OJAI VALLEY SANITARY DISTRICT A Public Agency 1072 Tico Road, Ojai, California 93023 (805) 646-5548 • FAX (805) 640-0842 www.ojaisan.org
NOTICE OF MEETING
NOTICE IS HEREBY GIVEN that the Ojai Valley Sanitary District Board of Directors will hold a regular meeting at 6:00 p.m. on Monday July 23, 2018 at the District Office locat ed at 1072 Tico Road, Ojai California.
If you require special accommodations for attendance at or participation in this meeting, please notify our office 24 hours in advance at (805) 646-5549. (Govt. Code Section 54954.1 and 54954.2(a).
The Ojai Valley Sanitary District Board of Directors encourages all interested parties to speak on any issue or subject matter subject to the District's jurisdiction. It is the desire of the Board that its business be conducted in an orderly and efficient manner.
PUBLIC INPUT:
All comments from the public are to be addressed to the Board of Directors, not to District Staff, Consultants or District Legal Counsel.
Items Not On The Aaenda: All speakers are requested to fill out a Speaker Card (Green) and submit it to the Clerk of the Board. All speakers are requested to present their information to the Board as concisely as possible with a three (3) minute time limit. This time limit may be modified by the Board Chairperson if necessary. If a member of the public does not wish to speak but wishes the Board to have benefit of their posi tion on an issue, they can present a Comment Card (Peach) which will be acknowledged by the Chairperson. No response will be given or action taken unless an emergency exists as defined in subdivision (b) of the Government Code 54954.2. Items requiring action will be referred to staff or placed on a subsequent aqenda.
Items On The Aaenda: All speakers are requested to fill out a Speaker's Card (Green) and submit it to the Clerk of the Board before the item is taken up for consideration. All speakers are requested to present their in formation to the Board as concisely as possible with a three (3) minute time limit. Allowing an indi vidual to speak more than three minutes is at the discretion of the Chairperson of the Board. Speak ers are encouraged to refrain from restating previous testimony. If a member of the public does not wish to speak but wishes the Board to have benefit of their position on an issue, they can present a Comment Card (Peach) which will be acknowledged by the Chairperson.
AGENDA The agenda is posted at the District Office no later than 5 p.m. on the Friday preceding the Board meeting, and contains all items on which Board action will be allowed pursu ant to Government Code Section 54954.2. Action will be taken on unanticipated items only when an emergency (as defined in Section 54956.5) exists or as otherwise allowed under Section 54954.2(b). All Board meetings are recorded in their entirety (excluding authorized closed sessions).
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The business to be transacted is as follows:
1. Call to Order
2. Roll Call
3. Pledge of Allegiance
4. Additions or amendments to the Agenda
5. Public Concerns (items not on the agenda - three minute limit).
This is an opportunity for members of the public to speak on items not on the agenda.
PUBLIC HEARINGS:
None
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.
6. Approval of Minutes - Regular Meeting June 25, 2018 (a recording of each meeting is retained at the District Office for a minimum of 4 years)
7. Deferred Payment of Capacity Charges Agreements
a. Approve the Agreement Affecting Real Property as listed below:
• 017-0-380-135 Ojai Valley Assisted Living, LLC
b. Authorize the Chairman to sign the approved Agreement; and
c. Direct staff to record the Agreement with the County of Ventura Record er's Office.
8. Review of Disbursements/Checks For The Period of June 19, 2018 to July 13,2018
Review, receive and file the disbursements/checks as presented.
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ACTION ITEMS:
9. Contract Nos. 2018-08 & 2018-14- 2018 Sewer Main Pipe Bursting Project - Budget Adjustment No. 2019-09
a. Find the 2018 Sewer Main Pipe Bursting Project to be Categorically Ex empt in accordance with CEQA Section 15301 (b) and the District's Ad ministrative Supplement To The State CEQA Guidelines; and
b. Direct staff to file a Notice of Exemption in accordance with CEQA Sec tion 15062; and
c. Approve and authorized the Chairman to sign Contract No. 2018-08, Be tween Ojai Valley Sanitary District and Mocon Corporation for the con struction of the 2018 Sewer Main Pipe Bursting Project in an amount not to exceed $379,750; and
d. Approve and authorize the Chairman to sign Contract No. 2018-14, Be tween Ojai Valley Sanitary District and Phoenix Civil Engineering for the construction management services for the 2018 Sewer Main Pipe Burst ing Project in an amount not to exceed $17,105; and
e. Adopt Budget Adjustment No. 2019-09 transferring $416,790 (which in cludes Contract Nos. 2018-08 & 2018-14, $8,580 for Hamner, Jewell & Associates and $11,355 for Oakridge Geoscience's work) from the Col lection System Replacement Reserve fund to the Major Expenditures-C/S account to cover the cost of this Project.
10. Consider and Authorize District Response to 2017-18 Ventura County Grand Jury Final Report on Independent Districts: Approve and Adopt Proposed Resolution No. 2018-12 (Reserve Policy)
a. Receive and File 2017-18 Ventura County Grand Jury Final Report on Independent Districts (04/26/2018);
b. Authorize General Manager, in consultation with Legal Counsel, to pre pare and submit "Response to Grand Jury Report Form" in response to the Ventura County Grand Jury Final Report on Independent Districts, specifically OVSD by August 10, 2018; and to take necessary actions to implement the responses set forth therein; and
c. Approve and adopt Resolution No. 2018-12, District Reserve Policy.
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INFORMATION ITEMS
11. OVSD'S Pretreatment Program Update
12. Treatment Plant Effluent Considerations
13. Monthly Financial Reports
14. Quarterly Investment Report
15. Staff Reports - Operations, Administration and Management of the Dis trict
16. Committee Reports
• Ordinance/Public Relations/Newsletter/Webpage Committee - 6-20-18
17. Director Reports On Meetings, Seminars, or Conferences Attended
18. Items of Interest/Correspondence/Articles
19. Board Member & General Manager Comment
a. Board Member Comments
Opportunity for Board Members to briefly comment on matters they deem appropriate to the business of the District. A Board Member may ask a question of staff for clarification, make a brief announcement, or make a brief report on his/her own activities related to the District. A Board Mem ber may also provide a reference to staff or other resources for factual in formation, or request staff to report back to the Board at a subsequent meeting concerning a matter related to the District business. The Board Member may also direct staff to place a matter of District business on a future Board agenda.
b. General Manager Comments
20. Adjournment
A staff report providing more detailed information is available for most agenda items, and may be reviewed in the District office during regular business hours (Monday through Friday from 8 a.m. to 5 p.m.). Copies of individual reports may be requested from the Clerk of the Board (646-5548).
ATTEST TO POSTING: l& July 19, 2017 @ 4:30 p.m. Brenda Krout - Clerk of The Board Date & Time Posted At District Office
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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 Dis trict Office, 1072 Tico Road on June 25, 2018. The meeting was called to order by Chairman Baggerly at 6:00 p.m. and roll call taken as follows:
DIRECTORS PRESENT: Russ Baggerly Peter M. Kaiser William Ulrich John R. (Randy) Burg John R. (Jack) Curtis William M. Stone
DIRECTORS ABSENT: Stan Greene
STAFF PRESENT: Jeff Palmer, General Manager Brenda Krout, Clerk of the Board Richard Nack, Operations Manager
OTHERS PRESENT: Robert N. Kwong, District Legal Counsel
3. Pledge of Allegiance
Chairman Baggerly 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 opportunity for members of the public to speak on items not on the agenda.
None
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PUBLIC HEARINGS:
6. Sewer Service Charges For Collection on Tax Rolls for Fiscal Year 2018/19
Chairman Baggerly opened the public hearing at 6:02 p.m. Mrs. Krout, Clerk of the Board, confirmed that no written communications had been received from the public.
Chairman Baggerly asked for public comment. No public comment was received.
Chairman Baggerly declared the public hearing closed at 6:03 p.m.
ACTION
Upon motion of Director Kaiser, seconded by Director Curtis and passed by unani mous roll call vote Exhibit A, the report listing parcels with the final amounts to be col lected for Fiscal Year (FY) 2018-2019 for reentry on the general tax roll for collection in FY 2018-2019, Exhibit B, the report listing parcels with the final amounts to be collect ed by FY 2018/2019 for initial entry on the general tax roll for collection in FY 2018/2019 and Resolution No. 2018-06, Regarding Collection of Sewer Service Charges By The County of Ventura were adopted; and the Clerk of the Board was di rected to file a certified copy of the adopted resolution with the Ventura County Audi tor-Controller with a statement endorsed over her signature that the resolution was adopted by your Board; and staff was directed to coordinate collection of sewer service charges on the general tax roll of Ventura County with the County Auditor-Controller, Assessor, and Tax Collector.
7. Sewer Capacity Charges Paid In Installments - Collected On The Tax Roll For Fiscal Year 2018-2019
Chairman Baggerly opened the public hearing at 6:04 p.m. Mrs. Krout, Clerk of the Board, confirmed that no written communications had been received from the public.
Chairman Baggerly asked for public comment. No public comment was received.
Chairman Baggerly declared the public hearing closed at 6:04 p.m.
ACTION
Upon motion of Director Stone, seconded by Director Curtis and duly passed Exhibit A, the report listing parcels with the final amounts to be collected for FY 2018/2019 for reentry on the general tax roll for collection in FY 2018/2019 and Exhibit B, the report listing parcels with the final amounts to be collected by FY 2018/2019 for initial entry on the general tax roll for collection in FY 2018/2019 were adopted.
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ACTION
Upon motion of Director Kaiser, seconded by Director Burg and passed by unanimous roll call vote Resolution No. 2018-07, Regarding Collection of Capacity Charges By The County of Ventura was adopted and Clerk of the Board was directed to file an cer tified copy of the adopted resolution with the Ventura County Auditor-Controller with a statement endorsed over her signature that the resolution was adopted by your Board; and staff was directed to coordinate collection of the annual installment of capacity charges on the general tax roll of Ventura County with the County Auditor-Controller, Assessor, and Tax Collector.
8. SDS Financing Program - Installment Payments - Collection On Tax Rolls For Fiscal Year 2018-2019
Chairman Baggerly opened the public hearing at 6:05 p.m. Mrs. Krout, Clerk of the Board, confirmed that no written communications had been received from the public.
Chairman Baggerly asked for public comment. No public comment was received.
Chairman Baggerly declared the public hearing closed at 6:06 p.m.
ACTION
Upon motion of Director Burg, seconded by Director Curtis and duly passed Exhibit A, the report listing parcels with the debt installment payments to be collected for Fiscal Year (FY) 2018-2019 for reentry on the general tax roll for collection in FY 2018-2019 was adopted.
ACTION
Upon motion of Director Kaiser, seconded by Director Stone and passed by unani mous roll call vote Resolution No. 2018-08, Regarding Collection of Financing Costs and Charges By The County of Ventura was adopted; and Clerk of the Board was di rected to file an certified copy of the adopted resolution with the Ventura County Audi tor-Controller with a statement endorsed over her signature that the resolution was adopted by your Board; and staff was directed to coordinate collection of the bi-annual principal and interest installment payments, from several projects financed by the Dis trict, on the general tax roll of Ventura County with the County Auditor-Controller, As sessor, and Tax Collector.
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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 Kaiser, seconded by Director Curtis and passed by unani mous roll call vote, with Director Burg abstaining from the vote on Item No. 9 due to his absence from the May 21, 2018 meeting, Item Nos. 9 & 10 on the consent calendar were approved as submitted.
9. Approval of Minutes - Special Meeting May 21, 2018 (a recording of each meeting is retained at the District Office for a minimum of 4 years)
10. Review of Disbursements/Checks For The Period of May 15, 2018 to June 19, 2018
Review, receive and file the disbursements/checks as presented.
ACTION ITEMS:
11. Resolution No. 2018-09 - Expressing Appreciation To James L. Stallings For His Years of Service and Numerous Contributions To The Ojai Valley Sanitary Dis trict
Mr. Palmer announced that Jim Stallings will be retiring from District employment on July 7, 2018. Mr. Palmer reviewed Jim's contributions to the District's operations dur ing his years of District employment.
ACTION
Upon motion of Director Curtis, seconded by Director Kaiser and passed by unani mous roll call vote Resolution No. 2018-09, Resolution Expressing Appreciation To James L. Stallings For His Years Of Service And Numerous Contributions To The Ojai Valley Sanitary District was adopted, and staff was directed to present the adopted Resolution No. 2018-09 to James LStallings, extending best wishes to him in his re tirement.
12. Resolution No. 2018-10 - Declaring An Exception To The 180-day Wait Period For Hiring a Retired Employee in Accordance With Government Code Sections 7522.56 and 21224, Appointing And Providing For The Employment of James L. Stallings As a Retired Annuitant In The Position of Annuitant Construction Con sultant and Approving An Employment Agreement Thereto
Mr. Palmer explained the benefits of hiring Jim Stallings as a retired annuitant, on a limited duration, to fill a critical need of the District to utilize his experience and knowledge.
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ACTION
Upon motion of Director Stone, seconded by Director Burg and passed by unanimous roll call vote Resolution No. 2018-10, Declaring An Exception To the 180-day Wait Pe riod For Hiring A Retired Employee In Accordance With Government Code Sections 7522.56 and 21224, Appointing and Providing For The Employment of James L. Stallings As A Retired Annuitant In the Position of Annuitant Construction Consultant and Approving An Employment Agreement Thereto was adopted; and the Employment Agreement between James L. Stallings and the Ojai Valley Sanitary District was ap proved and the General Manager was authorized to execute this agreement.
ACTION
Upon motion of Director Kaiser, seconded by Director Burg and passed by unanimous roll call vote the following job descriptions and salary grades were approved and the General Manager was authorized to fill positions on the adopted Organizational Chart as he determines best meets the needs of the District, not to exceed the approved Full Time Equivalent of 21 positions: • Information Technician Grade 148 • Annuitant Construction Consultant Grade 185 • Senior Project Manager Grade 195 • Construction Manager Grade 202 • Assistant General Manager Grade 250
13. Septic System Failures - Proposed Mainline Sewer Extension Cuyama Road - Three (3) Properties
Mr. Palmer explained that three properties on the west end of Cuyama Road have been experiencing problems with their septic systems for several years and have ap proached the District about connecting their properties to the sewer system. It will be necessary for an extension of the District's mainline sewer to be construction to facili tate the connection of these properties; the extension and all related connection costs would be borne by the property owners.
ACTION
Upon motion of Director Burg, seconded by Director Curtis and duly passed staff was directed to continue working with District Legal Counsel to finalize an appropriate mainline extension agreement between the property owners on Cuyama Road Ojai and the District; and the General Manager was authorized to execute the final main line extension agreement on behalf of the District, presenting the project to the Board for final approval and acceptance at a future meeting.
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14. Proposed Ordinance No. OVSD-79. 1 Amending The Ojai Valley Sanitary District Code of Regulations To Extend a Temporary Moratorium on Permitting Second ary or Accessory Dwelling Units
Chairman Baggerly asked Mrs. Krout to conduct the reading, by title only, of urgency Ordinance No. OVSD-79.1 Amending The Ojai Valley Sanitary District Code of Regu lations To Extend A Temporary Moratorium On Permitting Secondary or Accessory Dwelling Units. Mrs. Krout conducted the reading.
Chairman Baggerly opened the public hearing for proposed urgency Ordinance No. OVSD-79.1 at 6:14 p.m.
Mrs. Krout, Clerk of the Board, confirmed that no written notices regarding the pro posed urgency Ordinance had been received.
Chairman Baggerly asked for public comment; there was no public comment
Chairman Baggerly declared the public hearing closed at 6: 14 p.m.
Director Ulrich expressed his concern that the full text of the Government Code/s cited in relation to this urgency ordinance were not included in the agenda packet for the Di rectors' information. Director Ulrich stated that because the text of the Government Code/s wasn't included, the information presented was lacking essential elements for the Board to deem this an emergency.
Mr. Palmer reported that the Ordinance Committee discussed proposed draft changes to sections of the District Code related to dwelling units, ADU's, and capacity charges. Mr. Palmer noted there are four major legal questions that staff and District Legal Counsel (DLC) are still researching; these legal questions were discussed with the Committee. The questions are:
1. How does Prop. 218 and the State Constitution relate to the recent housing laws and what takes precedence in regard to each property paying their fair share vs. ADU laws that make certain units exempt from capacity charges? 2. What are the differences between the proposed Type I, Type II and Type Ill ADUs? And, when is an ADU structure considered "existing"? 3. How does the "owner occupied" term impact ADU approvals? 4. Which types of ADU's and under what conditions (existing, owner occupied, etc.) are capacity charges waived?
Mr. Palmer reviewed these four questions, noting that staff and DLC are evaluating how the current and new State laws all fit together and will be reporting the conclu sions to the Ordinance Committee prior to bringing this back to the Board.
Mr. Kwong, DLC, noted that part of the reason for the proposed moratorium extension is the fact that new State laws addressing 2nd units/ADUs have been passed every year for the past few years, and there is presently one bill, SB 831, pending and the outcome of this law should be known within another 4 months.
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Director Ulrich repeated his request for a copy of the referenced Government Code/s.
Mr. Kwong explained that citations to government codes within a document is an ac ceptable and sufficient legal practice.
Director Ulrich disagreed with Mr. Kwong's statement.
Director Ulrich stated for the record that he was requesting for the third time to be pro vided a copy of the referenced Government Code/s.
The Board reviewed and discussed the proposed urgency ordinance. Mr. Palmer and Mr. Kwong responded to questions from the Board. Mr. Palmer noted that the State is continuing to change rules that affect the District, but staff and DLC are close to having some direction to discuss with the Ordinance Committee and then the Board.
The loss of revenue and how the District can recoup that loss if certain ADUs can con nect to the sewer system for free was discussed.
ACTION
Upon motion of Director Burg, seconded by Director Kaiser and passed by a majority 5 to 1 roll call vote, with Director Ulrich voting nay, the proposed extension of a moratori um on new and pending 2nd UniUADU applications for a limited time was found to be statutorily exempt from California Environment Quality Act (CEQA) in accordance with Section 21080.17 of the Public Resources Code; urgency Ordinance No. OVSD-79.1 Amending the Ojai Valley Sanitary District Code of Regulations To Extend a Tempo rary Moratorium on Permitting Secondary or Accessory Dwelling Units was approved and adopted , declaring the provisions of this Ordinance will take effect and become enforceable on June 22, 2018 and last until October 22, 2018, or until such time as District staff returns to the District Board with any changes to the District Code to com ply with Government Code §65852.2, whichever comes sooner.
15. Contract Nos. 2018-06 & 2018-11 - 2018 Sewer Main Rehabilitation Project Budget Adjustment No. 2019-02
Mr. Palmer reviewed the scope of work for this project.
ACTION
Upon motion of Director Stone, seconded by Director Kaiser and passed by unani mous roll call vote the 2018 Sewer Main Rehabilitation Project was found to be Cate gorically Exempt in accordance with CEQA Section 15301(b) and the District's Admin istrative Supplement To The State CEQA Guidelines; and staff was directed to file a Notice of Exemption in accordance with CEQA Section 15062; and Contract No. 2018- 06, Between Ojai Valley Sanitary District and Nuline Technologies, LLC for the con struction of the 2018 Sewer Main Rehabilitation Project for a total not to exceed
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$425,000 was approved and the Chairman was authorized to sign Contract No. 2018- 06; and Contract No. 2018-11 with Phoenix Civil Engineering for the construction management services for the 2018 Sewer Main Rehabilitation Project in an amount not to exceed $39,675 was approved and the Chairman was authorized to sign Contract No. 2018-11; and Budget Adjustment No. 2019-02 transferring $464,675 from the Col lection System Replacement Reserve fund to the Major Expenditures-C/S account to cover the cost of this Project was adopted.
16. Contract Nos. 2018-07 & 2018-12 - 2018 Manhole Rehabilitation Project-Budget Adjustment No. 2019-03
Mr. Palmer reviewed the scope of work for this project.
ACTION
Upon motion of Director Kaiser, seconded by Director Stone and passed by unani mous roll call vote the 2018 Manhole Rehabilitation Project was found to be Categori cally Exempt in accordance with CEQA Section 15301(b) and the District's Administra tive Supplement To The State CEQA Guidelines; and staff was directed to file a Notice of Exemption in accordance with CEQA Section 15062; and Contract No. 2018-07, Be tween Ojai Valley Sanitary District and Sancon Engineering, Inc. for the construction of the 2017 Manhole Rehabilitation Project for a total not to exceed $160,530 was ap proved and the Chairman was authorized to sign Contract No. 2018-07; and Contract No. 2018-12 with Phoenix Civil Engineering for the construction management services for the 2018 Manhole Rehabilitation Project in an amount not to exceed $24,590 was approved and the Chairman was authorized to sign Contract No. 2018-12; and Budget Adjustment No. 2019-03 transferring $185,120 from the Collection System Replace ment Reserve fund to the Major Expenditures-C/S account to cover the cost of this Project was adopted.
17. Contract Nos. 2018-09 & 2018-13 - 2018 Sewer Main Spot Repairs & Manhole Lid Replacement Project-Budget Adjustment No. 2019-04
Mr. Palmer reviewed the scope of work for this project.
ACTION
Upon motion of Director Kaiser, seconded by Director Stone and passed by unani mous roll call vote the 2018 Sewer Main Spot Repair and Manhole Lid Replacement Project was found to be Categorically Exempt in accordance with CEQA Section 15301 (b) and the District's Administrative Supplement To The State CEQA Guidelines; and staff was directed to file a Notice of Exemption in accordance with CEQA Section 15062; and Contract No. 2018-09, Between Ojai Valley Sanitary District and Frank's Rooter & Pumping Services, Inc. for the construction of the 2018 Sewer Main Spot
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Repair and Manhole Lid Replacement Project in an amount not to exceed $111,659 was approved and the Chairman was authorized to sign Contract No. 2018-09; and Contract No. 2018-13 with Phoenix Civil Engineering for the construction management services for the 2018 Sewer Main Spot Repair and Manhole Lid Replacement Project in an amount not to exceed $7,555 was approved and the Chairman was authorized to sign Contract No. 2018-13; and Budget Adjustment No. 2019-04 transferring $119,214 from the Collection System Replacement Reserve fund to the Major Expenditures-C/S account to cover the cost of this Project was adopted.
18. Treatment Plant Equalization Basins Jet Aeration Pumps Replacement - Budget Adjustment No. 2019-05
Mr. Palmer reviewed the need to replace these pumps.
ACTION
Upon motion of Director Kaiser, seconded by Director Stone and passed by unani mous roll call vote acceptance of the Xylem Water Solutions proposal to provide 3 Flygt 10 HP submersible pumps model NP-3127.070 in an amount not to exceed $33,683.16, including tax and shipping, was approved and the General Manager was authorized to accept the proposal; and Budget Adjustment No. 2019-05 transferring $33,684 from the Treatment Plant Replacement Reserve to the Major Expenditures-TP account to provide funding for this purchase was adopted.
19. Tertiary Filters Compressor Replacement- Budget Adjustment No. 2019-06
Mr. Palmer reviewed need for the replacement of the compressor.
ACTION
Upon motion of Director Kaiser, seconded by Director Curtis and passed by unani mous roll call vote acceptance of Davmar Compressor Service and Sales proposal for the purchase and installation of a Ingersoll Rand 20 HP Nirvana compressor 460V for a total price of $30,578.55 was approved and the General Manager was authorized to accept the proposal; and Budget Adjustment No. 2019-06 transferring $30,579 from the Treatment Plant Replacement Reserve to the Major Expenditures-TP account to provide funding for the purchase and installation of the Ingersoll Rand 20 HP Nirvana compressor was adopted.
20. Waste Activated Sludge (WAS) Pump Replacement - Budget Adjustment No. 2019-07
Mr. Palmer reviewed need for the WAS pump replacement.
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ACTION
Upon motion of Director Stone, seconded by Director Burg and passed by unanimous roll call vote acceptance of Equipompe lnc.'s proposal for the purchase of a Muniflo RPD-5.5 complete rebuilt pump for a total price of $16,800 was approved and the General Manager was authorized to accept the proposal; and Budget Adjustment No. 2019-07 transferring $16,800 from the Treatment Plant Replacement Reserve account to provide funding for the purchase of the Muniflo RPD-5.5 pump was adopted.
21. Manhole Replacement Frames & Covers - Budget Adjustment No. 2019-08
ACTION
Upon motion of Director Curtis, seconded by Director Kaiser and passed by unani mous roll call vote the purchase of 35 manhole frames and covers from Famcon Pipe and Supply, Inc. for a cost not exceed of $11,261.25 including tax and freight was ap proved and authorized; and Budget Adjustment No. 2019-08 authorizing the transfer ring of $11,262 from the Collection System Replacement Reserve into the Capital Ex penditure and Line Maintenance accounts to provide funding for this purchase was adopted.
22. Sanitary Sewer Management Plan (SSMP) - Update and Audit Certification
Mr. Palmer explained that State law requires collection systems statewide to develop a Sanitary Sewer Management Plan (SSMP) and requires the SSMP to be updated eve ry five years. Internal audits of the SSMP are also required.
ACTION
Upon motion of Director Curtis, seconded by Director Kaiser and duly passed the 2013 Revised Sanitary Sewer Management Plan and the 2018 Sanitary Sewer Management Plan Audit Report were received and certified; staff was directed to provide periodic audits and updates on the Sanitary Sewer Management Plan in accordance with the State Water Resources Control Board Waste Discharge Requirements.
23. Amendment to Memorandum of Understanding - Watershed Councils of Ventura County (WCVC) - Resolution No. 2018-11
Mr. Palmer explained that the District has been a participating agency with the Water shed Councils of Ventura County (WCVC) for many years. The WCVC oversees and coordinates the ongoing Integrated Regional Water Management (IRWM) planning and implementation process in our Region, with the County of Ventura hosting the Program.
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ACTION
Upon motion of Director Kaiser, seconded by Director Burg and passed by unanimous roll call vote the Amendment to the Memorandum of Understanding (MOU) for the Wa tersheds Coalition of Ventura County (WCVC) extending the MOU to August 22, 2023 was approved: and Resolution No. 2018-11, Amendment To Memorandum of Under standing Between the Ojai Valley Sanitary District and the County of Ventura to Partic ipate in the Watersheds Coalition of Ventura County's Integrated Regional Water Management (IRWM) Planning Efforts was adopted.
24. Budget Adjustment No. 2018-29 - End of Fiscal Year Adjustments
ACTION
Upon motion of Director Burg, seconded by Director Kaiser and passed by unanimous roll call vote Budget Adjustment No. 2018-29 transferring funds within the Treatment Plant operational accounts to offset higher than anticipated expenditures in identified accounts and transferring $55,297 from the Contingency & Stabilization Reserve, $21,530 from the Collection System Replacement Reserve, and $13,610 from the Treatment Plant Replacement Reserve into the identified accounts to cover unantici pated expenses that were incurred during the fiscal year was adopted.
INFORMATION ITEMS - FOR RECEIPT & FILE
25. Monthly Financial Reports
Received and filed.
26. Monthly Investment Report
Received and filed.
27. Staff Reports - Operations, Administration and Management of the District
Received and filed.
28. Committee Reports
• Ordinance/Public Relations/Newsletter/Webpage Committee
Received and filed.
29. Reports On Meetings, Seminars, or Conferences Attended
None.
