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Minutes - Board - 1994-05-12 (2)1. • , COSTA MESA SANITARY DISTRICT Minutes of Board of Directors Meeting held May 12, 1994 Call to Order: The Board of Directors of the Costa Mesa Sanitary District met in regular session on May 12, 1994, 6:00 p.m., at the Civic Center, 77 Fair Drive, Costa Mesa. Director .Wapner called the meeting to order at 6:00 p.m. Director Ferryman led the Pledge of Allegiance. Director Reade gave the Invocation. Roll Call: Directors Present: James Wahner, Nate Reade, James Ferryman, Art Perry. Directors Absent: Mike Scheafer, excused absence. Staff Present: Robin Hamers, Manager/Engineer, Roy June, Attorney; Susan Temple, Treasurer, Florine Reichle, Assistant Manager /Clerk of the District; Dawn Guastella, Permit Specialist. Others Present: Tom Dawes, Orange County Sanitation District; Susan M. • Connelly, Recording Secretary. President Wahner welcomed Tom Dawes of the Orange County Sanitation District to the meeting. MINUTES OF APRIL 14,1994: The minutes of April 14, 1994, were approved unanimously as presented. STUDY SESSION REPORT - APRIL 22,1994: Mr. Hamers reported that the Board met on April 22, 1994, and discussed the preliminary financial analysis report comprised by Creative Management Solutions. All Directors we're present. More details would be given later in the meeting. WRITTEN COMMUNICATIONS: Mr. Hamers presented a card from Ms. Guastella expressing her gratitude to the Board and Staff for their understanding and support during her recent loss. Mr. Hamers presented a photograph photocopy of Director Ferryman celebrating at a Chamber of Commerce function. Mr. Hamers presented a copy of an article from the Orange County Register reporting the merger of two County districts, the Capistrano Beach County Water District and the Capistrano Beach • Sanitary District, which will create the Beach Cities Water District. The article reported that the COSTA MESA SANITARY DISTRICT Page 2 • Minutes - Board of Directors Meeting held May 12, 1994 merger will officially take effect on January 1, 1995. The newly formed District will temporarily keep a 10- member board, which will shrink to 5 within a four -year period. President Wahner noted that the merger was underway without the assistance of LAFCO, who is undergoing a sphere of influence study of South Orange County, but not directly involved with the consolidation of these districts. President Wahner announced the presentation of Resolution No. 94 -549 to the guest Mr. Tom Dawes. Mr. Hamers proceeded to read the Resolution as it was presented to Mr. Dawes, commending his performance while serving as the Orange County Sanitation District Director of Engineering and in appreciation of his valued and welcomed relationship with CMSD. The resolution is to be made a part of the permanent records of the District, signed by President Wahner and the Secretary, Director Reade. Board and Staff applauded the presentation. Mr. Dawes expressed his appreciation for the recognition and commented that throughout the many years of his working with over 23 cities and innumerable special districts, he found working with CMSD the most pleasurable experience. He commented that CMSD is among the most efficient and organized special districts in existence and a great service to their community. MANAGER'S REPORTS: OCCUPANCY REPORT: Mr. Hamers reported a decrease in the occupancy report by 7 units for solid waste collection as of May 1, 1994; therefore, the total for May is 22,285 units. Staff recommended the Board direct staff to prepare a warrant to Costa Mesa Disposal on June 1, 1994, for payment of May trash collection based on the occupancy report so long as contractor fulfills obligations of agreement. Motion to accept occupancy report as given so made by Director Ferryman, seconded by Director Reade. Motion carried 4 -0. Motion to prepare a warrant in the amount of $153,142.52 to Costa Mesa Disposal on June 1, 1994, so made by Director Reade, seconded by Director Perry. Motion carried 4 -0. REFUNDS: David Robertson, 174 Claremont Avenue, Long Beach, CA 90803 Mr. Hamers presented a request for refund of trash assessment fees for the 7 -unit property located at 2078 Garden Lane, Assessor's Parcel No. 426 - 232 -21 for the current tax year 1993 -1994. Owner using private service and was not aware of exemption form. Staff recommended in accordance with district policy to refund total request amount reflecting the current tax year in the amount of $1010.87. Motion so made by Director Ferryman, seconded by Director Perry. Motion carried 4 -0. • • COSTA MESA SANITARY