OJAI VALLEY SANITARY DISTRICT A Public Agency

1072 Tico Road, Ojai, California 93023 (805) 646-5548 • FAX (805) 640-0842

www.ojaisan.org

MINUTES OF REGULAR MEETING OF BOARD OF DIRECTORS

OJAI VALLEY SANITARY DISTRICT

The Regular Meeting of the Ojai Valley Sanitary District Board of Directors was held at the District Office, 1072 Tico Road on July 22, 2013. The meeting was called to order by Chairman Kaiser at 6:00 p.m. and roll call taken as follows:

DIRECTORS PRESENT:

DIRECTORS ABSENT:

STAFF PRESENT:

OTHERS PRESENT:

Russ Baggerly William M. Stone John R. (Randy) Burg Peter M. Kaiser William C. Murphy William D. O'Brien Stan Greene

None

Jeff Palmer, General Manager Brenda Krout, Clerk of the Board Ronald E. Sheets, Operations Superintendent

Mark A. Zirbel, District Legal Counsel

3. Pledge of Allegiance

Chairman Kaiser led the pledge of allegiance.

4. Additions or amendments to the Agenda

None

5. Public Concerns (items not on the agenda - three minute limit). This is an op-portunity for members of the public to speak on items not on the agenda.

None

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6. Board Concerns (Items not on the agenda - three-minute limit)

Director O'Brien announced that he wanted to make it clear that he has no finan-cial interest in the biodigester being discussed later on this agenda; Director O'Brien stated he has been involved with the biodigester project only as a volun-teer.

CONSENT ITEMS: - All consent items are considered in a single motion and voted on without discussion. Any item removed from the consent list at the request of a Board member or the public will be considered immediately following approval of the remaining consent items.

ACTION

Upon motion of Director Murphy, seconded by Director Baggerly and passed by unanimous roll call vote Item Nos. 7, 8 & 9 on the consent calendar were ap-proved as submitted.

7. Approval of Minutes - Special Meeting June 17, 2013 (a recording of each meeting is retained at the District Office for a minimum of 4 years)

8. Deferred Payment of Capacity Charges Agreement & Cease violation Agreement

a. Approve the Agreement To Cease Violation as listed below:

• 033-0-250-575 Todd & Deanna Lambert

b. Approve the Agreements Affecting Real Property as listed below:

• 017-0-324-095 Justus Family Trust • 024-0-131-015 Paul S. Wollam Trust

c. Authorize the Chairman to sign the approved Agreements; and

d. Direct staff to record the Agreements with the County of Ventura Record-er's Office.

9. Approval of Checks

Approve the checks for payment as submitted.

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CHAIRMAN KAISER ANNOUNCED A CHANGE IN THE ORDER OF THE AGENDA ITEMS; INFORMATION ITEM NO. 20 WAS ADDRESSED PRIOR TO ACTION ITEM NO. 10

20. Investment Report - Quarterly

Howard Smith, Morgan Stanley Smith Barney, was in attendance to discuss the quarterly investment report. Mr. Smith explained that the portfolio experienced some losses this quarter primarily due to a brief panic in the overall investment market caused by some misinterpreted comments from the Federal Reserve; recovery from this panic is occurring quickly. Mr. Smith noted that the District's portfolio continues to maintain a 4 percent gain on investment over the life of the portfolio. Mr. Smith also explained the historical trends and patterns with the Bond market.

The Finance Committee members voiced their support of continuing with the current investment structure.

Mr. Smith responded to questions from the Board.

The Board thanked Mr. Smith for his report. Mr. Smith left the meeting at this time, 6:15 p.m.

ACTION ITEMS:

10. Ventura River Watershed Biodiqester Feasibility Study

Mr. Palmer reviewed the background of this study including how it relates to the State's goal for reduction of waste streams to landfills and the Algae TMDL for the Ventura River Watershed recently adopted by EPA. It was noted that the study proposes the use of a biodigester as a means to eliminate the horse waste stream from the Ventura River Watershed. The Algae TMDL identified horse waste as one of the contributors to nutrients in the Ventura River Water-shed. The potential effects of the proposed biodigester on the District were discussed. The Board considered numerous questions related to the proposed biodigester, including the potential level of District involvement.

