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Agenda Packets - Board - 1999-05-13r • COSTA MESA SANITARY DISTRICT AGENDA ® , Regular Meeting r ;; 1 May 13, 1999 9ya� zo-�J Na -7 n / f V-cf 2-1 2 _Con�n�ncep- a Soc-h t t�e-de A I. CALL TO ORDER - 6:00 p.m. - Conference Room 1A - N '`5 -1-(F1111 - II. PLEDGE OF ALLEGIANCE lost /dam -- I11. INVOCATION ��M �� M�_� •� Rep 1 cost- _.• V A-b . Lqsl, c)"4 ,t IV. ROLL CALL woe eas �n P -RNs- G�aAgeit Es{- 4k Z()0 V. CONSENT CALENDAR - All matters listed under the Consent Calendar are considered to be routine and will be enacted in one motion in the form listed below. There will be no separate discussion on these items prior to the time the Board votes on the motion, unless members of the Board, staff, or the public request specific items to be removed from the Consent Calendar for discussion, in which event the item will be removed from the Consent Calendar and considered in its normal sequence,on the agenda. Minute Approval 1. Recycling Committee Meeting - April 13, 1999 - rr Approve ., 2. Investment Oversight Committee Meeting - April 15, 1999 Approve , 3. Regular Meeting - April 15, 1999 Approve Reports Manager's Reports 4. Occupancy Report and payment to Costa Mesa Disposal Approve for trash collection services for May 1999 5. Refunds Approve 6. Recycling Reports •-(a) Waste Diversion Report - April 1999 Receive and File (b) Contract Payment to CR Transfer for recycling Approve services and disposal for April 1999 COSTA MESA SANITARY DISTRICT AGENDA �;• sty ��, � wok �� Engineer's Reports 7. Project Status Report May 13, 1999 Page 2 RECOMMENDED ACTION Receive and File Treasurer's Reports S U n ,, 1 b kytauT - Accc 1� A1rr nS �-1 n e zTk M 8. Financial Report as of April 30, 1999 — f��c�a1 �� TI Lm, Receive and File 9. Report of Monies on Deposit as of April 30, 1999 Receive and File 10. Warrant Register'for May 1999 in the amount of $ Approve Payment -------------------------------------- - - - - -- -END OF CONSENT CALENDAR---------------------------------------- - - - - -- VI. WRITTEN COMMUNICATIONS VII. PUBLIC COMMENTS ~ VIII. MANAGER'S REPORTS A�Recycling Committee 1 Standardized Containers a) Mid Program Survey Results - 13c;o,,6_ M Accept Report (69-1Q. DIS-fR(cr, Pilot Program Timeline - p,,,5L,, �,5e Accept Report �S W k- c,,F- 2 Costa Mesa Disposal Contribution Toward Recycling Programs Sune- 's 10 10 'o, Public Education Fund Review Funding b� eti, % T >� 1+5" Prot, -ar, Requirements I c., ct v� b) Household Hazardous Waste Residential Pickup Program Review Funding Requirements — 3. City of Costa Mesa 1. Waste Hauler Meeting ' "Good Faith" Effort B. l Source Reduction and Recycling Element AB939 1. Update on Activities a) Anti- Scavenging and Screening of Trash Containers Enforcement Reports (1) Police Report Accept Report Accept Report (2) District Ordinance Enforcement Officer Report Accept Report r� U n • I COSTA MESA SANITARY DISTRICT AGENDA • ga'ff's. C. Board Education Program F .e re- 1 Special District Institute Seminar - Boar ember Leadership II "Emphasis in Finance" - April 29 -May 1, 1999 - Palm Springs IX. ENGINEER'S REPORTS - Q U,j_ejc p * 2 A. Project 160 - Fairview Park Sewer . RP, C cernrna"f ed A-C%rnn • rA May 13, 1999 Page 3 RECOMMENDED ACTION Accept Report Accept Report B. Project 163 - Upgrade Emergency Response Equipment Award Bid pu 2C.. OF- Z ge ✓ -ey o`l -o2S C. Agreement with County for Adjusting Manholes to Grade (Mesa Drive, Willow Lane Bay Farm Place, etc.) - �2�gvi �Gb �C PGSr 1. Agreement D99 -304 Execute Agreement 2. Deposit of $2,450 for Adjusting Manholes Approve D. 1890 Newport Boulevard - Borders Books - 51� 1. Accept New Sewer Easements Accept Grant 2. Vacate Old Sewer Easements a. Resolution 'No. 99 -617 �b. Resolution No. 99 -618 TREASURER'S REPORTS A. Orange County Bankruptcy - 0 B. Cancellation of Supplemental Tax Apportionment by County - Marc 0-011cu- /CYZ- A016* C. 1997 -98 County IWMD Report on Landfills pie `-' D. 1999 -2000 District Budget ry�� S�dY SPSS�� Adopt Resolution Adopt Resolution Accept Report Accept Report Accept Report Set Date for Study Session E Mileage Reimbursement Rate for Use of Personal Vehicle Consider Increase *4-a- Nom ,275' 5tt(C3e- ; .315 - 13Qa�� f-C, 4 - c.." XI. ATTORNEY'S REPORTS _4r"�a , �y F Lgrc - pc, so ►`+cf him 5e4-he - A R vise Bidding Limit on Public Works Projects I�,� �� 'Q"1D` P I 4,�C> r Fr LG, UDp 1. Ordinance No. 31 - Increasing the Bidding Limit for Public Adopt Ordinance Works Projects and Amending the Operations Code COSTA MESA SANITARY DISTRICT AD. B. Agreement for Emergency Services -- 1. Mike Kilbride, Ltd. XII. LOCAL MEETINGS A. Independent Special Districts of Orange County 1. Quarterly Meeting - April 29, 1999 B. Local Agency Formation Commission (LAFCO) C. Costa Mesa Chamber of Commerce Legislation Committee D. Orange County Sanitation District 1. Regular Meeting of April 28, 1999 E. Newport -Mesa Unified School District Maintenance & Operations and Ware Disposal Co. Wood Waste Recycling Demonstration - April 28, 1999 ----� XIII. OLD BUSINESS XIV. NEW BUSINESS XV. ORAL COMMUNICATIONS XVI. ADJOURNMENT May 13, 1999 Page 4 RECOMMENDED • ACTION Approve Agreement Accept Report Accept Report Accept Report Accept Report Accept Report r: ® Costa Mesa Sanitary District Standardized Container Pilot Program t3t�l sS SO— III. A. B. v 'eS'k �alit ---,> Legal Issues - 1 Proposition 218rnusd= 6� 2 . Assembly Bill 1760 --Zi dl i S cuss (0V1 3 General Fund balance S ' a. Where did it come from? b. What are allowable uses? Financial Statements Existing Format 1 General Fund 2 Sewer Construction Fund -- ^[z-, ( -7 6a 4 tLt Ke. {r., e.1A mate) 3 Facilities Revolving Fund Proposed Format 1 General Fund a. Variou resew categories ' ktaRr_ "Ill Wp q r\,d - {or fg'z As�s• IP�Qui�o e� b. Designation of fund balance for Future Sewer Rep/ aPr- ssu c. Designation of fund balance for Earthquake /Major Emergency Sewer Reconstruction 2 Facilities Revolving Fund l3 Ask 4. Mont-os PrAl 2 Tr Setre2..4�C�a�-ate' ��c I�es¢t�t,2 Pilot Program Timeline 6'01 es 1 Program Beginning Date — o "-r 3/1/1999 2 Mid - Program Survey Mail Date 4/15/1999 3 Analysis of Mid - Program Survey Results Date — 5/13/1999 4 Program Ending Date 5/30/1999 5 After - Program Survey Mail Date 6/2/1999 6 Analysis of After - Program Survey Results Date 7/7/1999 7 Final Report to CMSD Board of Directors 7/8/1999 • —�> A- vvr� Acncx) – YsK oR_ AJ4 CMSD Budget Cycle 1 Budget Planning Stud Session Date �`� 9 9 Y Mc►� June 1 -4, 1999 p1an� tom.., 2 Adopt District Budget 6/10/1999 3 Postcard mailing to 22,000 parcel owners (trash) 6/15/1999 4 Budget Cycle for 99/00 Begins 7/1/1999 5 CP Increase for contractors 7/8/1999 6 Public Hearing for Trash & Sewer Assessments 8/12/1999 ,9 Z M.o s «-'"�3 5/3/1999 Scj 0 COSTA MESA SANITARY DISTRICT RECYCLING COMMITTEE Re_?�CQeryl_� Pee. a4es4q o� e Glory- is v (v� yjv AGENDA May 4,1999 9:00 a. m. Conference Room 1A I. Standardized Containers ' 0bm Lo LS a,k " (!bLAncd re 4 -) x; 5, ) '5 (17 A. Mid - Program Survey Results Spo B. Pilot Program Timeli ne n'clt- �w�l�tn5`1 56L6r,%� - A-o (oL&rC.tL II. Costa Mesa Disposal Contribution Toward Recycling Programs A. Public Education Fund B. Household Hazardous Waste Residential Pickup _ 10 c, V.� Program IrSC,ll jjjv �t G�eC —�c P.s rJ� III. City of Costa Mesa A. Waste Hauler Meeting - "Good Faith" Effort ----, a47V Urv_s G .14 �,q,oco — C CVU ey-P ALL- • • ADDENDUM NO. 1 This Addendum to Agreement is made and entered into this AS�day of 1997 by and between the COSTA MESA SANITARY DISTRICT (hereinafter ``bistrict ") and COSTA MESA DISPOSAL, INC. (hereinafter referred to as "Contractor "). RECITALS WHEREAS, the District and Contractor have entered into an agreement dated June 9, 1994 which provides for the collection and disposal of trash within District (hereinafter "Agreement "); and WHEREAS, the parties desire to specify herein some of the services and programs contemplated by said Agreement; and WHEREAS, the parties have also discovered that the occupancy count upon which Contractor was being paid did not accurately reflect the correct number of residences that were being serviced by Contractor and that this affected the compensation paid to Contractor with the result that Contractor may have been overpaid by District; and WHEREAS, the parties hereto do hereby desire to specify services to be provided pursuant to said Agreement and desire to resolve the dispute over such overpayment by Contractor agreeing to provide additional services; NOW, THEREFORE, the parties hereto agree that the following additional services shall be provided by Contractor for each year that the Agreement (as amended) is in effect: 1. Contractor shall provide containers, personnel, and general support for the Mini Telephone Recycling Program to accommodate the June 1997 distribution of yellow pages in addition to the School Phone Book Recycling Program that is scheduled for November 1997. In each subsequent year, Contractor shall participate in the phone book recycling program to the District's satisfaction in conformance with the Pacific Bell distribution schedule. 2. Contractor shall purchase new signage for fleet vehicles every two years. In addition, Contractor will rotate the signage, not to exceed once per quarter, to promote the appropriate recycling program or District issue upon District's request. 0 1 • 3. Contractor shall Provide a new and additional Large Item Collection Program, that offers a free call -in service, once per year, per residential dwelling unit. This program will be in addition to the existing District -Wide Large Item Collection Program provided for in Paragraph 6 of said Agreement. Contractor will also provide up to five additional Large Item Collections per month, at the request and discretion of District. Large items are to be collected by Contractor within three working days of customer or District request. 4. Contractor shall provide general improvement of container handling throughout District area. 5. Contractor shall provide containers to any non - profit group (Boy Scouts, churches, etc.) for recycling projects at the request of the District and at no charge. Contractor to transport recyclables to a buy back center in Orange County and rebate money to nonprofit group. 6. Contractor to assist and cooperate with District in the organization of clean up days without charge. Contractor shall provide annually a total of fifteen containers and transportation of the container, at no charge. District shall pay landfill tipping fees only. Contractor shall establish a Public Education Fund in an amount not to exceed �-� Ten Thousand Dollars ($10,000) per year for the purpose of supplying public 141 00G --- education and information about source reduction, recycling, and composting. Fu C, g s can be used by the District for purchasing small giveaway items such as l� pencils, stickers, activity books, or publishing informational brochures or �mPernen(� advertisements or for other public education purposes. 9- R"- 4 L 8. Contractor shall provide and maintain a portable Recycling Information Booth that meets District's requirements to use at community events. 9. Contractor shall provide a cash donation to support local recycling efforts, in an amount not to exceed Five Hundred Dollars ($500) annually. 10. Contractor shall provide verification of trash occupancy count to District's satisfaction, once each five years. 11. Notwithstanding the provisions of Paragraph 5 of said Agreement, Contractor and District shall work together to provide a Household Hazardous Waste residential pickup program for recyclable household hazardous waste (Antifreeze, Car Batteries, Used Oil, Paint) approximately once every three years. Contractor shall be financially responsible for up to $10,000 per year in either financial consideration or services. he first Household Hazardous Waste pickup program is expected to occur in the year 2003. 2 �j 12. Contractor shall provide additional service to residents as needed to comply with the Americans with Disabilities Act. 13. Except as expressly modified herein, the terms and conditions of the Agreement shall remain in effect and these services shall be deemed additional to those required by said Agreement. Dated: - q q Dated: L - -I - -1 3 COSTA MESA SANITARY DISTRICT By: 001�46 I • r22z'�'� Ursident t B �,J 4 �4� Secretary COSTA MESA DISPOSAL, INC. By: � J COSTA MESA SANITARY DISTRICT ',. AGENDA Regular Meeting May 13, 1999 I. CALL TO ORDER - 6:00 p.m. - Conference Room 1A II. PLEDGE OF ALLEGIANCE Ill. INVOCATION IV. ROLL CALL V. CONSENT CALENDAR - All matters listed under the Consent Calendar are considered to be routine and will be enacted in one motion in the form listed below. There will be no separate discussion on these items prior to the time the Board votes on the motion, unless members of the Board, staff, or the public request specific items to be removed from the Consent Calendar for discussion, in which event the item will be removed from the Consent Calendar and considered in its normal sequence on the agenda. Minute Approval 1. Recycling Committee Meeting - April 13, 1999 Approve 2. Investment Oversight Committee Meeting -.April 15, 1999 Approve 3. Regular Meeting - April 15, 1999 Approve Reports Manager's Reports 4. Occupancy Report and payment to Costa Mesa Disposal Approve for trash collection services for May 1999 5. Refunds Approve 6. Recycling Reports (a) Waste Diversion Report - April 1999 Receive and File (b) Contract Payment to CR Transfer for recycling Approve services and disposal for April 1999 COSTA MESA SANITARY DISTRICT May 13, 1999 AGENDA Page 2 RECOMMENDED ACTION Engineer's Reports 7. Project Status Report Receive and File Treasurer's Reports 8. Financial Report as of April 30, 1999 Receive and File 9. Report of Monies on Deposit as of April 30, 1999 Receive and File i` 10. Warrant Register for May 19 9 in the amount of $472,355.58 Approve Payment '`Q7A-eA tb �5�v�t n4a� --- - - - - -- --------------------------- - - - - -- -END OF CONSENT CALENDAR--------------------------------------- - - - - -- VI. WRITTEN COMMUNICATIONS VII. PUBLIC COMMENTS VIII. MANAGER'S REPORTS A. Recycling Committee 1. Standardized Containers a) Mid Program Survey Results Accept Report t�ev«d fi� �b) Pilot Program Timeline �,9 y _ Accept Report � r 2. Costa Mesa Disposal Contribution Toward Recycling Programs a) Public Education Fund Review Funding Requirements b) Household Hazardous Waste Residential Pickup Program Review Funding Requirements 3. City of Costa Mesa a) Waste Hauler Meeting - "Good Faith" Effort Accept Report B. Source Reduction and Recycling Element AB939 1. Update on Activities a) Anti- Scavenging and Screening of Trash Containers Enforcement Reports (1) Police Report Accept Report COSTA MESA SANITARY DISTRICT AGENDA -�, � � t Ff- May 13, 1999 Page 3 RECOMMENDED ZV-U ACTION (2) District Ordinance Enforcement Officer Report Accept Report (3) District Participation Neighborhood Enhancement Approve Ttte``--a m (NET) n� C. Board Education Program J qu4✓l CR 1. Special District nstitute Sbminar - Board Member. Leadership II Accept Report "Emphasis in Finance" - April 29 -May 1, 1999 - Palm Springs D. CR fer _ UP i_ � � Cpl > 1. Update on 66%N-version- _ Accept Report V E. Mini - Telephone Book Recycling Program— Accept Report -- had 1-s- - 3-,,- - O IX. ENGINEER'S REPORTS v A. Project 160 - Fairview Park Sewer -- rnov I 1. Change Order No. 2 For Information B. Project 163 - Upgrade Emergency Response Equipment Award Bid C. Agreement with County for Adjusting Manholes to Grade (Mesa Drive, Willow Lane Bay, Farm Place, etc.) 1. Agreement D99 -304 Execute Agreement 2. Deposit of $2,450 for Adjusting Manholes — rhrjve_ 4z.� D. 1890 Newport Boulevard - Borders Books _ 1. Accept New Sewer Easements ✓ 2. Vacate Old Sewer Easements. a. Resolution No. 99 -617 — ffFyd \J�2-� b. Resolution No. 99 -618 , 6P PvvV_e, Q E. William Lyon Homes - Northwest Corner of Fairview and Adams 1. File Notice of Completion - "o_� / A- -P Yd Approve Accept rant Adopt Resolution Adopt Resolution Authorize Signatures COSTA MESA SANITARY DISTRICT May 13, 1999 AGENDA Page 4 t U XI 2. Exonerate Faithful Performance Bond and Labor and Materials Bond TREASURER'S REPORTS A. Orange County Bankruptcy RECOMMENDED ACTION Authorize Accept Report B. Cancellation of Supplemental Tax Apportionment by County Accept Report 2210"'e- e- - m o v t -L S 6-1 1-4t v �-n ^,Sc Cbi c ^%y 9 /1 4 C. 1997 -98 County IWMD Report on Landfills Accept Report D. 1999 -2000 District Budget 111 3 D r v TTO R ,�" �t �Gc r` r 1S A Revise Bidding Limit on Public Works Projects 1. Ordinance No. 31 Increasing the Bidding Limit for Public Works Projects and Amending the Operations Code B. Agreement for Emergency Services 1. Mike Kilbride, Ltd. XII. LOCAL MEETINGS A. Independent Special Districts of Orange County 1. Quarterly Meeting - April 29, 1999 --- (JP-Ws n 1b B. Local Agency Formation Commission (LAFCO) ✓,C. Costa Mesa Chamber of Commerce Legislation Committee D. Orange County Sanitation District 1. Regular Meeting of April 28, 1999 2. Annual Legislators' Day - June 25, 1999 6-ntenance E. Newport -Mesa Uned School District & Operations and Ware Disposal Co. Wood Waste Recycling Demonstration - April 28, 1999 — I a,5 f_ 61 c Set Date for Study Session (Adopt Ordinance Approve Agreement Accept Report Accept Report Accept Report Accept Report Consider Attendance Accept Report COSTA MESA SANITARY DISTRICT May 13, 1999 AGENDA Page 5 r RECOMMENDED ACTION X111. OLD BUSINESS — XIV. NEW BUSINESS A. Trash Collection Agreement Between City of Orange and For Information USA of California"' B. Director - Related Seminars — 1. CMSD 1998 -99 Budget — Review TkPvved 2. Mileage Reimbursement Rate for Use of Personal Vehicle S Consider Increase LA-Per—'Lo- ttx_ r4.kc +. .315 Per 1�t IQ M LS TV 4ve,( e �5 — Re se -L at L. 3. Breakfast Briefing Sponsored by Reiter Lowry Consultants Consider Attendance Friday, May 14, 1999 - Indian Wells XV. ORAL COMMUNICATIONS XVI. ADJOURNMENT .J Phone (714) 754 -5043 Costa �San] ,� fit; � r ", District April 13, 1999 Fax Board of Directors (714) 432 -1436 Costa Mesa Sanitary District P.O. Box 1200 Costa Mesa, CA 92628 Mailing Address P. O. Box 1200 Costa Mesa, CA 92628 -1200 r� Street Address 77 Fair Drive Costa Mesa, CA 92626 -6520 Board of Directors Art Perry Arlene Schafer Greg fVoodside James Ferryman Dan Worthington • Printed on Recycled Paper RE: VACATING OLD SEWER EASEMENTS, ACCEPTANCE OF NEW EASEMENTS, BORDERS BOOKS, 1890 NEWPORT BLVD. Dear Board of Directors: Attached for Board consideration is acceptance of a grant of new sewer easements along with two easement vacation resolutions to vacate old sewer easements over the Borders Books property at 1890 Newport Blvd., Costa Mesa. The new Borders Books building caused the existing CMSD sewer line and easement traversing the property to be relocated. The relocation is complete and was done at no cost to the District. Staff recommends acceptance of the new easements and adopting the resolutions vacating the old easements. S' cerely, r' j Robin B. Flamers Manager/District Engineer Exempt recording requested pursuant to Government Code Section 6103 by the Costa Mesa Sanitary District When recorded, mail to: Costa Mesa Sanitary District Joan Revak Clerk of the District Post Office Box 1200 Costa Mesa, CA 92628 -1200 RESOLUTION NO. 99 -617 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT, COSTA MESA, CALIFORNIA, ORDERING THE VACATION OF SEWER EASEMENTS WHEREAS, the relocation of a portion of the District's sewer system is necessary due to the construction of a new building at 1890 Newport Blvd., Costa Mesa; and WHEREAS, the Board of Directors of the Costa Mesa Sanitary District has determined that the hereinafter described sewer easements are unnecessary due to relocation of a portion of the sewer system and dedication of new sewer easements; and WHEREAS, the District is also being granted new easements over the portion of the sewer system that will remain in its original location; and WHEREAS, the newly granted easements in their entirety will cover the entire sewer system consisting of the relocated portion and the portion remaining in its original location; NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT DOES HEREBY RESOLVE AS FOLLOWS: 1. Said public service sewer easements shall be vacated pursuant to the provisions of Section 8333 et seq. of the Streets and Highways Code of the State of California. 2. The description of the easements to be vacated is as follows: a) That 10 foot wide easement for sewer line purposes over a portion of Lot 161 of Newport Heights, Book 4, page 83, Miscellaneous Maps, records of Orange County, granted by the Griffith Company to the Costa Mesa Sanitary District on July 23, 1951. 3. The easements to be vacated have been superseded by relocation and dedication of new easements, and there are no other District public facilities located within the easement. 4. From the date this resolution is recorded the public service sewer easements no longer constitutes a public service sewer easement. 