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Minutes - Board - 2010-01-28• i COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING JANUARY 28, 2010 CALL TO ORDER The Board of Directors of the Costa Mesa Sanitary District met in regular session on January 28, 2010 at 5:30 p.m. at 628 W. 19th Street, Costa Mesa. PLEDGE OF Director Perry led the Pledge of Allegiance. ALLEGIANCE INVOCATION Mr. Fauth gave the invocation. ROLL CALL DIRECTORS PRESENT: Arlene Schafer, Robert Ooten, James Ferryman, Art Perry DIRECTORS ABSENT: Gary Monahan STAFF PRESENT: Scott Carroll, General Manager; Robin B. Hamers, District Engineer; Alan Burns, Legal Counsel; Tom Fauth, Operations Manager; Sherry Kallab, Administration Manager; Marc Davis, Treasurer OTHERS PRESENT President Schafer requested General Manager Scott Carroll to give an overview of changes made to the agenda and Board packet. Mr. Carroll stated the agenda staff report format was changed to demonstrate accountability. All staff reports will indicate Scott's name along with financial and legal review, as required. CJ COSTA MESA SANITARY DISTRICT MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JANUARY 28, 2010 CONSENT CALENDAR PAGE 2 General Manager Carroll requested items 11 and 14 on the Consent Calendar be pulled. Director Perry moved to approve the Consent Calendar with the exception of items 11 and 14. Director Ooten seconded. Motion carried 4 -0. General Manager Carroll explained item 11, the Project Status Report, was pulled as it did not include the most up -to -date information. Director Ooten requested the Project Status Report reflect the actual status of each project as many projects are listed when in fact they are completed. Mr. Carroll will meet with Mr. Hamers in an effort to present a more accurate accounting of the status of projects. Mr. Davis reported Item 14, the Treasurer's Report, was pulled at the request of Director Ooten. Director Ooten requested the Treasurer's Report as of December 31, 2009 include a graph with a more thorough explanation of the Treasurer's Report. Mr. Davis agreed to provide such. Director Ferryman also questioned Item 15, the Warrant Register, and the cost of • inspections appeared to be higher than normal. Mr. Hamers explained the cost was higher as he has inspectors, professional engineers working on projects and there can be as many as nine personnel working on one project. Director Ferryman expressed his concern on the cost of inspections covering a one month period. • Director Ooten moved to accept Items 11, 14 and 15 of the Consent Calendar. Director Perry seconded the motion. Motion passed 4 -0. REPORTS MINUTE APPROVAL Minutes of Sewer System Committee Meeting — December 8, 2009 Minutes of Recycling Committee Meeting — December 14, 2009 Minutes of Investment Oversight Committee Meeting — December 17, 2009 The Minutes of the Sewer System Committee Meeting of December 8, 2009 were approved as distributed. The Minutes of the Recycling Committee Meeting of December 14, 2009 were approved as distributed. The Minutes of the Investment Oversight Committee Meeting — December 17, 2009 were approved as distributed. • • COSTA MESA SANITARY DISTRICT PAGE 3 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JANUARY 28, 2010 Minutes of Regular Meeting — The Minutes of the Regular Meeting of December 17, 2009 December 17, 2009 were approved as distributed. Refunds There were no refund requests for the month of December 2009. Occupancy Report and Payment of The Trash Occupancy Count documented $196,859.41 to Costa Mesa Disposal — no increase for the occupancy report for January 2010 solid waste collection as of January 1, 2010. Therefore, the total for December is 21,502. Monthly Spill Report to State Water Resources Control Board Waste Diversion Report for December 2009 The Monthly Spill Report to the State Water Resources Control Board (SWRCB) for January 2010 was accepted as submitted. The Waste Diversion Report dated December 2009 was accepted as submitted. Contract Payment of $162,048.60 to The contract payment of $162,048.60 to CR CR Transfer — December 2009 Transfer for recycling services and disposal for the month of December 2009 was ratified as submitted. Contract Payment of $12,990.78 The contract payment of $12,990.78 to CR to CR Transfer — Santa Ana Transfer for recycling services and disposal Heights /Newport Beach — December for Santa Ana