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Minutes - Board - 1992-08-27 (2)r, MINUTES OF THE COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS ADJOURNED MEETING HELD AUGUST 27, 1992 CALL TO ORDER: The Board of Directors of the Costa Mesa Sanitary District met at the adjourned session on August 27, 1992, 12 Noon, at the Civic Center, 77 Fair Drive, Costa Mesa. Directors Present: James Wahner, Nate Reade, James Ferryman, Dick Sherrick Directors Absent: Harry Green (excused) Staff Present: Roy June, Attorney, Robin Hamers, Manager/ Engineer, Susan Temple, Treasurer, Florine Reichle, Assistant Manager /Clerk of the District Director Wahner called the meeting to order at 12 Noon. The Pledge of Allegiance and Invocation was not recited again since the August 27, 1992 meeting was a continuation of the August 20, 1992 session. • TREASURER'S REPORT: Ms. Temple presented Resolution No. 92 -520 - Authorizing Treasurer to Invest District Monies'in County Treasury. Ms. Temple felt that this investment concept was beneficial for the District. She continued to explain that currently the District's investment portfolio is with the State of California Local Agency Investment Fund. The investment earning rate for the State Pool is 5.15 %, with the advantage that monies deposited for investment one day may be withdrawn the next day. Ms. Temple compared the State Pool interest rate with the present day Certificate of Deposit interest rate. The County of Orange conducts a similar pool which is known as the Orange County Treasurer's Pool (OCTP). Ms. Temple would like the authorization to invest a portion of the District's portfolio in this special pool. As of June 30 the rate of interest was 9.16 %. Ms. Temple felt that investing a portion of the District's portfolio with the County would be an important source of revenue enabling the District to utilize these earnings in financing the District's operations and increase the District's investment earnings. Prior to taking this step Ms. Temple would meet with Mr. Hamers to discuss and review the Reserve Fund and the Capital Improvement Projects to assess what the District could anticipate utilizing in the is following six months, taking into consideration that the District basically operates off its Reserves until December.. T Minutes of the Costa Mesa Sanitary District Adjourned Meeting of August 27, 1992 -- Page 2 C Director Sherrick requested to know how much money was involved. Ms. Temple did not know how much of the portfolio would be invested, but probably in the area of $1,000,000 or one third of the portfolio. She further stated that the County has no limit on the amount of investment. Director Ferryman made a motion, seconded by Director Reade to adopt Resolution No. 92 -520, A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT AUTHORIZING THE CITY TREASURER TO INVEST DISTRICT MONIES WITH THE COUNTY OF ORANGE TREASURER. Motion carried 4 -0. ENGINEER'S REPORT: PROJECT STATUS REPORT: Status Report was received and filed. DEVELOPMENT UPDATE: - No new developments to report. REVIEW OF SEWER PLANS: - No new developments to report. Project No. 122 - JOINT REWORKING AND PIPE REPLACEMENT • On July 27, 1992, bids were opened for Project No. 122 resulting in only one bid from Kennedy Pipeline Company. The bid was beyond the Engineer's Estimate. Mr. Hamers recommends that this bid be rejected and that the project be readvertised and possibly redesigned for a second bid opening in the future. Motion was made by Director Reade, seconded by Director Ferryman to reject the bid made by Kennedy Pipeline Company on Project 1112100 -122. Motion carried 4 -0. ATTORNEY'S REPORT: RESOLUTION NO. 92 -521 - Annexation No. 245: Mr. Hamers informed the Board that Annexation No. 245 is the Mesa Verde Country Club. It is one of three properties that the District is presently servicing that needs to be annexed. Motion was made by Director Reade, seconded by Director Ferryman that Resolution No. 92 -521 - Annexation No. 245, "A RESOLUTION OF APPLICATION BY THE COSTA MESA SANITARY DISTRICT REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO TAKE PROCEEDINGS FOR THE ANNEXATION OF TERRITORY, BEING ANNEXATION • NO. 245 be adopted. Motion carried 4 -0. Minutes of the Costa Mesa Sanitary District Adjourned Meeting of August 27, 1992 -- Page 3 RESOLUTION NO. 92- 521 -Zero Tax Exchange on Annexation No. 245 Director Ferryman made the motion, seconded by Director Reade that Resolution No. 92 -522 be adopted, "A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT, ORANGE COUNTY, CALIFORNIA, CONSENTING TO ZERO TAX EXCHANGE ON CERTAIN ANNEXATIONS TO THE DISTRICT; ESTABLISHING CONDITION OF WAIVER AND STATING REASONS THEREFOR. Motion carried 4 -0. MANAGEMENT AGREEMENT: ROBIN B. HAMERS & ASSOCIATES, INC: Mr. June presented the Management Agreement