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Minutes - Board - 1994-01-13v i COSTA MESA SANITARY DISTRICT Minutes of Board of Directors Meeting held January 13, 1994 Call to Order: The Board of Directors of the Costa Mesa Sanitary District met in regular session on January 13, 1994, 7:30 p.m., at the Civic Center, 77 Fair Drive, Costa Mesa. Director Wahner called the meeting to order at 7:30 p.m. Director Perry led the Pledge of Allegiance. Director Reade gave the Invocation. Roll Call: Directors Present: James Wahner, Nate Reade, James Ferryman, Art Perry, Mike Scheafer. Staff Present: Robin Hamers, Manager/Engineer, Roy June, Attorney; ,Susan Temple, Finance/Treasurer; Florine Reichle, Assistant Manager /Clerk of the District; Dawn Guastella, Permit Specialist. Others Present: Mr. Ray Rangel and Mr. Raul Rangel, Costa Mesa Disposal; Dennis Robinson and Steve Montalvo, Pacific Bell Directory; Susan M. Connelly, Recording Secretary. President Wahner welcomed the guests from Costa Mesa Disposal and the representatives from Pacific Bell Directory. MINUTES OF DECEMBER 9,1993: The minutes of December 9, 1993, were presented for approval. Motion to approve so made by Director Ferryman, seconded by Director Reade. Motion carried unanimously to approve the minutes as presented. STUDY SESSION REPORT - JANUARY 4,1994: Mr. Hamers reported that the study session held on January 4, 1994, had been attended by all five Directors of the Board. Various items on the agenda were discussed, including some of which would be discussed at the present meeting. WRITTEN COMMUNICATIONS: Mr. Hamers presented a letter dated December 10, 1993, from Irvine Ranch Water District, signed by Peer A. Swan. The letter urged support for a current member on its Board of Directors, John B. Withers, for an appointment serving as a special district representative on LAFCO. t COSTA MESA SANITARY DISTRICT Page 2 • Minutes - Board of Directors Meeting held January 13, 1994 Mr. Hamers presented a similar letter dated December 27, 1993, from Tri- Cities Municipal Water District, signed by Jim Lawson, recommending a member of its Board, Mr. Mark Sloate, for an appointment serving as a special district representative on LAFCO. Mr. Hamers presented a memo containing a Legislative Alert from the CSDA. It stated that information via the Governor's Department of Finance reports showed that special districts will be left untouched by the Budget Proposal for 1994 -1995. MANAGER'S REPORT: OCCUPANCY REPORT: Mr. Hamers reported no increase or decrease in units for solid waste collection as of January 1, 1994; therefore, the total for January is 22,345. Staff recommended the Board direct staff to prepare a warrant to Costa Mesa Disposal on February 1, 1994, for payment for January 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 Reade, seconded by Director Perry. Motion carried 5 -0. Motion to prepare a warrant in the amount of $153,554.84 to Costa Mesa Disposal on February 1, 1994, so made by Director Scheafer, seconded by Director Perry. Motion carried 5 -0. REFUND POLICY: OCSD REFUNDS: Ms. Temple reported that the County Sanitation Districts of Orange County agreed that when sizable connection fee refunds must be made, the Costa Mesa Sanitary District should not have to wait for reimbursement by taking credits against the monthly transmittals of connection fees. The District needs to simply send an invoice for any amount over $5,000, and the OCSD agrees to pay it on their next biweekly check run. VERIFICATION OF TAX PAYMENT: Mr. Hamers reported that his investigation into this issue showed that any current tax bill would show a delinquency from the previous year. Stated that at certain times of the year the applicant would not have had to make their tax payment. Staff found that it would be a difficult process to refund money only after being shown proof of payment. Staff recommended the preservation of the existing policy, but with the reservation that verification be requested under warranted special circumstances. • . COSTA MESA SANITARY DISTRICT Page 3 Minutes - Board of Directors Meeting held January 13, 1994 A- motion was made to preserve the existing policy and to receive and file the report as presented. Motion carried unanimously. REFUNDS: John Alderson, 2239 Heather Lane Newport Beach CA 92660 Mr. Hamers presented a request for refund of overcharged trash and sewer assessment fees on the property located at 2643 Orange Avenue, Assessor's Parcel No. 439- 221 -39 for the tax years 1989 -1990 through 1991 -1992. Owner is being billed for varying number of units and should be billed for 6 units only. Staff recommended refund of 1989 -1990 through 1991 -1992 tax