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HomeMy WebLinkAboutCity Council - 2001-41 RESOLUTION NO. 2001-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON'BEACH RESPONDING TO THE 2000-2001 ORANGE COUNTY GRAND JURY REPORT ENTITLED, "SEWAGE SPILLS, BEACH CLOSURES-TROUBLE IN PARADISE?" WHEREAS, the 2000-2001 Orange County Grand Jury released a report entitled, "Sewage Spills, Beach Closures-Trouble in Paradise?", a copy of which is attached hereto as Exhibit"A"; and The Orange County Grand Jury has requested that the City respond to certain findings and recommendations in the Report by July 25, 2001; NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the City of Huntington Beach authorizes the Mayor to send the attached response on behalf of the City, a copy of which is attached hereto as Exhibit "B". PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16th day of July 2001. T h'r� tZG� Mayor ! ATTEST: APPROVED AS TO FORM: V City Clerk 67-11- 4., .�CttyAttorney REVIEWED AND APPROV D: _ INI AND APPROVED- City Administrator t Director of Public Works / 1 2001 reso/response to OC grand jury report EXHIBIT "A" Res. No.2001-01 � a � v ORANGE COUNTY GRAND JURY 700 CIVIC CENTER DRIVE WEST•SANTA ANA, CALIFORNIA 92701 •714/834-3320 FAX 714/834-5555 April 19, 2001 Ray Silver City IManager City of Huntington Beach 2000 Main Street Huntington Beach, CA 926,48 Dear Mr. Silver: Attached is a copy of the 2000—2001 Orange County Grand Jury report, "Sewage Spills, Beach Closures -Trouble in Paradise?"Pursuant to Penal Code 933.05(f), a copy of the report is being provided to you two working days prior to its public release. Please note that"No officer, agency, department, or governing body of a public agency shall disclose any contents of the report prior to the public release of the final report." Emphasis added. (Public release date—April 25, 2001.) It is requested that you provide a response to each of the findings and recommendations of this report directed to your office in compliance with Penal Code 933.05(a) and(b), copy attached. For each Grand Jury recommendation,be sure to describe the implementation status, as well as provide a schedule for future implementation. It is requested that the response to the recommendations be mailed to C. Robert Jameson, Presiding Jud e of t ee-Superior Court. 700 tvic ter D,� VV rive West Santa Ana, CA 92701 with a separate copy mailed ---�, to the Orange County Grand Jury,700 Civic Center Drive West, Santa Ana, CA 927 1, no later than 90 days after the public release date, (April 25, 2001), in compliance with Penal Code 933, copy attached. The due date then is July 25, 2001. Should additional time for responding to this report be necessary for further analysis,Penal Code 933.05(b)(3) permits an extension of time up to six months from the public release date. Such extensions should be advised in writing, with the information required in Penal Code 933.05(b)(3), to the Presiding Judee of the Superior Court, with a separate copy of the request to the Grand.fury(address above). Very truly yours, 2000 —2001 ORANGE COUNTY GRAND JURY JG:mlh Joseph Gatlin, Foreman Attachments Grand Jury Report Penal Code §933, §933.05 Res.No.2001-41 Sewage Spills, Beach Closures Trouble in Paradise? SUMMARY In the past several years, Orange County public beaches have experienced many closures due to ocean water contamination, significantly impacting Orange County's economy and quality of life. The Orange County Health Care Agency issued 252 orders that closed beaches for more than 2000 days from the beginning of i887 through 2000 and the situation is getting worse. Almost all closures were the result of bacterial contamination from a sewage spill into drains or other waterways flowing into the ocean. The 2000-2001 Orange County Grand-Jury conducted a survey among 35 wastewater-collection and/or treatment agencies in the County. The survey concluded that the leading cause of sewage spills is clogged sewage pipes from accumulation of grease/oil discharged from restaurants and high-density residential areas. While several wastewater collection and/or treatment agencies have grease discharge ordinances that require restaurants to have grease trap/interceptor devices, only a relative few of these agencies have a regular inspection and enforcement program in place. With over 6,800 restaurants and approximately 12,000 miles of sewer pipes in Orange County, more effective methods of minimizing grease discharge into sewer pipes must be developed and put into practice if grease-related sewage spills are to be prevented. The Orange County Grand Jury's recommendations to reduce the grease buildup in our sewer system include: Cooperation of cities, county wastewater collection and/or treatment agencies in adopting a standardized countywide grease discharge ordinance with enforcement power, An aggressive public education program aimed at individual restaurant owners and staff as well as the general public, including owners/managers of large