Minutes - Board - 2008-02-28•
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
FEBRUARY 28, 2008
CALL TO ORDER The Board of Directors of the Costa Mesa
Sanitary District met in regular session on
February 28, 2008, at 5:30 p.m. at 628 W.
19th Street, Costa Mesa.
PLEDGE OF ALLEGIANCE
INVOCATION
ROLL CALL DIRECTORS PRESENT:
DIRECTORS ABSENT:
STAFF PRESENT:
OTHERS PRESENT
President Perry called the meeting to
order at 5:30 p.m.
Director Ferryman led the Pledge of
Allegiance.
Mr. Fauth gave the invocation.
Art Perry, Arlene Schafer, Gary
Monahan, James Ferryman
Bob Ooten, absent and excused
Robin B. Hamers, Manager /District
Engineer; Alan Burns, Legal Counsel;
Tom Fauth, Assistant Manager; Joan
Revak, Board Secretary/Program
Manager /Clerk of the District; Marc Davis,
Treasurer; Sherry Kallab, Management
Analyst; Karl Dulake, Maintenance
Supervisor; Denise Gilbert, Public
Outreach Coordinator; Ron Shef,
Ordinance Enforcement Officer
Mr. Dan Worthington, 2963 Mindanao,
Costa Mesa
Ms. Gina Keuilian, 1079 Visalia Drive,
Costa Mesa
Mr. Jim Kolk, 501 Parkcenter, Santa Ana
Mr. Steve Welch, 3030 Harbor Boulevard,
Costa Mesa
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
FEBRUARY 28, 2008
PAGE 2
. ............................... CONSENT CALENDAR . ...............................
Director Schafer motioned to approve the Consent Calendar as presented. Director
Ferryman seconded. Motion carried 3 -0 (Director Monahan not yet in attendance.)
REPORTS
MINUTE APPROVAL
Minutes of Sewer The Minutes of the Sewer System Committee
System Committee Meeting of January 16, 2008, were approved as
Meeting —
January 16, 2008 distributed.
Minutes of Recycling The Minutes of the Recycling Committee Meeting
Committee Meeting — of January 22, 2008, were approved as
January 22, 2008 distributed.
Minutes of Regular
Meeting —
The Minutes of the Regular Meeting of January
January 24, 2008
24, 2008, were approved as distributed.
Minutes of the
The Minutes of the City /Districts Liaison Committee
City /Districts Liaison
of January 25, 2008, were approved as distributed.
Committee Meeting —
January 25, 2008
MANAGER'S REPORTS
REFUNDS There were no refunds for the month of January
2008.
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
FEBRUARY 28, 2008
PAGE 3
Occupancy Report and The Trash Occupancy Count documented a
Payment of $196,145.28 decrease of 3 units for the occupancy report for
to Costa Mesa Disposal — solid waste collection as of February 1, 2008.
February 2008 Therefore, the total for February is 21,424.
Monthly Spill Report to
State Water Resources
Control Board
ENGINEER'S REPORTS
Project Status Report
TREASURER'S REPORTS
Board directed Staff to prepare a warrant for
$196,145.28 for February 2008 collection based on
occupancy report. Said payment in the amount of
$196,145.28 to Costa Mesa Disposal to be ratified
on the March 2008 warrant register.
The Monthly Spill Report to the State Water
Resources Control Board (SWRCB) for January
2008 was accepted as submitted.
The Project Status Report dated February 2008
was accepted as submitted.
Financial Report as of The Financial Report as of January 31, 2008 was
January 31, 2008 accepted as submitted.
Treasurer's Report as of The Treasurer's Report as of January 31, 2008
January 31, 2008 was accepted as submitted.
Warrant 2008 -08 for Warrant Resolution #CMSD 2008 -08 was
January 2008 in the approved, authorizing the President and Secretary
amount of $996,316.98 to sign the warrant ratifying the payment of certain
claims and demands, and specifying the funds out
of which the same were paid in the amount of
$996,316.98.
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
FEBRUARY 28, 2008
PAGE 4
Directors Expenses for the Director Compensation and Expense
Month of January 2008 Reimbursements for the Month of January 2008
were approved and ratified as follows:
Director Ferryman: $663.00
President Perry: $1,105.00
Vice President Schafer: $1,326.00 + 210.08
Director Ooten: $1326.00 + 10.10
Director Monahan: $663.00
.....•• ................... END OF CONSENT CALENDAR .........................
WRITTEN COMMUNICATION
Ms. Revak reported receiving a thank you letter from Brownie Troop 226 for the
presentation on recycling programs.
Ms. Revak reported the District received a letter from St. Joachim's school thanking the
. District for their award from participation in the Telephone Book Recycling Program.
Ms. Revak reported receipt of a letter from the Orange County Fair and Event Center
thanking Mr. Karl Dulake for his participation in 2008 Maintenance Mania.
Ms. Revak reported receipt of a letter from Ms. Stacy deBoom, Principal, Paularino
Elementary School, dated February 14, 2008, thanking the District for their award from
participation in the Telephone Book Recycling Program.
PUBLIC COMMENTS
There were no comments made.
MANAGER'S REPORTS
PRIVATE PROPERTY SEWER SPILL AT 3030 HARBOR BLVD.
Mr. Burns provided a brief introduction of the private property sewer spill at 3030
Harbor Blvd occurring on October 5, 2007 and October 6, 2007.
Mr. Burns provided an overview of the informal hearing procedures.
• President Perry requested to hear from Staff.
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
FEBRUARY 28, 2008
PAGE 5
Mr. Hamers introduced Mr. Fauth, Assistant Manager; Mr. Dulake, Maintenance
Supervisor; and Mr. Kolk, FOG Control Inspector, to Mr. Welch, describing their job
functions with the Costa Mesa Sanitary District and how they will participate in the
hearing.