5. The clerk shall cause a certified copy of this resolution to be recorded in the office of the Orange County Recorder. • • f -, ,e '4 PASSED AND ADOPTED this Secretary of the Board of Directors of the Costa Mesa Sanitary District • • day of May 1999. President of the Board of Directors of the Costa Mesa Sanitary District b • Exempt recording requested pursuant to Government Code Section 6103 by the Costa Mesa Sanitary District When recorded, mail to: Costa Mesa Sanitary District Joan Revak Clerk of the District Post Office Box 1200 Costa Mesa, CA 92628 -1200 RESOLUTION NO. 99 -618 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT, COSTA MESA, CALIFORNIA, ORDERING THE VACATION OF THE DISTRICT'S INTEREST IN AN EASEMENT FOR PUBLIC UTILITIES WHEREAS, the relocation of a portion of the District's sewer system is necessary due to the construction of a new building at 1890 Newport Blvd., Costa Mesa; and WHEREAS, the Board of Directors of the Costa Mesa Sanitary District has determined that the hereinafter described public utility easements are unnecessary for sewer purposes due to relocation of a portion of the sewer system and dedication of new sewer easements; and WHEREAS, the District is also being granted new easements over the portion of the sewer system that will remain in its original location; and WHEREAS, the newly granted easements in their entirety will cover the entire sewer system consisting of the relocated portion and the portion remaining in its original location; and WHEREAS, the dedication of new sewer easements will alleviate the need for the existing public utility easements to be used for sewer purposes; and WHEREAS, this resolution will not affect the location or use of the public utility easement by owners of other public utilities; NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT DOES HEREBY RESOLVE AS FOLLOWS: 1. The District's interest in the easement for public utilities shall be vacated pursuant to the provisions of Section 8333 et seq. of the Streets and Highways Code of the State of California. 2. The description of the easements to be vacated is as follows: a) That 12 foot wide easement for public utilities over a portion of Lot 13, Tract No. 3229 in the City of Costa Mesa, County of Orange, State of California as shown on a map thereof recorded in Book 100, page 12, Miscellaneous Maps, records of Orange County. 0 3. The easements to be vacated have been superseded by relocation and dedication of new easements and there are no other District public facilities located within the easement. 4. From the date this resolutions recorded the easement for public utilities no longer constitutes a public service sewer easement. 5. The clerk shall cause a certified copy of this resolution to be recorded in the office of the Orange County Recorder PASSED AND ADOPTED this day of May 1999. Secretary of the Board of Directors of the Costa Mesa Sanitary District • • President of the Board of Directors of the Costa Mesa Sanitary District Recording Requested by COSTA MESA SANITARY DISTRICT e When Recorded Mail to: ! COSTA MESA SANITARY DISTRICT • P.O. BOX 1200 COSTA MESA, CALIFORNIA 92628 -1200 Mail Tax Statements to: COSTA MESA SANITARY DISTRICT P.O. BOX 1200 COSTA MESA, CALIFORNIA 92628 -1200 A.P. No. Deed No. TRA EASEMENT DEED R/W No. Location: Exempt Recording Requested per Government Code 6103 THE UNDERSIGNED DECLARE(S) DOCUMENTARY TRANSFER TAX IS NONE. GOVERNMENTAL AGENCY EXEMPT COSTA MESA SANITARY DISTRICT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, BW Associates /International Centre, a LP, LLP and Ta Trung Nguyen and Lien Le, husband and wife grant(s) and convey(s) to the COSTA MESA SANITARY DISTRICT a perpetual easement and right of way for sewer and maintenance purposes in, on, under, across and through all that real property situated in the City of Costa Mesa, County of Orange, State of California, described as shown on the attached Exhibit "A ". All as more particularly shown on the map attached hereto and made a part hereof, labeled Exhibit "B ". Dated: C(p By: BW Asso ' /International Centre a LP LLP Nam,- Seg al Title: General Partner Name: Title: By: Ta Trung Nguyen and Lien Le Name: TaTrung Nguyen Title: Owner Name: Lien Le Title: Owner CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT Stale of -. - -- - 11 r — County of On •- I • r e m Dale Name and Title of G&c . er (e.g..'Jane Notary Public ) U If pet nally appeared r Narno(s) of Signer(s) personally known to me – OR – i proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, SHARON L. SHARP executed the instrument. COMM. 1075409 FUBLIC - CALIFORNIA r ' ES COUNTY ' M, Cwnmfs;i;;r. Expires Oct 15 1999 S my of Notary yr I Iv%E}�. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Individual Corporate Officer Title(s): Partner — -' Limited C General 'Attorney -in -Fact Trustee Guardian or Conservator Other: Top of thumb here Signer Is Representing Number of Pages: Signer's Name: f 1 Individual U Corporate Officer Title(s): 11 Partner — I- ' Limited ❑ General Attorney -in -Fact U Trustee O Guardian or Conservator ❑ Other: Top of thumb here Signer Is Representing: II I (q) t 595 National Notary Association • 8236 Remmet Ave- P.O. Box 7184 • Canoga Park, CA 91309-7184 Prtm No. 5907 Reorder: Call Toll -Free 1- 800.876 -6827 EM EXIBIT "A" LEGAL DESCRIPTION FOR SEWER EASEMENT ALL THAT CERTAIN LAND SITUATED IN THE CITY OF COSTA MESA, COUNTY OF ORANGE, STATE OF CALIFORNIA. PARCEL "A" THAT PORTION OF PARCELS 1 AND 2 OF LOT LINE ADJUSTMENT NO. LL97 -008 RECORDED BY INSTRUMENT NO. 19970676102 OF OFFICIAL RECORDS OF SAID COUNTY OF ORANGE BEING A STRIP OF LAND 10.00 FEET WIDE, 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE NORTHWESTERLY TERMINUS OF THAT CERTAIN PARCEL LINE OF SAID PARCEL 1 HAVING A BEARING AND DISTANCE OF "NORTH 50 010'55" WEST 312.93 FEET", AS SHOWN ON SAID LL97 -008; THENCE ALONG SAID PARCEL LINE SOUTH 50 °10'11" EAST 8.02 FEET TO THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID PARCEL LINE NORTH 39 047'43" EAST 48.78 FEET; THENCE SOUTH 50 027'53" EAST 60.94 FEET; THENCE NORTH 39 °48'39" EAST 86.89 FEET TO A POINT REFERRED HEREINAFTER AS POINT "A "; THENCE SOUTH 50 °15'47" EAST 265.77 FEET; THENCE NORTH 39 °48'45" EAST 99.45 FEET TO THE NORTHERLY PARCEL LINE OF PARCEL 2 OF SAID LL97 -008 HAVING A BEARING AND DISTANCE OF NORTH 53 014'16" WEST 50.89 FEET, SAID POINT BEING DISTANT 3.78 FEET SOUTHEASTERLY FROM THE NORTHEASTERLY CORNER OF SAID PARCEL 2. THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED SO AS TO TERMINATE ON SAID PARCEL LINE. PARCEL "B" THAT PORTION OF PARCEL 1 OF LOT LINE ADJUSTMENT NO.LL97 -008 RECORDED BY INSTRUMENT NO.19970676102 OF OFFICIAL RECORDS OF SAID COUNTY OF ORANGE BEING A STRIP OF LAND 10.00 FEET WIDE, 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT POINT "A" HEREINABOVE DESCRIBED IN PARCEL "A "; THENCE NORTH 39 048'39" EAST 91.15 FEET TO A POINT REFERRED HEREINAFTER AS POINT "B ". EXCEPTING THEREFROM THAT PORTION OF LAND LYING WITHIN HEREINABOVE DESCRIBED PARCEL "A ". HAProject Folders NB \Borders Costa Mesa \CM - survey- sewer.PM -sdh 1 • • 4 • • N ;f PARCEL "C" THAT PORTION OF PARCEL 1 OF LOT LINE ADJUSTMENT NO. LL97 -008 RECORDED BY INSTRUMENT NO. 19970676102 OF OFFICIAL RECORDS OF SAID COUNTY OF ORANGE BEING A STRIP OF LAND 8.00 FEET WIDE, 5.00 FEET SOUTHWESTERLY AND 3.00 FEET NORTHEASTERLY OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT POINT "B" HEREINABOVE DESCRIBED IN PARCEL "B "; THENCE NORTH 50 011'10" WEST 69.01 FEET, SAID POINT BEING 3.00 FEET SOUTHWESTERLY MEASURED AT RIGHT ANGLES FROM THE NORTHWESTERLY TERMINUS OF THAT CERTAIN NORTHERLY PARCEL LINE OF SAID PARCEL 1 HAVING A BEARING AND DISTANCE OF NORTH 50 011'10" WEST 228.77 FEET. EXCEPTING THEREFROM THAT PORTION OF LAND LYING WITHIN HEREINABOVE DESCRIBED PARCEL "B ". PATRICK RAY Im_ o W wv I HAProject Folders NB \Borders Costa Mesa \CM - survey- sewer.PM -sdh w EXHIBIT "B" SEWER EASEMENT q NEWPORT BLVD. N39'47'43 "E _ 330_10' _ - - o� N39'47'43'E �. 79.23' F L8 I I I I I L3 1� I I I 70' P.O.B. _ J N39'47 3 "E CA ._._ .. ,c 1.00' I PCL A o O I J � to L1 .00 - 1 N50'27'53 "W 1 11 60.94' o �, 5,3 N39'47' 3 "E `O 100' CIJRVF TARI F CURVE DELTA RADIUS LENGTH TANGENT C1 93'03'01" 18.00' 29.23' 18.98' C2 90'00'20" 15.00' 23.56' 15.00' C3 04'29'12" 690.00' 54.03' 27.03' T.P.0.13L N39'48'39 "E 178.04' J 8 PARCEL 00 PCL AI 1 1 — — I 30' 86.89' 91.15' 0 + co I •P� I PARCEL N I� 40 (0 N ,B, 70 I(i� 1� 1 Q I 3 M 5' S z 1 I 3 � 3 ARCEL 1 0 3 3 �) I O � r` I - Z o0 `" Ln 10' og N? 1 Z I .n cd ° (� I N39_48'45 'E 153.15' Z ^ 1 \ 82.44' 1 �I I 16.84' N39'48 45 "E cli 39'48'45 "E ao � 99.45 z I I C 1 ~' II 1 C2 N39'48'45 E o 205.33' M -W3-T48-T4 5 E 33015 FULLERTON AVENUE i SCALE: 1" = 100' COURSE TABLE LINE BEARING DISTANCE L1 N3947'43 "E 55.68' L2 N5011'10 "W 140.15' L3 N39'47'43 "E 4.80' L4 N50'11'10 "W 48.85' L5 N50- 11'10 "W 50.00' L6 N5011'10 "W 69.01' L7 N74'38'39 "E 36.84' L8 N3947'43 "E 67.65' L9 N50'11'10'W 14.00' L10 N50'11'10 "W 49.97' L11 N39'47'43 "E 48.78' 4 LAND PATRICK �o RAY ?' MERCADO * Exp. 12/31 /98 N0. 6382 �.� ICK R. D U--j EKNEngineers / Planners / Surveyors 4885 AAACARTHUR COURT, SUITE 200, NEWPORT BEACH, CA 92660 DATE: 04/27/98 Frrcrnnvc, rmc. (714)2631925 FAX(714)263-1927 • PLEASE COMPLETE THIS INFORMATION EXEMPT RECORDING REQUESTED PURSUANT TO SECTION 6103, GOVERNMENT CODE AND WHEN RECORDED MAIL TO: Joan Revak Clerk of the District P. O. Box 1200 Costa Mesa, CA 92628 -1200 THIS SPACE FOR RECORDER'S USE ONLY NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is owner of the interest of estate stated below in the property hereinafter described. • 2. The full name of the undersigned is COSTA MESA SANITARY DISTRICT 3. The full address of the undersigned is 77 Fair Drive, Costa Mesa, California 92626. 4. The nature of the title of the undersigned is owner of sanitary sewer structures and easement as said easement is shown on Instrument No. 19990225153, Orange County 5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: None 6. The names of the predecessors in interest of the undersigned if the property was transferred subsequent to the commencement of the work of improvement herein referred to: Lyon Mesa Community Association 7. A work of improvement on the property hereinafter described was completed on or around • . March 1, 1999. 8. The name of the contractor, if any, for such work of improvement was William Lyon Homes, Inc. 4490 Von Karman Avenue Newport Beach, CA 92660 -2008 • 9. The property of which said work of improvement was completed and is in the County of Orange, State of California, and is described as follows: TRACT NO. 15570, M. M. 768/22 -23, ORANGE COUNTY. 10. The street address of said property is: 2865 Fairview Road, Costa Mesa, California DATED this day of , 19 ATTEST: GREG WOODSIDE, SECRETARY STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS CITY OF COSTA MESA ) COSTA MESA SANITARY DISTRICT ARTHUR R. PERRY, PRESIDENT • The undersigned, being duly sworn says: That he is the President of the Costa Mesa Sanitary District; that he has read the foregoing instrument, and knows the content thereof, and that the facts stated therein are true, and that he makes this certification by authorization granted by the Board of Directors of the Costa Mesa Sanitary District. ARTHUR R. PERRY, PRESIDENT SUBSCRIBED AND SWORN TO BEFORE ME ON 19 Notary Public in and for said County and State • C J U • COSTA MESA SANITARY DISTRICT Bond #3SM91336000 FArr"OL P'EMRMANCE BOND Premium: $432 TERM FU/2 y E FIRST TERM PREMIUM FULLY EARNED m, WILLIAM LYON HOMES, INC. (hereinafter "Principal') Is bowid to complete all sewer and related immyernents as required in the City of Costa Man's Se er Improvements -tr ��I5570 Lyon Mesa . 1nCll�dltlg codditiotts Of apprOvisls for 2 $� the C44u Mesa Sanitary District (b%Wnaftr - mict7 as required therein and in ft District's ordinssjces, resolub= and policies (herdnaftrr oolleetivaly referred to as the 'sewer obligago� "). ,WheeW, Yid Ptiaoipal is mquired to furnish a bvod ibr the faithful perfor"MAWO of said wwar gboW,t 11L AMERICAN MOTORISTS INSURANCE COMPANY Now, , We, the Principal and SUMy, = held and fttzttly bound unto the Distria in the pant sum of FORT= THREE THOUSAND TWO HUNDRED FORTY AND No/ 100ths - - - - -- (S 43, 240.00 1 law-w mawy of the United:States, fetus the payment of which SUM Well And truly to be made, WebbW ourselves, our heirs, *=esxrs, etecuton and administrators, jointly and severally, firmly by these presenn. Tits conditions of this obligation is such that if the above bounded principal, his or its hairs, eaeeutom administrators, succcssorz or assigns, shad in all things stand to and abide, by and v* and ttraly beep and perform the sewer obligations descr*ed above and any altWOOn therat made su dwein provided, on his or their part, to be kqA and performed at the time and in the nranr>ar dwrdn specified, and in all ts aowrding to their true intent and avatttingI and shi#11 Memrdfy and save harmless District, its officers, agatts aid employees, then this obliptim Shan become null and void; otherwise it shall be and remain in full kace and ePfecL :As a part of die obliaa km- secured hereby and in addition to the face amoant apeWW therefor, there shall be included costs and reasonable expanses and tees, including reasonable attocrrey's fees, incurred by District in successfully cnforcing such obliphon, ail to be raged ss costs and included w any judgment re W&W. 'lie Surety hereby stipulates and agrees that no change, extension of time, alU WIli n or addition to the armor obligations or to the work to be performed dm=dw or the specifications accompmtyiaj the same shall is anywise affect its obliptioe on this bond, and it does hereby waive Rod" of any such change, extension of time, alteration or addition to the terms of the agmemeent er to the work or to the specifications. In wittmss whereof, this instrument has been duly executed by the principal and surety above tamed out March 31. 19 9 $.,_. PRINCIPAL WILLIAM LYON HOMES, INC. BY. Tiu- THOMAS J. MITCHEL!±FIES0ENT 500Trtf -RQ CRUI FDRNI A tivrsIoo SURETY AMERICAN MOTORISTS INSURANCE COMPArIY ICTORIA M CAMPBELL 'title: ATTORNEY -IN -FACT (Note: Signatum must be notarized. corporate seals affixed, and an origiW power of attoatiey provided.) 4_ei� COSTA M SA SANITARY DISTRICT Bond #3SM91333600 LABOR AND ?"T'ERALS BOND Premium included in Performan bond W��t�] WILLIAM LYON HOMES, INC.�� •prip�•) is bound to Co ete alj Sower and related i vemants as fequired .in the City of Costa Meat's �m ever Improvements -Tr ��"15570 Lyon Mesa including apw,ot� for 7 R F C i ry i ant conditions of the Costa Mcsa Sanitary District (hereinafter "District') as nsquired therein and in the District's ordinances, resolutions and policies (hereinafter collectively fefez., to as the "sewn; obligations') Whersss, Principal is requited before entering upon the pezfo: is ance of the work, to file a good and sutxtciont payment bond with the District to secure the d,afms to which reffi=e is made in Title 15 (caamenccing with Section 3092) of part 4 of Division 3 of the Civil Code of the State of California. 'Now, dm dm, said Principal and the undenigtied at corporate surety, are had firmly bound unto the District and all contractors, subcontractors, laborers, materialmen and other persons employed is the perfornum of the aforesaid ewer obligations and teferrvd to in the aforesaid Code of Civil Procedure in the sum of FORTY T_ H� REE THOS USA D TWO HUNDRED FORTY .AND No/ 100ths dollar ($ 43,` 240.0 0), for mawrials furnished or labor thetnoni of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not eccc o dins the amount herein above am forth, and also in cane suit is brought upon this band, will pay, in addition to the fac# amount thereof, costs and reasonable expenses and fees, Includin: reasotwWc attonney's fees, incurred by the District in successfully enforcing such obligation, to be awarded and fated by ttx court, and to be tasted as costs and to be included in the judgment therein retfdered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all perms, companies and corporations entitled to fate claims under Title 13 (commencing with Section 3082) of Pact 4 of Division 3 of the Civil Corte, so as to aivv a right of action to dwn of their assigns in any wit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shaft become null and void, othwwise it shall be and remain in full force and effect. The suMv hereby stipulates and agrees that no ctmge, extension of time, alteration or addition to the terms of said sewer obligations or the specficatians accompanying the sane shall in any mamser4affoct its obligstion'Qrt this bond. and it does hereby waive notice of any Rch change; extension of time, alteration ,addition. In wimess whereof, this instrurneilt, has been duly executed by the principal and surety above tarried on March 31, , 19_18 PRINCIPAL SURETY WILLIAM LYON HOMES, INC. AMERICAN MOTORISTS INSURANCE Cn12ANY BY: 1 BY: VICTORIA M CAMPBELL ,ritfeTHOMASJ. MITCHELLPRES +DENT Tide: ATTORNEY- IN-FACT 5001 - ,erN Cal ��iovA � L'w i sioo (Note: SlZ.n Mm4 must be notarized, corporate seals affixed, and an original power of attorney pruvided.) C] • MTFIL P. 07 • j`i ° Y April 2, 1999 Y OF NGE EGRATED WASTE MANAGEMENT DEPARTMENT 320 N. Flower Street, Suite 400 Santa Ana, California, 92703 (714) 834 -4000 FAX (714) 834 -4001 IWMD ANNUAL FINANCIAL REPORT FISCAL YEAR END JUNE 30, 1998 EXECUTIVE SUMMARY VICKI L. WILSON Director The Integrated Waste Management Department (IWMD) submits its Annual Financial Report (the Report) to the participants and parties to the Waste Disposal Agreements as approved by the Board of Supervisors an d put into effect on July 1, 1997. The Report is in conformance with requirements of those agreements and presents the System's financial status for fiscal year (FY) 97/98 and a summary of the updated IWMD 15 -Year Financial Plan. As of June 30, 1998, the IWMD operation of the Orange County Landfill System under the Waste Disposal Agreements continues to be an operational and financial success. The successful results serve to confirm the on -going effectiveness of our partnership with the cities of Orange County that was established to maintain public ownership and stewardship of the System for the residents and businesses of Orange County. The Report provides detail information on the year's financial status and the System's long -term financial forecast. However, for this summary I want to underscore some of the key highlights and achievements in FY 97/98 and emphasize some significant System financial strengths detailed in the updated 15 -Year Financial Plan. Highlights of Fiscal Year 97/98 • The $22.00 gate fee for all parties to the Waste Disposal Agreements was maintained throughout the year. • In County and imported waste tonnage exceeded FY 96/97 totals by 577,977 tons (a 21% increase) and 161,219 tons (a 17% increase), respectively. 0 Net income increased by 20% (approximately $5.0 million) over FY 96/97. • System balances in available cash funds increased approximately $600,000 during FY 97/98, despite the setting aside of over $16 million into a rate stabilization fund. • Contributions of $3.4 million were made to System escrow funds during FY 97/98. • • $10.5 million in importation revenue was transferred to the County General Fund. I`VMD Annual Financial Report Executive Summary Page 2 • Also during FY 97/98, we commenced our strategic planning initiative RELOOC (Regional Landfill Options for Orange County) that will, when completed, present options and policy issues for providing additional capacity in the System. This study is expected to be completed in the Year 2001 and will assist all parties to the Waste Disposal Agreements in evaluating the long -term disposal requirements of the System. IWIVID 15 -Year Financial Plan Our update of the IWMD 15 -Year Financial Plan illustrates a stronger System financial position than the previous 15 -Year Financial Plan. The System's changed financial outlook is the result of a deliberative review and refinement by IWMD of previous tonnage, revenue, operating and expenditure assumptions. The following are key features that are representative of the strength of the System during the 15 year period covered by the Financial Plan. • Revenue and expenditure projections are based on recently updated, best available data. • A strong cash position is maintained to provide stability for all aspects of the System. • Projected revenues are sufficient to support planned activities without utilizing reserve funds. • • Environmental, Closure and Post Closure Reserves are adequately funded. • Series 1997 Bonds debt ratios coverage is maintained as required by Bonds covenants. • The $22 per ton gate fee can be maintained throughout the term of the Waste Disposal Agreements and beyond without an adverse effect on system capacity or operations. I look forward to continuing our successful partnership and achieving the goals and objectives we have set forth for the System. I encourage those of you who have any questions with respect to the Report to call my staff or me. Sincerely, CP Vicki L. Wilson n U 0 • r: 7t - Save the Date - P6 &joa ta ox Jua 25-1 hom 8:30 -11.30 AM ai &OftyeCa S�Do t Bowel &f DW&V kaetd... & 0 Cry 44kaf h4a&K, & Boad W4mfkv, and & mg&U aid Ay coin W o" 23 4mw arm cau . to di4Cu� uA�FlrS�iP.d rwa�rages+at',ic�i6�ued at & Oral& Canty A6& 4ot & date.. . Iff" Tadlm (714) 593 -7120 ,;IN F U S.PUSiAUGE ° MAY -3'99 �i �i q 10.20 C-40 ' E -METER 67314521 Arthur Perry, President Costa Mesa Sanitary District - 77 Fair Drive P.O. Box 1200 Costa Mesa, CA 92628 -1200 iL,1 1,11I8II,,,11,11";1..I Aild. III ... if ... if" IIfIII IIIIf MP99 -043 oytw MF9 COSTA MESA SANITARY DISTRICT DEPARTMENT OF FINANCE C F ACE INTEROFFICE MEMORANDUM DIRECTOR of NN ~COQ ^oam[o Aya TO: SANITARY DISTRICT BOARDMEMBERS FROM: MARC R. PUCKETT, DIRECTOR OF FINANCE DATE: I MAY 13, 1999 SUBJECT: CANCELLATION OF SUPPLEMENTAL TAXAPPORTIONMENT DATED MARCH 18,1999 On March 25`h, I received notice from the County Controllers' office that the supplemental'tax apportionment scheduled to be paid on March 18`h had been canceled. The reason stated in the notice (copy attached) was that the County needed the funds to pay /finance $1.14 million of negative supplemental assessments which were issued in late March, 1999. The notice further indicated that the balance of February's collections were to be included in April's apportionment. The total amount of Sanitary District tax apportionment funds withheld were $309.40. A copy of the apportionment report for the month of April is attached. There is language in the state tax law which requires, "distributions to be made on a timely basis but no later than 30 calendar days after the close of the preceding monthly or four - weekly accounting period." There does not appear to be authority existing within the state tax law which permits withholding of the apportionment payments. However, I have referred the matter to the City Attorney for his further review to determine if, in fact, any authority exists which authorizes. the County to withhold tax collections longer than 30 days. In addition, I spoke with Neil Gruber of the County Controller's Office. He acknowledged that there is a law covering the distribution of tax collections and appeared to be very familiar with the language. Further, he stated that the County had sent out an apportionment schedule which outlined that the apportionment payment schedule may be changed. The memo (copy attached) stated that, "any substantial deviation from past collection experience would necessarily require us to adjust our apportionments accordingly" and "unforeseen problems could cause distribution dates to change." Unforeseen problems which might occur were not defined in any manner. Also, he stated that there was no contract with the City to collect taxes. He further explained that there are six separate funds which tax collections are deposited into. They are current secured, current unsecured, delinquent secured, delinquent unsecured, current supplemental, and . delinquent supplemental. He explained that the withholding of March supplemental tax collections was caused by negative supplemental refunds to taxpayers issued in late March. The supplemental tax collections were offset against the negative supplemental refunds to avoid negative cash flow for the month. He underscored that supplemental tax apportionment payments were not canceled, just delayed. He did not provide any statutory citations which authorized this type of an offset. In addition, he stated that other Counties kept all supplemental tax apportionment in a common fund and did not choose to make monthly payments. Again, no legislative authority was proffered for these claims. This incident, although not material to the Sanitary District in terms of the amount of money involved, is a cause for concern whenever it appears that actions were taken which may not have been legally authorized. Once an opinion is received from the City Attorney's office, the Board will be updated regarding final disposition of this matter. 