housing complexes, and Regular review of restaurant grease traps/interceptors maintenance logs by the Orange County Health Care Agency and routine inspection of these devises by wastewater collection and/or treatment agencies staff within their respective jurisdictions. Res. No.2001-41 PURPOSE/INTRODUCTION The beaches of Orange County are among the most beautiful and utilized recreational resources in the entire country. When closed to public use, not only do the people using the beaches lose a recreational resource, but there is a substantial economic impact associated with the absence of beachgoers as well. From San Clemente to Seal Beach, many coastal businesses depend upon beach visitors for a significant portion of their income. When a sewage line or other sewage facility fails, raw sewage may drain to the ocean, carrying with it bacteria and other human pathogens. This will automatically trigger a state-mandated beach water closure, which will remain in effect until further testing deems the water to be safe for recreational use. According to a survey conducted by the Grand Jury and directed to 35 wastewater collection and/or treatment agencies in Orange County, the reasons cited for most sewage spills are: • Accumulation of cooking grease in sewer pipes • Age-related deterioration of sewer pipes • Tree root intrusion and blockage of sewer pipes • Sewage system pump failure The purpose of this study is to explore the effect improperly discarded cooking grease/oil has on sewage spills and highlight possible remedies that may be available in preventing them HISTORY AND BACKGROUND California State law requires that when designated "indicator bacteria" reach certain levels in tested ocean water, the adjacent beach will be posted with warning signs, if higher levels are detected, the ocean waters will be closed to recreational use. Waters are tested several times a week at many locations along Orange County's coastline. Data collected by the Orange County Health Care Agency shows that from 1987 through 2000, the agency issued 252 beach water closure orders, which effectively closed the adjacent beaches to visitors for a total of more than 2000 days. When large volumes of restaurant or high-density housing-generated cooking greaseloil enter sewage collection pipes, the grease solidifies and accumulates resulting in narrowing of the pipe's internal opening. Eventually the inside of the pipe is closed forcing incoming sewage to escape through manhole covers or other exit points. Until this sewage is detected and contained it may enter a surface drainage system, natural or manmade, where it drains into the ocean. Sewage has a high human pathogen content and thus contaminates water 2 Res. No.2001-41 adjacent to where the drains empty into the ocean, creating an immediate public health hazard. Restaurants generally dispose of cooking grease/oil in the following three ways: 1. Grease traps: These are small devices hooked directly to the outgoing drains of sinks and dishwashers and are located inside the restaurant. Because they hold small quantities of captured grease, these traps must be emptied and cleaned on a regular basis and the grease properly discarded to prevent grease overflow into the sewer system. 2. Grease interceptors: Interceptors are large underground devices usually located outside the restaurant and connected to the restaurant's outgoing sewer drainage system. These large tanks have heavy manhole-like covers that are difficult to access for inspection. When full they must be emptied and cleaned by private waste pickup and disposal companies. 3. Large covered barrels: Barrels, in which higher quality cooking grease is placed, are kept covered and then collected by commercial companies who sell it for industrial reuse. These barrels are placed outside the restaurant. They are easily accessible and are usually not a contributing factor to the problem unless they are accidentally spilled and the contents enter sewer or storm drains. Several beach cities in other Southern California counties have recently tackled their grease buildup and disposal problem with very encouraging results. During the 1990's the City of San Diego reported a 48% reduction in the number of sewage spills as a result of aggressive inspection and enforcement of their grease discharge ordinance for restaurants. In particular, the City of Oxnard (Ventura County) has not only adopted a grease discharge ordinance but its sewage treatment plant also operates its own grease pump-out service. The grease is pumped from restaurant interceptor tanks and brought back to the plant for proper processing and disposal. This program has shown to be not only cost effective, but the number of grease-related sewer spills has been reduced from a five year average of 25 to an average of eight spills a year for 1999--2000. Orange County's situation is complicated by the fact that we have 38 separate agencies that provide wastewater collection and/or treatment services. Thirty- five of these agencies are cities or special districts that provide the sewer pipes and pumping facilities for collecting and transporting the raw sewage to one of the treatment plants located along the coast responsible for final treatment, reclamation and/or disposal of wastewater. These treatment plants accomplish final disposal by one of the following methods: • Treated effluent water is sent out several miles via underwater pipe into the ocean. 