Gerard Kapuscik, Ventura County Water Protection District (VOW PD), ad-dressed the Board explaining that VCWPD was the project manager for this study; the study was performed by AECOM consultants. Mr. Kapuscik ex-plained that the study was funded through a State grant. Mr. Kapuscik dis-cussed some of the potential benefits and challenges the proposed biodigester could present. Mr. Kapuscik then introduced Ryan Gallagher, from AECOM.

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Mr. Gallagher addressed the Board, handing out a spreadsheet evaluating the biodigester's watershed benefits and potential benefits to the District. Mr. Gal-lagher stated that he believes the study shows that the biodigester is a good investment.

Both Mr. Kapuscik and Mr. Gallagher responded to questions from the Board.

Director Murphy question if Director O'Brien should recuse himself from the discussion about the proposed biodigester. Mr. Zirbel, District Legal Counsel, responded that Director O'Brien has stated that he has no financial interest in this proposed project and that any of his time spent on the project was on a volunteer basis, so he does not need to recuse himself.

Director Stone stated that at this point he would not be favor of the District be-ing involved in this proposed project.

Director Baggerly commented that he felt that the study raised more questions than answers, noting that in his opinion it is too early in the proposed project for the District to make a decision about any level of involvement.

Director Greene voiced his general support of making something useful out of waste and expressed his opinion that the District should stay involved in the process as this proposed project moves forward.

Mr. Palmer asked if the Board was comfortable that the report latently connects the District to this project. The Board discussed this point.

Director Baggerly expressed his opinion that more information is needed before the District develops a position on this proposed project.

Director O'Brien stated that he has been involved in this proposed project for 5 years and it was his opinion that the best thing for the Board to do at this time is to submit comments of their concerns on the content of the report.

ACTION

Upon motion of Director Baggerly, seconded by Director Stone and duly passed the Board is reserving judgment on the proposed biodigester project until they are able to look at the project CEQA report; and staff was directed to compile comments on the Ventura River Watershed Biodigester Feasibility Study and submit them to Ventura County Water Protection District.

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11. Final Clarifier Structural Coating/Baffle Repairs — Treatment Plant — Budget Adjustment No. 2014-04

ACTION

Upon motion of Director Baggerly, seconded by Director Murphy and passed by unanimous roll call vote Ventura Regional Sanitation District's proposals to perform the cleaning & coating of the steel and concrete surfaces and replace the fiberglass panels in Final Clarifier No. 1 at the Treatment Plant under the terms of Contract No. 2011-07, Between the Ojai Valley Sanitary District and Ventura Regional Sanitation District, on a time and materials basis not to ex-ceed $54,191, was accepted; and Budget Adjustment No. 2014-04 transferring $54,191 from the Treatment Plant Replacement Reserve into the Major Ex-penditures-TIP account to cover the cost of the repairs to the Final Clarifier No. 1 was adopted.

12. Contract No. 2013-05 — Manhole H-21-54 Replacement — Blois Construc-tion — Budget Adjustment No. 2014-02

Mr. Palmer explained that replacement of this manhole is the first step in the Santa Ana Lift Station Force Main Replacement Project.

ACTION

Upon motion of Director Murphy, seconded by Director Baggerly and passed by unanimous roll call vote the Chairman was authorized to sign Contract No. 2013-05, Agreement For Technical Services Between the Ojai Valley Sanitary District and Blois Construction, Inc., for a lump sum amount not to exceed $71,572; and Budget Adjustment No. 2014-03 transferring $71,572 from the Collection System Replacement Reserve into the Major Expenditures-Collection System account to cover the cost of this replacement was adopted.

13. Santa Ana Lift Station Force Main Replacement Project Pre-Purchase of Pipe — Budget Adjustment No. 2014-01

The need to pre-purchase the pipe for this project was discussed.

ACTION

Upon motion of Director Baggerly, seconded by Director Murphy and passed by unanimous roll call vote staff was authorized to purchase 1,620 Linear Feet of 14-inch DR 17 HDPE pipe from ISCO Industries from San Bernardino, Cali-fornia in an amount not to exceed $27,902; and Budget Adjustment No. 2014- 01 providing funding for the purchase of the pipe was adopted.

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14. Collection System JetterNacuum Truck Replacement — Budget Adjust- ment No. 2014-02

The need to replace the District vacuum truck was discussed.

ACTION

Upon motion of Director Murphy, seconded by Director O'Brien and passed by unanimous roll call vote the purchase of a 2014 Freightliner Gap Vax MC1510 Combination Machine Jetter/Vacuum Truck from Plumbers Depot Inc., for a cost not to exceed $338,256 including tax and freight, was approved; and Budget Adjustment No. 2014-02 authorizing the transfer of funds from the Equipment Reserve to the Major Expenditure-Collection System account to provide funding for this purchase was adopted.