Heights /Newport Beach for the 2009 month of December 2009 was ratified as Ordinance Enforcement Officer's Report ENGINEER'S REPORTS submitted. The Ordinance Enforcement Officer's Report dated January 21, 2010 was accepted as submitted. Project Status Report The Project Status Report dated January 0 2010 was accepted as submitted. • • 0 COSTA MESA SANITARY DISTRICT PAGE 4 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JANUARY 28, 2010 Howard S. Wright Contractors Invoice The Howard S. Wright Invoice for work in the amount of $186,300.00. performed through December 31, 2009 in the amount of $186,300.00 was ratified as submitted. Howard S. Wright Contractors Invoice in the amount of $8,997.86 for Permit Reimbursement TREASURER'S REPORTS Financial Report as of December 31, 2009 The Howard S. Wright Invoice for Permit Reimbursement in the amount of $8,997.86 was ratified as submitted. The Financial Report as of December 31, 2009 was accepted as submitted. Treasurer's Report as of December 31, The Treasurer's Report as of December 31, 2009 2009 was accepted as submitted. Warrant Register for the month of Warrant Resolution #CMSD 2010 -07 was January 2010 in the amount of approved, authorizing the President and $922,308.27 Secretary to sign the warrant ratifying the payment of certain claims and demands, and specifying the funds out of which the same were paid in the amount of $922,308.27. Directors Compensation & Reimbursement of Expenses for the month of December 2009. Director Compensation and Expense Reimbursements for the month of November 2009 were approved and ratified as follows: President Schafer: $1,105.00 + $11.17 Vice President Ooten: $1,326.00 + $11.55 Director Monahan - $221.00 Director Ferryman: $442.00 Director Perry: $1,105.00 END OF CONSENT CALENDAR WRITTEN COMMUNICATIONS There were no written communications. PUBLIC COMMENTS President Schafer noted there were no public present and, therefore, no public comments. • COSTA MESA SANITARY DISTRICT PAGE 5 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JANUARY 28, 2010 MANAGER'S REPORTS STANDBY POLICY Mr. Carroll requested the Standby Policy be continued to the February 28, 2010 regular Board meeting. Director Perry moved to continue the "Standby Policy" item to the February 28, 2010 meeting. Director Ferryman seconded the motion. Motion carried 4 -0. STRATEGIC PLANNING SESSION SCHEDULED FOR FEBRUARY 20, 2010 Mr. Carroll voiced a reminder of the Strategic Planning Session scheduled for February 20, 2010 from 8:30 a.m. to 3:00 p.m. at CMSD Headquarters. Mr. Carroll reported Staff attendees will be himself, Ms. Revak, Ms. Kallab, Mr. Fauth, and Mr. Hamers. Mr. Dulake will be requested to attend a portion of the session. Should other Staff members desire to attend, they may, however, there will be no overtime paid for their attendance. RECYCLING COMMITTEE - MONDAY, JANUARY 25, 2010 Director Ooten reported on the Recycling Committee meeting held January 24, 2009. Director Ooten provided a report on the Grant from the Regional Recycling and Waste . Diversion Grant program. A check from the County for $142,256 grant was received from the County. Three agencies are involved, the City of Costa Mesa, the City of Huntington Beach and the CMSD and the bulk of the funds will be used for public outreach, education, composting and vermicomposting and to provide earth machines for local schools. Consultant, Pat McNelly is working on developing strategies to ensure sustainability of the earth machines at the schools. Director Ooten referred to the final report by Ms. Revak in the Board packet on the School Telephone Book Recycling Program. New requirements for receiving awards were instituted in the 2009 program, requiring a minimum of one -half book per student in order to qualify for the minimum $300 participation award. All participating schools met the requirement and the results of the 2009 telephone book recycling program were presented. Staff recommended a grand prize in the amount of $400 be awarded to TeWinkle, Estancia High School and Kline Elementary School. A $500 award to St. John the Baptist School was recommended for collecting 10 -20 lbs. per student. An Exceptional Effort Award was recommended for Harper Preschool Center, Kline School and St. Joachim Schools. Director Ferryman moved to approve the telephone book recycling contest awards for 2009 in the amount of $10,100.00. Director