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Minutes - Board - 1996-01-11REVISED • COSTA MESA SANITARY DISTRICT Minutes of Board of Directors Regular Meeting held January 11, 1996 Call to Order: The Board of Directors of the Costa Mesa Sanitary District met in regular session on January 11, 1996, at 6:00 p.m., in Conference room 1 -A at the Civic Center, 77 Fair Drive, Costa Mesa. Director Ferryman called the meeting to order at 6:00 p.m. Director Perry led the Pledge of Allegiance. Director Reade gave the Invocation. Roll Call: Directors Present: James Ferryman, Arthur Perry, Nate Reade, Arlene Schafer, Dan Worthington. Staff Present: Robin Hamers, Manager /Engineer; Alan Burns, General • Counsel; Florine Reichle, Assistant Manager /Clerk of the District; Dawn Guastella, Permit Specialist; Susan Temple, Treasurer; Reba Coulter, Finance. Others Present: None. MINUTE APPROVAL MINUTES OF REGULAR MEETING - DECEMBER 14, 1995 Director Worthington advised the Board of an incorrect date appearing in the minutes of December 14, 1995. On page 2, under Occupancy Report, the minutes read "Mr. Hamers recommended that the Board direct staff to prepare a warrant for $159,061.54 to Costa Mesa Disposal on January 1, 1995." The correct date should be January 1, 1996. Director Perry moved acceptance of the corrected minutes of the regular meeting, December 14, 1995. Director Reade seconded. Motion to approve the corrected minutes of the December 14, 1995, meeting was approved unanimously. SPECIAL MEETING - DECEMBER 4, 1995 Director Schafer advised the Board that the minutes for December 4, 1995, failed to • represent that President Ferryman and Director Worthington attended the meeting. On motion by Director Reade, seconded by Director Perry, the corrected minutes of December 4, 1995, were approved unanimously. g� printed on recycled paper COSTA MESA SANITARY DISTRICT j Minutes - Board of Directors Meeting held January 11, 1996 Page 2 • WRITTEN COMMUNICATIONS Mr. Hamers presented a letter from Costa Mesa Disposal, Inc., dated December 13, 1995, advising that they have received a certificate for two consecutive years of satisfactory rating by the California Highway Patrol in their Biennial Inspection of Terminals (BIT) Program. Mr. Hamers additionally presented to the Board an article that appeared in the LA Times on January 1, 1996, entitled, Testing the Waters by Reorganizing Special Districts. PUBLIC COMMENTS There were no public comments made. REPORTS MANAGER'S REPORT OCCUPANCY REPORT • Mr. Hamers reported a decrease of 26 units in the occupancy report for solid waste collection as of January 1, 1996. Therefore, the total for January is 21,966. Staff recommends acceptance of the count. Director Reade motioned to accept the count as presented. Director Schafer seconded. Motion to accept the occupancy report approved unanimously. Mr. Hamers recommended that the Board direct staff to prepare a warrant for $158,873.49 to Costa Mesa Disposal on February 1, 1996, for payment for January trash collection based on the January count of 21,966. Motion made by Director Perry, seconded by Director Schafer, and carried 5 -0. REFUNDS MARK NAYLOR Mr. Hamers reported a refund request from Mr. Mark Naylor, dated December 20, 1995, for trash collection charges in the amount of $147.56, fiscal year 1994 -1995, for property located at 2223 -N Pacific, Costa Mesa, 92627, a one -unit parcel, Parcel Number 931 -17- 021. Mr. Naylor was unaware of the exemption forms and was using private trash services. • g� printed on recycled paper COSTA MESA SANITARY DISTRICT • Minutes - Board of Directors Meeting held January 11, 1996 Page 3 Mr. Hamers had advised Mr. Naylor of the Board's policy of refunding the current fiscal year only. Therefore, staff recommended the Board deny Mr. Naylor's request of a refund of $147.56 for fiscal year 1994 -1995 and issue a permanent exemption. Mr. Hamers further advised that a correction was filed with the County to ,issue a revised tax bill, eliminating the trash charge for 1995 -1996. Director Reade motioned to deny Mr. Naylor's refund request of $147.56. Director Perry seconded. Motion to deny the refund and issue a permanent exemption was approved unanimously. EDWARD LIN Mr. Hamers reported a refund request from Mr. Edward