1; �,4� <! j 9 7Z"- MA R. PUCKETT Director of Finance Attachments 99 MAR 7 Aj410: 05 A AUDITOR - CONTROLLER DAVID E. SUNDSTROM, CPA AUDITOR - CONTROLLER Hall Of Finance & Records 12 Civic Center Plaza P.O. Box 567 Santa Ana, California 92702 -0567 (714) 834 -2450 FAX: (714) 834 -2569 March 22, 1999 TO: All Taxing Agencies Finance Directors SUBJECT: Cancellation of Supplemental Tax Apportionment Dated March 18, 1999 We regrettably need to inform you that the supplemental tax apportionment of February 1999 collections dated March 18, 1999 has been canceled. The February tax collections-of $1.90 million are needed to pay /finance $1.14 million of negative supplemental assessments which will be issued in late March 1999. The balance of February's collections will be included in April's apportionment. The next supplemental tax apportionment is still on schedule for April 20, 1999. Please contact Neal Gruber or Megan Nguyen of our Tax Unit at (714) 834 -4437 if you have any questions. /-1 David E. Sundstrorn Auditor - Controller NG:mn C:WIy Documents \Typing \Cancelapportmt.doc AC63ElUt FUND/ AGENCY C16 C16 OL1) F UhD UUyJ -U1 0095 -01 C 16 FUNU 1998-99 APPORTIUNMLNT AS OF 04-20-99 SL: ILD SR246 SUPP HULL oltf APPO1tT 1985+ FUNU OLSCRIPTION COSTA MLSA SANITARY UISI-(,L:NERAL FUND S°11 R F F 0 N D S S U B T O T A L , /y f�/ TUiAL �►// TREASURY MANAGEMENt 1, AMOUNT ,1c, 1 _-`� 323.77 �1 14.37- 309.40 309.40+ APR 22 1999/8:36 AM/ +389.48 KPIMI- 1849425 SR246 SUPP ROLL 61H APPORT 1985 PLUS VTY Q F RANGE OFFICE OF AUDITOR- CONTROLLER July 16, 1998 TO: All Taring Agencies in Orange County ATTENTION: Finanec Directors SUBJECT: Property Tax Apportionments - Fiscal Year 1998 -99 STEVEN E. LEWIS AUOsTOA- CONTROLLER FINANCE BUILDING 12 CIVIC CENTEA PLAZA P_ o. Box $07 SAMrA ANA. CA 92702.0507 TELEPHONE: (7141 874.2a50 cAx: 1(714) 034.2909 We are pleased to again advise you of our plan for distribution of tax collections to your agency for the nest fiscal year. This proposed distribution plan is for anticipated tax collections based on historical experience. Any substantial deviation from past collection experience would necessarily require us to adjust our_ ap2ogjionrnej2ts accordingly. Secured and unsecured tax apportionments are apportioned based on actual collections rather than on a percentage advance basis. Tar appottionments are planned for the scheduled dates below; however, unforeseen problems could cause distribution datts to chanee: Secured: All F rids— Teeter and non - Teeter: Estimated Apport Apport Available Actual Amount to Percent of Number Date Date be Apportioned Secured Le yy 1 11 -24-98 11 -25 -98 Collections at 11 -20.98 7%-100/9 2 12 -10 -98 12 -11 -98 Collections at 12 -04 -98 14 % -18% 3 12 -17 -98 12 -18 -98 Collections at 12 -11 -98 200/6-24% 4 01.21 -99 01-22-99- Collections at 01 -15 -99 3%-6% S 03 -75 -99 03 -7b-99 / Cnapetinns at 03.19 -99 5%.7% 6 04 -15 -99 04-16-99-`1 Collections at 04.09 -99 250 -300/6 7 05 -13 -99 1 05-14-99 -1 Collections at 05 -07 -99 3%-5% Final 07 -15 -99 1 07-16-99 z'l Final Collections at Year -cad 1 % -3% Secured Teeter Funds only: Estimated Apport Apport Available Actual A=unt to Perew of Number Date Due be Angorhoned Secured Lev •o W32-20 i 11�t�j�l5yti 14: ,:�4 U 1, HUD 1 I UN UUN I NULLtN y 7 (714ZU4U Taxing Aacncies in Orange County July 16. 1993 Page 2 Prior Year Svctlrcd T uws end Prior Yarn.ecLfCtl Penalcles nnn= (rctCr C md+.nnly; 2 09 -09 -98 09.10 -98 Apport Apport Available Collections I'ur the Nahiber Bale n:uv kin"rh nr 1 0:3- 12.9;1 03.13 -93 Jul 2 09 -09 -98 09.10 -98 August 3 10 -14 -93 10 -15.98 September 4 11 -10.98 11 -12.93 October 5 12 -09.98 12 -10 -93 November 6 01 -13 -99 01 -14 -99 December 7 02.10 -99 — 02 -11 -99 January 8 03 -10.99 03 -11 -99 Febrtua R 04 -14 -99 — 04.15.99 March 30 05 -12.99 05.13.99 Aril 11 1 06.09 -99 06.10.99 Ma 12 07 -20 -99 07 -21.99 June HE] The following schedules apply to both Teeter and non- Teeter funds: Unsecured: Estinuted Apport Apport Available Actual Amount to Percent of WumFfar Date Date he Annortioned Secured Lew 1 09 -23 -98 1 09.24 -98 Collections at 03-31 -93 80% - 85% 2 01.14 -99 01 -15-99 /' Collections at 12 -31 -98 5%_ 109/0 Final"' 1 06 -17 -99 1 06 -18 -99 Colltetionz at 05 -31-99 3%-6% Sate- Assessed Public Utility-Unitary and Operating non - Unitary: Estimated Apport Apport Available Actual Amount to Percent of Number Date Date be Annortioned Secured Lew 1 02.04 -99 02-05 -99 I' InataUrnent Collections 49 1h - 509'0- 2 05 -20 -99 1 05 -21 -99 --' 2nd Installment Collections 49% - 50% Suvoiemental: Apport Apport Number Date Available Actual Amount to Date be Annortioned 1 08 -20 -98 08 -21 -98 Collections for Jul 2 09 -21 -98 09 -22 -98 Collections for August 3 10 -20 -98 10 -21 -98 Collections for September 4 11 -19 -98 11 -20 -98 Collections for October 5 12.21 -98 12 -22 -93 Collections for November 6 01 -20 -99 01.21 -99 — Collections for December 7 02.18 -99 02 -19-99 Collections for lanury 8 03.18 -99 03 -19 -99 — Collections for Febm 9 04 -20.99 04-21-99.— Collections for March 30 05 -20-99 05 -21.99 - Collections for April 11 1 06 -21 -99 06.22 -99 Collections for May 12 07 -19-99 07 -20-99 Collections for law IVU. toI l lrvJJ • Taxing Agencies in Orange County July 16, 1998 Page 3 Delinanent and Pt!nnWC.%7 Apport Apport Available Actual Amount to Number Date Date be A00ortioncd 1 07.21.99 07 -22 -99 07 -01.98 through 06 -30 -99 Collections Prior t car Unst:.c tl; Apport Apport Available Actual Amount to Number Date Date be Aeportjoncd 1 06.17.99 06 -18 -99 06 -01.93 through 05 -31 -99 Collections Homeowners Property Tax Relief: Apport Apport Nurnhm Date Available Actual Amount to l 12 -10-98 12 -11 -98 15% � 2 01.07 -99 01 -08 -99 35% 3 05 -10-99 05 -11 -99 i 35% 4 06 -1099 06 -11.99 — 15% Edtrcztionat Revenue Augmentation Tax Fund (Schools only): Apport Apport Available Number Date Date Estimated Amount to ik AnnnrrinneA 1 12 -14 -98 12 -15 -98 10°Ia - 20% 2 02 -05 -99 02 -08 -99 30% -35% 3 04 -22 -99 04 -23 -99 25%-30% 4 05.22 -99 05 -23 -99 5%'0 - 10% 5 06-14-99 06 -15 -99 1%-S% 6 1 06 -29 -99 06 -30 -99 1 Balance in Fund The amount of each actual apportionment may be estimated by applying the percentage shown to the actual levies for your various funds as shown on the computer listings identified as Secured Tax charge and Homeowners Tax Charge, which will be sent to you as soon as they are available during the fourth week of September. Collection charges, if appropriate, will be deducted from the following apportionments: Secured, Unsecured, Prior Year Secured, Prior Year Secured Penalties, Prior Year Unsecured, Teeter Plan Secured, and Public Utility — Unitary and Operating non - Unitary. For the apportionment dates in the above schedule, payments will be trade by (17T) Electronic Fund Transfer to those agencies who use a depository other than the County Treasury, while a journal voucher transfer will be made by this office crediting the funds of those agencies using the County Treasury as their depository. Taxing Agencies in Orange County July IG, 1998 Pagc 4 lnterest eat'med on nrooerty tax collections arior to annortinnmene is allocatcd and distrihutetl to all taxing agencies. based on calculations by the County Treasurer -Tax Collector at the end of the fiscal year. We hope this schedule will assist you in planning your fiscal program for the year. Please contact Neal Gruber of our Tax Unit at (714) 834 -4437 if you have any questions regarding this schedule. Steven E. Lewis Auditor- Controller NGG:Ir (TaxApprt/ops) cc: John Moorlach, Treasurer -Tax Collector Gary Cowan, Treasurer -Tay Collector Darlene Kataoka, Treasurer -Tax Collector Kim Hanson, Treasurer -Tax Collector Wendy Margarita, Department of Education Richard Serich, Department of Education Cathy Bogs, Department of Education Tom Sacco, County Executive Office Jim McConnell, Auditor - Controller Jan Grimes, Auditor - Controller Bob Leblow, Auditor - Controller Kathy Petmenter, Auditor - Controller Neal Gruber, Auditor - Controller Win Swe, Auditor - Controller Colin Hoffrnaster, Auditor - Controller Patsy Aguirre Auditor - Controller Steve Siemion, Auditor - Controller John Wheeler, Auditor- Controller Pradeep Parikh, Auditor - Controller Sam Brandt, Auditor - Controller 1� • LAW OFFICES OF HARPER & BURNS LLP A LIMITED LIABILITY PARTNERSHIP INCLUDING A PROFESSIONAL CORPORATION 463 S. GLASSELL STREET ALAN R. BURNS ORANGE, CALIFORNIA 92888 RIVERSIDE / SAN BERNARDINO CO. JOHN R. HARPER* (908) 674 -0698 (714) 771 -7728 OF COUNSEL FAX (714) 744 -3360 JUDI A. CURTIN` MICHAEL MONTGOMERY- 'A PROFESSIONAL CORPORATION TO: Honorable President and Members of the Board FROM: District Counsel DATE: May 7, 1999 RE: Amendment of Operations Code for Bid Authority As I advised you earlier this year, the legislature has increased the authority of sanitary districts • to bid public works jobs without going through the formal competitive bid process. The increase takes our limit from $10,000 to $15,000. (Public Contract Code Section 20803) The proposed ordinance will make our Code consistent with state law. Staff recommends that you adopt the proposed amendment. Alan R. Burns District Counsel smo L' 0 ORDINANCE NO. 31 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT INCREASING THE BIDDING LD41T FOR PUBLIC WORKS PROJECTS AND AMENDING THE OPERATIONS CODE WHEREAS, the Board of Directors has established an Operations Code that sets forth the competitive bidding limits for public works projects; and WHEREAS, said limits have mirrored the statutory authority given to sanitary districts in the California Public Contract Code; and WHEREAS, the Operations Code currently provides that public works jobs in excess of $10,000 shall be competitively bid in accordance with Public Contract Code Section 20800; and WHEREAS, Chapter 142 of the 1998 Statutes has now amended Section 20803 to raise the dollar threshold for competitive bids to $15,000; and WHEREAS, the Board of Directors desires to make conforming amendments in the • Operations Code to make the bidding requirement consistent with state law; NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary District does hereby ORDAIN as follows: Section 1. That Section 4.05.010 of the Costa Mesa Sanitary District Operations Code is hereby amended to read: "Section 4.05.010. Competitive Bidding - Public Works. (a) For public works projects in excess of $15,000 in value, the project shall be let to the lowest responsible bidder in accordance with the procedures set forth in Public Contract Code Section 20800 et §gq. (b) In an emergency, the procedures of Public Contract Code Section 20806 and 22050, or any successor statute, shall apply. The District Manager /Engineer is authorized to order emergency work pursuant to Public Contract Code Section 22050 and if such action is ordered, the District Manager /Engineer shall report to the Board at successive regular meetings stating the justification for continuing with the emergency work. • (c) If the project is below $15,000 in value, the purchasing procedures set forth below shall be utilized." Section 2. That page 10 and page 11 of the Operations Code are therefore amended to read as attached hereto as Exhibit Al and A2 and the same shall be inserted in the Operations Code in the place of existing page 10 and page 11. Section 3. Should any part, clause or section of this Ordinance be declared by any Court of competent jurisdiction to be invalid, the remaining provisions of this Ordinance shall nevertheless be and remain in full force and effect and the Board of Directors of the Costa Mesa Sanitary District of Orange County, California, hereby declares that each and every section, clause, provision or part of this Ordinance would have been adopted and made a part of this Ordinance without the adoption of any portion thereof and that the invalidity of any part or provision hereof shall not in any way affect the validity or enforcement of the remaining provisions of this Ordinance that may stand on their own. Section 4. Pursuant to Health and Safety Code Sections 6490 and 6491.3, the Clerk shall cause this ordinance or a summary thereof to be published in a newspaper of general circulation printed and published in the District according to law and it shall take effect upon the expiration of one week after publication. PASSED and ADOPTED this day of Secretary President , 1999. • • 0 Title 4 Chapter 4.01 - Financial Provisions Section 4.01.010. Administration of Funds. Pursuant to the authority of Health and Safety Code Section 6801, the Board has determined to administer its own funds and has done so by Resolution 85 -438. The District's treasurer shall administer, pay out, invest and otherwise be responsible for the handling of District funds. The treasurer shall be authorized to open and maintain accounts in institutional depositories qualifying pursuant to Government Code Sections 53530 through 53683 to administer said funds. Section 4.01.020. Treasurer. The Board shall appoint a treasurer who shall post a fidelity bond in an amount as determined by the Board. The clerk shall ensure that said bond remains on file and is in effect at all times. Said bond may be a master bond. Section 4.01.030. Warrants. In accordance with Health and Safety Code 6794, all warrants shall be approved by a resolution which sets forth the name of the payee, the fund from which paid, and the general purpose of the payment. Section 4.01.040. Signatures. The signature of the Treasurer and President shall both be required on any instrument withdrawing funds from District accounts. A facsimile signature • may be used for such purpose. Section 4.01.050. Assessment Changes. The District Manager or the Assistant District Manager shall be the District's designees and each shall have the authority to make changes, corrections and cancellations on the tax roll with respect to special assessments. • Chapter 4.03 - District Investments Section 4.03.010. District Investment Policy. Pursuant to the provisions of Government Code Section 53630 et se�C . the Board shall adopt an Investment Policy Statement that shall be consistent with State law and the Board's wishes. Said investment policy shall be reviewed annually and approved at an annual meeting. The Board and an oversight committee shall further review the District's investments on at least a quarterly basis. Chapter 4.05 - Competitive Bidding and Purchasing Section 4.05.010. Competitive Bidding - Public Works. (a) For public works projects in excess of $15,000 in value, the project shall be let to the lowest responsible bidder in accordance with the procedures set forth in Public Contract Code Section 20800 et seq. 10 • (b) In an emergency, the procedures of Public Contract Code Section 20806 and 22050, or any successor statute, shall apply. The District Manager /Engineer is authorized to order emergency work pursuant to Public Contract Code Section 22050 and if such action is ordered, the District Manager /Engineer shall report to the Board at successive regular meetings stating the justification for continuing with the emergency work. (c) If the project is below $15,000 in value, the purchasing procedures set forth below shall be utilized. Section 4.05.020. Purchasing and Non Public Works Contracts. The procedures to be followed in purchasing property or for having work performed that is not required to be bid in accordance with the Public Contract Code, shall correspond to the following dollar amounts: (a) Under $2,500 - The Manager shall attempt to obtain the best price for the District but will not be required to competitively bid the contract or purchase. (b) $2,500 to $5,000 - The Manager and Finance Director shall jointly approve the purchase or contract and will together attempt to obtain the best price for the District but will not have to formally bid the job. (c) Over $5,000 - The job shall be competitively bid in a manner that ensures competitive • bidding by qualified bidders and the Board shall make the award. Section 4.05.030. Exceptions. When allowed by state law, exceptions from the competitive bidding regulations shall include sole source procurement, the services of engineers, attorneys and other professionals, and whenever the public's interest may otherwise be served by dispensing with the bidding procedure, provided that the Board shall disclose on the record and in the minutes of the meeting how the public interest was served by foregoing the bidding process. . Section 4.05.040. Signatures. In accordance with the Health and Safety Code Section 6487 all contracts must generally be signed by the President and countersigned by the Secretary. Purchase orders and contracts for purchases and work below $5,000 may be signed by the manager on behalf of the District. Public works contracts below the sum of $10,000 may also be signed by the Manager. Section 4.05.045. Change Orders. The District Manager shall have the authority to approve of a change order to a contract provided that the change order does not exceed the greater of two percent of the total contract sum or ten thousand dollars. All change orders in excess of said limits shall only be approved by the Board of Directors . • 11 CITY OF COSTA MESA DEPARTMENT OF FINANCE J MARC R. PUCKETT INTEROFFICE MEMORANDUM DIRECTOR OF FINANCE TO: SANITARY DISTRICT BOARD OF DIRECTORS FROM: MARC R. PUCKETT, DIRECTOR OF FINANCE DATE: MAY 13, 1999 SUBJECT: AWARD OF FORMAL BID ITEM NO. 1033 FOR THE PURCHASE OF TWO PORTABLE EMERGENCY DIESEL GENERATORS RECOMMENDED ACTION: Award Formal Bid Item No. 1033 to Power Systems Associates, LLC for the supply and delivery of two new portable emergency diesel generators for a total cost of $66,681.08. BACKGROUND: This purchase provides for two trailer mounted portable diesel emergency generators, a new Generac GR190, and a new Generac GR85. As required by the City of Costa Mesa's Code, the Purchasing Supervisor solicited bids from all proposed vendors whose name were on the bidders' list and other vendors who provide diesel generators.' Thirteen prospective bidders were sent bids. A "Notice Inviting Bids" was published in the Daily Pilot and posted on the public bulletin board in City Hall. The bid was also posted on the City of Costa Mesa web site. On April 22, 1999, eight submittals were received, opened and read by the Deputy City Clerk. ANALYSIS: Of the eight bid responses received, one was a no bid and another bid was non responsive since the bid was not submitted on the required City bid document. Of the remaining six bid responses, Power Systems Associates, LLC submitted the lowest responsive and responsible bid. Attachment I provides the Bid Tabulation. FISCAL REVIEW: The total cost of the two new portable diesel emergency generators is $66,681.08. Funding for the generators is budgeted and available in the Sanitary District budget. A total of $88,000 was budgeted for the two generators-�Therefore, a savings of $21,319 in unexpended funds will be returned to fund balance.1 CONCLUSION: It is recommended that the Sanitary District Board of Directors approve the purchase of the two generators. Attachment: Attachment I, Bid Tabulation 0 � �a, C� , /, /z� , ."// MAR R.PUCKETT Director of Finance ATTACHMENT I BID TABULATION - FORMAL BID ITEM NO. 1033 Submitter Generator Bid Total Cost Power Systems Associates, LLC Generac -QAL9.Q $35,972.33 3500 Shepherd Street Generac GR85 $30,708.75 Whittier, CA 90601 $66,681.08 Engine & Equipment 175 KWAC $38,146.73 20321 Susana Road 100 KWAC $32,,770.01 Rancho Dominguez, CA 90221 $70,916.74 Duthie Power Services Generac GR190 $44,940.37 2335 E. Cherry Industrial Circle Generac GR85 $32,272.20 Long Beach, CA 90805 -4416 $77,212.57 (price with 1% 20 disc.) $76,440.44 I.C. Engine & Equipment Service MQ Power DCA 125 $49,235.76 1200 N. Blue Gum MQ Power DCA 60 $33,698.93 Anaheim, CA 92806 $82,934.69 CompuPOWER Systems, Inc. MQ Power DCA 220 SSK $70,777.74. 