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Agenda Packets - Board - 2007-01-17Art ]Perry President Arlene Schafer Vice President Bob ®oten Secretary Jim Ferryman Gary Monahan Director Director Regular Meeting ® Wednesday, January 17, 2007 RECOMMENDED ACTION I. CALL TO ORDER — 6:00 p.m. — 628 W. 19th Street, Costa Mesa II. PLEDGE OF ALLEGIANCE — Director Monahan III. INVOCATION — Tom Fauth IV. ROLL CALL (If absences occur, consider whether to deem those absences excused based on facts presented for the absence — such determination shall be the permission required by law.) V. CONSENT CALENDAR - All matters listed under the Consent Calendar are considered to be routine and will be enacted in one motion in the form listed below. There will be no separate discussion on these items prior to the time the Board votes on the motion, unless members of the Board request specific items to be removed from the Consent Calendar for discussion, in which event the item will be removed from the Consent Calendar and considered in its normal sequence on the agenda. Reports Minute Approval 1. Special Meeting — December 6, 2006 2. Investment Oversight Committee — December 14, 2006 3. Regular Meeting — December 14, 2006 Protecting our community's health 6y providing soAdwaste andsewercoQection services. www.cmsdca.gov AGENDA Manager's Reports 4. Refunds 5. Occupancy Report and payment to Costa Mesa Disposal — December 2006 6. Monthly Spill Report to State Water Resources Board 7. Minutes of Safety /Loss Control Meeting held on December 19, 2006 8. Minutes of Office Staff Meeting held on December 13, 2006 9. Additional Container Program Report Engineer's Reports 10. Project Status Report Treasurer's Reports 11. Financial Reports as of December 31, 2006 12. Treasurer's Reports as of December 31, 2006 13. Warrant Register for the month of December 2006 in the amount of $552,780.25 14. Directors' Compensation and Reimbursement of Expenses for the Month of December 2006 - -END OF CONSENT CALENDAR- - - - - -- VI. WRITTEN COMMUNICATIONS VII. PUBLIC COMMENTS VIII. MANAGER'S REPORTS A. Trash Container Refund Request from Dan DeBassio at 2568 Westminster Avenue B. CMSD Strategic Plan 1. Year 2005/2006 Strategic Planning Action Items 2. Year 2007/2008 Strategic Planning Workshop Scheduled for January 26 & 27, 2007 a. Pre - Meeting — January 22, 2007 at 6:00 p.m. C. District Yard Update January 17, 2007 Page 2 RECOMMENDED ACTION Approve Approve Receive & File Receive & File Receive & File Receive & File Receive & File Receive & File Receive & File Ratify Payments Approve Compensation & Ratify Expenses --------------------- - - - - -- Consider Receive & File Confirm Dates Confirm Date Accept Report Protecting our community's fiedth by Ong sofid waste and sewer codwtion services. www.cms&w.gov S njtar ,v.: DistYaet AGENDA D. New District Headquarters a. Building and Grounds Ad Hoc Committee i. Update on Column Improvements, Painting & Landscaping E. Recycling Reports 1. Waste Diversion Report – December 2006 F. Contract Payment to CR Transfer for Recycling Services and Disposal 1. Payment for December 2006 Services G. Ordinance Enforcement Officer's Report H. Update on Monitor Video I. District Receptionist and Part -Time Assistant Accountant J. Recycling Committee — Wednesday, January 17, 2006 4:30 p.m., CMSD Board Room, 628 W. 19th Street, Costa Mesa) (Directors Ooten and Ferryman) 1. Recycling Committee Goals for 2005/2006 and 2007/2008 2. Telephone Book Recycling Program –November 13 through December 29, 2006 3. E -Waste Event – February 24, 2007 at City Corporation Yard 4. Disposal of Electronic and Universal Wastes through CR &R 5. Source Reduction 6. Integrated Waste Management Department Matching Fund Opportunity IX. ENGINEER'S REPORTS A. Waste Discharge Requirements (WDR) 1. General Update B. 330 W. Bay Street; Tract No. 16694; Construction of CMSD Sewer January 17, 2007 Page 3 RECOMMENDED ACTION Accept Report Receive & File Ratify Subject to Verification of Diversion Report by Staff Accept Report Accept Report Verbal Report Establish New Goals Accept Report Accept Report Accept Report Accept Report Accept Report Accept Report Accept Improvements; File Notice of Completion; Accept Sewer Easement, Execute & Record; & Exonerate Bonds at; Appropriate Intervals' Protecting our community's health bypmv0ing sofid waste and sewer coffwtion sen*es. wWw. crosicagov AGENDA January 17, 2007 Page 4 RECOMMENDED ACTION C. 2501 Harbor Blvd; Tract No. 16937; Construction of CMSD Sewer Accept Improvements; File Notice of Completion; Accept Sewer Easement, Execute & Record; & Exonerate Bonds at Appropriate Intervals X. TREASURER'S REPORTS A. Professional Services Agreement with CBIZ Accounting, Tax and Approve & Execute Advisory of Orange County, LLC for Treasurer Services Agreement B. Resolution No. 2007 -730 —Appointment of District Treasurer Adopt Resolution C. Resolution No. 2007 -731 Authorizing Investment of Monies in the Adopt Resolution Local Agency Investment Fund D. Resolution No. 207 -732 Authorizing District Treasurer and Deputy District Adopt Resolution Treasurer to Execute Transactions in Accordance with a Custody Agreement with the Bank of New York XI. ATTORNEY'S REPORTS A. CMSD Ordinance No. 57 Regarding Trash Containers Adopt Ordinance B. Selected Laws All Public Officers Should Know Accept Report C. Public Records Act Request for Sewer Line and Pump Station Consider Maintenance and Service Records D. Astin, Locke v. CMSD (Sup. Court Case No. 06CC05755) Status Report Coverage and (Possible need for closed session Pursuant to Government Code 54956.9(a) Defense Status Report E. Agreement for E -Waste Event on February 24, 2007 Approve XII. LOCAL MEETINGS (Includes Reports by all Directors Representing CMSD) A. Orange County Sanitation D istrict (OCSD) — December 20, 2006 Accept Report (Director Ferryman) B. Santa Ana River Flood Protection Agency (SARFPA) Accept Report (President Perry) C. Independent Special Districts of Orange County (ISDOC) Accept Report (Director Schafer) D. Local Agency Formation Commission (LAFCO) Accept Report (Director Schafer) Protecting out community's health 6y progriQing solid waste and sewer collection services. www.crosika gov saa Saniarv��sirct AGENDA E. California Special Districts Association (CSDA) (Director Schafer) F. California Association of Sanitation Agencies (CASA) G. Other Meetings Qualifying for Reimbursement under CMSD Ordinance No. 55, Operations Code Section 3.01.030 XIII. OLD BUSINESS XIV. NEW BUSINESS A. Regular Board Meeting Scheduled for April 12, 2007 XV. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS XVI. ADJOURNMENT January 17, 2007 Page 5 RECOMMENDED ACTION Accept Report Accept Report Report on Matters Pertaining to CMSD Consider Date Change Protecting our community's health 6y providing sofid waste and sewer collection services. www.crosdcagov Great and powerful creator we thank you for bringing our humble District Board members, Staff and public together to address the issues before us. We ask for your help 1. to give of ourselves in ways that maintain and improve our community; 2. to maintain our focus with determination, and with an appropriate sense of humor; 3. and, to fuel our work with vigor, stamina, and a hearty spirit. We also pray for the souls of our recently departed. For all of this, and for a few doses of good luck and grace, we thank you for your strength. In your Name, Amen. From: Mark Cloney Sent: Tuesday, January 16, 2007 2:54 PM To: Dean Ruffridge Subject: FW: CMSD counts as of 01/16/2007 Dean - There are 7917 customers who have grandfathered barrels — each of these has two grandfathered barrels each, for a total of 15834 grandfathered barrels. (Out of these 7917 customers, 153 are grandfathered with the CMSD being WRad for the grandfathered amount, since they were grandfathered after 8/31/2006.) kept track of I- As of today, 01/16/2007, there are 2523 barrels being charged the Additional Barrel rate of $8.00 per month. The total number of customers being billed for these 2523 additional barrels is 2044. If you have any questions, please call to discuss. Mark 1/16/2007 • i� JAf COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING DECEMBER 14,_ 2006 The Board of Directors of the Costa Mesa CALL TO ORDER Sanitary District met in regular session on December 14, 2007, at 6:00 p.m. at 628. W. 19th Street, Costa Mesa. President Ferryman called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Director Perry led the Pledge of Allegiance. INVOCATION Former Director Greg Woodside gave the 0 invocation. ROLL CALL DIRECTORS PRESENT: James Ferryman, Arlene Schafer, Art Perry, Greg Monahan, Bob Ooten DIRECTORS ABSENT: None STAFF PRESENT: Robin B. Hamers, Manager /District Engineer; Alan Burns, Legal Counsel; Tom Fauth, Assistant Manager; Joan Revak, Board Secretary/Program Manager /Clerk of the District; Wendy Davis, Treasurer; Sherry Kallab, Accountant; Karl Dulake, Maintenance Supervisor; Debbie Bjornson, Permit Processing Specialist. OTHERS PRESENT: Mr. Greg Woodside, Costa Mesa Mr. Dan Worthington, Costa Mesa Mr. Marc Davis, CBIZ Ms. Gina Keuilian, 1079 Visalia Drive, Costa Mesa COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING DECEMBER 14, 2006 PAGE 2 • The Board presented former Director Dan Worthington with a service award plaque honoring him and acknowledging his many years of dedication to the Costa Mesa Sanitary District. Mr. Worthington thanked the Board for the award and the opportunity to serve and learn. Mr. Worthington stated he will be a regular member of the public attending the District's meetings. President Ferryman welcomed the newly elected members of the CMSD Board, Directors Monahan and Ooten. ELECTION OF OFFICERS ELECTION OF DISTRICT OFFICERS (PRESIDENT, VICE PRESIDENT, & SECRETARY) President Ferryman opened nominations for the office of President of the Costa Mesa Sanitary District. President Ferryman nominated Director Art Perry for President. Director Schafer seconded. President Ferryman motioned to close nominations. Director Schafer seconded. President Ferryman closed nominations. Motion to appoint Director Perry as President carried 5 -0. President Perry opened nominations for Vice President of the Costa Mesa Sanitary District. Director Ooten nominated Director Schafer. Director Ferryman seconded. President Perry closed nominations. Motion to appoint Director Schafer as Vice President carried 5 -0. President Perry opened nominations for Secretary of the Costa Mesa Sanitary District. Director Schafer nominated Director Bob Ooten. Director Monahan seconded. Director Schafer motioned to close nominations. Director Ferryman seconded. President Perry closed nominations. Motion to appoint Director Ooten as Secretary carried 5 -0. APPOINTMENT OF ORANGE COUNTY SANITATION DISTRICT REPRESENTATIVE (CURRENTLY DIRECTOR FERRYMAN) Director Ferryman is currently the Chairman of the OCSD Board. President Perry stated he felt Director Ferryman should continue as OCSD representative. Mr. Harriers related that OCSD has developed a policy that a representative should continue, if possible, to reduce the amount of training necessary. Board unanimously determined Director Ferryman as OCSD representative. COSTA MESA SANITARY DISTRICT ' <= MINUTES OF BOARD OF DIRECTORS REGULAR MEETING " DECEMBER 14, 2006 PAGE 3 • President Perry inquired if Director Ooten would be interested in serving as alternate for OCSD. Director Ferryman nominated Director Ooten as Orange County Sanitation District alternate representative. Director Monahan seconded. Motion carried 5 -0. Director Ooten will serve as representative in the event of Director Ferryman's absence. All Directors will continue to attend the OCSD meeting on a rotating basis. APPOINTMENT OF INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY REPRESENTATIVE (CURRENTLY DIRECTOR SCHAFER) Director Monahan motioned to appoint Vice President Schafer as CMSD representative on Independent Special Districts of Orange County. Director Ferryman seconded. Motion carried 5 -0. APPOINTMENT OF SANTA ANA RIVER FLOOD CONTROL AGENCY REPRESENTATIVE (CURRENTLY DIRECTOR PERRY) Director Ooten motioned to appoint President Perry as CMSD representative to the Santa Ana River Flood Control Agency. Director Monahan seconded. Motion carried 5 -0. APPOINTMENT OF CMSD RECYCLING COMMITTEE CHAIRMAN Vice President Schafer motioned to appoint Director Ooten as CMSD Recycling Committee Chairman. Director Ferryman seconded. Motion carried 5 -0. APPOINTMENT OF CSDA REPRESENTATIVE (CURRENTLY DIRECTOR SCHAFER Director Ferryman nominated Vice President Schafer .as CMSD representative to CSDA. Director Monahan seconded. Motion carried 5 -0. BOARD CONSIDERATION OF ATTENDANCE & REPORTING ON MEETINGS OF COSTA MESA CITY COUNCIL, OCCOG, WACO, AND COSTA MESA CHAMBER OF COMMERCE Vice President Schafer has been attending and providing reports for City Council, OCCOG, WACO, and Costa Mesa Chamber of Commerce and providing reports for the Board. • COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING DECEMBER 14, 2006 PAGE 4 Director Ooten reported he currently attends Integrated Waste Management Department Commission meetings and CWEA and inquired whether he could represent the District at those meetings. Mr. Hamers stated that any Director may represent the District at any meeting within Orange County without prior approval of the Board. A meeting report to the CMSD is required. Director Ferryman offered to attend the Chamber of Commerce meetings. Vice President Schafer stated she will be attending them for CSDA. Mr. Hamers reported Directors are compensated for a "day's service" by state law, not to exceed 6 meetings per month, and if two meetings are attended in the same day, it is still considered one day's service to the District. Meetings with Staff have not been previously considered for compensation. Mr. Burns stated anything in the public's best interest could be considered for compensation. Any meeting in question will be brought before the Board for a decision. Directors Monahan and Ooten will be provided with a copy of pertinent laws that Directors should know upon being elected to the CMSD. Director Monahan suggested developing a committee to disseminate information to the public regarding the trash containers. President Perry suggested discussing the development of a committee at the upcoming Strategic Planning meeting. APPOINT TWO DIRECTORS TO SEWER LATERAL SUBCOMMITTEE Vice President Schafer motioned to appoint Directors Monahan, Ooten, and Ferryman to the sewer lateral subcommittee. Director Ferryman seconded. Motion carried 5 -0. SCHEDULE DIRECTOR PHOTOGRAPHS Ms. Revak reported she made arrangements with Steve Giraud for Directors to schedule their photography session. Ms. Revak provided contact information for Mr. Giraud to Directors. . ............................... CONSENT CALENDAR . ............................... Director Ferryman motioned to approve the Consent Calendar as presented. Director Ooten seconded. Motion carried 5 -0. • REPORTS MINUTE APPROVAL Minutes of Recycling Committee Meeting — November 3, 2006 Minutes of Regular Meeting — November 8, 2006 MANAGER'S REPORTS COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING DECEMBER 14, 2006 PAGE 5 The Minutes of the Recycling Committee Meeting of November 3, 2006, were approved as distributed. The Minutes of the Regular Meeting of November 8, 2006, were approved as distributed. Occupancy Report and The Trash Occupancy Count documented an Payment of $195,138.19 increase of 2 units for the occupancy report for solid to Costa Mesa Disposal — waste collection as of December 1, 2006. Therefore, December 2006 the total for December is 21,314. Board directed Staff to prepare a warrant for $195,138.19 for December 2006 collection based on occupancy report. Said payment in the amount of $195,138.19 to Costa Mesa Disposal to be ratified on the January 2007 warrant resolution. Monthly Spill Report to The Monthly Spill Report to the Regional Water Regional Water Quality Quality Control Board (RWQCB) for November Control Board (RWQCB) 2006 was accepted as submitted. Additional Container The Additional Container Program Report showing Program Report 2,630 containers as of December 6, 2006 was accepted as submitted. ENGINEER'S REPORTS Project Status Report The Project Status Report dated December 2006 was accepted as submitted. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING DECEMBER 14, 2006 PAGE 6 TREASURER'S REPORTS Financial Report as of The Financial Report as of November 30, 2006 November 30, 2006 was accepted as submitted. Treasurer's Report as of The Treasurer's Report as of November 30, 2006 November 30, 2006 was accepted as submitted. Warrant 2007 -6 for Warrant Resolution #CMSD 2007 -6 was approved, September 2006 in the authorizing the President and Secretary to sign the amount of $622,410.09 warrant ratifying the payment of certain claims and demands, and specifying the funds out of which the same were paid in the amount of $622,410.09. Directors' Expenses for Director Compensation and Expense the Month of November Reimbursements for the Month of November 2006 2006 were approved and ratified as follows: Director Ferryman: $170.00 Director Perry: $680.00 Director Schafer: $1,020.00+ 185.70 Vice President Woodside: $340.00 Director Worthington: $850.00 .......................... END OF CONSENT CALENDAR ......................... WRITTEN COMMUNICATION Ms. Revak reported there were no written communications. PUBLIC COMMENTS Mr. Greg Woodside was in attendance to support Dan Worthington receiving the plaque from the Board and to personally express his appreciation to Mr. Worthington. Mr. Woodside stated Dan Worthington had been a model Board Member. Mr. Woodside left the meeting at 6:40 p.m. 0 • I-] MANAGER'S REPORTS SEWER SYSTEM PLANNING COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING DECEMBER 14, 2006 PAGE 7 LONG TERM SEWER REPLACEMENT FUND LIFE EXPECTANCY OF SEWER LINES REVIEW OF SEWER MASTER PLAN REVIEW OF ORANGE COUNTY SEWER RATES Mr. Hamers reported he is concerned with the current budgetary level as compared to expenditures out in the field. Mr. Hamers requested the Treasurer bring back a mid year budget review to the Board for discussion. DIRECTOR ORIENTATION FOLLOW UP Mr. Hamers inquired if any of the Board members had any follow up questions or comments from the Director Orientation. President Perry reported he found the orientation very informative and stated he learned new additional information about the District. CMSD STRATEGIC PLAN YEAR 2005/2006 STRATEGIC PLANNING ACTION ITEMS YEAR 2007/2008 STRATEGIC PLANNING WORKSHOP SCHEDULED FOR JANUARY 26 & 27, 2007 Mr. Hamers confirmed the dates of January 26 and 27, 2007 for the Strategic Planning Workshop. PRE - MEETING - JANUARY 22, 2007 AT 6:00 P.M. Mr. Hamers confirmed the dates of the pre- meeting of January 22, 2007. All Directors will attend the pre- meeting. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING r DECEMBER 14, 2006 PAGE 8 FLEXIBLE BENEFIT ACCOUNT INCREASE BUDGET ADJUSTMENT IN THE AMOUNT OF $2,000 Ms. Davis reported the District committed to match the benefits that the City employees received upon separation from the City of Costa Mesa. Ms. Davis reported the City has approved a $55 increase to the Flexible Benefit Account. Ms. Davis requested the same increase for District employees. The benefit bucket has not increased in the last five years, but employee premiums have increased over 29% in the past two and a half years. Ms. Davis requested a budget adjustment of $2,000 to cover the increase in cost. Director Monahan motioned to increase the Flexible Benefit Account by $55 per month per employee and to approve the budget adjustment of $2,000. Director Ooten seconded. Motion carried as follows: Ayes: Perry, Schafer, Monahan, Ferryman, Ooten Noes: None DISTRICT YARD UPDATE Mr. Fauth reported the District is continuing the agreement to utilize the Fair Grounds to park District vehicles. The agreement is slated to expire on May 31, 2007. Mr. Fauth met with Doug Loftstrum who committed to take the information to his staff and to the Fair Board to attempt to build the agreement into the long term plan for the Fair Grounds improvements. Mr. Fauth anticipates acceptance of the agreement. Mr. Fauth reported he is still actively looking for a suitable property for purchase to locate a District Yard. NEW DISTRICT HEADQUARTERS BUILDING AND GROUNDS AD HOC COMMITTEE Update on Column Improvements, Painting, and Landscaping Mr. Fauth reported the painting is underway and expected to be completed within the week. Mr. Fauth reported the landscaping will begin after the painting is completed. The landscape plan Includes the removal of the walkway and the installation of a perimeter fence. 0 RECYCLING REPORTS COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING DECEMBER 14, 2006 PAGE 9 WASTE DIVERSION REPORT - NOVEMBER 2006 Ms. Revak presented the Waste Diversion Reports for November 2006 showing a 50.44% diversion rate. Vice President Schafer motioned the Waste Diversion Report be received and filed. Director Monahan seconded. Motion carried 5 -0. CONTRACT PAYMENT TO CR TRANSFER FOR RECYCLING SERVICES AND DISPOSAL PAYMENT FOR NOVEMBER 2006 SERVICES Ms. Revak presented the Invoices for November 2006 recycling services and disposal. Director Ferryman motioned to ratify contract payment to CR Transfer for recycling services and disposal for the month of November 2006 in the amount of $176,156.34. Vice President Schafer seconded. Motion carried 5 -0. Director Perry motioned to ratify contract payment to CR Transfer for recycling services and disposal for Santa Ana Heights for the month of November 2006 in the amount of $11,759.43. Director Schafer seconded. Motion carried as follows: Ayes: Perry, Schafer, Monahan, Ferryman, Ooten Noes: None ORDINANCE ENFORCEMENT OFFICER'S REPORT Mr. Hamers reported Mr. Shef is recuperating from a recent surgery and will be returning to work soon. Vice President Schafer inquired as to what the procedure should be when residents place trash bags on top of the containers. Mr. Hamers reported residents are supposed to have enough containers to fully contain their trash within the trash container with the lid closed. Mr. Hamers reported he has talked with CR &R regarding picking up bagged trash and reported the District is attempting to balance between being user - friendly and being efficient. Allowances are made during Christmas when the volume of trash is increased. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING DECEMBER 14, 2006 PAGE 10 Mr. Burns read the District's ordinance and stated there is a provision for an occasional heavy duty trash bag to be used. Mr. Harriers reported Mr. Worthington had previously investigated the issue as to what is being done throughout California. Mr. Hamers suggested further discussion on the issue. Ms. Davis reported the District is in the third month of reduced tonnage since instituting the new container policy. Ms. Davis estimated an almost $200,000 savings per year. UPDATE ON MONITOR VIDEO Mr. Fauth met with representatives from Monitor Video on November 12, 2006 and reported discussing the content and time schedule for completion of the new video. He anticipated having the video presented in five separate modules for web viewing. The script will be submitted by January 22, 2007 with an anticipated March /April completion date. The modules include an overview of the District, and components to highlight sewer, trash, and recycling efforts. RECYCLING COMMITTEE — MONDAY, DECEMBER 11, 2006 -12:00 P.M., CMSD BOARDROOM, 628 W. 19TH STREET, COSTA MESA Ms. Revak advised Board members that the December Recycling Committee Meeting was adjourned to January 8, 2007 to allow the appointment of a new Committee Chairman. Director Ooten was appointed as Chairman and Ms. Revak will set up a rotating attendance schedule for the remaining Board Members. RECYCLING COMMITTEE GOALS FOR 2005/2006 TELEPHONE BOOK RECYCLING PROGRAM - NOVEMBER 13 THROUGH DECEMBER 22, 2006 Ms. Revak reported the telephone book recycling program is going well with Estancia High School, Tewinkle Middle School, and Pomona Elementary currently leading in collection numbers. E -WASTE EVENT - FEBRUARY 24, 2007 AT CITY CORPORATION YARD • is • • COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING DECEMBER 14, 2006 PAGE11 DISPOSAL OF ELECTRONIC AND UNIVERSAL WASTES THROUGH CR&R Mr. Hamers explained CR &R collects a -waste in other jurisdictions they serve, and the District could pay the hauler to provide the service to District residents. A proposal listing options was distributed to the Board for their review. Mr. Fauth reported he is investigating a grant program to provide the service to the District at no cost to residents. Additional information will be available at the January 8, 2007 meeting. SOURCE REDUCTION INTEGRATED WASTE MANAGEMENT DEPARTMENT MATCHING FUND OPPORTUNITY Director Ooten reported to the Board that the Integrated Waste Management Department has placed a surcharge on self - hauled waste in an effort to limit the amount of recyclables taken to the landfill. The monies garnered from that surcharge will be made available for a matching fund opportunity. Criteria for the program are currently being developed. ENGINEER'S REPORTS WASTE DISCHARGE REQUIREMENTS — (WDR) GENERAL UPDATE Mr. Hamers reported the District underwent a successful transition to the State. program. Director Ooten motioned to accept the report. Vice President Schafer seconded. Motion carried 5 -0. ANNIVERSARY LANE WATER LINE - IRWD Mr. Hamers presented the letter to Mr. Paul Jones, General Manager, IRWD, dated November 27, 2006. The letter requests the IRWD Board of Directors formalize the reimbursement of water line protection costs. Vice President Schafer motioned to accept the report. Director Ferryman seconded. Motion carried 5 -0. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING DECEMBER 14, 2006 PAGE 12 CMSD PROJECT #129 — BRISTOL STREET THREE -PARTY AGREEMENT RESOLUTION MAKING FINDINGS REGARDING BRISTOL STREET SEWER Mr. Burns presented the Resolution 729, A Resolution of the Board of Directors of the Costa Mesa Sanitary District Making Findings Regarding the use of Redevelopment Money for a Public Project. Director Monahan motioned to adopt Resolution 729. Director Ferryman seconded. Motion carried 5 -0. NEW THREE PARTY AGREEMENT FOR CONSTRUCTION OF BRISTOL STREET SEWER Director Monahan motioned to approve the Three Party Agreement for construction of Bristol Street Sewer. Director Ferryman seconded. Motion carried 5 -0. TREASURER'S REPORTS TRANSITION TO NEW TREASURER/DIRECTOR OF FINANCE Mr. Hamers presented a letter from Mr. Marc Davis, CBIZ, dated November 29, 2006. Mr. Hamers reported the Board has approved a transition plan with the condition of making sure the Board was comfortable with the new treasurer. Mr. Davis proposed a two - person team that includes himself and Ms. Alison Smidt. Mr. Hamers reported Director Monahan wanted to divulge that he employs Mr. Marc Davis and his CBIZ firm as his business accountant., Director Monahan requested Mr. Burns to advise him as to whether or not it would be a conflict of interest in voting with Mr. Davis as District Treasurer. Mr. Burns stated since Mr. Monahan employs CBIZ, they are not a source of income for Mr. Monahan, therefore, not a conflict of interest. Ms. Davis proposed the signature change be handled by resolution at the January 2007 meeting along with the bank forms. The bonding through SDRMA is by position and not by person, so no changes will need to be made with SDRMA. The Board expressed their confidence with CBIZ and had no additional questions for Mr. Davis. • COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING DECEMBER 14, 2006 PAGE 13 Mr. Davis will be formally appointed as District Treasurer in the proposed resolution to be presented in January. TRASH AND SEWER CHARGE CORRECTIONS Ms. Davis presented a list of trash and sewer charge corrections for the Board's review. Mr. Hamers reported these corrections are not normally brought to the Board, but handled as a correction of records rather than as a refund. AUDITED FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED JUNE 30, 2006 Ms. Davis reported the District received a clean opinion for their audited financial statement for the fiscal year ended June 30, 2006. Vice President Schafer motioned to accept the report. Director Ferryman seconded. Motion carried 5 -0. MANAGEMENT LETTER RESPONSE Ms. Davis presented the. management letter response from Diehl, Evans & Company, LLP. The comments were the same as the prior audit since they performed the two audits simultaneously. Recommendations were made regarding journal entries, purchasing, capital assets, billings, and related party transactions. Ms. Davis reported she expects everything except for the capital assets to be addressed by the next audit. Director Ferryman motioned to accept the report. Director Ooten seconded. Motion carried 5 -0. LIEBERT CASSIDY WHITMORE ORANGE COUNTY EMPLOYMENT RELATIONS CONSORTIUM MEMBERSHIP INVOICE FOR THE PERIOD 