DISTRICT Page 3 Minutes - Board of Directors Meeting held May 12, 1994 Apollo Development, P.O. Box 510 Tustin CA 92681 Mr. Hamers presented a request for refund of sewer assessment fees for a property known as Suburbia Park. Apollo Development owns a portion of the Suburbia Park which has no sewer facilities. Applicant requested refund of $13.38. Staff recommended a total refund of the requested amount. Motion so made by Director Reade, seconded by Director Perry. Motion carried 4 -0. SOURCE REDUCTION AND RECYCLING ELEMENT CA - INTEGRATED WASTE MANAGEMENT: STATUS OF CITY'S WASTE PROGRAM: Mr. Hamers discussed the issue concerning the scavenger problem as discussed at the last regular meeting. Reported that he and Ms. Reichle discussed this at one of their regular meetings with Bill Morris, City Director of Public Services. Reported that there is a City law against scavenging, however, enforcement is difficult and often a low priority to City entities responsible for enforcing the code. Mr. Hamers reported that the City is including an article about illegal scavenging in the next issue of the quarterly newsletter. The article is intended to educate the public in order to discourage illegal scavengers, while encouraging others to report incidents of illegal. scavenging. Overall, it is speculated that a greater public awareness should remedy or minimize the problem. SRRE EDUCATIONAL PROGRAM: Mr. Hamers reported his findings concerning whether or not the District can receive recycling credit for that collected by local school paper drives. He stated that the District can receive credit provided it can document the assessment of papers collected. However, after further investigation, it was discovered that the majority of schools in the area do not conduct paper drives, nor are they planning any in the future. Schools conducting paper drives on a regular basis reported tonnages that were non - effectual upon the District's yearly total. However, Mr. Hamers suggested the continuance of contacting area schools while working with the City's consultant Americlean, whom is also making efforts to account for undocumented recyclables. It was also suggested to contact other area schools and businesses within the City's jurisdiction in an effort to access recycling reports. It was unanimously agreed to direct Staff to continue research of school paper drives and ® the status of reported tonnage at Orange Coast College's recycling center. COSTA MESA SANITARY DISTRICT Page 4 Minutes - Board of Directors Meeting .held May 12, 1994 0 WASTE DIVERSION REPORT - APRIL 1994: Mr. Hamers reported 25.46 percent waste diversion for the month of April 1994. Total Tonnage: 2,703.71 Tonnage Recycled: 688.35 The report was approved as presented. LOCAL AGENCY FORMATION COMMISSION REPORT: INFORMATION: Mr. Hamers reported that he has been receiving copies of the minutes and agendas of LAFCO meetings to remain informed and updated. He stated that the primary topics are (1.) the merger of the two special districts, Capistrano Beach County Water District and Capistrano Beach Sanitary District, and (2.) the South Orange County study of the six special districts sphere of influence. Stated that President Wahner has attended all of the LAFCO meetings and could provide more detailed information. President Wahner reported that he and Director Reade recently attended a meeting of the • ISDOC board. Supervisor Bill Steiner suggested more involvement with special districts, and President Wahner concurred requesting additional meetings to be scheduled for setting up consolidation policies and procedures. President Wahner stated that this effort would allow the input of special districts and agencies to provide alternate guidelines. President Wahner reported that LAFCO appears to be understaffed. He estimated a six - or seven -month period before the sphere of influence study is completed. He noted that financial and service delivery studies must be completed before recommendations for consolidation may be introduced. The studies are necessary for determining whether a consolidation would result with (1.) a decrease in operating costs, and (2.) an improvement of services. These two factors are the guidelines for a consolidation. President Wahner commented on the possibility of individual entities inventing their own methods for resolving these factors. CREATIVE MANAGEMENT SOLUTIONS - FINANCIAL STUDY - PHASE II: PROPOSAL FOR ADDITIONAL STUDY SESSION: Mr. Hamers presented a proposal to conduct an implementation analysis for the District in accordance with the following work tasks: 1. Identify and recommend PERS Retirement Option. 