/15/2016 Liquid Waste Fund Sewer Maint-Swr Lateral Prog 1,100.00
Check Total: 1,100.00
Santa Ana Blue Print 15043 04/15/2016 Liquid Waste Fund Pump Stn Emerg. Eqpt. #196 75.02
Check Total: 75.02
Securitas Security Service USA, Inc. 15044 04/15/2016 Liquid Waste Fund Building Maintenance 201.60
Securitas Security Service USA, Inc. 15044 04/15/2016 Solid Waste Fund Building Maintenance 22.40
Securitas Security Service USA, Inc. 15044 04/15/2016 Liquid Waste Fund Building Maintenance 201.60
Securitas Security Service USA, Inc. 15044 04/15/2016 Solid Waste Fund Building Maintenance 22.40
Check Total: 448.00
St John The Baptist School 15045 04/15/2016 Solid Waste Fund Battery Recycling Program 300.00
Check Total: 300.00
Mary Stout 15046 04/15/2016 Liquid Waste Fund Sewer Maint-Swr Lateral Prog 1,100.00
Check Total: 1,100.00
That's Great News 15047 04/15/2016 Liquid Waste Fund Public Info/Ed/Community Promo 378.00
Check Total: 378.00
Trendzitions 15048 04/15/2016 Liquid Waste Fund Capital Outlay 1,937.50
Trendzitions 15048 04/15/2016 Liquid Waste Fund Capital Outlay 600.00
Check Total: 2,537.50
AP-Checks for Approval (5/3/2016 - 9:11 AM)Page 13
Check Number Check Date Account Name Vendor NameFund Name Void Amount
Underground Service Alert/SC 15049 04/15/2016 Liquid Waste Fund Contract Services 78.00
Check Total: 78.00
VantagePoint Transfer Agents 15050 04/15/2016 Liquid Waste Fund Deferred Compensation - 457 2,140.42
Check Total: 2,140.42
VantagePoint Transfer Agents 15051 04/15/2016 Liquid Waste Fund Deferred Medical-RHS-Employee 925.12
Check Total: 925.12
Waldorf School 15052 04/15/2016 Solid Waste Fund Battery Recycling Program 300.00
Check Total: 300.00
Clark Wilmoth 15053 04/15/2016 Liquid Waste Fund Sewer Maint-Swr Lateral Prog 1,100.00
Check Total: 1,100.00
Robert Wilson 15054 04/15/2016 Liquid Waste Fund Sewer Maint-Swr Lateral Prog 1,100.00
Check Total: 1,100.00
WorkWave GPS 15055 04/15/2016 Solid Waste Fund Equipment Maintenance 19.99
WorkWave GPS 15055 04/15/2016 Liquid Waste Fund Sewer Maint-Equipment Maint 99.95
Check Total: 119.94
Lucy Yurada 15056 04/15/2016 Liquid Waste Fund Sewer Maint-Swr Lateral Prog 1,100.00
Check Total: 1,100.00
JWC Environmental LLC 15057 04/28/2016 Liquid Waste Fund Capital Outlay 4,500.00
Check Total: 4,500.00
C3 Office Solutions LLC 15063 04/29/2016 Solid Waste Fund Equipment Maintenance 31.48
C3 Office Solutions LLC 15063 04/29/2016 Liquid Waste Fund Equipment Maintenance 283.28
Check Total: 314.76
City of Newport Beach 15064 04/29/2016 Liquid Waste Fund Sewer Maint- Water Pumps 34.54
Check Total: 34.54
CR&R Incorporated Environmental Services 15065 04/29/2016 Solid Waste Fund Trash Hauler 219,142.69
Check Total: 219,142.69
C&R Drains Inc. 15066 04/29/2016 Liquid Waste Fund Sewer Maint-Annual Sewer Maint 220.00
AP-Checks for Approval (5/3/2016 - 9:11 AM)Page 14
Check Number Check Date Account Name Vendor NameFund Name Void Amount
Check Total: 220.00
CR Transfer, Inc. 15067 04/29/2016 Solid Waste Fund Recycling/Disposal 69,669.99
CR Transfer, Inc. 15067 04/29/2016 Solid Waste Fund Recycling/Disposal 2,001.36
CR Transfer, Inc. 15067 04/29/2016 Solid Waste Fund Organics Disposal 18,131.30
CR Transfer, Inc. 15067 04/29/2016 Solid Waste Fund Recycling/Disposal 81,503.50
CR Transfer, Inc. 15067 04/29/2016 Solid Waste Fund Recycling/Disposal 1,527.39
CR Transfer, Inc. 15067 04/29/2016 Solid Waste Fund Organics Disposal 21,549.39
Check Total: 194,382.93
DavisFarr LLP 15068 04/29/2016 Solid Waste Fund Fiscal Services 687.16
DavisFarr LLP 15068 04/29/2016 Liquid Waste Fund Fiscal Services 1,276.14
Check Total: 1,963.30
EBS General Engineering Inc. 15069 04/29/2016 Liquid Waste Fund Retention's Payable -546.00
EBS General Engineering Inc. 15069 04/29/2016 Liquid Waste Fund MH Cover Repairs #311 10,920.00
Check Total: 10,374.00
Eco Partners, Inc. 15070 04/29/2016 Solid Waste Fund Public Info/Ed/Community Prom 5,096.40
Eco Partners, Inc. 15070 04/29/2016 Liquid Waste Fund Public Info/Ed/Community Promo 5,096.39
Check Total: 10,192.79
Jim Ferryman 15071 04/29/2016 Liquid Waste Fund Board Development 7.29
Jim Ferryman 15071 04/29/2016 Solid Waste Fund Board Development 0.81
Check Total: 8.10
F.M. Thomas Air Condittioning, Inc. 15072 04/29/2016 Solid Waste Fund Building Maintenance 33.25
F.M. Thomas Air Condittioning, Inc. 15072 04/29/2016 Liquid Waste Fund Building Maintenance 299.25
F.M. Thomas Air Condittioning, Inc. 15072 04/29/2016 Solid Waste Fund Building Maintenance 15.30
F.M. Thomas Air Condittioning, Inc. 15072 04/29/2016 Liquid Waste Fund Building Maintenance 137.70
Check Total: 485.50
Carrie Fogarty 15073 04/29/2016 Liquid Waste Fund Sewer Maint-Swr Lateral Prog 1,100.00
Check Total: 1,100.00
Franchise Tax Board 15074 04/29/2016 Liquid Waste Fund Wage Garnishment 187.60
Check Total: 187.60
Southern California Gas Company 15075 04/29/2016 Liquid Waste Fund Sewer Maint-Pump Stn Maint 20.65
Check Total: 20.65
AP-Checks for Approval (5/3/2016 - 9:11 AM)Page 15
Check Number Check Date Account Name Vendor NameFund Name Void Amount
Harbinger Homes Inc 15076 04/29/2016 Liquid Waste Fund Charges For Services 54.60
Harbinger Homes Inc 15076 04/29/2016 Solid Waste Fund Charges for Services 227.20
Check Total: 281.80
Hydrex Pest Control Company of California 15077 04/29/2016 Solid Waste Fund Building Maintenance 8.40
Hydrex Pest Control Company of California 15077 04/29/2016 Liquid Waste Fund Building Maintenance 75.60
Check Total: 84.00
Irvine Ranch Water District 15078 04/29/2016 Liquid Waste Fund Sewer Maint- Water Pumps 10.99
Check Total: 10.99
John Dickens Inc. 15079 04/29/2016 Solid Waste Fund Building Maintenance 499.50
John Dickens Inc. 15079 04/29/2016 Liquid Waste Fund Building Maintenance 4,495.50
Check Total: 4,995.00
Jane Larkin 15080 04/29/2016 Liquid Waste Fund Sewer Maint-Swr Lateral Prog 1,100.00
Check Total: 1,100.00
Elizabeth Leahy 15081 04/29/2016 Liquid Waste Fund Sewer Maint-Swr Lateral Prog 1,100.00
Check Total: 1,100.00
Mesa Water District 15082 04/29/2016 Liquid Waste Fund Sewer Maint- Water Pumps 22.50
Mesa Water District 15082 04/29/2016 Solid Waste Fund Water - Building 29.08
Mesa Water District 15082 04/29/2016 Liquid Waste Fund Water - Building 261.74
Check Total: 313.32
Lee Michaels 15083 04/29/2016 Liquid Waste Fund Sewer Maint-Swr Lateral Prog 699.50
Check Total: 699.50
Office Depot 15084 04/29/2016 Solid Waste Fund Office Supplies 4.83
Office Depot 15084 04/29/2016 Liquid Waste Fund Office Supplies 43.42
Office Depot 15084 04/29/2016 Solid Waste Fund Office Supplies 0.71
Office Depot 15084 04/29/2016 Liquid Waste Fund Office Supplies 6.40
Office Depot 15084 04/29/2016 Liquid Waste Fund Office Supplies 14.36
Office Depot 15084 04/29/2016 Solid Waste Fund Office Supplies 1.60
Office Depot 15084 04/29/2016 Solid Waste Fund Building Maintenance 5.73
Office Depot 15084 04/29/2016 Liquid Waste Fund Building Maintenance 51.55
Office Depot 15084 04/29/2016 Solid Waste Fund Building Maintenance 1.08
Office Depot 15084 04/29/2016 Liquid Waste Fund Building Maintenance 9.71
Check Total: 139.39
AP-Checks for Approval (5/3/2016 - 9:11 AM)Page 16
Check Number Check Date Account Name Vendor NameFund Name Void Amount
Pauline M. Court-Johnson 15085 04/29/2016 Solid Waste Fund Public Info/Ed/Community Prom 922.69
Pauline M. Court-Johnson 15085 04/29/2016 Liquid Waste Fund Public Info/Ed/Community Promo 922.69
Check Total: 1,845.38
Purchase Power 15086 04/29/2016 Solid Waste Fund Postage 10.00
Purchase Power 15086 04/29/2016 Liquid Waste Fund Postage 90.00
Check Total: 100.00
L. Joan Revak 15087 04/29/2016 Liquid Waste Fund Benefits Admin Costs 1,527.66
L. Joan Revak 15087 04/29/2016 Solid Waste Fund Benefits Admin Costs 169.74
Check Total: 1,697.40
South Coast AQMD 15088 04/29/2016 Liquid Waste Fund Sewer Maint-Equipment Maint 346.54
South Coast AQMD 15088 04/29/2016 Liquid Waste Fund Sewer Maint-Equipment Maint 121.44
Check Total: 467.98
Southern California Edison 15089 04/29/2016 Liquid Waste Fund Sewer Maint-Electric Pumps 447.63
Southern California Edison 15089 04/29/2016 Liquid Waste Fund Sewer Maint-Elec Bldg 27.32
Check Total: 474.95
Michael Scheafer 15090 04/29/2016 Liquid Waste Fund Board Development 15.55
Michael Scheafer 15090 04/29/2016 Solid Waste Fund Board Development 1.73
Check Total: 17.28
Securitas Security Service USA, Inc. 15091 04/29/2016 Solid Waste Fund Building Maintenance 11.20
Securitas Security Service USA, Inc. 15091 04/29/2016 Liquid Waste Fund Building Maintenance 100.80
Securitas Security Service USA, Inc. 15091 04/29/2016 Solid Waste Fund Building Maintenance 22.40
Securitas Security Service USA, Inc. 15091 04/29/2016 Liquid Waste Fund Building Maintenance 201.60
Securitas Security Service USA, Inc. 15091 04/29/2016 Liquid Waste Fund Building Maintenance 198.00
Securitas Security Service USA, Inc. 15091 04/29/2016 Solid Waste Fund Building Maintenance 22.00
Securitas Security Service USA, Inc. 15091 04/29/2016 Liquid Waste Fund Building Maintenance 198.00
Securitas Security Service USA, Inc. 15091 04/29/2016 Solid Waste Fund Building Maintenance 22.00
Securitas Security Service USA, Inc. 15091 04/29/2016 Liquid Waste Fund Building Maintenance 194.40
Securitas Security Service USA, Inc. 15091 04/29/2016 Solid Waste Fund Building Maintenance 21.60
Check Total: 992.00
Sparkletts 15092 04/29/2016 Liquid Waste Fund Sewer Maint-Office Supplies 26.32
Check Total: 26.32
Trendzitions 15093 04/29/2016 Liquid Waste Fund Capital Outlay 5,235.00
Trendzitions 15093 04/29/2016 Liquid Waste Fund Capital Outlay 9,387.50
AP-Checks for Approval (5/3/2016 - 9:11 AM)Page 17
Check Number Check Date Account Name Vendor NameFund Name Void Amount
Check Total: 14,622.50
VantagePoint Transfer Agents 15094 04/29/2016 Liquid Waste Fund Deferred Compensation - 457 2,140.42
Check Total: 2,140.42
VantagePoint Transfer Agents 15095 04/29/2016 Liquid Waste Fund Deferred Medical-RHS-Employee 923.32
Check Total: 923.32
Verizon Wireless 15096 04/29/2016 Liquid Waste Fund Sewer Maint-Telephone 312.18
Check Total: 312.18
Willdan Engineering 15097 04/29/2016 Solid Waste Fund Professional Services 739.07
Willdan Engineering 15097 04/29/2016 Liquid Waste Fund Professional Services 6,651.58
Check Total: 7,390.65
Report Total: 1,260,569.74
AP-Checks for Approval (5/3/2016 - 9:11 AM)Page 18
Vendors Descriptions Amount
Aaron Brother Framing, Mesa Water Proclamation 45.89
CM Chamber of Commerce Costa Mesa Chamber Breakfast ‐ Board of Directors (3) 45.00
Corner Bakery Lunch, Employee Appreciation Day 2/29/16 (18) 208.22
EB March Membership & Seminar ‐ Women Leading Government ‐ MAII 77.94
Home Depot Rags (20)/ Locks (5) 131.54
Home Depot Pump Station Parts 88.65
ICMA Webinar: Successful Council‐Manager Relationships 3/30/16 ‐ GM 149.00
Logicnow Control Antivirus 1 Year (5)49.75
Municipal Water District of OC Lunch, ISDOC Qtrly Mtg 3/31/16 ‐ Board of Director 17.00
Office Depot USB (3) 6.40
Panera Bread Monthly Meeting Refreshments 3/15/16 ‐ GM & Directors 36.64
Panera Bread Refreshments, Liaison Comm Mtg 3/25/16 ‐ City & Mesa Water 30.98
Residence Inn Lodging, CSDA Board Mtg 3/10‐3/11/16 ‐ Board of Director 183.25
Smart & Final Refreshments, Liaison Comm Mtg 3/25/16 ‐ City & Mesa Water 29.47
Smart & Final Refreshments Board Meeting 35.36
Smart & Final DY Paper Product 21.54
Southwest Flight Change, CSDA Board Mtg 3/31‐4/1/16 ‐ Board of Director 13.00
Southwest Air Travel, CSDA Board Mtg 4/14‐4/15/16 ‐ Board of Director 269.96
Southwest Air Travel, CSDA Board Planning Conference 6/14‐6/16/16 ‐ BofD 248.96
Umami Burger Lunch, LCW Workshop 3/2/16 ‐ MAII & District Clerk 44.73
United Air Travel, SWANA Symposium 4/11‐4/12/16 ‐ GM 222.20
CMSD Check No. 14998 1,955.48$
Bank of America Activity
Costa Mesa Sanitary District
April 2016
Costa Mesa Sanitary District
... an Independent Special District
Payroll Transparency Disclosure for April 2016
Item Number:7.
Recommendation/Notes:
Recommendation: That the Board of Directors approve and file.
ATTACHMENTS:
Description Type
Payroll Transparency Disclosure for April 2016 Cover Memo
Costa Mesa Sanitary District
... an Independent Special District
Directors’ Compensation and Reimbursement of Expenses
Item Number:8.
Recommendation/Notes:
Recommendation: That the Board of Directors approve the following:
a. Directors’ compensation for the month of April 2016; and
b. Directors’ reimbursement of expenses for the month of April 2016.
ATTACHMENTS:
Description Type
a. Director's Compensation Backup Material
b. Directors Expense Reimbursement Backup Material
Costa Mesa Sanitary District
... an Independent Special District
Sewer Lateral Assistance Program (SLAP) Update
Item Number:9.
Recommendation/Notes:
Recommendation: That the Board of Directors approve and file.
ATTACHMENTS:
Description Type
Sewer Lateral Assistance Program (SLAP) Update Cover Memo
Protecting our community's health and the environment by providing solid waste and sewer collection services.
www.cmsdca.gov
Costa Mesa Sanitary District
….an Independent Special District
Memorandum
To: Board of Directors
Via: Scott Carroll, General Manager
From: Wendy H. Davis, Finance Manager
Date: May 26, 2016
Subject: Sewer Lateral Assistance Program (SLAP) Update
Summary
The following is a summary of the Sewer Lateral Assistance Program (SLAP) activity
for the 2015-2016 fiscal year as of April 30, 2016:
Staff Recommendation That the Board of Directors receive and file this report.
Costa Mesa Sanitary District
... an Independent Special District
Investment Report for the Month of April 2016
Item Number:10.
Recommendation/Notes:
Recommendation: That the Board of Directors approves the Investment Report for the month
of April 2016.
ATTACHMENTS:
Description Type
Investment Report for the Month of April 2016 Cover Memo
Costa Mesa Sanitary District
…an Independent Special District
Protecting our community’s health and the environment by providing solid waste and sewer collection services.
www.cmsdca.gov
Memorandum
To: Board of Directors
From: Marc Davis, Treasurer
Date: May 26, 2016
Subject: Investment Report for the Month of April 2016
Summary
Attached is the Investment Report for the month of April 2016. As required by the District’s
Statement of Investment Policy, the Investment Report delineates all investment activity
during the month.
Staff Recommendation
Approve the Investment Report for the month of April 2016.
Analysis
This report lists the types of securities held in the District’s portfolio, the institutions from
which the securities were purchased, maturity dates and interest rates as of April 30, 2016.
The District’s investments are in compliance with the Statement of Investment Policy
adopted by the Board at the June 25, 2015 regular meeting, as well as the California
Government Code. The market values in this report were provided by our third party
custodian, Pershing, LLC, 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 April 30, 2016, was 1.092%. The yield to maturity of the portfolio was 1.096%.
The District’s weighted average interest rate was 57 basis points (0.567%) above the LAIF
average monthly rate for April 2016 of 0.525%. The weighted average number of days to
maturity for the District’s total portfolio was 734 days (2.01 years). The average duration of
the underlying securities in LAIF as of April 30, 2016 was 164 days.
Board of Directors
May 26, 2016
Page 2 of 2
The District’s investment portfolio is in compliance with its liquidity limitations, which requires
that a minimum of 20.00% of the portfolio must mature within one year. The percentage of
the portfolio maturing in less than one year as of April 30, 2016 was 39.01%. The District
has adequate cash reserves necessary to meet its obligations for the next six months.
Strategic Plan Element & Goal
This item supports achieving Strategic Element No. 7.0, Finances, by ensuring the short and
long-term fiscal health of the District.
Legal Review
Legal review is not required.
Environmental Review
Subject activity is exempt from the requirements of the California Environmental Quality Act
(CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows
an agency while establishing its own procedures “to list those specific activities which fall
within each of the exempt classes”, and the District has adopted “CEQA Guidelines and
Implementing Procedures” that state on page 6, “”Projects” does not include….C.
Continuing administrative or maintenance activities.”
Financial Review
The portfolio was budgeted to earn an average rate of 0.900% for the year ending June 30,
2016. Through April 30, 2016, the portfolio has earned a weighted average interest rate of
1.119%.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the
May 26, 2016 Board of Directors regular meeting at District Headquarters (628 W. 19th
Street) and on the District’s website at www.cmsdca.gov.
Alternative Actions
1. Refer the matter back to staff
Attachments
Treasurer’s Report of Pooled Cash and Investments as of April 30, 2016
`
Deposits Outstanding
Bank Balance In Transits Checks Book Balance
Active Accounts:
Bank of America 442,552.03$ - 472,370.91 (29,818.88)$
Total Active Accounts 442,552.03 - 472,370.91 (29,818.88)
Market Value Increase Decrease Cost
Investments:
Local Agency Investment Fund 7,749,030.75$ - - 7,749,030.75
Money Market/Sweep Account 940,545.16 - - 940,545.16
Negotiable Certificates of Deposit 3,104,003.55 20,101.05 - 3,083,902.50
Federal Agency Securities 11,983,625.70 7,180.70 - 11,976,445.00
Total Investments 23,777,205.16 27,281.75 - 23,749,923.41
Total Pooled Cash & Investments 24,219,757.19$ 27,281.75$ 472,370.91$ 23,720,104.53$
Solid Waste Fund:
Operating Reserve 1,720,000.00$
Unreserved:
Designated for revenue dry period 2,450,000.00
Undesignated 2,179,721.66
Liquid Waste Fund:
Operating Reserve 960,000.00
Reserved for Earthquakes/Emergencies 1,000,000.00
Reserved for Capital Outlay 4,960,800.00
Unreserved:
Designated for revenue dry period 2,337,500.00
Undesignated 1,085,833.03
Facilities Revolving Fund 771,064.46
Asset Replacement Fund 1,057,038.97
Asset Management Fund 5,198,146.41
Total Pooled Cash & Investments 23,720,104.53$
Market Adjustment
Treasurer
C O S T A M E S A S A N I T A R Y D I S T R I C T
Treasurer's Report of Pooled Cash and Investments
April 30, 2016
DateMarcus D. Davis
Costa Mesa Sanitary District
Pooled Cash and Investments by Fund
April 30, 2016
5/18/16
1
Total investments outstanding as of March 31, 2016 20,839,771.41$
Additions:
Investment purchases:
None -
Total investment purchases -
Deductions:
Investments matured:
None -
Total investments matured -
Investments called:
None -
Total investments called -
Total deductions -
Net increase (decrease) in Sweep Account 3,962.50
Net increase (decrease) in LAIF 2,906,189.50
Total investments outstanding as of April 30, 2016 23,749,923.41$
C O S T A M E S A S A N I T A R Y D I S T R I C T
Investment Activity Summary
April 30, 2016
2
Interest
CUSIP Purchase Maturity Coupon Investment Earned at
Number Investment Date Date Rate Cost 04/30/16
n/a Local Agency Investment Fund n/a n/a 0.525%7,749,030.75$ n/a **
n/a Pershing-Sweep Acct n/a n/a 0.000%940,545.16 n/a
3135G0RQ8 Federal National Mortgage Assn 11/15/12 11/15/17 1.000%1,000,000.00 4,583.33
313382HR7 Federal Home Loan Bank 03/27/13 03/27/18 1.130%1,000,000.00 1,035.83
3136G1L31 Federal National Mortgage Assn 05/15/13 05/15/17 0.700%1,000,000.00 3,208.33
87165FAC8 Synchrony Bank Retail CTF Dep 06/06/14 06/06/19 2.000%99,500.00 789.04
06740KGY7 Barclays Bank Retail CTF Dep 07/02/14 07/05/16 0.650%99,825.00 211.92
795450VP7 Sallie Mae Bank CTF Dep 12/25/14 12/12/16 1.050%125,000.00 510.62
38148JGK1 Goldman Sachs Bank USA CTF Dep 01/07/15 01/07/19 1.900%200,000.00 1,186.85
02587DXL7 American Exp Centurion CTF Dep 05/01/15 05/01/17 0.900%199,700.00 -
29976DXK1 Everbank Jacksonville FLA CTF Dep 05/28/15 05/27/16 0.450%200,000.00 833.42
140420SW1 Capital One Bank CTF Dep 07/01/15 07/01/19 1.950%245,000.00 1,570.68
254672QY7 Discover Bank CTF Dep 07/01/15 07/01/20 2.300%245,000.00 1,852.60
3130A5TW9 Federal Home Loan Bank 07/27/15 07/27/20 2.000%1,000,000.00 5,166.67
20451PMU7 Compass Bank CTF Dep 08/07/15 07/31/17 1.300%200,000.00 641.10
02006LTZ6 Ally Bank CTF Dep 09/17/15 09/17/18 1.650%245,000.00 487.32
3133EFJQ1 Federal Farm Credit Bank 10/15/15 10/15/19 1.440%1,000,000.00 600.00
3133EFKA4 Federal Farm Credit Bank 10/19/15 01/14/20 1.500%499,875.00 2,208.33
05580ADA9 BMW Bank CTF Dep 10/21/15 10/16/17 1.150%244,877.50 108.07
3136G2QA8 Federal National Mortgage Assn 10/27/15 10/27/20 1.470%250,000.00 30.63
3133EFMG9 Federal Farm Credit Bank 10/29/15 10/29/20 1.680%1,000,000.00 46.67
3133EFNM5 Federal Farm Credit Bank 11/09/15 11/09/20 1.800%500,000.00 4,275.00
3133EFPM3 Federal Farm Credit Bank 11/23/15 11/23/20 1.875%1,000,000.00 8,177.08
3136G2TV9 Federal National Mortgage Assn 11/23/15 11/20/20 1.850%429,570.00 3,535.56
3136G2T72 Federal National Mortgage Assn 11/25/15 11/25/20 1.700%997,000.00 7,319.44
066519BB4 BankUnited CTF Dep 11/30/15 11/30/18 1.450%245,000.00 1,479.40
27113PAW1 East Boston Savings Bank CTF Dep 12/18/15 04/18/17 1.000%150,000.00 49.32
9497483K1 Wells Fargo CTF Dep 02/12/16 02/12/18 1.150%140,000.00 79.40
3134G8KL2 Federal Home Loan Mortgage Corp 02/26/16 02/26/19 1.300%300,000.00 693.33
48125YJ21 JP Morgan Chase Bank CTF Dep 03/22/16 03/22/18 1.000%200,000.00 213.70
3134G8NS4 Federal Home Loan Mortgage Corp 03/29/16 03/29/19 1.400%1,000,000.00 1,205.56
3134G8VN6 Federal Home Loan Mortgage Corp 03/30/16 03/29/21 1.600%1,000,000.00 1,377.78
05581WEQ4 BMO Harris Bank CTF Dep 03/30/16 03/29/18 1.050%245,000.00 218.49
Totals 23,749,923.41$ 53,695.47$
**Represents the LAIF monthly rate for April 2016
Comments
COSTA MESA SANITARY DISTRICT
Investment and Investment Earnings
April 30, 2016
3
Current %
of Market Value
03/31/16 Maximum %
U.S. Treasury Bills 0.00%Unlimited
U.S. Treasury Notes 0.00%Unlimited
Federal Agency Issues:
FICB 0.00%Unlimited
FLB 0.00%Unlimited
FHLB 8.43%Unlimited
FHLMC 9.67%Unlimited
FNMA 15.49%Unlimited
FFCB 16.82%Unlimited
Other *0.00%Unlimited
Banker's Acceptances 0.00%25% (1)
Certificates of Deposit 0.00%25%
Negotiable Certificates of Deposits 13.05%25% (1)
Commercial Paper 0.00%25% (1)
Medium Term Corporate Notes 0.00%20% (1)
LAIF (Local Agency Investment Fund)32.59%40,000,000
Shares of Benefical Interest 0.00%20%
Money Market/Mutual Funds (Sweep Acct)3.96%10% per fund (2)
Total 100.00%
% of portfolio maturing under one year 39.01%no less than 20%
% of portfolio maturing over one year 60.99%
100.00%
(1) Further limited to 10% in any single issuer
(2) Also limited to 20% in total.
*These securities are not considered for purchases: SBA, GNMA, TVA and SALLIEMAE
COSTA MESA SANITARY DISTRICT
Summary of Policy Limitations
April 30, 2016
Description
4
Purchase Maturity Coupon Investment % of Market % of
Description Broker/Dealer Date Date Rate Cost Portfolio Value Portfolio Comments
State Treasurer's Pool LAIF n/a Continuous 0.525%**7,749,030.75$ 7,749,030.75$ Pool
Total State Treasurer's Pool 7,749,030.75 32.63%7,749,030.75 32.59%
Money Market/Sweep Account Pershing n/a Continuous 0.000%940,545.16 940,545.16 Sweep
Total Money Market/Sweep Account 940,545.16 3.96%940,545.16 3.96%
Federal Home Loan Mortgage Corp Multi-Bank Securities 02/26/16 02/26/19 1.300%300,000.00 300,054.00 FHLMC
Federal Home Loan Mortgage Corp Multi-Bank Securities 03/29/16 03/29/19 1.400%1,000,000.00 1,000,060.00 FHLMCFederal Home Loan Mortgage Corp Multi-Bank Securities 03/30/16 03/29/21 1.600%1,000,000.00 999,390.00 FHLMC
Total Federal Home Loan Mortgage Corp 2,300,000.00 9.68%2,299,504.00 9.67%
Federal Home Loan Bank E.J. De La Rosa 03/27/13 03/27/18 1.130%1,000,000.00 1,000,140.00 FHLBFederal Home Loan Bank Multi-Bank Securities 07/27/15 07/27/20 2.000%1,000,000.00 1,003,250.00 FHLB
Total Federal Home Loan Bank 2,000,000.00 8.42%2,003,390.00 8.43%
Federal National Mortgage Association E.J. De La Rosa 11/15/12 11/15/17 1.000%1,000,000.00 1,000,030.00 FNMA
Federal National Mortgage Association Union Banc 05/15/13 05/15/17 0.700%1,000,000.00 999,980.00 FNMA
Federal National Mortgage Association Multi-Bank Securities 10/27/15 10/20/15 1.470%250,000.00 250,125.00 FNMA
Federal National Mortgage Association Multi-Bank Securities 11/23/15 11/20/20 1.850%429,570.00 430,081.70 FNMA
Federal National Mortgage Association Multi-Bank Securities 11/25/15 11/25/20 1.700%997,000.00 1,001,920.00 FNMA
Total Federal National Mortgage Association 3,676,570.00 15.48%3,682,136.70 15.49%
Federal Farm Credit Bank Multi-Bank Securities 10/15/15 10/15/19 1.440%1,000,000.00 1,000,010.00 FFCB
Federal Farm Credit Bank Multi-Bank Securities 10/19/15 01/14/20 1.500%499,875.00 500,000.00 FFCB
Federal Farm Credit Bank Multi-Bank Securities 10/29/15 10/29/20 1.680%1,000,000.00 996,150.00 FFCB
Federal Farm Credit Bank Multi-Bank Securities 11/09/15 11/09/20 1.800%500,000.00 500,425.00 FFCBFederal Farm Credit Bank Multi-Bank Securities 11/23/15 11/23/20 1.875%1,000,000.00 1,002,010.00 FFCB
Total Federal Farm Credit Bank 3,999,875.00 16.84%3,998,595.00 16.82%
Synchrony Bank Retail Certificate of Deposit Multi-Bank Securities 06/06/14 06/06/19 2.000%99,500.00 101,746.00 Negotiable CD
Barclays Bank Retail Certificate of Deposit Multi-Bank Securities 07/02/14 07/05/16 0.650%99,825.00 100,044.00 Negotiable CD
Sallie Mae Bank CTF Dep Multi-Bank Securities 12/25/14 12/12/16 1.050%125,000.00 125,223.75 Negotiable CD
Goldman Sachs Bk CTF Dep Multi-Bank Securities 01/07/15 01/07/19 1.900%200,000.00 202,050.00 Negotiable CD
American Exp Centurion CTF Dep Multi-Bank Securities 05/01/15 05/01/17 0.900%199,700.00 200,292.00 Negotiable CD
Everbank Jacksonville FLA CTF Dep Multi-Bank Securities 05/28/15 05/27/16 0.450%200,000.00 200,006.00 Negotiable CD
Capital One Bank CTF Dep Multi-Bank Securities 07/01/15 07/01/19 1.950%245,000.00 247,599.45 Negotiable CD
Discover Bank CTF Dep Multi-Bank Securities 07/01/15 07/01/20 2.300%245,000.00 249,628.05 Negotiable CD
Compass Bank CTF Dep Multi-Bank Securities 08/07/15 07/31/17 1.300%200,000.00 200,586.00 Negotiable CD
Ally Bank CTF Dep Multi-Bank Securities 09/17/15 09/17/18 1.650%245,000.00 247,646.00 Negotiable CD
BMW Bank CTF Dep Multi-Bank Securities 10/21/15 10/16/17 1.150%244,877.50 245,896.70 Negotiable CD
BankUnited CTF Dep Multi-Bank Securities 11/30/15 11/30/18 1.450%245,000.00 247,315.25 Negotiable CD
East Boston Savings Bank CTF Dep Multi-Bank Securities 12/18/15 04/18/17 1.000%150,000.00 150,054.00 Negotiable CD
Wells Fargo CTF Dep Multi-Bank Securities 02/12/16 02/12/18 1.150%140,000.00 140,550.20 Negotiable CD
JP Morgan Chase Bank CTF Dep Multi-Bank Securities 03/22/16 03/22/18 1.000%200,000.00 200,300.00 Negotiable CD
BMO Harris Bank CTF Dep Multi-Bank Securities 03/30/16 03/29/18 1.050%245,000.00 245,066.15 Negotiable CD
Total Negotiable Certificates of Deposit 3,083,902.50 12.98%3,104,003.55 13.05%
Total Investments 23,749,923.41$ 100.00%23,777,205.16$ 100.00%
**Represents the LAIF monthly rate for April 2016
COSTA MESA SANITARY DISTRICT
Schedule of Investments by Instrument Type
April 30, 2016
5
Investment Purchase Maturity Days to Coupon Yield to Investment
Broker/Dealer Type Date Date Maturity Rate Maturity Cost
Local Agency Investment Fund Pool 1 0.525%**0.525%7,749,030.75$
Pershing-Sweep Acct Sweep 1 0.000%0.000%940,545.16
Multi-Bank Securities Negotiable CD 05/28/15 05/27/16 27 0.450%0.450%200,000.00
Multi-Bank Securities Negotiable CD 07/02/14 07/05/16 66 0.650%0.650%99,825.00
Multi-Bank Securities Negotiable CD 12/25/14 12/12/16 226 1.050%1.050%125,000.00
Multi-Bank Securities Negotiable CD 12/18/15 04/18/17 353 1.000%1.000%150,000.00
Multi-Bank Securities Negotiable CD 05/01/15 05/01/17 366 0.900%0.900%199,700.00
UnionBanc FNMA 05/15/13 05/15/17 380 0.700%0.700%1,000,000.00
Multi-Bank Securities Negotiable CD 08/07/15 07/31/17 457 1.300%1.300%200,000.00
Multi-Bank Securities Negotiable CD 10/21/15 10/16/17 534 1.150%1.176%244,877.50
E.J. De La Rosa FNMA 11/15/12 11/15/17 564 1.000%1.000%1,000,000.00
Multi-Bank Securities Negotiable CD 02/12/16 02/12/18 653 1.150%1.150%140,000.00
Multi-Bank Securities Negotiable CD 03/22/16 03/22/18 691 1.000%1.000%200,000.00
E.J. De La Rosa FHLB 03/27/13 03/27/18 696 1.130%1.130%1,000,000.00
Multi-Bank Securities Negotiable CD 03/30/16 03/29/18 698 1.050%1.050%245,000.00
Multi-Bank Securities Negotiable CD 09/17/15 09/17/18 870 1.650%1.650%245,000.00
Multi-Bank Securities Negotiable CD 11/30/15 11/30/18 944 1.450%1.450%245,000.00
Multi-Bank Securities Negotiable CD 01/07/15 01/07/19 982 1.900%1.900%200,000.00
Multi-Bank Securities FHLMC 02/26/16 02/26/19 1,032 1.300%1.300%300,000.00
Multi-Bank Securities FHLMC 03/29/16 03/29/19 1,063 1.400%1.400%1,000,000.00
Multi-Bank Securities Negotiable CD 06/06/14 06/06/19 1,132 2.000%2.106%99,500.00
Multi-Bank Securities Negotiable CD 07/01/15 07/01/19 1,157 1.950%1.950%245,000.00
Multi-Bank Securities FFCB 10/15/15 10/15/19 1,263 1.440%1.440%1,000,000.00
Multi-Bank Securities FFCB 10/19/15 01/14/20 1,354 1.500%1.506%499,875.00
Multi-Bank Securities Negotiable CD 07/01/15 07/01/20 1,523 2.300%2.300%245,000.00
Multi-Bank Securities FHLB 07/27/15 07/27/20 1,549 2.000%2.000%1,000,000.00
Multi-Bank Securities FNMA 10/27/15 10/27/20 1,641 1.470%1.470%250,000.00
Multi-Bank Securities FFCB 10/29/15 10/29/20 1,643 1.680%1.680%1,000,000.00
Multi-Bank Securities FFCB 11/09/15 11/09/20 1,654 1.800%1.800%500,000.00
Multi-Bank Securities FNMA 11/23/15 11/20/20 1,665 1.850%1.871%429,570.00
Multi-Bank Securities FFCB 11/23/15 11/23/20 1,668 1.875%1.875%1,000,000.00
Multi-Bank Securities FNMA 11/25/15 11/25/20 1,670 1.700%1.763%997,000.00
Multi-Bank Securities FHLMC 03/30/16 03/29/21 1,794 1.600%1.600%1,000,000.00
Total Investment Portfolio 23,749,923.41$
Total Portfolio
Weighted Avg Interest Rate 1.092 %
Weighted Avg Yield to Maturity 1.096 %
Weighted Avg Days to Maturity 734 Days 2.01 Years
**Represents the LAIF monthly rate for April 2016
COSTA MESA SANITARY DISTRICT
Investment Portfolio
April 30, 2016
6
Net
Purchase Maturity Intuition Investment Coupon Investment Market Accrued Gain/(Loss)
Date Date Broker/Dealer Type Par Rate Cost Value Interest If Sold
n/a Continuous LAIF Pool 7,749,030.75$ 0.525%**7,749,030.75 7,749,030.75 - -
n/a Continuous Pershing Sweep 940,545.16 0.000%940,545.16 940,545.16 - -
11/15/12 11/15/17 E.J. De La Rosa FNMA 1,000,000.00 1.000%1,000,000.00 1,000,030.00 4,583.33 30.00
03/27/13 03/27/18 E.J. De La Rosa FHLB 1,000,000.00 1.130%1,000,000.00 1,000,140.00 1,035.83 140.00
05/15/13 05/15/17 UnionBanc FNMA 1,000,000.00 0.700%1,000,000.00 999,980.00 3,208.33 (20.00)
06/06/14 06/06/19 Multi-Bank Securities Negotiable CD 100,000.00 2.000%99,500.00 101,746.00 789.04 2,246.00
07/02/14 07/05/16 Multi-Bank Securities Negotiable CD 100,000.00 0.650%99,825.00 100,044.00 211.92 219.00
12/25/14 12/12/16 Multi-Bank Securities Negotiable CD 125,000.00 1.050%125,000.00 125,223.75 510.62 223.75
01/07/15 01/07/19 Multi-Bank Securities Negotiable CD 200,000.00 1.900%200,000.00 202,050.00 1,186.85 2,050.00
05/01/15 05/01/17 Multi-Bank Securities Negotiable CD 200,000.00 0.900%199,700.00 200,292.00 - 592.00
05/28/15 05/27/16 Multi-Bank Securities Negotiable CD 200,000.00 0.450%200,000.00 200,006.00 833.42 6.00
07/01/15 07/01/19 Multi-Bank Securities Negotiable CD 245,000.00 1.950%245,000.00 247,599.45 1,570.68 2,599.45
07/01/15 07/01/20 Multi-Bank Securities Negotiable CD 245,000.00 2.300%245,000.00 249,628.05 1,852.60 4,628.05
07/27/15 07/27/20 Multi-Bank Securities FHLB 1,000,000.00 2.000%1,000,000.00 1,003,250.00 5,166.67 3,250.00
08/07/15 07/31/17 Multi-Bank Securities Negotiable CD 200,000.00 1.300%200,000.00 200,586.00 641.10 586.00
09/17/15 09/17/18 Multi-Bank Securities Negotiable CD 245,000.00 1.650%245,000.00 247,646.00 487.32 2,646.00
10/15/15 10/19/15 Multi-Bank Securities FFCB 1,000,000.00 1.440%1,000,000.00 1,000,010.00 600.00 10.00
10/19/15 01/14/20 Multi-Bank Securities FFCB 500,000.00 1.500%499,875.00 500,000.00 2,208.33 125.00
10/21/15 10/16/17 Multi-Bank Securities Negotiable CD 245,000.00 1.150%244,877.50 245,896.70 108.07 1,019.20
10/27/15 10/27/20 Multi-Bank Securities FNMA 250,000.00 1.470%250,000.00 250,125.00 30.63 125.00
10/29/15 10/29/20 Multi-Bank Securities FFCB 1,000,000.00 1.680%1,000,000.00 996,150.00 46.67 (3,850.00)
11/09/15 11/09/20 Multi-Bank Securities FFCB 500,000.00 1.800%500,000.00 500,425.00 4,275.00 425.00
11/23/15 11/23/20 Multi-Bank Securities FFCB 1,000,000.00 1.875%1,000,000.00 1,002,010.00 8,177.08 2,010.00
11/23/15 11/20/20 Multi-Bank Securities FNMA 430,000.00 1.850%429,570.00 430,081.70 3,535.56 511.70
11/25/15 11/25/20 Multi-Bank Securities FNMA 1,000,000.00 1.700%997,000.00 1,001,920.00 7,319.44 4,920.00
11/30/15 11/30/18 Multi-Bank Securities Negotiable CD 245,000.00 1.450%245,000.00 247,315.25 1,479.40 2,315.25
12/18/15 04/18/17 Multi-Bank Securities Negotiable CD 150,000.00 1.000%150,000.00 150,054.00 49.32 54.00
02/12/16 02/12/18 Multi-Bank Securities Negotiable CD 140,000.00 1.150%140,000.00 140,550.20 79.40 550.20
02/26/16 02/26/19 Multi-Bank Securities FHLMC 300,000.00 1.300%300,000.00 300,054.00 693.33 54.00
03/22/16 03/22/18 Multi-Bank Securities Negotiable CD 200,000.00 1.000%200,000.00 200,300.00 213.70 300.00
03/29/16 03/29/19 Multi-Bank Securities FHLMC 1,000,000.00 1.400%1,000,000.00 1,000,060.00 1,205.56 60.00
03/30/16 03/29/21 Multi-Bank Securities FHLMC 1,000,000.00 1.600%1,000,000.00 999,390.00 1,377.78 (610.00)
03/30/16 03/29/18 Multi-Bank Securities Negotiable CD 245,000.00 1.050%245,000.00 245,066.15 218.49 66.15
Total Investments 23,754,575.91$ 23,749,923.41 23,777,205.16 53,695.47 27,281.75
**Represents the LAIF monthly rate for April 2016
C O S T A M E S A S A N I T A R Y D I S T R I C T
For all Maturities with Market Values
April 30, 2016
7
Type of Purchase Maturity Coupon Investment
Investment Date Date Rate Par Value Cost
FNMA 11/15/12 11/15/17 1.000%1,000,000.00 1,000,000.00 Callable 5/15/13 w/10 days notice, thereafter 8,11,2,5
FHLB 03/27/13 03/27/18 1.130%1,000,000.00 1,000,000.00 Callable 3/27/15, w/5 days notice, thereafter 3,6,9,12
FNMA 05/15/13 05/15/17 0.700%1,000,000.00 1,000,000.00 Callable 5/15/14 w/10 days notice, quarterly thereafter
Negotiable CD 06/06/14 06/06/19 2.000%100,000.00 99,500.00 None
Negotiable CD 07/02/14 07/05/16 0.650%100,000.00 99,825.00 None
Negotiable CD 12/25/14 12/12/16 1.050%125,000.00 125,000.00 None
Negotiable CD 01/07/15 01/07/19 1.900%200,000.00 200,000.00 None
Negotiable CD 05/01/15 05/01/17 0.900%200,000.00 199,700.00 None
Negotiable CD 05/28/15 05/27/16 0.450%200,000.00 200,000.00 None
Negotiable CD 07/01/15 07/01/19 1.950%245,000.00 245,000.00 None
Negotiable CD 07/01/15 07/01/20 2.300%245,000.00 245,000.00 None
FHLB 07/27/15 07/27/20 2.000%1,000,000.00 1,000,000.00 Callable 7/27/16 w/5 days notice, quarterly thereafter
Negotiable CD 08/07/15 07/31/17 1.300%200,000.00 200,000.00 None
Negotiable CD 09/17/15 09/17/18 1.650%245,000.00 245,000.00 None
FFCB 10/15/15 10/15/19 1.440%1,000,000.00 1,000,000.00 Callable 1/15/16 w/5 days notice, anytime thereafter
FFCB 10/19/15 01/14/20 1.500%500,000.00 499,875.00 Callable 1/14/16 w/5 days notice, anytime thereafter
Negotiable CD 10/21/15 10/17/15 1.150%245,000.00 244,877.50 None
FNMA 10/27/15 10/27/20 1.470%250,000.00 250,000.00 Callable 10/27/16
FFCB 10/29/15 10/29/20 1.680%1,000,000.00 1,000,000.00 Callable 1/29/16 w/5 days notice, anytime thereafter
FFCB 11/09/15 11/09/20 1.800%500,000.00 500,000.00 Callable 11/9/16 w/5 days notice, anytime thereafter
FFCB 11/23/15 11/23/20 1.875%1,000,000.00 1,000,000.00 Callable 11/23/16 w/5 days notice, anytime thereafter
FNMA 11/23/15 11/20/20 1.850%430,000.00 429,570.00 Callable 5/20/16, one time only
FNMA 11/25/15 11/25/20 1.700%1,000,000.00 997,000.00 Callable 11/25/16, one time only
Negotiable CD 11/30/15 11/30/18 1.450%245,000.00 245,000.00 None
Negotiable CD 12/18/15 04/18/17 1.000%150,000.00 150,000.00 None
Negotiable CD 02/12/16 02/12/18 1.150%140,000.00 140,000.00 None
FHLMC 02/26/16 02/26/19 1.300%300,000.00 300,000.00 Callable 5/26/16, one time only
Negotiable CD 03/22/16 03/22/18 1.000%200,000.00 200,000.00 None
FHLMC 03/29/16 03/29/19 1.400%1,000,000.00 1,000,000.00 Callable 6/29/16, one time only
FHLMC 03/30/16 03/29/21 1.600%1,000,000.00 1,000,000.00 Callable 3/29/18, one time only
Negotiable CD 03/30/16 03/29/18 1.050%245,000.00 245,000.00 None
Totals 15,065,000.00$ 15,060,347.50$
COSTA MESA SANITARY DISTRICT
Call Schedule
April 30, 2016
Call Features
8
Cost
50,136.76 In Thousands
1 - 180 Days 8,989$
181 - 365 Days 275
1 - 2 Years 4,230
##########
6,562.50 2 - 3 Years 1,990
##########3 - 4 Years 1,844
4 - 5 Years 6,422
TOTAL 23,750$
COSTA MESA SANITARY DISTRICT
MATURITIES DISTRIBUTION
April 30, 2016
0%
10%
20%
30%
40%
50%
60%
70%
1 - 180
Days
181 - 365
Days
1 - 2
Years
2 - 3
Years
3 - 4
Years
4 - 5
Years
0 0 0 0 0 0
37.85%
1.16%
17.81%
8.38%7.76%
27.04%
9
Costa Mesa Sanitary District
Portfolio Interest Rate Information
as of April 30, 2016
0.00%
0.20%
0.40%
0.60%
0.80%
1.00%
1.20%
1.40%
1.60%
1.80%
2.00%
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
10
Costa Mesa Sanitary District
... an Independent Special District
Resolution No. 2016-881
Item Number:11.
Recommendation/Notes:
Recommendation: That the Board of Directors adopt Resolution No. 2016-881 ordering that
publication of Ordinance No. 112 revising the District’s requirements for sewer permits has
occurred.
ATTACHMENTS:
Description Type
Resolution No. 2016-881 Cover Memo
RESOLUTION NO. 2016-881
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT ORDERING THAT PUBLICATION OF ORDINANCE NO. 112 REVISING ITS REQUIREMENTS FOR SEWER
PERMITS HAS OCCURRED
WHEREAS, the Board of Directors on March 24, 2016 adopted Ordinance No. 112 revising its requirements for sewer permits;
WHEREAS, that Ordinance was published in the Newport Beach/Costa Mesa
Daily Pilot on May 21, 2016, and
WHEREAS, Health and Safety Code Section 6490 provides that an order of the
Board that publication has occurred is conclusive evidence that publication has properly
been made;
NOW, THEREFORE, the Board of Directors does hereby resolve:
That it is hereby ordered and decreed that publication of Ordinance No. 112
revising its requirements for sewer permits has occurred.
PASSED and ADOPTED on this day of 2016.
_______________________________ _______________________________
Secretary, Costa Mesa Sanitary District President, Costa Mesa Sanitary District
Board of Directors Board of Directors
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, NOELANI MIDDENWAY, Clerk of the Costa Mesa Sanitary District, hereby
certify that the above and foregoing Resolution No. 2016-881 was duly and regularly passed and adopted by said Board of Directors at a regular meeting thereof, held on the day of 2016 by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
the Costa Mesa Sanitary District, this ____ day of ___________________ 2016.
_________________________________
Noelani Middenway
Clerk of the Costa Mesa Sanitary District
Product(s): Daily Pilot, dailypilot.com, CApublicnotice.com_DP
AdSize(s):2 Column,
Run Date(s):Saturday, May 21, 2016
Color Spec.B/W
Preview
Order ID:4198820
Page 1 of 4
5/19/2016 8:08:50 AMPrinted:
GROSS PRICE * :$331.75
* Agency Commission not included
Legal-DP-NoticesPACKAGE NAME:
Order ID:4198820
Page 2 of 4
5/19/2016 8:08:50 AMPrinted:
GROSS PRICE * :$331.75
* Agency Commission not included
Legal-DP-NoticesPACKAGE NAME:
Order ID:4198820
Page 3 of 4
5/19/2016 8:08:50 AMPrinted:
GROSS PRICE * :$331.75
* Agency Commission not included
Legal-DP-NoticesPACKAGE NAME:
Order ID:4198820
Page 4 of 4
5/19/2016 8:08:50 AMPrinted:
GROSS PRICE * :$331.75
* Agency Commission not included
Legal-DP-NoticesPACKAGE NAME:
Costa Mesa Sanitary District
... an Independent Special District
Ordinance No. 114 – Adopting a Revised Operations Code
Item Number:12.
Recommendation/Notes:
Recommendation: That the Board of Directors adopt Ordinance No. 114 revising the District’s
Operations Code.
ATTACHMENTS:
Description Type
Ordinance No. 114 – Adopting a Revised Operations Code Cover Memo
Protecting our community's health and the environment by providing solid waste and sewer collection services.
www.cmsdca.gov
Costa Mesa Sanitary District
….an Independent Special District
Memorandum
To: Board of Directors
From: Scott Carroll, General Manager
Date: May 26, 2016
Subject: Ordinance No. 114 – Adopting a Revised Operations Code
Summary
The Board of Directors established an ad hoc committee to review the District’s
Operations Code and suggest changes, if necessary. The Board appointed Vice
President Perry and Assistant Secretary Schafer to serve on the committee and then
report back with their findings and/or recommendations.
Staff Recommendation
That the Board of Directors adopts Ordinance No. 114 revising the District’s Operations
Code.
Analysis
The Operations Code are local laws adopted by the Board of Directors and it’s these
codes that govern CMSD. The Operations Code applies to staff, the Board of Directors
and CMSD residents. On May 10, 2016 the ad hoc committee reported their findings
and recommendations for revising the Operations Code. In addition, the Board has
adopted ordinances in the past year regarding Board compensation, bidding
exemptions, insurance, Fats Oil Grease Program, and defining curbside.
Therefore, adopting a comprehensive revision of the Operations Code is necessary.
Ordinance No. 114, which is attached hereto, will do just that. Attachment B is a copy
of the revised Operations Code that include track changes so the public can see where
the changes were made.
Strategic Plan Element & Goal
This item complies with the objective and strategy of Strategic Element No. 5,
Administrative Management, which states:
Board of Directors
May 26, 2016
Page 2 of 2
“Objective: To create, maintain and implement policies and procedures to ensure
sound and transparent management of the District.”
“Strategy: We will conduct periodic reviews, refine and implement policies and
procedures, and ensure the General Manager has the direction and tools necessary for
successful District operations.”
Legal Review
District Counsel has reviewed and commented on the Operations Code and he has
reviewed and approved the attached ordinance.
Environmental Review
Revising subject documents is an administrative matter and is categorically exempt
under the California Environmental Quality Act (CEQA) (Public Resources Code Section
21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own
procedures “to list those specific activities which fall within each of the exempt classes”,
and the District has adopted “CEQA Guidelines and Implementing Procedures” that state
on page 6 “”Projects” does not include …. C. Continuing administrative or maintenance
activities.”
Financial Review
There are not financial impacts to the District for reviewing and updating District policies
and procedures.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet for
the May 26, 2016 Board of Directors regular meeting at District Headquarters and posted
on the District’s website.
Alternative Actions
1. Direct staff to report back with more information.
Attachments A: Ordinance No. 114
B: Operations Code
ORDINANCE NO. 114
AN ORDINANCE OF THE COSTA MESA SANITARY DISTRICT ADOPTING A
REVISED OPERATIONS CODE
WHEREAS, the Board of Directors of the Costa Mesa Sanitary District has
previously codified its ordinances into an Operations Code; and
WHEREAS, the Board of Directors has recently adopted new ordinances
pertaining to Board compensation, bidding exemptions, and clarifying “curbside” service
for purposes of its solid waste franchise; and
WHEREAS, the Board of Directors does hereby desire to make changes to its
Fats, Oils and Grease regulations and desires to clarify other bidding exemptions; and
WHEREAS, the Board of Directors does also want to make other minor
housekeeping corrections at this time; and
WHEREAS, the Board of Directors ad hoc committee has finished reviewing the
Operations Code and a comprehensive revision to the Operations Code is therefore
warranted at this time.
NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary District
does hereby ORDAIN as follows:
Section 1. That the attached Exhibit "A" entitled "Operations Code" is adopted as
the District's Operations Code and supersedes previous versions.
Section 2. Should any part, clause or section of this Ordinance be declared by any
Court of competent jurisdiction to be invalid, the remaining provisions of this Ordinance
shall nevertheless be and remain in full force and effect and the Board of Directors of the
Costa Mesa Sanitary District of Orange County, California, hereby declares that each and
every section, clause, provision or part of this Ordinance would have been adopted and
made a part of this Ordinance without the adoption of any portion thereof and that the
invalidity of any part or provision hereof shall not in any way affect the validity or
enforcement of the remaining provisions of this Ordinance that may stand on their own.
Section 3. Pursuant to Health and Safety Code Sections 6490 and 6491. 3, the
District Clerk shall cause this ordinance or a summary thereof to be published in a
newspaper of general circulation printed and published in the District according to law.
PASSED and ADOPTED this 26th day of May, 2016.
Ordinance No. 114
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, Noelani Middenway, Clerk of the Costa Mesa Sanitary District, hereby certify that
the above and foregoing Ordinance No. 114 was duly and regularly passed and adopted
by said Board of Directors on the 26th day of May, 2016.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
Costa Mesa Sanitary District, this 26th day of May, 2016.
_________________________________
Noelani Middenway
Clerk of the Costa Mesa Sanitary District
[1]
OPERATIONS CODE
Title 1
Chapter 1.01- General Provisions
Section 1.01.010. Authority. The Costa Mesa Sanitary District was established
pursuant to the authority of Health and Safety Code Section 6400 et seq. This Operations
Code, and any amendments thereto, are adopted as an ordinance/general regulation
pursuant to the authority provided by Health and Safety Code Section 6490. (Ord. 30, 1999)
Section 1.01.020. Ordinances. Pursuant to the authority of Health and Safety Code
Sections 6522.1-6523 the terms "general regulation" and "ordinance" shall be synonymous.
(Ord. 30, 1999)
Section 1.01.030. Effect. The intent of this ordinance is to codify in a
comprehensive manner all existing District regulations that pertain to the ongoing operation
of the District so that District staff and the public shall have a useful reference for the District's
laws. This Operations Code does not specifically repeal any previous ordinance. (Ord. 30,
1999)
Chapter 1.02 - General Penalty
Section 1.02.010. Penalty. Any person, firm, or corporation violating the penal
provisions of this ordinance shall be guilty of a misdemeanor and punishable by a fine of up
to one-thousand dollars per day and/or up to six months in jail. (Ord. 28, 1997)
Chapter 1.03 - Citation Authority
Section 1.03.010. Authority of Public Officers And Employees To Make
Arrests. The following designated persons shall have the power to arrest persons for
misdemeanor violations of the District's General Regulations whenever the officer or
employee has reasonable cause to believe that the person has committed the offense in his
or her presence: Any person designated as a District Ordinance Enforcement Officer.
(Ord. 28, 1997)
Section 1.03.020. Citation Procedure. (a) If any person is arrested for
misdemeanor violation of this title, and such person is not taken before a magistrate as is
more fully set forth in the California Penal Code Section 853.6 or successor statue, the
arresting officer shall prepare in triplicate a written notice to appear in court containing the
name and address of such person, the offense charged, and the time and place where and
when such person shall appear in court.
(b) The time specified in the notice to appear shall not be less than ten days after
such arrest.
(c) The place specified in the notice to appear shall be either:
[2]
(1) Before a judge of the municipal court in the judicial district in which the offense
is alleged to have been committed; or
(2) Before an officer authorized to receive a deposit of bail.
(d) The officer shall deliver one copy of the notice to appear to the arrested person,
and the arrested person, in order to secure release, must give his /her written promise to
appear in court by signing the triplicate notice, which shall be retained by the officer. The
officer may require the arrested person, if the arrested person has no satisfactory
identification, to provide a fingerprint in accordance with the procedures set forth in the Penal
Code. Such print shall not be used to create a data base.
(e) The officer shall, as soon as practicable, file a duplicate notice with the
magistrate specified in such notice. The defendant may, prior to the date upon which the
defendant promised to appear in court, deposit with the magistrate the amount of bail set by
such magistrate. Thereafter, at the time when the case is called for arraignment before the
magistrate, if the defendant does not appear, either in person or by counsel, the magistrate
may declare the bail forfeited and may at his/her discretion order that no further proceedings
shall be had in such case. Upon making of such order that no further proceedings be had,
sums deposited as bail shall forthwith be paid in the county treasury for distribution as
provided by Section 1463 of the California Penal Code.
(f) A warrant shall not be issued on such charge for the arrest of a person who
pursuant to the provisions of this chapter has given written promise to appear in court unless
and until the person has violated such promise, or has failed to deposit bail, to appear for
arraignment, trial or judgment, or to comply with the terms and provisions of the judgment,
as required by law.
(g) As provided in Penal Code Section 853.7, every person willfully violating his/her
written promise to appear in court is guilty of a misdemeanor regardless of the disposition
of the charge upon which the person was originally arrested.
(h) In accordance with Penal Code Section 853.8, when a person signs a written
promise to appear at the time and place specified in the written promise to appear and has
not posted bail as provided in subsection (c) of this section, the magistrate shall issue and
have delivered for execution a warrant for the person's arrest within twenty days after the
person's failure to appear as promised. (Ord. 28, 1997)
Section 1.03.030. Custodial Arrests Not Permitted. Except for citation arrests
provided for in Section 1.03.020 above, District personnel shall not make custodial arrests.
(Ord. 30, 1999)
[3]
Chapter 1.04 - General Policies
Section 1.04.010. Sexual Harassment. Sexual harassment by any Director or
employee shall not be tolerated. The Board considers sexual harassment to be a major
offense which may result in disciplinary action or dismissal of the offending employee.
An employee who feels that he/she is being harassed is strongly encouraged to immediately
report such incident to the immediate supervisor of the accused employee or to the General
Manager without fear of reprisal. If a supervisor is so notified, the supervisor shall relay such
information to the General Manager who will assist in the investigation and resolution of
complaints. The General Manager may, in his or her discretion, assign the investigation of
the alleged misconduct to an outside party such as an attorney or law firm experienced in
such matters. If the General Manager is the accused harasser, the employee or supervisor
should report such incident to the Board President. Thereafter, the Board President, at the
next meeting of the Board, shall report the fact and nature of the allegation(s) to the entire
Board. Depending on the nature of the allegation(s) and the outcome of the investigation,
the Board shall take all appropriate remedial measures.
In the case of a Director harassing an employee, the General Manager should be notified,
so that he/she can then notify the President of the Board. Thereafter, the President, at the
next meeting of the Board, shall report the fact and nature of allegation(s) to the entire Board.
The Board shall assign the investigation of the alleged misconduct to an outside party.
If the Director charged with sexual harassment is the President of the Board, the General
Manager shall report the fact and nature of the allegation(s) to the entire Board at its next
meeting.
If appropriate a closed session may be utilized. Outside counsel may be retained to conduct
the investigation.
If an allegation of sexual harassment against a Director is investigated and found to the
supported, the Board reserves the right to take such remedial action as is appropriate under
all of the circumstances, including, if warranted, initiating an action for recall of such Director.
The Directors agree that an accusation of sexual harassment against any one of them must
be investigated. It is further agreed that such an investigation is not an invasion of their right
of privacy. (Ord. 30, 1999)
Section 1.04.020. Nondiscrimination. The District shall not unlawfully discriminate
against qualified employees or job applicants on the basis of sex, race, color, religious creed,
national origin, ancestry, age over 40, marital status, physical or mental disability, Vietnam
era veteran status, or sexual orientation.
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.
[4]
All employees are expected to carry out their responsibilities in a manner that is free from
discriminatory statements or conduct. (Ord. 30, 1999)
Section 1.04.030. Reasonable Accommodation-Americans with Disabilities
Act. Pursuant to the Americans with Disabilities Act, employers have a duty to reasonably
accommodate employees and job applicants with known disabilities. This accommodation
is not required for individuals who are not otherwise qualified for the job nor is
accommodation generally required until the person with the disability requests it.
(Ord. 30, 1999)
[5]
Chapter 1.05 - Claims Procedure
Section 1.05.010 Statutory Authority. The provisions of this Chapter
recognize that the general claims procedures applicable to local public agencies,
including this District, are governed by the provisions of Chapter 1 of Division 3.6 of the
Government Code of the state, commencing with Section 900 and following. (Ord. 39,
2001)
Section 1.05.020 Special Claims Procedure for Contracts and Other
Claims. (a) Pursuant to the authority contained in Section 935 of the Government Code
of the state, the following claims procedures are established for those claims against the
District for money or damages not now governed by state or local laws.
(b) Notwithstanding the exemptions set forth in Section 905 of the
Government Code of the state, all claims against the District for damages or money,
when a procedure for processing such claims is not otherwise provided by state or local
laws, shall be presented within the time limitations and in the manner prescribed by
Sections 910 through 915.2 of the Government Code of the state. Such claims shall
further be subject to the provisions of Section 945.4 of the Government Code of the
state relating to the prohibition of suits in the absence of the presentation of claims and
action thereon by the Board. (Ord. 39, 2001)
Section 1.05.030 Filing. All claims or demand against the District shall be filed
with the District Clerk and shall be presented by the District Clerk to the Board for approval
or rejection, whether in whole or in part, if such presentation is required by law. (Ord. 39,
2001)
Section 1.05.040 Processing. For the purposes of claims processing, the
Clerk of the District is hereby designated to make determinations regarding the sufficiency
and timeliness of any claim filed with the District. (Ord. 50, 2005)
[6]
Chapter 1.06 - Administrative Citations
Section 1.06.010. Applicability.
(a) This chapter subjects any violation of the provisions of this Operations Code
to administrative fines.
(b) This chapter establishes the administrative procedures that shall govern the
imposition, enforcement, collection, and administrative review of the administrative fines
pursuant to Government Code Section 53069.4.
(c) The issuance of an administrative citation under this chapter is solely at the
discretion of the Enforcement Official and is one option the Costa Mesa Sanitary District
has to address violations of this code. The procedures established in this chapter shall
supplement and be in addition to any criminal, civil or other remedy established by law or
under the provisions of this code to address violations of this Operations Code or
violations of any other Costa Mesa Sanitary District ordinance. Issuance of an
administrative citation shall be cumulative to, and shall not limit or be deemed a waiver
of, the use of any other remedy.
(d) The purpose of issuing administrative citations pursuant to this chapter is to
encourage compliance with the provisions of this code.
(e) This chapter is intended to impose strict administrative liability on
responsible parties for violations of this code.
Section 1.06.020. Definitions.
“Correction Condition” shall mean a code violation that pertains to a continuing plumbing,
sewer, sanitary, or similar structural or zoning violation that does not create an immediate
danger to health or safety.
“Enforcement Official” shall mean any officer, employee, agent, or independent contractor
with authority to enforce the Operations Code of the Costa Mesa Sanitary District or any
other code or ordinance adopted by the Costa Mesa Sanitary District.
“Responsible Party” shall mean any of the following:
(1) A person who causes a code violation to occur.
(2) A person who maintains or allows a code violation to continue by his, her or
its action or failure to act.
(3) A person whose agent, employee or independent contractor causes a code
violation by its action or failure to act.
(4) A person who is the owner of, lessee or sublessee with a current right of
possession of, real property where a property-related code violation occurs.
[7]
(5) The owner, operator or other person in charge of a business where a code
violation occurs.
(6) A person who is the beneficiary under a deed of trust for property where a
property-related code violation exists.
“Person” shall mean a natural person, legal entity, business, corporation, trust, or other
entity and shall also include the owners, majority shareholders, corporate officers,
trustees and general partners of any legal entity, business, corporation, trust or other
entity.
Section 1.06.030. Administrative Citation Generally.
(a) Issuance. An Enforcement Official, upon making a determination that any
provision of this Operations Code or any other Costa Mesa Sanitary District Ordinance
has been violated, has authority to issue an administrative citation to a responsible party
or parties for the violation. An Enforcement Official may issue an administrative citation
for a violation that is not committed in the Enforcement Official’s presence if the
Enforcement Official has determined that the responsible party committed a code
violation.
(b) Content. An administrative citation shall contain the following information:
(1) Name of the responsible party.
(2) Date of violation.
(3) Code section violated.
(4) Address or other location where the violation occurred.
(5) Description of the violation.
(6) Amount of the fine.
(7) Procedure to pay the fine.
(8) Warning that a failure to make a timely payment of the fine will result in a
late payment penalty.
(9) Description of the procedure for requesting an administrative review to
contest the administrative citation.
(10) Description of the procedure for requesting a waiver of the fine deposit.
(11) Date the citation is issued.
(12) Signature of the Enforcement Official issuing the citation.
[8]
(13) A notice that unpaid fines, interest and penalties are subject to the
assessment and lien collection procedures of this Chapter.
(c) Service.
An administrative citation may be served by any of the following methods:
(1) Personal Service. An Enforcement Official may personally serve the citation
on the responsible party. If reasonably available, the Enforcement Official should obtain
the signature of the responsible party. The failure of the Enforcement Official to request
or obtain the signature of the responsible party shall not invalidate the service of the
administrative citation and shall not invalidate the administrative citation.
(2) Mail. An Enforcement Official may mail the administrative citation by first
class mail if the responsible party is not present for personal service when the
Enforcement Official determines there has been a violation. The administrative citation
shall be mailed to the responsible party’s address as shown on the county’s last equalized
assessment roll for a property-related violation, or to any address known for the
responsible party for all other violations. Service by mail shall be deemed to have been
completed at the time of deposit in the U.S. Mail in a fully addressed envelope, postage
prepaid.
(3) Posting. An Enforcement Official may post a copy of the administrative
citation on the property in a conspicuous place for a property-related violation when the
responsible party resides at an unknown address. A copy of the administrative citation
will also be mailed to the responsible party at the address of the property.
(4) Other manners of service. An administrative citation may be served on the
responsible party in any manner provided for service of summons.
Section 1.06.040. Administrative Citation Timing. Except as provided in Section
1.06.050, an administrative citation may be issued immediately and without a prior
warning for any violation of this Operations Code or any other District ordinance.
Section 1.06.050. Administrative Citation for Continuing Plumbing, Sewer,
Sanitary, or Similar Structural or Zoning Violations that Do Not Create an Immediate
Hazard.
(a) Applicability of this Section. This Section shall only apply to a correction
condition(s).
(b) Correction Period. A responsible party shall have thirty (30) calendar days to
correct or remedy a correction condition prior to the issuance of an administrative citation.
A correction period longer than thirty (30) calendar days may be granted if deemed
necessary by the Enforcement Official.
(c) Correction Notice. Upon discovery of a correction condition, the Enforcement
[9]
Official shall issue a written correction notice to the responsible party or parties. The
correction notice shall refer to the code section(s) violated and describe how that code
section(s) was violated. The correction notice shall also describe the action necessary to
correct the violation(s) and state the final date by which the correction must be completed,
which shall not be less than thirty (30) calendar days from the date the correction notice
is issued. In addition, the correction notice shall include a warning that failure to correct
the violation may result in the imposition of an administrative fine and shall state the
amount of the fine imposed for the violation.
(d) Procedure Upon Expiration of Correction Period. If the responsible party does
not remedy the correction condition within the period set forth in the correction notice, the
Enforcement Official may issue an administrative citation.
Section 1.06.060. Responsible Party’s Obligations.
Within fifteen (15) calendar days from the date the administrative citation is served by any
of the methods of service specified in Subsection (c) of Section 1.06.030, a responsible
party shall (i) pay the fine amount designated on the administrative citation; or (ii) make
a written request for an administrative hearing.
Section 1.06.070. Administrative Fine.
(a) Amount. Fines for administrative citations shall be assessed in the following
amounts:
(1) A fine not exceeding Two Hundred Fifty Dollars ($250.00) for a first violation,
except that a first violation of District Operations Code Section 7.01.060, pertaining to the
Placement of Trash Containers, shall be subject to a fine not exceeding Seventy Five
Dollars ($75.00);
(2) A fine not exceeding Five Hundred Dollars ($500.00) for a second violation of
the same ordinance or permit within one year, except that a second violation of District
Operations Code Section 7.01.060, pertaining to the Placement of Trash Containers, shall
be subject to a fine not exceeding One Hundred Fifty Dollars ($150.00);
(3) A fine not exceeding Nine Hundred Fifty Dollars ($950.00) for each additional
violation of the same ordinance or permit within one year, except for each additional
violation of District Operations Code Section 7.01.060, pertaining to the Placement of
Trash Containers, shall be subject to a fine not exceeding Three Hundred Dollars
($300.00);
(b) Continuing Violation. Each and every day during any portion of which any
ordinance violation is committed, continued, maintained or permitted shall constitute a
separate offense.
[10]
(c) Payments. If the responsible party does not make a timely request for a
hearing, he, she or it must pay the administrative fine directly to the Costa Mesa Sanitary
District within fifteen (15) calendar days from the date the administrative citation is issued.
Payment of a fine shall not excuse or discharge the failure to correct the violation(s) nor
shall it bar further enforcement action by the District.
(d) No Waiver. Under no circumstances shall the payment of the administrative
fine constitute a waiver of the responsibly party’s right to a hearing. Therefore, a
responsible party may pay the administrative fine within the fifteen (15) calendar day
period and also obtain a hearing to protest the imposition of the administrative fine,
provided that the responsible party makes a timely request for a hearing.
(e) Obligation to Correct Violation. Nothing in this chapter shall be interpreted to
mean that because a responsible party has paid the administrative fine he, she or it is not
required to correct the ordinance violation. If the responsible party fails to correct the
violation(s), subsequent administrative citations may be issued for the same violation(s).
The amount of the fine for failure to correct the violation shall increase at a rate specified
in this chapter.
Section 1.06.080. Administrative hearing.
(a) Purpose. It is the purpose and intent of the Board of Directors to afford due
process of law to any person who is issued an administrative citation.
(b) Request for Hearing. Within fifteen (15) calendar days from the date the
administrative citation is served, the responsibly party must make a written request for a
hearing, together with an advanced deposit of the fine. Any administrative citation fine
which has been deposited shall be refunded if it is determined, after a hearing, that the
person charged in the administrative citation was not responsible for the violation(s) or
that there was no violation(s) as charged in the administrative citation.
(c) Hearing Officer.
1. The General Manager shall serve as the Hearing Officer or may appoint a
person or persons who shall preside at the hearing and hear all facts and testimony
presented and deemed appropriate ("Hearing Officer").
2. The employment, performance, evaluation, compensation and benefits of the
Hearing Officer, if any, shall not be directly or indirectly conditioned upon the amount of
the administrative citation fines upheld by the Hearing Officer.
3. Any person designated to serve as a Hearing Officer is subject to
disqualification for bias, prejudice, interest, or for any other reason for which a judge may
be disqualified pursuant to Code of Civil Procedure Section 170.1. The responsible party
may challenge the Hearing Officer’s impartiality by filing a statement with the General
Manager objecting to the Hearing before the Hearing Officer and setting forth the grounds
for disqualification.
[11]
(d) Administrative Hearing Procedures.
1. No hearing to contest an administrative citation before a Hearing Officer shall
be held unless and until a request for hearing form has been completed and submitted
and the fine has been deposited in advance. The fine deposit may be waived by the
General Manager upon a showing of financial hardship.
2. The administrative citation and any additional documents submitted by the
Enforcement Official shall constitute prima facie evidence of the respective facts
contained in those documents and the Enforcement Official shall not be required to attend
the administrative hearing but may attend the hearing in his or her discretion.
(e) Administrative Order.
1. Within fifteen (15) calendar days of the conclusion of the hearing, the Hearing
Officer shall provide the responsible party with a decision in writing (“administrative
order”). The Hearing Officer shall provide the responsible party with the administrative
order by personal service or by registered or certified mail to the responsible party’s last
known address.
2. The administrative order shall contain the Hearing Officer’s findings of fact and
conclusions and the procedure described in Section 1.06.090 for seeking judicial review.
3. A decision in favor of the responsible party shall constitute a dismissal of the
administrative citation. The District shall return any monies paid by the responsible party
towards the dismissed administrative citation.
4. The Hearing Officer’s administrative order is final.
(f) Failure to Attend Administrative Hearing.
1. Waiver of Right to Hearing. The responsible party’s failure to appear at a
hearing shall constitute a waiver of the right to a hearing and shall be presumed an
admission of guilt to the code violation(s) indicated on the administrative citation.
2. Good Cause. Upon a showing of good cause by the responsible party, the
Hearing Officer may excuse the responsible party’s failure to appear at the hearing and
reschedule the hearing. Under no circumstances shall the hearing be rescheduled more
than once unless the responsible party pays a deposit in the amount of the administrative
fine. Nothing in this subsection shall be interpreted to mean the responsible party is
excused from the requirement of paying the administrative fine or appearing at a hearing.
Section 1.06.090. Judicial review.
If an administrative order is rendered in favor of the District, the responsible party
may seek judicial review of the administrative order in the Orange County Superior Court,
Harbor Justice Center, by doing one of the following:
[12]
1. Appeal the administrative order pursuant to California Government Code
Section 53069.4 within twenty (20) calendar days after service of the administrative order.
Pursuant to Section 53069.4, the appealing party shall serve a copy of the appeal notice
in person or by first class mail upon the District. Appeal notices shall be sent to the District
Clerk. If no appeal notice is filed within the twenty (20) calendar day period, the decision
shall be deemed confirmed; or
2. File a petition for a writ of mandate pursuant to California Code of Civil
Procedure Section 1094.5 et seq. within ninety (90) calendar days after service of the
administrative order.
Section 1.06.100. Failure to comply.
(a) Event Defined. As used in this Section the term "event" shall mean any of the
following occurrences:
1. The responsible party fails to either pay the administrative fine or request a
hearing within fifteen (15) calendar days from the date the administrative citation is
served.
2. The responsible party requests a hearing and fails to appear.
3. The responsible party fails to either comply with the administrative order or
seek judicial review of the administrative order.
(b) Penalty Fine. The occurrence of an event may result in the District increasing
the administrative fine, not to exceed the maximum amounts set forth in Section 1.06.070.
(“administrative fine”).
(c) Account Receivable. Upon the occurrence of an event, the District may treat
the administrative fine or penalty fine, whichever is applicable, as an account receivable
subject to the District’s policy for delinquent accounts receivable.
(d) Misdemeanor. An event shall constitute a misdemeanor punishable by a
maximum of a One Thousand Dollar ($1,000.00) fine or six (6) months in jail, or both.
Section 1.06.110. Collection of Unpaid Fines.
(a) The District, at its discretion, may pursue any and all legal and equitable
remedies for the collection of unpaid fines, interest and penalties. Pursuit of one remedy
does not preclude the pursuit of any other remedies until the total fines, interest and
penalties owed by a person under this chapter have been collected.
(b) The District may refuse to issue, extend, or renew any permit, license, or other
approval to any person who has unpaid delinquent fines, interest, penalties, liens or
assessments due under this chapter related to the permit, license, or approval.
[13]
(c) The District may suspend any permit, license, or approval issued to a person
who has unpaid fines related to the permit, license, or approval totaling Five Hundred
Dollars ($500.00) or more that have been delinquent for over thirty (30) calendar days.
The suspension shall become effective twenty (20) calendar days after the day notice of
suspension is placed in the U.S. mail, postage prepaid, addressed to the person and shall
continue until the delinquency is paid in full. Continuing to operate under a suspended
permit, license or approval shall be grounds for revocation of the permit, license or
approval.
(d) Any violation of this chapter shall constitute a public nuisance. To compel
compliance, the District may seek to abate the nuisance and collect the costs incurred by
means of a nuisance abatement lien and/or special assessment against the property
where a property-related violation occurred. Any unpaid delinquent civil fines, interest and
penalties may be recovered as part of any such lien or special assessment against the
property of the responsible party who is the owner of the property where the violation
occurred.
(1) To pursue an abatement of a code violation as a nuisance and recover the
costs, including any delinquent civil fines, interest and penalties as an abatement lien or
special assessment, the District may take the following steps:
a. Submit to and receive from the Board of Directors a resolution certifying
the amounts of the liens and special assessments sought to be collected from each
property owner;
b. Request the Orange County Recorder to record a notice of any liens, or
special assessments, and send the Recorder the resolution certifying the amounts;
c. Request the Orange County Tax Collector collect any special
assessments certified by the Board of Directors; and
d. Take any other necessary action to enforce collection of any liens, or
special assessments provided for in this chapter.
(2) The District may pursue the lien and special assessment remedies whether
or not the District is pursuing any other action to terminate an ongoing code violation that
was the basis for the fine.
(3) The lien or assessment shall be imposed on the date the citation for the Code
violation is issued to the responsible person and becomes effective upon the recording of
a Notice of Lien or Assessment by the County Recorder. This notice shall satisfy the
notice requirements when an administrative citation is personally served on the
responsible party. In addition, the District shall send notice by first class mail stating the
date, time and location of the meeting to each property owner listed in the proposed
resolution at least ten (10) days before the Board of Directors considers the resolution
[14]
and certifies the amounts of the liens and special assessments.
(4) A responsible party may contest the amount and/or validity of any lien or
assessment for a civil fine at the public hearing to certify the amount of the lien or
assessment by the Board of Directors. Such contests shall be limited to the issue of the
amount and/or validity of the lien or assessment and may not consider whether the
underlying Code violation occurred. Pursuit of such a contest by a responsible party is
necessary to exhaust the administrative remedies concerning a legal challenge to the
validity of any such lien or assessment.
(e) The parent or legal guardian of a responsible party who is a minor shall be liable for
any fines imposed upon the minor pursuant to the provisions of this chapter. Any such
fines may be collected from the minor, parent or guardian.