Mr. Fauth provided an overview of the documentation provided in the Board packet
and sent to the property owners. Mr. Fauth reported two spills occurred at 3030
Harbor Boulevard, one on October 5, 2007 and one on October 6, 2007.
Mr. Fauth stated the two spills occurred as a result of a grease - blocked lateral line
leading from a grease interceptor for Wingnuts and Daphne's. The District, the City
of Costa Mesa and C &R Drains were on site to clean the lateral and contain the
SSO from entering the storm drain on Harbor Boulevard, and successfully did so.
While the cleanup effort was on- going, the District made efforts to contact the
responsible party for the grease interceptor. Mr. Benny Ang Gandana arrived on site
but did not have any line cleaning equipment. C &R Drains cleaned large grease
logs from the lateral line and reported to the District the. sizable logs of grease that
were moved down into the District's main line. Mr. Fauth referred to a series of
photographs posted on the wall and numbered for reference.
• Mr. Fauth referenced the photographs taken the day of the sewer spills by Mr. Karl
Dulake, Maintenance Supervisor. Mr. Fauth described photo Number 1, a picture of
Harbor Boulevard. Photo Number 2 shows the spill as it was leaving the clean out
and going into the street, then traveling down toward the storm drain. Photo Number
3 is a photo of the grease covered grease interceptor with the cover removed.
Photo Number 4 is a photo of a cleanout on the property with water bubbling up from
the pick hole. Mr. Fauth pointed to photograph Number 5 and stated it was a closer
view of the wastewater draining toward the storm drain. Mr. Fauth pointed to photo
Number 7, stating the standard procedure is to block the storm drain to prevent any
environmental impact from raw sewage entering the storm drain.
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
FEBRUARY 28, 2008
PAGE 6
Mr. Fauth showed photos 8 and 9, depicting the spill in the street.
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Mr. Fauth stated there were two spills at the same location, the first one totaling 570
gallons and the second spill on the next day totaling 420 gallons.
Mr. Fauth stated the reason the spills occurred is poor maintenance of the grease
interceptor. Mr. Fauth reported the grease was flowing out and into the lateral line
because the interceptor was so full. Mr. Fauth stated every food service
establishment in the District has been given detailed compliance standards to make
sure sewer systems do not overflow.
Mr. Fauth reported the second event on October 6, 2007 occurred because the
interceptor was not cleaned out after the first spill. Mr. Fauth stated Mr. Benny Ang
Gandana thought he could wait until the following week to address the cleaning and
he was informed that was not acceptable and was warned on October 5, 2007, that
an additional spill could occur.
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
FEBRUARY 28, 2008
PAGE 7
Mr. Fauth stated Mr. Dulake was able to respond to the first spill within ten minutes.
Mr. Dulake responded to the second spill within 20 minutes. Mr. Dulake had been
given the business card for Mr. Gandana during the spill of October 5 and attempted
to contact him by telephone four times without success upon notification of the
second spill of October 6, 2007.
The District then went forward and contacted C &R Drains to assist with addressing
the second spill. Mr. Fauth reported the second spill was not a result of C &R Drains
not doing an adequate job of cleaning the lateral line on October 5, 2007, and stated
C &R Drains did what they had to do to prevent the SSO from entering the storm
drain. Mr. Fauth reported additional grease entered the line over night and the next
day and caused the second spill.
Mr. Fauth reported the spills could have been prevented with proper cleaning of the
grease interceptor and the lateral line. Mr. Fauth stated the charges for both spills
totaled to $4,722.02.
A letter dated November 8, 2007, was sent by Mr. Fauth to Costa Mesa Square LLC
outlining the events and providing photographs, a timeline, and a request for
payment for the cleanup efforts.
• Mr. Fauth received a response letter on December 26, 2007, from Mr. Steve Welch,
Royal Oak Property Service, regarding the charges.
Mr. Fauth outlined the response from Mr. Welch stating Mr. Welch felt the District's
actions were excessive and the landlord was never given an opportunity to address
the matter. The letter stated Mr. Welch was not aware of any ordinance that allowed
the District to come onto private property to address a normal backup.
Mr. Rob Hamers, Costa Mesa Sanitary District, wrote a response letter to Mr. Welch
on January 11, 2008. Mr. Fauth provided an overview of that response letter.
Mr. Fauth stated District does not consider the sewer spill in question "a normal
backup." Raw sewage was flowing from the private property into Harbor Boulevard
so far that the effluent had passed the median and was being carried along the
street by cars traveling both northbound and southbound. The sewer spill from the
property was causing a serious health and safety concern for the public.
Mr. Fauth explained that the Costa Mesa Sanitary District is an independent special
district and not part of the City of Costa Mesa as believed by Mr. Welch. The District
had a right to enter property for the purpose of inspection and maintenance of
sanitary and waste disposal facilities and may terminate service to property that is
being operated in violation of District regulations (Health & Safety Code § 6523.2).
• The District is authorized to charge the responsible person for the costs of
abatement of such a sewer spill.
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
FEBRUARY 28, 2008
PAGE 8
Mr. Fauth addressed the issue of the property management service not being given
an opportunity to address the issue themselves. Mr. Fauth explained that the food
establishments in the City of Costa Mesa have been given detailed compliance
standards to prevent spills of this type from occurring. The business was specifically
advised to clean the grease interceptor on August 7, 2007, by Mr. Jim Kolk, CMSD
Inspector.
As to the date in question, the sewer spill started on October 5, 2007, at 12:30 p.m.
and the CMSD maintenance supervisor had the spill blocked by 1:00 p.m. The
CMSD sewer truck cleaned the site by 3:50 p.m. and departed. The property
management contractor did not arrive until 6:00 p.m. and could only pump out half of
the grease interceptor since he was half full upon arrival.
The next day, a new sewer spill occurred at 5:00 p.m. due to the insufficient work the
prior day by the property management's interceptor cleaning company. The District
responded again and vacuumed the site and cleaned the lines by 7:00 p.m. The
CMSD response notes show that calls were made to the property management's
contractor but there was no response to those calls.