60 North Central Ave. MQ Power DCA 100 SSJU $43,918.90 Upland, CA 91786 -5655 $114,696.64 I.C. Engine & Equipment Service MQ Power DCA 220 $71,813.55 1200 N. Blue Gum MQ Power DCA 100 $44,106.77 Anaheim, CA 92806 $115,920.32 f v 1•{ I� 1 �• S f. V M 9�IF04� County of Orange Public Facilities & Resources Department John W. Sibley, Director April 21, 1999 Mr. Robin Hamers Costa Mesa Sanitary District P.O. Box 1200 Costa Mesa, CA 92627 Subject: Agreement D99 -034 for Overlay 1998 -99 Contract File: ER20441 Dear Mr. Hamers: Enclosed are two original agreements for the 1998 -99 Overlay project. Per the request of your district, these agreements allow the County's contractor to adjust to grade the existing manholes located within the limits of the proposed street resurfacing. Please request president's signature on the two originals and return them to this office for final is execution by the Orange County Board of Supervisors. After both authorities have signed, a fully executed original agreement will be mailed to you for your files. • If you have any questions concerning this agreement, my telephone number is (714) 834 -6659. If you prefer to contact me through electronic mail, my electronic address is valleaum @pfrd.co.orange.ca.us. Sincerely, Mary Vail u Utilities Section Attachment: Two (2) original agreements LOCATION: MAILING ADDRESS: 300 N. FLOWER ST, FIFTH FLOOR P.O. BOX 4048 SANTA ANA, CALIFORNIA SANTA ANA, CA 92702 -4048 TELEPHONE: (714) 834 -6659 FAX (714) 834.6796 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Agreement D99 -034 AGREEM ENT THIS AGREEMENT, for the purpose of identification hereby is numbered D99 -034 and entered into this day of 1999, is BY AND BETWEEN 0 COUNTY OF ORANGE, hereinafter referred to as " COUNTY" COSTA MESA SANITARY DISTRICT, hereinafter referred to as " OWNER" RECITALS WHEREAS, COUNTY is preparing plans for the "Asphalt Overlay Contract 1998 -99' hereinafter referred to as "PROJECT ", which consists primarily of resurfacing existing streets within the unincorporated County area, some of which lie within OWNER'S service area; and WHEREAS, OWNER maintains a sewer system, including manholes within the area of COUNTY'S PROJECT, and PROJECT will require manhole adjustment to the new street grade; and WHEREAS, OWNER desires COUNTY to perform the adjustment of approximately fourteen (14) manholes (at an estimated cost of $175 each) as part of COUNTY'S PROJECT; and WHEREAS, COUNTY is willing to include this manhole adjustment in its PROJECT at OWNER'S cost. NOW THEREFORE, the parties hereto agree as follows: 1. OWNER shall deposit with COUNTY'S Public Facilities and Resources Department $2,450 a! the estimated cost for said manhole adjustments. Said deposit shall be made within sixty (60) days of execution of this AGREEMENT. 1 C� • _i Agreement D99 -034 1 2. OWNER, prior to commencement of said PROJECT, shall place a paint mark on the curb 2 opposite each manhole to facilitate subsequent locating and adjusting by COUNTY. COUNTY shall 3 not be accountable for failure to adjust unmarked manholes. 4 5 3. COUNTY shall include in PROJECT contract documents "Adjust Manholes" as a bid item, 6 and through its contractor, shall adjust said manholes to grade in accordance with PROJECT 7 contract documents based upon the Standard Specifications for Public Works Construction, 1997 edition. 8 9 4. OWNER shall pay the total cost for adjusting sewer manholes to grade. Total cost will be 10 determined by multiplying the bid item price received for "Adjust Manholes" by the total number of 11 units adjusted, plus 10% for COUNTY inspection and administration. However, to protect OWNER 12 and COUNTY from unbalanced bids, regardless of the amount, OWNER shall be responsible for a bid 13 item price not to exceed $220 but not less than $125. If extra work is required, its cost will be 14 added to total cost. COUNTY'S contractor will only perform extra work after approval by OWNER'S 15 engineer or manager. Said approval will not be unreasonably withheld. 16 17 5. COUNTY shall, upon completion of said PROJECT, prepare and submit to OWNER a Final 18 Cost Accounting Report and Invoice authorized by this AGREEMENT, which will include total 19 number of units adjusted, bid item price, 10% inspection and administration amount, and extra 20 work, if any. If this final cost exceeds the deposit, OWNER shall, within thirty (30) days of receipt 21 of said report and invoice, pay COUNTY the difference; if the final cost is less than the deposit, 22 COUNTY shall, with the report, refund the difference to OWNER 23 24 25 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Agreement D99 -034 IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by their officers thereunto duly authorized on the date written above. Date: I Date: Date: AII;PROVED AS TO FORM: LAURE�j CE M. WATSON COSTA MESA SANITARY DISTRICT By: President By: Secretary COUNTY OF ORANGE By: Chairman of its Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD 3 Darlene J. Bloom Clerk of the Board of Supervisors Orange County, California r� �J • C ��SPgANlTq�`o' yam' 0000° �° �� Costa Mesa ° ` = " Sanitary District yc0'�pORATE�,9a Memorandum TO: BOARD OF DIRECTORS ROB HAMERS, MANAGER/ENGINEER FROM: DAWN SCHMEISSER DATE: MAY 5, 1999 SUBJECT: REQUEST FROM COSTA MESA POLICE DEPARTMENT The Costa Mesa Sanitary District was invited to attend a Neighborhood Enhancement Team (N.E.T.) meeting. The N.E.T. is a City Council objective headed up by the Police Department. The goal of the N.E.T. is to focus on a specific area in the City and to use • any or all departments to improve this targeted area. The improvements include building maintenance (absentee owners), alley improvements, crime prevention, gang activity, removal of trash/debris, lighting conditions, etc. The N.E.T. is requesting the Costa Mesa Sanitary District's input and support. I have attended these meetings on the District's behalf. Lois and I have field checked this area, and found it a complete disaster. Debris everywhere, abandoned cars, alley full of pot holes, etc. On June 19, 1999 this targeted area is schedule for "Clean Up ". A request for donating dumpsters has been brought up from the N.E.T. to the CMSD. This would require 3 yards bins from Costa Mesa Disposal. One of the City's haulers is being requested to supply 40 yard bins in addition to all other departments support. 0 SANIT,-�yo' y� o He NA Costa Mesa Sanitary District w ORATE��w Memorandum To: Board of Directors 1) From: Lois Thompson, Assistant Manager ` Date: May 7, 1999 Re: Mini Phone Book Recycling Program The mini phone book recycling program will be implemented May 25th through June 30, 1999. Collection Process - Drop off Recycling bins for telephone books will be provided at the following Costa Mesa locations: 1. Costa Mesa City Hall, 77 Fair Drive (in front near signal) 2. Orange Coast College Recycling Center, Adams Avenue (between Fairview . and Pinecreek) Also, free pickup will be provided of 100 or more directories at one location. Staff has contacted the fifty largest delivery sites in Costa Mesa and has offered the pickup service. The phone books will be picked up by the District's volunteer interns. The District intends to participate in the closed loop recycling program with PacBell and Daishowa America. Daishowa is again paying $50 per ton for the PacBell phone books. • �y COSTA MESA SANITARY DISTRICT AGENDA SRegular Meeting May 13, 1999 I. CALL TO ORDER - 6:00 p.m. - Conference Room 1 A 11. PLEDGE OF ALLEGIANCE III. INVOCATION IV. ROLL CALL V. CONSENT CALENDAR - All matters listed under the Consent Calendar are considered to be routine and will be enacted in one motion in the form listed below. There will be no separate discussion on these items prior to the time the Board votes on the motion, unless members of the Board, staff, or the public request specific items to be removed from the Consent Calendar for discussion, in which event the item will be removed from the Consent Calendar and considered in its normal sequence on the agenda. Minute Approval 1. Recycling Committee Meeting - April 13, 1999 Approve 2. Investment Oversight Committee Meeting - April 15, 1999 Approve 3. Regular Meeting - April 15, 1999 Approve Reports Manager's Reports 4. Occupancy Report and payment to Costa Mesa Disposal Approve for trash collection services for May 1999 5. Refunds Approve 6. Recycling Reports (a) Waste Diversion Report - April 1999 Receive and File (b) Contract Payment to CR Transfer for recycling Approve services and disposal for April 1999 S -~ COSTA MESA SANITARY DISTRICT May 13, 1999 AGENDA Page 2 • RECOMMENDED ACTION Engineer's Reports 7. Project Status Report Receive and File Treasurer's Reports 8. Financial Report as of April 30, 1999 Receive and File 9. Report of Monies on Deposit as of April 30, 1999 Receive and File 10. Warrant Register for May 1999 in the amount of $472,355.58 Approve Payment -------------------------------------- - - - - -- -END OF CONSENT CALENDAR--------------------------------------- - - - - -- VI. WRITTEN COMMUNICATIONS VII. PUBLIC COMMENTS VIII. MANAGER'S REPORTS A. Recycling Committee • 1. Standardized Containers a) Mid Program Survey Results Accept Report b) Pilot Program Timeline Accept Report 2. Costa Mesa Disposal Contribution Toward Recycling Programs a) Public Education Fund Review Funding Requirements b) Household Hazardous Waste Residential Pickup Program Review Funding Requirements 3. City of Costa Mesa a) Waste Hauler Meeting - "Good Faith" Effort Accept Report B. Source Reduction and Recycling Element AB939 1. Update on Activities • a) Anti - Scavenging and Screening of Trash Containers Enforcement Reports (1) Police Report Accept Report COSTA MESA SANITARY DISTRICT May 13, 1999 AGENDA Page 3 • RECOMMENDED ACTION (2) District Ordinance Enforcement Officer Report Accept Report (3) District Participation Neighborhood Enhancement Approve Team (NET) C. Board Education Program 1. Special District Institute Seminar - Board Member Leadership II Accept Report "Emphasis in Finance" - April 29 -May 1, 1999 - Palm Springs D. CR Transfer 1. Update on 50% Diversion Accept Report E. Mini - Telephone Book Recycling Program Accept Report IX. ENGINEER'S REPORTS A. Project 160 - Fairview Park Sewer 1. Change Order No. 2 For Information B. Project 163 - Upgrade Emergency Response Equipment Award Bid C. Agreement with County for Adjusting Manholes to Grade (Mesa Drive, Willow Lane Bay, Farm Place, etc.) 1. Agreement D99 -304 Execute Agreement 2. Deposit of $2,450 for Adjusting Manholes Approve D. 1890 Newport Boulevard - Borders Books 1. Accept New Sewer Easements Accept Grant 2. Vacate Old Sewer Easements a. Resolution No. 99 -617 Adopt Resolution b. Resolution No. 99 -618 Adopt Resolution E. William Lyon Homes - Northwest Corner of Fairview and Adams • 1. File Notice of Completion Authorize Signatures COSTA MESA SANITARY DISTRICT AGENDA • 2. Exonerate Faithful Performance Bond and Labor and Materials Bond X. TREASURER'S REPORTS A. Orange County Bankruptcy B. Cancellation of Supplemental Tax Apportionment by County C. 1997 -98 County IWMD Report on Landfills D. 1999 -2000 District Budget XI. ATTORNEY'S REPORTS A Revise Bidding Limit on Public Works Projects 1. Ordinance No. 31 - Increasing the Bidding Limit for Public Works Projects and Amending the Operations Code ® B. Agreement for Emergency Services 1. Mike Kilbride, Ltd. XII. LOCAL MEETINGS A. Independent Special Districts of Orange County 1. Quarterly Meeting - April 29, 1999 B. Local Agency Formation Commission (LAFCO) C. Costa Mesa Chamber of Commerce Legislation Committee D. Orange County Sanitation District 1. Regular Meeting of April 28, 1999 2. Annual Legislators' Day - June 25, 1999 E. Newport -Mesa Unified School District Maintenance & Operations and Ware Disposal Co. Wood Waste Recycling Demonstration - • April 28, 1999 May 13, 1999 Page 4 RECOMMENDED ACTION Authorize Accept Report Accept Report Accept Report Set Date for Study Session Adopt Ordinance Approve Agreement Accept Report Accept Report Accept Report Accept Report Consider Attendance Accept Report COSTA MESA SANITARY DISTRICT May 13, 1999 b AGENDA Page 5 • RECOMMENDED ACTION XIII. OLD BUSINESS XIV. NEW BUSINESS A. Trash Collection Agreement Between City of Orange and For Information USA of California B. Director - Related Seminars 1. CMSD 1998 -99 Budget Review 2. Mileage Reimbursement Rate for Use of Personal Vehicle Consider Increase 3. Breakfast Briefing Sponsored by Reiter Lowry Consultants Consider Attendance Friday, May 14, 1999 - Indian Wells XV. ORAL COMMUNICATIONS XVI. ADJOURNMENT is • COSTA MESA SANITARY DISTRICT Minutes of the Board of Directors Special Meeting Held April 13, 1999 The Board of Directors of the Costa Mesa Sanitary District attended a meeting of the Costa Mesa Sanitary District Recycling Committee at 9:00 a.m. in conference room 1A at the Civic Center, 77 Fair Drive, Costa Mesa. Directors Present: Dan Worthington, Art Perry Staff Present: Rob Harriers, Lois Thompson, Joan Revak, Dawn Schmeisser, Diane Butler Update on Pilot Program Director Worthington opened the meeting, requesting an update on the trash collection pilot program. Ms. Thompson reported the pilot program has been underway for six weeks and is moving along well. Since the onset of the program, only one additional resident has requested pick up of the container. Some residences have other trash in addition to the provided container(s) and may require additional containers should the program be implemented. Director Worthington reported other cities deal with the problem by charging a fee for extra containers. Ms. Thompson presented a Pilot Program Fact Sheet with the following information: The Pilot Program Container: • will improve the look of neighborhoods on trash day • has wheels and an attached lid making it easy to maneuver and prevents trash from overflowing • is available in two sizes, 60 or 90 gallons • will provide a more convenient method to dispose of household waste • will prevent insects, birds, and vermin from accessing trash • will prevent debris from entering the storm drain system • can be lifted and emptied semi - automatically by an attachment on the trash truck thereby decreasing worker injuries • has been used successfully in other cities throughout Orange County • helps decrease scavenging • aids in achieving a high recycling rate After the results of the pilot program have been analyzed, the District may consider providing the containers to its customers. COSTA MESA SANITARY DISTRICT 2 Minutes of the Board of Directors Special Meeting April 13, 1999 Ms. Thompson presented a draft survey card to be sent to pilot program participants: Please circle your response to each question Are the containers adequate for your normal weekly trash? Yes No Are you satisfied with the way containers can be rolled to the curb? Yes No Are you satisfied with the attached lid on the container? Yes No Were you able to store the containers out of the public view? Yes No Do you think the containers improved the look of your neighborhood on trash day? Yes No Additional Comments: What is your address? Please circle your response to each question Are the containers adequate for your normal weekly trash? Yes No Are you satisfied with the way containers can be rolled to the curb? Yes No Are you satisfied with the attached lid on the container? Yes No Were you able to store the containers out of the public view? Yes No Do you think the containers improved the look of your neighborhood on trash day? Yes No Additional Comments: What is your address? 0 COSTA MESA SANITARY DISTRICT 3 Minutes of the Board of Directors Special Meeting April 13, 1999 Payment Alternatives for Semi - Automated Containers Discussion was held on payment alternatives for the semi - automated containers. Director Worthington noted there are funds in the District's reserves to finance the containers. Mr. Hamers advised the Committee the District is awaiting direction from Finance on accounting of reserve funds. A legal opinion from District Counsel, Alan Burns, is also desired. Staff will request direction from the Board of Directors at the regular meeting on Thursday, April 15, 1999. Waste Hauler Task Force Meeting Mr. Hamers reported the City held a meeting of the waste hauler representatives on March 31, 1999. Mr. William Morris, Public Services Director, advised the haulers the City will do everything allowed under SB 1066 which allows "Good Faith Effort". The Director of Public Services will determine what good faith effort is. The meeting was adjourned at 10:06 a.m. No action was taken by the Board of Directors of the Costa Mesa Sanitary District. Secretary • President COSTA MESA SANITARY DISTRICT MINUTES OF INVESTMENT OVERSIGHT COMMITTEE MEETING APRIL 15, 1999 CALL TO ORDER The meeting was called to order at 5:31 p.m. by Boardmember James Ferryman. ROLL CALL Committee Members Present: Mr. Marc Puckett, Director of Finance Mr. Rob Hamers, District Manager Ms. Lois Thompson, Assistant Manager Boardmember James Ferryman (rotating committee member) Boardmember Dan Worthington (rotating committee member) Absent: None TREASURER'S REPORT FOR MARCH, 1999 Mr. Puckett presented the Treasurer's Report and discussed the recent investing activity of the District. Discussion followed. OTHER BUSINESS CASH FLOW INITIATIVES +� Mr. Puckett commented that he has initiated the development of a series of cash flow reports intended to monitor daily cash flow more closely. He indicated that the reports would allow him to increase the rate of return on investments for the total portfolio by determining the amount of core cash existing within the investment portfolio. He indicated that core cash may be invested without regard to cash flow considerations. Therefore, he can increase the rate of return by placing securities along the optimum point of the yield curve. Discussion followed. INVESTMENT AUDIT REPORT UPDATE Mr. Puckett commented that the field work had been completed by Conrad & Associates for the Investment Audit Report. He indicated that the report will be issued in two to four weeks and would be reviewed with the committee at the May or June meeting. M.T.A. U.S. & C. INVESTMENT POLICY CERTIFICATION Mr. Puckett commented that he intended to seek certification of the investment policy from the Municipal Treasurer's Association of the United States & Canada when the proposed investment policy for the 99 -00 fiscal year is adopted by the board. Discussion followed. 4W REASURY SECURITIES Mr. Puckett indicated that he will present one security to the board at each investment oversight committee meeting as requested by board members. He indicated that he was presenting treasury security as a broad asset class at this ADJOURNMENT Approved by: meeting. He indicated that treasury securities are direct obligations of the United ; States government issued by the Department of Treasury by the auction process. The auctions occur monthly, mid - quarterly, and quarterly. The issues include but are not limited to, two -year notes, three -year notes, five -year notes, ten -yei notes, and thirty -year bonds. He commented on the investor's responsibility in relation to potential treasury securities and the degree of due diligence that is required on their performance and returns. Discussion followed. The meeting adjourned at 5:59 p.m. Secretary, Costa Mesa Sanitary District Board of Directors President, Costa Mesa Sanitary District Board of Directors • 0 • COSTA MESA SANITARY DISTRICT Minutes of Board of Directors Regular Meeting held April 15, 1999 CALL TO ORDER The Board of Directors of the Costa Mesa Sanitary District met in regular session on April 15, 1999, at 6:00 p.m., in conference room 5 -A of the Civic Center, 77 Fair Drive, Costa Mesa. President Perry called the meeting to order at 6:00 p.m. Vice President Schafer led the Pledge of Allegiance. Director Woodside gave the invocation. ROLL CALL: Directors Present: Art Perry, Arlene Schafer, Greg Woodside, James Ferryman, Dan Worthington Staff Present: Robin -Hamers, Manager /Engineer; Alan Burns, Legal Counsel; Lois Thompson, Assistant Manager; Joan Revak, Clerk of the District; Dawn Schmeisser, Assessment Specialist; Marc Puckett, Treasurer; Ron Shef, District Ordinance Enforcement Officer Others Present: None. CONSENT CALENDAR ------------------------------------------------------- - - - - -- On motion by Vice President Schafer, seconded by Director Woodside, and carried 5 -0, the Consent Calendar was approved as presented. MINUTES Approved Minutes of Regular Meeting March 11, 1999 Approved Minutes of Investment Oversight Committee Meeting March 11, 1999 Approved Minutes of Recycling Committee Meeting, March 9, 1999 The minutes for the regular meeting of March 11, 1999, were approved as distributed. The minutes for the Investment Oversight Committee meeting of March 11, 1999, were approved as distributed The minutes for the Recycling Committee meeting of March 9, 1999, were approved as distributed. COSTA MESA SANITARY DISTRICT 2 Minutes of Board of Directors Regular Meeting held April 15, 1999 �. REPORTS MANAGER'S REPORTS Approved Occupancy The Trash Occupancy Count documented a decrease of 5 Report and payment of units in the occupancy report for solid waste collection as of $160,005.66 to Costa April 1, 1999. Therefore, the total for April is 21,141. Board Mesa Disposal for trash directed Staff to prepare a warrant for $160,005.66 to Costa collection services for Mesa Disposal on May 1, 1999, for payment for April trash April 1999 collection based on the April count of 21,141. REFUNDS In accordance with Resolution No. 96 -584, adopted by the Costa Mesa Sanitary District on April 17, 1996, the following refunds were granted subsequent to receiving evidence of outside trash service and a signed statement from the applicants: Approved Refund Approved Refund to Dan Seals of $915.36 Parcel Address: 3032 Fillmore Way To Dan Seals Assessor's Parcel No. 141 - 134 -20 Tax years 1997 -98 and 1998 -99 Total Trash Refund: $915.36 Parcel using private trash service RECYCLING REPORTS Waste Diversion Report The Waste Diversion Report for March 1999 showing a March 1999 was received 40.53% diversion rate was received and filed. and f' -d Approved Contract The Board approved contract payment to CR Transfer for Payment to CR Transfer recycling services and disposal for the month of March 1999 for $123,162.31 in the amount of $123,162.31 ENGINEER'S REPORTS Project Status Report was The Project Status Report for April 1999, was accepted as received and filed. submitted. • • COSTA MESA SANITARY DISTRICT 3 Minutes of Board of Directors Regular Meeting held April 15, 1999 TREASURER'S REPORTS Financial Report as of The Financial Report as of March 31, 1999, was accepted as March 31, 1999, was submitted. received and filed Report of Monies on The Report of Monies on Deposit as of March 31, 1999, was Deposit as of accepted as submitted. March 31, 1999, was received and filed Approved Warrant 99 -10 Warrant Resolution #CMSD 99 -10 was approved, authorizing for April 1999, in the the President and Secretary to sign the warrant and amount of $548,387.80 instructing the Finance Department to draw a warrant from the Costa Mesa Sanitary District General Fund in the amount of $548,387.80 END OF CONSENT CALENDAR ------------------------------------------------------- - - - - -- WRITTEN COMMUNICATIONS Mr. Hamers reported receipt of a letter from Mr. Ed Fawcett, Costa Mesa Chamber of Commerce, thanking the District for their support. PUBLIC COMMENTS There were no public comments made. MANAGER'S REPORTS RECYCLING COMMITTEE MEETING - SPECIAL MEETING MARCH 9, 1999 STANDARDIZED CONTAINERS UPDATE ON PILOT PROGRAM Director Worthington reported the pilot program is in its 6th week. Director Worthington reported a questionnaire will be sent to all participants to ascertain the overall satisfaction level and the effectiveness of the containers. COSTA MESA SANITARY DISTRICT 4 Minutes of Board of Directors Regular Meeting held April 15, 1999 PAYMENT ALTERNATIVES FOR SEMI- AUTOMATED CONTAINERS Director Worthington discussed payment alternatives to purchase containers for a semi - automated system. Director Worthington suggested the District purchase the containers with 1.5 million dollars from the General Fund. Director Worthington expressed he felt it is prudent to retain a cushion for future possible emergencies. Mr. Hamers related Staff is in the process of performing an analysis on various funds to determine what they can and cannot be used for. Mr. Hamers stated new legislation going into effect in July 2000 will set new guidelines for the expenditure of District funds. Mr. Hamers presented a study showing the potential savings to Costa Mesa Disposal should the District implement a semi - automated system. Director Worthington motioned to initiate finding potential sources for funding for the containers and contact container manufacturers to assemble a list of specifications in preparation for a bid. There was no second. Motion failed for lack of a second. 