Ooten seconded the motion. Motion carried 4 -0. Ms. Revak will set up the award presentations at the schools and will coordinate with the Directors. COSTA MESA SANITARY DISTRICT PAGE 6 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JANUARY 28, 2010 • Discussion was held on the "Greeting Card Recycling Program" held in previous years with St. Jude's Ranch. This program was sponsored by the CMSD several years ago, however, the Ranch became so inundated with cards they requested no more cards be collected. It came to Staff's attention the Ranch was again collecting cards and Ms. Revak contacted the Ranch and learned their time frame for collecting cards is November through the month of February of the following year. This item will be continued and Staff will revisit in the fall of 2010. Mr. Fauth reported the City of Costa Mesa Code Enforcement Officers and Isidro Gallardo have begun placing hanging notices on containers notifying residents on the rules of removing containers from public view in a timely manner. Director Ooten reported on the CR &R brochure prepared for CMSD residents presented by Ms. Troop of CR &R. The Committee suggested a few modifications and the mailing date was agreed to be during the week of May 3, 2010. ENGINEER'S REPORTS WASTE DISCHARGE REQUIREMENTS (WDR) Mr. Hamers reported on the next Waste Discharge Requirements education seminar scheduled for February 18, 2010; with the subject of construction inspection. PROJECT #129 BRISTOL STREET SEWER CONSTRUCTION UPDATE Mr. Hamers provided the Board with an update on the capital improvement project to upsize the existing 8" VCP sewer to 15" VCP sewer to handle the increase in flows from the rezoning of the east Santa Ana Heights area. Construction is nearly complete with the remaining item being restoration of golf course property used to store equipment. The Contractor, Paulus Engineering, and the CMSD are in disagreement over the change orders submitted by Paulus Engineering. Change orders totaling over $280,000 were submitted by Paulus Engineering, which were generally rejected by letter written by District Counsel and the District Engineer. The CMSD offered, in writing, to settle a portion of the change orders and the District is awaiting a response from Paulus Engineering. Further, the District is awaiting word from the Orange County Development Agency (OCDA) as to whether they will approve an amendment to the 3 -Party Agreement in order to fund design and construction of the remaining 1/3 of the sewer line upsizing. As the water line records did not indicate the true location of the line, the project had to be halted due to the close proximity of an IRWD water line to the sewer line. • • COSTA MESA SANITARY DISTRICT PAGE 7 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING FIELD JANUARY 28, 2010 Mr. Hamers reported a provision in the 3 -Party Agreement allows OCDA to obligate the District to fund change orders in excess of 5% of the base contract bid which is $38,752. However, Mr. Hamers stated meetings have been held with OCDA staff and Paulus Engineering's practice of submitting excessive change orders is occurring in other OCDA contracts so there is a possibility OCDA may agree to fund the final change order amount. After District Counsel and Staff determine a possible agreeable settlement amount, the District Engineer plans on submitting a request to OCDA to fund the change order amount. INFLOW REDUCTION PROGRAM Mr. Hamers reported on the State Water Resources Control Board and the Orange County Sanitation District require agencies to develop programs that prevent Infiltration and Inflow (1 /1) from entering sewer systems, and gave an update on the District's 1/1 Program. Mr. Hamers explained infiltration is ground water entering into sewer lines through cracks and /or separated joints. After recently televising the District's system, the system was found to be in good condition with no measureable infiltration. Further, inflow is surface water entering from manholes or from illegal connections. The District's Inflow Reduction Program is an attempt to reduce the amount of surface water entering the sewer system. Staff believes plugging sealing manholes is the best course of action to prevent inflow; however, not all manholes will be plugged and sealed in order to allow the sewer system to function properly. To date, Staff has plugged and sealed an additional 650 