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30. Items of Interest/Correspondence/Articles
None
31. Board Member & General Manager Comment
a. Board Member Comments
Director Curtis reported on his recent attendance to a meeting of the Ventura Regional Sanitation District's (VRSD) Board of Directors; upgrade of the Toland landfill was discussed; VRSD is in the process of revising their CUP with the County.
b. General Manager Comments
Mr. Palmer updated the Board on various issues including the following:
• Noah Sharp recently passed the test for and received his Collection System Operator IV certificate; Keegan Shirck is also preparing for his Collection System Operator IV certificate, Keegan will be jumping from an Operator II certificate to an Operator IV, skipping the Ill certification. • Request for Qualification for engineering services for TMDL compliance has been sent out. • Rate study is well underway • Grand Jury conducted website audit of all special districts in Ventura Coun ty, the resulting report identified 2 areas for improvement for OVSD; no election for OVSD directors has been held since 2016 and there isn't a re serve policy posted on our website. • The District has been borrowing funds since 1994 to repair the sewer sys tem to combat l&I; approximately $30 million in interest has been paid over these years. Currently there is approximately $8 million in outstanding debt.
32. Adjournment
Chairman Baggerly adjourned the meeting at 7:00 p.m.
William M. Stone, Secretary
APPROVED:
Russ Baggerly, Chairman
\\OVSD-ARCHIVE 1\My Documents\Board Mtgs\2018\06-25-2018\Minutes.docx 6-IL 16 OJAI VALLEY SANITARY DISTRICT A Public Agency I 072 Tico Road, Ojai, California 93023 (805) 646-5548 • FAX (805) 640-0842 WWW .O)aJSan.org
July17,2018
Board of Directors Ojai Valley Sanitary District Ojai, CA 93023
DEFERRED PAYMENT OF CAPACITY CHARGES AGREEMENT
District Code of Regulations, Chapter 3 provides procedures for property owners to enter into an Agreement with the District to defer the payment of capacity charges owed to the District. The executed agreement, establishing the conditions of the deferment, is re quired to be recorded on the property's title.
The option to defer the payment of capacity charges is available to property owners with new connections to the public sewer and property owners complying with the District's Unpermitted Connection Ordinance. Each property owner has the choice of deferring the payment over a period of 5, 10 or 15 years. The Agreement states the property owner will pay annual installments over the duration of the deferment period, the first in stallment due at the signing of the Agreement and the remaining annual installments will be collected via the County property tax roll. The Agreement also has an optional provi sion allowing the property owner to pay the first installment in equal monthly payments over a period of months, to be completed prior to the end of the current fiscal year and not to exceed 1 year.
Currently, for your consideration is one fully executed capacity charge deferment agreement, known as Agreement Affecting Real Property. The property owner is pur chasing 10 capacity units to serve a new assisted living facility being constructed on their property and have elected to defer their payments over a period of 5 years.
The Agreement presented for your approval is listed below by assessor's parcel number and owner's name:
• 017-0-380-135 Ojai Valley Assisted Living, LLC
The Agreement has been approved by District Legal Counsel as to form and legal suffi ciency.
If you have any questions or need additional information please call me at 646-5548.
17 Board of Directors July 17, 2018 Page 2
RECOMMENDATION
It is recommended the Board: a. Approve the Agreement Affecting Real Property as listed below:
• 017-0-380-135 Ojai Valley Assisted Living, LLC b. Authorize the Chairman to sign the approved Agreement; and c. Direct staff to record the Agreement with the County of Ventura Recorder's Office. ~~ Brenda Krout Administrative Officer
Enc.
APPROVED FOR JULY 23, 2018 AGENDA:
JEFFP~ERALMANAGER
\\OVSD-ARCHIVE1\My Documents\Board Mtgs\2018\07-23-2018\Deferred Pymt Agnnts.docx 18 No recording fees pursuant to Government Code Section 27383. Recording essential for Benefit of Ojai Valley Sanitary District
RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO:
Ojai Valley Sanitary District 1072 Tico Road Ojai, California 93023
SPACE ABOVE THIS LINE FOR RECORDER'S USE
AGREEMENT AFFECTING REAL PROPERTY
AGREEMENT FOR DEFERRED PAYMENT OF OJAI VALLEY SANITARY DISTRICT CAPACITY CHARGES
APN: 017-0-380-135
,.., , .. ~ THIS AGREEMENT is entered into this ~") day of June, 2018 by and between OJAI VALLEY SANITARY DISTRICT, a public sanitary district in the County of Ventura, California formed pursuant to the Sanitary District Act of 1923, Health and Safety Code Section 6400 et seq., ("District") and the Ojai Valley Assisted Living, LLC a California Limited Liability Company ("Owner'').
RECITALS
A. Owner is the owner of that certain real property located in the County of Ventura, State of California, commonly known as 203 E. EL Roblar, Ojai, California 93023, designated as Ventura County Assessor's Parcel No. 017-0-380-135, as described in that certain GRANT DEED executed on March 28, 2017 and recorded with the Ventura County Recorder's Officer as Instrument No. 20170330-00043039-0 on March 30, 2017, and more particularly described in Exhibit "A" attached hereto and incorporated herein by reference (the "Property"). The Property is located within the District's service area.
8. Chapter 3 of the Ojai Valley Sanitary District Code of Regulations ("Code") authorizes the District to impose certain Capacity Charges on Owner as a condition of the District permitting Owner to establish a new sewer connection or to expand the use of an existing sewer connection to the Property.
C. Owner desires to connect the Property to the public sewer for commercial use requiring Owner to pay District Treatment Plant Capacity Charges, Trunk Sewer Capacity Charges, Local Sewer Capacity Charges and Plan Check Fees based upon ten (10) Sewer Capacity Units (hereinafter collectively referred to as "Total Capacity Charges").
19 D. Chapter 3, Section 301.20 of the Code authorizes District and Owner to enter into this "Agreement for Deferred Payment of Ojai Valley Sanitary District Capacity Charges" ("Agreement") providing that the Owner may, in accordance with Health and Safety Code Section 5474 et seq., pay the Total Capacity Charges required to develop the Property in installments at a set rate of interest and further providing that the amount of the charges plus the interest thereon may constitute a lien against the Property.
E. The District Board of Directors found on July __, 2018 that executing this Agreement will relieve the financial burdens on the Owner and serves the purposes of the District and its service area.
F. District and Owner desire to enter into this "Agreement for Deferred Payment of District Capacity Charges" on the terms and conditions set forth herein.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Recitals and Exhibits. The parties agree that all Recitals set forth above and all Exhibits attached to this Agreement are intended to be and hereby are specifically made a part of this Agreement.
2. Definitions. The parties agree that all words and phrases in this Agreement which have been defined in the District Code or other District regulation shall have the same meaning in this Agreement as they have in the District Code or other District regulation.
3. Election of Payment Option. Owner has elected and agrees to pay the Total Capacity Charges required to connect the Property to the public sewer in accordance with the payment option set forth in District Code Chapter 3, Sections 301.20 and 301.20.2. Said charges are more specifically described in "Exhibit B," attached hereto and incorporated herein by this reference.
4. Deferred Payment of Capacity Charges. Owner shall pay the Total Capacity Charges set forth in "Exhibit B" as follows: Immediately upon execution of this Agreement, Owner agrees to pay the District an initial annual installment in the amount of Seven hundred thirteen dollars and twenty cents ($713.20), followed by five (5) equal annual installments in the amount of Thirty-two thousand dollars and no cents ($32,000.00) each. All installments shall be based on zero percent (0.00%) annual interest rate, as set forth in the amortization schedule attached hereto as "Exhibit C" and incorporated herein by this reference.
5. Collection of Charges on the Tax Roll. Following Owner's payment of the Initial Installment, the District may, in accordance with Health and Safety Code Section 5474 et seq., collect each remaining Annual Installment at the same time and in the same manner as taxes levied against the Property, which installments may constitute a lien against the Property.
,:·;·-·, .._:,~. _: .. c ~· c· ·.:,·~··-'
20 6. Termination of Service for Nonpayment. The District may terminate sewer service to the Property to compel payment of the capacity charges which are the subject of this Agreement should those charges not be paid in accordance with this Agreement. District's right to such termination is contingent upon District providing ten (10) calendar days' notice, in writing, to Owner and to any parties known to the District to have an interest in the Property of breach of this Agreement, and ten (10) days for cure to be made to the District's sole satisfaction.
7. Indemnification by Owner. Owner agrees to indemnify and hold harmless District, and its officers, directors, employees, agents, and representatives (hereinafter collectively referred to as "District Indemnities"), from and against, and shall reimburse each District lndemnitee on demand for any and all direct or indirect claims, suits, actions, proceedings, liabilities, obligations, judgments, fines, penalties, claims, losses, damages, costs and expenses of any kind (including, without limitation, the reasonable fees and disbursements of counsel, accountants and other experts whether incurred in connection with any of the foregoing or in connection with any investigative, administrative or adjudicative proceeding, whether or not such District lndemnitee shall be designated a party thereto), together with any and all reasonable costs and expenses associated with the investigation of the same, which may be incurred by such District lndemnitee relating to, based upon, resulting from or arising out of:
a. the breach of any representation or warranty made by Owner in this Agreement;
b. the breach or default in performance of any agreement, covenant or obligation of Owner contained in this Agreement;
8. Recordation. This Agreement shall be recorded with the Ventura County Recorder.
9. Charges Due and Payable Upon Change of Ownership or Refinancing. Owner shall notify District, in writing, no later than fourteen ( 14) days prior to the consummation of any sale, assignment, change of ownership or other transfer (hereinafter collectively referred to as "Change of Ownership") of the Property or portion thereof. Change of Ownership includes, without limitation, any transfer of title between an individual and a legal entity, or between legal entities, regardless of whether the proportional interests of the transferors and transferees partnership interest remain the same after transfer. Owner agrees that, in the District's sole discretion, the District may require that Owner pay the total unpaid balance of the Capacity Charges which are the subject of this Agreement prior to or upon consummation of such Change of Ownership.
The District may collect the total unpaid balance of Capacity Charges due under this provision in any manner authorized by law, including electing to have that total unpaid balance added to and collected with the annual real property tax assessment on the Property. Owner understands, acknowledges and agrees that all the procedures and remedies provided by law for nonpayment and/or late payment which apply to real property tax collection may likewise apply to the collection of such total unpaid balance if the District does so elect.
June20: .~ . .:!oc 21 10. Prepayment. Owner may elect to prepay all or any portion of the outstanding principal balance of the Capacity Charges which are the subject of this Agreement without prepayment penalty. In the event of prepayment, annual installment payment amounts will be recalculated to reflect the decrease in outstanding balance.
11. Compliance with other Laws. Owner's compliance with the terms and conditions of this Agreement shall not relieve Owner from complying with any other District regulation and other applicable law governing Owner's connection to the District's facilities, including, without limitation, those regulations requiring that Owner pay applicable annual sewer service charges and other sewer-related fees and charges.
12. Run with Land. This Agreement and the rights, duties, and obligations of the parties hereto shall bind and inure to the benefit of the Parties hereto and their respective successors and assigns, and shall be construed as covenants and restrictions which shall run with the land under and pursuant to California Civil Code Section 1468 and other applicable law.
13. Heirs, Successors & Assigns. This Agreement shall be binding on the heirs, successors, and assigns of the parties hereto, and Owner shall furnish any successors, assigns or purchasers of any part or all of the Property with a copy of this Agreement; provided, however, that Owner's failure, or that of any other person, to so furnish such copy shall in no way prejudice the right of District to require Owner's heirs, successors, and assigns to comply with the terms and conditions of this Agreement.
Should Owner or Owner's successors-in-interest fail to pay Capacity Charges in accordance with the terms and conditions of this Agreement, or as otherwise required by the District Code or District regulations, neither Owner nor the Owner's successor-in-interest shall have the right to access and use that portion of the District's sewer system capacity necessary to serve the Property.
Should Owner or Owner's successors-in-interest fail to pay any Capacity Charges in accordance with the terms and conditions of this Agreement, the District may seek any lawful remedy, including, without limitation, terminating sewer service to the Property.
Nothing in this Agreement shall relieve Owner or Owner's successor-in-interest from liability they may incur as a result of their failure to comply with the District Code of Regulations and other applicable law.
14. Effective Date; Termination. This Agreement shall become effective upon execution by both parties, and shall terminate as soon as all payments required by this Agreement are received by District. Upon District's receiving all payments required under this Agreement, District shall record a "Notice of Termination of Agreement" with the Ventura County Recorder.
15. No Assignment. Neither this Agreement, nor any interest herein, may be assigned, conveyed, or in any manner transferred by Owner.
22 16. Notices. All notices, necessary or convenient to the performance of the parties hereunder, shall be in writing, and may be given to the parties by personal delivery, or by mail, first class (or equivalent) postage prepaid,
Addressed in case of DISTRICT as follows: Attention: General Manager Ojai Valley Sanitary District 1072 Tico Road Ojai, California 93023
Addressed in case of OWNER as follows: Ojai Valley Assisted Living LLC c/o Judson Builders 3911 Ventura Avenue Ventura, CA 93001-0160
Or such other addresses as District or Owner may designate, in writing, from time to time.
17. Choice of Law. This Agreement is made in Ventura County, California and shall be construed in accordance with and governed by the laws of the State of California. Any action relating to this Agreement shall be instituted and prosecuted in courts of Ventura County.
18. Entire Agreement. This Agreement and the exhibits attached hereto contain the entire agreement between the parties hereto with respect to the subject matter of this Agreement. It is expressly understood by each of the parties that this Agreement may not be altered, amended, modified or otherwise changed in any respect whatsoever, except by a writing executed by all parties hereto.
19. Waiver. In order to be binding, a waiver must be executed in writing by the party making the waiver. No waiver of any provision of this Agreement shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver. The failure of any party to object or declare the other party in default shall not constitute a waiver.
20. Severability: If any term or provision of this Agreement is, to any extent, held invalid or unenforceable, the remainder of this Agreement shall not be affected.
21. Attorneys Fees. In the event that any dispute between parties arising under this Agreement results in litigation or arbitration, the prevailing party in such dispute shall be entitled to recover from the other party all reasonable fees, costs and expenses (including attorney's fees) incurred in such action.
22. Authority to Execute. Each person executing this Agreement warrants and represents to the other party that it has the authority to execute this Agreement, that it has read and fully understands this Agreement, and that it is entering into this Agreement freely and voluntarily.
7--7 23 23. Paragraph Headings. Paragraph headings are used for reference purposes only and are not intended to describe, interpret, define or limit the scope or extent of this Agreement or any of its provisions.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written.
OWNERS:
By: ~~-----~______Date: '7/~s--/;8 Mark Judson, Manager of W&J Management Group, LLC
A notary public or other officer completing this Certificate verifies only the identity of the individual who signed the document, to which this Certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California County of Ventura )
On //2 - .2 S·/ i1 before me ~Y),1 R05-enbl•M personally appeared Mark Judson, who proved tornon the basis of satisfactory evidence to be the person(,s) whose name(p1is/~ subscribed to the w(thin instrument and acknowledged to me fhat hefsMltlJ.e'Y executed the same in his/t¢/~ir auth(?rized capacity(~. and that by his/hp/t¥ir signature1'8'5 on the instrument the person~, or the entity upon behalf of which the personpf acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature dvm-.- /i~
24 A notary public or other officer completing this Certificate verifies only the identity of the individual who signed the document, to which this Certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California ) County of Ventura )
On ______before me ______personally appeared Michael Weyrick, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ______
DISTRICT: Ojai Valley Sanitary District
ATTEST:
By: ______Russ Baggerly, Chairman Board of Directors By:------Brenda Krout, Clerk
APPROVED AS TO FORM: Arnold, LaRochelle, Mathews, VanConas & Zirbel, LLP
By:------Robe rt N. Kwong, Attorney Legal Counsel for District
25 A notary public or other officer completing this Certificate verifies only the identity of the individual who signed the document, to which this Certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California ) County of Ventura )
On ______before me Brenda D. Krout, Notary Public personally appeared Russ Baggerly, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies ), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ______
v,.: ,(_,_).,) ,::
26 L. recording requested by DPS Exh~bit A RECQRDING REQUESTED BY: Consumers Title Company 20 l 70330-00043039-0 l/2 Order No. 13-11935 Ventura County Clerk and Recorder EscrowNo. 1-50245JW MARKA.LL~N 03/30/2017 10:32:52 Al"1 AND WHEN RECORDED Jl.lAIL TO: 1183249 $622.00 CE
OJAI VALLEY ASSISTED LIVING, LLC Electronically Recorded in Official Records, JUDSON BUlLDERS 3911 VENTIJRA County of V cntura AVE. . VENTURA, CA 93001
Parcel No. 017-0-380-13S SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANTDEED
11-!E UNDERSIGNED GRANTOR(S) DECLARE(S) THAT DOCUMENTARY TRANSFER TAX IS S605,00 and CITY S l8l computed on full value of property conveyed, or D computed on full value less liens or encumbrances remaining at the time of sale. D unincorporated area: l8l Oja~ and
FOR A VALUABLE CONSIDERATION, receipt ofwhic)i is hereby acknowledged, BOLIGRAPIDC CORPORATION, a Utah corporation
hereby GRANT(S) to OJAI VALLEY ASSISTED LIVING, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY
the following described real property in the County of Ventura, State of California: Lot IO of Tract No. 3154 in the City of Ojai, County of Ventura, State of California, as per Map Recorded in Book l04 Page(s) 61 And 62, of Maps in the Office of the County Recorder of Ventura County.
Date March 26, 2017
SELLER: BOLIGRAPHIC CORPORATION, a Utah Corporation DU.,~ Ut--~ By: Blake Wilson, President
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness accurac , or validi of that document.
ST ATE OF CALIFORN1A }
COUNTY OF lknw~ ~ On 3 f 2 '? f ('":r • before me, RlCAcd 9 Tc ({P,.f , a no™!yublic, personally appeared Blake Wilson who pro_ved to me on the basis of satisfactory evidence to be the person(,? . whose name,M is/~ subscribed to the within, instrument and acknowledged to me that he~~ executed the same in liislJ)c:t!'tl)t:ir authorized capacity~; and that by hisM-/9'(!.r signature~ on the instrument the person~, or the entity upon behalf of which the person() I certify under PENALTY OF PERJURY under the laws- of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal. TOIIIIH Signature~~ (Seal) Notarr Pullllc - Clllfornt• Ventura County Commission ti 2183475 m f-!-IL Tax Statement To: Same as Above Comm. Ex ires s, 22 -;7-/1 27 RANCHOOJAI Tox Rate Area 017-38 POR. TRACT7 70018 /:..... C\J l!J :,. ii: a ··- ,. ,.., Q: ' \ $ 0 e 0 :J,Y,-(~1 ~e:· •~ •1J 0 ,,-·,(:.·r .,,.(: , ,o · I Gj I I / tl)..., ii; UNINCORPORATEDAREA Ventura County Assessor's Map. Tract 3154, M.R. Bk.104, Pg.61 7-/2- 28 EXHIBIT B (10) New Capacity Units: 1. FY 2017-2018 Treatment Plant Capacity Charges $51,402.10 2. FY 2017-2018 Trunk Sewer Capacity Charges $29,664.40 3. FY 2017-2018 Local Sewer Capacity Charges $79,171.70 4. Plan Check, Permit & Inspection Fees $ 475.00 TOTAL $160,713.20 .,· :sLJ~t:- 29 EXHIBIT C Amortization Schedule Total Capacity Charges $160,713.20 Initial Annual Installment $ 713.20 Interest Rate 0% Loan Term (years) 5 years Number of Annual Installments 5 Fiscal Beginning Annual Interest Principal End Balance Year Balance Installment $160,713.20 FY 2017-18 $160.713.20 $ 713.20 $0.00 $ 713.20 $160,000.00 FY 2019-20 $160,000.00 $32,000.00 $0.00 $32,000.00 $128,000.00 FY 2020-21 $128,000.00 $32,000.00 $0.00 $32,000.00 $96,000.00 FY 2021-22 $ 96,000.00 $32,000.00 $0.00 $32,000.00 $64,000.00 FY 2022-23 $ 64,000.00 $32,000.00 $0.00 $32,000.00 $32,000.00 FY 2023-24 $ 32,000.00 $32,000.00 $0.00 $32,000.00 $ 0.00 ·,.-:..., .... - ·-.,·-· 30 OJAI VALLEY SANITARY DISTRICT A Public Agency 1072 Tico Road, Ojai, California 93023 (805) 646-5548 • FAX (805) 640-0842 www.o1aisan.org June 18, 2018 Board of Directors Ojai Valley Sanitary District Ojai, California 93023 REVIEW OF DISBURSEMENTS/CHECKS FOR THE PERIOD OF JUNE 19, 2018 TO JULY 13, 2018 Disbursements/checks are presented for your review.* If you have comments or questions, please contact me at 646-5548. RECOMMENDATION It is recommended the Board review, receive and file the disbursements/checks as presented. ~ Brenda Krout Administrative Officer Enc. *Publication of check register is in compliance with Section 53065.5 of the Government Code which requires the District to disclose reimbursements to employees and/or directors. APPROVED FOR JULY 23, 2018 AGENDA: JEFFP~RALMANAGER TTEMB-1 \\OVSD-ARCHIVE 1\My Documents\Board Mtgs\2018\07-23-2018\Checks.docx 31 Jul18,2018 Ojai Valley Sanitary District Page 1 9:51 am Check Register (Checks and EFTs of All Types) Sorted by Check Number (Report period: June 19, 2018 to July 31, 2018), Checks 61829 to 999999 Check EFT#/Vend Invoice Amount Net Number Date /Invoice Amount Paid Credits Discounts Amount Cash Account #3 [A/P Cash Account #3] EFT 06/30/18 04/19-05/1818 CHASE Chase Bank Card 04/19-05/18/18 6/18 9986.97 9986.97 0.00 0.00 9986.97 EFT Total 9986.97 0.00 0.00 9986.97 EFT 06/20/18 06/20/18 CALPERRET CalPERS 06/20/18 13109.23 13109.23 0.00 0.00 13109.23 EFT Total 13109.23 0.00 0.00 13109.23 EFT 06/28/18 INV-12132 REDZON RedZone Robotics INV-12132 8300.00 8300.00 0.00 0.00 8300.00 EFT Total 8300.00 0.00 0.00 8300.00 EFT 07/11/18 0039236062118 CHACOM Charter Communications 0039236062118 525.70 525.70 0.00 0.00 525.70 EFT Total 525.70 0.00 0.00 525.70 61829 06/19/18 RASMUS Larry Rasmussen Inc. DBA 14942 10131.25 10131.25 0.00 0.00 10131.25 Check Total 10131.25 0.00 0.00 10131.25 61830 06/21/18 ATT02 AT&T Payment Center 060518-5067 347.28 347.28 0.00 0.00 347.28 061018-9212 161.06 161.06 0.00 0.00 161.06 Check Total 508.34 0.00 0.00 508.34 61831 06/21/18 AUTSUP Ojai Auto Supply, LLC 436984 96.20 96.20 0.00 0.00 96.20 Check Total 96.20 0.00 0.00 96.20 61832 06/21/18 BARPRI Bartlett, Pringle & Wolf, LLP 112929 3543.00 3543.00 0.00 0.00 3543.00 Check Total 3543.00 0.00 0.00 3543.00 ~ -J_ 32 CHASE CREDIT CARD-0103 4/19/18-05/18/18 VENDOR DESCRIPTION AMOUNT GL# WOOD RANCH LCW WORKSHOP LUNCH $ 23.34 6035.03 WOOD RANCH LCW WORKSHOP LUNCH $ 23.33 6035.05 WOOD RANCH LCW WORKSHOP LUNCH $ 23.33 6035.07 VONS EMPLOYEE APRECIATION LUNCH $ 20.20 5410.03 VONS EMPLOYEE APRECIATION LUNCH $ 27.96 5410.03 VONS EMPLOYEE APRECIATION LUNCH $ 91.36 5410.03 MSFT SOFTWARE SUB RENEWAL $ 176.54 5040.03 DELL REPLACEMENT PRINTER2 $ 1,067.45 5410.03 OTTERBOX APPLE IPAD CASES $ 364.61 5410.03 MICROSOFT ANNUAL SUB SOFTWARE $ 2,569.00 1780 LOWES SERVER ROOM TAPE $ 68.30 5410.03 OTTERBOX CELL PHONE CASES $ 80.17 5410.03 OJAI SPORTS GRILL GM LUNCH/PK $ 27.49 6030.03 GROSS MECH LABORATORY UV TRANS STRAINER TIP $ 106.06 5040.07 OMEGA CELLULAR POWER BANK GM IPAD $ 26.80 5040.03 OFFICE DEPOT OFFICE SUPPLIES T/P $ 76.97 5020.07 SEA FRESH EMPLOYEE LUNCH MTG $ 74.89 6035.03 STAPLES DIRECT OFFICE SUPPLY RETURN $ (96.50) 5410.03 ST APL ES DIRECT OFFICE SUPPLIES $ 29.91 5410.03 ST APL ES DIRECT OFFICE SUPPLIES $ 96.50 5410.03 CABELAS SEAT COVERS INSPECTOR TRUCK $ 214.49 5025.05 CDW GOVT XEROX TONER $ 52.55 5040.03 SOUTHWEST AIRLINES GM TRVL MEETING $ 171.96 6035.03 CDW GOVT XEROX TONER $ 24.56 5040.03 UPS UPS C/S $ 17.63 5050.05 CHAZ DISTRIBUTING PAPER PROD RESTROOMS $ 93.25 5020.07 AATRIX SOFTWARE TAX FILING QUARTERLY $ 25.00 5410.03 UPS UPS C/S $ 14.23 5050.05 SWEET PEAS CONGRATULATIONS-REEDS BABY $ 67.83 5410.03 OFFICE DEPOT OFFICE SUPPLIES $ 17.04 5410.03 LOWES OFFICE SUPPLIES $ 53.57 5410.03 OFFICE DEPOT OFFICE SUPPLIES $ 481.80 5410.03 DOMINOS PIZZA SAFETY TRAINING $ 101.84 6100.03 DOMINOS PIZZA SAFETY TRAINING $ 101.84 6100.05 DOMINOS PIZZA SAFETY TRAINING $ 101.84 6100.07 CDW GOVT XEROX TONER $ 214.49 5040.03 NETWORK FLEET GPS ON CALL VEHICLE $ 26.00 5420.03 CDW GOVT XEROX TONER $ 1,048.83 5040.03 CWEA JOB POSTING $ 285.00 5630.03 VENTURA COUNTY STAR PUBLIC NOTICE $ 375.00 5630.03 CRAIGLIST.ORG JOB POSTING $ 25.00 5630.03 BOXWOOD TECHNOLOGY JOB POSTING $ 250.00 5630.03 CAL OSHA CAL-OSHA REPORTER $ 395.00 6080.03 WASTEWATER TECHNOLOGY CONF REG-RILEY REED $ 850.00 6035.03 DUTTONLAINSON.COM JACK FOR CRASH CUSION C/S $ 100.51 5240.05 $ 9,986.97 ~ --3 33 Jul18,2018 Ojai Valley Sanitary District Page 2 9:51 am Check Register (Checks and EFTs of All Types) Sorted by Check Number (Report period: June 19, 2018 to July 31, 2018), Checks 61829 to 999999 Check EFT#/Vend Invoice Amount Net Number Date /Invoice Amount Paid Credits Discounts Amount 61833 06/21/18 CASMUN Casitas Mun. Water Dist 10-34762-00 5/1/18 42.44 42.44 0.00 0.00 42.44 10-34770-00 5/1/18 114.50 114.50 0.00 0.00 114.50 20-12807-00 5/1/18 24.92 24.92 0.00 0.00 24.92 20-12823-00 5/1/18 34.24 34.24 0.00 0.00 34.24 30-27111-00 5/1/18 50.30 50.30 0.00 0.00 50.30 32-35293-00 5/1/18 24.43 24.43 0.00 0.00 24.43 Check Total 290.83 0.00 0.00 290.83 61834 06/21/18 COMWAVE CompuWave SB02090058 1178.68 1178.68 0.00 0.00 1178.68 SB07041846 192.73 192.73 0.00 0.00 192.73 Check Total 1371.41 0.00 0.00 1371.41 61835 06/21/18 CWEAMEM CWEA 23111 M.FUNDERBURK 180.00 180.00 0.00 0.00 180.00 65841 J.STEENBER 19 275.00 275.00 0.00 0.00 275.00 86201 T.HOFTEIG 2019 180.00 180.00 0.00 0.00 180.00 Check Total 635.00 0.00 0.00 635.00 61836 06/21/18 EJHAR E.J. Harrison & Sons, Inc lC-00052710 6/14/18 156.25 156.25 0.00 0.00 156.25 lC-00053620 6/14/18 356.29 356.29 0.00 0.00 356.29 Check Total 512.54 0.00 0.00 512.54 61837 06/21/18 FGLENV FGL Environmental 804916A 262.00 262.00 0.00 0.00 262.00 Check Total 262.00 0.00 0.00 262.00 61838 06/21/18 HARDIA Hardy Diagnostics 1960395 609.56 609.56 0.00 0.00 609.56 Check Total 609.56 0.00 0.00 609.56 61839 06/21/18 J&HENG J &H Engineering Gen Cont 3226 7450.00 7450.00 0.00 0.00 7450.00 Check Total 7450.00 0.00 0.00 7450.00 61840 06/21/18 KIEWRI Kier & Wright 223442 5369.50 5369.50 0.00 0.00 5369.50 c:f~i - 34 Jul18,2018 Ojai Valley Sanitary District Page 3 9:51 am Check Register (Checks and EFTs of All Types) Sorted by Check Number (Report period: June 19, 2018 to July 31, 2018), Checks 61829 to 999999 Check EFT#/Vend Invoice Amount Net Number Date /Invoice Amount Paid Credits Discounts Amount Check Total 5369.50 0.00 0.00 5369.50 61841 06/21/18 LIBCOM Liberty Composting, Inc 19956 15047.42 15047.42 0.00 0.00 15047.42 Check Total 15047.42 0.00 0.00 15047.42 61842 06/21/18 MOVNLUB Garrett Leib DBA 18671 179.74 179.74 0.00 0.00 179.74 18681 99.45 99.45 0.00 0.00 99.45 18682 197.25 I 97.25 0.00 0.00 197.25 18683 I 68.55 168.55 0.00 0.00 168.55 Check Total 644.99 0.00 0.00 644.99 61843 06/21/18 OAKGEO Oakridge Geoscience, Inc 011.006-01 6614.15 6614.15 0.00 0.00 6614.15 Check Total 6614.15 0.00 0.00 6614.15 61844 06/21/18 OJNEWS Ojai Valley News 300023219 45.00 45.00 0.00 0.00 45.00 300023220 45.00 45.00 0.00 0.00 45.00 RENEWAL 2018-19 52.00 52.00 0.00 0.00 52.00 Check Total 142.00 0.00 0.00 142.00 61845 06/21/18 PRUOVE Prudential Overall Sup., Inc 446 I 8-00 5/24/18 2104.12 2104.12 0.00 0.00 2104.12 Check Total 2104.12 0.00 0.00 2104.12 61846 06/21/18 PURETE Puretec 1641391 57.00 57.00 0.00 0.00 57.00 1643216 96.35 96.35 0.00 0.00 96.35 1643752 27.00 27.00 0.00 0.00 27.00 Check Total 180.35 0.00 0.00 180.35 61847 06/21/18 SOCAED Southern Calif. Edison 0400 6/12/18 39.47 39.47 0.00 0.00 39.47 1371 6/13/18 26764.85 26764.85 0.00 0.00 26764.85 3291 6/14/18 53.56 53.56 0.00 0.00 53.56 3481 6/14/18 494.05 494.05 0.00 0.00 494.05 2764 06/07/18 44.18 44.18 0.00 0.00 44.18 Check Total 27396.11 0.00 0.00 27396.11 #,S- 35 Jul18,2018 Ojai Valley Sanitary District Page 4 9:51 am Check Register (Checks and EFTs of All Types) Sorted by Check Number (Report period: June 19, 2018 to July 31, 2018), Checks 61829 to 999999 Check EFT#/Vend Invoice Amount Net Number Date /Invoice Amount Paid Credits Discounts Amount 61848 06/21/18 SOCALOFF So Cal Office Technologies IN559056 1331.48 1331.48 0.00 0.00 1331.48 Check Total 1331.48 0.00 0.00 1331.48 61849 06/21/18 TRICOCAR Michael Gonzan DBA 06/08/18 220.00 220.00 0.00 0.00 220.00 Check Total 220.00 0.00 0.00 220.00 61850 06/21/18 UNDSER Underground Service 520180502 191.50 191.50 0.00 0.00 191.50 Check Total 191.50 0.00 0.00 191.50 61851 06/21/18 USBANK US. Bank 5005595 2500.00 2500.00 0.00 0.00 2500.00 Check Total 2500.00 0.00 0.00 2500.00 61852 06/21/18 VENSTA Ventura County Star 279136 5/18 2138.57 2138.57 0.00 0.00 2138.57 Check Total 2138.57 0.00 0.00 2138.57 61853 06/21/18 VERIZON Verizon Wireless 9808884118 697.27 697.27 0.00 0.00 697.27 Check Total 697.27 0.00 0.00 697.27 61854 06/21/18 WESCOA West Coast Air Conditioning S90758 188.00 188.00 0.00 0.00 188.00 Check Total 188.00 0.00 0.00 188.00 61855 06/21/18 AMPMRO AM-PM Rooter & Plumbing 170 325.00 325.00 0.00 0.00 325.00 Check Total 325.00 0.00 0.00 325.00 61856 06/21/18 WRIEXP WexBank 54652756 404.50 404.50 0.00 0.00 404.50 Check Total 404.50 0.00 0.00 404.50 61857 06/27/18 VENCOCL Ventura County Clerk/ Voided 61858 06/27/18 VENCOCL Ventura County Clerk/ ~ --6 36 Jul 18, 2018 Ojai Valley Sanitary District Page 5 9:51 am Check Register (Checks and EFTs of All Types) Sorted by Check Number (Report period: June 19, 2018 to July 31, 2018), Checks 61829 to 999999 Check EFT#/Vend Invoice Amount Net Number Date /Invoice Amount Paid Credits Discounts Amount 2018 SEWER REHAB 50.00 50.00 0.00 0.00 50.00 Check Total 50.00 0.00 0.00 50.00 61859 06/27/18 VENCOCL Ventura County Clerk/ 2018 SEWER MANHOLE 50.00 50.00 0.00 0.00 50.00 Check Total 50.00 0.00 0.00 50.00 61860 06/27/18 VENCOCL Ventura County Clerk/ 2018 SPOT REP MANHOL 50.00 50.00 0.00 0.00 50.00 Check Total 50.00 0.00 0.00 50.00 61861 06/27/18 212BOD 2 I 2 Body & Restoration REPAIR 2014 FI50 780.96 780.96 0.00 0.00 780.96 Check Total 780.96 0.00 0.00 780.96 61862 06/27/18 ATT02 AT&T Payment Center 06 I 3 I 8-0842 159.66 159.66 0.00 0.00 159.66 Check Total 159.66 0.00 0.00 159.66 61863 06/27/18 COMWAVE CompuWave SB02090047 2413.13 2413. I 3 0.00 0.00 24 I 3. 