01/0112007 THROUGH 12/31/2007 IN THE AMOUNT OF $2,506.00 Ms. Davis .requested approval for membership invoice to Liebert Cassidy Whitmore in the amount of $2,506.00. Vice President Schafer motioned to approve the invoice for $2,506.00. Director Monahan seconded. Motion carried as follows: Ayes: Perry, Schafer, Monahan, Ferryman, Ooten Noes: None COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING a DECEMBER 14, 2006 PAGE 14 • INVESTMENT OVERSIGHT COMMITTEE MEETING - THURSDAY, DECEMBER 14, 2006 AT 5:00 P.M. (DIRECTORS MONAHAN AND OOTEN) Ms. Davis conducted an Investment Oversight Committee meeting where they discussed an overview of the budget, investment policy, treasurer's report, and the treasurer transition plan. Ms. Davis will provide a mid year review to the Board at the January regular meeting and the Board will determine whether to discuss it at the pre - meeting of the strategic plan or set a special meeting. President Perry motioned to accept the report. Vice President Schafer seconded. Motion carried 5 -0. ATTORNEY'S REPORT POLICY ON DIRECTOR FINDINGS FOR ABSENT DIRECTOR Mr. Burns reported the Board requested he investigate the law on absences. Mr. Burns reported there is a state law that says if you fail to perform for three • consecutive months, you automatically vacate the office. Mr. Burns suggested having the item as a standing item on the agenda so that if an absence occurs, the Board can determine whether or not it is an excused absence. Board approved the item as a standing addition to the agenda. CMSD ORDINANCE NO. 57 REGARDING TRASH CONTAINERS Mr. Burns provided a brief background report on the trash containers for the benefit of the new Board members. Mr. Burns presented Ordinance No. 57, AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT REGARDING TRASH CONTAINERS. Director Monahan inquired whether or not there were additional changes to the Ordinance other than ownership of the containers. Mr. Fauth stated there was a change to Section 3 regarding the limitation of the 125 gallon volume. Ms. Davis reported the baseline of service was set at two 60- gallon containers, or a total of 120 gallons. Since there were many residents in possession of two 90- gallon containers, they were grandfathered in so they would not have to pay the additional fee for the overage. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING k ' DECEMBER 14, 2006 PAGE 15 Director Monahan stated that since he is a new Board member, he would appreciate the opportunity to receive additional information on the Ordinance and its background before voting one way or the other. Mr. Burns reported there was no need to adopt the Ordinance immediately and suggested bringing a revised Ordinance to the Board in January to just transfer the ownership of the containers and then develop an additional Ordinance after a more detailed discussion was held. The Ordinance was continued to the January 2007 regular meeting. Director Ooten inquired if the containers would be altered to remove the District's logo. Mr. Harriers reported CR &R is free to alter the containers, but since the logo is molded in, the name change will probably occur as new containers are put into use. SELECTED LAWS ALL PUBLIC OFFICERS SHOULD KNOW Mr. Burns noted the memorandum did not appear in the Board packet that was distributed; therefore the item was continued to the January 2007 regular meeting. The memorandum will be sent to the new Board members immediately to allow time to review it before the January meeting. SB 1308 - VOTE TRADING/COERCION Mr. Burns presented information on SB 1308, a law that makes it a crime to use leverage or influence to obtain a vote in a government action. Mr. Burns expressed his concern over the law and stated its full impact is not yet appreciated. MANAGER'S ONE -ON -ONE MEETINGS WITH MEMBERS OF THE GOVERNING BODY (WOLFE V. CITY OF FREMONT) Mr. Burns presented information on a case decided by the California Court of Appeal providing guidance on the common situation of a manager briefing his governing body. The case describes when such interaction will be allowed, and when a violation of the Brown Act may occur. Director Monahan expressed his appreciation for the informative memos. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING DECEMBER 14, 2006 PAGE 16 U LOCAL MEETINGS (INCLUDES REPORTS BY ALL DIRECTORS REPRESENTATING CMSD) ORANGE COUNTY SANITATION DISTRICT (OCSD) — NOVEMBER 15, 2006 (PRESIDENT FERRYMAN) President Ferryman attended the Orange County Sanitation District meeting on November 15, 2006, and reported the following: ❑ Mr. James Ruth has agreed to remain as interim general manager for an additional year ❑ Union negotiations in process ❑ Year end legal fees estimate is approximately 1 million dollars ❑ Director Ferryman will be traveling to Singapore in February to view a groundwater replenishment project SANTA ANA RIVER FLOOD PROTECTION AGENCY (SARFPA) (DIRECTOR PERRY) 0 President Perry attended the November 9, 2006 SARFPA meeting and reported the following: ❑ History of floods in Orange County ❑ Status of State flood control subvention program ❑ Green River golf course acquired by Orange County President Perry distributed a handout showing planned information for area dams. INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY (ISDOC) (DIRECTOR SCHAFER QUARTERLY MEETING, ELECTION AND LUNCHEON - NOVEMBER 30,2006,11:30 A.M. AT OCSD BOARD ROOM Vice President Schafer attended the November 30, 2006 Quarterly ISDOC meeting and reported they discussed the following: ❑ Speaker - Brulte ❑ Update on CSDA ❑ Election of new officers -President, Peer Swan; Secretary, Bob Moore ❑ Quarterly lunch meeting schedule distributed • is r� U COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING DECEMBER 14, 2006 PAGE 17 Directors Worthington and Perry attended the Quarterly meeting and had no additional information to report. Vice President Schafer also attended the Executive Board Meeting on December 7, 2006, and reported they discussed the general meeting. LOCAL AGENCY FORMATION COMMISSION (LAFCO) (DIRECTOR SCHAFER) Vice President Schafer commended Mr. Hamers for the letter he wrote. Vice President Schafer attended the LAFCO meeting and reported the following: ❑ Municipal service reviews for Anaheim, Fountain Valley, Garden Grove, Santa Ana, Stanton, Westminster, Garden Grove Sanitary District and Midway City Sanitary District. - All adopted by resolution ❑ July meeting rescheduled to July 18, 2007 ❑ Election of new officers— Chair Commissioner, Bill Campbell; Vice Chair, John Withers ❑ Reception for Commissioners Bob Bauer and Tom Wilson CALIFORNIA SPECIAL DISTRICTS ASSOCIATION (CSDA) (DIRECTOR SCHAFER) Vice President Schafer attended the CSDA planning conference in Napa. Vice President Schafer is in charge of membership and recruitment of special districts for the State of California. Vice President Schafer is also on the legislation committee and Vice President of the Finance Corporation as well as Secretary on CSDA's Executive Board. 2007 MEMBERSHIP DUES IN THE AMOUNT OF $3,162.00 Vice President Schafer motioned to approve the dues in the amount of $3,162.00. Director Ooten seconded. Motion carried as follows: Ayes: Perry, Schafer, Monahan, Ferryman, Ooten Noes: None COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING DECEMBER 14, 2006 PAGE 18 • CALIFORNIA ASSOCIATION OF SANITATION AGENCIES (CASA) 2007 MEMBERSHIP DUES IN THE AMOUNT OF $4,811.98 Director Ferryman motioned to approve the dues in the amount of $4,811.98. Director Ooten seconded. Motion carried as follows: Ayes: Perry, Schafer, Monahan, Ferryman, Ooten Noes: None Ms. Davis reported the amount exceeds the budget allotment and reported she will be requesting a budget adjustment in January. OTHER MEETINGS QUALIFYING FOR REIMBURSEMENT UNDER CMSD ORDINANCE NO. 55, OPERATIONS CODE SECTION 3.01.030 WACO Vice President Schafer attended the November 3, 2006 WACO meeting and reported the following: ❑ Program on San Joaquin River Settlement: What it Means to Southern California; David Fullerton, Principle Resource Specialist, Metropolitan Water District of Southern California o History of the area - river hasn't been flowing for 20 years. o Timeline o Funding OLD BUSINESS There was no Old Business presented. NEW BUSINESS Vice President Schafer is requesting a meeting change date for January due to meetings in Sacramento. The January meeting was changed to January 17, 2007 at 6:00 p.m. Mr. Worthington commended Mr. Fauth for his assistance in providing trash bins for • a clean up project on a home in Costa Mesa that has been in extreme disrepair for over 20 years. An elderly woman has been living in the home and without resources COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING DECEMBER14,2006 PAGE 19 to maintain or clean it up. The home and yard is filled with many years of trash. Numerous volunteers, including Mr. Worthington, the Lions Club and the Scouts, have been donating their time and effort to assist the resident in returning the home to a livable state. Mr. Fauth requested CR &R take the project on as a humanitarian effort at no cost. President Perry requested someone check to see whether the resident has been assessed for trash fees. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS Director Monahan thanked the Board and Mr. Hamers for the assistance in helping him as a new Board member. Director Monahan complimented the District for the website and the new receptionist. Mr. Fauth reported the receptionist will be on duty from 7:30 a.m. to 4:00 p.m. Director Ooten thanked Staff for taking the time to answer his questions as he was running for election. Director Ooten stated he was excited about the opportunity to serve on the Board and expressed regret at losing the energy Dan Worthington has put into the District. Director Ooten commended Mr. Hamers for the work he has done as General Manager. Mr. Hamers suggested the information learned by both Director Monahan and Director Ooten during their campaign will be very valuable to the District as they strive to improve the services the District provides. ADJOURNMENT At 8:15 p.m., President Ferryman adjourned the meeting. SECRETARY 0 PRESIDENT A • • • I Av COSTA MESA SANITARY DISTRICT MINUTES OF SPECIAL MEETING DECEMBER 6, 2006 The Costa Mesa Sanitary District held a Special Meeting at 11:30 a. m. on Wednesday, December 6, 2006 at 628 W. 19th Street, Costa Mesa. Directors Present: Art Perry, Arlene Schafer, Gary Monahan, Bob Ooten Directors Absent: Jim Ferryman Staff Present: Robin B. Harriers, Manager /District Engineer; Tom Fauth, Assistant Manager; Joan Revak, Board Secretary/Program Manager /Clerk of the District; Sherry Kallab, Accountant; Marc Davis, Treasurer /Director of Finance /CBIZ; Alison Smidt, Senior Associate CBIZ; Karl Dulake, Maintenance Supervisor; Desiree Reyes, Office Specialist; Paul Guzman, Inspector; Joe Limon, Inspector; Joe Sinacori, Engineer; John Gottron, Engineer Secretary Art Perry called the meeting to order at 11:30 a.m. Director Perry led the Pledge of Allegiance. DIRECTOR ORIENTATION GENERAL Mr. Harriers presented a general overview of the Costa Mesa Sanitary District (CMSD) functioning under the Sanitary District Act of 1923. The CMSD was formed in 1944 with the responsibilities of trash and sewer for a service area including the City of Costa Mesa, portions of Newport Beach and Unincorporated Orange County. Mr. Hamers explained the differences between an Independent Special District (CMSD) and a Dependent Special District as well as the differences between a Sanitation District and Sanitary District. Directors of the District must live within the CMSD boundaries. Minutes of Special Meeting Page 2 December 6, 2006 • ORGANIZATION Mr. Hamers presented the CMSD Organization Chart and elaborated on Staff members holding more than one title in the organization. The Staff includes both public and private employees and Mr. Hamers explained Director and Staff interaction as well as Staff succession plans. BOARD OF DIRECTORS Mr. Hamers advised that CMSD Board of Directors' meetings are held the second Thursday of each month at 6:00 p.m. in the CMSD Board conference room. Directors are paid $170 per day's service at a meeting, not to exceed six meetings per month. Directors must receive pre - approval for attending conferences outside Orange County. Conferences and training are available through the California Association of Sanitation Agencies (CASA) and California Special District Association (CSDA). The new Directors are required to attend an Ethics Training class. The District offers the opportunity for representation at agency meetings such as the Orange County Sanitation District (OCSD), Local Agency Formation Commission (LAFCO), Independent Special Districts of Orange County (ISDOC) • as well as the Costa Mesa Chamber of Commerce. Directors must present a written or oral report on meetings attended when those meetings are submitted for receipt of the meeting fee. Directors may request to have an item placed on the Agenda. Staff reports are included in the monthly Board packet. TRASH COLLECTION PROGRAM Mr. Hamers presented information on the trash collection program, noting that Costa Mesa Disposal has provided trash collection since 1955 and CR Transfer has provided recycling services since 1989. Costa Mesa Disposal and CR Transfer are a part of CR &R Incorporated. The District recently entered into a new 10 -year agreement with CR &R with a 6 -year rollover provision. The new agreement includes a variable rate structure with an additional $8.00 /month charge for a third or more container. The District serves 21,300 residences including single - family residences and small multi - family developments. The District recycles 50% of its trash as required by AB 939 and provides education via newsletters and ads in publications such as the City of Costa Mesa Recreation Review. The District also offers a multitude of special programs. Mr. Hamers provided a rate sheet showing trash rates from 1976 to the present. • i i Minutes of Special Meeting Page 3 December 6, 2006 • SPECIAL PROGRAMS AND PROJECTS Staff provided for perusal CMSD newsletters (published twice per year: one covering trash and the other sewer), 'Working for You" video, flyers and posters. Mr. Hamers elaborated on the school telephone book recycling program and the $10,000 per year contribution to participating schools; classroom presentations on vermicomposting; used tire roundup; sharps collection program; HHW collection (free collection at a residence); adult and student tours of the Materials Recovery Facility (MRF) in Stanton, the Frank M. Bowerman landfill and the Orange County Sanitation District (OCSD); the non - profit group recycling projects that provide education and a $100 reward; the large item collection program held in the summer plus the free one -time call -in per year; a -waste collection events; fats, oils and grease (FOG) control program; ads and a CMSD booth used at special events. Director Perry left the meeting at 12:45 p.m. SEWER COLLECTION SYSTEM Mr. Hamers enlightened meeting participants on the District's sewer collection system; construction began in 1949 with the majority of the system constructed from 1953 -1963. The system consists of 326 miles of sewer and 20 sewer pumping stations and the CMSD is proud of its fine reputation in the sewer industry. Mr. Hamers explained the District's relationship with OCSD and the past JPA with the City of Costa Mesa including ownership of the hydro trucks. The Agreement with the City of Costa Mesa terminated on December 15, 2005. Mr. Hamers presented a Condition Assessment Report on the pumping stations and heavy debris found in gravity lines when the District took over maintenance of the system from the City. The District's sewer master plan and sewer atlas were presented and Mr. Hamers informed the participants of the Waste Discharge Requirements (WDR) to prevent sanitary sewer overflows (SSOs). Mr. Hamers, as Manager /District Engineer represents the District on the WDR Steering Committee. Mr. Hamers explained the District's need for a Yard to house its trucks and equipment. He also provided information on the Capital Improvement Projects; operations and maintenance; sewer rates history and Proposition 218; and reported on the CoastKeeper v. Garden Grove Sanitary District. 