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Minutes - Board - 2020-09-21COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS SPECIAL MEETING SEPTEMBER 21, 2020 Note: This meeting was conducted utilizing teleconferencing pursuant to Government code Section 54952.2 and the Governor's Executive Orders in effect waiving some of the requirements of that Section. Members present Arlene Schafer, Art Perry, Bob Ooten, Mike Scheafer Members absent Jim Ferryman Staff present Scott Carroll (General Manager), Noelani Middenway (District Clerk and Public Information Officer), Alan Burns (District Counsel), Kaitlin Tran (Finance Manager), Michael Benesh (Interim District Engineer), Gina Terraneo (Management Analyst II) Others present None Meeting called to order at 9:08 A.M. A. OPENING ITEMS Procedural: 1. Roll Call - (If absences occur, consider whether to deem those absences excused based on facts presented for the absence — such determination shall be the permission required by law.) Vice President Ooten called the meeting to order at 9:08 A.M. District Clerk and Public Information Officer, Noelani Middenway, noted that Vice President Ooten, Secretary Schafer, Director Scheafer, and Director Perry were present at this time. She added that President Ferryman was not present. Procedural: 2. Public Comments Vice President Ooten opened public comments. Ms. Middenway stated that there are no members of the public present to address the Board of Directors. COSTA MESA SANITARY DISTRICT PAGE 2 MINUTES OF THE BOARD OF DIRECTORS SPECIAL MEETING HELD SEPTEMBER 21, 2020 Vice President Ooten closed public comments. B. DISCUSSION ITEMS Procedural: 1. Review and Discuss CMSD's Sewer System Management Plan (SSMP) Recommendation: That the Board of Directors direct staff to bring back the Sewer System Management Plan (SSMP) to the September 28, 2020 Board of Directors regular meeting to consider approving recertification of the SSMP. Vice President Ooten provided background information on the SSMP. He stated that in 2002, the Santa Ana Regional Quality Control Board implemented waste discharge requirements. He noted that his staff at the Orange County Sanitation District (OCSD) was involved in the process. He recommended adding to the SSMP that Rob Hamers, the late District Engineer, wrote the first version of the SSMP after researching efforts taking place throughout the country. He stated that waste discharge requirements were created to reduce sanitary sewer overflows (SSOs) and protect the public's health. He added that there was a large concern in the professional community about controlling the amount of SSOs out of a fear that a national provision might be implemented to prohibit SSOs. He noted that it is probably impossible to have no SSOs throughout the United States. He stated that the federal government needs to understand the impact of legislation that would limit SSOs. He commented that he is not sure if this is appropriate to add to the SSMP, but it is historical information that should be recorded. He highlighted that, in 2005-2006, the state of California used Rob Hamers' format for waste discharge requirements. He stated that the District was integrally involved in the significant waste discharge reductions that were implemented regionally and statewide. Director Perry expressed appreciation for Vice President Ooten's information. Secretary Schafer suggested including this information to answer A6 of the staff report. Vice President Ooten stated that the District should record this information in its SSMP for posterity. District Counsel, Alan Burns, expressed agreement with Vice President Ooten's recommendation. He shared that Rob Hamers previously advised other sanitary agencies on how to develop an SSMP. General Manager, Scott Carroll, provided a brief overview of what the District has completed since the draft was presented to the Board on September 8, 2020. He stated that this item was pulled from the agenda to discuss questions submitted by the Board. He noted that all questions are addressed in the staff report. He added that the District received public comments at the September 8, 2020 Study Session from District resident, Jim Mosher, which have been addressed as well. He shared COSTA MESA SANITARY DISTRICT PAGE 3 MINUTES OF THE BOARD OF DIRECTORS SPECIAL MEETING HELD SEPTEMBER 21, 2020 that the Citizens Advisory Committee reviewed the SSMP on September 9, 2020 and had no suggestions or comments. He noted that District staff is seeking comments and suggestions from the Board and will present the SSMP to the Board for adoption and recertification at their upcoming monthly Board meeting. He noted that the Board must recertify the SSMP due to the significant changes made to staffing levels and performance measurements. Mr. Burns inquired about the recertification and the legal deadline for completion. Mr. Carroll confirmed that this is the 5-year recertification of the SSMP and that the legal deadline for completion is every 5 years. Director Perry stated that the deadline is 2020 with no specific date within the year. Mr. Burns suggested that the District holds off on recertification due the recent lawsuit from California River Watch. He stated that, since the lawsuit was received last month, it presents challenges to deficiencies in the SSMP. He recommended discussing the SSMP one more time before its official adoption. Secretary Schafer inquired if the District needs to include that the engineer's