13 SB02090075 427.93 427.93 0.00 0.00 427.93 SB02090101 555.00 555.00 0.00 0.00 555.00 SB02090102 3751.61 3751.61 0.00 0.00 3751.61 SB02090133 5659.00 5659.00 0.00 0.00 5659.00 SB02090148 567.35 567.35 0.00 0.00 567.35 SB07041840 1441.00 1441.00 0.00 0.00 1441.00 Check Total 14815.02 0.00 0.00 14815.02 61864 06/27/18 MUSMAR Mustang Marketing 965593 694.95 694.95 0.00 0.00 694.95 Check Total 694.95 0.00 0.00 694.95 61865 06/27/18 SHANOA Noah Sharp GRADE IV TEST REIM 210.00 210.00 0.00 0.00 210.00 Check Total 210.00 0.00 0.00 210.00 61866 06/27/18 VERIZON Verizon Wireless 9808884119 649.76 649.76 0.00 0.00 649.76 #-7 37 Jul 18,2018 Ojai Valley Sanitary District Page 6 9:51 am Check Register (Checks and EFTs of All Types) Sorted by Check Number (Report period: June 19, 2018 to July 31, 2018), Checks 61829 to 999999 Check EFT#/Vend Invoice Amount Net Number Date /Invoice Amount Paid Credits Discounts Amount Check Total 649.76 0.00 0.00 649.76 61867 06/29/18 OVSDPE OVSD Petty Cash REIMB TIP 6118 168.94 168.94 0.00 0.00 168.94 Check Total 168.94 0.00 0.00 168.94 61868 06/29/18 OVSDPE OVSD Petty Cash REIM P/C OFFICE 6/18 255.12 255.12 0.00 0.00 255.12 Check Total 255.12 0.00 0.00 255.12 61869 07/10/18 CITOJA City of Ojai TC ENCROACH PERMIT 237.00 237.00 0.00 0.00 237.00 Check Total 237.00 0.00 0.00 237.00 61870 07/11/18 3TEQUI2 3T Equipment Co., Inc 68006 2166.06 2166.06 0.00 0.00 2166.06 Check Total 2166.06 0.00 0.00 2166.06 61871 07/11/18 AIRGAS Airgas USA, LLC 9954015951 74.71 74.71 0.00 0.00 74.71 Check Total 74.71 0.00 0.00 74.71 61872 07/11/18 ALLINS Alliant Insurance Srvcs,Inc 860700 5319.00 5319.00 0.00 0.00 5319.00 Check Total 5319.00 0.00 0.00 5319.00 61873 07/11/18 AMEHER American Heritage Landscape, LP 10007382 340.00 340.00 0.00 0.00 340.00 10007408 1040.00 1040.00 0.00 0.00 1040.00 Check Total 1380.00 0.00 0.00 1380.00 61874 07/11/18 AQUBIO Aquatic Bioassay & OVS06 l 8.0528 5010.00 5010.00 0.00 0.00 5010.00 OVS06 l 8.059 I 1440.00 1440.00 0.00 0.00 1440.00 Check Total 6450.00 0.00 0.00 6450.00 61875 07/11/18 ASHLEI Ashworth Leininger Group 25745 1196.25 1196.25 0.00 0.00 1196.25 ~~B 38 Jul 18, 2018 Ojai Valley Sanitary District Page 7 9:51 am Check Register (Checks and EFTs of All Types) Sorted by Check Number (Report period: June 19, 2018 to July 31, 2018), Checks 61829 to 999999 Check EFT#/Vend Invoice Amount Net Number Date /Invoice Amount Paid Credits Discounts Amount Check Total 1196.25 0.00 0.00 1196.25 61876 07/11/18 ATT02 AT&T Payment Center 287265953636X62818 48.81 48.81 0.00 0.00 48.81 Check Total 48.81 0.00 0.00 48.81 61877 07/11/18 AUTSUP Ojai Auto Supply, LLC 436748 118.18 118.18 0.00 0.00 118.18 437556 24.23 24.23 0.00 0.00 24.23 Check Total 142.41 0.00 0.00 142.41 61878 07 /11/18 AZ Arnold, LaRochelle, Mathews, Van Conas 53321 6182.26 6182.26 0.00 0.00 6182.26 Check Total 6182.26 0.00 0.00 6182.26 61879 07/11/18 BARPRI Bartlett, Pringle & Wolf, LLP 113569 9006.00 9006.00 0.00 0.00 9006.00 Check Total 9006.00 0.00 0.00 9006.00 61880 07/11/18 BLAMAN Blackbum Manufacturing C083628-IN 168.29 168.29 0.00 0,00 168.29 C083701-IN 252.66 252.66 0.00 0,00 252.66 Check Total 420.95 0.00 0.00 420.95 61881 07/11/18 CALTES Caltest Analytical 586641 2427.25 2427.25 0.00 0.00 2427.25 Check Total 2427.25 0.00 0.00 2427.25 61882 07 /11/18 CARENG Carollo Engineers 0167883 18058.92 18058.92 0.00 0.00 18058.92 0168162 1642.25 1642.25 0.00 0.00 1642.25 Check Total 19701.17 0.00 0.00 19701.17 61883 07/11/18 CASMUN Casitas Mun. Water Dist 30-27111 6/1/18 47.38 47.38 0.00 0.00 47.38 10-34762-00 6/1/18 42.44 42.44 0.00 0.00 42.44 10-34 770-00 6/1/18 111.53 111.53 0.00 0.00 111.53 20-12807-00 6/1/18 24.92 24.92 0.00 0,00 24.92 20-12823-00 6/1/18 35.70 35.70 0.00 0.00 35.70 32-35293-00 6/1/18 25.89 25.89 0.00 0.00 25.89 # - 39 Jul 18, 2018 Ojai Valley Sanitary District Page 8 9:51 am Check Register (Checks and EFTs of All Types) Sorted by Check Number (Report period: June 19, 2018 to July 31, 2018), Checks 61829 to 999999 Check EFT#/Vend Invoice Amount Net Number Date /Invoice Amount Paid Credits Discounts Amount Check Total 287.86 0.00 0.00 287.86 61884 07/11/18 CENCOM Central Communications 180703171101 48.75 48.75 0.00 0.00 48.75 Check Total 48.75 0.00 0.00 48.75 61885 07/11/18 CHAISL Joseph Omweg DBA 527 1170.45 1170.45 0.00 0.00 1170.45 Check Total 1170.45 0.00 0.00 1170.45 61886 07/11/18 CMHCEN CMH Centers for Family Health 79370 90.00 90.00 0.00 0.00 90.00 Check Total 90.00 0.00 0.00 90.00 61887 07/11/18 CONELE CED 9009-772609 601.90 601.90 0.00 0.00 601.90 9009-773094 824.01 824.01 0.00 0.00 824.01 9009-773211 -351.20 -351.20 0.00 0.00 -351.20 9009-773212 140.42 140.42 0.00 0.00 140.42 9009-773498 150.58 150.58 0.00 0.00 150.58 9009-773 723 66.28 66.28 0.00 0.00 66.28 Check Total 1431.99 0.00 0.00 1431.99 61888 07 /11/18 DELTA Allied Admin for Delta Dental 86344 8/18 2532.07 2532.07 0.00 0.00 2532.07 Check Total 2532.07 0.00 0.00 2532.07 61889 07/11/18 DIAEQU Diamond A. Equipment, LLC W04559 250.56 250.56 0.00 0.00 250.56 Check Total 250.56 0.00 0.00 250.56 61890 07/11/18 DIASEC Dial Security 328122 149.00 149.00 0.00 0.00 149.00 328123 57.00 57.00 0.00 0.00 57.00 328124 148.00 148.00 0.00 0.00 148.00 328125 74.00 74.00 0.00 0.00 74.00 Check Total 428.00 0.00 0.00 428.00 61891 07 /11/18 EDWRON Ronald Edwards, M.S. PROF SRVCS 6/18 217.90 217.90 0.00 0.00 217.90 f--10 40 Jul18,2018 Ojai Valley Sanitary District Page 9 9:51 am Check Register (Checks and EFTs of All Types) Sorted by Check Number (Report period: June 19, 2018 to July 31, 2018), Checks 61829 to 999999 Check EFT#/Vend Invoice Amount Net Number Date /Invoice Amount Paid Credits Discounts Amount Check Total 217.90 0.00 0.00 217.90 61892 07/11/18 FERWAT Ferguson Waterworks #1083 0638475 54.61 54.61 0.00 0.00 54.61 Check Total 54.61 0.00 0.00 54.61 61893 07/11/18 FGLENV FGL Environmental 806208A 280.00 280.00 0.00 0.00 280.00 806644A 130.00 130.00 0.00 0.00 130.00 806925A 130.00 130.00 0.00 0.00 130.00 807142A 130.00 130.00 0.00 0.00 130.00 Check Total 670.00 0.00 0.00 670.00 61894 07/11/18 FIS SCI Fisher Scientific Co., LLC 0651324 16.14 16.14 0.00 0.00 16.14 0884100 230.89 230.89 0.00 0.00 230.89 1014771 135.87 135.87 0.00 0.00 135.87 Check Total 382.90 0.00 0.00 382.90 61895 07/11/18 FRAROO Frank's Rooter and 92426 4902.50 4902.50 0.00 0.00 4902.50 Check Total 4902.50 0.00 0.00 4902.50 61896 07/11/18 FRETIR Fred Wachter DBA 109377 417.99 417.99 0.00 0.00 417.99 Check Total 417.99 0.00 0.00 417.99 61897 07/11/18 GASCOM The Gas Company 062918-10009 26.91 26.91 0.00 0.00 26.91 Check Total 26.91 0.00 0.00 26.91 61898 07/11/18 HAAEQU Haaker Equipment Co C43 l 07 3505.57 3505.57 0.00 0.00 3505.57 C43120 396.38 396.38 0.00 0.00 396.38 Check Total 3901.95 0.00 0.00 3901.95 61899 07/11/18 HACHCO Hach Company 10984540 911.06 911.06 0.00 0.00 911.06 10992565 135.24 135.24 0.00 0.00 135.24 # /I 41 Jul 18, 2018 Ojai Valley Sanitary District Page 10 9:51 am Check Register (Checks and EFTs of All Types) Sorted by Check Number (Report period: June 19, 2018 to July 31, 2018), Checks 61829 to 999999 Check EFT#/Vend Invoice Amount Net Number Date /Invoice Amount Paid Credits Discounts Amount Check Total 1046.30 0.00 0.00 1046.30 61900 07/11/18 HARDIA Hardy Diagnostics 1964796 683.60 683.60 0.00 0.00 683.60 Check Total 683.60 0.00 0.00 683.60 61901 07/11/18 HAYCON Shalene Hayman DBA PROF SRVCS 6/18 1596.70 1596.70 0.00 0.00 1596.70 Check Total 1596.70 0.00 0.00 1596.70 61902 07/11/18 HYDELE Nicho Hydesmith DBA 000045 1464.03 1464.03 0.00 0.00 1464.03 000046 2775.00 2775.00 0.00 0.00 2775.00 000047 1875.00 1875.00 0.00 0.00 1875.00 Check Total 6114.03 0.00 0.00 6114.03 61903 07/11/18 JANTEK Jani Tek Cleanning Solutions 31301A 1697.85 1697.85 0.00 0.00 1697.85 Check Total 1697.85 0.00 0.00 1697.85 61904 07/11/18 KAMIND Kaman Industrial Tech E506060 342.99 342.99 0.00 0.00 342.99 Check Total 342.99 0.00 0.00 342.99 61905 07/11/18 KURKYL Kurt Roggenstroh DBA 21247 65.00 65.00 0.00 0.00 65.00 Check Total 65.00 0.00 0.00 65.00 61906 07/11/18 LARWAL Larry Walker Assoc., Inc 00265.19-1 22802.50 22802.50 0.00 0.00 22802.50 Check Total 22802.50 0.00 0.00 22802.50 61907 07/11/18 LIECASWHI Liebert Cassidy Whitmore 1461526 3675.00 3675.00 0.00 0.00 3675.00 Check Total 3675.00 0.00 0.00 3675.00 61908 07/11/18 MCMCAR McMaster-Carr Supply Co. 66337529 34.70 34.70 0.00 0.00 34.70 g7-12 42 Jul 18, 2018 Ojai Valley Sanitary District Page 11 9:51 am Check Register (Checks and EFTs of All Types) Sorted by Check Number (Report period: June 19, 2018 to July 31, 2018), Checks 61829 to 999999 Check EFT#/Vend Invoice Amount Net Number Date /Invoice Amount Paid Credits Discounts Amount Check Total 34.70 0.00 0.00 34.70 61909 07/11/18 MEIOAK Meiners Oaks Hardware 832863 54.99 54.99 0.00 0.00 54.99 833092 10.14 10.14 0.00 0.00 10.14 833113 -0.54 -0.54 0.00 0.00 -0.54 Check Total 64.59 0.00 0.00 64.59 61910 07/11/18 MISWAT MiscoWater 12767SW 6134.86 6134.86 0.00 0.00 6134.86 12826SW 146.97 146.97 0.00 0.00 146.97 Check Total 6281.83 0.00 0.00 6281.83 61911 07/1 l /18 MNSENG MNS Engineers, Inc 70473 8285.00 8285.00 0.00 0.00 8285.00 Check Total 8285.00 0.00 0.00 8285.00 61912 07/11/18 MUSMAR Mustang Marketing 965607 469.95 469.95 0.00 0.00 469.95 Check Total 469.95 0.00 0.00 469.95 61913 07/11/18 OAKGEO Oakridge Geoscience, Inc 011.006-02 2132.50 2132.50 0.00 0.00 2132.50 Check Total 2132.50 0.00 0.00 2132.50 61914 07/11/18 OJVASA Ojai Valley San. Dist. 20415 56.14 56.14 0.00 0.00 56.14 20426 112.28 112.28 0.00 0.00 112.28 Check Total 168.42 0.00 0.00 168.42 61915 07/11/18 PERSEC Perimeter Sec. Sys., Inc 303154 300.00 300.00 0.00 0.00 300.00 Check Total 300.00 0.00 0.00 300.00 61916 07/11/18 POWMAC Power Machinery Center Wl4391 1114.13 1114.13 0.00 0.00 1114.13 Check Total 1114.13 0.00 0.00 1114.13 61917 07/11/18 QUAMAC Quality Machine Shop # -13 43 Jul 18, 2018 Ojai Valley Sanitary District Page 12 9:51 am Check Register (Checks and EFTs of All Types) Sorted by Check Number (Report period: June 19, 2018 to July 31, 2018), Checks 61829 to 999999 Check EFT#/Vend Invoice Amount Net Number Date /Invoice Amount Paid Credits Discounts Amount 18227 559.01 559.01 0.00 0.00 559.01 Check Total 559.01 0.00 0.00 559.01 61918 07/11/18 REAREF Ready Refresh by Nestle 18F8801043418 233.16 233.16 0.00 0.00 233.16 Check Total 233.16 0.00 0.00 233.16 61919 07/11/18 REERIL Riley Reed SAFETY BOOTS 6/18 175.00 175.00 0.00 0.00 175.00 Check Total 175.00 0.00 0.00 175.00 61920 07/11/18 SOCAED Southern Calif. Edison 061918-8996 27.68 27.68 0.00 0.00 27.68 062318-7255 26.17 26.17 0.00 0.00 26.17 062718-3879 1044.03 1044.03 0.00 0.00 1044.03 063018-2764 49.19 49.19 0.00 0.00 49.19 063018-3093 1599 .93 1599.93 0.00 0.00 1599.93 063018-6854 22.80 22.80 0.00 0.00 22.80 070318-3093 106.66 106.66 0.00 0.00 106.66 070318-6854 2.55 2.55 0.00 0.00 2.55 070618-2764 11.70 11.70 0.00 0.00 11.70 Check Total 2890.71 0.00 0.00 2890.71 61921 07/11/18 SPEBUS Time Warner Cable 0060161070318 619.99 619.99 0.00 0.00 619.99 Check Total 619.99 0.00 0.00 619.99 61922 07/11/18 STACHE State Industrial Products 900530868 255.79 255.79 0.00 0.00 255.79 900542012 112.49 112.49 0.00 0.00 112.49 Check Total 368.28 0.00 0.00 368.28 61923 07/11/18 SUNREN Sunbelt Rentals, Inc 79889032-0001 527.88 527.88 0.00 0.00 527.88 Check Total 527.88 0.00 0.00 527.88 61924 07/11/18 SWRCB SWRCB - ELAP Fees EA 0718-1911 3592.00 3592.00 0.00 0.00 3592.00 Check Total 3592.00 0.00 0.00 3592.00 !?~11· 44 Jul 18, 2018 Ojai Valley Sanitary District Page 13 9:51 am Check Register (Checks and EFTs of All Types) Sorted by Check Number (Report period: June 19, 2018 to July 31, 2018), Checks 61829 to 999999 Check EFT#/Vend Invoice Amount Net Number Date /Invoice Amount Paid Credits Discounts Amount 61925 07/11/18 TOTBAR Total Barricade Srvc,Inc 45109 1344.00 1344.00 0.00 0.00 1344.00 45118 939.00 939.00 0.00 0.00 939.00 45282 1019.00 1019.00 0.00 0.00 1019.00 Check Total 3302.00 0.00 0.00 3302.00 61926 07/11/18 TPXCOM TPX Communications 105117927-0 568.53 568.53 0.00 0.00 568.53 Check Total 568.53 0.00 0.00 568.53 61927 07/11/18 TRATEC Traffic Technologies, LLC 27868 938.38 938.38 0.00 0.00 938.38 Check Total 938.38 0.00 0.00 938.38 61928 07/11/18 TRICOCAR Michael Gonzan DBA 06/22/18 180.00 180.00 0.00 0.00 180.00 06/29/18 220.00 220.00 0.00 0.00 220.00 Check Total 400.00 0.00 0.00 400.00 61929 07/11/18 UNDSER Underground Service 620180493 178.30 178.30 0.00 0.00 178.30 Check Total 178.30 0.00 0.00 178.30 61930 07/11/18 VCSDA VCSDA 1156 150.00 150.00 0.00 0.00 150.00 Check Total 150.00 0.00 0.00 150.00 61931 07/11/18 VENAPC Ventura County APCD 1039324 720.48 720.48 0.00 0.00 720.48 Check Total 720.48 0.00 0.00 720.48 61932 07/11/18 VENAPC Ventura County APCD 1039448 602.00 602.00 0.00 0.00 602.00 Check Total 602.00 0.00 0.00 602.00 61933 07/11/18 VENCOUISD County of Ventura - IT Srvcs INV0l 16589 165.75 165.75 0.00 0.00 165.75 Check Total 165.75 0.00 0.00 165.75 ff73 45 Jul 18, 2018 Ojai Valley Sanitary District Page 14 9:51 am Check Register (Checks and EFTs of All Types) Sorted by Check Number (Report period: June 19, 2018 to July 31, 2018), Checks 61829 to 999999 Check EFT#/Vend Invoice Amount Net Number Date /Invoice Amount Paid Credits Discounts Amount 61934 07/11/18 VENRIV Ventura River County 0l-35200A 6/15/18 10.00 10.00 0.00 0.00 10.00 Check Total 10.00 0.00 0.00 10.00 61935 07/11/18 VSP Vision Service Plan-(CA) 12049809 7/18 747.46 747.46 0.00 0.00 747.46 120498090003 7/18 25.82 25.82 0.00 0.00 25.82 Check Total 773.28 0.00 0.00 773.28 61936 07/11/18 VWRSCI VWR International, Inc 8082648247 635.15 635.15 0.00 0.00 635.15 Check Total 635.15 0.00 0.00 635.15 61937 07/11/18 WADTRA W adsy's Transport 1317 2430.00 2430.b0 0.00 0.00 2430.00 Check Total 2430.00 0.00 0.00 2430.00 61938 07/11/18 WINCAN WinCan LLC 2130 1500.00 1500.00 0.00 0.00 1500.00 Check Total 1500.00 0.00 0.00 1500.00 61939 07/11/18 XYLWAT Xylem Dewatering Solutions, Inc 3556Al8370 1184.04 1184.04 0.00 0.00 1184.04 Check Total 1184.04 0.00 0.00 1184.04 61940 07/13/18 IRONB Ironbrook UV Corp 8404 17748.00 17748.00 0.00 0.00 17748.00 Check Total 17748.00 0.00 0.00 17748.00 Cash account 309424.74 0.00 0.00 309424.74 Report Total 309424.74 0.00 0.00 309424.74 46 OJAI VALLEY SANITARY DISTRICT A Public Agency 1072 Tico Road, Ojai, California 93 023 (805) 646-5548 • FAX (805) 640-0842 www.o1a1san.org July 17, 2018 Board of Directors Ojai Valley Sanitary District Ojai, CA 93023 CONTRACT NOs. 2018-08 & 2018-14- 2018 SEWER MAIN PIPE BURSTING PRO JECT- BUDGET ADJUSTMENT NO. 2019-09 In January 2018 you awarded a contract to Phoenix Engineering for the design work for the replacement of existing sewer main pipelines by pipe bursting totaling approximately 2,350 linear feet of 6 and 8-inch diameter pipeline to be replaced. The plans & specifications were completed, and the Project was sent out for bid in May 2018. The engineer's estimate for this project was $300,000. The deadline to submit bids was June 28, 2018 at 3:30 p.m. Bids were received from three companies as follows: • Mocon Corp. $379,750 • Mike Prlich & Sons $447,900 • Blois $686,425 Following staff and design engineer's review of the bid documents, Mocon Corporation was confirmed as the lowest, responsible, responsive bidder. Contract No. 2018-08, Between Ojai Valley Sanitary District and Mocon Corporation for the construction of the 2018 Sewer Main Pipe Bursting Project in an amount not to ex ceed $379,750, is presented for your approval. This contract is of standard form ap proved by District Legal Counsel as to form and legal sufficiency. In addition to the services for the construction of this project, Construction Management services are required. Staff negotiated a proposal for these services with Phoenix Engi neering. Staff's negotiation with Phoenix for these professional services is in conform ance with the District's Contracting & Purchasing Ordinance No. OVSD-65, Section 4.3. Contract No. 2018-14, between Ojai Valley Sanitary District and Phoenix Civil Engineer ing to provide construction management services in an amount not to exceed $17,105, is presented for your approval. This contract is of standard form approved by District Legal Counsel as to form and legal sufficiency. 47 Board of Directors July 17, 2018 Page 2 There are two other costs associated with this project: cost of a geotechnical assess ment and the cost of acquiring Right-of-Entry Agreements from the 24 property owners whose laterals will need to be reconnected following the installation of the new HOPE pipe. A geotechnical assessment is typically obtained prior to the start of a pipe bursting pro ject; the assessment provides critical information to the contractor which includes a soil report and depth to groundwater. Staff worked with Oakridge Geoscience to obtain a geotechnical assessment for this project. Oakridge performed a field exploration that in cluded four drill holes to evaluate the soil near the main lines targeted for pipe bursting and two test pits to observe trench backfill and pipe bedding. The cost of this assess ment was $11,355. Hamner, Jewell & Associates (Hamner) is a government real estate services company that has helped us in the past to acquire the necessary Right of Entry Agreements for our lateral insert projects; staff proposes retaining Hamner to obtain the required Right of-Entry agreements for this project. Hamner estimates they can complete this work for a cost of $8,580. It is appropriate that this project be funded from the Collection System Replacement Re serve fund. Budget Adjustment No. 2019-09 transferring $416,790 from the Collection System Replacement Reserve fund to the Major Expenditures account is presented for your consideration and adoption. It is appropriate for the Board to find this project to be categorically exempt under CEQA Section 15301 (b) and the District's Administrative Supplement To The State CEQA Guidelines as it refers to maintenance and repair of existing facilities and to direct staff to file a Notice of Exemption with CEQA Section 15062. If you have any questions or need additional information please call me at 646-5548. RECOMMENDATION It is recommended the Board: a. Find the 2018 Sewer Main Pipe Bursting Project to be Categorically Exempt in accordance with CEQA Section 15301(b) and the District's Administrative Sup plement To The State CEQA Guidelines; and b. Direct staff to file a Notice of Exemption in accordance with CEQA Section 15062; and c. Approve and authorized the Chairman to sign Contract No. 2018-08, Between Ojai Valley Sanitary District and Macon Corporation for the construction of the 2018 Sewer Main Pipe Bursting Project in an amount not to exceed $379,750; and \\OVSD-ARCHIVE1\My Documents\Board Mtgs\2018\07-23-2018\2018 SewerMainPipeBursting - ContractNo.2018- f-2 08.docx 48 Board of Directors July 17, 2018 Page 3 d. Approve and authorize the Chairman to sign Contract No. 2018-14, Between Ojai Valley Sanitary District and Phoenix Civil Engineering for the construction man agement services for the 2018 Sewer Main Pipe Bursting Project in an amount not to exceed $17,105; and e. Adopt Budget Adjustment No. 2019-09 transferring $416,790 (which includes Contract Nos. 2018-08 & 2018-14, $8,580 for Hamner, Jewell & Associates and $11,355 for Oakridge Geoscience's work) from the Collection System Replace ment Reserve fund to the Major Expenditures-C/S account to cover the cost of this Project. ~ General Manager \\OVSD-ARCHIVE1\My Documents\Board Mtgs\2018\07-23-2018\2018 SewerMainPipeBursting - ContractNo.2018- f-3 08.docx 49 CONTRACT NO. 2018-08 BETWEEN OJAI VALLEY SANITARY DISTRICT AND MOCON CORPORATION THIS CONTRACT is made and entered into this 23nd day of July 2018 in the County of Ventura, State of California, by and between the OJAI VALLEY SANITARY DISTRICT, a political subdivision of the State of California ("District"), and Mocon Corporation ("Contractor). AGREEMENT In consideration of the terms, conditions, and mutual covenants contained herein, the parties agree as follows: Section 1. Scope of Work. A. Unless otherwise provided, the Contractor will perform all of the work for the construction of 2018 SEWER MAIN PIPE BURSTING PROJECT ("Work"). Contractors shall furnish all materials, equipment, tools, labor and incidentals necessary to complete the Work. No separate payment will be made for any item that is not specifically set forth in the Bid Sheets, and all costs therefore shall be included in the prices named in the Bid Sheets for any work required in the Contract Documents. Unless otherwise noted, the specifications and standard plans of the latest edition of the Standard Specifications for Public Works Construction "SSPWC" or "Green Book" shall apply. B. Contractor shall complete the Work in strict accordance with all Contract Documents as specified herein. Contractor shall be liable to District for any damages arising from Contractor's failure to fully comply with that obligation, and Contractor shall not be excused with respect to any failure to so comply by any act or omission of District or its representatives, unless such act or omission prevents Contractor from fully complying with the requirements of the Contract Documents, and unless Contractor protests in the manner provided in the Contract Documents that the act or omission allegedly preventing Contractor from fully complying with the Contract Documents. Section 2. Contract Documents. This Contract consists of the following documents, all of which are component parts of this Contract and are incorporated herein as though set forth in full: Ojai Valley Sanitary District Project No. 2018-08 (122 pages plus technical specification inserts), including: Notice Inviting Bids Information for Bidders Proposal Forms Bid Forms Proposal Bid Bond Non-Collusion Declaration 7-'/ 50 Contract No. 2018-08 Page 2 General Provisions Special Provisions Technical Provisions Contract No. 2018-08 Drawings (titled "2018 Sewer Main Pipe Bursting Project", dated May 2018. 4 sheets total Labor & Material [Payment] Bond Performance Bond Corporate Certificate Certificate(s) of Insurance Contractor's Certificate of Compliance Any Addenda Work required by one of the above Contract Documents and not by others shall be performed as if required by all of said documents. Section 3. Time for Completion. Contractor's work shall be commenced within ten calendar (10) days after receipt of the Notice to Proceed and as specified therein, and shall be completed within 40 consecutive working days from the date stated in the notice. The Project Period is further described in Special Conditions of this Contract. Section 4. Payment Bond. Pursuant to Section 3247 of the California Civil Code, Contractor shall file with the District or the appropriate District officer, a payment bond in a form acceptable to District and in an amount necessary to satisfy the provisions of Section 3248 of the Civil Code. Section 5. Liquidated Damages. District and Contractor recognize that time is of the essence of this Contract and that the District will suffer financial loss if the work is not completed within the time specified in Section 3 of this Contract and the attached exhibits, plus any extensions thereof allowed herein. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by District if the work is not completed on time. Accordingly, instead of requiring any such proof, District and Contractor agree that as liquidated damages for delay (but not as a penalty). Contractor shall pay District as outlined in the Special Provisions. Section 6. Contract Price. District shall pay to Contractor, and Contractor shall accept as full consideration for the faithful performance of the Contract, subject to any additions, deductions or conditions as provided in the Contract Documents, the amount not to exceed Three Hundred Seventy-Nine Thousand Seven Hundred Fifty Dollars ($379,750). Contractor's bid form with unit pricing is attached as Exhibit A and incorporated by reference herein. 