Mr. Hamers' letter advised Mr. Welch the District is required to enforce grease
control measures at food service establishments to prevent sanitary sewer overflows
(SSOs) from reaching the storm drain (and thereafter the ocean) under an order by
the State Water Resources Control Board and under the US EPA Clean Water Act.
Each business is under a duty not to allow grease accumulation to contribute to an
SSO. The establishment, the property owner, and the District are subject to
substantial fines for violations.
Mr. Fauth stated the property management corporation is entitled to a hearing on the
District's abatement charges. Materials to substantiate the charges were provided to
Mr. Welch in the letter from Mr. Fauth. Mr. Hamers advised Mr. Welch the remedies
available to the District at such a hearing include imposing the charges on the
responsible person, requiring retrofitting to a better device or increased cleaning, or,
in serious cases, termination of service. Mr. Hamers' letter requested Mr. Welch to
provide any additional materials that he would like the Board to consider. Mr.
Hamers attached pertinent section from the Costa Mesa Sanitary District Operations
Code.
Mr. Fauth read Section 7.09.041 Prohibition. Every owner, tenant and persons
using property shall have a duty not to cause, permit or allow the accumulation of
grease in the District's sewer line so that sewage spills may occur.
Mr. Fauth also read Section 7.09.050 Abatement. ...District may charge the
• responsible person for that damage and for the abatement costs thereof.
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
FEBRUARY 28, 2008
PAGE 9
• Mr. Fauth stated Mr. Benny Ang Gandana was unable to respond so the District
responded in the interest of public safety.
Mr. Hamers introduced Mr. Jim Kolk, FOG Control Inspector. Mr. Kolk stated food
establishments are inspected on routine basis with frequency based upon
relationship to previous problems, known issues, or known maintenance compliance
issues. Mr. Kolk stated the facilities where the spills occurred had been increased
from the normal annual inspection to a semi - annual inspection based on compliance
history with the interceptors. Mr. Kolk stated the interceptor is a common interceptor
shared by multiple tenants. Mr. Kolk stated photo Number 3, the interceptor box, is
a photograph of the sample box and that it should contain fairly clear water - there
shouldn't be any visible grease. The separation of grease and solids is supposed to
occur prior to the sample box. Mr. Kolk stated when he sees grease in the sample
box it is indicative of improper maintenance of the interceptor, improper service of
that interceptor, or some other issues with the discharge.
During the initial phase of the FOG control program, Mr. Kolk stated he provided
each facility in the District with a notebook containing the rules and regulations of the
FOG control program, the Costa Mesa Sanitary District Policies, log sheets, a CD, a
poster and some general guidelines as to their responsibilities in the FOG program
as well as verbal education with the manager on site at the time. The minimum
• service time for a grease interceptor is three months. It must be pumped a minimum
of once every three months. The criteria for maintenance is called the 25% rule
which states that the floating FOG (fats, oil, and grease) in addition to the depth of
the solids cannot exceed 25% of the depth of the interceptor. For example, if an
interceptor is 4 feet deep, floating FOG is 6 inches, and the solid sediment is 6
inches, the interceptor is at 25 %. Levels above 25% result in reducing the amount
of separation capacity that the interceptor has and reducing the effectiveness of the
interceptor. This assists in determining how frequently a grease interceptor should
be cleaned.
Director Monahan arrived at 5:57 p.m.
Mr. Dulake stated the timeline does not reflect some items he would like clarified for
the record. Mr. Dulake showed there was a timeframe of almost an hour before
C &R Drains was on the scene. During this time, multiple people in the CMSD office
were attempting to locate a responsible person to contact to notify them of the sewer
spill. Mr. Dulake stated C &R Drains had a very fast response to the spill and was on
the scene within five minutes of being contacted. Mr. Dulake reported once the spill
was being cleaned and contained, that is when he walked around and found the
grease interceptor. It was at that time he contacted Mr. Kolk to notify him of the spill.
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
FEBRUARY 28, 2008
PAGE 10
Mr. Dulake stated when he received the call for the spill on October 6, 2007, he
recognized the address as the same one from the day before and immediately
attempted to contact Mr. Benny Ang Gandana via his business card before Mr.
Dulake left his home to attend to the spill. Mr. Dulake stated he placed an additional
call to Mr. Gandana as he was driving toward the spill location and the call went
straight to voice mail.
Mr. Hamers requested Mr. Fauth address Mr. Welch's comment that the spill on the
second day occurred because the District did not do a sufficient job during the clean
up of the initial spill on October 5, 2007. Mr. Fauth stated the responsibility for the
grease interceptor and maintenance of the lateral is that of the property
management company, or the property owner, or the occupant of the facility,
depending on the arrangements they have. It is not the District's responsibility to
maintain any grease interceptors or lateral lines.
Mr. Burns requested clarification as to how many people in the CMSD office were
working on locating the management company to report the problem and allow them
to respond. Mr. Dulake stated he was speaking to Mr. Fauth and he could hear him
speaking to Debbie Bjornson and Denise Gilbert in an effort to locate the appropriate
party to call. Mr. Fauth stated they were also in communication with Target to
ascertain who the property management company was.
0 President Perry requested Mr. Welch speak on the matter.
Mr. Welch stated he agrees the spills did occur and that over the years they have
had a lot of interaction with the FOG inspectors and been very responsive with their
requests. Mr. Welch stated he has spoken multiple times with Mr. Kolk and they
have had no violations.
Mr. Kolk stated he agrees they have been very responsive when contacted, but
stated the problem is that they have to contact them due to insufficient maintenance.
He stated the interceptors are not maintained until they contact them and while they
are very responsive, they are not supposed to wait until contacted.