Lin, dated December 19, 1995, for trash collection charges in the amount of $4,619.47, for fiscal years 1988 -89 to 1994- 1995, for property located at 2038 Maple Avenue, Costa Mesa, a six -unit parcel, Parcel Number 422 - 092 -27. Mr. Lin was unaware of the exemption forms and was using private trash services. Mr. Hamers attempted to advise Mr. Lin of the Board's policy of refunding the current • fiscal year only, but was unsuccessful in contacting him. Therefore, staff recommended the Board deny Mr. Lin's request of a refund of $4,619.47 and issue a permanent exemption. Mr. Hamers further advised that a correction was filed with the County to issue a revised tax bill, eliminating the trash charge for 1995 -1996. Director Reade motioned to deny Mr. Lin's refund request of $4,619.47. Director Schafer seconded. Motion to deny the refund and issue a permanent exemption was approved unanimously. SOURCE REDUCTION AND RECYCLING ELEMENT - AB939 STATUS OF CITY'S WASTE PROGRAM Anti - Scavenging Solutions /Enforcement Mr. Hamers reported on the continuing efforts to hire a contract code enforcement officer. The City of Costa Mesa has reconsidered its plan to hire a contract code enforcement officer and is looking at hiring a full -time City employee in the next budget year beginning • July 1, 1996. Mr. Hamers has attempted to contact Mr. Perry Valentine to discuss this item, but Mr. Valentine has been out of town. PS printed on recycled paper COSTA MESA SANITARY DISTRICT Minutes - Board of Directors Meeting held January 11, 1996 Page 4 Director Schafer recommended sending a letter to the City of Costa Mesa requesting a code enforcement officer immediately. President Ferryman suggested the inclusion of a chronological history of events surrounding the hiring of a code enforcement officer with copies of the letter being sent to the Daily Pilot and the Orange County Register. Mr. Hamers presented to the Board an interoffice memorandum from Mr. William J. Morris, Director of Public Services, dated December 11, 1995, to Mr. Rob Hamers, reflecting monthly police department statistics for scavenging enforcement. Two citations were issued out of 30 calls for service. SRRE EDUCATIONAL PROGRAM Household Hazardous Waste Grant Application - Partial Approval Mr. Hamers reported that he has not yet received the contract and grant from the state. Newsletter - Future Topics Mr. Hamers reported that Staff is working on the newsletter. RECYCLING REPORTS Waste Diversion Report for December, 1995 Mr. Hamers reported 31.26% waste diversion for the month of December, 1995. Total Tonnage: 2,593.20 Tonnage Recycled: 810.76 The Waste Diversion Report was approved unanimously. Approve Contract Payment Mr. Hamers recommended the approval of contract payment to CR Transfer for the month of December, 1995. Director Reade motioned for approval of payment to CR Transfer in the amount of $118,612.97. Director Perry seconded. Motion carried 5 -0. LOCAL MEETINGS Local Agency Formation Commission Mr. Hamers informed the Board that he reviewed the agenda and has nothing to report g� printed on recycled paper • U • COSTA MESA SANITARY DISTRICT Minutes - Board of Directors Meeting held January 11, 1996 Page 5 Independent Special Districts /Orange County (ISDOC) Director Schafer advised that February 29, 1996, will be the next general meeting where Mr. Ralph Heim will be the featured speaker. Orange County Sanitation Districts Regular Meeting President Ferryman reported on a meeting he attended for the Orange County Sanitation Districts. President Ferryman related that the ad hoc committee was still studying the feasibility of purchasing the landfills and is slated to bring a report to the County on January 18, 1996. Mr. Hamers advised that he had the latest report available for any interested Board member. Review CMSD Appointed Representative President Ferryman will remain the representative for the Costa Mesa Sanitary District at the Orange County Sanitation District meetings. District Safety Committee Meeting - Minutes of December 12, 1995 Mr. Hamers presented the minutes of the District Safety Committee meeting held on December 12, 1995. The minutes were received and filed. TREASURER'S REPORTS Financial Report Ms. Temple presented the financial statement as of December 31, 