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Minutes - Board - 2012-03-21!r � LJ is • COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS SPECIAL MEETING MARCH 21, 2012 CALL TO ORDER ROLL CALL PUBLIC COMMENT None. Item VII. A. 4. The Board of Directors of the Costa Mesa Sanitary District met in special session on March 21, 2012 at 10:00 a.m. at 628 W. 19th Street, Costa Mesa. DIRECTORS PRESENT: Robert .Ooten, James Ferryman, Mike Scheafer, Jim Fitzpatrick, Art Perry DIRECTORS ABSENT: STAFF PRESENT: Scott Carroll, General Manager; Alan Burns, District Counsel; Robin B. Hamers, District Engineer; Steve Cano, Maintenance Supervisor OTHERS PRESENT: Joe Jenkins, EEC; Joe Hunt, EEC; Jim Marutsos, Proprietor, Greek Town Grill DISCONNECTION HEARING FOR GREEK TOWN GRILL President Ooten introduced the item and deferred to District Counsel Burns for an overview of the proceedings. District Counsel Burns noted this is a matter involving sewer system lateral grease trap, grease interceptor maintenance issues and whether the property complies with the District's regulations. Consideration will be given to whether or not to disconnect the property from the system or face other penalties. He stated the defendant's due process right to have evidence introduced and the staff carrying the burden of proof proving that there are problems with their sewer system maintenance. • COSTA MESA SANITARY DISTRICT PAGE 2 MINUTES OF THE BOARD OF DIRECTORS SPECIAL MEETING - GREEK TOWN GRILL HELD MARCH 21, 2012 He noted the hearing will follow in informal trial procedure, the Board will disclose any ex parte communications and site visits then staff will present its case, coordinating the introduction of evidence and documents and the defendant will have a limited right to cross examination. The defendant will then have an opportunity to present his /her case; the Board will have an opportunity to ask questions, the defendant will then present its closing statements to the Board which will then close the hearing and take the matter into submission. A written decision will then be prepared that will be the legal determination of what occurs in the matter. General Manager Carroll stated he will be presenting evidence and referenced an email from the Maintenance Supervisor Cano indicating that on November 9, 2011, he received a call from CR &R first responders for SSO's that sewage was pouring out from the manhole at Santa Ana and 17th Streets. When the Maintenance Supervisor arrived on the scene, he reported that SSO was coming from the grease interceptor in the parking lot in front of the restaurant and was not coming from CMSD main line. The restaurant was notified to stop using their water. He referenced Exhibit 2 which was composed of pictures of the SSO and grease build -up coming out of the manhole and flowing through the streets. Mr. Carroll referenced Exhibit 3 noting inspections made and comments that the lids from the grease interceptors were always difficult to remove. • Mr. Carroll noted issues with the grease interceptors began in May, 2010, but no corrective action was taken. He referenced Exhibit 5, a letter sent to Jim Marutsos explaining the SSO that occurred and itemizing actions that needed to be taken prior to December 2nd and preventative measures recommended. Mr. Carroll addressed Exhibit 7, a second notification specifying that certain action plans were not completed and extending the requirement to December 23rd. He added that the issues were relative to sticking of the lids and the need for a video after jetting the line to make sure it was clean with no obstructions or cracks and that it was in good condition. Mr. Carroll referenced an email he sent to District Engineer Hamers on January 13th, with questions regarding the requirement of submitting a video. He reiterated reasons for requiring submission of a video. He stated the need to be proactive in protecting the environment and avoiding the risk of another SSO. Mr. Carroll listed the four action items needing completion. He felt that staff has giving Greek Town Grill ample time to correct the actions which now is comprised of making sure lids open properly and submission of a video proving the line is clean, clear and in good condition. He stated that if those two items are not corrected, it is staffs recommendation to disconnect the restaurant from CMSD sewer service. Jim Marutsos stated no objections to the packet of materials presented as evidence by General Manager Carroll. District Counsel Burns admitted the entire packet presented by General Manager Carroll, into evidence. • COSTA MESA SANITARY DISTRICT PAGE 3 MINUTES OF THE BOARD OF DIRECTORS SPECIAL MEETING - GREEK TOWN GRILL HELD MARCH 21, 2012 Discussion followed regarding