Mr. Welch stated there are six interceptors for which they are responsible. They
have a reputable company servicing the interceptors. Track records for services are
available. Mr. Welch stated they have a great line of communication and found it
difficult to believe they had trouble getting hold of someone. Mr. Welch stated it was
5:30 p.m. when he received a call regarding the first spill. Mr. Welch objected to the
plumber being the point of contact.
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
FEBRUARY 28, 2008
PAGE 11
Mr. Burns requested Mr. Welch clarify his position with the management firm. Mr.
Welch stated his name is Steve Welch he is with the management firm, but he is not
the property manager. Mr. Burns inquired which property. Mr. Welch stated Costa
Mesa Square shopping center, which includes the businesses in discussion,
Daphne's and Wingnuts.
Mr. Welch stated the line was clear at 3:05 p.m. and he received a call at 5:30 that
they needed to get someone there to pump down the interceptor. By 6:30
Mr. Benny Ang Gandana arrived. He had standard cleaning equipment, but no
jetter. Darling arrived and pumped the top of the interceptor. Mr. Welch stated he
had a plumber and a pumping truck on site within 60 minutes. Mr. Welch stated by
the time they got there, the issue had been cleared. Mr. Welch expressed he felt the
costs they incurred to summon a plumber were not necessary.
Mr. Welch stated his pumping contractor, Darling, expressed that the interceptor was
pumped down to within normal operating levels, both when they arrived and when
they left the premises. Mr. Welch stated the blockage was not within the property,
but within the street. Mr. Welch stated he was not contacted at all during the second
spill on October 6, 2007. Mr. Welch stated the District should not have tried to
contact his plumber directly; they should have contacted the property management
company. Mr. Welch stated if he were unable to contact that particular plumber, he
would have contacted another plumber from his arsenal of plumbers that he
maintains for an emergency.
Mr. Welch questioned if C &R Drains stated, per their report, that everything was
okay, why did it back up again? Or was it the City sewer that backed up again? Mr.
Welch stated that in looking at the plans and doing the math, he feels the blockage
was definitely off his property. Mr. Welch stated he was asked to jet the lines again
and reported they did. He stated they were asked to camera the line and stated they
did that as well and could find no problems with the line. Mr. Welch stated Darling
pumped down the interceptor again and that they pulled off no solids, but foggy
water. Mr. Welch stated the owner's position is they were not given an opportunity
to deal with the problem first and that every store manager in the center has the
management's contact number. Mr. Welch further stated Target has a contributing
use of the sewer line as well, yet his company is being charged for the blockage
response, not the Target center.
President Perry asked Mr. Welch if he had any questions for Staff. Mr. Welch stated
he did not. President Perry asked if Staff had questions for Mr. Welch. President
Perry asked if the Board had any questions. Director Ferryman inquired whether or
not the phone number Staff was calling was the correct phone number. Mr. Fauth
stated the number dialed was directly off the business card of Mr. Gandana.
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
FEBRUARY 28, 2008
PAGE 12
Mr. Fauth stated Mr. Dulake inquired of the managers at both Wingnuts and
Daphne's for the phone number of the management company and was told they did
not have one. Mr. Dulake stated he inquired at Wingnuts, Daphne's, Starbucks, and
Baja Fresh and none of them could or would produce a phone number for
management. Mr. Dulake stated that Mr. Benny Ang Gandana personally gave him
his business card and said if there were any problems, to call him.
Director Monahan asked President Perry to ask what the quarterly service is that
Darling provides for the shopping center for this grease interceptor.
Mr. Welch stated quarterly service includes the interceptor being pumped down all
the way, all solids, all water, and scraping of the sides of the interceptor. There is an
inspection of the baffles inside the unit and the unit is put back into service.
Director Monahan inquired when the last time Darling was out to service that grease
interceptor.
Mr. Welch stated they were on site in July and then August and then the 5th and the
8th and then again on 11 -14, so on that interceptor, almost monthly.
Director Monahan asked if they were there in July and August, and then not again
• until the spill in October. Mr. Welch stated that was correct.
Director Monahan stated the notes contain the words "Wingnuts and Daphne's
needs cleaning." Director Monahan asked Mr. Kolk what exactly that means and
asked if there was a cleaning after that inspection.
Mr. Kolk stated the note refers to the fact that the interceptor that services Wingnuts
and Daphne's requires a full pump out. Mr. Kolk stated his understanding is they
followed up on October 16, which is after the spill.
Director Monahan asked for clarification as to the fact that the August notes mention
the interceptor needed to be pumped out and that it had not been pumped out
before the spill.
Mr. Kolk stated it was inspected on July 31 st and found the interceptor to be at 83%
full. A follow -up inspection was done on August 4, and he found that it had been
pumped out.
Director Monahan inquired whether the interceptor had been cleaned again after
August and before the spill in October.
Mr. Welch stated his records show it was pumped on August 2nd.
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
FEBRUARY 28, 2008
PAGE 13
Director Monahan asked if Darling was out in July to clean the interceptor.
Mr. Welch stated that is what his records show. Director Monahan asked if he had
records prior to July. Mr. Welch stated he did not have them with him, but he would
be happy to provide them to the Board.
Director Monahan asked for the date in July that it was pumped. Mr. Welch stated it
was pumped and cleaned on July 7.
Director Monahan summarized it was pumped on July 7, and on July 31 it was noted
to be at 83% full. On August 4 it was pumped clean, and it was not pumped again
and 60 days later they had a spill. Director Monahan noted it filled to 83% in 24
days, then he summarized he could logically state in 24 days, or 35 days if it was
slow, it is going to be full again.
Mr. Dulake asked to address two comments. Mr. Dulake said Mr. Welch made the
comment that photograph Number 4 shows the point of connection for Target. Mr.
Dulake stated during his survey of the property, referencing photograph Number 9,
that up on the sidewalk, back up past the sign, a manhole cover was opened by Mr.