1995. Motion to accept the report as presented made by Director Reade, seconded by Director Perry. No further discussion was held. Motion to accept the financial report as presented was approved unanimously. Treasurer's Report of Monies on Deposit Ms. Temple presented the report showing the District's portfolio for the month of December, 1995. Director Perry motioned to approve the Treasurer's report. Director • Reade seconded. Motion to accept the Treasurer's report approved unanimously. printed on recycled paper COSTA MESA SANITARY DISTRICT Minutes - Board of Directors Meeting held January 11, 1996 Page 6 go Orange County Bankruptcy Update Ms. Temple reported that the Technical Committee is putting together a question and answer format report to shed light on the Joint Agreement and what it will mean to participants. Mr. Hamers related to the Board that the cover letter by Patrick Shea suggested the signing of the Joint Agreement. Consider Approval of Recovery Plan Ms. Temple recommended waiting until the Technical Committee meets and drafts the question and answer report before signing the Joint Agreement. The Board decided to postpone voting on the Recovery Plan until the Technical Committee presents its report. Investment Oversight Committee Meeting - January 11, 1996 Ms. Temple reported to the Board on the Investment Oversight Committee meeting held • on January 11, 1996, and attended by Directors Perry and Reade, Ms. Temple and her staff, and Mr. Hamers. Ms. Temple will be contacting Conrad and Associates, the outside auditors, to prepare a specific audit on the portfolio and report to the Board on the credit and market risks. This audit will be conducted in February and the report available at the March Board meeting. Ms. Temple will invite a member of Conrad and Associates to attend the March Board meeting to explain the report to the Board and answer questions. ENGINEER'S REPORT Project Status Report The Project Status Report was received and filed. Project 139 Congress Pumping Station Abandonment Bid Opening /Award of Contract Mr. Hamers presented the bids received for Project 1112100 -139, Congress Pumping Station Abandonment. Staff recommended awarding the contract to Steve Casada • Construction Company, 1426 S. Allec Street, Anaheim, California 92805, with its bid of $123,070.00. g� printed on recycled paper COSTA MESA SANITARY DISTRICT • Minutes - Board of Directors Meeting held January 11, 1996 Page 7 Director Perry motioned to accept the bid of $123,070.00, as the lowest responsive and responsible bidder, and award the contract for Project 139 to Steve Casada Construction Company. Director Reade seconded. Motion to award the contract to Steve Casada Construction carried 5 -0. Proposal to Provide Inspection Services A proposal was introduced from Robin B. Hamers & Associates, Inc. to provide the necessary engineering services during the construction phase of Project 1112100 -139, Congress Pumping Station Abandonment. The maximum number of hours and proposed rate for each are as follows: Engineering 95 firs. @ $59.00 /hr. _ $ 5,605.00 Draftsman 8 hrs. @ 47.00 /hr. _ . 376.00 Inspection 250 hrs. @ 42.00 /hr. = 10,500.00 Surveying 16 hrs. @ 170.00 /hr. = 2,720.00 TOTAL $19,201.00 It was noted that the proposed costs were in line with the costs shown in the District's Capital Improvement Program report which was previously approved by the Board, and commented on favorably by the District's independent consultant, Boyle Engineering Corporation. Director Perry motioned to accept the proposed inspection services not to exceed $19,201.00. Director Schafer seconded. Motion carried 5 -0. Proposal to Begin Design Phase for Project 146, Televising Sewer Lines A proposal was intoduced from Robin B. Hamers & Associates, Inc. to provide design and inspection services as shown in the 1995 -96 Capital Improvement Program for televised inspection of sewer lines, Project 1112100 -146. Staff recommended the Board authorize the televising to be completed for less than $5,000, and the Manager /District Engineer to complete the design and inspection at the following hourly rates not to exceed $2,500 and $3,500 respectively: Engineer $59.00 /hr. Inspection $42.00 /hr. • It was noted that the proposed costs were in line with the costs shown in