the total amount of gallons spilled. Maintenance Supervisor Cano reported that some of the SSO was going into the storm drain and provided a picture as evidence of the spill before and after sandbags were installed. It was noted the picture has been submitted as part of the evidence. Discussion followed regarding sewage flowing south to 17th Street then right along the gutter line, which is where the storm drain is located. It was noted there is no picture illustrating the statement but rather it is offered as verbal information from Maintenance Supervisor Steve Cano. Mr. Burns identified the original packet submitted as Exhibit A and the additional photograph without the sandbags as Exhibit B. In response to an inquiry from the Board, Mr. Cano stated that Exhibit B is a photograph taken at Santa Ana and 17th Streets and identified the storm drain on the north side of 17th Street. Mr. Cano explained there as traffic going through the intersection and that he asked restaurant staff to stop the water flow because all the water they were using to wash dishes was coming out and as soon as that stopped, the flow stopped. Mr. Cano stated the flow was going to 17th Street which is where the restaurant flow line runs. • Director Fitzpatrick inquired regarding availability of a map illustrating what occurred and where. General Manager Carroll reported staff is getting a map and suggested proceeding with the matter and returning to consideration of the map. Mr. Marutsos asked Mr. Carroll if he ever go to the site and Mr. Carroll indicated he did not and was not there when the incident occurred. Mr. Carroll stated he does not know how many gallons were spilled adding that CMSD does not keep track because it is a private SSO. Mr. Marutsos stated that everything that was required has been completed. He stated there were a lot of things that didn't take place quickly and that was purely due to economic reasons. Mr. Martusos reported the entire incident has cost him approximately $8,000 and listed an itemization of the related expenses. He addressed charges by CR &R for jetting a line and felt these were excessive. He reiterated that he has completed all requirements, felt the pictures submitted are vague and stated the pictures misrepresent the size of the spill. He felt the spill was spread by traffic going through the area and confirmed that the line has been televised. He presented a picture of the new lids. • Mr. Burns accepted the picture of the new lids and video of the line into evidence labeling it Exhibit C. • COSTA MESA SANITARY DISTRICT PAGE 4 MINUTES OF THE BOARD OF DIRECTORS SPECIAL MEETING - GREEK TOWN GRILL HELD MARCH 21, 2012 Mr. Marutsos reported the video was made March 5, 2012 and that the new lids were installed the previous week. He reported pumping is done on a schedule and noted he is not the owner of the property, but rather D & P Property is. Mr. Marutsos stated he didn't know that he was responsible for the sewer lateral and indicated he sought help but to no avail. He presented a brief history of the restaurant, indicated this is the first time the incident occurred since he opened the restaurant in 2005 and felt it.was the result of feminine products being flushed from the bathroom. In response to an inquiry from President Ooten, Mr. Hamers indicated that for food - service establishments, the plumbing from the kitchen goes through the grease interceptor and that plumbing for toilets goes around the grease interceptor, per Code. Mr. Joe Jenkins affirmed Mr. Hamers's statement. Mr. Marutsos addressed jetting out the bathroom line as well as the clean out in the back of the restaurant. He reported CR &R had done a jetting as well and that jetting the clean out seemed to solve the problem. Mr. Marutsos asked the Board take into consideration the fact that the problem has been resolved and all recommended actions have been completed. • District Counsel Burns reported now would be opportunities for the Board to cross examine Mr. Marutsos. Mr. Carroll stated he has not seen the video and asked about its availability. He affirmed understanding the reasons why it has taken so long for Mr. Marutsos to complete the necessary actions and stated he recommends sending an inspector to confirm if the lids are new, that the video shows the line is clean and then dismiss the case. Mr. Burns noted the lids look like they are new, but there is no opportunity for the Board to review the video at this time. He provided the Board with suggestions regarding its determination. Director Fitzpatrick inquired regarding the last time staff visited the property and providing the owner with a list of specific remedies and on -going maintenance requirements. Mr. Carroll referenced Exhibit 5 in response