manholes bringing the total to approximately 1,250 manholes sealed out of approximately 4,650 manholes District wide. Mr. Hamers reported Staff met with Fairgrounds Staff on January 6, 2010 and requested elimination of the three remaining sewer drains open to the sky (sheep wash down, horse wash down, and maintenance area) and also requested ceasing draining flooded parking areas by opening private manholes. Fairground Staff agreed to cooperate with the request. Mr. Hamers explained the District is an agency proactively reducing 1/1 and believes the experience may assist other agencies. Additionally, the District Engineer agrees with OCSD Engineers that 1/1 reduction should be regular subject matter for the OC Waste Discharge Requirements (WDR) General Group. The District Engineer and WDR Chairman will use a questionnaire to ascertain the progress of member agency II reductions. Mr. Hamers provided a copy of the first draft questionnaire for the Orange County WDR Steering Committee. Director Ferryman commented the subject was discussed at the Orange County Sanitation District Board Steering Committee meeting at a meeting on January 27, 2010. They were amazed at how low the flows are and gave the CMSD credit for its responsibility in the matter. L' COSTA MESA SANITARY DISTRICT PAGE 8 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JANUARY 28, 2010 CONVERSION OF SEWER ATLAS TO GIS Mr. Hamers reported an update on the conversion of the Sewer Atlas to GIS. The District entered into an agreement on October 26, 2009, with Environmental Engineering & Contracting (EEC) to convert the District's Sewer Atlas to GIS. This will greatly enhance access to and use of sewer information. EEC provided all 75 atlas sheets with certain base information for CMSD Staff review. Converting the Sewer Atlas to GIS and using a Computerized Maintenance Management System (CMMS) requires on -going support, experience and expertise. This will require Staff to be trained on how to operate the CMMS and update the GIS atlas. In the very near future, the District will need to consider these factors. Staff will bring this issue back to the Board for future discussion. It is estimated the District will require one - quarter to one -half full time equivalent employee to maintain and operate the programs. Director Ferryman stated this cost should have been brought to the Board's attention before considering conversion of Sewer Atlas to GIS. Director Ferryman requested an accounting of what this conversion will actually cost, including the day -to -day maintenance of the program. Staff will provide all of this information during the 2010 -11 budget process. 0 Project #186 Sewer Lateral Assistance Program Mr. Hamers provided an update of the District's Sewer Lateral Assistance Program. Since the last update, Staff has learned of the necessity for a two -way clean out construction standard. Mr. Hamers stated the program is continuing successfully but the necessity for a two -way clean out construction standard has arisen. When an agency determines a particular construction practice or standard should be followed, the agency adopts a standard and includes it with their standard plans and specifications. This alleviates each and every plan submitter from having to draw the detail while also allowing District inspectors the ability to hand the detail to plumbers and contractors rather than having to explain the desired arrangement. Mr. Hamers provided an updated spreadsheet showing fiscal year activity to date as well as draft two -way clean out standards. Mr. Hamers reported Project #186 was budgeted $150,000 for FY 2009 -10 and received a carry forward from FY 2008 -09 of $32,205 for a total of $182,205. Expenditures to date total $84,579.73. Staff estimates 16 -24 hours are needed to draft written construction standards for construction of a two -way cleanout at a cost of $1,544 to $2,316. Hot Spot Abatement Program Mr. Hamers provided an update on the District's "Hot Spot" Abatement Program. Mr. • Hamers explained the District standard for cleaning the sewer system is once a year for certain areas, once every two years for certain areas, and once every three years for other areas. Between once a year and once every three years is the industry standard for • COSTA MESA SANITARY DISTRICT PAGE 9 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JANUARY 28, 2010 agencies with comprehensive