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Home My WebLink AboutMinutes 1994-12-08COUNTY SANITATION DISTRICTS NOS.1,2,3,5,6,7,II,13 AND 14 OF ORANGE COUNTY,CALIFORNIA MINUTES SPECIAL JOINT BOARD MEETING DECEMBER 8,1994 ADMINISTRATIVE OFFICES 10844 ELLIS AVENUE FOUNTAIN VALLEY,CALIFORNIA 92708-7018 ROLL CALL A special meeting of the Boards of Directors of County Sanitation Districts Nos.1,2,3,5,6, 7,11,13 and 14 of Orange County,California,was held on December 8,1994,at 7:30 p.m.,in the Districts’Administrative Offices.Following the Pledge of Allegiance and invocation the roll was called and the Secretary reported a quorum present for Districts Nos.1.2,3,5,6,7,ii,13 and 14 as follows: DISTRICT NO.3: ACTIVE DIRECTORS ~•_~Fred Barrera,Chair •.~James M.Ferryrnan,Chair pro tern ...L..__Pat McGuigan Roger Stanton —Tracy A.Worley — John Collins,Chair •..~_lrv PickIer,Chair pro tern ~_Fred Barrera — Buck C~tIin _.&_.Barry Denes _.~Norman Z.Eckenrode — William D.Mahoney Carrey J.Nelson —Miguel Pulido Roger Stanton Daniel T.Welch _.~._....George L.Ziaket .~......_.Sal A.Sapien,Chair •..~.......Burnie Dunlap,Chair pro tern ._L_.George Brown Buck Catlin John Collins ~_L_.James H.Flora _~.._Don R.Griffin _.~_.....Wally Linn •_~._.Thomas E.Lutz ~Victor Leipzig ....L...._.Cecilia Age _L_Irv Pickier _Margie L.Rice ~Sheldon Singer —Roger Stanton ~Charles Sylvia ALTERNATE DIRECTORS — Gene Beyer — Nate Reade Thomas E.Lutz ~•William G.Steiner ~Thomas R.Saltarelli _.~.....George Scott —Tom Daly Gene Beyer _.L_.Chris Norby Bob Bell Michael Maertzweiler _~....James H.Flora •••~_Burnie Dunlap _L_..Thomas E.Lutz ~William G.Steiner ._&......John M.Gullixson Sheldon Singer —William C.Estrada Carrey J.Nelson —Frank Laszlo ..A.......Chris Norby •..~......George Scott —William D.Mahoney — Donald Bone —Eva G.Miner — Pat McGuigan —Earle RpbitpilI~ —Joyce C.Nicholson Tom Daly — James V.Evans —George L.Zlaket _•~_William 6.Steiner —Anthony Selvaggi DISTRICT NO.5:~_L_.Jan Debay,Chair •~William G.Steiner,Chair pro tern •..~...John C.Cox,Jr. — Phil Sansone —Roger Stanton — Jan Debay DISTRICT NO.6: _~William G.Steiner —Arthur Perry _L._.John C.Cox,Jr. Roger Stanton DISTRICT NO.7:~_.Barry Hammond,Chair _~__Thomas R.Saltarelli.Chair pro tern _~_Fred Barrera ~••~_Ted Moreno —Phil Sansone _~......William G.Steiner •_~~_.Jamoc A.Wahnor Mike Ward Jim Potts Gene Beyer Miguel Pulido Jan Debay Roger Stanton Mike Scheafer DISTRICT NO.11:—Craco Wincholl,Chair ,_Victor Leipzig,Chair pro tern Roger Stanton —Earlo Robitaillo — Linda Moulton-Patterson ~William G.Steiner _~L~~_John M.Gullixson,Chair — Glenn Parker,Chair pro tern _~,Fred Barrera _A___lrv Pickier _~___William G.Steiner Daniel 1.Welch Burnie Dunlap Gene Beyer Torn Daly Roger Stanton DISTRICT NO.14:_.~Peer A.Swan,Chair ~_~_Barry Hammond,Chair pro tern •__Fred Barrera _•~_Jim Potts ,.~.._.William G.Steiner —Darryl Miller —Mike Ward Gene Beyer —Tracy A.Worley Roger Stanton DISTRICT NO.1: DISTRICT NO.2: DISTRICT NO.13: ~8~ -2- 12/08/94 STAFF MEMBERS PRESENT:Blake P.Anderson,General Manager,Penny Kyle, Board Secretary,Catherine Biele,Ed Hodges, Steve Kozack,John Linder,Margie Nelior,Bob Ooten,Gary Streed,Jean Tappan,Petra Tyndall, Paula Zelier OTHERS PRESENT:Thomas L.Woodruff,General Counsel,Michael H. Ahrens,Cindy Dennis,Grace Epperson,Norma Glover,Patty Gorczyka,Mark A.Murphy,Carolyn Seiler DISTRICT 2 Moved,seconded and duly carried: Receive and file written communication from the City of Brea That the written communication from the City of Brea re appointment of Bumie Dunlap as alternate for Director Carrey J.Nelson for the special meeting of December 8,1994,only,be,and is hereby,received and ordered filed. DISTRICT 2 In the absence of Chair John Collins and Chair pro Aøpointment of Chair pro tem tem Irv Pickier,Director Barry Denes was appointed Chair pro tern of District No.2. DISTRICT 6 In the absence of Chair James A.Wahner and Appointment of Chair pro tern Chair pro tem Evelyn Hart,Director William Steiner was appointed Chair pro tern of District No.2. ALL DISTRICTS General Counsel reported to the Directors the need General Counsel’s Comments