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Minutes - Board - 2008-02-28• n LJ 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 • • 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. • • 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. • 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. • r: • • 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. i 0 E 6.„.a" 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. • 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. • 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. • 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. • 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. LJ 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. • 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. • 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. • C�1 L� 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 L� • 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. • • is 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