15. Cost of Living Salary Adjustment — Resolution No. 2013-07

Mr. Palmer explained that beginning this fiscal year, the Consumer Price Index (CPI) for the 12-month period ending in February has been used to calculate the proposed CPI adjustment of salary ranges for all District employees, ex-cluding the General Manager; in prior years the CPI ending in April has been used. This change to February was made in order to provide more accurate in-formation during the budget development process. The CPI for the 12-month period ending in February was 2.2 percent.

Staff was requested to provide to the Board at the August meeting, the CPI for the 12-month period ending in April 2013.

ACTION

Upon motion of Director Baggerly, seconded by Director Stone and passed by unanimous roll call vote a 2.2 percent cost-of-living adjustment of salary ranges for all District employees, excluding the General Manager, was approved; and Resolution No. 2013-07, Adoption of the Ojai Valley Sanitary District Salary re-flecting the 2.2 percent cost-of-living increase, Effective July 7, 2013, was adopted.

16. Employees' Cafeteria Health Insurance Plan — Premium Increases

Staff reviewed the changes occurring in the health insurance premiums effec-tive January 1, 2014, noting some premiums are decreasing and others are in-creasing. These changes result in an overall decrease in health insurance costs for the District for fiscal year 2013-14.

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ACTION

Upon motion of Director O'Brien, seconded by Director Stone and passed by unanimous roll call vote increasing the monthly, per employee Cafeteria Health Insurance Plan to $1,558 effective December 1, 2013 to cover premiums for January 2014 was approved.

17. General Manager Compensation

Information regarding the compensation level of the General Manager position was reviewed and discussed. It was agreed that the compensation for this po-sition is far below average for similar positions in other local agencies.

ACTION

Upon motion of Director Baggerly, seconded by Director Greene and passed by a majority 4 to 3 vote, with Directors Stone, O'Brien and Burg voting nay, the salary for the General Manager position was increased to $178,000 and staff was directed to develop an amendment to the General Manager's employment contract to reflect this change, Chairman Kaiser was authorized to executed this amendment.

18. California Special Districts Association — Board Elections

ACTION

Upon motion of Director Baggerly, seconded by Director Murphy and duly passed the District's vote was authorized to be cast for Kathy Tiegs, the only candidate, to fill Region 5's Seat B on the CSDA Board of Directors; and staff was directed to cast the ballot for the selected candidate and to return the bal-lot to the CSDA office prior to the deadline of August 2, 2013.

INFORMATION ITEMS — FOR RECEIPT & FILE

19. Monthly Financial Reports

Received and filed.

20. Investment Report — Quarterly

Addressed earlier on the agenda.

21. Staff Reports - Operations, Administration and Management of the Dis- trict

Received and filed.

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22. Committee Reports

Received and filed.

23. Reports On Meetings, Seminars, or Conferences Attended

Director O'Brien reported on his recent attendance at the Ventura County American Water Association's (AWA) Water Committee meeting.

Director Burg reported that at the California Association of Sanitation Districts (CASA) meeting he attended in April 2013 there was a discussion about the new diesel engine restrictions being postponed; Director Burg questioned if the District should postpone taking steps to meet these new restrictions. The die-sel engine restrictions were discussed. Mr. Palmer noted that any new diesel engine purchases are made taking the new restrictions into account.

24. Items of Interest/Correspondence/Articles

Received and filed.

25. Discussion (items not on the agenda - three-minute limit)

a. Public - (Public is requested to present completed speaker's card to Clerk of the Board)

None

b. Board Members

None

c. General Manager

Mr. Palmer updated the Board on the following issues:

• CalPERS recently announced that their rate of return on invest-ment for 1 year period was 12.5 percent.

• A few years ago the State of California borrowed property tax revenue from Special Districts under Proposition 1A — recently the State started paying those funds back — the District recently received $46,000.

• Preliminary look at the District's total income for fiscal year 2012-13 — higher amount of property tax funds received than budgeted; lower amount of interest received on investments than budgeted.

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Kai er, Chairman eter

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26. Adjournment

Chairman Kaiser adjourned the meeting at 8:15 p.m.

Stan Greene, Secretary

APPROVED:

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