years in accordance with District policy in the amount of $929.77. Motion so made by Director Reade, seconded by Director Ferryman. Motion carried 5 -0. SOURCE REDUCTION AND RECYCLING ELEMENT CA - INTEGRATED WASTE MANAGEMENT: • STATUS OF CITY'S WASTE PROGRAM: Mr. Hamers reported on the status concerning the waiver of $35 per ton contained in the AB 939 agreement between the City and District. Stated that staff made an agreement with the City Director of Public Services, Bill Morris, had agreed to a list of items that must be done on a regular basis at staff level, and to provide the City certain other items if the City asks for them. Stated that the procedure had been formalized in writing, and that ultimately the waiving of the $35 ton fee had been implemented. President Wahner inquired as to whether the other commercial and industrial trash haulers have prepared their waste programs. Mr. Hamers reported the City has experienced some difficulty, for example, the largest trash hauler in the City, Western Waste Disposal, was on probation; and another hauler, Rainbow Disposal, had been reprimanded. SRRE EDUCATIONAL PROGRAM: Mr. Hamers reported that staff had been considering potential options for providing education in'the new year: (1) a CMSD quarterly newsletter, sent directly by regular mail; and/or (2) the participation of Costa Mesa Disposal in education programs. No definite plans had been made and all alternatives. were .being considered. Mr. Hamers welcomed any suggestions from'the Board and staff. C7 COSTA MESA SANITARY DISTRICT Page 4 • Minutes - Board of Directors Meeting held January 13, 1994 Mr. Hamers reported that he discussed the Education Program and other special programs with Messrs. Ray and Raul Rangel the District's trash haulers, and will continue meeting with them to gain insight and guidance. WASTE DIVERSION REPORT FOR DECEMBER 1993: Mr. Hamers reported 25.03 percent waste diversion for the month of December. Total Tonnage: 2,706.45 Tonnage Recycled: 677.37 Staff recommended acceptance of the CR Transfer report. Motion to approve the report as presented so made by Director Reade, seconded by Director Ferryman. Motion carried unanimously. SPECIAL RECYCLING PROGRAMS: 5TH ANNUAL TELEPHONE BOOK - PACIFIC BELL DIRECTORY RESOLUTION 94 -537 Mr. Hamers reported the program's co- sponsorship by Pacific Bell Directory and the presence of the two representatives at the current meeting. He also commented on the diligent efforts of Ms. Reichle with organizing the program. Ms. Reichle made a brief report on the 5th Annual Telephone Book program. The program ended on December 21, 1993, reflecting a one -week extension of the original schedule due to additional time allocated for delivering directories. As a result, the delivering of directories took a total of three weeks. The program ended with a total amount of 129,500 pounds (64.75 tons) of telephone books collected. The average 4 pound weight of each directory calculated a count of 32,375 directories. The two newly added bin locations carried the lightest loads, which is typical for new drop -off sites. Ms. Reichle commented on the promotional efforts consisting of two hundred posters and 18,000 flyers that were printed in -house and distributed to all public facilities, schools, grocery stores, and hotels by all available staff including Rob Hamers & Associates. Flyers were mailed directly to the two business complexes. Pacific Bell Directory will reimburse the District for $1,229.57, the entire cost of promoting the project. • President Wahner expressed on behalf of the Board and staff, gratitude to Mr. Robinson and Mr. Montalvo of Pacific Bell Directory for their committed participation in the • I COSTA MESA SANITARY DISTRICT Page 5 • Minutes - Board of Directors Meeting held January 13, 1994 program. President Wahner introduced and presented the Costa Mesa Sanitary District Resolution No. 94 -537: Resolution of the Board of Directors of the CMSD commending Pacific Bell Directory for its leadership in the production of recyclable directories and promotion of programs for their collection and recycling and stating reasons therefor was adopted by motion of Director Perry, seconded by Director Scheafer, and carried 5 -0. Mr. June proceeded to recite the documentation contained within the resolution. Photographs were taken with Board and staff. The recipients were applauded as they accepted the award with appreciation. 