Dulake and C &R Drains and that water flows out from the line from Target so that
means that Mr. Welch's line flows all the way there, makes a turn, and heads up to
the District sewer line. Mr. Dulake stated the District sewer line is on the west side
. of Harbor Boulevard in the number 3 lane, on the other side of the street, almost into
the curb line of the southbound number 3 lane, meaning the lateral line and
responsibility is all the way across Harbor Blvd, which may have been why Mr.
Welch stated he thought the District's line was blocked.
Mr. Hamers thanked Mr. Welch and Staff. Mr. Hamers summarized a few of Mr.
Welch's points. Mr. Welch commented that the spill occurred at 12:00 and he was
not notified until 5:00 p.m. Mr. Hamers stated it is not the District's duty to call
Mr. Welch, it is Mr. Welch's duty to not allow the spill to occur by adhering to
Mr. Kolk's recommendations and adhere to the District's very thorough FOG control
program. Mr. Hamers stated with respect to Darling's work at the interceptor,
drawing attention to photograph Number 3, Mr. Hamers stated the picture shows an
interceptor that is clearly not being maintained as it should be.
Mr. Hamers stated Director Monahan was very clear in identifying that this
interceptor needs monthly maintenance. Mr. Hamers stated Mr. Dulake made the
point that Target is not involved since it is connected separately to the District's
system, which indicates the true cause is substandard maintenance of the grease
interceptor. Mr. Hamers stated what should have occurred is that after C &R Drains
response, Mr. Welch's plumber should have hydrojetted the line and should have
cleaned the interceptor so that there would have never been a second spill.
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
FEBRUARY 28, 2008
PAGE 14
is Mr. Hamers stated it was made clear to Darling and Mr. Benny Ang Gandana that
the interceptor needed a thorough cleaning during their response to the spill on
October 5. Mr. Hamers stated Staff did not assure Mr. Benny Ang Gandana that
everything was okay and the plumber and Darling could go home. Mr. Hamers
stated the fact that Darling did not immediately finish cleaning the interceptor the
next morning indicates there is substandard maintenance of the interceptor.
Mr. Hamers stated Mr. Welch's representatives should have responded with
cleaning the interceptor the following morning which would have prevented the
second spill.
Mr. Hamers addressed the comment by Mr. Welch that the blockage must have
been in the District main line and that the District line may have been the cause of
the spill. Mr. Hamers stated if there was a blockage in the District main line, all the
laterals upstream would have backed up as well, but none of the other properties on
Harbor Blvd. backed up.
Mr. Hamers reiterated it is not the District's responsibility to clean Mr. Welch's lateral
line, it is the District's responsibility to stop the sewer spill. Mr. Hamers stated he did
not see any reason why there should not be a 100% finding of Mr. Welch being
responsible to pay the abatement charges enforced by the District.
. President Perry asked Mr. Welch if he wanted to offer a rebuttal. Mr. Welch stated
he has a good track record at the Center. Mr. Welch stated the minor issues that
have occurred have always been taken care of in a timely manner. Mr. Welch stated
some of the evidence that came up at the meeting was not known to them before
and he still feels strongly that management was not given enough notice to deal with
the issue. Mr. Welch stated he feels he has adequate maintenance for the system.
Director Ferryman inquired whether or not Mr. Welch would be scheduling monthly
cleaning for this interceptor. Mr. Welch stated he would monitor the reports and
percentages and will adjust as needed.
President Perry thanked Mr. Welch for coming to the meeting.
Director Monahan inquired whether or not the Board was able to adjust or put
conditions on the amount of the abatement charges. Mr. Burns stated the Board can
adjust the amount placed before them.
Mr. Burns advised Director Monahan that he could participate in the discussion, but
should abstain from voting as he did not hear all the evidence due to arriving after
the hearing began.
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
FEBRUARY 28, 2008
PAGE 15
is Ms. Keuilian commented that Mr. Welch should notify his tenants of the chain of
contact in the event of an emergency. Mr. Welch stated every tenant has the
contact information but managers are changed frequently and their line of
communication within their own corporate structure is very difficult. Mr. Welch stated
managers can change as often as every few weeks.
President Perry closed the hearing and opened discussion.
Discussion was held.
Director Monahan recommended removing the line item for administrative invoicing
fees from the charges assessed.
Director Ferryman motioned to assess full charges of $4,722.02 to the property
management company. Director Schafer seconded.
Motion carried as follows:
Ayes: Schafer, Ferryman
Noes: Perry
0 Abstentions: Monahan
Mr. Burns will prepare an appropriate decision in resolution form incorporating the
findings of Staff offered to the Board as being the basis for their decision.
Mr. Welch left the meeting at 6:40 p.m.
DISTRICT YARD - 174 W. WILSON STREET - CMSD #187
UPDATE ON DESIGN PHASE
Mr. Hamers reported Staff is working on the design phase of the District Yard
property located at 174 W. Wilson Street. Mr. Hamers reported Staff is looking
forward to achieving the LEED Gold accreditation.
CONSULTANT PROPOSAL FOR GEO-ETKA, INC. SOILS ENGINEER
Mr. Hamers presented a proposal from Geo -Etka, Inc.
Director Ferryman motioned to approve the proposal, not to exceed $2,900.00 for
drilling and $350.00 for review of plans, subject to contract review and approval
• by the attorney for the District, Mr. Burns. Director Schafer seconded.
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
FEBRUARY 28, 2008
PAGE 16
• Motion carried as follows:
Ayes: Perry, Schafer, Ferryman, Monahan
Noes: None
CMSD STRATEGIC PLAN
YEAR 2007/2008 STRATEGIC PLANNING ACTION ITEMS
Director Schafer requested Staff add the District's intention of obtaining the
District of Distinction award from CSDA to the Strategic Plan. Ms. Revak will add
the item to the Strategic Plan.
SEWER SYSTEM COMMITTEE
REPORT ON MEETING HELD FEBRUARY 13, 2008
Director Monahan reported three illegal connections have been identified and
Staff is working on the issue.
