Minutes - Board - 1994-12-16COSTA MESA SANITARY DISTRICT
Minutes of Board of Directors Adjourned Meeting held December 16, 1994
Call to Order: The Board of Directors of the Costa Mesa Sanitary District met in regular
adjourned session on December 16, 1994, 2:00 p.m., at the Civic Center,
77 Fair Drive, Costa Mesa.
Director Ferryman called the meeting to order at 2:00 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; Roy June,
Attorney; Florine Reichle, Assistant Manager /Clerk
of the District; Susan Temple, Treasurer; Dawn
Guastella, Permit Specialist.
• Others Present Tom Kathe, City Attorney, City of Costa Mesa
TREASURER'S REPORT OF MONIES ON DEPOSIT
Ms. Temple reports that the Costa Mesa Sanitary District currently has approximately
$2.8 million with the Orange County Treasurer's Pool and $1.8 million with LAIF. Ms.
Temple reports that two small checks amounting to approximately ten to fifteen thousand
dollars have been received from the County. Ms. Temple also reports that City Managers
are meeting concurrently with this meeting and seeking assurances in writing that monies
due on December 20 from trash and sewer assessment will come in. Verbal assurances
from Mr. Bruce Bennett, the County's bankruptcy attorney, have been received. Ms.
Temple reports that the July through September interest was due on December 14 and did
not arrive. That issue will be taken up with the Creditor's Committee. Mr. Kathe
recommended a letter be sent to the Trustee of the sub - committee indicating a desire to
be on the sub - committee.
Consider Joint Council with City
Mr. Tom Kathe, City Attorney, proposed that in light of the commonalities of
their situations, that the Costa Mesa Sanitary District join with the City of Costa
Mesa in hiring Mr. Thomas Henry Coleman as special counsel for representation
• in the Orange County bankruptcy. Mr. Kathe recommends the hiring of Mr.
Coleman to represent the special individual interests of the City of Costa Mesa
y
COSTA MESA SANITARY DISTRICT
Minutes - Board of Directors Meeting held December 16, 1994 Page 2 •
and the Costa Mesa Sanitary District that differ from the committee interests. Mr.
Kathe recommended that a waiver letter of possible conflict of interest be signed.
Mr. June recommended that Alan Burns be involved immediately with the City
of Costa Mesa in reviewing the invoices from Mr. Coleman before any payment
is made. Mr. Kathe will recommend simultaneous bills be sent both to the City
of Costa Mesa and the Costa Mesa Sanitary District. Mr. Kathe further stated that
he will provide the formula for shared payment based on the amounts invested
with the OCTP. Upon conclusion of general discussion, Director Perry motioned
to authorize the signing of the waver of conflict of interest letter. Director Schafer
seconded. Motion carries 5 -0. Director Reade motioned to join with the City of
Costa Mesa in the employment of Thomas Henry Coleman. Director Schafer
seconded. Motion carries 5 -0.
Consider Joint Council with Special Districts
Mr. Hamers reports on information just received from a meeting chaired by Mr.
Blake Anderson of Orange County Sanitation Districts. Mr. Hamers reports that
the law firm of Pillsbury, Madison and Sutro has been retained by the group of
the seven largest investors to represent their interest and the interests of the 180 •
entities involved, which includes the Costa Mesa Sanitary District. An agreement
was reached to delay action of hiring other attorneys in conjunction with other
special districts until further information is provided.
INVESTMENT POLICY
Mr. Hamers recommends that the Board review Ms. Temple's report as well as Mr.
Hamers' letter and direct staff to develop an investment policy in writing and bring it
back for review and subsequent action. Ms. Temple assembled a draft investment policy
for consideration. Director Perry made a motion to set aside further discussion on this
matter and hold a study session. Director Schafer seconds and motion carries
unanimously. A study session was scheduled for January 9, 1995, at 12:00 p.m. in the
first floor conference room.
ATTORNEY' S REPORTS
RESOLUTION NO. 94 -564, ANNEXATION NO. 249, MAKING APPLICATION
Director Reade motioned to adopt RESOLUTION NO. 94-564: 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. 249. Director Perry seconded. Motion carries 5 -0.
COSTA MESA SANITARY DISTRICT
Minutes - Board of Directors Meeting held December 16, 1994 Page 3
ZERO TAX EXCHANGE, ANNEXATION NO. 249, RESOLUTION NO. 94 -565
Director Perry motioned for adoption of RESOLUTION NO. 94 -565: 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 CONDITIONS OF WAIVER AND STATING
REASONS THEREFOR. Director Schafer seconded. Motion carries 5 -0.
OLD BUSINESS
STATUS REPORT - PENDING ITEMS
Mr. Hamers reports that nothing is pending and there is no report.
CREATIVE MANAGEMENT SOLUTIONS - FINANCIAL STUDY - PHASE II
FINAL REPORT
Mr. Hamers recommends leaving this item on the agenda until the Board is prepared for
• discussion. No action was taken at this time.
QUESTIONNAIRE - PARTNERS 2010 AND O.C. LEAGUE OF CITIES
No action was taken.
ENTRY PERMIT AGREEMENT - 32ND AGRICULTURAL ASSOCIATION
Mr. Hamers reports that this agreement was previously approved at the November 10,
1994 meeting subject to manager's negotiating an amount lower than $5,000 for
installation of a conduit for use by the fairgrounds. Negotiations resulted in no conduit
being requested. In lieu of a conduit, a request was made to clean two onsite sewer lines
for a period of five years. An estimated time of four hours per year would be required to
comply with this request, thereby providing a substantial savings. Director Schafer moved
for approval. Director Perry seconded. Motion to approve the agreement as presented
carries 5 -0.
1994 TELEPHONE BOOK RECYCLING PROGRAM
Ms. Reichle reports that in light of the late delivery of the phone books, a decision was
made to extend the program to December 20. Ms. Reichle states that there has been good
® news coverage on the recycling program. Director Worthington proposed involving
schools in the collection of the phone books. A suggestion was made by Mr. Hamers to
COSTA MESA SANITARY DISTRICT
Minutes - Board of Directors Meeting held December 16, 1994 Page 4
suggest handing out only one phone book per site unless two or more are requested. A
decision was made to follow up on the suggestion of limiting private entity phone books,
as well as incorporating the above suggestions into next year's program.
NEW BUSINESS
Ms. Reichle reports that the Christmas tree recycling is going to be relocated to the
Orange County Fairgrounds Center. This program will be in effect from January 2, to
January 13, 1995.
ORAL COMMUNICATIONS
Director Ferryman issued a reminder of the Chamber of Commerce summit meeting,
December 21, at 7:30 a.m. to 9:00 a.m. All directors were invited.
ADJOURNMENT
At 6:00 p.m., Director Ferryman adjourned the meeting to December 22, 1994, at 4:00 p.m.
Presid jt
Secretary
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COSTA MESA SANITARY DISTRICT
NOTICE OF ADJOURNMENT OF REGULAR MEETING
TO ADJOURNED SESSION
DIRECTORS
James Ferryman
Nate Reade
Arthur Perry
Arlene Schafer
Dan Worthington
The regular meeting of the Costa Mesa Sanitary District held on
December 8, 1994, was adjourned to Friday, December 16, 1994 at
2 p.m. in Conference Room 1 -A of the Costa Mesa Civic Center, 77
Fair Drive, Costa Mesa, California.
Florine T. Reichle
Assistant Manager/
Clerk of the District
FAX (714) 432 -1436
P.O. BOX 1200, COSTA MESA, CALIFORNIA 92628 -1200 • 77 FAIR DRIVE • (714) 754 -5043