[15]
Chapter 1.07
Records
1.07.010. Public Records Request. Access to District records is a right of the public
protected under California Constitution Article 1, section 3, and Government Code
sections 6250 et seq. All formal requests for District records shall be date stamped and
forwarded to the District Clerk or Deputy District Clerk so that a timely response is made.
Generally, such responses must be made within ten days. District Counsel should be
consulted when the records may be subject to privacy or other considerations that might
justify withholding. Records that are accessible to the public will be provided promptly to
the requestor, in accordance with the California Public
Records Act.
1.07.020. Subpoenas and Other Legal Process Requesting Documents. All
subpoenas and other court demands for documents shall be forwarded to the District
Clerk or Deputy District Clerk and District Counsel upon receipt.
1.07.030. District Record Retention. District records shall be retained and
destroyed pursuant to the authority given special districts by Government Code sections
60200 et seq. Pursuant to Government Code section 60201, the Board shall, by
resolution, set forth the categories of documents that may be destroyed or disposed of in
compliance with that section. As set forth in Section 60201, the following records shall not
be destroyed:
(1) Records that relate to the formation, change of organization, or reorganization of the
District.
(2) An ordinance adopted by the District. However, an ordinance that has been repealed
or is otherwise invalid or unenforceable may be destroyed or disposed of pursuant to this
Section five years after it was repealed or became invalid or unenforceable.
(3) Minutes of any meeting of the legislative body of the District.
(4) Records that relate to any pending claim or litigation or any settlement or other
disposition of litigation within the past two years.
(5) Records that are the subject of any pending request made pursuant to the
California Public Records Act (Chapter 3.5 (commencing with Section
6250) of Division 7 of Title 1), whether or not the District maintains that the record is
exempt from disclosure, until the request has been granted or two years have elapsed
since the District provided written notice to the requester that the request has been
denied.
(6) Records that relate to any pending construction that the District has not accepted or
as to which a stop notice claim legally may be presented.
(7) Records that relate to any non-discharged debt of the District.
(8) Records that relate to the title to real property in which the District has an interest.
(9) Records that relate to any non-discharged contract to which the District is a party.
(10) Records that have not fulfilled the administrative, fiscal, or legal purpose for which it
was created or received.
(11) Records that are unaccepted bids or proposals, which are less than two years old,
for the construction or installation of any building, structure, or other public work.
[16]
(12) Records that specify the amount of compensation paid to District employees or
officers or to independent contractors providing personal or professional services to the
District or relate to expense reimbursement to District officers or employees or to the use
of District paid credit cards or any travel compensation mechanism. However, a record
described in this paragraph may be destroyed or disposed of pursuant to this Section
seven years after the date of payment.
1.07.040. Reproductions Utilizing a Trusted System. Pursuant to Government Code
section 60203, records may be reproduced on a trusted system in accordance with the
Secretary of State’s guidelines in accordance with the standards set forth in Government
Code section 12168.7 and California Code of Regulations Title 2, Division 5, Chapter 15
as the same may be amended. The device used to make the reproduction must be a
medium that accurately reproduces the original and does not permit additions, deletions,
or changes to original images. Such reproductions shall thereafter be considered
originals.”
Title 2
[17]
Chapter 2.01 – Definitions
Section 2.01.010 Definitions. Unless otherwise indicated, the following
definitions shall apply to all provisions of this Operations Code:
A. Garbage. "Garbage", as used in this code, shall include all of the following: (a)
animal, fruit, and vegetable refuse; (b) offal; (c) leaves and cuttings, trimmings from trees,
shrubs and grass; (d) inorganic refuse and rubbish; (e) anything thrown away as worthless.
(This definition is provided in Health and Safety Code Section 6406 as the same may be
amended from time to time.) (Ord. 30, 1999)
B. Green Waste. Solid waste resulting from maintenance or removal of vegetation
including, but not limited to: brush, grass clippings, branches, leaves, flowers, weeds,
shrubs, and small trees.
C. Lateral. A sewer lateral is that entire underground pipe including the connection
between the sewer main and the structural improvements on private property and shall
include both the portion on private property and the portion in the public or District right of
way. (Ord. 8, 1971)
DC. Organics. Solid waste that comes from plants or animals that is biodegradable
including, but not limited to: fruits, vegetables, meat, poultry, seafood, eggshells, rice, beans,
cheese, bones, frozen/refrigerated food, tea bags, coffee grounds, etc.
E. Rubbish. The word "rubbish" shall include leaves, shrub trimmings, small tree
branches not to exceed two (2) inches in diameter and four (4) feet in length, excelsior,
wooden ware, printed matter, paper, pasteboard, paper containers, lawn clippings, rags,
straw, discarded clothing, crockery, bottles, tin cans, metal vessels, and residential waste
material of every character accumulated within the District except garbage or tree or shrub
trimmings occasioned by the maintenance or construction of public utility lines or the
activities of City crews. (Ord. 2, 1956)
FD. Sewerage facilities. Those pipe lines, plant facilities and appurtenances
constructed, maintained and operated by the District primarily for the collection of sewage
and the conveyance thereof to the sewage treatment plant for the treatment of the sewage.
(Ord. 30, 1999)
GE. Sewer Main shall also include the phrases "main sewer line" and "main sewer".
A sewer main is the underground pipe structure in the public or District right of way which
acts as a gathering system for one or more sewer laterals. (Ord. 8, 1971)
HF. Trash. "Trash" shall mean all solid and semi-solid wastes including garbage, rubbish
and trash but does not include hazardous wastes, abandoned vehicles, construction debris,
medical waste, sludge and similar materials. For purposes of the regular collection of trash
by District's franchisee, the items of trash may be limited to exclude tires, household
appliances and other similar large items or special categories of trash. Included within the
term are newspapers, glass, plastics, cardboard and other materials that are discarded but
which may be recycled by District's franchisee for consideration. (Ord. 30, 1999)
[18]
Title 3
Chapter 3.01 - Board of Directors
Section 3.01.010. Elections. The District does hereby adopt the following as its
candidate regulations. Candidate's statements shall be limited to 200 words or less. Each
candidate shall pay his/her own costs of candidate statements and any translations into
languages other than English. (Ord. 30, 1999)
Section 3.010.020. Board Officers. Those certified as elected shall enter office on
or after noon of the first Friday in December after the election and upon taking the oath of
office. The Board shall elect a President and a Secretary from among its members. Election
shall be made as soon as practicable after the results of a District election have been
certified and the officers have taken their oaths of office. At that time a President and
Secretary shall be elected, and a Vice-President and Assistant Secretary may also be
elected. (Reso. 96-593, 1996)
Section 3.01.025. Board Responsibility. It shall be the responsibility of the Board
to fulfill the District's mission of providing sewage collection and trash collection and related
recycling activities in an efficient, dependable and economical manner. The Board shall
perform its mission by adopting ordinances, resolutions, policies and by taking other action
during its regular or special meetings, or to otherwise make recommendations on the same
during the meeting of a standing committee. The Board is entrusted with the following
specific duties:
(a) Set policy for District operation.
(b) In coordination with the Treasurer, set an annual budget and monitor spending
throughout the year.
(c) Set rates for service.
(d) Ensure that the District has sufficient staff and other resources to fulfill its
mission.
(e) Have a master plan for the operation of the District including a facilities
replacement schedule for facilities failure or obsolescence. (Ord. 30, 1999)
Section 3.01.030. Compensation. Pursuant to the provisions of Health and
Safety Code Section 6489, compensation is set for each day’s attendance at a Board
meeting, or for each day’s service rendered as a Director at the request of the Board,
the sum of two hundred ninety five dollars per day, not to exceed a total of six days in
any calendar month.
The following meetings shall be eligible for such per diem service:
[19]
1. Board meetings
2. Advisory committee meetings such as subcommittees
3. Approved conferences or organized educational activities
4. Orange County Sanitation District (OCSD) meetings
5. Santa Ana River Flood Protection Agency (SARFPA) meetings
6. Independent Special Districts of Orange County (ISDOC) meetings
7. Orange County Local Agency Formation Commission (LAFCO) meetings
8. California Special Districts Association (CSDA) meetings
9. California Association of Sanitation Agencies (CASA) meetings
10. Orange County Council of Governments (OCCOG) meetings
11. Water Advisory Committee of Orange County (WACO) meetings
12. Costa Mesa Chamber of Commerce meetings
13. Educational Outreach and Presentations
14. City of Costa Mesa meetings
15. County of Orange meetings
16. City of Newport Beach Meetings
17. Mesa Water District meetings
18. Irvine Ranch Water District meetings
19. Newport Mesa Unified School District meetings
20. Costa Mesa Sanitary District/Mesa Water District/City of Costa Mesa
Liaison Committee meetings
21. Water Discharge Regulation meetings (WDR)
22. Water Environment Association (WEF)
23. California Water Environment Association (CWEA)
24. Santa Ana River Basin Section (SARBS)
25. Costa Mesa Sanitary District/Mesa Water District/City of Newport Beach
Liaison Committee meetings
26. South Coast Metro Alliance
27. Solid Waste Association of North America (SWANA)
28. Integrated Waste Management Commission (IWMC)
29. Any other meetings that directly involve the District
30. Any other meeting that indirectly involves the District by subject matter
[20]
provided that the Director requesting compensation shall describe in
his compensation request how the subject matter related to the District
The Board member shall also be entitled to his/her reasonable expenses incident
thereto. (Ord. 73, 2009; Ord. 96, 2013; Ord. 106, 2015; Ord. 107, 2015)
Section 3.01.035. Ethics Law TrainingSunshine Law Compliance. In
accordance with Chapter 700 of the 2005 Statutes, Government Code section 53234 et
seq., the District shall comply with the Local Government Sunshine Law by attending ethics
training as mandated. Daily compensation for occurrences shall be set forth in Section
3.01.030 and reimbursement for travel expenses shall be made in accordance with Section
3.01.090 as the same may be supplemented. Expense reimbursement shall be made on
District forms that show that expenses are within policy. Board members shall provide brief
reports on meetings attended at public expense at the next regular Board meeting. (Ord. 55,
2006)
Section 3.01.040. Conflict of Interest. (a) The District has adopted the model
conflict of interest code as set forth in Regulation 18700 of the Fair Political Practice
Commission and its own appendix and will review said appendix on a regular basis as
required by law. The Board members and the District's officers and employees shall comply
with said Code.
(b) Board members shall also not engage in inconsistent, incompatible or inimical
employment. Acceptance of an office that is incompatible with another office automatically
vacates the first office held.
(c) Board members shall not have a prohibited interest in any contract made by
them in their official capacity. It is also prohibited to attempt to influence such a decision.
(d) Board members shall not accept any discount with a transportation company
because of his/her official status. (Reso. 95-579, 1995); (Ord. 30, 1999)
Section 3.01.045. Alternate District Engineer
(a) District engineering work. A private civil engineer may serve as the
District’s Engineer and is authorized to perform civil engineering work on behalf of the
District. District Engineer’s proposals may be reviewed by an outside private civil
engineer or an engineer who is employed by a public agency under contract with the
District who shall review said proposals for appropriateness of cost. The Board may
appoint such outside civil engineer as Alternate District Engineer. Such outside civil
engineer shall report directly to the General Manager and shall submit any bill for services
directly to the General Manager. The District Engineer shall not recommend that
engineering work be awarded to his firm, but such proposals shall be made to the General
Manager, who shall make such recommendations. (Ord. 102, 2014)
(b) Private engineering work within District boundaries. Should the
[21]
District Engineer perform civil engineering work for a private client that requires
District approval, the District Engineer shall not approve those plans in his capacity
as District Engineer. Should engineering review be required, it shall be referred
by the General Manager to the Alternate District Engineer or other civil engineer
having authority to approve such plans on behalf of the District and in accordance
with the procedure as described above. (Ord. 84, 2011)
Section 3.010.050. Place of Regular Meetings. The Board of Directors shall meet
at 628 W. 19th Street, Costa Mesa, California, unless notification is otherwise given. (Ord.
13, 1978) (Ord. 53, 2005)
Section 3.01.060. Time of Regular Meetings. The Board of Directors shall hold its
regular meetings on the fourth Thursday of the month at 5:30 p.m. unless notification is
otherwise given. The Board shall endeavor to conduct its business on its regular meeting
date and if a meeting must be rescheduled, shall endeavor to schedule any specially set
meetings to a later date. Nothing herein stated is meant to preclude the District from
scheduling a meeting at an earlier date and/or time, provided notice has duly been given,
when the same is determined to be in the District's best interests. Any person having
business before the Board showing an acceptable excuse for not being present due to
changed date, time or place of a meeting may request the Board to reschedule the item for
a subsequent meeting. (Ord. 65, 2008)
Section 3.01.070. Brown Act. The provisions of the Ralph M. Brown Act shall be
observed for all Board business. (Ord. 30, 1999)
Section 3.01.073. Parliamentary Matters. The Board may only take action at a
duly authorized meeting. A motion, followed by a second, shall be the usual method to bring
a matter before the Board for action. Roberts' Rules of Order may be used as a guide but
shall not be binding. (Ord. 38, 2001)
Section 3.01.074. General Public Meeting Rules. (a) Any person desiring to
address the Board shall only speak when recognized by the presiding officer. Persons
should address their comments to the presiding officer and not to other Board members
or staff. The Board and staff should likewise not engage in a dialogue with a member of
the public without first securing the permission of the presiding officer. Cross-examination
of the Board or staff is not allowed. If a speaker has questions, he should state those
questions as part of his presentation. After he has completed his presentation the
presiding officer shall determine if a response is required and who should respond.
Alternatively, the presiding officer may direct that a staff person meet with the speaker at
a later time to address the areas of inquiry.
(b) A public meeting is a limited public forum and remarks must be related to
the subject matter over which the District has jurisdiction. Irrelevant speech may be ruled
out of order.
(c) Time limits for speakers may be established.
(d) All speakers and the Board must preserve order and decorum and no
profanity or other disruptive behavior shall be allowed which actually disrupts the meeting.
[22]
(e) No person shall be allowed to approach the Board dais but shall submit
materials to the Board by handing those items to the District Clerk.
(f) The Board may appoint a sergeant at arms. The presiding officer may clear
the meeting for disruptions to the meeting, in accordance with the Brown Act. Additionally,
Penal Code Section 403 makes it a misdemeanor to willfully disrupt a public meeting.
(Ord. 74, 2009) (Ord. 95, 2012)
Section 3.01.075. Agenda distribution. Agenda materials shall be made
available to the public in accordance with the Brown Act. The District shall normally charge
for copies. Notwithstanding the foregoing, the District Clerk may make copies available
without charge to public officials who might have a position with another public agency that
interface with the District and its functions. (Ord. 74, 2009)
Section 3.01.076. President. The President shall preside over all meetings. In his
absence the Vice-President shall preside. In accordance with Health and Safety Code
Section 6487, the President shall sign all contracts, deeds, releases, receipts and other
documents, unless such authority has been otherwise delegated in this Code. In the
President’s absence, the Vice President may sign all contracts, deeds, releases, receipts
and other documents. (Ord. 30, 1999)
Section 3.01.077. Secretary. The Secretary shall countersign all contracts, deeds,
warrants, releases, receipts and other documents, unless this authority has been otherwise
delegated in this Code. In his absence, the Assistant Secretary may perform those duties.
(Ord. 30, 1999)
Section 3.01.080. Appointments. That as soon as practicable after the results of
a District election have been certified and the officers have taken their oaths, other
appointments to various bodies shall also be made. (Reso. 96-593, 1996)
Section 3.01.085. Vacancies. Vacancies on the Board shall be filled in
accordance with Health and Safety Code Section 6483 and Government Code Section
1780. (Ord. 30, 1999)
Section 3.01.090. Conferences, Travel and Expenses.
(a) The Board of Directors recognizes the benefit derived from Directors
attending educational seminars, conferences, programs, government hearings and
functions. No Board member shall incur such expense outside the state without prior
Board approval. This section constitutes the District’s policy for expense reimbursement,
adopted in accordance with Government Code, § 53235.2. (Ord. 103, 2014)
(b) Board members are authorized to attend any educational seminar,
conference, program, political hearing and/or function within the State of California
without prior Board approval and to have such expenses reimbursed, subject to the
limitations provided for herein. Events must qualify as an eligible meeting pursuant to
District Operations Code, § 3.01.030. (Ord. 103, 2014)
[23]
(c) The expenses allowed include, but are not limited to, meals, transportation,
lodging, and registration fees, which are reasonable and substantiated by receipts, unless
paid for directly by the District. Lodging shall not exceed the maximum group rate offered
by the sponsor. Members shall also use group or government rates for transportation or
shall use IRS rates. Automobile mileage shall be reimbursed at the current standard
mileage rate established by the Internal Revenue Service.
(d) Board members shall present their reimbursement requests for such
expenses to the Board by invoice or other suitable substantiation supported by receipts
or similar proof of payment.
(e) For all reasonable meals, transportation and lodging expenses, the General
Manager may reimburse the Board member’s expenses, after expenses are certified by
District Accountant that said expenses are eligible for reimbursements and prior to Board
approval and obtaining ratification at the next regular Board meeting. Expenses not
ratified by the Board of Directors will be deducted from a subsequent payment. All
expense reimbursements other than meals, transportation and lodging must be submitted
for Board approval prior to reimbursement.
(f) Expense reimbursements shall be in addition to the daily compensation that
Board members may be entitled to pursuant to Health and Safety Code Section 6489 and
Section 3.01.030 of this Code.
(g) District staff shall maintain a credit card or other account that allows for the
direct payment of airline tickets, hotel rooms, registration fees and other expenses. The
General Manager shall establish policies and procedures for utilization of the credit cards
and/or other accounts.
(h) Nothing stated herein is meant to be a limitation on a Board member’s right
to attend any event at the Board member’s own expense.
(i) Board members shall be cognizant of the Brown Act and any exceptions
thereto whenever a quorum of the Board is present at the same location.
(Ord. 52, 2005; Ord. 55, 2006)
Section 3.01.092. Miscellaneous expense reimbursement. The Board of
Directors recognizes that Board members will incur other expenses on behalf of the
District for which reimbursement may be appropriate. To substantiate that such
reimbursement is appropriate; Directors should establish that the expenses were actual,
reasonable and necessary in service to the District. Certain expenses for supplies may
be reimbursed by substantiating that the item or a portion of the item was used for District
business. Such items include, but are not limited to, toners, cartridges, paper and related
material involved in electronic processing of information by facsimile, copier, email,
computer and other technological devices. To be eligible for reimbursement, a District-
provided form should be used, which substantiates the purchase and documents the use
or a portion of the use for District business. Receipts proving the purchase of such items
must be attached to the form.
(Ord. 58, 2007)
[24]
Section 3.01.100. Interaction with Staff. Requests for information may be made by
individual Board members and will be responded to unless the General Manager
determines that it would involve an inordinate amount of time, in which case he may ask
that the item be placed on the agenda for full Board action. Copies of materials prepared
for one Director shall be distributed to all Directors. Board members should only direct
staff to take action when done as part of Board action during a meeting. (Policy Statement
11/14/1991) (Ord. 90, 2012)
Section 3.01.110. Procedure for Placing an Item on the Agenda
(a). Any Board member may request that an item be placed on the Board of
Directors regular meeting and/or study session agenda by requesting the item be
placed on a subsequent agenda during the Oral Communications and Director
Comments section of an open public meeting. The nature of the item must be within
the subject matter jurisdiction of the Costa Mesa Sanitary District. A majority of the
Board may approve or deny the request for the matters to be placed on a subsequent
agenda during the meeting.
(b) Any member of the public may request that an item be placed on an agenda.
The individual can make this request during the Public Comment section of any Board
meeting, and the item must be within the subject matter jurisdiction of the Costa
Mesa Sanitary District. The request can also be made by completing the Request to
Agendize an Item form along with pertinent back-up documentation. The complete
package will be forwarded to the General Manager or designee to discuss with the
Operations Committee for a determination for inclusion on the agenda. The public
does not have the right to demand that an item be placed on the agenda; the control
of the agenda is a matter determined by the Board.
(c) Public request for placing an item on the agenda must be submitted
by 12:00 noon, fourteen (14) working days prior to the meeting. An additional amount
of time may be required if staff is expected to make an appropriate recommendation.
(d) Once a determination has been made for inclusion on the agenda,
the General Manager or designee will prepare a staff report based on the
documentation received. The staff report will be forwarded to the Board of Directors
for discussion at the predetermined date of the Board meeting. (Ord. 90, 2012; Ord. 98,
2013; Ord. 101, 2014)
[25]
Chapter 3.02 - Officers and Employees
Section 3.02.010. General Manager. The Board may appoint a General Manager
to plan, manage, and operate the District and to report to the Board. The General
Manager’s duties shall also include acting as the Personnel Officer, whereby he will hire
and fire, develop classification plans, adopt organization charts, and perform other duties
related to personnel matters. Said duties may be more fully set forth in the District’s job
description for said position and in any employment contract with said person which shall
be kept with the District’s official records. (Reso. 92-523, 1992) (Ord. 91, 2012)
Section 3.02.020. District Engineer. The General Manager may appoint an
engineer to design various projects for the District and to render engineering advice to
the General Manager. The District Engineer is authorized to approve designs as to
reasonableness of public improvements for which Board approval is not required. Such
discretionary authority is hereby delegated to the District Engineer for the purpose of the
design immunity defense provided in Government Code 830.6 or successor statue. The
approval of design extends to “as builts” which are accepted. (Reso. 92-524, 1992) (Ord.
49, 2005)
Section 3.02.030. District Counsel. The Board may appoint a general counsel to
provide it with legal advice and render other legal services. The duties to be provided shall
be set forth in said Attorney's retainer agreement. (Ord. 30, 1999)
Section 3.02.040. Treasurer. Pursuant to Health and Safety Code Section 6001,
the District shall appoint a treasurer to be responsible for the safekeeping, investment and
deposit of District monies. A surety bond shall be fixed by the Board and maintained at all
times. The Board has determined that a master bond may be used that meets the
requirements of Government Code Section 1481. (Reso. 85-438, 1985)
Section 3.02.050. Employees. The Personnel Rules of the District shall be
adopted by separate resolution of the District. The Personnel Rules shall set forth the
terms and conditions of the employment relationship. The only persons who are
“employees” of the District are those persons who are paid through payroll. (Ord. 70,
2008)
Section 3.02.055. Employment Subject to Criminal History Report.
(a) The District is hereby authorized to access state and federal level summary
criminal history information for employment (including volunteers and contract
employees), licensing, or certification purposes and may not disseminate the information
to a private entity.
(b) A person shall be prima facie disqualified for District employment if the
person has been convicted of a felony or of a misdemeanor involving moral turpitude. As
used herein, the term conviction includes pleas of guilty and nolo contendere. The
General Manager, as personnel officer, is specifically authorized to obtain criminal history
information as provided for in Section 11105 and 13300 of the Penal Code of the State of
[26]
California. Applicants shall be required to submit their fingerprints and to cooperate so
that the General Manager can obtain said information.
(c) An applicant who is thus prima facie disqualified for employment may make
an appeal in writing to the General Manager. The General Manager shall consider the
mitigating factors such as, but not limited to, evidence of rehabilitation, length of time
elapsed since such conviction, the age of the person at the time of the conviction,
contributing social or environmental conditions, the nature and seriousness of the
conduct, the circumstances surrounding the conduct, the position for which the person is
applying and whether the conviction is unrelated to that position. The General Manager
shall render a decision based on the above factors which shall be final and conclusive.
(d) The General Manager shall report to each appointee the fact of the
appointee’s suitability for District service. In the event the General Manager determines
that the character and background of an appointee makes the appointee unsuitable for
District service, the General Manager shall take appropriate action. (Ord. 70, 2008)
Section 3.02.060 Personnel Rules and Administrative PoliciesRegulations.
The Board has adopted the Personnel Rules and the District Employee Handbook
incorporating those rules. The General Manager is authorized to make minor revisions
to that Handbook and issue Administrative PoliciesRegulations further clarifying those
rules provided that no significant increases or decreases in compensation are made
thereby. The General Manager shall also be authorized to make changes when required
by the law. (Ord. 30, 1999; Ord. 54, 2005; Ord. 91, 2012)
Section 3.02.070. Staff Expenses. No staff person or person other than a Board
member shall incur any expense for reimbursement for travel, conferences, meetings,
seminars or related matters that occur within the State of California without prior General
Manager approval. No staff person or person other than a Board member shall travel out of
state for conferences, meetings, seminars or related matters without prior Board approval.
The Board may approve recurring or ongoing expenses. (Reso. 96-586, 1996)
[27]
Title 4
Chapter 4.01 - Financial Provisions
Section 4.01.010. Administration of Funds. Pursuant to the authority of Health
and Safety Code Section 6801, the Board has determined to administer its own funds and
has done so by Resolution 85-438. The District's General Manager shall be responsible for
managing District enterprise and capital funds. The treasurer shall be authorized to open
and maintain accounts in institutional depositories qualifying pursuant to Government Code
Sections 53530 through 53683 to administer said funds. (Ord. 30, 1999) All transactions
made by treasurer must be made available to the General Manager.
Section 4.01.020. Treasurer. The Board shall appoint a treasurer who shall post a
fidelity bond in an amount as determined by the Board. The clerk shall ensure that said
bond remains on file and is in effect at all times. Said bond may be a master bond.
(Reso. 85-438, 1985)
Section 4.01.030. Warrants. In accordance with Health and Safety Code 6794, all
warrants shall be approved by a resolution which sets forth the name of the payee, the fund
from which paid, and the general purpose of the payment. (Ord. 30, 1999)
Section 4.01.040. Signatures. The signature of the Treasurer and President shall
both be required on any instrument withdrawing funds from District accounts. A facsimile
signature may be used for such purpose. (Ord. 30, 1999)
Section 4.01.050. Assessment Changes. The General Manager or his/her
designee shall have the authority to make changes, corrections and cancellations on the
tax roll with respect to special assessments. (Reso. 97-603, 1997)
Section 4.01.060 Basic Penalty and Interest Provisions Adopted. There is
imposed on all charges that remain due and unpaid a basic penalty in the amount of ten
percent of the amount owed, and in addition there shall be a penalty of one and one-half
percent per month on the amount of the charges and basic penalty that shall also be
imposed on the persons who owe the money. (Ord. 104, 2015)
[28]
Chapter 4.02 - District Investments
Section 4.02.010. District Investment Policy. Pursuant to the provisions of
Government Code Section 53630 et seq. the Board shall adopt an Investment Policy
Statement that shall be consistent with State law and the Board's wishes. Said investment
policy shall be reviewed annually and approved at an annual meeting. The Board shall
review the District's investments on at least a quarterly basis. (Ord. 30, 1999) (Ord. 88, 2012)
[29]
Chapter 4.03 - Financial Policies
4.03.010 Summary. A summary of the District's Financial Policies includes the following
principles:
(a) Operating Reserves: The District will maintain a minimum designated
Reserve for Working Capital equal to 30% of its operating budget within its Solid Waste
Fund and- 25% of its operating budget within its Wastewater Fund.
(b) Fairness and Equity: All customers of the District will pay their fair,
equitable, and proportionate cost of the services provided by the District.
(c) Recurring Revenue Growth: Recurring expenditure increases should not be
approved which exceed recurring revenue growth. Any new or expanded programs will
be required to identify new funding sources and /or off - setting reductions in expenditures.
(d) Risk Management/Retention: The District will maintain appropriate reserves
for general liability claims and other programs or self-insured risk retention levels to meet
statutory requirements and actuarially projected needs.
(e) Long Range Fiscal Perspective (Capital Expenditure Policy): The District
will maintain a long -range fiscal perspective through the use of an Annual Operating
Budget, Long Range Capital Improvement Program, and multi -year revenue and
expenditure forecasting.
(f) Capital Improvements: Major capital improvement projects will be funded
using the most financially prudent method available. Such methods include: 1) Traditional
long -term financing (bond issues); 2) "Pay As You Go" financing (using recurring
revenues only); 3) Combination of debt financing and "Pay As You Go" financing; and, 4)
Using accumulated cash reserves in excess of policy requirements.
(g) Generally Accepted Accounting Principles: District staff shall comply with all
generally accepted accounting principles promulgated by the state and federal
government, regulatory agencies such as the Government Accounting Standards Board
(GASB) and relevant professional associations such as the Government Finance Officers'
Association (GFOA). (Ord. 34, 2000; Ord. 108, 2015)
(h) The General Manager shall have the authority to transfer up to fifty
thousand dollars ($50,000) from savings, from account to account or between personnel,
maintenance & operations and capital outlay unless otherwise prohibited by law. Funds
shall not be transferred between the solid and liquid waste funds. Transfers over fifty
thousand dollars must be approved by the Board of Directors. (Ord. 82, 2011)
4.03.020 Operating Reserves. This policy establishes a minimum level of Reserves for
Working Capital within Operating Funds of the District. Operating Funds of the District
consist of the Solid Waste Fund and the Liquid Waste Fund.
(a) Policy: The District will maintain a minimum designated Reserve for Working
Capital equal to 30% of its operating budget within its Solid Waste Fund, and 25% of its
operating budget within its Wastewater Fund.
[30]
(b) Operating Reserves Required: The Reserves for Working Capital for
Operating Funds will be maintained at a level equal to 30% of its operating budget within
its Solid Waste Fund, and 25% of its operating budget within its Wastewater Fund, for the
fiscal year. The District has a period of negative cash flow for the first five months of the
fiscal year until such time as the annual charges have been collected and remitted to the
District. This level of operating reserve provides the District with the necessary liquidity
and resources to cover this period of negative cash flow as well as unanticipated
expenses. It is prudent for governmental entities to maintain operating reserves which
constitutes a sound operating practice as determined by oversight bodies, professional
organizations, bond rating agencies and bond insurance companies. The operating
reserve may only be accessed under the following circumstances, and only with Board
approval.
1. Federal /State budget cuts resulting in loss of grant funding;
2. Local revenue shortfalls due to a downturn in the local economy;
3. Increase in demand for specific services without another source of
recovery;
4. Legislative or judicial mandates to provide new or expanded services or
programs without new or fully off - setting revenues;
5. One -time Board approved expenditures;
6. Unexpected increases in inflation (Consumer Price Index); and,
7. Natural disasters (earthquakes, fires, or other general infrastructure
failures).
If the operating reserves are required to be used, staff will incorporate a plan to restore
the Reserves for Working Capital to 30% of the Solid Waste operating budget and 25% of
the Liquid Waste operating budget as part of the subsequent year's proposed budgets.
(Ord. 34, 2000; Ord. 71, 2008; Ord. 108, 2015)
Section 4.03.030. Fairness and Equity. This policy establishes District policy
with regard to the calculation of rates and charges to District customers. It is the intention
of this policy to ensure that all classes of users are equitably charged for the services
rendered.
(a) Policy: All customers of the District will pay their fair and proportionate cost
of the services provided by the District.
(b) Effective Date: The effective date of this policy is July 1, 2000.
(c) Date Adopted: July 13, 2000. (Ord. 34, 2000)
Section 4.03.040. Recurring Revenue Growth. This policy sets forth that
recurring revenue growth (inflation) will be used to pay for recurring expenditures.
[31]
(a) Policy: Recurring expenditure increases should not be approved which
exceed recurring revenue growth. Any new or expanded programs will be required to
identify new funding sources and/or offsetting reductions in expenditures.
(b) Matching Revenue to Expenditures: Recurring revenue growth may not
always increase at a rate equal to or faster than the recurring expenditures it supports.
As a result, the District will avoid using such growth as start-up revenue for new projects
or programs that have ongoing costs. Increases in service levels should be supported
by new or increased revenue sources or reallocation of existing resources. If normal
revenue inflation and/or growth does not keep up with expenditures inflation, the District
will decrease expenditures or seek new revenue sources. If long-term revenues grow at
a rate faster than expenditures inflation, the Board can consider expanding service
levels accordingly or reducing rates, fees, charges, etc.
(c) Effective Date: The effective date of this policy is July 1, 2000.
(d) Date Adopted: July 13, 2000. (Ord. 34, 2000)
Section 4.03.050. Risk Management/Retention. The District will
maintain adequate levels of reserves for self-insured risk retention levels.
(a) Policy: The District will maintain appropriate reserves for general liability
claims and other programs or self-insured risk retention levels to meet statutory
requirements and actuarially projected needs.
(b) Risk Management/Liability Reserves: General liability insurance reserves
are maintained in a sufficient manner to fund the District’s recorded liabilities for lawsuits
and other claims arising out of the ordinary course of business. These reserves should
also be maintained in such a manner to fund estimated losses for claims and judgments,
levels of self-insurance or other retained risks. Losses for claims incurred but not reported
may be pre-funded in the reserves or may be funded when the probable amount of loss
can be reasonably estimated. Such reserves will also meet all applicable statutory
requirements. The minimum level of the reserves will be determined on an annual basis.
If the reserves drop below levels prescribed by this policy and cannot be readily
replenished, staff will bring the matter to the Board’s attention. In discussing the
inadequacy of the reserves with the Board, staff will make every effort to give the Board
viable options in choosing the best course of corrective action.
(c) Effective Date: The effective date of this policy is July 1, 2000
(d) Date Adopted: July 13, 2000. (Ord. 34, 2000)
Section 4.03.060. Long Range Fiscal Perspective (Capital
Expenditure Policy). A long range fiscal perspective will be maintained to provide a
more comprehensive overview of the District’s needs.
(a) Policy: The District will maintain a long-range fiscal perspective
through the use of an Annual Operating Budget, Long Range Capital Improvement
[32]
Program, and multi-year revenue and expenditure forecasting. The General Manager
shall develop and annually update a long range projection of capital expenditures. The
first year of the projection will be incorporated into the annual budget of non-operating
funds. The Board of Directors will consider projects based on necessity and availability
of financing and establish project priorities based upon staff recommendations. The
Capital Expenditure Program shall be reviewed and updated annually. It is recognized
that with time, certain factors will change and influence specific projects requiring
acceleration, deferment, termination or adjustment in the scope of a project. The annual
update will provide a review to consider such changes. Prior to commencement of any
design or construction work on any project covered in the Capital Improvement Program,
the project shall be submitted to the Board of Directors for authorization to proceed.
(b) Long Range Planning: A long-range financial perspective is essential to
provide a more comprehensive and thorough overview of the District’s long-term financial
needs. Components of this action plan include the use of an Annual Operating Budget
and multi-year revenue and expenditure projections. This approach will be supported by
staff’s use of historical data and comparative data as appropriate. In addition, a Long
Range Capital Improvement Program will be maintained and annually updated to help the
Board better understand the potential long-term funding sources and cost impacts on the
District’s operating budget.
(c) Effective Date: The effective date of this policy is July 1, 2000.
(d) Date Adopted: July 13, 2000. (Ord. 34, 2000)
Section 4.03.070. Capital Improvements. The District will develop appropriate
funding mechanisms for long-term capital improvements.
(a) Policy: Major capital improvement projects will be funded using the most
financially prudent method available. Such methods include: 1) Traditional long-term
financing (bond issues); 2) “Pay As You Go” financing (using recurring revenues only); 3)
Combination of debt financing and “Pay As You Go” financing; and, 4) Using accumulated
cash reserves in excess of policy requirements.
(b) Capital Improvement Funding: The traditional method to obtain funds for major
capital improvement projects has been to issue long-term debt instruments such as bonds,
Certificates of Participation (CoPs), etc., which mature 15 to 30 years from the date if
issuance. In general, a bond issue’s maturity should approximate the useful life of the asset
being financed. Long-term capital improvement financing needs should be financed, as much
as possible, with long-term debt (bonds). Short-term capital improvement financing needs
should be financed with short-term debt (short-term lease purchase, revenue anticipation
notes, etc.). However, it is also acceptable to use cash which has been accumulated in
excess of policy requirements to pay for either long-term and/or short term capital
improvements. The actual use of accumulated cash for such projects will be determined by
the District Board on a case-by-case basis. It is the District’s practice to use whatever
financing mechanism(s) that best meets the goals and objectives of the applicable capital
improvement project(s).
[33]
Specifically, the following general rules will be used in determining what to finance
and how:
1. Capital improvement projects of less than $100,000 should be financed out of
operating revenues (or accumulated cash). Such projects may be included in the Long
Range Capital Improvement Program (CIP).
2. Capital improvement projects in excess of $100,000, or inter-related projects in
excess of $100,000, will be made a part of the Long Range CIP, and all such projects should
be grouped to allow effective use of financing mechanisms or other funding sources.
3. On-going expenses related to Capital Improvement Program projects (e.g.
maintenance and staffing costs) must be identified and the source of on-going revenues to
support those costs must be identified. Debt financing will not be used to support on-going
operating costs.
4. Prior to commencement of any design or construction work on any project
covered in the Capital Improvement Program, the project shall be submitted to the Board of
Directors for authorization to proceed.
(c) Effective Date: The effective date of this policy is July 1, 2000.
(d) Date Adopted: July 13, 2000. (Ord. 34, 2000)
Section 4.03.080. Generally Accepted Accounting Principles. The
District will comply with all generally accepted accounting principles promulgated by the
state and federal government, regulatory agencies, and relevant professional
associations.
(a) Policy: District staff shall comply with all generally accepted accounting
principles promulgated by the state and federal government, regulatory agencies such as
the Government Accounting Standards Board (GASB) and relevant professional
associations such as the Government Finance Officers’ Association (GFOA).
(b) Standard: All books and records shall be maintained in accordance with
such standards promulgated by the aforementioned agencies. Financial statements shall
be prepared and presented to the Board on a periodic basis as determined by the Board
and in such a format so as to conform to professional reporting standards and in sufficient
detail to provide the Board with information necessary for management decision-making
purposes. In full compliance with California Government Code Section 53646, the District
Treasurer, will prepare a formal set of Investment Policies for Board of Directors adoption.
This is to be done on an annual basis.
(c) Effective Date: The effective date of this policy is July 1, 2000.
(d) Date Adopted: July 13, 2000. (Ord. 34, 2000)
Chapter 4.04 - Purchasing
[34]
Section 4.04.010. Title. This chapter shall be known and may be cited and
referred to as the "Purchasing Ordinance of the Costa Mesa Sanitary District.”
Section 4.04.020. General Purpose. The purpose of this chapter is to define a
uniform system for the purchase of supplies, services and equipment by the District, to
provide for the fair and equitable treatment of all persons involved in the purchasing
process, to obtain the highest possible value in exchange for public funds and to
safeguard the quality and integrity of the purchasing system.
Section 4.04.030. Definitions.
(a). Unless otherwise indicated, the following definitions shall apply to all
provisions of this chapter:
1. “Act” means the Uniform Public Construction Cost Accounting Act found in
Public Contract Code Section 22000 et seq.
2. “Alternative purchasing procedure” means purchasing supplies, services or
equipment when any of the following situations exist: An emergency; no competitive
market; competitive bidding already completed; state purchases; or no bids received.
3. "Best value" means the best value to the District based on all factors that
may include, but not limited to the following:
A. Cost;
B. The ability, capacity and skill of a contractor to perform a contract or provide
the supplies, services or equipment required;
C. The ability of a contractor to provide the supplies, services or equipment
promptly or within the time specified without delay or interferences;
D. The character, integrity, reputation, judgment, experience and efficiency of
a contractor;
E. The quality of a contractor's performance on previous purchases/services
with the District; and
F. The ability of a contractor to provide future maintenance, repairs, parts and
services for the use of the goods and services purchased.
4. “Authorized contracting party” means the District official or body provided
with authority under this chapter to approve a contract or to make a purchase.
5. “General Manager” means the general manager or person designated by
the general manager to perform all or some of the duties prescribed in this chapter.
[35]
6. “Commission” means the California Uniform Construction Cost Accounting
Commission created by Division 2, Part 3, Chapter 2, Article 2 of the California Public
Contracts Code (commencing at Section 22000).
7. “Direct bidding procedure” means quotes shall be obtained, if applicable
for purchases more than five thousand dollars ($5,000) and less than thirty thousand
dollars ($30,000) and a Pricing Quote Sheet completed. The general manager shall
approve final selection
8. “Emergency” for purposes of public projects shall have that meaning
provided in Public Contract Code Sections 22035 and 22050. Emergency for all other
purchasing purposes means a situation which makes competitive bidding, either formal
or informal, impractical or not in the best interests of the District.
9. “Formal bidding procedure” means a procedure which meets the
requirements of state and local law, including the Act, this chapter and any policies and
procedures approved by the general manager consistent with this chapter.
10. “Informal bidding procedure” means that at least three (3) bids shall be
obtained from a predetermined vendor list for purchases of more than thirty thousand
dollars ($30,000) and less than one hundred twenty five thousand dollars ($125,000) and
the general manager shall approve final selection.
11. “Maintenance work” shall have that meaning provided in Section 22002(d)
of the Act, as that Section may be amended from time to time. In accordance with the Act,
maintenance work shall include, but shall not be limited to, all of the following:
A. Routine, recurring, and usual work for the preservation or protection of any
publicly owned or publicly operated facility for its intended purposes.
B. Minor painting.
C. Sewer maintenance, including videotaping, cleaning, manhole restoration
and pump station maintenance are repairs.
D. Maintenance of facilities, including roof repairs, heating and air conditioning
repairs, and electric repairs.
E. Vehicle and equipment maintenance and repairs.
12. “Negotiated contract” shall mean a written agreement which details terms
and conditions of the purchase.
13. “Professional services” means all services performed by persons in a
professional occupation, including, but not limited to, consulting and performance
services for accounting, auditing, computer hardware and software support, engineering,
architectural, planning, financial, legal, management, environmental, communication and
[36]
other similar professional functions which may be necessary for the operation of the
District.
14. “Public project” shall have that meaning provided in Section 22002(c) of the
Act, as that Section may be amended from time to time. In accordance with the Act, public
project shall not include maintenance work. In addition, public project shall include, but
shall not be limited to the following:
a. Construction, reconstruction, erection, alteration, renovation, improvement,
demolition involving any publicly owned, leased, or operated facility.
15. “Purchasing officer” means the general manager or his or her designee(s)
as provided in Section 4.04.040. Pursuant to Section 4.04.040, the general manager may
change his or her designation at any time.
Section 4.04.040. Purchasing Officer. The purchasing officer shall be the
general manager or his or her designee(s). If the general manager designates one or
more persons to act in this role, the purchasing officer(s) shall serve at the pleasure of
the general manager. The duties of the purchasing officer may be combined with those
of any other officer(s) or position(s).
Section 4.04.050. Purchasing Officer - Powers and duties.
(a). The purchasing officer, in accordance with the policies set forth in this
chapter and in any written procedures approved by the general manager consistent with
this chapter, shall have the power to:
1. Purchase or contract for supplies, services and equipment required by the
District.
2. Negotiate and recommend to the Board of Directors execution of contracts
for the purchase of supplies, services and equipment.
3. Prepare and implement policies and procedures governing the bidding,
contracting, purchasing, storing, distribution and disposal of supplies, services and
equipment for the District.
4. Prescribe and maintain such forms as may be reasonably necessary to the
implementation of this chapter and any other policies and procedures approved by the
general manager consistent with this chapter.
5. Sell any supplies and equipment not needed for public use or that may
become unsuitable for their intended use.
6. Develop and maintain any bidder’s list, contractor’s list or vendor’s catalog
file necessary to the operation of this chapter and any other policies and procedures
approved by the general manager consistent with this chapter.
[37]
Section 4.04.060. Purchasing Policies and Procedures.
(a). The District shall secure supplies, public projects and equipment at the
lowest cost commensurate with the quality and scope needed, and subject to any
limitations imposed by state law.
(b). The District shall secure professional and maintenance services based on
Best Value and subject to any limitations imposed by state law.
(c). In purchasing, supplies, services and equipment, the District shall make use
of competitive bidding, either direct, formal or informal, whenever required by law, this
chapter, or any policies and procedures approved by the general manager consistent with
this chapter.
(d). Direct, formal or informal competitive bidding is not required, for instance,
when an “emergency” is declared pursuant to Section 4.04.120(a) of this chapter.
(e). Change Orders. The general manager shall have the authority to approve
change orders up to the cumulative amount of ten percent of the original contract or fifteen
thousand dollars ($15,000), whichever is greater. The Board of Directors shall have the
authority to approve any change order exceeding that amount. (Ord. 92, 2012)
Section 4.04.070. Bidding, Purchasing and Contracting.
(a). $5,000 or less: Any purchase of $5,000 or less may be awarded by the general
manager or his or her designee(s) responsible for the project by any direct bidding
procedure as defined herein.
(b). $5,001 - $125,000: Any purchase of more than five thousand dollars ($5,000),
but less than or equal to one hundred twenty-five thousand dollars ($125,000) may be
awarded by the general manager pursuant to the informal bidding procedure set forth in
Section 4.04.100.
(c). $125,001 or more: Any purchase of more than one hundred twenty-five
thousand dollars ($125,000) shall be awarded by the Board of Directors pursuant to the
formal bidding procedure set forth in Section 4.04.110.
(d). District Engineer Approval: The district engineer shall review and approve the
working details, drawings, plans, and specifications prepared for public projects.
(e). Purchasing Officer Approval: The purchasing officer, or his or her designee,
shall review and approve all contracts of five thousand dollars ($5,000) or more.
[38]
(f). Five-Year Term Limitation: No agreement or contract shall extend for a period
of more than five (5) years, including any authorized extensions. Exempted from the
foregoing limitation shall be the trash and recycling contracts and the professional
services contracts for those persons serving as District Officers including General
Manager, District Engineer, District Counsel and District Treasurer. It is recognized that
firms may provide these services. Also exempted from the bidding limitations shall be
firms providing highly specialized or technical services that the Board or General Manager
have determined require familiarity and/or continuity due to specialized knowledge of the
system, specialized expertise not obtainable by utilizing the bidding process, or other
unique factors that would make bidding meaningless. (Ord. 111, 2015)
(g) Ten-Year Term Limitation for Trash and Recycling Contracts: No agreement
or contract for trash and recycling services shall extend for a period of more than ten (10)
years, including any authorized extensions. (Ord. 90, 2012)
Section 4.04.080. No Bidding Requirement. In purchasing, supplies,
services and equipment that will cost $5,000 or less no bids are required. The District
shall negotiate the best price for the District and issue a purchase order. Bidding is also
not required to obtain the services of professionals, as defined below.
Section 4.04.090. Direct Bidding Procedure.
(a). Direct bidding procedures shall be used for purchases between $5,001 and
$30,000.
(b). If practical, at least three (3) vendors or contractors shall be contacted to
provide informal quotes.
(c). Quotes received will be documented on the District “Quote Sheet”.
(d). District’s Authority: The District may reject any or all bids received, and may
waive any minor irregularities in each bid received.
Section 4.04.100. Informal Bidding Procedure.
(a). Informal bidding procedures shall be used for purchases between $30,001
and $125,000.
(b). Public projects, as defined by the Act and in accordance with the limits listed
in Section 22032 of the Public Contract Code, may be let to contract by informal
procedures as set forth in Section 22032, et seq., of the Public Contract Code.
(c). A list of contractors shall be developed and maintained in accordance with
the provisions of Section 22034 of the Public Contract Code and criteria promulgated from
time to time by the California Uniform Construction Cost Accounting Commission.
(d). Notice Inviting Informal Bids. Where a public project is to be performed
[39]
which is subject to the provisions of this chapter, a notice inviting informal bids shall be
mailed to all contractors for the category of work to be bid, as shown on the list developed
in accordance with Section 4.04.100(b), and to all construction trade journals as specified
by the California Uniform Construction Cost Accounting Commission in accordance with
Section 22036 of the Public Contract Code. The notice shall describe the project in
general terms and how to obtain more detailed information about the project, and state a
time and place for submission of the bids. Additional contractors and/or construction
trade journals may be notified at the discretion of the District soliciting bids, provided
however:
1. If there is no list of qualified contractors maintained by the District for the
particular category of work to be performed, the notice inviting bids shall be sent only to
the construction trade journals specified by the Commission.
2. If the product or service is proprietary in nature such that it can be obtained
only from a certain contractor or contractors, the notice inviting informal bids may be sent
exclusively to such contractor or contractors.
(e). Professional services and maintenance work that will cost between $30,001
and $125,000 shall be evaluated using the “Best Value” method.
1. If practicable, at least three (3) vendors or contractors shall be asked to
submit informal bids, and the District shall endeavor to receive informal bids from at least
three (3) vendors or contractors.
(f). Proprietary Projects or Products: If the general manager certifies that, to the
best of his or her knowledge, the product or service is proprietary in nature and can be
obtained only from a limited number of contractors, and that no equivalent products or
services are available, the notice inviting informal bids may be sent exclusively to such
vendor(s) or contractor(s).
(g). District’s Authority: The District may reject any or all bids received, and may
waive any minor irregularities in each bid received.
(h). Proposal Submittal: Contractors shall submit their proposals in writing.
(i). No Bids Received: If no bids are received, the general manager may
award the contract by any alternative purchasing procedure.
Section 4.04.110. Formal Bidding Procedure.
(a). This formal bidding procedure shall be used for purchases greater than
$125,000 or whenever formal bidding purchasing is otherwise required by this chapter.
(b). The formal bidding procedure shall comply with all aspects of state and local
law governing formal bidding, including, but not limited to, the Public Contract Code,
Government Code, Labor Code, resolutions of the Board of Directors as may be adopted
from time to time, and policies and procedures as the general manager may approve from
time to time.
[40]
(c). The notice inviting formal bids shall comply with Section 22037 of the Act,
as such section may be amended from time to time. For public projects only, the notice
inviting formal bids shall be published at least 14 days before the date of opening a
newspaper of general circulation as defined in Section 22037 of the Act. The notice shall
also be sent to all construction trade journals specified in Section 22036 of the Act at least
thirty (30) calendar days before the date of bid opening. Any other notice as may be
deemed proper may also be given for any particular project.
(d). The Board shall adopt plans, specifications and working details for projects
subject to formal bidding.
(e). Professional services and maintenance work that will cost more than
$125,000 shall be evaluated using the “Best Value” method.
(f). District’s Authority: The District may reject any or all bids received, and may
waive any minor irregularities in each bid received.
(g). Proposal Submittal: Contractors shall submit their proposals in writing.
(h). No Bids Received: If no bids are received, the authorized contracting party
may award the contract by any alternative purchasing procedure.
Section 4.04.120. Using alternative purchasing procedures.
For non-Public Projects and other situations provided in this section, an alternative
purchasing procedure which results in a negotiated contract, force account, purchase
order or any other procedure determined by the general manager to be in the best
interests of the District and in compliance with the District’s policies and procedures may
be used.
(a). Emergencies: In situations determined by the general manager to constitute
an emergency for a public project pursuant to Section 22035 of the Act and Public
Contract Code Section 22050. The Board of Directors hereby delegates to the general
manager the power to declare a public emergency and take any directly related and
immediate action required by the emergency. Work shall be performed without the benefit
of competitive bidding, either formal or informal, only so long as necessary under those
sections. The general manage shall report to the Board at successive regular meetings
stating the justification for continuing with the emergency work.
(b). Competitive Bidding Already Completed: When the authorized contracting
party determines that a competitive bid procedure has been conducted by another public
agency (e.g. through California Multiple Award Schedules or U.S. General Services
Administration) and the price to the District is equal to or better than the price to that public
agency.
(c). State Purchase: When the purchase is made on behalf of the District by the
State Department of General Services.
[41]
(d). No Bids Received: When no bids are received pursuant to either the public
project informal bidding procedure or the formal bidding procedure.
(e). No Competitive Market: When the general manager determines that a
competitive market does not exist, such as, but not limited to, with memberships in certain
professional organizations, meetings, conventions, some forms of travel, legal advertising
and when the needed supplies, services and equipment are proprietary and can only be
provided by one source.
(f). Best Interests of the District: When the Board of Directors, on
recommendation of the general manager, determines that an alternative procedure will
be in the best interests of the District and the policies set forth in this chapter.
Section 4.04.130. Debarment.
The District shall not do business with any person, firm, corporation, or any other
entity convicted of any felony. (Reso. 94-541, 1994)
Section 4.04.140. Signature.
In accordance with the Health and Safety Code Section 6487, all contracts must
generally be signed by the President and countersigned by the Secretary. Purchases
orders and contracts for purchases of goods or services or public works below One
Hundred Twenty Five Thousand Dollars ($125,000) may be signed by the General
Manager or person formally authorized by the Board by resolution to sign on behalf of the
District. Purchase orders and contracts $5,000 or less may be signed by the General
Manager or person designated to sign by the General Manager.
[42]
Chapter 4.05 - Payments
4.05.010. Purpose. This Chapter enacts procedures for the payment of claims
consistent with Government Code Section 53910 et seq.
4.05.020. Payments Conforming to Budget. The District Board of Directors
delegates to the General Manager the approval of all warrants, including payroll after
warrants drawn in payment demands are certified by District Accountant as conforming
with the adequate appropriations that have been previously approved and adopted by the
Board. Budgeted demands paid by warrant prior to audit by the Board of Directors,
excluding payroll, shall be presented to the Board of Directors for ratification and approval
at the next regular Board meeting after delivery of warrants. The payroll warrants will be
aggregated and submitted in total to the District Board of Directors at the next regular
Board meeting.
4.05.030. Audit Procedure. The Board of Directors shall audit and ratify all
payments on their warrant register each month or at such other intervals as it shall
determine. (Ord. 47, 2004)
[43]
TITLE 5
Chapter 5.01 - Annexations
Section 5.01.010. Policy. It is the policy of the District that no property may be
served for sewer or trash unless the same has been annexed to the District and all
appropriate fees paid for such annexation. (Ord. 20, 1989)
Section 5.01.020. Exceptions. In accordance with Government Code Section
56133 or successor statute (if applicable), and if the Orange County Local Agency
Formation Commission (OC LAFCO) first approves of such service within the District's
sphere of influence, the Board may determine, in extraordinary circumstances, that a
property may be served by a service agreement. Such an agreement should not be entered
into unless the Board has determined that it is in the best interests of the inhabitants of the
District. (See Trimont v. Truckee Sanitary District (1983) 193 Cal. Rptr. 568) (Ord. 20,
1989; Ord. 30, 1999)
Section 5.01.030. Procedure. The following is the typical procedure for processing
an application to annex to the District:
(a) Applications by the legal owner of the property initiates the process. The District
Engineer shall thereafter coordinate the process.
(b) The District Engineer assigns an annexation number and the applicant shall
deposit a check covering District and other agency fees.
(c) The District Engineer shall prepare a map and legal description and forwards
the map and legal description to the County of Orange Surveyor's Office for approval and
then to the District Counsel to prepare the resolutions required.
(d) District Engineer shall determine if the appropriate environmental review has
occurred.
(e) District warrants shall be prepared for processing through OC LAFCO, the State
Board of Equalization and the County of Orange.
(f) The District staff shall develop a detailed procedure that describes this
process in greater detail and maintain that procedure for use of staff and the public.
(Ord. 30, 1999)
[44]
TITLE 6
Chapter 6.01 - Sewer Construction and Permits
Section 6.01.010. Sewer Main Construction. All sewer mains shall be installed in
accordance with the Standard Plans and Specifications for the Construction of Sanitary
Sewers, as the same may be amended from time to time. (Ord. 30, 1999)
Section 6.01.015 Plumbing Code Adopted. The California Plumbing Code, 2010
edition, or such later edition as may be adopted by the State of California, as set forth in
Title 24 of the California Administrative Code and Appendix L, is hereby adopted by
reference as the Plumbing Code for the District and shall apply to sewer system plumbing
in the District to the extent not otherwise provided for in the District’s Operations Code
Violations of the Plumbing Code shall be punishable as a misdemeanor as provided in
Section 1.02.010 of the Operations Code.
(Ord. 80, 2010)
Section 6.01.020. Sewer Lateral Construction. All sewer laterals connected to a
District sewer main shall meet the requirements of the District's Sewer Lateral
Specifications, as the same may be amended from time to time. (Policy Statement
7/8/1982)
Section 6.01.030. Sewer Lateral Extension. When the local agency determines
to acquire additional right of way to widen any street or to perform any similar project, the
local agency shall also cause the construction design to include the extension of the existing
sewer laterals with respect to meeting District approved size, material and slope from the
prior property line to the new property line. After District has inspected, approved and
accepted the extensions, the District will reimburse the local agency for the cost of these
extensions. The District retains the right to extend said laterals in its discretion. (Policy
Statement 12/4/1974)
Section 6.01.040. Sewer Laterals for Common Developments. Condominiums,
townhomes, cooperatives and other land uses in which there is a right to ownership of some
part of their living units but common ownership of other land and appurtenances, may have
private sewage collection systems that may connect to the Districts sewer main and/or
sewerage system under the following conditions:
(a) Providing there is some form of a common governing body capable of obligating
itself to the District for repair, maintenance and upkeep;
(b) Providing that there is an independent lateral from each living unit to the central
gathering system;
(c) Providing that the entire system that is located, on private property including but
not necessarily limited to, laterals, central gathering system, clean-outs, and other portions
of the system, comply with the Uniform Building Code of the jurisdiction in which the project
is constructed;
[45]
(d) Providing the governing body agrees to comply with District Operations Code
with respect to maintenance;
(e) Providing that the covenants, conditions and restrictions to be recorded on the
project contain provisions providing for individual laterals, a central gathering system,
compliance with District Operations Code and such other requirements as the District may
establish from time to time, said conditions, covenants and restrictions to be approved by
the District Counsel;
(f) Such other conditions as the Board may uniformly impose from time to time.
The District may, at its option, accept the central gathering system as District lines
assuming the obligation of maintenance, repair and upkeep, provided right-of-way for said
central gathering system is dedicated to the District and said central gathering system is
constructed in accordance with standard specifications of the District and is inspected and
approved by District Engineer. (Policy Statement 2/11/1982)
Section 6.01.045. Multiple Single Family Dwellings on a Single Lateral
Prohibited. Multiple single-family dwellings shall not be connected to a single sewer
lateral but shall each have their own lateral unless one of the following criteria is met:
(a) When those dwellings are part of a common interest development which
has conditions, covenants and restrictions (CC&Rs) establishing a homeowner’s
association and where such CC&Rs impose the burden of maintaining the lateral on the
association and such CC&Rs also meet the approval of the District.
(b) For preexisting single-family homes connected to a single sewer lateral
before the District enacted its laws requiring a separate lateral to serve each single-family
residence, provided those residences do not undergo a major enlargement or remodel
and provided no sewer spills have occurred from said residence.
(c) For preexisting single-family homes connected to a single sewer lateral
before the District enacted its laws requiring a single sewer lateral, that undergoes a major
enlargement or remodel, provided that the owners comply with the District’s televised
sewer lateral program, as described in Chapter 6.03.
(d) For purposes of this section, a “major enlargement or remodel” shall occur
when the costs of said remodel exceeds $50,000 or adds in excess of 300 square feet.
(e) Other than as provided above, no person shall connect, permit, maintain or
cause to be connected or maintained, more than one single-family dwelling on a single
sewer lateral. Each person connecting, maintaining or permitting a single-family dwelling
to be connected in violation of this section shall be guilty of a misdemeanor and
punishable as provided in Chapter 1.02 of this code. (Ord. 61, 2007)
Section 6.01.050. Major Private Sewer Works on Private Property. The following
preconditions shall apply before a connection is made to District facilities of a major private
sewer works located on private property:
[46]
(a) Sewer plans shall have been approved by the District Engineer;
(b) At the option of the developer of said sewer project, the project may be
inspected in its various stages of construction by the District Engineer;
(c) Deposits with the District shall have been made of a sum of money established
by the District Engineer against which the District may draw to cover said sewer plan
approval and inspection;
(d) Provide to both the District and the City of Costa Mesa, the County of Orange,
or the City of Newport Beach as the case may be, a registered civil engineer's certification
that said private sewer project construed on private property and connected to District
facilities was constructed in accordance with District's standards.
(e) Developer shall submit evidence from the City of Costa Mesa, County of
Orange, or the City of Newport Beach, as the case may be, that District public works
standards are acceptable for the sewer design in lieu of the Uniform Plumbing Code.
(Reso. 94-550, 1994)
Section 6.01.060. Sewer Lateral Specifications. The following shall be the
District's sewer lateral specifications:
(a) Material of pipe - Any sewer line between the property line and sewer main shall
be made of ductile iron pipe, vitrified clay pipe or of such other materials that may meet the
approval of the Costa Mesa Sanitary District.
(b) Placement - All sewer laterals shall be placed at such a depth that the top of the
pipe is five (5) feet below the top of the curb. Where there is no curb or established grade,
the top of the lateral must be at least five (5) feet below the ground surface.
Every building and structure situated within the boundaries of the Costa Mesa
Sanitary District shall have separate and independent sewer connections. In instances
where more than one building or structure is situated upon the same lot and owned by the
same person, firm or corporation, a permit may be granted by the Sanitary District to allow
joint use of a connecting sewer line.
(c) Grade - All sewer grades must be at least one-quarter of an inch to the foot
sloping towards the outlet and all sections must be laid in perfect line on bottoms and sides.
Anything less than a 2% fall is subject to approval by the District Engineer. Cross cuts deep
enough to receive the socket of the pipe shall be cut in bottom of the trench so that the pipe
will not rest on the socket, but have a bearing the full length of the pipe.
(d) Size of pipe - All sewer laterals in the right-of-way shall be six inches in diameter.
All native soil must be removed and backfilled as required by the District Engineer.
(e) Alignment - All changes in the direction of sewer lines shall be made by the use
of wyes (Y's) and one-eighth bends. Where pipes of different materials but of the same
[47]
diameter are to be jointed, connection shall be made so that the flow line of the two pipes or
fittings are to be level.
(f) Openings - All wyes (Y's) and tee openings in sewers, which are not used for
connections shall be closed by approved plugs.
(g) Clean-outs - A clean-out must be provided behind the property line and the top
must not be less than one foot below the grade. All clean-outs shall be made with the use
of a wye (Y), and shall run towards the sewer main.
(h) Inspection - The Costa Mesa Sanitary District shall provide for the inspection
and approval of the construction of all street connections and house sewers to be built within
the District. (Policy Statement 7/8/1982)
Section 6.01.070. - Acceptance and Inspection of Sewer Lines. No dedication
will be accepted and no tie into District facilities will be allowed where the District Engineer
has not approved plans and drawings and has not inspected the project during its course of
construction. (Policy Statement 12/6/1967)
Section 6.01.080. Acceptance of Right of Way Easements. The following
conditions must be met before the District accepts any right of way for underground sewer
installation:
(a) Parties offering the right-of-way easements shall tender said right-of-way
easements on forms approved by District Engineer and supplied by the District:
(b) Said right-of-way easement documents are accompanied by a preliminary title
report showing the party offering the right-of-way easement to be the fee owner thereof:
(c) Said right-of-way easement documents shall be accompanied by such maps or
plats as may be required by the District Engineer; and
(d) No right-of-way documents will be offered to the District Board for acceptance
and recording until the District Engineer has approved the legal description and until the
District Counsel has approved the authority of the party signing the right-of-way easement
documents to convey right-of-way easement title to the District; and
(e) Permits for construction within the right-of-way easement will not be issued until
the Board has accepted the right-of-way easement documents in recordable form as
provided for herein; and
(f) Any improperly tendered documents will be returned to the offering party to be
corrected; and
(g) A copy of this Section be provided to any party proposing to offer a right of way
easement to the District. (Reso. 94-551, 1994)
[48]
Section 6.01.090. Extension/Oversizing. The District may require a developer or
owner to oversize or extend a line or appurtenance or provide additional lines or
appurtenances beyond what is required to serve the development being proposed. In such
cases the District may determine that it would be fair and equitable for future owners or
users of the lines or appurtenances to reimburse the developer for such additional costs on
a pro-rata basis with future owners/users. Such reimbursement may be allowed under the
following conditions:
(a) District may require sewer lines to be constructed by a developer of a parcel
or parcels at developer's expense to reach District facilities not immediately adjoining
developer's parcel.
(b) Other appurtenances or oversizing may also be required.
(c) Such sewer line or appurtenance construction may benefit other parcels which
adjoin the line constructed by developer.
(d Such other parcels should not enjoy a windfall benefit and should share in the
cost expended to sewer the first parcel or parcels.
(e) Prior to allowing connection to District facilities developers of a subsequent
parcel or parcels shall be required to enter into a contract with District whereby such
developer of subsequent parcel or parcels agrees to such developer's pro rata share of the
original construction cost under terms and conditions established by District.
(f) Upon receipt of said sum District shall forthwith remit said sum less
administrative costs to the initial developer having paid for the entire sewer line benefiting
all parcels.
(g) All sums unpaid when due as agreed upon by said contract shall bear interest
at the rate of six (6%) percent from the time due until paid.
(h) The District Engineer shall prepare for Board approval a report setting forth the
total cost of said sewer line construction, the cost to District for the administration of the
contract, the number and location of parcels to be served, the total of other District fees to
be shared by all benefiting parcels, and such other data that may be necessary for
reimbursement required by this Section.
(i) No reimbursement will be made beyond ten (10) years from the date of the final
approval of the project by the District Engineer.
(j) No connection to any District facility affected by this Section shall be allowed
until the provisions hereof shall have been fully complied with and approved by the District
Engineer. (Reso. 94-552, 1994)
[49]
Chapter 6.02 - Sewer and Lateral Maintenance
Section 6.02.010. District Maintenance. Unless provided otherwise by contract or
other arrangement, District shall maintain those sewer mains and appurtenances that it
owns. (Ord. 8, 1971; Ord. 30, 1999)
Section 6.02.020. Lateral Responsibility. The property owner shall maintain the
lateral that connects to District’s sewer main, including any portions that may lie within
the public right of way or Costa Mesa Sanitary District easement. Said laterals shall be
maintained in a safe, sanitary and unobstructed condition, and all devices or safeguards
which are appurtenant to and necessary for the operation thereof shall be maintained in
good working order. Hydrogen sulfide represents a particular corrosion and odor
problem. Owners shall comply with standards of the Orange County Sanitation District
with respect to effluent placed in the lateral including, but not limited to hydrogen sulfide,
which shall not exceed 0.5 milligrams per liter or such stricter standard as the Orange
County Sanitation District may adopt. (Ord. 8, 1971) (Ord. 81, 2010)
Section 6.02.030. Sewer or Lateral Work. All work done on or to any sewer or
lateral shall be done in a careful and prudent manner so as to not damage District facilities.
Only persons licensed appropriately and having all necessary permits shall be allowed to
do such work and may be required to post a bond before beginning with the project. (Ord.
8, 1971)
Section 6.02.040. Sewer Lateral Assistance Program. Based on a finding by
the Board that District’s assistance to private sewer lateral owners would serve a public
purpose and would assist in preventing Sanitary Sewer Overflows in the District, the
Board has determined to offer a sewer lateral assistance program, the details of which
shall be established in a resolution of the Board of Directors. (Ord. 63, 2007) (Reso.
2007-742, 2007)
Section 6.02.050. Prohibition. Every owner, tenant and persons using property
shall have a legal duty not to cause, permit or allow roots or other conditions to exist in
sewer laterals so that sewage spills or damage to District lines occur. (Ord. 83, 2011)
6.02.060. Abatement. Provided District can prove that a person, firm or
corporation caused or allowed, by failure to take effective maintenance measures, roots
or other conditions to occur in the sewer lateral so that a District line or appurtenance is
damaged or so that a sewer overflow occurs, or that a sewer overflow is imminent, District
may charge the responsible person for that damage and for the abatement costs of any
response necessary. District shall first provide the ostensibly responsible person with a
copy of the evidence that forms the basis of the proof, a copy of the District Engineer’s
tentative conclusions about the condition of the sewer lateral and any causes for that
condition, and a copy of this Chapter. Said responsible person shall have an appropriate
amount of time to respond to said charges in a hearing in which due process will be
provided. Generally, at least ten days’ notice of the hearing shall be given. If possible, the
[50]
responsible person shall be given notice at the time of the sewer overflow or damage if
the person is believed to be the cause at that time. The responsible person shall also be
provided with a copy of the charges incurred to date before the hearing if those are
available. (Ord. 83, 2011; Ord. 99, 2013)
Section 6.02.070. Reconstruction. In cases in which a property is a source of
sewer spills on more than one occasion, such that recurrence is likely, or in cases in which
there is an imminent danger of future sewer spills, the Board may order that a responsible
person reconstruct the sewer lateral or other appropriate device to protect the District’s
system or to protect against sewer system overflows that would be a violation of federal,
state or local law. Said order shall not be made unless the property owner and other
appropriate persons have been given notice of the proposed action and an opportunity to
address the Board of Directors regarding the proposed action. Any order to reconstruct
shall contain a finding that the action was necessary to protect the public health, safety
and welfare, which are threatened by future sewer spills that are otherwise likely. (Ord.
83, 2011)
Section 6.02.080. Termination of Service. The District shall also have the right,
in addition to any other rights that it may have, to terminate the property from District’s
service. Before such termination shall occur, District shall provide the due process
required by Health and Safety Code Section 6523.2. (Ord. 83, 2011)
Section 6.02.090. Violations. Any person violating any provisions of this
Chapter, including failing to take corrective action after being provided with a hearing
thereon, shall be guilty of a misdemeanor and punished as provided in Section 1.02.010
of this Code. (Ord. 83, 2011)
[51]
Chapter 6.03 - Televising and Repair of Sewer Laterals
6.03.010 Purpose. The District is under an Order from the State Water Resources
Control Board to enact laws to prevent Sanitary Sewer Overflows (SSOs) through the
adoption of a comprehensive Sewer System Management Plan. It has been recognized
that poorly maintained sewer laterals can cause SSOs, which may reach the storm water
system and ultimately the Santa Ana River and the Pacific Ocean. Televising of the sewer
laterals at appropriate times will reduce the amount of SSOs. The District finds that
requiring such televising at the times described is reasonable and rationally related to the
legal obligation of the District to help prevent sewer spills.
6.03.020 Events Requiring Televising of Sewer Laterals. Property owners shall
be required to cause an inspection of their sewer lateral prepared by a licensed plumber
and utilizing closed circuit television (CCTV) or other inspection determined by the District
Engineer to be equivalent in the following circumstances:
(a) Whenever a condominium conversion is proposed.
(b) Whenever a major remodel costing in excess of $50,000 or whenever an
enlargement of 300 square feet or more is added to a dwelling.
(c) Whenever two or more plumbing fixtures are added.
(d) Whenever a sanitary sewer overflow occurs at the property.
6.03.030 Requirements for a CCTV Inspection and Repairs. When required
under certain sections of the District’s Operations Code, the following procedure shall be
used by the property owner to obtain approval for the use of an existing sewer lateral:
1. The property owner shall have a closed circuit television (CCTV) inspection of
the sewer lateral performed by a licensed plumber.
2. The CCTV video shall show the date of the inspection, identify the beginning
point of the inspection, include an audio assessment of the proceedings by the
licensed plumber, and include a footage counter to identify points along and
the ending point of the inspection.
3. The licensed plumber shall mark on the ground surface directly above the
lateral for the benefit of the property owner the location of problem areas
including the incidence of roots, joint problems, pipe problems, infiltration, or
other significant findings.
4. The property owner shall furnish the District with a copy of the CCTV inspection
report within 14 days of the performance of the CCTV inspection. The District
shall review the CCTV inspection and shall respond with its findings within 14
days.
5. District Staff, including the District Engineer, the Operations Manager, and
Inspection staff shall review the CCTV inspection report and will assess
whether the existing lateral is sufficient in its existing condition or whether
rehabilitation is necessary.
[52]
6. If the CCTV inspection report discloses root intrusion that prevents the District
from observing the structural condition of the private sewer lateral, the property
owner may be required to have a licensed plumber remove the roots and
perform a second CCTV of the sewer lateral.
7. Based on the CCTV inspection of the sewer lateral, the District will evaluate the
condition of the sewer lateral and its ability to remain in adequate service for
30 additional years while preventing infiltration and the ability of any misaligned
joints or roots to cause a sanitary sewer overflow (SSO).
8. The District may require the property owner to rehabilitate the sewer lateral to
insure a life expectancy of an additional 30 years.
6.03.040 Appeal. Should any person be dissatisfied with any position of staff with
regards to their compliance with this chapter, they are entitled to appeal the decision to
the Board of Directors by filing such an appeal within 15 days of the decision, provided
notice of the time limit is given by the District in writing. The person so appealing shall
state in a written document the person whose decision is being appealed, the grounds for
the appeal, and any back up data that supports the appeal. The Board shall hear the
appeal within a reasonable time thereafter.
(Ord. 62, 2007)
[53]
Chapter 6.04 - Development and Miscellaneous Fees, Permits and Charges
Section 6.04.010. Introduction. The Sanitary District collects various fees,
permits and charges related to development approvals and other miscellaneous services
the District provides. This Chapter shall describe those fees, permits and charges and
clarify why the same are paid and the limitations that may exist with respect to how such
fees and charges are collected, expended and accounted.
Section 6.04.020. User Fees. These charges are meant to reasonably
approximate the cost to the District to provide a service to a person or company. These
would include, but not be limited to, charges for reviewing plans or inspecting a sewer, or
making copies of District documents. These charges may be pass-through costs of
District’s engineer, inspector or surveyor. Annexation fees would also be such a user fee.
This may also include the cost of making copies, as limited by the California Public
Records Act. These charges are always to be based on estimated costs to the District,
including, where appropriate, reasonable amounts of overhead. In appropriate cases an
estimate shall be made, and the person/company for whom the service is to be provided
shall be required to make a deposit of the estimated costs. The person providing the
service shall bill against the deposit, and a detailed accounting shall be made. Additional
sums may need to be paid or a refund may be appropriate. In other cases where the
tasks are reasonably routine, a per-service charge shall be the sole amount collected but
shall be based on time and motion estimates of the average charge for the service. These
fees are generally set forth in this Code.
Section 6.04.030. Connection Fees. Generally, connection fees would be
charged in lieu of the developer or owner installing a sewer facility. Pursuant to statutory
and case law, these fees are the direct cost of installing the sewer. The District’s
connection permit fee, by contrast, is a fee to cover the cost of issuing the permit.
Section 6.04.040. Fixture Fees. Fixture fees are capacity charges for public
facilities in existence at the time a charge is imposed or charges for new public facilities
to be acquired or constructed in the future that are of proportional benefit to the person
or property being charged, including supply or capacity contracts for rights or
entitlements, real property interests, and entitlements and other rights of the local agency
involving capital expense relating to its use of existing or new public facilities. The
following applies to those fees:
(a) Purpose. Fixture fees shall be used for the purposes identified in the
engineer’s report that establishes the facilities that are to be constructed or rehabilitated
to serve the development upon which the fees are imposed. Those facilities shall either
be directly related to the development or indirectly related in which case the fixture fee
shall only pay a fair portion of the charges.
[54]
(b) Facilities. The facilities for which the fees are collected shall be identified
in an engineer’s report. Those facilities should, but need not be, included in the District’s
Capital Improvement Plan.
(c) Reasonable Relationship between Development and Fee. The engineer’s
report shall demonstrate a reasonable relationship between the type of development and
the use of the fee.
(d) Reasonable Relationship between Facility and Type of Development for
which Fee Imposed. The engineer’s report shall demonstrate a reasonable relationship
between the type of development and the facility being proposed.
(e) Reasonable Relationship between Amount of Fee and the Cost of the
Facility or Portion of the Facility. In any action imposing a fee on a development, the
District shall be able to justify the amount of the fee and the cost of the facility or portion
of the facility attributable to the development.
(f) Deposit. Upon payment of the fees, the money shall be deposited in a
separate capital facilities account maintained in accordance with Government Code
Section 66013(d). For each such separate account, the District shall, within one hundred
eight (180) days of the close of the fiscal year, make available to the public the following
information:
(1) A description of the charges deposited in the fund.
(2) The beginning and ending balance of the fund and the interest earned from
investment of moneys in the fund.
(3) The amount of charges collected in that fiscal year.
(4) An identification of all of the following:
(A) Each public improvement on which charges were expended and the amount
of the expenditure for each improvement, including the percentage of the total cost of the
public improvement that was funded with those charges if more than one source of
funding was used.
(B) Each public improvement on which charges were expended that was
completed during that fiscal year.
(C) Each public improvement that is anticipated to be undertaken in the
following fiscal year.
(5) A description of each interfund transfer or loan made from the capital
facilities fund. The information provided, in the case of an interfund transfer, shall identify
the public improvements on which the transferred moneys are, or will be, expended. The
information, in the case of an interfund loan, shall include the date on which the loan will
be repaid, and the rate of interest that the fund will receive on the loan.
[55]
Section 6.04.050. Definitions. For the purpose of this chapter, certain words
and terms are defined as follows:
(a) Fixture Fee Charges. Are those District charges paid by or on behalf of the
property owner for the construction of public improvements that will benefit a development
and that are justified by an engineering and financial analysis in accordance with
Government Code Section 66013 or successor statute.
(b) Connection Manhole. Shall mean a manhole constructed in the main line
of a District sewer not as part of the original construction, or a manhole built adjacent
thereto, for the purpose of permitting sewage to flow into a District sewer.
(c) District Sewerage Facility. Shall mean any property belonging to District
used in the transportation or disposal of sewage or industrial waste.
(d) Domestic Sewage. Shall mean the waterborne wastes derived from the
ordinary living processes which are of such volume and character as to permit satisfactory
disposal into a public sewer.
(e) Dwelling Unit. A dwelling unit shall consist of one or more rooms in any
building designed for occupancy by one family and containing one kitchen unit.
(f) Industrial Waste. Shall mean any and all liquid or solid waste substance,
not sewage, from any producing, manufacturing or processing operation of whatever
nature.
(g) Industrial Waste Treatment Plant or Facility. Shall mean any works or
device for the treatment of industrial waste prior to its discharge into the District sewerage
facilities.
(h) Plumbing Fixture Unit. A plumbing fixture unit as used in this ordinance is
defined as being the same as set forth in the California Plumbing Code, a copy of which
is one file in the office of the Clerk of the District. All roughing-in for future fixtures will be
counted as fixture units to set charges.
(i) Pretreatment. Shall mean treatment prior to discharge into a District
sewerage facility by means of an industrial waste treatment plant or facility.
(j) Public Corporation. Shall mean any city, district or other public agency duly
authorized under the laws of the State of California.
(k) Sewerage Facilities. Shall mean any facilities used in the collection,
transportation, treatment or disposal of sewage and industrial waste.
[56]
(l) Sewer Manholes. Shall mean those manholes constructed as a part of the
District’s sewer system.
Section 6.04.060. Permit Regulations.
(a) Requirements. No person or public corporation shall connect to, use or
maintain a connection to the sewerage facilities of the District without a valid permit, or
fail to comply with each and every condition of that permit.
(b) Condition Precedent. No permit shall be valid unless the real property to
be sewered by the use of the permit shall be included within the boundaries of the District
or is currently being annexed to the District or unless said property is subject to or is being
made subject to a service contract between real property owner and the District.
(c) Permit. A sewer permit shall be comprised of two different components: (1)
a permit to connect to the District’s system, and (2) a permit to use or discharge into the
system.
(1) Permit to Connect. A connection permit for the purpose of authorizing
connection to a District sewerage facilities in accordance with District’s regulations and
under conditions set forth in said permit is required before connection will be authorized.
(2) Permit to Use. The use permit will prescribe requirements as to a
connection manhole, an industrial waste treatment plant or facility, or pretreatment, all to
insure compliance with the District regulations as to characteristics, quality and quantity
of sewage and industrial waste. Such requirements should be set forth in the permit.