the District's Capital Improvement Program report which was previously approved by the Board, and commented on favorably by the District's independent consultant, Boyle Engineering Corporation. printed on recycled paper COSTA MESA SANITARY DISTRICT Minutes - Board of Directors Meeting held January 11, 1996 Page 8 • Director Reade motioned to approve the televising and inspection of the sewer lines, not to exceed $12,000. Director Perry seconded. Motion carried 5 -0. Proposal to Begin Project 149, Future Sewer Replacement Sinking Fund A proposal was introduced from Robin B. Hamers & Associates, Inc. to begin Project 1112100 -149, Sinking Fund for Future Sewer Replacement. The project will make an initial deposit of $100,000 into the fund as well as having an engineer's report prepared, not to exceed $7,000, which investigates life expectancy of sewers, current and future replacement techniques, and an estimated replacement and cost schedule. The proposal to complete the Engineer's Report is as follows: Engineer $59.00 /hr. It was noted that the proposed costs were in line with the costs shown in the District's Capital Improvement Program report which was previously approved by the Board, and commented on favorably by the District's independent consultant, Boyle Engineering Corporation. . Director Schafer moved for approval of the initial deposit of $100,000 into the sinking fund and preparation of the Engineer's Report not to exceed $7,000. Director Perry seconded. Motion carried 5 -0. Resolutions and Quitclaim Deeds to Vacate Sewer Easements Mr. Hamers briefly explained the sewer construction of a new CMSD line that will replace an existing line, lying in two separate parcels of land, that can now be vacated and abandoned. Adopt Resolution No. 96 -582 - 1175 Baker Street Approve and Execute Quitclaim Deed Mr. Hamers introduced Resolution No. 96 -582, A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT, COSTA MESA, CALIFORNIA, ORDERING THE VACATION OF A SEWER EASEMENT. Director Schafer motioned to adopt Resolution No. 96 -582, and to approve and execute the Quitclaim Deed. Director Reade seconded. Motion carried unanimously. • ;9� printed on recycled paper COSTA MESA SANITARY DISTRICT Minutes - Board of Directors Meeting held January 11, 1996 Page 9 Adopt Resolution No. 96 -583 - 2900 Fairview Road Approve and Execute Quitclaim Deed Mr. Hamers introduced Resolution No. 96 -583, A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT, COSTA MESA, CALIFORNIA, ORDERING THE VACATION OF A SEWER EASEMENT. Director Schafer moved to adopt Resolution No. 96 -583, and approve and execute the Quitclaim Deed. Director Reade seconded. Motion carried unanimously. ATTORNEY'S REPORTS Report on Revision to Standard Construction Contract Mr. Burns, working with Mr. Hamers, reviewed and revised the Standard Construction Contract. Mr. Burns highlighted some of the changes for the Board: • Stricter requirements on change orders. • Limiting the damages to direct costs plus a limited percentage for profit to protect against Eichleay damage claims. • An inclusion of a stipulation whereby the contractor has to do his own independent investigation and cannot rely on any representations made by the District, and cannot plead ignorance at a future time. • No substitution of subcontractors. • To address the changing laws on trenching and excavating, a provision has been added for the contractor to provide a worker safety plan for his workers. • It is the contractor's responsibility to notify the regional notification centers before digging up a street. • A provision has been added to address encountering hazardous materials. OLD BUSINESS STATUS REPORT - PENDING ITEMS Mr. Hamers declared there is nothing to report, there are no pending items. Creative Management Solutions - Financial Study City /District Contract Mr. Hamers reported that Ms. Temple has implemented the request made to the City to • monitor actual direct-charges to the Costa Mesa Sanitary District. ;4 printed on recycled paper COSTA MESA SANITARY DISTRICT Minutes - Board of Directors Meeting held January 11, 1996 Page 10 • 1995 Telephone Book Recycling Program Results Ms. Reichle reported that the Telephone Book Recycling Program was extended one extra week. This extra week resulted in an