sewer maintenance programs like the District's program. Areas needing more frequent cleaning, which are known as hot spots, are cleaned as frequently as necessary. For example, the inverted siphons that run under flood control channels or commercial areas with multiple restaurants are considered hot spots. Maintaining hot spot locations is expensive and time consuming. Staff estimates approximately 92 hot spot locations exist within the District of which 10 have been successfully eliminated through this program. Mr. Hamers informed the Board the District will be constructing sewer improvements under Project #183 -2 Bristol Street Sewer to eliminate another hot spot. This project is located north of Randolph and is currently in the design phase. This project entails the removal of three large sags from one section of line. Staff meets periodically to review hot spots followed by designing repairs to eliminate the hot spots. Mr. Hamers suggested it is appropriate to schedule another meeting of the Sewer System Sub - Committee. The cost to maintain the hot spots is approximately $132,420 a year. This cost includes staffing (salaries and benefits) and equipment costs. The total project cost is estimated at $158,017 with construction costs estimated at $93,437.50. The civil engineering design cost is $15,440. A meeting of the Sewer System Sub - Committee was scheduled for Friday, February 19, 2010 at 10:00 a.m. PUMPING STATION SCADA UPGRADE Mr. Hamers provided the Board with an update of the SCADA system for District pumping stations. Mr. Hamers reported the District entered into an agreement with TRC to upgrade the District's SCADA system on August 27, 2009. SCADA (Supervisory Control and Data Acquisition) is responsible for notifying staff when there is a pump station failure. The improvements being installed by TRC such as converting from cell phone transmitting technology to more reliable radio frequency transmitting technology along with upgrading computer hardware will minimize electronic problems and provide more secure and uninterrupted reporting. This will eliminate SSOs resulting from electronic failures. The upgrades are expected to be completed by March 31, 2010. Mr. Hamers advised the Board the upgrade cost is $160,202.00 and is expected to be completed within budget. Discussion was held on the timeline and costs involved in maintaining the upgrade and Director Ferryman requested an accounting of the total costs of the SCADA upgrade including maintenance of the system. This item will be included in the Strategic Planning Session on February 20, 2010. COSTA MESA SANITARY DISTRICT PAGE 10 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JANUARY 28, 2010 • ORANGE COUNTY SANITATION DISTRICT (OCSD) OFFER OF AREA 7 SEWERS Mr. Carroll reported meeting with Mr. Jim Ruth of OCSD, along with his Assistant General Manager and Director of Finance where he learned the City of Tustin is interested in taking over the 51 -1/2 miles in Area 7. OCSD Staff performed a financial feasibility study and determined majority of the revenue comes from the City of Tustin area and they believe the larger part of the area would not be economically feasible for the CMSD. Director Ferryman stated he talked to Dave Davert of OCSD and was provided with the same information. DISTRICT YARD - 174 W. WILSON STREET - CMSD #187 Status of Construction Mr. Hamers reported construction is currently on schedule for completion by May 2010. On January 6, 2010, Staff met with the Contractor to discuss change order mark ups and indirect costs. The contract stipulates change orders are limited to direct costs only. The contractor contends that under the Public Works Construction "Greenbook" certain unforeseen and /or unanticipated change orders are eligible for mark up costs in addition to its direct costs. The contractor indicated they have seven change orders that meet the Greenbook guidelines. When the contractor was asked for the total mark up cost for the seven change orders, he indicated the total markup was approximately $3,500. Staff tentatively approved the seven change orders with their mark ups, but indicated to the contractor change orders with markups will be reviewed and approved on a case by case basis. Mr. Hamers stated Staff does not desire to set a precedent of approving large mark up costs. The contractor informed Staff if markups are not approved they will finish the work under protest and when the Yard is completed they will submit a claim against the District. The total budget for the District Yard Project is $2,505,349 with expenditures of $337,728.68 to date. SEWER SYSTEM COMMITTEE - TUESDAY, JANUARY 19, 2010 Director Monahan, Chairman of the Sewer System Committee, was not in attendance and Director Ooten provided the report on the meeting held on January 19, 2010. Staff presented the Sewer System Management Plan (SSMP). Director Ooten moved to ratify the revised Sewer System Management Plan. Director Ferryman seconded the motion. Motion passed 4 -0. 