(3) Surcharges for Use Permit. The District hereby establishes the quantity of
twenty thousand (20,000) cubic feet of sewage or industrial waste per month per acre of
real property served as the maximum allowable effluent to be discharged into the District’s
sewerage facilities without the payment of surcharges. Each user discharging more than
twenty thousand (20,000) cubic feet of sewage or industrial waste per month per acre
shall be charged Twelve Dollars ($12.00) per one thousand (1,000) cubic feet or any
portion thereof in excess of the twenty thousand (20,000) cubic feet maximum.
Measurements may be required by the permittee, or permittee’s effluent may be
considered equivalent to the water (excepting irrigation water) purchased by permittee.
Permittee upon demand shall provide District with his or its water usage records and
District shall bill excess users of the system monthly based upon the charges set forth
herein. In addition to said charges, users may also be charged fees for increased
development in accordance with Chapter 6.05.
[57]
(d) Suspension or Revocation of Use Permit. The permit to use may be
suspended or revoked if a permittee is acting in violation of any provision of the permit or
of the ordinances, rules or regulations of the District thirty (30) days after receiving a
formal written notice of such violation and a demand for correction thereof from the
District. Such formal written notice shall be given only upon recommendation of the
General Manager. Appropriate due process shall be provided before such actions are
taken, and the Board of Directors shall provide for a hearing if requested in a timely
manner.
(e) Violation. For each day or part of a day a permittee whose permit has been
suspended or revoked continues to discharge sewage or industrial waste into a District
sewerage facility in violation of the permit or of the ordinances, rules or regulations of the
District, he or it shall be charged as a civil penalty the sum equal to ten (10) percent of
the fixture fee charges per day. No formal written notice of violation shall be authorized
unless the General Manager of the District has first given an informal written notice of
violation to the subject permittee at least thirty (30) days in advance of action of the Board
of Directors. The same noticing procedure set forth hereinabove shall apply for
intermittent or sporadic violators and in lieu of a suspension of permit, the Board of
Directors may impose a civil fine in accordance with the District’s administrative citation
provisions per day or any part of a day for intermittent violations. The amount of the fine
may be directly related to increased handling costs occasioned to the District by reason
of such violations and/or damage caused to the sewerage facilities of this District by such
violations. In such cases the formal written notice of violation shall set forth the fine to be
imposed for violations after the thirty (30) day correction period.
(f) Criminal Penalty. Any person, firm or corporation that connects or
discharges to District’s sewerage system without a valid connection permit or other legal
right shall also be guilty of a misdemeanor and punishable as provided in Chapter
1.02.010 of this Code for each day’s violation.
(g) Procedure to Acquire Permit. An applicant for a connection permit or his
agent shall make application on a form furnished by the District. The permit application
shall be supplemented by such plans, specifications or other information considered
pertinent in the judgment of the General Manager of the District. The permit fee and
charges as hereinafter described shall be paid to the District at the time the permit
application is filed.
(h) Disposition of Charges. All charges established under this Article, when
collected, shall be deposited in the appropriate fund and accounted for in accordance with
the law.
(i) License status. For sewer work that will be accepted into the District’s
system, or that will involve excavation in the public right of way, or that will involve a
connection to the District’s main line, the Contractor shall maintain a C-42 or “A” license,
or such other license that the District Engineer shall determine is similar based on state
law. For all other general plumbing work involving only private facilities on private
property, the contractor shall have a C-36 license or such license as the District Engineer
[58]
determines is similar based on state law. District personnel shall verify the status of the
license before the permit will issue.
(j) Insurance. Insurance Applications for a connection permit shall be
accompanied by proof of insurance of at least One Million Dollars ($1,000,000.00) shall
only be required for permit issuance if work will involve District facilities or excavation work
in the right of way. For that work, no permit will be issued unless the contractor doing the
work has commercial general liability, with underground coverage, and automobile
coverage. Contractor Applicants shall also provide proof of workers compensation
coverage. The commercial general liability coverage the District and its officers, agents
and employees shall be named as an additional insured and District reserves the right to
require provided with an endorsement naming District as an additional insured evidencing
such coverage on District forms or on forms acceptable to District. Such coverage must
provide that it will not be cancelled without 30 days notice to the District.District also
reserves the right to require that the insurance company providing the commercial general
liability polich has Insurance shall have a Best’s Key Guide rating of A-VIII and is an
admitted carrier in the State of California or better and must be issued by an insurance
company authorized to do business in California. Contractors performing work pursuant to
a contract with for the District shall comply follow the insurance requirements of the contract
documents.
(k) Bonds. For any sewer work that will be accepted as part of District’s system,
a performance bond and a labor and materials bond shall be required to be maintained
on District’s forms as a condition of permit issuance.For insurance that will involve District
facilities or work in the right of way, the District shall require a performance bond if the
work is over $25,000 in value, and shall require a labor and materials bond before the
permit will issue. The bonds must be issued by an admitted surety. No permit will issue
unless such bonds are on file and have been verified. (Ord. 112, 2016)
Section 6.04.070. Permit Charges. Before any connection permit shall be issued,
the applicant shall pay to the District or its agent the charges specified in the District
resolution establishing fixture fees:
.
[59]
(a) Fixture Fee Permit Charges, Plumbing Unit. A charge per fixture shall be collected
from new construction as follows:
FIXTURE FIXTURE FEE
Bathtub $34.50
Laundry Tub or Washer $34.50
Shower $34.50
Sink, bar $17.25
Sink, Kitchen $34.50
Wash Basin $17.25
Wash Basin (Set) $34.50
Water Closet (Toilet) $103.50
Bidet $34.50
Dental Units $17.25
Drinking Fountains $17.25
Floor Drains $34.50
Interceptors for Grease, Oil, Solids, Etc. $51.75
Interceptors for Sand, Auto Wash, Etc. $103.50
Laundry Tub or Washer (Self Service) $51.75
Receptors $51.75
Shower, Gang - Per Head $17.25
Sinks, Bar-Commercial $34.50
Sinks, Commercial or Industrial $51.75
Sinks, Floor $17.25
Sinks, Flushing Rim $103.50
Sinks, Service $51.75
Swimming Pool $190.00
Urinals, Pedestal $103.50
Urinals, Stall $34.50
Urinals, Wall $34.50
Urinals, Wall Trough $51.75
(b) Connection Charge for Mobile Homes. For each mobile home parking space
[60]
in any mobile home park the sewer connection charge shall be calculated at twelve (12)
fixture units, at $23.00 per fixture unit.
(c) When Charge Is to Be Paid. Payment of connection permit charges shall
be required at the time of the issuance of the connection permit, and no connection shall
be made until said permit has issued showing compliance with District regulations and
specifications. For that portion of the District within the City of Newport Beach and within
the unincorporated area of the County of Orange, said fee shall nevertheless be paid
through the offices of the Costa Mesa Sanitary District, 628 West 19th Street, Costa
Mesa, California.
(d) Schedule of Charges. A schedule of charges specified herein will be on file
in the office of the Clerk of the District and in the office of the Costa Mesa Sanitary District.
(e) Interpretation of Permit Regulations. If the factual situations presented do
not follow precisely within the rules herein promulgated in this Article, the Board of
Directors shall interpret them in a reasonable manner and consistent with the intent of
this Chapter. In making such interpretations, the Board shall be guided by the policy of
the District to base fees and charges in accordance with the benefits and uses supplied
by the District. Those receiving the greatest benefit and most use of the facilities provided
by the District shall proportionately bear more of the costs and expenses of the District.
Section 6.04.080. Fees Certain fees established by the District, including, but not
limited to, plan check, inspection, permit and annexation fees, shall be established by
separate resolution.
(a) Permit Fee
Permit Fee $120.00
(b) Plan Check and Inspection
Existing lateral $570.00
New lateral $640.00
New manhole to property line $1,415.00
Construction of new facilities for
dedication to the District
$10.00 per linear
foot
(c) Annexation Fee. The Costa Mesa Sanitary District share of the annexation fee
is $2,500.00 and the total fee shall include the appropriate charges from the Local Agency
Formation Commission, the State Board of Equalization and the County of Orange.
The District may charge actual additional costs incurred in annexation which may be caused
by, but not necessarily limited to, annexation elections, the expenses of public hearings in
no consent annexations, litigation challenging the validity of Board action in the approval of
annexations and such other reasonable costs which may be incurred over and above the
permit fee provided for in this Article and subsection. Additional assessments for annexation
[61]
may be imposed by the District for costs and expenses incurred by the District which are of
an unusual nature not normally incurred in the course of an annexation or any additional
cost or expense incurred by the District to correct any error or misrepresentation made by
any applicant to the District regarding any proposed annexation. No refund will be made to
any applicant abandoning any annexation where said abandonment is not attributable to
any fault of the District.
(d) Connection Fee. The permit fee of $120.00 shall be charged where applicant
wishes to connect to and use District facilities without construction of improvements. The
fee shall be charged in any case where District administrative and inspection services are
required. (Ord. 75, 2010) (Reso. 2010-777, 2010)
Section 6.04.085 Credits In the case of existing structures connected to the
District’s system facilities, where new construction or alteration is made to change or
increase the capacity, the fixture fees shall be calculated and paid to the District on the
new use and in the amounts as set forth in Section 6.04.070, less a credit amount for
demolished fixtures. Fee credit amounts shall be uniformly calculated and shall only be
applied when proof of the existing structure and the number of plumbing fixtures
demolished is provided to the District. (Ord. 97, 2013)
Section 6.04.090. Penalties and Surcharges for Violations. Permits
Subsequently Obtained. Any person or public corporation connecting to a District
sewerage facility or connecting to a sewerage facility which discharges into a District
sewerage facility without first having obtained a permit as herein provided shall be
charged double the amount hereinabove described for his or its permit.
Section 6.04.100. Funds. All of the monies collected in this Chapter shall be
deposited, used and accounted for in accordance with the law by which those monies
were collected.
Section 6.04.110. Other Agency Fees. In addition to those fees provided
elsewhere in this Code, there shall be established and collected the following fees, the
amount of which shall be determined by the agency for which they are collected:
(a) Any fee collected for and remitted to the Orange County Sanitation District.
(b) State Board of Equalization annexation filing fees collected for and remitted to
that agency.
(c) County Surveyor for the County of Orange fee collected for and remitted to that
agency for annexation plan check.
(d) Fees collected and remitted to Orange County Local Agency Formation
Commission.
(e) Any other fee required to be collected and remitted to any other governmental
agency as a condition to annexation or use of said governmental agency's facilities. (Ord.
20, 1989)
[62]
Section 6.04.120. Fee Changes. All of the fees established by this Ordinance may
be increased, decreased, or abolished, or otherwise modified at any time by resolution duly
adopted by the Board of Directors of the District and said resolution shall have the same
force and effect when adopted as though this Ordinance has been amended to provide said
changes. (Ord. 20, 1989)
Section 6.04.130. Annexation Requirements. (a) When Deemed Annexed.
Except as hereinafter provided, no sanitary sewer service, including residential trash
disposal service, shall be provided to any applicant for service unless and until said applicant
shall have applied for and been approved for annexation to the District. Approval shall be
deemed complete when approved by the Local Agency Formation Commission.
(b) Exceptions: Sanitary sewer service, and trash collection, may be provided by
contract to applicants for service without annexation to the District, however contracts for
service may be entered into by the District only on those parcels lying in County territory or
within the geographical limits of an incorporated city other than the City of Costa Mesa and
after obtaining LAFCO's prior approval if required by state law. All parcels lying within the
geographical limits of the City of Costa Mesa will be served only after annexation to the
District as heretofore set forth. (Ord. 20, 1989)
Section 6.04.140. Affordable Housing Priority. (a) In accordance with
Government Code Section 65589.7 or any successor statute, the District shall ensure
that developments that contain an affordable housing component shall be provided with
a sewer connection if the applicant complies with all District laws and regulations unless
the Board makes findings that there is insufficient collection capacity, that the District is
under an order that no further connections be allowed, or unless the applicant fails to
comply with District laws or to enter into an agreement with District to comply with such
laws. District shall review the relevant housing elements at least every five years to
determine that sufficient collection capacity exists.
(b) State law shall be referred to for all definitions and to more fully describe
District’s obligations under said law. (Ord. 56, 2006)
Section 6.04.150. Enforcement. In addition to any other remedies that may
exist, the provisions of this Ordinance may be enforced by civil action at law and/or by
injunction. In this connection these regulations shall be construed as a contract by the
Costa Mesa Sanitary District and each permittee. (Ord. 76, 2010)
[63]
Chapter 6.05 - Increases in Density/Development
Section 6.05.010. Purpose. The District has determined its capacity rates and
charges in a capital facilities study based on projections made according to development
density based on the applicable local agencies' general plan and zoning laws. Changes in
those laws that allow an increase in density or development may cause adverse impacts on
the District and surcharge its system. Accordingly, the District does hereby determine that
it may require a developer or owner to participate in the cost of providing additional sewer
capacity through either additional construction or the payment of fees commensurate with
this increased burden. (Ord. 21, 1989) (Reso. 94-555, 1994)
Section 6.05.020. Increased Fees or Construction. Any owner or developer of
such proposed development that will cause an increased burden to the sewage system
above the District's projections contained in its capital facilities study based on then-current
zoning, may be required to pay for such increased surcharge on the District's system or may
be required to oversize or provide additional appurtenances at its cost.
(Ord. 21, 1989) (Reso. 94-555, 1994)
Section 6.05.030. Analysis. When the District Engineer determines that there will
either be (a) an increase in plumbing fixtures, or (b) an increase in density that will materially
increase the use of District's sewerage system over and above that projected in the District's
capital facilities study, the owner/developer shall deposit a check in the sum of one-thousand
dollars ($1,000) as an advance to pay for the costs of a study to determine the impact on
District's system and what the owner/developer should fairly pay for the increase in density
or development. Said sum shall be a deposit and the District will provide an accounting of
the funds and any refund due. Should the deposit not be sufficient to complete the study,
the owner/developer may be required to deposit further sums . (Ord. 21, 1989) (Reso. 94-
555, 1994)
Section 6.05.040. Justification. Any additional fee or construction required shall
be justified as follows:
(a) Any money collected shall not exceed the cost of serving the additional density
or development.
(b) Any additional construction of sewerage facilities shall have been made
necessary by the increased density/development, unless the developer is provided with a
reimbursement agreement for any part not caused by the proposed development
(c) Any money collected for the additional development must not exceed the
proportional cost of providing the capital facilities to serve the additional development.
(d) No part of any money collected is used for any other purpose but for capital
sewer facilities and related costs. (Ord. 21, 1989) (Reso. 94-555, 1994)
[64]
Section 6.05.050. Fund Established. Any money collected for such purposes shall
be kept in a separate fund and not in the District's general fund and shall be accounted for
in accordance with state law, including refunding any excess held over five years. (Ord. 21,
1989) (Reso. 94-555, 1994)
Section 6.05.060. Exceptions. This Chapter does not apply to any money collected
or facilities installed for which the developer is given a reimbursement agreement. (Ord. 21,
1989) (Reso. 94-552, 1994; Reso. 94-555, 1994)
Section 6.05.070. Additional Charges. District may require that an owner or
developer additionally pay engineering, inspection and plan checking and other costs made
necessary by its project. An owner or developer may also be required to pay the costs of
acquisition of additional right of way or easements made necessary by the project. (Ord.
21, 1989) (Reso. 94-555, 1994)
[65]
Chapter 6.06 - Annual Sewer Charges
Section 6.06.010 Annual Charges. Pursuant to an ordinance heretofore adopted,
the Board has adopted the procedure set forth in Health and Safety Code Section 5473 for
the collection of liquid waste charges on the tax roll on an annual basis along with the general
taxes collected by the tax collector. (Ord. 30, 1999)
Section 6.06.020. Substantive Requirements for Charges. Before said charges
are confirmed, the Board shall ensure that the charges meet the substantive requirements
imposed on such charges by California Constitution, Article XIIIDC:
1. Revenues derived from the fee or charge have not exceeded the funds required
to provide the property related service.
2. Revenue from the fee or charge is not being used for any purpose other than
that for which the fee or charge is imposed.
3. The amount of a fee or charge imposed upon any parcel or person as an
incident of property ownership does not exceed the proportional cost of the service
attributable to the parcel.
4. The fee or charge is not imposed for service unless the service is actually used
by, or immediately available to, the owner of the property in question.
5. No fee or charge is being imposed for general governmental services such as
police, fire, ambulance, or libraries, where the service is available to the public in
substantially the same manner as it is to property owners.
Section 6.06.030. Procedural Requirements. Pursuant to California Constitution
Article XIIIDC, before said charges are confirmed for a new or increased charge, a public
hearing shall be held in which a protest hearing is conducted. Notice of such hearing shall
be mailed to all owners of record that are the subject of the charge, and the hearing shall
also be published in accordance with law. If a majority protest is received, that charge shall
not be imposed. (Ord. 30, 1999)
Section 6.06.040. Filing of Report With Auditor. After the charges have been
confirmed, the clerk shall file a copy of the report with the auditor in the manner required by
Health and Safety Code Section 5473.4. (Ord. 30, 1999)
[66]
Chapter 6.07 - Grease Control
Section 6.07.010. Purpose. The purpose of these regulations is to exercise the
District’s authority to protect the public health and safety by preventing sewer spills. The
Board has determined that there is substantial evidence that grease and similar products
accumulate in the sewer lines causing back-ups. The Orange County Grand Jury has
made findings that these sewer spills largely can be prevented if local agencies with
authority adopt effective grease regulations.
The State Water Resources Control Board, through Order No. 2006-0003,
mandates that the district comply with said order and implement regulations for its
sanitary sewer systems. These regulations are intended to implement and comply with
the State Order.
Section 6.07.020. Definitions. For purposes of this chapter, the following
definitions shall apply:
(a) FOOD “Food Service Establishment (FSE)” shall mean any entity, including its
members, operators and employees, located within the boundaries of the
District, engaged in the business of storing, preparing, serving, manufacturing,
packaging, or handling food for sale to other entities, or for consumption by the
public as defined in Health and Safety Code Section 113789, and which has
any process or device that uses or produces FOG, or grease vapors, steam,
fumes, smoke or odors that are required to be removed by a Type 1 or Type II
hood provided in the California Mechanical Code. A limited food preparation
facility is not considered a Food Service Establishment when it is engaged only
in reheating, hot holding or assembly of ready to eat food products and as a
result, there is no wastewater discharge containing a significant amount of
FOG. A limited food preparation establishment does not include any operation
that changes the form, flavor, or consistency of food.
(b) “FOG Program Manager” shall mean the individual designated by the General
Manager to administer the Grease Control Program. The FOG Program
Manager is responsible for all determinations of compliance with the program,
including approval of discretionary variances and waivers.
(b)(c) “Grease” or “fats, oil and grease (“FOG)” shall mean and include any waste
containing excessive quantities or concentrations of dispersed biodegradable
oils, fats, and greases, such as lard, tallow or vegetable oil.
(d)(c) “Grease Control Device” (GCD) shall mean any Grease Interceptor,
Grease Trap or other mechanism, device, or process, which is attached to, or
is applied to, wastewater plumbing fixtures and lines, the purpose of which is
to trap or collect or treat FOG-laden wastewater prior to its discharge into the
sewer system. “Grease Control Device” also includes any other District
approved method to reduce FOG.
[67]
(e)(d) “Grease Interceptor” shall mean a multi-compartment device that is required
to be located, according to the California Plumbing Code, between a Food Service
Establishment and the connection to the sewer system. These devices primarily
use gravity to separate FOG from the wastewater as it moves from one
compartment to the next. Grease Interceptors must be cleaned, maintained, and
have the FOG and solids removed and disposed of in accordance with District’s
best management practices guidelines. Grease Interceptor includes a Gravity
Grease Interceptor.
(f)(e) “Grease Trap” shall mean a Grease Control Device that is used to serve
individual fixtures. Grease Traps must be cleaned, maintained, and have the FOG
and solids removed and disposed. A Grease Trap is also referred to as a Hydro-
mechanical Grease Interceptor. A Grease Trap may only be used when the District
determines that the use of a Grease Interceptor or other Grease Control Device is
impossible or impracticable.
(g) “Hot Spots” shall mean areas in the sewer system that must be cleaned or
maintained frequently to avoid blockages.
(h) “New Construction” shall mean any structure planned or under construction for
which a sewer connection permit has not been issued.
(i) “Remodeling” shall mean a physical change or operational change that
increases the amount of FOG discharged to the sewer system by the FSE in an
amount that alone or collectively causes or creates a potential for blockages or
SSOs to occur; or requires either a building permit or plumbing permit, and involves
any one or combination of the following:
1. Under slab plumbing in the food processing area;
2. An increase in the net public seating area;
3. An increase in the size of the kitchen area; or
4. Any change in the size or type of food preparation equipment.
(j) “SSO” shall mean sanitary sewer overflow.
Section 6.07.030 New Construction-Interceptors Required.
(a) The District does not have jurisdiction within structures but does regulate
sewer connections and sewer construction. All new commercial construction must
have a grease interceptor that has been approved by the District Engineer unless
the developer demonstrates, to District Engineer’s satisfaction, that such a device
is not necessary based on engineering findings which are set forth in writing.
(b) A developer may be granted an exemption from the Grease Interceptor
requirement if the District Engineer makes written findings that a Grease Trap or
other Grease Control Device will be as effective, or more effective, than a Grease
Interceptor.
[68]
Section 6.07.040 Prohibition. Every owner, tenant and persons using property
shall have a duty not to cause, permit or allow the accumulation of grease in the District’s
sewer line so that sewage spills may occur. Such persons shall use reasonable methods
to reduce grease accumulation in the District’s sewer lines including but not limited to
reducing or eliminating the grease that is deposited in the sewer and utilizing enzymes
and similar products that prevent grease build-up. No person shall discharge grease into
the sewer system so as to cause an accumulation in the District’s lines so as to
substantially contribute to the possibility of a sewage overflow.
Section 6.07.050 Permit required. No Food Service Establishment shall
discharge into the District’s system without obtaining a permit from the District describing
the business operations and discharge and any FOG prevention measures being
undertaken or to be undertaken to reduce the discharge of FOG into the District’s system
in accordance with this chapter.
Section 6.07.060 Best Management Practices Required. Food Service
Establishments shall implement Best Management Practices in their operation to
minimize the discharge of FOG to the sewer system. Detailed requirements for Best
Management Practices shall be specified in the permit. This may include kitchen practices
and employee training that are essential in minimizing FOG discharge.
Section 6.07.070 FOG Pretreatment Required. Food Service Establishments
are required to install, operate and maintain approved type and adequately sized grease
interceptors necessary to maintain compliance with the objectives of Chapter 6.07.
Grease interceptors shall be adequate to separate and remove FOG contained in
wastewater discharges from Food Service Establishments prior to discharge to the sewer
system. Fixtures, equipment, and drain lines located in the food preparation and clean up
areas of Food Service Establishments that are potential sources of FOG discharge shall
be connected to the grease interceptor. Detailed requirements for device maintenance
shall be specified in the permit.
Section 6.07.080 New Construction of FSEs - Interceptors Required.
(a) The District does not have jurisdiction within structures but does regulate
sewer connection and sewer construction. All new commercial construction
of Food Service Establishments shall have a grease interceptor that has been
approved by the FOG Program Manager unless the developer demonstrates,
to the District’s satisfaction, that such a device is not necessary based on
engineering findings which are set forth in writing.
Section 6.07.090 Existing FSEs - Interceptors Required.
(a) Existing FSEs that have reasonable potential to adversely impact the sewer
system or have sewer laterals connected to hot spots, as determined by the
FOG Program Manager and/or District Engineer, shall have grease
interceptors installed.
(b) Existing FSEs undergoing remodeling or a change in operations, or FSEs that
[69]
change ownership, shall be required to install a grease interceptor.
Section 6.07.100 Waiver from Pretreatment Requirements A waiver from the
FOG pretreatment requirements to allow alternative pretreatment technology, that is at
least equally effective in controlling the FOG discharge, in lieu of a grease interceptor
may be granted to Food Service Establishments demonstrating that it is impossible or
impracticable to install, operate or maintain a grease interceptor. The applicant shall bear
the burden of demonstrating that the alternative method is at least equally effective. The
District’s determination to grant a waiver will be based upon, but not limited to, evaluation
of the following conditions:
(a) There is no adequate space for installation and/or maintenance of a grease
interceptor.
(b) There is no adequate slope for gravity flow between kitchen plumbing fixtures
and the grease interceptor and/or between the grease interceptor and the
private collection lines or the public sewer.
(c) The Food Service Establishment can justify that the alternative pretreatment
technology is equivalent to or better than a grease interceptor in controlling its
FOG discharge. In addition, the Food Service Establishment must be able to
demonstrate, after installation of the proposed alternative pretreatment, its
effectiveness to control FOG discharge through downstream visual monitoring
of the sewer system at its own expense.
Section 6.07.110 Conditional Waiver from Pretreatment Requirements A
conditional waiver from installation of a grease control device may be granted for FSEs
that have been determined to have negligible FOG discharge and insignificant impact to
the sewer system. The District’s determination to grant or revoke a conditional waiver
shall be based upon, but not limited to, evaluation of the following conditions:
(a) Quantity of FOG discharge as measured or as indicated but the size of the
FSE based on seating capacity, number of meals served, menu, water usage,
amount of on-site consumption of prepared food and other conditions that may
reasonable ne shown to contribute to FOG discharges;
(b) Adequacy of implementation of Best Management Practices and compliance
history;
(c) Sewer size, grade, condition based on visual information, FOG deposition in
the sewer by the FSE, and history of maintenance and sewage spills in the
receiving sewer system.
(d) Changes in operations that significantly affect FOG discharge
(e) Any other condition deemed reasonably related to the generation of FOG
discharges by the FOG Program Manager.
[70]
Section 6.07.120 Request for Waiver or Variance A Food Service Establishment
may request a waiver or variance from the grease pretreatment requirement from the
FOG Program Manager. The Food Service Establishment bears the burden of
demonstrating, to the FOG Program Manager’s reasonable satisfaction, that the
installation of a grease interceptor is not feasible or applicable. Upon determination by
the FOG Program Manager that reasons are sufficient to justify a variance, terms and
conditions for issuance of a waiver or variance to a Food Service Establishment shall be
set forth. A waiver or variance may be revoked at any time when any of the terms and
conditions for its issuance is not satisfied or if the conditions upon which the determination
was based change so that the justification for the waiver or variance no longer exists.
Section 6.07.130 Grease Interceptor Serving Multiple FSEs on a Single Parcel
Property owners of commercial properties or their official designee(s) shall be responsible
for the installation and maintenance of the grease interceptor serving multiple Food
Service Establishments that are located on a single parcel.
Section 6.07.140060. Abatement. Provided District can prove that a person, firm
or corporation caused grease build-up so that a District line or appurtenance is damaged
or so that a sewer overflow occurs, or that a sewer overflow is imminent, district may
charge the responsible person for that damage and for the abatement costs thereof.
District shall first provide the ostensibly responsible person with a copy of the evidence
that forms the basis of the proof and a copy of this chapter. Said responsible person shall
have an appropriate amount of time to respond to said charges in a hearing in which
appropriate due process will be provided. Generally, at least ten day’s notice of the
hearing shall be given. If possible, the responsible person shall be given notice at the time
of the sewer overflow or damage if the person is believed to be the cause at that time.
The responsible person shall also be provided with a copy of the charges incurred to date
before the hearing if those are available. (Ord. 99, 2013)
Section 6.07.150070 Retrofitting. In cases in which there is an imminent danger
of future sewer spills, the Board may order that a property owner or other responsible
person install a sewer interceptor or other appropriate device to protect the District’s
system. Said order shall not be made unless the property owner has been given notice
of the proposed action and an opportunity to address the Board of Directors regarding the
proposed action. Any order to retrofit shall contain a finding that the action was necessary
to protect the public health, safety and welfare, which are threatened by future sewer
spills that are otherwise likely.”
[71]
Chapter 6.08 - Legal Authority to Comply with Waste Discharge Order
6.08.010 Purpose. The State Regional Wastewater Quality Control Board–Santa
Ana Region has issued Waste Discharge Order No. R8-2002-0014 (“WDR”) which
applies to Orange County government entities within the Santa Ana watershed. That
WDR required the District to adopt a Sewer System Management Plan and a grease (fats,
oils and grease) control ordinance requiring commercial food establishments to install and
maintain sewer interceptors, and requires the District to also establish other legal
authority to preserve the integrity of the sewer system and to prevent sewer system spills.
This Chapter shall memorialize the District’s efforts to comply with the WDR and provide
a reference for compliance. This legal authority shall act in conjunction with the District’s
Sewer System Management Plan (SSMP).
6.08.020 Infiltration Control. a) The District has established its SSMP and has
videotaped the system and determined its condition is sound. The District has also
established maintenance and rehabilitation schedules and a Capital Improvement
Program for future improvements. The District has thus ensured that District owned sewer
lines are inspected and maintained for infiltration control.
(b) With respect to privately owned sewer laterals, District Operations Code
Section 6.02.020 imposes the obligations for such maintenance on the private property
owners and imposes a duty on the owner to maintain that sewer lateral in a safe, sanitary
and unobstructed condition. By ordinance, the owner must maintain such laterals in good
working order. The District has additionally promoted sewer lateral maintenance by
publicity campaigns designed to inform property owners of their responsibility and by
providing advice on how to achieve that objective.
(c) In accordance with the authority conferred on the District pursuant to Health
and Safety Code Section 6520, all property within the District needing sewer service shall
be connected to the District’s system. In accordance with Health and Safety Code Section
6520.1, no person may connect any sewer system to the District’s system or cause any
flows into District’s sewer system except pursuant to a lawful connection.
6.08.030 Construction Standards. The District's construction standards set forth
in District Operations Code Chapter 6.01 establishes construction standards designed to
maintain the integrity of the system. The sewer notes set forth in the District’s standard
plans and specifications for the construction of sanitary sewers provides additional
standards.
6.08.040 Installation, Testing and Inspection. The District requires that all new
or rehabilitated sewer installations be tested and inspected pursuant to the provisions of
Title 6 of the District Operations Code and a permit is required for such connections.
[72]
6.08.050 Grease. The District has adopted its fats, oils and grease ordinance set
forth at Chapter 6.07 of this Code.
6.08.060 Pretreatment. The District has recognized the Orange County Sanitation
District as the publicly operated treatment works responsible for pretreatment compliance
and has incorporated such pretreatment requirements set forth in 40 C.F.R 403.5 in both
its SSMP and in its standard sewer permit. (Ord. 46, 2004)
[73]
Chapter 6.09 - Damage to District Property
Section 6.09.010. Damage to District Property. No person shall damage District
property, including, but not limited to, sewer lines and appurtenances.
Section 6.09.020. Liability for Damage. Every person who damages District
property by intentional or negligent act shall be liable to the District for the costs thereof.
“Damage” shall include, but not be limited to, dumping debris into the District’s sewer
system and the costs to remove said debris and to restore District’s system. Such liability
shall also include, but not be limited to, liability for failure to maintain property or by actions
taken which cause a sewer spill or sewer backup or other occurrence that requires a
District response. Responsible persons shall be liable for response costs related to such
damage, whether by District personnel or by District’s independent contractors.
Section 6.09.030. Liability for Abatement/Repair Costs. Persons responsible
for causing damage or conditions requiring abatement or repair costs shall be liable to
the District for the full costs thereof.
Section 6.09.040. Penalty. It shall be unlawful for any person to intentionally or
negligently damage District property or dump unauthorized materials into District’s
sewage system. (Ord. 83 2011)
[74]
Chapter 6.10 - Cost Recovery
Section 6.10.010. Purpose. This Chapter shall identify the authority and provide
a reference for cost recovery when abatement and enforcement efforts are required to
abate violations or to correct violations pertaining to the sewer system, including the
sewer laterals that connect to District’s system. The intent of this chapter is to provide
the mechanism for the District to recover costs when abatement is required for various
conditions that constitute violations of this code, including, but not limited to, conditions
arising from fats, oils, grease, roots or other conditions of sewer laterals or the District’s
lines caused by a property owner or occupier or other person who causes a condition that
needs to be abated or corrected. The authority for the cost recovery is provided in Health
and Safety Code Section 6523.3, which provides that the District may correct any violation
of an ordinance of the District and providing further that the cost of such correction shall
be added to the sewer service charge of the person violating the ordinance or the tenant
or owner of the property upon which the violation occurred. (Ord. 89, 2012)
Section 6.10.020. Abatement. Whenever a condition exists that is in violation of
this code or any applicable State Waste Discharge Order, the District may determine to
abate the conditions if necessary for the immediate preservation of the health, safety or
welfare of the public. (Ord. 89, 2012)
Section 6.10.030. Notice and due process. The responsible party shall be
provided with appropriate due process before abatement occurs, if possible. Such due
process shall be commensurate with the emergency condition necessitating abatement.
Whenever possible, that due process shall include attempts to contact the responsible
party of the conditions that exist and provide an opportunity to review those conditions
before the same are abated if consistent with the immediate public health, welfare and
safety concerns. If possible and consistent with the public health, safety and welfare, the
responsible party shall be given an opportunity to abate the property using his/her own
forces. (Ord. 89, 2012)
Section 6.10.040. Abatement by District forces. Should District not be able to
contact the responsible party or should District’s General Manager or District Engineer
determine that the situation must be abated immediately and without allowing the
responsible party to abate the condition using his/her own forces, the District shall attempt
to provide the responsible party with an opportunity to witness the abatement by District
staff, which may include District contractors. District staff shall also provide photographs
and other evidence of the abatement if they exist to the responsible party thereafter. (Ord.
89, 2012)
Section 6.10.050. Hearing on the abatement. If District determines to abate the
property using District forces, which includes District contractors, it shall provide the
responsible party with a copy of the report of the incident and the abatement efforts,
including photographs, video and other memorialization as may exist of the conditions
and abatement efforts, including costs by hour and rate. The responsible party shall be
entitled to a hearing, which shall be an informal opportunity to present evidence
contesting his responsibility, the fact that the conditions constituted a threat to the public
health, safety or welfare, and the costs of the abatement. (Ord. 89, 2012)
[75]
Section 6.10.060. Collection of the abatement charges. If the District Board
confirms the charges, District staff shall collect those charges by separate invoice sent
directly to the property owner. If said charges are not paid within 30 days, District may
add said charges on the regular tax roll in accordance with the authority provided in
Government Code Section 6523.3. That section provides that the costs of correction may
be added to the sewer charges otherwise due and payable, and the District shall have
such remedies for collection as are available for those charges. (Ord. 89, 2012)
[76]
Title 7
Chapter 7.01 - Trash Regulations
Section 7.01.010. Purpose. The purpose of this Ordinance is to implement the
District's authority to provide for the collection of trash, garbage, rubbish and other waste in
the waste stream, and to recover and provide for the recapture and recycling of such parts
of the waste stream. A further purpose is to provide for the public health and welfare and
sanitary streets by requiring the waste containers be stored on the property out of view
except for reasonable periods of time for collection. (Ord. 27, 1997)
Section 7.01.015. District's Authority. The Health and Safety Code has given
sanitary districts the authority to collect all waste and garbage within the District. The District
has determined to only collect residential trash at this time but reserves unto itself the right
to regulate other trash collection in the future. (Ord. 27, 1997)
Section 7.01.020. Exclusive Franchise. The District has awarded an exclusive
franchise for the collection of all residential trash within its boundaries. (Ord. 27, 1997)
Section 7.01.025. Residential Limitations. District's trash collection services are
limited to residential service. Residential units will be served notwithstanding the zone that
said property is located in as long as the property is used for residential purposes and utilizes
curbside service. For purposes of this Chapter, “curbside” shall mean trash collection
service in which individual cans or containers are placed outside but adjacent to a
residence for collection. It includes service when no actual “curb” exists, and includes
situations in which the can or container is placed in an alley near the residence. It includes
private developments that have gated access. It does not include bin service in which
residents carry their trash or other solid waste to communal bins or dumpsters used by
other residents at a common location. (Ord. 113, 2016)
Section 7.01.030. Rubbish Removal - Scavenging prohibited. The District and
its duly authorized agents or any contractor with whom the District may at any time enter
into a contract or franchise therefor, and the agents, servants, and employees of said
contractor while any said contract or franchise is in force shall have the exclusive right to
gather, collect and remove all waste material from all residential premises served by the
District and no other persons than those above shall gather, collect, and remove any trash
or waste material or convey or transport any trash or waste material in or along or over any
public street, alley, or highway in the District, or take any waste material from any receptacle
in which the same has been placed for collection or removal or interfere with or disturb any
such receptacle or remove any such receptacle from any location where same is place by
the owner thereof; provided, however, that nothing in this section shall be deemed to prohibit
the occupant of any dwelling house from himself removing any trash or waste material
accumulated on the premises occupied by him as a dwelling house and disposing of the
same in a lawful manner, or to prohibit any person from gathering, collecting and removing
from the premises occupied by him any trash or waste material or other objects of debris
considered to be large items. Once trash or waste material has been placed in a container
and placed curbside for collection, no person shall scavenge or remove any item from said
container except for the District's contractor/franchisee. (Ord. 27, 1997)
[77]
Section 7.01.040 Containers.
(a) Containers used for residential collection shall be those provided by the
District through its franchisee. Said containers shall be standardized to allow for fully
automated collection as determined by the District. Except as hereinafter provided, no
person may use any other types of containers after the standardized containers are
provided.
(b) The standardized containers for existing service shall be two mixed waste
containers and one organic container. Residents may request an exemption from being
provided the organic container if they meet one of the following criteria:
i. Limited container storage space; or
ii. Generates minimal organic material.
Residents must submit a request for exemption in writing. The General Manager
will have the authorization to approving organic exemptions.
(c) The combined weight of the container and contents for collection shall not
exceed 150 pounds.
(d) All trash, recycling material, and organics (as defined in this Code along
with exclusions) must be placed inside the containers so that the lid can shut to keep out
flies and other pests. Trimmings must be cut so that they fit completely within the
container and so that the container lid will shut. Residents shall obtain additional
containers from the District as needed to comply with this requirement. Trash, recycling
material, and organics should not be jammed in so that it prevents emptying of the
container. (Ord. 100, 2014)
Section 7.01.050. Container Ownership/Care. The containers are owned by
the District’s franchise. It is unlawful to damage or deface the containers. It is unlawful
to mark on the containers. Each container has a registration number on it and is assigned
to a residence. Graffiti, vandalism or other damage to the containers should be reported
to the District immediately. (Ord. 57, 2007)
Section 7.01.054 Existing Development. Residents may request
additional containers to ensure all trash, recycling material, and organics fit inside the
containers with the lids closed. Residents shall pay actual cost per container for all
additional containers requested, except as provided below:
(a) No charge shall be imposed if new residents move to a residence where the
containers have been removed.
(b) No charge shall be imposed for exchanges of containers.
[78]
(c) No charge shall be imposed if the occupants of the residence demonstrate
a hardship based on disability or economic factors and have submitted a confidential
declaration providing those facts.
(d) No charge shall be imposed if a resident with only one mixed waste
container and one organics material container requests one additional mixed waste
and/or organics container.
The containers shall remain the property of the franchisee. (Ord. 49, 2005; Ord.
100, 2014)
Section 7.01.060. Placement of Containers. Containers shall be placed at the
curb or in the alley for collection no earlier than 5:00 p.m. on the evening before the
scheduled collection day. Generally, all containers shall be placed in the street with the
wheels near the curb. Containers shall be placed so as to be accessible for collection
and arranged in a manner so as to facilitate loading on the collection truck. Except where
practical difficulties exist, all containers shall be placed so as to not create drainage
problems with the gutters. Placement of containers is also subject to compliance with
City or County ordinances. In areas in which trash/recycling and organics service is
provided via a public alley, containers may be placed in the alley provided doing so does
not create an obstruction to the passage of vehicles.(Ord. 37, 2001; Ord. 49, 2005; Ord.
93, 2012; Ord. 100, 2014)
Section 7.01.070 Permitted Trash/Prohibited Materials.
(a) The following are permitted to be placed in the containers for collection:
1. Trash and recycling material, as described in Section 8.02.010, shall be
placed in containers designated as “mixed waste” containers.
2. Organics, as described in Section 8.02.010, shall be placed in the
designated container provided as the “organics” container. (Ord. 100, 2014)
(b) The following are prohibited from being placed in the containers for collection:
1. Hazardous materials including paint, motor oil, fertilizer, batteries, and
pesticides.
2. Liquid waste.
3. Medical waste including syringes.
4. Construction debris, sod, concrete, rocks, dirt, manure or lumber.
5. "E-Waste" to include television sets and computer monitors and similar
devices which contain cathodic ray tubes with lead or other harmful matter.
(c) Large items may be collected at certain times each year through special
collection programs. These items would include furniture, appliances and other such
large items. Other special programs may cover Christmas trees, used oil, used syringes
and tires. (Ord. 37, 2001)
[79]
Section 7.01.080. Removal of Trash Containers.
(a) Residential containers placed in the street shall be removed from the
curb by midnight the day of collection and shall be stored in the rear or side yard of the
property so as to be out of view from the street. Containers placed in the alley for
collection shall be removed from the alley by midnight the day of collection and shall be
stored so as to be out of the public alley, completely on private property, and out of view
from the public street. (Ord. 100, 2014)
(b) A hardship exception or variance may be obtained by any person whose
property is uniquely situated to not allow container removal from the public alley or who
has a personal hardship not allowing such storage. A hardship waiver form must be
completed explaining the reason(s) for a hardship. Such a hardship exception or variance
shall be approved in a letter or other memorialization from the General Manager or
designee. Such memorialization shall list the reasons and may be limited in time. (Ord.
27, 1997) (Ord. 93, 2012)
Section 7.01.090 Unauthorized Use of Containers. It shall be unlawful for any
person to deposit solid waste in a container owned or legally possessed by another
person in any place, public or private, without the written permission of the owner or legal
possessor of the container.
[80]
Chapter 7.02 - Annual Trash Charges
Section 7.02.010. Annual Charges. Pursuant to an ordinance heretofore adopted,
the Board has adopted the procedure set forth in Health and Safety Code Section 5473 for
the collection of solid waste charges on the tax roll on an annual basis along with the general
taxes collected by the tax collector. (Ord. 30, 1999)
Section 7.02.020. Substantive Requirements for Charges. Before said charges
are confirmed, the Board shall ensure that the charges meet the substantive requirements
imposed on such charges by California Constitution, Article XIIIDC:
1. Revenues derived from the fee or charge have not exceeded the funds required
to provide the property related service.
2. Revenue from the fee or charge is not being used for any purpose other than
that for which the fee or charge is imposed.
3. The amount of a fee or charge imposed upon any parcel or person as an
incident of property ownership does not exceed the proportional cost of the service
attributable to the parcel.
4. The fee or charge is not imposed for service unless the service is actually used
by, or immediately available to, the owner of the property in question.
5. No fee or charge is being imposed for general governmental services such as
police, fire, ambulance, or libraries, where the service is available to the public in
substantially the same manner as it is to property owners. (Ord. 30, 1999)
Section 7.02.030. Procedural Requirements. Pursuant to California Constitution
Article XIIIDC, before said charges are confirmed for a new or increased charge, a public
hearing shall be held in which a protest hearing is conducted. Notice of such hearing shall
be mailed to all owners of record that are the subject of the charge, and the hearing shall
also be published in accordance with law. If a majority protest is received, that charge shall
not be imposed. (Ord. 30, 1999)
Section 7.02.040. Filing of Report With Auditor. After the charges have been
confirmed, the clerk shall file a copy of the report with the auditor in the manner required by
Health and Safety Code Section 5473.4. (Ord. 30, 1999)
[81]
Title 8
Chapter 8.01 - Recycling
Section 8.01.010. Diversion Requirements. Pursuant to the State's Integrated
Waste Management Act (Public Resources Code Section 41780 et seq.) each city must
divert and reduce the volume of solid waste generated within a city. (Ord. 30, 1999)
Section 8.01.020. Recycling. The District is committed to recycling and may
implement a variety of programs to encourage and promote recycling and to assist in
reducing the waste stream. (Ord. 30, 1999)
(Ord. 30, 1999; Ord. 100, 2014)
Section 8.02.010. Definitions.
A. “Mixed Waste Container” shall mean a wheeled plastic container
for storing trash and recycling material as defined by this section and
provided by the District for automated collection services.
B. “Organic Container” shall mean a wheeled plastic container for
storing organic materials as defined by this section and provided by the
District for automated collection services.
C. “Organics Material” shall mean any type of waste originating from
plant or animal sources.
D. “Recycling” means the process by which recovered products are
transformed into new products, and includes the collection, separation,
recovery, and sale or reuse of metals, glass, paper, cardboard, plastics, and
other materials.
E. “Recycling Material” means a material which would otherwise
become residential industrial or commercial solid waste, which can be
source separated, collected, processed, and returned to the economic
mainstream in the form of raw materials or products.
Recycling materials such as glass (all colors), aluminum and metal cans,
cardboard, newspapers, magazines, mixed paper, and plastics (PET
(marked with “1”), HDPE (marked with “2”), PVC (marked with “3”), LDPE
(marked with “4”), PP (marked with “5”), PS (marked with “6”), and Other
(marked with”7”)). (Ord. 100, 2014)
Section 8.02.020 Permitted Recycling Materials. (a) The following are permitted
to be placed in the containers for collection:
A. Glass of all colors
[82]
B. Aluminum and metal cans, non-ferrous metal, tin
C. Cardboard
D. Newspapers, magazines and mixed paper
E. Plastics that include the following types:
1. Polyethylene Terephthalate PET (marked with #1)
2. High Density Polyethylene HDPE (marked with #2)
3. Polyvinyl Chloride PVP (marked with #3)
4. Low Density Polyethylene LDPE (marked with #4)
5. Polypropylene PP (marked with #5)
6. Polystyrene PS (marked with #6)
7. Other (marked with #7)
F. Wood
G. Concrete/Asphalt
Section 8.02.025 Permitted Organics Material. The following are permitted to
be placed in the organics container for collection:
A. Lawn clippings
B. Branches
C. Leaves and flowers
D. Shrubs, bushes, and weeds
E. Fruits and vegetables
F. Meat, poultry, and seafood, including bones
G. Eggshells
H. Rice
I. Beans
J. Pasta
K. Frozen/refrigerated food
L. Tea bags and coffee grounds
M. Fats, oil, and grease
N. Biodegradable plastics bags
O. Biodegradable plastic cups
Section 8.02.030 Processing Recycling Materials. District’s franchisee shall
divert recyclable material from the waste stream and provide documentation on the amounts
so diverted.
Section 8.02.040 Recycling Revenue. District franchisee shall make
available to District its annual audit performed by an independent Certified Public
Accountant showing all revenue derived from recycling, composting, or the generation of
renewable natural gas or fuel from District. Such statement shall include internal trail
reports supporting those financial statements. Such financial statements shall not
become public record by such disclosure, and said audit must be made available for
viewing by District officials at franchisee’s facility. (Ord. 100, 2014)
[83]
Title 9
Chapter 9.01 – Sewer and Trash Charge Exemptions and Reductions
Section 9.01.010. Sewer Exemptions Established. The District has established
that the following types of property shall be entitled to an exemption from assessment for
sewer service charges:
(a) Undeveloped or vacant parcels.
(b) Developed parcels that do not require sewer service, such as parks or parking
lots.
(c) Parcels currently begin lawfully served by septic tank or cesspool. (Reso. 94-
543, 1994)
Section 9.01.020. Sewer Assessment Reductions. The Board has determined
that a reduction in assessment may be appropriate for commercial, industrial and other
property that is assessed based on floor area in the following situations:
(a) If the floor area is only used for storage or warehouse space, and
(b) The floor area assessed has no floor drains or connections to District's facilities.
It shall be the applicant's burden to establish that such an assessment reduction is
appropriate. (Reso. 94-543, 1994)
Section 9.01.030. Trash Collection Exemptions. The following types of property
qualify for an exemption from the trash collection assessment:
(a) Property that has been served by a private hauler provided that the property
has never been served by the District's franchise contract hauler.
(b) Undeveloped property.
(c) Parcels developed in such a way that trash is not produced nor collected such
as parking lots and parking garages.
(d) Parcels that are developed and used in such a manner that the required
frequency of collection exceeds that provided by the District's franchise hauler, such as
apartments and common area developments.
(e) Any area served or to be served by the City of Newport Beach.
(f) Property developed in such a manner as to preclude curbside service.
(g) Property that is served by substandard streets so that a standard waste hauler
truck cannot have ingress or egress.
[84]
(h) Projects using trash bin service with no provision for individual trash container
pick up.
(i) An appropriate organization represents that the District cannot provide trash
collection service and provides the District with a contract for outside service and provides
District with assurances that such outside service will be maintained.
(j) Other circumstances that the Board may determine appropriate for granting an
exemption based on the fact that the property should not be charged for service.
Any exemption granted pursuant hereto may be revoked if the Board determines that the
facts have changed or were not as represented. Exemptions run with the land.
(Reso. 94-547, 1994)
[85]
Chapter 9.02 – Sewer and Trash Refunds
Section 9.02.010. Assessment Errors. The Board is aware that despite best
efforts to assess property fairly and accurately, that errors can occur that would justify
providing a refund for amounts that the Board might determine were improperly assessed.
(Ord. 30, 1999)
Section 9.02.020. Gift of Public Funds. The Board also is aware that it is
constitutionally prohibited from making a gift of public funds, which is an amount not legally
owed. (Ord. 30, 1999)
Section 9.02.030. Statute of Limitations. California law has both statutes of
limitation and claim filing requirements that must be met before a refund may be made.
(Ord. 30, 1999)
Section 9.02.040. Refund Policy. In light of the above, the Board does hereby
establish the following as its refund policy for sewer and trash assessments:
(a) For all claims for refunds for sewer or trash service for which a special rule (set
forth below) does not apply, refund procedures and time limitations will be governed by the
Tort Claims Act (Government Code Section 900 et seq.) including, but not limited to, the
requirements that the claimant present a written request for a refund from the Board within
one year of the accrual of the cause of action. Refunds will be allowed if the claimant's
request satisfies the procedures of the Tort Claims Act and if the claimant establishes that
his or her claim is meritorious.
(b) For amounts "paid under protest", refunds may be allowed for up to four years
provided that the procedures of the Health and Safety Code and Revenue and taxation
Code were followed. (See Health and Safety Code Section 5472; Revenue and Taxation
Code Sections 5097 and 5140 et seq.)
(c) Persons who have paid sewer service fees but who have received no service
and have not been connected to the District's system shall be eligible for a refund depending
on when the fees were collected as follows:
(1) If the fees were collected before January 1, 1992, there is no statute of
limitations and the claimant may submit a claim for such amount that he can prove that
he paid and for which he received no service.
(2) If the fees were paid after January 1, 1992, a claim must have been filed within
180 days of the date of the payment.
(3) Subsections (a) and (b) above only apply to fees collected and do not apply to
sewer assessments. (See Government Code Section 53082.) (Reso. 96-584, 1996)
(Ord. 44, 2004)
[86]
Title 10
Chapter 10.01 - Risk Management
Section 10.01.010. SDRMA. The District is a member of the Special District Risk
Management Authority (SDRMA) which provides the District with insurance protection for
property loss, general liability and employee's errors and omissions, boiler and machinery
and public officials bond. (Policy Statement 2/10/1989) (Reso. 94-539, 1994)
Section 10.01.020. Section 10.01.020. Safety Measures. The Board has
determined that prudent planning and risk management require the adoption of a safety
manual in compliance with the Special District Risk Management Authority as well as the
California Department of Occupational Safety and Health current standards. (Reso. 94-
539, 1994) (Ord. 94, 2012)
Section 10.01.030. Section 10.01.030. Safety/Loss Control Committee. A
safety/loss control committee, as per the District’s safety manual, shall be formed
consisting of the appropriate supervisory personnel to conduct investigations when an
industrial incident/injury has occurred to determine the primary and contributing causes
within seven working days of the initial report. This information is documented and
analyzed to assist in obtaining corrective actions to prevent similar accidents from
occurring in the future. The committee shall meet when an industrial incident/injury has
occurred. (Reso. 94-539, 1994) (Ord. 94, 2012)
Section 10.01.040. Standards Adopted. The following standards are adopted by
the Board, as they are presently published and as they may from time to time be amended,
and the same shall be incorporated into the District's standard construction specifications:
(1) The Work Area Traffic Control Handbook (WATCH).
(2) The Manual of Warning Signs, Lights and Devices for Use in Performance of
Work Upon Highways.
(3) State Labor Code Sections 6704, 6706 and 6707.
(4) The Construction Safety Orders (CAL/OSHA).
(5) The General Industry Safety Orders (CAL/OSHA).
(6) Standard Specifications for Public Works Construction (The Green Book).
(Policy Statement 2/10/1989) (Reso. 94-539, 1994)
Section 10.01.050. Safety Manual Adopted. The safety manual prepared by the
SDRMA, as the same may be amended from time to time, is adopted as the District's Safety
Manual. (Reso. 94-539, 1994; Reso. 94-546, 1994)
[87]
Section 10.01.060. Claims Manual. The District being subject to the California Tort
Claims Act, and the District being a member of the SDRMA has adopted the SDRMA Claims
Manual as its procedures for processing claims against the District. (Reso. 94-546, 1994)
Section 10.01.070. Indemnification. The District shall indemnify and defend
Directors, officers and employees from any claim, demand or liability provided that the
conditions of Government Code Section 825 are satisfied. (Ord. 30, 1999)
[88]
Chapter 10.03 - Emergencies
Section 10.03.010. Purpose. The purpose of this chapter is to provide for the
preparation and carrying out of plans for the protection of persons and property within the
District in the event of the emergency or disaster conditions hereafter referred to; the
direction of the disaster organization; and the coordination of the disaster functions of the
District with the City, County, OCSD and with all other public agencies, corporations,
organizations and affected private persons.
Section 10.03.020. Definitions. For the purpose of this chapter, certain words
and terms are defined as follows:
(a) “City” means the City of Costa Mesa or the City of Newport Beach;
(b) “County” means the County of Orange;
(c) “District” means the Costa Mesa Sanitary District;
(d) “OCSD” means the Orange County Sanitation District;
(e) “State of emergency” means the duly proclaimed existence of conditions of
disaster or of extreme peril to the safety of persons and property within the State caused
by such conditions as air pollution, fire, flood, storm, epidemic, riot, earthquake or other
conditions;
(f) “Local emergency” means the existence of conditions of disaster or of
extreme peril to the safety of persons and property within the territorial limits of a district,
city, county or district and city or district and city and county, caused by such conditions
as air pollution, fire, flood, storm, epidemic, riot, earthquake or other conditions.
(g) Other terms used herein shall have meanings as used in the California
Emergency Services Act.
Section 10.03.030. Emergency Operations Plan (EOP). The District shall
prepare, adopt, implement and revise when necessary an Emergency Operations Plan
that establishes the emergency organization, assigns tasks, specifies policies, and
general procedures, and provides for coordination of planning efforts of the various
agencies and service elements utilizing the Standardized Emergency Management
System (SEMS) and meeting the requirements established by the National Incident
Management System (NIMS). The objective of this plan is to incorporate and coordinate
all agencies and personnel within the district into an efficient organization capable of
responding to emergencies affecting the sanitary sewer system.
Section 10.03.040. Emergency Operation Center (EOC) - Activation. The
District’s EOC shall be activated and shall function as an emergency respondent
[89]
organization, only:
(a) Upon the declaration by the Governor of the state, or of persons authorized
to act in his stead, of a ‘‘state of emergency’’ affecting and including the District;
(b) Upon the declaration of a “local emergency” by the Board of Supervisors of
the County, or by persons authorized to act in its stead, affecting and including the District;
or
(c) Upon the declaration of a “local emergency” by the City Council of a City
within the District’s boundaries, or by persons herein authorized to act in its stead.
(d) Upon the declaration of the District General Manager that additional
resources are needed for a single incident occurring within the District.
Section 10.03.050. Emergency Operating Centers. Unless emergencies render
the same impossible or unduly hazardous to safety, two emergency operating centers
shall normally be maintained within the District; one of these at Headquarters (628 W.
19th Street), and the other at the Yard (174 W. Wilson Street).
Section 10.03.060. Director of Emergency Services. The General Manager of
the District shall be the director of emergency services. In the General Manager’s
absence or inability to act the General Manager shall automatically be succeeded as
director of emergency services by the officials and persons named for this purpose, and
in the order specified, in the EOP of the District.
Section 10.03.070. Powers of Succession. Each person who shall succeed to
each position or office as provided herein, shall succeed to all the powers and duties of
the office succeeded to immediately upon such succession.
Section 10.03.080. Line of Succession for Board of Directors. The line of
succession for the position of President during a state of emergency, local emergency or
other condition of disaster, unless otherwise ordered by the Board of Directors, shall be
Vice President followed by the Secretary and then the remaining Board of Directors in the
order of their seniority.
Section 10.03.090. Brown Act. The Brown Act provides that the usual rules with
respect to noticing meetings are altered when an emergency ours. For purposes of the
Brown Act, Government Code, Section 54956.5 provides that in cases:
(a) involving a work stoppage, crippling activity or activity that severely impairs
the public health and safety,
(b) of dire emergency as a crippling disaster, mass destruction, or threatened
terrorist act that poses peril so that giving of notice may endanger the public health or safety,
or
(c) as determined by a majority of the Board,
[90]
the Board shall provide such notice as may be required by the Brown Act, which may require
one-hour notice as provided in Government Code Section 54956.5((b)(2).
Section 10.03.100. County Interaction. The District is signatory to the
Operational Area Agreement of the County of Orange and Political Subdivisions. Such
agreement coordinates the District resources and needs with the County’s and other local
government entities’ and provides management in times of emergency through an
Emergency Area Council and Executive Board. The standing subcommittee is the Orange
County Emergency Management Organization (OCEMO). The District shall stay involved
in OCEMO and maintain contact and other resource information. District’s participation shall
be pursuant to the Standardized Emergency Management System (SEMS) and its national
counterpart (NIMS). (Ord 64, 2007)
Costa Mesa Sanitary District
... an Independent Special District
Resolution No. 2016-882 – Administrative Policies
Item Number:13.
Recommendation/Notes:
Recommendation: That the Board of Directors approves adopting Resolution No. 2016-882
readopting Administrative Policies Manual to supplement personnel rules set forth in the
Employee Handbook.
ATTACHMENTS:
Description Type
Resolution No. 2016-882 – Administrative Policies Cover Memo
Protecting our community's health and the environment by providing solid waste and sewer collection services.
www.cmsdca.gov
Costa Mesa Sanitary District
….an Independent Special District
Memorandum
To: Board of Directors From: Scott Carroll, General Manager
Date: May 26, 2016
Subject: Resolution No. 2016-882 – Administrative Policies
Summary
The Board of Directors established an ad hoc committee to review the District’s
Administrative Policies and suggest changes, if necessary. The Board appointed Vice
President Perry and Assistant Secretary Schafer to serve on the committee and then report back with their findings and/or recommendations.
Staff Recommendation
That the Board of Directors approves adopting Resolution No. 2016-882 readopting
Administrative Policies Manual to supplement personnel rules set forth in the Employee Handbook.
Analysis
The Administrative Policies are internal procedures for administrative operations. The
procedures apply to staff only. The General Manager has the authority to approve new and/or amended administrative polices, in accordance with Operations Code Section
3.02.060. On May 10, 2016 the ad hoc committee reported their findings and
recommendations for revising the Administrative Policies Manual. The Manual is now
ready for re-adoption by resolution.
Attachment A is Resolution No. 2016-882 that will re-adopt the manual. Attachment B
is a copy of the Manual that include track changes so the public can see where
changes were made.
Strategic Plan Element & Goal This item complies with the objective and strategy of Strategic Element No. 5,
Administrative Management, which states:
Board of Directors May 26, 2016
Page 2 of 2
“Objective: To create, maintain and implement policies and procedures to ensure
sound and transparent management of the District.”
“Strategy: We will conduct periodic reviews, refine and implement policies and
procedures, and ensure the General Manager has the direction and tools necessary
for successful District operations.”
Legal Review
District Counsel has reviewed and commented on the Administrative Policies and he
has reviewed and approved the attached resolution.
Environmental Review Revising subject documents is an administrative matter and is categorically exempt
under the California Environmental Quality Act (CEQA) (Public Resources Code
Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing
its own procedures “to list those specific activities which fall within each of the exempt
classes”, and the District has adopted “CEQA Guidelines and Implementing Procedures” that state on page 6 “”Projects” does not include …. C. Continuing
administrative or maintenance activities.”
Financial Review
There are not financial impacts to the District for reviewing and updating District policies and procedures.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet
for the May 26, 2016 Board of Directors regular meeting at District Headquarters and posted on the District’s website.
Alternative Actions
1. Direct staff to report back with more information.
Attachments A: Resolution No. 2016-882
B: Administrative Policies Manual
RESOLUTION NO. 2016-882
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
COSTA MESA SANITARY DISTRICT ADOPTING AN
ADMINISTRATIVE POLICIES MANUAL TO SUPERSEDE THE ADMINISTRATIVE REGULATIONS PREVIOUSLY IN EFFECT AND SUPPLEMENTING THE PERSONNEL
RULES SET FORTH IN THE EMPLOYEE HANDBOOK
WHEREAS, the Board of Directors adopted an Operations Code and Personnel Rules that provided the General Manager with authority to adopt Administrative
Regulations to supplement that Code and those Regulations; and
WHEREAS, the Operations Code provided at Section 3.03.060 that the General Manager is authorized to make revisions to the Employee Handbook and Administrative Regulations provided no increases or decreases in compensation are made; and
WHEREAS, the Board of Directors Ad Hoc Committee reviewed the District’s
ordinances, handbook and administrative regulations and determined that the Administrative Regulations should henceforth be known as the Administrative Policies and that the District would have the same authority to make minor revisions to those Policies;
and
WHEREAS, the Board of Directors has therefore adopted an Administrative Policies Manual to supplement Personnel Rules that are set forth in the Employee Handbook pursuant to District Operations Code Section 3.02.060 (the Manual); and
WHEREAS, Section 3.02.060, as recently amended, provides that the General
Manger, who is the District’s Personnel Officer, the authority to issue Administrative Policies to further clarify Personnel Rules; and
WHEREAS, otherwise, the Board is to amend the Administrative Policies by
Board action; and
WHEREAS, the Board does hereby desire to readopt the Administrative Policies Manual including changes made by the Board and those made by the General Manger
within his authority; and
WHEREAS, the Board does intend to periodically update the Manual by resolution;
NOW, THEREFORE, the Board of Directors does hereby RESOLVE as follows:
1. That the foregoing recitals are true and correct 2. That the Manual attached hereto and incorporated herein by reference is
adopted as the latest version of the Administrative Policies and shall bear
the date of this resolution.
PASSED and ADOPTED this 26th day of May, 2016.
ATTEST:
________________________________ ________________________________
Secretary, Costa Mesa Sanitary District President, Costa Mesa Sanitary District Board of Directors Board of Directors
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, Noelani Middenway, Clerk of the Costa Mesa Sanitary District, hereby certify
that the above and foregoing Resolution No. 2016-882, was duly and regularly passed and adopted by said Board of Directors at a regular meeting thereof held on the 26th day of May, 2016 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
Costa Mesa Sanitary District, this 26th day of May, 2016.
_________________________________ Noelani Middenway Clerk of the Costa Mesa Sanitary District
COSTA MESA SANITARY DISTRICT
ADMINISTRATIVE POLICIESREGULATIONS
20163
CMSD STAFF
MaySeptember 20163
2 | Page
TABLE OF CONTENTS
Administrative
Policy No. Subject Page No.
10.00 PURPOSE 3
20.10
CUSTOMER RELATIONS
5
20.20
PAPERLESS AGENDA
6
20.30
EMERGENCY RESPONSE FOR HOSTILE OR VIOLENT INCIDENTS
8
20.40
REWARDING IDEAS PROGRAM 13
20.50
SAFETY AWARD FOR EXCELLENCE 17
30.00
PERSONNEL
19
40.10
CONTRACT ADMINISTRATION
20
40.20
REAL PROPERTY ACQUISITION
22
40.30
PETTY CASH
25
40.40
PURCHASING POLICY
29
50.00
LIABILITY CLAIM PROCEDURES
30
3 | Page
Costa Mesa Sanitary District
Administrative Policy No. 10.00
Date Approved: May 12, 2005
Date Updated: ________, 2016
SUBJECT: PURPOSE
PURPOSE: To assist in interpreting various administrative policies
I. Purpose
The purpose of this policyregulation is to establish a manual to assist all
District personnel in interpreting various administrative policies that will be periodically
issued by the General Manager will issue in accordance with Section 3.02.060 of the District’s the Operations Code Section 3.02.060.
II. Policy
A. The Costa Mesa Sanitary District Staff will propose recommended Administrative Policies to the General Manager for approval and implementation. The General Manager shall be responsible for issuing
and distributing all Administrative Policies.
B. Approved policies will apply to and be binding on all District employees. The District will issue said Administrative Policies to each District employee.
C. Administrative Policies will not supersede the District Operations Code,
the District Employee Handbook or any memoranda of understanding that may be in effect.
D. The Administrative Policies exist in the following categories:
No. 20 General Administrative
No. 30 Personnel
No. 40 Finance and Payroll
4 | Page
No. 50 Safety and Accident Reporting
These categories may be revised to meet changing needs.
III. Effective Date
The effective date of this Administrative Policy shall be the date first written
above.
5 | Page
Costa Mesa Sanitary District
Administrative Policy No. 20.10
Date Reviewed _________, 2016
SUBJECT: CUSTOMER RELATIONS
PURPOSE: Establish proper procedures for positive customer relations.
I. Purpose
The purpose of this policy is to outline best practices for positive customer relations.
II. Policy
Costa Mesa Sanitary District employees are expected to be polite, courteous, prompt, and attentive to every customer. Never regard a customer's question or
concern as an interruption or an annoyance. All employees must make every
effort to achieve complete, accurate, and timely communications - responding
promptly and courteously to all proper requests for information and to all
complaints.
Never place a telephone caller on hold for an extended period. Direct
incoming calls to the appropriate person and make sure the call is received.
Through your conduct, show your desire to assist the customer in obtaining the
help he or she needs. If you are unable to help a person requesting assistance, find someone who can.
All correspondence and documents, whether to customers or others, must be
neatly prepared and error-free. Attention to accuracy and detail in all paperwork
demonstrates your commitment to those with whom we do business.
When an employee encounters an uncomfortable situation that he or she
does not feel capable of handling, the General ManagerAdministrative Service
Manager should be called immediately for assistance. Employees should never
argue with a customer. If a problem develops, or if a customer remains dissatisfied, ask your supervisor to assist in a resolution.
6 | Page
Costa Mesa Sanitary District
Administrative Policy No. 20.20
Date Approved: November 7, 2012
Date Updated: _________, 2016
SUBJECT: PAPERLESS AGENDA
PURPOSE: To improve operational efficiencyies and reduce cost for printing paper
I. Purpose
The primary purpose of this policy is to reduce the amount of paper needed to
disseminate agenda packets to the Board of Directors and staff. In doing so, the District
will improve operational efficiencies, reduce costs, and move the organization towards
achieving zero waste strategies. II. Scope
This policy applies to District staff for preparing and disseminating agenda
packets to the Board of Directors meetings as well as Board of Directors Study
Sessionsappointed standing committees such as the Operations Committee.
III. Policy
In recognition of the large amount of paper used to prepare and disseminate
agenda packets to the Board of Directors, the following guidelines shall be used by staff
when preparing agenda packets. 1. When the agenda packet is complete, the entire packet will be uploaded on
the District website using NovisAgenda scanned in a pdf format.
2. After the agenda packet is scanned, the document will be uploaded on the
home page of the District’s website.
3. The District Clerk of the Board or his/her designee will send an electronic notification to subscribing members of the public and message to the Board of
Directors and staff that the agenda is available to download from the District’s
website. The message will include a direct link to download the agenda
packet online.
4. Before a Bboard and/or committee meeting begins, District staff will download the agenda packets on designated iPads for the Board of Directors and
following staff members:
7 | Page
a. General Manager b. District Counsel
c. District Engineer
d. District Treasurer
e. Deputy District Clerk f. FinanceAdministrative Service Manager g. Accounting Manager
5. When meetings are ready to begin, the agenda packet will be available to
view on said iPads.
6. At the end of the meetings, the iPads will be stored in a safe that is specifically designated to store iPads and the devices will be charged while
not in use.
7. The iPads are to be used for public meeting purposes only. They are not to
leave District premises or to be used for personal and/or private uses.
8. Board members shall decide individually if he/she prefers to receive hard copies of the agenda packet.
8 | Page
Costa Mesa Sanitary District
Administrative Policy No. 20.30
Date Updated: , 2016
SUBJECT: EMERGENCY RESPONSE FOR HOSTILE OR VIOLENT INCIDENTS
PURPOSE: Establish procedures addressing the response to a potential hostile or
violent event.
I. Purpose
To provide direction for the Costa Mesa Sanitary District Board of Directors and
staff regarding responses to hostile or violent incidents including possible armed
intruders or related threats on District facilities or properties.
II. Background
The potential for hostile or violent incidents on Costa Mesa Sanitary District facilities or operational locations always exists. In recent time frames, incidents involving armed intruders have occurred in increasing frequency involving injuries
and deaths at government institutions, offices and educational facilities. Often, an
intruder is a person who is an ex-employee, customer or person known to the
agency involved. The person often is upset at an event or person who works at the facility. However, armed intruders can be any variety of persons who have an anger situation affecting one or more staff members or other related persons to the District.
Often, incidents involving armed intruders escalate to include multiple persons and
potentially taking of hostages, including District customers.
Threats of these types and risks are to be considered extreme emergencies and the safety and well-being of employees and/or customers is the highest priority.
III. Policy Any evidence of the exposure to a hostile or violent person or situation on
District facilities or operating areas should be taken seriously for safety purposes.
Any Director or staff employee observing or sensing that a violent or hostile
situation is occurring should consider taking precautionary and safety actions. A. Any event resulting in awareness of a possible violent act including
possible gunfire, explosion, fighting, scuffling could indicate an incident
of violent potential. Any staff person observing such potential activities
9 | Page
should take steps to protect themselves and others on the District premises including but not limited to:
1. Attempt to communicate the situation to everyone in
the facility by means of telephone, texting, email and/or radio system including basic information that a potential incident is occurring. If a perpetrator(s) is
seen or known, information on the person(s) should be
provided.
2. Since different types and levels of workplace violence may require various responses, establishing basis
information on the type of event is essential.
Examples are:
a. Gunfire
Awareness of gunfire in the facility should
result in evacuation to the extent that is possible. If
not possible, securing of rooms or offices and notification of others by phone or email is encouraged. Calling emergency resources via 911 is
imperative once safe to call. Remain in the most
secure location possible until contacted by public
safety personnel or a facility supervisor, etc. b. Explosion
An explosion could occur naturally or by violent
intention. Awareness of an explosion or fire in the facility should result in immediate evacuation in accordance with the established evacuation plan.
Response to a planned location is important to make
known who is out of the facility.
c. Physical or bomb threat
Awareness of a telephone or in person threat
to facility or staff should be met with action to
evacuate and clear staff from the threatened area. Calling 911 as soon as possible is imperative.
10 | Page
d. Situations involving hostages
If a possible hostage incident is known,
evacuation of the facility is paramount to safety of
persons in the area. Contact 911 immediately. e. Irate customer/threat at counter or meeting
In cases where any person acts to threaten a
staff person or customer at a District facility in a manner causing fear for safety, action to summon public safety personnel by 911 should be taken. In no
way should steps be taken to challenge or subdue
such a person except in defense of life for self or
immediate others at the facility. f. Volatile Situation at public meeting
In the event that a volatile situation occurs at a
Board of Directors or other public meeting, the person chairing/hosting the meeting should take steps to control the situation or adjourn the meeting to abate
the confrontation, if possible. In event of threatening
or hostile situation, call 911 immediately and proceed
with evacuation or other appropriate actions. The Brown Act allows the meeting to be cleared in the event of disruption. Penal Code Section 403 makes it
a misdemeanor to willfully disrupt a public meeting.
IV. Planning for Emergency Incidents
A. Steps should be taken to plan response capabilities for emergencies in
addition to fires, earthquakes, etc. that may involve hostile situations.
These include but are not limited to: 1. Preparation of a facility evacuation plan from each room.
Post the plan at each doorway and hallway exit. Have a
safe area zone for staging established.
2. Lock down procedures to secure the facility in a hostile or violent incident for both exterior and interior doors.
11 | Page
3. Develop an emergency notice code for texting, email and telephone to facility and District staff. Use of a Code: Mr.
Blue, is recommended.
4. Training of all personnel in dealing with customers, employees and other persons in aggravated situations and how to identify and assess potential threats or volatile
situations. All employees assigned or expected to serve at
the front desk or counter shall receive web based (Target
Solution)such training regularly. B. All employees and members of the Board of Directors shall receive
training on response to violent or hostile incidents. In the event of a
potential incident, notify a supervisor or the General Manager as may be
possible or call 911 when an active incident is occurring. If assessment of a possible threat is needed, the General Manager or ranking staff person shall be notified for considering validity of the threat or safety risk. Public
safety agency shall be contacted by 911 whenever a perceived threat is
considered valid.
V. Actions for Violent or Armed Threat Situation
The existence or potential for an event involving a violent person or armed
intruder at a District facility should be considered an emergency condition. Actions could include up to and all of:
A. Notify your supervisor or General Manager and other staff immediately if a
threat is received but not actively in process. If validated, contact public
safety by calling 911 immediately. B. The General Manager or ranking staff member shall evaluate the situation
and consider appropriate actions including shutting down operations and
evacuation and/or locking down the facility until public safety response abates
the threat. C. Initiate notification of other facility staff of active threat by emergency code
procedure. For instance, “Code blue” means contacting the Costa Mesa
Police Department immediately. Evacuate the facility wherever possible.
Secure money or computer equipment if time allows. D. Upon sighting an armed intruder, an alert to all employees should be made by
page, email or telephone.
12 | Page
E. Secure your work area or evacuate if safely possible. If not able to evacuate, find a safe hiding place and stay put until contacted by public safety
personnel.
F. Once outdoors after an evacuation, proceed to planned staging area to report in for identification. Inform public safety personnel of any information on the incident.
G. Attempt to remain calm and assist others; wait for instructions from public
safety or supervisory personnel. H. Do not attempt to look around to see what is happening. Evacuate whenever
possible and with others in areas you see directly. Do not confront or attempt
to apprehend a violent perpetrator unless directly attacked for self-defense.
Do not assume someone already called 911, call them immediately. VI. Post Event Actions
A. Following the clear announcement of ending of a violent or hostile person
situation, contact public safety or supervisory personnel for instructions. Report any knowledge or firsthand observations of the incident. Contact your family and immediate friends so they will not take any actions to respond
unnecessarily. Await direction as to return to work or other steps dependent
on level of the incident. If not able to do so, consult with your supervisor or
notify the ranking person on-site. B. An Emergency Response Coordinator shall evaluate and debrief any major
incident and to take needed steps to abate the conditions after the event and
prepare as necessary for continued operations. Planning and actions to
address conditions are expected and your input is important via your supervisor. There may be the potential to lock-down or close the facility from operating for some time or corrective steps. If deemed needed, seek
direction on what actions you should take to assist in procedure.
13 | Page
Costa Mesa Sanitary District
Administrative Policy No. 20.40 Date Updated: ____________, 2016
SUBJECT: REWARDING IDEAS PROGRAM
PURPOSE: To encourage employees to generate ideas for organization improvements
A. Purpose
To establish District procedures for an employee suggestion program encouraging employees
to generate ideas for organizational improvements and providing a system for answering and recognizing adopted ideas.
B. Policy
Costa Mesa Sanitary District supports a work environment that encourages participation,
innovation, and organizational improvement. The District encourages the use of the Rewarding Ideas Program which furnishes a process for submitting cost saving ideas to District
Management. The program is designed to encourage employees to take an increased interest
in District operations and to generate cost saving ideas. The Rewarding Ideas Program is administered by the District’s Personnel ManagerManagement Analyst II.
The General Manager will provide recommendations to the Board of Directors for monetary awards to employees. The General Manager has the exclusive right to establish award policy
and structure of the suggestion system. This includes the right to amend the system at any time with due notice of change. All suggestions become the exclusive property of the District and
shall not form the basis of a future claim upon the District by the suggester/employee, his/her
heirs, successors or assigns, including suggestions that are subsequently patented.
C. Authority and Responsibility
Every District employee on active payroll status at the time of submission of a suggestion will be
eligible to receive awards with the exception of the following: Members of the Board of
Directors, the General Manager, Administrative Services Manager, Finance Manager contract staff, temporary employees, and interns.
D. Procedures 1. Suggester
14 | Page
Suggestion forms may be obtained from the District’s personnel managerManagement Analyst II. The suggester should read the instructions on the suggestion form, fill the
form out completely and carefully, and then return it to the Personnel
ManagerManagement Analyst II through interoffice mail. The suggester should retain a copy for his or her own records.
2. Management Analyst II (HR & Risk Management)Personnel ManagerManagement Analyst II
A. The Management Analyst IIPersonnel ManagerManagement Analyst II will date stamp the suggestion form when received. The Personnel ManagerManagement Analyst
II will prepare in advance all information required to expedite processing of the
suggestion. In addition, the Personnel ManagerManagement Analyst II will assure that each suggestion is fairly and thoroughly investigated and reported upon. The Personnel
ManagerManagement Analyst II will also request further information and investigation if
rejection of a suggestion is questioned the General Manager.
B. To be eligible for an award, the suggestion must be adopted and implemented to
accomplish one or a combination of the following:
• Save material, supplies, money, space, time, or labor;
• Improve service, safety conditions, or morale;
• Improve methods, procedures, or equipment, resulting in increased output and/or
efficiency; or,
• Eliminate unnecessary procedures, records and forms.
Suggestions not eligible for award are:
• Propositions which call attention to a problem but do not propose an acceptable solution.
• Those dealing with normal maintenance, unless such suggestions contribute to a
solution of maintenance problems.
• Those dealing with salary adjustments, employee benefits and job classification.
• Those not original with the suggester, or those submitted for an ineligible suggester.
• Those which are duplications of suggestions submitted within the last 24 month period.
• Those submitted over 90 days after implementation of the suggestion.
• Those that contain an idea already under active consideration by the District.
• Those which are within the job responsibility of the suggester.
• Those that deal with hours and other terms and conditions of employment.
• Suggestions that do not relate to District nor fall within the authority or responsibility
of the District or would require statutory change in the law. C. The Personnel ManagerManagement Analyst II will be responsible for internal
marketing and administration of the Rewarding Ideas Program. The Personnel
ManagerManagement Analyst II brings the suggestion to the attention of the General Manager for review and provides linkage between the suggester and the evaluation
15 | Page
process. In addition, the Personnel ManagerManagement Analyst II monitors the evaluation process to ensure completion within 45 days of receipt of the suggestion.
D. The Personnel ManagerManagement Analyst II shall ensure the fair and careful review of suggestions submitted by employees in a timely manner. The Personnel
ManagerManagement Analyst II shall call upon additional resources from other departments, Finance, as needed. Evaluation of the suggestion will begin with initial determination that it is legal and safe. The Personnel ManagerManagement Analyst II
will then determine whether the suggestion has the potential to save money, generate revenue, reduce or eliminate waste, provide better customer service, save time, improve morale and/or productivity.