0 Directors resolved to wait for the outcome of the fund analysis, results of the survey to participants, and the evaluation of the pilot program's overall success before purchasing containers. Directors requested Staff prepare a flow chart identifying the necessary steps to be taken and feasible ways to meet each of the necessary tasks. Staff will present an update at the May meeting. CITY OF COSTA MESA WASTE HAULER TASK FORCE MEETING - MARCH 31, 1999 Mr. Hamers reported the City of Costa Mesa held a meeting with all the City waste haulers where Bill Morris, Director of Public Works, stated he would support the good faith efforts the haulers would make in lieu of reaching 50 percent recycling by the year 2000. Mr. Morris will determine what constitutes a good faith effort. • f • • - . ,�. 1 i 1. COSTA MESA SANITARY DISTRICT 5 Minutes of Board of Directors Regular Meeting held April 15, 1999 SENATE BILL 1066 - AB939 GOOD FAITH EFFORTS Mr. Hamers reported SB1066 allows good faith efforts to be approved by the State for counties and cites that do not make 50 percent recycling by the year 2000. Mr. Hamers stated the Good Faith Efforts bill will be in effect until the year 2006. SOURCE REDUCTION AND RECYCLING ELEMENT AB 939 UPDATE ON ACTIVITIES ANTI- SCAVENGING AND SCREENING OF TRASH CONTAINERS ENFORCEMENT REPORTS POLICE REPORT Mr. Hamers presented a memorandum providing the statistics for the month of March 1999. The number of calls for service for scavenging are as follows: Location Calls for Service Cite /Arrest Area 1 2 2 Area II 1 0 Area III 2 4 Area IV 0 0 TOTAL 5 6 DISTRICT ORDINANCE ENFORCEMENT OFFICER REPORT Mr. Hamers presented the ordinance enforcement summary report for the four -week period beginning February 22, 1999, and ending March 21, 1999. Mr. Shef reported the pilot trash collection program was initiated and the Wallace Improvement Area was intensively monitored. Mr. Shef distributed 70 courtesy flyers to encourage compliance. Ms. Schmeisser inquired whether the Directors wanted her to continue to supply the itemization portion of Mr. Shefs report along with the summary report. Director Worthington expressed he found the itemization sheets to be informative and requested they remain a part of the packet. SDRMA PROPOSED BYLAW AMENDMENT - REVISING PROXY VOTING Mr. Hamers reported he relayed the Board's disapproval of the deletion of proxy voting to the SDRMA. Mr. Hamers reported he was told there has COSTA MESA SANITARY DISTRICT 6 Minutes of Board of Directors Regular Meeting held April 15, 1999 been a history of a few individuals controlling the outcome of an election by • mishandling proxy votes. Mr. Hamers reported the SDRMA will rotate meetings between Northern and Southern California to provide an equitable opportunity for members to attend the meetings. DISTRICT WEB PAGE UPDATE Ms. Thompson reported she attended a training class on web page development and stated she has a better understanding of what is entailed. Mr. Thompson reported the City will host the District's web site, and Ms. Thompson will create and maintain the pages. Ms. Thompson plans to have the web page contain a welcome letter with the District's history, Board and Staff contact information, program information for both trash and sewer, the current newsletter, rates, billing information, press releases, and agenda and minutes from meetings. DRAFT GREASE INTERCEPTOR ORDINANCE Mr. Hamers presented the written policy from the City and recommended the District wait until OCSD has formulated their Ordinance before making a determination of whether to introduce an ordinance for grease interceptors. • Mr. Hamers reported the City's policy provides protection for the District's sewer system. SAFETY /LOSS CONTROL COMMITTEE MINUTES OF MARCH 30, 1999 MEETING Mr. Hamers provided the minutes of the Safety /Loss Control Committee for the Board's review and comment. LARGE ITEM COLLECTION PROGRAM Ms. Thompson provided a sample of the current door hanger to be distributed to residents to inform them of the August 16 -20 Large Item Collection Program. Ms. Thompson informed the Board she has been working with a vendor who accepts old mattresses for recycling. Ms. Thompson contacted Costa Mesa Disposal and arranged for the mattresses collected during the Large Item Collection Program and the regular call -in program to be given to the vendor for recycling. :7 ! COSTA MESA SANITARY DISTRICT 7 ,i Minutes of Board of Directors Regular Meeting held April 15, 1999 ENGINEER'S REPORTS PROJECT 160 - FAIRmEw PARK SEWER Mr. Hamers reported the project is moving along and invited any Directors or Staff interested in observing the construction to contact him at his office. Mr. Hamers reported they were attempting to complete the necessary work in the proximity of the school as quickly as possible to limit the inconvenience to the facility. TREASURER'S REPORTS ORANGE COUNTY BANKRUPTCY Mr. Puckett presented two newspaper articles, one from the Orange County Register, April 1, 1999, and one from LA Times, April 1, 1999, reporting the State Supreme Court ruled that agencies can sue companies who help public officials breach the public trust. This clears the way for a group of 10 public agencies, known as the "Killer B's" and their $200 million dollar suit against Merrill Lynch & Co. CANCELLATION OF SUPPLEMENTAL TAX APPORTIONMENT BY COUNTY Mr. Puckett reported the County canceled the supplemental tax apportionment and sent a letter that stated that the February tax collection, 1.9 million dollars, was needed to pay or finance 1.14 million dollars of a negative supplemental assessments which would be issued in late March of 1999. Mr. Puckett attempted to call and speak to someone regarding the apportionment but was unsuccessful. Mr. Puckett will report to the Board when he has received more information regarding the apportionment. INVESTMENT OVERSIGHT COMMITTEE MEETING - APRIL 15, 1999 Mr. Puckett reported meeting with Directors Woodside and Ferryman and Staff to review the Treasurer's report for March of 1999. TIMELINE FOR DISTRICT BUDGET Ms. Thompson presented a timeline for District Budget Activities outlining the upcoming meetings to develop budget and salary percentages, capital projects, District budget, CPI increase for contractors, notification to property owners, and public hearing for trash and sewer assessments.. ATTORNEY'S REPORTS Mr. Burns gave some background regarding the components of Proposition 18 and 9 9 9 9 p p 2 n explained the substantive portion of the Proposition defines what the charges can COSTA MESA SANITARY DISTRICT 8 • Minutes of Board of Directors Regular Meeting held April 15, 1999 L represent and how the monies can be spent. Mr. Burns reiterated Proposition 218 states the revenues derived from the charges cannot exceed the funds required to provide the service. The revenue must not be used for any other purpose than the fee or charge imposed. The amount of the fee or charge imposed on the parcel must not exceed the proportional cost of the service attributable to the parcel. ASSEMBLY BILL 1760 Mr. Burns presented an overview of Assembly Bill 1760 regarding connection fees. Mr. Burns explained the connection charges must equate to the cost of the physical connection and there are requirements that the monies must be spent or returned. The monies collected must be accounted for. Mr. Burns stated the various monies collected must be studied and put into separate funds as set forth in the Health and Safety Code. Mr. Hamers stated Staff has finished reviewing all other fees and is currently examining the fixture fees. LOCAL MEETINGS 0 INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY ( ISDOC Vice President Schafer attended the ISDOC meeting of April 6, 1999, and reported there was a financial update given and discussion held regarding increasing membership. Vice President Schafer reported Marion Bu— ;on will be attending the meeting of April 29, 1999. Vice President Schafer reported ISDOC is monitoring various legislation. Vice President Schafer provided the California Special Districts Planning Document for 1999 and the ISDOC agenda for the Board's perusal. LOCAL AGENCY FORMATION COMMITTEE ( LAFCO) Vice President Schafer provided minutes from the January 13, 1999, meeting for the Board's perusal. Vice President Schafer reported LAFCO is monitoring the Hertzberg bill, AB2621, and requested the Board plan to attend the September 17, 1999 meeting. Vice President Schafer attended the opening of the Midway City Sanitary District's new building and provided a copy of their newsletter. `f COSTA MESA SANITARY DISTRICT 9 Minutes of Board of Directors Regular Meeting held April 15, 1999 V Vice President Schafer reported members of LAFCO will be visiting Rancho Santa Margarita, Mission Viejo, Las Flores, Trabuco Canyon, and Dove Canyon to view the south county areas and hold two workshops. COSTA MESA CHAMBER OF COMMERCE` LEGISLATION COMMITTEE Vice President Schafer attended the Costa Mesa Chamber of Commerce Legislation Committee meeting and reported meeting a representative from the Governor's office who is soon to be located in Orange County. Vice President Schafer spoke on the accomplishments of the Costa Mesa Sanitary District. ORANGE COUNTY SANITATION DISTRICT REGULAR MEETING OF MARCH 24, 1999 Director Ferryman reported the environmental impact report for the ground water replenishment system was approved. SANTA ANA RIVER FLOOD PROTECTION AGENCY EXECUTIVE COMMITTEE MEETING - MARCH 25, 1999 Director Ferryman reported Dr. Richard Jones from Fullerton was elected to the Executive Board to replace George Osborne. Director Ferryman reported an update was given on the Subvention program and their goal of having 'he Governor restore $41 million to his 1999 /2000 fiscal year budget for subvention funding. Director Ferryman reported there was a lawsuit filed against the Army Corps of Engineers regarding the Seven Oaks Dam project and kangaroo rat habitat. Director Ferryman reported they are working on ways to. keep the habitat intact. OLD BUSINESS There was no old business discussed. • COSTA MESA SANITARY DISTRICT 10 h "inutes of Board of Directors Regular Meeting held April 15, 1999 NEW BUSINESS CALIFORNIA SPECIAL DISTRICTS ASSOCIATION SACRAMENTO GOVERNMENT AFFAIRS DAY - MAY 17, 1999 Mr. Hamers requested Board members interested in attending the Sacramento Government Affairs Day contact Ms. Revak for reservations. Directors Worthington and Schafer expressed an interest in attending the meeting. ORAL COMMUNICATIONS Ms. Thompson reported CR Transfer had a planned shutdown on March 30 for maintenance when a wear plate was discovered to be structurally damaged and in need of replacement. The plant was down until April 12. CR Transfer was sorting the trash on the floor of the facility during this time period. Ms. Thompson distributed yo -yos and eco- poppers to be distributed to children at various events. Director Worthington reported the Midway City Sanitary District sold bonds in 1994 to purchase trucks and trash containers. Due to savings realized with the automated trash service and other cost- cutting actions, the District voted to retire the bonds five years early. Director Woodside expressed an interest in attending the 5th Annual Conference on the Environment, Current Perspectives and Further Challenges for Business, Industry, and Government. Director Ferryman motioned a need arose after the agenda was prepared to discuss meeting attendance, made urgent due to the time constraints involved. Vice President Schafer seconded. Motion carried unanimously. Vice President Schafer motioned to allow Director Woodside to attend the 3-day conference in Anaheim on May 3, 4, and 5. Director Ferryman seconded. Motion carried unanimously. ADJOURNMENT At 7:50 p.m. President Perry adjourned the meeting. • SECRETARY PRESIDENT • COSTA MESA SANITARY DISTRICT Warrant Resolution No. CMSD 99 -11 A RESOLUTION OF THE COSTA MESA SANITARY DISTRICT ALLOWING CERTAIN CLAIMS AND DEMANDS, AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID. THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT DOES HERBY ORDER AND RESOLVE AS FOLLOWS: Section 1. That the attached claims and demands have been audited as required by law and that the same are hereby allowed in the amounts and ordered paid out of the respective fund, as hereinafter set forth. Section 2. That the Clerk of the District shall certify to the adoption of this Resolution and shall deliver a certified copy to the Finance Department and shall retain a Certified copy thereof in her own records. PASSED AND ADOPTED this 13th day of May, 1999. ATTEST: • Secretary President STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss COSTA MESA SANITARY DISTRICT ) I, JOAN REVAK, Clerk of the Costa Mesa Sanitary District, hereby certify that the foregoing Warrant Resolution No. CMSD 99 -11 was duly adopted by the Costa Mesa Sanitary District at a regular meeting held on the 13`h day of May, 1999. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the Costa Mesa Sanitary District on this 13`h day of May, 1999. Clerk of the Costa Mesa Sanitary District • Report ID: CCM200* City of Costa Mesa A is Payable Page N� 1 SUMMARY CHEC,EGISTER Run Dateliilay os,1999 Bank: CMSD Run Time 10:00:47 AM CYcle: 01-11-Kg Payment Re Date Status Remit To 0488 04/21/99 v CSDA Line Description: Sacramento Gvrmmnt Affairs Day Remit ID Payment Amt 0000006852 0.00 i Sacramento Gvrmmnt Affairs Day L, 0489 04/21/99 P CSDA 200 - 0 0 + 200.00 - 60'00 T Line Description: Sacramento Gvrmmnt Affairs Day 160)005 °66 + 1)146.60 + 0490 04/22/99 P ISDOC 3?'1 • 43 Y 60.00 Line Description: Luncheon Meeting on 4/29/99 926 - 80 r 200 • 0 + 0491 05/03/99 P Costa Mesa Disposal 2) 600 " 00 + 160,005.66 Line Description: Trash Occupancy Collection 1 24) 1 8.6.80 - 13)792.64 + 11)097.9U + 0492 05/04/99 P Curbside Inc 1,146.60 2)450.00 + Line Description: HHW Door -to -Door Collection '18 9 , 66 + 503.75 + 0514 05/13/99 P King Badge & Button Co 3) 325 • 25 + 327.48 Line Description: Promotional Products l U U• 00 + 415-62 + TOTAL $161,939.74 311.31 + 93-88 + 4)871.48 + 803.72 + 15)396.00 + 1)699.69 + 141.15 + 126)142.19 + 63.00 + 4'72) 355 • 58 End of Report i Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 1 SUMMARY CHECK REGISTER Run Date May 06,1999 Bank: CMSD Run Time 8:56:48 AM Cycle: Payment Re Date Status Remit To Remit ID Payment Amt 0493 05/14/99 P Arlene Schafer 0000005152 926.80 Line Description: Attendance April 1999 Mtgs 0494 05/14/99 P Arthur Perry 0000005153 200.00 Line Description: Attendance April 1999 Mtgs 0495 05/14/99 P Atlas Underground Company 0000000160 2,600.00 Line Description: Sewer Manhole Bottom: 0496 05/14/99 P CR Transfer Inc 0000005159 124,186.80 Line Description: April 99 Recycling Services April 99 Recycling Service 0497 05/14/99 P City of Costa Mesa 0000005160 13,792.64 Line Description: Operational Expenses 4/99 Large Item Collection Notices 0498 05/14/99 P County Sanitation Districts of Orange Co 0000005164 11,097.90 Line Description: Dist 6,7 &1 Fees collected 4/99 0499 05/14/99 P County of Orange Pub Fac & Resource Dept 0000005031 2,450.00 Line Description: Adjust Manholes to Grade 0500 05/14/99 P Dan Worthington 0000005158 789.66 Line Description: Attendance April 1999 Mtgs 0501 05/14/99 P Greg Woodside 0000006829 503.75 Line Description: Attendance April 1999 Mtgs i • , Report ID: CCM20 City of Costa Mesa A lftts Payable Page N 2 SUMMARY CHEEGISTER Run Da ay 06,1999 Bank: CMSD Run Time 8:56:48 AM Cycle: Payment Re Date Status Remit To Remit ID Payment Amt 0502 05/14/99 P Harper & Burns LLP 0000005161 3,325.25 Line Description: Legal Services April 99 0503 05114/99 P James Ferryman 0000005156 100.00 Line Description: Attendance April 1999 Mtgs 0504 05/14/99 P James Seals 0000006643 415.62 Line Description: Trash Service Refund 0505 05/14/99 P King Badge & Button Co 0000005568 311.31 Line Description: Promotional Products 0506 05/14/99 P Los Angeles Times 0000003000 93.88 Line Description: Subscription- LATimes 3/99 -3/00 0507 05/14/99 P Polyrep Inc 0000007090 4,871.48 Line Description: Sales Tax Not Charged Shipping: Solid Wast Cutter: Tax (7.75 %): 0508 05/14/99 P Recycling Products Inc 0000007235 803.72 Line Description: Recycling Container 0509 05/14/99 P Robin B Hamers & Associates Inc 0000003842 15,896.00 Line Description: Engineering Svcs -April 99 Plan Checking April 99 Engineering Svcs - Inspection t Report ID: CCM2001 City of Costa Mesa Accounts Payable Page No. 3 SUMMARY CHECK REGISTER Run Date May 06,1999 Bank: CMSD Run Time 8:56:48 AM C Payment Re Date Status Remit To Line Description: District Mgmt Svcs- April 99 Engineering Svcs -Proj #160 0510 05/14/99 P Ronald Shef Line Description: Code Enforcement Officer 0511 05/14/99 P Stericycle Inc Line Description: Sharps Containers - Stevens Phar Sharps Containers -Rite Aid Sharps Container- RamseyRexall 0512 05/14/99 P Sully Miller Contraction Company Line Description: Fairview Park Sewer 0513 05/14/99 P Sunflower Travel Line Description: Airfare -CSDA Gov't Affairs Day Airfare -CSDA Gov't Affairs Day Remit ID Payment Amt 0000005511 1,699.69 0000005564 141.15 0000004180 126,142.19 0000005881 268.00 TOTAL $310,615.84 End of Reo • , a 1 Detail of Director's Meetings - Month of April, 1999 James Ferryman 4/15/99 Regular Board Meeting Art Perry Arlene Schafer • Greg Woodside Dan Worthington • 4/13/99 Recycling Committee Meeting 4/15/99 Regular Board Meeting 4/6/99 ISDOC Executive Board Meeting 4/9/99 WACO Monthly Meeting 4/15/99 Regular Board Meeting 4/21/99 Chamber of Commerce Legislation Committee 4/29/99 California Special Institute Workshop 4/29/99 California Special Institute Workshop(Meal Exp) 4/29/99 California Special Institute Workshop(Tips) 4/30/99 California Special Institute Workshop 4/30/99 California Special Institute Workshop(Hotel) 4/14/99 LAFCO Meeting 4/14/99 LAFCO Meeting(parking) 4/15/99 Regular Board Meeting 4/22/99 Tour w /Costa Mesa Disposal 4/28/99 Recycling Demonstration 4/29/99 ISDOC Quarterly Meeting 4/13/99 Recycling Committee Meeting 4/15/99 Regular Board Meeting 4/15/99 Chamber of Commerce Breakfast Meeting 4/29/99 California Special Institute Workshop 4/29/99 California Special Institute Workshop(Hotel) 4/29199 California Special Institute Workshop(Mileage) 4/30/99 California Special Institute Workshop RH 5/5/99 12:00 PM 100.00 100.00 100.00 100.00 200.00 100.00 100.00 100.00 100.00 100.00 16.00 13.00 100.00 297.80 926.80 100.00 3.75 100.00 100.00 100.00 100.00 503.75 100.00 100.00 0.00 100.00 331.91 57.75 100.00 786.66 APR -22 -1999 13:44 CIWMB USED OIL 916 255 2318 P.01 • California Integrated Waste Management Board April 20, 1999 PLEASE DIRECT THIS FAX TO: Lois Thompson Manager of Special Events Costa Mesa Sanitary District Phone: (714) 754 -5043 Fax: (714) 432 -1436 • MESSAGE i1 U GRANTS & HHW SECTION Shirley Willd- Wagner 8800 Cal Center Drive, MS -4 Sacramento, California 95826 Phone: (916) 255 -2343 Fax: (916) 255 -2318 Re: 1998 /99 Household Hazardous Waste Grant — Seventh Cycle During the HHW grant seventh cycle, 48 applications were received totaling $7.4 million in project funding for the $3 million available. Your grant application has been evaluated and the review team has finalized their funding recommendations. We regret to inform you that your application will be not be recommended for funding at the CIWMB's regular business meeting on Thursday, April 29 at 9:30 a.m. in Sacramento. The timeline for the 1999 /2000 HHW grant, eighth cycle, is currently being developed and is anticipated to begin sometime in July 1999. After May 1, 1999, please contact Anna Ward the review team leader at 916/255 -2352, if you are planning to apply for this next grant cycle and would like assistance on how to improve your current application. TOTAL P.01 COSTA MESA SANITARY DISTRICT • RECYCLING COMMITTEE AGENDA May 4,1999 9:00 a. m. Conference Room 1A I. Standardized Containers A. Mid - Program Survey Results B. Pilot Program Timeline II. Costa Mesa Disposal Contribution Toward Recycling Programs A. Public Education Fund B. Household Hazardous Waste Residential Pickup Program III. City of Costa Mesa A. Waste Hauler Meeting - "Good Faith" Effort n U oANIT,�R`o� h Costa Mesa Sanitary District O�PORAtE�`� Memorandum To: Board of Directors From: Lois Thompson, Assistant. Manager �✓' Date: May 6, 1999 Re: Pilot Program, Mid - Program Survey Results �s z A prepaid postcard was mailed to the participants of the District's Pilot Program for Standardized Containers. 