Loading...
Minutes - Board - 1995-01-12COSTA MESA SANITARY DISTRICT Minutes of Board of Directors Regular Meeting held January 12, 1995 Call to Order: The Board of Directors of the Costa Mesa Sanitary District met in regular session on January , 12, 1995, 6:00 p.m., 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; Susan Temple, Treasurer; Dawn Guastella, Permit Specialist Others Present Mr. Avard, Homeowner; Mr. Ralph Shielau MINUTE APPROVAL Director Reade motions to approve minutes of the regular meeting, December 8, 1994, adjourned meeting, December 16, 1994, and adjourned meeting, December 22, 1994. Director Perry seconded. No discussion was held. Motion to approve minutes as written approved unanimously. WRITTEN COMMUNICATIONS Mr. Hamers reports there were no written communications. REPORTS RICHARD AVARD - DEMAND LETTER Mr. Hamers reports a request from Mr. Richard Avard, acting as agent for Gladys Avard, dated November 5, 1993 seeking a refund for $3855.71 for trash and sewer assessment fees incurred during the years 1984 to 1994 for property located at 1730 Santa Ana Ave., Costa Mesa, Parcel No. 425 - 012 -02. In accordance with District policy, Mr. Avard was granted a refund of $722.05 for the 1994 fiscal year. Mr. Hamers reports further conversation with Mr. Avard and correspondence dated December 2, 1994 wherein Mr. Avard makes demand for an additional refund of $3133.66 for the years 1984 to 1993. • Mr. Burns, attorney for the Costa Mesa Sanitary District, advised that among other things COSTA MESA SANITARY DISTRICT Minutes - Board of Directors Meeting held January 12, 1995 Page 2 • an additional refund might possibly be a violation of the State Constitution, being a gift of public funds. Following lengthy discussion and determination that a permanent exemption was issued from future assessment, Director Reade motioned to deny Mr. Avard's request based on standard policy set forth by the Costa Mesa Sanitary District of reimbursement for the current fiscal year only. Director Perry seconded. Motion carries 5 -0. MANAGER'S REPORTS OCCUPANCY REPORT Mr. Hamers reports no increase or decrease as of January 1, 1995, therefore, the total for January is 22,125. Staff recommends the acceptance of the count and recommended the Board direct staff to pay Costa Mesa Disposal on February 1, 1995, based on the January count of 22,125. Motion to adopt the occupancy report made by Director Schafer, seconded by Director Perry. Motion carries 5 -0. Motion to prepare the warrant on February 1, 1995, for $156,206.93 to Costa Mesa Disposal made by Director Perry, seconded by Director Reade. Motion carries 5 -0. SOURCE REDUCTION/RECYCLING ELEMENT AB939 • STATUS OF CITY'S WASTE PROGRAM Anti - Scavenging Solutions/Enforcement Mr. Hamers reports that the City is still investigating contracting with a reserve officer to enforce the City's anti - scavenging ordinance. Mr. Hamers reports that Chief Snowden would prefer a low profile on the police enforcement of scavenging. SRRE EDUCATIONAL PROGRAM HHW Grant Application Mr. Hamers reports receipt of a letter of denial from Mr. Fernando Berton of the California Integrated Waste Management Board rejecting the Discretionary Grant Application filed jointly by the City of Costa Mesa and the Costa Mesa Sanitary District. Anti - Scavenging Signs Mr. Hamers reports that the anti- scavenger signs are currently on the disposal trucks. Adhesive signs for individual trash cans to deter the scavenging are available to anyone desiring them and can be picked up from the Costa Mesa Sanitary District or will be mailed upon request. • • COSTA MESA SANITARY DISTRICT Minutes - Board of Directors Meeting held January 12, 1995 Page 3 WASTE DIVERSION REPORT - DECEMBER 1994 Mr. Hamers reported 25.58% waste diversion for the month of December. Total Tonnage: 2,529.77 Tonnage Recycled: 647.01 Staff recommends the Board accept the report. The Waste Diversion Report for December 1994, was accepted unanimously. LOCAL MEETINGS LAFCO Meeting January 26, 1995/Election Mr. Hamers reports receiving the LAFCO agenda of January 11, 1995, stating that LAFCO's budget for '94/'95 has been cut by $30,000. Mr. Hamers further reports receiving notification from Sara Anderson, Executive Officer of LAFCO of the Election for Special District LAFCO Representatives meeting on . January 26, 1995, 7:00 p.m. at the Municipal Water District of Orange County, 10500 Ellis Avenue, Fountain Valley. A listing of Special District Nominees was distributed. President Ferryman requested a consensus recommendation from the Board members concerning his vote for the LAFCO seat vacancy. Receiving no consensus, President Ferryman issued an invitation .to all members to offer any input before the meeting date of January 26, 1995. ISDOC Executive Board Mr. Hamers reported that Arlene Schafer was invited to become an Associate Secretary of the Executive Board of ISDOC. OCSD Mr. Hamers stated there was