Prior to for a closed session as authorized by Government Closed Session Code Section 54956.9,54957 and 54957.6 to discuss and consider the items that are specified on the published Agenda.No other items would be discussed or acted upon. ALL DISTRICTS Moved,seconded and duly carried: Convene in closed session pursuant to Government Code Section 54956.9 The Boards convened in closed session at 7:35 p.m.pursuant to Government Code Section 54956.9. Confidential Minutes of the Closed Session held by the Board(s)of Directors have been prepared in accordance with California government Code Section 54957.2 and are maintained by the Board Secretary in the Official Book of Confidential Minutes of Board and Committee Closed Meetings.A report of actions taken was reported in regular session as set forth immediately below. ALL DISTRICTS At 10:23 p.rn.the Boards reconvened in regular Reconvene in regular session session. -3- 12/08/94 ALL DISTRICTS Appointing Gary G.Streed as Districts’ Treasurer:authorizing the Treasurer and the Orange County Treasur~rIThy er~IIAt-tnr to Invest or Reinvest Districts’Funds and P~n~Iinri ~r~Iiifit~n No.73-18 ALL DISTRICTS Moved,seconded and duly carried: Adopting Financial Policies Applicable to Investment Programs and Procurement That the Boards of Directors be,and are hereby, Actions authorized to enter into an agreement to join with other public agency depositors in the County of Orange Commingled Investment Pool Fund,to form a coalition relative to the bankruptcy petition filed by the County of Orange;and, FURTHER MOVED:That an amount not to exceed $25,000.00,be,and is hereby,authorized as the Districts’contributive share to any such coalition to engage special legal counsel retained by the coalition;and, FURTHER MOVED:That a letter agreement be,and is hereby,approved retaining Bronson, Bronson &McKinnon as Special Bankruptcy Counsel to represent the Districts,in form approved by General Counsel.Director William G.Steiner requested that his abstention to this portion of the motion be made a matter of record.Director Norman Z.Eckenrode requested that his opposition to the motion be made a matter of record;and, FURTHER MOVED:That the Bank of America,NT&SA be,and is hereby,approved as a depository for the Districts’funds,authorizing Districts’Treasurer to open appropriate accounts with the depository for payroll purposes and operating expenditure purposes,with the account secured by collateral,and invested solely in short-term money market funds.In the event Bank of America,NT&SA is unable or unwilling to serve as a depository for the Districts’monies,the Districts’Treasurer is hereby authorized to open accounts with First Interstate Bank or Wells Fargo Bank,which Banks are hereby named as depository banks for the Districts’monies. Directors Don Griffin and Ted Moreno requested that their opposition to the motion be made a matter of record;and, FURTHER MOVED:That the Districts’Treasurer be,and is hereby,directed to establish associated accounting procedures and to engage the services of KPMG Peat Marwick to assist in the development;and, FURTHER MOVED:That the General Manager and General Counsel,be,and are hereby, authorized to execute an agreement with Brown &Wood of San Francisco,California,as Special Bond Counsel,to assist in all prior debt financing programs of the Districts,in the event of conflict with the Bond Counsel of record for all such transactions;and, Moved,seconded and duly carried: __________________________________— That the Boards of Directors hereby adopt _______________________________ Resolution No.94-156,appointing Gary G.Streed -as Treasurer of County Sanitation Districts Nos.1, ___________________________ 2,3,5,6,7,11,l3andl4ofOrangeCounty, California,authorizing the Districts’Treasurer and the Orange County Treasurer/Tax Collector to invest or reinvest Districts’Funds and that Resolution No.73-18,be,and is hereby,repealed.Said resolution,by reference hereto,is hereby made a part of these minutes. -4- 12/08/94 FURTHER MOVED:That the Finance and Personnel Committee,Districts’General Manager, Treasurer/Finance Director and related