E. Based upon this analysis, the Personnel ManagerManagement Analyst II will
complete a Suggestion Evaluation form with a recommendation to accept or decline the
suggestion. The form shall indicate whether or not the suggestion is feasible and cost effective, has been adopted, any actual or estimated reduction of expenditures made
possible by the suggestion, or reason for its rejection. The Personnel
ManagerManagement Analyst II will return the Evaluation form to the General Manager within 22 days of receiving the suggestion. If the suggestion is deemed not feasible for
implementation, the suggester will receive a copy of the evaluation.
3. Finance Manager The Personnel ManagerManagement Analyst II will forward the suggestion to the
Finance Manager who will analyze any tangible savings in light of the current budget.
The Finance Manager will attest to the accuracy of amounts saved by signing the Suggestion Evaluation form. The Finance Manager will then return the completed form
to the Personnel ManagerManagement Analyst II. Note: All evaluations must have the signatures of the personnel managerManagement Analyst II and the Finance manager along with the reward recommendation.
4. General Manager
The General Manager will review the Personnel ManagerManagement Analyst II’s evaluation and determine if an award should be made. If the suggestion is acceptable
and meets the criteria for an award, the General Manager will recommend to the Board
of Directors that the suggester receive an award. The Personnel ManagerManagement Analyst II will notify the suggester that the suggestion and award has been
recommended for approval.
5. Board of Directors
A. Upon receiving a recommendation from the General Manager, the Board of
Directors shall consider the recommendation and approve it unless, after investigating
the operation of the suggestion, the Board determines the recommendation is not in accordance with the provisions of the Program in which event the Board shall direct the
General Manager to reanalyze the suggestion and make a new recommendation. Upon
approval by the Board of Directors, the award, if any is recommended, shall be made at a Formal Board Meeting.
16 | Page
B. Suggestions will be determined “closed” but not “declined” if the Personnel ManagerManagement Analyst II is unable to determine an approximate
implementation/adoption date within 12 months of evaluation of the suggestion (i.e., due
to budgetary constraints). The suggester may retain ownership of the suggestion by resubmitting the idea within one year and thirty days of notification. The suggestion must
be resubmitted on a new form referencing the original suggestion control number.
E. Reward Levels
If a suggestion is determined to provide a tangible benefit from either additional revenues or savings in materials, equipment, overhead or deleted positions, a cash award of 20% of the first
year’s revenues/savings may be awarded to the suggester. In no event will the monetary award to any one suggestion exceed $1,000 or be less than $25.
If a suggestion provides intangible benefits to a department, a certificate of commendation or a cash award up to $100 may be awarded to the suggester. These intangible benefits may include
time savings, improved morale, improved customer service, etc. for which monetary values
cannot be determined.
17 | Page
Costa Mesa Sanitary District
Administrative Policy No. 20.50
Date Reviewed: ___________, 2016
SUBJECT: SAFETY AWARD FOR EXCELLENCE
PURPOSE: To celebrate employees who excel in creating and maintaining a safe and
healthy workplace
A. Purpose
To establish a District recognition program celebrating employees who excel in creating and
maintaining a safe and healthy workplace by encouraging peers to recognize one another for a
job well done.
B. Policy
Costa Mesa Sanitary District is committed to safety. This commitment is largely dependent on
the willingness of every individual to pursue a safe, healthful, and environmentally sound work
place.
C. Authority and Responsibility Every District employee on active payroll status at the time of nomination will be eligible to
receive awards with the exception of the following: Members of the Board of Directors, the General Manager, contract staff, temporary employees, and interns.
D. Procedures
1. Employee Nomination
Nomination forms may be obtained from the District’s personnel managerManagement
Analyst II. The nominator should read the instructions on the nomination form, fill the
form out completely and carefully, and then return it to the Personnel ManagerManagement Analyst II through interoffice mail.
2. Personnel ManagerManagement Analyst II
18 | Page
A. The Personnel ManagerManagement Analyst II will compile all nominations and evaluate them against the eligibility criteria. The Personnel ManagerManagement
Analyst II will also request further information and investigation if rejection of a nominee
is questioned the General Manager.
B. To be eligible for an award, the nominee must satisfy at least 1 or more of the 5 criteria listed below:
• Implementing a safety program for their division
• Taking an active role and being a strong advocate of safety and health
• Demonstrating significant improvement over previous conditions
• Consistently maintaining a good safety program over a number of months
• Making an extra effort to improve or correct a specific aspect of safety within the
workplace C. The Personnel ManagerManagement Analyst II will be responsible for internal
marketing and administration of the Safety Award For Excellence Program. The Personnel ManagerManagement Analyst II will compile a list of eligible nominees and an
award recipient will be chosen at the monthly staff meeting.
D. The award recipient for the month will be automatically eligible for the annual
Safety Person of the Year drawing.
E. Reward Levels
The monthly Safety Award For Excellence winner will receive recognition at the monthly staff meeting and a small gift from the District.
The annual Safety Person of the Year award winner will receive recognition at the annual awards banquet and a plaque or trophy.
19 | Page
Costa Mesa Sanitary District
Administrative Policy No. 30.00
Date Reviewed: __________, 2016
SUBJECT: PERSONNEL
PURPOSE: To direct staff to the appropriate document related to personnel matters
I. Purpose
The purpose of this regulation is to establish a manual to assist in interpreting
various personnel rules, regulations, and policies the General Manager will issue in
accordance with the Operations Code Section 3.023.060.
II. Policy
A. The Costa Mesa Sanitary District Staff will propose recommended
Personnel Policies to the General Manager for approval and
implementation. The General Manager shall be responsible for issuing and distributing all Personnel Policies.
B. Approved policies will apply to and be binding on all District employees.
The District will issue said Personnel Policies to each District employee
through regular updates of the adopted Employee Handbook.
C. The Employee Handbook will not supersede any memoranda of
understanding that may be in effect.
III. Effective Date
20 | Page
The effective date of this Administrative Policy shall be the date first written above.
21 | Page
Costa Mesa Sanitary District
Administrative Policy No. 40.10
Date Approved: May 12, 2005
Date Updated: ______________, 2016
SUBJECT: CONTRACT ADMINISTRATION
PURPOSE: To establish consistent procedures for administration of all
contracts/agreements
I. Purpose: The purpose of this regulation is to establish consistent procedures for
administration of all contracts/agreements (Professional Services, Consultant
Services, Architect and Engineer Services) between the District and all private,
public and non-profit agencies. This policy does not include sewer projects, which are governed by the “State of California Public Contract Code.”
II. Procedure:
A. All contracts/agreements for services rendered will be in writing
and approved “as to form” by the District Counsel. District Risk
Manager will verify contractor provided proof of insurance in compliance with CMSD Operations Code 7.05.030(i). Each contract/agreement will identify the name and classification of the
Project Manager.
B. The General Manager will assign projects to appropriate staff,
designated as the Project Manager, responsible for contract/agreement preparation, execution, renewal, performance evaluation, progress reporting and contract payment. The project
manager will have a working knowledge of all applicable rules and
regulations pertaining to contract procedures.
C. All contract agreements will require prior authorization from the General Manager or Board of Directors depending on the dollar value of the agreement. Purchasing, Exceptions, Signatures,
Change Orders and Ratification requirements and thresholds
are established in Chapter 4.04 of the CMSD Operations
Code.
D. The Clerk of the District or his/her designee shall file the originals of all duly executed agreements/contracts, including approved
insurance certificates and all Exhibits. Originals of all duly
executed agreements/contracts, including approved insurance
22 | Page
certificates, are to be filed with the Clerk of the District and a copy attached to the initiating Purchase Requisition.
E. The Project Manager shall manage assigned
agreements/contracts and recommend appropriate performance
progress payments consistent with contract payment milestones, renewals, revisions, bond or insurance renewals or change orders or terminations at least 60 days prior to the expiration date
(unless specified otherwise in the contract) and within the terms of
the agreement/contract. Notification as to the changed status of
the agreement/contract will be in writing to the Treasurer
F. The District or the Contractor may initiate Change Orders.
1. In the case of Contractor initiated requests for Change
Orders, the Project Manager shall verify whether the contract
prerequisites have been met for justification of the Change
Order.
2. The project manager will verify availability of funds with the FinanceAccounting Manager prior to submitting a change
order. The change order shall identify the reason for the
change order and a recommendation, source of funds and a
budget adjustment when funds are not available.
3. The General Manager shall have the authority to approve change orders in compliance with Operations Code Section
4.04.060(e)
4. Following General Manager or Board approval, Finance will
issue a written Purchase Order for the Change Order to the agreement/contract, which shall be processed in the same manner as a regular Purchase Order.
III. Effective Date
a. The effective date of this Administrative Policy shall be the date first written
above.
23 | Page
Costa Mesa Sanitary District
Administrative Policy No. 40.20
Date Approved: May 12, 2005
Date Updated: _________________, 2016
SUBJECT: REAL PROPERTY ACQUISITION
PURPOSE: To establish uniform guidelines for the purchase of District property
I. Purpose: This procedure establishes uniform guidelines for the purchase of District property subsequent to approval in the annual budget. This procedure
applies to properties purchased for public facilities, and other Capital
Improvement projects. This procedure also applies to property the Board
approves outside of the normal budgetary process.
II. Policy:
a. General:
A. The General Manager or his/her designee will assign a Project
Manager to all projects this policy covers. The Project Manager
will be responsible for developing a comprehensive schedule for design, appraisal and acquisition of right of way, award of bid, manpower, potential issues and construction.
B. The GeneralProject Manager or his/her designee will determine
the property to be acquired, rationale for the acquisition and
financial limitations for the acquisition and fully coordinate the project with the District Treasurer and FinanceAccounting Manager. The GeneralProject Manager will submit a
recommendation schedule, budget and funding source(s) to the
Board of DirectorsGeneral Manager for approval.
C. The GeneralProject Manager will determine the availability of the Real Property subject to Board of Directors the General Manager’s approval. The GeneralProject Manager will notify the
Real Property Agent of the property to be acquired and provide
the budget limitations. The GeneralProject Mmanager will submit
all pertinent correspondence regarding the progress of real property negotiations to the Board of DirectorsGeneral Manager.
D. The GeneralProject Manager will be responsible for selecting the
appraiser to be used and for approval of all appraisal contracts.
Once the appraisal report is accepted, the GeneralProject
Manager and Real Property Agent will establish an acceptable
24 | Page
time schedule for negotiations (typically 30-45 days maximum, unless the Board of Directors approve a time schedule longer
than 45 days).
b. Acquisition by Negotiation:
A. Under the direction of the GeneralProject Manager, the Real Property Agent will negotiate for the purchase of the project.
B. The District Counsel will be responsible for legal advice, opinions
and documents as required for the acquisition. All requests and
responses will be fully documented.
C. The GeneralProject Manager will submit the negotiated price and support documents to the General Manager for presentation to the District Board of Directors in a publicly noticed closed session
meeting.
D. The Board of Directors Project Manager, in coordination with the
General Manager, District Counsel, Finance Manager and District Treasurer, will determine the escrow terms and escrow closing date after considering cash availability and will notify the General
Manager and Real Property Agent of the approved escrow closing
date. Following District Counsel review, the GeneralProject
Manager shall provide written authorization approving the terms of each escrow.
E. The Board of Directors will approve a warrant for Project Manager
will request approval from the Treasurer and Accounting Manager
to obtain a warrant. The Treasurer will approve the warrant
request and recommend it to the General Manager for approval. The General Manager will approve the warrant request and submit it for District Board action. The Treasurer will release the
warrant for deposit in escrow no sooner than two days before
escrow closes.
F. Following District Board of Directors approval, the Real Property Agent will transmit the warrant, District obligations under the terms of the escrow agreement and ensure all necessary
documents are recorded.
c. Acquisition by Condemnation Lawsuit:
A. Under Board of DirectorsProject Manager direction, the Real Property Agent will submit all necessary documentation to the District Counsel and the General Manager.
B. The District Counsel will prepare or approve all documentation
necessary for public hearings. The GeneralProject Manager or
his/her designee will ensure all required documentation is available for the public hearing.
25 | Page
C. The District Board of Directors shall delegate the specific authority to the District Counsel to culminate the acquisition of the property
when the District Board adopts the Resolution of Necessity to
Condemn.
D. After the condemnation lawsuit is filed, the District Counsel will keep the GeneralProject Manager and the Real Property Agent advised on:
1. Any changes in District appraisal of the property, and
2. the amount of all demands by the property owner and any
other persons entitled to payment.
E. Under direction of the GeneralProject Manager and following judgment or settlement in the condemnation lawsuit, the Real
Property Agent will be responsible for recording the necessary
document, obtaining title insurance if required, and taking any
other steps needed to effectuate transfer of title to the District.
d. Relocation: The GeneralProject Manager or his/her designee will be responsible for coordinating any relocation assistance as applicable and
adhere to all applicable City, State and Federal relocation assistance
guidelines.
III. Effective Date
a. The effective date of this Administrative Policy shall be the date first written above.
26 | Page
Costa Mesa Sanitary District
Administrative Policy No. 40.30
Date Approved: May 12, 2005
Date Updated: ________________, 2016
SUBJECT: PETTY CASH POLICY
PURPOSE: To establish a policy and procedure for the process by which petty cash
can be obtained, used, replenished, and audited
I. Purpose
The purpose of this policy/procedure is to describe the process by which petty cash can be obtained, used, replenished, and audited.
II. Scope
Petty cash may be required to pay for incidental services and purchases. This policy defines the petty cash request and approval process and the process by which funds shall be maintained and replenished.
III. Responsibility Assignments
A. Primary responsibility for updating this policy rests with the General Manager.
B. The Department managers hold primary responsibility for approving petty
cash requests and for implementing and assuring compliance with this policy/procedure.
C. Each employee is accountable for accurately completing the petty cash
request, obtaining proper approval, safeguarding the obtained cash, and
providing documentation (such as a receipt) for the use of funds. D. Finance is responsible for authorizing the replenishment of petty cash
funds and overseeing audits of petty cash.
27 | Page
E. Finance is responsible for processing the transactions through Accounts Payable and posting to the general ledger account indicated on the petty
cash receipt.
F. Petty Cash Custodian is accountable for safeguarding the petty cash he/she control, properly distributing the petty cash, and requesting reimbursements.
VI. Procedure
A. General
1. Petty cash box shall be protected from misappropriation and theft
by keeping it locked when not in use and stowing it in a secure area
such as locked drawer. Physical access to the cash and cash receipt records shall be limited to the Petty Cash Custodian.
2. Petty cash funds will not be given to persons who are not
employees of the District.
B. Disbursements
1. Petty cash disbursements are limited to $100.00 or less.
2. The District employees in need of petty cash funds must: a) Accurately & completely fill out a Petty Cash Request
in ink. The Petty Cash forms can be found in the District
Public drive in the Petty Cash file.
b) Obtain an approval and general ledger Account (charge-to-account) on the Petty Cash Request from the employee’s
department manager.
c) Attach documentation of expenditures (receipts) to the Petty Cash Request, if the request is a reimbursement.
d) Present the Petty Cash Request to the Petty Cash
Custodian, and sign the Petty Cash Request upon receipt of
monies. 3. Petty Cash Custodian will sign on the Petty Cash Request after the
employee has received the funds to which he/she is entitled.
4. General Manager and department managers need dual signatures and cannot approve their own petty cash request.
28 | Page
5. After receiving a cash advance, employees are responsible for
providing documentation (such as a receipt) and returning the
change within five (5) business days of the receipt of the funds.
Petty Cash Custodian shall inform the employee’s department manager whenever an employee fails to turn in receipt(s) or change within the required period.
6. Under no circumstances will additional funds be given to any
employee who has failed to turn in receipt(s) and change from a previous cash advance. Failure to turn in receipts may result in disciplinary action, including loss of the privilege of using petty
cash.
7. Petty Cash may be obtained for ultimate distribution to another authorized party (such as a seminar attendee). The employee receiving the cash from the Petty Cash Custodian signs the petty
cash request as he/she receives the funds from the Custodian. The
ultimate recipient of the funds must sign a receipt as proof he/she
received the funds. The receipt, which could be a duplicate petty cash request, must be given to the Petty Cash Custodian within five (5) business days.
C. Petty Cash Control Sheet The Petty Cash Custodian shall maintain records of the use of petty cash
by keeping the Petty Cash requests and recording all transactions on the
Petty Cash Control Sheet Immediately upon receipt or disbursement of
petty cash. The amount of cash in the Petty Cash Box should always equal the current balance on the Petty Cash Control Sheet.
D. Replenishment
1. The Request for Petty Cash Replenishment, Petty Cash requests (includes cash register receipt or other documents) Petty Cash Control Sheet and Petty Cash Drawer are turned-in by the Petty
Cash Custodian to Finance for review, audit of petty cash drawer
funds, and approval at the end of each month or when the balance
of cash in drawer falls below $100. 2. The approved Petty Cash Replenishment Request is forwarded to
Accounts Payable for processing as part of the next regularly
scheduled cash disbursement. Finance will present the check to
the bank for payment and deliver the cash funds to the Petty Cash Custodian. The Petty Cash Custodian will acknowledge receipt of
29 | Page
funds with his/her signature on the Request for Petty Cash Replenishment form.
E. Audits
1. Any Discrepancy in daily balancing must be reported to the General
Manager immediately, who shall investigate and take appropriate
action. 2. Finance shall audit the petty cash via the Petty Cash Control Sheet
at his/her discretion, but not less than twice a year. The amount of
cash in the cash box should always equal the amount on the Petty
Cash Control Sheet.
30 | Page
Costa Mesa Sanitary District
Administrative Policy No. 40.40
Date Updated: _____________, 2016
SUBJECT: PURCHASING POLICY
PURPOSE: To provide District staff and consultants with policies and procedures to be
used in the purchase of supplies, services, and equipment
I. Purpose
The purpose of this regulation is to establish a manual to provide District staff
and consultants with policies and procedures to be used in the purchasing of supplies,
services, and equipment while maintaining fiscal responsibility in the procurement
process. All policies and procedures set forth in this manual are designed to insure that
procurements are being accomplished in a timely, efficient manner at the most economical cost to the taxpayers.
II. Policy
A. The District Board of Directors adopted the purchasing policies and procedures as set forth in Title 4, Chapter 4.04 of the District’s Operations
Code on October 26, 2010. The Purchasing Ordinance begins on page
35 of the Operations Code.
B. Finance is responsible for periodic updates to the Purchasing Policy.
C. Approved policies will apply to and be binding on all District employees.
III. Effective Date
The effective date of this Administrative Policy shall be the date first written above.
31 | Page
Costa Mesa Sanitary District
Administrative Policy No. 50.00
Date Approved: May 12, 2005
Date Updated: ______________ 2016
SUBJECT: LIABILITY CLAIM PROCEDURES
PURPOSE: To provide District staff procedures to promptly process, evaluate, and resolve third party claims
I. Purpose: The District is a member of the Special District Risk Management Authority (SDRMA). This regulation establishes procedures to promptly process,
evaluate and resolve claims in the most effective and efficient manner.
II. Conduct After an Accident: Employees should not make statements about fault
to parties involved in the accident, but should only present identification and insurance information. Employees should also avoid making “gratuitous remarks” such as “we’ve been meaning to fix that pothole” or “this always happens.”
III. Loss Reporting: Effective claims management relies on the prompt reporting
and thorough investigation of losses to avoid needless litigation and unnecessary
costs.
a. Incidents occurring on District property or involving District employees from which a claim could result, or in which the District could be held
liable, must be reported promptly to the General Manager and labeled
“CONFIDENTIAL for District’s claims adjuster/attorney “with a copy to the
Administrative Service Manager, acting as the District Safety Officer (Management Analyst II, HR and Risk). All report fields should be completed, include the following:
A. Name, address and phone number of reporting party;
B. Date and time of the incident;
C. Exact location of the incident;
D. Name of person(s) sustaining injury;
E. Description of the injuries and complaints;
F. Description of property involved (if vehicle: make, model and
year);
G. Description of property damage;
H. Description of how the incident occurred;
I. Names, addresses and phone numbers of witnesses;.
32 | Page
I.J. Pictures of the accident.
b. All reports shall be completed and submitted immediately for reporting to
SDRMA. “Immediately” is defined as any time, day or night, within minutes
of such accident, regardless of whether the incident occurs during or
outside of standard working hours.
c. In all traffic collision incidents involving District vehicles, the official or employee shall immediately notify the Police Department and request the
presence of an officer for the purpose of filing an Accident Report. A
“District vehicle” is defined as any vehicle the District owns, leases or
rents.
d. After the initial reporting, any documents, police reports, correspondence, telephone call, inquiries from interested parties or other information
bearing upon the incident should be documented and reported to the
Management Analyst II (HR & Risk Management)Administrative Service
Manager for reporting to SDRMA, noting sources, dates, times and other relevant information.
e. All forms are available from the Management Analyst II (HR & Risk
Management)Administrative Service Manager and as provided in the
District SDRMA Property and Liability Coverage’s notebook.
IV. Claim Presentation: A claimant, or their attorney, is required to file a claim with the Costa Mesa Sanitary District and SDRMA shall review the claim for appropriate action.
V. Claim Investigation:
a. The Management Analyst IIAdministrative Service Manager will coordinate
investigation requirements with SDRMA, providing all reported information and any additional information including but not limited to photographs, diagrams and other applicable reports on file.
b. Requests for information, District records, or the taking of statements from
District employees from outside sources should be referred to SDRMA.
District employees are instructed to give information concerning accidents or claims only to the Management Analyst IIAdministrative Service Manager, General Manager, SDRMA, District Counsel, or their authorized
representatives.
VI. Lawsuits: Upon service of Summons and Complaint (by mail or personal
service), the Management Analyst IIAdministrative Service Manager and/or individual employee receiving it must immediately transmit these papers to the District Counsel and SDRMA with details as to date, time, place and how served.
VII. Effective Date
The effective date of this Administrative Policy shall be the date first written
above.
33 | Page
Costa Mesa Sanitary District
... an Independent Special District
Resolution No. 2016-883 – Employee Handbook
Item Number:14.
Recommendation/Notes:
Recommendation: That the Board of Directors approves adopting Resolution No. 2016-883
readopting the Employee Handbook setting forth personnel rules.
ATTACHMENTS:
Description Type
Resolution No. 2016-883 – Employee Handbook Cover Memo
Protecting our community's health and the environment by providing solid waste and sewer collection services.
www.cmsdca.gov
Costa Mesa Sanitary District
….an Independent Special District
Memorandum
To: Board of Directors From: Scott Carroll, General Manager
Date: May 26, 2016
Subject: Resolution No. 2016-883 – Employee Handbook
Summary
The Board of Directors established an ad hoc committee to review the District’s
Administrative Policies and suggest changes, if necessary. The Board appointed Vice
President Perry and Assistant Secretary Schafer to serve on the committee and then report back with their findings and/or recommendations.
Staff Recommendation
That the Board of Directors approves adopting Resolution No. 2016-883 readopting the
Employee Handbook setting forth personnel rules.
Analysis
The Employee Handbook is a book of rules, policies and procedures regarding
personnel matters such as recruitment, compensation and benefits, behavior
standards and safety measures. The General Manager has authority to amend some policies in the handbook, but the entire handbook is approved by the Board as well.
On May 10, 2016 the ad hoc committee reported their findings and recommendations
for revising the Employee Handbook. The Handbook is now ready for re-adoption by
resolution.
Attachment A is Resolution No. 2016-88 that will re-adopt the Handbook. Attachment
B is a copy of the Handbook that include track changes so the public can see where
the changes were made.
Strategic Plan Element & Goal This item complies with the objective and strategy of Strategic Element No. 5,
Administrative Management, which states:
Board of Directors May 26, 2016
Page 2 of 2
“Objective: To create, maintain and implement policies and procedures to ensure
sound and transparent management of the District.”
“Strategy: We will conduct periodic reviews, refine and implement policies and
procedures, and ensure the General Manager has the direction and tools necessary
for successful District operations.”
Legal Review
The law firm Liebert Cassidy Whitmore reviewed and commented the Employee
Handbook. District Counsel has reviewed and approved the attached resolution.
Environmental Review Revising subject documents is an administrative matter and is categorically exempt
under the California Environmental Quality Act (CEQA) (Public Resources Code
Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing
its own procedures “to list those specific activities which fall within each of the exempt
classes”, and the District has adopted “CEQA Guidelines and Implementing Procedures” that state on page 6 “”Projects” does not include …. C. Continuing
administrative or maintenance activities.”
Financial Review
There are not financial impacts to the District for reviewing and updating District policies and procedures.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet
for the May 26, 2016 Board of Directors regular meeting at District Headquarters and posted on the District’s website.
Alternative Actions
1. Direct staff to report back with more information.
Attachments A: Resolution No. 2016-883
B: Employee Handbook
RESOLUTION NO. 2016-883
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
COSTA MESA SANITARY DISTRICT RE-ADOPTING THE
EMPLOYEE HANDBOOK SETTING FORTH PERSONNEL RULES
WHEREAS, the Board of Directors has adopted Personnel Rules that have been
incorporated into a handbook pursuant to District Operations Code Section 3.02.060 (the Handbook); and
WHEREAS, Section 3.02.060 provides that the General Manger, who is the
District’s Personnel Officer, has the authority to make minor revisions to the Handbook
and to adopt Administrative Policies that implement those Personnel Rules provided that no significant increases or decreases in compensation are made thereby; and
WHEREAS, the General Manager is also authorized to make changes when
required by law; and
WHEREAS, otherwise, the Board is to amend the Personnel Rules by Board action; and
WHEREAS, the Board does hereby desire to readopt the Employee Handbook to
incorporate the Personnel Rules, including changes made by the Board and those made by the General Manger within his authority; and
WHEREAS, the Board does intend to periodically update the Handbook by
resolution;
NOW, THEREFORE, the Board of Directors does hereby RESOLVE as follows:
1. That the foregoing recitals are true and correct
2. That the Handbook attached hereto and incorporated herein by reference is adopted as the latest version of the Personnel Rules and shall bear the date of this resolution.
PASSED and ADOPTED this 26th day of May, 2016.
________________________________ ________________________________
Secretary, Costa Mesa Sanitary District President, Costa Mesa Sanitary District Board of Directors Board of Directors
STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, Noelani Middenway, Clerk of the Costa Mesa Sanitary District, hereby certify
that the above and foregoing Resolution No. 2016-883, was duly and regularly passed
and adopted by said Board of Directors at a regular meeting thereof held on the 26th day of May, 2016 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
Costa Mesa Sanitary District, this 26th day of May, 2016.
_________________________________ Noelani Middenway Clerk of the Costa Mesa Sanitary District
CCOSTA MESA SANITARY
DISTRICT
EMPLOYEE HANDBOOK
2016
[CITE YOUR SOURCE HERE.]
COSTA MESA SANITARY DISTRICT
EMPLOYEE HANDBOOK
TABLE OF CONTENTS
CMSD Employee Handbook Page 2 of 149
INTRODUCTION 4-10
ABOUT THIS HANDBOOK 4
HANDBOOK TERMS 5-10
SECTION 1 – GENERAL EXPECTATIONS 11-36
POLICY 1.1 – EQUAL EMPLOYMENT OPPORTUNITY 11
POLICY 1.2 – HARASSMENT, DISCRIMINATION & RETALIATION 12-18
POLICY 1.3 – WORKPLACE VIOLENCE PREVENTION 19-23
POLICY 1.4 – INCIVILITY & BULLYING 24
POLICY 1.5 – NEPOTISM 25
POLICY 1.6 – OUTSIDE EMPLOYMENT 26
POLICY 1.7 – DRESS CODE 27-29
POLICY 1.8 – CONDUCT & DISCIPLINE 30-32
POLICY 1.9 – SEPARATION FROM SERVICE 33-36
SECTION 2 – EMPLOYMENT SPECIFICS 37-98
POLICY 2.1 – RECRUITMENT & SELECTION 37-41
POLICY 2.2 – CLASSIFICATION & COMPENSATION 42-48
POLICY 2.3 – BENEFITS 49-71
POLICY 2.4 – TRAINING & TRAVEL 72-78
POLICY 2.5 – ELECTRONIC RESOURCES 79-87
POLICY 2.6 – PERFORMANCE EVALUATION 88-90
POLICY 2.7 – PERSONNEL FILES 91-92
POLICY 2.8 – REASONABLE ACCOMMODATION 93
POLICY 2.9 – STANDBY ASSIGNMENTS 94-95
POLICY 2.10 – GRIEVANCE PROCEDURE 96-97
POLICY 2.11– LEAVE DONATION 98
SECTION 3 – SAFETY 99-142
POLICY 3.1 – VEHICLE & FLEET SAFETY 99-105
POLICY 3.2 – INJURY & ILLNESS PREVENTION PROGRAM 106-112
COSTA MESA SANITARY DISTRICT
EMPLOYEE HANDBOOK
TABLE OF CONTENTS
CMSD Employee Handbook Page 3 of 149
POLICY 3.3 – HEAT ILLNESS PREVENTION PROGRAM 113-117
POLICY 3.4 – DRUG/ALCOHOL ABUSE & CONTRABAND 118-140
POLICY 3.5 – WORKERS’ COMPENSATION 141-142
APPENDIX 143-145
APPENDIX A - SUMMARY OF COMPENSATION & BENEFITS 143-145
Costa Mesa Sanitary District
Employee Handbook
Introduction
Effective Date:
Subject: About this Handbook Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 4 of 149 Effective:
Policy 1.0 – About this Handbook
1) AUTHORITY. The following rules, policies, and procedures are promulgated under the authority of
Title 1 of the Operations Code of the Costa Mesa Sanitary District (“District”). This Employee
Handbook shall be adopted and amended by resolution of the Board of Directors.
2) PURPOSE. The purpose of this Employee Handbook is to establish a system of personnel
administration based on merit principles. These merit principles include:
a) Recruiting, selecting, and advancing employees on the basis of their relative ability,
knowledge and skills, including open consideration of qualified applicants for initial
appointment.
b) Providing equitable and adequate compensation.
c) Training employees as needed, to assure high quality performance.
d) Retaining employees on the basis of the adequacy of their performance, correcting inadequate
performance and separating employees whose inadequate performance cannot be corrected.
e) Assuring impartial treatment of applicants and employees in all aspects of personnel
administration without regard to political affiliation, race, religion, color, sex, age, marital status,
sexual orientation, national origin, or handicap and with proper regard for their privacy and
constitutional rights as citizens.
3) APPLICATION. The provisions of these rules, policies and procedures shall apply to all offices,
positions and employments in the services of the District.
4) SCOPE. This chapter is a compilation of rules, policies and procedures which govern and affect
personnel administration for all employees of the District, pursuant to the purposes outlined in
Section 1.2 herein, unless specified otherwise. The rules, policies, and procedures incorporated
herein shall not preclude the development of internal rules, policies and operating procedures
within the organization nor the development of personnel or administrative policies and procedures
governing the implementation of these rules, policies, and procedures.
5) SEVERABILITY. If any provision of these rules, policies, and procedures or the application of such
provision to any person or circumstance shall be held invalid, the remainder of the rules, or the
application of such provision to persons or circumstances other than those as to which it is held
invalid, shall not be affected thereby.
6) APPOINTING AUTHORITY. As used in these Rules, the Appointing Authority shall be the General
Manager or his/her designee(s).
Costa Mesa Sanitary District
Employee Handbook
Introduction
Effective Date:
Subject: Handbook Terms Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 5 of 149 Effective:
Policy 1.1 - Handbook Terms
I. TERMS. Terms used in these rules are defined as follows:
a. ALLOCATION means the assignment of an individual position an appropriate
classification on the basis of the type, difficulty and responsibility of the work performed
in the position. As used in this Employee Handbook, employees are appointed to
positions, and positions are allocated to classes.
b. ANNIVERSARY DATE means the date recurring yearly upon an employee's regular
appointment or date of hire.
c. APPOINTING AUTHORITY means the General Manager is the appointing authority.
d. APPOINTMENT means the employment of a person in a position. Types of appointment
include:
i. Original Appointment means the person's first appointment as a District
employee.
ii. Provisional Appointment means the employment of a person to a vacant
position for no more than a six month period for emergency or in interim
conditions. The General Manager may extend a provisional appointment for up
to an additional six month period.
iii. Temporary Appointment means an employee hired into a position of limited
duration or for completion of a specific task or project without following the
rules regarding recruitment and selection. Temporary employees serve at the
pleasure of the appointing authority and may be removed at any time without
cause, notice or any right of appeal. Temporary employees are not eligible for
benefits other than those required by state or federal law.
e. CERTIFICATION means the process whereby the District identifies for an Appointing
Authority eligible individuals who have successfully completed all qualifying
requirements for appointment and appear on an employment list.
f. CLASS means a group of positions sufficiently similar in duties, responsibilities, authority
and qualifications for employment to permit combining them under a single title and
equitable application of common standards of selection and compensation.
g. CLASSIFICATION PLAN means the designation of a title for each class together with the
specification for each class as prepared and maintained by the District.
Costa Mesa Sanitary District
Employee Handbook
Introduction
Effective Date:
Subject: Handbook Terms Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 6 of 149 Effective:
Policy 1.1 - Handbook Terms
h. CLASS SPECIFICATION means a written description of a class setting forth factors and
conditions which are essential characteristics of positions in that class.
i. CONTINUOUS SERVICE means the employment without break or interruption of an
employee having a regular appointment.
j. DATE OF HIRE means the date of an employee's original appointment to the District.
k. DISASTER SERVICE WORKER performs any unit of the organization or any act
contributing to the protection of life or property or mitigating the effects of an
emergency. In accordance with Government Code Section 3100, all District employees
take and subscribe to the oath or affirmation before entering duties of employment and
are considered disaster service workers.
l. DISCHARGE means the involuntary separation of an employee from the service of the
District.
m. ELIGIBLE APPLICANT means a person whose name is on an employment list.
n. EMPLOYEE means a person occupying a position. Types of employees include:
i. At Will Employee means an employee serving at the pleasure of the appointing
authority who can be separated from employment for no cause. The District is
an “Employment at Will” employer, which means that there are no employment
contracts, expressed or implied, between the District and its employees.
Termination of the employment relationship can occur at any time.
ii. Exempt Employee means an employee who meets one or more of the duties
test exemptions from overtime under the FLSA (e.g. executive, administrative,
professional, computer employee) and who is paid on a salary basis, meaning
that he or she is compensated in a predetermined amount that is not reduced,
regardless of the quality or quantity of work actually performed, except as
required by the District’s principles of public accountability for partial-day
absences. An FLSA-exempt employee is not subject to the requirements of the
Fair Labor Standards Act and is not entitled to overtime compensation, and is
expected to work the number of hours necessary to meet the standards of job
performance.
iii. Full-Time Employee means an employee who works 40 hours per week.
Costa Mesa Sanitary District
Employee Handbook
Introduction
Effective Date:
Subject: Handbook Terms Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 7 of 149 Effective:
Policy 1.1 - Handbook Terms
iv. Non Exempt Employee means an employee who is paid on an hourly basis and
is subject to all Fair Labor Standards Act.
v. Part-Time Employee means an employee who works less than 40 hours per
week. Part-time employees receive different benefits than full-time employees
as specified in Appendix A – Summary of Compensation & Benefits.
vi. Provisional Employee means an employee who has a provisional appointment
to a vacant position for no more than a six month period or, upon specific action
by the General Manager, up to a second six month period for a total
provisional appointment of 12 months.
vii. Temporary Employee means an employee in a position for a period lasting one
year or less, with a specific expiration date. It is appropriate when there will be
no permanent need for the employee.
viii. Regular Employee means an employee who holds a budgeted position.
o. EMPLOYMENT LIST means a list of names of persons who have taken an open
competitive examination for a class and have qualified.
p. EXAMINATION means any device or procedure used in the selection process to measure
applicant abilities and suitability for a position including, but not limited to, oral
interviews, written tests, performance tests, and an evaluation of education and
experience. The types of examination processes include the following:
i. Open Competitive Examination means an examination for a particular class
which is open to all persons meeting the minimum qualifications for the class.
q. GENDER EXPRESSION means a person’s gender-related appearance or behavior,
whether or not stereotypically associated with the person’s sex at birth.
r. GENDER IDENTITY means a person’s identification as male, female, a gender different
from the person’s sex at birth, or transgender.
s. GENERAL MANAGER, in accordance with the District’s Operations Code, is appointed by
the Board of Directors to plan, manage, and operate the District and to report to the
Board. The General Manager’s duties shall also include acting as the Personnel Officer,
whereby he will hire and fire, develop classification plans, adopt organization charts,
and perform other duties related to personnel matters.
Costa Mesa Sanitary District
Employee Handbook
Introduction
Effective Date:
Subject: Handbook Terms Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 8 of 149 Effective:
Policy 1.1 - Handbook Terms
t. HOURLY RATE means the amount paid to an employee for each hour worked. The
hourly rate may be any amount within a specific hourly wage range.
u. IMMEDIATE FAMILY means for the purposes of this Employee Handbook, an employee's
father, mother, wife, husband, brother, sister, daughter, son, grandparents,
grandchildren, brothers and sisters having one parent in common, and those
relationships generally called "step," providing persons in such relationships have lived
or have been raised in the family home and have continued an active family
relationship.
v. LAYOFF means the abolishment of a position or positions due to reorganization,
reassignment, lack of work to be accomplished, or lack of funds.
w. LEAVE means authorized or unauthorized absence from an employee's place of work.
x. OVERTIME means time worked in excess of 40 hours in one workweek.
y. PERSONNEL ACTION means any action taken with reference to appointment,
compensation, promotion, transfer, layoff, dismissal, discipline, commendations or any
other action affecting the status of employment.
z. MANAGER means the position so designated by the General Manager within the
District's classification system.
aa. POSITION means a combination of current duties and responsibilities requiring the full-
time, part-time or temporary services of an employee.
bb. PROMOTION means the advancement of an employee from a position in one class to a
position in another class having a higher maximum rate of pay.
cc. REASSIGNMENT means the change of an employee from one class to another class
which is not due to a significant change in kind, difficulty or responsibility of the work
performed in the position.
dd. RECLASSIFICATION means a change in the classification level of an individual position by
raising the level to a higher class, reducing it to a lower class, or by moving it to another
class at the same level on the basis of significant changes in kind, difficulty or
responsibility of the work performed in the position.
ee. REDUCTION IN PAY means a salary decrease within the limits of the pay range
Costa Mesa Sanitary District
Employee Handbook
Introduction
Effective Date:
Subject: Handbook Terms Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 9 of 149 Effective:
Policy 1.1 - Handbook Terms
established for a class.
ff. REGULAR POSITION means a full-time or part-time position authorized and funded in
the District’s budget.
gg. RETIREMENT DISABILITY means the separation of an employee due to physical or
mental inability to perform the duties of the position after an employee has become
eligible for benefits under the Public Employees Retirement System.
hh. RETIREMENT SERVICE means the voluntary separation of a regular employee from a
regular position after becoming eligible for and applying to the Public Employees
Retirement System for retirement benefits.
ii. SALARY RANGE means the minimum, maximum and median salary or hourly wage rates
which may be paid to an employee within a class.
jj. SEPARATION means the termination of an employee's employment with the District
because of retirement, resignation, death or dismissal.
kk. SUPERVISOR means an employee with the responsibility of organizing, directing and
evaluating the work of other employees.
ll. SUSPENSION means the temporary and involuntary separation for a specified period of
time of an employee from a position for disciplinary purposes.
mm. TIME CARD means the document accounting an employee's actual work and
leave hours in a payroll or work period.
nn. TRANSFER means a change of an employee from one position to another position in the
same class or in a comparable class.
oo. TRANSGENDER is a general term that refers to a person whose gender identity differs
from the person’s sex at birth. A transgender person may or may not have a gender
expression that is different from the social expectations of the sex assigned at birth. A
transgender person may or may not identify as “transsexual.”
pp. UNPAID INTERN/VOLUNTEER means any individual (often a student or trainee) who
works without pay for the District or other covered entity in any unpaid internship or
anther limited duration program to provide unpaid work experience, or as a volunteer.
Unpaid interns and volunteers may or may not be employees.
Costa Mesa Sanitary District
Employee Handbook
Introduction
Effective Date:
Subject: Handbook Terms Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 10 of 149 Effective:
Policy 1.1 - Handbook Terms
qq. VACANCY means an unoccupied regular position of non-limited duration for which
funds have been authorized by the Board of Directors
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 1.1
Effective Date:
Subject: Equal Employment Opportunity Supersedes: N/A
Approved by: Signature:
CMSD Employee Handbook Page 11 of 149 Effective:
Policy 1.1 – Equal Employment Opportunity
1) GENERAL POLICY. It is the policy of the District to provide equal employment opportunity to all
persons.
a) All District recruitment, hiring, training, promoting and transferring shall be done without regard
to race, color, religion, national origin, sex, marital status, political affiliation, age, or physical or
mental disabilities not constituting bona fide occupational qualifications. All personnel policies,
procedures and practices shall be administered accordingly.
b) The District recognizes its moral and legal responsibility to provide equal employment
opportunity, to take affirmative and direct action at all levels of special district government
regarding job classifications, salaries, training, fringe benefits, and other personnel policies, and
to improve employment and career opportunities for minority group persons and women
according to affirmative action principles.
c) The General Manager is responsible for implementation of all equal employment opportunities
and affirmative action programs adopted by the District. Supervisors are required to assure that
equal employment opportunity concepts are supported by their organizations. Employee
organizations must support and comply with adopted programs and the District shall maintain
appropriate records and prepare status reports on implementation.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 1.2
Effective Date:
Subject: Harassment, Discrimination & Retaliation
Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 12 of 149 Effective:
Policy 1.2 – Harassment, Discrimination & Retaliation
1) PURPOSE. The purpose of this Policy is to: establish a strong commitment to prohibit and prevent
discrimination, harassment, and retaliation in employment; to define those terms; and to set forth a
procedure for investigation and resolving internal complaints. The District encourages all covered
individuals to report - as soon as possible – any conduct that is believed to violate this Policy.
2) POLICY. The District has zero tolerance for any conduct that violates this Policy. Conduct need not
arise to the level of a violation of law to violate the Policy. Instead a single act can violate this Policy
and provide grounds for discipline or other appropriate sanctions.
a) Harassment or discrimination against an applicant, employee, unpaid intern, volunteer, or
contractor by a supervisor, management, employee, elected or appointed official, co-worker,
member of the public, or contractor on the basis of race, religion, sex (including gender, gender
identity, gender expression, transgender, pregnancy, and breastfeeding), national origin,
ancestry, disability, medical condition, genetic characteristics or information, marital status, age,
sexual orientation (including homosexuality, bisexuality, or heterosexuality), or any other
protected classification as defined below, will not be tolerated.
b) This policy applies to all terms and conditions of employment, including, but not limited to
hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of absence,
compensation, and trading.
c) Disciplinary action or other appropriate sanction up to and including termination will be
instituted for prohibited behavior as defined below.
d) Any retaliation against a person for filing a complaint or participating in the complaint resolution
process is prohibited. Individuals found to be retaliating in violation of this Policy will be subject
to appropriate sanction or disciplinary action up to and including termination.
3) DEFINITION.
a) Protected Classification. This Policy prohibits harassment or discrimination because of an
individual’s protected classification. “Protected Classification” includes race, religion, color, sex
(including gender, gender identity, gender expression, transgender, pregnancy, and
breastfeeding), sexual orientation (including heterosexuality, homosexuality, and bisexuality),
national origin ancestry, citizenship status, marital status, pregnancy, age, medical condition,
genetic characteristics or information military and veteran status, and physical or mental
disability.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 1.2
Effective Date:
Subject: Harassment, Discrimination & Retaliation
Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 13 of 149 Effective:
Policy 1.2 – Harassment, Discrimination & Retaliation
i) This Policy prohibits the employer, elected or appointed officials, officers, employees,
unpaid interns, volunteers or contractors from harassing or discriminating against
applicants, officers, officials, employees, unpaid interns, volunteers or contractors because
of: 1) and individual’s protected classification; 2) the perception that an individual has a
protected classification; or 3) the individual associates with a person who has or is perceived
to have a protected classification.
b) Discrimination. This policy prohibits treating individual differently because of the individual’s
protected classification as defined in this Policy.
c) Harassment may include, but is not limited to, the following types of behavior that is taken
because of a person’s protected classification. Note that harassment is not limited to conduct
that employer’s employees take. Under certain circumstances, harassment can also include
conduct taken by those who are not employees, such as elected officials, appointed officials,
persons providing services under contracts, or even members of the public:
i) Speech, such as epithets, derogatory comments or slurs, and propositioning on the basis of
a protected classification. This might include inappropriate comments on appearance,
including dress or physical features, or dress consistent with gender identification, or race-
oriented stories and jokes.
ii) Physical acts, such as assault, impeding or blocking movement, offensive touching, or any
physical interference with normal work or movement. This includes pinching, grabbing,
patting, propositioning, leering, or making explicit or implied job threats or promises in
return for submission to physical acts.
iii) Visual acts, such as derogatory posters, cartoons, emails, pictures, or drawings related to a
protected classification.
iv) Unwanted sexual advances, requests for sexual favors and other acts of a sexual nature,
where submission is made a term or condition of employment, where submission to or
rejection of the conduct is used as the basis for employment decisions, or where the
conduct is intended to or actually does unreasonably interfere with an individual’s work
performance or create an intimidating, hostile, or offensive working environment.
(1) Guidelines for Identifying Harassment. To help clarify what constitutes harassment in
violation of this Policy, use the following guidelines:
(a) Harassment includes any conduct which would be “unwelcome” to an individual of
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 1.2
Effective Date:
Subject: Harassment, Discrimination & Retaliation
Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 14 of 149 Effective:
Policy 1.2 – Harassment, Discrimination & Retaliation
the recipient’s same protected classification and which is taken because of the
recipient’s protected classification.
(b) It is no defense that the recipient appears to have voluntarily “consented” to the
conduct at issue. A recipient may not protest for many legitimate reasons, including
the need to avoid being insubordinate or to avoid being ostracized.
(c) Simply because no one has complained about a joke, gesture, picture, physical
contact, or comment does not mean that the conduct is welcome. Harassment can
evolve over time. The fact that no one is complaining now does not preclude anyone
from complaining if the conduct is repeated in the future.
(d) Even visual, verbal, or physical conduct between two employees who appear to
welcome the conduct can constitute harassment of a third applicant, officer, official,
employee, or contractor who observes the conduct or learns about the conduct
later. Conduct can constitute harassment even if it is not explicitly or specifically
directed at an individual.
(e) Conduct can constitute harassment in violation of the Policy even if the individual
engaging in the conduct has no intention to harass. Even well-intentioned conduct
can violate this Policy if the conduct is directed at, or implicates a protected
classification, and if an individual of the recipient’s same protected classification
would find it offensive (e.g., gifts, over attention, endearing nicknames).
d) Retaliation. Any adverse conduct taken because an applicant, employee, or contractor has
reported harassment or discrimination, or has participated in the complaint and investigation
process described herein, is prohibited. “Adverse conduct” includes but is not limited to: taking
sides because an individual has reported harassment or discrimination, spreading rumors about
a complaint, shunning and avoiding an individual who reports harassment or discrimination. The
following individuals are protected from retaliation: those who make good faith reports of
harassment or discrimination, and those who associate with an individual who is involved in
reporting harassment or discrimination or who participates in the complaint or investigation
process.
4) COMPLAINT PROCEDURE. An employee, job applicant, unpaid intern, volunteer or contractor who
believes he or she has been harassed may make a complaint verbally or in writing with any of the
following. There is no need to follow the chain of command:
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 1.2
Effective Date:
Subject: Harassment, Discrimination & Retaliation
Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 15 of 149 Effective:
Policy 1.2 – Harassment, Discrimination & Retaliation
a) Immediate supervisor
b) Any supervisor or manager within or outside of the department
c) General Manager
d) Any supervisor or department head who receives a harassment complaint should notify the
General Manager, or designee, immediately.
e) Upon receiving notification of a harassment complaint, the General Manager, or designee, shall
authorize and supervise the investigation of the complaint and/or investigate the complaint. The
investigation will include interviews with:
i) the complainant;
ii) the accused harasser; and
iii) other persons who have relevant knowledge concerning the allegations in the complaint.
f) Review the factual information gathered through the investigation to determine whether the
alleged conduct constitutes harassment, discrimination, or retaliation giving consideration to all
factual information, the totality of the circumstances, including the nature of the conduct, and
the context in which the alleged incidents occurred.
g) Report a summary of the determination as to whether harassment occurred to appropriate
person, including the complainant, the alleged harasser, the supervisor, and the department
head, If discipline is imposed, the level of discipline will not be communicated to the
complainant.
h) If conduct in violation of the Policy occurred, take or recommend to the appointing authority
promptly and effective remedial action. The remedial action will be commensurate with the
severity of the offense.
i) Take reasonable steps to protect the complainant from further harassment, discrimination, or
retaliation.
j) Take reasonable steps to protect the complainant from retaliation as a result of communicating
the complaint.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 1.2
Effective Date:
Subject: Harassment, Discrimination & Retaliation
Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 16 of 149 Effective:
Policy 1.2 – Harassment, Discrimination & Retaliation
k) The District takes a proactive approach to potential Policy violations and will conduct an
investigation if its officers, supervisors, or managers become aware that harassment,
discrimination, or retaliation may be occurring, regardless of whether the recipient or third
party reports a potential violation.
l) Option to report to outside administrative agencies: An individual has the option to report
harassment, discrimination, or retaliation to the U.S Equal Employment Opportunity
Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH).
These administrative agencies offer legal remedies and a complaint process. The nearest offices
are listed in the government section of the telephone book or employees can check the posters
that are located on employer bulletin boards for office locations and telephone numbers.
m) Confidentiality. Every possible effort will be made to assure the confidentiality of complaints
made under this Policy. Complete confidentiality cannot occur, however, due to the need to
fully investigate and the duty to take effective remedial action. As a result, confidentiality will be
maintained to the extent possible. An individual who is interviewed during the course of an
investigation is prohibited from discussing the substance of the interview, except as otherwise
directed by the General Manager or designee. Any individual who discusses the content of an
investigatory interview will be subject to discipline or other appropriate sanction, the employer
will not disclose a completed investigation report except as it deems necessary to support a
disciplinary action, to take remedial action, to defend itself in adversarial proceedings, or to
comply with the law or court order.
n) Responsibilities. Managers and Supervisors are responsible for:
i) Informing employees of this Policy.
ii) Modeling appropriate behavior.
iii) Taking all steps necessary to prevent harassment, discrimination, or retaliation from
occurring.
iv) Receiving complaints in a fair and serious manner, and documenting steps taken to resolve
complaints.
v) Monitoring the work environment and taking immediate appropriate action to stop
potential violations, such as removing inappropriate pictures or correcting inappropriate
language.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 1.2
Effective Date:
Subject: Harassment, Discrimination & Retaliation
Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 17 of 149 Effective:
Policy 1.2 – Harassment, Discrimination & Retaliation
vi) Following up with those who have complained to ensure that the behavior has stopped and
that there are no reprisals.
vii) Informing those who complain of harassment or discrimination of his or her option to
contact the EEOC or DFEH regarding alleged Policy violations.
viii) Assisting, advising, or consulting with employees regarding this Policy and Complaint
Procedure.
ix) Assisting in the investigation of complaints involving employee(s) in their departments and,
if the complaint is substantiated, recommending appropriate corrective or disciplinary
action in accordance with employer Personnel Rules, up to and including discharge.
x) Implementing appropriate disciplinary and remedial actions.
xi) Reporting potential violations of this Policy of which he or she becomes aware, regardless of
whether a complaint has been submitted, to General Manager or designee.
xii) Participation in periodic training and scheduling employees for training.
xiii) Each employee, unpaid intern, volunteer or contractor is responsible for:
xiv) Treating all employees, unpaid interns, volunteers and contractors with respect and
consideration.
xv) Modeling appropriate behavior.
xvi) Participating in periodic training.
xvii) Fully cooperating with the employer’s investigations by responding fully and truthfully
to all questions posed during the investigation.
xviii) Maintaining the confidentiality of any investigation that the employer conducts by not
disclosing the substance of any investigatory interview, except as directed by the General
Manager or designee.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 1.2
Effective Date:
Subject: Harassment, Discrimination & Retaliation
Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 18 of 149 Effective:
Policy 1.2 – Harassment, Discrimination & Retaliation
xix) Reporting any act he or she believes in good faith constitutes harassment, discrimination, or
retaliation as defined in this Policy, to his or her immediate supervisor, General Manager or
designee.
o) Dissemination of Policy. All employees shall receive a copy of this Policy when they are hired.
The Policy may be updated from time to time and redistributed.
5) VIOLATION OF POLICY. VIOLATION OF THIS HARASSMENT POLICY GENERALLY SHALL CONSTITUTE
JUST AND REASONABLE CAUSE FOR DISCIPLINE, UP TO AND INCLUDING TERMINATION.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 1.3
Effective Date:
Subject: Workplace Violence Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 19 of 149 Effective:
Policy 1.3 – Workplace Violence
1) PURPOSE. The purpose of this policy is to maintain a zero tolerance standard of violence in the
workplace. This policy provides District employees with guidance that will maintain an environment
at and within District premises and facilities as well as events that are free of violence and the threat
of violence. This policy applies to all full-time and part-time employees and includes volunteers,
temporary and provisional employees as well as contracted employees.
2) POLICY. The District prohibits violent behavior of any kind or threats of violence, either implied or
direct, in District premises and facilities as well as at District sponsored events. Such conduct by a
District employee will not be tolerated. An employee who exhibits violent behavior may be subject
to criminal prosecution and shall be subject to disciplinary action up to and including termination.
Violent threats or actions by a non-employee may result in criminal prosecution. The District will
investigate all complaints filed and will also investigate any possible violation of this policy of which
District management are made aware. Retaliation against a person who makes a good faith
complaint regarding violent behavior or threats of violence made to him/her is also prohibited.72
3) DEFINITIONS.
a) Workplace Violence. Behavior in which an employee, former employee or visitor to a workplace
inflicts or threatens to inflict damage to property, serious harm, injury or death to others at the
workplace.
b) Threat. The implication or expression of intent to inflict physical harm or actions that a
reasonable person would interpret as a threat to physical safety or property.
c) District premises or District facilities means all property of the District including, but not limited
to the offices, facilities and surrounding areas on District-owned or -leased property, parking
lots, and storage areas. The term also includes District-owned or -leased vehicles and equipment
wherever located, as well as, pump station, sites, sewer line, excavation sites.
d) Intimidation. Making others afraid or fearful through threatening behavior.
e) Zero-tolerance standard that establishes that any behavior, implied or actual that violates the
policy will not be tolerated.
f) Court Order. An order by a Court that specifies and/or restricts the behavior of an individual.
Court orders may be issued in matters involving domestic violence, stalking or harassment,
among other types of protective orders, including Temporary Restraining Orders.
4) PROHIBITED BEHAVIOR. Violence in the workplace may include, but is not limited to the following
list of prohibited behaviors directed at or by a co-worker, supervisor or member of the public:
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 1.3
Effective Date:
Subject: Workplace Violence Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 20 of 149 Effective:
Policy 1.3 – Workplace Violence
a) Direct threats or physical intimidation.
b) Implications or suggestions of violence.
c) Stalking including following to and from work.
d) Possession of weapons of any kind on District premises, including parking lots, other exterior
premises or while engaged in activities for District in other locations, or at District sponsored
events.
e) Assault of any form.
f) Physical restraint or confinement.
g) Dangerous or threatening horseplay.
h) Loud, disruptive or angry behavior or language that is clearly not part of the typical work
environment.
i) Blatant or intentional disregard for the safety or well-being of others.
j) Commission of a violent felony or misdemeanor on District premises.
k) Any other act that a reasonable person would perceive as constituting a threat of violence.
l) Domestic violence, while often originating in the home, can significantly impact workplace
safety and the productivity of victims as well as co-workers. For the purposes of this document,
"domestic violence" is defined as abuse committed against an adult or fully emancipated minor.
Abuse is the intentional or reckless attempt to cause bodily injury, sexual assault, threatening
behavior, harassment, or stalking, or making annoying phone calls to a person who is in any of
the following relationships:
i) Spouse or former spouse;
ii) Domestic partner or former domestic partner;
iii) Cohabitant or former cohabitant and or other household members;
iv) A person with whom the victim is having, or has had, a dating or engagement relationship;
v) A person with whom the victim has a child.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 1.3
Effective Date:
Subject: Workplace Violence Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 21 of 149 Effective:
Policy 1.3 – Workplace Violence
vi) The District recognizes that domestic violence may occur in relationships regardless of the
marital status, age, race, or sexual orientation of the parties.
5) REPORTING ACTS OR THREATS OF VIOLENCE. An employee who is the victim of violence, or believes
they have been threatened with violence, or witnesses an act or threat of violence towards anyone
else shall take the following steps:
a) If an emergency exists and the situation is one of immediate danger, the employee shall contact
the Costa Mesa Police Department by dialing 9-1-1, or push the emergency button located
underneath the front counter and take whatever emergency steps are available and appropriate
for protection from immediate harm, such as leaving the area.
b) If the situation is not one of immediate danger, the employee shall report the incident to the
appropriate supervisor or manager as soon as possible and complete the District’s Workplace
Violence Incident Report Form.
6) PROCEDURES FOR FUTURE VIOLENCE. Employees who have reason to believe they, or others, may
be victimized by a violent act sometime in the future, at the workplace or as a direct result of their
employment with the District, shall inform their supervisor by immediately completing a Workplace
Violence Incident Report Form so appropriate action may be taken. The supervisor shall inform the
General Manager and the local law enforcement officials.
a) Employees who have signed and filed a restraining order, temporary or permanent, against an
individual due to a potential act of violence, who would be in violation of the order by coming
near them at work, shall immediately supply a copy of the signed order to their supervisor. The
supervisor shall provide copies to the General Manager and to the Costa Mesa Police
Department.
7) INCIDENT INVESTIGATION. Acts of violence or threats will be investigated immediately in order to
protect employees from danger, unnecessary anxiety concerning their welfare, and the loss of
productivity. The General Manager will cause to be initiated an investigation into potential violation
of work rules/policies. Simultaneously, the General Manager will refer the matter to local police for
their review of potential violation of civil and/or criminal law.
a) Procedures for investigating incidents of workplace violence include:
i) Visiting the scene of an incident as soon as possible.
ii) Interviewing injured and threatened employees and witnesses.
iii) Examining the workplace for security risk factors associated with the incident, including any
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 1.3
Effective Date:
Subject: Workplace Violence Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 22 of 149 Effective:
Policy 1.3 – Workplace Violence
reports of inappropriate behavior by the perpetrator.
iv) Determining the cause of the incident.
v) Taking mitigating action to prevent the incident from recurring.
vi) Recording the findings and mitigating actions taken.
b) In appropriate circumstances, the District will inform the reporting individual of the results of
the investigation. To the extent possible, the District will maintain the confidentiality of the
reporting employee and the investigation but may need to disclose results in appropriate
circumstances; for example, in order to protect individual safety. The District will not tolerate
retaliation against any employee who reports workplace violence.
8) MITIGATING MEASURES. Incidents which threaten the security of employees shall be mitigated as
soon as possible following their discovery. Mitigating actions include:
a) Notification of law enforcement authorities when a potential criminal act has occurred.
b) Provision of emergency medical care in the event of any violent act upon an employee.
c) Post-event trauma counseling for those employees desiring such assistance.
d) Assurance that incidents are handled in accordance with the Workplace Violence Prevention
policy.
e) Requesting District Counsel file a restraining order as appropriate.
9) TRAINING AND INSTRUCTION. The District shall be responsible for ensuring that all employees,
including managers and supervisors, are provided training and instruction on general workplace
security practices. Managers and supervisors shall be responsible for ensuring that all employees are
provided training and instructions on job specific workplace security practices.
a) Training and instruction shall be provided as follows:
i) To all current employees when the policy is first implemented. Employees will be required
to sign a written acknowledgment that the policy has been received and read.
ii) To all newly hired employees, supervisors and managers, or employees given new job
assignments for which specific workplace security training for that job assignment has not
previously been provided. Employees will be required to sign a written acknowledgment
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 1.3
Effective Date:
Subject: Workplace Violence Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 23 of 149 Effective:
Policy 1.3 – Workplace Violence
that the policy has been received and read.
iii) To affected employees whenever management is made aware of a new or previously
unrecognized hazard.
b) Workplace security training and instruction includes, but is not limited to, the following:
i) Preventive measures to reduce the threat of workplace violence, including procedures for
reporting workplace security hazards.
ii) Methods to diffuse hostile or threatening situations.
iii) Escape routes.
iv) Explanation of this Workplace Violence Prevention Policy.
10) In addition, specific instructions shall be provided to all employees regarding workplace security
hazards unique to their job assignment.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 1.4
Effective Date:
Subject: Incivility & Bullying Supersedes:
Approved by: Scott Carroll, General Manager Signature:
CMSD Employee Handbook Page 24 of 149 Effective:
Policy 1.4 – Incivility & Bullying
1) POLICY. The District has a zero tolerance policy for incivility and bullying in the workplace.
Understanding and mutual respect toward all individuals are essential elements to the existence of a
safe and healthy workplace. Any employee who commits an act of incivility or bullying is subject to
disciplinary action up to and including termination. This policy applies to all District personnel.
2) INCIVILITY. Uncivil office behavior includes acting in a characteristically rude and discourteous
manner and, displaying a lack of regard for others. Examples include: taking someone else’s food or
beverage, purposely not greeting or acknowledging someone at the office, taking the last cup of
coffee and not making more, and not giving credit to a colleague on a project. When incivility is
extensive it leads to lower job satisfaction, decrease in performance, higher absenteeism, and low
morale.
a) Preventive/Response Measure. Treat other workers the way you would like to be treated,
extend common courtesies, maintain appropriate boundaries, and ask for assistance from
management or human resources when needed.
3) BULLYING. Workplace bullying is behavior that harms, intimidates, offends, degrades, or humiliates
an employee, possibly in front of other employees, clients, or customers. Workplace bullying may
cause the loss of trained and talented employees, reduce productivity and morale, and create legal
risks. Examples of bullying include: spreading rumors, gossip and innuendo, intimidating a person,
undermining or deliberately impeding a person’s work, physically abusing or threatening abuse,
removing areas of responsibilities without cause, withholding necessary information, making jokes
that are obviously offensive, intruding on a person’s privacy by pestering/spying/stalking, under
work-creating a feeling of uselessness, yelling or using profanity, criticizing a person consistently or
constantly, belittling a person’s opinion, unwarranted punishment, blocking applications for
training/leave/ promotion, tampering with a person’s personal belongings. If in doubt if an action
could be bullying, ask yourself if a reasonable person would consider the action acceptable.
a) Preventive/Response Measure. Report bullying to your supervisor or manager. An informal
investigation will be conducted. In the event the informal stage is not sufficient, or the offense is
of a serious nature, a formal investigation will be conducted. Any reports of workplace bullying
will be treated seriously and investigated promptly. Managers and supervisors must ensure
employees who make complaints, or witnesses are not victimized.
4) TRAINING. In order to eliminate and/or minimize risks involved with incivility and bullying, the
District will schedule training for employees. Staff is responsible for implementing the training.
Managers and Supervisors are responsible for enforcing the policy.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 1.5
Effective Date:
Subject: Nepotism Supersedes:
Approved by: Scott Carroll, General Manager Signature:
CMSD Employee Handbook Page 25 of 149 Effective:
Policy 1.5 – Nepotism
1) GENERAL PROVISIONS. It is the policy of the Costa Mesa Sanitary District not to discriminate in its
employment and personnel actions with respect to its employees and applicants on the basis of
marital or familial status. Notwithstanding this policy, the Costa Mesa Sanitary District retains the
right to prohibit nepotism to avoid favoritism, the appearance of favoritism, conflicts in loyalty,
discrimination, the appearance of impropriety, and conflicts of interest in employment decisions.
2) DEFINITION: Nepotism is generally defined as the practice of an employee or District official using
personal influence or power to aid or hinder another in securing employment, promotion or other
benefits because of a personal relationship. No employee may use power or influence to aid or
hinder another in securing employment, promotion or any other benefit of employment due to a
personal relationship. Personal relationships include, but are not limited to, those by virtue of blood,
marriage, adoption, cohabitation, or dating/sexual relationships.52
3) PERSONAL RELATIONSHIPS IN THE WORKPLACE. District employees associated by blood, marriage,
adoption, cohabitation, or dating/sexual relationships shall not 1) work in a small unit in close
association with one another; 2) work for the same supervisor; or 3) have a direct or indirect
supervisor/subordinate relationship. If a District employee develops a personal relationship with a
co-worker, then the employees have an obligation to report the personal relationship to the General
Manager or designee so that appropriate steps can be taken with respect to work assignments. The
obligation to report any personal relationship is so that the District may avoid favoritism, the
appearance of favoritism, conflicts in loyalty, discrimination, the appearance of impropriety, and/or
conflicts of interest in employment decisions.
4) EMPLOYMENT OF RELATIVES - ELECTED OFFICIALS. No relative by blood or marriage, within the
third degree of kinship, of an elected official of the District shall be appointed to fill any vacancy in
the District service during that official's term of office.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 1.6
Effective Date:
Subject: Outside Employment Supersedes:
Approved by: Scott Carroll, General Manager Signature:
CMSD Employee Handbook Page 26 of 149 Effective:
Policy 1.6 – Outside Employment
1) GENERAL PROVISIONS. A District employee shall not engage in any outside employment that is
detrimental to, or in conflict with his/her duties or service with the District. It is not permissible for a
District employee to engage in private employment during the time he or she is scheduled to be
working for the District. An employee must notify the General Manager in writing of any outside
employment together with sufficient information regarding such outside employment as may be
requested.
a) A supervisor may inquire as to an employee's off-duty employment when the supervisor
believes that such a condition may exist and may require an employee to file notice to the
General Manager. The General Manager shall determine if an employment conflict exists and
shall notify the employee of his/her decision and reasons therefore in writing.
b) Examples of work that would be detrimental to or in conflict with duties or service with the
District include, but are not limited to, the following:
i) Work requiring the use of District vehicles or equipment.
ii) Work for a contractor who is performing work in conflict with the District.
iii) Work which would create a work schedule that is incompatible with an assigned District
work schedule.
iv) Work which would present a health hazard to the employee.
v) Work which could create a cause for disciplinary action.
vi) Work which would provide undue liability for the District.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 1.7
Effective Date:
Subject: Dress Code Supersedes:
Approved by: Scott Carroll, General Manager Signature:
CMSD Employee Handbook Page 27 of 149 Effective:
Policy 1.7 - Dress Code
1) GENERAL POLICY. The Costa Mesa Sanitary District requires employees to always appear for work in
attire that is “professional” and suitable for the work setting. This may vary slightly from one area to
another depending on the nature of the work, exposure to the general public, customers, and the
environment. Our appearance should always reflect what is appropriate for our job, work setting,
and personal safety.
This policy is intended to describe guidelines on what is considered appropriate dress for the
workplace. These guidelines are not intended to be all-inclusive, but rather should help set the
general parameters for appropriate attire, and allow employees to use good judgment and common
sense about items not specifically addressed. However, the General Manager will have the
discretion to make the final determination on what constitutes professional and suitable dress for
the work setting in a particular situation.
a) Personal Hygiene, Piercings and Tattoos. Personal appearance and hygiene play an important
role in projecting a professional image in the community and to the customers we serve.
i) Good personal hygiene is required.
ii) Clothing must be clean, pressed, in good condition and fit appropriately.
iii) Footwear must be appropriate for the work environment and functions being performed.
iv) Jewelry is acceptable except in areas or near equipment where it constitutes a health or
safety hazard.
v) Hair must be neat, clean and well groomed. If necessary for the functions being performed,
long hair must be secured (tied back to prevent potential for being caught in equipment).
(No artificial hair colors e.g. pink, green, etc. that would be deemed unprofessional).
vi) Sideburns, mustaches and beards must be maintained in a neat and well-groomed fashion.
vii) Clothing must not interfere with the safe operation of equipment.
viii) No objects, articles, jewelry or ornamentation of any kind shall be attached to or through
the skin if visible on any body part including the tongue or any part of the mouth except that
an employee may wear one or two sets of reasonably-sized earrings in the ear lobes.
ix) Any non-conforming piercing shall be removed, covered with a bandage, or replaced with a
clear, plastic spacer.
x) Tattoos that are obscene, sexually explicit, and discriminatory as to sex, race, religion or
national origin, extremist, gang-related, and/or diminish the effectiveness of the employee’s
professionalism must be covered, and not visible to staff, customers or visitors.
xi) No tattoos are allowed anywhere on the head, face, or neck.
xii) Any non-conforming tattoos must be covered with clothing or a bandage while at work or
removed.
xiii) If an employee has a question about how the piercing or tattoo policy applies to them, the
matter should be immediately raised with their supervisor for consideration and
determination.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 1.7
Effective Date:
Subject: Dress Code Supersedes:
Approved by: Scott Carroll, General Manager Signature:
CMSD Employee Handbook Page 28 of 149 Effective:
Policy 1.7 - Dress Code
b) Use of Perfumes, Cologne, and Scented Products. Fragrances may cause others to experience a
variety of symptoms such as sinus congestion, irritable eyes, and an inability to concentrate.
Exposure to perfumes and other scented products can also trigger serious health reactions in
individuals with asthma, allergies, migraines, or chemical sensitivities.
i) Fragrances are found in a wide range of products. Common scented products include
perfume, cologne, aftershave, deodorant, soap, shampoo, hairspray, body spray, makeup
and powders. Examples of other products with added scents include air fresheners, fabric
softeners, laundry detergents, cleaners, carpet deodorizers, facial tissues, and candles.
ii) In order to protect employees with fragrance sensitivities and to possibly prevent others
from developing such sensitivities, the District aims for a scent-reduced environment by
encouraging employees to voluntarily reduce the use of fragranced products, and/or replace
them with unscented alternatives.
iii) Reporting process: If you feel you can do so comfortably, approach the scented individual
and let him/her know that is it bothersome without disclosing personal medical information.
Or inform your supervisor.
c) Professional Business Office Attire. The intent of professional business attire is to ensure that
personnel are dressed appropriately to meet with the public at a moment’s notice. While jackets
are not required for women, they do have the effect of creating a professional appearance. For
men, they do not need to be worn the entire day but should be available to wear to meetings
outside of District offices. Footwear should be selected according to the type of work
performed, keeping safety, comfort, and professional appearance in mind. Athletic shoes, tennis
shoes, and hats are not permitted.
i) Sample professional business attire for men include:
(1) a business suit with tie
(2) dress pants
(3) collared button down dress shirt without a tie
(4) polo-type shirt
(5) dress shirt worn with a tie
(6) Appropriate footwear for men includes wing tips, loafers, or rubber sole shoes with
socks
ii) Sample professional business attire for women include:
(1) dresses or suits with either skirts or slacks
(2) skirt or dress slacks
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 1.7
Effective Date:
Subject: Dress Code Supersedes:
Approved by: Scott Carroll, General Manager Signature:
CMSD Employee Handbook Page 29 of 149 Effective:
Policy 1.7 - Dress Code
(3) dressy blouse and/or sweater
(4) Appropriate footwear for women includes heels, loafers, or rubber sole shoes
d) Field Staff Attire. Employees whose primary District responsibility is in the field, or whose
regular job duties include physical lifting may wear appropriate casual clothing (including jeans)
at all times. District purchased shirts must be worn at all times while on duty. Additionally, all
personal safety equipment must be worn at all times, including steel toed boots and reflective
vests. Hats that are not obscene, sexually explicit, and discriminatory as to sex, race, and religion
or national origin, extremist, gang-related or that diminish the effectiveness of the employee’s
professionalism may be worn to protect employees from sun exposure.
e) Steel-Toed Safety Boots/Shoes.
i) Guidelines: Steel-toed boots/shoes must meet the requirements of the American Society
for Testing and Materials (ASTM) standards F2412-05 and F2413-05 for Personal Protection-
Protective Footwear. Approved footwear must include toe protection (steel), impact and
compression protection, and a shank/arch support.
ii) Cleaning, care, and proper upkeep (polish, oil, laces, etc.) of the safety boot/shoe shall be
the responsibility of the employee. Premature failure of the safety boot/shoe, requiring
repair or replacement, shall be the sole responsibility of the employee. Failure to purchase
appropriate safety footwear, or to wear approved safety boots/shoes during the work day
and keep them free of safety related defects shall constitute grounds for disciplinary action.
iii) Reimbursement: Each District employee required to wear steel-toed boots/shoes, shall
receive reimbursement of up to $150.00 every 12 months, when boots are in need of
replacement. Reimbursement shall only be granted when the District is provided proof of
purchase.
f) Casual Friday. The District recognizes the growing popularity of casual business dress and the
positive effects of this shift to boost employee morale, improve quality, encourage more open
communication and increased productivity, therefore, creating a more comfortable work
environment. Therefore, the District employs a “Casual Friday” policy, wherein our employees
are welcome to wear workplace appropriate jeans (no rips, tears or stains), and running shoes
(no rips, tears or stains).
While Casual Friday allows our employees to dress in a more casual fashion, employees should
take into account the necessity to continually conduct themselves in a professional fashion, and
dress in such a way that will not create a negative perception by customers, either internal or
external.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 1.8
Effective Date:
Subject: Conduct & Discipline Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 30 of 149 Effective:
Policy 1.8 – Conduct & Discipline
1) EMPLOYEE CONDUCT GENERALLY. It is expected that all District employees shall render the best
possible service and reflect credit on the District. Therefore high standards of conduct are essential.
2) IMPROPER EMPLOYEE CONDUCT. The term "improper conduct" means not only any improper
action by an employee in the employee's official capacity, but also conduct by an employee not
connected with the employee's official duties which brings discredit to the District, which affects the
ability to perform the employee's duties officially, or any improper use of the position as an
employee for personal advantage. Improper conduct may be cause for disciplinary action. In
addition, improper conduct includes, but is not limited to, the following:
a) Fraud in securing employment or making a materially false statement on an application for
employment or on any supporting documents furnished with or made a part of any application.
b) Incompetency such as failure to comply with the minimum standards for an employee's position
for a significant period of time.
c) Neglect of duty, such as failure to perform the duties required of an employee's position.
d) Willful disobedience and insubordination such as a willful failure to submit to duly appointed
and acting supervision or to conform to duly established orders or directions of persons in a
supervisory position.
e) Dishonesty involving employment.
f) Being under the influence of alcohol or intoxicating drugs while on duty without a prescription.
g) Addiction to or habitual use of alcoholic beverages, narcotics or any habit-forming drug.
h) Violation of the District’s Drug and Alcohol Abuse and Contraband Policy.
i) Violation of the District’s Harassment Policy.
j) Violation of the District’s Workplace Violence Prevention Policy.
k) Carrying firearms or other dangerous weapons on District premises, unless authorized to do so.
l) Inexcusable absence.
m) Conviction of a felony or conviction of a misdemeanor involving moral turpitude. A plea or
verdict of guilty, or a conviction following a plea of nolo contendere, to a charge of a felony or
any offense involving moral turpitude is deemed to be a conviction within the meaning of this
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 1.8
Effective Date:
Subject: Conduct & Discipline Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 31 of 149 Effective:
Policy 1.8 – Conduct & Discipline
section.
n) Discourteous treatment of the public or other employees.
o) Improper or unauthorized use of District property.
p) Theft.
q) Any act of conduct undertaken which, either during or outside of duty hours, is of such a nature
that it causes discredit to fall upon the District.
r) Failure to maintain proper conduct during working hours causing discredit to the District.
s) Mishandling of public funds.
t) Abuse of sick leave.
u) Excessive absenteeism.
v) Inattention to duty, tardiness, indolence, carelessness or negligence in the care and handling of
District property.
w) The employee's failure to resolve a physical or mental infirmity(s) or defect(s), when it is within
the capacity of the employee to do so and when directed by his/her supervisor.
x) Outside employment which conflicts with the employee's position and is not specifically
authorized by the District.
y) Acceptance from any source of any emolument, reward, gift or other form of remuneration in
addition to the employee's regular compensation, as a personal benefit to the employee for
actions performed in the normal course of the employee's assigned duties.
z) Falsification of any District report or record or of any report or record required to be, or, filed by
the employee, including but not limited to time records.
aa) Violation of any of the provisions of this Employee Handbook, District Operations Code,
ordinances, resolutions, or any rules, regulations or policies which may be prescribed by the
Costa Mesa Sanitary District Board of Directors, General Manager, or supervisor.
bb) Working overtime without prior authorization.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 1.8
Effective Date:
Subject: Conduct & Discipline Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 32 of 149 Effective:
Policy 1.8 – Conduct & Discipline
cc) Political activities precluded by Local, State or Federal law.
dd) Other acts which are incompatible with service to the public.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 1.9
Effective Date:
Subject: Separation from Service Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 33 of 149 Effective:
Policy 1.9 – Separation from Service
1) DISCHARGE. All District employees are at will employees and may be discharged at any time.
Whenever it is the recommendation of a supervisor to discharge an employee, the approval of the
General Manager is required.
a) Procedure. For employees who are retiring, resigning, being discharged, or laid off, the District
shall show the last day worked as the termination date on the Personnel Action Form which is
also the last day physically on the job. Employees cannot extend their termination date by use of
leave time.
i) The District will provide terminating employees the opportunity to participate in an exit
interview and information about continuing benefits for which they are eligible.
ii) Terminating employees shall turn in all District property such as keys, uniforms,
identification cards, parking tags and cell phone.
iii) The Finance Manager shall authorize processing of the final paycheck. The final paycheck
may be issued via direct deposit or forwarded to the General Manager, or designee, for
distribution to the terminated employee. Terminating employees will receive their final
paycheck on the next regularly scheduled paycheck date. The District is exempt from
California Labor Code Section 201, which states wages earned and unpaid are due and
payable immediately to a discharged employee.
2) LAYOFF.
a) Policy. The District may abolish a position within a class in the classified service because of
material changes in duties or organization, elimination or reduction in service level, privatization
and/or a shortage of work or funds, which in turn may require the layoff of one or more
employees.
b) Procedure. When a position within a class is abolished thereby necessitating a layoff, the
following procedure shall be followed:
i) Reductions in the workforce shall be made by the Board of Directors.
ii) The General Manager shall notify employees of the intended action with reasons therefor
30 calendar days before the effective date of the layoff.
iii) Reassignment or voluntary demotion within the District to an equivalent or lower job class
may be made to prevent a layoff provided the employee is qualified by education and/or
experience, is capable of performing the duties of the classification and has satisfactory
performance evaluations for the preceding two years. An employee who is reassigned or
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 1.9
Effective Date:
Subject: Separation from Service Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 34 of 149 Effective:
Policy 1.9 – Separation from Service
demoted shall receive a salary within the new classification range that is closest to the rate
of pay the employee previously received and retain the same anniversary date for purposes
of merit pay increases. An employee so reassigned or demoted shall be reinstated to the
former job class and salary when positions in the former job class become vacant and
provided that the employee has performed satisfactorily in the current position.