0 COSTA MESA SANITARY DISTRICT PAGE 11 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JANUARY 28, 2010 • Updates on monthly SSO statistics and the SSMP were provided at the meeting. Director Ooten reported on a Staff report on the CMSD Inflow Reduction Program. 650 manholes were sealed this month with 1250 manholes sealed year to date. Director Ooten reported on a PowerPoint presentation created by a WDR Steering Committee member on how roots make their way into sewers. The next meeting of the Sewer System Committee is scheduled for Tuesday, February 16, 2009 at 10:30 p.m. TREASURER'S REPORTS BUDGET ADJUSTMENT FOR STRATEGIC PLANNING Mr. Davis reported a budget adjustment in the total amount of $3,500 is required to provide adequate funding for completion of the Strategic Plan for the District. Mr. Davis explained funding for completion of a Strategic Plan for the District was not included in the budget for fiscal year 2009 -10. Funding for this Plan was included as part of the prior year's budget, but funding lapsed at the end of the prior fiscal year. The Plan was not completed during the prior fiscal year as a result of the District reorganization and subsequent recruitment for a General Manager. In order to provide adequate funding for BHI to continue its work on the Plan, meet with Board and Staff, and to develop a measurable set of goals and objectives, an increase of $1,225 in professional services is required in the Solid Waste Fund with a decrease in the contingency account in the amount of $1,225. An increase in the Liquid Waste Fund of $2,275 for professional services and a decrease in retained earnings in the amount of $2,275 is required. Mr. Davis explained the portion of the budget adjustment applicable to the Solid Waste Fund can be funded from remaining contingency funds budgeted for fiscal year 2009 -10. No contingency funds are available in the Liquid Waste Fund, thus a new appropriation from retained earnings is required. Director Ooten moved to approve the budget adjustment. Director Ferryman seconded the motion. Motion passed 4 -0. • • COSTA MESA SANITARY DISTRICT PAGE 12 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JANUARY 28, 2010 ATTORNEY'S REPORTS CLAIM BY BACK BAY CENTER, LTD. FOR PROPERTY AT 2651 -2675 IRVINE AVENUE (CMSD PROJECT #168 - IRVINE PUMP STATION RELOCATION Mr. Burns gave an update on the Back Bay lawsuit. The Board was previously provided with a confidential memo on the subject. The parties involved have not come any closer to an agreement. ORDINANCE ENFORCEMENT OFFICER - PROPOSED MOU Mr. Burns reported receiving a request from Kim Barlow, Attorney for the City of Costa Mesa for backup documents and District Staff provided those documents to Ms. Barlow. SELECTED LAWS ALL PUBLIC OFFICERS SHOULD KNOW Mr. Burns presented a review of Selected Laws all Public Officers Should Know. The laws included the Brown Act, the Political Reform Act of 1974, Government Code Section 844308, the Contractual Conflict of Interest Prohibition, Incompatibility of Office, Misuse of Government Property, Misuse of Office for Political Influence, Gift Limit, Honoraria • Prohibition, Passes and Discounts from Transportation Companies, Ethics Training and Expense Reimbursement, Penal Code Sections 85 and 86 — Trading of Votes & Government Coercion to Obtain Votes Illegal and a Crime, Miscellaneous Federal Laws, Revolving Door Limits, Gifts to an Agency, Directing Charitable Contributions. Mr. Burns encouraged the Board of Directors to contact him for greater elaboration. LOCAL MEETINGS ORANGE COUNTY SANITATION DISTRICT (OCSD) Director Ferryman reported the OCSD Board has created a department called "Asset Management ". The focus has been on re -doing the plant, going to full secondary treatment, building the GWRS with the Orange County