0 I COSTA MESA SANITARY DISTRICT • Minutes - Board of Directors Meeting held May 12, 1994 2. Evaluate PERS Health Care Plan as compared with outstanding Blue Cross Plan offer and recommend plan option. 3. Analyze Social Security and Medicare Plan funding contribution requirements associated with new District employees. 4. Recommend target areas to initiate cost savings in 1994 -95 budget year given analysis of preliminary report. 5. Analysis and presentation of start-up costs associated with District acquisition of separate office and yard facilities, including purchase and lease options. 6. Analysis and presentation of start-up costs associated with District acquisition of additional equipment for separate office and yard facilities, including purchase and lease options. 7. Analysis of MIS conversion costs and coordination of RFI analysis • with MIS consultant. 8. Cost impact adjustment analysis for inclusion of Assistant City Engineer to City services staffing. structure. 9. Analysis of communications conversion costs. 10. Preparation and presentation of preliminary and final reports to the Board of Directors and designated District and City representatives. Page 5 Staff had reviewed the list and concluded it sufficiently covered the areas discussed at the April 22, 1994 study session and recommended approval. A motion to approve and accept the proposal by Creative Management Solutions for a cost not to exceed $4,500 so made by Director Reade, seconded by Director Perry. Motion carried 4 -0. TREASURER'S REPORT: FINANCIAL REPORT: Ms. Temple presented the report dated April 30, 1994. Motion to receive and file the report as presented so made by Director Ferryman, seconded by Director Reade. Motion carried 4 -0. COSTA MESA SANITARY DISTRICT Page 6 Minutes - Board of Directors Meeting held May 12, 1994 • TREASURER'S REPORT FOR THE MONIES ON DEPOSIT: Ms. Temple presented the report for February 1994. Motion to receive and file the report of monies on deposit as presented so made by Director Reade, seconded by Director Perry. Motion carried unanimously. ENGINEER'S REPORT: Mr. Hamers suggested scheduling a study session to review and discuss the 1994 -1995 budget. A luncheon study session was set for Monday, June 6, 1994, with a light luncheon served at 11:30 a.m., and the meeting beginning at noon. PROJECT STATUS REPORT: Mr. Hamers stated that there was nothing to report. DEVELOPMENT UPDATE: Mr. Hamers stated that there was nothing to report. is REVIEW OF SEWER PLANS: Mr. Hamers presented a letter regarding his review of sewer plans on a project at 369 22nd Street. The Board was requested to review the project plan and determine whether a conflict of interest exists. Mr. June reported that Mr. Hamers had disclosed to the Board that he represented a private developer. Mr. June related that this granted the Board privilege to inquire about specifications concerning whether or not special treatment had been exercised because the developer was a personal client. President Wahner addressed Mr. Hamers and asked if Mr. Hamers had granted any special favors to the developer. Mr. Hamers replied that he did not. President Wahner asked if Mr. Hamers complied with all the standards of specifications. Mr. Hamers replied affirmatively that he did so comply to all the standards of specifications. Mr. Hamers added that he would not take a project as a private engineer that would involve allowing any opportunity other than tying into an existing lateral and a payment of fees. The Board accepted these comments and expressed their utmost confidence in Mr. Hamers and his performance as the Manager/Engineer of CMSD. • • COSTA MESA SANITARY DISTRICT Minutes - Board of Directors Meeting held May 12, 1994 Page 7 A motion was made to establish that there was no existing conflict of interest. Motion so made by Director Reade, seconded by Director Perry. Motion carried 4 -0. PROJECT NO. 130 - RECONSTRUCTION OF ELDEN FORCE MAIN: EMERGENCY REPAIR: Mr. Hamers reported an emergency involving a rupture of an old line on Newport Boulevard near the construction of a new line. The old line dispensed sewage onto the street surface of Anniversary Lane. Mr. Hamers referred to a copy of his letter to the California Regional Water Quality Control board explaining the incident. Mr. Hamers reported prior to the rupture next to the new line, a section of the old line also ready to rupture was discovered. A change order was issued to the contractor for the purchase of two clamps, which were used on the line to prevent its rupturing. Stated that no action is necessary at the present time since costs are