Reinstatement shall be based on the employee that has the highest performance evaluation
scores for the last two years. If two or more employees have the same performance
evaluation score, the reinstatement shall be based on seniority.
iv) The name of an employee who has been laid off due to the reduction in the workforce shall
be placed on the reemployment list for his/her job class. The reemployment list shall be
used whenever a vacancy for that class is to be filled. Names will remain on the appropriate
reemployment list for a period of three years from the date of separation. Reemployment
shall be on the basis of previous District seniority. After separation from the District
employment for more than one year, a person rehired may be required to successfully pass
a physical and/or competency examination.
v) Whenever an employee is reemployed to a vacant position in his/her former job class,
he/she shall be given a new anniversary date for purposes of merit pay increases and
performance reviews.
vi) An employee rehired from the reemployment list shall be considered to have continuous
service and may be credited with the amount of accumulated vacation and sick leave he/she
had accrued at the time of layoff if he/she elects to remit to the District any payment
received for the accumulated vacation and sick leave upon separation from District
employment.
vii) Failure to return to work from layoff within 21 calendar days after notice to return by
certified or registered mail to the employee at his/her last known address on file shall
constitute the employee’s waiver of any right to return to work and eliminates any future
reemployment responsibilities placed on the District.
viii) All other benefits or programs in effect at the time of layoff shall be forfeited upon
reemployment unless they are still applied to the old classification at the time of rehire or
provided to new hires as of that date.
ix) An employee may be laid off because of either the abolition of his/her position or a
determination by the District that there is a shortage of work or funds. The General
Manager shall determine when and in what position classifications layoffs are to occur. The
General Manager shall designate responsibility for the implementation of a layoff order in
accordance with the procedures described herein.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 1.9
Effective Date:
Subject: Separation from Service Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 35 of 149 Effective:
Policy 1.9 – Separation from Service
c) Notice of Layoff to Employees. An employee to be laid off shall be notified in writing of the
impending action at least 10 calendar days in advance of the effective date of the layoff. The
notice shall include the following information:
i) Reason for layoff.
ii) Effective date of layoff.
iii) Employee rights as provided in these rules.
d) Removal of Names from Reinstatement Lists. The District may remove an employee's name
from a reinstatement list if any of the following occur:
i) The individual indicates in writing that he/she will be unable to return to employment with
the City during the life of the list.
ii) The individual cannot be reached by certified mail after reasonable efforts have been made
to do so.
iii) The individual refuses two reinstatement offers as confirmed by certified mail. It is the
employee's responsibility to keep the District advised of any changes in mailing address or
availability.
e) Employee Rights and Responsibilities. In addition to others identified herein, employees
affected by these procedures shall have the following rights:
i) Through prior arrangement with his/her immediate supervisor, an employee may use
accrued vacation leave time to seek and apply for other employment.
ii) An employee who has been laid off shall be paid as provided for in the rules, policies and
procedures set forth in this Employee Handbook for his/her unused accrued vacation leave
on the effective date of the layoff.
iii) An employee who has been laid off may be allowed to continue health insurance coverage
in the group at his/her own cost as provided under federal COBRA regulations. This
provision of health insurance will cease if the employee finds other employment. To have
this coverage the employee must notify the District in writing within 10 days after the
receipt of the notification of layoff.
iv) When an individual is reinstated he/she shall be entitled to:
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 1.9
Effective Date:
Subject: Separation from Service Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 36 of 149 Effective:
Policy 1.9 – Separation from Service
(1) Accrue vacation leave at the same rate at which it was accrued at the time of the layoff.
(2) Have any unused or uncompensated sick leave reinstated.
v) An individual reinstated into the job classification from which he/she was laid off shall be
assigned to the same salary he/she held at the time of the layoff. An individual reinstated
into a job classification other than the classification from which he/she was laid off shall be
assigned to the salary range of the new classification at the amount closest to the salary
he/she earned at the time of the layoff. An individual reinstated into the classification from
which he/she was laid off while still a probationary employee shall complete, upon return to
the job, the remaining portion of his/her probationary period, if any, in effect at the time of
the layoff. In addition, he/she shall complete one month of probation for each month laid
off, not to exceed a total probationary period of 12 months.Similarly, an individual who is
reinstated shall complete, upon return to the job, the same work time he/she would have
had to work at the time of the layoff to attain a higher vacation leave accrual rate or to
become eligible for a merit increase, if such changes are possible. An individual who is
rehired is not eligible for the provisions of this subsection of this Rule.
f) Appeals. An employee aggrieved by actions taken or interpretations made pursuant to the
procedures described in this Rule may exercise the appeal procedures as hereinafter provided in
Rule 14. Determinations by the General Manager relative to when and in what classification
layoffs are to occur shall not be matters subject to the appeal procedures.
3) RESIGNATION. An employee wishing to leave District employment in good standing shall file with
the supervisor a written resignation stating the effective date at least two weeks before leaving,
unless such time limit is waived by the General Manager. The resignation becomes final upon
acceptance by the General Manager. Once the resignation is accepted by the General Manager, it
may not be withdrawn. The District will pay an employee for all hours worked within 72 hours after
termination and all accumulated reimbursable benefits no later than the nearest payday following
termination of the employee. Failure to give notice as required by this Section may be cause for
denying future employment by the District. Per the discretion of the General Manager, an employee
who resigns from employment with the District from two regular positions may not be considered
for a third position with the District.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.1
Effective Date:
Subject: Recruitment & Selection Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 37 of 149 Effective:
Policy 2.1 – Recruitment & Selection
1) PURPOSE. The purpose of the recruitment and selection process is to ensure that all position
vacancies are filled with qualified and competent persons who are well suited to perform in the
position for which they are employed. In that regard, all vacancies will be filled as provided in the
rules, policies and procedures set forth in this Employee Handbook.
2) NATURE OF SELECTION PROCEDURES. The methods used in the selection of District employees shall
be impartial and of a relevant nature so as to fairly measure the relative capacity of job applicants to
execute the duties and responsibilities of the class to which they seek to be appointed.
3) SELECTION AND APPOINTMENT. All vacancies in the District shall be filled as provided in the rules,
policies and procedures set forth in this Employee Handbook. Appointments shall be made with the
objective of obtaining for the District the best qualified person or persons available as
recommended by the supervisor and approved by the General Manager.
4) APPLICATIONS AND APPLICANTS.
a) Announcements. All examinations shall be publicized in District Headquarters and on the
District’s website and/or public bulletin boards and/or professional recruiting websites and/or
media outlets, and by such methods as the District deems appropriate. Special recruiting shall
be conducted, if necessary, to ensure that all segments of the community are aware of the
forthcoming examinations. The announcements shall specify the title and pay of the class for
which the examination is announced, the nature of the work to be performed, the preparation
desirable for the performance of the work of the class, the manner of making applications, the
date of filing, and other pertinent information.
b) Application Forms. Applications shall be made as prescribed on the examination
announcement. If prescribed by the District, application forms shall require information
covering training, experience, and other pertinent information. The District will not process any
application which is not fully completed and signed.
c) Disqualification. The District may reject any application which indicates on its face that the
applicant does not possess the minimum qualifications required for the position. Applications
may be rejected if the applicant is physically or mentally unfit for the performance of duties of
the position to which he/she seeks employment, is a current user of illegal drugs, has made any
false statement of any material fact or practiced any deception or fraud in his/her application,
or has been convicted of a felony or misdemeanor criminal offense, may reasonably be expected
to interfere with or prevent effective performance in the position applied for or interfere or
prevent effective District performance of its duties and responsibilities. Whenever an
application is rejected, notice of such rejection shall be mailed to the applicant by the District.
Defective applications may be returned to the applicant with notice to amend the same,
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.1
Effective Date:
Subject: Recruitment & Selection Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 38 of 149 Effective:
Policy 2.1 – Recruitment & Selection
providing the time limit for receiving applications has not expired, subject to the discretion of
the District.
5) Pre-Employment Screening. All employment offers are conditional upon successful completion of a
pre-appointed medical examination and background check, scheduled through the District. The
District shall reaffirm employment offers are contingent upon successfully passing the medical
examination and that the candidate should not submit termination papers to current employers
until after successfully passing the medical examination.
a) All candidates are expected to provide the necessary materials to verify legal authorization to
work in the United States prior to the District’s scheduling of a pre-appointment physical.
Tustin/Irvine Medical Group will review and evaluate medical examination results from the
District’s authorized medical clinic and notify the District of the results, indicating any
restrictions. The General Manager, or designee, will determine if any further action is necessary.
6) EXAMINATIONS.
a) Nature & Types of Examination. The selection techniques used in the examination process shall
be impartial and related to those subjects which, fairly measure the relative capacities of the
persons examined to execute the duties and responsibilities of the class to which they seek to
be appointed. Examinations shall consist of selection techniques which will fairly test the
qualifications of candidates such as, but not necessarily limited to, written tests, personal
interviews, performance tests, physical agility tests, medical examinations, or any combination
of these or other tests. Examinations shall be designed to provide equal opportunity to all
candidates by being based on an analysis of the essential qualifications for the class and
covering only factors related to such qualifications.
b) Open Competitive Examination. Open competitive examinations may be administered for a
single class as determined by the District. Names shall be placed on employment lists, and shall
remain on such lists, as prescribed in Section 5.6 of this Rule.
c) Promotional Examination. Promotional examinations may be conducted whenever the needs of
the District require. Promotional examinations may include any of the selection techniques
mentioned in Section 5.5.1 of this Rule, or any combination of them. Promotional examinations
are open to District employees only. Employees who meet the requirements set forth in the
promotional examination announcements may compete in promotional examinations.
d) Continuous Examination. Continuous examinations may be administered periodically as the
needs of the District require. Names shall be merged on employment lists according to final
scores, and shall remain on such lists, as prescribed in Section 5.6 of this Rule.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.1
Effective Date:
Subject: Recruitment & Selection Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 39 of 149 Effective:
Policy 2.1 – Recruitment & Selection
e) Scoring Examinations & Qualifying Scores. A candidate's score in a given examination shall be
the average of scores on each competitive part of the examination for which the candidate
qualified, and shall be weighted pursuant to the examination announcement. The District may
include as a part of the examination, tests which are qualifying only.
f) Notification of Examination Results, Review of Papers, and Examination Appeal. Each
candidate in an examination shall be given written notice of the results thereof. Any candidate
shall have the right to inspect his/her own examination answer sheets within five working days
after the notices of examination results were mailed. Oral interview rating sheets, test booklets
and related examination materials are not open to candidate inspection. Any error in
computation, if appealed to the District within this period, shall be corrected. Such corrections
shall not, however, invalidate appointments previously made.
7) EMPLOYMENT LISTS.
a) Preparation & Availability. As soon as possible after the completion of an examination, the
District shall prepare and keep available an employment list consisting of the names of
candidates who qualified in the examination, arranged in order of final scores, from the highest
to the lowest qualifying score.
b) Duration of Lists. Employment lists other than those resulting from a continuous examination
shall remain in effect for six months, unless sooner exhausted or abolished by the District upon
the recommendation of the General Manager. The General Manager may request the abolition
of an employment list after the employment list has been in effect for three months.
Employment lists may be extended, prior to their expiration dates for additional periods. Open
competitive lists created as the result of continuous examinations shall remain in effect for not
more than one year after the last administration of the examination. Names placed on such lists
shall be merged with any others already on a list in order of final scores and shall remain on the
list for not more than one year.
c) Removal of Names from List. The name of any person appearing on an employment or
promotional list may be removed by the District if the eligible person requests in writing that
his/her name be removed, if he/she fails to respond to a notice of certification mailed to his/her
last known address, or for any of the reasons specified in this Rule. The person affected shall be
notified of the removal of his/her name by a notice mailed to his/her last known address. The
names of persons on promotional employment lists who resign from the service shall
automatically be removed from such lists.
8) METHODS OF FILLING VACANCIES.
a) Types of Appointments. All vacancies shall be filled by the District from an appropriate
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.1
Effective Date:
Subject: Recruitment & Selection Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 40 of 149 Effective:
Policy 2.1 – Recruitment & Selection
employment list. In the absence of persons eligible for appointment from these means,
provisional appointments may be made in accordance with the rules, policies and procedures
set forth in this Employee Handbook.
b) Notice to Fill Vacancy. Whenever a vacancy is to be filled, the supervisor shall notify the General
Manager, or designee, in the manner prescribed.
c) Appointment. After interview and investigation, the supervisor shall recommend appointments
from among those certified and shall immediately notify the General Manager of the persons
recommended. The person recommended for appointment shall present himself/herself to the
General Manager, or his/her designated representative, for processing, including any required
medical examination, on or before the date of appointment. If the applicant accepts the
appointment and presents himself/herself for duty within such period of time as the supervisor
and General Manager shall prescribe, he/she shall be deemed to be appointed. Otherwise,
he/she shall be deemed to have declined the appointment. The General Manager shall have the
right to deny the supervisor’s recommendations for hire and request a new recruitment and
selection process
d) Provisional Appointment. In the absence of there being names of individuals willing to accept
appointment pursuant to Rule 5.7.3, a provisional appointment may be recommended by the
supervisor, with the concurrence of the General Manager, of a person meeting the minimum
training, experience and qualifications for the position. A provisional employee may be removed
at any time without the right of appeal. A provisional employee may be employed as such for up
to six months. The General Manager may extend the period for any provisional appointment for
not more than an additional six month period.
9) SALARY RANGES. New employees will be paid a salary that is within the minimum and midpoint of
the associated salary range unless the General Manager approves a higher salary based on
experience, education and staffing needs.
10) MEDICAL EXAMINATIONS. Medical examinations may be required under the following
circumstances:
a) In order to be eligible for employment with the District.
b) In order to be eligible for promotion or transfer to a job classification requiring greater physical
qualifications than his/her present job classification.
c) Any employee may be required to undergo a medical examination at any time designated by the
District.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.1
Effective Date:
Subject: Recruitment & Selection Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 41 of 149 Effective:
Policy 2.1 – Recruitment & Selection
d) Physician. All medical examinations will be performed by a licensed physician approved by the
District.
e) Cost of Exam. The District will pay the cost of any medical examination required under this Rule.
11) REFERENCE CHECKS. All requests from outside the District for reference checks or verification of
employment concerning any current or former employee must be referred to the General Manager,
or designee. Information will be released only if the employee signs an AUTHORIZATION FOR
RELEASE OF EMPLOYMENT INFORMATION, except that without such authorization, the following
limited information will be provided: dates of employment, and salary upon departure. The General
Manager and supervisors shall not provide information in response to requests for reference checks
or verification of employment, unless specifically approved by the District on a case-by-case basis.
12) TRANSFER. No person shall be transferred to a position for which he/she does not possess the
minimum qualifications. Upon notice to the General Manager, an employee may be transferred by
the supervisor at any time from one position to another position in a comparable class. For transfer
purposes, a comparable class is one with the same maximum salary and benefits, involves the
performance of similar duties, and requires substantially the same basic qualifications.
a) If the transfer involves a change from one Department to another, both supervisors must
consent thereto unless the General Manager directs the transfer for purposes of economy and
efficiency.
13) PROMOTIONS. Insofar as consistent with the best interests of the District, as determined by the
General Manager in consultation with the supervisor, vacancies may be filled by promotion from
within after a promotional examination has been given and a promotional list has been established.
a) If, in the opinion of the General Manager, in consultation with a supervisor, a vacancy in the
position could be filled better by an open-competitive examination instead of promotional
examination, then the General Manager shall arrange for an open competitive examination and
the preparation and certification of an open competitive employment list, as provided in the
rules, policies and procedures set forth in this Employee Handbook.
14) REHIRE. A supervisor, with the approval of the General Manager, may rehire a former employee
who completed at least six months of satisfactory service and who resigned with a good record, to a
vacant position in the same or comparable classification from which the employee resigned. No
credit for former employment shall be granted in computing salary, vacation, sick leave or other
benefits. If an employee has previously resigned twice from regular positions the employee may not
be considered for rehire.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.2
Effective Date:
Subject: Classification & Compensation Supersedes: September 30, 2015
Approved by: Signature:
CMSD Employee Handbook Page 42 of 149 Effective:
Policy 2.2 – Classification & Compensation
1) See APPENDIX for Summary of Compensation & Benefits.
2) CLASSIFICATION.
a) PURPOSE. The purpose of the classification plan is to provide a complete and continuous
inventory of all classifications, to provide accurate job specifications and, to ensure that each
position is allocated to the appropriate classification.
b) CLASSIFICATION OF POSITIONS. All positions in the District are grouped into classes. Each class
includes those positions sufficiently similar in duties and responsibilities to require similar
education, experience, knowledge, skills, abilities, and personal characteristics.
c) PREPARATION AND CONTENT OF CLASS SPECIFICATIONS. The General Manager, or designee, is
responsible for preparing and maintaining class specifications for all positions. The specifications
include, but are not limited to a list of examples of duties and a statement of qualifications
required for appointment.
d) INTERPRETATION OF CLASS SPECIFICATIONS. All class specifications describe typical duties that
employees occupying positions in the class may properly be required to perform. Class
specifications are explanatory but not restrictive. The listing of particular tasks does not
preclude the assignment of other tasks of related kind or character, or requiring lesser skills.
e) AMENDMENT. Notice of consideration of the proposed classification plan amendments or
revisions shall be provided to appropriate employees at least five calendar days before change.
The General Manager may amend or revise the classification plan as necessary.
f) ALLOCATION OF POSITIONS. The General Manager will assign each position to one of the
classes established by the classification plan.
g) NEW POSITIONS. When a new position is created, the classification plan shall be amended to
include a class specification for the position if it is not allocated to an existing classification. The
new position will be filled in accordance with Employee Handbook provisions.
h) RECLASSIFICATION. When the duties of the position have changed materially, the General
Manager may authorize the allocation of the position to a more appropriate class.
3) COMPENSATION.
a) PURPOSE. The purpose of the compensation plan is to provide equitable and adequate
compensation for all employees. Employees at the District are paid pursuant to a pay system
established by this Employee Handbook and pursuant to principles of public accountability.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.2
Effective Date:
Subject: Classification & Compensation Supersedes: September 30, 2015
Approved by: Signature:
CMSD Employee Handbook Page 43 of 149 Effective:
Policy 2.2 – Classification & Compensation
b) PREPARATION OF PLAN. The Board of Directors may periodically modify the District's
compensation plan. The compensation plan includes, for each class, a minimum and maximum
annual salary, or hourly rate and such imtermediate rates as are considered necessary, as well
as supplemental, retirement, insurance and related fringe benefit provisions and monthly rate.
The rate or pay range assigned to each class shall fairly reflect the differences in the duties and
responsibilities among classes, and will take into account rates paid by other public employers
for comparable work, the District's policies and financial condition, unusual problems of
recruitment and turnover, and other relevant factors.
4) ADMINISTRATION OF COMPENSATION PLAN.
a) Rates of Pay. Each employee is paid a rate of pay within the salary range for the class in which
he/she is employed.
b) Entrance Salary. An employee is appointed at the minimum rate for the class, except when the
General Manager approves an appointment or reinstatement above the minimum rate.
Authorization for appointment above the entrance rate must be obtained from the General
Manager. In reviewing such requests, consideration will be given to the candidate's unusually
high qualifications, salary history, outstanding experience, availability of other qualified
candidates and the resulting salary relationships with similar positions.
c) Merit Adjustments.
i) General Policy. It is the policy of the District to provide a systematic method for employees
to become eligible for advancement through salary schedules.
(1) Merit Increases. Full-time and part-time employees shall be eligible for a merit increase
based on the Total Average Score on the annual performance evaluation that is
calculated by averaging the competency and goal averages. Merit increases are applied
as follows:
3.9 to 5.0 (Superior) – 5% merit increase
3.5 to 3.8 (Above Average) – 4% merit increase
3.4 to 3.0 (Satisfactory) – 2% merit increase
Below 3.0 – not eligible for increase; requires improvement plan.
(2) Employees shall be eligible for a merit increase after completing 12 consecutive months
of service and subsequent merit increases shall occur thereafter upon completion of 12
months of employment until the employee reaches the top of the salary range for
his/her classification. At that point, the employee is no longer eligible for merit
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.2
Effective Date:
Subject: Classification & Compensation Supersedes: September 30, 2015
Approved by: Signature:
CMSD Employee Handbook Page 44 of 149 Effective:
Policy 2.2 – Classification & Compensation
increases.
(3) Approved merit increases shall be documented on a Personnel Action Form and
forwarded to the Finance Manager for implementation.
(4) Merit increases will be effective at the beginning of the pay period including the
employee’s merit review date. Merit increases will be applied retroactively in the event
a performance evaluation is not completed within the appropriate pay period.
d) Movement to a Higher Classification. When an employee is promoted or reassigned to a class
having a higher salary range, the employee shall be paid at the minimum of the new range or a
salary that falls within the range and results in at least a 5% pay increase, whichever is greater.
Employees promoted to a higher classification shall change their anniversary date to coincide
with the effective date of promotion.
e) Movement to a Lower Classification. When an employee is reassigned to a class having a lower
salary range, the employee shall receive a salary in the lower salary range that is nearest to the
employee’s rate of pay. When an employee’s position is reclassified to a class having a lower
salary range, the employee shall retain the same rate of pay until such time that the assigned
class has a maximum salary rate. Employees reassigned or reclassified to a lower position shall
have no change made in their anniversary date.
f) Transfer. When an employee is transferred from one position to another or from one
classification to another classification having the same salary range, the employee’s pay and
anniversary date shall remain unchanged.
g) Acting Pay. Acting for an uninterrupted period in a higher classification or rank will be
compensated at the rate of pay for that higher classification or rank.
h) Provisional Employees. Provisional employees shall be paid salary pursuant to their position’s
classification as outlined in the compensation plan. Provisional employees shall receive benefits
as determined by the General Manager.
i) Salary Range Adjustments. All District employees will receive a salary adjustment equal to the
February to February Consumer Price Index (CPI) for the Orange-Los Angeles-Riverside Counties.
The salary range adjustment will go into effect on July 1. However, the Board of Directors will
have the authority to freeze CPI salary adjustments at any time.
i) Salary range adjustments are distinguished from merit salary increases, as they are not
intended to give recognition to length and quality of service.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.2
Effective Date:
Subject: Classification & Compensation Supersedes: September 30, 2015
Approved by: Signature:
CMSD Employee Handbook Page 45 of 149 Effective:
Policy 2.2 – Classification & Compensation
j) The salary rate of an employee whose salary range is adjusted will be adjusted to the same
relative position in the revised salary range.
5) PARTIAL PAY PERIOD PAY. Salaries for employees working less than a complete schedule in a pay
period shall be computed by multiplying the number of hours actually worked during the pay period
by the employee's hourly pay rate.
6) PAYROLL.
a) Payroll Direct Deposit Program.
i) POLICY. As a condition of employment, all employees are required to enroll in payroll direct
deposit. Upon separation from employment with the District, the former employee will
complete an exit interview and will receive the final payment with a physical paycheck.
ii) PROCEDURE.
(1) All employees must sign up for direct deposit by completing and submitting the direct
deposit enrollment form and a voided check to Accounting.
(2) Paychecks will be electronically paid to an employee’s bank account through direct
deposit and will commence on the first payroll after enrollment.
(3) Upon separation and following the exit interview, the General Manager shall authorize
release of the final paycheck to the employee.
b) Payroll Withholding Allowance. Every employee must furnish a signed federal withholding
exemption certificate (Form W-4) and state Form DE4 on or before the date of employment in
accordance with applicable Internal Revenue Code sections and state income tax code.
Employees are permitted to amend the W-4 or DE4 once per calendar year quarter. Upon
separation with the District, the employee will be permitted one last withholding adjustment.
i) Employees shall submit completed W-4 or DE4 forms to Accounting for processing through
payroll and will commence in conjunction with the normal payroll process and cycle.
7) Time Cards, Core Hours and Adjustments. Each District employee submits time cards to their direct
supervisor for review and, in turn, to the Finance Manager for entry into the electronic payroll
system.
a) The time cards are the official timekeeping documents for each employee and are subject to
audit. Hours worked are entered on the time card according to code. Each employee is
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.2
Effective Date:
Subject: Classification & Compensation Supersedes: September 30, 2015
Approved by: Signature:
CMSD Employee Handbook Page 46 of 149 Effective:
Policy 2.2 – Classification & Compensation
responsible for the accuracy of his/her time card, which must be signed and approved by his/her
supervisor or the Personnel General Manager.
b) Duty hours are set for each employee, with flexibility to allow for minor variances. The duty
hours consist of a core time of 7:30 am to 4:30 pm daily (except if the employee is on a flex
schedule and is absent full day) during which all employees are expected to be present and
available for District service. A normal duty is an eight hour or nine hour workday, plus up to an
hour for lunch. Every employee must take at lest one have hour for lunch every work day and is
not allowed to skip lunch to make up lost time.
c) Each employee has 60 days after the end of the pay period to correct any errors on his/her time
card. Corrections must be requested as soon as discovered. The Finance Manager will review
each request for approval. After the 60-day period, no corrections or adjustments may be made
on the time card which will be the official document of record of time worked during that pay
period.
8) WORK HOURS.
a) Hours of Work. All administrative offices are open for business from 7:30 a.m. to 4:30 p.m.
Monday through Thursday and 7:30 a.m. to 3:30 p.m. on Friday. The work period for full-time
employees generally consists of nine hours per day with alternating 8-hour Fridays or eight
hours per day with up to one hour for lunch; part-time employee work periods may vary. Full-
time employee work periods may also vary based on business needs and General Manager
approval.
i) Exempt full-time employees may occasionally alter their regularly assigned work period
during a given work week, unless it inhibits their ability to get their work done at the
discretion of their supervisor and as authorized by the General Manager. Any alterations
that result in an absence from work for more than four (4) hours in a regularly scheduled
work day shall require the employee to use accrued paid time off.
b) Meal & Rest (Break) Periods.
i) Meal Periods. In accordance with state law, the District will provide nonexempt employees
with an unpaid, off-duty meal period of 30 minutes after a work period of more than five
hours. The meal period must be provided no later than the end of the employee's fifth hour
of work. When a work period of not more than six hours will complete the day's work, the
meal period may be waived by mutual consent of the employer and the employee.
(1) Every employee must take at least one-half hour for lunch every work day and is not
allowed to skip lunch to make up lost time.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.2
Effective Date:
Subject: Classification & Compensation Supersedes: September 30, 2015
Approved by: Signature:
CMSD Employee Handbook Page 47 of 149 Effective:
Policy 2.2 – Classification & Compensation
(2) Off-duty means relieved of all duty with the District relinquishing all control over
employee activities.
(3) On-duty means the nature of the work prevents an employee from being relieved of all
duty. Employees can take on-duty meal periods’ only when doing so has been agreed to
in writing by the District and the employee and the meal period is paid by the District.
ii) Rest Periods (Breaks). The District will provide paid rest periods for all nonexempt
employees whose total daily work time is at least 3.5 hours at the rate of 10 minutes for
every four hours worked, or "major fraction" thereof. Anything over two hours is considered
to be a "major fraction" of four. As a general rule, and insofar as practicable, the rest period
should be in the middle of the four-hour work period.
9) OVERTIME.
a) Authorization. All overtime shall be authorized by the appropriate supervisor and recorded on
the employee's time card in accordance with state and federal law.
b) Eligibility for Overtime. The General Manager shall determine which classifications are
considered eligible for overtime in accordance with state and federal law.
c) Overtime Compensation. Overtime compensation shall be paid in accordance with state and
federal law and District policy.
d) Pre-Approval of Overtime. Classified (non-exempt) employees are not permitted to work
overtime without pre-approval from their direct supervisor. Working overtime without pre-
approval is grounds for discipline.
e) Compensation for Overtime at Termination. Any employee who terminates employment shall
be paid at the employee's regular rate of pay for all accrued.
10) SEWER CREW EMPLOYEES MAINTENANCE PREMIUM PAY. Employees who are routinely and
consistently assigned to repair and maintain sewer systems shall receive a premium pay of 1.5% of
their base pay for each California Water Environment Association Collection System Maintenance
Grade Certification level achieved. For example, an employee who receives a Collection System
Maintenance Grade II Certification shall receive a premium pay of 3% of his/her base pay.
11) WELDER PREMIUM PAY. Additionally, employees who are routinely and consistently assigned to
repair sewer manhole covers by application of welding skills and who possess a current welding
certification, shall receive a premium pay of 1.5% of their base pay.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.2
Effective Date:
Subject: Classification & Compensation Supersedes: September 30, 2015
Approved by: Signature:
CMSD Employee Handbook Page 48 of 149 Effective:
Policy 2.2 – Classification & Compensation
12) STANDBY PAY. For each day on standby duty, employee will be paid a flat rate of $50.00 per day. If
the employee is called for advice or called out during the standby period, the employee receives
“Phone Advice Pay or Call Out Pay” in addition to Standby Pay.
a) Phone Advice Pay – Standby personnel handling incidents by the phone during a standby
period will be paid at his/her regular hourly rate of pay for a minimum of one hour for each
hour he/she is required to be on the phone to troubleshoot or otherwise provide phone
advice. Personnel shall be entitled to one full hour’s pay at straight time for any hour in
which he is required to be on the phone for such purposes. Said phone advice pay is in
addition to standby pay.
b) Call Out Pay - If standby personnel are “called out” during a standby period, they will be
compensated in accordance with overtime for the hours worked during the “call out,” with
the clock starting at the time of the call out and terminating upon clock out.
Such call out pay is in addition to standby pay and any phone advice pay if personnel
separately try to provide advice by phone to fix the problem but are then required to
respond in person.
13) CLOSED CIRCUIT TELEVISION (CCTV) INSPECTION PAY. Employees who successfully pass the
Pipeline Assessment & Certification Program (PACP) from the National Association of Sewer Service
Companies (NASSCO) shall receive a premium pay of 1.5% of his/her base pay. PACP is an
internationally accepted method for recording pipeline defects and observations in a standardized
fashion. Employees that are PACP certify gives credibility to inspecting pipeline and determining the
current status condition of said pipeline.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.3
Effective Date:
Subject: Benefits Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 49 of 149 Effective:
Policy 2.3 – Benefits
1) See APPENDIX for Summary of Compensation & Benefits.
2) BENEFITS BUCKET.
a) Full-time employees receive a monthly “benefit bucket” amount to select and pay for District-
offered medical, dental and vision insurance plans plus other ancillary benefits. The “bucket”
amount is based on the employee’s elected medical plan tier:
Employee only/individual - $920.00
Employee plus one dependent - $1150.00
Employee plus two or more dependents - $1,380.00
b) Employees must elect medical insurance coverage unless they provide proof of alternative
coverage to waive this benefit. Employees who waive medical insurance shall receive the
employee only/individual “bucket” amount and must select at least dental or vision coverage.
Unused “bucket” funds are paid directly to the employee as additional compensation or can be
allocated to the employee’s Deferred Compensation/457(b) plan.
c) Part-time employees are not eligible for the “benefits bucket”.
3) INSURANCE.
a) Medical Insurance. The District offers medical insurance through CalPERS. Employees elect the
plan and tier of their choice annually during open enrollment. Plan benefits are based on the
calendar year. No changes can be made to plan elections unless there is a qualifying event (e.g.,
birth, marriage, etc.) as defined by plan rules.
b) Dental & Vision Insurance. The District offers dental and vision insurance through SDRMA
(Special District Risk Management Authority). Employees elect the plan and tier of their choice
annually during open enrollment. Plan benefits are based on the calendar year. No changes
can be made to plan elections unless there is a qualifying event (e.g., birth, marriage, etc.) as
defined by plan rules.
c) Life Insurance. The District pays for a life insurance/AD&D (accidental death and
dismemberment) policy for all full-time employees that provides $50,000 coverage. This plan is
provided through ReliaStar Life/ING (Voya). Part-time employees are ineligible for this District-
paid life insurance plan.
d) Long-Term Disability Insurance. The District pays for a non-work related disability insurance
plan for all full-time employees that pays up to 60% of an employee’s basic monthly earnings
not to exceed $5,000 per month following a 90-day waiting period of continuous disability. The
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.3
Effective Date:
Subject: Benefits Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 50 of 149 Effective:
Policy 2.3 – Benefits
plan is provided through ReliaStar Life/ING (also known as Voya). Part-time employees are
ineligible for this District-paid disability insurance plan.
e) Ancillary Benefits. The District offers other ancillary insurance benefits for full-time and part-
time employees such as short-term disability insurance; and cancer, hospital and accident
insurances. These benefits are optional; employees pay the full cost of coverage.
4) EMPLOYEE ASSISTANCE PROGRAM (EAP).
a) The District will sponsor an employee assistance program at no charge to employees.
b) Policy. This policy establishes a confidential Employee Assistance Program (EAP) for District
employees and their immediate families through Managed Health Network (MHN). The EAP is
designed to assist employees, family members and significant others with resolving problems
affecting physical and emotional well-being and job performance. The EAP is a District-paid
benefit that provides the following services:
i) Private and confidential assessment and referral counseling.
ii) 24-hour, 7-days-per-week emergency telephone counseling.
iii) EAP consultation with licensed or certified counselors.
iv) Appointments outside of work hours.
v) No charge to the employee or family member for the EAP counseling.
vi) Bilingual counseling in Spanish. Arrangements for other languages can be made in advance
of the scheduled appointment. Counselors in several other languages are readily available.
vii) Referrals to community social services and self-help groups.
viii) Referrals to licensed outpatient and inpatient treatment facilities often at contracted,
reduced rates.
ix) Follow-up and case management on all persons using the EAP.
x) Group debriefing when a traumatic incident occurs.
xi) Coordination with other employee benefit plans provided by your employer.
xii) Employees are encouraged to use this benefit as needed.
5) PAID TIME OFF.
a) Holidays.
i) The District will observe the following ten holidays. Full-time employees shall receive the day
off with pay for these holidays plus two eight-hour floating holidays.
New Year’s Day
Labor Day
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.3
Effective Date:
Subject: Benefits Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 51 of 149 Effective:
Policy 2.3 – Benefits
Martin Luther King Day
Thanksgiving (Thurs & Fri)
Presidents Day
Veterans Day
Memorial Day
Christmas Day
4th of July
ii) Floating holiday hours may be used incrementally and must be used by the end of the fiscal
year, as specified by payroll; any excess balances will be paid out to employees. Employees
receive a new floating holiday bank at the beginning of the fiscal year, as specified by payroll.
iii) Part-time employees are ineligible for holiday pay.
b) Vacation.
i) Employees may use vacation hours after six months of continuous full-time employment.
(1) Vacation use requires supervisor approval.
(2) Employees shall submit vacation requests in advance, preferably with at least one week’s
notice.
(3) Employees may not use more vacation hours than they have earned. The use of vacation
may not result in a negative balance.
ii) Vacation Accrual. Regular full-time employees with an average workweek of 40 hours shall
receive vacation as follows:
(1) Upon completion of one to two years of continuous full-time service, employees shall
accrue 92 hours per year.
(2) Upon completion of three to four years of continuous full-time service, employees shall
accrue 116 hours per year.
(3) Upon completion of five to nine years of continuous full-time service, employees shall
accrue 140 hours per year.
(4) Upon completion of 10 to 14 years of continuous full-time service, employees shall
accrue 164 hours per year.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.3
Effective Date:
Subject: Benefits Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 52 of 149 Effective:
Policy 2.3 – Benefits
(5) Upon completion of 15 years or more of continuous full-time service, employees shall
accrue 188 hours per year.
iii) Vacation Bank. The maximum amount of vacation time a full-time employee may accrue is
based on years of service, per the table below.
Years of Service Maximum
Vacation Bank
1 to 2 184
3 to 4 232
5 to 9 280
10 to 14 328
15 and over 376
(1) If accrued vacation hours exceed the bank maximum as of the last pay period in April,
employees will be required to take a mandatory vacation in May and will be issued a
mandatory cash out in June for any remaining excess hours.
(2) The mandatory vacation must consist of at least 40 hours, if the excess hours are 40 or
more, or be equal to the amount of excess bank hours if the excess hours are less than
40.
(3) Upon termination, employees will be compensated at their current rate of pay for any
vacation bank hours earned up to and including the date of termination.
iv) Voluntary Vacation Cash out. With supervisor and General Manager, or designee, approval,
employees may request a voluntary cash out at any time, in any amount, as long as they
have a minimum vacation bank of 80 hours and have used 40 hours of vacation in the fiscal
year at the date of the request.
v) Vacation Cash out Tax. Voluntary and mandatory cash outs are subject to supplemental
withholding tax rates.
c) Sick Leave.
i) Definitions.
(1) Sick leave is defined as:
(a) Absence of work due to illness, non-industrial injury, or quarantine due to exposure
to a contagious disease;
(b) Diagnosis, care or treatment of an existing health condition of, or preventive care
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.3
Effective Date:
Subject: Benefits Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 53 of 149 Effective:
Policy 2.3 – Benefits
for, an employee or an employee’s family member and, for an employee who is a
victim of domestic violence, sexual assault, or stalking;
(c) Time off from work for the purposes described in subdivision (c) of Section 230 and
subdivision (a) of Section 230.1 of the Labor Code;
(d) Dentist and doctor appointments and prescribed sickness prevention measures.
(2) Family member means any of the following:
(a) A child, which for purposes of this policy means a biological, adopted, or foster
child, stepchild, legal ward, or a child to whom the employee stands in loco parentis.
This definition of a child is applicable regardless of age or dependency status.
(b) A biological, adoptive or foster parent, stepparent, or legal guardian of an employee
or the employee’s spouse or registered domestic partner, or a person who stood in
loco parentis when the employee was a minor child.
(c) A spouse.
(d) A registered domestic partner.
(e) A grandparent.
(f) A grandchild.
(g) A sibling.
ii) Sick leave is not a privilege that an employee may use at his/her discretion, but shall be
allowed only in case of actual necessity of the employee, or his/her family member.
iii) Accrual Rates.
(1) Part-time Employees. Part-time employees, who work 30 or more days in a year shall
be entitled to 24 hours or three days of paid sick leave.
(a) Part-time employees are entitled to use sick leave beginning on the 90th day of
employment.
(b) Use shall be limited to no more than 24 hours (based on an 8 hour workday) or 3
days in each year, whichever is greater.
(c) The maximum amount of leave allowed to carry-over annually is capped at 48 hours
or 6 days.
(2) Full-time Employees shall accrue sick leave at the rate of 3.70 hours per pay period.
iv) Termination. Unused sick leave is forfeited upon termination of employment for any reason
other than retirement.
v) Retirement. Upon retirement, accumulated unused sick leave is added to the total years of
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.3
Effective Date:
Subject: Benefits Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 54 of 149 Effective:
Policy 2.3 – Benefits
service time of the employee for credit in accordance with the District's contract with the
CalPERS.
(1) An employee may not use sick leave to extend a retirement (either disability or regular)
or termination date.
vi) If an employee separates from employment and is rehired within one year from the date of
separation, previously accrued and unused paid sick days shall be reinstated. The employee
shall be entitled to use those previously accrued and unused paid sick days and to accrue
additional paid sick days upon rehiring.
vii) Exclusions. No employee is entitled to sick leave while absent from duty on account of any
of the following causes:
(1) Sickness or injury sustained while on leave of absence without pay.
(2) Sickness or injury sustained from improper employee conduct as defined in this
handbook.
(3) To permit an extension of the employee’s vacation.
viii) Proof Required. The supervisor will approve sick leave only after having ascertained that
the absence was for an authorized reason. When absence is for more than three work days
or if abuse of sick leave is suspected, the supervisor may require verification, but shall not
be provided with protected medical information. If the supervisor requires the employee to
submit verification, the supervisor shall make this requirement known to the employee as
soon as possible. If verification is not provided, the time off will be considered a leave of
absence without pay.
ix) Exhaustion of Sick Leave. In the event an employee uses all of the sick leave the employee
has accrued, upon the approval of the supervisor, the employee may have any other paid
leave days which the employee has accrued deducted for each day or portion thereof
he/she is absent due to illness. This deduction will continue until the employee either
returns to work or uses all his/her accrued leave time. With the concurrence of the General
Manager, the supervisor may allow the employee to take a leave of absence without pay if
the employee does not have any paid leave time or sick leave remaining to his/her credit.
x) Penalty for Sick Leave Abuse. The District’s successful operation depends in large part upon
the attendance of each of its employees. Employees have an important job that fits into a
pattern of service. Unnecessary and unexcused absences, therefore, are undesirable
because they affect not only operations but the way in which fellow employees are able to
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.3
Effective Date:
Subject: Benefits Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 55 of 149 Effective:
Policy 2.3 – Benefits
do their jobs. It is important, too, to have a uniform attendance policy to avoid any
misunderstandings regarding attendance expectations.
(1) Any unapproved absence may constitute cause for disciplinary action, up to and
including discharge from employment.
xi) Abuse of Sick Leave and Excessive Absenteeism. If it appears that an employee is abusing
sick leave or using sick leave excessively, the employee will be counseled that continued use
of sick leave may result in a requirement to furnish verification for each subsequent absence
for sick leave regardless of duration. Continued abuse of leave or excessive use of sick leave
constitutes grounds for dismissal.
(1) Abuse of sick leave means the misrepresentation of the actual reason for taking sick
leave, using sick leave for unauthorized purposes, failure to report sick leave, and may
include chronic, persistent or patterned use of sick leave.
(2) Excessive absenteeism is a level of absence, other than protected leaves, that
significantly disrupts the work of the District. Absenteeism may be excessive even where
the employee remains able to draw upon accrued leave accounts. An employee may be
considered excessively absent when he/she has used an above-average amount of
unscheduled leave (40 hours or more), excluding any protected leaves.
(a) Unscheduled Leave means an absence from work which is not requested and
approved in advance. Any employee who must use unscheduled leave time must
notify their supervisor 30 minutes prior to the start of shift. Should the employee
need to use more than one day of unscheduled leave, the employee shall notify
their supervisor 30 minutes prior to the start of the shift each day they are absent.
(b) Upon the employee’s return from unscheduled leave, the supervisor will approve
the use of appropriate paid leave only after having ascertained that the absence was
for an authorized reason. However, the leave time will be classified and
documented as unscheduled leave. If the reason for the absence was not
authorized, the employee may be subject to disciplinary action, as outlined in this
handbook.
(3) The District shall have the authority to request a medical report substantiating any
illness for a return to work report, provided privacy laws are observed. When, in the
judgment of the District, the employee's reasons for being absent are inadequate,
and/or not consistent with the eligibility requirements for use of sick leave, he/she shall
change the payroll time report to indicate the absence was leave without pay. In
addition, the employee is subject to disciplinary action.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.3
Effective Date:
Subject: Benefits Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 56 of 149 Effective:
Policy 2.3 – Benefits
xii) Workers’ Compensation. An employee who is temporarily absent from work by reason of
injury or illness covered by Worker's Compensation shall continue in pay status under the
following provisions:
(1) The difference between the amount granted pursuant to such Worker's Compensation
and the employee's regular rate of pay shall be deducted from the employee's
accumulated sick leave and, when authorized by the employee, vacation days. Payment
of wages will be coordinated with the Worker's Compensation carrier.
(2) Such an employee will continue in pay status and receive his regular rate of pay until his
accumulated sick leave and vacation days have been depleted
d) Executive Leave.
i) Exempt full-time employees receive 40 hours of Executive Leave each fiscal year of
Executive Leave. Balances in Executive Leave hours cannot be carried over to proceeding
yeers. Executive Leave is used like vacation leave and may be used after six months of
continuous full-time employment. Executive Leave may be used like sick leave, with
supervisor approval. The use of Executive Leave requires supervisor approval.
ii) Employees must use the all 40 hours of Executive Leave within the fiscal year or they will
forfeit the remaining balance received; any remaining balance will be forfeited. Executive
Leave cannot be carried over to proceeding years. Employees can cash out 20 hours of
Executive Leave hours at their current rate of pay, but must use or schedule 20 hours of
Executive Leave to be eligible for the cash out.
iii) An Exempt employee may occasionally alter his/hertheir regularly assigned work schedule
during a given work week as necessary and as authorized by the General Manager. Any
alternations that result in an absence from work for more than fourtwo (42) hours in a
regularly scheduled work day shall require the employee to use accrued executive leave,
vacation, or sick leave during the absence.
iii)iv)
iv)v) Non-Exempt full time and part-time employees are ineligible for Executive Leave
e) Compensatory Time.
i) Compensatory time off is accrued by converting overtime hours to compensatory time off
hours. Full-time employees may accrue compensatory time, with supervisor approval, by
requesting to convert overtime hours to compensatory time hours. Compensatory time is
used like vacation and may also be used like sick leave, with supervisor approval. The use of
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.3
Effective Date:
Subject: Benefits Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 57 of 149 Effective:
Policy 2.3 – Benefits
compensatory time off requires supervisor approval. An unlimited amount of
compensatory time may be accumulated during the fiscal year but any remaining balance
will be paid off in full effective June 30 of each year.
ii) Part-time and exempt level employees are ineligible for the accrual of compensatory time
off hours because these employee groups are ineligible for overtime.
f) Bereavement.
i) In the event of a death in the employee's immediate family, a full-time employee shall be
entitled, at the discretion of the General Manager, to one-five working days off with pay to
attend the funeral. The relatives designated shall include father, mother, wife, husband,
brother, sister, daughter, son, grandparents, brothers and sisters having one parent in
common, and those relationships generally called "step," providing persons in such
relationships have lived or have been raised in the family home and have continued an
active family relationship.
ii) To be eligible for bereavement leave, the employee must attend or make a bona fide effort
to attend the funeral. Bereavement leave is not compensable when the employee is on
leave of absence, bona fide layoff, or for days falling outside the employee's regular work
period. Bereavement leave is not chargeable against sick leave.
iii) Part-time employees are ineligible for paid bereavement leave.
g) Jury Duty/Court Leave.
i) While on jury duty or while appearing as a legally required witness, except in private cases
not related to the employee's job, a full-time employee will receive full pay from the
District. For purposes of payroll, an employee must obtain validation from the Jury Clerk of
time spent on jury duty. An employee who is summoned must notify his or her supervisor or
the General Manager as soon as possible after receiving notice of both possible and actual
jury service and/or witness testimony. An employee receiving witness fees or jury service
fees, shall remit such fees to the District in order to be considered at work for payroll
purposes during the time spent as such witness or serving on the jury. The employee is
entitled to retain any mileage allowance the court pays.
ii) Part-time employees are ineligible for paid jury or court leave.
h) Military Leave.
i) Military leave shall be granted in accordance with the provisions of state and federal laws.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.3
Effective Date:
Subject: Benefits Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 58 of 149 Effective:
Policy 2.3 – Benefits
All employees entitled to military leave shall give the supervisor an opportunity within the
limits of military regulations to determine when such leave shall be taken.
ii) Employees who are called or volunteer for services with the armed forces of the United
States or the California National Guard shall be entitled to be considered for reinstatement
in accordance with the provisions of these rules.
iii) An employee promoted to fill a vacancy created by a person serving in the armed forces
shall hold such position subject to the return of the veteran. The employee affected by the
return shall be restored to the position he or she held previously or any other equivalent
position.
iv) A new employee hired to fill a vacancy created by a person serving in the armed forces shall
hold such position subject to the return of the veteran. The employee affected by the return
shall be placed in as nearly equal a vacant position as may exist, or if no such position exists,
may be subject to layoff.
v) Reserve Duty. Employees who participate in a reserve unit of the armed forces shall
attempt to arrange time off for two-week assignments with the supervisor in advance of the
scheduled drill. Such employees shall receive their normal compensation during a two-week
drill assignment. Weekend drills shall also be scheduled in advance if the employee is
scheduled to work on weekends.
6) FAMILY CARE AND MEDICAL LEAVE.
a) This section summarizes how several family and medical leave laws apply to District
employees.
i) Family and Medical Leave Act (FMLA). All public agencies are covered employers under
Federal FMLA. This means that a covered employer must post general notice and posters
about FMLA in conspicuous places. However, because the District does not employ at least
50 employees no employees are eligible to take FMLA leave. As required by law, employees
who request FMLA leave will be provided with notice informing the employee that they are
not eligible and explaining why.
ii) California Family Rights Act (CFRA). The District is not considered a covered employer
under the CFRA because the District does not employ 50 or more employees. Therefore, no
employees are eligible to take CFRA leave.
b) District employees are not eligible for FMLA or CFRA leave; however, they are eligible to
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.3
Effective Date:
Subject: Benefits Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 59 of 149 Effective:
Policy 2.3 – Benefits
request a Leave of Absence without Pay.
i) Pregnancy Disability Leave (PDL). The District is considered a covered employer under the
California PDL law, which means eligible District employees can take unpaid leave with
their same or equivalent position being assured upon return. The following provisions also
apply to PDL:
(1) Employees are entitled to unpaid leave for up to four months in accordance with state
law.
(a) Employees must provide verbal or written notice of leave at least 30 days in
advance if it is foreseeable and as soon as possible if it is not.
(b) Leave may be taken intermittently or on a reduced work schedule when medically
advisable, as determined by the employee’s health care provider.
(c) If additional time off is needed, employees may also request a Leave of Absence
without Pay.
(2) Use of Paid Time Off. During said leave of absence, the employee must first use
accumulated sick leave. Upon request, and at the discretion of the employee, vacation
or other paid leave may be used.
(3) Health Insurance Benefits. An employee on PDL is entitled to the same level of group
health insurance coverage that was provided before the leave; therefore, employees
shall continue to receive the “benefits bucket”.
(a) The District may recover premiums it paid to maintain health coverage, if an
employee does not return to work following pregnancy disability leave.
(b) Employees must continue to pay insurance premiums, if any, either through payroll
deduction or by direct payment to the District while on leave. The employee will be
advised in writing at the beginning of the leave period as to the amount and method
of payment. Employee contribution amounts are subject to any change in rates that
occur while the employee is on leave.
(4) Short and Long-Term Disability Benefits. The District pays for long-term disability
benefits for full-time employees. Employees may also voluntarily enroll in short-term
disability. Employees may be entitled to short and long-term disability benefits for
pregnancy-related reasons and are encouraged to explore eligibility.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.3
Effective Date:
Subject: Benefits Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 60 of 149 Effective:
Policy 2.3 – Benefits
(a) Employees receiving benefits during PDL may use paid time off at the employee’s
option to make up the difference between disability benefits and the employee’s
regular pay.
(5) Service Credit. PDL is not considered an interruption of service (break in service) for
purposes of seniority. Employees returning from leave shall return with no less seniority
for purposes of layoff, recall, promotion or job assignment. For purposes of retirement,
unpaid leave shall be considered an interruption of service since Public Employees'
Retirement System (PERS) contributions are based on wages paid.
(6) Return from Leave. Upon expiration of the approved leave, and the District’s receipt of
a written statement from the health care provider that the employee is fit for duty, the
employee shall be reinstated to her former position or to a comparable one if the
former position is abolished during the period of leave and the employee would
otherwise not have been laid off. The comparable position is one having similar terms of
pay, location, job content and promotional opportunities.
(a) If the employee’s original position is no longer available, the employee will be
assigned to an open position that is substantially similar in job content, status, pay,
promotional opportunities, and geographic location as the employee’s original
position.
(b) If upon return from leave an employee is unable to perform the essential functions
of her job because of a physical or mental disability, the District will initiate an
interactive process with the employee in order to identify a potential reasonable
accommodation.
(c) An employee who fails to return to work shall relinquish reinstatement rights.
c) Legal requirements and details pertaining to leave laws that are not set forth in this section are
set forth in applicable laws.
7) LEAVE OF ABSENCE WITHOUT PAY (Also known as “Unpaid Time Off”).
a) Supervisors may grant a leave of absence without pay not to exceed two calendar weeks. All
leaves of absence without pay shall be reported to the General Manager. A leave of absence
shall be considered an interruption in the probationary period. Time off on a leave of abasence
without pay by a probationary employee shall not be counted as part of the probation period.
b) The General Manager may grant a regular probationary employee leave of absence without
pay not to exceed three months.
c) No such leave shall be granted except upon written request of the employee.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.3
Effective Date:
Subject: Benefits Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 61 of 149 Effective:
Policy 2.3 – Benefits
d) The request shall set forth the reason for the request.
e) The District’s response to the request shall be in writing. An employee must first use all
accrued vacation and comp time credits and/or executive leave, and the remaining approved
leave of asnece will be without pay.. Sick leave may not be taken.
f) Upon expiration of an regularly approved leave of absence without pay, or within a reasonable
period of time after notice to return to duty, the employee shall be reinstated in the position
held at the time the leave was granted.
g) Failure on the part of an employee on leave of absence without pay to report promptly at its
expiration, or within a reasonable time after notice to return to duty shall be cause for
discharge.
h) The General Manager may review and extend leaves of absence at his/her sole discretion.
i) Use of Paid Time Off. An employee must use all accrued vacation, floating holidays, comp
time and executive leave to be eligible for leave of absence without pay except for a legally
protected Pregnancy Disability Leave. Employees must also use sick leave accruals if the
reason for the request is consistent with eligible uses under the sick leave policy; otherwise,
sick leave use is not required.
j) Sick and Vacation Accruals. If the leave of absence without pay is for an entire pay period, no
sick or vacation will accrue. If the leave of absence without pay is for a portion of the pay
period, sick and vacation shall accrue on a prorated basis (.e.g., if the leave of absence
without pay is for 50% of the pay period, the employee shall receive 50% of the regular sick
and vacation accrual amount.).
k) “Benefits Bucket”. If the leave of absence without pay is for an entire pay period, the
employee will be ineligible for the “Benefits Bucket” amount for that pay period; except while
on a legally protected Pregnancy Disability Leave. If the leave of absence without pay is for a
portion of the pay period, the employee will be eligible for the “Benefits Bucket” amount for
that pay period.
l) Holiday Pay. If the leave of absence without pay is for an entire pay period, the employee will
be ineligible for the holiday pay for that pay period. If the leave of absence without pay is for
a portion of the pay period, the employee will be eligible for the holiday pay for that pay
period.
8) RETIREMENT PLAN.
a) The District contracts with California Public Employees’ Retirement System (CalPERS) for District
employees to become members of the CalPERS retirement system. CalPERS retirement is
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.3
Effective Date:
Subject: Benefits Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 62 of 149 Effective:
Policy 2.3 – Benefits
governed by the Public Employees’ Retirement Law (PERL), Government Code sections 20000 et
seq.
b) The percentage of final compensation to be provided is determined by hire date, as follows:
i) On or before July 1, 2011 - 2% at 55 plan. The District pays both the employee contribution
(7% of gross annual income) and employer contribution (varies).
ii) July 1, 2011 to December 31, 2012 - 2% at 60 plan. Employees pay the employee
contribution (7% of gross annual income) and the District pays the employer contribution
(varies).
iii) On or after January 1, 2013 – new employees are enrolled in the 2% at 62 plan. Employees
pay the employee contribution (50% of the Normal Cost) and the District pays the employer
contribution (varies).
iv) Employees with previous public pension service that meet eligibility criteria are enrolled in
the 2% at 60 plan. Employees pay the employee contribution (50% of the Normal Cost) and
the District pays the employer contribution (varies).
c) To be eligible for service retirement, a member must be at least 50 years old and have five years
of CalPERS credited service. There is no compulsory retirement age.
d) The monthly retirement allowance is determined by age at retirement, years of service credit
and final compensation. The basic benefit is 2% of final compensation for each year of credited
service upon retirement at age 55, 60, or 62.
e) Final compensation is the average monthly pay rate during the last consecutive 12 or 36 months
of employment, depending on hire date. Employees hired on or before July 1, 2011 are eligible
for a 12 month final average salary and employees hired after this date are eligible for a 36
month final average salary.
f) Employees do not pay into Social Security with the exception of 1.45% of gross income, which is
paid into the Medicare portion of Social Security.
g) Pre-retirement Death Benefits. This benefit is a refund of the member’s contributions plus
interest and up to six month’s pay (one month’s salary rate for each year of current service up to
a maximum of six months).
h) Death after Retirement. The lump sum death benefit is $500.00.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.3
Effective Date:
Subject: Benefits Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 63 of 149 Effective:
Policy 2.3 – Benefits
i) Termination of Employment. Members who have separated from employment may elect to
leave their contributions on deposit or request a refund of contributions and interest. Those
who leave their contributions on deposit may apply at a later date for a monthly retirement
allowance if the minimum service and age requirements are met. Members who request a
refund of their contributions terminate their membership and are not eligible for any future
benefits unless they return to CalPERS membership.
9) RETIREMENT HEALTH SAVINGS (RHS) PLAN.
a) The District contracts with ICMA-RC (International City Management Association - Retirement
Corporation) for District employees to become part of the Employer Vantage Care Retirement
Health Savings (RHS) Plan.
b) All full-time employees participate in this program to build tax deferred assets during District
employment to pay for healthcare premiums and out-of-pocket expenses in retirement.
Employees pay a mandatory contribution equal to 1% of base salary and the District pays 1% of
base salary on behalf of each employee for a total contribution of 2%. Employee contributions
vest immediately; District contributions vest after five years of service.
c) Part-time employees are ineligible for the RHS plan.
10) DEFERRED COMPENSATION/457(b) PLAN.
a) The District contracts with ICMA-RC (International City Management Association - Retirement
Corporation) for full-time and part-time employees to become part of a 457 Deferred
Compensation Plan. Participation is voluntary and all contributions are funded by employees.
b) Loan Program. Participants may request hardship loans against deferred compensation
contributions in accordance with applicable plan provisions.
i) Purpose. The District allows eligible plan participants the ability to borrow funds from their
plan account balance. The program allows participants the ability to access funds that are
not otherwise available. Repayment provisions for these loans ensures that participants
replenish their accounts, thereby preserving their retirement savings.
ii) Loan Terms. Employees who are currently participating in the District’s ICMA-RC Deferred
Compensation Plan (457) are eligible to participate in this loan program. Loans will be
granted solely for hardship circumstances
1. A hardship is defined as being unable to meet certain specified financial
situations. Examples include, but are not limited to, unreimbursed medical
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.3
Effective Date:
Subject: Benefits Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 64 of 149 Effective:
Policy 2.3 – Benefits
expenses, paying federal and/or state income taxes, paying for college
education for dependents, outstanding debt (e.g. credit cards, college loan,
etc.).
2. All 457 Plan loans must be coordinated with unforeseeable emergency
withdrawals. The emergency withdrawal regulations under Section 457 of the
Internal Revenue Code require that an emergency withdrawal be a resource of
the “last resort.” By allowing eligible District participants to borrow against
their plan account balance, a participant would be required to take a loan
before taking an emergency withdrawal.
3. If the employee is separated from the District for any reason, all loans are due
and payable in full as soon as the participant takes a withdrawal of any amount
from the plan. Failure to repay the outstanding loan amount at the time it is
due will result in foreclosure of the loan and ICMA-RC will report it as a taxable
distribution in the year of the foreclosure.
iii) Procedures. A loan application must be completed, signed by the employee and approved
by the District. Upon approval of the loan application, ICMA- RC will prepare loan
documents and send them to the District, along with a check, for disbursement. The loan
check will not be issued to the employee until the loan documents have been completed
and signed. Loan documents include a promissory note evidencing the loan and disclosure
statement, which includes an amortization schedule.
1. Employees are limited to one outstanding loan at a time through this program
where the employee will be allowed to borrow up to 50% of the account
balance, not to exceed $50,000. The minimum loan amount is $1,000. Loans
must be repaid over a 5 year period through bi-weekly payroll deductions.
2. Once a loan is issued, the District’s payroll department must ensure that
loan repayments are withheld from the employee’s paycheck each pay period,
in the amount specified on the amortization schedule, until the loan is repaid in
full. The District will NOT stop taking loan repayments from the employee’s
paycheck until the loan has been repaid in full. The District will ensure that
deductions are not pre-taxed.
11) TUITION REIMURSEMENT.
a) Tuition reimbursement is available to full time employees, who have completed six months of
service, and are in good standing within their department.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.3
Effective Date:
Subject: Benefits Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 65 of 149 Effective:
Policy 2.3 – Benefits
b) Employees who are eligible for tuition assistance from any other source must declare the source
and amount on the tuition reimbursement application. The District requires the employee to
use other available payment plans in preference to the District plan.
c) Veterans must exhaust their educational benefits before reimbursement can be approved.
However, if educational benefits received do not cover the entire cost of coursework, the tuition
reimbursement program may pay a percentage of the cost not reimbursed.
d) If an employee resigns, is discharged or laid-off prior to completion of coursework and
submission of his/her grades to the District, his/her application for tuition reimbursement will
be voided.
e) Contingent on budget allocations, full-time District employees who meet specified criteria
will receive financial assistance to attend educational courses at fully-accredited educational
institutes in order to foster personal development in job-related areas as well as career
advancement. The District may reimburse eligible employees for up to for a maximum of $5,000
per calendar year for approved educational programs. The program is available to employees
who engage in studies that do not interfere with regular working hours and that lead to a
degree or class work that is mutually beneficial to the District and employee.
f) Applications must be filed and approved by supervisors and the General Manager, or designee,
before commencing course work. To receive reimbursement the employee must submit a grade
report at the end of the course, along with a tuition and fee statement, to the Personnel
Manager showing course completion with a minimum of a C grade, or passing grade in
non-graded courses.
g) Upon certification, the General Manager, or designee, will submit the reimbursement request to
the accounting department for payment. Payments will be made up to $5,000 for fees for the
course, textbooks and supplies.
h) Employees participating in this program will be required to sign a statement indicating that
100% of all funds received under this program will be returned to the District if the employee is
terminated or resigns from employment with the District within one year and 50% of all funds
received under this program will be returned to the District if the employee is terminated or
resigns from employment with the District within two years.
i) The tuition reimbursement may be a taxable benefit depending upon the provisions of the
Internal Revenue code. The individual employee will be responsible for any tax liability.
j) Part-time employees are ineligible for tuition reimbursement.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.3
Effective Date:
Subject: Benefits Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 66 of 149 Effective:
Policy 2.3 – Benefits
12) SERVICE AWARDS.
a) Purpose. The purpose of Service Awards is to recognize employees for their services to the
District and the Community. Service awards shall be presented to employees in the classified
service for five years of service and at each five year interval thereafter.
i) For purposes of this Rule, the term "years of service" as applied to employees in the
classified service shall be defined as the accumulated total of all periods of full-time service,
excepting therefrom any periods of leave of absence at no pay exceeding 30 calendar days.
ii) The provisions of this Rule shall apply also to the District’s Board of Directors.
13) TECHNOLOGY LOAN PROGRAM.
a) Purpose. To elevate technology competency of eligible employees, by encouraging and assisting the
purchase of technology equipment and software for use in employees home by granting interest
free loan from the District. Technology competency on the part of eligible District employees will
increase productivity in the workplace through new applications and increased use of District
technology equipment in daily organization activities. All District employees who have completed
their initial probationary period with the District are eligible for this benefit after six months of
service.
b) Loan Terms. The minimum loan amount under this program shall be $200 and the maximum is
$2,500. The employee has the option of financing all or part of the purchase price of the
equipment and materials purchased up to the maximum.
i) The loan amount shall be specified in a promissory note from the employee to the District.
ii) The loan shall be repaid by the employee through payroll deduction and the deduction
period shall not exceed 24 months (52 pay periods). There shall be no interest charged.
Repayment in full is accepted without penalty.
iii) The loan shall become immediately due and payable upon separation of employment with
the District. If there are insufficient funds available in the final paycheck, remaining balance
shall be paid by check or cash at the time of separation. If a balance remains at the time of
separation, the amount owed will be converted to a loan with a 10% interest rate billed
monthly, if balance not paid in full by check or cash within 30 days of separation from the
District.
iv) Each employee will be limited to receiving one technology loan in a one fiscal year period
and cannot obtain a loan if the employee still has an outstanding loan with the District.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.3
Effective Date:
Subject: Benefits Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 67 of 149 Effective:
Policy 2.3 – Benefits
v) Employee agrees not to sell, trade, or otherwise dispose of the equipment or software until
the loan has been paid in full. The employee also agrees the usage of the equipment and
software will be limited to the employee's own use and that of his/her immediate family.
Any reassignment or transfer of the equipment or software or the Promissory Note will
result in the loan being recalled.
vi) Employees should ensure that their home or renter's insurance policy provides adequate
protection of their equipment from theft, fire, flood, and lightning. The District does not
assume any liability for damage or theft of equipment.
c) Type of Equipment. Technology equipment ordered under this program is for the employee's
personal use and for work-related activities. It is intended that the purchased equipment be
compatible with the District's computing equipment.
i) Any home desktop or tablet cComputers may be purchased under this program. must be
IBM PC compatible. Exceptions may be made to purchase a Mac system if a Mac system is
required in the performance of the employee's District job and a Mac system is provided by
the District for the employee's position. Any configuration of computer peripheral
equipment and software is limited to the following (subject to the approval of the General
Manager): OS X or Central processing unitCPU with operating system and windows
software, other internal and external devices, such as drives, monitor, keyboard, mouse,
speakers, modem, scanner, and printer. Shipping, handling fees and sales tax are also
eligible for reimbursement, within the established limits.
ii) The equipment is subject to warranty terms and conditions of the manufacturer. Each
employee is solely responsible for arranging for maintenance service, installation, training,
extended warranty or other services at his/her own expense and is not included in the loan
amount.
d) Procedure. The District can obtain government rates through its authorized technology
purchasing vendor, CDW. Employees can search the equipment and software he/she desires by
visiting www.cdw.com. Print a listing of the hardware and software, including price quote, tax
and delivery.
i) Complete a Personal Technology Loan Program - Loan Request form, which may be obtained
from the Finance Department. This requires the employee to list the type of equipment to
be purchased, the purchase price, the loan amount and repayment plan requested. Submit
this to the Finance Department and finally to the General Manager to ensure loan approval.
ii) After the loan is approved in writing, a Promissory Note outlining the terms of the loan must
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.3
Effective Date:
Subject: Benefits Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 68 of 149 Effective:
Policy 2.3 – Benefits
be completed and signed by the employee.
iii) After the loan request form and Promissory Note is signed by the employee, the District’s
Finance Department will purchase the equipment and/or software from CDW on behalf of
the employee using District appropriated funds. The equipment and/or software will be
shipped to District Headquarters at 628 W. 19th Street.
iv) Payroll deductions (per pay period) will begin at the beginning of the first pay period
following employee receipt of equipment and/or software at District Headquarters.
e) IRS / Taxes. Questions regarding tax consequences of participation in this plan should be
directed to a reputable tax advisor.
f) Limitations. The District assumes no liability against loss, damage or equipment abuse.
i) The District reserves the right to terminate the Technology Loan Program at any time.
g) Technology Loan Request Form. All employees who wish to obtain a technology loan must
complete the District’s Employee Technology Loan Request Form.
14) CELL PHONES.
a) Purpose. The purpose of this policy/procedure is to establish guidelines for District issued cell
phone allowance(s). The District provides an allowance for cell phones, but the cell phone and
any license to connect to electronic transmission lines (telephone, email, etc.) are not the
property of the District.
b) Overview. The use of cell phones may be essential for employees to conduct business while
away from the office, i.e., field and customer service operations, emergency operations, after-
hours communications, and for their safety. District issued cell phone allowances may be
provided to employees whose job duties require them to be out of the office for large portions
of the workday or work during non-business hours.
c) The General Manager shall determine which employment classifications will need a cell phone
and, therefore, shall be entitled to a cell phone allowance. No employee at the District has an
implied right to a cell phone allowance; the General Manager can, at his or her discretion,
determine that a cell phone is no longer required to meet job functions of specified
classifications, and therefore, the allowance will cease.
d) The District has established a cell phone allowance and shall pay an amount to employees within
the specified classification for cell phone acquisition and maintenance. Personnel who are
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.3
Effective Date:
Subject: Benefits Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 69 of 149 Effective:
Policy 2.3 – Benefits
provided a cell phone compensation plan shall provide their phone number to District personnel
for District use. Personal calls during assigned shift should only be taken during work breaks or
meal periods.
e) Compliance Procedure. Employees whose positions are listed below shall receive an allowance
on a taxable monthly basis.
i) General Manager
ii) Administrative Service Manager
iii) Deputy District Clerk
iii)iv) Senior Management Analyst
iv)v) Management Analyst II
v)vi) Wastewater Maintenance SupervisorSuperintendent
vii) Wastewater Maintenance Workers I, II & III
vi)viii) SCADA Technician / Industrial Electrician
vii)ix) Code Enforcement Officer
viii)x) Maintenance Assistant
ix)xi) Finance Manager
x)xii) Senior Accountant
f) Employees receiving an allowance are responsible for the following:
i) Purchasing and maintaining their equipment. Cell phone plans must provide adequatefor a
minimum of 450 minutes coverage for work communications and must have coverage with
a carrier that provides acceptable coverage in the employee’s work areas.
ii) Notifying their supervisor and department manager of their phone number, changes to
number, or cancellation of service.
iii) Ensuring continuity of service, including payment of bills.
iv) Being in possession of their cell phones during working hours and during nonworking hours
if required by their supervisor for District purposes (pursuant to the District’s Standby
Policy).
g) District employees may choose to have a telephone-only cell phone or a telephone with text,
internet, photo and other features.
h) Use of Cell Phones. Although District employees are to have their cell phones activated for
work purposes, cell phone use is not limited to District purposes, and employees may use their
cell phones for any lawful purpose.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.3
Effective Date:
Subject: Benefits Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 70 of 149 Effective:
Policy 2.3 – Benefits
i) Cell phone use must be in conformance with other District rules.
ii) Effective July 1, 2008 and in accordance with Vehicle Code (VC) §23123 all drivers are
prohibited from using a handheld wireless telephone while operating a motor vehicle.
Motorists 18 and over may use a hands-free device. Employees are required to pull off to
the side of the road and safely stop the vehicle before placing or accepting phone calls,
unless the cell phone or vehicle is equipped with a hands-free device.
(1) Employees who receive allowances will be responsible for obtaining their own hands-
free equipment.
(2) Employees who receive a traffic violation resulting from the use of an employee owned
or District issued cell phone, while driving a personal or District vehicle, shall be solely
responsible for all liabilities that result from such action and may be subject to
discipline.
iii) Cell phone records may become public records. The District reserves the right to request to
review the District-related contents of all records, data and communications transmitted,
received and stored by the cell phone and/or the communications carrier if the District has a
compelling legal need.
i) Use of Cell Phones by Non-Exempt Classifications During Off Duty Hours. Employees whose
positions are within a non-exempt classification may not use their cell phone for work purposes
(i.e. phone calls, checking and responding to email, etc.) unless expressly directed to do so by
their supervisor when off duty.
i) When non-exempt employees are expressly directed to use their cell phone for work
purposes by their supervisor, they shall document all time worked on their time card, the
following business day.
15) PROCUREMENT CARD PROGRAM.
a) Objectives. The Procurement Card Program objectives are as follows:
i) To provide for faster delivery service of low dollar items.
ii) To reduce paper and postage expense for mailed warrants by consolidating vendor
payments.
iii) To provide a tool to Staff to review procurement card statements for repetitive purchases
and consolidate into new price agreements and contracts with volume discount prices.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.3
Effective Date:
Subject: Benefits Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 71 of 149 Effective:
Policy 2.3 – Benefits
b) Policy. The Finance Manager is the administrator of the Procurement Card Program (CMSD
Operations Code 3.01.090) and responsible for the following:
i) Determine who needs a Procurement Card, to be issued in the cardholder’s name.
ii) Establish flexible Procurement Card limits.
iii) Establish Procurement Card Cardholder Procedures.
iv) Reviewing the cardholder’s charges on the Procurement Card and ensuring that the
purchases are appropriate and within budget constraints and proper documentation is
included.
c) Definitions. The Finance Manager is the administrator of the Procurement Card Program (CMSD
Operations Code 3.01.090) and responsible for the following:
i) “Procurement Card Bank” is the bank card contractor who will issue the Procurement Card
to the District.
ii) “Cardholder” is a District employee who is issued a District Procurement Card. Determine
who needs a Procurement Card, to be issued in the cardholder’s name.
d) Procedure. The Cardholder shall be responsible for the following:
i) Complying with Procurement Card Cardholder Procedures.
ii) Ensuring the bank card is used appropriately and that all purchases are within the approved
dollar limits and budgeted.
iii) Ensuring the security of the Procurement Card while in his/her possession. If the card is lost
or stolen, the Cardholder shall immediately notify the Procurement Card bank, the Finance
Manager and the General Manager.
iv) The bank card is not to be used for the cardholder’s personal purchases. Improper and
unauthorized use of the Procurement Card shall result in disciplinary action, and, where
theft is suspected, the Cardholder shall refer the matter to the pertinent law enforcement
agency for investigation and possible prosecution. The Finance Manager, with the approval
of the General Manager, has the option to terminate the Cardholder’s right to use the
Procurement Card at any time and for any reason. The Cardholder shall agree to return the
Procurement Card to the District immediately upon request or upon separation of
employment.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.4
Effective Date:
Subject: Training & Travel Supersedes: April 27, 2015
Approved by: Signature:
CMSD Employee Handbook Page 72 of 149 Effective:
Policy 2.4 – Travel & Training
1) GENERAL POLICY. It is the policy of the District to encourage and promote training and educational
opportunities for all District employees so that the services they render to the District may be made
more effective.
2) ORIENTATION OF NEW EMPLOYEES. Within a reasonable period of time following initial
employment, the District shall familiarize a new employee with the employee's obligations and
rights, and also inform the employee about the functions and operations of the District.
3) TIME OF TRAINING PERIODS. Authorized training periods may be conducted either during or after
normal working hours. Training sessions conducted during normal working hours shall be arranged
so as to minimize interference with scheduled work.
4) TYPES OF TRAINING. For the purpose of administration, the following categories of training are
recognized.
a) On-Site Training. Any formal employee training or development program that is paid for by the
District, conducted on-site, and during an employee's regular hours of work (may also occur
outside of regular work hours). Such programs are designed and conducted to meet job related
needs of District employees (e.g., District-wide safety training).
b) Off-Site Training. Any formal employee training or development program that is paid for by the
District, conducted off-site, and during an employee’s regular hours of work (may also occur
outside of regular work hours). Such programs are designed to increase employee development
and skills (e.g., conferences and seminars on topics like public speaking and time management).
Off-site training may be required by the District to improve present duties. Elective off-site
training may be requested and authorized to improve present duties or to prepare for future
assignments.
i) No off-site training may be authorized or paid for without prior supervisor approval.
Elective off-site training requires General Manager approval.
ii) The employee shall be reimbursed for any tuition/registration, travel, meals and lodging, if
applicable.
iii) An employee who does not satisfactorily complete off-site training is not eligible for
reimbursement of expenses and shall return any advance payment received. The employee
may also be subject to disciplinary action.
iv) If the training assignment is terminated prior to completion either of the following, the
employee or his/her estate will receive reimbursement for expenses.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.4
Effective Date:
Subject: Training & Travel Supersedes: April 27, 2015
Approved by: Signature:
CMSD Employee Handbook Page 73 of 149 Effective:
Policy 2.4 – Travel & Training
(1) At the convenience of the District
(2) Because of death, prolonged illness, disability or other eventuality beyond the control of
the employee as determined by the supervisor and approved by the General Manager
5) TRAVEL AND PER DIEM
a) Travel Reimbursement.
1) Scope. It is the intent of the District to reimburse District personnel for all reasonable
expenses incurred whenever they are required to travel on business for the District.
“Business for the District” shall include expenses incurred in connection with approved
official representation of the District from which the District will derive a specific benefit
such as: attendance at training, seminars, symposia, conferences, hearings, conventions or
other meetings.
b) Travel Authorization. When it is necessary for District staff to attend meetings or training away
from the District or to travel outside the District to conduct District business, various modes of
transportation, lodging accommodations and meal alternatives are available. The associated
costs vary considerably. In an effort to control costs and to compensate personnel for
reasonable expenses, the following policy shall be adhered to for all District travel:
i) All travel requests shall be submitted with the annual budget requests.
ii) District staff may not attend out-of-state conferences unless approved by the Board of
Directors.
iii) District staff may attend in-state conferences. The General Manager must approve all travel,
provided sufficient monies have been previously budgeted.
iv) The General Manager may authorize the attendance of additional District personnel if
deemed appropriate and travel funds are available.
v) Arrangements must be made sufficiently in advance to take advantage of available
discounts for registration, air fare and lodging.
c) Transportation. For travel outside the Southern California area, employees are expected to
travel by air. If traveling by private vehicle, departure and arrival times shall be based on air
travel time. Departure shall not be earlier than that which would allow the District personnel to
arrive within a reasonable amount of time to attend the first scheduled event of the conference,
seminar, etc.; in turn, the same reasonable time period shall apply to departure from the event
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.4
Effective Date:
Subject: Training & Travel Supersedes: April 27, 2015
Approved by: Signature:
CMSD Employee Handbook Page 74 of 149 Effective:
Policy 2.4 – Travel & Training
when returning and shall allow District personnel to return at the earliest reasonable time
possible. Reasonable amount of time shall be determined in one-half day increments, subject to
General Manager or designee’s approval, i.e.:
i) If the conference begins at 9:00 a.m., Tuesday in San Francisco, the employee may leave
Costa Mesa Monday evening after the work day.
ii) If the conference begins at Noon Tuesday in San Francisco, the District personnel may
depart from Costa Mesa (or home) early Tuesday morning.
iii) If the first scheduled event begins at 5:00 p.m. on Tuesday in San Francisco, District
personnel may depart from Costa Mesa late Tuesday morning or early Tuesday afternoon.
d) Departures and subsequent arrival practices will be contingent upon flight schedules and fare
discounts.
e) If District personnel wish to deviate from the reasonable arrival or departure time period for
personal reasons or if alternative transportation is involved, any excess time (that which is
above the time required to fly) shall be charged as vacation leave time and will require General
Manager approval in advance. This practice shall apply to District personnel driving personal
vehicles. Permission to drive shall not be construed to mean “on District time”. Any additional
expenses, including meal and lodging costs, resulting from excess travel time will be at the
individual’s own expense.
f) Use of a private car (if authorized in advance) will be reimbursed at approved rates in effect at
the time of travel. A copy of the employee’s proof of automobile insurance must remain on file
with the District. In cases where more than one person is attending the same event, they will be
strongly encouraged to travel together and mileage reimbursement would be for one vehicle
only. In instances where this is not possible, advance approval by the District will be necessary.
Mileage reimbursement will be based on actual miles driven, from the District office. The
maximum paid for transportation to areas outside Southern California shall not exceed the
equivalent cost of “coach fare” airline transportation plus the cost of other necessary ground
transportation at the destination.
g) Payment for travel reservations should be made far enough in advance (generally 14 to 21 days)
to take advantage of discounts. Staff is required to make their own travel arrangements, but are
encouraged to use the local travel agencies or the internet (depending upon which is least
expensive) to make travel arrangements.
h) Car Rentals. When traveling, the use of rental cars is discouraged. Airport shuttle service, buses,
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.4
Effective Date:
Subject: Training & Travel Supersedes: April 27, 2015
Approved by: Signature:
CMSD Employee Handbook Page 75 of 149 Effective:
Policy 2.4 – Travel & Training
or taxis should be utilized between airports and hotels or meeting locations if within 30 miles.
Staff should check availability and cost, and make their own car rental arrangements. When
renting a car, insurance and other extras should not be requested. Before returning the car, the
District personnel are to make sure the car is returned with the same amount of gas as when
rented, usually a full tank. The District personnel may then claim reimbursement for the gas
with the proper receipt.
i) Lodging. Receipts for lodging must be submitted to obtain reimbursement. Lodging
reimbursement may be requested when traveling outside of Orange County or when attendance
at events is for two or more consecutive days. Lodging reimbursement for the night prior to the
beginning of an event may be allowed only if time and/or travel schedules prohibit travel at
reasonable hours on the first day of a conference. Generally, reimbursement would be allowed
if the event begins before 9:00 a.m. (and is outside of Orange County) or is out of the state.