to his inquiry and noted that CR &R are the District's first responders for issues such as this. He added the District's goals are to prevent SSOs from going into the storm drain whether private or public and if the District believes that the private property owner is not taking any action, the District will • authorize CR &R to clean that line to prevent it from going into the storm drain. COSTA MESA SANITARY DISTRICT PAGE 5 MINUTES OF THE BOARD OF DIRECTORS SPECIAL MEETING - GREEK TOWN GRILL HELD MARCH 21, 2012 • In rY response to Director Fitzpatrick's inquiry, Mr. Carroll reported CR &R will charge the private owner whatever it charges the District. Mr. Burns referenced approval of an abatement ordinance regarding due process charges. Director Ferryman noted that after -hour plumbing charges are at time and a -half. Mr. Marutsos felt the charges by CR &R were excessive. Discussion followed regarding the number of vehicles and staff discharged by CR &R. Mr. Hamers noted the owner is given an opportunity to solve the problem, that the owner was out of the area and the District's Maintenance Supervisor had to make a judgment call, that in this case, the sewage was going into the storm drain and there was no abatement occurring by the restaurant and that Mr. Cano acted appropriately to use CR &R. Mr. Hamers noted the District's equipment is too large to use in a sewer laterals and noted the level of work provided by CR &R in the middle of the night was appropriate. In addition, he addressed District expenses that were not charged to Mr. Marutsos. • Mr. Martusos stated there couldn't have been follow up clean up by the District because he had already hired a company to perform that work the following day. He noted_it has been paid and that it seemed a little high. Discussion followed regarding recording SSOs and possible future regulatory actions by the State. General Manager Carroll reported the District keeps records of SSOs, actions taken and correspondence with. owners. He stated that in the end, it is the responsibility of the .private property owner to perform corrective actions. Director Fitzpatrick asked Mr. Marutsos to share his experiences and suggestions on future improvements. Mr. Marutsos indicated that the District has done a good job and stated it is hard for business owners who are not aware of sewer - related risks and responsibilities. He affirmed the District was available for him through the process and affirmed that was very helpful to him. Mr. Hamers reported that the District's services through its consultant are preventative in nature. Interceptors are checked, pumping logs are reviewed and there are requirements set for quarterly pumping. He stated the FOG program is a preventative • program rather than a reactive program and referenced a checklist used by EEC to ensure compliance and prevent this type of occurrence. Ll COSTA MESA SANITARY DISTRICT PAGE 6 MINUTES OF THE BOARD OF DIRECTORS SPECIAL MEETING - GREEK TOWN GRILL HELD MARCH 21, 2012 Mr. Jenkins, EEC, stated he welcomes questions and requests for information regarding requirements for interceptor maintenance, whether or not an additive should be used and a schedule for line jetting. Director Scheafer inquired regarding the CR &R drainage invoice mentioning that a manhole cover was sealed with silicone. Mr. Jenkins reported that during previous inspections they did not notice silicone on any of the interceptor lids. Mr. Marutsos reported the practice to keep orders away and it was noted that silicone can be cracked right off. President Ooten declared the dismaying part for him was the time it took and the number of contacts for the owner to respond. He stated practices by the Regional Water Quality Board and asked that Mr. Marutsos be an advocate for his restaurants and be aware of the seriousness of the problem. Mr. Marutsos indicated he takes the matter seriously and reported that the lack of response was based on the replacement of the lids not about a sewage overflow. He indicated he's never had that happen in the six years he's operated the facility. Discussion followed regarding next steps and simplifying the decision - making process and the possibility of allowing staff to make a final decision pending a review of the video submitted by Mr. Marutsos. Mr. Burns presented recommended options available to the Board. President Ooten indicated he would like to complete the hearing today. Discussion followed regarding verifying that the manhole covers are new and reviewing the video provided. Staff directed EEC representatives to verify the manhole covers while the Board reviews the video. RECESS AND RECONVENE President Ooten called for a recess at 11:03 a.m. The assembly reconvened at 11:08 a.m. with