0 Minutes of Special Meeting December 6, 2006 PUBLIC COMMENTS No public was in attendance. ADJOURNMENT Director Schafer adjourned the meeting at 1:14 p.m. Secretary President Page 4 • • 0 �� 1r COSTA MESA SANITARY DISTRICT MINUTES OF INVESTMENT OVERSIGHT COMMITTEE MEETING December 14, 2006 CALL TO ORDER The meeting was called to order at 5:00 p.m. by the District Manager, Mr. Rob Harriers. ROLL CALL Committee Members Present: Director Gary Monahan (rotating committee member) Director Bob Ooten (rotating committee member) Mr. Rob Hamers, Manager/ District Engineer Committee Members Absent: None Staff Members Present: Ms. Wendy Davis, Treasurer Mr. Marc Davis, Deputy Treasurer Ms. Joan Revak, Board Secretary/Clerk of the District Mr. Tom Fauth, Assistant District Manager Ms. Sherry Kallab, Accountant NEW BUSINESS Overview of District's Budget, Investment Policy, Treasurer's Report and Treasurer Transitions Plan Ms. Davis discussed the structure of the District' budget for the 2006 -07 fiscal year including how the administrative expenses are split between the funds and the reasons the adopted budget was amended. Staff was requested to prepare a mid -year budget review for the January regular Board meeting. Next Ms. Davis gave an overview of the District's current investment policy and the November Treasurer's report. Also discussed was investment strategy used by the City and how it relates to the District's current financial situation. Mr. Marc Davis discussed the plan to replace the current Treasurer, Wendy Davis with himself and a Senior Associate from the CBIZ firm. • Page 2 PUBLIC COMMENTS There were no items discussed under public comments. ADJOURNMENT The meeting adjourned at 6:00 p.m. Secretary, Costa Mesa Sanitary District President, Costa Mesa Sanitary District Board of Directors Board of Directors • • 4 �F u Costa Mesa Sanitary District Minutes of Safety /Loss Control Committee Meeting December 19, 2006 Present Rob Hamers Tom Fauth Joan Revak Debbie Bjornson Karl Dulake Paul Guzman Absent Joe Limon Discussion: • I. Sewer Spills • Manager /District Engineer Assistant Manager Board Secretary/Program Manager /Clerk of the District Permit Processing Specialist Maintenance Supervisor CMSD Inspector CMSD Inspector Although the number of sewer spills in the District for the year 2006 appears high as shown on the recap sheet prepared by Tom, the majority are private property spills, power outages, or other spills outside the control of the Sanitary District. As of December 19, 2006, less than 800 gallons were lost into the environment for the year as a result of the performance of the Sanitary District's sewer system. The results show the District has been responding quickly and effectively in minimizing the spills. II. South Coast Plaza Pumping Station As an alternative to utilizing hydrogen peroxide as a chemical neutralization agent to the hydrogen sulfide in the effluent, the District is testing Golden Bio manufactured by Golden Bell Products. Hydrogen peroxide is a hazardous material that requires statutory handling and storage requirements whereas Golden Bio is one of the new environmentally safe compounds being produced for hydrogen sulfide abatement. Golden Bell will monitor the hydrogen sulfide level as part of utilizing their compound. III. CWEA Certification Tom and Karl will be testing for the CWEA Level 2 certification in January 2007. Safety /Loss Control Committee Minutes December 19, 2006 Page 2 1�1 IV. Floor Levels Below the Sewer Rim Elevation Rob explained the historical Uniform Plumbing Code section that requires a "backwater valve" for plumbing fixtures located below the sewer manhole rim elevation of the public sewer main. Without the backwater valve, private properties with basements or other low areas will experience sewer backups with the normal fluctuation of flows in the sewer system. Recently, the loading dock area of Office Depot, 2200 Harbor Blvd., Costa Mesa, experienced a spill due to not having a backwater valve. The Committee recommended an inquiry be sent to the City of Costa Mesa as to whether this provision is being enforced since the Office Depot is part of the Kmart Plaza expansion that is relatively new. V. 191h Street Pumping Station Karl described his efforts of de- ragging one pump and changing the oil in the other pump to keep the station operating properly. Karl is arranging for the installation of replacement check valves. Karl stated the seal between one of the pumps and the discharge base is not true, causing water to exit in this space rather than travel through the line. Rob requested Karl prepare the necessary paperwork to acquire replacement station components in order to perform emergency work on the pumping station. • VI. Project #175, Televising the CMSD Sewer System Karl explained that National Plant Services is currently working night shits to avoid traffic on the arterial streets during the cleaning and televising project. VII. Project #181, Newport Blvd. Sewer Relocation at 19th Street Rob explained the plans are complete and when the specifications are complete, the project will be put out to bid. VIII. Sewer Lateral Subcommittee Rob reviewed the Sewer Lateral Subcommittee as established by the Board of Directors at the December 2006 regular meeting. One of the goals of the subcommittee will be to educate property owners on the necessity of regular sewer lateral maintenance in order to avoid very costly repairs at a later date. Rob requested all Safety Committee members be part of the Sewer Lateral Subcommittee. • 2 ,t Safety /Loss Control Committee Minutes December 19, 2006 Page 3 9 IX. Hot spot at Fair Drive and Harbor Blvd. The committee discussed the extreme corrosion levels in a 60 -foot section of cast iron pipe in Fair Drive. The corrosion has substantially reduced the inside diameter of the pipe resulting in the section having to be cleaned every six weeks. Rob will contact Sancon or ProPipe to obtain costs for removing the corrosion and the subsequent installation of a liner pipe. X. Sewer Lateral Work and Permits Debbie discussed licensing requirements for contractors performing sewer work on private property (C36) versus work in the public right -of -way (C42 or A.) Debbie also discussed the definitions of single family residences and multifamily residences. XI. Next Meeting The Safety Committee will meet again in the 1 st quarter of 2007. • Distribution: CMSD Safety Committee Members CMSD Board of Directors at January 2007 regular meeting • 3 COSTA MESA SANITARY DISTRICT MINUTES OF STAFF MEETING DECEMBER 11, 2006 The Costa Mesa Sanitary District Staff met at 10:30 A.M. at 628 W. 19th Street, Costa Mesa. Staff Present: Rob Hamers, Tom Fauth, Joan Revak, Sherry Kallab, Denise Gilbert, Karl Dulake CMSD Staff met to discuss personnel issues. I. MANAGEMENT ANALYST POSITION Discussion was held on a potential Management Analyst position for the District and how this position could help to reduce the heavy workload of current Staff. The District is currently engaged in filling the Office Specialist I position as well • as an Accounting Assistant position. II. PREVENTING WORKPLACE HARASSMENT Ms. Revak attended the Liebert Cassidy Whitmore Workshop on Preventing Workplace Harassment, Discrimination and Retaliation on November 30, 2006 and provided a summary of the Workshop. Mr. Fauth attended a previous workshop on this subject. Ms. Revak will provide copies of portions of the brochure provided at the workshop to other Staff members. III. INCREASE IN EMPLOYEE FLEXIBLE BENEFIT ACCOUNT Discussion was held on the employee Flexible Benefit Account which is currently $619 per month. The benefit "bucket" is provided to CMSD employees to purchase healthcare coverage, dental coverage, long term disability, life insurance and other optional benefits. The benefit has not increased in over five years while employee's premiums have increased over 29% in the past two and a half years. It was noted that the City of Costa Mesa approved an adjustment in the amount of $55.00 per month effective January 1, 2007. The subject is on the Agenda for the regular Board of Directors meeting on • December 14, 2006. Costa Mesa Sanitary District Minutes of Staff Meeting December 11, 2006 Page 2 The next meeting on Personnel Issues is scheduled for Wednesday, February 21, 2006 at 10:30 a.m. The meeting was adjourned at 12:00 p.m. Protecting our community's Health by providing solid waste and sewer collection services. crosdcaAov 0 U • h COSTA MESA A , DISqRICS ' s AYE PROJECT STATUS REPORT January 2007 Project 1 1 1 21 00 -1 01 West Side Pumping Station Abandonment Study_ The Manager /District Engineer and engineering staff met with an environmental consultant to determine whether the project will be categorically exempt, require a Negative Declaration, or whether an Environmental Impact Report (EIR) will be . required under the CEQA requirements. The consultant will prepare a proposal for an environmental constraint study after the District prepares a new map of the overall project. Project 1112100-129 Bristol Street Pumping Station The County of Orange plans on widening Irvine Avenue from Bristol Street to University Drive, which will cause relocation of the CMSD Tustin Pumping Station. The District can upgrade the station to a level able to serve the redevelopment of the area. The upgrade alleviates the need for the Bristol Street Pump Station and • the project . can be reduced to construction of a new gravity sewer only. These findings were submitted to the Orange County Development Agency and as requested the Sanitary District prepared a new three party agreement reflecting these findings. The agreement is being reviewed by the three agencies. Proiect 1112100-135 Reconstructing Force Main for Elden Pumping Station (Phase II) Construction is complete. The District and City of Costa Mesa are awaiting comments from the State on the easement and rights -of -way documents submitted. A reminder letter was sent to the O.C. Fairgrounds to continue consideration of the easements. Project 1112100 -159 Televising Sewer Lines Program Years 98 -99 99 -2000 Areas are televised as needed. Project 1112100-168 Tustin Pumping Station Remodel or Relocation The construction of the Phase I gravity sewers is complete and the District Engineering Staff is designing the new pumping station. Project 1112100 -171 Tustin Pump Station Force Main Rehabilitation -Phase I • The design phase is continuing. Project 1112100 -173 South Coast Plaza Pump Station Force Main Replacement • The design phase is continuing. Project 1112100 -174 FOG Program Development and Implementation The project report was prepared by EEC and approved by the Board of Directors at the January 2006 regular meeting. P_roiect 1112100 -175 OCSD Cooperative Project Grant - Televising CMSD Sewer Lines The televising is continuing. Project 1112100 -176 WDR Grease Control Program Phase III The project was awarded to EEC at the January 2006 regular meeting. n U C] Protecting our community's hwith by prodding sold waste and sewer collection sen*xs. crosdcagov COSTA 9WESA S.A90rUART(DISTRICT Memorandum To: Board of Directors ... an Independent Specia[ District From: Marc Davis, District Treasure Date: January 9, 2007 Subject: Treasurer's Report for the Month of December 2006 Attached is the Treasurer's Report for the month of December 2006. As required by the District's Statement of Investment Policy, the Treasurer's report delineates all investment activity during the month. This report lists the types of securities held in the District's portfolio, the institutions from which the securities were purchased, maturity dates and interest rates as of December 31, 2006. The District's investments are in compliance with the Statement of Investment Policy adopted by the Board at the July 13, 2006 regular meeting, as well as the California Government Code. The market values in this report were provided by our third party custodian; Bank of New York, except for the Local Agency Investment Fund (LAIF). The market value of LAW was provided by the State Treasurer's Office. It does not represent the value of the underlying securities within the, pool, but rather the par or cost amount, which is the amount the District is entitled to withdraw. This reporting practice is consistent with industry standard practices for similar funds. The weighted average stated rate of return (current yield) for the Sanitary District's investment portfolio as of December 31, 2006, was 4.066 %. The yield to maturity of the portfolio was 4.072 %. The District's weighted average interest rate was 106 basis points (1.063 %) below the monthly effective yield of LAIF, which was 5.129% as of December 31, 2006. The weighted average number of days to maturity for the District's total portfolio was 309 