with ROBIN B. HAMERS & ASSOCIATES, INC. for approval. He reminded the Board that he had taken the Board's direction from the Study Session that had been previously conducted on this subject and was presenting the second draft for the Board's reconsideration. Mr. June stated that Mr. Hamers and Ms. Reichle had reviewed the Management Agreement. Motion was made by Director Reade, seconded by Director Ferryman to adopt the Management Agreement. Motion carried 4 -0. RESOLUTION NO. 92 -523 - Job Description /Manager ® Director Reade made a motion, seconded by Director Ferryman that Resolution No. 92 -523, being " "A RESOLUTION OF THE BOARD OF DIRECTORS OF COSTA MESA SANITARY DISTRICT ADOPTING CLASSIFICATION CHARACTERISTICS, QUALIFICATIONS AND JOB DESCRIPTION FOR DISTRICT MANAGER FOR THE DISTRICT be adopted. After discussion Director Sherrick made a substitute motion, and is requesting that the Board have the Manager rewrite the job description. Director Sherrick feels that the job description that was presented was too general in scope and that it should contain specific responsibilities, relating directly to the Manager. Attorney June and Mr. Hamers are both satisfied with the job description. Original motion carried 3 -1, Director Sherrick voting no. The substitute motion died due to a lack of a second. RESOLUTION NO. 92 -524 - Job Description /Engineer Director Reade made a motion, seconded by Director Ferryman that Resolution No. 92 -524, being A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT ESTABLISHING THE DUTIES AND. OBLIGATIONS AS A JOB DESCRIPTION FOR THE DISTRICT'S ENGINEER, THEREFOR, be approved. Motion carried 3 -1, Director Sherrick voting no, stating he would prefer additional information in the description. POTLACH /SIMPSON CLAIM REPORT:' • Attorney June informed the Board that the County Sanitation. District has negotiated a settlement with Potlach /Simpson and Minutes of the Costa Mesa Sanitary District Adjourned Meeting of August 27, 1992 -- Page 4 it has been requested that this settlement be kept confidential until all the twenty one agencies involved have signed. Attorney June has reviewed the settlement and has discussed it with Tom Woodruff's office and is satisfied with the settlement. Mr. June had not discussed the settlement with the staff due to the confidentiality that had been requested by the Sanitation District attorneys. Director Sherrick made a motion, seconded by Director Reade, to accept and approve the proposed settlement as presented. Motion carried 4 -0. OLD BUSINESS: PENDING ITEMS STATUS REPORT: Director Sherrick requested that Number and Types of District Meetings for 1992 -93 and Consultant Services to Assist in Staff Reorganization on the Status Report dated August 20, 1992, be deleted. Director Wahner asked if there was any opposition to these deletions and directed staff that these items be deleted from the Status Report. 0 CLAIM - PATRICIA LYON A letter was presented from Costa Mesa Disposal, Inc., stating the reasons why they had rejected the claim regarding Patricia Lyon. The claim was alleging that on June 9/10, 1992, the trash haulers had hit her car cracking her headlight, for total damages in the amount of $648.47. The claim was also rejected by the Costa Mesa Sanitary District. NEW BUSINESS: Capital Improvement Project Report (CIP) . At the August 20, 1992 meeting the Board approved Boyle Engineering preparing a review of the District's Capital Improvement Program as part of the operation of the district. The report dated July 31, 1992, from Boyle Engineering signed by Mr. Bruce Mattern informing the District that he has completed his review of the District's CIP for the 1992 -93 fiscal year. Mr. Mattern gives an analysis of each project, including an analysis of design, engineering, construction and contingency costs. Mr. Mattern also stated the CIP appeared warranted. Motion was made by Director Ferryman, seconded by Director • Minutes of the Costa Mesa Sanitary District Adjourned Meeting of August 27, 1992 -- Page 5 Reade, to receive and file the report as presented. Motion carried 4 -0. ORAL COMMUNICATIONS: Director Sherrick directed his question on the budget to the Finance Director with reference to pay raises and were they consistent with what had been done in the City. He had been informed that the City employees have had no pay raise, however, he appears to find raises in the budget which relate to salaries and wages for various City employees that work for the District. It was recommended by President Wahner that Director Sherrick meet with Ms. Temple for a full explanation of the figures contained in the budget since Ms. Temple reiterated there were no pay raises forthcoming except for merit increases. ADJOURNMENT: Director Wahner adjourned the meeting at 12:45 p.m. is PRESIDENT ASSISTANT SECRETARY •