Water District and to be more construction /facility oriented. Asset Management is more of a maintenance mode re- focusing on that activity. Rob Thompson will be heading that division. Also, odor and erosion control is being moved into a different area and place a lot more emphasis on that. Director Ferryman reported it is the time of year where leadership of OCSD Steering Committee changes with new Directors. • • COSTA MESA SANITARY DISTRICT PAGE 13 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JANUARY 28, 2010 Director Ferryman reported the Orange County Sanitation District will be asking the Federal government for $3M to upgrade critical infrastructure and bring OCSD to full secondary treatment as dictated under Federal Consent Decree. OCSD is also requesting support of project assistance through the Department of Energy to build fuel cell power generation. This unique project converts a wastewater byproduct, digester gas, into clean energy powered by a renewable fuel. OCSD has requested individual Board members to endorse their position by having each individual Board member write letters to Senators Boxer and Feinstein and Congressmen Campbell and Rohrabacher in support of OCSD's request for federal funds. Director Ooten moved to bring up a non - agenda item because the need arose after the agenda was posted and action needs to be taken prior to the next Board meeting because of the urgency of the legislative delegation going to Washington DC. Motion was seconded by Director Perry. Motion carried 4 -0. Director Ferryman moved to have individual letters prepared for all five Board members to send to Senators Boxer and Feinstein and Congressmen Campbell and Rohrabacher in support of OCSD's request for federal funds. Director Ooten seconded the motion. Motion passed 4 -0. 0 SANTA ANA RIVER FLOOD PROTECTION AGENCY (SARFPA) Director Ferryman reported on a meeting of the Santa Ana River Flood Protection Agency on January 28, 2010. The Seven Oaks Dam is filled up to the depth of 112 feet behind the dam which translates into about 4,000 acres of water. The Agency is trying to get authorization from the federal government for the Westminster Watershed Project to be attached to the Santa Ana River Watershed. Cost of that project is estimated at $360,000,000 in Westminster, Garden Grove and Fountain Valley. Also, they have begun work on the SARI line relocation. The FEMA flood maps are out and Director Ferryman requested copies of the map for distribution. County officials report the map in this area did not expand too much but includes northern parts of Costa Mesa. INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY ( ISDOC) President Schafer attended the January 5, 2010 meeting and gave a report on matters pertaining to CSDA and LAFCO. Director Ferryman moved to approve ISDOC membership dues for 2010 for ISDOC. Motion was seconded by Director Perry. Motion passed 4 -0. • Ir1 ICJ COSTA MESA SANITARY DISTRICT PAGE 14 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JANUARY 28, 2010 LOCAL AGENCY FORMATION COMMITTEE ( LAFCO) Director Schafer attended the January 13, 2010 meeting of LAFCO. General Manager Scott Carroll attended as well. A public hearing was held for consideration of the Ortega/La Pata Annexation to the City of San Juan Capistrano and the annexation was approved. Discussion was held on Draft Guidelines for Evaluation of LAFCO proposals, unincorporated Islands, Fiscal Model, O. C. website and a discussion on Cal- LAFCO. A decision was made that LAFCO will not pay Cal - LAFCO dues as there is not fair representation for Orange County. Election of new officers for 2010 was held and the new Chair is Peter Herzog and Vice Chair is John Moorlach. ORANGE COUNTY COUNCIL OF GOVERNMENTS President Schafer had nothing to report on OCCOG. CHAMBER OF COMMERCE President Schafer reported on the Chamber of Commerce Legislative Committee meeting held on January 6, 2010. Reports were given on new State of California legislation. Assemblyman Van Tran is working on AB1590 for stopping sale of Orange County Fairgrounds. Tony Cardenas, Regional Manager of California League of Cities spoke on petition protecting local government. President Schafer has petitions to put matter of the State ballot; one million signatures are needed by April to qualify for ballot. CALIFORNIA SPECIAL DISTRICTS ASSOCIATION (CSDA) President Schafer attended a CSDA Finance