days (.85 years). The average duration of the underlying securities in LAIF as of December 31, 2006 was 183 days. ftotecti our community's health providing solid waste and sewer collection services. ng ty 6y p ng � crosdca.gov Compliance Reporting The District's investment portfolio is in compliance with its liquidity limitations, 16 which requires that a minimum of 20% of the portfolio must mature within one year. The percentage of the portfolio maturing in less than one year as of December 31, 2006 was 52.75 %. As of December 31, 2006, the District has adequate operating reserves necessary to meet its obligations for the next six months. • • COSTA MESA SANITARY DISTRICT Treasurer's Report of Pooled Cash and Investments as of December 31, 2006 • Active Accounts Bank of America Reconciling Items Total Active Accounts Investments Local Agency Investment Fund Money Market/Sweep Account Medium Term Corporate Notes Federal Agency Securities Total Investments Total Pooled Cash & Investments CMSD Solid Waste Activities CMSD Liquid Waste Activities Total Pooled Cash & Investments Deposits Outstanding Bank Balance In Transits Checks $ 129,871.66 230,878.68 129,871.66 - 230,878.68 Market Adiustment Book Balance $ (101,007.02) (101,007.02) Market Value Increase Decrease Cost $ 4,300,000.00 - - $ 4,300,000.00 44,836.00 - - $ 44,836.00 6,705,078.13 144,453.12 $ 6,849,531.25 11,049,914.13 - 144,453.12 11,194,367.25 $ 11,179,785.79 - 375,331.80 $ 11,093,360.23 Costa Mesa Sanitary District Pooled Cash and Investments by Fund as of December 31, 2006 Marcus D. Davis Date District Treasurer • $ 2,562,062.62 8,531,297.61 $ 11,093,360.23 COSTA MESA SANITARY DISTRICT Investment Activity Summary as of December 31, 2006 Total investments outstanding as of November 30, 2006 $ 9,309,531.25 Additions: Gain on Sale of Investment: - Investment Purchases: none Deductions: Investment Maturity /Sale Proceeds: - Loss on Sale of Investment: - Investments Called: none Net increase (decrease) in Sweep Account 9,836.00 ® Net increase (decrease) in LAIF 1,875,000.00 Total investments outstanding as of December 31, 2006 $ 11,194,367.25 C, CUSIP Number Investment n/a Local Agency Investment Fund n/a Bank of New York -Sweep Acct 3128X1AT4 Federal Home Loan Mortgage Corp. 31331 QV61 Federal Farm Credit Bank 3128X1AW7 Federal Home Loan Mortgage Corp. 31331 QS32 Federal Farm Credit Bank 31339YDRO Federal Home Loan Bank 31339YPE6 Federal Home Loan Bank 3136F34U7 Federal National Mortgage Assoc. 3133X5ZK7 Federal Home Loan Bank 3133X63Y0 Federal Home Loan Bank *"Represents the LAIF monthly rate at 12/31/06 COSTA MESA 691TARY DISTRICT Investment and Investment Earnings as of December 31, 2006 $ 11,194,367.25 60,465.32 • Comments Interest Purchase Maturity Coupon Investment Earned at Date Date Rate Cost 12/31/06 n/a n/a 5.129% $ 4,300,000.00 n/a ** n/a n/a 4.800% 44,836.00 n/a 05/04/03 05/14/07 3.250% 1,000,000.00 4,243.05 06/24/03 09/24/07 2.625% 500,000.00 3,536.46 05/14/03 05/14/08 3.750% 1,000,000.00 4,895.83 06/18/03 06/18/08 3.240% 600,000.00 702.00 07/22/03 07/22/08 3.050% 1,499,531.25 20,206.25 07/30/03 07/30/08 3.400% 1,000,000.00 14,261.11 08/14/03 08/14/08 3.910% 500,000.00 7,439.86 04/30/04 04/30/09 4.050% 500,000.00 3,431.25 04/30/04 04/30/09 4.130% 250,000.00 1,749.51 $ 11,194,367.25 60,465.32 • Comments COSTA MESA SANITARY DISTRICT Summary of Policy Limitations as of December 31, 2006 CJ Description U.S. Treasury Bills U.S. Treasury Notes Federal Agency Issues: FICB FFCB FLB FHLB FNMA FHLMC Other * Banker's Acceptances Certificates of Deposit Negotiable Certificates of Deposits Commercial Paper 4edium Term Corporate Notes Repurchase Agreements Reverse Repurchase Agreements LAIF (Local Agency Investment Fund) Orange County Treasurer's Pool Money Market/Mutual Funds (Sweep Acct) Asset- Backed/Mortgage- Backed Securities Total % of portfolio maturing under one year % of portfolio maturing over one year Current % of Market Value as of 12/31/06 Maximum % 0.00% UNLIMITED 0.00% UNLIMITED 0.00% 40% 9.73% 40% 0.00% 40% 28.63% 40% 4.44% 40% 17.88% 40% 0.00% 40% 0.00% 40% 0.00% UNLIMITED 0.00% 30% 0.00% 15% or 30% (1) 0.00% 30% 0.00% UNLIMITED 0.00% 10% of base 38.91% 40,000,000.00 0.00% 35% 0.41% 10% per fund (2) 0.00% 20% 100.00% 52.75% no less than 20% 47.25% 100.00% (1) Current dollar weighted average maturity as of 12/31/06 is 0 days. 0,) Also limited to 20% in total. These securities are not considered for purchases: SBA, GNMA, TVA and SALLIEMAE COSTA MESAOTARY DISTRICT Schedule of Investments by Instrument Type as of December 31, 2006 — Represents the LAIF monthly rate at 12/31/06 • Comments POOL SWEEP FHLMC FHLMC FHLB FHLB FHLB FHLB FNMA FFCB FFCB Purchase Maturity Coupon Investment %of Market %of Description Broker /Dealer Date Date Rate Cost Portfolio Value Portfolio State Treasurer's Pool LAIF n/a Continuous 5.129% $ 4,300,000.00 $ 4,300,000.00 4,300,000.00 38.41% 4,300,000.00 38.91% Money Market Mutual Fund Bank of New York n/a Continuous 4.800% 44,836.00 44,836.00 44,836.00 0.40% 44,836.00 0,41% Federal Home Loan Mortgage Corp. Morgan Stanley 05/14/03 05/14/07 3.250% 1,000,000.00 993,190.00 Federal Home Loan Mortgage Corp. Banc of America 05/14/03 05/14/08 3.750% 1,000,000.00 982,060.00 2,000,000.00 17.87% 1,975,250.00 17.88% Federal Home Loan Notes & Bonds Morgan Keegan 07/22/03 07/22/08 3.050% 1,499,531.25 1,455,000.00 Federal Home Loan Notes & Bonds Morgan Keegan 07/30/03 07/30/08 3.400% 1,000,000.00 974,687.50 Federal Home Loan Notes & Bonds Morgan Keegan 04/30/04 04/30/09 4.050% 500,000.00 489,062.50 Federal Home Loan Notes & Bonds Morgan Stanley 04/30/04 04/30/09 4.130% 250,000.00 244,921.88 3,249,531.25 29.03% 3,163,671.88 28.63% Federal National Mortgage Assoc. Morgan Keegan 08/14/03 08/14/08 3.910% 500,000.00 490,937.50 500,000.00 4.47% 490,937.50 4.44% Federal Farm Credit Bank Citigroup Global 06/24/03 09/24/07 2.625% 500,000.00 490,781.25 Federal Farm Credit Bank Morgan Stanley 06/18/03 06/18/08 3.240% 600,000.00 584,437.50 1,100,000.00 9.83% 1,075,218.75 9.73% Total Investments $ 11,194,367.25 100.00% $ 11,049,914.13 100.00% — Represents the LAIF monthly rate at 12/31/06 • Comments POOL SWEEP FHLMC FHLMC FHLB FHLB FHLB FHLB FNMA FFCB FFCB COSTA MESA SOITARY DISTRICT Investment Portfolio as of December 31, 2006 Total Investment Portfolio $ 11,194,367.25 Total Portfolio Weighted Avg Interest Rate 4.066% Weighted Avg Yield to Maturity 4.072% Weighted Avg Days to Maturity 309 Days 0.85 Years "Represents the LAIF monthly rate at 12/31/06 Investment Purchase Maturity Days to Coupon Yield to Investment Broker /Dealer Type Date Date Maturity Rate Maturity Cost Local Agency Investment Fund Pool 1 5.129% ** 5.129% $ 4,300,000.00 Bank of New York Sweep 1 4.800% 4.800% 44,836.00 Morgan Stanley FHLMC 05/14/03 05/14/07 134 3.250% 3.240% 1,000,000.00 Citigroup Global Markets Inc. FFCB 06/24/03 09/24/07 267 2.625% 2.670% 500,000.00 Banc of America FHLMC 05/14/03 05/14/08 500 3.750% 3.740% 1,000,000.00 Morgan Stanley FFCB 06/18/03 06/18/08 535 3.240% 3.260% 600,000.00 Morgan Keegan FHLB 07/22/03 07/22/08 569 3.050% 3.090% 1,499,531.25 Morgan Keegan FHLB 07/30/03 07/30/08 577 3.400% 3.410% 1,000,000.00 Morgan Keegan FNMA 08/14/03 08/14/08 592 3.910% 3.900% 500,000.00 Morgan Keegan FHLB 04/30/04 04/30/09 851 4.050% 4.040% 500,000.00 Morgan Stanley FHLB 04/30/04 04/30/09 851 4.130% 4.120% 250,000.00 Total Investment Portfolio $ 11,194,367.25 Total Portfolio Weighted Avg Interest Rate 4.066% Weighted Avg Yield to Maturity 4.072% Weighted Avg Days to Maturity 309 Days 0.85 Years "Represents the LAIF monthly rate at 12/31/06 COSTA MESA S.0TARY DISTRICT for all Maturities with Market Values as of December 31, 2006 Purchase Maturity Intuition Investment Coupon Investment Market Accrued Date Date Broker /Dealer Tvue Par Rate Cost Value Interest n/a Continuous LAW POOL $ 4,300,000.00 5.129% "` 4,300,000.00 4,300,000.00 - n/a Continuous Bank of New York SWEEP 44,836.00 4.800% 44,836.00 44,836.00 - 05/14/03 05/14/07 Morgan Stanley FHLMC 1,000,000.00 3.250% 1,000,000.00 993,190.00 4,243.05 06/24/03 09/24/07 Morgan Keegan FFCB 500,000.00 2.625% 500,000.00 490,781.25 3,536.46 05/14/03 05/14/08 Banc of America FHLMC 1,000,000.00 3.750% 1,000,000.00 982,060.00 4,895.83 06/18/03 06/18/08 Morgan Stanley FFCB 600,000.00 3.240% 600,000.00 584,437.50 702.00 07/22/03 07/22/08 Morgan Keegan FHLB 1,500,000.00 3.050% 1,499,531.25 1,455,000.00 20,206.25 07/30/03 07/30/08 Morgan Keegan FHLB 1,000,000.00 3.400% 1,000,000.00 974,687.50 14,261.11 08/14/03 08/14/08 Morgan Keegan FNMA 500,000.00 3.910% 500,000.00 490,937.50 7,439.86 04/30/04 04/30/09 Morgan Keegan FHLB 500,000.00 4.050% 500,000.00 489,062.50 3,431.25 04/30/04 04/30/09 Morgan Stanley FHLB 250,000.00 4.130% 250,000.00 244,921.88 1,749.51 Total Investments $ 11,194,836.00 "Represents the LAIF monthly rate at 12/31/06 Net Gaint(Loss) If Sold (6,810.00) (9,218.75) (17,940.00) (15,562.50) (44,531.25) (25,312.50) (9,062.50) (10,937.50) (5,078.12) 11,194,367.25 11,049,914.13 60,465.32 (144,453.12) • s COSTA MESA SANITARY DISTRICT Call Schedule as of December 31, 2006 Type of Purchase Maturity Coupon Investment Investment Date Date Rate Par Value Cost Call Features FFCB 06/18/03 06/18/08 3.240% $ 600,000.00 600,000.00 Continuous Call w/ 7 days notice. FFCB 06/24/03 09/24/07 2.625% 500,000.00 500,000.00 Continuous Call w/ 7 days notice. FHLB 07/22/03 07/22/08 3.050% 1,500,000.00 1,499,531.25 Callable 1/22/07 w/ 5 days notice. FHLB 04/30/04 04/30/09 4.050% 500,000.00 500,000.00 Callable 1/30/07 w/ 5 days notice. FHLB 04/30/04 02/19/66 4.130% 250,000.00 250,000.00 Callable 1/30/07 w/ 5 days notice. FHLB 07/30/03 07/30/08 3.400% 1,000,000.00 1,000,000.00 Callable 1/30/07 w/ 5 days notice. FNMA 08/14/03 08/14/08 3.910% 500,000.00 500,000.00 Callable 2/14/07 w/ 10 days notice. FHLMC 05/14/03 05/14/07 3.250% 1,000,000.00 1,000,000.00 Callable 2/14/07 w/ 5 days notice. FHLMC 05/14/03 05/14/08 3.750% 1,000,000.00 1,000,000.00 Callable 2/14/07 w/ 5 days notice. $ 6,850,000.00 6,849,531.25 • COSTA MESA SANITARY DISTRICT - MATURITIES DISTRIBUTION as of December 31, 2006 70 %�' 60°x0 47.75% - -- ----------------------------------- 50% 41.09% 1m----------- 1MM----------------------- __ imr---------- lmr---------------- - - - - -- 10 %J'__ III ____4.47%_ -111 -- 6� --------------- 01 % Rounded 5/4 Cost 1 I 1 -180 181 -365 1 -2 2 -3 3 -4 4 -5 Days Days Years Years Years Years % Rounded 5/4 Cost In Thousands 1 - 180 Days $ 5,344 181 - 365 Days 500 1 - 2 Years 4,600 2 - 3 Years 750 3- 4Years - 4 - 5 Years - TOTAL $ 11,194 I 6.00% 5.00% 4.00% 3.00% 2.00% 1.00% Costa Mesa Sanitary District Yield Curve Data as of December 31, 2006 Imp— 2 0.00 °i° I F DTI I a I I I OHO OHO OHO OHO OHO OHO OrO OHO OrO OrO OHO OrO OHO o 0 0 0 0 0 0 0 0 0 0 0 .� \ 16` ti�O \2 g \` g \2 p \`Lg \2 y \2�\2 0 \p\2 41p N\ 1 o\ �o o 'p\0 o � o ;\p 0 �� \ �o0 0 0 \ 20 0 � o �� o\ 0 \ �0 00 1 '� 4 O O 41 '� ,�'.\ Net' • 5 year T -Note —3 year T -Note 2 year T -Note 6 month T -Bill 3 month T -Bill —CMSD- monthly —LAIF- monthly OC Pool- monthly crgsr-q November 7, 2006 0 Mr. Robin Harriers Manager/District Engineer Costa Mesa Sanitary District 628 W. 19th Street Costa Mesa, CA 92627 Re: Options for Disposal of Electronic and Universal Wastes Dear Mr. Hamers: RECEIVED NOV 15 2006 COSTA MESA SANITARY DISTRICT The Electronic (E) Waste Recycling Act of 2003 as amended by AB 50 in 2004 and the Department of Toxic Substances Control (DTSC) ban of disposal of Universal (U) wastes have placed municipalities at the forefront to provide programs for the proper disposal and recycling of these wastes from both residential and commercial users. The California Integrated Waste Management Board (CIWMB) has instructed the Local Enforcement Agencies (LEA's) to implement programs, which ultimately become the responsibilities of local government concerns. Although the CIWMB does not have a "grace" period for implementation of these regulations, it will probably take a few months for the LEA to fully incorporate the new regulations into their routine inspections and enforcement protocol. Recently, the Orange County landfill operations group has begun load checking our compacted and non - compacted deliveries to the landfills; as well as loads going to the CR Transfer and Processing Facility. Although a report is not yet published, there have been several instances where our drivers have been instructed to remove a -waste and u -waste materials from the delivered loads, return . the material to our facilities, and dispose of the wastes properly. This obviously places an additional burden on our drivers and operations departments. Additionally, municipal jurisdictions will no doubt be directed to develop and distribute public education information to make sure residents and businesses keep E and U - Wastes out of the regular solid waste stream. In order for municipalities to be in compliance with these State mandates, your City may need to consider and implement more local disposal options for these wastes. Therefore, it is prudent to plan now rather than wait for the full enforcement of the regulations to occur. When considering collection and disposal options for E & U Wastes it is helpful, if not highly important, to consider options that will make the most sense to residents and businesses. This includes making the process convenient for people to separate and remove these wastes from the general solid waste stream. As your solid waste service provider, CR &R would like to assist you in any way we can to make the process more convenient for you, the City Council, residents and businesses. This includes reviewing the current options as we see them, available for your consideration. We believe the following five options should be reviewed: 1. Direct residents to utilize the Orange County hazardous waste drop off center in Anaheim, San Juan Capistrano or Huntington Beach. This option Is only available for residential properties and may not be as convenient, thereby not capturing large amounts of these hazardous materials. 2. Weekend collection events sponsored by various cities. A number of these events have been coordinated by several cities as a free event for the E- wastes, but may be chargeable per event or per user with the addition of U- wastes. Customer convenience is again an issue. CR &R INCORPORATED 11292 WESTERN AVE. P 5 ^ OX 12 *N, 25 90680 a 6.9677 714.826.9049 714.890.6347 Fax WWW.CRRINC.NET recycled paper 3. Take It Back Partnerships. The State has established several partnerships with local businesses to accept spent E • and U wastes where new products are sold. Again this is typically not a convenient process for the generators of these wastes. 