additional 1,795 telephone books collected. Ms. Reichle reports that there are bins remaining at Orange Coast College where telephone books are still being dropped off. To date, 30,388 telephone books, or 62.3 tons have been collected. Director Worthington suggested having Costa Mesa Disposal hire a person to ride along on the refuse trucks to either attach notices to the refuse cans with adhesive or place a door hanger on the residence of service recipients. Director Worthington suggested investigating the feasibility of this method for distributing the flyers, newsletters, notification for telephone book recycling and Christmas tree recycling, and any other notifications in an effort to increase the response from the community. Mr. Hamers commented this is an excellent recommendation for trash service recipients, but sewer notices may have to be delivered by carrier due to the fact that not all residences receiving sewer service also receive trash service. President Ferryman directed Staff to perform a feasibility study and report back to the Board. Chamber Community Summit - Disaster Preparedness Video Update Director Schafer reported that the script is complete, and actors are being engaged. Mr. Hamers gave a brief update on the Orange County Emergency Management Organization (OCEMO) meeting held on January 11, 1996. Mr. Hamers advised the Board on the progress of the committee organization. Chamber of Commerce - Legislative Committee Update Director Schafer will have a report at the February meeting. NEW BUSINESS Board Attendance at City Council Meetings Director Reade suggested a member represent the Costa Mesa Sanitary District at City Council meetings. Ms. Reichle will develop a rotating schedule for the Board • members and provide Board members with an agenda. The alternating Board member will review the minutes of the City Council meeting and report to the Board. g� printed on recycled paper COSTA MESA SANITARY DISTRICT Minutes - Board of Directors Meeting held January 11, 1996 Page 11 • Director Schafer moved to have the Costa Mesa Sanitary District represented at the City of Costa Mesa Council meetings held on the first and third Mondays of the month. Director Worthington seconded. Motion carried unanimously. User Fee Task Force Report Mr. Hamers reported to the Board that Staff has been working on upgrading the user fee systems to prevent erroneous charges on parcels. A report will be submitted. 1995 Christmas Tree Recycling Program Ms. Reichle reported that the 1995 Christmas Tree Recycling Program is progressing. Costa Mesa Disposal reported considerably more trees were collected the first week of the program.than in past years. The total count will be provided at the February meeting. Ms. Reichle relayed that the contractor is fulfilling his contract, but is behind due to the type of chipper being used. The Orange County Fairgrounds extended the use of the lot one day. to January 13, 1996. iOne -Year review of General Counsel - Alan Burns Adjourn to Closed Session Pursuant to Code Section 54957 to Discuss Personnel The Board went into closed session at 7:35 p.m. to review Mr. Burns' performance. The Board reconvened the regular meeting at 7:50 p.m. Director Perry motioned to approve an increase in compensation to $115 per hour for all hours worked by Alan Burns, General Counsel, effective February 1, 1996, and authorize the President and Secretary to sign an amendment to Mr. Burns' contract reflecting the compensation increase, with a review in July, 1997. Director Worthington seconded. The motion to increase Mr. Burns' compensation carried 5 -0. WARRANT REPORT .Motion made by Director Schafer, seconded by Director Perry, authorizing the President and Secretary to sign Report No. 96 -07 instructing the Finance Department to draw a warrant from the Costa Mesa Sanitary District General Fund in the amount of $381,903.81. Motion carried 5 -0. i g printed on recycled paper COSTA MESA SANITARY DISTRICT Minutes - Board of Directors Meeting held January 11, 1996 Page 12 ORAL COMMUNICATIONS Director Reade requested to attend the next Summit meeting. Staff was directed to make the appropriate notification. ADJOURNMENT At 7:55 p.m. President Ferryman adjourned the meeting. Secretary ^� printed on recycled paper Presid t 0 • •