nothing from his office to report. President Ferryman reported that Mr. Jim Wahner received a plaque in honor of his many years of service. • COSTA MESA SANITARY DISTRICT Minutes - Board of Directors Meeting held January 12, 1995 Page 4 President Ferryman further informed the Board that Orange County Sanitary District reported that they are on solid ground with the emergency funds pulled out of the Orange County Treasurer's Pool. SAFETY COMMITTEE MEETING - DECEMBER 14, 1994 Mr. Hamers reported that all Board Members are advised that in the event of an extreme emergency they are requested to appear at the EOC, the City Emergency Operations Center, which is the police department. Mr. Hamers will verify the City concurs with this procedure. The minutes of the Safety Committee meeting were unanimously approved. TREASURER'S REPORTS FINANCIAL REPORT Ms. Temple presented the financial statements as of December 31, 1994. Motion to receive the report made by Director Perry, seconded by Director Schafer. Motion carries 5 -0. TREASURER'S REPORT OF MONIES ON DEPOSIT Ms. Temple presented the report showing the District's portfolio for the month of • November 1994. Motion to receive and file the report made by Director Perry, seconded by Director Schafer. Motion carries 5 -0. ORANGE COUNTY TREASURER'S POOL UPDATE Mr. Hamers reported that a date of January 27, 1995, was set for a hearing regarding the release of property tax monies held back on December 23, 1994. Mr. Hamers further reported that mention was made by the Creditor's Committee regarding making a request for a 100% reimbursement of the money in the Treasurer's Pool. DISTRICT INVESTMENT POLICY Ms. Temple introduced the revised investment policy reflecting changes recommended during the January 9, 1995 study session as follows: Page 7, section VII: Additionally, an Investment Oversight Committee comprised of the following individuals will meet quarterly to review the District's portfolio and investment strategy. Director of Finance Assistant Director of Finance • • COSTA MESA SANITARY DISTRICT Minutes - Board of Directors Meeting held January 12, 1995 Page 5 District Manager Two Board Members Page 11, section III: At least annually, the District's external auditors will analyze the District's portfolio and report to the Board regarding the legal, credit, and market risks associated with each investment policy and make recommendations for modifications, if appropriate. RESOLUTION NO. 95 -566 Director Perry motioned to adopt the RESOLUTION NO. 95 -566: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT, AUTHORIZING THE TREASURER TO INVEST AND REINVEST IDLE MONIES OF THE COSTA MESA SANITARY DISTRICT IN ELIGIBLE SECURITIES AND TO SELL OR EXCHANGE SECURITIES PURCHASED, AND AUTHORIZING SAID TREASURER TO DEPOSIT SUCH SECURITIES FOR SAFEKEEPING IN DESIGNATED BANKS AND SAVINGS AND LOANS AND AUTHORIZING THE SAID TREASURER TO DELEGATE TO THE ASSISTANT DIRECTOR OF FINANCE THE CARRYING OUT OF ANY SUCH TASKS. Director Reade seconded. Motion carries 5 -0. 7:15 p.m. - Director Perry was excused from the meeting. ENGINEER'S REPORT PROJECT STATUS REPORT Mr. Hamers presented the report with no comments. No discussion was held. DEVELOPMENT UPDATE Mr. Hamers stated there was nothing to report. PROJECT NO. 136 - ACCESS ROAD ALONG NEWPORT BEACH GOLF COURSE Mr. Hamers recommends that the Board accept improvements and file a Notice of Completion. Director Schafer motions to accept improvements and file a Notice of Completion on Project No. 136, access road along Newport Beach Golf Course, Director Reade seconded. Motion carries 4 -0. Mr. Hamers further recommends that the Board authorize the payment of retention and • exonerate bonds. Director Schafer motions to authorize payment of 5% retention 35 days COSTA MESA SANITARY DISTRICT Minutes - Board of Directors Meeting held January 12, 1995 Page 6 • after Notice of Completion is recorded, exonerate Labor and Material Bond and Faithful Performance Bond after Notice of Completion is recorded, and exonerate 10% Guarantee Bond one year after Notice of Completion is recorded, Director Worthington seconded. Motion carries 4 -0. ATTORNEY'S REPORTS AGREEMENT - LEGAL COUNSEL FOR DISTRICT Director Reade motions to accept the Legal Counsel Agreement with Alan R. Burns as written, Director Schafer seconded. Motion carries 4 -0. RESOLUTION NO. 95 -567 OPEN DISCLOSURE ON ORANGE COUNTY BANKRUPTCY PROCEEDINGS Director Schafer moved for adoption of RESOLUTION 95 -567: A RESOLUTION OF THE BOARD .OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT, CALIFORNIA, DEMANDING THAT THE ORANGE COUNTY BOARD OF SUPERVISORS, ET AL, PROVIDE FULL AND OPEN DISCLOSURE OF ALL FACTS REGARDING THE ORANGE COUNTY BANKRUPTCY PROCEEDINGS. Director Reade seconded. Motions carries 4 -0. • RESOLUTION NO. 95 -568 COMMENDING JAMES WAHNER Director Schafer motioned to adopt RESOLUTION NO. 95 -568: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT COMMENDING JAMES A. WAHNER FOR HIS 16 YEARS OF VALUABLE SERVICE AS A BOARD MEMBER OF THE COSTA MESA SANITARY DISTRICT. Director Reade seconded. Motion carries 4 -0. RESOLUTION NO. 95 -569 COMMENDING MIKE SCHEAFER Director Reade motioned to adopt RESOLUTION NO. 95 -569: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT HONORING MIKE SCHEAFER AS A DISTRICT BOARD MEMBER OF THE COSTA MESA SANITARY DISTRICT. Director Schafer seconded. Motion carries 4 -0. RESOLUTION NO. 95 -570 COMMENDING ROY JUNE Director Reade motioned to adopt RESOLUTION NO. 95 -570: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT OF ORANGE COUNTY, CALIFORNIA, HONORING ROY JUNE FOR HIS 30+ YEARS OF VALUABLE SERVICE TO THE COSTA MESA SANITARY DISTRICT. Director Schafer seconded. Motion carries 4 -0. • COSTA MESA SANITARY DISTRICT Minutes - Board of Directors Meeting held January 12, 1995 Page 7 OLD BUSINESS STATUS REPORT - PENDING ITEMS Mr. Hamers reports nothing is pending and there is no report. CREATIVE MANAGEMENT SOLUTIONS - FINANCIAL STUDY - PHASE 11 FINAL REPORT Director Reade moves that this item be tabled at this time. Director Schafer seconded. Motion carries 4 -0. 1994 TELEPHONE BOOK RECYCLING PROGRAM Mr. Hamers reports that the 1994 Telephone Book Recycling Program was very successful with approximately 88 tons being collected. Mr. Hamers commended Ms. Reichle for her excellent work on this program. Director Reade suggested publicity be given to this program. Staff is working on a plan to implement the inclusion of schools in the gathering of telephone books for next year as previously suggested by Director Worthington. 1994 CHRISTMAS TREE RECYCLING PROGRAM Ms. Reichle reports that as of January 11, between 6,000 and 6,500 Christmas trees were turned in for recycling. Publicity for this program will be in the new newsletter currently being compiled. NEW BUSINESS None ORAL COMMUNICATIONS Director Worthington, commented on the higher value of recycled newspaper. Director Reade suggested contacting the schools for the collection of newspapers by the schools in light of the higher recyclable rate. Director Reade suggested a new plaque be made for Mr. Burns reflecting his position as General Counsel. President Ferryman stated he would be conferring with Orange County Board of Supervisor Jim Silva on January 25 and has spoken with Supervisors Bill Steiner and Roger Stanton regarding a 100 percent return for the participants in the Orange County Treasurer's Pool. COSTA MESA SANITARY DISTRICT Minutes -Board of Directors Meeting held January 12, 1995 Page 8 p President Ferryman further advised response +o .a. meetin g. that, . was held on January 11, 1995, in the City'bf :Irvine of the Creditor'-s Cornm itfe'e and electe&cfficj.aI5 representing all the investors.in the-Orange County-Treas. Pool' to, urge the County to repay 100 percent of what is 'owed .to' :the::,. Costa MIS,a`- Sanitary District. Due to matters developing at this meeting `ft •.has.- bezn, determinc 41fat'diere is. an urgent need for the Costa Mesa Sanitary District to take immediate action. Director Schafer motioned to bring this item on this agenda due to its urgent nature and the fact that the agenda for this meeting was prepared prior to the January 11 meeting, Director Reade seconded. Motion was approved unanimously. Resolution No, 95-571 The Board -directed staff to prepare a resolution stating a request for the 100 percent return of assessment monies held in trust by the Orange County Treasurer's Pool to be signed by the President and Secretary and forwarded to the County of Orange, the individual supervisors and Mr. Bruce Bennett, attorney for the County of Orange. Director Schafer moved to prepare and adopt this resolution, Director Reade seconded. Motion was approved unanimously. WARRANT REPORT: President Ferryman requested the addition of the warrant report to the agenda due to the fact that it was inadvertently'oinitted during preparation of the current agenda. Director Reade ���ctioncu td add �0 the the , t X �bl L current agenda due to the urgent nature as -7a- regula course of business, Director Schafer seconded. Motion approved unanimously. Director Schafer brought the Board's attention to the fact that she was accidentally shown for her attendance at two meetings which occurred on the same day, December 21, 1994. The code allows for a per day fee regardless of the number of meetings j attended during an given day. The correction for this will appear on February's warrant: -rant.ieport. Motion made by Director Reade, seconded by Director Schafer, authorizing the President and' Secretary to sign Report No. 95-07, subject to revising the payment to Director Schafer,on. next month's warrant list, instructing the Finance Department to draw a Warrant from.,the Costa Mesa Sanitary District General Fund in the amount of $368,465.78. ADJOURNMENT At 7.:55 p.m., President Ferryman adjourned the meeting. Presided Secretary