4. Hazardous Waste companies collection at the door. There are specialty companies available to quote cities on door - side collection of these wastes for either a separate charge per customer collection, or a monthly fee to all customers based on the total number of residences and businesses within the community. These are usually quoted with a maximum number of collections or units per year. Billing is usually sent directly to the City for payment. 5. CR &R's Special Services Division. Cities under franchise with CR &R will now have the option of hiring CR &R for these special waste collections at the door. The high degree of convenience for the customers, a low monthly cost that can be spread over the entire customer base and added to the existing monthly or quarterly billing, provides an easy mechanism for jurisdictions to be in compliance with these State regulations. A maximum number of collections per year will be contracted for with a monthly rate that can be annually adjusted based upon the previous year's usage. As an option, a separate line item can be placed on your residents' and businesses' billing statement to better educate the public. Enclosed are several pieces of literature available from State websites to better explain the regulations. Please note that Electronic Wastes are included within the category of Universal Wastes. It should also be noted that in 2008, syringes and potentially Pharmaceutical Wastes (prescription and non - prescription drugs, excluding controlled substances) will be included in the list of Universal Wastes and may be considered the responsibility of local agencies to divert from disposal facilities. It is likely that the City will receive an increasing number of inquiries from the public concerning these wastes. An E - Waste fee is being charged on the sale of certain electronic devices. Many articles are appearing in local papers and in magazines about the new laws and the landfill bans. It will be important for the City to inform residents and businesses about the laws, the reasons for them, and about what they can do to comply with these new laws. • We would like to separately meet with each of our cities to better explain our procedures, in that each city may have varying degrees of implementation of E vs. U waste collection costs. We will plan on an overview of this procedure at the next Recycling monthly meeting and answer any general question you may have. CR &R has attempted to be proactive on our approach to this issue and we look forward to assisting you as best we can on implementing programs to protect the environment now and in the future. Thank you for your review. We look forward to the opportunity to provide these special services to assist you and your City in the solid waste field. Sincerely, w Dean A. Ruffridge, Senior Vice President CC: Thomas Fauth, Assistant Manager 2 is Waste Classification 101 O dIdlI OWU. kV IVI JGY-J IJ-7 DTSC/ HWMP /Universal Waste Section Universal Wastes to be Prohibited From Disposal Questions and Answers on Requirements for Handling Universal Wastes* • 1. What has changed? Until February 8, 2006 households and some small businesses are allowed to put waste batteries, electronic devices, and fluorescent light bulbs in the trash. Homeowners can also throw away mercury- containing thermostats until this date. After February 8, these items, called universal wastes, should not be placed in the trash. 2. What are universal wastes and why can't I put them in the trash? Universal wastes are hazardous wastes that are generated by several sectors of society, rather than a single industry or type of businesses. Hazardous wastes contain harmful chemicals, which, if put in the trash may harm people or the environment. Universal wastes include: Common Batteries — AA, AAA, C cells, D cells and button batteries (e.g. hearing aid batteries). These may contain a corrosive chemical that can cause bums as well as toxic heavy metals like cadmium. (Automotive type batteries are not universal waste. When they become waste, they are regulated under a different law.) Fluorescent Tubes and Bulbs and Other Mercury - Containing Lamps — Fluorescent light tubes and bulbs, high intensity discharge (HID), metal halide, • sodium, and neon bulbs. These lights contain mercury vapor that may be released to the environment when they are broken. Mercury is a toxic metal that can cause harm to people and animals including nerve damage and birth defects. If mercury is released into the environment it can contaminate the air we breathe and enter streams, rivers, and the ocean, where it can contaminate fish that people eat. Thermostats — There is mercury inside the sealed glass "tilt switch" of the old style thermostats (not the newer electronic kind) Electronic Devices such as: televisions and computer monitors, computers, printers, VCRs, cell phones, telephones, radios, and microwave ovens. These devices often contain heavy metals like lead, cadmium, copper, and chromium. Electrical Switches and Relays typically contain about 3.5 grams of mercury each. Mercury switches can be found in some chest freezers, pre -1972 washing machines, sump pumps, electric space heaters, clothes irons, silent light switches, automobile hood and trunk lights, and ABS brakes. Pilot Light Sensors — Mercury- containing switches are found in some gas appliances such as stoves, ovens, clothes dryers, water heaters, furnaces and space heaters Mercury Gauges — Some gauges, such as barometers, manometers, blood pressure, and vacuum gauges contain mercury. Mercury Added Novelties - Examples include greeting cards that play music when opened; athletic shoes (made before 1997) with flashing lights in soles; and mercury maze games. Mercury Thermometers — Mercury thermometers typically contain about a half gram of mercury. Many health clinics, pharmacies and doctor's offices have thermometer exchange programs that will give you a new mercury-free fever thermometer in exchange for your old one. Non -Empty Aerosol Cans that Contain Hazardous Materials— Many products in aerosol cans are toxic. And many aerosol cans contain flammables, like butane, as propellants for products like paint. If your aerosol can is labeled with words like TOXIC or FLAMMABLE don't put it in the trash unless it is completely empty. 3. What happens if I throw universal waste in the garbage? Like used motor oil and paint, universal waste is a kind of hazardous waste. It is illegal to dispose of hazardous waste in the garbage. In addition, by throwing universal waste in the garbage, you can cause additional hazards to your garbage handler. Eventually, chemicals in illegally disposed hazardous waste can be released into the environment and contaminate our air, water, and possibly the food we eat. •4. If I can't throw this stuff in the trash how do I get rid of it? Many local government agencies run programs that help households and small businesses recycle or properly dispose of their hazardous wastes. Additionally, some retailers will collect certain universal wastes, such as batteries. For information on local collection programs, contact your municipal waste service provider or click here for the list of Household Hazardous Waste Program Web links. You can also check http: //www.earth911.org for a universal waste collection program near you. 5. How do I know if a particular electronic device can't be thrown in the trash? DTSC has tested many electronic devices including: tube -type and flat panel televisions and computer monitors, laptop computers, computers (CPUs), printers, radios, microwave ovens, VCRs, cell phones, cordless phones, and telephone answering machines. The devices that DTSC tested contained concentrations of metals (lead and copper) high enough to make them hazardous wastes when they are discarded. Unless you are sure they are not hazardous, you should presume these types of devices need to be recycled or disposed of as hazardous waste and that they may not be thrown in the trash. For additional assistance, you can call the Waste Evaluation help line at (916) 322 -7676. Other resources: DTSC's web page on universal wastes http://www.dtsc.ca.gov/HazardousWaste/Universa[WasteAndex-cfm California Integrated Waste Management Board's universal waste web page: http: / /www ciwmb ca govMIPIE/HazSub /UniWaste.htm California Recycling: hftp://www.regycle.ca.-qov/ * The answers to these FAQ are intended to give general guidance to households. For specific requirements please see Title 22 California Code of Regulations section 66273 et seq. or check out the publications page on DTSC's web site www.dtsc.ca.gov 0 • Managing Universal W 9 J Waste in California x�............. ............< DEPARTMENT OF TOXIC SUBSTANCES CONTROL Introduction New laws adopted since 2000 created Califomias "Universal Waste Rule" to simplify how we manage many common hazardous wastes. The Department of Toxic Substances Control (DTSC) has developed this fact sheet to provide in- formation about these laws. Universal Wastes Lower risk than other hazardous wastes Generated by a wide variety of people 4� _ Reduced management requirements The energy challenge facing California is real. Every Californian needs to take immediate action to reduce energy consumption. For a list ofsimple ways yvu can reduce demand and cutyvur energy casts, see our ?wb site at www. disc. ca. gv What are universal wastes? Universal wastes are hazardous wastes that are more common and pose a lower risk to people and the environment than other hazardous wastes. Federal and ..� State regulations identify universal wastes and provide simple rules for han- dling, recycling, and disposing of them. The regulations, called the "Universal Waste Rule," are in the California Code of Regulations, title 22, division 4.5, i ..r maF chapter 23. All citations in this fact sheet refer to the California Code of Regula- tions, title 22, division 4.5, unless otherwise indicated. �< All universal wastes are hazardous wastes and, without the new rules, they would have to be managed under the same stringent standards as other hazardous wastes. Also, universal wastes are generated by a wide variety of people rather than by the industrial businesses that primarily generate other hazardous wastes. Not all waste products of a particular type are hazardous waste and universal waste. For example, waste thermometers that contain mercury are universal wastes Y` but waste thermometers that contain alcohol are neither hazardous waste nor universal waste. Universal Wastes Lower risk than other hazardous wastes Generated by a wide variety of people 4� _ Reduced management requirements The energy challenge facing California is real. Every Californian needs to take immediate action to reduce energy consumption. For a list ofsimple ways yvu can reduce demand and cutyvur energy casts, see our ?wb site at www. disc. ca. gv What items are designated as universal wastes? The following items are universal wastes when they are no longer useful or are discarded: 1. Mercury thermostats. These thermostats con- tain small glass capsules of mercury, a shiny liq- uid metal, to make electrical contact. Modern electronic thermostats do not contain mercury. 2. Batteries. Universal waste batteries include rechargeable nickel- cadmium batteries, silver button batteries, mercury batteries, small sealed lead acid batteries (burglar alarm and emergency light batteries), most alkaline batteries, carbon - zinc batteries, and any other batteries that exhibit a characteristic of a hazardous waste (§ §66261.20 through 66261.24). NOTE.- Spent automotive -type lead acid stor- age batteries are not universal waste. They are hazardous wastes that require management as specified in chapter 16, article 7 3. Lamps. Universal waste lamps include fluores- cent tubes, high intensity discharge lamps, sodium vapor lamps, and any other lamps that exhibit a characteristic of a hazardous waste. Some fluorescent tubes will not be considered hazardous waste, or universal waste, until 2004. For more information regarding which tubes are currently considered hazardous and non- hazard- ous, call the information numbers listed at the end of this document. s2 4. Non -empty aerosol cans. The Legislature added non -empty aerosol cans to the list of universal wastes in 2001. This fact sheet does not address management of non -empty aerosol cans. For in- formation, see Health and Safety Code section 25201.16. 5. Mercury switches. Two different types of mer- cury switches are universal wastes: • Motor vehicle light switches that contain mercury. Health and Safety Code section 25214.6 designates motor vehicle light switches (automatic hood and trunk light switches) containing mercury as universal wastes once they are removed from vehicles. As of January 2005, vehicles that contain the switches will also be considered hazard- ous waste until the mercury light switches are removed. • Non - automotive :mercury switches and products that contain them, when they are recycled as scrap metal. These switches in- clude thermostats and tip switches in por- table heaters, washing machine out- of -bal- ance switches, silent wall switches, and other mercury- containing switches and products containing them. As of February 9, 2006, all discarded products that contain mercury switches will be universal wastes. 6. Mercury thermometers, including fever thermometers. 7. Pressure or vacuum gauges that contain mer- cury such as U tube manometers, barometers, and sphygmomanometers (blood pressure meters.) 8. Dilators and weighted tubing. These medical devices contain mercury. 9. Rubber flooring that contains mercury. Older gymnasium floors that were poured in place to form indoor tracks and gymnastic areas frequently contain mercury. 10. Novelties that contain :mercury or mercury bat- teries such as some singing greeting cards, flashing athletic shoes, jewelry, and other devices. As of January 1, 2004, all novelties with added mercury are considered hazardous and universal wastes. • r 11. Mercury gas flow regulators. These older gas flow regulators are managed exclusively by natural gas utilities. 12. Counterweights and dampers, including devices that use pouches of high density mer- cury to dampen shaking on hunting bows and snow skis or to absorb recoil on shotguns. 13. Dental amalgam tooth filling materials includ- ing waste amalgam, bits and pieces from chairside traps, and spent wastewater filters. 