4TH ANNUAL CHRISTMAS TREE: Mr. Hamers reported that he and Ms. Reichle were both interviewed by Channel 3 on December 21, 1993, about the District's 4th Annual Christmas Tree program. They discussed the tree program and its success. Ms. Reichle reported that all the numbers aren't in yet to make an official report on the grand total, but stated that CMSD's trash haulers brought in 7,012 trees. She also • commented on the success of the program. President Wahner commended Ms. Reichle for a job well -done. LOCAL AGENCY FORMATION COMMISSION REPORT: SPECIAL DISTRICT SEATING: Mr. Hamers updated the Board concerning the appointment of two special district members on the LAFCO commission. Reported that President Wahner, the designated representative to the special district selection committee, attended a meeting on January 7, 1994, of the Water Commission of Orange County. The meeting was a gathering of the water district's deciding whom they would prefer as their representative on the LAFCO commission. President Wahner's attendance had been requested. Mr. Hamers reminded the Board and staff that the selection of the LAFCO representatives is at an ISDOC meeting set for February 10, 1994, at 7:00 p.m., held in Counsel Chambers of 77 Fair Drive, Costa Mesa. At that meeting, the special districts will nominate and select two representatives and one alternate for LAFCO. President Wahner reported that he had been asked whether he would accept a nomination as a representative for an appointment on the LAFCO commission. His reply stated that he would not refuse any nomination for this seat. President Wahner expressed his confidence in serving this appointment well, but would continue his support for Jim COSTA MESA SANITARY DISTRICT Page 6 • ` Minutes - Board of Directors Meeting held January 13, 1994 Evans, if requested by the other Board members. Direction from the Board was requested by President Wahner concerning priority votes for the two vacant and one alternate seats. Board members showed strong support and confidence for both President Wahner's nomination, and his judgment when voting as the Board's designated representative for the forthcoming ISDOC meeting. A motion was made to direct President Wahner to vote for himself if nominated and to vote as he feels appropriate at the commencement of the meeting so made by Director Perry, seconded by Director Ferryman. Motion carried unanimously. SAFETY COMMITTEE MEETING MINUTES OF DECEMBER 15,1993: Mr. Hamers presented the Safety Committee Minutes of December 15, 1993. A motion was made to receive and file as presented so made by Director Ferryman, seconded by Director Perry. Motion carried unanimously. DISTRICT REORGANIZATION: CONSULTANT PROPOSAL TO STUDY FINANCES: • Mr. Hamers updated the Board on the status of the study requested at the last regular meeting to research the effects of consolidating residential and commercial trash; and becoming independent from the City. Mr. Hamers stated that this was an agenda item discussed at the January 4, 1994 study session. Regarding tho decision to hire an independent consultant to study the finances, Mr. Hamers recommended Mr. Barry Newton of Creative Management Solutions. Reported that Mr. Newton estimated the study would take approximately 60 -90 days. A motion was made to hire Mr. Barry Newton as the consultant to study finances for a cost not to exceed $7,350 so made by Director Reade, seconded by Director Perry. Motion carried 5 -0. President Wahner questioned any opposition regarding fees. No opposition was voiced. SET FEBRUARY STUDY SESSION DATE: Mr. Hamers also presented a memo received from Allan Roeder stating that the City Council could not participate at the District's study session scheduled for February 28, 1994. Although, Mr. Roeder did agree upon arranging a meeting for the month of March 1994. 0 I COSTA MESA SANITARY DISTRICT Page 7 Minutes - Board of Directors Meeting held January 13, 1994 Mr. Hamers suggested arranging the meeting in accordance with the completion of the aforementioned study. Reported that Creative Management Solutions would complete the study in approximately 60 days. Mr. Hamers reported that he and Ms. Reichle had clearly communicated that President Wahner would be chairing the meeting; that the District preferred the meeting in either the first or fourth floor conference rooms; and that the discussion concerning consolidation will be the only agenda item. Ms. Reichle agreed to coordinate with Mr. Roeder's secretary a study session for March or April 1994. Board and staff will be notified of the date, time, and location of the meeting. TREASURER'S REPORT: FINANCIAL REPORT: Ms. Temple presented the report dated December 31, 1993. Ms. Temple reported that since December 31, 1993, the District has received money from the County. Reported • that trash assessments are at exactly half, with a current balance of $1.619 million. Reported that sewer assessments caused