unknown; this item would be on next month's warrant list. • Mr. Hamers stated that three out of four phases have been completed of the entire force main project. PROJECT NO. 137 - PROPOSAL TO BEGIN DESIGN: Mr. Hamers presented the yearly televising project proposal. Approval of the proposal would provide CMSD with on -call televising -line services. Staff discussed the practicality of this service, noting that the accuracy of this technology to identify exact locations and problems within the sewer lines serves to eliminate many delays. Staff recommended the board approval of this 1993 -1994 contract recommending the District to issue a purchase order to the present televising contractor, National Plant Services, for costs not exceeding $5,000. Motion to approve so made by Director Reade, seconded by Director Ferryman. Motion carried 4 -0. Motion to approve design and inspection services by Robin Hamers & Associates at an hourly rate not to exceed $2,500 and $3,500 respectively so made by Director Reade, seconded by Director Ferryman. Motion carried 4 -0. ATTORNEY'S REPORT: POLICIES UPDATE: Mr. June reported and presented the following policy updates for Board approval. • COSTA MESA SANITARY DISTRICT Minutes - Board of Directors Meeting held May 12, 1994 Page 8 • RESOLUTION NO. 94 -541, ADOPTED APRIL 14, 1994, - SOLID WASTE RATE PROCEDURE - CHANGE TO RESOLUTION NO. 94 -545: Mr. June presented the proposal, which was misnumbered and requiring the change of the resolution number to 94 -545. Motion to accept the change of the resolution number so made by Director Reade, seconded by Director Perry. Motion carried 4 -0. RESOLUTION NO. 94 -546 - ADOPTING SDRMA CLAIMS MANUAL: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT ADOPTING THE CLAIMS MANUAL PROVIDED TO THE DISTRICT BY SPECIAL DISTRICTS RISK MANAGEMENT AUTHORITY AND STATING REASONS THEREFOR. Mr. June reported that he had attained and reviewed the SDRMA claims manual. He reported that it is very well written and recommended Board approval. Motion to adopt Resolution No. 94 -546 so made by Director Ferryman, seconded by Director Perry. Motion carried 4 -0. • RESOLUTION NO. 94 -547 - TRASH COLLECTION EXEMPTION AND REFUND POLICY: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT ESTABLISHING REFUND AND EXEMPTION RULES FOR CERTAIN SOLID WASTE COLLECTION ACTIVITIES AUTHORIZED BY ORDINANCE 4 PASSED AND ADOPTED JUNE 5, 1968 REDUCING TO RESOLUTION FORM A LONG - STANDING POLICY OF THE BOARD RELATING THERETO. Mr. June reported that extensive studies and changes have been made by the Staff to adapt this policy to resolution form. He referred to the portion listing items for which exemptions may be granted on page 2, item 10. It stated: If the Board of the District in its judgement finds that just cause exists to grant other exemptions notwithstanding the limitations of this resolution. Motion to adopt Resolution No. 94 -547 so made by Director Reade, seconded by Director Ferryman. Motion carried 4 -0. .• . COSTA MESA SANITARY DISTRICT Page 9 Minutes - Board of Directors Meeting held May 12, 1994 RESOLUTION NO. 94 -548 - ADOPTING CONFLICT OF INTEREST CODE: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT AMENDING RESOLUTION 78 -321, BEING A RESOLUTION ADOPTING A CONFLICT OF INTEREST CODE APPLICABLE TO MEMBERS OF THE BOARD OF DIRECTORS PURSUANT TO THE POLITICAL REFORM ACT OF 1974. Motion to adopt Resolution No. 94 -548 so made by Director Ferryman, seconded by Director Perry. Motion carried 4 -0. RESOLUTION NO. 94 -549 - COMMENDING TOM DAWES: The resolution commending Tom Dawes was presented for approval: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT OF ORANGE COUNTY, CALIFORNIA, COMMENDING TOM • DAWES FOR HIS YEARS OF VALUABLE SERVICE TO THE ORANGE COUNTY SANITATION DISTRICTS. It was further resolved that a copy of the resolution be made part of the permanent records of the District, as adopted that day of May 12, 1994. Motion so made by Director Reade, seconded by Director Ferryman. Motion carried 4 -0. CLAIM - STATE FARM INSURANCE: Mr. June updated the Board on the incident involving a CMSD manhole on a Newport Beach City street, where erupted asphalt surrounding the manhole caused vehicle damages. He reported that State Farm Insurance has filed a complaint and is suing CMSD on a subrogation claim for the vehicle damages having been found to be caused from the paving around the manhole. The pavement surrounding the manhole had been inserted by the City of Newport Beach without any prior knowledge of the CMSD, therefore, leaving no opportunity of CMSD to supervise and oversee that the job was done properly. The