14. Consumer electronic devices. Electronics that exhibit hazardous characteristics such as some cell phones, game consoles, and computers (ch. 11, art. 3) . 15. Cathode ray tubes. Waste cathode ray tubes (CRTs), such as television picture tubes and non - flat panel computer monitors, are universal wastes with special management standards. This fact sheet does not address managing waste CRTs; see the Electronic Waste Recycling page on DTSC's Web site at: www.dtsc.ca.gov. 16. Gauges. Vacuum and pressure gauges that con- tain mercury, including blood pressure gauges, barometers, and manometers Do these regulations apply to me? If you generate universal wastes, you must comply with these regulations. However, two exemptions temporarily allow people to dispose of some univer- sal wastes in the regular trash. These exemptions only apply to waste lamps, thermostats, batteries, and con - sumer electronic devices Households: Universal waste batteries, thermostats, lamps, and consumer electronic devices generated by people maintaining their private household are ex- empt. They may be disposed of in the trash unless forbidden by the local solid waste authorities. This exemption will end on February 8, 2006. Conditionally exempt small quantity universal waste generators: The smallest commercial hazard- ous waste generators may temporarily dispose of their universal waste batteries, thermostats, lamps, and con- surer electronic devices in the trash, unless forbidden by the local solid waste authorities. These exemptions will end on February 8, 2006. To qualify for this ex- emption, you must meet the following conditions: From February 9. 2002 until February 8. 2004• • Generate less than 100 kilograms (220 pounds) of total federally regulated hazardous waste, including all universal wastes (except CRTs) in any calendar month; and Generate less than 1 kilogram (2.2 pounds) of any waste identified as an acutely hazardous waste in chapter 11; and • Remain in compliance with Code of Federal Regulations, title 40, section 261.5. From February 9 2004 until February 8 2006• • You must meet the above requirements, and During this period, you may dispose of no more than 30 universal waste lamps and no more than 20 pounds of universal waste batteries in the regular trash in any calendar month. Mercury thermostats must be recycled or disposed of as hazardous waste. T'emporafyand conditional Universal Waste Exemptions are m place for batteries, thermostats, lamps, and consumer electronic devices only These exemptions do not apply to CRTs (TV and computerglass), non -empty aerosol cans, or most universal wastes containing mercury. Household universal waste is exempt Y .......T' y until February 2006. Small business univer, waste is exempt until 2006, if certain conditions are met. >al m:� Permanent Household and Conditionally Exempt Small Quantity Universal Waste Gen- erator exemption: Households and the smallest commercial universal waste generators only have to follow the recycling and hazardous waste disposal parts of the universal waste rule. They are not subject to rules for training, accumulation, packaging, their universal wastes. Where may D send ¢ niverse0 wastes? Many universal wastes must be recycled. Except for households and small generators that are temporarily exempt, everyone must send the universal wastes listed below directly to an authorized recycling facil- ity or to a universal waste consolidator for shipment to an authorized recycling facility. R;a Universal wastes that must be recycled: • lamps • mercury switches • mercury thermometers C mercury gauges • dialators and weighted tubing • gas flow regulators • counterweights and dampers • cathode ray tubes (TV and computer glass) If you do not recycle these wastes, then you must manage them as hazardous waste rather than as uni- versal waste. This includes notifying DTSC, using a manifest and a registered hazardous waste hauler, com- plying with shorter accumulation times, and ship- ping only to an authorized destination facility. C7 Send all other universal wastes to one of three types ® of destinations: • another location for consolidation or storage: - a business with many locations can designate one location as the consolidation point for the universal wastes from all of its locations - universal wastes may be sent to a business that specializes in collecting, consolidating, and ship- ping universal wastes to a destination facility • a hazardous waste recycling facility • a hazardous waste land disposal facility for uni- versal wastes that are not required to be recycled (see table on page 4.) Unless you are exempt from these rules, you may not send universal waste to a municipal solid waste (garbage) landfill or to a non - hazardous waste recy- cling center. Disposal at any unauthorized disposal site such as road- sides or ditches is illegal and a serious crime as well as a serious environmental threat. What rules must I follow to manage my universal wastes? Unless you are exempt, you must follow the rules for either large quantity handlers of universal waste or for small quantity handlers of universal waste. Large quantity handlers of universal waste have more than 5,000 kilograms (5.5 tons) of univer- sal waste at one place at one time. They must fol- low more stringent standards for handling their universal waste. Generally, only a universal waste collection business will accumulate that much uni- versal waste at once. Most individuals and businesses are small quantity handlers of universal waste. The rules they follow are in sections 66273.10 through 66273.21. A summary of the requirements is below; however, small quan- tity handlers of universal waste must comply with the full regulations, not just this short summary. If you are a small auantity handler of universal waste: ° Send all universal waste to a facility authorized to collect, recycle or dispose of universal waste. • Do not dispose of universal waste to the trash • Do not accumulate more than 5,000 kilograms of universal waste at any one time. • You do not need a hazardous waste identifica- tion number. • Do not store universal waste for longer than one year after generating or receiving the waste. If you think you need more time, contact your Certi- fied Unified Program Agency (CUPA) well be- fore your oldest universal waste will be held for one year ( §66273.15). • Document the length of time you have accumu- lated universal waste from the date you accepted it from someone else, discarded it yourself after it was "used up," or decided to discard it ( §66273.15 (c)). The regulations contain several options for documenting accumulation time. Label or mark universal wastes, or containers or packages of universal waste, to identify their tomes. The regulations provide several options for la- beling. The purpose of labeling is to ensure that emergency response personnel or an inspector can identify the universal waste ( §66273.14). Generally, you may not treat universal waste ex- cept when cleaning up releases or managing spe- cific wastes as provided in section 66273.13 (for example, removing mercury ampules from ther- mostats or removing electrolyte from batteries) ( §66273.11). Treatment includes any activity that changes the characteristics of the waste. Clean up any releases such as leaking batteries or broken fluorescent tubes. Repackage the dam- aged universal waste and manage it as universal waste. Manage any other materials generated, such as cleanup supplies and contaminated soil, as haz- ardous wastes if they are identified as hazardous waste (§ §66273.13 and 66273.17). Train employees in proper universal waste man- agement including handling, packaging, stor- ing and labeling the universal waste, as well as how to respond to releases ( §66273.16). This training may be accomplished by simply giving employees written instructions or posting these instructions in the universal waste management areas of the building. • Determine whether the universal waste is a hazard- ous material under the United States Department of Transportation (U.S. DOT) rules. For U.S. DOT hazardous materials, properly mark the packaging and placard the transportation vehicle. The applicable U.S. DOT regulations are in Title 49 Code of Federal Regulations, Parts 171 through 180 ( §66273.18). • Prepare proper shipping papers such as a bill of lading. A Uniform HazardousZJVaste Manifest is not necessary for universal waste shipments ( §66273.18). You may transport universal waste in your own vehicle or may use any common carrier allowed by U.S. DOT and California law to transport non - hazardous waste. You are not required to use a registered hazardous waste hauler to trans- port universal waste ( §66273.18). Ship the universal waste to another small quantity handler of universal waste, a large quantity handler of universal waste, or a destination facility. When shipping or receiving universal waste, specific rules apply regarding accepting shipments containing hazardous wastes that are not universal wastes and shipments that are rejected ( §66273.18). • Keep records of all shipments and receipts of universal waste for three years ( §66273.19). • When sending universal waste outside the country, comply with regulations addressing universal waste export ( §66273.20). Disclaimer This fact sheet does not replace or supersede stat- utes or regulations. All universal waste handlers must follow the hazardous waste control statutes and regu- lations, including the universal waste regulations, and must comply with the detailed standards ap- plicable to their activities. %to* Printed on Recycled Paper For further information about managing universal waste, please contact DTSC's regional Public and Business Liaisons at (800) 72TOXIC (1- 800 - 728 -6942) or visit www.dtsc.ca.gov. DTSC Headquarters (916) 323 -2678 10011 Street Sacramento, CA 94812 -0806 Sacramento Office (916) 255 -3617 8800 Cal Center Drive Sacramento, CA 95826 -3268 Berkeley Office (510) 540 -3739 700 Heinz Avenue, 2nd Floor Berkeley,CA 94710 -2721 Glendale Office (818) 551 -2830 1011 North Grandview Avenue Glendale, CA 91201 -2205 Cypress Office (714) 484 -5400 5796 Corporate Avenue Cypress, CA 90630 -4732 Clovis Office (559) 297 -3901 1515 Tollhouse Road Clovis, CA 93611 -0522 San Diego Office (619) 278 -3734 2878 Camino del Rio South, Suite 402 San Diego, CA 92108 -3847 FS -02- 035 -HWM • • Pharmaceutical Waste Page 1 of 4 California Home Tuesday, N( • Laws. Regs & Policies DTSC: Managing Hazardous Waste Publications & Forms pharmaceutical Waste What's in My Community? Decisions Pending & Pharmaceutical Waste Opportunities for Public Pharmacological Wastes Symposium Participation What are pharmaceutical wastes? Why is DTSC interested in pharmaceutical waste? Upcoming Events I'm convinced that pharmaceutical waste is afro WFn What can I do, as i st on elsona_Lo difference? REA Program Consumer, Health Care Community and Regulatory Information Press Room Employment Contact Us Site Map .•rte su@,s>s tontr� The Department of Toxic Substances Control protects you from toxics from the past, in the present, and into the future. Pharmaceutical Waste DTSC, a prestigious scientific organization in addition t regulatory responsibilities, has stepped up to grappling question of pharmaceutical waste as a key piece of prc future of Californians and their environment. Pharmacological Wastes Symposium DTSC will sponsor a full -day Pharmaceutical Wastes Symposium in Spring 2007 in the Cal/EPA bui Street in Sacramento, California. This symposium will open a dialogue about pharmacological wast, How should we define pharmaceutical wastes in the context of hazardous waste? What are the potential health and environmental impacts associated with pharmaceutical wastes? What State and federal environmental laws regulate it now? What are the best options for pharmaceutical waste reduction? What aspects of pharmaceutical waste cannot be addressed through pollution prevention? What should be the standards for proper disposal of pharmaceutical wastes? h":// www. dtsc. ca. gov/ HazardousWaste /Pharmaceutical.cfm 11/7/2006 Pharmaceutical Waste Page 2 of 4 What are pharmaceutical wastes? Quite simply, "pharmaceutical wastes" are waste drugs. They are drugs we all take, from the simple complex cocktails of potent disease- fighting drugs used to treat cancer and HIV. We swallow them, our skin, have them injected. We get them with a prescription or purchase them over the counter. Pharmaceutical wastes may be created at any point in the life of a drug — from research and development, to packaging and distribution, taking the drugs, and through the excretion or bathing that rids us of the drugs not consumed by our bodies. Sometimes drugs become waste because they have exceeded their shelf -life, are discontinued or recalled, mixed (as many are) but not used, or simply not needed anymore. And don't forget about veterinary science, always following along with human medicine. Fido's prednisone is the same as ours when it comes to being part of the pharmaceutical waste stream. Even more surprising, perhaps, are the numbers of personal care products — makeup, fragrances, cleansers — the contents of which cause them to become pharmaceutical waste. Why is DTSC interested in pharmaceutical waste? Maybe you're thinking, "Doesn't government have anything better to do than tell me what to do with meds ?" This is a case, not unlike electronic waste, where it's not so much that throwing your allergy toilet (this is really not a good idea) or into the trash is going to cause environmental calamity and a crisis all by itself. It's the fact that drugs are in use everywhere and by all of us (and our pets) and tt eventually wind up in the environment. So, to start, we have the problem of sheer volume combinec volume spread all over and thus more difficult to rein -in. So what? What's the damage caused? The widespread release of waste drugs a care products to sewers, and then to surf-, waters as well as to land, may be causinc environmental problems. Treatment plan- designed to filter out most of those chemi less immediate and obvious effects on thr marine life and, ultimately, humans. For( scientists find more and more examples c hormones causing severe deformities in E in fresh water. Worse, in terms of the vol the larger picture has emerged as the evil showing that a lot of personal care produ( fragrances and sunscreens) and drugs fr( spectrum of therapeutic classes can occu environment and drinking water (albeit at concentrations), especially in natural wate waste water treatment plants discharge. There's only so much drinkable water in the world, 16 percent by some estimates. So