estimates have been corrected in answer A7 of the staff report. Mr. Carroll stated that the engineer's estimate was accurate and that no other changes need to be made to the SSMP. Secretary Schafer inquired about section B12 and the SSMP change log. She asked if the change log is updated every 5 years or if the District can update the log as changes are made. Mr. Carroll stated that revisions to the SSMP will be made throughout the year. He added that, if District staff makes any minor changes, then they will record them into the log chart which does not require Board approval. He clarified that the SSMP requires Board approval of recertification for significant changes. Vice President Ooten inquired about the emergency power list. He stated that some pump stations are powered by installed emergency generators, but that the South Coast Plaza Pump Station has two Edison power sources and a generator. He asked if District staff works with Edison and if they test the emergency generator. Mr. Carroll stated that South Coast Plaza is responsible for maintaining their own generator. He shared that the generator has worked in the past and that South Coast Plaza has assured the District that the generator is maintained. He noted that the District can request maintenance records from South Coast Plaza. Vice President Ooten stated that about five years ago there was a Santa Ana Regional Quality Control Board request for storm drain information from all regional COSTA MESA SANITARY DISTRICT PAGE 4 MINUTES OF THE BOARD OF DIRECTORS SPECIAL MEETING HELD SEPTEMBER 21, 2020 entities. He shared that the goal was to have that information available to various jurisdictions so that agencies know where the sewage goes in the case of an SSO. He inquired if the District has the map with that information. Mr. Carroll stated that the District has an old map and has requested for an updated version since their copy is hard to read. Vice President Ooten recommended researching the MS4 regulations by the Santa Ana Regional Quality Control Board. Director Perry inquired about the District's contact at the City of Costa Mesa for storm drain information. Mr. Carroll stated that his contact is Raja Sethuraman of Public Services. Vice President Ooten shared that he recently spoke with Mr. Sethuraman who said that the City just completed a Storm Drain Master Plan. He suggested that the District reviews it for valuable information. Mr. Carroll stated that he will contact the County of Orange for updated storm drain maps. Secretary Schafer inquired about the answer for A4 in the staff report, which discussed the inability to install permanent generators. She asked if there is a law or regulation that requires pump stations to have a permanent generator. Mr. Carroll stated that there is no regulation that requires the District to have generators onsite. He noted that the District is required to have a source of secondary power, such as a mobile generator. He shared that permanent generators are recommended because they will help improve the response time after an SSO and reduce the need for additional resources. He added that going through the process of imminent domain to acquire land for the permanent generators would present a long legal challenge requiring a lot of money. He stated that there are two viable sites for permanent generators, which are located at Gisler Avenue and the District's Corporate Yard. Director Perry inquired about how often the District checks its generator on Irvine Avenue. Mr. Carroll stated that the generator is checked daily and tested once a month to ensure that it is functioning properly. Director Perry inquired about who maintains the generator on Irvine Avenue for the District. COSTA MESA SANITARY DISTRICT PAGE 5 MINUTES OF THE BOARD OF DIRECTORS SPECIAL MEETING HELD SEPTEMBER 21, 2020 Mr. Carroll stated that the District has a contractor that maintains the generator, but District staff is responsible for testing it once a month. He confirmed that the contactor is YC Power. Secretary Schafer inquired if the District automatically budgets for replacement equipment. Mr. Carroll stated that the District has an inventory at the Yard and budgets properly for replacement equipment. He noted that the District experiences unforeseen repairs and typically has money in the budget to fix them. Director Scheafer requested to hear from the Interim District Engineer, Michael Benesh. Mr. Benesh stated that he has no additional comments on the SSMP. He noted that the SSMP is well -written and covers all necessary topics. There was no further discussion. C. CLOSED SESSION Vice President Ooten adjourned the meeting to closed session at 9:30 a.m. to discuss the following item: Discussion: 1. Conference with Legal Counsel — Existing Litigation Paragraph (1) of subdivision (d) Section 54956.9 California River Watch v. Costa Mesa Sanitary District, USDC No.: 8:20-cv-01702 D. RECOVENE TO OPEN SESSION Procedural: 1. Report out of Closed Session Mr. Burns stated that no reportable action was taken during the closed session. Vice President Ooten reconvened to open session at 9:55 a.m. There was no further discussion. E. CLOSING ITEMS Procedural: 1. Oral Communications and Director Comments None. COSTA MESA SANITARY DISTRICT PAGE 6 MINUTES OF THE BOARD OF DIRECTORS SPECIAL MEETING HELD SEPTEMBER 21,2020 Procedural: 2. Adjournment Vice President Ooten adjourned the meeting at 9:55 a.m. Arlene Schafer Secretary Jam q(.J Ferryman President