a problem this fiscal year due to several reasons. Reported a balance off by $25,000 from expected for sewer assessments since December 31, 1993. Ms. Temple reported that overall everything is going well and that revenues are coming in as expected. A motion to accept the report as presented so made by Director Ferryman, seconded by Director Reade. Motion carried 5 -0. TREASURER'S REPORT FOR THE MONIES ON DEPOSIT: Ms. Temple reported that the majority of the funds with the O.C.T.P. were earning at the current rate of 7.76 percent. Nothing else significant to report. The report was received and filed as presented. ENGINEER'S REPORT: PROJECT STATUS REPORT: Mr. Hamers presented the report. The report was accepted and filed as presented. DEVELOPMENT UPDATE: Mr. Hamers stated there was nothing to report. • COSTA MESA SANITARY DISTRICT Page 8 Minutes - Board of Directors Meeting held January 13, 1994 • REVIEW OF SEWER PLANS: Mr. Hamers stated there was nothing to report. PROJECT 132 - RECONSTRUCTION OF VARIOUS SEWER LINES: AWARD OF CONTRACT: Mr. Hamers reported that the bid opening was December 27, 1993. Reported Engineer's estimate for the project was $78,000. Lowest bid offered was $60,000 by GRGO & Gordon Grbavac Construction Co., Inc., who is actually constructing phase one of the same project, Project No. 126. Staff recommended awarding the project to the same company due to its status as low- bidder and quality service for the proposed bid of $60,000. Motion to accept bid and award the project to GRGO & Gordon Grbavac Construction Co., Inc., for $60,000 so made by Director Reade, seconded by Director Scheafer. Motion carried 5 -0. PROPOSAL FOR INSPECTION SERVICES: Mr. Hamers presented a proposal to provide services not exceeding $10,400 at the • following rates and maximum hours: Engineering: 56 hrs. $59.00/hr. = $ 3,304.00 Drafting: 8 hrs. $47.00/hr. = 376.00 Inspection: 160 hrs. $42.00/hr. = 6,720.00 TOTAL: $10,400.00 Motion made to comply with the proposal so made by Director Reade, seconded by Director Perry. Motion carried 5 -0. PROJECT 136- ACCESS ROAD /NEWPORT GOLF COURSE: PROPOSAL TO BEGIN DESIGN: Mr. Hamers reported that the District has an access road through the Newport Beach Golf Course, which is required to service the sewer lines located there. Originally built in 1987, general wear and tear have occurred. Mr. Hamers presented the proposal to provide design phase services not exceeding $12,000 at the current rates and maximum hour allotment. Motion made to comply and is • COSTA MESA SANITARY DISTRICT Page 9 Minutes - Board of Directors Meeting held January 13, 1994 accept the proposal so made by Director Ferryman, seconded by Director Scheafer. Motion carried 5 -0. ATTORNEY'S REPORT: Mr. June stated that there was nothing to report. OLD BUSINESS: STATUS OF PENDING ITEMS: Mr. Hamers presented the report. Mr. Hamers reported that Mr. June had reviewed all district ordinances and updated all policies as needed in the policy manual. Staff will be submitting revised ordinances and policies to the Board for approval. Included will be the adoption of new resolutions and policies, and the voiding of old policies. Mr. Hamers inquired the Board's preference for achieving this, either (1) to consider a few items at each regular Board meeting, or (2) to take them all as a group and schedule a special meeting. Any other suggestions were welcomed. Mr. June recommended receiving 2 -3 items at each regular Board meeting. He stated g g receiving 2 -3 items per meeting had no negative effect. President Wahner asked if there was any opposition to Mr. June's recommendation. No opposition was expressed by the Board. STUDY - DISTRICT'S TRASH HAULER: Mr. Hamers presented the report containing the study of the District's trash hauler. Stated the purpose of the study regarded the November 1994 expiration of the agreement held between the District and its current trash hauler, Costa Mesa Disposal. At one time the Board considered having an independent third party to conduct a study of the trash hauler, but staff recommended and requested the opportunity to prepare the study. Mr. Hamers reported that the study covers two main items: (1) the cost of service, and (2) the quality of service being provided. He concluded that the study reflected a cost of service appropriate for the Orange County marketplace; furthermore, the level of service, as evidenced by the results of the recent survey and additional research, proved to be very adequate and well -done. Based on the study results, staff recommended renegotiating the agreement with Costa Mesa Disposal with the ten recommendations shown on pages 8 and 9 of the study. • COSTA MESA SANITARY DISTRICT