Note: No lodging decisions should be made based on where an employee’s residence is located
(i.e. an employee who commutes 50 miles to work each day should be held to the same
standard for lodging purposes that would be applied to an individual who commutes five miles
to work). No lodging reimbursement will be allowed for the night following the event, except
under circumstances beyond the control of the District personnel (i.e. flight canceled). \
j) Lodging reimbursement will not be approved for travel within Orange County regardless of the
length of the event. Note: This applies to all events attended by any District Official or District
Staff, since it is inappropriate to use District funds for unnecessary and frivolous purposes. An
exception will be made if on site lodging is a requirement of the event and it is approved in
advance by the Board of Directors, or if the event is structured to go later into the evening than
a normal conference (typically past 8:00 p.m.).
k) Lodging shall be obtained at the most economical rate available for good quality. Lavish or
oversized accommodations are not justified. Conference headquarters hotels are encouraged,
when not unnecessarily expensive. Reservations made through the convention and/or housing
bureaus (usually offered through conference literature) are encouraged. If the convention or
housing bureaus are not used, and if more than one place of lodging is available, the prevailing
rate for a single occupancy room will be allowed. In the absence of group or special rates,
District personnel should request a “government rate” discount.
l) Advance payment may be made by check requisition or the District’s credit card. Check
requisition forms may request the check being mailed to the lodging provider. For all travel
advances paid either directly to the individual or a third-party, a supporting schedule detailing
the type of expenditures being advanced must be attached to the check requisition. This will
allow the Accounting Department to determine if the expenditures requested for advance are
eligible for reimbursement prior to those costs being incurred. Receipts are to be kept and
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.4
Effective Date:
Subject: Training & Travel Supersedes: April 27, 2015
Approved by: Signature:
CMSD Employee Handbook Page 76 of 149 Effective:
Policy 2.4 – Travel & Training
attached to the employee’s travel form and submitted to Accounting immediately after the
conclusion of the event.
m) Meals. The meal allowance is $65.00 per day including taxes and tips. All meal reimbursements
will be completed after an itemized receipt is submitted to Accounting. In instances where
District personnel will be purchasing less than a full day of meals (i.e., less than three meals per
day), the per diem, including tax and no more than 20 percent tip , will be on a per meal basis as
follows:
i) breakfast $13.00
ii) lunch $17.00
iii) dinner $35.00
n) Reimbursement for an evening meal on the night prior to the beginning of an event may be
allowed if the event begins at 9:00 a.m. or earlier the following day and the amount of time
required to travel to the location does not provide for dinner at a regular hour. Per Diem may
not be claimed for meals which are already included in the conference registration fee. Any
claiming of per diem for meals that have been provided or paid for by other parties shall be
considered inappropriate and subject to disciplinary action.
o) The per diem meal breakdown summarized above will be adhered to in all instances, examples
are as follows:
i) If breakfast and lunch are included with a conference an individual may claim a maximum of
$35.00 for dinner – not the $65.00 daily allowance.
ii) An employee will not be reimbursed per diem amounts if alternate meals are purchased
when meals have been included with the conference (i.e. an employee decides to skip the
lunch banquet and eat at a nearby restaurant - an individual may elect to eat elsewhere, but
at the employee’s expense).
iii) All receipts must be kept and submitted when seeking reimbursement for meals purchased
for individuals other than the claimant and shall indicate the date, participating parties and
purpose of the meeting.
iv) The employee, who picks up the check for a group of employees, will not be reimbursed for
more than a single per diem.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.4
Effective Date:
Subject: Training & Travel Supersedes: April 27, 2015
Approved by: Signature:
CMSD Employee Handbook Page 77 of 149 Effective:
Policy 2.4 – Travel & Training
p) The following are examples of how per diem may be claimed:
i) Per diem for breakfast may be claimed if District personnel are in travel status prior to 7:00
a.m. and breakfast is not provided;
ii) Per Diem for lunch may be claimed if District personnel are attending an out-of-town
conference through the lunch hour, and lunch is not provided.
iii) Commuter courses (i.e. travel within Orange County) meals will be reimbursed to a
maximum of $8.00 for each employee.
iv) Per Diem for dinner may be claimed if District personnel are required to stay overnight, and
dinner is not provided.
q) Unauthorized Expenses. Items of a personal nature are not reimbursable including: alcoholic
beverages, movies, entertainment, premium television services, snacks, dry-cleaning, spas,
gyms, barber, magazines, shoeshine, travel insurance, supplemental insurance on rental cars,
toiletries, loss of tickets, fines or traffic violations, excess baggage, lecture tapes or books, the
incremental cost for spouse or guest accommodations or other items of a personal nature.
Business calls to the District work sites will be reimbursed in full. Telephone, FAX and e-mail
charges will be allowed for official calls, including Internet access.
i) If unauthorized expenses have been paid by the District (i.e., via District credit card or petty
cash), the individual will be responsible for immediate reimbursement to the District by
personal check (or a payroll deduction if necessary).
r) Out of Pocket Expenses. All conference and meeting attendance must be authorized by the
General Manager. Requests should be made far enough in advance to take advantage of all
available discounts and to take into consideration normal processing requirements. A Check
Requisition form made out to the sponsor with the proper supporting registration forms should
be forwarded to Accounting for payment and mailing. Registration must be included on a
regular warrant register and will not be processed on a “pre-issued manual” basis. If registration
is paid upon arrival at said conference by the District personnel, an original receipt must be
submitted for reimbursement and in some instances a copy of the employee’s cancelled check
may be requested to support the amount claimed.
s) Reimbursement and Advance Payment Procedures. The Monthly Mileage & Expenses Report
form is used to request reimbursement for one day commuter activities such as: seminars,
professional association lunch meetings, mileage, etc. Mileage amounts are reimbursed on an
actual miles traveled basis, while other expenditures (i.e. the cost of a lunch meeting) are
reimbursed on an actual out-of-pocket basis. Monthly Mileage & Expense Report must be
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.4
Effective Date:
Subject: Training & Travel Supersedes: April 27, 2015
Approved by: Signature:
CMSD Employee Handbook Page 78 of 149 Effective:
Policy 2.4 – Travel & Training
submitted within 10 days after the end of the month, with all original receipts attached.
i) It is the policy of the District that the standard forms provided by the District be used to
document travel and business expenses and in support of request for reimbursement. All
expenses must be listed on a single form. Original receipts (not photo copies) are required
and must be submitted with all expense reports. It is the responsibility of the individual
incurring the expense to see that documentation for business and travel expenses is
complete and submitted in a timely and accurate manner.
2) Persons with delinquent expense reports (a report not filed within 10 days of the trip return
date) will not be allowed to obtain a future travel advance until their delinquent expense
reports are filed.
t) Exceptions. It is the District’s desire to generally adhere to these policies. Nevertheless, there
may be occasions when District personnel are unable to comply with them. It is the
responsibility of the individual to prepare a written, signed statement as to why an exception/s
should be approved. The District is under no obligation to provide reimbursement without
original receipts. The General Manager or designee may approve of exceptions to these policies.
There may also be instances where the General Manager determines it to be in the best interest
of the District, primarily due to budgetary constraints to limit the amount of meal per diem or
require the sharing of lodging accommodations at conferences. In these situations the individual
cannot be required to attend.
u) Expense Reimbursement. Employees will be reimbursed for their out-of-pocket expenses
incurred while conducting official District business. District employees who use their private
vehicle while conducting District business will be reimbursed at the rate described in CMSD
Operations Code section 3.01.030. All other expenses not related to conferences, meetings
and/or use of a private vehicle will be reimbursed by means of the petty cash fund. Original
receipts are required for all expenses including meals.
i) An employee must sign his/her expense claim and obtain General Manager approval to be
reimbursed for expenses. All claims for expenses must be submitted within 10 days after the
end of the calendar month in which expenses were incurred. Expenses totaling $100.00 or
less shall be reimbursed from the District petty cash fund. Expenditures totaling more than
$100.00 shall be reimbursed by means of a District warrant.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.5
Effective Date:
Subject: Electronic Resources Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 79 of 149 Effective:
Policy 2.5 – Electronic Resources
1. Purpose. The District makes every effort to provide its employees with technology-based resources
in order to conduct official business more effectively. In this regard, the District has installed
personal computers, local area networks (LANs), electronic mail (e-mail), cell phones and access to
the Internet. The purpose of the District’s Electronic Resources Policy and Procedures is to establish
uniform guidelines for computer and cell phone usage including the use of Internet and e-mail
applications.
2. Policy. District computers, fax machines, and internet licenses are provided for District business and
are not to be used for personal gain, private purposes (except as described in subsection 6), or to
support or advocate non-District –related business or purposes. All data and electronic messages,
including information accessed via the Internet and sent or received through electronic mail (e-mail)
systems, are the properties of the District. All records whether paper or electronic, may be subject
to the disclosure requirements of the California Public Records Act and are not considered private.
Notwithstanding the foregoing, e-mail should only be used for the transmission of information and
should not be used for preserving information for future reference. Information to be retained may
be stored electronically on the system/network and/or may be converted to a hard copy and
archived in a District physical file cabinet.
a. There is no expectation of personal privacy in any use of District computer systems and
software, including e-mail and Internet usage. The District may, at any time, review the
contents of all records, data and communication transmitted, received and stored by its
electronic systems. Any indication of a violation of this policy is subject to management
review. This review may include accessing and disclosing all electronic documents,
information and messages including e-mail and Internet records.
b. The District purchases, owns and administers the necessary software and licenses and cell
phones to provide access to e-mail and Internet services and real time communications in
the office, in the field and for emergency communications. Users may not rent, copy or loan
District software or its documentation, nor provide alternative software to access the
system. Users may be subject to discipline for any damages caused by negligence, and
unauthorized software or viruses they introduce in the system.
c. The District is not responsible for items originating from the Internet and reserves the right
to restrict employee access to the Internet or to certain Internet content.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.5
Effective Date:
Subject: Electronic Resources Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 80 of 149 Effective:
Policy 2.5 – Electronic Resources
d. Examples of Prohibited Uses:
i. Using the Internet to view, obtain or disseminate any sexually oriented material,
images or messages.
ii. Using the Internet and/or e-mail systems to send or distribute disruptive, offensive,
abusive, threatening, slanderous, racial or sexually harassing materials.
iii. Using District computer systems for private purposes, personal gain, solicitation of
commercial ventures, religious or political causes, chain letters, or other non-job-
related purposes (except as described in this policy).
iv. Downloading or installation of software that has not been approved by the District
and scanned for viruses.
v. Sending unencrypted confidential documents via the Internet.
vi. Any other use that may compromise the integrity of the District and its business in
any way.
e. E-mail should not be used for sensitive attorney-client communications.
f. A good rule of thumb when using the computer and e-mail is “never put anything in an e-
mail that you would not want to see on the front page of the newspaper.”
g. To promote employee computer and Internet proficiency and as an employee benefit,
certain employee personal use is allowed. This use is only permitted during employee
personal time. Examples include educational enhancement and personal communications,
which conform to the above prohibited uses. Personal use is secondary, and should not (i)
interfere with the agency’s operation of Electronic Communications Resources, (ii) interfere
with the user’s employment or other obligations to the District, or (iii) burden the District
with noticeable incremental costs.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.5
Effective Date:
Subject: Electronic Resources Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 81 of 149 Effective:
Policy 2.5 – Electronic Resources
h. The acquisition of personal computer hardware and software shall follow the normal
budgetary and purchasing procedures, ensuring budget authorization is in place. Requests
for acquiring hardware and software shall be recommended to the General Manager or
designee for evaluation and recommendation.
3. Equipment Authorization & Maintenance. The authorized Management Information Systems (MIS)
person (in-house or agreement/contract) shall assist in evaluating District functional needs and
recommend options if appropriate.
a. MIS shall maintain an on-site office automation library of proven and reliable software and
hardware requiring minimum technical support that maintains a user-friendly concept, is
easy to use and enhances District productivity.
b. MIS shall maintain an on-site inventory control of all workstation hardware and software.
c. MIS shall provide on-site training and consulting advice on approved software and make
recommendations as appropriate.
d. MIS shall maintain the District automation system including all personal computer
workstations and client server network for the purpose of retrieving data files, sharing
licensed applications and nightly data backup.
e. MIS shall periodically review the District automation system for adherence to operating
standards and implement approved upgrades.
f. MIS shall backup District databases daily, weekly, monthly, quarterly and annually for
archival and retrieval purposes.
g. Security. The General Manager, or designee, and MIS (in-house or agreement/contract)
must approve dial-in access from home systems and businesses to District systems in
advance for valid business needs. All computer systems users are responsible for data
residing on their systems.
4. Procedures.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.5
Effective Date:
Subject: Electronic Resources Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 82 of 149 Effective:
Policy 2.5 – Electronic Resources
a. Passwords. Users dealing in confidential matters will define their own confidential
password. Users should be aware that this does not imply that the system may be used for
personal communication or that e-mail is the property of the user.
i. To ensure the security of the e-mail system, the system will prompt the user to
routinely change their password. Should the user forget their password, and
attempt to input a password they are not sure of, the system may lock them out
after three failed attempts.
b. Internet and E-mail Access. Access to the Internet and e-mail is restricted to those
employees who have been provided the necessary software and hardware and who have
been authorized by the District to access e-mail and the Internet. The District may deny or
restrict Internet and/or e-mail access to any employee at any time.
i. When using e-mail and the Internet, employees are cautioned to remember they
represent the District. Employees may not speak for the District unless they are
authorized to do so.
ii. E-mail and Internet messages can be forwarded without the express permission of
the original author. Users must use caution in the transmission and dissemination of
messages outside the District and must comply with all State and Federal laws, rules
and regulations and District policy.
iii. Electronic Document, Software and Mail Storage. Electronic mail is backed-up on a
regular basis. It is synchronized with the server on every start-up and shut-down.
The District back-up procedures allow the District to restore current software,
documents and electronic mail in the event of a system failure.
iv. Electronic mail is not intended to be a permanent storage medium. Electronic in-
boxes and out-boxes should be archived or purged on a regular basis. The District
may, in its discretion, purge long-term mail on an automatic basis.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.5
Effective Date:
Subject: Electronic Resources Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 83 of 149 Effective:
Policy 2.5 – Electronic Resources
v. To save critical electronic mail as a permanent record, employees should print out a
hard copy for permanent filing or save the file on the “C” drive of the desktop or
laptop computer assigned to them.
c. Information Block. E-mail sent outside the District should include an information block at
the end of all transmitted messages. The block should include the sender’s name, title,
company name, direct telephone number, FAX number and e-mail address.
5. Social Media Use.
a. Purpose. The policy outlines the protocol and procedures for use of social media to
publicize official District services and events. In addition, this policy addresses the
responsibilities of individual employees and District officials with regard to social media and
the use of District resources (time/equipment), as well as responsibilities related to the
public records and open meeting laws.
b. Definitions.
i. Social Media various forms of discussions and information- sharing, including
social networks, blogs, video sharing, podcasts, wikis, message boards, and
online forums. Technologies include: picture-sharing, wall- postings, fan pages, e-
mail, instant messaging and music-sharing. Examples of social media applications
include, but are not limited to, Google, and Yahoo Groups, (reference, social
networking), Wikipedia (reference), Myspace (social networking), Facebook (social
networking), YouTube ( social networking and video sharing), Flickr, (photo sharing),
Twitter (social networking and microblogging), LinkedIn (business networking), and
news media comment sharing/blogging.
ii. Social Networking the practice of expanding business and/or social contacts by
making connections through web-based applications. This policy focuses on social
networking as it relates to the Internet to promote such connections for official
District business and for employees, elected and appointed officials who are using
this medium in the conduct of official District business.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.5
Effective Date:
Subject: Electronic Resources Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 84 of 149 Effective:
Policy 2.5 – Electronic Resources
c. Policy. All official District social media sites will be administered by the General Manager or
his designee. These social media sites shall be used for the limited purpose of informing the
public about District business, services and events. Individual departments may not have
their own pages/sites. Individual departments wishing to add content to official District
social media sites may submit a request to the General Manager. The Districts web site,
www.cmsdca.gov will remain the official location for content regarding District business,
services and events. Whenever possible, links within social media formats should direct
users back to the District web site for more information, forms, documents or online
services necessary to conduct business with the Costa Mesa Sanitary District.
i. District employees and appointed and elected officials shall not disclose information
about confidential District business on either the District’s social media sites or
personal social media sites. In addition, all use of social media sites by elected and
appointed officials shall be in compliance with California’s open meeting laws.
Employees and elected or appointed officials’ posts are a reflection of their own
views and not necessarily those of the District.
ii. The District’s social media sites shall be used exclusively for District’s messages and
speech. Public comments and public posting functions shall be turned off. The
public is not permitted to post comments on District’s social media sites. In
operating social media sites, the District does not intend to open any type of
designated or limited public forum. Rather, the District intends its social media sites
to be non-public forums for the dissemination of District’s speech to the public.
District’s social media sites shall be reserved exclusively for content regarding
District’s business. There shall be no campaigning or political speech.
d. Posting/ Commenting Guidelines. All postings made by the District to social media sites will
contain information and content that has already been published or broadcast in an official
manner or is otherwise not deemed confidential. The District will not comment on other
social media member’s sites. All official social media postings by the District will be done
solely on the District’s social media sites.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.5
Effective Date:
Subject: Electronic Resources Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 85 of 149 Effective:
Policy 2.5 – Electronic Resources
i. The District reserves the right to remove content that is deemed in violation of this
policy or any applicable law. The District will only post photos for which it has
copyright or owner’s permission to use.
ii. Chat functions in any social media sites will not be used.
iii. Links to all social media networks to which the District belongs will be listed on the
District’s official website. Interested parties wishing to interact with these sites will
be directed to visit the District’s web site for more information on how to
participate.
iv. The District reserves the right to temporarily or permanently suspend access to
official District social media at any time.
v. Procedures. The District will refer users to the District’s official web site for
information, forms, documents, or online services necessary to conduct business
with the Costa Mesa Sanitary District.
vi. The District may invite others to participate in its social media sites. Such invitations
will be based upon the best interests of the District as determined by the
General Manager or designee.
e. Responsibilities. It is the responsibility of employees, and appointed and elected officials to
understand the procedures as outlined in this policy.
i. Employees who are not designated by the General Manager to access social media
sites for official business are prohibited from accessing social media sites utilizing
the District computing equipment and/ or the District’s web access. While at work,
employees who are not granted access via District systems and computing
equipment may use personal computing devices and personal web accounts to
access social media sites only during non-working hours such as lunch periods and
breaks.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.5
Effective Date:
Subject: Electronic Resources Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 86 of 149 Effective:
Policy 2.5 – Electronic Resources
ii. The General Manager will designate a District staff person to chair the Website
Committee that will review website and social media formats, contents, and
standards. The committee will consist of management and non- management staff
and will meet every quarter (once every three months).
i.iii. The General Manager will determine if a request is appropriate and adheres to the
guidelines of this policy.
ii.iv. All content posted on official District social media sites must comply with District
web standards. Employee or District confidentiality shall be maintained in
accordance with all applicable laws and District policies. If a question arises
regarding the use or posting of confidential information on a social media site, the
matter shall be referred to the General Manager for review. The information in
question shall not be posted, or if already posted, shall be removed until an opinion
is rendered by General Manager.
iii.v. All social media based services to be developed, designed, managed by or
purchased from any third party source for use requires appropriate budget
authority and approval from the Board of Directors.
f. District Web Page.
i. Policy. It is District policy to control the content and accuracy of the information
provided on the public District web page. All information will be directed to the
District web manager. All information posted on the District website must be
consistent with the District’s mission and public interest.
ii. Procedure. Any District Board Director, official or employee may request postings
to the District Web page through the General Manager or designee. Postings must
be non-political in nature. The General Manager who shall approve, modify, or deny
the request. Postings shall be submitted in Word format as an e-mail attachment
unless only a hard copy is available. In either case it is the submitter’s responsibility
to check the item for accuracy both prior to submission and after posting to the
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.5
Effective Date:
Subject: Electronic Resources Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 87 of 149 Effective:
Policy 2.5 – Electronic Resources
Web page to insure no inadvertent errors appear on the final document. The
submitter is to inspect the posted submission within 24 hours of posting.
1. The General Manager or designee shall submit the approved request to the
Management Information Services (MIS) contractor for inclusion on the web
page and, when necessary, suggest alternative solutions in support of the
needs.
2. The General Manager or designee shall also manage removal of postings
based on the information provided pertinent to duration or expiration date.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.6
Effective Date:
Subject: Performance Evaluation Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 88 of 149 Effective:
Policy 2.6 – Performance Evaluation
1) See APPENDIX for Performance Evaluation Forms.
2) PURPOSE. Full-time and part-time employees shall receive annual performance evaluations. The
purpose of evaluating performance is to provide formal feedback to the employees through written
and oral communications and discussions.
a) Methods for improving employee performance are through interim verbal and written
communications, including performance improvement plans and performance evaluations.
b) Performance evaluation is an ongoing communicative relationship between supervisors and
employees that is intended to ensure job expectations and performance levels are discussed
and understood.
c) The performance evaluation is the tool that is used to document performance that occurred
during a given review period. The performance evaluation is based on classification
responsibilities and measures how well the employee performed during the given review
period.
3) PROCEDURES.
a) Employee performance is evaluated in two areas: competencies and goal completion, using the
following ratings:
Superior 5
Above Average 4
Satisfactory 3
Below Average 2
Unsatisfactory 1
i) Competencies for All Employees include:
Policy/Rule Compliance
Upholds and adheres to District
policies and procedures (e.g.,
dress standards, Employee
Handbook, Operations Code,
Administrative Regulations, Safety
Program, Core Values)
Adaptability
Demonstrates composure and flexibility
when changes occur in the workplace and
while managing competing priorities.
Safety
Demonstrates and promotes
Efficiency / Effectiveness
Provides high-quality results within the least
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.6
Effective Date:
Subject: Performance Evaluation Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 89 of 149 Effective:
Policy 2.6 – Performance Evaluation
conduct that is supportive of a
safe working environment.
amount of time possible and with the least
resources.
Attendance/Dependability
Demonstrates punctuality and
follows through on assignments
and commitments.
Innovation /Initiative
Acts independently and identifies
improvements that support District goals.
Job Knowledge
Exhibits technical abilities through
performance and interactions with
others.
Career Development
Manages work to include learning
opportunities that enhance skill set of
current job.
Customer Service
Provides support to others in a
positive and productive manner
that fosters relationships.
Cooperation and Attitude
Provides support and assistance to others in
a positive and professional manner to
promote a productive work environment.
ii) Competencies for Supervisors. Supervisors will be rated on the following additional
competencies:
Leadership
Upholds and exhibits Core Values in a confident and professional manner. Exercises sound
judgment, innovation, tact and expertise. Demonstrates ability to lead teams effectively and
positively; maintains beneficial relationships; and develops staff.
Productivity
Ability to coordinate team efforts that achieve ongoing, high quality and timely business
results.
Performance Management
Provides coaching, training and feedback to employees in a collaborative manner and on an
ongoing basis to promote career development and accomplish strategic objectives.
Supervisor Skills
Ability to monitor, observe and direct the work of others in a manner that is supportive of
Core Values to achieve organizational objectives.
Public Service
Demonstrates management practices that are efficient, cost-effective, transparent, and align
with the District’s mission.
(1) Specific examples are required in each category that is rated above or below
satisfactory.
(2) None of the information included in the evaluation should be a surprise to the
employee; it is a recap of performance-related events that occurred throughout the
review period.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.6
Effective Date:
Subject: Performance Evaluation Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 90 of 149 Effective:
Policy 2.6 – Performance Evaluation
iii) Goals. Employees are also evaluated on goal performance. Each employee must be
assigned three goals at the beginning of the evaluation period and will be rated on each at
the end of the review period using the same rating scale that is used for evaluating
competencies.
b) Supervisors may give special evaluations, also known as performance improvement plans, to
employees at any time, based on the needs of the District and the employees, which identify
corrective actions. The need for such evaluations shall be discussed first with the General
Manager or designee.
c) After rating an employee on the evaluation form and obtaining General Manager feedback,
the supervisor will meet with the employee to review and discuss the evaluation and future
expectations.
d) The employee may provide written comments on the evaluation, if desired. A final copy of the
evaluation shall be given to the employee and the original shall be maintained in the employee’s
personnel file.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.7
Effective Date:
Subject: Personnel Files, Reports & Records Supersedes: N/A
Approved by: Signature:
CMSD Employee Handbook Page 91 of 149 Effective:
Policy 2.7 – Personnel Files, Reports & Records
1) OFFICIAL RECORDS. The District shall keep all official personnel records necessary for transactions,
reference and for making reports showing administrative actions. Such records include, but are not
limited to the following: records of employment history of each employee, classification plan,
performance evaluation records, compensation plan, files, books and correspondence.
2) CHANGE OF STATUS REPORT. Every appointment, transfer, promotion, change of salary rate and
other temporary or permanent changes in status of employees must be documented on forms
prescribed by the District. The General Manager must approve all personnel transactions.
3) PERSONNEL FILE.
a) Content of Personnel Files. The District will maintain a file on each employee which will contain
all records and documents pertinent to his/her employment status and history.
b) Access to Personnel Files. The confidential information in personnel files will not be revealed to
outside sources except as required by law, or with the written consent of the employee. The
District may reveal the following information regarding an employee or ex-employee, in
response to outside inquiries:
i) Employee's name.
ii) Classification title and department.
iii) Status.
iv) Compensation.
v) Hire date and/or termination date.
vi) This information is a matter of public record and is available to the public. The employee,
his/her immediate supervisor and/or General Manager may inspect the employee’s
personnel file at any time during the normal working hours of the Personnel Office. Upon
request, the employee shall receive a copy of any materials in the personnel file. An
employee shall be furnished a copy of any statement written for inclusion in the employee's
personnel file concerning the employee's conduct or performance. An employee may
prepare material for insertion in his/her personnel file in response or rebuttal to any
derogatory material in that file.
vii) An employee's representative, with the written consent of the employee, may also review
that employee's file during normal working hours in the Personnel Office.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.7
Effective Date:
Subject: Personnel Files, Reports & Records Supersedes: N/A
Approved by: Signature:
CMSD Employee Handbook Page 92 of 149 Effective:
Policy 2.7 – Personnel Files, Reports & Records
4) NOTIFYING DISTRICT OF CHANGES IN PERSONAL INFORMATION. Each employee is responsible for
promptly notifying the District of any changes in relevant personal information, including:
a) Mailing address
b) Telephone number
c) Persons to contact in emergency
d) Number and names of dependents
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.8
Effective Date:
Subject: Reasonable Accommodation Supersedes: N/A
Approved by: Signature:
CMSD Employee Handbook Page 93 of 149 Effective:
Policy 2.8 – Reasonable Accommodation
1) POLICY. The District provides employment-related reasonable accommodations to qualified
individuals with disabilities within the meaning of the California Fair Employment and Housing Act
and the Americans with Disabilities Act.
2) PROCEDURE.
a) Request for Accommodation. An employee who desires a reasonable accommodation in order
to perform essential job functions should make such a request in writing to the General
Manager or designee. The request must identify: a) the job-related functions at issue; and b) the
desired accommodation(s).
b) Reasonable Documentation of Disability. Following receipt of the request, the General
Manager, or designee, may require additional information, such as reasonable documentation
of the existence of a disability.
c) Fitness for Duty Examination. The District may require an employee to undergo a fitness for
duty examination at the District’s expense to determine whether the employee can perform the
essential functions of the job with or without reasonable accommodation. The District may also
require that a District-approved physician conduct the examination.
d) Interactive Process Discussion. After receipt of reasonable documentation of disability and/or a
fitness for duty report, the District will arrange for a discussion, in person or via telephone
conference call, with the applicant or employee, and his or her representative(s), if any. The
purpose of the discussion is to work in good faith to fully consider all feasible potential
reasonable accommodations.
e) Case-by-Case Determination. The District determines, in its sole discretion, whether reasonable
accommodation(s) can be made, and the type of accommodation(s) to provide. The District will
not provide accommodation(s) that would pose an undue hardship upon District finances or
operations, or that would endanger the health or safety of the employee or others. The District
will inform the employee of its decision as to reasonable accommodation(s) in writing.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.9
Effective Date:
Subject: Standby Assignments Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 94 of 149 Effective:
Policy 2.9 – Standby Assignments
2) PURPOSE. The purpose of this policy is to establish administrative and procedural guidelines and
ensure compliance with the Fair Labor Standards Act (FLSA) regulations regarding the compensation
of classified (non-exempt) employees who are required to perform duties during non-scheduled,
non-regular hours. This policy applies to all classified employees who are required to be on standby
and are called out to work in order to respond to emergencies during non-regular work hours.
3) POLICY. The District will compensate employees who are required by the District to be on standby
or respond to a call for service, which is received after normal working hours within a required
response time.
4) DEFINITIONS.
a) FLSA Requirements – According to the FLSA, employees who “…are not required to remain on
their employer’s premises, but are merely required to leave word at their home or with
company officials where they may be reached, are not working …” However, if employees are
restricted and are effectively “engaged to wait” then compensation is required. Based on FLSA
regulations, “…the requirement that an employee not report to work while under the influence
of alcohol is a common requirement that does not trigger FLSA overtime.”
b) Standby Duty – Classified employees who are responsible for responding to emergency locations
that occur after regular normal working hours from Monday to Monday shall be considered on
standby duty if memorialized in a writing or e-mail signed by the General Manager.
5) PROCEDURE.
a) Scheduling.
a) Special assignment (as determined by the employee supervisor or the General Manager)
may be given to classified employees in order to make them available for work during non-
regularly scheduled hours.
b) Standby personnel may trade scheduled standby time with other employees only with prior
approval of their supervisor or the General Manager.
b) Responsibilities.
a) Standby personnel shall wear a cellular phone for District communication purposes during
the entire standby period.
b) While on standby duty, personnel shall immediately answer his/her cellular phone and
respond if necessary.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.9
Effective Date:
Subject: Standby Assignments Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 95 of 149 Effective:
Policy 2.9 – Standby Assignments
c) If standby personnel are required to respond to an incident the employee shall notify
his/her supervisor of their arrival at the location.
d) Standby personnel must not be under the influence of alcohol and/or be on prescription
and/or over the counter medication that would impair his/her ability to perform call out
duties. If the employee is taking prescription medication(s), he/she will provide a doctor’s
note to his/her supervisor that releases the employee to work while taking the prescription
medication.
e) Standby personnel must be located (while driving in District or private vehicle) within one-
hour travel time distance of District boundaries while on standby duty. Such one-hour
response time shall take into account the day of the week and time of day for gauging a
one-hour response time.
c) Failure to Respond.
a) If contact cannot be made with an employee who is on standby status or if that employee
fails to perform the work required, that employee is ineligible for standby pay.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.10
Effective Date:
Subject: Grievance Procedure Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 96 of 149 Effective:
Policy 2.10 – Grievance Procedure
1) PURPOSE. The purpose of the Grievance Procedure is to:
a) Afford employees a systematic means of obtaining consideration of concerns or problems.
b) Provide that grievances are settled as near as possible to the point of origin.
c) Provide that appeals are conducted as informally as possible.
2) MATTERS SUBJECT TO GRIEVANCE. Any alleged violation of the rules, policies and procedures set
forth in this Employee Handbook, any alleged improper treatment of an employee, and any decision
affecting an employee's employment may be considered to be a matter subject to review through
the grievance procedure.
3) MATTERS NOT SUBJECT TO GRIEVANCE. Employees may initiate a grievance and at the first or
subsequent steps in the grievance procedure a decision may be made that the matter involved is not
subject to grievance. Such matters may include, but are not limited to, merit increases,
compensation, work methods, equipment, hours of work, services provided, staffing levels,
allocation to classifications, and changes in the content of employee performance evaluations,
verbal or written reprimands or counseling memos.
4) GRIEVANCE PROCEDURE.
a) Step One. An attempt must be made to resolve all grievances on an informal basis between the
employee and the immediate supervisor. It is the responsibility of the employee to initiate this
process within seven calendar days of the date when the aggrieved action or incident became
known to the employee.
b) Step Two. If the grievance is not satisfactorily resolved on an informal basis, the employee shall
submit the grievance in writing to the employee's immediate supervisor within 15 calendar days
after the informal decision of the immediate supervisor. The supervisor must deliver his/her
answer in writing to the employee within 15 calendar days after receiving the appeal.
c) Step Three. If the grievance is not satisfactorily resolved at the second step, the employee shall
present his/her appeal to his/her supervisor's immediate supervisor within 15 calendar days
after receipt of the written decision of his/her supervisor. The supervisor receiving the appeal
shall render a decision, in writing, and return it to the employee within 15 calendar days after
receiving the appeal.
d) Step Four. If the grievance is not satisfactorily resolved at the third step, the employee shall
submit the grievance in writing to the General Manager within 15 calendar days after the
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.10
Effective Date:
Subject: Grievance Procedure Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 97 of 149 Effective:
Policy 2.10 – Grievance Procedure
decision of the employee’s immediate supervisor is received. The General Manager shall render
a decision in writing to the employee within 20 calendar days after receiving the appeal.
5) CONDUCT OF GRIEVANCE PROCEDURE.
a) Time limits specified above may be extended to a definite date by mutual agreement of the
employee and the reviewer concerned.
b) Employee must be assured freedom from reprisal for using the grievance procedure.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 2.11
Effective Date:
Subject: Leave Donation Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 98 of 149 Effective:
Policy 2.11 – Leave Donation
1) PURPOSE. To provide employees the opportunity to voluntarily donate accrued sick leave to
other District employees who have exhausted their leave due to an unforeseen occurrence.
2) POLICY. The District recognizes that employees may have a family emergency or a personal
crisis that causes a severe impact to them resulting in a need for additional time off in excess of
their available accrued leave time. To address this need the District offers full-time employees
who have exhausted all of their eligible paid time off balances (vacation, sick, compensatory ,
float, and executive leave) the option of receiving donated leave time from another employee.
3) ELIGIBILITY. Employees who donate leave time must be employed with the District for a
minimum of 1 year.
4) GUIDELINES. No District employee is permitted to coerce or otherwise pressure fellow
employees to donate sick leave. The District will investigate allegations of coercion and may
return hours to donors.
5) PROCEDURE.
a. The maximum amount of sick leave an employee can donate per year is 18 hours per
fiscal year.
b. Employees who donate time must have a minimum of 96 hours of accrued sick leave
balance remaining in their sick leave bank after donation.
c. Employees who are currently on an approved leave of absence cannot donate leave
time.
d. Employees who wish to donate leave time to a co-worker in need must complete a
“Donation of Leave Authorization Form.”
e. All forms are to be submitted to the Personnel Manager or Finance Manager.
f. Donated leave time will be applied at the next available pay period as determined by
the Finance Manager.
6) APPROVAL. Requests for donations of leave time must be approved by the General Manager. If
the recipient employee has available leave time in their balance, this time will be used prior to
any donated leave time.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 3.1
Effective Date:
Subject: Vehicle & Fleet Safety Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 99 of 149 Effective:
Policy 3.1 – Vehicle & Fleet Safety
1) POLICY. This policy covers the use of privately owned vehicles (POV) for conducting official District
business and shall be applicable to all elected officials and employees of the District. This policy
establishes a written policy relative to the reimbursement procedures for privately-owned vehicles
used for District business and clarifies the District’s responsibility for damage and/or liability for
private vehicles used on official District business.
2) PROCEDURE. When necessary during the course of an elected official’s or employee’s official duties,
the District shall provide reimbursement.
a) Elected officials or employees using their POV on official business must possess a valid California
driver’s license for the class of vehicle they will be operating.
b) District employees cannot be compelled to use their own vehicles for District business unless it
is a pre-specified condition/requirement of employment.
c) Employees shall not be reimbursed for commuting to and from work, except that employees
who are required to attend scheduled meetings outside of normal working hours may be
reimbursed for mileage incurred.
d) The District shall reimburse District elected officials or employees the IRS mileage
reimbursement rate the IRS announces each year when District employees use their personal
vehicles for conveyance to conduct District business as set forth in CMSD Operations Code
3.01.090. The standard mileage rate is based on annual studies by the IRS of the fixed and
variable costs of operating an automobile (maintenance, insurance repairs, gas and oil, etc.).
e) Insurance. The individual employee shall insure his/her privately owned vehicles to be used on
official District business. The employee’s insurance coverage is deemed to be primary. It shall be
the District’s responsibility to ensure that no privately owned vehicle is operated on District
business without insurance coverage and a valid operator’s license required by regulation.
Additional coverage’s and limits of employee and District shall be as specified in the District’s
insurance coverage SDRMA currently provides.
i) District employees are encouraged to carpool whenever feasible.
ii) Clarification on District liability: The District shall be responsible to each employee only
when the employee is determined not to be negligent and the other party is uninsured.
Under such circumstances, the District shall be responsible to the elected official or
employee for the amount of the deductible for comprehensive and/or collision damages
suffered by the employee.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 3.1
Effective Date:
Subject: Vehicle & Fleet Safety Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 100 of 149 Effective:
Policy 3.1 – Vehicle & Fleet Safety
3) FLEET SAFETY.
a) Purpose. The purpose of this fleet safety policy is to prevent vehicle accidents and to promote
safe driving practices while maintaining District vehicles and heavy equipment in proper
operating condition.
b) Scope. This policy applies to all District full-time and part-time employees. In addition to the
provisions of this policy, all employees are required to comply with applicable Federal
Department of Transportation (DOT) and California Department of Motor Vehicles (DMV) and
local traffic laws, and the established Costa Mesa Sanitary District driving safety work rules, best
practices and procedures.
c) Policy. This fleet safety policy serves as the uniform best practice standard governing the
privilege of operating District vehicles and/or heavy equipment within the scope of
employment. Failure to comply with this policy shall lead to disciplinary action up to and
including termination.
d) Responsibilities.
i) Operations Manager: The Operations Manager General Manager or Designee will have the
responsibility to implement the adopted fleet safety policy and overall fleet safety program
by:
(1) Supervisors and employees to endorse and comply with the adopted policy and
program components.
(2) Providing appropriate safety and financial resources.
(3) Providing support and interest in the fleet safety program.
ii) Supervisors will have the responsibility to:
(1) Provide training to employees so that they are fully qualified to drive and maintain fleet
vehicles and heavy equipment.
(2) Ensure the safe operation of fleet vehicles in compliance with the overall fleet safety
program requirements.
(3) Coordinate the delivery and pick up of District owned fleet vehicles and heavy
equipment to the repair shop for routine preventive maintenance.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 3.1
Effective Date:
Subject: Vehicle & Fleet Safety Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 101 of 149 Effective:
Policy 3.1 – Vehicle & Fleet Safety
(4) Coordinate the delivery and pick up of District owned fleet vehicles and heavy
equipment to the repair shop after unsafe conditions and/or mechanical defects have
been reported by District employees.
(5) Enforce the established fleet safety policy’s driving work rules, procedures, policies and
best practices.
(6) Thoroughly investigate all vehicle accidents and make recommendations to avoid future
accidents.
(7) Demonstrate support and interest in the fleet safety program.
iii) Employees. District employees will have the responsibility to:
(1) Adhere to the directives of this fleet safety policy and overall fleet safety program.
(2) Participate in in-service training and apply their education and training to the safe
operation of assigned vehicles and heavy equipment.
(3) Immediately report any change to the status of their driver’s license to their supervisor,
the General Manager or designee.
(4) Conduct required pre-trip inspections and preventive maintenance on assigned vehicles
and heavy equipment.
(5) Thoroughly complete and submit to supervisor pre-trip and post-trip inspection form.
(6) Report unsafe conditions and/or mechanical defects to the supervisor.
(7) Report all accidents immediately to the supervisor and thoroughly complete the
District’s accident report.
(8) If the accident involves a private vehicle, contact the police department whether injuries
occurred or not.
(9) Immediately take pictures of all damaged property that occurred in the accident.
(10) Follow instructions in the “Accident Fact Kit”, which is supplied by the District, and
exchange information with individuals involved in the accidents along with witnesses.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 3.1
Effective Date:
Subject: Vehicle & Fleet Safety Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 102 of 149 Effective:
Policy 3.1 – Vehicle & Fleet Safety
(11) Maintain a valid California driver’s license, which includes passing the required physical
exam and a satisfactory driving record both on and off the job.
(12) Employees are required to obey all Federal DOT, California DMV, and City of Costa Mesa
traffic regulations.
(13) Seat belts and shoulder harnesses MUST BE WORN while operating or riding in District
owned commercial and fleet vehicles. Inoperative or missing seat belts and/or
harnesses shall immediately be reported to the supervisor. The vehicle or equipment
shall not be operated until the repairs have been made.
(14) Employees who are assigned a vehicle and/or piece of heavy equipment are responsible
for the daily inspection of the vehicle and/or heavy equipment and completion of the
required forms. If an employee is unfamiliar with the operation or maintenance of a
vehicle or piece of heavy equipment, it is his/her responsibility to request information
and instructions on the proper procedures from his/her supervisor.
4) USE OF DISTRICT VEHICLES. The operation of District owned or leased vehicles and/or heavy
equipment is a privilege/requirement, which may be withdrawn at any time at the sole discretion of
the General Manager. An employee must comply with the following fleet safety driving rules and
best practices in order to continue this granted privilege/meet the requirement to operate vehicles
and heavy equipment:
a) Maintain an approved and valid California driver’s license with the applicable classifications and
endorsements, if required, at all times. Any loss or restriction of driving privileges during the
employee’s incumbency must be immediately reported to their supervisor, the General
Manager or designee.
b) Employees who operate fleet automobiles, light trucks and medium trucks SHALL conduct a
visual pre-trip inspection of the tires, brakes, headlights, taillights, directional lights, 4-way
flashers, wipers, heater and defroster on the vehicle at each fueling.
c) Employees who operate commercial vehicles SHALL conduct and document the required “Pre-
trip/Post-trip Inspection” prior to and at the conclusion of operating on public roadways as
required by federal and state regulations.
d) Unless used during traffic control conditions, engines SHALL BE stopped and ignition keys
removed when parking or leaving District vehicles and/or heavy equipment, unless parked
within an enclosed garage.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 3.1
Effective Date:
Subject: Vehicle & Fleet Safety Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 103 of 149 Effective:
Policy 3.1 – Vehicle & Fleet Safety
i) Individuals not employed by the District are NOT PERMITTED as passengers in fleet vehicles
unless authorized by the Operations Manager General Manager or designee. If the
Operations Manager or General Manager, or designee, is not sure of an acceptable
deviation of the policy, they should consult with Risk Management/Human Resources
District Counsel to determine acceptable risk levels.
ii) While fueling fleet vehicles and/or heavy equipment:
(1) Smoking is PROHIBITED while fueling.
(2) Engines SHALL BE turned OFF during the fueling operation. Leaving the vehicle
unattended while fueling is PROHIBITED.
(3) Using an object to “lock the nozzle” on a fuel pump nozzle while fueling is PROHIBITED.
(4) Fuel leaks and/or spills (diesel fuel, and hydraulic oil) shall be immediately absorbed and
cleaned up by using materials from the District provided “spill kit”. Spills over one gallon
SHALL BE reported immediately to the supervisor.
iii) Report any fleet vehicle and heavy equipment mechanical problems immediately. NEVER
drive a fleet vehicle and/or operate heavy equipment that does not appear safe.
iv) Heavy equipment SHALL BE properly maintained and inspected prior to each use.
v) Employees SHALL BE properly trained and certified on specialty and heavy equipment prior
to its use.
vi) Employees ARE NOT ALLOWED to tamper, over-ride or disconnect any manufacturer
installed safety features and devices.
vii) Vehicle interiors are to be kept clean and free of rubbish.
viii) Smoking in vehicles is NOT PERMITTED.
5) DRIVER ORIENTATION AND TRAINING. Orientation and training must supplement the employee’s
trial period to assure that all employees have the knowledge and skills necessary to perform the job
in the manner expected, as well as to review the District’s policies and practices with each
employee. The orientation and the type and amount of training that is needed will vary directly with
the complexity of the job assignments, and the knowledge and experience level of the employee.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 3.1
Effective Date:
Subject: Vehicle & Fleet Safety Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 104 of 149 Effective:
Policy 3.1 – Vehicle & Fleet Safety
a) The supervisor is responsible for orienting and training both new and current employees
regarding the proper use, maintenance and operation of District vehicles and heavy equipment.
The following components shall be thoroughly covered during the employee’s orientation/trial
period.
6) VEHICLE SAFETY RULES, POLICIES, PROCECURES AND PRACTICES. Employee will be instructed
before using the vehicles and/or heavy equipment for the first time on the following:
a) Approved uses of District vehicles
b) Vehicle accident procedures
c) Maintenance repair reporting process, procedures and mandatory forms
d) Vehicle and/or heavy equipment field breakdown procedures
e) Proper storage and parking procedures
f) Fueling practices and mandatory forms
g) Drug Free Workplace Policy
h) Fleet safety driving rules and best practices
7) VEHICLE OPERATION (OFF ROAD). Employees will be instructed on the proper use of vehicles
and/or heavy equipment off road and the following:
a) Proper use of the vehicle and/or heavy equipment’s controls, features and attachments
b) Procedures for operating vehicles or heavy equipment on the roadway
c) Required inspection techniques
d) Completing the mandatory pre-trip inspection form
e) Proper use of safety features and equipment
f) Cargo loading, unloading, and tie-down practices
g) Backing procedures and use of spotters
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 3.1
Effective Date:
Subject: Vehicle & Fleet Safety Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 105 of 149 Effective:
Policy 3.1 – Vehicle & Fleet Safety
h) In addition, the District will provide ongoing in-service training programs which address the
knowledge and skills necessary for all employees to perform in a satisfactory and safe manner.
8) VEHICLE AND HEAVY EQUIPMENT MAINTENANCE AND CARE. It is the responsibility of District
management to ensure that all District owned or leased vehicles and heavy equipment assigned to
their respective employees is in proper working condition at all times. The District shall ensure that
an orientation and training program is developed for vehicles and heavy equipment.
a) District management is accountable for assigned vehicles and heavy equipment. This
accountability includes instruction of employees in the proper operation and preventative
maintenance procedures and ensuring that routine vehicle inspections are performed on a pre-
use basis and that inspection forms are completed and submitted in accordance with the
established procedure.
9) VEHICLE EMERGENCY BREAKDOWN PROCEDURE. Employees are responsible for following the
breakdown procedures whenever a vehicle becomes disabled in a public roadway:
a) Get completely off the traveled roadway. Avoid curves, hills or places where the view may be
obstructed.
b) Shut down the vehicle.
c) Set the parking brake to prevent movement.
d) Turn on the 4-way flashers. If reflective triangles are available, set them near the vehicle and at
approximately 100’ to warn approaching traffic.
e) Call for assistance (911, management, etc.)
f) Stay in and with the vehicle.
10) EMERGENCY EQUIPMENT AND SUPPLIES. Supervisors and employees are required to maintain and
ensure that all commercial vehicles are carrying the following emergency equipment:
a) Reflective triangles;
b) Basic first aid kit;
c) Small multi-purpose dry fire extinguisher; and the
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 3.1
Effective Date:
Subject: Vehicle & Fleet Safety Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 106 of 149 Effective:
Policy 3.1 – Vehicle & Fleet Safety
d) Proof of Insurance and vehicle registration cards.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 3.2
Effective Date:
Subject: Injury & Illness Prevention Program Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 107 of 149 Effective:
Policy 3.2 – Injury & Illness Prevention Program
1) POLICY. It shall be the policy of the District that every employee is entitled to a safe and healthful
place in which to work. Every reasonable effort will be made in the interest of accident prevention,
fire protection and health preservation.
2) RESPONSIBILITIES.
a) General Manager. The General Manager is responsible for ensuring the Injury & Illness
Prevention Program (IIPP) is implemented. Duties include, but are not limited to:
i) Ensuring all employees actively support the IIPP.
ii) Providing the funding necessary to maintain an effective and compliant safety program.
b) Managers & Supervisors. Managers & Supervisors have the responsibility of providing a safe
place to work including facilities, equipment, standards and procedures, adequate supervision
and recognition for a job done properly. They are responsible for training all of their employees
to perform their jobs properly and safely. They teach, demonstrate, observe and enforce
compliance with established safety standards.
c) IIPP Administrator. The IIPP Administrator is General Manager, or designee, who has the
responsibility for the implementation, maintenance and update of the Program.
d) Employees. Employees have the responsibility of performing their tasks properly and safely.
They are to assure themselves that they know how to do the job properly, and ask for additional
training or assistance when they feel there is a gap in their ability, knowledge, or training. They
should never undertake any task, job or operation unless they are able to perform it safely.
3) COMPLIANCE.
a) Management Responsibility. Management is responsible for ensuring organizational safety
and health policies are clearly communicated and understood by employees. Managers and
supervisors are expected to enforce the rules fairly and uniformly.
b) Employee Responsibility. All employees are responsible for using safe work practices, following
directives, policies and procedures, and for assisting in maintaining a safe work environment.
c) Performance Evaluations. As part of manager and supervisor regular performance evaluations,
they are evaluated on what they have done to ensure a safe workplace for their respective
employees. They are also evaluated on their positive or negative loss results.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 3.2
Effective Date:
Subject: Injury & Illness Prevention Program Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 108 of 149 Effective:
Policy 3.2 – Injury & Illness Prevention Program
i) As part of employee regular performance reviews, they are evaluated on their compliance
with safe work practices.
d) Recognition. Managers, supervisors and employees who make a significant contribution to the
maintenance of a safe workplace, as determined by their superiors, receive written
acknowledgment maintained in their personnel files.
e) Employee Training. Employees are trained and retrained on the correct safety and health
procedures.
f) Employee Correction. Employees who fail to follow safe work practices and/or procedures, or
who violate organizational rules or directives, are subject to disciplinary action, up to and
including termination in accordance with the organization's personnel-related policies and
procedures.
i) Managers and supervisors correct safety violations in a manner considered appropriate by
organizational management.
4) COMMUNICATION.
a) Two-Way Communication. Management recognizes open, two-way communication between
management and staff on health and safety issues is essential to an injury-free and productive
workplace.
b) The Organization's System of Communication. The following system of communication is
designed to facilitate a continuous flow of safety and health information between management
and staff in a readily understandable form.
i) An orientation program is given to all new employees and includes a review of the Injury &
Illness Prevention Program and a discussion of policy and procedures the employee is
expected to follow.
ii) The organization has safety meetings where safety is freely and openly discussed by all
present. Field tailgate safety meetings are held monthly. Office safety meetings are held
quarterly. All employees are expected to attend their respective meetings and are
encouraged to participate in discussion.
iii) From time to time, safety notifications may be sent via e-mail to office employees. Copies of
such e-mails would be distributed to employees who do not have computers.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 3.2
Effective Date:
Subject: Injury & Illness Prevention Program Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 109 of 149 Effective:
Policy 3.2 – Injury & Illness Prevention Program
iv) Other methods of communicating pertinent health and safety information are used as they
are identified.
c) Safety Suggestions and Hazard Reporting. All employees are encouraged to inform their
supervisors or other management personnel of any matter which they perceive to be a
workplace hazard or a potential workplace hazard. They are also encouraged to report
suggestions for safety improvement.
i) This reporting can be done orally or preferably in writing. If done in writing, the notification
may be given directly to the supervisor, the IIPP Administrator or other management
personnel, or placed in a suggestion box.
ii) If an employee wishes to report anonymously, a hazard, safety suggestion or other safety
problem he or she can complete an Employee Report Form, and not indicate his/her name.
iii) No employee shall be retaliated against for reporting hazards or potential hazards, or for
making suggestions related to safety.
iv) Management reviews all suggestions and hazard reports.
v) If employees provide their names in regard to the notification, they shall be informed of
what is being done within five working days of receipt.
5) HAZARD IDENTIFICATION AND EVALUATION. Inspection of the workplace is our primary tool used
to identify unsafe conditions and practices. While we encourage all employees to continuously
identify and correct hazards and poor safety practices, certain situations require formal evaluation
and documentation.
a) Safety Inspections. Internal safety inspections are conducted on a monthly basis for all shop and
maintenance facilities. Safety inspections are conducted for all office areas at least annually.
Hazards found are corrected on the spot or recommendations are submitted for future
corrections.
b) Additional Inspections. Inspections are also conducted in accordance with Cal-OSHA
requirements:
i) Whenever new substances, processes, procedures or equipment present a new safety or
health hazard.
ii) Whenever management/supervision become aware of a new or previously unrecognized
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 3.2
Effective Date:
Subject: Injury & Illness Prevention Program Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 110 of 149 Effective:
Policy 3.2 – Injury & Illness Prevention Program
hazard, either independently or by receipt of information from an employee.
iii) Whenever it is appropriate to conduct an unannounced inspection.
6) CORRECTION OF HAZARDS. When a hazard exists it is corrected on a timely basis based on the
severity of the hazard. If imminent danger exists to any employees, management and supervision
remove these employees from the danger at once, and personnel who are provided with the
necessary safeguards correct the hazard.
7) TRAINING.
a) Orientation - New Employees. The General Manager or designee conducts the initial orientation
on general safety within the first two days the new employee is on the job. All employees are
provided with a copy of the IIPP.
b) Initial On-The-Job Training. When an employee first starts to work, a manager/supervisor trains
the employee in all aspects of safety for the purpose of educating the new employee on the
hazards of the work environment and the required safety procedures to mitigate those hazards.
i) The manager/supervisor conducts this training and documents it by using the New
Employee Training Checklist. The manager/supervisor and the employee sign the Checklist
when the training is completed. The Checklist then becomes a permanent part of the
employee's personnel file.
ii) All new hires are given a copy of the organization's Injury & Illness Prevention Program and
those rules and regulations (Code of Safe Practices) applying their work environment. The
New Employee Training Checklist is filled out during the employee's initial on-the-job
training.
c) Specific Organization-Wide Training:
i) Emergency Action Plan. This training includes what the employee is to do under specific
circumstances, such as fire, earthquake, medical emergency and bomb threat.
ii) First Aid, CPR and Blood borne Pathogen Training. Designated employees receive first aid,
CPR and blood borne pathogen training in accordance with the American Red Cross and/or
American Heart Association requirements.
iii) Defensive Driver Training. All employees who may drive on organization business receive
defensive driver training not less than every three years. Driving on organization business
includes driving organization vehicles as well as personal vehicles.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 3.2
Effective Date:
Subject: Injury & Illness Prevention Program Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 111 of 149 Effective:
Policy 3.2 – Injury & Illness Prevention Program
iv) Ergonomics. All employees receive ergonomic training for their specific jobs. At minimum,
each employee receives training on proper lifting techniques and, if necessary, computer
workstation design.
v) Retraining. Reasons for retraining include change of job assignment, change of operations or
materials, observation of poor work habits, or update of training methods. Managers and
supervisors perform retraining:
(1) When an existing employee changes job functions.
(2) On at least an annual basis as a refresher program.
(3) Such training includes general workplace safety, job-specific hazards and/or hazardous
materials, as applicable.
d) Specialized Training. Supervisors are trained in their responsibilities for the safety and health of
their employees. Such training includes both safety management and technical subjects.
i) Supervisors are trained in the hazards and risks faced by the employees under their
immediate direction.
ii) Managers, supervisors and the IIPP Administrator:
(1) Determine safety-training needs.
(2) Implement new training programs.
(3) Evaluate the effectiveness of these programs.
(4) In addition, training is provided whenever:
(a) New substances, processes, procedures or equipment pose a new hazard and there
is a lack of skill or knowledge to deal with the situation.
(b) Management, supervision or the IIPP Administrator become aware of a previously
unrecognized hazard and there is a lack of skill or knowledge to deal with the
hazard.
8) RECORD KEEPING. In coordination with other CMSD management, the IIPP Administrator is
responsible for maintaining all documentation relating to the implementation of the IIPP:
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 3.2
Effective Date:
Subject: Injury & Illness Prevention Program Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 112 of 149 Effective:
Policy 3.2 – Injury & Illness Prevention Program
a) For the purpose of displaying a tracking history of occupational safety and health programs and
activities, all documents are maintained for a minimum of one year plus the current year, unless
otherwise stated.
b) For example, at the end of each year, the prior year’s documents are removed from the files.
During the next year, current year documents are maintained along with the just-past year’s
documents.
c) Specific records are maintained for each of the topics within the IIPP to include, but not be
limited to:
i) Employee recognition and correction
ii) Safety meetings and other safety communication
iii) Safety suggestions and hazard reporting
iv) Hazard identification and correction
v) Occupational injury & illness investigations
vi) Training
9) REPORTING ON-THE-JOB INJURIES. Employees shall report personal injuries sustained or injuries
suffered by other incapacitated employees immediately to their supervisor. The supervisor shall
ensure necessary medical treatment is provided by either referring the employee to the District’s
Company Nurse Program or calling the District’s Company Nurse on the employee’s behalf. The
Company Nurse will provide the employee with the necessary treatment options available to
him/her and provide instructions for any follow-up care. The Supervisor will also conduct an
investigation of the injury and document such. Documentation shall be reported on a “Supervisor’s
Accident Investigation Report” and the injured employee shall complete an “Employee’s Claim for
Workers Compensation Benefits”, form DWC-1. The supervisor shall submit the documents within
one working day of receipt of the completed DWC-1 form from the employee, as required by law.
a) In the event of life periling injuries, or hospitalization of the employee, the General Manager, or
designee, shall be notified immediately by phone. The General Manager, or designee, shall
review and evaluate the events leading to an on-the-job injury for remedial action.
b) Whenever a supervisor is advised by an employee that a medical condition may be work related
in the employee’s opinion, the supervisor shall immediately advise the employee of the right to
file a worker’s compensation claim and provide the DWC-1 form to the employee. The District
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 3.2
Effective Date:
Subject: Injury & Illness Prevention Program Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 113 of 149 Effective:
Policy 3.2 – Injury & Illness Prevention Program
shall investigate all claims for determination of whether the medical condition is work related,
as provided under worker’s compensation law.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 3.3
Effective Date:
Subject: Heat Illness Prevention Program Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 114 of 149 Effective:
Policy 3.3 – Heat Illness Prevention Program
1) SYMPTOMS OF HEAT ILLNESS.
a) Fainting (heat syncope) – a worker who is not accustomed to hot environments and who stands
still in the heat may faint.
b) Preventive/Response Measure.
i) Upon lying down in a cool place, the worker should soon recover. By moving around and
drinking plenty of water, the worker can prevent further fainting.
2) SYMPTOMS OF HEAT CRAMPS.
a) Heat cramps are painful spasms of the muscles that occur among those who sweat profusely in
heat, drink large quantities of water, but do not adequately replace the body's salt loss. The
drinking of large quantities of water tends to dilute the body's fluids, while the body continues
to lose salt. Shortly thereafter, the low salt level in the muscles causes painful cramps. The
affected muscles may be part of the arms, legs, or abdomen, but tired muscles (those used in
performing the work) are usually the ones most susceptible to cramps.
b) Preventive/Response Measure.
c) Drink electrolyte solutions such as Gatorade or plenty of water during the day and try eating
more fruits such as bananas to help the body hydrate during hot weather.
3) SYMPTOMS OF HEAT EXHAUSTION.
a) Heat exhaustion includes several symptoms, which may resemble the early signs of heat stroke.
Heat exhaustion is caused by the loss of large amounts of fluid by sweating, sometimes with
excessive loss of salt. A worker suffering from heat exhaustion still sweats but experiences
extreme weakness or fatigue, giddiness, nausea, or headache. In more serious cases, the victim
may vomit or lose consciousness. The skin is clammy and moist, the complexion is pale or
flushed, and the body temperature is normal or only slightly elevated.
b) Preventive/Response Measure.
i) The employee suffering these symptoms should be moved to a cool location such as shaded
area or air-conditioned building. Have the worker lie down with his/her feet slightly
elevated. Loosen his/her clothing, apply cool, wet clothes or fan him/her. Have him/her
drink water or electrolyte drinks. Try to cool him/her down and have him/her checked by
medical personnel. Victims of heat exhaustion should avoid strenuous activity for at least a
day, and they should continue to drink water to replace lost body fluids.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 3.3
Effective Date:
Subject: Heat Illness Prevention Program Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 115 of 149 Effective:
Policy 3.3 – Heat Illness Prevention Program
4) SYMPTOMS OF HEAT STROKE.
a) Heat stroke is the most serious of health problems associated with working in hot environments.
It occurs when the body's temperature regulatory system fails and sweating becomes
inadequate. The body's only effective means of removing excess heat is compromised with little
warning to the worker that a crisis stage has been reached.
b) A heat stroke victim's skin is hot, usually dry, red or spotted. Body temperature is usually 105ºF
or higher, and the worker is mentally confused, delirious, perhaps in convulsions or unconscious.
Unless the worker receives quick and appropriate treatment, death can occur.
c) Preventive/Response Measure.
i) Any worker with signs or symptoms of heat stroke requires immediate hospitalization.
However, first aid should be immediately administered. This includes removing the worker
to a cool area, thoroughly soaking the clothing with water, and vigorously fanning the body
to increase cooling. Further treatment at a medical facility should be directed to the
continuation of the cooling process and the monitoring of complications, which often
accompany the heat stroke. Early recognition and treatment of heat stroke are the only
means of preventing permanent brain damage or death.
5) RECOGNIZING HEAT ILLNESS RISK FACTORS. As noted earlier, environmental risk factors for heat
illness include air temperature, relative humidity, radiant heat from the sun and other sources,
conductive heat sources such as the ground, air movement, workload severity and duration,
protective clothing and personal protective equipment worn by employees. Personal risk factors for
heat illness include age, degree of acclimatization, general health, water consumption, and use of
medications, caffeine, or alcohol, which can affect the body’s water retention or other physical
response to heat. The following are the responsibilities for every District employee to recognize heat
illness risk factors.
a) General Manager or Designee – Issuing Heat Stroke Alert as indicated in the Heat Illness Index
Chart, which is attached to this Employee Handbook hereto as Attachment “A”.
i) Ensuring employees who are working in hot environments take necessary precautions as
outlined in the Heat Conditions Table, which is attached to this Employee Handbook hereto
as Attachment “B”, as well as determining what activities can be performed during a danger
period.
b) Supervisors – Evaluating work conditions before sending employees to perform outdoor work in
hot conditions. Temperature above 80ºF, especially with heavy physical work activities, would
represent conditions where there is a risk of heat illness. Other factors, such as high humidity or
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 3.3
Effective Date:
Subject: Heat Illness Prevention Program Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 116 of 149 Effective:
Policy 3.3 – Heat Illness Prevention Program
work activities that restrict the body’s ability to cool itself, such as protective clothing, could
result in a risk of heat illness at lower temperatures. Supervisors must also:
i) Establish a schedule for work and rest periods during hot days.
ii) Go over with staff how to recognize signs and symptoms of heat illness and be prepared to
give first aid if necessary.
iii) Annual training of staff who work in high heat areas.
iv) Use the Heat Illness Index Chart to assess the environmental risk of heat illness, based on
temperature and relative humidity. Provision of water and shade should be implemented
whenever the Heat Index exceeds 80ºF.
v) Realize individual employees vary in their tolerance to heat stress conditions.
c) Employees – Employees must attend training on the environmental risk of heat illness and
follow the instructions given. They are also responsible for monitoring themselves for signs and
symptoms of heat illness as outlined in the Heat Conditions Table. Employees must also:
i) Pace the work, taking adequate rest periods in shade or cooler environment
ii) Keep shaded from direct heat where possible by wearing a hat and applying sunscreen.
iii) Drink plenty of water. In hot environments the body requires more water than it takes to
satisfy thirst. Drink before you are thirsty. Electrolyte drinks are encouraged but not
necessary, plain water works well.
6) ACCLIMATIZATION. Employees need time for their bodies to adjust to working in the heat. This
“acclimatization” is particularly important for employees returning to work after a prolonged
absence, recent illness, moving from a cool to a hot climate, or working during the beginning stages
of a heat wave. For heavy work under hot conditions, a period of fourteen days of progressively
increasing work time, starting with about two hours work per day is required under this program.
The Wastewater Maintenance Superintendent will monitor his/her staff closely for signs and
symptoms of heat illness, particularly when they have not been working in the heat for the last few
days or when a heat wave occurs.
7) WATER. Clean, fresh, and cool potable water shall be readily available and free of charge to
employees. Whenever environmental risk factors for heat illness exist, drinking water will be
provided in sufficient quantities to provide one quart per employee per hour for the entire shift (at
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 3.3
Effective Date:
Subject: Heat Illness Prevention Program Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 117 of 149 Effective:
Policy 3.3 – Heat Illness Prevention Program
least two gallons per employee for an eight-hour shift). The Wastewater Maintenance
Superintendent is responsible to ensure that his/her staff has an adequate supply of drinking water
and that the water is provided as close to the employee working area as practicably possible.
Employees are encouraged to drink water frequently.
8) SHADE. A shaded area that provides complete shade for all the employees will be provided.
Employees may use this area when they are suffering from heat illness or believe they need a
recovery period to prevent heat illness. The shaded area shall be open to the air or ventilated and
cooled and access shall be permitted at all times. Canopies, umbrellas or other temporary structures
may be used to provide shade, provided they block direct sunlight. The Wastewater Maintenance
Superintendent is responsible to ensure that his/her staff has access to a shaded area.
9) RESPONDING TO HEAT ILLNESS. The following procedures must be followed if the supervisor
recognizes signs or symptoms of heat illness in his/her staff or an employee recognizes symptoms in
himself/herself:
a) Move to a shaded area or air-conditioned building for a recovery period of at least five minutes.
b) Drink plenty of water.
c) If the condition appears to be severe or the employee does not recover, then emergency
medical care is needed. Emergency medical care shall be provided by the following method:
d) Thoroughly soaking the clothing with water, and vigorously fanning the body to increase cooling.
e) Call 911. Be ready to provide emergency response personnel with directions to work location
f) If necessary, transport employee to one of the following facilities to receive immediate medical
care:
i) Costa Mesa Fire Department, Station 1, 2803 Royal Palm Drive
ii) Costa Mesa Fire Department, Station 2, 800 Baker Street
iii) Costa Mesa Fire Department, Station 3, 1865 Park Avenue
iv) Costa Mesa Fire Department, Station 4, 2300 Placentia Avenue
v) Costa Mesa Fire Department, Station 5, 2450 Vanguard Way
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 3.3
Effective Date:
Subject: Heat Illness Prevention Program Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 118 of 149 Effective:
Policy 3.3 – Heat Illness Prevention Program
vi) Costa Mesa Fire Department, Station 6, 3350 Sakioka Drive129
vii) Hoag Hospital, One Hoag Drive, Newport Beach
g) Regardless of the employee’s protest, no employee with any of the symptoms of possible
serious heat illness noted in this program should be sent home or left unattended without
medical assessment and authorization.
10) HIGH HEAT PROCEDURES. The following procedures shall be followed when the temperature
exceeds 95 degrees.
a) An effective communication system shall be implemented so that employees may readily
contact their supervisor. Effective communication systems can include communication orally,
through observation, or by electronic means.
b) Observation of employees of alertness and signs of heat illness.
c) Designation of one or more employees on each work site as the authorized employee to call for
emergency medical services.
d) Reminding employees more frequently throughout the work shift to drink plenty of water.
e) A pre-shift meeting before the commencement of work to review high heat procedures,
encouraging employees to drink plenty of water and to remind employees to take cool down
rest periods when needed.
11) TRAINING. All employees who may work outdoors in conditions where there are environmental risk
factors for heat illness shall be provided training on the proper measures to protect themselves and
their colleagues. The training will include the following information:
a) Why it is important to prevent heat illness;
b) Procedures for acclimatization;
c) The need to drink water frequently;
d) The need to take breaks out of the heat;
e) How to recognize symptoms of heat illness;
f) How to contact emergency services and how to effectively report the work location to 911; and
g) The importance of choosing water instead of soda or other caffeinated beverages, and avoiding
alcoholic beverages altogether during high heat.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 3.3
Effective Date:
Subject: Heat Illness Prevention Program Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 119 of 149 Effective:
Policy 3.3 – Heat Illness Prevention Program
Attachment A
*Heat Index Chart from NOAA’s National Weather Service
Caution
Heat fatigue may occur. Normal summer working conditions should be observed.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 3.3
Effective Date:
Subject: Heat Illness Prevention Program Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 120 of 149 Effective:
Policy 3.3 – Heat Illness Prevention Program
Extreme Caution: Heat cramps or heat exhaustion likely to occur. Maintenance Supervisor, with
Operations Manager’s approval, will implement adjusted schedules and procedures.
Danger Heat exhaustion or heat cramps likely. Heat Stroke may occur upon prolonged
exertion. Operations Manager will approve any employees who are requested to
continue working in such an environment.
Extreme Danger: Heat stroke likely to occur working under these conditions. General Manager or
his/her designee will issue Heat Stroke Alert requiring CMSD employees to be removed
from such an environment.
Attachment B
Heat Conditions Table
Condition Signs/Symptoms First Aid
HEAT RASH Irritated skin
Red or pink tiny dots or pimples
Place the person in a shade/cool
place and allow skin to dry.
FAINTING Blurred vision
Dizziness
Have the person lie down on
his/her back in a shaded area.
Increase water intake.
HEAT CRAMPS Painful muscle spasms
Heavy sweating
Drink electrolyte solution such as
Gatorade.
Increase water intake
Rest in a shade/cool environment.
HEAT EXHAUSTION Pale and clammy skin
Possible fainting
Weakness, fatigue
Nausea
Vomiting
Dizziness
Blurred vision
Body temperature slightly elevated
Lie down in a cool environment
with his/her feet slightly elevated.
Loosen his/her clothing.
Apply cool, wet cloths or fan
him/her.
Drink water or an electrolyte
solution like Gatorade.
Seek medical attention.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 3.3
Effective Date:
Subject: Heat Illness Prevention Program Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 121 of 149 Effective:
Policy 3.3 – Heat Illness Prevention Program
HEAT STROKE Cessation of sweating
Skin hot and dry
Red face
High body temperature
Unconsciousness
Collapse
Convulsions
Confusion or erratic behavior
Life threatening condition
Remove the person to a shade/cool
environment.
Thoroughly soak the clothing with
water.
Vigorously fan the body to increase
cooling.
Dial 911
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 3.4
Effective Date:
Subject: Drug/Alcohol Abuse & Contraband Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 122 of 149 Effective:
Policy 3.4 – Drug/Alcohol Abuse & Contraband
1) PURPOSE. Costa Mesa Sanitary District recognizes that the use of alcohol and/or controlled
substances in the workplace is not conducive to safe working conditions. In order to promote a safe,
healthy and productive work environment for all employees, it is the objective of the District to have
a work force that is free from the influence of alcohol and controlled substances. The purpose of this
policy is to outline the goals and objectives of the Costa Mesa Sanitary District’s (District) drug and
alcohol testing program and provide guidance to supervisors and employees concerning their
responsibilities for carrying out the program. The Costa Mesa Sanitary District reserves the right to
amend this policy from time to time in order to comply with changes, amendments or
interpretations of Federal Regulations.
2) POLICY. The District has a vital interest in maintaining a safe, healthy, and efficient working
environment. Being under the influence of a drug or alcohol on the job poses serious safety and
health risks to the user and to all those who work with the user. The use, sale, purchase, transfer, or
possession of an illegal drug in the workplace, and being under the influence of alcohol poses
unacceptable risks for safe, healthy, and efficient operations.
a) The District has the right and obligation to maintain a safe, healthy, and efficient workplace for
all of its employees, and to protect the organization’s property, information, equipment,
operations and reputation, as well as protecting the public.
b) The District recognizes its obligations to the public for the provision of services that are free of
the influence of illegal drugs and alcohol, and will endeavor through this policy to provide drug-
and alcohol-free services.
c) The District further expresses its intent through this policy to comply with federal and state
rules, regulations or laws that relate to the maintenance of a workplace free from illegal drugs
and alcohol.
d) As a condition of employment, all employees are required to abide by the terms of this policy
and to notify District management of any criminal drug statute conviction for a violation
occurring in the workplace no later than five days after such conviction.
e) The District has a heightened interest in safety concerns with heavy equipment operators and
others who operate potentially dangerous equipment that justifies special provisions relating to
those employees.
3) DEFINITIONS.
a) Accident means an unintended happening or mishap where there is loss of human life
(regardless of fault), bodily injury or significant property damage.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 3.4
Effective Date:
Subject: Drug/Alcohol Abuse & Contraband Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 123 of 149 Effective:
Policy 3.4 – Drug/Alcohol Abuse & Contraband
b) Adulterated Specimen means a specimen that has been altered, as evidenced by test results
showing either a substance that is not a normal constituent for that type of specimen or
showing an abnormal concentration of an endogenous substance.
c) Alcohol. The intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular weight
alcohol including methyl or isopropyl alcohol, including but not limited to beer, wine and
distilled spirits.
d) Alcohol Concentration means the alcohol in a volume of breath expressed in terms of grams of
alcohol per 210 liters of breath as indicated by an evidential breath test under this regulation.
For example, 0.02 means 0.02 grams of alcohol in 210 liters of expired deep lung air.
e) Alcohol Use means consumption of any beverage, mixture, or preparation, including any
medication containing ethyl alcohol. Since ingestion of a given amount of alcohol produces the
same alcohol concentration in an individual whether the alcohol comes from a mixed drink or
cough syrup, the Department of Transportation prohibits the use of any substance containing
alcohol, such as prescription or over-the-counter medication or liquor-filled chocolates.
Prescription medications containing alcohol may have a greater impairing affect due to the
presence of other elements (e.g., antihistamines).
f) Breath Alcohol Technician (BAT) means a person trained to proficiency in the operation of the
Evidential Breath Testing (EBT) device that the technician is using in the alcohol testing
procedures. BATs are the only qualified personnel to administer the EBT tests.
g) Chain of Custody means the procedures to account for the integrity of each urine specimen by
tracking its handling and storage from point of collection to final disposition.
h) Collection Site means a place designated by the District where individuals present themselves
for the purpose of providing a specimen of either urine and/or breath.
i) Commercial Motor Vehicle means a motor vehicle, or combination of motor vehicles used in
commerce to transport passengers or property if the motor vehicle: (1) has a gross combination
weight rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight
rating of more than 10,000 pounds; or (2) has a gross vehicle weight rating of 26,001 or more
pounds; or (3) is designed to transport 16 or more passengers, including the driver; or (4) is of
any size and is used in the transportation of materials found to be hazardous for the purposes of
the Hazardous Materials Transportation Act and which require the motor vehicle to be
placarded under the Hazardous Materials Regulations.
j) Confirmation Test for alcohol testing means a second test, following a screening test with a
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 3.4
Effective Date:
Subject: Drug/Alcohol Abuse & Contraband Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 124 of 149 Effective:
Policy 3.4 – Drug/Alcohol Abuse & Contraband
result of 0.02 or greater that provides quantitative data of alcohol concentration. For controlled
substances testing this means a second analytical procedure to identify the presence of a
specific drug or metabolite which is independent of the screen test and which uses a different
technique and chemical principle from that of the screen test in order to ensure reliability and
accuracy. (Gas chromatography/mass spectrometry (CG/MS) is the only authorized confirmation
method of cocaine, marijuana, opiates, amphetamines, and phencyclidine.)