201 survey cards were mailed to participants of the program and 85 or 42% of the survey cards were returned. Attached are the results of the mid - program survey. 1. The first attachment of pie charts contains the responses for the Mesa Verde area (Single Family Homes) • 2. The second attachment of pie charts contains the responses for the Anaheim Ave. residents (Multi - Family Homes) 3. The third attachment is a list of all comments received on the survey cards 0 C, r �J • Mesa Verde Mesa Verde Area - Are the containers adequate for your normal weekly trash? No 15 °0 Yes 85°1. Mesa Verde Area - Are you satisfied with the attached lid on the container? No 13 °0 Yes 87% Mesa Verde Area - Do you think the containers improved the look of your neighborhood on trash day? No 15 °0 1) Yes 85% Mesa Verde Area - Are you satisfied with the way containers can be rolled to the curb? No 13% Yes 8740 Mesa Verde Area - Were you able to store the containers out of the public view? No 13 %. 1) Yes 87'. L • • Anaheim Ave Anaheim Ave - Are the containers adequate for your normal weekly trash? No 12°0 1) Yes 88% Anaheim Ave - Are you satisfied with the attached lid on the container? No 4% Yes 96% Anaheim Ave - Do you think the containers improved the look of your neighborhood on trash day? No 4% (i) Yes 96% Anaheim Ave- Are you satisfied with the way containers can be rolled to the curb? No 4% Yes 9696 Anaheim Ave - Were you able to store the containers out of the public view? No 13% Yes 87'c, Standarized Trash Container Survey Mid - Program Survey Responses - A List of Comments Item Comment Address 1 #1 answered no because once a month there is landscape cuttings that. take more containers: 2033 Balearic Dr. ..................................................................................................................... ............................... 2 A bid improvement in the street -keeps down people 9.oing thru the trash -keep up the food work. 1929 Anaheim Ave. ............... .... .... .................................................................................... ............................... 3 At times, we need to use our other trash cans if we don't have enou h trash cans. 2001 Lemnos Dr. . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .I . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .... . . Y. . . . . . . . . . . . . . . . . . . . ... .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Can we sell our old cans back to the cit or to someone we have old normal trash cans. 1972 Anaheim Ave. A Conformity is not an improvement. Not willing to pay extra for containers. If they reduce your cost then provide 5 them for free and reduce the tax bill. 2001 Kornat Dr. ...................................... . ......... . .. .— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . 6 Do not need 2 bi containers eve week. Do not care to a for them. $ .....................................I!.................................................... .P....Y........................ none Even a woman of small stature can roll them to the curb w /ease. Before, it was a struggle to drag small overflowing 7 cans w/a back problem. hank you so much!! I don't dread trash day anymore! Truly bless. 1935 Anaheim Ave. P ..................................... y.............................................................................................. I............:.... .......Y....................... � :................................................................................. ............................... 8 Excellent -we really like them! .............. .... .......... ............................... 2014 Baltra Pl. 9 Good solid way to store trash attached lid keeps rain out 1 is probably adequate for our needs 2030 Lem os Dr. .................................................. .. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . ... . . . . ..................................... ................ ... . . . . . . . . . . 9 . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....................... 10 Great improvement over regular trash cans- also keeps scavengers from messing the area 1955 Anaheim Ave ..................................... I.......................................... 9..... ............................... ................. P................................................................... P.......................:.................................................................... ............................... 11 Great trash system, I could use another can. 1981 Kornat Dr. ................. ........ ...................................................................................................................................................................................................................................................... ............................... • Pag f 5 • Standarized Trash Container Survey Mid - Program Survey Responses - A List of Comments Item Comment Address 12 I can handle the smaller 5150 Ib capacity) container ok: The bigger ones might be difficult for me to move: 1976 Anaheim ........................ ............................... ......... . I do my own gardening. When I prune quite a bit I need at least a 90 hauler just for the palm fronds etc. Note: The 13 containers that can be lifted from the bottom are even better . g . Can be lifted even when overloaded without breaking. 1938 Baleric Dr. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 1 find it difficult to move and roll the containers out to the street. 2021 Baltra PI. 15 1 have used the container for many years and will continue to do so. Hope many otherpeople follow suit: 2021 Balearic Dr: ................. .... ..... ........ ................................................ ............................... 16 1 love the container, best that, happened to trash. ........ .... .... ........ ......... 1917 Anaheim 17 If the city wants to pay for them, it is a good idea: 1985 Anaheim Ave. ................. ...... .... .... ................................................................................................................................................................................................ ............................... 18 Is a wonderful service: thank you ............ ............................... 1989 Anaheim ABC .................... .... .... ........................................................................................................................................................... ............................... 19 It seems that there is always trash han in out over -flow I think I need the larger size 1964 Anaheim Ave. Y ................................................................:..................................................................:...:........................ ............................... . ........................................... ............................... 20 It would be nice to have an additional container. 2007 Baltra Pl. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Much easier to handle than ordinary trash containers: 1954 Baleric Dr. ..................................................... ......................... . . . . .. .. 22 no comments 1938 Anaheim Ave #A ................................................................................................................................................................................................. ......................... . . . . .. -------- - - - - -- - is Pag9f 5 0 Standarized Trash Container Survey Mid - Program Survey Responses - A List of Comments Item Comment Address 23 One is not enough: 2005 Baleric Dr. ..... ............ ........ .... ................................................................................................................................................................................................................................. ............................... Our family requires 2- 90's, was difficult to roll and find location to store, lid OK, but might be too heavy for children, 24 elderly: Was easier than 5 or 6 regular cans. 2009 Balearic ........ .... ........................................................................................................................................................................................................................................................................ ............................... 25 Please come and take the new container awa - It is too lar a and hard for us to handle. 1939 Baleric Dr. .. . .. . . . ... ... .. .. . .. . . . .. . . . .... . .... . .. . . .. . ..... . . . . ....... . . . . .. . .. . . .. . .. . ... . . .. . .. . ... .. . . . .. . .. . . .... . ... . .. .. . . . . . .. . .. . . . . ..... . . . .. . . 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . 26 Please continue this service. 1985 Anaheim Ave. 27 Please insist that people use these containers and that the store them out of view. 2015 Baltra PI . ........................................................... P. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Prefer cans in garage -these do not fit 2026 Baltra PI. .... .... ...................................................................................................................................................................... ............................... ............tra ------ . 29 Someone has to a for these containers, if the District does I know it will be passed on to us 1976 Komat Dr. .............................. . .......................... .... Y. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . P. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . ........................................................ ............................... 30 Sometimes not enough room for yard waste: Can you have an extra bad or so with garden and lawn, stuff? 1960 Anaheim Ave: ......S ..e.t .... ...... ............................ Sometimes we fill more than one, especially on grass trimming and yard weeks. We do have a side yard but see 31 thru gate: I think it's great as lono as it's free. 2032 Balearic Dr. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Sure do like them. Should have had them a long time ago. The street looks much better on trash day 1950 Anaheim Ave ......... _ . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . ..................... .. . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Y. . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ave. . . . . . . . . . . . . . . . . . . 33 The lid is a little hard to handle whan I am em t in a house waste basket 1965 Balearic Dr. ......................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . P. . . Y. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 3 of 5 Standarized Trash Container Survey Mid - Program Survey Responses - A List of Comments Item Comment Address 34 They look great and we like the idea of not having people �oin� through the trash cans. 2020 Kornat Dr. ............. ........ .... ......... ......................................................................................................................... ............................... 35 They're great: I hope C .M: decides to stay with them: 1948 Anaheim Ave. ...................... ........... ........ .................................................................................................................. ............................... ............................... ............................... 36 This trash can is so lar a it does not fit well in m ara a 1963 Baleric Dr .... . . ... . ... . .... . .. . . .. . .. . . . . . . . . .. ....... .. . . . .. . . .... Y. .. . 9 . . . . . . . . . . . . : . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Very pleased: especially the price Komat ................. ........................................................................................................................................................................................................... ............................... .....38 Want to keep them. 1993 Kom.. ............. .... ............................................................................................................................................................................... ............................... 39 We definite) need both of our 60 allon containers. 1950 Balearic Dr, ... . ......................................... Y. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 We didn't participate on the pilot program. Our tru�h is pick up by a private contractor. Thanks. 1920 Anaheim Ave. Unit B ........... .......................I....... ............................ ................................ ............................... ......... .. . ............................... We do find the containers difficult to roll at times- Even though we like them, we really don't want an additional 41 expense each month. 2004 Kornat Dr. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 We have had one LARGE container from the be�inninq of your program: I wish everyone would use them; 1946 Balearic ............... .... .... ....................... ....................... We have to leave the lid open so the children can take out the trash. Also, those trash cans are too large for 43 children to take out to the curb 2029 Lemnos Dr. . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . .. . . . . . .. . . . . ... . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .................................. We have used one of the Hauler 90 trash cans ever since they were first introduced a few years ago and are totally 44 satisfied with it. We were not given one of the new green ones. 2037 Balearic Dr. ................................................. ............................... .... ............. Page of 5 • - 0 S'andarized Trash Container Survey Mid- Progr..n Survey Responses - A List of Comments Item Comment Address 45 We love the way it cleans up the nei�hboorhood on Mondays!! 1955 Anaheim C2 ............. .... ........ .... ............................................................................... ................--------- - - - - -- 46 We were only .given 1 container, but our household is in need of 2. Don't know who to contact on a 2nd container. 1932 Anaheim Ave. ... ............................... ............................................................................................................................................................................................... ..............-- _-------- - - - - -- - 47 We would like one large and one small. ......................... .... ...................... 2028 Balearic Dr. 48 Weighing about 88 Ibs: they're heavX for me .:............................................................................................................................ ............................... 2009 Komat .............. .... ............................................... ............................... 49 What happens after pilot program? Renting trash cans- not economical- one time fee is more reasonable. 2003 Baltra PI. ........................... ...................................................................................................................................................................................... ............................... 50 Wish everyone would use them. ................ ............................... -2013 Lemnos Dr. .. ............................... ................................................................................................................. ............................... ............................... ............................... 51 Wish more of the neighbors really_ used them: -1 don't think they really tried: ,2021 Kornat Dr. ........ ............... .......................... • Page f 5 0 • 5/3/1999 Costa Mesa Sanitary District Standardized Container'Pilot Program I. Legal Issues 1 Proposition 218 2 Assembly Bill 1760 3 General Fund balance'' II S-M, a. Where did it come from? 7- b. What are allowable uses? II. Financial Statements A. Existing Format 1 General Fund 2 Sewer Construction Fund 3 Facilities Revolving Fund B. Proposed Format 1 General Fund a. Various reserve categories b. Designation of fund balance. for Future Sewer Replacement • c. Designation of fund balance for Earthquake /Major Emergency Sewer Reconstruction 2 Facilities Revolving Fund III. Pilot Program Timeline 1 Program Beginning Date 3/1/1999 2 Mid - Program Survey Mail Date 4/15/1999 3 Analysis of Mid - Program Survey Results Date 5/13/1999 4 Program Ending Date Lgup6e:T- 5/30/1999 5 After - Program Survey Mail Date e gevls -co C�NANMALS 6/2/1999 6 Analysis of After - Program Survey Results Date 717/1999 7 Final Report to CMSD Board of Directors 7/8/1999 IV. CMSD Budget Cycle 1 Budget Planning Study Session Date June 1-4, 1999 2, Adopt District Budget 6/10/1999 3 Postcard mailing to 22,000 parcel owners. (trash) 6/15/1999 4 5 Budget Cycle for 99/00 Begins CPI, Increase for contractors 7/1/1999 7/8/1999 6 Public Hearing for Trash & Sewer Assessments 8/12/1999 • 5/3/1999 • ADDENDUM NO. 1 This Addendum to Agreement is made and entered into this &day of , 1997 by and between the COSTA MESA SANITARY DISTRICT (hereinafter `tistrict ") and COSTA MESA DISPOSAL, INC. (hereinafter referred to as "Contractor "). RECITALS WHEREAS, the District and Contractor have entered into an agreement dated June 9, 1994 which provides for the collection and disposal of trash within District (hereinafter "Agreement "); and WHEREAS, the parties desire to specify herein some of the services and programs contemplated by said Agreement; and WHEREAS, the parties have also discovered that the occupancy count upon which Contractor was being paid did not accurately reflect the correct number of residences that were being serviced by Contractor and that this affected the compensation paid to Contractor with the result that Contractor may have been overpaid by District; and WHEREAS, the parties hereto do hereby desire to specify services to be provided pursuant to said Agreement and desire to resolve the dispute over such overpayment by Contractor agreeing to provide additional services; NOW, THEREFORE, the parties hereto agree that the following additional services shall be provided by Contractor for each year that the Agreement (as amended) is in effect: 1. Contractor shall provide containers, personnel, and general support for the Mini Telephone Recycling Program to accommodate the June 1997 distribution of yellow pages in addition to the School Phone Book Recycling Program that is scheduled for November 1997. In each subsequent year, Contractor shall participate in the phone book recycling program to the District's satisfaction in conformance with the Pacific Bell distribution schedule. 2. Contractor shall purchase new signage for fleet vehicles every two years. In addition, Contractor will rotate the signage, not to exceed once per quarter, to promote the appropriate recycling program or District issue upon District's request. 4P 1 3. Contractor shall provide a new and additional Large Item Collection Program, that offers a free call -in service, once per year, per residential dwelling unit. This program will be in addition to the existing District -Wide Large Item Collection Program provided for in Paragraph 6 of said Agreement. Contractor will also provide up to five additional Large Item Collections per month, at the request and discretion of District. Large items are to be collected by Contractor within three working days of customer or District request. 4. Contractor shall provide general improvement of container handling throughout District area. i 5. Contractor shall provide containers to any non - profit group (Boy Scouts, churches, etc.) for recycling projects at the request of the District and at no charge. Contractor to transport recyclables to a buy back center in Orange County and rebate money to nonprofit group. RP- 6 Contractor to assist and cooperate with District in the organization of clean up j Q.Ajq days without charge. Contractor shall provide annually a total of fifteen Z��M tv 3 containers and transportation of the container, at no charge. District shall pay landfill tipping fees only. 7. Contractor shall establish a Public Education Fund in an amount not to exceed Ten Thousand Dollars ($10,000) per year for the purpose of supplying public education and information about source reduction, recycling, and composting. Funds can be used by the District for purchasing small giveaway items such as pencils, stickers, activity books, or publishing informational brochures or advertisements or for other public education purposes. 8. Contractor shall provide and maintain a portable Recycling Information Booth that meets District's requirements to use at community events. 