51 Contract No. 2018-08 Page 3 Section 7. Payments. Monthly progress payments and the final payment will be made in accordance with the General Conditions. The filing of the Notice of Completion by District shall be preceded by acceptance of the Work made only by an action of the Governing Board of the District in session. Section 8. Compliance with Public Contracts Law and Other Applicable Law. District is a public agency in the State of California and is subject to the provisions of law applicable to public contracts and other applicable law. It is agreed that all provisions of law applicable to this Contract are part of this Contract to the same extent as though set forth herein and will be complied with by the Contractor. Section 9. Dispute Resolution. In the event that Contractor and District have a dispute concerning the payment of sums pursuant to their Contract and said sums are Three Hundred Seventy-Five Thousand Dollars ($375,000) or less, the parties agree to be governed by Public Contracts Code Section 20104, et seq. In the event of such dispute, Contractor shall file a written claim with District. If the claim is less than Fifty Thousand Dollars ($50,000), District shall respond in writing within forty five (45) days or, within thirty (30) days request additional documentation and respond fifteen (15) days after said request. For claims between Fifty Thousand Dollars ($50,000) and Three Hundred Seventy-Five Thousand Dollars ($375,000), District shall respond in writing within sixty (60) days receipt, or may request in writing within thirty (30) days, additional documentation and respond thirty (30) days after said request. If Contractor disputes District's response, Contractor may, within fifteen (15) days, demand an informal conference to meet and confer, to be scheduled within thirty (30) days. If the conference proves unsuccessful, then Contractor may file a claim under the Government Code and then bring a civil action. If a civil action is filed, the mediation provisions set forth in Public Contract Code Section 20104.4 shall apply unless waived by mutual stipulation of District and Contractor or unless District elects to resolve the dispute pursuant to Public Contract Code Section 10240 et seq. If said mediation takes place and does not resolve the matter, the case must be submitted to judicial arbitration. Section 10. Workers' Compensation. Contractor shall comply with all provisions of California Labor Code Section 3700 et. seq. and shall secure the payment of compensation to its employees. Contractor certifies that it is aware of its statutory obligations requiring it to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of the Labor Code. Contractor agrees and warrants that it will comply with its statutory obligations before commencing the performance of work on this contract. 52 Contract No. 2018-08 Page 4 Section 11. Prevailing Wages. Contractor shall comply with the provisions of the California Labor Code pertaining to the payment of prevailing per diem wage rates (§1720 et. seq.). Pursuant to Labor Code §1773.2, a copy of the prevailing per diem wage rates in Ventura County is on file with the District Clerk of the Board. A copy of these rates will be furnished to any interested party upon request. The Contractor shall post copies of the prevailing wage schedule at the work site. Section 12. Deposit of Securities in Lieu of Retention. Contractor may deposit securities with the District in lieu of District withholding funds to ensure performance under this Contract. Said deposit, if made, shall be in accordance with California Public Contract Code §22300. Section 13. Notices. All notices or other official correspondence relating to contractual matters between the parties hereto shall be made by personal service or by first class mail, postage prepaid, addressed to the parties as follows: District Contractor Ojai Valley Sanitary District Mocon Corporation 1072 Tico Road 49950 Jefferson St., Ste C-200 Ojai, CA 93023 Indio, CA 92201 Notices delivered personally shall be deemed made and received on the date of service. Notices mailed shall be deemed made and received three (3) calendar days after mailing. Section 14. California Law. This Contract shall be interpreted and construed pursuant to the laws of the State of California. Venue for any Superior action arising out of this agreement shall be the County of Ventura. Section 15. Department of Industrial Relations. No contractor or subcontractor may be listed on a bid proposal for a public works project unless they are registered with the Department of Industrial Relations. In addition, no contractor or subcontractor may be awarded a public works contract unless registered with the Department of Industrial Relations. All work performed under this Agreement shall be subject to compliance monitoring and enforcement by the Department of Industrial Relations. In addition, Contractor shall post any job site notices required by Title 8 of the California Code of Regulations Section 16451. 9-7 53 Contract No. 2018-08 Page 5 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first set forth above. APPROVED AS TO FORM: ARNOLD, OJAI VALLEY SANITARY DISTRICT LaROCHELLE, MATHEWS, VAN CONAS & ZIRBEL, LLP By:------By:------ROBERT KWONG RUSS BAGGERLY, Chairman Legal Counsel for District Board of Directors Dated: ------, 2018 Dated: ------, 2018 ATTEST By: ______Dated: ______, 2018 BRENDA KROUT Clerk of the Board Mocon Corporation By: ______Robert Morrow, President (Seal if Corporation) Dated: ______, 2018 [Attach Acknowledgment/Attestation for Authorized Representative of Contractor] f--8 54 Contract No. 2018-08 Page 6 PROPOSAL The Bidder proposes to construct the 2018 Sewer Main Pipe Bursting Project in accordance with the Ojai Valley Sanitary District Specifications No. 2018-08 and with the Drawings for the unit and lump sum prices indicated herein below. BID SCHEDULE Item Description with Item Unit Cost Extended Total No. Quantity Unit , Unit Prices Written in Words (Figures) (Figures) 1 JOB LS MOBILIZATION/DEMOBILIZATION Furnish all laoor, materials and equipment necessary for the mobilization, preparatory work and demobilization, not to exceed 5% of the total amount of the Bid, in conformance with the Contract Documents for the lump sum price of Lump Sum $ 1~aoa 2 1,750 LF 6-INCH DIAJ:v1ETER CCTV INSPECTION Furnish all laoor, materials and equipment necessary for 1he performance of a pre- and post-rehabilitation project inspection and pipeline cleaning (debris/root removal) of the sewer main in the areas of ~ ~7~() rehabilitation in conformance with the Contract Linear Feet $ Documents for the unit 'price of 3 600 LF 8-INCH DIAMETER CCTV INSPECTION Furnish all laoor, materials and equipment necessary for the performance of a pre- and post-rehabilitation project inspection and pipeline cleaning (debris/root removal) of the sewer main in the areas of rehabilitation in conformance with the Contract ~ ~ck)o Docmnents for the unit price of Linear Feet $ 4 1,750 LF 6-INCH DIAJ:v1ETER SEWER MAIN BURSTING (UPSIZE TO 8"DIAMETER) Furnish all laoor, materials and equipment necessary for the installation of HDPE pipeline through the use of pipe bursting equipment including pipe materials, installation pit excavation, two tree removals, and l~O bypassing to the extents shown on the Plans in Linear Feet $1-~blO(lO conformance with the Contract Documents for the unit price of 5 600 LF 8-INCH DIAMETER SEWER MAIN BURSTING (UPSIZE TO 10" DIAMETER) Furnish all laoor, materials and equipment necessary for the installation ofHDPE pipeline through the use of pipe bursting equipment including pipe materials, installation pit excavation, and bypassing to the extents shown on the Plans in conformance with the Linear Feet $"81...\000 Contract Docmnents for the unit price of 9-C/ 55 Contract No. 2018-08 Page 7 Item Description with Item Unit Cost Extended Total No. Quantity Unit Unit Prices Written in Words (Figures) (Figures) 6 24 EA SEWER LATERAL REESTABLISHMENT Furnish all labor, materials and equipment necessary for the reestablishment of the private lateral connection and cleanout connections to the sewer main line including earthwork, reconnection of lOCXJ service utilizing approved connectors, and ~000 reconnection of laterials as sho'-"TI. on the Plans in conformance with the Contract Documents for the Each $ unit price of TOTAL FOR BID .SCHEDULE Sum of Bid Items 1 through 6: $_____ rp_~-#-,7_S'D_· --- (Figures) +\,('.et_ ~vvJc-J~V0.1'-½-f\ j~~lc--J '5'\Nt_A ~..J fJ.-6~ Dollars S ell out Dollar Fi re NOTES: • The detennination of the lowest responsible bidder will be based on the bid schedule. • The District reserves the right to reject any or all proposals and bid items. • All ex-tensions of unit prices will be subject to verification by the District. • All prices shall include all taxes, insurance, licenses, transportation, delivery and handling charges and duties, etc. and construction complete and in place. • The total bid price shall include all Work described in the Contract Documents. lfno separate bid item is provided for any portion of the Work, the price thereof shall be considered to be included in the bid item which most closely applies to that portion of the Work. 9-10 56 Contract No. 2018-08 Page 8 CERTIFICATE OF CONTRACTOR I, ______, certify that I am a/the ______[designate sole proprietor, partner in partnership, or specify corporate office, e.g., secretary] in the entity named as CONTRACTOR in the foregoing contract. I hereby expressly certify that the name of the entity to which I am associated is ______; that this entity is in good standing and has complied with all applicable laws and regulations, and that I have been expressly authorized by the proper parties in this entity to execute this contract on behalf of the above-named entity. ATTEST: Name ______(Please Type) Title ______ On this ___ day of ______, 20_, before me personally came ______to me known, or proven to me on the basis of satisfactory evidence, who being duly sworn, did depose and say: that (he/she) is an authorized representative of the CONTRACTOR and acknowledged to me that (he/she) executed the within instrument on behalf of said CONTRACTOR, ______ In witness whereof, I have signed and affixed my official seal on the date in this certificate first above written. NOTARY PUBLIC 9'-1/ 57 Contract No. 2018-08 Page 9 Insurance Requirements Contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to person or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives or employees. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001 ). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 ( any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance Contractor shall maintain limits no less than: 1. General Liability: $5,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Project/ location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $5,000,000 per accident for bodily injury and property damage. 3. Employer/s Liability: $1,000,000 per accident for bodily injury or disease. Deductible and Self-Insured Retention's Any deductible or self-insured retention's must be declared to and approved by the District. Other Insurance Provisions The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The District, its officers, officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance, or as a separate owner's policy. 58 Contract No. 2018-08 Page 10 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the District, its directors, officers, officials, employees and volunteers. Any self-insurance maintained by the District, its officers, directors, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the District. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than B+:IX, unless otherwise acceptable to District. Verification of Coverage Contractor shall furnish the District with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by District before work commences. As an alternative, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 9-/3 59 Contract No. 2018-08 Page 11 WORKERS' COMPENSATION CERTIFICATE I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be self-insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of this contract. DATED:.______. [ ...... ] [ ...... ] NOTE: If Contractor is a corporation, the legal name of the corporation shall be set forth above, together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation. If the Contractor is a partnership, the true name of the firm shall be set forth above, together with the signature of the partner or partners authorized to sign contracts on behalf of the co-partnerships. If the Contractor is an individual, the name of the firm shall be set forth together with the signature. 60 Contract No. 2018-08 Page 12 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: WHEREAS, the Governing Board of Ojai Valley Sanitary District {herein "Agency"), on ______, awarded to ______, {herein the "Principal"), a contract for ______Project. WHEREAS, Principal is required to furnish a bond in connection with contract so if Principal or its subcontractors shall fail to pay for materials or supplies, for the performance of the work, or for labor done thereon, or for amounts due under the Unemployment Insurance Act, the Surety on the bond will pay the same. NOW, THEREFORE, the Principal and ------(herein "Surety"), are held and firmly bound unto the Agency in the penal sum of ~------($____ )] dollars, lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these promises. THE CONDITION OF THIS OBLIGATION IS SUCH if Principal, its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for work or labor thereon of any kind, or fail to pay the persons named in California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and other laws of the State of California and rules and regulations of its agencies, then Surety will pay the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay, in case suit is brought upon this bond, such reasonable attorney fees as shall be fixed by the court, pursuant to Section 3181 of the California Civil Code. This bond shall inure to the benefit of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond, such reasonable attorney fees as shall be fixed by the court, pursuant to Section 3181 of the California Civil Code. No change, extension of time, alteration, or addition to the terms of the contract, or the work to be performed thereunder, or the specifications accompanying the same, shall affect Surety's obligation on this bond. Surety waives notice of such change, extension of time, alteration, or addition to the terms of the contract, or to the work or to the specifications. IN WITNESS WHEREOF, three identical counterparts of this instrument, each of which shall be deemed an original, have been duly executed by the Principal and Surety above named on the [ ] day of,...______]. (Principal) (Surety) By:------By: 61 Contract No. 2018-08 Page 13 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: WHEREAS, the governing board of Ojai Valley Sanitary District (herein "Agency"), on ...______~, awarded to ______, (herein "Principal"), a contract for ______Project. WHEREAS, Principal is required under the terms of the contract to furnish a bond for the faithful performance of the contract; NOW, THEREFORE, the Principal and ______, (herein "Surety"), are held firmly bound unto the Agency, (herein "Agency"), in the penal sum of ...______, dollars ($[ ]) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bond ourselves, our heirs, executors, administrators and successors, jointly and severally and firmly by these promises. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above-bounden Principal, or its heirs, executors, administrators, successors or assigns shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the contract, including but not limited to the payment of liquidated damages, and any alteration thereof made as therein provided, on its part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Agency, its officers and agents, as therein stipulated, this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. Surety stipulates and agrees no change, extension of time, alteration, or addition to the terms of the contract, or to the work to be performed thereunder, or the specifications accompanying the same, shall affect its obligation on this bond. Surety waives notice of such change, extension of time, alteration or addition to the terms of the contract, or to the work or to the specifications. Surety agrees in case suit is brought on this bond, Surety will pay Agency's reasonable attorney fees to be fixed by the court. IN WITNESS WHEREOF, three identical counterparts of this instrument, each of which shall be deemed an original, have been duly executed by the Principal and Surety above named, on the [ l day of...______---~ (Principal) (Surety) By:------By: (Attorney-in-fact) (Attach Acknowledgment) 9--1~ 62 CONTRACT NO 2018-14 AGREEMENT FOR SERVICES DURING CONSTRUCTION FOR 2018 SEWER MAIN PIPE BURSTING PROJECT BETWEEN OJAI VALLEY SANITARY DISTRICT AND PHOENIX CIVIL ENGINEERING, INC. This Agreement for Technical Services ("Agreement") is made and entered into on July 23, 2018, by and between Ojai Valley Sanitary District, a public agency formed pursuant to Califor nia Health & Safety Code Section 6400 et. seq. ("District") and Phoenix Civil Engineering, Inc., ("Consultant"). RECITALS A. District provides wastewater collection, treatment and disposal service for the Ojai Valley and surrounding area. B. The District has developed a project consisting of replacement of existing sewer main pipelines by pipe bursting on several residential streets, easements, on an open space preserve, removal of two trees to accommodate pipe bursting operations and reestablish ment of the associated connections to the main line. C. District requires the services of an appropriately skilled and experienced consultant to pro vide construction management services associated with the Project. District has selected Consultant as the most appropriately qualified for this project. D. Consultant represents it possesses the necessary skills, expertise, experience and motiva tion to provide these services for Project and is willing to contract with District. NOW THEREFORE, based on the covenants and conditions contained herein, the parties agree as follows: 1. Scope of Work. Consultant shall provide the consulting services for District described in the proposal attached as Exhibit "A" and incorporated by reference herein. Consultant acknowledges the reliance and confidence placed upon it by District and its services shall be rendered in a diligent and professional manner. Consultant agrees its services shall be performed in a manner consistent with the level of care and skill ordinarily exercised by other Consultants under similar circumstances at the time its services are performed. 2. Term of Contract. Unless otherwise terminated earlier as specified in Section 9, this Agreement shall commence on the date first set forth above and unless otherwise ex tended in writing by both parties, shall expire on December 31, 2018. 9-17 63 Contract No. 2018-14 Page 2 3. Independent Contractor Relationship. It is expressly understood between the parties that no employee/employer relationship is intended, the relationship of Consultant to District being that of an independent contractor. District shall not be required to make any payroll deductions or provide Workers' Compensation Insurance coverage or health benefits to Consultant. Consultant is solely responsible for selecting the means, methods and procedures for per forming its services hereunder as described in Exhibit "A" and for coordinating all portions of its work. Consultant will supply all tools and instrumentalities required to perform its services under this Agreement. Consultant, pursuant to this Agreement, is rendering professional consulting services only and any payments made to it are compensation solely for such services as it may render and recommendations it may make in the performance of its services. 4. Compliance with Laws. Consultant shall be solely responsible for giving all notices and complying with applicable laws, ordinances, rules, regulations and lawful orders of any public authority relating to Consultant's work. 5. Acknowledgment of Relationship. Consultant agrees all dealings of the parties under this Agreement shall be confidential and no report, data, information or communication devel oped, prepared or assembled by Consultant under this Agreement, or any information made available to Consultant by District, shall be revealed, disseminated or made availa ble by Consultant to any person or entity other than District without the prior written con sent of District, unless otherwise required by subpoena or applicable law. Data, calcula tions, drawings and other documents developed, prepared, completed or acquired by Con sultant during the performance of its services hereunder shall be turned over to District upon termination of this Agreement. Consultant may retain a copy of such data, calcula tions, drawings and other documents. 6. Payment to Consultant. For services performed pursuant to Section 1, the District will pay Consultant for its services on a time and material basis in an amount not to exceed Seven teen Thousand One Hundred Five Dollars ($17,105) in accordance with Consultant's hourly rate schedule contained in Exhibit "C." On or prior to the tenth day of each calendar month after actual work has started, Consult ant may submit an invoice in sufficient detail to show the total amount of work done and materials furnished by Consultant and incorporated into the work to the last day of the month preceding the one in which the invoice is submitted. When possible, such invoice shall include the name and title of each person performing work, date and brief description of the work performed, number and type of hours worked, and labor rate. District shall re view and approve Consultant's invoice for accuracy and agree with Consultant on any ad justments which may be appropriate. Such approvals shall not be unreasonably withheld. District shall pay Consultant for all undisputed costs within thirty (30) days of receipt of the invoice. In the event of disagreement with Consultant on adjustments or disallowance's, said amounts shall be withheld until resolved. Upon resolution of the disagreements, pay ment of the approved amount shall be made within thirty (30) days after deducting therefrom all previous payments and all sums to be retained under the terms of the Agree ment. 9-/8 \\OVSD-ARCHIVE1\My Documents\Contracts\2018\Contract No. 2018-14-Phoenix.2018 Pipe Bursting Project-SvrConst.docx 64 Contract No. 2018-14 Page 3 No payment made under this Agreement, except the final payment, shall be conclusive ev idence of Consultant's performance of the Agreement, either wholly or in part, and no pay ment shall be construed to be an acceptance of Consultant's work. 7. Change Orders. No change to Exhibit "A" hereto, or to any other provision of this Agree ment, may be made except by written amendment signed by both parties. District General Manager, or his designee, shall be authorized to approve changes to this Agreement. Each change order shall not exceed the lesser of ten percent ( 10%) of the value of the Agreement or twenty-five hundred dollars ($2,500), and the aggregate total of all change orders shall not exceed ten thousand dollars ($10,000). 8. Assistance by District. District agrees to provide to Consultant information available to District of relevance to Consultant's work, including all reports, data and documents per taining to District's wastewater system and facilities, and District pledges to work coopera tively with Consultant and render all reasonable assistance toward completion of Consult ant's work. Consultant is entitled to rely on the accuracy and completeness of materials furnished by or through District without independent verification by Consultant. 9. Termination of Agreement. All work shall be done in a diligent and professional manner in accordance with the standards set forth in Section 1 above. Consultant specifically acknowledges and agrees District may at any time during the term of this Agreement ter minate Consultant's services with or without cause, and without penalty, regardless of whether Consultant's services are completed. Any termination or any special instructions hereunder from District shall be made in writing. ln the event this Agreement is termi nated, data, calculations, drawings, documents and information generated by Consultant shall be delivered to District pursuant to Section 5 and may be used by District. Should such termination occur, Consultant shall have the right to expend additional time to as semble work in progress in order to properly close any particular portion(s) of its services. Any such additional time spent by Consultant and compensation attributable thereto shall not exceed ten percent ( 10%) of the total time expended by Consultant prior to the date of the notice of termination on that particular portion(s) of Consultant's services. 10. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify and hold harm less District and its officers, directors, agents and employees, from and against any and all liability, damages, costs, losses, claims and expenses including attorney's fees in connec tion with litigation, for death of or injury to, or damage to real or personal property of District, Consultant, or their respective employees and agents, and to any third party to the extent resulting from Consultant's negligent acts, errors or omissions under this Agreement, except to the extent such liability, damages, costs, losses, claims or expenses are caused by the negligent or willful acts, errors or omissions of District, its employees, or agents. These indemnity provisions shall survive the term of this agreement but in no event longer than any applicable stature of limitations. Should the Consultant, its directors, officers, agents or employees be found to liable for damages as noted above, in no event shall the Consultant's total liability for work performed under this Agreement be more than $1,000,000. 11. Insurance. Consultant shall procure and maintain for the duration of this Agreement insur ance policies in accordance with the insurance requirements set forth in Exhibit "B" incor porated by reference herein. In addition to these requirements, Consultant shall provide District with endorsement(s) attesting to its professional liability (errors and omissions) in surance coverage. 9-if \\OVSD-ARCHIVE1\My Documents\Contracts\2018\Contract No. 2018-14-Phoenix.2018 Pipe Bursting Project-SvrConst.docx 65 Contract No. 2018-14 Page 4 12. No Assignment. Services provided under this Agreement shall not be delegated or as signed by Consultant to any person or entity without the advance written consent of Dis trict. Breach of this provision shall be grounds for immediate termination of this Agree ment. 13. Examination of Records. Consultant agrees District shall have access to and the right to examine at any reasonable time and on reasonable notice Consultant's documents, pa pers and records, including accounting records, relating to or involving this Agreement. Such records shall be made available at the office of Consultant located closest geograph ically to District. 14. Notices. All notices or other official correspondence relating to contractual matters be tween the parties shall be made by depositing the same as first-class, postage prepaid mail addressed as follows: To Consultant: Jon Turner Phoenix Civil Engineering, Inc 535 E. Main Street Santa Paula, CA 93060 To District: Jeff Palmer, General Manager Ojai Valley Sanitary District 1072 Tico Road Ojai, CA 93023-3560 or such other address as either party may designate hereinafter in writing delivered to the other party. All notices shall be agreed to have been received three (3) days after mailing. 15. No Waiver. No failure or delay by either party in asserting any of its rights and remedies as to any default of the other party shall operate as a waiver of the default, of any subse quent or other default by the other party, or of any rights or remedies otherwise applicable. No such delay shall deprive either party of its right to institute and maintain any action or proceeding which may be necessary to protect, assert or enforce any rights or remedies arising out of this Agreement. 16. Partial Invalidity. If any term, covenant, condition or provision of this Agreement is found by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated thereby. 17. Terms. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties. No oral understanding or agreement not incor porated herein shall be binding on any of the parties. 18. Incorporation of Recitals. The foregoing recitals are incorporated herein as though fully set forth. \\OVSD-ARCHIVE 1\My Documents\Contracts\2018\Contract No. 2018-14-Phoenix.2018 Pipe Bursting Project-SvrConst.docx 66 Contract No. 2018-14 Page 5 19. California Law. This Agreement shall be interpreted and construed pursuant to the laws of the State of California. The parties agree that should litigation arising from this Agreement be commenced within California, venue for such litigation shall be in a court of competent jurisdiction in the County of Ventura. 