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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS STUDY SESSION
JANUARY 13, 2015
CALL TO ORDER The Board of Directors of the Costa Mesa
Sanitary District met in study session on
January 13, 2015 at 9:30 A.M. at 628 W. 19'
Street, Costa Mesa.
ROLL CALL DIRECTORS PRESENT: Michael Scheafer, Arthur Perry, Robert
Ooten, James Ferryman
DIRECTORS ABSENT: Arlene Schafer
STAFF PRESENT: Scott Carroll, General Manager; Alan Burns,
District Counsel; Robin Harriers, District
Engineer; Wendy Davis, Finance Manager;
Denise Martinez, Interim Human Resources
Manager; Noelani Middenway, District Clerk;
Javier Ochiqui, Management Assistant; Ed
Roberts, Ordinance Enforcement Officer
OTHERS PRESENT: Dean Ruffridge, CR &R; Steve Feistel,
Copper Tree Business Park
PUBLIC COMMENT
President Scheafer invited members of the public to address the Board. Seeing none,
President Scheafer closed public comments.
ITEMS OF STUDY
President Scheafer moved Item 6 to the beginning of the agenda for discussion.
6. 151 Kalmus Drive Sanitary Sewer Overflows
Recommendation: That the Board of Directors have preliminary discussion for
taking action against the property owner at 151 Kalmus Drive by sending a
Notice of Intention to disconnect for sewer violations.
COSTA MESA SANITARY DISTRICT PAGE 2
MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION
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Scott Carroll, General Manager, indicated that the Business Center at 151 Kalmus Drive
has experienced four sewer system overflows (SSO's) since July 2013 which was
allegedly caused by the malfunctioning of the property's private pump station. Mr.
Carroll noted that CMSD staff reported to each of the SSO's to ensure no waste water
entered the storm drain. He also indicated that CMSD has made recommendations to
the property manager and had invoiced the property manager in the amount of $3,635
for CMSD's services rendered in responding to the SSO's, for which the District has not
received payment. Mr. Carroll expressed concern that the pump station is being
neglected and suggested that the Board consider addressing the issue by sending a
notice of intent to disconnect sewer services for the building. Mr. Carroll deferred to
District Counsel to discuss his correspondence with the property manager.
Alan Burns, District Counsel, confirmed that there were four separate sewer spills and
noted that the responders to the spill have indicated that the pump station is in imminent
danger of spilling again. Mr. Burns confirmed that invoices from the District have been
presented to the property manager, Steve Feistel, who had indicated that he is still in
discussion with the Board of Directors of the Association regarding the matter. Mr.
Burns noted that if the property was noticed for disconnection that there would be a
number of businesses that would be affected as they are connected to the sewer
system. He discussed the noticing process of the tenants and formal disconnection of
the property and imposing the fine assessment on the county tax roll.
Discussion followed regarding the notification of the Orange County Health Department
of the SSO's.
District Counsel Burns confirmed that the Association and property manager were
provided with a copy of the agenda report via overnight mail and email.
Steve Feistel, Accell Property Management, who is the property manager of Copper
Tree Business Park at 151 Kalmus Drive, and noted that the pump station has been in
operation for 40 years. Mr. Feistel discussed the invoices received from the District and
further discussed the features of the pump station, noting that it is not remotely
monitored and does not have a remote alarm feature in case of failure. Mr. Feistel
indicated that they have relied on the tenants hearing the alarm and calling it in. He
indicated that the Association's Board of Directors will meet on January 27, 2015 to
address the issue and that the Board has also approved a contract with Jimni to replace
both pumps. Mr. Feistel indicated that when the pump failure goes on until someone
contacts him. He has requested that Jimni provide a proposal to be able to remotely
monitor the pump stations.
Discussion followed regarding who the responsible party is to notify and be notified in
case of a spill.
COSTA MESA SANITARY DISTRICT PAGE 3
MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION
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Robin Hamers, District Engineer, informed Mr. Feistel that everything that involves the
property's private pump station is his responsibility. Mr. Hamers noted that every pump
station has the ability to provide notification in the event of failure and recommended
that Jimni be notified by phone call to address the failure when it occurs.
President Schaefer recommended that there be a 24 hour monitoring of the system.
Mr. Feistel requested a letter from the District stating that recommendation to convince
his Board to move forward with the monitoring system.
Mr. Hamers provided suggestions of an action plan for Mr. Feistel to address including
having Jimni install an automatic notification to them when the alarm goes off, to pay the
District's invoices in full, and ask Jimni for an assessment of the pump stations and
make the necessary repairs.
Mr. Feistel requested to go on record noting that he had not previously received
recommendations from the District, indicated that the pump stations are on a quarterly
preventative maintenance with Jimni, and requested to know where their system is
specifically falling short.
Mr. Carroll offered to send a letter of recommendations and suggestions to Mr. Feistel.
Mr. Burns stated that the suggestions from Mr. Hamers is helpful and that the incentive
for Copper Tree Business Park's Board of Directors is that this matter is heading for a
disconnect hearing, which will be continued for another month to allow time for a
solution to be worked out.
Discussion followed
President Schaefer noted that the District's request is for Copper Tree to reimburse the
public's money for what it cost to clean up their private SSO's and inform the
Association's Board that the property is in consideration of being disconnected from the
District's sewer system.
District Counsel Burns suggested that since the facility was in imminent danger of
overflow, that if the Board were to continue the disconnection hearing into February that
the Board would want all charges paid, a plan for the reconstruction or replacement of
the sewer pumps and an adequate remote alarm system.
District Counsel Burns indicated that if staff were to receive assurances that all
recommendations have been implemented in early February, that staff has the authority
not to set for rehearing or if the recommendations have not been implemented then staff
could set for a status update or disconnect hearing.