4) Contraband. Any article, the possession of which on District premises or while on District business,
causes an employee to be in violation of District Personnel Rules and Regulations or state and/or
federal law. Contraband includes illegal drugs, drug paraphernalia, lethal weapons, firearms,
explosives, incendiaries, and stolen property.
a) Controlled Substance (Drug) Test. A method of detecting and measuring the presence of
alcohol and other controlled substances, whether legal or illegal, in a person's body. A
controlled substance test may be either an initial test or confirmation test. An initial controlled
substance test is designed to identify specimens having concentrations of a particular class of
drug above a specified concentration level. It eliminates negative specimens from further
consideration.
i) Controlled substances will be tested under the Department of Health and Human Services
guidelines. The primary (initial or screening) controlled substance test thresholds for a
verified positive test result are those that are equal to or greater than:
(1) Amphetamines
(2) Amphetamine/Methamphetamine (1)
(3) 500 ng/ml
(4) MDMA (Methylenedioxymethamphetamine) 500 ng/ml
(5) Cocaine Metabolites 150 ng/ml
(6) Marijuana Metabolites 50 ng/ml
(7) Opiate Metabolites
(8) Codeine/Morphine (2) 2000 ng/ml
(9) 6-Acetylmorphine 10 ng/ml
(10) Phencyclidine (PCP) 25 ng/ml
(11) A confirmation drug testing is a second analytical procedure to detect the presence of a
specific drug or its metabolite. The confirmation procedure is conducted independent of
the initial test and uses a different technique and chemical principle in order to confirm
reliability and accuracy. The confirmatory controlled substance test thresholds for a
verified positive test result are those that are equal to or greater than:
(12) Amphetamines
(13) Amphetamine 250 ng/ml
(14) Methamphetamine (3) 250 ng/ml
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 3.4
Effective Date:
Subject: Drug/Alcohol Abuse & Contraband Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 125 of 149 Effective:
Policy 3.4 – Drug/Alcohol Abuse & Contraband
(15) MDMA (Methylenedioxymethamphetamine) 250 ng/ml
(16) MDA (Methlenedioxyamphetamine) 250 ng/ml
(17) MDEA (Methlenedioxyethamphetamine) 250 ng/ml
(18) Cocaine Metabolite (Benzoylecgonine) 100 ng/ml
(19) Marijuana Metabolite
(20) (THCA: Delta-9-tetrahydrocannabinol-9-carboxylic acid) 15 ng/ml
(21) Opiate Metabolites
(22) 6-Acetylmorphine 10 ng/ml
(23) Codeine 2000 ng/ml
(24) Morphine 2000 ng/ml
(25) Phencyclidine (PCP) 25 ng/ml80
(a) Methamphetamine is the target analyte
(b) Morphine is the target analyte
(c) Specimen must also contain amphetamine at a concentration greater than or equal
to100 ng/ml
b) Covered Employee means a person including a volunteer, applicant, or transferee, who
performs a safety-sensitive function for the District.
c) Department of Transportation Guidelines means the controlled substance and alcohol testing
rules (49 CFR Part 199 (PHMSA - Pipeline), Part 219 (FRA - Railroad), Part 382 (FMCSA -
Commercial Motor Vehicle), 654 (FTA - Mass Transit) and 14 CFR 61 (FAA - Aviation) et. al.)
setting forth the procedures for controlled substance and alcohol testing (49 CFR Part 40) in all
the transportation industries.
d) Designated Employer Representative (DER) means an employee authorized by the employer to
take immediate action to remove employees from safety-sensitive duties and to make required
decisions in testing. The DER also receives test results and other communications for the
employer, consistent with Department of Transportation Guidelines.
e) Dilute Specimen means a specimen with creatinine and specific gravity values that are lower
than expected for human urine.
f) District means Costa Mesa Sanitary District.
g) District Premises or District Facilities. All property of District including, but not limited to the
offices, facilities and surrounding areas on District-owned or -leased property, pump stations,
sewer line easement areas, parking lots, and storage areas. The term also includes District-
owned or -leased vehicles and equipment wherever located.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 3.4
Effective Date:
Subject: Drug/Alcohol Abuse & Contraband Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 126 of 149 Effective:
Policy 3.4 – Drug/Alcohol Abuse & Contraband
h) District Time means any period of time in which the safety-sensitive employee is actually
performing, ready to perform, or immediately available to perform any safety-sensitive
functions.
i) Driver means any person who operates a commercial motor vehicle. This includes full time,
regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and
independent, owner-operator contractors who are either directly employed by or under lease to
an employer or who operate a commercial motor vehicle at the direction of or with the consent
of an employer. For the purposes of pre-employment/pre-duty testing only, the term driver
includes a person applying to an employer to drive a commercial motor vehicle.
j) Drug Testing. The scientific analysis of urine, blood, breath, saliva, hair, tissue, and other
specimens of the human body for the purpose of detecting a drug or alcohol.
k) Drug (Controlled Substance) Metabolite means the specific substance produced when the
human body metabolizes (changes) a given drug (controlled substance) as it passes through the
body and is excreted in urine.
l) Evidential Breath Testing Device (EBT) means the device to be used for breath alcohol testing.
m) HHS means the United States Department of Health and Human Services.
n) Illegal Drug. Any drug which is not legally obtainable; any drug which is legally obtainable but
has not been legally obtained; any prescribed drug not legally obtained; any prescribed drug not
being used for the prescribed purpose; any over-the-counter drug being used at a dosage level
other than recommended by the manufacturer or being used for a purpose other than intended
by the manufacturer; and any drug being used for a purpose not in accordance with bona fide
medical therapy. Examples of illegal drugs are cannabis substances, such as marijuana and
hashish, cocaine, heroin, methamphetamine, phencyclidine (PCP), and so-called designer drugs
and look-alike drugs.
o) Initial Specimen Validity Test means the first test used to determine if a urine specimen is
adulterated, diluted, substituted, or invalid.
p) Invalid Drug Test means the results reported by an HHS-certified laboratory in accordance with
the criteria established by HHS Mandatory Guidelines when a positive, negative, adulterated, or
substituted result cannot be established for a specific drug or specimen validity test.
q) Laboratory means any United States laboratory certified by HHS under the National Laboratory
Certification Program as meeting the minimum standards of HHS Mandatory Guidelines for
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 3.4
Effective Date:
Subject: Drug/Alcohol Abuse & Contraband Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 127 of 149 Effective:
Policy 3.4 – Drug/Alcohol Abuse & Contraband
Federal Workplace Drug Testing Programs; or, in the case of foreign laboratories, a laboratory
approved for participation by DOT under 49 CFR Part 40.
r) Legal Drug. Any prescribed drug or over-the-counter drug that has been legally obtained and is
being used for the purpose for which prescribed or manufactured.
s) Limit of Detection (LOD) means the lowest concentration at which a measure can be identified,
but (for quantitative assays) the concentration cannot be accurately calculated.
t) Limit of Quantitation for quantitative assays, means the lowest concentration at which the
identity and concentration of the measured can be accurately established.
u) Medical Review Officer (MRO) means a licensed physician responsible for analyzing laboratory
results generated by an employer's controlled substance (drug) testing program. The MRO is
knowledgeable about substance abuse disorders and has appropriate medical training to
interpret and evaluate positive test results.
v) Negative Dilute Test Results means drug test results that are negative for the five drug/drug
metabolites but has a specific gravity value lower than expected for human urine.
w) Negative Test Results means for: (1) a drug test the result reported by an HHS- certified
laboratory to an MRO when a specimen contains no drug or the concentration of the drug is less
than the cutoff concentration level for the drug or drug class and the specimen is a valid
specimen; and (2) an alcohol test with an alcohol concentration of less than 0.02 BAC.
x) Non-Negative Test Results means a test result found to be adulterated, substitute, invalid, or
positive for drug/drug metabolites.
y) Performing (Safety Sensitive Function) means a safety-sensitive employee is considered to be
performing a safety sensitive function and includes any period in which the safety-sensitive
employee is actually performing, ready to perform, or immediately available to perform such
functions.
z) Positive Test Results means for: (1) for a drug test means the result reported by an HHS-
certified laboratory when a specimen contains a drug or drug metabolite equal to or greater
than the cutoff concentrations; and (2) an alcohol test with a confirmed alcohol concentration of
0.04 BAC or greater.
aa) Post-Accident Alcohol and/or Controlled Substance Testing. Conducted after accidents on
employees whose performance could have contributed to the accident. For drivers this is
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 3.4
Effective Date:
Subject: Drug/Alcohol Abuse & Contraband Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 128 of 149 Effective:
Policy 3.4 – Drug/Alcohol Abuse & Contraband
determined by a citation for a moving traffic violation and for all fatal accidents even if the
driver is not cited for a moving traffic violation. See Accident.
bb) Pre-Employment Controlled Substance Testing. Conducted before applicants are hired or after
an offer to hire, but before actually performing safety-sensitive functions for the first time. Also
required when employees transfer to a safety sensitive-position.
cc) Prohibited Drugs (Controlled Substances) means Amphetamines, Cocaine, Marijuana, Opiates
or Phencyclidine.
dd) Prohibited Substances means and is synonymous to drug abuse and/or alcohol misuse or abuse.
ee) Random Alcohol and/or Controlled Substance Testing. Conducted on a random unannounced
basis just before, during or just after performance of safety sensitive functions.
ff) Reasonable Belief. A belief based on objective facts sufficient to lead a prudent person to
conclude that a particular employee is unable to satisfactorily perform his or her job duties due
to drug or alcohol impairment. Such inability to perform may include, but not be limited to,
decreases in the quality or quantity of the employee’s productivity, judgment, reasoning,
concentration and psychomotor control, and marked changes in behavior. Accidents, deviations
from safe working practices, and erratic conduct indicative of impairment are examples of
“reasonable belief” situations.
gg) Reasonable Suspicion Alcohol and/or Controlled Substance Testing. Conducted when a trained
supervisor observes behavior or appearance that is characteristic of alcohol misuse or controlled
substance abuse.
hh) Reconfirmed means the result reported for a split specimen when the second laboratory is able
to corroborate the original result reported for the primary specimen.
ii) Refuse to Submit (To an Alcohol and/or Controlled Substance Test). The following are
considered a refusal to test if the employee:
i) Fails to appear for any test (excluding pre-employment) within a reasonable time, as
determined by the employer, after being directed to do so by the employer; or
ii) Fails to remain at the testing site until the testing process is complete; or
iii) Fails to provide a urine or breath specimen for any drug or alcohol test required by Part 40
or DOT agency regulations; or
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 3.4
Effective Date:
Subject: Drug/Alcohol Abuse & Contraband Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 129 of 149 Effective:
Policy 3.4 – Drug/Alcohol Abuse & Contraband
iv) In the case of a directly observed or monitored collection in a drug test, fails to permit the
observation or monitoring of your provision of a specimen; or
v) Fails to provide a sufficient amount of urine or breath when directed, and it has been
determined, through a required medical evaluation, that there was no adequate medical
explanation for the failure; or
vi) Fails or declines to take a second test the employer or collector has directed you to take; or
vii) Fails to undergo a medical examination or evaluation, as directed by the MRO as part of the
verification process, or as directed by the DER as part of the 'shy bladder' or 'shy lung'
procedures; or
viii) Fails to cooperate with any part of the testing process (e.g., refuse to empty pockets when
so directed by the collector, behave in a confrontational way that disrupts the collection
process); or
ix) If the MRO reports that there is verified adulterated or substituted test result; or
x) Failure or refusal to sign Step 2 of the alcohol testing form.
jj) Rehabilitation. The total process of restoring an employee to satisfactory work performance
through constructive confrontation, referral to the SAP and participation in SAP
recommendations such as education, treatment and/or support groups to resolve personal,
physical or emotional/mental problems which contributed to job problems.
kk) Rejected for Testing means the result reported by an HHS-certified laboratory when no tests are
performed for a specimen because of a fatal flaw or a correctable flaw that is not corrected.
ll) Return-to-Duty and Follow-Up Alcohol and/or Controlled Substance Testing. Conducted when
an individual who has violated the prohibited alcohol or controlled substance conduct standards
returns to performing safety sensitive-duties. Follow-up tests are unannounced and at least 6
tests must be conducted in the first 12 months after an employee returns to duty. Follow-up
testing may be extended for up to 60 months following return to duty upon the SAP
recommendation.
mm) Return-to-duty Agreement means a document agreed to and signed by the employer, safety-
sensitive employee and the Substance Abuse Professional that outlines the terms and
conditions under which the safety-sensitive employee may return to duty after having had a
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 3.4
Effective Date:
Subject: Drug/Alcohol Abuse & Contraband Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 130 of 149 Effective:
Policy 3.4 – Drug/Alcohol Abuse & Contraband
verified positive controlled substance test result or an alcohol concentration of 0.04 or greater
on an alcohol test.
nn) Safety-Sensitive Employee (Function and/or Position). An employee is considered to be
performing a safety-sensitive function during any period in which that employee is actually
performing, ready to perform, or immediately available to perform any safety-sensitive
functions.
oo) Screening (Initial) Test. In alcohol testing, it means an analytical procedure to determine
whether a safety-sensitive employee may have a prohibited concentration of alcohol in their
system. In controlled substance testing, it means an immunoassay screen to eliminate negative
urine specimens from further consideration.
pp) Split Specimen Collection means a collection in which the urine collected is divided into two
separate specimen bottles, the primary specimen (Bottle A) and the split specimen (Bottle B).
qq) Substance Abuse Professional (SAP) means a licensed physician (Medical Doctor or Doctor of
Osteopathy), or a licensed or certified psychologist, social worker (with knowledge of and
clinical experience in the diagnosis and treatment of drug and alcohol- related disorders, the
license alone does not authorize this), Certified Employee Assistance Professional (CEAP), or
addiction counselor certified by the National Association of Alcoholism and Drug Abuse
Counselors Certification Commission (NAADAC) with knowledge of and clinical experience in the
diagnosis and treatment of alcohol and controlled substances-related disorders.
rr) Substituted Specimen means a specimen with creatinine and specific gravity values that are so
diminished that they are not consistent with normal human urine.
ss) Supervisor means a person in authority who has had one hour of training on the signs and
symptoms of alcohol abuse and an additional hour of training on the signs and symptoms of
controlled substance abuse.
tt) Under the Influence a condition in which a person is affected by a drug or by alcohol in any
detectable manner. The symptoms of influence are not confined to those consistent with
misbehavior, nor to obvious impairment of physical or mental ability, such as slurred speech or
difficulty in maintaining balance. A determination of being under the influence can be
established by a professional opinion, a scientifically valid test, such as urinalysis or blood
analysis, and in some cases by the opinion of a layperson.
uu) Vehicle means a bus, electric bus, van, automobile, rail car, trolley car, trolley bus, or vessel
used for mass transportation.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 3.4
Effective Date:
Subject: Drug/Alcohol Abuse & Contraband Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 131 of 149 Effective:
Policy 3.4 – Drug/Alcohol Abuse & Contraband
vv) Verified Negative Drug Test means a drug test result reviewed by a Medical Review Officer and
determined to have no evidence of prohibited drug use above the minimum cutoff levels
established by Department of Transportation Guidelines.
ww) Verified Positive Drug Test means a drug test result reviewed by a Medical Review Officer and
determined to have evidence of prohibited drug use above the minimum cutoff levels
established by Department of Transportation Guidelines.
5) EDUCATION. Supervisors and other management personnel are to be trained in:
a) Detecting the signs and behavior of employees who may be using drugs or alcohol in violation of
this policy;
b) Intervening in situations that may involve violations of this policy;
c) Recognizing the above activities as a direct job responsibility.
d) Employees are to be informed of:
i) The health and safety dangers associated with drug and alcohol abuse;
ii) The provisions of this policy.
6) PROHIBITED ACTIVITIES.
a) Legal Drugs. The undisclosed use of any legal drug, which could interfere with the safe and
efficient performance of duties or operation of District equipment, by any employee while
performing District business or while on District premises is prohibited. However, an employee
may continue to work even though using a legal drug if District management has determined,
after consulting with General Manager, that such use does not pose a threat to safety and that
the using employee’s job performance is not significantly affected. Otherwise, the employee
may be required to take leave of absence or comply with other appropriate action as
determined by District management.
i) An employee whose medical therapy requires the use of a legal drug, which could interfere
with the safe and efficient performance of duties or operation of District equipment, must
report such use to his or her supervisor prior to the performance of District business. The
supervisor who is so informed will contact the General Manager.
ii) The District at all times reserves the right to judge the effect that a legal drug may have on
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 3.4
Effective Date:
Subject: Drug/Alcohol Abuse & Contraband Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 132 of 149 Effective:
Policy 3.4 – Drug/Alcohol Abuse & Contraband
job performance and to restrict the using employee’s work activity or presence at the
workplace accordingly. If there is a question regarding an employee’s ability to perform
assigned duties safely and effectively while using legal drugs, the District may require
medical clearance.
b) Illegal Drugs and Alcohol. The use, sale, purchase, transfer or possession of an illegal drug by
any employee while on District premises or while performing District business is prohibited.
i) The use, sale or purchase of alcohol by any employee while on District premises or while
performing District business is prohibited.
7) DISCIPLINE. Any employee who possesses, distributes, sells, attempts to sell, or transfers illegal
drugs on District premises or while on District business will be discharged immediately.
a) Any employee who is found to be under the influence of alcohol in violation of this policy will be
subject to discipline up to and including discharge.
b) Any employee who is found to be in possession of contraband in violation of this policy will be
subject to discipline up to and including discharge.
c) Any employee who is found through drug or alcohol testing to have in his or her body a
detectable amount of an illegal drug or of alcohol will be subject to discipline up to and including
discharge.
d) Any employee who knows or has reasonable suspicion that another employee is using, selling,
under the influence or otherwise in violation of this policy shall have a duty to report that
suspicion to the General Manager. Failure to report such suspicion may result in discipline up to
and including discharge.
8) DRUG AND ALCOHOL TESTING OF ALL JOB APPLICANTS. Applicants for employment may be subject
to drug and alcohol testing in accordance with the law.
a) Such an applicant must pass the drug test to be considered for employment.
b) An applicant will be notified of District’s drug and alcohol testing policy prior to being tested;
will be informed in writing of his or her right to refuse to undergo such testing; and will be
informed that the consequence of refusal is termination of the pre-employment process.
c) An applicant will be provided written notice of this policy and by signature will be required to
acknowledge receipt and understanding of the policy.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 3.4
Effective Date:
Subject: Drug/Alcohol Abuse & Contraband Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 133 of 149 Effective:
Policy 3.4 – Drug/Alcohol Abuse & Contraband
9) If an applicant refuses to take a drug or alcohol test, or if evidence of the use of illegal drugs by an
applicant is discovered, either through testing or other means, the pre-employment process will be
terminated.
10) DRUG AND ALCOHOL TESTING OF EMPLOYEES BASED ON REASONABLE BELIEF. District will notify
employees of this policy by:
a) Providing to each employee a copy of the policy, and obtaining a written acknowledgement
from each employee that the policy has been received and read.
b) Announcing the policy in various written communications and making presentations at
employee meetings.
c) District may perform drug or alcohol testing:
i) of any employee who manifests “reasonable belief” behavior;
ii) of any employee who is involved in an accident that results or could result in the filing of a
Workers’ Compensation claim; or
iii) of any employee who is subject to drug or alcohol testing pursuant to federal or state rules,
regulations or laws.
d) An employee’s consent to submit to drug or alcohol testing when reasonable belief exists is
required as a condition of employment and the employee’s refusal to consent may result in
disciplinary action, including discharge, for a first refusal or any subsequent refusal.
e) An employee who is tested in a “reasonable belief” situation may be placed on administrative
leave pending receipt of written tests results and whatever inquiries may be required.
11) APPEAL OF DRUG OR ALCOHOL TEST RESULT – NON-SAFETY SENSITIVE EMPLOYEES. An employee
whose drug or alcohol test is reported positive will be offered the opportunity to:
a) Obtain and independently test, at the employee’s expense, the remaining portion of the urine
specimen that yielded the positive result;
b) Obtain the written test result and submit it to an independent medical review at the employee’s
expense.
12) INSPECTION AND SEARCHES. District may conduct unannounced general inspections and searches
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 3.4
Effective Date:
Subject: Drug/Alcohol Abuse & Contraband Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 134 of 149 Effective:
Policy 3.4 – Drug/Alcohol Abuse & Contraband
for illegal drugs or contraband on District premises or in District vehicles or equipment wherever
located. Employees are expected to cooperate.
a) Contraband is an article that is illegal to possess.
b) Illegal drugs, drugs believed to be illegal, and drug paraphernalia found on District property will
be turned over to the Costa Mesa Police Department and the full cooperation given to any
subsequent investigation.
c) Other forms of contraband, such as firearms, explosives, and lethal weapons, will be subject to
seizure during an inspection or search. An employee who is found to possess contraband on
District property or while on District business will be subject to discipline up to and including
discharge.
d) If an employee is the subject of a drug-related investigation by District or by a law enforcement
agency, the employee may be placed on administrative leave pending completion of the
investigation.
13) SUBSTANCE ABUSE POLICY FOR SAFETY SENSITIVE EMPLOYEES. This policy is also intended to
comply with all applicable Federal regulations governing workplace anti-drug programs in the
transportation industry. The Federal Motor Carrier Safety Administration (FMCSA) of the
Department of Transportation has enacted 49 CFR Part 382 that mandate urine drug testing and
breathalyzer alcohol testing for safety-sensitive positions and prevents performance of safety-
sensitive functions when there is a positive test result. The Department of Transportation has also
enacted 49 CFR Part 40 that sets standards for the collection and testing of urine and breath
specimens. In addition, the Department of Transportation has enacted 49 CFR Part 29, "The Drug-
Free Workplace Act of 1988," which requires the establishment of drug free workplace policies and
the reporting of certain drug-related offenses to the Department of Transportation. The policy
incorporates those requirements of safety-sensitive employees and others when so noted.
14) APPLICABILITY. This policy applies to all safety-sensitive employees and contractors when they are
on District property or when performing any District related business. It applies to off-site lunch
periods and breaks when a safety-sensitive employee is scheduled to return to work. Visitors,
vendors, and contracted employees are governed by this policy while on District premises, and they
will not be permitted to conduct business if found to be in violation of this policy.
a) A listing of Costa Mesa Sanitary District employee function and/or position classifications can be
found in Appendix 'A' of this policy statement. A safety-sensitive employee is considered to be
performing a safety-sensitive function during any period in which that employee is actually
performing, ready to perform, or immediately available to perform any safety-sensitive
functions.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 3.4
Effective Date:
Subject: Drug/Alcohol Abuse & Contraband Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 135 of 149 Effective:
Policy 3.4 – Drug/Alcohol Abuse & Contraband
15) PROHIBITED SUBSTANCES. "Prohibited substances" addressed by this policy include the following:
16) Drugs: Amphetamines, Cocaine, Marijuana, Opiates and Phencyclidine (PCP).
a) Alcohol. The use of beverages or substances, including any medication, containing alcohol such
that it is present in the body at a level in excess of that stated in Department of Transportation
guidelines while actually performing, ready to perform, or immediately available to perform any
District business is prohibited. "Alcohol" is defined as: the intoxicating agent in beverage
alcohol, ethyl alcohol, or other low molecular weight alcohol, including methyl or isopropyl
alcohol.
17) PROHIBITED CONDUCT.
a) Manufacture, Trafficking, Possession, and Use Any safety-sensitive employee engaging in the
unlawful manufacture, distribution, dispensing, possession or use of a controlled substance or
alcohol on District premises, in District vehicles or while conducting District business off the
premises is absolutely prohibited. Violation will result in removal from safety-sensitive duty and
immediately terminated.
b) Impaired/Not Fit for Duty Any safety-sensitive employee who is reasonably suspected of being
impaired, under the influence of a prohibited substance, or not fit for duty shall be removed
from safety-sensitive job duties and be required to undergo a reasonable suspicion controlled
substance or alcohol test. Employees failing to pass this reasonable suspicion controlled
substance or alcohol test shall remain off duty and be IMMEDIATELY TERMINATED. A controlled
substance or alcohol test is considered positive (failed) if the individual is found to have a
quantifiable presence of a prohibited substance in the body above the minimum thresholds
defined in the Department of Transportation guidelines.
c) Alcohol Use No safety-sensitive employee may report for duty or remain on duty when his/her
ability to perform assigned functions is adversely affected by alcohol or when his/her breath
alcohol concentration is 0.04 or greater. No safety-sensitive employee shall use alcohol while on
duty or while performing safety-sensitive functions. No safety-sensitive employee shall use
alcohol within four hours of reporting for duty nor during hours that he/she is on call. Violation
of this provision is prohibited and will subject the employee to removal from safety-sensitive
duty and referral to a Substance Abuse Professional (SAP).
d) Compliance with Testing Requirements All safety-sensitive employees are subject to controlled
substance testing and breath alcohol testing. Any safety-sensitive employee who refuses to
comply with a request for testing, who provides false information in connection with a test or
who attempts to falsify test results through tampering, contamination, adulteration, or
substitution shall be removed from duty immediately and be terminated. Refusal to submit to a
test can include an inability to provide a urine specimen or breathe sample without a valid
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 3.4
Effective Date:
Subject: Drug/Alcohol Abuse & Contraband Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 136 of 149 Effective:
Policy 3.4 – Drug/Alcohol Abuse & Contraband
medical explanation, as well as a verbal declaration, obstructive behavior or physical absence
resulting in the inability to conduct the test.
e) Treatment/Rehabilitation Program An employee with a controlled substance and/or alcohol
problem will be afforded an opportunity for treatment in accordance with the following
provisions:
i) Voluntary Admittance: All employees who feel they have a problem with controlled
substances and/or alcohol may request voluntary admission to a rehabilitation program.
Requests must be submitted to an Administrator or his/her designee for review. Program
costs and subsequent controlled substance and/or alcohol testing costs will be paid by the
safety- sensitive employee. An employee failing to complete the program will be subject to
termination from employment. An employee completing a rehabilitation program must
agree to and sign a Return-To-Duty Agreement, pass a return-to-duty controlled substance
and/or alcohol test and be subject to unannounced follow-up testing for 36 months
following return to duty. A positive result on the return-to-duty test or on the unannounced
follow-up tests within a 36 month period will result in termination from employment.
ii) Participants in the rehabilitation program many use accumulated sick leave, vacation and
floating holidays, if any.
18) NOTIFYING THE DISTRICT OF CRIMINAL DRUG CONVICTION. Pursuant to the "Drug Free Workplace
Act of 1988" any employee who fails to immediately notify the District of any criminal controlled
substance statute conviction shall be subject to disciplinary action, up to and including termination
of employment.
19) PROPER APPLICATION OF THE POLICY. The District is dedicated to assuring fair and equitable
application of this Substance Abuse Policy. Therefore, supervisors are required to administer all
aspects of the policy in an unbiased and impartial manner. Any supervisor who knowingly disregards
the requirements of this policy, or who is found to deliberately misuse the policy with respect to
his/her subordinates shall be subject to disciplinary action, up to and including termination.
20) TESTING FOR PROHIBITED SUBSTANCES.
a) Analytical urine controlled substance testing and breath testing for alcohol will be conducted as
required under Department of Transportation guidelines. All safety-sensitive employees shall be
subject to testing prior to employment, randomly, for reasonable suspicion, and following an
accident, as defined in the Department of Transportation guidelines. In addition, all safety-
sensitive employees will be tested prior to returning to duty after failing a controlled substance
and/or alcohol test. Employees who have returned to duty will be subject to unannounced
follow-up tests for up to five years, as determined by a Substance Abuse Professional (SAP).
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 3.4
Effective Date:
Subject: Drug/Alcohol Abuse & Contraband Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 137 of 149 Effective:
Policy 3.4 – Drug/Alcohol Abuse & Contraband
Safety-sensitive employees who perform safety-sensitive functions as defined in the
Department of Transportation guidelines shall also be subject to testing on randomly selected,
unannounced basis.
b) Testing shall be conducted in a manner to assure a high degree of accuracy and reliability and
using techniques, equipment, and laboratory facilities which have been approved by the
Department of Health and Human Services (DHHS). All testing will be conducted consistent with
the procedures put forth in the Department of Transportation guidelines.
c) The controlled substances that will be tested for include marijuana, cocaine, opiates,
amphetamines, and phencyclidine (PCP). An initial controlled substance screen will be
conducted on each specimen. For those specimens that are positive, a confirmatory Gas
Chromatography/Mass Spectrometry (GC/MS) test will be performed. The test will be
considered positive if the controlled substance levels present are above the minimum
thresholds established in the Department of Transportation guidelines.
d) Tests for alcohol concentration will be conducted utilizing an approved Evidential Breath Testing
device (EBT) operated by a trained Breath Alcohol Technician (BAT). If the initial test indicated
an alcohol concentration of 0.02 or greater, a confirmation test will be performed to confirm the
result of the initial test. An employee who has a confirmed alcohol concentration of 0.02 but
less than 0.04 will be removed from his/her position for at least twenty-four hours unless a
retest results in an alcohol concentration less than 0.02. An alcohol concentration of 0.04 or
greater will be considered a positive alcohol test and in violation of Department of
Transportation guidelines and this policy.
e) Any safety-sensitive employee who has a confirmed positive controlled substance or alcohol test
will be removed from his/her position, informed of educational and rehabilitation program
available, and immediately terminated.
f) The District affirms the need to protect individual dignity, privacy and confidentiality throughout
the testing process.
g) Employees in Safety-sensitive positions may be tested under any of the following circumstances:
i) Pre-Employment Testing All applicants for safety-sensitive classifications shall undergo urine
controlled substance testing prior to employment. Receipt of a satisfactory test result is
required prior to employment and failure of a controlled substance test will disqualify the
applicant from further consideration for employment. Pre-Employment testing
requirements will be conducted in compliance with current law.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 3.4
Effective Date:
Subject: Drug/Alcohol Abuse & Contraband Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 138 of 149 Effective:
Policy 3.4 – Drug/Alcohol Abuse & Contraband
ii) Reasonable Suspicion Testing All safety-sensitive employees will be subject to urine and /or
breathe testing when there is a reasons to believe that controlled substances or alcohol use
is adversely affecting job performance. A reasonable suspicion referral for testing will be
made on the basis of documented objective facts and circumstances which are consistent
with the effects of substance abuse. Examples of reasonable suspicion include, but are not
limited to, the following:
(1) Adequate documentation of unsatisfactory work performance or on-the-job behavior.
(2) Physical signs and symptoms consistent with prohibited substance use.
(3) Occurrence of a serious or potentially serious accident that may have been caused by
human error.
(4) Fights (to mean physical contact), assaults and flagrant disregard or violations of
established safety, security, or other operation procedures.
iii) Reasonable suspicion determinations will be made by a supervisor who is trained to detect
the signs and symptoms of controlled substance and alcohol use and who reasonably
concludes that an employee may be adversely affected or impaired in his/her work
performance due to prohibited substance abuse or misuse.
21) POST ACCIDENT TESTING. All safety-sensitive employees will be required to undergo controlled
substance and/or breathe alcohol testing if they are involved in an accident with a District
vehiclethat results in a fatality. This includes all safety-sensitive employees who are on duty in the
vehicles and any other whose performance could have contributed to the accident. In addition, a
post-accident test will be conducted if the safety-sensitive employee receives a citation within eight
(8) hours of the occurrence under State or local law for a moving traffic violation arising from the
accident, if the accident involved bodily injury to any person who, as a result of the injury,
immediately receives medical treatment away from the scene of the accident; or if one or more
motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to
be transported away from the scene by a tow truck or other motor vehicle.
a) Following an accident, the safety-sensitive employee will be tested as soon as possible, but not
to exceed eight (8) hours for alcohol and 32 hours for controlled substances. If an alcohol test is
not administered within two hours following the accident, the District shall prepare and
maintain a record stating the reasons the test was not promptly administered. Further, if an
alcohol test is not administered within eight (8) hours or a controlled substance test is not
administered within 32 hours following the accident, the District shall cease attempts to
administer testing and shall prepare and maintain a written record. Any safety-sensitive
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 3.4
Effective Date:
Subject: Drug/Alcohol Abuse & Contraband Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 139 of 149 Effective:
Policy 3.4 – Drug/Alcohol Abuse & Contraband
employee who leaves the scene of an accident without appropriate authorization prior to
submission to controlled substance and/or breath alcohol testing will be considered to have
refused the test and subject to termination. That being said, the testing requirement should not
be construed to require the delay of necessary medical attention for injured people following an
accident or to prohibit a safety-sensitive employee from leaving the scene of an accident for the
period necessary to obtain assistance in responding to the accident, or to obtain necessary
emergency medical care. Furthermore, the results of a breath alcohol, a blood alcohol or a urine
controlled substance test conducted by Federal, State, or local officials having independent
authority for the test, shall be considered valid, provided those tests conform to the applicable
Federal, State or local testing requirements, and that the results of the tests are obtained by the
District.
22) RANDOM TESTING. Employees working in safety-sensitive classifications will be subjected to
randomly selected, unannounced testing. The random selection will be by a scientifically valid
method. Each safety- sensitive employee will have an equal chance of being tested each time
selections are made. Safety-sensitive employees will be tested either just before departure, or
during duty, or just after the safety-sensitive employee has ceased performing his/her duty.
23) EMPLOYEE REQUESTED TESTING. Any safety-sensitive employee who questions the result of a
required controlled substance test under Department of Transportation guidelines may request that
an additional test be conducted. This additional test may be conducted at the same laboratory or at
a different DHHS certified laboratory. The test must be conducted on the split sample that was
provided at the same time as the original sample. All costs for such testing are to be paid by the
employee unless the second test invalidated the original test. The method of collecting, storing, and
testing the split sample will be consistent with the procedures set forth in the Department of
Transportation guidelines. The safety-sensitive employee's request for a retest must be made to the
MRO within 72 hours of notice of the initial test result. Requests after 72 hours will only be accepted
if the delay was due to documentable facts that were beyond the control of the employee.
24) EMPLOYEE ASSESSMENT. Any safety-sensitive employee who tests positive for the presence of
controlled substances or whose breath alcohol concentration is above the minimum thresholds set
forth in the Department of Transportation guidelines will be immediately terminated.
a) If a safety-sensitive employee is returned to duty following rehabilitation, he/she must agree to
and sign a Return-To-Duty Agreement, pass a return-to-duty controlled substance and/or
alcohol test and be subject to unannounced follow-up tests for a period of one to five years, as
determined by the SAP. The cost of any rehabilitation and subsequent controlled substance
and/or alcohol testing is borne by the safety-sensitive employee and is on a one time basis only.
Employee will be immediately terminated on the occurrence of a second verified positive test
result. Employees may use accumulated sick leave, vacation and floating holidays, if any, to
participate in the prescribed rehabilitation program.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 3.4
Effective Date:
Subject: Drug/Alcohol Abuse & Contraband Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 140 of 149 Effective:
Policy 3.4 – Drug/Alcohol Abuse & Contraband
25) CONTACT PERSON. Any questions regarding this policy should contact the following District
Designated Employer Representative (DER):
a) General Manager or Designee Manager
628 West 19th Street, Costa Mesa, CA 92627 (949) 645-8400 ext. 224
b) The DER of the District will maintain a list of the specific positions within the above listed
classifications that are covered under Department of Transportation regulations.
26) CONFIDENTIALITY. All information relating to drug or alcohol testing or the identification of persons
as users of drugs and alcohol will be protected by District as confidential unless otherwise required
by law, overriding public health and safety concerns, or authorized in writing by the persons in
question.
27) APPENDIX A. SAFETY-SENSITIVE EMPLOYEE (FUNCTION AND/OR POSITION) CLASSIFICATIONS FOR
COSTA MESA SANITARY DISTRICT.
a) Class "A" commercial driver’s license holder
b) Class "B" commercial driver’s license holder
c) Class "C" driver’s license holder with a Hazardous Materials Endorsement
d) The DER of the District will maintain a list of the specific positions within the above listed
classifications that are covered under Department of Transportation regulations.
28) PROCEDURES FOR COSTA MESA SANITARY DISTRICT REASONABLE SUSPICION TESTING. A safety-
sensitive employee who may possibly be under the influence of alcohol and/or controlled
substances is observed by a supervisor.
a) Any employee may identify someone suspected of alcohol and/or controlled substance to any
supervisor. Employees should realize, however, that it is against District policy to make false or
malicious statements about other employees and doing so can result in disciplinary action being
taken against the offending employee. However, the supervisor must witness firsthand the
safety-sensitive employee's signs and symptoms.
b) The supervisor is then obligated to insure that the matter is immediately investigated.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 3.4
Effective Date:
Subject: Drug/Alcohol Abuse & Contraband Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 141 of 149 Effective:
Policy 3.4 – Drug/Alcohol Abuse & Contraband
c) If possible, two supervisors determine (independently or together) that the safety- sensitive
employee in question may indeed be under the influence of alcohol and/or controlled
substances.
d) When the supervisor(s) suspect and believe that the safety-sensitive employee may be under
the influence of alcohol and/or controlled substances, the safety-sensitive employee is then
immediately suspended from duty (with pay) and driven by District staff (or others designated)
to the District specified collection site. Because of a testing facility requirement, the safety-
sensitive employee in question must show proof of identification, such as a photo driver’s
license or state-issued photo identification card.
e) Whenever practical, an Administrator should be notified in advance of the employee being
taken to the collection site.
f) At the collection site, the safety-sensitive employee will be required to submit a urine sample in
the event that controlled substances are suspected or a breath sample in the event that alcohol
intoxication is suspected to the on-duty technician. Care will be taken to provide the safety-
sensitive employee with maximum privacy without compromising the integrity of the sample.
g) The District will take precautions to prevent the safety-sensitive employee being tested from
going back to work and driving their own car home. Instead, the safety- sensitive employee will
be given assistance in obtaining a ride home from the collection site.
h) The safety-sensitive employee whose test results are negative (less than 0.02 alcohol
concentration) will be reinstated. The safety-sensitive employee whose confirmation test results
indicate an alcohol concentration greater than 0.02 but less than 0.04, will not be permitted to
return to duty or perform a safety-sensitive function for 24 hours after administration of the
test. The safety-sensitive employee whose confirmation test result indicates an alcohol
concentration of 0.04 or greater for alcohol will immediately terminated.
i) The safety-sensitive employee whose controlled substance test results are verified negative will
be reinstated. The safety-sensitive employee whose controlled substance test is verified positive
by the Medical Review Officer will be immediately terminated.
29) PROCEDURES - RANDOM TESTING. The compliance District notifies the supervisor to send the
safety-sensitive employee to the collection site for alcohol and/or controlled substance testing.
a) The supervisor notifies the safety-sensitive employee to go to the collection site for alcohol
and/or controlled substance testing immediately. Because of a testing facility requirement, the
safety-sensitive employee in question must have proof of identification, such as a photo driver’s
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 3.4
Effective Date:
Subject: Drug/Alcohol Abuse & Contraband Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 142 of 149 Effective:
Policy 3.4 – Drug/Alcohol Abuse & Contraband
license or state-issued photo identification card.
b) At the collection site, the safety-sensitive employee will be required to submit a urine sample in
the event that controlled substances are to be tested for, or a breath sample in the event that
alcohol is being tested for to the on-duty technician. Care will be taken to provide the safety-
sensitive employee with maximum privacy without compromising the integrity of the sample.
c) The safety-sensitive employee whose test results are negative (less than 0.02 alcohol
concentration) will be reinstated. The safety-sensitive employee whose confirmation test results
indicate an alcohol concentration greater than 0.02 but less than 0.04, will not be permitted to
return to duty or perform a safety-sensitive function for 24 hours after administration of the
test. The safety-sensitive employee whose confirmation test result indicates an alcohol
concentration of 0.04 or greater for alcohol will be immediately terminated.
d) The safety-sensitive employee whose controlled substance test results are verified negative will
be reinstated. The safety-sensitive employee whose controlled substance test is verified positive
by the Medical Review Officer will be immediately terminated.
30) PROCEDURES - POST ACCIDENT. The safety-sensitive employee notifies a supervisor that an
accident has occurred.
a) The supervisor determines that the circumstances of the accident warrant a post- accident test
when a citation was issued or a fatality occurred. Thereafter, the supervisor directs the safety-
sensitive employee to immediately go to the collection site for alcohol and controlled substance
testing. Because of a testing facility requirement, the safety-sensitive employee in question
must have proof of identification, such as a photo driver’s license or state-issued photo
identification card.
b) At the collection site, the safety-sensitive employee will be required to submit a urine sample
for controlled substances and a breath sample for alcohol testing to the on- duty technician.
Care will be taken to provide the safety-sensitive employee with maximum privacy without
compromising the integrity of the sample.
c) An Administrator will be notified that an accident has occurred and that the safety- sensitive
employee was instructed to go to the collection site.
d) The safety-sensitive employee whose test results are negative (less than 0.02 alcohol
concentration) will be reinstated. The safety-sensitive employee whose confirmation test results
indicate an alcohol concentration greater than 0.02 but less than 0.04, will not be permitted to
return to duty or perform a safety-sensitive function for 24 hours after administration of the
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 3.4
Effective Date:
Subject: Drug/Alcohol Abuse & Contraband Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 143 of 149 Effective:
Policy 3.4 – Drug/Alcohol Abuse & Contraband
test. The safety-sensitive employee whose confirmation test result indicates an alcohol
concentration of 0.04 or greater for alcohol will be immediately terminated.
e) The safety-sensitive employee whose controlled substance test results are verified negative will
be reinstated. The safety-sensitive employee whose controlled substance test is verified positive
by the Medical Review Officer will be immediately terminated.
31) PROCEDURES - CHAIN OF CUSTODY FOR CONTROLLED SUBSTANCE SPECIMENS. At the time a
specimen is collected, the safety-sensitive employee will be given a copy of the specimen collection
procedures.
a) Urine will be in a wide-mouthed clinic specimen container which will remain in full view of the
safety-sensitive employee until split, transferred to, sealed and initialed in two tamper-resistant
urine bottles.
b) Immediately after the specimens are collected, the urine bottles will, in the presence of the
safety-sensitive employee, be labeled and then initialed by the employee. If the sample must be
collected at the site other than the controlled substance and/or alcohol testing laboratory, the
specimens will then be placed in the transportation container. The container will be sealed in
the safety-sensitive employee's presence and the safety-sensitive employee will be asked to
initial or sign the container. The container will be sent to the designated testing laboratory on
that day or the earliest business day by the fastest available method.
c) A chain of custody form will be completed by the on-duty technician during the specimen
collection process and attached to and mailed with the specimen.
32) PROCEDURES - SPECIMEN COLLECTION OF STRANGE AND/OR UNRECOGNIZABLE SUBSTANCES. A
safety-sensitive employee is observed with a strange and/or unrecognizable substance.
a) The supervisor, in the presence of a witness, places the strange and/or unrecognizable
substance into a clear plastic bag. The bag is sealed, labeled and signed by both the supervisor
and a witness.
b) An incident report is made and signed by both the supervisor and a witness.
c) The plastic bag containing the specimen and a copy of the incident report is taken to the
collection site for transportation to the laboratory for analysis.
33) PROCEDURES - ALCOHOL CONCENTRATION. The safety-sensitive employee and the on duty Breath
Alcohol Technician (BAT) complete the alcohol testing form to ensure that the results are properly
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 3.4
Effective Date:
Subject: Drug/Alcohol Abuse & Contraband Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 144 of 149 Effective:
Policy 3.4 – Drug/Alcohol Abuse & Contraband
recorded.
a) After an explanation of how the breathalyzer works, an initial breath sample is taken.
b) If the results of the initial test show an alcohol concentration of 0.02 or greater a second or
confirmation test must be conducted. The confirmation test must not be conducted less than 15
minutes after, nor more than 20 minutes after the screening test.
c) The confirmation test will utilize Evidential Breath Testing devices that prints out the results,
date and time, a sequential test number, and the name and serial number of the Evidential
Breath Testing device to ensure the reliability of the results.
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 3.5
Effective Date:
Subject: Workers’ Compensation Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 145 of 149 Effective: April 27, 2015
Policy 3.5 – Workers’ Compensation
1) All employees of the District are entitled to workers’ compensation rights and benefits per
California Labor Code.
2) The District’s workers’ compensation coverage is provided by the Special District Risk Management
Authority (SDRMA).
3) The District utilizes a Medical Provider Network (MPN), Well Comp Managed Care Services, which
is an entity of health care providers approved by the DWC (Department of Workers’
Compensation) administrative director to treat workers injured on the job. Information about the
MPN is posted at the District and provided upon hire and notice of workplace injury or illness.
4) Employees may be treated by a personal physician instead of the MPN, if selected in advance. To
do so, the employee must provide written notice to the District prior to a workplace injury or
illness stating that their physician agrees to provide treatment. Notice may also be provided using
the optional SDRMA Notice of Pre-designation of Personal Physician form.
5) After an employee is injured, the employee shall immediately notify their supervisor. The
supervisor shall ensure necessary medical treatment is provided by either referring the employee
to the District’s Company Nurse Program or calling the District’s Company Nurse on the
employee’s behalf.
6) The Company Nurse will inform the employee of available treatment options and provide
instructions for any follow-up care.
7) The injured employee or their designated representative shall receive and complete the employee
portion of the Department of Workers Compensation form (DWC 1).
8) If an employee declines to have medical treatment, they must complete the employee portion of
the Declination of Medical Treatment and Incident Form.
9) All forms must be returned to supervisors within 24 hours of notification of a workplace illness or
injury.
10) Employees should retain a copy of all forms for their records.
11) Supervisors must complete the employer portion of the (DWC 1) form.
12) If the employee declines treatment, supervisors must complete the employer portion of the
Declination of Medical Treatment and Incident Form.
13) For employees requesting medical treatment, supervisors must complete Form 5020 (Employer’s
Costa Mesa Sanitary District
Employee Handbook
Policy Number: 3.5
Effective Date:
Subject: Workers’ Compensation Supersedes:
Approved by: Signature:
CMSD Employee Handbook Page 146 of 149 Effective: April 27, 2015
Policy 3.5 – Workers’ Compensation
Report of Occupational Injury or Illness); write the employee’s name and incident date on the
Treating Physician Checklist and print, sign, and date the initial treatment authorization.
14) All forms shall be completed within 24 hours of notification of a workplace injury or illness.
15) Employees should take the Treating Physician Checklist and treatment authorization to the
designated medical facility or pre-designated physician.
16) In addition, supervisors are required to complete the Supervisor Incident Form for any treated or
untreated workplace injury or illness and mail it, along with indicated attachments to:
York Insurance Services Group
313 East Foothill Blvd.
Upland, CA 91786
17) Any employee who is eligible for temporary disability payments under the workers'
compensation law shall, for the duration of such payments, receive only that portion of regular
salary which, together with said payments, will equal regular salary.
18) Unless otherwise advised in writing by the employee within a five-day period, such salary
payments made during a period of temporary disability payments shall be charged against the
employee's accumulated paid time off.
19) Should the employee's accumulated paid time off be exhausted, the employee shall be subject to a
leave of absence without pay.
20) In order for the employee to not endure an undue hardship caused by the time lag involved
in temporary disability, the employee, at the discretion of the General Manager, may be paid full
salary to the extent of accumulated paid time off.
21) Upon receipt of temporary disability payments, the employee shall endorse such payments to the
District.
22) After exhausting paid time off, and while the employee continues to receive workers'
compensation benefits, the District may collect from the employee the employee's cost of
insurance and the District may pay the employer's cost of insurance.
23) After the employee has exhausted paid time off and workers’ compensation benefits, the
employee will be responsible for paying the entire employer/employee cost of insurance.
EMPLOYEE HANDBOOK - APPENDIX A COMPENSATION & BENEFITS SUMMARY
FULL-TIME EMPLOYEES
CMSD Employee Handbook Page 147 of 149 Revised 7/1/2015
Appendix A
FULL-TIME EMPLOYEES SOURCE
COMPENSATION
• Merit Pay – 0-5% based on performance and salary
• Salary Range Adjustments – determined annually, based on CPI (Consumer Price
• Handbook
• Handbook
HEALTH BENEFITS
• “Benefits Bucket” – $920 to $1,380/month to pay for medical, dental, vision
and/or supplemental life insurance, as applicable. Must elect medical or provide
proof of opt-out.
o Medical Insurance is provided by CalPERS
o Dental Insurance is provided by Delta
o Vision Insurance is provided by VSP (Vision Service Plan) o Life Insurance is provided by Voya (a.k.a. ReliaStar Life or ING)
• District-Paid Life Insurance ($50,000 plan) provided by Voya
• District-Paid Long-Term Disability Insurance provided by Voya
• District-Paid EAP (Employee Assistance Programs) through MHN & ComPysch
• Handbook o CalPERS Plan Document o SDRMA
Plan Document o SDRMA Plan
Document o SDRMA Plan Document
• ING Plan Document
• ING Plan Document
• Handbook, SDRMA & Voya Plan
Documents
VOLUNTARY BENEFITS (Employees Pay All Costs)
• ICMA-RC Deferred Compensation Plan (457b) with hardship loan option
• Technology Loans - $200 to $2,500, one at a time after 6 months’ of service
• Tuition Reimbursement Program - $5,000 max per calendar year after 6 months’
service
• Short-Term Disability Insurance provided by AFLAC
• Hospital Advantage Insurance provided by AFLAC
• Cancer Care Insurance provided by AFLAC
• Accident Insurance provided by AFLAC
• Handbook/Plan Doc
• Handbook
• Handbook
• AFLAC Plan Documents
• AFLAC Plan Documents
• AFLAC Plan Documents
• AFLAC Plan Documents
OTHER BENEFITS
• Rewarding Ideas Program – up to $1000 for improvement suggestions
• Safety Award for Excellence – monthly/annual recognition awards
• District-Paid Travel Assistance & Funeral Planning/Concierge provided by Voya
• Admin. Regulations
• Admin. Regulations
• Voya Plan Document
PAID TIME OFF
• Sick Leave – 3.70 hours per pay period
• Vacation – 92 to 188 hours annually based on years of service with cash out option
• Compensatory Time – if applicable. With approval, may convert overtime to comp
time.
• Holidays – 12 in total (New Year’s, Martin Luther King, Presidents’, Memorial, 4th
of July, Labor Day, Thanksgiving -Thu & Fri, Veterans’, Christmas, & Two 8-hour
Floating Holidays)
• Bereavement –5 day maximum per instance
• Handbook
• Handbook
• Handbook
• Handbook
• Handbook
• Handbook
• Handbook
RETIREMENT
• CalPERS 2% at 62 - new members; CalPERS 2% at 60 – classic members (CalPERS
2% @ 55 for employees hired before 7/1/11)
• Retirement Health Savings (RHS) Plan provided by ICMA-RC. Employees
contribute 1%; District matches 1%. Employee amounts vest immediately,
District after 5 years of service.
• Handbook/CalPERS Plan
• RHS Plan Document
EXEMPT EMPLOYEES
• Executive Leave – 40 hours per fiscal year with 20 hour cash out option
• Handbook
DESIGNATED EMPLOYEES
• Cell Phone Allowance
• Handbook
EMPLOYEE HANDBOOK - APPENDIX A COMPENSATION & BENEFITS SUMMARY
FULL-TIME EMPLOYEES
CMSD Employee Handbook Page 148 of 149 Revised 7/1/2015
Appendix A
SEWER EMPLOYEES
• Sewer Crew Premium Pay – 1.5% for each CWEA certification grade
• Welder Premium Pay – 1.5% for welding certification
• Safety Shoe Reimbursement – up to $150 every 12 months
• Handbook
• Handbook
• Handbook
STANDBY EMPLOYEES
• Standby Pay - $50 per day
• Phone Advice Pay - minimum 1 hour pay
• Call Out Pay – overtime for hours worked
• Handbook
• Handbook
• Handbook
This Document is intended as a summary. Refer to source documents for details.Information is subject to change. See Human Resources for questions.
EMPLOYEE HANDBOOK - APPENDIX A
COMPENSATION & BENEFITS SUMMARY
PART-TIME EMPLOYEES
CMSD Employee Handbook Page 149 of 149 Revised 7/1/2015
Appendix A
PART-TIME EMPLOYEES SOURCE
COMPENSATION
• Merit Pay – 0-5% based on performance
• Salary Range Adjustments – reviewed annually based on CPI (Consumer Price Index)
• Handbook
• Handbook
HEALTH BENEFITS
• District-Paid EAP (Employee Assistance Programs) through MHN & ComPysch
• CalPERS Medical Insurance Plan (if eligible, must pay all costs)
• Handbook, SDRMA & Voya
Plan Documents
• Varies, see Full-time list
VOLUNTARY BENEFITS (Employees Pay All Costs)
• Technology Loans - $200 to $2,500, one at a time after 6 months’ of District service
• Handbook
OTHER VOLUNTARY BENEFITS
• Rewarding Ideas Program – up to $1000 for improvement suggestions
• Safety Award for Excellence – monthly/annual recognition awards
• District-Paid Travel Assistance & Funeral Planning/Concierge provided by Voya
• Admin. Regulations
• Admin. Regulations
• Voya Plan Document
PAID TIME OFF
• Military/ Reserve Duty Leave (per law)
• Handbook
RETIREMENT
• CalPERS 2% at 62 - new members
• CalPERS 2% at 60 – classic members
• Handbook/CalPERS Plan
• Handbook/CalPERS Plan
DESIGNATED EMPLOYEES
• Cell Phone Allowance
• Handbook
SEWER EMPLOYEES
• Sewer Crew Premium Pay – 1.5% for each CWEA certification grade
• Welder Premium Pay – 1.5% for welding certification
• Safety Shoe Reimbursement – up to $150 every 12 months
• Handbook
• Handbook
• Handbook
STANDBY EMPLOYEES
• Standby Pay - $50 per day
• Phone Advice Pay - minimum 1 hour pay
• Call Out Pay – overtime for hours worked
• Handbook
• Handbook
• Handbook
This Document is intended as a summary. Refer to source documents for details.Information is subject to change. See Human Resources for questions.
Costa Mesa Sanitary District
... an Independent Special District
Resolution No. 2016-884 – Authorizing the Sale of the Property at 628 W 19th Street,
Costa Mesa, and Making Findings Relating Thereto
Item Number:15.
Recommendation/Notes:
Recommendation: That the Board of Directors approves adopting Resolution No. 2016-884
authorizing the sale of the property at 628 W. 19th Street, Costa Mesa, and making findings
relating thereto.
ATTACHMENTS:
Description Type
Resolution No. 2016-884 – Authorizing the Sale of the Property at 628
W 19th Street, Costa Mesa, and Making Findings Relating Thereto Cover Memo
RESOLUTION NO. 2016-884
A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE COSTA MESA SANITARY DISTRICT
AUTHORIZING THE SALE OF THE PROPERTY AT 628 W 19TH STREET, COSTA MESA, AND MAKING FINDINGS RELATING THERETO
WHEREAS, the Board of Directors purchased the property at 628 W 19th Street
in the City of Costa Mesa (hereinafter “Said Property”) in 2004 and has used the building as the District’s headquarters since then; and
WHEREAS, the District’s operations have now expanded and Said Property can
no longer accommodate those operations, necessitating a larger building and property;
and WHEREAS, pursuant to Health and Safety Code § 6514 the District may, in the
furtherance of its purposes, dispose of property as the Board finds to be no longer
required for the purposes of the District; and
WHEREAS, the District has submitted the disposal of Said Property to the City of Costa Mesa planning agency for General Plan conformance pursuant to Government
Code § 65402 (c); and
WHEREAS, the sale of said property will be a reuse of an existing building and therefore exempt from CEQA under the Guidelines as minor interior and exterior alterations (15301), and construction or conversion of small structures (15303);
NOW, THEREFORE, the Board of Directors does hereby RESOLVE as follows:
1. That the above findings are true and correct and are hereby adopted.
2. That the Board President, Secretary, General Manager, Treasurer and Finance
Director are directed to take actions and sign any documents necessary to sell
and transfer the property, in accordance with properly given authority. PASSED and ADOPTED this 26th day of May 2016. ________________________________________________ Secretary, Costa Mesa Sanitary District President, Costa Mesa Sanitary District
Board of Directors Board of Directors
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, Noelani Middenway, Clerk of the Costa Mesa Sanitary District, hereby certify
that the above and foregoing Resolution No. 2016-884 duly and regularly passed and adopted by said Board of Directors at a special meeting thereof held on the 26th day of May, 2016 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Costa Mesa Sanitary District, this 26th day of May, 2016.
_________________________________
Noelani Middenway Clerk of the Costa Mesa Sanitary District
Costa Mesa Sanitary District
... an Independent Special District
Board of Directors Health Insurance
Item Number:16.
Recommendation/Notes:
Recommendation: That the Board of Directors:
1. That the Board of Directors direct staff to file a termination resolution for non-CalPERS
members to be filed in July 2016 with an effective date of January 2017; or
2. That the Board of Directors continue the option for Board members to participate in the
District’s health insurance plan.
ATTACHMENTS:
Description Type
Board of Directors Health Insurance Cover Memo
Protecting our community's health and the environment by providing solid waste and sewer collection services.
www.cmsdca.gov
Costa Mesa Sanitary District
….an Independent Special District
Memorandum
To: Board of Directors
Via: Scott Carroll, General Manager
From: Dyana Bojarski, Management Analyst II
Date: May 26, 2016
Subject: Board of Directors Health Insurance
Summary
On May 22, 2014, staff presented information to the Board of Directors regarding the
Public Employees’ Medical and Hospital Care Act (PEMHCA) and the option for Board members to participate in the District’s health insurance plan. The Board discussed this matter and directed staff to continue to maintain a health insurance plan that
included non-CalPERS members. The Board of Directors has asked to revisit the
option of participation by Board members in District offered health plans and to
consider adopting a resolution of termination and file it with CalPERS during the applicable 60 day window period.
Staff Recommendation
1. That the Board of Directors direct staff to file a termination resolution for non-
CalPERS members to be filed in July 2016 with an effective date of January 2017;
or 2. That the Board of Directors continue the option for Board members to participate in
the District’s health insurance plan.
Analysis
Board of Directors May 26, 2016
Page 2 of 3
Board Health Plan Background: The Board of Directors elected to participate in the
District’s health insurance plan effective January 1, 2012. At that time, the Board
adopted resolution number 2011-806, which created a Non-CalPERS health
agreement between the District and CalPERS. This agreement allows Non-CalPERS
members, such as the Board of Directors, the option to participate in the District’s
group health insurance plans, as administered through CalPERS. Under the Public
Employees Medical and Hospital Care Act (PEMHCA), government agencies are required to pay a portion of public employees and elected officials health premiums.
The District fulfills this requirement by contributing to the Districts Deferred
Compensation plan for each Board member. The District currently contributes $1.00
per month per Board Member which is $60 annually.
Board Health Plan Status: The Board of Directors can receive health insurance
benefits if they elect coverage. Currently, there are no members of the Board participating in the health plan. This status does not incur any penalties nor does it
incur any maintenance costs to the District.
Contractual Requirements: Section 599.515 of Title 2 of the California Code of
Regulations addresses contract termination requirements and provides that a
resolution to terminate PEMHCA participation must be filed with the Health Benefits
Division of CalPERS no later than 60 days after the CalPERS Board of Administration
approves and announces the health premium rates for the following year. The termination becomes effective at the end of the current contract year. The regulation
further provides that the election to terminate is irrevocable after its filing with the
Health Benefits Division and a resolution electing to be subject to PEMCHA may not
be filed thereafter within five years of the termination date. Any future election to again
become subject to PEMCHA cannot be filed thereafter for a period of five years.
Election to terminate: CalPERS Board of Administration is expected to announce the new health premiums for 2017 in June 2016. For this year, the 60 day “window” to
elect to terminate has yet not occurred. If the Board elects to file a termination
resolution, staff would need to file it in July of 2016 for it to take effect on January 1,
2017. The re-entry to PEMHCA is five years from the date of termination.
Strategic Plan Element Goal
This item complies with Strategic Element 5.0, Administrative Management, which
states:
Objective: To create, maintain and implement policies and procedures to ensure
sound and transparent management of the District.
Strategy: We will conduct periodic reviews, refine and implement policies and
procedures, and ensure the General Manager has the direction and tools necessary for successful District operations.
Board of Directors May 26, 2016
Page 3 of 3
Legal Review
Should the Board of Directors direct staff to file a termination resolution for non-
CalPERS members, District Counsel will review said resolution at that time.
Environmental Review Discussion, including any action taken involving the District’s health plan coverage, is
an administrative matter and not a disturbance of the environment similar to grading or
construction. The discussion is not a project under CEQA or the District’s CEQA
Guidelines.
Financial Review
To comply with PEHMCA regulations, the District contributes $1.00 per month to the
District’s Deferred Compensation plan for each Board member at a total of $60.00
annually. Effective on the date of termination of the health contract for Non-PERS
employees, the District is no longer required to contribute to the Deferred Compensation plan on behalf of the Board members, resulting in an annual savings of
$60.00.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet
for the May 26, 2016 Board of Directors meeting at District Headquarters and posted
on the District’s website.
Attachment: 1. Board Health Insurance Resolution No. 2011-806
CMSD RESOLUTION NO. 806
RESOLUTION ELECTING TO BE SUBJECT TO
PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT
AND
FIXING THE EMPLOYER'S CONTRIBUTION FOR EMPLOYEES AND THE
EMPLOYER'S CONTRIBUTION FOR RETIREES AT DIFFERENT AMOUNTS
WHEREAS, (1) Government Code Section 22922(a) extends the benefits of the Public
Employees' Medical and Hospital Care Act to employees of contracting
agencies on proper application by an agency; and
WHEREAS, (2) Government Code Section 22892(c) provides that a contracting agency
may fix the amount of the employer's contribution for employees and the
employer's contribution for retirees and survivors at different amounts,
provided that the monthly contribution for annuitants is annually increased
to equal an amount not less than the number of years the contracting
agency has been subject to this subdivision multiplied by 5 percent of the
current monthly contribution for employees, until such time as the
amounts are equal; and
WHEREAS, (3) Government Code Section 22920(b) defines any Special District as a
contracting agency, and
WHEREAS, (4) A Special District is hereby defined as a non-profit, self-governed public
agency within the State of California, and comprised solely of public
employees performing a governmental rather than proprietary function,
and
WHEREAS, (5) The Costa Mesa Sanitary District hereinafter referred to as Special District
is an entity meeting the above definition; and
WHEREAS, (6) The Special District desires to obtain for its employees, retired employees,
and survivors the benefit of the Act and to accept the liabilities and
obligations of an employer under the Act and Regulations; now, therefore,
be it
RESOLVED, (a) That the Special District elect, and it does hereby elect, to be subject to
the provisions of the Act; and be it further
RESOLVED, (b) That the employer's contribution for each employee shall be the amount
necessary to pay the full cost of his enrollment, including the enrollment of
his family members in a health benefits plan up to a maximum of the
minimum employer health contribution amount per month; and be it
further
RESOLVED, (c) That the employer's contribution for each retired employee or survivor
shall be the amount necessary to pay the cost of his enrollment, including
the enrollment of his family members, in a health benefits plan up to a
maximum o one dollar per month; and be it further
RESOLVED, (d) That the employer's contribution for each retiree or survivor shall be
increased annually by five percent of the monthly contribution for
employees, multiplied by number of years of employer's participation in
PEMHCA, until such time as the contributions are equal;
And that the contributions for employees, retired employees and survivors
shall be in addition to those amounts contributed by the Special District for
administrative fees and to the Contingency Reserve Fund; and be it
further
RESOLVED, (e) That the Costa Mesa Sanitary District has fully complied with any and all
applicable provisions of Government Code Section 7507 in electing the
benefits set forth above; and be it further
RESOLVED, (f) That the executive body appoint and direct, and it does hereby appoint
and direct, Joan Revak to file with the Board of Administration of the
Public Employees' Retirement System a verified copy of this Resolution,
and to perform on behalf of said Special District all functions required of it
under the Act and Regulations of the Board of Administration; and be it
further
RESOLVED, (g) That coverage under the Act be effective on January 1, 2012.
Adopted at a regular/special meeting of the Costa Mesa Sanitary District at the Costa Mesa
Sanitary District headquarters this 30th day of November 2011.
Signed:
y
rt •
Attest:
S?cret ry
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. 2011-806, was duly and regularly passed and adopted by said
Board of Directors at a regular meeting thereof held on the 30th day of November 2011.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
Costa Mesa Sanitary District, this 30th day of November 2011.
Clerk o "t,Cpsta_Mesa,Sanitary District
Costa Mesa Sanitary District
... an Independent Special District
Ordinance No. 115 Confirming Annual Charges for Solid Waste and Sewer for FY
2016-17
Item Number:17.
Recommendation/Notes:
Recommendation: That the Board of Directors adopt Ordinance No. 115.
ATTACHMENTS:
Description Type
Ordinance No. 115 Confirming Annual Charges for Solid Waste and
Sewer for FY 2016-17 Cover Memo
ORDINANCE NO. 115
AN ORDINANCE OF THE BOARD OF
DIRECTORS OF THE COSTA MESA
SANITARY DISTRICT CONFIRMING ANNUAL
CHARGES FOR SOLID WASTE AND
WASTEWATER FOR 2016-2017
WHEREAS, District has implemented the procedure set forth in Health & Safety
Code section 5470 et seq. for imposing wastewater and solid waste charge collection on
the tax rolls by duly-noticing and conducting a public hearing thereon; and
WHEREAS, since District implemented that procedure, Proposition 218 was
passed, adding Article XIIID to the California Constitution, and requiring a 45-day noticed
public hearing before rates are imposed or increased; and
WHEREAS, the law also allows a five year increase in rates if certain hearing
procedures are employed; and
WHEREAS, the District has adopted solid waste and wastewater charges in
compliance therewith Article XIIID and the District has adopted a five year schedule of
increases for wastewater rates in accordance with the law; and
WHEREAS, the law requires an annual imposition of those rates on the current
tax roll and a certification of a report to the Auditor that the imposition is accurate and that
the charges are correctly set forth for each the parcel pursuant to Health & Safety Code
section 5473; and
WHEREAS, the law requires a noticed public hearing to provide a hearing for
objections to the report by those to be assessed; and
WHEREAS, the Board has taken these actions by separate resolutions for each
charge since the Auditor prefers a resolution; and
WHEREAS, some local finance experts believe these actions should be taken by
ordinance since Health & Safety Code section 5471 provides that these charges may only
be imposed by ordinance;
NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary District
does hereby ORDAIN as follows:
Ordinance No. 115
Section 1. That the charges set forth in Resolution Nos. 2016-XXX and 2016-
XXX for wastewater and solid waste charges for 2016-2017 fiscal year, respectively, are
hereby confirmed by the adoption of this ordinance, which shall be kept on file with the
District.
Section 2. Should any part, clause or section of this Ordinance be declared by
any Court of competent jurisdiction to be invalid, the remaining provisions of this
Ordinance shall nevertheless be and remain in full force and effect and the Board of
Directors of the Costa Mesa Sanitary District of Orange County, California, hereby
declares that each and every section, clause, provision or part of this Ordinance would
have been adopted and made a part of this Ordinance without the adoption of any portion
thereof and that the invalidity of any part or provision hereof shall not in any way affect
the validity or enforcement of the remaining provisions of this Ordinance that may stand
on their own.
Section 3. Pursuant to Health and Safety Code sections 6490 and 6491.3, the
Clerk shall cause this ordinance or a summary thereof to be published in a newspaper of
general circulation printed and published in the District according to law
PASSED and ADOPTED this day of , 2016.
Secretary President
Legal Review:
District Counsel
//
//
//
//
//
Ordinance No. 115
//
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, NOELANI MIDDENWAY, Clerk of the Costa Mesa Sanitary District, hereby
certify that the above and foregoing Ordinance No. 115 was duly and regularly passed
and adopted by said Board of Directors at a regular meeting thereof, held on the
day of , 2016 by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Costa
Mesa Sanitary District, this day of , 2016.
Clerk of the Costa Mesa Sanitary District
Costa Mesa Sanitary District
... an Independent Special District
Consideration of Solid Waste Annual Charges and the Wastewater Annual Charges
for FY 2016-17 to be Collected with the General Taxes
Item Number:18.
Recommendation/Notes:
Recommendation: That the Board of Directors:
1. Adopt Resolution No. 2016-885 confirming the solid waste annual charges for FY 2016-17
to be collected with the general taxes and direct the District Clerk to file with the County
Auditor; and
2. Adopt Resolution No. 2016-886 confirming the wastewater annual charges for FY 2016-17
to be collected with the general taxes and direct the District Clerk to file with the County
Auditor.
ATTACHMENTS:
Description Type
Consideration of Solid Waste Annual Charges and the Wastewater
Annual Charges for FY 2016-17 to be Collected with the General
Taxes
Cover Memo
Costa Mesa Sanitary District
…an Independent Special District
Protecting our community’s health and the environment by providing solid waste and sewer collection services.
www.cmsdca.gov
Memorandum
To: Board of Directors
Via: Scott Carroll, General Manager
From: Alan Burns, District Counsel
Date: May 26, 2016
Subject: Consideration of Solid Waste Annual Charges and The Wastewater
Annual Charges for FY 2016-17 to be Collected with the General Taxes
Summary
The District adopted the procedures authorized by Health and Safety Code Section 5470
that allows solid waste and wastewater charges to be collected on the assessment roll. To do so we must adopt a report assessing the charges against the parcels every year. The
proposed resolutions make those assessments.
Staff Recommendation
That the Board of Directors: 1. Adopt Resolution No. 2016-885 confirming the solid waste annual charges for FY
2016-17 to be collected with the general taxes and direct the District Clerk to file
with the County Auditor; and
2. Adopt Resolution No. 2016-886 confirming the wastewater annual charges for FY 2016-17 to be collected with the general taxes and direct the District Clerk to file
with the County Auditor.
Analysis
The District has adopted the procedures provided in Health and Safety Code Section 5470 to allow our solid waste and wastewater collection charges to be collected with other taxes
on the County assessment roll. To be able to do so, the District went through a mailed
notice proceeding and the process was implemented in the early 1990s. Since that
implementation, Proposition 218 was passed (Article XIIID of the California Constitution)
which required that fees must be justified as proportional and in other ways proper whenever a new fee or increase is needed. That proceeding also requires mailed notice
Board of Directors
May 26, 2016
Page 2 of 4
and a protest hearing. This year no fees are being increased for solid waste, but fees for
wastewater collection will increase by 2% for all classes. The fee increase is part of a five
year Sewer Rate Plan that was approved by the Board of Directors on June 27, 2013.
Prior to approving the Sewer Rate Plan, the District followed Proposition 218 procedures so said procedures are not required this year.
However, we are still required to annually assess both the solid waste and wastewater
charges by parcel for the Assessor. The procedure to assess parcels must be adopted
after a noticed public hearing, in which notice is published two weeks before in an appropriate newspaper. The District will provide the County with an electronic version of a
report which contains a description of each property receiving services and the charges.
The real property may be described by reference to the assessor’s parcel map description.
The hearing should be held to consider objections or protests to the assessments. Upon conclusion of the hearing, the Board may adopt the resolution approving the assessments
to be filed with the Auditor. The Finance Manager must then file the assessments with the
Auditor before August 10. She must confirm that the charges were adopted by the Board.
The Auditor must then enter the charges against the parcels on the assessment roll. The
charges are then collected by the Assessor and if the charges are not paid, there are procedures for liens, penalties and collections.
Strategic Plan Element & Goal
This item complies with the objective and strategy of Strategic Element 7.0., Finances,
which states: “Objective: To ensure the short and long-term fiscal health of the District.”
“Strategy: The District will forecast and plan revenue and expenditures and maintain
appropriate reserves and investments to provide financial resources to fund current and
planned operations and projects.”
Legal Review
District Counsel prepared this staff report and resolutions that are attached hereto.
Environmental Review
Subject activity is exempt from the requirements of the California Environmental Quality
Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures “to list those specific activities
which fall within each of the exempt classes”, and the District has adopted “CEQA
Guidelines and Implementing Procedures” that state on page 6 “”Projects” does not
include …. C. Continuing administrative or maintenance activities.”
Board of Directors
May 26, 2016
Page 3 of 4
Financial Review
The adopted Solid Waste rate for the fiscal year 2016-17 is the same as the prior fiscal
year. Therefore, the annual charge of $216 will generate an estimated $4,725,000 as
reflected in the adopted budget.
The adopted Wastewater rate increased by 2.00% over the prior fiscal year in accordance
with the District’s Five Year Sewer Rate Plan study completed in December 2012. The annual charges are estimated to $5,500,000 as shown in the adopted budget.
Public Notice Process
Since the five year Wastewater Rate Plan was adopted on June 27, 2013 and rates are not being increased for solid waste, this matter does not require mailed protest hearing statements but is properly noticed with two weeks newspaper notice in accordance with
Government Code Section 6066. Copies of this report are on file and will be included with
the entire agenda packet for the May 26, 2016 Board of Directors regular meeting at
District Headquarters and on the District’s website www.cmsdca.gov
Alternative Actions
1. Refer the matter back to staff.
Attachments: A: Resolution No. 2016-885
B: Resolution No. 2016-886
Reviewed by:
Customer Class Per Month Per Year
Single Family $18.00 $216.00
Solid Waste Collection Rates for FY 2016-17
Customer Class Existing New
Residential (Per Dwelling Unit)
Single Family Residential $88.79 $90.57
Multi-Family Residential $52.11 $53.15
Non-Residential (Per 1,000 sq. ft.)
Commercial – Ave Strength $39.49 $40.28
Commercial – High Strength $43.07 $43.93
Industrial $101.38 $103.41
Wastewater Collection Rates for FY 2016-17
Board of Directors
May 26, 2016
Page 4 of 4
Wendy Davis
Finance Manager
RESOLUTION NO. 2016-885
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA
SANITARY DISTRICT IMPOSING CHARGES ON THE ASSESSMENT ROLL
FOR SOLID WASTE COLLECTION
THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT OF ORANGE
COUNTY, CALIFORNIA, HEREBY RESOLVES AS FOLLOWS:
WHEREAS, the Board of Directors has adopted the procedures authorized by California Health and Safety Code Section 5470 et seq. for the collection of rates and charges for solid waste
collection on the assessment roll; and
WHEREAS, the Board of Directors has further complied with California Constitution, Article
XIIID (Proposition 218) in establishing those fees, including a 45 day postcard notice each time
those fees are increased; and
WHEREAS, the Board of Directors does hereby desire to conduct its annual assessment of the properties within the District by adopting those charges in compliance with Health and Safety
Code 5473; and
WHEREAS, the Board of Directors has conducted a public hearing after providing notice in
accordance with Health and Safety Code 5473.1;
NOW THEREFORE, THE BOARD DOES HEREBY:
1. Adopt the charges for each parcel which constitutes the report assessing those properties on the assessment roll in accordance with Health and Safety Code Section
5473 which shall be filed with the District Clerk which describes every parcel receiving
service and the amount of the charge for each year.
2. Direct the District Clerk to file with the Auditor a copy of the report prepared pursuant to Health and Safety Code Section 5473 with a statement endorsed on the report over her
signature that the charges constituting the report has been finally adopted by the Board
of Directors and the Auditor shall enter the amounts of the charges against the parcels
on the current assessment roll.
PASSED and ADOPTED on this day of 2016.
________________________________ ________________________________
Secretary, Costa Mesa Sanitary District President, Costa Mesa Sanitary District
Board of Directors Board of Directors
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, Noelani Middenway, Clerk of the Costa Mesa Sanitary District, hereby certify that the
above and foregoing Resolution No. 2016-885, was duly and regularly passed and adopted by said Board of Directors at a regular meeting thereof held on the _______ day of
________________ 2016 by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Costa
Mesa Sanitary District, this ____ day of ___________________2016.
__________________________________
Clerk of the Costa Mesa Sanitary District
RESOLUTION NO. 2016-XXX
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA
SANITARY DISTRICT IMPOSING CHARGES ON THE ASSESSMENT ROLL
FOR WASTEWATER COLLECTION
THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT OF ORANGE
COUNTY, CALIFORNIA, HEREBY RESOLVES AS FOLLOWS:
WHEREAS, the Board of Directors has adopted the procedures authorized by California Health and Safety Code Section 5470 et seq. for the collection of rates and charges for wastewater
collection on the assessment roll; and
WHEREAS, the Board of Directors has further complied with California Constitution, Article
XIIID (Proposition 218) in establishing those fees, including a 45 day postcard notice each time
those fees are increased; and
WHEREAS, the Board of Directors does hereby desire to conduct its annual assessment of the properties within the District by adopting those charges in compliance with Health and Safety
Code 5473; and
WHEREAS, the Board of Directors has conducted a public hearing after providing notice in
accordance with Health and Safety Code 5473.1;
NOW THEREFORE, THE BOARD DOES HEREBY:
1. Adopt the charges for each parcel which constitutes the report assessing those properties on the assessment roll in accordance with Health and Safety Code Section
5473 which shall be filed with the District Clerk which describes every parcel receiving
service and the amount of the charge for each year.
2. Direct the District Clerk to file with the Auditor a copy of the report prepared pursuant to Health and Safety Code Section 5473 with a statement endorsed on the report over her
signature that the charges constituting the report has been finally adopted by the Board
of Directors and the Auditor shall enter the amounts of the charges against the parcels
on the current assessment roll.
PASSED and ADOPTED on this day of 2016.
________________________________ ________________________________
Secretary, Costa Mesa Sanitary District President, Costa Mesa Sanitary District
Board of Directors Board of Directors
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, Noelani Middenway, Clerk of the Costa Mesa Sanitary District, hereby certify that the
above and foregoing Resolution No. 2016-XXX, was duly and regularly passed and adopted by said Board of Directors at a regular meeting thereof held on the _______ day of
________________ 2016 by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Costa Mesa Sanitary District, this ____ day of ___________________2016.
__________________________________
Clerk of the Costa Mesa Sanitary District
Costa Mesa Sanitary District
... an Independent Special District
Budget Transfer Grade 5 Pipe Rehab Project #315
Item Number:19.
Recommendation/Notes:
Recommendation:That the Board of Directors approves the appropriation of funds as follows:
Account: Grade 5 Pipe Rehab #315
Account Number: 20-201315-4300
Increase: $500,000
Account: Westside PS Abandonment #101
Account Number: 20-200601-4300
Decrease: $500,000
ATTACHMENTS:
Description Type
Budget Transfer Grade 5 Pipe Rehab Project #315 Cover Memo
Costa Mesa Sanitary District
…an Independent Special District
Protecting our community’s health and the environment by providing solid waste and sewer collection services.
www.cmsdca.gov
Memorandum
To: Board of Directors
Via: Scott Carroll, General Manager
From: Wendy H. Davis, Finance Manager
Date: May 26, 2016
Subject: Budget Transfer Grade 5 Pipe Rehab Project #315
Summary
At the January 28, 2016 Board of Directors meeting, Professional Pipe Services was
awarded the contract to CCTV the District’s entire wastewater system. As the CCTV work
is being done, Grade 5 wastewater pipe deficiencies are being found and require
immediate repair. Staff is requesting $500,000 be transferred from the Westside Pump
Station Abandonment Project #101 to the Grade 5 Pipe Rehab Project #315 to fund
repairs as they are found.
Staff Recommendation
That the Board of Directors approves the appropriation of funds as follows:
Account Account Number Increase Decrease
Grade 5 Pipe Rehab #315 20-201315-4300 $500,000
Westside PS Abandonment #101 20-200601-4300 $500,000
Analysis
At the January 28, 2016 Board of Directors meeting, Professional Pipe Services was
awarded the contract to CCTV the District’s entire wastewater system. As the CCTV work
is being done, Grade 5 wastewater pipe deficiencies are being found and require
immediate repair. Staff is requesting $500,000 be transferred from the Westside Pump
Station Abandonment Project #101 to the Grade 5 Pipe Rehab Project #315 to fund
repairs as they are found. Staff believes there will be sufficient funds available to fund the
Westside Pump Station Abandonment Project #101 by the time this project is projected to
start in fiscal year 2020-21.
Board of Directors
May 26, 2016
Page 2 of 2
Strategic Plan Element & Goal
This item supports achieving the objective and strategy of Strategic Element No. 7.0,
Finance, which states:
“Objective: To ensure the short and long-term fiscal health of the District.
Strategy: The District will forecast and plan revenue and expenditures and maintain
appropriate reserves and investment to provide financial resources to fund current and
planned operations and projects.”
Legal Review
Not applicable.
Environmental Review
Subject activity is exempt from the requirements of the California Environmental Quality
Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA
allows an agency while establishing its own procedures “to list those specific activities
which fall within each of the exempt classes”, and the District has adopted “CEQA
Guidelines and Implementing Procedures” that state on page 6 “”Projects” does not
include …. C. Continuing administrative or maintenance activities.”
Financial Review
The available budget in the Westside Pump Station Abandonment Project #101 is
$3,762,210. After the transfer out of $500,000 there would be $3,260,210 available for the
funding project 101.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the
May 26, 2016 Board of Directors study session meeting at District Headquarters and on
District website at www.cmsdca.gov.
Alternative Actions
1. Refer the matter back to staff for additional information.
Costa Mesa Sanitary District
... an Independent Special District
Proposed California Special District Association Bylaws Updates
Item Number:20.
Recommendation/Notes:
Recommendation: That the Board of Directors authorize President Scheafer to vote on behalf
of the District, whether in favor or against, adopting the 2016 proposed CSDA Bylaws
Amendments.