staff and Districts’Consultant,Public Financial Management Company,be,and are hereby,directed to proactively communicate and confer with the rating agencies by developing an on-going communication forum and dialog to include a continual exchange of information between the agencies and the Districts,and for the holding of meetings with the rating agencies,as needed,in the future;and, FURTHER MOVED:That an Action Team,be,and is hereby,established consisting of the Executive Committee of the Joint Boards of Directors,Districts’staff,General Counsel and Consultants,together with retained Special Counsel;and, FURTHER MOVED:That the Steering Committee,be,and is hereby,authorized to retain the services of an Investment Advisor Consultant,authorizing General Manager and General Counsel to execute agreement for said services in an amount not to exceed $50,000.00;and, FURTHER MOVED:That the General Manager,Treasurer/Finance Director and staff,be,and are hereby,directed,in conjunction with Consultants,to seek an alternative source of funds for the Districts’utilization in meeting Districts’obligations;and, FURTHER MOVED:That the Boards of Directors hereby adopt Resolution No.94-157,Adopting Financial Policies Applicable to Investment Programs and Procurement Actions,which incorporates each of the preceding adopted motions.Said resolution,by reference hereto,is hereby made a part of these minutes. DISTRICT 1 Moved,seconded and duly carried: Adioumment That this meeting of the Board of Directors of County Sanitation District No.1 be adjourned.The Chairman then declared the meeting so adjourned at 10:23 p.m. DISTRICT 2 Moved,seconded and duly carried: Adjournment That this meeting of the Board of Directors of County Sanitation District No.2 be adjourned.The Chairman then declared the meeting so adjourned at 10:23 p.m. DISTRICT 3 Moved,seconded and duly carried: Adioumment That this meeting of the Board of Directors of County Sanitation District No.3 be adjourned.The Chairman then declared the meeting so adjourned at 10:23 p.m. DISTRICT 5 Moved,seconded and duly carried: Adioumment That this meeting of the Board of Directors of County Sanitation District No.5 be adjourned.The Chairman then declared the meeting so adjourned at 10:23 p.m. -5- 12/08/94 DISTRICT 6 Moved,seconded and duly carried: Adjournment That this meeting of the Board of Directors of County Sanitation District No.6 be adjourned.The Chairman then declared the meeting so adjourned at 10:23 p.m. DISTRICT 7 Moved,seconded and duly carried: Adjournment That this meeting of the Board of Directors of County Sanitation District No.7 be adjourned.The Chairman then declared the meeting so adjourned at 10:23 p.m. DISTRICT 11 Moved,seconded and duly carried: Adioumment That this meeting of the Board of Directors of County Sanitation District No.11 be adjourned.The Chairman then declared the meeting so adjourned at 10:23 p.m. DISTRICT 13 Moved,seconded and duly carried: Adjournment That this meeting of the Board of Directors of County Sanitation District No.13 be adjourned.The Chairman then declared the meeting so adjourned at 10:23 p.m. DISTRICT 14 Moved,seconded and duly carried: Adjournment That this meeting of the Board of Directors of County Sanitation District No.14 be adjourned.The Chairman then declared the meeting so adjourned at 10:23 p.m. Secretary of thp’~oa~pd~’of Directors of County San~jorf.~1’stricts Nos.1,2,3,5,6,7,11,13 and 14 -6- I certify that those portions of the minutes of the special meeting of the County Sanitation Districts of Orange County,California,on December 8,1994,reporting the actions of District No.1 are a true and correct report of the minutes of said District and that the additional matter reported showing the actions of the other Districts shall be regarded as surplusage. Chair \ Board of Directors of County Sanitation District No.1 of Orange County,California Secretary,Boa,dpf / Directors of CduiSty S~9~tation District No.1 of Orange County, California fOl S S 0 I certify that those portions of the minutes of the special meeting of the County Sanitation Districts of Orange County,California,on