9. Contractor shall provide a cash donation to support local recycling efforts, in an amount not to exceed Five Hundred Dollars ($500) annually. 10. Contractor shall provide verification of trash occupancy count to District's satisfaction, once each five years. 11. Notwithstanding the provisions of Paragraph 5 of said Agreement, Contractor and District shall work together to provide a Household Hazardous Waste residential pickup program for recyclable household hazardous waste (Antifreeze, Car Batteries, Used Oil, Paint) approximately once every three years. Contractor shall be financially responsible for up to $10,000 per year in either financial consideration or services. The first Household Hazardous Waste pickup program is expected to occur in the year 2003. 2 01 ylF 1 • • 12. Contractor shall provide additional service to residents as needed to comply with the Americans with Disabilities Act. 13. Except as expressly modified herein, the terms and conditions of the Agreement shall remain in effect and these services shall be deemed additional to those required by said Agreement. Dated: G I k - q q Dated: L- - ' "1 - ' '-I 3 COSTA MESA SANITARY DISTRICT By: 0- r r sident Secretary COSTA MESA DISPOSAL, INC. �y I � • CITY OF COSTA MESA Department of Public Services INTER OFFICE MEMORANDUM. TO: THE HONORABLE CITY COUNCIL FROM: William J. Morris, Director of Public Services ufe�� DATE:. April 27, 1999 SUBJECT: City Waste Hauler Meeting - "Good Faith" Effort BACKGROUND RECEIVED APR 2 9 1999 COSTA MESA SANITARY DISTRU In November, 1998, the City of Costa Mesa, jointly with the City's permitted waste hauling companies, began reviewing the City's procedure to revoke a waste hauler's permit in the event the hauler violated the Costa Mesa Municipal Code governing their permit to operate in the City, or failed to achieve the 50- percent diversion mandate required by AB 939. After several meetings and discussions with the permitted waste haulers, ,the permit revocation procedure was placed on the agenda for the December 7, 1998, City Council meeting. Due to concerns raised by a permitted waste hauling firm regarding the lack of "good faith" language in the City's Municipal Code regulating the City's waste haulers, the item was pulled from the agenda and scheduled for the City Council Study Session of January 11, 1999. Several permitted waste haulers attended the study session to discuss the permit revocation procedures and the "good faith" issue. Good Faith Issue - Subsequent to the enactment of AB 939, additional legislation (SB 1066, enacted in October, 1997, and effective January 1, 1998), defined "good faith" efforts by Cities and provided for the State's granting of extensions to the 50 percent diversion mandate by the year 2000. Waste. haulers were concerned that City staff would not consider "good faith" efforts by the haulers if they failed to meet the 50 percent diversion mandate by the year 2000, and the hauler's permits would be revoked without consideration of their "good faith" efforts. At the February 1, 1999, City Council meeting, Council approved the permit revocation procedure and directed staff to meet with the waste hauling companies regarding the "good faith" issue. ANALYSIS On March 31, 1999, a meeting was held with the permitted waste haulers to discuss the City's interpretation of the "good faith" efforts provision of State law and the possible Costa Mesa Municipal Code amendment to address "good Page 1 faith" efforts by the haulers. The attendance sheet for this meeting is attached for Council's information. At the March 31, 1999 meeting with the waste hauling companies, the following 9 items were discussed: • Staff informed the haulers that the City's main objective is to comply with State Law, avoid penalties, and divert 50 percent of our waste stream from landfills by the year 2000. • The City recognizes the "good faith" effort provision of SB 1066 and the California Integrated Waste Management Board's authority to grant time extensions to January 1, 2006. If needed, the City will consider and /or allow an extension to the January 1, 2006 deadline for the permitted waste haulers. As State law currently exists, after January 1, 2006, the City and all haulers must meet the 50 percent diversion mandate with no exceptions. • The Public Services Director assured the haulers that the City will remain flexible and will consider "good faith" efforts by the haulers in meeting the.50 percent diversion mandate in the year 2000. Staff will work to develop standards and objectives for the haulers to meet in order to substantiate "good faith" efforts and to allow for time extensions if needed. A final determination on whether a permittee has made a "good faith" effort in meeting the 50 percent diversion mandate . will be the responsibility of the City's Public Services Director. S' • City Attorney and Public Services staff will propose an amendment to the Costa Mesa Municipal Code, if needed, to add language regarding the "good faith" efforts, and time extensions for permitted waste haulers. If an amendment to the Municipal Code is needed, the item will be tentatively scheduled for the first City Council meeting in July, 1999. In addition to the "good faith" issue, the following items of concern to the hauling community were discussed: Permitting of private recycling Finns - Some haulers feel that private recycling firms and /or scavengers are an obstacle in their ability to meet the 50 percent diversion mandate, and that the City should be tracking and permitting these firms. The haulers were informed that City and consultant staff currently conduct phone and site visits to several recycling and redemption centers, such as Orange Coast College Recycling Center, Dalton Recycling Company, Smurfit Recycling Center, Men -Cal Recycling Center, and others to obtain the recyclable tonnage received by these centers that is coming from the City of Costa Mesa. This recyclable tonnage is then used in the City's annual AB 939 report sent to the S, State to apply towards the required diversion percentage. The majority of the Page 2 11 • .i haulers were satisfied with the City's efforts and were not interested in further pursuing the permitting of private recycling firms. Self -haul landfill tonnage - Several haulers 'are concerned with the amount of tonnage being self - hauled to the landfills by landscape companies, construction companies, State agencies, and individual handy -man and clean -up type operations. Currently, over 17,000 tons of waste is estimated to be self - hauled to the landfills from Costa Mesa. It was decided this issue is a priority and that resources and man -power should be directed towards the promotion of recycling of this tonnage and diverting this waste stream from the landfills. City staff and the City's consultant will address this issue over the next six (6) months. The Public Services Director emphasized that any efforts by the City in connection with AB 939 compliance and programs will need to be funded through the AB 939 fees assessed to the permitted waste hauling companies. It :a believed that all in attendance at the March 31, 1999, meeting were comfortable with the direction that City staff is taking on the significant source reduction and recycling issues facing the City within the next several years. Please contact Donna Theriault, Management Analyst, at (714) 754 -5024, or me at (714) 754 -5343 if there are any questions, or if additional information is needed. C: Allan L. Roeder, City Manager Jerry Scheer, City Attorney Permitted Waste Haulers Mike Balliet, Americlean Environmental Services Donna Theriault, Management Analyst Attachment: March 31, 1999 meeting attendance list Page 3 TRASH HAULER MEETING ATTENDANCE LIST MARCH 31, 1999 NAME AGENCY TELEPHONE NO FAX NQ .: G'UGC-r�C / wt - 4-- -4, � /14 / /- .s12,j t 1 0- w6s C-e L ;, / ' L f V 1 %1 c/ 5C9 1-) &63 -355 S' Y 238.3309 L C.a 57)i mA (3 14) ? 5--5-3 4 3 6'4) 7. 4 5c P� V1 C 21 fa i COS i O i,4ESr1 1111i�e �d�1� qq1 -S37 -361 - ;- I& • X14 7, (-b 2&) 3`:% `/ YG'`/ �' �✓ f % `�ir 71 890 WAY', o, G'UGC-r�C / wt - 4-- -4, � /14 / /- .s12,j t 1 0- w6s C-e L ;, / ' L f V 1 %1 c/ 5C9 1-) &63 -355 S' Y 238.3309 L C.a 57)i mA (3 14) ? 5--5-3 4 3 6'4) 7. 4 5c P� V1 C 21 fa i COS i O i,4ESr1 1111i�e �d�1� qq1 -S37 -361 - ;- I& • 1/• • • CO3TA P1115A FOLIO bEFA RT11ENT QlnE 9HAU515 OMIT UME STOo WERE TEKTPOOK TO: Capt. Warnock FROM: Holly Carver RE: Scavenging, April 1999 DATE: Thursday May 6, 1999 Here are the April 1999 scavenging statistics. Calls for Service Cite /arrest Area 1 0 0 Area II 0 0 Area III 6 0 Area IV 0 0 TOTAL 6 0 • • RECEIVED ZIA' - ?. 1999 COSTA (MESA SANITARY DISTRU TO: Costa Mesa Sanitary District Board of Directors, Rob Hamers, Manager /District Engineer FROM: Ron Shef, Ordinance Enforcement Officer DATE: April 25, 1999 SUBJECT: ORDINANCE ENFORCEMENT SUMMARY REPORT This report includes the five (5) week period beginning March 22, 1999 and ending April 25, 1999. During this period, the pilot trash collection program areas, including both multi - family and single family residences, were monitored. During some windy days this period, the sixty (60) gallon haulers were observed to be blown over more than the ninety (90) gallon haulers. All complaints were investigated and reported to Staff. The Wallace Improvement Area continued to be monitored for ordinance compliance. One hundred seventy -five (175) courtesy flyers were left at residences for ordinance enforcement. Week No. 1 ending March 28, 1999: This week marked one month into the pilot trash collection program with residents utilizing both size haulers effectively. Fewer indi- vidual containers and trash bags are being used along with the test haulers out for collection at the curb. Dwelling unit verification of specific addresses on Anaheim Street was completed and presented to Staff.. Week No. 2 ending April 4, 1999: Existing complaints on the Westside were rechecked for compliance and data reported to Staff. Scavenger patrol and area monitoring this week was limited due to extensive periods of rain and wind. Week No. 3 ending April 11, 1999: Weather this week was much improved which provided for make up monitoring and patrol on the Eastside and Westside. During this week alone fifty (50) properties received flyers attributable to ordinance enforcement. Week No. 4 ending April 18, 1999: A complaint was investigated about haulers left at the curb on Shalimar. This was determined to be several multi - family homes with similar bad habits of not removing the haulers after collection. These addresses were tagged with courtesy flyers and rechecks will be made for compliance. A scavenger was stopped in Mesa Verde for collecting bundles of newspaper from the curb. He refused to provide his license and drove off as his vehicle plate was being noted. His description and vehicle was then reported to Costa Mesa Police. Week No. 5 ending April 25, 1999: Fourteen (14) multi - family dwellings on Joann Street, including the rear alley, were checked to verify that separate containers were not being used. Three (3) properties were found with visible containers. Photos were taken and data pre- sented to Staff. Monitoring this week in all areas of the District produced eighty -eight (88) properties where courtesy flyers were left. W i • • v RONALD SHEF 2780 WAXWING.CIRCLE COSTA MESA, CA 92626 (714) 754 -0640 COSTA MESA SANITARY DISTRICT APRIL 25, 1999 SUBJECT: ORDINANCE ENFORCEMENT OFFICER - CONTRACT BILLING March 22, 1999 Contract Services 3.75 hours March 23, 1999 " 2.75 TT March 261 1999 " " 2.00 IT March 299 1999 " 'T 1.75 IT March 30, 1999 " TT 3.75 TT April 01, 1999 TT TT 1.75 'T April 05, 1999 'T TT 3.75 " April 07, 1999 TT TT 4.50 TT April 08, 1999 " 'T 4.25 " April 13, 1999 T' " 2.25 " April 14, 1999 " " 3.00 " April 15, 1999 " 'T 8.25 Tr April 19 , 1999 TT TT 5.75 TT April 20, 1999 TT TT 2.50 " April 21, 1999 TT TT 4.00 " April 229 1999 TT TT 3.50 TT April 23, 1999 TT TT 3.75 " Total hours ending April 25, 1999 (5 weeks) ......... 61.25 hours Total Amount Due .................$1,699.69 0 THANK YOU SJwje pa -Zion T>"rART- 3/22/99 -`N D +126199 nnfa Rfreet Index Address Street Name Code Enforcement Report Description of Violation Action 3 22 9y 34-10 Zi2(, D2A Ke- iAv. /N .� "/APB i/A)X 144:4Y,5n_ ,r I► 275'0 11 /' If , 6020 283 / PIZ-TO-l-A /' " 4-7/0 308q t102t I.N. �� /, 7530 0024- ' k�A2(ZEN t A). 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A i`CcJ/1.(3 H 2 0 / 5/ �� o.� r. � /il ✓� e7i 0270 20/41 l!C / ✓tee -s�o� � �- �c,•�2b l �ZZ DU S ,l �l 157 '� /t/� P�N/C Tt� /- ESij�c7t1T �1 5'8610 Ala/ � ,SO /O 333 /%fESA �2. /�U ✓i�u� 0,0 << l 90 2(.9,? iiv ✓iEK) 011) Ac SA, � (0620 262 SAN7-rm7o-MRS S. /,v r/16-�kj ► 11 2('5-A43 // j1i Gv2d3 ,r ,l 10590 2 G32 A -C Sin, , PWA A v jA-) ✓>Ery ,, 9 0 0 4.9'.. i MP99 -040 COSTA MESA SANITARY' DISTRICT DEPARTMENT OF FINANCE w`�Po� 'INTEROFFICE MEMORANDUM DIRECTOR OF PUCKETT TO: LOIS THOMPSON, MANAGEMENT ANALYST FROM: MARC R. PUCKETT, DIRECTOR OF FINANCE DATE: MAY 6,1999 SUBJECT: MILEAGE REIMBURSEMENT RATE You had requested that I review the mileage reimbursement rate for board members who use their personal vehicle while conducting District business. It is my understanding that your request was a result of an inquiry by a board member. • The current mileage reimbursement rate for board members is 27.5 cents per mile. If the business travel is to a conference where air passage is an option, then the mileage reimbursement rate is limited to the lesser of the cost of the air fare or reimbursement based upon actual miles driven. is The current Internal Revenue Code (IRC) rate for reimbursement is 31.5 cents per mile. The difference of 4 cents per mile is deductible as an unreimbursed employee business expense on form 2106. Pursuant to Section 3.03.060 of the Sanitary Districts' Operations Code, the District has adopted and ratified the City of Costa Mesa's policies, personnel rules and provisions regarding benefits and compensation as its own. In order to change the City's mileage reimbursement rate up to the IRC rate, an administrative regulation must be changed to reflect the new rate. I have initiated the procedure necessary for this to occur. In the meanwhile, if you have any further questions in regards to this matter, feel free to contact me at your convenience. MARC R. PUCKETT Director of Finance Attachments • delegated in this Code. In his absence, the Vice - Secretary may perform those duties. Section 3.01.080. Appointments. That as soon as practicable after the results of a District election have been certified and the officers have taken their oaths, other appointments to various bodies shall also be made. Section 3.01.085. Vacancies. Vacancies on the Board shall be filled in accordance with Health and Safety Code Section 6483 and Government Code Section 1780. Section 3.01.090. Conferences, Travel and Expenses. Board members are authorized to attend any meeting, conference or seminar reasonably related to District business within Orange County without prior Board approval and to have such expenses reimbursed. No Board member shall incur such expense outside Orange County without prior Board approval. Board members shall present their reimbursement requests for such expenses including, but not limited to, registration, travel, meals, and publications, to the Board by invoice or other suitable substantiation supported by receipts or similar proof of payment. Nothing stated herein is meant to be a limitation on a' Board member's right to attend any event at the Board member's own expense. The Board shall be cognizant of the Brown Act when two or more members may be at the same event. Section 3.01.100. Interaction with Staff. Requests for information may be made . by individual Board members and will be responded to unless the Manager determines that it would involve an inordinate amount of time, in which case he may ask that the item be placed on the agenda for full Board action. Copies of materials prepared for one Director shall be distributed to all Directors. Board members should only direct staff to take action when done as part of Board action during a meeting. Any Board member shall have the right to have such matters placed on the agenda for discussion. • Chapter 3.03 - Officers and Employees Section 3.03.010. District Manager. The Board may appoint a District Manger to plan, manage, and operate the District and to report to the Board. Said duties may be more fully set forth in the District's job description for said position and in any employment contract with said person which shall be kept with the District's official records. Section 3.03.020. District Engineer. The Board may appoint an engineer to design various projects for the District and to render engineering advice to the District. Section 3.03.030. District Counsel. The Board may appoint a general counsel to provide it with legal advice and render other legal services. The duties to be provided shall be set forth in said Attorney's retainer agreement. • Section 3.03.040. Treasurer. Pursuant to Health and Safety Code Section 6001, the District shall appoint a treasurer to be responsible for the safekeeping, investment and payment of District monies. A surety bond shall be fixed by the Board and maintained at all times. The Board has determined that a master bond may be used that meets the requirements of Government Code Section 1481. Section 3.03.050. Employees. District has entered into a contract with the City of Costa Mesa by which certain employees are assigned for District use in consideration of District's payment of money and providing sewer, trash collection and related services. Said employees may be assigned on an exclusive or non - exclusive basis, according to the terms of the contract. !'P�11' Section 3.03.060. Employment Policies. Pursuant to the Board's contract with the City of Costa Mesa to provide and assign employees to District in exchange for such compensation as set forth in said agreement, the District has adopted and ratified the City of Costa Mesa's policies, personnel rules and provisions regarding benefits and compensation as its own. Section 3.03.070. Staff Expenses. No staff person or person other than a Board member shall incur any expense for reimbursement for travel, conferences, meetings, seminars or related matters without prior Board approval. The Board may approve • recurring or ongoing expenses. • 6 In .7 • • ADMINISTRATIVE REGULATION CITY OF COSTA MESA A. R. 3.10 (Revised) Section 1 -7 Page 2 of 4 January 1, 1991 Department five weeks prior to departure date. They will be paid by city warrant. In either case, the employee will be notified by the Finance Department when the requested funds become available for pickup. Advancing of money for travel expenses does not constitute approval for the expenditure of the entire amount so advanced, as all expenditures must be justified and approved. F. No reimbursement shall be made for any person other than the employee authorized to attend the conference or meeting. III. EXPENDITURE GUIDELINES: A. Transportation Tourist class airplane passage will be considered standard for all out -of -state travel. Air travel is usually more economical in time and money than other modes of transportation in making long trips. Round trip tickets shall be purchased whenever air transpor- tation is used. Receipts for transportation expendi- tures must be obtained and submitted with the expense claims. No travel allowances will be made in excess of actual costs of transportation. Use of personal automobiles for out -of -state travel must be approved when the convenience of the City is served, and under certain circumstances when the convenience of the employee is served. When personal automobiles are approved for out -of -state travel, total payment for travel will not exceed the cost of tourist class air passage. Use of personal automobile for out -of -city trips within the state may be approved by the City Manager. When_thiG mode ^F a i on ]aPd a flat rate of twenty-seven and one -half (27.5) cents Per mile will a ly; however, in no case wi a amount paid exceed t e cost of air passage. Parking and /or storage costs will also be allowed. When 'air transportation is used, expenses for local transportation such as taxicab, bus fare, and car rental will be allowed whenever such transportation is necessary for the conducting of City business. i MP99 -043 yta MFS } �a COSTA MESA SANITARY DISTRICT DEPARTMENT OF FINANCE co.. 9y MARC R. PUCKETT "Paa' INTEROFFICE MEMORANDUM DIRECTOR OF FINANCE TO: SANITARY DISTRICT BOARDMEMBERS FROM: MARC R. PUCKETT, DIRECTOR OF FINANCE DATE: MAY 13,1999 SUBJECT: CANCELLATION OF SUPPLEMENTAL TAXAPPORTIONMENT DATED MARCH 18,1999 On March 25`h, I received notice from the County Controllers' office that the supplemental tax apportionment scheduled to be paid on March 18`h had been canceled. The reason stated in the notice (copy attached) was that the County needed the funds to pay /finance $1.14 million of negative supplemental assessments which were issued in late March, 1999. The notice further indicated that the balance of February's collections were to be included in April's apportionment. The total amount of Sanitary District tax apportionment funds withheld were $309.40. A copy of the apportionment report for the month of April is attached. There is language in the state tax law which requires, "distributions to be made on a timely basis but no later than 30 calendar days after the close of the preceding monthly or four- weekly accounting period." There does not appear to be authority existing within the state tax law which permits withholding of the apportionment payments. However, I have referred the matter to the City Attorney for his further review to determine if, in fact, any authority exists which authorizes the County to withhold tax collections longer than 30 days. In addition, I spoke with Neil Gruber of the County Controller's Office. He acknowledged that there is a law covering the distribution of tax collections and appeared to be very familiar with the