Corporation meeting on January 14 and 15, 2010. Director Schafer reported on the CSDA meeting at Lake Tahoe where Brent Ives was the facilitator. Goals and objectives were discussed. President Schafer reported she will be the Vice Chair of the Legislation Committee and the Chair of the Education Committee. President Schafer will also be the Chair of the 2010 Annual Conference at the Marriott Hotel in Newport Beach. President Schafer reported Legislative Days are May 11 and 12, 2010 in Sacramento at the Sheraton Hotel. President Schafer, Director Ferryman and General Manager Carroll plan to attend and Ms. Revak will make the reservations. President Schafer attended an Education meeting in Sacramento on January 29, 2010. President Schafer is serving CSDA in the following capacities: Vice Chair of Legislative Committee; Vice Chair Finance Committee; Past President of the CSDA Executive Board; Member of Fiscal Committee; Education Committee in charge of Workshops and Annual Conference in Newport Beach; Liaison between CSDA and CRWA. • COSTA MESA SANITARY DISTRICT PAGE 15 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING HELD JANUARY 28, 2010 CALIFORNIA ASSOCIATION OF SANITATION AGENCIES (CASA) CASA Mid -Year Conference — January 13 -15, 2010, Palm Desert President Schafer presented a written report on the conference. Director Ooten attended the session on pension benefits. A representative from CalPERS and another speaker reported on how agencies are dealing with employee benefits. Director Perry reported CalPERS took a 25% loss on their portfolio. Director Ferryman reported on the presentation on fuel cells and featured the Orange County Sanitation District as an example. It was an informative and thorough report and affirmed that OCSD is once again leading the way and doing the right thing with alternative fuels. Director Ferryman provided the CASA Annual Report for perusal. All attendees agreed it was an excellent conference and very worthwhile. WACO 0 President Schafer provided an update on CSDA at the January 8, 2010 WACO meeting. The program was "An Update on Long -Term Climate Change and the Impact on California Water and what is Happening this Winter presented by Dr. Glen MacDonald, UC Presidential Chair and Director of the University of California, Los Angeles Institute of the Environment. General Manager Scott Carroll attended and gave a detailed report on the CMSD. President Schafer also reported on a WACO Planning meeting held on January 19, 2010. The January 8, 2010 program was critiqued and members desire to invite Dr. MacDonald back in the future. The Committee is working on a program entitled, The Environmental Perspective on Water. MESA CONSOLIDATED WATER DISTRICT Directors Perry and Ooten attended the MCWD five -year rate increase hearing and reported there were 55 written protests against the increase and 13 speakers against the increase and two for the increase. The increase is up to 5% a year for five years. The Mayor of Costa Mesa was in attendance and spoke against the increase. Their justification for the 5 -year increase is the savings in not having to send the yearly postcard notification required. OLD BUSINESS • There was no old business to discuss. • COSTA MESA SANITARY DISTRICT PAGE 16 MINUTES OF THE BOARD OF DIRECTORS REGULAR MEETING WIELD JANUARY 28, 2010 NEW BUSINESS Initiative to Prevent State from taking Funds from Local Agencies President Schafer presented a petition for an initiative measure to be submitted directly to the voters that prohibits the state from taking funds used for transportation or local government projects and services — Initiative Constitutional Amendment. A million signatures are required to place the measure on the ballot. Director Ferryman motioned to adopt a resolution backing the initiative. Director Ooten seconded the motion. Motion passed 4 -0. A resolution will be prepared for approval at the next regular Board of Directors meeting. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS Mr. Fauth reported a potential SSO and discussed what occurred and came to the conclusion it was only a "wet spot" and it is not a reportable event. Secondly, Mr. Fauth reported the City of Costa Mesa is sponsoring a Community Run on April 23 and 24, 2010. Mr. Fauth will provide a memo on how the District can participate. • ADJOURNMENT President Schafer adjourned the meeting at 7:49 p.m. /,, Lt-� Secrev ay •