ATTACHMENTS:
Description Type
Proposed California Special District Association Bylaws Updates Cover Memo
2016 Bylaws - Proposed Backup Material
DRAFT CSDA Bylaws Updates ‐ 2016 Page 1
BYLAWS
California Special Districts Association
Approved Bylaw Revision Dates:
Revised 1996
Revised 1999
Revised 2004
Revised October 1, 2009
Revised August 2, 2010
Revised August 1, 2011
Revised July 1, 2014
DRAFT CSDA Bylaws Updates ‐ 2016 Page 2
TABLE OF CONTENTS
ARTICLE I – GENERAL ................................................................................................................ 4
Section 1. Purpose: .................................................................................................................. 4
Section 2. CSDA Regions/Networks: ....................................................................................... 4
Section 3. Principal Office: ....................................................................................................... 4
ARTICLE II – MEMBERSHIP ........................................................................................................ 5
Section 1. Qualification of Membership:................................................................................... 6
Section 2. Membership Application: ......................................................................................... 6
Section 3. Membership Dues: .................................................................................................. 6
Section 4. Membership Voting: ................................................................................................ 6
Section 5. Membership Quorum: ......................................................................................... 667
Section 6. Membership Meetings: ............................................................................................ 7
Section 7. Termination of Membership: ........................................................................... 10108
ARTICLE III – DIRECTORS .................................................................................................. 11119
Section 1. Number of Directors: ....................................................................................... 11119
Section 2 Term of Office: ................................................................................................. 11119
Section 3. Nomination of Directors: .................................................................................. 11119
Section 4. Election of Directors: ....................................................................................... 11119
Section 5. Event of Tie: .................................................................................................. 131310
Section 6. Director Vacancy: .......................................................................................... 131310
Section 7. Director Disqualification: ............................................................................... 141411
Section 8. Powers of Directors: ...................................................................................... 151511
ARTICLE IV – DIRECTOR MEETINGS .............................................................................. 161612
Section 1. Place of Meetings:......................................................................................... 161612
Section 2. Ratification Meeting:...................................................................................... 161612
Section 3. Organization Meeting: ................................................................................... 161612
Section 4. Planning Session: ......................................................................................... 161612
Section 5. Regular Meetings: ......................................................................................... 161612
Section 6. Special Meetings: .......................................................................................... 161612
Section 7. Quorum: ........................................................................................................ 161612
Section 8. Board Meetings by Telephone and Electronic
Communications……………………………………….……………………………………………13
Section 98. Official Records: .......................................................................................... 161613
ARTICLE V – OFFICERS ................................................................................................... 181814
Section 1. Number and Selection:.................................................................................. 181814
Section 2. Duties of the President: ................................................................................. 181814
Section 3. Duties of the Vice President: ......................................................................... 181814
Section 4. Duties of the Secretary: ................................................................................. 181814
Section 5. Duties of the Treasurer: ............................................................................... 191915
Section 6. Disbursement of Funds: ................................................................................ 191915
Section 7. Removal of Officers: ...................................................................................... 191915
ARTICLE VI – COMMITTEES ............................................................................................ 202016
DRAFT CSDA Bylaws Updates ‐ 2016 Page 3
Section 1. Committee Structure: .................................................................................... 202016
Section 2. Committee Actions: ....................................................................................... 202016
Section 3. Committee Meetings: .................................................................................... 202016
Section 4. Standing Committees: ................................................................................... 212117
Section 5. Ad Hoc Committees: ..................................................................................... 222218
Section 6. Special Committee of the Board: .................................................................. 222218
ARTICLE VII – INDEMNIFICATION ................................................................................... 232319
Section 1. Right of Indemnity: ........................................................................................ 232319
Section 2. Approval of Indemnity: .................................................................................. 232319
Section 3. Insurance: ..................................................................................................... 232319
Section 4. Liability: ......................................................................................................... 232319
ARTICLE VIII – LOCAL AFFILIATED CHAPTERS ............................................................. 242420
Section 1. Purpose: ........................................................................................................ 242420
Section 2. Organization: ................................................................................................. 242420
Section 3. Rules, Regulations and Meetings: ................................................................ 242420
Section 4. Financing of Local Affiliated Chapters: .......................................................... 242420
Section 5. Legislative Program Participation:................................................................. 252520
ARTICLE IX – AMENDMENTS TO THE BYLAWS ............................................................. 262621
Section 1. Amendment Proposals: ................................................................................. 262621
Section 2. Amendment Membership Meeting: ............................................................... 262621
Section 3. Mailed Written Bylaws Amendment Ballot: ................................................... 262621
Section 4. Bylaws Amendment Ratification: ................................................................... 272721
EXHIBIT A ........................................................................................................................... 282822
DRAFT CSDA Bylaws Updates ‐ 2016 Page 4
ARTICLE I – GENERAL
Section 1. Purpose:
In addition to the general and specific purposes set forth in the Articles of Incorporation of the
California Special Districts Association (CSDA), CSDA will provide outreach, education, and
member services, and shall generate legislative advocacy for member interests. CSDA will
interact with the government associations and groups that support or oppose its membership’s
interests.
Section 2. CSDA Regions/Networks:
The state of California shall be divided along county boundaries into six voting
regions/networks. The areas of the regions/networks have been determined by the Board of
Directors of CSDA.
Exhibit A……….Map of the six (6) regions/networks of CSDA.
Section 3. Principal Office:
The principal business office of CSDA shall be located in Sacramento, California.
DRAFT CSDA Bylaws Updates ‐ 2016 Page 5
ARTICLE II – MEMBERSHIP
Section 1. Qualification of Membership:
There may be several classes of membership in CSDA, as determined by the Board of
Directors. The following classes have been adopted:
A. Regular Voting Members:
Regular voting members shall be any public agency formed pursuant to either general
law or special act for the local performance of governmental and/or proprietary functions
within limited boundaries, and which meets any one of the following criteria:
1. Meets the definition of “independent special district” set forth in Government
Code Section 56044 by having a legislative body all of whose members are
elected, or which members are appointed to fixed terms; or
2. A public agency whose legislative body is composed of representatives of
two or more other public agencies. Such representatives may be either
members of the legislative body or designated employees of such other
public agencies. Public agencies which qualify as regular members pursuant
to these criteria include, but are not limited to the following public agencies:
(a) air quality management districts; (b) air pollution control districts; (c)
county water agencies or authorities; (d) transit or rapid transit districts, or
transportation authorities; (e) metropolitan water districts; (f) flood control
and/or water conservation districts; (g) sanitation agencies.
Regular voting members do not include the state, cities, counties, school districts,
community college districts, dependent districts, or joint powers authorities. Dependent
districts are defined as those special districts whose legislative body is composed
exclusively of members of a Board of Supervisors of a single county or city council of a
single city, LAFCOs, joint powers authorities or the appointees of such legislative bodies
with no fixed terms.
Regular voting members have voting privileges and may hold seats on the Board of
Directors.
B. Associate Non-Voting Members:
Associate members Sshall be those organizations such as dependent districts, cities,
mutual water companies, and those public agencies that do not satisfy the criteria for
regular voting membership specified in Section A above.
Associate members have no voting privileges, except as approved members on a CSDA
committee, and may not hold a seat on the Board of Directors.
C. Business Affiliate Members:
Business Affiliate members Sshall be those persons or organizations that provide
services to special districts and/or have evidenced interest in the purposes and goals of
DRAFT CSDA Bylaws Updates ‐ 2016 Page 6
CSDA. Business Affiliates have no voting privileges, except as approved members on a
CSDA committee, and may not hold a seat on the Board of Directors.
Section 2. Membership Application:
Application for membership to CSDA will be directed to staff, who will determine if the
applicant’s interest and purpose is in common with CSDA. If the applicant meets the
requirements of membership, the Board of Directors shall approve the new member by a
majority vote of the Board. Acceptance to membership shall authorize participation in CSDA
activities as specified in these Bylaws.
Section 3. Membership Dues:
The membership dues of CSDA shall be established annually by a majority vote of the Board of
Directors at a scheduled Board meeting. Authority to adjust the dues shall remain with the
Board of Directors.
Section 4. Membership Voting:
Matters to be voted upon by the membership shall be determined by the Board of Directors in
accordance with these Bylaws. Only those matters of which proper notice was given by CSDA
may be voted upon.
A. Voting Designee:
In accordance with these Bylaws, regular voting members in good standing shall have
voting privileges. The governing body of each regular voting member shall designate by
resolution, one representative from their respective district who shall have the authority
to exercise the right of the regular voting member to vote. Such voting designee shall be
a Board member or managerial employee of the member regular voting member.
B. Voting Authorization:
Those regular voting members who have paid the required dues as set by the Board of
Directors are members in good standing. Each regular voting member in good standing
shall be entitled to one vote on all matters brought before the membership for vote at
any meeting or mail by ballot.
Section 5. Membership Quorum:
A. Meeting Quorum:
Twenty-five voting designees, as defined in Article II, Section 4, officially designated by
each regular voting member present at any annual or special meeting of the CSDA shall
constitute a quorum. Absentee ballots shall not be accepted. No regular voting member
shall have the right to vote by means of an absentee or proxy ballot.
B. Mailed or Electronic Ballot Quorum:
Mail ballots or electronic ballots received from 25 voting designees officially designated by
each regular voting member shall constitute a quorum. Each regular voting member shall
DRAFT CSDA Bylaws Updates ‐ 2016 Page 7
be entitled to one vote. No regular voting member shall have the right to vote by means of
a proxy.
Section 6. Membership Meetings:
A. Annual Business Meeting:
The annual business meeting of the members shall be held at the Annual CSDA
Conference at such time and place as determined by the Board of Directors. Written
notice of the annual business meeting distributed by mail or electronically shall include
all matters that the Board intends to present for action and vote by the members.
Written notice of any annual meeting of the members of CSDA, via mail and/or electronic
delivery, and/or facsimile shall be sent to each regular voting member in good standing,
at least 45 days in advance of the designated date of such meeting. The notice shall
include the time and place, and all matters the Board of Directors intends to present for
action and vote by the members.
B. Special Meetings:
Special meetings of the members may be called at any time by the President, by a
majority of the Board of Directors, or by a majority of at least a quorum of the members
(25 members). Written notice shall include all matters the Board of Directors intends to
present for action and vote by the members.Such a special meeting may be called by
written request, specifying the general nature of the business proposed to be transacted
and addressed to the attention of and submitted to the President of the Board. The
President shall direct the Chief Executive Officer to cause notice to be given promptly to
the members stating that a special meeting will be held at a specific time and date fixed
by the Board. No business other than the business that was set forth in the notice of the
special meeting may be transacted at a special meeting.
Written notice of any special meeting of the members of CSDA, via mail and/or
electronic delivery, and/or facsimile shall be sent to each regular voting member in good
standing, at least ten days in advance of the designated date of such meeting. The
notice shall include the time and place, and all matters intended to be presented for
action and vote by the members.
C. Notice of Meetings:
Whenever members are permitted to take any action at any annual or special meeting,
written notice of the meeting distributed by mail or electronically shall be given to each
member entitled to vote at that meeting. The notice shall specify the place, date and
hour of the meeting, and the means of electronic transmission or electronic video screen
communication to be utilized by and between CSDA and its members, if any, by which
members may participate in the meeting. For the Annual Membership Meeting, the
notice shall state the matters that the Board intends to present for action by the
members. For a special meeting the notice shall state the general nature of the
business to be transacted and shall state that no other business may be transacted.
The notice of any meeting at which directors are to be elected shall include the names of
all persons who are nominees when notice is given.
DRAFT CSDA Bylaws Updates ‐ 2016 Page 8
1. Notice Requirements. Written notice of any annual membership meeting shall
be given at least 45 days before the meeting date either personally, by first class
registered or certified mail, or by electronic transmission.
2. Electronic Notice. Notice given by electronic transmission by CSDA shall be
valid if delivered by either (a) facsimile telecommunication or electronic mail when
directed to the facsimile number or electronic mail address for that main contact member
on record with CSDA; (b) posting on an electronic message board or network that CSDA
has designated for such communications, together with a separate electronic notice to
each member of the posting; or (c) any other means of electronic communication. Such
electronic transmission must be directed to a member which has provided to CSDA an
unrevoked consent to the use of electronic transmission for such communications. The
method of electronic communication utilized must create a record that is capable of
retention, retrieval and review by CSDA.
All such electronic transmissions shall include a written statement that each
member receiving such communication has the right to have the notice provided in non-
electronic form. Any member may withdraw its consent to receive electronic
transmissions in the place of written communications by providing written notice to
CSDA of such withdrawal of consent.
Notice shall not be given by electronic transmission by CSDA if CSDA is
unable to deliver two (2) consecutive notices to a member by that means, or otherwise
becomes aware of the fact that the member cannot receive electronic communications.
D. Electronic Meetings:
Members not physically present in person at either an annual or special meeting of
members may participate in such a meeting by electronic transmission or by electronic
video screen communication by and between such members and CSDA. Any eligible
member participating in a meeting electronically shall be deemed present in person and
eligible to vote at such a meeting, whether that meeting is to be held at a designated
place, conducted entirely by means of electronic transmission, or conducted in part by
electronic communication between CSDA and those members who are not capable of
being physically present at such designated meeting place.
Annual and special meetings of the members may be conducted in whole or in part by
electronic transmission or by electronic video screen communication by and between
CSDA and its members if all of the following criteria are satisfied: (1) CSDA implements
reasonable procedures to provide members participating by means of electronic
communication a reasonable opportunity to participate in the meeting and to vote on
matters submitted to the members, including an opportunity to hear the proceedings of
the meeting including comments of members participating in person substantially
concurrent with such proceedings; and (2) any votes cast by a member by means of
electronic communication by and between CSDA and a member must be recorded and
maintained in the minutes by CSDA.
C. Mail Ballot:
The Board of Directors may at its discretion authorize the voting upon any issue, by
written ballot mailed to each regular voting member in good standing. Such ballot shall
DRAFT CSDA Bylaws Updates ‐ 2016 Page 9
be mailed by first class mail, at least 45 days in advance of the date the CSDA has
designated for the return of the ballot by each member to CSDA.
E. Majority Vote:
A majority of votes cast or ballots received shall be necessary to carry any matter voted
upon, provided a quorum of members has voted in person or by mail ballot. Voting by
proxy shall not be allowed. Any matter submitted to the membership for action or
approval shall constitute the action or approval of the members only when: (1) the
number of votes cast by regular voting members present at the meeting equals or
exceeds the quorum requirement of 25 registered voters; and (2) the number of votes
approving the action or proposal equals or exceeds a majority (50% plus one) of the
regular voting members present and casting votes on the issue.
F. Solicitation of Written Ballots from Members:
All solicitations of votes by written ballot, whether by means of electronic communication
or first class mail, shall: (1) state the number of returned ballots needed to meet the
quorum requirement (25 returned ballots); (2) state, with respect to returned ballots other
than for election of directors, that the majority of returned ballots must indicate approval
of each measure in order to adopt such measure; and (3) specify the time by which the
written ballot must be received by CSDA in order to be counted. Each written ballot so
distributed shall: (1) set forth the proposed action; (2) give members an opportunity to
specify approval or disapproval of each proposal; and (3) provide a reasonable time in
which to return the ballots to CSDA either electronically or by first class mail.
Each written ballot distributed by first class mail shall be mailed to each regular voting
member at least 45 days in advance of the date designated for return of the ballot by
each such member to CSDA. Written ballots transmitted electronically to members shall
be electronically communicated at least 45 days in advance of the date designated for
return of the ballot by each member to CSDA.
G. Return of Ballots:
Written ballots shall be returned either by first class mail or by electronic communication
to either the principal business address of CSDA or CSDA’s designated electronic
format specified on the ballot prior to the close of business (5:00 pm) on the designated
election date. Written ballots received either by first class mail or electronic
communication from regular voting members after the specified date shall not be
counted and shall be invalid.
H. Number of Votes Required for Approval:
Approval by written ballot shall be valid only when (1) the number of votes cast by
written ballot either by means of electronic communication or first class mail within the
specified time equals or exceeds the quorum required to be present at a meeting
authorizing the action (25 votes); and (2) the number of approvals equals or exceeds the
number of votes that would be required for approval at a meeting of members, i.e. 50%
plus one of those participating members casting written ballots either electronically or by
first class mail.
DRAFT CSDA Bylaws Updates ‐ 2016 Page 10
Section 7. Termination of Membership:
Any member delinquent in the payment of dues for a period of three months after said dues are
due and payable, shall be notified in writing of such arrearage, and shall be given written notice
of possible termination. If such delinquent dues remain unpaid for 45 days after said notice, the
delinquent member shall automatically cease to be a member of CSDA. CSDA’s Chief
Executive Officer may approve special payment arrangements if deemed necessary.
A delinquent member may be restored to membership by making written application to the
Board of Directors of the CSDA. Such reinstatement shall be at the discretion of the Board.
DRAFT CSDA Bylaws Updates ‐ 2016 Page 11
ARTICLE III – DIRECTORS
Section 1. Number of Directors:
The authorized number of elected directors to serve on the Board of Directors shall be 18. Each
regular voting member agency shall be limited to one seat on the Board.
There shall be three directors elected from each of the six CSDA regions/networks. Directors
elected from each of the six regions/networks shall hold staggered three year terms. The three
directors serving a term of office from a region/network shall be elected from three different
regular voting member agencies located in that region/network.
Section 2 Term of Office:
Directors elected from each of the six regions/networks shall hold staggered three year terms.
After the annual election of directors, a meeting of the Board shall be held to ratify the election
results. The term of office of the newly elected persons shall commence on the following
January 1 and shall terminate in three years.
Section 3. Nomination of Directors:
Nomination shall be by region/network. Any regular voting member in good standing is eligible
to nominate one person from their district to run for director of CSDA. The director nominee
shall be a board member of the district or a managerial employee as defined by that district’s
Board of Directors. Nomination of the director designee shall be made by a resolution or minute
action of the regular voting member’s Board of Directors. Only one individual from each regular
voting member district may be nominated to run at each election. In the event an incumbent
does not re-run for his/her seat, the nomination period for that region/network shall be extended
by ten days.
The CSDA staff, in conjunction with the Elections and Bylaw Committee, will review all
nominations received and accept all that meet the qualifications set by these Bylaws. A slate of
each region’s/network’s qualified nominees will be submitted by mail or electronic ballot, to that
region’s/network’s regular voting membership for election pursuant to Article III, Section 4
Section 4. Election of Directors:
The Election and Bylaws Committee shall have primary responsibility for establishing and
conducting elections. The Committee may enforce any regulation in order to facilitate the
conduct of said elections. Voting for directors shall be by the regular voting members from the
region/network from which they are nominated.
The Election and Bylaws Committee shall meet each year to review, with staff, the
regions/networks where election of directors will be necessary. The Committee will coordinate,
with staff, the dates nomination requests shall be mailed to the regular voting members, the
official date for the nomination requests to be received at the CSDA office, and set the date of
the election.
A. Written Notice:
DRAFT CSDA Bylaws Updates ‐ 2016 Page 12
Written notice requesting nominations of candidates for election to the Board of Directors
shall be sent by first class mail or electronically to each regular voting member in good
standing on the date specified by the Election and Bylaws Committee, which shall be at
least 120 days prior to the election. The nominations must be received either by mail or
electronically by CSDA before the established deadline which shall be no later than 60
days prior to the election. Nominations received after the deadline date shall be deemed
invalid.
B. Balloting and Election:
Voting for directors shall be by written ballot distributed by mail or by electronic
transmission by CSDA directly or via third-party to members eligible to vote in each
network.
After the nomination period for directors is closed, a writtenmailed ballot specifying the
certified nominees in each region/network shall be distributed by first class mail or
electronically to each regular voting member in that region/network by first class mail.
Each such regular member in good standing in each region/network shall be entitled to
cast one vote for each of that region’s/network’s open seats on the Board.
The ballot for each region/network shall contain all nominations accepted and approved
by CSDA staff. In the event there is only one nomination in a region/network, the
nominee shall automatically assume the Seat up for election and a ballot shall not be
mailed or electronically transmitted. Staff will execute a Proof of Service certifying the
date upon which all regular voting members of each region/network were mailed sent a
ballot, either by first class mail or by electronic transmission. The form of written ballot
and any related materials sent by electronic transmission by CSDA and completed
ballots returned to CSDA by electronic transmission by participating members must
comply with all of the requirements of Article II, Section 6.F-H of these Bylaws.If a
member does not consent to electronic communication for balloting purposes, a form of
written ballot will be mailed to such participating member no later than 45 days prior to
the date scheduled for such election. All written ballots shall indicate that each
participating member may return the ballot by electronic communication or first class
mail.
All solicitations of votes by written ballot shall: (1) state the number of returned ballots
needed to meet the quorum requirement (25); (2) state, with respect to ballots for
election of directors, that those nominees receiving the highest number of votes for each
Board position subject to election will be certified as elected to that Board position.
Election of a nominee to a Board position shall be valid only when: (1) the number of
votes cast by written ballot, transmitted either electronically or by first class mail, within
the time specified, equals or exceeds the quorum required to be present at a meeting of
members authorized in such action (25); and (2) the number of written ballots approving
the election of a nominee must be the highest number of votes cast for each Board
position subject to election as would be required for an election of a nominee at a
meeting of the members. .
Written Bballots shall be returned either by first class mail or by electronic mail
communication to either the principal business address of CSDA or CSDA’s designated
electronic format specified on the ballot prior to the close of business (5:00 pm) on the
DRAFT CSDA Bylaws Updates ‐ 2016 Page 13
designated election date, which shall be at least 45 days prior to the Annual Conference.
Written Bballots received either by first class mail or electronic communication after the
specified date shall be invalid and shall not be counted.
All written ballots received by mail shall remain sealed until opened in the presence of
the Election and Bylaws Committee chairperson or his/her designee. All electronic
ballots will be prepared, distributed, authenticated, received, tabulated, and kept secure
and confidential.
Section 5. Event of Tie:
In the event of a tie vote, a supplemental mail written ballot containing only the names of those
candidates receiving the same number of votes shall be distributed either by first class mail or
electronically mailed to each regular voting member in the region/network where the tie vote
occurred.
Those mail written ballots received by mail or electronically prior to the close of business (5:00
pm) on the date designated by the Election and Bylaws Committee shall be considered valid
and counted. All supplemental mail written ballots received after the designated date whether
by first class mail or electronically shall will be deemed invalid. All written ballots received either
by mail or electronically shall remain sealed as provided in Article III, Section 4.B of these
Bylaws.until opened in the presence of the Committee chair or his/her designee.
In the event the supplemental mail written ballot also results in a tie vote, the successful
candidate will be chosen by a drawing by lot.
Section 6. Director Vacancy:
In the event of a director vacating his/her seat on the Board of Directors, an individual who
meets the qualifications as specified in these Bylaws may be appointed or elected to complete
the director’s unexpired term.
A. Two or Three Vacant Seats in the Same Region/Network:
In the event more than one seat on the CSDA Board of Directors in any one
region/network is vacant at the same time, such vacancies shall be filled by election. A
mail written ballot shall be prepared; listing all nominees for that region/network
accepted and approved by CSDA and distributed o each regular voting member in each
such network either by first class mail or by electronic communication pursuant to the
provisions of Article III, Section 4.A and B of these Bylaws
Regular members of each region/network shall be entitled to cast one vote for each
open seat in that region/network by returning a completed written ballot to CSDA either
by first class mail or by electronic communication. The candidate receiving the most
votes will be elected to the vacant seat with the longest remaining term. The candidate
receiving the second highest number of votes will be elected to fill the vacant seat with
the second longest remaining term. The candidate receiving the third highest number of
votes will be elected to fill the vacant position with the third longest remaining term.
B. Vacancy Before Nomination Period
DRAFT CSDA Bylaws Updates ‐ 2016 Page 14
In the event of a vacancy occurring “before” the nomination period, at the discretion of
the CSDA Board, the vacancy may be filled by appointment or special election.
Should the CSDA Board choose to fill the vacancy by appointment, notification of the
vacancy and request for nominations shall be sent by regular mail or electronic
communication to all regular members in good standing in the network in which the
vacancy occurred. The network’s existing directors sitting on the CSDA Board shall
interview all interested candidates of that network and bring a recommendation to the
CSDA Board of Directors for consideration. The Board shall make the appointment to fill
the unexpired term of the vacated Board position.
Should the CSDA Board choose to fill the vacancy by special election, written notification
of the vacancy and request for nominations shall be sent either by first class mail or
electronically to each regular member in good standing in the network in which the
vacancy occurred. Nominations will be accepted for the vacant seat by first class mail or
by electronic communication and shall be placed on the written ballot for election in that
network. Such election shall be conducted pursuant to the provisions of Article III,
Section 4.A and B hereof.
B.C. Vacancy During Nomination Period:
In the event of a vacancy occurring “during” the nomination period, the vacancy shall be
filled by election. Written notification of the vacancy and request for nominations shall
be sent either by first class mail or electronically to each regular member in the
region/network in which the vacancy occurred. Nominations will be accepted for the
vacant seat by first class mail or by electronic communication and shall be placed on the
mail written ballot for election in that region/network. Such election shall be conducted
pursuant to the provisions of Article III, Section 4.A and B hereof.
C.D. Vacancy After Nomination Period:
In the event of a vacancy occurring “after” the nomination period has closed, at the
discretion of the CSDA Board, the vacancy may remain unfulfilled until the next regularly
scheduled election or may be filled by appointment. Should the CSDA Board choose to
fill the vacancy by appointment, notification of the vacancy and request for nominations
shall be sent by regular mail or electronic communication to all regular members in good
standing in the region/network in which the vacancy occurred.
The region’s/network’s existing directors sitting on the CSDA Board shall interview all
interested candidates of that region/network and bring a recommendation to the CSDA
Board of Directors. The Board shall make the appointment to fill the unexpired term of
the vacated Board position.
Section 7. Director Disqualification:
A. A director shall become disqualified from further service upon the occurrence of the
following:
A director’s district is no longer a member of CSDA; a director is no longer a board
member or an employee of a member district; and/or a director shall resign.
DRAFT CSDA Bylaws Updates ‐ 2016 Page 15
Any officer or director may resign at any time by giving written notice to the
President or CEO. Any such resignation shall take effect at the date of the receipt of
such notice or at any time specified therein.
B. The position of a director may be declared vacant by a majority vote of the CSDA
Board of Directors when a director is unexcused and fails to attend three
consecutive meetings of the Board.
Section 8. Powers of Directors:
Subject to the limitations of these Bylaws, the Articles of Incorporation, and the California
General Nonprofit Corporation Law, all corporate powers of the CSDA shall be exercised by or
under the authority of the Board of Directors.
DRAFT CSDA Bylaws Updates ‐ 2016 Page 16
ARTICLE IV – DIRECTOR MEETINGS
Section 1. Place of Meetings:
Meetings of the Board of Directors shall be held in the state of California, at such places as the
Board may determine.
Section 2. Ratification Meeting:
Following the election of Directors, the Board shall hold a meeting at such time and place as
determined by the Board for the purpose of ratifying the newly elected directors and to transact
other business of CSDA.
Section 3. Organization Meeting:
After the ratification meeting, an organizational meeting of the Board shall be held at such time
and place as determined by the Board for the purpose of electing the officers of the Board of
Directors and the transaction of other business of CSDA.
Section 4. Planning Session:
As directed by the Board of Directors, a special Strategic Planning Meeting shall be held to
review and evaluate the plans, policies and activities related to the business interests of CSDA.
Section 5. Regular Meetings:
The dates of the regular meetings of the Board of Directors shall be ratified at the last Board
meeting of the previous year. The meetings shall be held at such time and place as the Board
may determine. The dates and places of the Board meetings shall be published in the CSDA’s
publications for the benefit of the members.
Section 6. Special Meetings:
A special meeting of the Board of Directors, for any purpose, may be called at any time by the
President or by any group of seven 10 directors or as described in Article II, Section 6.B.
Such meetings may be held at any place designated by the Board of Directors. In the event
directors are unable to personally attend the special meeting, teleconferencing means will be
made available.
Notice of the time and place of special meetings shall be given personally to the directors, or
sent by written or electronic communication. All written notices shall be sent at least ten days
prior to the special meeting and electronic notices at least five days prior.
Section 7. Quorum:
A quorum of the Board of Directors for the purpose of transacting business of the CSDA shall
consist of ten directors. A majority vote among at least ten directors present at a duly noticed
meeting shall constitute action of the Board of Directors.
Section 8. Board Meetings by Telephone and Electronic Communications:
DRAFT CSDA Bylaws Updates ‐ 2016 Page 17
Any Board meeting may be held by conference telephone, video screen communication or other
electronic communications equipment. Participation in such a meeting under this Section shall
constitute presence in person at the meeting if both of the following apply: (a) each Board
member participating in the meeting can communicate concurrently with all other Board
members; and (b) each member of the Board is provided a means of participating in all matters
before the Board, including the capacity to propose or interpose an objection to a specific action
to be taken by CSDA, and the capacity to vote on any proposal requiring action of the Board.
Section 98. Official Records:
All official records of the meetings of the CSDA shall be maintained at the principal business
office of the CSDA.
DRAFT CSDA Bylaws Updates ‐ 2016 Page 18
ARTICLE V – OFFICERS
Section 1. Number and Selection:
The officers of CSDA shall be the President, Vice President, Secretary, Treasurer and the
Immediate Past President. The officers shall be elected annually from the then current
members of the Board of Directors without reference to regions/networks. All officers shall be
subordinate and responsible to the CSDA Board of Directors and shall serve without
compensation.
Each shall hold office for the term of one year, or until resignation or disqualification.
The Board of Directors may appoint such other officers as the business of CSDA may require.
Each of the appointed officers shall hold office for such period, have such authority, and perform
such duties as are provided in these Bylaws or as the Board of Directors may determine.
Section 2. Duties of the President:
The President shall be the chief officer of the CSDA and shall, subject to the approval of the
Board of Directors, give supervision and direction to the business and affairs of CSDA.
The President shall preside at all Board of Director and membership meetings. The President
shall be an ex-officio member of all Standing Committees. The President shall appoint
committee chairs and vice-chairs and members of the Standing Committees, subject to
confirmation by the Board of Directors.
The President shall have the general powers, duties and management usually vested in the
office of the president of a corporation. The President shall have such other powers and duties
as may be prescribed by these Bylaws or by the vote of the Board of Directors.
Section 3. Duties of the Vice President:
In the absence of, or disability of the President, the Vice President shall perform all of the duties
of the President. When so acting, the Vice President shall have all the powers of the President,
and be subject to all the restrictions upon the President.
The Vice President shall be an ex-officio member of all of the Standing Committees.
Section 4. Duties of the Secretary:
The Secretary or a designee appointed by the Board of Directors shall give notice of meetings
to the Board of Directors, and notices of meetings to the members as provided by these Bylaws.
The Secretary or designee shall record and keep all motions and resolutions of the Board. A
record of all meetings of the Board and of the members shall be maintained. All written records
of the Secretary shall be kept at the business office of CSDA.
A list of the membership of CSDA shall be maintained by the Secretary or such designee. Such
record shall contain the name, address and type of membership, of each member. The date of
membership shall be recorded, and in the event the membership ceases, the date of
termination.
DRAFT CSDA Bylaws Updates ‐ 2016 Page 19
The Secretary or designee shall perform such other duties as may be required by law, by these
Bylaws, or by the Board of Directors.
Section 5. Duties of the Treasurer:
The Treasurer or a designee appointed by the Board of Directors shall keep and maintain
adequate and correct accounts of the properties and the business transactions of CSDA,
including accounts of its assets, liabilities, receipts, disbursements, gains and losses. The
books of account shall at all times be open to inspection by any director or member of the
CSDA.
The Treasurer or designee shall be responsible to cause the deposit of all moneys of the CSDA,
and other valuables in the name and to the credit of CSDA, with such depositories as may be
designated by the Board of Directors.
The Treasurer or designee, shall disburse, or cause to be disbursed by persons as authorized
by resolution of the Board of Directors, the funds of CSDA, as ordered by the Board of
Directors.
The Treasurer or designee shall serve as chair of the CSDA Fiscal Committee. The Treasurer
shall render to the President and the Board of Directors an account of all financial transactions
and the financial condition of CSDA at each Board meeting and on an annual basis, or upon
request of the Board.
The Treasurer or designee shall, after the close of the fiscal year of CSDA, cause an annual
audit of the financial condition of CSDA to be done.
The Treasurer or such designee shall perform such other duties as may be required by law, by
these Bylaws, or by the Board of Directors.
Section 6. Disbursement of Funds:
No funds shall be disbursed by CSDA unless a check, draft or other evidence of such
disbursement has been executed on behalf of CSDA by persons authorized by resolution of the
Board of Directors.
Section 7. Removal of Officers:
Officers of the Board may be removed with or without cause at any meeting of the Board of
Directors by the affirmative vote of a majority of the Board of Directors present at such meeting.
DRAFT CSDA Bylaws Updates ‐ 2016 Page 20
ARTICLE VI – COMMITTEES
Section 1. Committee Structure:
Each committee shall have a chair and a vice-chair who shall be directors of the Board of
Directors. Each committee shall have at least two Board members and no more than nine
Board members. Directors may be appointed as alternate members of a committee, in the
event of an absent committee member.
Other members of any committee may include designees of regular, associate or Business
Affiliate members.
Section 2. Committee Actions:
All actions of any committee of the CSDA shall be governed by and taken in accordance with
the provisions of these Bylaws. All committees shall serve at the pleasure of the Board and
have such authority as provided by the Board of Directors. Minutes of each committee meeting
shall be kept and each committee shall present a report to the Board of Directors at each
scheduled Board meeting.
No committee may take any final action on any matter that, under these Bylaws, or under the
California Nonprofit Public Benefit Corporation Law, also requires approval of the members of
the CSDA.
All committees, regardless of Board resolution, are restricted from any of the following actions
as imposed by the California Nonprofit Public Benefit Corporation Law
No committee may: Fill vacancies on the Board of Directors or on any committee that has
authority of the Board; create any other committees of the Board or appoint the members of the
committees of the Board.
No committee may fix compensation of the directors for serving on the Board or on any
committee; expend corporate funds to support a nominee for director; or approve any contract
or transaction to which CSDA is a party and in which one or more of its directors has a material
financial interest.
No committee may amend or repeal Bylaws or adopt new Bylaws or amend or repeal any
resolution of the Board that by its express terms is not subject to amendment or repeal.
Section 3. Committee Meetings:
Meetings of the committees of CSDA shall be held in accordance with the provisions of these
Bylaws. The time and place for regular meetings of such committees may be determined by the
Board or by such committees. Special meetings of the committees may be called by the chair
of such committee, or by the Board of Directors.
Written notice of any regular or special committee meeting may be given either personally, by
first class mail, or by electronic transmission as specified in Article II, Section 6.C.2 of these
Bylaws. Any committee meeting may also be held by conference telephone, video screen
communication or other electronic communication equipment. Participation in such a meeting
under this Section shall constitute presence in person at the committee meeting if both of the
DRAFT CSDA Bylaws Updates ‐ 2016 Page 21
following apply: (a) each committee member participating in the meeting can communicate
concurrently with all other committee members; and (b) each member of the committee is
provided a means of participating in all matters before the committee, including the capacity to
propose or interpose an objection to a specific action to be taken by that committee, and the
capacity to vote on any proposal requiring action or recommendation by the committee.
Section 4. Standing Committees:
Standing Committees of CSDA shall be advisory in nature except for the Finance Corporation
(see Section 4D). The Standing Committees are: Executive, Professional Development,
Elections and Bylaw, Finance Corporation, Fiscal, Legislative, Member Services and Audit.
The President shall recommend the appointment of committee officers and members of each
Standing Committee except the Executive Committee. All committee members are subject to
ratification by the Board of Directors.
A. Executive Committee:
The Executive Committee shall consist of all officers of CSDA.
Members shall include the President, Vice President, Secretary, Treasurer and the
Immediate Past President of CSDA. If the Immediate Past President is no longer a
member of the Board of Directors, a previous past president may be appointed. If there
are no directors who have served as Ppresident in the past, the President shall appoint a
current director to serve as a member of the Executive Committee.
Subject to these Bylaws and approval of the Board of Directors, the Executive
Committee shall have full power, authority and responsibility for the operation and
function of the CSDA.
B. Professional Development Committee:
The Professional Development Committee shall provide advice, feedback and general
guidance for plan, organize and direct CSDA professional development programs and
events.
C. Election and Bylaws Committee:
The Election and Bylaws Committee shall be responsible for conducting all elections for
the CSDA Board of Directors as provided in these Bylaws. The Committee shall annually
review the Bylaws and shall be responsible for membership vote on any bylaw changes
and approval of election materials.
D. Finance Corporation Committee:
The Finance Corporation Committee shall serve as the Board of Directors of the CSDA
Finance Corporation a California non-profit public benefit corporation organized to
provide financial assistance to CSDA members in acquiring, constructing and financing
various public facilities and equipment for the use and benefit of the public. The Finance
Corporation Committee is not an advisory committee, but has all of the powers
described in the CSDA Finance Corporation Bylaws, which are incorporated herein by
DRAFT CSDA Bylaws Updates ‐ 2016 Page 22
this reference. Such powers include the powers to manage and control the business
affairs of the corporation, to approve policies for the corporation’s operations, and to
enter into all contracts necessary to provide financial assistance to CSDA members.
E. Fiscal Committee:
The Treasurer shall serve as the chair of the Fiscal Committee and shall, with the
Committee, be responsible for oversight of all the financial transactions of the CSDA. An
annual budget shall be reviewed by the committee and ratified by the Board of Directors.
F. Legislative Committee:
The Legislative Committee shall be responsible for the development of CSDA’s
legislative agenda. The Committee shall review, direct and assist the CSDA Advocacy
and Public Affairs Department with legislative and public policy issues.
G. Member Services Committee:
The Member Services Committee shall be responsible for recruitment and
recommendation of new members to the CSDA Board of DirectorsThe Member Services
Committee shall be responsible for recruitment and retention activities as well as
recommendation of new members and benefits to the CSDA Board of Directors. All new
members shall be ratified by the Board of Directors.
H. Audit Committee:
The Audit Committee is responsible for maintaining and updating internal controls.
The Committee selects the Auditor for Board of Directors approval and provides
guidance to the auditors on possible audit and fraud risks. The Committee reviews the
audit and management letter and makes recommendation to the Board of Directors for
action.
Section 5. Ad Hoc Committees:
The President may appoint other Ad Hoc Committees and their officers as may be determined
necessary for the proper operation of the CSDA. The Standing Committees and the Ad Hoc
Committees shall plan and authorize such programs as may be directed by the Board of
Directors.
The Ad Hoc Committees shall be advisory in nature and shall be composed of at least two
members of the Board of Directors. Other members of such committees may include designees
of regular, associate or professional members, or members of the public, as approved by the
Board of Directors.
Section 6. Special Committee of the Board:
A Special Committee may be granted authority of the Board as a Committee of the Board, as
required by the California Nonprofit Public Benefit Corporation Law, provided by a specific
resolution adopted by a majority of the Board of Directors then in office. In such case, the
Special Committee shall be composed exclusively of two or more directors, but less than a
quorum of the Board of Directors.
DRAFT CSDA Bylaws Updates ‐ 2016 Page 23
ARTICLE VII – INDEMNIFICATION
Section 1. Right of Indemnity:
To the fullest extent permitted by law, the CSDA shall defend, indemnify and hold harmless both
its past and present directors, officers, employees and other persons described in Section
5238(a) of the California Corporations Code, against any and all actions, expenses, fines,
judgments, claims, liabilities, settlements and other amounts reasonably incurred by them in
connection with any “proceeding”, as that term is used in the Section 5238(a) of the California
Corporations Code.
“Expenses”, as used in these Bylaws, shall have the same meaning as in Section 5238(a) of the
California Corporations Code.
Section 2. Approval of Indemnity:
On written request to the Board by any person seeking indemnification under Section 5238(b) or
Section 5238(c) of the California Corporations Code, the Board shall promptly determine under
Section 5238(e) of the California Corporations code whether the applicable standard of conduct
set forth in Section 5238(b) or Section 5238(c) has been met, and if so, the Board shall
authorize indemnification.
If the Board cannot authorize indemnification because the number of directors who are parties
to the proceeding with respect to which indemnification is sought prevents the formation of a
quorum of directors who are not parties to that proceeding, the Board shall promptly call a
meeting of the members.
At the request for indemnification meeting, the members shall determine under Section 5238(e)
of the California Corporations Code whether the applicable standard or conduct set forth in
Section 5238(b) or Section 5238(c) has been met, and, if so, the members present at the
meeting in person or by proxy shall authorize indemnification.
Section 3. Insurance:
The CSDA shall have the right to purchase and maintain insurance to the full extent permitted
by law, on behalf of its officers, directors, employees, and agents, against any liability asserted
against or incurred by any officer, director, employee or agent in such capacity, or arising out of
the officer’s, director’s, employee’s, or agent’s status as such.
Section 4. Liability:
No member, individual, director, or staff member of the CSDA shall be personally liable to the
CSDA’s creditors, or for any indebtedness or liability. Any and all creditors shall look only to the
CSDA’s assets for payment.
DRAFT CSDA Bylaws Updates ‐ 2016 Page 24
ARTICLE VIII – LOCAL CHAPTERSAFFILIATED CHAPTERS
Section 1. Purpose:
The purpose of local affiliated chapters is to provide a local forum of members for the
discussion, consideration and interchange of ideas concerning matters relating to the purposes
and powers of special districts and the CSDA.
The local affiliated chapters may meet to discuss issues bearing upon special districts and the
CSDA. The chapters may make recommendations to the CSDA’s Board of Directors.
Section 2. Organization:
The regular voting members of CSDA are encouraged to create and establish local affiliated
chapters. In order to be recognized as a CSDA Chapter, each Chapter must approve and
execute a Chapter Affiliation Agreement in order to obtain the right to use the CSDA name,
logo, membership mailing list, intellectual property, endorsements, and CSDA staff support and
technical assistance in conducting Chapter activities. The terms and conditions of the Chapter
Affiliation Agreement are incorporated herein by this reference.
Each chapter formed prior to August 1, 2011, including but not limited to the following chapters
must have at least one CSDA member in their membership at all times: Alameda, Butte, Contra
Costa, Kern, Marin, Monterey, Orange (ISDOC), Placer, Sacramento, San Bernardino, San
Diego, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara and Ventura. Such existing
chapters may include as members local organizations, districts and professionals who are not
members of CSDA.
New chapters formed after August 1, 2011, are required to have 100 percent of their special
district members be current members of CSDA in order to be a chapter affiliate of CSDA. Such
local chapters may include members of local organizations and professionals who are not
members of CSDA.
Local Affiliated chapters shall be determined to be affiliates of the CSDA upon approval and
execution of the Chapter Affiliation Agreement by the local chapter and approval and ratification
of the Chapter Affiliation Agreement by the CSDA Board of Directors. The chapters shall be
required to provide updated membership lists to the CSDA at least annually.
CSDA and its local affiliated chapters shall not become or be deemed to be partners or joint
ventures with each other by reason of the provisions of these Bylaws or the Chapter Affiliation
Agreement.
Section 3. Rules, Regulations and Meetings:
Each local affiliated chapter shall adopt such rules and regulations, meeting place and times as
the membership of such local affiliated chapter may decide by majority vote. Rules and
regulations of the local affiliated chapter shall not be inconsistent with the Articles of
Incorporation or Bylaws of CSDA.
Section 4. Financing of Local Affiliated Chapters:
DRAFT CSDA Bylaws Updates ‐ 2016 Page 25
No part of CSDA’s funds shall be used for the operation of the local affiliate chapters affiliates.
CSDA is not responsible for the debts, obligations, acts or omissions of the local affiliate
chapters.
Section 5. Legislative Program Participation:
Local Affiliate chapters may function as a forum in regard to federal, state and local legislative
issues. The chapters may assist CSDA in the distribution of information to their members.
DRAFT CSDA Bylaws Updates ‐ 2016 Page 26
ARTICLE IX – AMENDMENTS TO THE BYLAWS
Section 1. Amendment Proposals:
Any regular voting member in good standing may propose changes to these Bylaws. The
proposed amendments shall be reviewed by the Board of Directors and submitted to the
Election and Bylaws Committee for their study.
After examination by the Election and Bylaws Committee and upon resolution approval by of the
Board of Directors the amendment proposals may be submitted for vote at the Annual Business
meeting of the members held by CSDA, at a specially called meeting, or by a mailed or
electronic ballot.
Section 2. Amendment Membership Meeting:
Prior notice in writing of the proposed amendment/s to these Bylaws shall be given either by first
class mail or by electronic transmission by the Board of Directors to the regular voting members
in good standing, not later than 45 days in advance of the amendment meeting pursuant to the
provisions of Article II, Section 6.C of these Bylaws. The electronic notice shall include copies of
the proposed amendments.
Electronic copies of the proposed amendment/s shall also be available on the CSDA website
for review by the regular voting members prior to the meeting. Copies of the proposed
amendments shall also be available for the regular voting members at the amendment
membership meeting.
The amendment membership meeting may be conducted as an electronic meeting pursuant to
the provisions of Article II, Section 6.D of these Bylaws.
Section 3. Mailed Written Bylaw Amendment Ballot:
The Board of Directors of CSDA may submit Bylaw amendments for approval of regular voting
members by mail or electronic ballot rather than by means of an amendment membership
meeting.
When a mailed written ballot is utilized used to amend these Bylaws, the ballot shall include the
text of all proposed Bylaw amendments and matters the Board of Directors intends to present
for action and vote by the members. Such written ballot shall contain the information specified in
Article II, Section 6.F of these Bylaws and shall be mailed distributed by CSDA to all regular
voting members either by first class mail or by electronic transmission at least 45 days in
advance of the date designated for return of the ballot. The ballot shall be mailed by first class
mail, not later than 45 days in advance of the date CSDA has designated for the receipt of the
ballot.
Written ballots shall be returned either by first class mail or by electronic communication to
either the principal business address of CSDA or CSDA’s designated electronic format specified
on the ballot prior to the close of business (5:00 pm) on the designated election date. Written
ballots received either by first class mail or electronic communication after the specified date
shall not be counted and will be deemed invalid.The amendment ballot must be received by
CSDA, no later than the established deadline date and time. Ballots received after the specified
deadline will be deemed invalid
DRAFT CSDA Bylaws Updates ‐ 2016 Page 27
Section 4. Bylaw Amendment Ratification:
A. Membership Meeting:
The proposed Bylaw amendments shall be deemed adopted by the members when the
number of votes cast by a majority vote of all regular voting members present at a such
membership meeting meets or exceeds the required, at which a quorum of 25 regular
voting members, and the number of votes cast approving the Bylaw amendments
constitutes a majority of votes cast, i.e., 50% plus one of regular voting members casting
ballots at such meeting, as defined in Article 2, Section 5 of these Bylaws, of the
members is present.
B. Mailed or Electronic Ballot:
The proposed Bylaw amendment/s shall be deemed adopted by a majority of the regular
voting members by mail or electronic ballot when the provisions of Article II, Section 6.H
of these Bylaws have been satisfied.when ballots have been returned by a quorum of
the regular voting members, and have been approved by a majority vote of the mail
ballots returned.
DRAFT CSDA Bylaws Updates ‐ 2016 Page 28
EXHIBIT A
Costa Mesa Sanitary District
... an Independent Special District
Project Status Report
Item Number:21.
Recommendation/Notes:
Recommendation: That the Board of Directors receive and file the report.
ATTACHMENTS:
Description Type
Project Status Report Cover Memo
COSTA MESA SANITARY DISTRICTCAPITAL IMPROVEMENT PROGRAMFY 2015-2016PROJECT:PROJECT MANAGER:DESCRIPTION:BEGIN DESIGN: Preliminary Civil Engineering - $131,047; Estimated construction cost - $5.8 million9/3/14 - Additional Preliminary Engineering Allocation - $10,000ESTIMATED COMPLETION DATE:3/25/2019STATUS REPORT:8/26/10 CMSD staff and two Directors met with OCSD staff on 8/4/10 to discuss the framework of the project. OCSD will be constructing its own gravity sewer to accept the CMSD and CNB flows and send it under the Santa Ana River to OCSD Plant No. 2. OCSD 10/26/10 - Provided OCSD with copies of all PS plans. OCSD hiring a consultant to prepare an EIR and alignment study in 2011. CMSD requested a joint EIR.12/20/10 - No change.01/27/11 - No change.4/28/11 - Staff met with 3 OCSD consultants to explain project.OCSD's first phase will be EIR & alignment study. CMSD requested OCSD EIR cover the CMSD work. 5/26/11 - Staff met with another potential OCSD consultant to review OCSD's scope of work. OCSD will soon be publishing their RFP.10/27/11 - OCSD selected Dudley as its consultant and is finalizing the consultant contract.11/30/11 - No change.12/15/11 - OCSD staff attended CMSD SSC meeting on 11/8/11 to discuss project timeline.1/26/12 - Kickoff meeting for OCSD's consultant Dudek scheduled for 1/11/12. Consultant has placed flow meters in CMSD lines to confirm flows.2/23/12 - CMSD District Engineer is providing scope of work for preliminary engineering for Board consideration.3/22/12 - CMSD District Engineer is providing preliminary engineering fee for Board consideration.4/16/12 - The Board is considering the District Engineer's proposal to perform the Preliminary Engineering.9/22/11 - OCSD is evaluating consultant proposals.8/25/11 - No change.02/24/11 - No change. Staff will be contacting OCSD to review their status. 11/18/10 - No change.7/28/11 - OCSD's preliminary schedule reflects completion of construction of OCSD's sewer facilities on 3/25/2019.6/23/11 - No change.Abandon 6 CMSD pumping stations, abandon the CNB station in the CNB island on W. 19th Street, and abandon the private pumping station on W. 18th Street by constructing new gravity lines.#101 West Side Pumping Station Abandonment7/1/2012Rob Hamers, District Engineer9/23/10 - OCSD was provided with plans, maps and flow figures for their review. OCSD will be hiring a consultant to prepare the design 03/24/11 - Staff met with OCSD Project Managers on 3/8/11 to review OCSD's scope of work and project timing.
COSTA MESA SANITARY DISTRICTCAPITAL IMPROVEMENT PROGRAMFY 2015-2016PROJECT:#101 West Side Pumping Station Abandonment5/24/12 - The Board approved the District's Engineer's proposal for the Preliminary Engineering.6/28/12 - District Engineer is working with OCSD consultant on confluence point for CMSD/CNB/OCSD sewers.7/26/12 - CMSD will be obtaining topographic information from OCSD's consultant and will sve $4,500 in the process due to cost sharing.8/20/12 - OCSD's surveyors are working on the topography.9/20/12 - The District Engineer has begun working with the topography provided by OCSD's surveyors and aerial photogrammist.10/25/12 - The District Engineer is continuing working with the topography provided by OCSD's surveyors.11/15/12 - The District Engineer is continuing working with the topography provided by OCSD's surveyors.12/20/12 - The District Engineer is continuing work on the preliminary engineering.1/24/13 - The District Engineer is continuing work on the preliminary engineering.2/28/13 - The District Engineer is continuing work on the preliminary engineering.3/28/13 - The District Engineer provided a narrative and map explaining the District's work to be included in the EIR NOP.4/18/13 - The District Engineer is continuing work on the preliminary engineering.5/23/13 - Engineer's Estimates for the work are being prepared.6/27/13 - Engineer's Estimates for the work are being prepared; the District Engineer reviewed 2 sections of the OCSD EIR as requested.7/25/13 - The District Engineer will be providing the preliminary budget at the 7/25/13 regular meeting.8/29/13 - The Board will review the District Engineer's staff report on the preliminary engineering at the 8/20/13 study session.9/26/13 - The Preliminary Engineering report will be reviewed at the October 15 Study Session.10/24/13 - The Preliminary Engineering Report will be reviewed at the October 15 Study Session.11/21/13 - The preliminary engineering report was reviewed at the 11/12/13 study session.12/19/13 - No change in status.1/23/14 - No change in status.2/25/14 - No change in status.3/27/14 -No change in status.4/24/14 - No change in status.5/22/14 - No change in status.6/26/14 - The EIR is complete and will go to the OCSD Board for certification on 7/23/14. The OCSD RFP for final design will be advertised in August.7/24/14 - A special meeting is set for 7/22/14 to determine funding for potentially high park restoration and maintenance costs.8/28/14 - CMSD and OCSD are preparing Engineer's Estimates for CMSD's portion of the work. OCSD has proposed an Agreement on the need for all abandonment facilities to be in operation.9/25/14 -OCSD certified the project EIR; CMSD is completing a limited soils investigation to determine micro tunneling costs and total project costs.10/23/14- Soils report sent to micro tunneling contractor for cost estimate; with these results, CMSD can prepare a new cost estimate for entire project; OCSD has completed their estimate.11/20/14 - Engineering staff is preparing a new cost estimate for the project based on cost estimates from two contractors.12/18/14 - Engineering staff has finalized the new construction cost estimate and is presenting to the GM.1/22/15 - Engineering staff has finalized the construction cost estimate and presented the estimate to OCSD. Next step is CMSD financial planning
COSTA MESA SANITARY DISTRICTCAPITAL IMPROVEMENT PROGRAMFY 2015-2016PROJECT:#101 West Side Pumping Station Abandonment followed by consideration of the MOU from OCSD.2/26/15 - Project financing is being discussed at the 2/10/15 study session.3/26/15 - The Board of Directors will be considering the MOU with OCSD and Newport Beach at the regular meeting.4/23/15 - The Board approved the MOU with OCSD at the March 2015 Board meeting; the District Engineer is finalizing the final engineering design phase budgets.5/28/15 - The Board discussed the final engineering phase at the 5/12/15 study session.6/25/15 - The District Engineer has started the consultant selection process for the final engineering phase.7/23/15 -District is waiting for NB and OCSD approval of agreement. Board approved District Engineer administration contract.8/27/15 - No change in status.9/17/15 - The General Manager and District Engineer have a meeting with OCSD in mid September to discuss the project.10/22/15 - OCSD study of Fairview Trunk is underway to determine if it requires upsizing even if 6-19 and #101 are implemented. Results will be available end of November.11/19/15 - No change in status.1/28/16 - Staff is awaiting the results of the OCSD Study of the OCSD Fairview Road trunk.2/25/16 - The General Manager and District Engineer are meeting with OCSD officials on 2/10/16 to discuss the recent flow study.3/24/16 - OCSD Staff stated on 2/10/16 they intend to go ahead with the abandonment sewer project.4/28/16- OCSD Staff presented a new engineer's estimate of project costs showing an increase from $15 million to $28 million; OCSD Staff continues to support the project.5/26/16 - The OCSD Operations Committee meeting of 5/4/16 included discussion on whether to proceed on the 6-19 project, which is OCSD's portion of this project.Account NumberEncumbrances Balance#101 3,946,446$ 183,058$ 677$ 2,500$ 3,760,211$ Total 3,946,446$ 183,058$ 677$ 2,500$ 3,760,211$ Approved Proj Budget June 30, 2015 Accumulated Cost Current Year Expenditures
COSTA MESA SANITARY DISTRICTCAPITAL IMPROVEMENT PROGRAMFY 2015-2016PROJECT:PROJECT MANAGER:DESCRIPTION:BEGIN DESIGN:Civil Design - $21,133.50; Civil Contract/Admin/Inspection - $48,470#196-A (Victoria, Mendoza & Elden By-Pass Pumps) - Engineer's Estimate: $500,000#196-B (Canyon Generator) - Engineer's Estimate: $100,000ESTIMATED COMPLETION DATE:STATUS REPORT: Low Bid 196-D - $196,7093/28/13 - The District Engineer and General Manager are working with the cities of Costa Mesa and Newport Beach regarding above-ground emergency equipment.4/18/13 - No change in status.5/23/13 - A soils investigation is being performed for the 23rd P.S. location in the right-of-way slope. Two other locations will be housed in prefabricated buildings.6/27/13 - The City of Costa Mesa is reviewing the design for the 3 stations in Costa Mesa9/26/13 - The District Engineer has provided a staff report for the 9/26/13 regular meeting on the status of the project.10/24/13 - Installation at the Elden, Victoria, and Mendoza stations is out to bid as 196-A, and installation at the Canyon Station is out to bid as 196-B.11/21/13 - Bid opening for 196-B Canyon Generator was 11/5/13 and the low bidder is Avram Electric in the amount of $64,815.#196 Installation of Backup Power and Pumping CapabilityRob Hamers, District EngineerInstall backup standby diesel generator at two pumping stations and install backup pumping April 23, 201205/24/12 - District's Engineer's office is in design of the backup pumping systems while another consultant, PDE, is in design on the standby diesel gabove-ground emergency equipment.Newport Beach regarding above-ground emergency equipment.Newport Beach regarding above-ground emergency equipment.District Engineer is also finalizing the plans for the standby diesel generator at the Canyon pumping station.9/20/12 - Plans were submitted to the cities of Costa Mesa and Newport Beach for first plan check.7/25/13 - Engineering staff is awaiting City of Costa Mesa comments on building design at three sites, whJan - 156/28/12 - Plans and specs are 30% complete.11/15/12 - The District Engineer is working with the cities of Costa Mesa and Newport Beach regarding abNewport Beach regarding above-ground emergency equipment.7/26/12 - Plans and specs are 60% complete.8/20/12 - Engineering staff is performing final review prior to submitting the plans for plan check.
COSTA MESA SANITARY DISTRICTCAPITAL IMPROVEMENT PROGRAMFY 2015-2016PROJECT:#196 Installation of Backup Power and Pumping Capability12/19/13 - Bid opening for 196-A was held 11/20/13 and award construction contract on the 12/19/13 agenda to GCI in the amount of $485,200 and $222,080 equipment.1/23/14 - Work is occurring on 196-A at Elden, Victoria, and Mendoza pump stations and #196-B at Canyon pump station.2/25/14 - Construction on #196-A is 10% complete and #196-B is 50% complete.3/27/14 - Construction on #196-A is 15% complete and #196-B is 60% complete.4/24/14 - #196-A is 40% complete and #196-B is 95% complete.5/22/14 - The building was installed at Victoria PS on 5/8/14; #196-A is 75% complete. #196-B is complete.6/26/14 - Installation of the backup pumping units at Victoria and Mendoza pump stations is complete.7/24/14 - Installation at Elden will continue after contractor moves golf course fence.8/28/14 - The District/SACC Agreement for moving the golf course fence was approved and construction is set to continue.9/25/14 - #196-A Elden, Victoria, Mendoza back-up pumps complete; #196-B Generator at Canyon pump station complete; #196-C 23rd back-up pump is in design at structural engineer; #196-D Generator at Irvine pump station; waiting on Gas Co. for proposed meter location prior to finalizing plans.10/23/14 - GM prefer generator at 23rd P.S. instead of backup unit requiring partial redesign; 196-D Irvine P.S Generator for designing meter assembly by Gas Co.11/20/14 - Electrical engineering consultant now retained for generator design for #196-C 23rd Station; Design for #196-D Irvine P.S. is continuing.12/18/14 - 23rd PS generator for #196C requires a larger block wall structure than the backup pump. The generator for the Irvine PS for #196-D will soon be out to bid.1/22/15 - 196-C - Project in design at electrical engineer's office; design is for backup generator. 196-D - Project out to bid with bid opening 1/20/15.2/26/15 - #196D Irvine bid opening is on 2/16/15 meeting agenda; 196-C 23rd is in design.3/26/15 - The pre-construction meeting for 196-D Irvine is 3/18/15; 196-C 23rd is still in design.4/23/15 - The Kohler generator for #196-D Irvine has been ordered; #196-C 23rd is still in design.5/28/15- The notice to proceed for #196-D was issued and construction should be complete by the end of June 2015; #196-C 23rd is in plan check at Newport Beach.6/25/15 - Cosntruction is progressing at Irvine P.S. #196-D. The plans for 23rd P.S. generator are in plan check at Newport Beach.7/23/15 - Construction is 90% complete at Irvine P.S. #196-D. District Engineer is working with NB on plan check items for 23rd P.S. #196-C.8/27/15 - Construction is 95% complete at Irvine P.S. 196-D; District Engineer is waiting for decision on plan check items from Newport Beach on 23rd PS #196C.9/17/15 - The new exhaust system is being installed at Irvine PS #196-D; consultants are completing the plan check corrections from N.B. on 23rd PS #196-C.10/22/15 - Installation complete at 196-D Irvine; exhaust system in, new gas company meter in; arranging start up; #196C 23rd out to bid; bid opening 11/24/15.11/19/15 - Generator at 196-D Irvine is on line; Generator at 196-C 23rd is out to bid.12/17/15 - #196-D Irvine Generator is nearly complete. #196-C 23rd generator is ready for award of the construction contact; low bid was $179,400.1/28/16 - #196-D Irvine PS Generator is complete except for AQMD processing; #196-C 23rd PS Generator will soon start construction. 2/25/16 - #196-D - The Board accepted the improvements at the 1/28/16 regular meeting. AQMD processing will occur soon.
COSTA MESA SANITARY DISTRICTCAPITAL IMPROVEMENT PROGRAMFY 2015-2016PROJECT:#196 Installation of Backup Power and Pumping Capability2/25/16 - #196-C- The permit from Newport Beach is ready. The eletrical engineer is reviewing the generator submittal.3/24/16 - #196-C - 23rd Pump Station Generator - construction is 50% complete.4/28/16 - #196-C 23rd Pump Station Generator is 80% complete; generator should arrive approximately 4/18/16.5/26/16 - #196-C 23rd Pump Station was completed on May 6, 2016.Account NumberEncumbrances Balance#196-A Elden, Victoria, Mendoza 790,000$ 770,845$ 19$ -$ 19,135$ #196-B Canyon 115,000 115,335 - - (335) #196-C 23rd Street 340,000 21,061 171,688 15,077 132,175 #196-D Irvine405,000 145,245 242,414 4,950 12,392 Total 1,650,000$ 1,052,486$ 414,121$ 20,027$ 163,367$ Approved Project Budget June 30, 2015 Accumulated Cost Current Year Expenditures
COSTA MESA SANITARY DISTRICTCAPITAL IMPROVEMENT PROGRAMFY 2015-2016PROJECT:PROJECT MANAGER:DESCRIPTION:The Wilson, Victoria, Mendoza, and South Coast Plaza force mains are being replaced with new force mains.BEGIN DESIGN:Civil Design - $82,593ESTIMATED COMPLETION DATE:Late 2014STATUS REPORT:12/19/13 The design phase has begun.1/23/14 - The design phase is continuing.2/25/14 - The design phase is 40% complete.3/27/14 - The design phse is 60% complete.4/24/14 - The design phase is 70% complete.5/22/14 -Mendoza force main is out to bid as a separate project due to upcoming City alley project. Engineer's estimate is $102,000. Bid opening is 6/2/14.6/26/14 - GCI Construction is low bidder in the amount of $82,540 for Project #200-A Mendoza Force Main.7/24/14 - 1st day of work for Project #200-A was 6/23/14; plans are 75% complete for Harbor, Victoria, SCP.8/28/14 - All work was completed on #200-A Mendoza force main and the Board will final the project on 8/28/14.9/25/14 - #200-A Mendoza PS new force main is complete. Design phase of Harbor, Victoria & South Coast Plaza continuing; will be meeting with SC Plaza.10/23/14 - The plans are 90% complete and were submitted to the City, SCP, and the utility agencies the week of 10/12/14.11/20/14 - Staff met with SCP Management on 11/6/14 to discuss their concerns. Staff will be meeting with the City of Costa Mesa engineering staff.12/18/14 - Staff is working with SCP Mgt's over redirecting FM flows. Staff will be meeting with City engineering to discuss the Harbor and Victoria FM1/22/15 - CCTV and flow metering will occur in the gravity system downstream of the new force main alignment at South Coast Plaza. New Harbor force main and Victoria force main were discussed with the City Engineer.2/26/15 - Harbor force main improvements will be constructed first as the top priority; design phase is continuing.3/26/15 - Alternate construction methods for Harbor force main are being investigated.4/23/15 - The Harbor Force Main will be bid by itself with two alternate methods.5/28/15 - The Harbor Force Main plans are being completed.6/25/15 - The Harbor Force Main plans are in plan check at the City of Costa Mesa.7/23/15 - Plans for Harbor Force Main are 95% complete.8/27/15 - Request for utility atlas sheets was sent for three utilities to verify clearances from excavation areas.#200 Rehabilitation of Four Force MainsRob Hamers, District EngineerDec-13
COSTA MESA SANITARY DISTRICTCAPITAL IMPROVEMENT PROGRAMFY 2015-20169/17/15- Utility locations in the areas of the boring and receiving pits are being finalized.10/22/15 - Finalizing jack and bore details in Wilson Street crossing Harbor Blvd. Considering notification program.11/19/15 - The specifications are being completed.12/17/15 - The specifications and bid items are being completed.1/28/16 - The project will soon be placed out to bid.2/25/16 - #200-B - The Harbor force main is out to bid with bid opening on 3/1/16.3/24/16 - #200-B Harbor Force Main bid opening was 3/1/16 and low bid was $247,720. Project award is on the agenda.4/28/16 - #200-B Harbor Force Main construction will begin approximately 6/1/16; #200-C South Coast Plaza Force Main; a conceptual design has been finalized.5/26/16 - #200-B Harbor Force Main will begin construction in early June; #200-C South Coast Plaza Force Main will soon be out to bid.Approved June 30, 2015 Current YearAccount NumberProject BudgetAccumulated CostExpendituresEncumbrancesBalance#200-A Mendoza 209,000$ 209,068$ -$ -$ (68)$ #200-B Harbor 821,868$ -$ 10,208$ 7,500$ 804,161$ Total 1,030,868$ 209,068$ 10,208$ 7,500$ 804,093$
COSTA MESA SANITARY DISTRICTCAPITAL IMPROVEMENT PROGRAMFY 2015-2016PROJECT:PROJECT MANAGER:DESCRIPTION:BEGIN DESIGN:Estimated Project budget: Civil Design $11,483.50 plus $6,500 for new construction #196-A Godwin pump and requests by field crew. Construction - Engineer's Estimate: $431,210ESTIMATED COMPLETION DATE:December, 2014STATUS REPORT:10/24/13 - Engineering staff met with the field crew to discuss possible additional replacement of valves inside station.11/21/13 - The design phase is continuing; the plans are 60% complete.12/19/13 - The plans are 90% complete and the Engineer's Estimate is being prepared.1/23/14 - The plans are 100% complete. Staff is exploring combining this work with 196-A, installation of a backup pump at Elden Pump Station.2/25/14 - The project is being discussed at the study session.3/27/14 - The need for additional funding has moved the project into the next 2-year budget cycle, beginning 2015-2016; strategic improvements are being included as extra work in Project #196-A.4/24/14 - The strategic improvements for this project were added to Project #196-A.5/22/14 - The strategic improvements for this project were constructed on 5/8/14.6/26/14 - No change in status.7/24/14 - The remaining improvements under this project will likely be constructed in the 2015-16 fiscal year.8/28/14 - The project will likely receive funding in the 2015-2016 Fiscal Year to complete the replacement.9/25/14 - No change in status.10/23/14 - No change in status.11/20/14 - No change in status.12/18/14 - No change in status.1/22/15 - No change in status. 2/26/15 - Project will be budgeted for 2015-16 or 2016-17.3/26/15 - No change in status.4/23/15 - No change in status.5/28/15 - No change in status.6/25/15 - No change in status.7/23/15 - No change in status.8/27/15 - No change in status.#202 Elden Piping and Valve ReplacementRob Hamers, District EngineerReplace 37-year old piping and valves outside Elden PumpingOctober, 2013
COSTA MESA SANITARY DISTRICTCAPITAL IMPROVEMENT PROGRAMFY 2015-20169/17/15- No change in status.10/22/15 - Design phase will be re-started in mid October 2015.11/19/15- Design phase re-started with meeting with field crew.12/17/15 - The plans are nearly complete; 2nd meeting held with field crew.1/28/16 - The project will soon be placed out to bid.2/25/16 - The project is out to bid with bid opening on 3/1/16.3/24/16 - Bid opening was 3/1/16 and low bid was $259,300. Projet award is on the agenda.4/28/16 - Construction will begin approximately 6/1/16.5/26/16 - Construction began in mid May, 2016.Approved June 30, 2015Current Year to DateAccount NumberProject BudgetAccumulated CostExpendituresEncumbrancesBalance#202459,000$ 10,567$ 7,829$ -$ 440,604$ Total459,000$ 10,567$ 7,829$ -$ 440,604$
COSTA MESA SANITARY DISTRICTCAPITAL IMPROVEMENT PROGRAMFY 2015-2016PROJECT:PROJECT MANAGER:DESCRIPTION: BEGIN DESIGN:Civil Design -ESTIMATED COMPLETION DATE:STATUS REPORT:5/1/15 - Paid City invoice for fiscal years 2011 thru 2013 for a total of 446 Manholes8/27/15 - Three invoices for recent work were received from the City.9/17/15 - The District pays invoices when receiv3ed and number of manholes verified.10/22/15 - No change in status.11/19/15 - No change in status.12/17/15 - No change in status.1/28/16 - No change in status.2/25/16 - No change in status.3/24/16 - The City will be sending a new request for manhole adjustment reimbursement.4/28/16 - The City transmitted a preliminary invoice for adjusting 69 manhole frames and covers.5/26/16 - No change in status.Approved June 30, 2015Current Year to DateAccount NumberProject BudgetAccumulated CostExpendituresEncumbrancesBalance20-201309-4300 340,500$ 174,401$ 31,617$ -$ 134,483$ 340,500$ 174,401$ 31,617$ -$ 134,483$ #309 City Manhole Adjustment ProgramRob Hamers, District EngineerManholes adjusted by City of Costa Mesa during street contruction
COSTA MESA SANITARY DISTRICTCAPITAL IMPROVEMENT PROGRAMFY 2015-2016PROJECT:PROJECT MANAGER:DESCRIPTION: BEGIN DESIGN:Civil Design $22,610ESTIMATED COMPLETION DATE:STATUS REPORT:8/27/15 - The design phase has been started.9/17/15- The design phase is 15% complete.10/22/15 - Design phase is 50% complete.11/19/15 - Design phase is 80% complete.12/17/15 - Design phase is 90% complete.1/28/16 - Plans were submitted to OCFCD for a permit to use the Santa Ana Delhi Channel for access.2/25/16 - The project is out to bid with bid opening on 3/1/16.3/24/16 - Bid opening was 3/1/16 and low bid was $218,458. Project award is on the agenda.4/28/16 - Preconstruction meeting was held 4/1/16; preliminary work will begin 4/7/16.5/26/16 - Construction is underway.Approved June 30, 2015Current Year to DateAccount NumberProject BudgetAccumulated CostExpendituresEncumbrancesBalance20-201310-4300 353,000$ -$ 25,460$ -$ 327,540$ 353,000$ -$ 25,460$ -$ 327,540$ #310 Indus Sewer and MH LiningRob Hamers, District EngineerInsall liner in 10" gravity sewer and manholes.
COSTA MESA SANITARY DISTRICTCAPITAL IMPROVEMENT PROGRAMFY 2015-2016PROJECT:PROJECT MANAGER:DESCRIPTION: BEGIN DESIGN:Civil Design -Sep-13ESTIMATED COMPLETION DATE:STATUS REPORT: 9/17/15 The design phase has been started.10/22/15 - The project is out to bid with bid opening 10/19/2015.11/19/15 - Low bid for 43 manholes is $47,420; contract being executed.12/17/15 - The pre-construction meeting is 12/11/15. 1/28/16 - Construction is underway.2/25/16 - Construction is continuing.3/24/16 - Construction is continuing.4/28/16 - Construction is complete and the project is on the regular meeting agenda for acceptance of improvements.5/26/16 - The project is complete. Approved June 30, 2015Current Year to DateAccount NumberProject BudgetAccumulated CostExpendituresEncumbrancesBalance20-201311-4300 150,000$ -$ 82,829$ 5,005$ 62,166$ 150,000$ -$ 82,829$ 5,005$ 62,166$ #311 Manhole Surface Repair Program - Phase IIRob Hamers, District Engineer
COSTA MESA SANITARY DISTRICTCAPITAL IMPROVEMENT PROGRAMFY 2015-2016PROJECT:PROJECT MANAGER:DESCRIPTION: BEGIN DESIGN:Civil Design -In General Eng.ESTIMATED COMPLETION DATE:STATUS REPORT: 9/17/15 Informal bid opening is 9/8/15.10/22/15 - Contract awarded to Schuler Constructors; pump and equipment ordered.11/19/15 - Contract being executed.12/17/15 - All pumping equipment has been received and contractor is preparing schedule.1/28/16 - Construction is underway.2/25/16 - Construction was completed on 1/28/16.3/24/16 - The Board accepted the iomprovements at the February 2016 regular meeting.4/28/16 - An electrical contractor will be replacing the electrical enclosure with a new stainless steel enclosure.5/26/16 - The electrical enclosure is being manufactured. Approved June 30, 2015Current Year to DateAccount NumberProject BudgetAccumulated CostExpendituresEncumbrancesBalance20-201312-4300 90,000$ -$ 89,581$ -$ 419$ 90,000$ -$ 89,581$ -$ 419$ #312 Aviemore Pump Station RehabilitationRob Hamers, District EngineerReplace existing pumps, bases, valves, piping, guide rails, and by-pass valves.
COSTA MESA SANITARY DISTRICTCAPITAL IMPROVEMENT PROGRAMFY 2015-2016PROJECT:PROJECT MANAGER:DESCRIPTION: BEGIN DESIGN:ESTIMATED COMPLETION DATE:STATUS REPORT:4/28/16 - 18 Grade 5 pipes found during CCTV project are being put out for emergency repair or replacement..5/26/16 - Project was awarded to Robotic Sewer Solutions for low bid of $25,000. Approved June 30, 2015Current Year to DateAccount NumberProject BudgetAccumulated CostExpendituresEncumbrancesBalance20-201314-4300 57,000$ -$ -$ -$ 57,000$ 57,000$ -$ -$ -$ 57,000$ #314 Grade 5 Pipe RehabilitationRob Hamers, District EngineerReplace existing piping deemed Grade 5 in CCTV project.
COSTA MESA SANITARY DISTRICTCAPITAL IMPROVEMENT PROGRAMFY 2015-2016PROJECT:PROJECT MANAGER:DESCRIPTION: BEGIN DESIGN:Apr-16cluding survey $17,290 Electrical Engineering Design $8,590ESTIMATED COMPLETION DATE:November 2016STATUS REPORT:5/26/16 - Design phase is underway. Approved June 30, 2015Current Year to DateAccount NumberProject BudgetAccumulated CostExpendituresEncumbrancesBalance20-201315-4300 157,000$ -$ -$ -$ 157,000$ 157,000$ -$ -$ -$ 157,000$ #315 Relocation of HQ Generator to Gisler Pump StationRob Hamers, District EngineerRelocation of HQ Generator to Gisler Pump Station
Costa Mesa Sanitary District
... an Independent Special District
Conflict of Interest Report
Item Number:22.
Recommendation/Notes:
Nothing to Report at this time.
Costa Mesa Sanitary District
... an Independent Special District
Project 196-C Installation of Backup Power for 23rd Pump Station – Acceptance of
Improvements
Item Number:23.
Recommendation/Notes:
Recommendation: That the Board of Directors:
1. Accept improvements as completed and file a Notice of Completion.
2. Authorize payment of 5% retention 35 days after Notice of Completion is recorded.
3. Exonerate Labor and Material Bond 35 days after Notice of Completion is recorded and
exonerate Faithful Performance Bond one year after Notice of Completion is recorded.
ATTACHMENTS:
Description Type
Project 196-C Installation of Backup Power for 23rd Pump Station –
Acceptance of Improvements Cover Memo
Protecting our community's health and the environment by providing solid waste and sewer collection services.
www.cmsdca.gov
Costa Mesa Sanitary District
….an Independent Special District
Memorandum
To: Board of Directors Via: Scott Carroll, General Manager
From: Rob Hamers, District Engineer
Date: May 26, 2016
Subject: Project 196-C Installation of Backup Power for 23rd Pump Station – Acceptance of Improvements
Summary
Construction of the improvements was completed on May 6, 2016, therefore, it is appropriate for the District to accept the improvements and file a notice of completion
Staff Recommendation
That the Board of Directors approves the following action:
1. Accept improvements as completed and file a Notice of Completion.
2. Authorize payment of 5% retention 35 days after Notice of Completion
is recorded.
3. Exonerate Labor and Material Bond 35 days after Notice of Completion is
recorded and exonerate Faithful Performance Bond one year after Notice
of Completion is recorded.
Analysis
The project provided for the installation of a diesel generator to provide backup power
for the District’s 23rd Pump Station at 2401 23rd Street in Newport Beach. Providing
backup power or backup pumping is a goal of the District due to the unreliability of Edison power over the past five years.
The contractor for the project was the same contractor who successfully installed the
backup generator at the Canyon Pumping Station. The scope of work for the generator
installation involved re-grading and re-compacting the existing slope in the 23rd Street right-of-way, constructing a concrete slab with retaining walls on three sides,
Board of Directors May 26, 2016
Page 2 of 3
constructing a metal roof, and installing a roll up door. Switches and electrical gear
were installed inside the enclosure and from this point, three conduits were installed
leading to the existing pump station electrical panel. As with other District generators,
the generator is wired to start automatically when Edison power to the station is
interrupted.
Because the pump station and street are in Newport Beach, an encroachment
agreement with the City was required. This agreement was approved by the Board of
Directors at the April 28, 2016 regular meeting. Strategic Plan Element & Goal
This item complies with Strategic Plan Element 1.0, Sewer Infrastructure and Goal No.
1.4 System Wide Sewer Replacement and Repair Program.
Legal Review The Attorney for the District prepared and signed the construction contract for the
work.
Environmental Review
The addition of a generator to provide backup power is categorically exempt under the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000
et. seq.) under Section 15301 as a “Class 1” “minor alteration of existing public or
private structures”, as further described in Section (b) as “Existing facilities of both
investor and publicly-owned utilities used to provide .... sewerage ...”.
Financial Review The total budget for project #196-C, 23rd Street Pump Station Backup Power and
Pumping Capability is $340,000. The project to date expenses total $207,825,
including encumbrances. The remaining available budget is $132,175 which is
sufficient to cover expenses incurred but not yet billed and retentions payable.
Public Notice Process
Copies of this report are on file and will be included with the complete agenda packet
for the May 26, 2016 Board of Directors regular meeting at District Headquarters and
posted on the District’s website.
Alternative Actions
1. Direct staff to report back with more information.
Attachment: Notice of Completion
Reviewed by:
Wendy Hooper Davis
Finance Manager
Board of Directors May 26, 2016
Page 3 of 3
EXEMPT RECORDING REQUESTED
PURSUANT TO SECTION 6103,
GOVERNMENT CODE
AND WHEN RECORDED MAIL TO: NOELANI MIDDENWAY
CLERK OF THE DISTRICT
COSTA MESA SANITARY DISTRICT 628 W. 19TH STREET COSTA MESA, CA 92627-2716 THIS SPACE FOR RECORDER’S USE ONLY ___________________________________________________________________________________
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is owner of sewer facilities as hereinafter described.
2. The full name of the undersigned is COSTA MESA SANITARY DISTRICT.
3. The full address of the undersigned is 628 W. 19th Street, Costa Mesa, CA 92627-2718.
4. The nature of the title of the undersigned is owner of sanitary sewer main line facilities subject to the following project: #196-C Installation of Backup Power for 23rd Street Pump Station
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint
tenants or as tenants in common are:
None 6. The names of the predecessors in interest of the undersigned if the property was transferred
subsequent to the commencement of the work of improvement herein referred to:
None
7. A work of improvement on the property hereinafter described was completed on or around
May 6, 2016.
8. The name of the contractor, if any, for such work of improvement was:
TSR Construction 8764 Avenida Leon
Rancho Cucamonga, CA 91730 (909) 331-7749
9. The property of which said work of improvement was completed is in the County of Orange,
State of California, and is described as follows:
Inside 23rd Street right-of-way at 2141 Indian Spring Lane, Newport Beach.
10. The street address of said property is:
Inside 23rd Street right-of-way at 2141 Indian Spring Lane, Newport Beach.
DATED this ________ day of ______________ 2016.
COSTA MESA SANITARY DISTRICT
________________________________
MICHAEL SCHEAFER, PRESIDENT
ATTEST:
__________________________________ ROBERT OOTEN, SECRETARY
STATE OF CALIFORNIA)
COUNTY OF ORANGE )SS CITY OF COSTA MESA )
The undersigned, being duly sworn says: That he is the President of the Costa Mesa Sanitary District; that
he has read the foregoing instrument and knows the content thereof, and that the facts stated therein are true, and that he makes this certification by authorization granted by the Board of Directors of the Costa
Mesa Sanitary District.
_______________________ MICHAEL SCHEAFER
Costa Mesa Sanitary District
... an Independent Special District
1527 Newport Blvd. – Acceptance of Sewer Improvements Constructed by Private
Developer
Item Number:24.
Recommendation/Notes:
Recommendation: That the Board of Directors accept sewer improvements and exonerate
bonds.
ATTACHMENTS:
Description Type
1527 Newport Blvd. – Acceptance of Sewer Improvements Constructed
by Private Developer Cover Memo
Costa Mesa Sanitary District
... an Independent Special District
ADJOURN TO CLOSED SESSION
Item Number:26.
Recommendation/Notes:
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
(Government Code Section 54956.9(d)(1)):
1. Costa Mesa Sanitary District v. Santa Ana Regional Water Quality Control Board (OC Sup
Ct # 30-2016-0084260 CU-CM-CJC)
(Government Code Section 54956.9(d)(1) and (4):
2. Claim of Costa Mesa Sanitary District filed with the Victim Compensation and Government
Claims Board, Claim No. C628876 (Caltrans)