• POTENTIAL TRANSFER OF OCSD SEWERS TO CMSD
Mr. Hamers reported Mr. Burns has been working with OCSD staff regarding the
transfers. Mr. Burns stated there are no new items to report on the issue.
PROJECT #186 SEWER LATERAL ASSISTANCE PROGRAM
Director Monahan reported the Sewer Lateral Assistance Program is doing well
and reported they may be working into next year's budget by the end of the fiscal
year.
APPROVAL OF SPECIAL CASE SCENARIOS
Mr. Hamers presented drawings and a brief narrative of five cases of
funding sewer lateral assistance.
Director Monahan inquired whether there is a process whereby a resident
who is unhappy with the determination on his property could seek an
appeal of the decision.
Mr. Burns suggested adding a provision to allow any property owner who
is dissatisfied with the reimbursement allocated to their property to come
• to the Board and make a request for reconsideration.
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
FEBRUARY 28, 2008
PAGE 17
• Director Monahan motioned to approve the program parameters with the
request for reconsideration provision and delegation of authority to the
Manager /District Engineer to determine reimbursement levels. Director
Schafer seconded. Motion carried 4 -0.
243 E. 20TH STREET, COSTA MESA
Director Monahan motioned to approve reimbursement for the sewer
lateral work at 243 E. 20th Street as it met the approvals granted in the
prior item on the agenda. Director Schafer seconded. Motion carried 4 -0.
PRESENTATION TO THE CHAMBER OF COMMERCE - FEBRUARY 21, 2008
Mr. Fauth prepared a presentation to the Chamber of Commerce breakfast
meeting members. Mr. Fauth reported the presentation was well received and a
handout was distributed.
RECYCLING REPORTS
WASTE DIVERSION REPORT - DECEMBER 2007
• Ms. Revak presented the Waste Diversion Reports for January 2008 showing a
50.43% diversion rate. The report was received and filed.
CONTRACT PAYMENT TO CR TRANSFER FOR RECYCLING SERVICES AND
n,gPnS ,&I
PAYMENT FOR .JANUARY 2008 SERVICES
Ms. Revak presented the Invoices for January 2008 recycling services and
disposal.
Director Schafer motioned to ratify contract payment to CR Transfer for recycling
services and disposal for the month of January 2008 in the amount of
$171,149.48. Director Ferryman seconded.
Motion carried as follows:
Ayes: Perry, Schafer, Ferryman, Monahan
Noes: None
Director Schafer motioned to ratify contract payment to CR Transfer for recycling
services and disposal for Santa Ana Heights for the month of December 2007 in
the amount of $10,160.44. Director Ferryman seconded.
•
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
FEBRUARY 28, 2008
PAGE 18
Motion carried as follows:
Ayes: Perry, Schafer, Ferryman, Monahan
Noes: None
ORDINANCE ENFORCEMENT OFFICER'S REPORT
Mr. Shef presented the Enforcement Report for the month of January 2008.
Mr. Shef reported trash containers were blown around during the winds resulting in
scattered debris. Mr. Shef distributed approximately 20 courtesy notices to
residents.
Director Monahan inquired whether or not the issue of trash in a previously
mentioned alleyway was handled. Mr. Hamers reported he had a discussion with
CR &R regarding the item.
Mr. Shef reported he calls in any graffiti he notices on trash containers.
SUBCOMMITTEE TO LIAISON COMMITTEE ON CITY TREE ROOTS
Mr. Hamers reported he emailed Mr. Allan Roeder requesting a date to continue
discussing the issue of City tree roots. Mr. Hamers has not yet received a response.
CR &R
RESOLUTION OF CONTRACTUAL INTERPRETATIONS
Mr. Davis reported the item is not ready for discussion and will be brought back
to the Board at the next regular meeting.
EQUIPMENT LOST IN FIRE
Mr. Fauth reported he contacted both Jimini Systems and FEMA. Mr. Fauth
reported Jimini Systems had insurance to cover $20,000 worth of their $50,000 in
damages with no coverage left to address the District's loss. Mr. Fauth contacted
FEMA and found out FEMA will not consider payment until all other insurances have
been paid. Mr. Fauth reported there is no time limit for the District to place a claim.
The support information is being finalized for submittal to SDRMA and should be
completed by the next regular board meeting.
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
FEBRUARY 28, 2008
PAGE 19
0 PERSONNEL UPDATE — MANAGEMENT ANALYST
Mr. Fauth reported approximately 70 people applied for the position of management
analyst. Four applicants were interviewed, with current CMSD Accountant Ms.
Kallab being the most qualified applicant for the position, therefore, Ms. Sherry
Kallab was awarded the position of Management Analyst, Ms. Kallab prepared an
advertisement for a new accountant and applications are being received.
Mr. Hamers reported the two maintenance workers have been hired.
RECYCLING COMMITTEE — MONDAY, FEBRUARY 25, 2008 —12:00 P.M.,
CMSD BOARDROOM, 628 W. 19TH STREET, COSTA MESA (DIRECTOR OOTEN,
AND SCHAFER)
RECYCLING COMMITTEE GOALS FOR 2007/2008
Director Schafer reported the Committee reviewed the goals for 2007/2008.
ORANGE COAST COLLEGE RECYCLING CENTER (GUEST MIKE CAREY)
Director Schafer reported Mr. Mike Carey of Orange Coast College Recycling
Center was the guest speaker. The Committee and Mr. Carey discussed
partnering in several areas such as e- waste. Discussion was held regarding
developing a battery collection program with Orange Coast College Recycling
Center. Mr. Fauth and Donna Theriault will discuss options available. Mr. Fauth
stated there are funds available in the District's program to provide battery
collection containers to Orange Coast College Recycling Center. Mr. Fauth
reported they discussed options for collection of fluorescent light bulbs.