CMSD has taken the position to deny any liability on this claim based on these facts. Mr.. June suggested that for future purposes, it should be required that some form of notice should be required for submittal to CMSD before a City may proceed to make any adjustments around a CMSD manhole. • COSTA MESA SANITARY DISTRICT Minutes - Board of Directors Meeting held May 12, 1994 Page 10 • The costs involving the defense of this claim are being consumed by SDRMA and will be of no cost to the CMSD. OLD BUSINESS: STATUS OF PENDING ITEMS: Mr. Harriers presented the report. NEW BUSINESS: SETTLEMENT OF CLAIM - SOUTH COAST PLAZA - REIMBURSEMENT OF DEDUCTIBLE TO SDRMA: Mr. Hamers reported that SDRMA had settled the claim for the requested amount of $1,280. The signature and release from South Coast Plaza had been received. CMSD is required to pay a $500 deductible, which would cover the claim deductible for both South Coast Plaza and Lucy Zahran. SETTLEMENT OF CLAIM - LUCY ZAHRAN - REIMBURSEMENT OF DEDUCTIBLE TO SDRMA: Lucy Zahran had filed a claim requesting the amount of $3,730.98 and SDRMA had proposed a settlement amount of $3,527.37. A signature and release had not yet been received from Lucy Zahran. ANNUAL LARGE ITEM PICKUP: Mr. Hamers reported that the absence of a formalized contract with Costa Mesa Disposal to eventually include the large -item pick up into the assessment rate and into the agreement made it necessary to approve the program on a yearly basis. Staff recommended approving the large -item pickup, in concept, at last year's rate to be increased by the CPI with the contract to be presented to the Board at the next regular meeting. Motion to adopt the large -item pick up in concept so made by Director Ferryman, seconded by Director Reade. Motion carried 4 -0. It was agreed that extensive publicity was necessary for promoting this program. L� • Im COSTA MESA SANITARY DISTRICT Page 11 • Minutes - Board of Directors Meeting held May 12, 1994 Mr. Hamers also reported changes in this year's large -item pick up program. Stated that Costa Mesa Disposal will not be able to take everything in total to the Frank Bowerman landfill. Items required to be taken to the salvaging yard will include those items considered as white goods: washers, dryers, refrigerators, dishwashers, trash compactors, and other household appliances. Mr. Hamers stated that this is in effect since there is a state law passed that requires that as of a certain date, these large "white goods" are not allowed to go into a landfill because a great majority of these goods are recyclable, and mandated to be dismantled and parts recycled. Mr. Hamers stated that an agreement was made with Costa Mesa Disposal to separate the "white goods" from the regular trash and take them to Prima Deshecha at no extra cost. The remainder of the large items acquired in the pick up will go directly to the Frank Bowerman landfill. A $5 per ton surcharge will most likely be charged for items going to Prima Deshecha, for these items are considered hard to handle. Prima Deshecha will also remove the CFCs and Freon from refrigerators and air- conditioning units. The remaining items will be dismantled by the salvaging crews. Mr. Hamers reported that in compliance with a suggestion retained from last year's survey, residents will receive a two -week notice of the large -item pick up program,.as opposed to the one -week notice given in previous years. WARRANT REPORT: Motion was made by Director Ferryman seconded by Director Reade authorizing the President and Secretary to sign Warrant Report No 94 -11 instructing the Finance Director to draw a warrant from the Costa Mesa Sanitary District General Fund in the amount of $462,128.21. Motion carried 4 -0. ORAL COMMUNICATIONS: Mr. Hamers stated that the each of the Directors attended one of the following meetings. IRVINE HOUSEHOLD HAZARDOUS WASTE FACILITY GRAND OPENING - APRIL 28,1994: Directors Reade and Ferryman attended this afternoon meeting. F RAINBOW DISPOSAL - MRF OPENING - APRIL 28,1994: Directors Wahner, Sheafer, and Perry attended this evening meeting. • COSTA MESA SANITARY DISTRICT Minutes - Board of Directors Meeting held May 12, 1994 Page 12 0 President Wahner stated that he attended an ISDOC meeting and was very happy to be there. Director Reade expressed his gratitude for his attendance at that meeting and announced that President Wahner will be a speaker on June 30, 1994, at the ISDOC quarterly meeting and be part of the program. The meeting will be held at the Countryside Inn. ADJOURNMENT: At 7:08 p.m. President Wahner adjourned the meeting. President Secretary • •