all Members present. The Board reviewed the video presented by Mr. Marutsos and Mr. Hamers noted evidence of grease in the line that attaches itself when it is not captured in an interceptor. • He addressed the date the line was cleaned as well as the date of the video and COSTA MESA SANITARY DISTRICT PAGE 7 MINUTES OF THE BOARD OF DIRECTORS SPECIAL MEETING - GREEK TOWN GRILL HELD MARCH 21, 2012 indicated that in four months, there is significant amount of grease evident, assuming there was no grease after it was cleaned. Mr. Hamers addressed the importance of cleaning the interceptor and addressed the risks involved with a second SSO. Mr. Jenkins, EEC, classified the amount of grease build up as moderate. He stated a recommendation of quarterly hydro - jetting the line to keep it clear and for a better chance of preventing blockages. He addressed preventing FOG accumulation as well as cleaning the interceptor. Mr, Hamers agreed that quarterly cleaning may be necessary to stop the accumulation of grease. Discussion followed regarding the efficacy of the grease trap and knowing whether the grease trap is working properly. Mr. Hamers reported that the District's FOG program calls for regular inspections of food service establishments and explained the 25% rule. He addressed the importance of regularly cleaning the interceptor. It was noted that grease interceptors are on a quarterly inspection frequency but that due to the difficulty of removing lids, there have been challenges with staying on schedule.. General Manager Carroll reported receiving a telephone call from EEC staff affirming that the lids can be easily opened therefore, staff is satisfied with the lids. The assembly continued reviewing the video and Mr. Hamers stressed the importance of regular maintenance of the lines and interceptors. Mr. Carroll noted the importance of Mr. Marutsos staying on a quarterly maintenance cleaning schedule to prevent a similar issue in the future. He affirmed that all requirements have been met. Mr. Marutsos indicated he is willing to go into a contract for regular cleaning of the line and interceptor. it was noted the District has a list of plumbers whom Mr. Marutsos could contact for the work. In response to an inquiry from Mr. Burns, Mr. Carroll indicated he is prepared to dismiss the case at this time with the recommendation that the line and interceptors are cleaned on a quarterly basis. • Discussion followed regarding District costs associated with the case. COSTA MESA SANITARY DISTRICT PAGE 8 MINUTES OF THE BOARD OF DIRECTORS SPECIAL MEETING - GREEK TOWN GRILL HELD MARCH 21, 2012 • District Ferryman moved to dismiss the case, predicated on the schedule of maintenance that the subject will undertake. Director Scheafer seconded the motion. Discussion followed regarding opportunities for improvement on the District's end. Director Fitzpatrick expressed his belief that this hearing was unnecessary, especially if staff and the defendant worked together to resolve the issues. He opined that staff's burden was not satisfied and reiterated opportunities for improvement noting they preclude him from recommending further action. He recommended that staff conduct post -mortem analysis from a process- improvement and best - practices management on how to prevent one of these hearings from ever happening again. He felt there are opportunities to achieve compliance without associated costs on the part of the District as well as looking at some of the CR &R costs on their end. Director Ferryman noted that each situation is different and felt that if Mr. Marutsos had been in a better financial position, he would have reacted earlier than he did. He stated that was the reason for the hearing. Mr. Hamers acknowledged the costs but stated there were twenty -five pieces of correspondence in the packet and financial hardships by the owner. He believed that the ability of watch the video, see pictures of the SSO and the efforts made act as • positive education points for the Board, staff and the property owner. He felt there are a lot of positives associated with the hearing. Director Fitzpatrick felt it would've been more efficient to see a video in the Sewer Committee. He inquired regarding a possible opportunity to avoid a hearing through an economic hardship clause. Mr. Burns directed the Board as to the appropriate actions. Members of the Board commented on the matter. President Ooten felt the hearing was the only process in place that would conclude it. He indicated he favors lessons learned but commented on the associated risks and the restaurant owner's delays. A call of the motion resulted in the motion carrying (5 -0). ADJOURNMENT President Ooten adjourned the meeting at 11 Secr ary 25 a.m. President