PARTNERSHIP WITH COSTA MESA HIGH SCHOOL LIFE SCIENCE ACADEMY: ASSIST IN
EXPANDING RECYCLING PROGRAM
Director Schafer reported CMSD Staff met with two Costa Mesa High School Life
Science Academy students and their teacher on January 31, 2008 to discuss
their current recycling programs and opportunities for the District to assist in
providing resources and education.
JUNK MAIL ALTERNATIVES
Director Schafer reported the committee discussed options to limit junk mail.
Mr. Dan Worthington passed around a sack containing three month's worth of
• junk mail he collected from what was delivered to his driveway, hanging on his
doorknob, and placed on his front porch - approximately 7 pounds of unsolicited
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
FEBRUARY 28, 2008
PAGE 20
trash. Mr. Worthington suggested the District send a letter to Costa Mesa City
Council requesting they adopt an ordinance to reduce the amount of trash being
left at residences in the City. Mr. Worthington provided a copy of an ordinance
adopted in Menlo Park to prohibit items from being distributed to doorsteps.
Director Schafer suggested bringing the item up during the next Liaison
Committee Meeting with the City of Costa Mesa.
Director Monahan suggested having the Recycling Committee research the
ordinance before recommending anything to the City of Costa Mesa.
SCHOOL TELEPHONE BOOK RECYCLING CONTEST AWARD PRESENTATIONS
Ms. Revak reported awards are being distributed by Directors to the various
schools.
REPORT ON OTHER CMSD RECYCLING PROGRAMS
Director Schafer reported the Committee discussed the use of reusable shopping
bags to reduce the amount of plastic and paper in the trash.
Director Schafer reported they discussed adding Share Ourselves, which
contains a medical facility, a clinic, and a dental office, to the District's Sharps
program. The addition of the facility will be further discussed during the planning
of the next District budget.
ENGINEER'S REPORTS
WASTE DISCHARGE REQUIREMENTS (WDR)
Mr. Hamers presented a copy of a flyer advertising the Education and Outreach
Materials Workshop hosted by the Costa Mesa Sanitary District and held on
February 21, 2008 for city engineers, public outreach coordinators and the WDR
general group. An additional seminar on pipe lining is scheduled for May 2008.
Mr. Hamers reported CMSD is performing a manpower study to determine if the
District could become the clearinghouse for education and outreach materials for the
region and the state.
•
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
FEBRUARY 28, 2008
PAGE 21
PROJECT #168 — IRVINE PUMPING STATION RELOCATION
ALLOCATE ADDITIONAL CONSTRUCTION FUNDS
Mr. Hamers presented a brief update on the need to allocate additional
construction funds for Project #168. Mr. Hamers stated no action is
recommended to the Board at the present time.
ALLOCATE ADDITIONAL INSPECTION FEES
Mr. Hamers reported on the time extension and cost increases needed to
complete construction of the new pumping station.
In order to continue contract administration, providing engineering, inspection,
and surveying services, additional hours were submitted for approval by the
Board.
Engineering 225 hrs x $ 85 /hr = $19,125
Surveying 16 hrs x $220 /hr = $ 3,520
Inspection 628 hrs x $ 60 /hr = $37,680
• Director Ferryman motioned to approve the additional inspection fees for Project
#168, Irvine Pumping Station Relocation. Director Schafer seconded.
Motion carried as follows:
Ayes: Perry, Schafer, Ferryman, Monahan
Noes: None
PROJECT #175 — COOPERATIVE PROJECT TELEVISING SEWER LINES
ALLOCATE ADDITIONAL INSPECTION FEES
Mr. Hamers presented an overview of Project #175 and a request for the
additional funds needed to continue inspecting the work.
Engineering 350 hrs x $85 /hr = $29,750
Inspection 900 hrs x $60 /hr = $54,000
Director Ferryman motioned to approve additional inspection fees for Project
#175, Cooperative Project Televising Sewer Lines. Director Monahan seconded.
•
•
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
FEBRUARY 28, 2008
PAGE 22
Motion carried as follows:
Ayes: Perry, Schafer, Ferryman, Monahan
Noes: None
TREASURER'S REPORTS
INVESTMENT OVERSIGHT COMMITTEE MEETING - FEBRUARY 28, 2008, 5:00
P.M.
Mr. Davis reported the Investment Oversight Committee met prior to the Regular
Board Meeting and discussed the Treasurer's Report as of January 31, 2008, the
status of the Springbrook modules, and a report on the Extension of Agreement for
Audit Services.
BUDGET CALENDAR FOR FISCAL YEAR 2008 -09 BUDGET
Mr. Davis presented a Preliminary Budget Calendar for Fiscal Year 2008 -09.
Mr. Davis requested discussion on setting a date for the budget study session.
• The Board requested the item be brought back to the March meeting when
Director Ooten is present to determine a budget study session date.
BUDGET ADJUSTMENT FOR DISTRICT YARD
Mr. Davis introduced a budget adjustment in the amount of $75,008 for costs
associated with retaining a LEED management consultant for the construction of
the District yard.
Director Monahan motioned to approve the budget adjustment in the amount of
$75,008. Director Ferryman seconded.
Motion carried as follows:
Ayes: Perry, Schafer, Ferryman, Monahan
Noes: None
•
•
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
FEBRUARY 28, 2008
PAGE 23
ATTORNEY'S REPORT
CONVERSION OF "FIXTURE FEES" TO "CAPACITY CHARGES"
Mr. Burns sent an attorney /client memo to the Board regarding the conversion of
fixture fees to capacity charges and will continue to update the Board.
Mr. Burns reported Director Ooten requested an accounting of fees to date and he
will prepare a response for him.
RESOLUTION NO. 2008 -748 — ORDERING THAT ORDINANCE NO. 65
CHANGING THE REGULAR BOARD OF DIRECTORS MEETING DATE HAS BEEN
PIIRI ISI4Fn
Mr. Burns presented Resolution No. 2008 -748, A RESOLUTION OF THE BOARD
OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT ORDERING THAT
PUBLICATION OF ORDINANCE NO. 65 CHANGING THE DATE AND TIME OF
THE REGULAR BOARD MEETING HAS OCCURRED.