Page 10 Minutes - Board of Directors Meeting held January 13, 1994 0 Mr. Hamers stated that Mr. Ray and Raul Rangel of Costa Mesa Disposal had been provided the opportunity to read the study. Mr. Flamers, Ms. Reichle, and Ms. Guastella met with Mr. Ray and Raul Rangel on Tuesday, January 11, 1994. They discussed in detail the ten proposals staff had recommended for renegotiating the agreement and found general concurrent from the Rangels. Mr. Raul Rangel expressed gratitude to the Board and staff for submitting the report study. Appreciated the study's recognition of their efforts and high -level of service. Stated that the proposals appeared reasonable and feasible upon negotiation. Welcomed any further discussion or questions from the Board and staff. Director Scheafer inquired about item No. 10 of the recommendations: 10. Consider rescinding the 200 pound maximum limit on trash placed at the curb side. Mr.Hamers stated that he did not believe that was in the contract between the District and Costa Mesa Disposal directly; rather from an ordinance that stipulates how much someone can leave out for pick -up. Mr. Raul Rangel commented that there is a significant difference between refuse pick up and clean up. Stated that setting a limit eliminates any potential abuse of the trash pick- up service and recommended not changing the ordinance but asking the drivers to be less stringent. Mr. Hamers added that some of the items did need further research. Clarified the ten recommendations contained in the study designated the areas staff and Costa Mesa Disposal will discuss and negotiate. President Wahner recommended focusing on money- saving solutions. Director Reade congratulated Costa Mesa Disposal for their tremendous efforts and complimented their services and equipment. Mr. Hamers reported on the timing of the new agreement. Uncertainty of the time needed for the study concerning the inclusion of a limited recyclable household hazardous waste pickup program. Suggested that staff could meet with Costa Mesa Disposal and Mr. June could rewrite some items into the agreement to be left open. The proposed agreement could then be presented for Board approval. Mr. June stated no problems should arise as long as the agreement is signed and approved by November 1994. In regard to item No. 7, Mr. Hamers reported that Raul Rangel suggested a six -year instead of a five -year term with automatic rollover. Mr. Rangel explained financing on the trucks is a 60 -month term, which is five years. Stated that with the time it takes to order the truck, have it delivered, and then taken to the body shop, it results in a five and one -half year program. Mr. June stated that no problem would arise from such a change. President Wahner requested the change from five years to six years in item No. 7 under the renegotiating recommendations. • t ® COSTA MESA SANITARY DISTRICT Page 11 Minutes - Board of Directors Meeting held January 13, 1994 Mr. Hamers stated that staff will work with Costa Mesa Disposal on the remaining items to render an acceptable agreement between Costa Mesa Disposal and the District, acceptable at the staff level and to be brought back to the Board for their approval. NEW BUSINESS: PROPOSED CHANGE OF REGULAR MEETING TIME: Mr. Hamers reported that it was discussed at the study session to make a proposal changing the meeting time of regular Board meetings from the current 7:30 p.m. to 6:00 p.m. Staff expressed no difficulty in complying with this meeting time change. Ms. Reichle would be responsible for notifying the appropriate parties of the change. The 7:30 time was set to accommodate the public, but public participation in the past and present is too rare to necessitate any special accommodations. It was agreed by Board and staff that a permanent change to meet at 6:00 p.m. would prove more convenient for Board and staff. Motion made to change the meeting time of the regular meeting in February to 6:00 p.m. on the second Thursday of the month so made by Director Reade, seconded by Director Scheafer. Motion carried unanimously. Mr. June said an amendment to the ordinance would be required to permanently change the meeting time. He was requested to proceed. WARRANT REPORT: Motion was made by Director Ferryman, seconded by Director Reade, authorizing the President and Secretary to sign Report No.94 -07 , instructing the Finance Director to draw a 'warrant from the Costa Mesa Sanitary District General Fund in the amount of $341,759.56. Motion carried 5 -0. ORAL COMMUNICATIONS: The Board and staff thanked Director Ferryman for a wonderful Christmas event. ADJOURNMENT: At 8:34 p.m.. Director Wahner adjourned the meeting. President Secret