Minutes - Board - 1995-07-06COSTA MESA SANITARY DISTRICT
Minutes of Board of Directors Adjourned Special Meeting held July 6, 1995
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Call to Order: The Board of Directors of the Costa Mesa Sanitary District
met in adjourned special session on July 6, 1995,
12:00 p.m., at the Civic Center, 77 Fair Drive, Costa Mesa.
Director Ferryman called the meeting to order at 12:00 p.m.
Director Schafer 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 Harriers, 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: Ms. Deborah Robiglio, Orange County Register.
• GENERAL COUNSEL'S CONTRACT — CONSIDERATION OF ADJUSTMENT FOR
SERVICES
Mr. Harriers presented to the Board a letter from Mr. Alan Burns, General Counsel to the Costa
Mesa Sanitary District, dated June 21, 1995, requesting an amendment to Mr. Burns' contract
awarding an increase in compensation. Director Perry motioned to approve an increase in
compensation to $105 per hour for all hours worked by Alan Burns, General Counsel, and
authorize the president and secretary to sign an amendment to Mr. Burns' contract reflecting the
compensation increase. Director Worthington seconded. The motion to increase Mr. Burns'
compensation passed unanimously.
RESCISSION /MODIFICATION OF RESOLUTION NO. 94 -563, ESTABLISHING
GUIDELINES FOR SCHEDULING MEETINGS.
Mr. Burns presented alternative action approaches to the existing Resolution No. 94 -563 in an
effort to rectify ambiguities in the Resolution. Director Perry motioned to adopt amended
Resolution No. 94 -563R, A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
COSTA MESA SANITARY DISTRICT, COUNTY OF ORANGE, CALIFORNIA,
ESTABLISHING GUIDELINES FOR SCHEDULING, CONTINUING OR RESETTING
REGULAR MEETINGS OF THE BOARD OF THE DISTRICT AND STATING REASONS
THEREFOR.
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COSTA MESA SANITARY DISTRICT
Minutes - Board of Directors Meeting held July 6, 1995 Page 2
The amendment will modify the language to read in part:
1. The District shall endeavor to conduct regular meetings on the normally scheduled
date and time and if changes are required shall endeavor to schedule the specially
set meeting to a later date. Nothing herein shall preclude the District from
conducting meetings at an earlier date and time, after appropriate notice had been
given, when it is determined to be in the District's best interest.
2. That any regular meeting set later in date and time or providing a different place
shall be duly noticed and posted as required by the Ralph M. Brown Act
(Government Code § 54950 - 54962) and such other federal, state and local laws,
rules and regulations as shall be applicable.
Director Worthington seconded. The motion to adopt amended Resolution No. 94 -563R passed
unanimously.
CONSIDERATION OF CANCELLING REGULAR MEETING OF JULY 13, 1995 AT
6:00 P.M. AND RESCHEDULING TO JULY 13, 1995 AT 12:00 NOON.
Director Reade motioned to reschedule the regular meeting of July 13, 1995, 6:00 p.m. to
is July 13, 1995 12:00 p.m. Director Perry seconded. The motion to change the regular meeting
time passed unanimously.
Directors Perry and Worthington will meet at 11:00 a.m., July 13, 1995, for the Investment
Oversight Committee meeting.
CREATIVE MANAGEMENT SOLUTIONS FINANCIAL STUDY PHASE II FINAL
REPORT — CITY /DISTRICT CONTRACT
Mr. Hamers reviewed the study prepared by Creative Management Solutions and restated the
events leading up to today's discussion.
Both Ms. Temple and Mr. Hamers described the use of various City personnel by the District.
Mr. Hamers reviewed the District's use of the City and various private entities to meet the
operational needs of the District.
Ms. Temple reviewed Indirect Cost Components and the Components of Salary Charges prepared
by her staff with the Board.
Mr. Burns suggested putting a performance standard into the agreement with the City of Costa
Mesa and defining the execution of task responsibility.
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COSTA MESA SANITARY DISTRICT
Minutes — Board of Directors Meeting held July 6, 1995 Page 3
Director Reade requested Ms. Temple to provide documentation of the total savings the City of
Costa Mesa enjoys by contracting out different divisions of the City government.
Mr. Barry Newton will be requested to expand his analysis to include research of a district of
comparable size to the Costa Mesa Sanitary District to study their level of service and efficiency
of operation to assist in determining the feasibility of the Costa Mesa Sanitary District operating
independently from the City of Costa Mesa. Mr. Newton will be asked to attend the regular
meeting of July 13, 1995, to answer further questions from the Board.
CR TRANSFER — AMENDMENT TO RECYCLER'S CONTRACT
Mr. Hamers presented Exhibit A, which included handwritten changes requested by CR Transfer.
Director Reade requested a financial statement from CR Transfer.
Mr. Hamers further suggested increasing CR Transfer's participation in the AB -939 education
program by providing up to five tours per year and one seminar per year at no cost to the Costa
Mesa Sanitary District. CR Transfer will provide updated brochures every two years, including
• mailing, and participate in anti — scavenging enforcement both at a yearly cost not to exceed
$10,000.
Mr. Burns suggested increasing CR Transfer's AB -939 participation in accordance with any fee
increase.
President Ferryman suggested extending the term of the contract in lieu of having an evergreen
clause.
Director Perry suggested a 5 year fixed and 3 year rolling contract.
Mr. Hamers will contact CR Transfer with the Board's concerns regarding a rolling contract and
the other provisions and will advise the Board on the resulting negotiations at the July 13, 1995
meeting.
ORAL COMMUNICATIONS
Mr. Hamers advised the Board of the meeting Wednesday, July 12, 1995 at 9:30 a.m. with
Pacific Bell, GTE and Donnelley to be attended by Director Worthington, Ms. Reichle, Ms.
Guastella and Mr. Hamers. A representative from the State Integrated Waste Management Board
will also attend. The proposed discussion will be how to expand the District's existing program
for recycling telephone books. President Ferryman will also attend.
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COSTA MESA SANITARY DISTRICT
Minutes — Board of Directors Meeting held July 6, 1995
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Mr. Flamers further advised the Board of the Santa Margarita Water District /Cal American
hearing July 10, 1995. Mr. Flamers made available the executive summary.
ADJOURNMENT
At 2:15 p.m. Director Ferryman adjourned the meeting.
Secretary
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President