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Ord 2008-71ORDINANCE NO. 71 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT REVISING THE DISTRICT'S OPERATING RESERVE REQUIREMENTS WHEREAS, the District's Board has, consistent with sound management practice and upon advice of its Treasurer, set the District's operating reserves at levels sufficient to withstand various contingencies that might occur; and WHEREAS, the Board also desires to not set aside unnecessary surplus as that money has been paid by the ratepayers who are the Board's constituents; and WHEREAS, the Board has recently reviewed those reserves and, upon the advice and recommendation of the District's Treasurer, determined that they should be reduced as a lesser amount will adequately protect the District; and WHEREAS, the Treasurer has recommended, and the Board does hereby approve, those recommendations to lower those reserves as specified in this ordinance; NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary District does hereby ORDAIN as follows: Section 1. That Section 4.04.010 of the Costa Mesa Sanitary District Operations Code is amended to read as follows: "4.04.010 Summary. A summary of the District's Financial Policies includes the following principles: (a) Operating Reserves: The District will maintain a minimum designated Reserve for Working Capital equal to 15% of its operating budget within its Solid Waste Fund and- 10% of its operating budget within its Liquid Waste Fund. (b) Fairness and Equity: All customers of the District will pay their fair, equitable, and proportionate cost of the services provided by the District. (c) Recurring Revenue Growth: Recurring expenditure increases should not be approved which exceed recurring revenue growth. Any new or expanded programs will be required to identify new funding sources and /or off - setting reductions in expenditures. (d) Risk Management/Retention: The District will maintain appropriate reserves for general liability claims and other programs or self insured risk retention levels to meet statutory requirements and actuarially projected needs. (e) Long Range Fiscal Perspective (Capital Expenditure Policy): The District will maintain a long -range fiscal perspective through the use of an Annual Operating Budget, Long Range Capital Improvement Program, and multi -year revenue and expenditure forecasting. (f) Capital Improvements: Major capital improvement projects will be funded using the most financially prudent method available. Such methods include: 1) Traditional long -term financing (bond issues); 2) "Pay As You Go" financing (using recurring revenues only); 3) Combination of debt financing and "Pay As You Go" financing; and, 4) Using accumulated cash reserves in excess of policy requirements. (g) Generally Accepted Accounting Principles: District staff shall comply with all generally accepted accounting principles promulgated by the state and federal government, regulatory agencies such as the Government Accounting Standards Board (GASB) and relevant professional associations such as the Government Finance Officers' Association (GFOA). Ord. 34, 2000" Section 2. That Section 4.04.020 of the Costa Mesa Sanitary District Operations Code is amended to read as follows: "4.04.020 Operating Reserves. This policy establishes a minimum level of Reserves for Working Capital within Operating Funds of the District. Operating Funds of the District consist of the Solid Waste Fund and the Liquid Waste Fund. (a) Policy: The District will maintain a minimum designated Reserve for Working Capital equal to 15% of its operating budget within its Solid Waste Fund, and 10% of its operating budget within its Liquid Waste Fund. (b) Operating Reserves Required: The Reserves for Working Capital for Operating Funds will be maintained at a level equal to 15% of its operating budget within its Solid Waste Fund, and 10% of its operating budget within its Liquid Waste Fund, for the fiscal year. The District has a period of negative cash flow for the first five months of the fiscal year until such time as the annual charges have been collected and remitted to the District. This level of operating reserve provides the District with the necessary liquidity and resources to cover this period of negative cash flow as well as unanticipated expenses. It is prudent for governmental entities to maintain operating reserves which constitutes a sound operating practice as determined by oversight bodies, professional organizations, bond rating agencies and bond insurance companies. The operating reserve may only be accessed under the following circumstances, and only with Board approval. 1. Federal /State budget cuts resulting in loss of grant funding; 2. Local revenue shortfalls due to a downturn in the local economy; 2 3. Increase in demand for specific services without another source of recovery; 4. Legislative or judicial mandates to provide new or expanded services or programs without new or fully off - setting revenues; 5. One -time Board approved expenditures; 6. Unexpected increases in inflation (Consumer Price Index); and, 7. Natural disasters (earthquakes, fires, or other general infrastructure failures). If the operating reserves are required to be used, staff will incorporate a plan to restore the Reserves for Working Capital to 15% of the Solid Waste operating budget and 10% of the Liquid Waste operating budget as part of the subsequent year's proposed budgets. Originally adopted by Ordinance 34, July 13, 2000; amended by Ordinance 71, September 18, 2008." Section 3. Should any part, clause or section of this Ordinance be declared by any Court of competent jurisdiction to be invalid, the remaining provisions of this Ordinance shall nevertheless be and remain in full force and effect and the Board of Directors of the Costa Mesa Sanitary District of Orange County, California, hereby declares that each and every section, clause, provision or part of this Ordinance would have been adopted and made a part of this Ordinance without the adoption of any portion thereof and that the invalidity of any part or provision hereof shall not in any way affect the validity or enforcement of the remaining provisions of this Ordinance that may stand on their own. Section 4. Pursuant to Health and Safety Code Sections 6490 and 6491.3, the Clerk shall cause this ordinance or a summary thereof to be published in a newspaper of general circulation printed and published in the District according to law. PASSED and ADOPTED this r day of 2008. Secretany — 3 STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS CITY OF COSTA MESA ) I, JOAN REVAK, Clerk of the Costa Mesa Sanitary District, hereby certify that the above and foregoing Ordinance No. 71 was duly and regularly passed and adopted by said Board of Directors at a regular meeting thereof, held on the 18th day of September 2008 by the following vote: AYES: Arthur Perry, Arlene Schafer, Robert Ooten, James Feryman, Gary Monahan NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Costa Mesa Sanitary District, this 18th day of September 2008. Clerk of -Costa Mesa Sanitary District 0 RESOLUTION NO. 2008 -761 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT ORDERING THAT PUBLICATION OF ORDINANCE NO. 71 REVISING THE DISTRICT'S OPERATING RESERVE REQUIREMENTS HAS BEEN PUBLISHED WHEREAS, the Board of Directors on September 18, 2008 adopted Ordinance No. 71 Revising the District's Operating Reserve Requirements amending Section 4.04.010 of the Operations Code of the Costa Mesa Sanitary District Operations Code; WHEREAS, that Ordinance was published in the Newport Beach /Costa Mesa Daily Pilot on September 30, 2008; and WHEREAS, Health and Safety Code Section 6490 provides that an order of the Board that publication has occurred is conclusive evidence that publication has properly been made; NOW, THEREFORE, the Board of Directors does hereby resolve: That it is hereby ordered and decreed that publication of Ordinance No. 71 amending the Operations Code by revising the District's Operating Reserve Requirements has occurred. PASSED and ADOPTED on this 19`" day of December 2008. Secretary, Cos t� Mesa Sanitary District President, Costa Mesa Sfnitary District Board of Doctors Board of Directors r STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF COSTA MESA ) I, Joan Revak, Clerk of the Costa Mesa Sanitary District, hereby certify that the above and foregoing Resolution No. 2008 -761 duly and regularly passed and adopted by said Board of Directors at a regular meeting thereof held on the 19th day of December 2008. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Costa Mesa Sanitary District, this -tq.t day of 2008. Clerk of th Costae .Mesa Sanitary District