20. Additional Provisions. Consultant agrees no regular employee of District shall be em ployed by its firm during the period this Agreement is in effect. IN WITNESS WHEREOF the parties hereto have executed this agreement the day and year first above written. Ojai Valley Sanitary District Phoenix Civil Engineering, Inc By ______By ______Russ Baggerly, Chairman Jon Turner, P.E. Board of Directors ATTEST By ______William M. Stone, Secretary Board of Directors APPROVED AS TO FORM: Arnold, LaRochelle, Mathews, VanConas & Zirbel, LLP By______Robert N. Kwong Legal Counsel for District C/-2/ \\OVSD-ARCHIVE1\My Documents\Contracts\2018\Contract No. 2018-14-Phoenix.2018 Pipe Bursting Project-SvrConst.docx 67 Contract No. 2018-14 Page 6 EXHIBIT A Scope Of Services The project is the 2018 Sewer Main Pipe Bursting Project Construction Management Services for the Ojai Valley Sanitary District. This project consists of pipe bursting three (3) segments of sewer main within Besant Rd., Mesa Dr. and Pueblo Ave. The section of Besant Rd. consists of 1324 LF and involves upsizing from 6" diameter sewer main to an 8" diameter sewer main. The section of Mesa Dr. consists of 589 LF and involves upsizing from 8" diameter sewer main to a 1O" diameter sewer main. The section of Pueblo Ave. consists of 390 LF and involves upsizing from 6" diameter sewer main to an 8" diameter sewer main. As part of the project construction, the District will advertise, receive and award a construction contract to a general construction contractor for the work. This proposal includes the support services effort for the construction phase. Construction Management As part of this task, Phoenix Civil Engineering, Inc. (Phoenix) will provide construction manage ment support to the District for the project. This includes conducting the pre construction meet ing with the Contractor and District staff, reviewing the project shop drawing submittals, con ducting the construction meetings with the Contractor and the District, performing the construc tion observation in accordance with other concurrent rehabilitation projects, coordinating with District staff, reviewing pay requests, change orders and requests for information. The project specifications indicate that it will take 40 working days to complete the project. The schedule is assumed to be as follows: • Shop drawing review - Two weeks • Pipe Bursting - Five weeks • Project final punch list items - One week For a total of approximately 8 weeks of construction. It is anticipated that construction manage ment and onsite observation will be provided at critical stages during construction activities. Full time onsite construction observation services will not be provided. Observation will occur at key points or at the request of the District to ensure that the project specifications, permit require ments and District expectations are being met. The construction management services include review of the project shop drawings. It is esti mated that 6 project shop drawing submittals will be provided by the Contractor based on the previous experiences with projects of this nature. For purposes of this proposal it is assumed that one initial review and one subsequent review will be conducted for approval. If the number of reviews and submissions exceed what is stated above, Phoenix and the District will agree to a change in scope and fee prior to completing the extra work. The construction phase support will also include providing the District with project coordination and communication between the contractor and District staff. The Construction Manager will be the primary point of contact and all correspondence will be handled by Phoenix. In addition, the Construction Manager will con duct the project progress meetings and prepare the project reports outlining the observations, photographs, potential construction changes, and schedule updates. The Construction Man ager will also review the monthly progress payment requests from the Contractor and provide a recommendation and packet to the District in the approved format. The Construction Manager 9 --)Z- \\OVSD-ARCHIVE1\My Documents\Contracts\2018\Contract No. 2018-14-Phoenix.2018 Pipe Bursting Project-SvrConst.docx 68 Contract No. 2018-14 Page 7 will review any project change order requests from the Contractor and provide a recommenda tion packet to the District in the approved format. The following efforts are included in this task: • Task 5: Pre Construction Meeting Prepare for and conduct the project construction kick off meeting with the Contractor and District staff. The meeting will be held at the District offices. A summary of discussion top ics and project deliverables will be provided. • Task 6: Shop Drawing Review Coordination/RF! Response Review and coordinate the project shop drawing submittals. It is anticipated that 3 submit tals will be reviewed. As part of this proposal, two reviews of the submittals will be con ducted for approval. Respond to contractor's requests for information (RFls). It is antici pated that up to 2 requests for information will be prepared during the construction phase. The responses will be coordinated by and originate and be sent from Phoenix Civil Engi neering, Inc. • Task 7: Construction Observation and Offsite Coordination Conduct construction progress coordination meetings. The meetings will be held at the jobsite or at the District offices. The meetings will cover construction progress, schedule, potential changes required in the design, and progress pay estimates. Provide periodic con struction observation for the duration of the construction period (40 working days). As stated above, full time observation is not assumed to be included and it is anticipated that the observations will occur simultaneously with the Sewer Main Lining Project. Periodic ob servation will be provided at the request of the District to verify compliance with the project permits, traffic control requirements, coordination with the residents, etc. Offsite construc tion coordination and management is also included. Phoenix will provide assistance through phone calls and email when not onsite. This effort will depend on the needs of the District. • Task 8: Review and Recommendation of Progress Pay Requests/Change Orders Provide progress payment review and recommendation for approval packages to the District in the approved format. Prepare and provide recommendation for approval of any project change orders to the District in the approved format. For purposes of this proposal, it is an ticipated that one change order packages may be necessary. Deliverable: Two copies of all preliminary and final shop drawings that have been reviewed for conformance will be provided to the District. Weekly project reports detailing the previous week's activities (meeting summary, project schedule update, potential construction issues, on site observation reports, coordination issues, photographs, etc.) will be provided. Any change order submittal will be reviewed and discussed with the District. Recommendations will be pre pared in the approved District format for processing. One copy of every monthly progress pay ment package will be delivered and discussed with the District. At the completion of the project construction phase a complete copy of all construction related correspondence will be provided to the District for their files. \\OVSD-ARCHIVE1\My Docurnents\Contracts\2018\Contract No. 2018-14-Phoenix.2018 Pipe Bursting Project-SvrConst.docx 69 Contract No. 2018-14 Page 8 Fee Estimate Summary Work associated with Tasks 5 through 8 is estimated to cost $17,105. A breakdown of the level of effort is listed below: Construction Phase Services • Task 5: Pre Construction Meeting $1,290 • Task 6: Shop Drawing Review Coordination/RF! Response $3,350 • Task 7: Construction Observation and Offsite Coordination $7,230 • Task 8: Review and Recommendation of Progress Pay Requests/Change Orders $5,235 ,. ---; ·~, ~ ; I I i 1 / • : , In preparing the proposal, the following was assumed: • The project construction timeframe is 40 working days. • Observation services will be part-time or as requested by District Staff. • Six submittals will be reviewed two times total. • This proposal includes up to one change order process request. \\OVSD-ARCHIVE 1\My Documents\Contracts\2018\Contract No. 2018-14-Phoenix.2018 Pipe Bursting Project-SvrConst.docx 70 Contract No. 2018-14 Page 9 EXHIBIT B Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to person or damages to property which may arise from or in connection with the performance of the work hereunder by Consultant, his agents, representatives or employ ees. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001 ). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Errors and Omissions liability insurance appropriate to the Consultant's profession. Minimum Limits of Insurance Consultant shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Project/ loca tion or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer/s Liability: $1,000,000 per accident for bodily injury or disease. 4. Errors and Omissions Liability: $1,000,000 per claim. Deductible and Self-Insured Retention's Deductible and self-insured retentions shall be no greater than: Commercial General Liability at $100,000; Automobile Liability at $25,000, and Errors and Omissions at $3 million. \\OVSD-ARCHIVE1\My Documents\Contracts\2018\Contract No. 2018-14-Phoenix.2018 Pipe Bursting Project-SvrConst.docx 71 Contract No. 2018-14 Page 1 0 Other Insurance Provisions The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The District, its officers, officials, employees and designated volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. 2. For any claims related to this project, the Consultant's insurance coverage, except errors and omissions, shall be primary insurance as respects the District, its directors, officers, officials, employees and volunteers. Any self-insurance maintained by the District , its of ficers, directors, officials, employees or volunteers shall be excess of the Consultant's in surance and shall not contribute with it. 3. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice ( 10 days' notice in the event of cancellation due to non-payment of premium) has been given to the District. Acceptability of Insurers Insurance is to be placed with insurers with a current AM.Best's rating of no less than B+:IX, unless otherwise acceptable to District. Verification of Coverage Consultant shall furnish the District with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by District before work commences. Notice to Proceed Consultant shall not commence work until all insurance certificates have been delivered to Dis trict and District has issued a notice to proceed. \\OVSD-ARCHIVE 1\My Documents\Contracts\2018\Contract No. 2018-14-Phoenix.2018 Pipe Bursting Project-SvrConst.docx 72 Contract No. 2018-14 Page 11 EXHIBIT C PHOENIX CIVIL ENGINEERING. INC Professional Services Hourly Rate Sheet 2017-18 Engineering Principal Engineer $165 Resident Engineer $150 Professional Engineer $150 Associate Engineer II $140 Associate Engineer I $130 Assistant Engineer $105 CADD Senior Designer $120 Assistant Designer $100 General Construction Manager $145 Construction Observer $105 Technical Assistant $85 Clerical/ Administrative Assistant $55 Costs associated with printing and computer time are calculated in the rates. Large quantities of printing (multiple sets of specifications, reports, etc.) will be billed at an agreed upon rate. Subconsultants will be marked up by 10%. ?-,27 \\OVSD-ARCHIVE 1\My Documents\Contracts\2018\Contract No. 2018-14-Phoenix.2018 Pipe Bursting Project-SvrConst.docx 73 BUDGET ADJUSTMENT OJAI VALLEY SANITARY DISTRICT FISCAL YEAR 2018/2019 BUDGET BUDGET ADJUSTMENT NO. 2019-09 ACCOUNT NO ACCOUNT NAME INCREASE DECREASE . (Source of Funds) 9200.00 Collection System Replacement Reserve $416,790 (Transferred to) 5950.15 Major Expenditures-CS $416,790 Total: $416,790 $416,790 CERTIFICATION: I, William M. Stone, Secretary of the Board of Directors of the Ojai Valley Sanitary District, do certify that the above is a true and accurate copy of Budget Adjustment No. 2019-09, authorized by the Board of Directors on July 23, 2018 WILLIAM M. STONE - SECRETARY \\OVSD-ARCHIVE1\My Documents\Board Mtgs\2018\07-23-2018\BudAdjust#2019-09-2018PipeBursting.docx 74 OJAI VALLEY SANITARY DISTRICT A Public Agency 1072 Tico Road, Ojai, California 93023 (805) 646-5548 • FAX (805) 640-0842 www.o1aisan.org July 19, 2018 Board of Directors Ojai Valley Sanitary District Ojai, CA 93023 CONSIDER AND AUTHORIZE DISTRICT RESPONSE TO 2017-18 VENTURA COUNTY GRAND JURY FINAL REPORT ON INDEPENDENT DISTRICTS; APPROVE AND ADOPT PROPOSED RESOLUTION NO. 2018-12 (RESERVE POLICY) The 2017-2018 Ventura County Grand Jury (Grand Jury) took it upon themselves (based in part on a 2000 State Little Hoover Commission report on the lack of public oversight and involvement in over 2,000 independent special districts) to investigate all of the inde pendent special districts with jurisdiction in the County of Ventura in order to determine if these special districts conducted themselves in a transparent manner with public ac countability to the affected public. The Grand Jury's 2017-2018 Final report is attached. The Grand Jury did not contact District Legal Counsel or Staff during their review, rather it appears that the review was completed entirely on-line. The Grand Jury identified a wide range of different types of recommendations for updates, many of which do not ap ply to OVSD. Attached is the Grand Jury report, with the listing of all the recommendations starting on page 3. The first item OVSD is listed for is FA-03, regarding OVSD's not having elec tions since 2016. Since OVSD's elections are on even years (i.e. 2014, 2016 ... ) and elections are scheduled this year in 2018, OVSD meets the election requirement. Specifically, OVSD is asked to respond to C-02, C-03 and R-04. R-04 has eight sub items. What the Grand Jury found was that none of the 49 special districts in the County placed their reserve fund policies and practices on their respective internet websites for review by interested or affected public members. The Grand Jury concluded that the absence of publicly available reserve policies and practices does not serve the public interest (C O2) and that special districts should do a better job explaining their need for and size of reserve funds (C-03). Ancillary findings of the Grand Jury involved the discovery that 6 special districts did not even have publicly accessible websites where they could place their respective reserve policy and procedure document (C-04). 75 Board of Directors July 19, 2018 Page 2 Along with 27 other special districts in the county, the Grand Jury recommends (R-04) that OVSD add the following components to their publicly available website: 1. Name, location, contact information, and services provided; 2. Governance structure, including governing board election information and the process for running for a board seat; 3. Compensation details of district staff including salaries, pensions, benefits or al- ternatively a link to the State Controller's website which contains this information; 4. Annual revenue figures, sources of revenue, and reserve fund amounts; 5. Reserve fund policy; 6. Geographic area of service; 7. Most recent Municipal Service Review and annual financial report supplied to State Controller or alternatively a link to the State Controller's website; 8. Link to the Ventura County Local Agency Formation Commission. Per the R-04 list of eight sub-items, the information identified in numbers 1, 3, 4 & 6 are already on OVSD's website, and have been for several years. Portions of the infor mation outlined in number 2 is also currently on the website, more detailed information about the board election process needs to be added to fully implement this recommen dation. Information identified in recommendation numbers 5, 7 & 8 are not currently on the website but can easily be added. All the recommended actions in R-04 can either be classified as "implemented" or "for future implementation" by OVSD in accordance with Penal Code §933.05(b ). Although the Grand Jury receives much of its authority to investigate matters from Penal Code §933 et seq., the Grand Jury Final Report itself includes no legal citation or man date for any special district to do any of the recommended actions in R-04. The only le gal citation found in this report was the Brown Act requirement to post agendas of Board meetings 72 hours in advance (Government Code §54954.2). Most of the recommended actions in R-04 involve existing information in OVSD's pos session which can then be placed on OVSD's publicly accessible website or, alterna tively, appropriate website links can be added to the OVSD website to direct the inter ested public member to the appropriate state or county office for the relevant infor mation. And much of what is contained in the Grand Jury Final Report about increased transpar ency and publicly available information reflects the many recent advances in website de sign and the provision of government agency information for interested public. As a mat ter of fact, there is a bill proceeding through the state legislature, SB 929, which would add section 53087.8 to the Government Code requiring every independent special dis trict to maintain an Internet Web site to facilitate compliance with public records and open meetings mandates. SB 929 is supported by the California Special District Associ ation (CSDA). If enacted into law, SB 929 would take effect on January 1, 2020. In many ways, the Grand Jury Final Report is duplicative of this pending legislation. 10--Z 76 Board of Directors July 19, 2018 Page 3 As more specifically stated in the attached OVSD Resolution No. 2018-12, government agency reserve fund policies and procedures are a function of capital improvement plans, on-going capital and equipment maintenance, compliance with federal and state environmental standards and governing board fiduciary policies. Reserve funds are es pecially important for agencies like OVSD which own, operate and maintain essential public services like a sanitary sewer collection and treatment facility. The Reserve funds, adopted budget, "pay as you go" conservative fiscal values, asset management plan and rate studies provide the District with the ability to avoid spikes in costs, avoid borrowing and interest payment costs and avoid undue rate increases. Contrary to what the Grand Jury Final Report intimates, OVSD reserve funds do not act as a kind of dis cretionary slush fund that is hidden from public view. Adopting this Reserve Policy and placing it on the OVSD website will address one of the recommended website compo nents of R-04. Below is a summary of responses/corrections related to the R-04 sub-items, nos. 1-8. 1. Already on website. 2. Already on website; revise website. 3. Already on website. 4. Already on website. 5. Adopt policy, revise website. 6. Already on website. 7. Revise website. 8. Revise website. The attached resolution, and posting to the OVSD website, will satisfy no. 5. The fiscal impact to modify and improve the functionality of the OVSD website is very minimal, estimated under $1,000. RECOMMENDATION It is recommended that the Board: a. Receive and File 2017-18 Ventura County Grand Jury Final Report on Independ ent Districts (04/26/2018); b. Authorize General Manager, in consultation with Legal Counsel, to prepare and submit "Response to Grand Jury Report Form" in response to the Ventura County Grand Jury Final Report on Independent Districts, specifically OVSD by August 10, 2018; and to take necessary actions to implement the responses set forth therein; and ~eand adopt Resolution No. 2018-12, District Reserve Policy. Jeff Palmer General Manager $ ·-3 77 Grand Jury 800 Souih Victoria Avenue Ventura. CA 93009 (805) 477-1600 Fax: (805) 658-4523 gr andj ury. cou ntyofvent ura. org May 10, 2018 Confidential Jeff Palmer, General Manager Ojai Valley Sanitary District The Ventura County Grand Jury has completed the attached report titled 'Independent Special Districts." This copy of the report is being provided to you two days in advance of its public release, as required by California Penal Code §933.05 (f), which states: A grand jury shall provide to the affected agency a copy of the portion of the grand jury report relating to that person or entity two working days prior to its public release and after the approval of the presiding judge. No officer, agency, department, or governing body of a public agency shall disclose any contents of the report prior to the public release of the final report. Please check the last page of text of the report for the timing of your response, if any, as required by the Penal Code. Section 933.05 of the Penal Code is attached for your reference. Also attached is a form for your responses to Grand Jury findings/conclusions and recommendations. Please keep in mind that this report must be kept confidential until its public release by the Grand Jury. The Report and your response letter is in attached files in this email. Respectfully, Andrew Ludlum, Foreperson 2017-2018 Ventura County Grand Jury /fJ ·--11 78 Ventura County Grand Jury 2017 - 2018 Final Report Independent Special Districts April 26, 2018 /fJ·-S 79 This page intentionally blank 80 Ventura Countv2017- 2018 Grand Jury Final Report Independent Special Districts Summary The 2017-2018 Ventura County Grand Jury (Grand Jury) investigated Ventura County (County) independent special districts as to their transparency and public accountability. In May 2000, the State of California (State) watchdog group the Little Hoover Commission found that independent special districts often lack the kind of oversight and citizen involvement necessary to promote their efficient operation and evolution. The Grand Jury found five independent special districts have not held public competitive elections since 1970. One special district has not held a competitive election since 1960. The Grand Jury recommends independent special district boards discontinue the practice of appointing new board members a few months prior to a public election. These newly appointed board members become incumbents in uncontested elections that are never held. The Grand Jury concluded no independent special district in the County has made its reserve policies and practices available on its website. The absence of publicly available reserve policies and practices does not serve the public interest. The Grand Jury recommends that all independent special districts have a published policy for reserve funds, including the size and purpose of reserves and how they are invested. These policies should be readily available for public review. The Grand Jury found six independent special districts in the County did not have websites. The Grand Jury recommends all independent special districts have websites informing the public about the policies, practices, and mission of the district. Background There are more than 4,000 special districts in California (State), including more than 2,000 independent special districts. They were created to meet unique local needs and conditions that did not neatly fit into the normal boundaries of cities and counties. Many of these, such as water districts, school districts, sanitary districts, and conservation districts, span across county and/or city boundaries. It was understood that these services should be paid for and administered by the populations they serve. It was intended that these special districts would not compete for revenue collected specifically for city and/or county services, but rather have their own local tax bases. It is believed that direct elections of governing boards by the populations served within these unique boundaries will lead to more accountability and transparency by these special districts. In 2000 the Little Hoover Commission found that California's special districts often amounted to a poorly overseen and largely invisible governing sector serving residents who know little about the districts or what they pay in taxes to sustain them. (Ref-01) Independent Special Districts /~--7 81 Ventura County 2017 - 2018 Grand Jury Final Report In 2017 the Little Hoover Commission affirmed that independent special districts are "independent" from other governments. These districts o~en have no direct oversight other than by the people they serve. Independent special district boards of directors are either elected directly by the people or appointed by other local officials. These districts are not accountable to the appointing board, nor does the appointing board have any oversight responsibility for the operation of the independent special district. (Ref-04) Special districts generate revenue from several sources including property taxes, special assessments, and fees. Statewide, special districts employ more than 90,000 people. California independent special districts accounted for more than $52 billion in revenue in 2016. In fiscal year 2015-2016, the 50 independent special districts in the County accounted for $334 million in revenues and taxes and had $324 million in expenditures. (Ref-04, Att-01) Independent special districts come under the auspices of Local Agency Formation Commissions, which have the responsibility for establishing service area boundaries. Under State law, Ventura Local Agency Formation Commission (LAFCO) is responsible for spheres of influence, incorporations, annexations, reorganizations, and other changes of organization. (Ref-06) Although LAFCO plays an important role in boundary maintenance and adjustment for independent special districts, it generally chooses not to exercise its authority over the operations of the special districts. Methodology • The Grand Jury sent out questionnaires to County independent special districts with no websites. • The Grand Jury examined data from the State Controller on independent special districts in the County. • The Grand Jury reviewed the websites of all independent special districts in the County under the jurisdiction of LAFCO. • The Grand Jury investigated financial reserve policies. • The Grand Jury investigated financial reserve best practices as described by the Little Hoover Commission reports and the California Special District Association recommendations. • The Grand Jury reviewed all board election results for independent special districts under LAFCO jurisdiction. • The Grand Jury conducted internet research and reviewed the report by the 1998-1999 Ventura County Grand Jury. • The Grand Jury reviewed Little Hoover Commission reports of independent special districts. • The Grand Jury interviewed witnesses about independent special districts in the County. 