December 8,1994,reporting the actions of District No.2 are a true and correct report of the minutes of said District and that the additional matter reported showing the actions of the other Districts shall be regarded as surplusage. ha Bo d of Direc ors of County itation District No.2 of Orange County,California Secretary,Boa,66f Directors of C6wity Sa itation District No.2 of Orange County, California 101 S S S I certify that those portions of the minutes of the special meeting of the County Sanitation Districts of Orange County,California,on December 8,1994,reporting the actions of District No.3 are a true and correct report of the minutes of said District and that the additional matter reported showing the actions of the other Districts shall be regarded as surplusage. Board of Directors of County Sanitation District No.3 of Orange County,California Secretary,Bga1~i of// Directors of O~tjnt~kSanitation District No.3 of Orange County, California 101 S S S I certify that those portions of the minutes of the special meeting of the County Sanitation Districts of Orange County,California,on December 8,1994,reporting the actions of District No.5 are a true and correct report of the minutes of said District and that the additional matter reported showing the actions of the other Districts shall be regarded as surplusage. r o rd of Directors of Cou ty anitation District No.5 of Orange County,California Secretary,Bopfcl of/J Directors of ~o~!nty~$~nitation District No.5 of Orange County, California fOl . . I I certify that those portions of the minutes of the special meeting of the County Sanitation Districts of Orange County,California,on December 8,1994,reporting the actions of District No.6 are a true and correct report of the minutes of said District and that the additional matter reported showing the actions of the other Districts shall be regarded as surplusage. of D~ctor~ZZ~ anitation District No.6 of Orange County,California ~ Directors of nty a tation District No.6 of Orange County, California 101 I certify that those portions of the minutes of the special meeting of the County Sanitation Districts of Orange County,California,on December 8,1994,reporting the actions of District No.7 are a true and correct report of the minutes of said District and that the additional matter reported showing the actions of the other Districts shall be regarded ~~Mnitation District No.of Orange County, California Sanitation of Orange County, 101 . . I certify that those portions of the minutes of the special meeting of the County Sanitation Districts of Orange County,California,on December 8,1994,reporting the actions of District No.11 are a true and correct report of the minutes of said District and that the additional matter reported showing the actions of the other Districts shall be regarded as surplusage. Chair Board of Directors of County Sanitation District No.11 of Orange County,California Secretary,Bo~i of’4 Directors of Cãdnty ~/itation District No.11 of Orange County, California 101 I . I I certify that those portions of the minutes of the special meeting of the County Sanitation Districts of Orange County,California,on December 8,1994,reporting the actions of District No.13 are a true and correct report of the minutes of said District and that the additional matter reported showing the actions of the other Districts shall be regarded as surplusage. S&~d 61% Directors of unty Sanitation District No.13 of Orange County, California Chair Board of Directors of County Sanitation District No.13 of Orange County,California fOl . . I certify that those portions of the minutes of the special meeting of the County Sanitation Districts of Orange County,California,on December 8,1994,reporting the actions of District No.14 are a true and correct report of the minutes of said District and that the additional matter reported showing the actions of the other Districts shall be regarded as surplusage. Chair .7 Board of Directors of County Sanitation District No.14 of Orange County,California Secretary,Bopq d’f Directors of c~&tinty nitation District No.14 of Orange County, California 101