• Director Schafer motioned to adopt Resolution No. 2008 -748. Director Ferryman
seconded. Motion carried 4 -0.
LOCAL MEETINGS (INCLUDES REPORTS BY ALL DIRECTORS
REPRESENTATING CMSD)
ORANGE COUNTY SANITATION DISTRICT (OCSD)
MEETING HELD FEBRUARY 27, 2008 (DIRECTOR FERRYMAN)
Director Ferryman attended the February 27, 2008 OCSD meeting and reported
the following:
❑ Passing of new rate structure by one vote
❑ Director Ferryman traveling to Washington DC March 9 -12 for CASA
conference
❑ Meeting with congressional contingency
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
FEBRUARY 28, 2008
PAGE 24
SANTA ANA RIVER FLOOD PROTECTION AGENCY (SARFPA)
NEXT MEETING WILL BE HELD MARCH 27, 2008 (PRESIDENT PERRY)
President Perry reported there was no meeting in February 2008.
INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY (ISDOC) (DIRECTOR
SCHAFER
QUARTERLY MEETING HELD ON THURSDAY, JANUARY 31, 2008
Director Schafer did not attend the January 31, 2008 meeting.
LOCAL AGENCY FORMATION COMMISSION (LAFCO) (DIRECTOR SCHAFER)
Director Schafer attended the February 13, 2008 LAFCO meeting and reported the
following:
❑ Commission approved going out for RFPs for a study of the governance of
• the Municipal Water District of Orange County (MWDOC)
❑ Commission approved Cowan Heights Annexation - 150 acres of
unincorporated territory to the O.C. Sanitation District
❑ Laguna Laurel Reorganization to City of Laguna Woods was continued to
April 9th
❑ Approved audit for fiscal year 2006 -07
❑ Supervisor John Moorlach provided update on Orange County /L.A.
County
❑ Workshop on March 12th on proposed Rossmor incorporation
❑ Briefing on small island annexation proposed incentives program
Director Schafer reported her term is up for LAFCO and she requested support
for running for an additional term.
Director Monahan motioned to support Director Schafer running for LAFCO.
Director Ferryman seconded. Motion carried 4 -0.
•
•
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
FEBRUARY 28, 2008
PAGE 25
CALIFORNIA SPECIAL DISTRICTS ASSOCIATION (CSDA) (DIRECTOR SCHAFER)
Director Schafer attended the February 15, 2008 Legislative Committee meeting and
reported the following:
❑ Reviewed bills and updates on the governor and what might happen with
the budget
❑ Working on Prop 1 A
❑ February 29th Executive Board Meeting with Chairs
❑ Conference call on February 22nd with the Fiscal Committee
CALIFORNIA ASSOCIATION OF SANITATION AGENCIES (CASA)
Director Schafer did not attend the meeting.
SPECIAL DISTRICT & LOCAL GOVERNMENT INSTITUTE GOVERNANCE SEMINAR
FEBRUARY 7-8,2008, PALM SPRINGS (DIRECTORS PERRY & OOTEN)
Director Perry presented a written report on his attendance at the Special District
& Local Government Institute Governance Seminar for the Board's perusal.
Director Perry also attended an "Ethics" class, fulfilling his requirement for the
next two years.
Director Perry reported Director Ooten was also in attendance at the Special
District & Local Government Institute Governance Seminar.
OTHER MEETINGS QUALIFYING FOR REIMBURSEMENT UNDER CMSD
ORDINANCE N. 55, OPERATIONS CODE SECTION 3.01.030
WACO
Director Schafer attended the February 1, 2008 and February 19, 2008 meetings
and reported the following:
❑ Update reports on CSDA
❑ Peer Swan voted as Chair for another term
❑ Speaker Brandon Goshi, Metropolitan Water District of Southern
California, on drought allocation formula and what it means to Orange
County.
❑ Director Schafer provided a report to special districts at the February 1st
meeting.
•
COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
FEBRUARY 28, 2008
PAGE 26
• CHAMBER OF COMMERCE MEETING
Director Schafer did not attend the meeting.
OLD BUSINESS
There was no old business discussed.
NEW BUSINESS
COSTA MESA CHAMBER OF COMMERCE ANNUAL MEMBERSHIP INVESTMENT
FOR THE PERIOD 04/01/08 TO 04/01/09 IN THE AMOUNT OF $440.00
Director Ferryman motioned to approve membership fees in the amount of $440.00
for the Costa Mesa Chamber of Commerce. Director Schafer seconded.
Motion carried as follows:
Ayes: Perry, Schafer, Ferryman, Monahan
• Noes: None
SPECIAL DISTRICT LEADERSHIP FOUNDATION (SDLF)
Mr. Hamers reported Director Schafer suggested the District apply for accreditation
as a District of Distinction under the Special District Leadership Foundation (SDLF)
program. Ms. Revak presented a report on qualifications the District must obtain in
order to apply by the end of calendar year 2008. The Board and Manager must
complete specific courses.
A list of locations and dates for available qualifying seminars was distributed to the
Board.
Discussion was held regarding the specific training courses each Director would
require to meet the qualifications for the accreditation.
Directors will review the list and the item will be brought back to the March regular
meeting for discussion.
ORAL COMMUNICATIONS AND DIRECTOR COMMENTS
Director Schafer reported she is the planning chair of the CSDA annual conference in
• September and reported they will be holding a golf tournament at the event.
•
•
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COSTA MESA SANITARY DISTRICT
MINUTES OF BOARD OF DIRECTORS REGULAR MEETING
FEBRUARY 28, 2008
PAGE 27
ADJOURNMENT
President Perry adjourned the meeting at 7:59 p.m.
SECRETARY'
PRESIDENT