2 Independent Special Districts /~--!3 82 Ventura County 2017 - 2018 Grand Jury Final Report Facts FA-01. Five independent special districts have never held public competitive governing board elections since at least 1970. Historically, when a vacancy occurs on the district's board, or when a board member resigns near the end of his or her term, the board appoints a successor to serve out the remainder of the term. The newly appointed board member then becomes the incumbent, with all advantages of incumbency. If no one other than the newly appointed incumbent runs for the vacated office, the incumbent is then appointed and no election is held. The following independent special districts have held no recorded public competitive board member elections since their formation: • Ojai Water Conservation District • Oxnard Drainage District No. 1 • Oxnard Drainage District No. 2 • Pleasant Valley County Water District • Saticoy Sanitary District (Ref-07) FA-02. Five independent special district boards are not elected by the public but appointed by local elected officials who have no further authority over them. • Bardsdale Cemetery District • Ranch Simi Cemetery District • Fox Canyon Groundwater Management Agency • Piru Public Cemetery District • Ventura Port District (Ref-07) FA-03. Seventeen independent special districts have not held public competitive board elections since the year indicated: • Hidden Valley Municipal Water District - 1960 • Montalvo Community Services District - 1994 • Camrosa Water District - 2006 • Meiners Oaks Water District - 2008 • Triunfo County Sanitation District - 2010 • Fillmore-Piru Memorial District - 2010 • Rancho Simi Recreation and Park District - 2012 • Blanchard/Santa Paula Library District - 2012 Independent Special Districts /P - Y 83 Ventura County 2017 - 2018 Grand Jury Final Report • Bell Canyon Community Services District - 2014 • Camarillo Health Care District - 2014 • Conejo Recreation & Park District - 2014 • United Water Conservation District - 2014 • Pleasant Valley Recreation and Park District - 2014 • Channel Islands Beach Community Services District - 2016 • Calleguas Municipal Water District - 2016 • Casitas Municipal Water District - 2016 • Ojai Valley Sanitary District - 2016 (Ref-07) FA-04. There are no reserve policies or practices listed on the websites of all County independent special districts under the jurisdiction of LAFCO. Many independent special districts list their reserves in their financial reports. The Little Hoover Commission stated that hundreds of independent special districts have banked multimillion-dollar reserves that are unpublicized and unnoticed in regional or statewide infrastructure planning. (Ref-01) FA-05. State law mandates four requirements for any local agency with a website: • Agendas must be posted 72 hours before a meeting occurs. • Annual compensation reports, or a link to the State Controller's website that contains the report, must be posted. • Financial transaction reports, or a link to the State Controller's website that contains the report, must be posted. • Enterprise system catalogs must be posted. (Ref-04) FA-06. According to the Little Hoover Commission, it is important for independent special districts to communicate to their public in order to know which districts receive their property tax dollars, how to participate in their district's public processes, and how to pick the best board members to run their districts from an olten-obscure list of potential candidates. Recent technological developments have allowed many independent special districts to use websites to accomplish this. (Ref-04) FA-07. Six independent special districts in the County do not provide public access to a website. • Fillmore-Piru Memorial District • Hidden Valley Municipal Water District • Oxnard Drainage District No. 1 • Oxnard Drainage District No. 2 4 Independent Special Districts /tJ-10 84 Ventura County 2017 - 2018 Grand Jury Final Report • Piru Public Cemetery District • Pleasant Valley County Water District FA-08. The State Controller recommends the following key components for a website: • Name, location, contact information, services provided • Governance structure of the district, including election information and the process for constituents to run for board positions • Compensation details: total staff compensation, including salary, pensions, and benefits, or a link to this information on the State Controller's website • Budget, including annual revenues and the sources of such revenues, fees, property taxes and other assessments, bond debt, expenditures, and reserve amounts • Reserve fund policy • Geographic area served • Most recent Municipal Service Review, most recent annual financial report provided to the State Controller's office, or a link to this information on the State Controller's website • Link to the Local Agency Formation Commission and any State agency providing oversight (Ref-04, Ref-07) Conclusions C-01. The Grand Jury concluded there is a lack of transparency and accountability when there is: • An absence of competitive elections • No general publication of elections other than in County election materials • An election giving the electoral advantage of incumbency to a person who has been appointed solely to fill out the remaining months of another's term The Grand Jury concluded that these practices, while legal under present election codes, are not conducive to the best interest of the public or the interest of the special districts themselves. (FA-01, FA-03) C-02. The Grand Jury concluded that the absence of publicly available reserve policies and practices does not serve the public interest. (FA-04, FA-08) C-03. The Grand Jury concluded the independent special districts should better articulate the need for and the size of their reserves by adopting explicit Independent Special Districts / !J,-/1 85 Ventura County 2017 - 2018 Grand Jury Final Report policies for reserve funds. These policies should be readily available for public review. (FA-04, FA-08) C-04. The Grand Jury concluded that the absence of websites or the lack of public information on existing websites defining the policies, practices, and missions of independent special districts is not in the public interest nor does it promote public accountability. (FA-01, FA-02, FA-04, FA-05) Recommendations R-01. The Grand Jury recommends all independent special districts in the County reach out and communicate with the public on opportunities to serve on boards. Elections should be broadly publicized, along with a description of the nature and mission of the districts. (C-01, C-04) R-02. The Grand Jury recommends independent special district boards discontinue the practice of appointing new board members a few months prior to a public election, giving incumbent status to a virtually new board member. (C-01) R-03. The Grand Jury recommends that all independent special districts have a published policy for reserve funds, including the size and purpose of reserves and how they are invested. These policies should be readily available for public review. (C-02, C-03, C-04) R-04. The Grand Jury recommends every independent special district in the County have a website. Key components should include: .z . Name, location, contact information, and services provided ;.. . Governance structure of the district, including election information and the process for constituents to run for board positions 3 • Compensation details including staff salaries, pensions, and benefits, or a link to this information on the State Controller's website Annual revenues and the sources of such revenues, including fees, property taxes and other assessments, bond debt, expenditures, and reserve amounts Reserve fund policy Geographic area served Most recent Municipal Service Review, and the most recent annual financial report provided to the State Controller or a link to this information on the State Controller's website ls. Link to LAFCO (C-02, C-03) 6 Independent Special Districts 86 Ventura County 2017 - 2018 Grand Jury Final Report Responses Responses Required From: Ojai Water Conservation District (C-01, C-04, R-01, R-02, R-03, R-04) Oxnard Drainage District No. 1 (C-01, C-04, R-01, R-02, R-03, R-04) Oxnard Drainage District No. 2 (C-01, C-04, R-01, R-02, R-03, R-04) Pleasant Valley County Water District (C-01, C-04, R-01, R-02, R-03, R-04) Saticoy Sanitary District (C-01, C-04, R-01, R-02, R-03, R-04) Bardsdale Cemetery District (C-01, R-04) Rancho Simi Cemetery District (C-01, R-04) Fox Canyon Groundwater Management Agency (C-01, R-04) Piru Public Cemetery District (C-01, R-04) Ventura Port District (C-01, R-04) Hidden Valley Municipal Water District (C-02, C-03, R-04) Montalvo Community Services District (C-02, C-03, R-04) Camrosa Water District (C-02, C-03, R-04) Meiners Oaks Water District (C-02, C-03, R-04) Triunfo County Sanitation District (C-02, C-03, R-04) Fillmore-Piru Memorial District (C-02, C-03, R-04) Rancho Simi Recreation and Park District (C-02, C-03, R-04) Blanchard/Santa Paula Library District (C-02, C-03, R-04) Bell Canyon Community Services District (C-02, C-03, R-04) Camarillo Health Care District (C-02, C-03, R-04) Conejo Recreation & Park District (C-02, C-03, R-04) United Water Conservation District (C-02, C-03, R-04) Pleasant Valley Recreation and Park District (C-02, C-03, R-04) Chanqel Islands Beach Community Services District (C-02, C-03, R-04) Calleguas Municipal Water District (C-02, C-03, R-04) Casitas Municipal Water District (C-02, C-03, R-04) Ojai Valley Sanitary District (C-02, C-03, R-04) Requested From: Ventura Local Agency Formation Commission (C-01, C-02, C-03, C-04, R-01, R-02, R-03, R-04) References Ref-01. Little Hoover Commission, Special Districts: Relics of the Past or Resources for the Future?, May 2000.pg.i. httg: //www.lhc.ca .gov /regort/sgecia I-districts- relics-gast-or-resources future Accessed April 12, 2018 Ref-02. California State Controller's Office, Counties Financial Da ta. ,httgs: //counties. bythenu mbers. sea.ca. gov/# !/year/2016/revenue/ 0/entity name?vis=barChart Independent Special Districts /tJ --/3 87 Ventura County 2017 - 2018 Grand Jury Final Report Accessed April 11, 2018 Ref-03. California State Controller's Office, Counties Financial Data, https: //counties. bythen umbers.sea.ca .gov/# !/year/2016/operating/0/en tity name?vis=barChart Accessed April 11, 2018 Ref-04. Little Hoover Commission, Special Districts: Improving Oversight and Transparency, Report pg.5,#239,August 2017 http://www. I he. ca .gov /sites/I he.ca .gov /files/Reports/239/Report 239. pdf Accessed April 11, 2018 Ref-OS. 1998-1999 Ventura County Grand Jury, Special Districts: Final Report: https://www.ventura.org/grand-jury/ Accessed April 11, 2018 Ref-06. Ventura Local Area Formation Commission Website, http://www. ventura .lafco.ca.gov Accessed April 11, 2018 Ref-07. Jason Quinlin, Ventura County Election Division, October 18, 2017. http://www. lhc. ca .gov/sites/I he.ca. gov /files/Reports/239/Report Accessed April 11, 2018 Ref-08. Pedro Nava, Letter from the Chair, Little Hoover Commission, http://www. I he.ca .gov /sites/I he. ca. gov /files/Reports/239/Report. pdf Accessed April 11, 2018 Ref-09. "Guidelines for Reserves for Special Districts", 2nd. Edition, California Special District Association https://www.csda.net/home Accessed April 11, 2018 Attachments Att-01. California State Controller's Chart of Ventura County Special District Revenues by Special District Att-02. State Controller's Office Data, Special Districts Financial Transactions Report: Fiscal Year 2013-14 Ventura County List of Independent Special Districts 8 Independent Special Districts 88 Ventura County 2017 - 2018 Grand .Jury Final Report Glossary TERM DEFINITION Commission Little Hoover Commission County Ventura County Grand Jury 2017-2018 Ventura Grand Jury LAFCO Local Area Formation Commission State State of California Ventura City of San Buenaventura Independent Special Districts /o·-5 89 Ventura County 2017 - 2018 Grand .Jury Final Report Attachment O1 California State Controller's Chart of Ventura County Special District Revenues by Special District 10 Independent Special Districts 90 Ventura County 2017-2018 GrandJurv Final R,u,ort ----'I_.,_ .. :f. •• 4:!) ~ • l;J -.,-a 12:11PM Q O !,_ • • < L...._.,J------• -•...... ~t1D1&1r• ,~ ,.,.. .. ~•'l:U.. ,..._..,._.,,, ,.. ~ c, a . ~ A , - f':" CJ ' i ', ~ ' ,.. I,,.. • • KO .... $334. 29 Million :·-~- I !--·..,. .... u-...... _,.. -...... _.,. - -•I ==:...:-, I I I .. ..., ...... __,_~ ...... z:ul"MW'l)pjll -4Q • l$,...._'CNII . . ' ...... a,,...... ,. 1111!!1 " B 0 A A " ... ----- ~ ( ~ 1,n~\~_.)l .. :11na"'1 c .. ' ...... _ $323.62 Mllllon fr,de~der,t 2016 • • ra-ml DltlrtCI Data • lndcprndent broken down by A.cuvlty T -.u:, ...... -....--1a:111•• .. I-_,.._...._...... -•I -I I I I II -MIMI •IM' W•• Independent Special Districts /0 - 17 91 Ventura County 2017 - 2018 Grand Jury Final Report Attachment 02 State Controller's Office Data Special Districts Financial Transactions Report Fiscal Year 2013-14 Ventura County List of Independent Special Districts 12 Independent Special Districts 92 Ventura County 2017 - 2018 Grand .Jury Final Report SCO_LAFCO FY 2014 Page 74 of 77 07 /29/15 California State Controller's Office List includes only independent special districts Ventura Bardsdale Cemetery District Cemetery - 178,310 2,829 Ventura Beach Erosion Authority For Clean Oceans and Nourishment Resource Conservation - 103,516 103,208 Ventura Bell Canyon Community Services District Waste Disposal Enterprise - 464,992 - 4,043 Ventura Black Gold Cooperative Library System Library Services - 1,356,114 - Ventura Blanchard/Santa Paula Public Library District Library Services - 929,989 119,150 Ventura Calleguas Municipal Water District Water Enterprise 147,829,496 7,895,811 - 288,173 Ventura Camrosa Water District Waste Disposal Enterprise 3,140,580 47,319 - Ventura Camrosa Water District Water Enterprise 15,709,479 1,492,882 - 4,405 Ventura Casitas Municipal Water Water Enterprise 14,923,271 3,100,620 - 76,841 Ventura Channel Islands Beach Community Services District Waste Disposal Enterprise 2,361,577 9,223 - Ventura Channel Islands Beach Community Services District Water Enterprise 1,689,332 61,632 - Ventura Coastal Schools Employee Benefits Organization Self Insurance -- 44,458,554 - Ventura Conejo Recreation and Park District Recreation and Park -- 22,706,394 3,049,907 Ventura Conejo Valley Open Space Conservation Agency Resource Conservation -- 1,268,900 1,188,474 Ventura El Rancho Simi Cemetery District Cemetery - 145,921 544 Ventura Fillmore-Piru Memorial District Memorial -- 201,247 178 Ventura Fox Canyon Groundwater Management Agency Water Enterprise - 1,304,731 - Ventura Gold Coast Transit Transit Enterprise 18,531,482 - 14,557,083 Ventura Hidden Valley Municipal Water District Water Enterprise - 8,115 - Ventura Meiners Oaks County Water District Water Enterprise 1,294,909 130,556 - 1,074 Ventura Montalvo Community Services District Waste Disposal Enterprise 397,066 276,058 - 2,376 Ventura Ojai Basin Groundwater Management Agency Water Enterprise 86,045 567 - Ventura Ojai Valley Sanitary District (Ventura) Waste Disposal Enterprise 8,261,529 935,280 - 5,170 Ventura Ojai Water Conservation District Flood Control and Water Conservation - 8,013 70 Ventura Oxnard Drainage District No. 1 (Ventura) Drainage and Drainage Maintenance - 48,241 - Ventura Oxnard Drainage District No. 2 (Ventura) Drainage and Drainage Maintenance - 163,234 - Ventura Oxnard Harbor District Harbor and Port Enterprise 14,045,832 248,034 - Ventura Piru Cemetery District Cemetery - 44,491 423 Ventura Pleasant Valley County Water District Water Enterprise 3,610,070 409,349 - 24,875 Ventura Pleasant Valley Recreation and Park District Recreation and Park - 7,921,243 153,761 Ventura Port Hueneme Water Agency Water Enterprise 4,480,306 48,197 - Ventura Rancho Simi Recreation and Park District Recreation and Park - 21,109,995 1,332,246 Ventura Saticoy Sanitary District (Ventura) Waste Disposal Enterprise 403,743 42,638 - 320 Ventura Teen Center Services Authority Recreation and Park - 204,298 - Ventura Triunfo County Sanitation District (Ventura) Waste Disposal Enterprise 9,669,902 26,272 - Ventura Triunfo County Sanitation District (Ventura) Water Enterprise 6,592,267 153,881 - Ventura United Water Conservation District Flood Control and Water Conservation - 14,691,843 197,963 Ventura United Water Conservation District Recreation and Park -- 109,068 - Ventura United Water Conservation District Water Enterprise 8,105,955 1,502,683 - Ventura Ventura County Air Pollution Control Air Pollution Control - 11,336,081 8,033,315 Ventura Ventura County Fast Action School Transit (VCFAST) Governmental Services - 114,876 114,724 Ventura Ventura County Regional Energy Alliance (VCREA) Governmental Services - 221,994 - Ventura Ventura County Resource Conservation Resource Conservation - 654,147 636,162 Ventura Ventura County Schools Business Services Governmental Services - 1,021,705 - Ventura Ventura County Schools Self-Funding Authority Self Insurance - 24,367,649 - Ventura Ventura County Transportation Commission Transit Enterprise 9,117,919 - 6,843,264 Ventura Ventura Port District Harbor and Port Enterprise 7,144,257 3,021,873 - 1,949,287 Ventura Ventura Region Sanitation District Waste Disposal Enterprise 20,033,901 473,154 - Ventura Ventura River County Water District Water Enterprise 2,088,552 35,136 - 272 Independent Special Districts /o-1? 93 Grand Jury 800 South Victoria A;enue Ventura. C.A 93009 (805) 477-1600 y Fax: {805) 658-4523 gra ndju ry. cou n(Y'ofve ntura. org Response to Grand Jury Report Form Report Title-; Independent Special Districts Report Date: April 26, 2018 Response by: Title: FINDINGS I CONCLUSIONS • I (we) agree with the findings/ conclusions numbered: ______ • I (we) disagree wholly or partially with the Findings/ Conclusions numbered: (Attach a statement specifying any portions of the Findings/ Conclusions that are disputed; include an explanation of the reasons.) RECOMMEND A TIO NS • Recommendations numbered ______have been implemented. (Attach a summary describing the implemented actions and date completed.) • Recommendations number ______have not yet been implemented, but will be implemented in the future. (Attach a time frame for the implementation.) • Recommendations numbered ------require further analysis. • Recommendations numbered ------will not be implemented because they are not warranted or are not reasonable. Signed: ______Date: ------ Number of pages attached: ____ 94 California Penal Code Sections Penal Code 933 No later than 90 days after the grand jury submits a final report on the operations of any public agency subject to its reviewing authority, the governing body of the public agency shall comment to the presiding judge of the superior court on the findings and recommendations perta\ning to matters under the control of the governing body, and every elected county officer or agency head for which the grand jury has responsibility pursuantto Section 914.1 shall comment.within 60 days to the presiding judge of the superior court, with an information copy sent to the board of supervisors; on the findings and recommendations pertaining to matters under the control of that county officer or agency head and any agency or agencies which that officer or agency head supervises or controls. Penal Code 933.05 (a) For purposes of subdivision (b) of Section ~33, as to each grand jury finding, the respondirrg . person or entity shall irrdicate one of the following: (1) The respondent agrees with the finding. (2) The respondent disagrees wholly or partially with the finding, in which case-the respo~se shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefore. (b) For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions: (1) The recommendation has been implemented, with a summary regarding the implemented action. (2) The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation. (3) The recommendation requires further analysis, :with an explanation and the $cope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury ~~ . (4) The recommendation will not be implemented because itis not warranted or is not reasonable, with an explanation therefore. · ( c) However, if a finding or recommendation of the grand jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head arid the board of super.visors shall respond if requested by the grand • . jury, but the response of the board of supervisors shall address only those budgetary or per.sonnel matters over which it has some:decision making aµthority. The response of the elected agency or department head.shall address all aspects of the findings or recommendations affecting his or her agency or department. ( d) A grand jury may request a subject person or entity to come before the grand jury for the purpose of readi:o.g and discussing the findings of the grand jury report that relates to that person or entity in order to verify the accuracy of th_e findings prior to their release. ( e) During an investigation, the grand jury shall meet with the subject of that investigation regarding the investigation, un_less the court, either on its own determination or upon request of the foreperson of the grand jury, determines that such a meeting would be detrimental. (f) A grand jury shall provide to the affected agency a copy of the portion of the grand jury report relating to that person or entity two (2) working days prior to its public release and after the approval of the presiding judge. No officer, agency, department, or governing body of a public agency $hall disclose any contents of the report prior to the public release ·of the final report 95 OJAI VALLEY SANITARY DISTRICT RESOLUTION NO. 2018-12 RESOLUTION FOR THE ADOPTION OF THE OJAI VALLEY SANITARY DISTRICT RESERVE POLICY BE IT RESOLVED that the Ojai Valley Sanitary District Board of Directors does hereby approve and adopt the attached Reserve Policy to become effective July 1, 2018;; rd PASSED AND ADOPTED this __23_ __ day of July , 2018, upon the following vote: AYES: NAYS: ABSENT: ABSTAIN: Russ Baggerly, Chairman CERTIFICATION: I, William M. Stone, Secretary of the Board of Directors of the Ojai Valley Sanitary District, do certify that the above is a true and accurate copy of Resolution No. 2018-12 adopted by the Board of Directors on __J_u_ly_2_3~, _2_0_18______ William M. Stone, Secretary /tJ .-22 96 Resolution No. 2018-12 - Reserve Policy Page 2 Ojai Valley Sanitary District Reserve Policy Purpose The purpose of the Ojai Valley Sanitary District (OVSD or District) Reserve Policy is to ensure that the District will, at all times, have sufficient funding available to: (1) meet its operating, capital, and debt service cost obligations; (2) fulfill its legal, regulatory and contractual obligations; and (3) mitigate risk and liability exposures. Policy This Reserve Policy is intended to ensure the District has sufficient cash flow and reserves to meet current and future needs and provide transparency to its ratepayers by establishing and maintaining specific reserve funds. Reserve funds are needed to provide funding for planned and unplanned events. Planned events include, but are not limited to, accumulating balances to fund operating needs, capital improvement program needs and renewal & replacement of existing assets, debt service obligations, and providing funds to mitigate cash flow variances throughout unanticipated expenses, funding and paying for regulatory compliance projects and requirements. Reserve funds are also used to pay unforeseen and emergency events. OVSD's Annual Approved Budget and related Board approvals establish the funding priorities and funding levels for OVSD expenditures and reserve funds. The District works, whenever possible, to "pay-as-you-go", meaning that borrowing and incurring interest charges are avoided whenever possible. As a result of the "pay-as-you-go" approach to funding the essential public service of operating and maintaining a sanitary sewage collection and treatment facility, District established reserve funds are funded to achieve anticipated District funding needs. Various studies and reports such as the Asset Management Plan and Rate Study are used to help guide and determine the right funding levels. The established reserves defined herein provide guidance for long-term financial planning and maintaining the District's long-term financial health and operational stability. Adequate fund reserves: (1) provide working capital to fund operating needs; (2) provide working capital to fund capital improvement program needs; (3) provide a financial cushion for dealing with unanticipated financial needs and emergencies; and (4) are a component of achieving favorable credit ratings which can help to reduce the costs of issuing debt. This policy designates specific reserve accounts that the Board of Directors has determined to be in the best interest of the District. It also establishes the authority of the Board and staff for the implementation and maintenance of the reserve accounts defined herein. \\OVSD-ARCHIVE1\My Documents\Resolutions\Resol 2018-12 - Reserve Policy.docx 97 Resolution No. 2018-12 - Reserve Policy Page 3 Reserve Fund Types The District maintains several reserve funds. All funds are designated, or restricted, for specific purposes and are independent of one another. There are two types of reserve funds: Restricted Reserves and Board Designated Reserves. Definitions: A Board Designated Reserves Board Designated Reserves are established and designed for specific purposes. These funds are to be utilized to fund such things as operations and maintenance, future capital facilities, repair and replacement of existing assets, economic uncertainties, regulatory requirements, local disasters and other financial hardships. B. Restricted Reserves Restricted Reserves are funds which have use restrictions or mandates imposed by an outside source such as creditors, granters, contributors, laws or regulations governing use of such funds. Reserve Accounts A Treatment Plant Replacement Reserve The Treatment Plant Replacement Reserve was created in 1983 to comply with local funding requirements imposed when the Oak View Sanitary District accepted federal and state grant funding to build the 1983 treatment plant improvements. This requirement was known in 1983 as Capital Replacement Fund (CRF) and the general idea was that the federal and state grant was going to bring Oak View Sanitary District's facilities to a level of service that would meet then current regulatory requirements. In return for the grant, the local agency was required to annually set aside funds in the CRF which would guarantee perpetual replacement of the major facilities at the same level of service. The replacement would take place as each major item in a facility reached the end of its respective service life. Although the timing of this grant condition was before the consolidation of area sanitation agencies into the District and some of the grant-funded facilities have been demolished, the requirement for this treatment plant replacement reserve cannot be altered and was not altered by the consolidation process. As successors in interest to the Oak View Sanitary District, OVSD is bound by this same rule. /0 -21 \\OVSD-ARCHIVE1\My Documents\Resolutions\Resol 2018-12 - Reserve Policy.docx 98 Resolution No. 2018-12 - Reserve Policy Page 4 B. Treatment Plant Expansion Reserve The Treatment Plant Expansion Reserve was created in the 1970's for the purpose of accounting for capacity charges collected from new customers for future expansion. Government Code section 66013 which was added to state law in 1990 to require that funds collected for capital expansion purposes be identified and accounted for separately from all other funds of the agency. This state law was passed to eliminate the perception that some agencies were charging excessive capital impact fees to new customers and using those funds for non capital purposes. This reserve is how the District complies with Government Code section 66013 requirements. New customers connecting to the District sewer system are required to pay a treatment plant capacity charge adopted by the Board of Directors and set forth in the OVSD Code of Regulations. The charge is calculated to be the new customer's fair share of the historic investment in existing capital facilities. Payment of this charge places the new sewer customer to have an investment on equal footing with existing sewer customers in terms of their investment in the District sanitary sewer system. C. Collection System Replacement Reserve The purpose of the Collection System Replacement Reserve is to accumulate funds for major repairs and replacement of the District's collection system facilities. D. Equipment Replacement Reserve This Reserve covers typical office equipment necessary to support administrative and management functions and tools (other than small tools) and equipment necessary to support collection system maintenance and treatment plant operations, other than small tools. This Reserve also covers Information Technology equipment and software. E. Vehicle Replacement Reserve The Vehicle Replacement Reserve covers the replacement of the District's fleet of licensed motor vehicles. Replacing vehicles is a schedule based three factors: historical mileage; use & maintenance records. All three of these factors are considered during staff's annual evaluation of the District's vehicle needs for the coming fiscal year. F. Building Replacement Reserve The Building Replacement Reserve Fund was created to cover major repairs, maintenance and replacements at the Tico Road facilities. \\OVSD-ARCHIVE1\My Documents\Resolutions\Resol 2018-12 - Reserve Policy.docx 99 Resolution No. 2018-12 - Reserve Policy Page 5 G. Collection System Local Capacity Reserve The Collection System Local Capacity Charge equals each parcel's proportionate share of the total replacement cost of the District's existing Local Sewer facilities and is therefore, proportionate to the benefit received by that parcel. The Collection System Local Capacity Reserve is used for capacity issues in the Local portion of the District's Collection System. This Reserve receives all Collection System Local Capacity charges when a property connects to the sewer. H. Collection System Trunk Capacity Reserve The Collection System Trunk Capacity Charge equals each parcel's proportionate share of the total replacement cost of the District's existing Trunk Sewer facilities and is therefore, proportionate to the benefit received by that parcel. The Collection System Trunk Capacity Reserve is used for capacity issues in the Trunk portion of the District's Collection System. This Reserve receives all Collection System Trunk Capacity charges when a property connects to the sewer. I. Contingency & Stabilization Reserve The Contingency & Stabilization Reserve is used as a funding source for unexpected and unbudgeted activities or items which develop during the year for which no other source of funds exists. This fund can also provide a contribution to offset rate increases during the budgeting cycle. J. Debt Service Reserves The Debt Service Reserves are used for the annual principle and interest payments of the District's outstanding Debt Issues. These Reserves receive contributions each fiscal year from the General Fund. Management Responsibility The General Manager, and his/her designee, is authorized to establish and implement procedures to support and carry out this policy. District management will ensure that these funds and reserves are reviewed during the budget cycle and are adjusted as necessary to remain within the guidelines outlined in this document. Investing Reserve Funds Reserve Funds will be invested according to the District's Investment Policy. /0-26 \\OVSD-ARCHIVE1\My Documents\Resolutions\Resol 2018-12 - Reserve Policy.docx 100 OJAI VALLEY SANITARY DISTRICT A Public Agency 1072 Tico Road, Ojai, California 93023 (805) 646-5548 • FAX (805) 640-0842 WWW .OjaISan.org July 19, 2018 Board of Directors Ojai Valley Sanitary District Ojai, CA 93023 OVSD'S PRETREATMENT PROGRAM UPDATE OVSD's Pretreatment Program (Program) is identified in Chapter 11 of the OVSD Code of Reg ulations. It is a 72-page section, the largest of any section in the OVSD Code. The Program is required under California Water Code Division 7, the Federal Clean Water Act (33 United States Code Section 1251) and the General Pretreatment Regulations, Title 40 of the Code of Federal Regulations, Part 403. The Program is required to regulate industrial user's discharge. It is wide ranging and has be come a major portion of our customer outreach. It requires OVSD to visit each user, identify any, and all, potential chemicals or processes of concern, identify concentration levels of chemi cals or pollutants, require and complete baseline and regular testing, inspect and verify testing and proper disposal are being completed, inspect and verify that management practices are be ing completed and verify necessary forms and documents are being recorded and maintained. The Program is wide ranging and requires a customized permit including testing, records man agement and practices for each business or type of business. The Program requires OVSD to currently visit annually, or more frequently, depending on the business, and inspect and regulate approximately 140 businesses. This includes restaurants, wine and spirit makers, auto repair shops, any business with chemicals, hospitals, schools, den tal offices, laundromats, carwash and dry cleaners. From grease, to mercury, to spirits over 24% alcohol and any other caustic, explosive, or chemical of concern, out of range pH, whey and fat from Pepsi/Dairy Farmers of America , soaps, shampoos, sunscreen and many others are all regulated. The Program and our Discharge Permit require OVSD to document and main tain records of all aspects of the Program and make that available to State and Federal inspec tions, in the form of regular compliance inspections. The essence of the Program, and the regulations from the State and Federal governments is to keep pollutants and chemicals out of the system so that the Collection System and Treatment Plant don't even have to treat them nor have them get through the system out into the dis charge. But, it does then pose a burden onto individual businesses. Restaurants need to have and maintain grease traps, dentists need to make sure mercury fillings don't get down the drain, auto repair facilities can't wash oil, solvents and antifreeze down the drain and Pepsi/Dairy Farmers can't flush the fats and whey from bottled coffee drinks down the drain. ITc/A II-/ 101 Board of Directors July 19, 2018 Page 2 OVSD Staff have to manage and enforce the Program. The challenge is how to manage the program, achieve compliance with all our business custom ers, ensure that records and best management practices are being followed, help the busi nesses comply, interpret complex Resource Conservation and Recovery Act (RCRA), EPA, CFR's, State regulations and what they really mean to the business owners and assist in testing and reporting requirements. All of this, while avoiding, where possible, cost burdens that affect local small businesses. Over the coming months, Staff will continue to work with businesses to implement their required steps and actions to comply with the Program. Attached are pictures of 'grease traps' being installed, maintained and inspected at various loca tions t roughout the District. Jeff Palmer General Manager 11-z_ \\OVSD-ARCHIVE1\My Documents\Board Mtgs\2018\07-23-2018\Pretreatment Program Update.docx 102 103 .._ 104 II- .. 