COSTA MESA SANITARY DISTRICT PAGE 4
MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION
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Vice President Perry requested a status update at the February 26, 2015 Board
meeting.
President Scheafer requested staff to provide Mr. Feistel a written summary of the
discussions regarding this item prior to his board meeting.
General Manager Carroll offered to attend Mr. Feistel's board meeting and address the
Board.
The Board of Directors supported Mr. Carroll attending Mr. Feistel's board meeting on
January 27, 2015 at 2:30 P.M.
District Engineer Hamers offered to provide samples of signage for posting to assist in
preventing ragging of the pump stations.
Mr. Feistel indicated that he will contact the District with the Board's decision.
District Counsel Bums indicated that the District's Board would like to receive a copy of
the contracts and proposals for the work that is to be done. Mr. Feistel agreed to
provide the copies.
The Board of Directors directed staff to provide a status report update at the February
26, 2015 Board meeting.
Vice President Perry suggested that all private pump stations have a monitoring and
alarm system.
District Counsel Burns indicated that it would not be out of the Board's authority to enact
an Ordinance that mandates all private pump stations to have a monitoring and alarm
system.
Discussion followed regarding the District's invoicing of Copper Tree for its services
rendered in cleaning up the private SSO's.
1. Recycling & Waste Diversion Reports — December 2014
Recommendation: That the Board of Directors receive and file the report.
There were no questions or comments and the report was received.
2. Ordinance Enforcement Officer Report — December 2014
Recommendation: That the Board of Directors receive and file the report.
Ed Roberts, Ordinance Enforcement Officer, provided report details and noted a
decrease in scavenging activity. Mr. Roberts requested direction from the Board
on citing individuals that live within an association.
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MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION
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President Scheafer indicated that the individual should be cited, not the
association.
There were no further questions or comments and the report was received.
3. Alkaline Battery Recycling Program - Oral Report
Recommendation: That the Board of Directors receive the oral report.
Javier Ochiqui, Management Analyst, provided an update and noted that 11
schools are participating in the program and no additional funds are
currently required to fund the program.
Secretary Ooten requested information on what the high performing schools
are doing to share that information with the other schools.
There were no further questions or comments and the report was received.
4. Organics Ad Hoc Committee Update — Oral Report
Recommendation: That the Board of Directors receive an oral report from
Secretary Ooten.
Secretary Ooten reported on his attendance of the committee meeting of
January 8, provided an update of the organics behavioral study, noted that
pictures of CR &R's anaerobic digestive system will be posted to the
District's website, discussed the billing occupancy report billing, and
scheduling of town hall meetings for the roll out of the organics program.
Vice President Perry requested to see the logos that are going to be placed
on the organics carts.
5. Indus Mainline Sanitary Sewer Overflow on January 1 2015 — Oral Report
Recommendation: That the Board of Directors receive the oral report.
General Manager Carroll provided a presentation and discussed details of
the sanitary sewer overflow (SSO) that occurred on January 1. Mr. Carroll
noted that the cleaning of the Indus mainline is currently scheduled every six
months, but will now be cleaned on a quarterly basis. He indicated that
about 8,100 gallons had entered the storm drain during the SSO.
Discussion followed regarding the possibility of relining the mainline and the
manholes.
Secretary Ooten suggested placing a smart cover on the site.
COSTA MESA SANITARY DISTRICT PAGE 6
MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION
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91
Discussion followed regarding mutual aid with the City of Newport Beach
Orange Place Sanitary Sewer Overflow— January 8 2015 — Oral Report
Recommendation: That the Board of Directors receive the oral report.
General Manager Carroll provided a report on the SSO at Orange Place that
was caused by roots and noted that District staff was able to capture the 150
gallons that had spilled.
President Scheafer noted that the Special District Risk Management
Authority (SDRMA) confirmed that the District can submit claims for the
remediation work performed.
Recommendation: That the Board of Directors consider sending a board
member to the conference.
The Board of Directors did not express interest in attending the SWANA
conference.
Providing Sewer and Solid Waste Collection Services to New Developments
Recommendation: That the Board of Directors receive and file the report.
General Manager Carroll introduced the item and deferred to District
Engineer Hamers and Management Analyst Ochiqui who provided details of
how new development plans are reviewed for sewer and solid waste
collection services.
Mr. Hamers discussed how the District ensures that the developments
density conforms to the District's land use projections.
District Counsel Burns noted that the District has a specific ordinance on
intensity of development and provided details of the ordinance.
Mr. Ochiqui discussed the process of reviewing the trash pick -up
accessibility of the new developments.
Dean Ruffridge, CR &R, commented on using smaller hauler trucks to
service the more dense developments and discussed the opportunity of re-
routing the collection days of trash collection after street sweeping.
COSTA MESA SANITARY DISTRICT PAGE 7
MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION
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10. Future Studv Session Items
Recommendation: That the Board of Directors provide staff with direction
on items to be placed on future study session agendas.
Secretary Ooten requested a budget schedule an update on the District's unfunded
liability. He also noted a discussion with the Environmentalist of the Orange County
Sanitation District on pump station abandonment.
Vice President Perry requested to have a discussion regarding medical insurance future
costs and to schedule a tour of the CR &R anaerobic digestive facility in Perris in
February.
President Schaefer requested a report from Orange Coast College on the expansion.
ORAL COMMUNICATIONS
President Scheafer requested information on the new law regarding sick time for part-
time employees.
Denise Martinez, Interim Human Resources Manager, indicated that the District is
aware of the new law that provides paid sick leave to part-time employees who work 30
hours or more.
ADJOURNMENT
There being no further business to come before the Board, President Scheafer
adjourned the meeting at 11:30 A.M.
Robert Ooten
4if
Michael Scheafe
Secretary President