rising levels c in any form is a very big problem. For a long time, the regulatory distinction between hazardous wa! in the law, and by U.S. EPA and DTSC in regulation) and medical waste (with its own definitions) ha truly environmentally - protective approach to the very complex issues surrounding pharmaceutical w. relatively recently have environmental agencies begun to grapple with these issues. There are man very complex problem that as a multi- media, multi - disciplinary scientific agency, DTSC intends to e: I'm convinced that pharmaceutical waste is a problem. What can just one person, to make a difference? http:// www. dtsc. ca. gov/ Ha7,ardousWaste /Pharmaceutical.cfrn 11/7/2006 Pharmaceutical Waste Page 3 of 4 First and foremost, most of us of a certain age have been trained to get rid of old or unwanted drugs them down the toilet That practice, for most of us, evolved from our desire to keep potentially dang of the hands of others, especially children. But if you flush your remaining hormones down the toilet doctor changes your prescription, it is virtually guaranteed that those drugs will go into our drinking v There are other actions to take, as well. Follow your doctor's orders and take your medications (not ever decides on their own that they are cured and no longer need to take their prescriptions!). Store medications properly so they will be useful until the end of their established shelf life. If you look clo bottle and the instructions that go along with a prescription, you will see that most need to be at roor not kept in your car to take on your way home from work every night, as an extreme example. Soml should be kept in a refrigerator. Pay attention to the storage instructions just as you do the dosage i Another thing you can do is to educate yourselves, your family members, your friends and coworker emerging environmental issue. DTSC created this Web page to assist you in doing just that. Consumer, Health Care Community and Regulatory Information For Consumers Pollution from Personal Actions Activities. and Behaviors, U.S. EPA Programs that sponsor residential pharmaceutical waste disposal events. Call ahead of time for schedule. Impact of Pharmaceutical Wastes on Waste Water 0 Summary Notes of U.S. EPA Pharmaceutical Waste Meeting Natural Medicines may have an impact on the environment too. For the Health Care Community Managing Pharmaceutical Waste - What Pharmacists Should Know Regulatory Information General RCRA Hazardous Waste: RCRA Orientation Manual 40 Code of Federal Regulations: Hazardous Waste Regulations OSHA Technical Manual — Controlling Occupational Exposure to Hazardous Drugs RCRA Pharmaceutical Enforcement Initiative — News Release, Health Care 0 Pharmaceuticals as Medical Waste - California Department of Health Services http:// www. dtse. ca. gov/ HazardousWaste /Pharmaceutical.cfm 11/7/2006 Pharmaceutical Waste Page 4 of a �s' K C.OA CauEPA I Air Resources Board I California Integrated Waste Management Board I Department of Pesticide Regulatio Office of Environmental Health Hazard Assessment I State Water Resources Control Board Conditions of Use I Privacy Policy I E-mail Webmaster C 2003 State of Cal fomia. C • h4:// www. dtsc. ca. gov/ HazardousWaste /Pharmaceutical.cfin i in/2006 January 4, 2007 CITY OF COSTA MESA CALIFORNIA 92628 -1200 P.O. BOX 1200 Alan R. Burns District Counsel Harper & Burns LLP 453 S. Glassell Street Orange, CA 92866 PUBLIC SERVICES DEPARTMENT Re: Public Records Act Request for Sewer Line and Pump Station Maintenance and Service Records Dear Mr. Burns: I am in receipt of your letter of December 15, 2006, requesting various records related to the services the City of Costa Mesa (City) provided to the Costa Mesa Sanitary District (District) prior to December 15, 2005. As stated in previous correspondence to the District, City staff has completed a thorough search and can not locate any other records other than those already provided to or removed by the District from City property. In December 2005 the District maintenance agreement with the City ended. At that time a due diligence search was conducted and all maintenance records within the City were prepared for delivery to the District, with the exception of the station pump run times logs, which remained in the individual pump station panel boxes, as was customary. These records included: • Daily work sheets dating back to 2002, documenting the location of sewer line locations cleaned each day and the corresponding linear footage of lines cleaned. • One map showing yearly progress of lines cleaned that corresponded with the above referenced daily work sheets. • One personal computer containing pump station maintenance information and pump run times. • Pump station run time logs that included minor maintenance notes. • Equipment manuals for District owned equipment. The above listed records, with the exception of the logs of the station pump run times, were collected, boxed and labeled by Gerry Vasquez the Sanitation Supervisor at the time. City maintenance staff recalls that in late November or • early December 2005, Karl Dulake, a former City employee in the Sanitation 77 FAIR DRIVE PHONF /7141754.5343 • FAX (71417..1,4 -5028 • Tr)n (yin) 71e_19en Section of the Maintenance Services Division, and at that time a newly hired District employee, came into the City's offices, located at 2300 Placentia Avenue, and removed the box of records and the maintenance manuals listed above. Therefore, the City was not able to go through these records with Costa Mesa Sanitary District personnel and formally release them to the District. It is also believed the District's computer was removed without prior notification by Thomas Fauth a District employee. The City's Maintenance Services Manager observed Mr. Dulake on one occasion leaving the City Corporation Yard and verbally received Mr. Dulake's assurance that he was removing only District property. The manager also spoke with Mr. Fauth by telephone to confirm he had in fact, removed the computer and equipment. Following a request from the District, an extensive search of all City maintenance records was performed in late December 2005, and again on December 26, 2006, by City maintenance supervisors and former Sanitation Section personnel. This search confirmed that the City of Costa Mesa is no longer in possession of any maintenance records, schedules, maps, log entries, manuals, calendars, daily work sheets or stored computer information pertaining to maintenance of sewer lines, pump stations, or any other sanitation related activities, tasks, maintenance or repairs completed by the City of Costa Mesa for the Costa Mesa Sanitary District. I fully understand the request you have submitted on behalf of the District and believe that the staff of the City of Costa Mesa has completed a thorough search for the information. Unfortunately the City is no longer in possession of the requested records. Sincerely, William J. orris Director of Public Services c: Allan L. Roeder, City Manager Kim Barlow, City Attorney Board of Directors, Costa Mesa Sanitary District • Mr. Bill Morris Director of Public Service City of Costa Mesa P.O. Box 1200 Costa Mesa, California 92628 -1200 Sent via U.S Mail Re: Public Records Act request for sewer line and pump station maintenance and service records Dear Bill: Rob Hamers, District Manager, has provided me with copies of correspondence between you and him regarding sewer system maintenance records. As you know, we have been experiencing sewer system failures (lines clogged and pump station breakdowns) lately and are trying to determine cause and effect. We seek to determine when lines were last cleaned and when pump stations were last serviced to explain these failures. As you also know from the exchange of letters, we understand that Karl Dulake may have taken certain material from the City, including manuals for equipment that became the District's, but he states that he did not take any maintenance records. We have informed the Board of these facts but they have directed that a formal Public Records Act request for the maintenance records be sent. Therefore, please consider this the District's formal request under the Public Records Act for the maintenance records for both sewer line cleaning and pump station service /maintenance for the last five years that these services were provided by City personnel. For purposes of this request, please consider a maintenance record to be any document, electronic recording, log entry, journal entry, daily diary, map, calendar or schedule, whether recorded on paper, electronic or other form. We understand that the City terminated these services in November - December of 2005. If you do not have any such records, please advise if you ever did, the form it was kept in, and any explanation for the fact that it no longer exists. • LAW OFFICES OF HARPER & BURNS LLP A MUTED LIABILITY PARTNERSHIP INCLUDING A PROFESSIONAL CORPORATION 453 S. ASSELL STREET ALAN R. BURNS ORANGE, , CALtFORN1A 92866 RI \'FR CIt)F /CAN RFRN ARf1f\CI JOHN R. HARPER• (951) 674 -0698 COLN R. BURNS (714) 771 -7728 OF COUNSEL FAX (714)744 -3350 JUDI A. CURTIN• MICHAEL MONTGOMERY* •A PROFESSIONAL CORPORATION DEC 2 2 ;:006 Qk1! r i' iv i iris'+ December 15, 2006 I Mr. Bill Morris Director of Public Service City of Costa Mesa P.O. Box 1200 Costa Mesa, California 92628 -1200 Sent via U.S Mail Re: Public Records Act request for sewer line and pump station maintenance and service records Dear Bill: Rob Hamers, District Manager, has provided me with copies of correspondence between you and him regarding sewer system maintenance records. As you know, we have been experiencing sewer system failures (lines clogged and pump station breakdowns) lately and are trying to determine cause and effect. We seek to determine when lines were last cleaned and when pump stations were last serviced to explain these failures. As you also know from the exchange of letters, we understand that Karl Dulake may have taken certain material from the City, including manuals for equipment that became the District's, but he states that he did not take any maintenance records. We have informed the Board of these facts but they have directed that a formal Public Records Act request for the maintenance records be sent. Therefore, please consider this the District's formal request under the Public Records Act for the maintenance records for both sewer line cleaning and pump station service /maintenance for the last five years that these services were provided by City personnel. For purposes of this request, please consider a maintenance record to be any document, electronic recording, log entry, journal entry, daily diary, map, calendar or schedule, whether recorded on paper, electronic or other form. We understand that the City terminated these services in November - December of 2005. If you do not have any such records, please advise if you ever did, the form it was kept in, and any explanation for the fact that it no longer exists. • Mr. Bill Morris Public Records Act Request December 15, 2006 Page 2 We thank you in advance for your cooperation and will certainly work with you if more time is needed than the 10 -day response time. Please advise if there will be a charge for these records and we will coordinate payment. If any part of this request is unclear, please give the undersigned a call. Sincerely, r 4 4- �� Alan R. Burns District Counsel cc: Board of Directors Manager/District Engineer Kim Barlow, Esq. • 9 r� U • May 23, 2006 RECHVED CITY OF COSTA MESA MAY 2 5 2006 CALIFORNIA 92828 -1200 P.O. BOX 1200 COSTA MESA SANITARY DISTRICT Robin B. Hamers Manager/District Engineer Costa Mesa Sanitary District 628 West 19th Street Costa Mesa, CA 92627 -2718 PUBLIC SERVICES DEPARTMENT Re: Request for Documents — CMSD Sewer Maintenance Program Dear Rob: I received your written request, dated April 21, 2006, for any documents in the City's possession that relate to "sewer line cleaning maps" and "schedules" related to the contracted services previously performed by the City under the agreement with the CMSD. Unfortunately, staff has located no additional records beyond those removed from the Streets and Sanitation offices located at 2310 Placentia Avenue by Karl Dulake in early December. Karl removed documents after hours and during times when City staff were not present, so staff is unable to verify whether or not he recovered the documents you are requesting. All remaining CMSD property was removed by District authorized staff prior to December 15, 2005, with the exception of the pump crane, which was removed recently. Cleaning and reorganization of the offices has been completed since that time, with no additional CMSD related information discovered. Should any CMSD related documents be located on City property in the future, you will be notified. If you have any questions, please feel free to contact me at 714 - 754 -5343. Sincerely, ti�K- William J. Morris Public Services Director /ch ( WJMCorres06/ DocumentRequestCMSDSewerMaintenance) c: Bruce Hartley, Maintenance Services Manager Richard Simons, Assistant Street Superintendent 77 FAIR DRIVE PHONE: (714) 754 -5343 • FAX (714) 754 -5028 • TDD: (714) 754 -5244 • www.ci.COSta- mesa.ca.us APR -21 -2006 13:17 RobHamers _ P.01/01 SAN17A \ costa Mesa SanitarN District ORATEj'� Cil1 Inbepeti ckut Special Dist) Ict f oarrf o f Urrr, rldrs I rl, lll' .1'r'/n, /r, r. Jrnrrc'+ l•�•r•rtnrulr -Ir•r Pcn- :t fI Ptu,gi r lri�.lrrcr F.rrrPnrr' A.prl1 21, 2006 Mr. William ,I. Morris . Director of Public Services City of-Costa Mesa 771'air Drive . Costa Mesa, CA 92628 RE: CMSD SF-.WFR MAINTENANCE; PROGRAM Dear Bill.- Would you kindly provide copies of the sewer line cleaning maps and schedule that the City maintained when cleaning the CMSD sewer system. This would allow the District to understand when the lines were cleaned during 2005 and be able to pick up where the City left oi'I' with one crew on November 1, 2005 and the second crew on December 14, �"_.nrnr 11,nt,n•r, 2005. The same holds true for the bumping station maintenance program. A scheduIt; of the .f! u R hu,rt•. work done at each station during the year 2005 would greatly assist the on -going maintenance program. L` fi,,; ,., 1;,,, f, Sincerely, 7rc'rr. +rrr, r Rollin B. Hamers Phone Manager /District Engineer Fax cc. Staff . Wth'i'Vc rl. 11RALt,Ct►Ilrl t111r ii>lft I0111111'S i):;II�LI,1 11p prOPIN)ILf S0110 (11OStt Oli(c) seirei- CO(feC001'1 .507'11T.S. l' �' '. 11" ('l) �tiII11L' �ti >(11111fiY111�15L1'll'L.OFt� TOTAL P.01 0PP -71 - Jflt 1t • 1 r7