11--:r 105 106 7' -7 107 108 ... 109 11-? 110 111 112 - ..,...... ot· • ... . 9 ... _._ " , .. '-~ ~ ...... = ~ - tt ... • . · . . - ,,J/& ~ ~ . ~ - .,,#' -- ll-/3 113 114 Ventura Spirts Distillery This one of there stills. This is where most of their waste is generated form. On average they will dump about one of these a day at 8:00 am with a pH below 5 and temperature around 100 degrees. There is also some flammable liquid in their waste. We also Know that the BOD can be as high as 25000. They are located right across the street from Orchard lift station //---/5' 115 This is the bottom of the same still witch shows the drain valve going towards there sump pump station - ---· - ... /J-//p 116 This is there pump sation witch has 2 sump pumps in it that pump the waste into the sewer system - 1·\ ) 11-17 117 This is the foaming at orchard lift station from Noble Labs making their product. 118 //-/~ This is the sink in Noble Labs, where they said the dumped about 2-5 gallons of left over shampoo down the drain. This is the same day and time of the foaming at the lift station. 11-/'1 119 Here is DAF's pH adjustment treatment skid. It has 3 zones the adjust the pH. This skid only adjusts the pH and will only perform at 200 gpm. This is the pH buffer and the pumps feeding the pH buffer into the skid. Also show an in line pH prob 11-ZD 120 /J-2/ 121 This tank is for the waste that is not full treated or does not meet an acceptable pH. The pH skid will automatically pump to this tank. Then at a proper time the waste will run back through the pH skid, so it can be discharge to the sewer system. I put this in here to show what an industry is doing to treat their waste before it hits the sewer system. /J--ZZ- 122 OJAI VALLEY SANITARY DISTRICT A Public Agency 1072 Tico Road, Ojai, California 93023 (805) 646-5548 • FAX (805) 640-0842 WWW .O)alSan.org July 19, 2018 Board of Directors Ojai Valley Sanitary District Ojai, CA 93023 TREATMENT PLANT EFFLUENT CONSIDERATIONS Given the continuation of severe drought conditions in the Ojai Valley and other parts of the County of Ventura, issues or questions have arisen regarding the legal and permitted status of the effluent from the OVSD Treatment Plant. This is a good time to recap some of the past his tory, studies to date, some relevant questions and some order of magnitude costs about the use of OVSD Treatment Plant effluent and recycled water. This recap will also address some questions on this issue fielded by OVSD staff on the subject of whether OVSD is in fact a "water provider" in some circles. OVSD effluent has been a topic of water discussion over the years. In fact there have been several focused studies in 1976, 1980, 1992, 1994, 2007 and 2014 looking at re-use or recycled water issues. Reuse of the water that is released from the OVSD Treatment Plant was a critical element of the Farmont Golf Course effort as well as many other land/water use matters in our area. The following facts are important in understanding any discussion about the beneficial reuse of treatment plant effluent: 1. The OVSD Treatment Plant is on City of Ventura land, by right of a lease that says " .... Lessor has the right to take, use or dispose of the effluent of Lessee's sewage treat ment plant, at its election." The City of Ventura lease essentially give itself first right to the effluent, and any treated water. 2. OVSD's Conditional Use Permit (CUP) from the County of Ventura and Regional Water Quality Control Board (RWQCB)Discharge Permit require that the treatment plant efflu ent be discharged into the Ventura River. 3. This discharge into the Ventura River is required to provide water for ecosystem and en vironmental purposes, including the Endangered Steelhead Trout. Any diversion of wa ter from its current discharge point to any other use such as reclaimed water use, is a project subject to review under the California Environmental Quality Act (CEQA) and de pending upon the exact nature of the project - it could require an environmental impact report (EIR). The project's potential Impacts to the environment and degradation of ben eficial uses would have to be studied and any significant impacts mitigated to a level that is less than significant. £723711 /Z -/ 123 Board of Directors July 19, 2018 Page 2 4. OVSD's water also provides recharge to groundwater aquifers and downstream water rights holders. 5. OVSD's CUP and Discharge Permit would be required to be modified in order to accom modate a recycled water project through a discretionary public hearing and review pro cess. Each of the above-referenced studies could not come up with a project description that met the CEQA and water quality requirements let alone to even begin the technical project de sign process. In addition to the above core environmental and permitting hurdles, there are additional water quality, pollutant loading, engineering and chemical, and cost areas of con cern that surround any project that contemplates the use of OVSD Treatment Plant effluent. In order to reuse the effluent for any recycled or reclaimed water use purpose, the effluent must meet Title 17 or Title 22 California Code of Regulations requirements for reclaimed or recycled water. These legal requirements include the treatment plant process, operator training and certification and is very specifically outlined in various portions of the California Water Code and corresponding Code of Regulations. OVSD is not certified to deliver Title 22 compliant water to any end user. OVSD is not a water district and does not meet the very specific definitions and requirements of a "Water Producer" or "Water Distributor". Those are very specific legal definitions. OVSD does not have the treatment capability to produce Title 22 compliant water. OVSD does not have any water delivery pipelines, stor age tanks, pumps, delivery systems or even water customers. In short, OVSD is not a water district. But OVSD is a sanitary sewer district authorized under the Health & Safety Code. There are two added complications now. The first is the Nutrient Total Maximum Daily Limit (TMDL) for the Ventura River Watershed and issues related to algae and dissolved oxygen issues in the Ventura River. Under the TMDL, OVSD is mandated to reduce our nutrient loads by approximately half. Pursuant to the federal Clean Water Act and related federal regulations, waters shall not contain bio stimulatory substances in concentrations that pro mote aquatic growth to the extent that such growth causes nuisance or adversely affects beneficial uses. To comply with the Nutrient TMDL, OVSD estimates that it will have to spend $10-15 million over the next 7 years with full compliance required by 2025. The second issue is related to the interaction or interrelationship between surface water and groundwater in the Ventura River Watershed and pending litigation from an environmental group against the City of San Buenaventura and the State Water Resources Control Board about too little water in certain reaches of the Ventura River for the protection and sustaina bility of public trust, environmental or habitat uses. This litigation is still working its way through the court system and there is no foreseeable resolution. The outcome of this litiga tion, however, may have a significant impact on seasonal flows in the Ventura River and how much, if anything, can be diverted from the Ventura River. Assuming the environmental, Ventura lease, TMDL and water litigation issues could be re solved, the other issues about producing Title 22 compliant water might be addressed. There would still be the necessity for a formal CEQA process, feasibility analysis, engineer ing and design process, treatment and delivery and coordination with sewage treatment re quirements are fairly well defined and could be completed. These areas include some sig nificant hurdles, including costs, but could be looked at in more detail. \\OVSD-ARCHIVE1\My Documents\Board Mtgs\2018\07-23-2018\Treatment Plant Effluent.docx /2-2- 124 Board of Directors July 19, 2018 Page 3 If a process was to begin, assuming all of the above, the process would include the following steps: • Recycled Water Feasibility Study • Salt Nutrient Management Plan • Recycled Water Master Plan • Project Description • CEQA Initial Study • Reasonable Take Analysis (California Department of Fish & Wildlife and US Fish & Wildlife) for water in the river and estuary reduced flow impacts • Ecosystem and species analysis of effects of reduced flow • Preliminary Environmental Documentation under CEQA • Water Rights Analysis • Seawater intrusion condition analysis • Preliminary Design Report and alternatives analysis • CEQA EIR and/or National Environmental Policy Act Environmental Impact State- ment • Project design • Construction • Project Monitoring OVSD staff has done an order of magnitude study, related only to treatment of effluent in what is called "package plants" located up in the Ojai Valley. This would avoid sending all the sewage to the treatment plant for treatment, then pumping the treated title 22 water back up to the valley for use as irrigation water or injection into the ground for recharge purposes. Rather, the package plants would extract some recycled water, sending the remaining water to the treatment plant for full sewage treatment and discharge. Given issues with pollutant loading, not all water in sewage flow can be extracted for re claimed or recycled uses. Industry standards would indicate that 30% of water may be ex tracted, with the remainder part of the sewage flow for final treatment at the plant. Concep tually, two package plants, one located in the vicinity of Creek Road and Country Club Drive to treat the flow out of the Ojai area and a second package plant located near the Baldwin Road to treat the flow in the Ventura River area, could treat approximately 150,000 gpd. That's less than ½ an acre foot a day, or about 180-acre feet per year in reclaimed or recy cled water. Using a skid mounted container reverse osmosis system, with the assumed flow rates, water would cost about $4-5000/af. That's $10-12/unit of water. Domestic water rates in the Ojai Valley currently range from $3 to $9 per unit. Agricultural water rates are lower than that. These costs are for the skid mounted reclaimed water system only. They do not take into account complex environmental issues, right of way acquisition, pumping, storage and deliv ery systems or any additional treatment that would be required at the treatment plant to treat the more concentrated sewage flows. All of these issues would necessarily add to the per unit cost of reclaimed/recycled water. \\OVSD-ARCHIVE1\My Documents\Board Mtgs\2018\07-23-2018\Treatment Plant Effluent.docx 125 Board of Directors July 19, 2018 Page 4 In reading and reviewing the studies back to the mid 1970's, over 40 years' worth of docu mentation and information, it is clear that the technical aspects are not the most difficult hur dles for reclaimed water production. Although the system and costs related to the system are high, those too are not the most difficult aspects. Given that OVSD is not a certified or legal "Water Producer" or "Water Distributor" under governing law and is not subject to key portions of the CA Water Code regulating reclaimed and recycled water, significant regulatory hurdles pose the greatest difficulty for OVSD if it is to become a water supplier for its treated wastewater effluent. OVSD is not a water district and has none of the abilities or powers to begin that process short of a lengthy and costly regulatory process to apply and obtain the necessary permits like the City of Oxnard and its Advanced Water Treatment Facility. And finally, until the City of Ventura lease expires in 2062, there are questions as to whether or not OVSD even has the ability to control the ef fluent for recycled purposes. At its core, the complex river, environmental, water rights, and regulatory structure present a much more difficult and costly path for a reclaimed or recycled water project using OVSD Treatment Plant effluent. ~Jeff Palmer General Manager /2-11 \\OVSD-ARCHIVE 1\My Documents\Board Mtgs\2018\07-23-2018\Treatment Plant Effluent.docx 126 OJAI VALLEY SANITARY DISTRICT A Public Agency 1072 Tico Road, Ojai, California 93023 (805) 646-5548 • FAX (805) 640-0842 www.o1aisan.org July 17, 2018 Board of Directors Ojai Valley Sanitary District Ojai, CA 93023 MONTHLY FINANCIAL REPORTS The closing of the accounting records for the month of June was completed on July 13, 2018. The following charts and explanations of financial position as of the close of business on June 30, 2018 are provided for your information. TREATMENT PLANT OPERATIONS 1/) C 1.50 .!2 :il 1.00 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June Fiscal Year 17-18 - Expenses - Budget At the close of the last month in the fiscal year (June) it appears that the Treatment Plant ex penses were $17,693 below budget; however, until our accountant has finished closing the fis cal year for audit purposes the exact amount of the totals of these accounts will not be known. Also, as part of the closing of the fiscal year we will be identifying unexpended funds attributed to incomplete contracts/projects which will be presented to you to be carried over into the new fiscal year. When the final figures are known, a report will be given to you with a recommendation for the use of any surplus funds; this should occur at either your September or October meeting. 127 Board of Directors July 17, 2018 Page 2 TREATMENT PLANT CAPITAL 0.90 0.80 0.70 0.60 V, C: ~ 0.50 i 0.40 ti) 0.30 0.20 0.10 0.00 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June Fiscal Year 17-18 - Expenses - Budget The expenditures from this account during the month of June were related to the assistance from Larry Walker Associates with the renewal of the District's NPDES permit and Carollo Engi neering's work on evaluating the Ultra Violet System. There is approximately $183,233 remaining unexpended in this account at the end of June. As part of the closing of the fiscal year we will be identifying unexpended funds in this account at tributed to incomplete contracts/projects which will be presented to you to be carried over into the new fiscal year and surplus funds from contracts that completed under budget. This should occur at either your September or October meeting. /3--2 128 Board of Directors July 17, 2018 Page 3 COLLECTION SYSTEM OPERATIONS 1.60 1.40 1.20 1.00 en 0.80 ,gC: 0.60 i ~ 0.40 0.20 0.00 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June Fiscal Year 17-18 - Expenses - Budget At the close of the last month in the fiscal year (June) it appears that the Collection System ex penses were $108,089 below budget; however, until our accountant has finished closing the fis cal year for audit purposes the exact amount of the totals of these accounts will not be known. Also, as part of the closing of the fiscal year we will be identifying unexpended funds attributed to incomplete contracts/projects which will be presented to you to be carried over into the new fiscal year. When the final figures are known, a report will be given to you with a recommendation for the use of any surplus funds; this should occur at either your September or October meeting. /3-3 129 Board of Directors July 17, 2018 Page 4 COLLECTION SYSTEM CAPITAL 1.50 1.25 "'C: .!2 1.00 ~ Ill- 0.75 0.50 0.25 0.00 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June Fiscal Year 17-18 - Expenses - Budget The expenditures from this account during the month of June were design costs for the Ojai Y force main, geotechnical work to assist with the 2018 pipe bursting project and MNS Engineer ing's evaluation of the District's Mira Monte Easements. There is approximately $66,458 remaining unexpended in this account at the end of June. As part of the closing of the fiscal year we will be identifying unexpended funds in this account at tributed to incomplete contracts/projects which will be presented to you to be carried over into the new fiscal year and surplus funds from contracts that completed under budget. This should occur at either your September or October meeting. When the final figures are known, a report will be given to you with a recommendation for the use of any surplus funds; this should occur at either your September or October meeting. /3 - i 130 Board of Directors July 17, 2018 Page 5 DISTRICT MANAGEMENT OPERATIONS 2.00 1/) C: ~ 1.50 i 0.50 0.00 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June Fiscal Year 17-18 - Expenses - Budget At the close of the last month in the fiscal year (June) it appears that the District Management expenses were $248,827 below budget; however, until our accountant has finished closing the fiscal year for audit purposes the exact amount of the totals of these accounts will not be known. Also, as part of the closing of the fiscal year we will be identifying unexpended funds attributed to incomplete contracts/projects which will be presented to you to be carried over into the new fiscal year. When the final figures are known, a report will be given to you with a recommendation for the use of any surplus funds; this should occur at either your September or October meeting. 131 Board of Directors July 17, 2018 Page 6 DISTRICT MANAGEMENT CAPITAL 0.50 0.45 0.40 0.35 Ill C: 0.30 ~ 0.25 :ii: 4h 0.20 0.15 0.10 0.05 0.00 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June Fiscal Year 17-18 - Expenses - Budget The expenditures from this account during the month of June were related to the design work for the Tico Road facilities remodel and Carollo Engineers' work on the Cost of Service evalua tion. There is approximately $95,748 remaining unexpended in this account at the end of June. As part of the closing of the fiscal year we will be identifying unexpended funds in this account at tributed to incomplete contracts/projects which will be presented to you to be carried over into the new fiscal year and surplus funds from contracts that completed under budget. This should occur at either your September or October meeting. 132 Board of Directors July 17, 2018 Page 7 REVENUE COMPARISONS Interest Earned 1.000000 ~------ 0.750000 +------UJ C :!\.500000 +------ ~ i.250000 t------;:.:=::i;;;;;,:=. :::::::i,;;;;;;,;;;~ :,.,aaa-i,---17"'9 0.000000 ----~i' "" +- I C'7 ,:;::er I July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June Fiscal Year 17-18 - Actual -Budget The interest received in June included a small amount earned on the District's funds in an ac count at the local Bank of the Sierra ($38.85), interest received on the District's funds held at the County Treasurer ($4,597.12) and the interest received on the District's funds in the Morgan Stanley accounts ($19,777.08). At the end of the last month in the fiscal year it appears the interest received is $40,128 over the budgeted amount. As with the expenses, this total also could be adjusted slightly with some of the accountant's year end and audit procedures. A reconciliation of the income and expenses will be presented to you at either your September or October meeting. /3-7 133 Board of Directors July 17, 2018 Page 8 Service Charge Comparison 9.00 8.00 7.00 6.00 C/1 C: 5.00 ~ i 4.00 1,/), 3.00 2.00 1.00 0.00 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June Fiscal Year 17-18 - Actual -Budget The only service charge revenue received in June was from the direct billed accounts ($111,461.39). The next large spike in our revenue will occur in December in conjunction with the due date for the first installment on the County property tax bills for fiscal year 2018-2019. At the end of the last month in the fiscal year it appears the service charge revenue is $92,559 over the budgeted amount. This surplus is primarily from use changes and additions to numer ous accounts both with the direct billed accounts and the accounts collected via the tax roll. As with the expenses, this total also could be adjusted slightly with some of the accountant's year end and audit procedures. A reconciliation of the income and expenses will be presented to you at either your September or October meeting. 134 Board of Directors July 17, 2018 Page 9 AVAILABLE CASH BALANCE 4~------~ 3.5 - 3 - - 2.5 -- --1• ---~----- rJ) - C .Q - 2 ~ - ~ 1.5 -- -········------I------1 '· 0.5 - July August Sept Oct Nov Dec Jan Feb Mar April May June Most Recent 12 Months The balance in the available cash at the end of June is typical for this point in the fiscal year. Generally, this balance will continue to decline and will not experience another revenue spike until December. The balances of the restricted reserves are: Value as of June 30, 2018 DEFERRED COMPENSATION $1,858,476.31 CONTINGENCY & STABILIZATION FUND $1,176,218.15 COLLECTION SYSTEM REPLACEMENT RESERVE 1,635,602.48 C/S LOCAL SEWER CAPACITY RESERVE 1,404,195.85 C/S TRUNK SEWER CAPACITY RESERVE 224,622.10 EQUIPMENT REPLACEMENT RESERVE 2,155,601.50 TREATMENT PLANT EXPANSION RESERVE 1,553,716.82 VEHICLE REPLACEMENT 242,994.84 TREATMENT PLANT REPLACE RSV 10,181,037.27 BUILDING RESERVE 799,613.87 2003 BOND PAYMENT RESERVE 654,740.70 2016 DEBT ISSUE PAYMENT RESERVE 1,111,599.59 TOT AL - Reserved Cash $22,998,419.48 This does not include the amount shown in the cash available chart. **The red print identifies the reserves that are not discretionary. All of the other reserves have been established by Board action and are eligible to be modified or el iminated at the Board's discretion. /3-/ 135 Board of Directors July 17, 2018 Page 10 SUMMARY Overall the District appears to have finished the fiscal year in good financial shape. If you have any questions or need additional information, I may be reached at 646-5548. ~~~ Brenda Krout Administrative Officer Enc. APPROVED FOR JULY 23, 2018 AGENDA: JEFF PALM~ /3-/0 136 OVSD - MEMO Balance Sheet June 2018 ASSETS Current Assets TOTAL CASH PURPOSE AVAILABLE CASH 2,471,038.23 DEFERRED COMPENSATION 1,858,476.31 CONTINGENCY & STABILIZATION FUND 1,176,218.15 COLLECTION SYSTEM REPLACE RSV 1,635,602.48 C/S - CONN FEES LOCAL 1,404,195.85 C/S CONN FEES - TRUNK 224,622.10 EQUIPMENT REPLACEMENT 2,155,601.50 TREATMENT PLANT EXP ANS ION 1,553,716.82 VEHICLE REPLACEMENT 242,994.84 TREATMENT PLANT REPLACE RSV 10,181,037.27 BUILDING RESERVE 799,613.87 2003 BOND PAYMENT RESERVE 654,740.70 2016 DEBT ISSUE PAYMENT RESERVE 1,111,599.59 TOTAL TOTAL CASH PURPOSE 25,469,457.71 TOTAL Current Assets 25,469,457.71 TOTAL ASSETS 25,469,457.71 LIABILITIES Current Liabilities ALLOCATE CASH TO PURPOSE 25,469,457.71 TOTAL Current Liabilities 25,469,457.71 TOTAL LIABILITIES 25,469,457.71 CAPITAL Year-to-Date Earnings 0.00 TOTAL CAPITAL 0.00 TOTAL LIABILITIES & CAPITAL 25,469,457.71 7/16/20 18 10: 04:57 AM /3-// OVSD137- MEMO Ojai Valley Sanitary District Balance Sheet June 2018 ASSETS Current Assets OPERATING CASH CASH IN CKING- (BOS) 213,855.49 CASH IN SAVINGS (BOS) 4,223.47 CASH IN COUNTY 2,180,601.29 PETTY CASH 900.00 CASH IN MORGAN STANLEY #760 0.00 CASH IN MORGAN STANLEY #091 20,931,613.57 CASH IN LAIF 279,787.58 TOTAL OPERATING CASH 23,610,981.40 RESTRICTED CASH CASH IN DEFER-LINCOLN 69,190.61 CASH IN DEFER - VOYA 1,789,285.70 TOTAL RESTRICTED CASH 1,858,476.31 SERVICE RECEIVABLE SERVICE CHARGE REC - IN HOUSE 29,658.68 TOTAL SERVICE RECEIVABLES 29,658.68 BOND INTEREST REC. ACCRUED INTEREST - LAIF 638.21 TOTAL ACCRUED INTEREST REC. 638.21 OTHER RECEIVABLES ACCOUNTS REC - MISC 13,971.00 SDS PROGRAM RECEIVABLE 40,323.24 SDS - SYCRAMORE PROPERTIES 46,701.11 DEFERRED PAYMENT PLAN 791,104.13 TOTAL OTHER RECEIVABLES 892,099.48 DEPOSITS DEPOSIT- STATE COMP 4,075.00 TOTAL DEPOSITS 4,075.00 PREPAIDS PREP AID INSURANCE 35,706.58 PREPAID EXPENSE-A/P 38,992.62 TOTAL PREP AIDS 74,699.20 TOTAL Current Assets 26,470,628.28 Fixed Assets LAND 51,121.00 STRUCTURES&IMPROVEMENTS 836,656.35 FURNITURE/EQUIPMENT/TECHNOLOGY 1,142,588.25 COLLECTION SYSTEM 28,232,009.24 VEHICLES 1,171,307.28 LIFT STATIONS 2,984,900.69 TRUNK LINES 7,084,165.50 TREATMENT PLANT 41,036,256.86 SHOP EQUIPMENT 67,126.27 7/16/201 8 10:05:35 AM Ojai Valley138 Sanitary District CONSTRUCTION IN PROGRESS 312,107.01 ACCUMULATED DEPRECIATION (44,513,750.00) TOT AL Fixed Assets 38,404,488.45 Other Assets DEFERRED OUTFLOWS 754,542.42 TOT AL Other Assets 754,542.42 TOTAL ASSETS 65,629,659.15 LIABILITIES Current Liabilities ACCOUNTS PAYABLE ACCOUNTS PAYABLE 144,961.81 ANNEXATION DEPOSITS 22,129.04 TOTAL ACCOUNTS PAYABLE 167,090.85 PAYROLL RELATED LIABILITIES STATE TAXES W/H PAYABLE (10,784.86) VISION PAYABLE (25.32) SECTION 125 FEE PAY ABLE (10.00) SECTION 125 P/RPAYABLE 3,559.74 COBRA PAYABLE 0.50 TOTAL PAYROLL RELATED (7,259.94) ACCRUED EXPENSES ACCRUED PAYROLL 87,689.13 ACCRUED VACATION 228,841.02 ACCRUED INT- BOND 2016 65,559.84 CURRENT PORTION - 2016 500,000.00 DEFERRED COMPENSATION PAY 1,858,476.31 TOT AL ACCRUED EXPENSES 2,740,566.30 TOT AL Current Liabilities 2,900,397.21 Long-Term Liabilities ACCRUED EXPENSES NET PENSION LIABILITY 2,527,121.00 DEFERRED INFLOWS OF RESOURCES 155,935.00 2016 BOND ISSUE 7,005,000.00 PREMIUM ON 2016 BOND 937,110.49 DEFERRED LOSS ON EARLY RETIRE (470,407.87) TOT AL ACCRUED EXPENSES 10,154,758.62 TOTAL Long-Term Liabilities 10,154,758.62 TOT AL LIABILITIES 13,055,155.83 CAPITAL EQUITY RETAINED EARNINGS -DONATED 2,629,088.00 RETAINED EARNINGS- CONN CTN FEE 4,834,608.30 TOTAL TOTAL EQUITY 7,463,696.30 RETAINED EARNINGS 44,028,417.71 Year-to-Date Earnings 1,082,389.31 TOT AL CAPITAL 52,574,503.32 7/16/20 18 10:05:35 AM Ojai Valley139 Sanitary District TOTAL LIABILITIES & CAPITAL 65,629,659.15 7/ 16/2018 10:05:35 AM Ojai Valley140 Sanitmy District OJAI VALLEY SANITARY DISTRICT A Public Agency 1072 Tico Road, Ojai, California 93023 (805) 646-5548 • FAX (805) 640-0842 www.o1a1san.org July 18, 2018 Board of Directors Ojai Valley Sanitary District Ojai, CA 93023 INVESTMENT REPORT - QUARTERLY California Government Code 53646(b) and the District's investment policy require an in vestment report be presented to you on a quarterly basis. Attached for your information is the Investment Report for the Quarter ending on June 30, 2018. This Investment Report only covers the District's Investments with Morgan Stanley, which are invested in accordance with the District's Investment Policy. These Invest ments are in a Custom Account at Morgan Stanley. The Custom Account is managed (by Sage Advisory) and includes corporate bonds, US Government, and US Agency bonds. This account is invested in issues tied to the Dis trict's investment goals over time for projects in the Collection System and Treatment Plant. This account has a management fee which is deducted from the account balance and is reflected in all calculations and comparisons. Other District funds are in banks or other Agencies and are invested in accordance with their policies. The attached report is a summary from Sage of the District's investment activity and re turns for the quarter; the full quarterly statements are available in the District office. The report indicates the District's return for the past 12-month period was equal to a negative 0.18 percent, the return since inception of this managed account is equal to a positive 2 .17 percent. I7t:=:IJ1 Jl/--1 141 Board of Directors July 18, 2018 Page 2 The balance in all District Bank accounts as of June 30, 2018: Morgan Stanley Bank N.A.