language. Further, he stated that the County had sent out an apportionment schedule which outlined that the apportionment payment schedule may be changed. The memo (copy attached) stated that, "any substantial deviation from past collection experience would necessarily require us to adjust our apportionments accordingly" and "unforeseen problems could cause distribution dates to change." Unforeseen problems which might occur were not defined in any manner. Also, he stated that there was no contract with the City to collect taxes. He further explained that there are six separate funds which tax collections are deposited into. They are current secured, current unsecured, delinquent secured, delinquent unsecured, current supplemental, and delinquent supplemental. He explained that the withholding of March supplemental tax collections was caused by negative supplemental refunds to taxpayers issued in late March. The supplemental tax collections were offset against the negative supplemental refunds to avoid negative cash flow for the month. He underscored that supplemental tax apportionment payments were not canceled, just delayed. He did not provide any statutory citations which authorized this type of an offset. In addition, he stated that other Counties kept all supplemental tax apportionment in a common fund and did not choose to make monthly payments. Again, no legislative authority was proffered for these claims. This incident, although not material to the Sanitary District in terms of the amount of money involved, is a cause for concern whenever it appears that actions were taken which may not have been legally authorized. Once an opinion is received from the City Attorney's office, the Board will be updated regarding final disposition of this matter. MAR O. PUCKETT Director of Finance Attachments Uri'." , 99 MAR 2 ; At I0 C AUDITOR - CONTROLLER DAVID E. SUNDSTROM, CPA AUDITOR. - CONTROLLER Hall Of Finance & Records 12 Civic Center Plaza P.O. Box 567 Santa Ana, California 92702 -0567 (714) 834 -2450 FAX: (714) 834 -2569 March 22, 1999 TO: All Taxing Agencies Finance Directors SUBJECT: - Cancellation of Supplemental Tax Apportionment Dated March 18, 1999 We regrettably need to inform you that the supplemental tax apportionment of February 1999 collections dated March 18, 1,999 has been canceled. The February tax collections-of $1.90 million are needed to pay /finance $1.14 million of negative supplemental assessments which will be issued in late March 1999. The balance of February's collections will be included in April's apportionment. The next supplemental tax apportionment is still on schedule for April 20, 1999. Please contact Neal Gruber or Megan Nguyen of our Tax Unit at (714) 834 -4437 if you have any questions. NG:mn CAWIy Documents \Typing \Cancelapportmt.doc v David E. Sundstr Auditor - Controller l AC63EIUG 1996 -99 APPORTIUNMLNT AS OF 04 -20-99 SCHLU SR "240 SUPP BULL o i t1 APPUit T 1965+ FUND/ OLD AGENCY F014D FUND ULSLRIPTIUN C16 Ouyj-U1 COSTA MLSA SANITARY 015T-W -NERAL FUND Sgl C16 0095 -01 RFFUNT)5 SUBTOTAL C16 FUND TUTAL MANAGEMENY TKASIIRY h(`!1`�IUfI AMOUNT 323.77 14.37- 309.40 3U9.40# APR 22 1999/8:36 AM/ +389.48 RCPTN:81- 8840425 SR246 SUPP ROLL 6TH APPORT 1985 PLUS CJ� VTY Q F RANGE OFFICE OF AUDITOR- CONTROLLER July 16, 1998 TO: All Taxing Agencies in Orange County ATTENTION: Finance Directors SUBJECT: Property Tax Apportionments- Fiscat Year 1998 -99 STEVEN E. LEWIS AU O1TOA-CoNTAOLLER FINANCE BUILDfNG 12 CIVIC CENTER PLAZA P. O. BOX 587 SAMTA ANA. CA 92702.05 07 TELEPHONE: (71e) 83,1.2450 PAX: 1(7t4) 0342369 We are pleased to again advise you of our plan for distribution of tax collections to your agency for the next fiscal year. This proposed distribution plan is for anticipated tar collections based on historical experience. Any substantial deviation from past collection experience would necessarily require us to add t ouLapportionments accordingly. Secured and unsecured tax apportionments are apportioned based on actual collections rather than on a percentage advance basis. Tar a2gortionments are planned for the scheduled dates below; however, unforeseen problems could cause distribution dates to change: Secured: All Funds—Teeter and non - Teeter: Estimated Apport Apport Available Actual Amount to Percent of %r1%Mkrr hate tight he Annnrrinnwei fie -ffrrA i ew 1 11 -24-98 11 -25 -98 Collections at 11 -20 -98 7% - 10% 2 12 -10 -98 12 -11 -98 Collections at 12 -04 -98 14% -18% 3 12 -17 -98 12 -18 -98 Collections at 12 -11.98 20%- 24% 4 01 -21 -99 01-22-99- Collections at 01.15 -99 3%_6% 5 03 -25.99 03 -26.99 Collections at 03 -19 -99 5%-1% 6 04 -15 -99 04 -16.99 -" Collections at 04 -09 -99 25% - 309A 7 63 -13 -99 m44-99 - Collections at 05 -07 -99 3%_5% Final 07 -15 -99 07-16-99,- Final Collections at Year -end 1%-3% Secured Teeter Funds only: Apport Number b F042.29 Available Actual Amount to Date be Aneortioned } Estimated Pe=t of Secured Lev IV. - AGA i 11/ W-V 17715 14'1_4 U L MU111 I UM UUIV I MULLCM : (U14.:rJ14U Taxing Agc:neles in Orange County July 16. 1993 1'agc 2 Prior Yeor Secured T:. cs end Prior Year .SecllfCtl f7Cn.Jl(rgi: nf)n- neetcr [un(1% nn1y; 2 09 -09 -98 09 -10 -98 Apport Apport Available Collections I'ur the Number Daw nat.. m..nfah nr 1 08- 12 -9.5 03 -13.93 Jul 2 09 -09 -98 09 -10 -98 Au¢ust 3 10 -14 -93 10 -15 -98 September 4 11 -10.98 I1 -12.93 October 5 12 -09.93 12 -10 -93 November 6 01 -13.99 , 01- 1:1 -99 Dccernber 7 02.10 -99 — 02.11.99 January 3 03 -10 -99 03 -11 -99 Febrwry 9 04 -14 -99 — 04 -15.99 March 10 05 -12 -99 05 -13 -99 Aril 11 06.09 -99 06.10.99 May 12 07 -20 -99 77 07 -2 t -99 June The following schedules apply to both Teeter and non - Teeter funds: Unsecured: Estimated Apport Apport Available Actual Amount to Percent of Number Date Date he Annortioned Secured I_zw 1 09 -23 -98 09.24 -98 Collections at 03.31 -93 80% - 85% 2 01-14 -99 01 -15 -99 Collections at 12 -31 -98 5 %- 10% Final 06 -17 -99 04 -18 -99 Collections at 05 -31-99 3%-6% Srace- Assessed Public Utility— Unitary and Operating non- Unitary: Estimated Apport Apport Available Actual Amount to Percent of Number Date Date be Annortioned Secured Lew 1 02.04 -99 02 -05 -99 V Installment Collections a9e - 500/0 2 05 -20 -99 1 05-21-99-"l 2"d Installment Collections 49%-50% $24Diemental: Apport Apport Nnmhor narr Available Actual Amount to M?* hp Onnnrtinnprl 1 03 -20 -98 08 -21.98 CoUectioas for Jul 2 09 -21 -98 09-22 -98 Collections for August 3 10 -20 -98 10 -21 -98 Collections for S tember 4 11 -19 -98 11 -20 -98 Collections for October 5 12 -2I -98 12 -22 -93 Collections for November 6 01 -20 -99 01 -21 -99 — Collections for December 7 02.18.99 02 -19.99 , Colked'ons for Janury 8 03.18 -99 03 -19 -99 — Collections for Febtit 9 04.20 -99 04-21-99— Collections for March 10 05 -20-99 05 -21.99 Collections for A rd 11 06 -21 -99 06.22 -99 Collections for May 12 07 -19-99 07 -20-99 Collections for law IVU. eJ11 IyUJ Taxing Agencies in Orange County July 16, 1993 Page 3 Dtaimptent St,pplcntcnrn!'1'a. cs antl Pennhics- Apport Apport Available Actual Amount to Number Date Dare be Apportioncd ! 07•Z1.99 07 -22 -99 i 07.01.98 through 06 -30 -99 Collections Prior Year Onsect!«tt: Apport Apport Available Actual Amount to NUmher Date ❑ere hp Annnrtinned 1 06.17 -99 06 -18 -99 06 -01.98 ittrough 05 -31 -99 2 01.07 -99 01 -08 -99 / Collections Homeowners Property Tax Relic Apport Apport .Number Date Available Actual Amount to tier- h- Annnrt;nn,-ri t 12 -I0.9s 12 -11 -98 15% 2 01.07 -99 01 -08 -99 / 35% 3 05 -10-99 05 -11 -99 35% 4 06 -10-99 06 -11.99 — 15% Educational Revenue Ausmentation Tax Fund (Schools only): Apport Apport Available Mirnher liner• ntex Estimated Amount to A& AnwArti A.AA 1 12 -14 -98 12 -15 -98 100/c.20% 2 02 -05 -99 02 -08 -99 30% -35% 3 04 -22 -99 04 -23 -99 25%.30% 4 05 -22 -99 05 -23 -99 5%-10% 5 06 -I4 -99 06-15.99 1%-S% 6 06 -29 -99 06 -30 -99 Balance in Fund The amount of each actual apportionment may. be estimated by applying the percentage shown to the actual levies for your various funds as shown on the computer listings identified as Secured Tax charge and Homeowners Tax Charge, which will be sent to you as soon as they are available during the fourth week of September. Collection charges, if appropriate, will be deducted from the following apportionments: Secured, Unsecured, Prior Year Secured, Prior Year Secured Penalties, Prior Year Unsecured, Teeter Plan Secured, and Public Utility— Unitary and Operating non- Unitary. For the apportionment dates in the above schedule, payments will be made by (EFT) Electronic Fund Transfer to those agencies who use a depository other than the County Treasury, while a journal voucher transfer will be made by this office crediting the funds of those agencies using the County Treasury as their depository. Taxing Agencies in Orange County July lG, 1993 Pagc 4 Interest camcd on nroncrty rtx cUl1cc11Anssrlor to apportionment is 111ocatcd and di5triblltC(l to all taxing agencies, based on calculations by the County Treasurer -Tar Collector at the end of the fiscal year. We hope this scheclttle will assist you in planning your fiscal program for the year. Please contact Neal Gruber of our Tax Unit at (714) 834 -4437 if you have any questions regarding this schedule. X144,41 Steven E. Lewis Auditor- Controller NGG:lr (TaxApprt/ops) cc: John Moorlach, Treasurer -Tax Collector Gary Cowan, Treasurer -Tax Collector Darlene Kataoka, Treasurer -Tax Collector Kim Hanson, Treasurer -Tax Collector Wendy Margarita, Department of Education Richard Scrich, Department of Education Cathy Bogs, Department of Education Tom Sacco, County Executive Office Jim McConnell, Auditor - Controller Ian Grimes, Auditor - Controller Bob Leblow, Auditor - Controller Kathy Permenter, Auditor - Controller Neal Gruber, Auditor - Controller Win Swe, Auditor- ControlIer Colin Hoffmaster, Auditor - Controller Patsy Aguirre Auditor - Controller Steve Siemion, Auditor - Controller John Wheeler, Auditor- Controller Pradeep Parikh, Auditor - Controller Sam Brandt, Auditor - Controller MP99 -043 4`o5ta MFS9 COSTA MESA SANITARY DISTRICT i° DEPARTMENT OF FINANCE MARC R. PUCKETT INTEROFFICE MEMORANDUM DIRECTOR OF FINANCE RpaQpO TO: SANITARY DISTRICT BOARDMEMBERS FROM: MARC R. PUCKETT, DIRECTOR OF FINANCE DATE: MAY 13, 1999 SUBJECT: CANCELLATION OF SUPPLEMENTAL TAX APPORTIONMENT DATED MARCH 18,1999 On March 25`h, I received notice from the County Controllers' office that the supplemental tax apportionment scheduled to be paid on March 18`h had been canceled. The reason stated in the notice (copy attached) was that the County needed the funds to pay /finance $1.14 million of negative supplemental assessments which were issued in late March, 1999. The notice further indicated that the balance of February's collections were to be included in April's apportionment. The total amount of Sanitary District tax apportionment funds withheld were $309.40. A copy of the apportionment report for the month of April is attached. There is language in the state tax law which requires, "distributions to be made on a timely basis but no later than 30 calendar days after the close of the preceding monthly or four - weekly accounting period." There does not appear to be authority existing within the state tax law which permits withholding of the apportionment payments. However, I have referred the matter to the City Attorney for his further review to determine if, in fact, any authority exists which authorizes the County to withhold tax collections longer than 30 days. In addition, I spoke with Neil Gruber of the County Controller's Office. He acknowledged that there is a law covering the distribution of tax collections and appeared to be very familiar with the language. Further, he stated that the County had sent out an apportionment schedule which outlined that the apportionment payment schedule may be changed. The memo (copy attached) stated that, "any substantial deviation from past collection experience would necessarily require us to adjust our apportionments accordingly" and "unforeseen problems could cause distribution dates to change." Unforeseen problems which might occur were not defined in any manner. Also, he stated that there was no contract with the City to collect taxes. He further explained that there are six separate funds which tax collections are deposited into. They are current secured, current unsecured, delinquent secured, delinquent unsecured, current supplemental, and delinquent supplemental.. He explained that the withholding of March supplemental tax collections was caused by negative supplemental refunds to taxpayers issued in late March. The supplemental tax collections were offset against the negative supplemental refunds to avoid negative cash flow for the month. He underscored that supplemental tax apportionment payments were not canceled, just delayed. He did not provide any statutory citations which authorized this type of an offset. In addition, he stated that other Counties kept all supplemental tax apportionment in a common fund and did not choose to make monthly payments. Again, no legislative authority was proffered for these claims. This incident, although not material to the Sanitary District in terms of the amount of money involved, is a cause for concern whenever it appears that actions were taken which may not have been legally authorized. Once an opinion is received from the City Attorney's office, the Board will be updated regarding final disposition of this matter. MAR 94. PUCKETT Director of Finance Attachments 99 MAR 2 hfjfi 10: 0C AUDITOR - CONTROLLER DAVID E. SUNDSTROM, CPA AUDITOR - CONTROLLER Hall Of Finance & Records 12 Civic Center Plaza P.O. Box 567 Santa Ana, California 92702 -0567 (714) 834 -2450 FAX: (714) 834 -2569 March 22, 1999 TO: All Taxing Agencies Finance Directors SUBJECT:. Cancellation of Supplemental Tax Apportionment Dated March 18, 1999 We regrettably need to inform you that the supplemental tax apportionment of February 1999 collections dated March 18, 1999 has been canceled. The February tax collections-of $1.90 million are needed to pay /finance $1.14 million of negative supplemental assessments which will be issued in, late March 1999. The balance of February's collections will be included in April's apportionment. The next supplemental tax apportionment is still on schedule for April 20, 1999. Please contact Neal Gruber or Megan Nguyen of our Tax Unit at (714) 834 -4437 if you have any questions. David E. Sundstr Auditor - Controller NG:mn CAMy Documents \Typing \Cancelapportmt.doc AC63Elut 1996-99 APPORTIUNMLNT AS OF 04-20-99 SLHLU SR24b SUPP DULL oTFi APPOINT 1965+ FUND / 0 L D AGLNCY FUND FUNU ULSC:RiPTION C16 UUy3 -01 COSTA MLSA SANITARY U1ST-UL-NERAL FUND S°11 C16 0095 -01 RFFUNDS I SUBTnTAL 1 C16 FUND TOTAL MANAGEMLNI TREASURY I`4`JI`�IOI''1 AMOUNT 323.77 14.37- 309.40 3U9.4O;x APR 22 1999/8:36 AM/ +309.40 RCPTR:01- 0040425 SR246 SUPP ROLL 6TH APPORT 1985 PLUS �.l VTY OF RANGE OFFICF_ OF AUDITOR - CONTROLLER July l6, 1998 TO: All Taxing Agencies in Orange County ATTENTION: Finance Directors SUBJECT: Property Tax Apportionments— Fiscal Year 1998 -99 STEVEN E. LEWIS Au Ciran.CONTAOLLER FINANCE SUILOING 12 CIVIC CENTER PLAZA P O. BOX 507 $AMTA ANA. CA 927()2.0557 TELEPHONE; (71 Ai $34 -2450 cnx: 1(714) 94.2589 We are pleased to again advise you of our plan for distribution of tax collections to your agency for the nest fiscal year. This proposed, distribution plan is for anticipated tax collections based on historical experience. Any substantial deviation from past collection experience would necessarily require us to adLt o_ ur apportionments accordingly. Secured and unsecured tax apportionments are apportioned based on actual collections rather than on a percentage advance basis. Tar apportionments are planned for the scheduled dates below; however, unforeseen problems could cause distribution dates to chanee: Secured: All "grids—Teeter and non - Teeter: Estimated Apport Apport Available Actual Amount to Percent of Number Date Date he Annnniened Secured IAvv 1 11 -24-98 11 -25 -98 Collections at 11 -20 -98 7% -10% 2 12 -10 -98 12 -11 -98 Collections at 12 -04 -98 14 % -18% 3 12 -17 -98 12.18.98 Collections at 12 -11 -98 200/6-24% 4 01 -21 -99 01-22-99- Collections at 01.15 -99 3 %- 6% 5 03 -25.99 03 -26-99 - Collections at 03 -19 -99 5%-7% 6 04 -15 -99 ' 04- 16 -99-' Collections at 04 -09 -99 25 %- 30% 7 05 -13 -99 05-14-99- Collections at 05 -07 -99 3%-5% Final 07 -15 -99 07.16 -99 - Final Collections at Year -end 1%-3% Secured Tee= Funds only: Estimated Apport Apport Available Actual Amount to Percent of Number I Date Date be A rtiotted Secured Levy 1 1 07 -21 -99 1 07 -22 -99 1 Actual Final Delinquencies 1 2%-49/a i 11/03/1598 14:24 U 1. HULA 1 I UK l_ UN I KULLttt -71 'J (M4MU4U Taxing Agencies in Orange County July I G. 1 993 frage 2 Prior Yc::ir Secured T;=s end Prior Ycar Zcurctl Penalties: neon = rcttcr Fttnik only: 2 09- 09 -9:3 09.10.93 Apport Apport Available Collections I'ur thu ti un,her lute III r.. 11Innr1, nr 1 03- 12.95 08.13.93 Jul 2 09- 09 -9:3 09.10.93 August 3 10 -14.98 10 -15 -98 Sr tember 4 11 -10.98 11 -12.93 October 5 12 -09.93 12 -10 -93 November 6 01.13 -99 — 01 -14 -99 December 7 02.10 -99 — 02.11.99 January 3 03.10 -99 03 -11 -99 Fcbni3ry 9 04 -14 -99 — 0-1-15.99 March 10 05 -12 -99 05 -13 -99 Aril I1 06.09 -99 06.10.99 May 12 07 -20 -99 07 -21.99 June The following schedules apply to both Teeter and non - Teeter funds: Unsecured: Estim2ted Apport Apport Available Actual Amount to Percent of Milmhor Date Dnte he Annortioned Secured Levv I 09 -23 -98 1 09.24 -98 Collections at 03.31 -93 80%-85% 2 01 -14 -99 01 -15 -99 ' Collections at 12 -31 -98 5 %- 10% Final 06 -17 -99 1 06 -18 -99 Collections at 05 -31-99 1 3%.6% State- Assessed Public Utility- Unirary and Operating- non - Unitary: Estitna:ed Apport Apport Available Actual Amount to Fercent of N.,..,i%f.r nare note he Annertioned Secured i_ew 0 Z•04 -99 02 05 -99 ? Installment Collections 49% - 50% 2(05-20-99 1 05- 21 -99-' 2nd Installment Collections 49%-50% Supoiemencnl: Apport Apport Available Actual Amount to nAfe Hato hP ®nnnrfinnm 1 0 03-20 -98 0 08 -21 -98 C Collections for Jul 2 0 09 -21 -98 0 09 -22 -98 C Collections for August 3 1 10 -20 -98 1 Supoiemencnl: Apport Apport Available Actual Amount to nAfe Hato hP ®nnnrfinnm 1 0 03-20 -98 0 08 -21 -98 C Collections for Jul 2 0 09 -21 -98 0 09 -22 -98 C Collections for August 3 1 10 -20 -98 1 10 -21 -98 C Collections for September 4 1 11 -19 -98 1 11 -20 -98 C Collections for October 5 1 12 -21 -98 1 12 -22 -93 C Collections for November 6 0 01 -20 -99 0 01.21 -99 — C Collections for December 7 0 02.18.99 0 02 -19-99 C Colketions for hattuary 8 0 03.18 -99 0 03 -19 -99 — C CoIlections for Februasy 9 0 04 -20.99 0 04-21-99— C Collections for March 10 0 05 -20-99 0 05 -21 -99 C Collections for April 11 0 06 -2I -99 0 06.22.99 C Collections for May 12 0 07 -19.99 0 07 -20-99 C Collectiom for law ivu. e l 1 LOU-) Taxing Agencies in Orange County July 16, 1993 Page 3 0glin.mew 4tnnicnicnralTin:s anal Pen3lric.r- Apport Apport Available Actual Amount to Nunlbvr Datc Darc be A ortioncd IF 1 1 07.21.99 07 -22 -99 07 -01.98 through 06 -30 -99 Prior Y_tzar Unscctt[Ccl: Apport Apport Available Actual Amount to Number Date ❑ ee hr Annnrtinneef ! 06.17.99 06 -18 -99 06 -01.98 ituough 05.31 -99 2 01.07 -99 01 -08 -99 i Collections Homeowners ProVegy Tax Relicf: Apport Apport .Number Date Available Actual Amount to ante h. An.,nr#;.,. 4 l 12 -10-98 12 -11 -98 - Is% - -- 2 01.07 -99 01 -08 -99 i 35% 3 05 -10-99 05 -11 -99 35% 4 06 -10-99 06 -11.99 15% Educational Revenue Augmentation Tar, Fund (Schools onlv): Apport Apport Available Mirnhrr ring. nor. Estimated Amount to " A r -� I 12 -1448 12 -15.98 10°ro - 20% 2 02 -05 -99 02 -08 -99 30% -35% 3 04 -22 -99 04 -23 -99 25%-30% 4 05 -22 -99 05 -23 -99 5%-10% 5 06.14 -99 06-15.99 1%-S% 6 1 06 -29 -99 06 -30 -99 Balance in Fund The amount of each actual apportiotunent may be estimated by applying the percentage shown to the actual levies for your various funds as shown on the computer listings identified as Secured Tax charge and Homeowners Tax Charge, which will be sent to you as soon as they are available during the fourth week of September. Collection charges, if appropriate, will be deducted from the following apportionments: Secured, Unsecured, Prior Year Secured, Prior Year Secured Penalties, Prior Year Unsecured, Teeter Plan Secured, and Public Utility — Unitary and Operating non- Unitary. For the apportionment dates in the above schedule, payments will be made by (EFT) Electronic Fund Transfer to those agencies who use a depository other than the County Treasury, while a journal voucher transfer will be made by this office crediting the funds of those agencies using the County Treasury as their depository. • TaxinS Agencies in Orange County July 16, 1993 j Page 4 Interest cat'mcd an nroncrty tax collections prior to annortionment is aliocatctl ind distributctl to all taxing a�tencies, based on cniculations by the County Treasurer -Tae Collector at the end of the Fiscal year. We hope this schedule will assist you in planning your fiscal program for the year. Please contact Neal Gruber of our Tax Unit at (714) 834 -4437 if you have any questions regarding this schedule. X144�j"' Steven E. Lewis Auditor- Controller NGG:Ir (TaxApprt/ops) cc: John Moorlach, Treasurer -Tax Collector Gary Cowan, Treasurer -Tax Collector Darlene Kataoka, Treasurer -Tax Collector Kim Hanson, Treasurer -Tax Collector Wendy Margarita, Department of Education Richard Serich, Department of Education Cathy Boggs, Department of Education Tom Sacco, County Executive Office Jim McConnell, Auditor - Coatroller Jan Grimes, Auditor - Controller Bob Leblow, Auditor - Controller Kathy Permenter, Auditor - Controller Neal Gruber, Auditor - Controller Win Swe, Audi tor-ControlIer Colin Hoffmaster, Auditor - Controller Patsy Aguirre Auditor- ControIIer . Steve Siemion, Auditor - Controller John Wheeler, Auditor- Controller Pradeep Parikh, Auditor - Controller Sam Brandt, Auditor - Controller