# $779,865.82 Morgan Stanley Private Bank NA # $245,056.29 Bank of The Sierra - Savings $4,223.47 Bank of The Sierra -Checking $213,855.49 Ventura County $2, 180,601.29 LAIF $279,787.58 The market value of the funds in the managed account at Morgan Stanley as of the June 30, 2018 was $20,932,066.20. At this time with the funds available in the Bank of The Sierra accounts, $200,000 a month coming from Morgan Stanley and regular monthly income of about $110,000 from the direct billed accounts, there are sufficient funds for the District's cash needs for the next six months. If you have any comments or questions on this information report, please contact me at 646-5548. Jeff Palmer General Manager Enc. !'l-2- \\OVSD-ARCH IVE 1\My Do cum ents\Board Mtgs\2018\07-23-2018\investment report-Quarterly.docx 142 Portfolio Summary 00OJAI SAGE OJAI VALLEY SAN ITARY DISTRICT INVEST WITH WISDOM 06/30/2018 Profile Statement of Changes Entity Name OJAI VALLEY SANITARY DISTRICT Beginning Market Value $19,627,762.32, Benchmark ML Government/Corporate 1-5 Year A Contributions $1,500,072.53 1 Style TMODGC Withdrawals -$200' 187.401 Inception Date 09I0?J2008 Income $30,371.621 Market Value $20,932,066.20 Change in Market Value -$25,952.871 Ending Market Value $20,932,066.20 %of Jop 1O Holdings CUSIP 1;:ategory Assets M~r~et Vaiu~ Fixed Income Allocation T 1 7/8 01/31/22 912828V72 'Treasury 15.30 $3,201,768.80 T 2 1/8 01/31/21 912828B58 'Treasury 11.55 $2,417,603.48 T 1 08/15/18 912828K82 ,Treasury 9.60 $2,010,400.00 T 0 3/4 02/15/19 ·912828P53 Treasury 8.26 $1,729,134.01 T 1 1/8 09/30/21 912828T34 Treasury 5.54 $1,160,099.99 D Treasury 66.17% D Corporate 24.91 % 1T 1 3/8 08/31/20 912828L32 Treasury 5.09 $1,064,990.46 D Mortgage 7.08% 'T 1 3/8 05/31/21 912828R77 Treasury 3.10 $649,288.87 D Agency 1.84% 'TII 0 1/8 04/15/20 912828K33 Treasury 2.50 $524,082.86 T 2 1/2 03/31/23 9128284D9 Treasury 1.98 $415,450.49 FN MA3155 31418CQH0 Mortgage 1.53 $319,655.25 Allocation values exclude cash. 143 Portfolio Characteristics 00OJAI SAGE OJAI VALLEY SANITARY DISTRICT INVEST WITH WISDOM 06/30/2018 Profile Fixed Income Characteristics Entity Name OJAI VALLEY SANITARY DISTRICT Avg Coupon 1.86%, Benchmark ML Government/Corporate 1-5 Year A, Avg Yield to Worst 2.53%'. Style TMODGC Avg Effective Duration 2.16 Yrs, Inception Date 09/02/2008 Avg Life 2.31 Yrs! Market Value $20,932,066.20 Avg Quality Rating Aa By Quality By Coupon By Maturity By Effective Duration I I I I I I I - l I I I I I Years Aaa 0Ver7% 0-2Years 0-2 I I I I I I I I I - I I I 2-4 Years 2-4 Years Aa 5-7% - 4-6Years 4-6 Years A 3-5 'Yo - - 6-8 Years 6-8Years Baa 1-3 % I I 8-10 Years 8-10Years - l I <=Ba 0-1 % Over 10 Years OVer 10 Years - NR Other Other Other I - I I I I I I I I I I I I I I 0 10 20 30 40 50 60 70 80 O 10 20 30 40 50 60 70 0 10 20 30 40 50 60 0 10 20 30 40 50 60 70 lo Percent of Fund I t:J PercentofFund j lo Percent of Fund I lo Percent of Fund I 144 Relative Performance Summary 00OJAI SAGE OJAI VALLEYSAN IT ARY DISTRICT INVEST WITH WISDOM 06/30/2018 Inception Date: 09/02/2008 Primary Benchmark:ML Govt-Corp1-5 Yr A (BVlD) BaseCurrency: us Dollar 2.5 ------ -0.5 ------Month to Date Quarter to Date Year to Date 1 Year 3 Years (Ann.) 5 Years (Ann.I 10 Years (Ann.) Since Inception (Ann.) • Account Return 0.00 0.21 -0.29 -0.18 0.72 1.04 2.17 ML Govt-Corp 1-5 Yr A (BVl0I -0.02 0.17 -0.28 -0.22 0.72 1.03 1.97 Performance ns11/ts preaented herein are gross offees, but net of all transaction coSls. 145 THIS PAGE LEFT BLANK INTENTIONALLY 146 OJAI VALLEY SANITARY DISTRICT A Public Agency 1072 Tico Road, Ojai, California 93023 (805) 646-5548 • FAX (805) 640-0842 www .oJmsan.org July 18, 2018 Board of Directors Ojai Valley Sanitary District Ojai, CA 93023 STAFF REPORTS - OPERATION, ADMINISTRATION AND MANAGEMENT OF THE DISTRICT The following reports are presented for your information: Operations Report - Collection System & Treatment Plant Administrative Officer's Report Seminar, Conference, Workshop participation schedule Calendars If you have comments or ciuestions, please contact me. ~~~ Brenda Krout Administrative Officer Enc. APPROVED FOR JULY 23, 2018 AGENDA: JEFF~NERALMANAGER \\OVSD-ARCHIVE1\My Documents\Board Mtgs\2018\07-23-2018\Staff Reports.docx 147 OPERATIONS REPORT July 16, 2018 COLLECTION SYSTEM 1. Operations & Maintenance This report covers the Collection System activities for the month of June 2018. During this time the CS crew performed; Line Cleaning in Basins; 801, 4,655 feet on line. 803, 22,524 feet of line. 804, 11,480 feet of line. CCTV in Basins; A10, 6,660 feet of line. CO1, 4,390 feet of line. CO4, 2,789 feet of line. The CS Crew assisted Travis with several lateral launches for the PSL program. There were no lines cleaned as Enhanced Maintenance areas during June. In addition to the Line Cleaning and CCTV this month; • Assisted Treatment Plant with Palfinger Crane support, installing pumps and piping . • Assisted Treatment plant with washdown and vacuum truck services . • The trees planted in the burn area adjacent to the Treatment Plant fence have been deep watered every week using the Water Truck and Plant Utility Water. • Assisted Treatment Plant Lab with river sampling . • Pigged the Orchard Force Main to control H2S and remove debris from piping to increase efficiency. • The impellers and wear plates of both pumps at Orchard Lift Station where replaced and adjusted. In addition, pump casings and check valves were cleaned of all ragging and debris. The Collections Crew continues to perform the weekly maintenance activities to include maintaining ICOM 3 the computerized maintenance management system, maintenance activities associated with the weekly and monthly lift station inspections, weekly and monthly vehicle and equipment preventative maintenance activities. Flow data continues to be received via the wireless communications. Project Manager, Liz Dubrin, was employed with; • Bid Openings for Sewer Main rehabilitation 2018. • Bid Opening for Manhole rehabilitation 2018. • Bid Opening for Pipe Bursting project 2018. • In support of the bursting project a section of Beasant Meadow sewer line was potholed by Oakridge Geoscience. • Finished up the emergency repair in front of McDonalds started in May. • Dig up and repair on Mercer to obtain a section of lined pipe for evaluation of degradation. • Coordinated with Kier Wright regarding "Boku" site improvements. /!J-Z. 148 During June Liz has also conducted advanced planning and research for future projects; • Liz continues to assist architects (Main Street Arch) with the garage renovations at 1072 Tico Rd and structures at the Treatment Plant (Rasmussen) another set of redlined plans were returned to the planners for corrections. • At the WWTP the remainder of last season's excess compost was hauled off. Liz also tracks and mark all USA's that are received from Dig Alert for the District. Liz also assists in monitoring and assessing flow meter data and meter performance. Inspector, Travis Fisher, continues his work with the lateral program performing inspections, reviewing videos, and working with the homeowners, plumbers, and realtors on the necessary repairs. During June Travis had (28) PSL inspections, (12) repair inspections, performed (1) FOG grease trap inspection and inspected all car service stations. As previously noted the number of inspections and repairs in any given month provides a good indication that the PSL program is having a positive impact on reducing private property SSO's and l&I reduction. When not performing PSL inspections Travis assists Laurie with second unit inspections, in addition to assisting Jim and Liz with the mainline rehabilitation projects. He continues to be available to assist the Collection System and is in the Stand By rotation. In addition to his normal Lateral Program inspection Travis worked on; • Pre-Treatment inspections with Riley from the Treatment Plant. o Travis has been working with Bradshaw and Riley on and finalizing the language in the Industrial Wastewater Discharge Permit tailored to dischargers like Wineries, Distilleries and Soap manufacturers. o Performed 152 USA markings. • Assisted with the MNS project along with Liz. • Assisted Jeff Palmer with Retired Men's Club presentation on sealing sewer systems. 2. Callouts There were No callouts reported during the month of June; 3. l&I Efforts & Rehabilitation Projects Flow metering is an ongoing process to prepare a baseline for the wet weather season and eventual assessment of increased flows. Meters require daily monitoring, coordinating repairs and battery change outs. We have eliminated US3 as one of our venders as we strive to improve our accuracy and performance norms. 4. Outside Contractor Activities MNS continues their easement evaluations, waiting final assessment. Mark Chauvel Collection System Supervisor \\OVSD-ARCHIVE1\My Documents\Board Mtgs\2018\07-23-2018\Ops Report.docx 149 July 18, 2018 TREATMENT PLANT 1. Operations The treatment plant is operating well meeting all permit requirements in June. The Plant's NPDES permit renewal application has been completed by Larry Walker Associates and electronically submitted to the Regional Board as required. Finished compost (520 Yards) from last season was hauled to the Gramckow Ranch as amendment for their hay fields. Three of the nine windrows made up so far this season are complete and plenty of finished compost is available for distribution. The Ventura County Environmental Health Department conducted a quarterly inspection of the composting operations and noted no violations or areas of concern. 2. Callouts There were no treatment plant call outs in June. 3. Plant Effluent Flow Data for the Month of June 2018 Total Flow 44.3 mg Average Daily Flow 1.48 mgd Percent of Design Flow 49 % Rainfall Recorded at TP 0.0 inches 4. Facility Maintenance Activities HACH Company serviced the plant's HACH process monitoring equipment. Chemical tank level sensors were installed on the chemical tanks and level readings are now indicated on the SCADA monitoring system. Multi W Systems completed the replacement of the equalization basin's dewatering pump to Include a control panel with variable pump speed capability. Channel Islands Electric provided oversight and assisted with the panel installation and electrical work. McCarthy Concrete completed a few minor concrete and grout repairs in the plant and composting area. The Fine Screen influent rag removal unit failed (Rake Comb Hung Up) and was subsequently realigned and repaired by Frost Company. Replacement options are being evaluated for this unit due to age and condition. \ \OVSD-ARCH IVE 1\My Documents\Board Mtgs\2018\07-23-2018\Ops Report.docx 150 5. Laboratory David Harter participated in a River Bio Assessment sampling event with the Ventura County Watershed Protection District and is scheduled to assist with another event in July. 6. TP Performance Report 2018-2019 Year to Date Date of Last Occurrence's Occurrence Treatment Plant Effluent Violations 5 February 2018 Bradshaw Pruitt Treatment Plant Supervisor \\OVSD-ARCHIVE1\My Documents\Board Mtgs\2018\07-23-2018\Ops Report.docx 151 THIS PAGE LEFT BLANK INTENTIONALLY 152 Ojai Meiners Oaks Live Oak Acres Legend: - Basin Size, acres Figure 2-3 Ojai Valley Sanitary District Basin Boundaries Wastewater D ( Treatment Plant 003 ~ 84.8 N I o 1000 2000 :11100 - eooo --- - - 153 THIS PAGE INTENTIONALLY LEFT BLANK 154 July 18, 2018 ADMINISTRATIVE OFFICER'S REPORT 1. FINANCIAL STATUS th The District's accountant closed the books for June on July 13 ; the financial graphs depicting the District's financial status as of June 30, 2018 appear elsewhere on the agenda. 2. UNPERMITTED CONNECTION PROGRESS Staff continues to send out 'Notice of Alleged Violation & Request For Site Inspection' notices on a quarterly basis. Following is an accounting of the activity since staff began the implementation of the Unpermitted Connection Ordinance: • 488 Alleged Violations sent • 469 Resolved • 14 Pending Status • 3 Pending Warrants • 2 Post Warrant - Pending Staff's activity has slowed somewhat following the implementation of the moratorium on permitting second units/ADUs; however, staff is still documenting any information they come across and holding it until the moratorium is lifted. 3. PRIVATE LATERAL INSPECTION PROGRAM The program continues to maintain a steady level of activity. Since the start of the program in 2015, we have completed 910 PSL inspections; 175 of those have occurred since January 1, 2018. PSL inspections continue to primarily be triggered by a transfer of property ownership (sells) with a few triggered by lateral repairs. 4. TAX ROLL SPECIAL ASSESSMENT All of the necessary public notice and hearing requirements were satisfied at your June meeting and the electronic file containing Exhibits A & B were submitted to the County on July 5, 2018 for inclusion on the 2018-19 property tax roll. In the next couple of weeks, we will be receiving the "fall out list" from the County. This list contains assessor parcel numbers (APN) that we submitted which don't match the County's records. This list is usually properties that have had some kind of change to the property lines resulting in the County Assessor's office issuing a new APN. Last year there were only a few on this list. Once the list is received then Laurie corrects our records with the changes and then the corrected information is submitted to the County. The deadline for the final correction submittal is usually around the second week in August. /5-7 155 Administrative Officer's Report July 18, 2018 Page 2 5. SAFETY The District Joint Safety Officer, Jan Deering, retired July 1, 2015 and now provides her services to the three member agencies on a part-time contract basis. Since her retirement, Jan has chosen to take the summers off; she will return in September. Jan has all the agencies safety programs up and running and so her part-time availability is adequate to keep all of our programs current. 6. DISTRICT GENERAL ELECTION OF NOVEMBER 81 2016 District Divisions 2, 4 & 6 face election this year in the General Election being held November 6, 2018. July 16, 2018 was the first day candidacy/nomination papers could be picked up from the County Clerk Recorder/Registrar of Voters office or the District office. These papers must then be filed with the County Clerk Recorder/Registrar of Voters on or before August 10, 2018. If an incumbent in a Division facing election does not file by August 10, 2018, then the candidacy/nomination period for that Division is extended to August 15, 2018. 7. PERSONNEL Typical for this time of year, the office has been operating with minimal staffing at times due to employees' summer vacations etc. 8. "IT" MONTHLY ACTIVITIES The following is a report from Jan Steenberg on his activities during the past month: The 3-replacement desktop PC's were configured for use and all the appropriate software was installed (Brenda, Mark and Laurie). They are all fully functional and in use. There was a problem with activating renewal licenses for Symantec SEP. After a call to tech support they re-issued the license files. They were imported, and SEP is fully functional. The replacement VPN appliance was installed and configured for use. There was a problem connecting to the network via VPN after the switchover. The first time a device connected it worked fine but after that it didn't. After some troubleshooting it turned out to be SSL certificate issue. The old appliance didn't require an SSL certificate but the new one did. Once a new SSL certificate was put in place the remote connections could be established as expected. It was tested, and treatment plant and collection system staff had full VPN access to the SCADA system again. Google has made some changes in how they distribute their maps and map services. They used to be free, but they are changing that. Our GIS system uses \\OVSD-ARCHIVE1\My Documents\Board Mtgs\2018\07-23-2018\AdminReport.docx /~-B 156 Administrative Officer's Report July 18, 2018 Page 3 google maps for orientation and is one of the layers. I'm currently investigating what our options are going forward. Work continues on our Customer Service Database. The new application will be moved to our local server within the next few weeks so that our users can really test it. Once fully tested it will be put into our "live" environment We have had a few more meetings with Sean from Websoft Developers Inc. regarding the Mobile MSS software. He has produced treatment plant rounds sheets for area 1 & 2 and a daily check sheet. The crew has been using the software and are finetuning the forms. This will eliminate the paper round sheets that are currently being used. Work continues on the replacement SCADA servers. The Historian is still not fully configured and running properly but we continue to make progress. The ActiveX objects we use of many of the trends screens are not working correctly and need to get rebuilt. Rockwell has been notified of the issue and is working on a resolution. Sage released a new service pack for Business Works ( our financial software). The patch was deployed without any issues and the software is working as expected. th th I will be on vacation from July 6 through July 20 · 9. DISTRICT'S INJURIES/ILLNESSES RECORD 2017/2018 2017/2018 Year to Date Year to Date Total Number Total Number Department of Accidents to Date of Work Days Lost Administration O 0 Collection System O 0 Treatment Plant______O______O____ _ TOTALS O 0 As of the date of this report, it has been 764 calendar days since a work-related injury/illness has occurred at the District, and 764 calendar days since a lost-time work related injury/illness. Brenda Krout Administrative Officer /s-9 \\OVSD-ARCHIVE 1\My Documents\Board Mtgs\2018\07-23-2018\AdminReport.docx 157 OJAI VALLEY SANITARY DISTRICT EMPLOYEES/DIRECTORS SEMl NARS/ CONFERENCES/WORKSHOP /WEBI NARS ATTENDANCE SCHEDULE July 17, 2018 Employees/Directors Event Spenser Topics Covered Event Location Attending Grades IV/V Wastewater 8/6-10/2018 WWTT Opertor Certification & Elk Grove R. Reed Math Review 9/25-27/2018 TRI STATE SEMINAR Classes on Lateral Solutions, LAS VEGAS T. Fisher CalPERS Retirement & Heath 10/22-24/2018 CalPERS Education Forum Benefit Accounting & Indian Wells, CA L. Rosenblum Reporting Systems California Public Public Sector Labor Law 12/4-7 /18 Employers Labor Monterey, CA B. Krout Updates Relations Association \ \OVSD-ARCH IVE 1\My Documents\Seminars\2018 July - Seminar & CASA.xlsx 158 /S--/0 OJAI VALLEY SANITARY DISTRICT CASA July 17, 2018 ATTENDANCE SCHEDULE DATE EVENT LOCATION DIRECTORS/EMPLOYEES ATTENDING 8/6-10/2018 CASA Monterey, CA J. Burg, W. Ulrich, B. Krout, 159 \\OVSD-ARCHIVEl\My Documents\Seminars\2018 July- Seminar & CASA.xlsx July 2018 Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 Holiday 5 6 7 Independence Day * * * * - 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Regular 24 25 26 27 28 Board Meeting ; i ~ ' 29 30 31 1------ 160 /s--12- August 201 8 Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 9 10 11 r -- CASA - Monterey - C --- 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Regular Board Meeting --..~ .... ·; -.,,)<"~~ ~· /s--13 161 September 2018 Sun Mon Tue Wed Thu Fri Sat 1 2 3 Labor Day 4 5 6 7 8 Holiday ~ · SlilJr I 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23/30 24 Regular 25 26 27 28 29 Board Meeting •' ,6 .... -- /S--/1/ --- 162 OJAI VALLEY SANITARY DISTRICT A Public Agency 1072 Tico Road, Ojai, California 93023 (805) 646-5548 • FAX (805) 640-0842 www.o1a1san.org MINUTES OF THE ORDINANCE/PUBLIC RELATIONS/NEWSLETTER COMMITTEE The Ordinance/Public Relations/Newsletter Committee held a meeting at the District Office, 1072 Tico Road on June 20, 2018 beginning at 9:30 a.m. COMMITTEE MEMBERS PRESENT: John R. Curtis Russ Baggerly William Stone, Chairman COMMITTEE MEMBERS ABSENT: None STAFF PRESENT: Jeff Palmer, General Manager Brenda Krout, Administrative Officer Richard Nack, Operations Manager OTHERS PRESENT: Robert N. Kwong, District Legal Counsel 2. Public Comment - (Items not on the agenda - 3 minute limit) Chairman Stone read a comment card from Janelle Clark expressing her need to pro vide a living space for her elderly mother by either building an Accessory Dwelling Unit or adding on to her house. ITEMS FOR COMMITTEE CONSIDERATION, DISCUSSION & POSSIBLE RECOMMENDATION TO THE BOARD OF DIRECTORS 3. Review of Laws & Legal Provisions Related to ADU laws Mr. Palmer reviewed the current and proposed State laws addressing Accessory Dwelling Units (ADUs) and the need to make revisions to the District's existing Code to comply with the portions of these laws that apply to the District. Mr. Palmer reported that staff and District Legal Counsel, Mr. Kwong, have been working on a draft ordi nance revision and plan on having a final draft completed and ready to present to the Committee for review in a few weeks. Mr. Palmer explained that the purpose of this meeting is to address any questions and/or comments the Committee may have prior to completing the draft revisions. I7EM lb-/ 163 Ordinance/Public Relations/Newsletter Committee - Minutes June 20, 2018 Page 2 Mr. Palmer and Mr. Kwong reviewed the history of State housing laws from the 1960's up to the new laws addressing ADUs, explaining that the ADU laws came about to ad dress the statewide housing crisis. Most of the State housing laws address zoning and land use issues but the recent ADU laws include capacity fees for sewer. Based on these ADU laws some ADUs will be subject to capacity fees and some will not but all of them will be required to pay monthly sewer service charges. Mr. Palmer explained that there are still four legal questions that need to be consid ered in developing the revisions to the District's code: 1. How does Prop. 218 and the State Constitution relate to the recent hous ing laws and what takes precedence in regards to each property paying their fair share vs. ADU laws that make certain units exempt from capaci ty charges? 2. What are the differences between the proposed Type 1, Type II and Type Ill ADU's? And, when is an ADU structure considered "existing"? 3. How does the "owner occupied" term impact ADU approvals? 4. Which types of ADU's and under what conditions (existing, owner occu- pied, etc.) are capacity charges waived? Mr. Palmer discussed the District's responsibility to service its ratepayers; acknowledg ing that the ratepayers are a diverse group consisting of mobile homes, typical subdi vision homes, large homes, etc. Another diversity among the ratepayers is their eco nomic ability to pay or not pay. Mr. Palmer noted that the District is governed by State laws, which now seem to be in conflict. Mr. Palmer reviewed the methods the District has used over the years to fund capital improvement projects from pay-as-you-go to borrowing money through the sell of bonds. The first large debt issue for the District was in 1993, since that time there have been several other debt issues, many of which have been paid off; the District's remaining debt is one bond issue with a balance of $8.5 million which is scheduled to be paid off in 2037. From the 1993 to present the District has paid approximately $31 million in interest on these debts. That is why the Board has a policy direction to pay as-you-go to avoid increased project cost due to interest. Mr. Palmer reviewed future costs the District is facing including an upgrade of the Treatment Plant to meet stricter discharge requirements, estimating these cost to be over $15 million. There are also numerous repair/maintenance costs in the collection system, as a good part of the system is close to 100 years old. Mr. Palmer noted that the question is where does the funds to cover these future costs come from, do some ratepayers pay more to subsides the ones who are not required to pay? Mr. Palmer explained that to be able to continue funding the projects needed to meet the regulatory requirements, there will need to be a 2 percent rate increase for all ratepayers for every 11 ADUs whose fees are waived. Bob Daddi, Ojai resident, addressed the Board sharing his opinion of the ADU issue and how he feels it will affect the City of Ojai and the District. Mr. Daddi stated his opinion that the concentration of sewerage strength because of the lower flows in the \\OVSD-ARCHIVE1\My Documents\Committee Meetings\Ordinance Public Relations Newsletter\2018\06-20-2018\minutes.doc~ -2- 164 Ordinance/Public Relations/Newsletter Committee - Minutes June 20, 2018 Page 3 sewer system due to water conservation efforts in the community, will be a much larg er issue for the District than the addition of ADUs in the community. Various aspects of the draft ordinance revision were discussed, including the issuance of a conditional letter to the ADUs that receive a capacity fee waiver. Mr. Palmer and Mr. Kwong responded to questions from the Committee about the draft ordinance. It was agreed a final draft ordinance will be presented to the Committee with the next 3 to 4 weeks. 4. Reports a. Committee Members pursuant to Government Code §54954.2 None b. General Manager on District Activities related to this Board Committee. None The Ordinance/Public Relations/Newsletter Committee Meeting adjourned at 11 :05 a.m. Minutes submitted by Brenda Krout, Clerk of the Board. \\OVSD-ARCHIVE1\My Documents\Committee Meetings\Ordinance Public Relations Newsletter\2018\06-20-2018\minutes.doc/ b -3 165 THIS PAGE LEFT BLANK INTENTIONALLY 166 OJAI VALLEY SANITARY DISTRICT A Public Agency 1072 Tico Road, Ojai, California 93023 (805) 646-5 548 • FAX (805) 640-0842 WWW .OjaISan.org July 19, 2018 ITEMS OF INTEREST/CORRESPONDENCE/ARTICLES • See attached email dated July 17, 2018 -Topic: Tiny Homes \\OVSD-ARCHIVE1\My Documents\Board Mtgs\2018\07-23-2018\ltems of lnt.docx 167 From: Jeff Palmer Sent: Tuesday, July 17, 2018 12:09 PM To: 'Bob Daddi' Bob, For purposes of our Code, Section 101.10 Definitions, a Tiny Home meets the definition of a "Recreational Vehicle: A motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation or recreational emergency, or other occupancy, meeting the District's criteria for a Single Dwelling Unit." Under the definition of a Single Dwelling Unit, part c, Section 101.10 " .... any trailer, boat, motor home or other Recreational vehicle either permanently or for temporary period exceeding thirty (30) days, may be deemed subject to all District regulations applicable to a Single Dwelling Unit." Therefore, a tiny home, in accordance with District Code, would be assessed a one-time Sewer Capacity Charge and then on-going monthly sewer service charges. Charges will be assessed in accordance with Section 301, Capacity Charges, and Section 302, Sewer Service Charges. Composting toilets are subject to Environmental Health regulations. It is my understanding that permitting a composting toilet requires EHD approval, AND EHD must ask for a waiver and permission from the LA Regional Water Quality Control Board to issue permits for composting toilets. EHD has not requested a waiver from the LARWQCB and does not anticipate even asking for a waiver or permission to issue permits for composting toilets. In either case, any connection from a tiny home, whether the tiny home has a composting toilet or an rv toilet, dump tanks, showers, sinks, etc. any sewer connection to the OVSD system will trigger payment of fees, both capacity charges and monthly sewer service charges. There are no OVSD waivers or reductions or special consideration because a trailer is called a tiny home vs. a RV, nor are there any waivers or reductions or special considerations for connecting composting toilets to the sanitary sewer system. Nor does it appear that composting toilets are legal under EHD and LARWQCB regulations in the Ventura River Watershed. Jeff Palmer, P.E. General Manager Ojai Valley Sanitary District Jeff.palmer@oja isa"· n .org (805 646-5548 office From: Bob Daddi Under what conditions will Tiny Homes incur Sanitation Charges. Under what conditions will they be allowed to have self-contained compostihg toilets. What about other food waste. What control does Environmental Health have on this issue. /g -Z 168