3 Res. No.2001-41 • Wastewater is'treated to levels suitable for recharging the natural underground aquifer. • Treated wastewater is used as reclaimed water for landscaping or other non-human consumption-related activity. In general, these agencies are responsible for the construction, inspection and maintenance of wastewater collection and transportation and in some cases treatment facilities within their jurisdictions. They also have the authority to issue wastewater discharge permits and to adopt various ordinances. These ordinances dictate quality, volume and prohibited types of wastewater accepted from residential, commercial and industrial wastewater generators. The Grand ,fury conducted a survey among 35 wastewater collection and/or treatment agencies in Orange County. Pertinent questions and responses from each agency to the survey were as follows: 1. Please list the most important reasons for accidental sewage spills occurring in your jurisdiction. A total of 29 (83%) agencies included grease as a major cause of sewage spills. 2. Do you have a grease discharge ordinance in your City/Agency? Yes: 23 (66%) No: 12 (34%) 3. Do you require grease traps/interceptors for restaurants? Yes: 26 (74%) No: 9 (26%) 4. If you do require grease traps/interceptors, do you have an inspection/maintenance program for these? (Of the 26 "Yes" responses to question number 3.) Yes: 7 (27%) No: 19 (73%) 5. Have you adopted the 1997 Uniform Plumbing Code for use in your City/Agency? (This question relates to standardized design of grease traps/interceptors.) Yes: 31 (89%) No: 4 (11%) The Grand Jury's analysis shows that approximately two-thirds of the wastewater collection and/or treatment agencies surveyed have adopted a grease discharge ordinance within their area of jurisdiction and most (74%) require some type of grease intercepting device in restaurants. However, only 27% conduct routine inspection and maintenance programs to assure that these devices are effective in reducing the discharge of cooking grease in sewer lines. The Orange County Sanitation District, in cooperation with their member agencies and Orange County Health Care Agency have conducted public information efforts to educate not only restaurants but also occupants of high- density residential housing areas such as large apartment complexes. This is 4 Res.No.2001-41 accomplished by distribution of brochures and presentations to residents and restaurants. Large residential housing complexes are also a source of cooking grease, although not nearly in the same volume as that discharged by restaurants. However, these efforts may need to be resumed and expanded given the fact that grease-related sewer pipe blockages continue to increase in number. METHOD OF STUDY The Grand Jury visited wastewater collection and/or treatment sites and facilities as well as conducted interviews with administrative, technical and operational. staff of several wastewater collection and/or treatment agencies, both within and outside of Orange County. Seminars and workshops on the subject of wastewater collection, treatment and water quality were attended. Grand Jurors interviewed restaurant owners and managers. In addition, the Grand ,fury met with several staff members of the Environmental Health Division of the Orange County Health Care Agency and then accompanied them on their regular restaurant inspections. Literature and ordinances from other coastal counties relating to grease discharge in sewage systems were also reviewed. FINDINGS Under California Penal Code Sections 933 and 933.05, responses are required to all findings. The Orange County Grand Jury has arrived at five findings: 1. Seventy-four percent of Orange County wastewater collection and/or treatment agencies require restaurants in their jurisdictions to have grease trapslinterceptors installed and 66% have discharge ordinances. 2. Few wastewater collection and/or treatment agencies (27%) are using these discharge ordinances as a basis for grease trap/interceptor inspections and maintenance activities and resultant enforcement actions when restaurants are not in compliance with the ordinance. Responses to Findings 1 and 2 are required from: The City Councils of: Anaheim Laguna Beach San Juan Capistrano Brea La Habra Santa Ana Buena Park La Palma Seal Beach Cypress Los Alamitos Stanton Fountain Valley Newport Beach Villa Park Fullerton Orange Westminster Garden Grove Placentia Yorba Linda Huntington Beach San Clemente s Res.No.2001-41 And The Boards of Directors of: Aliso Water Management Agency Santa Margarita Water District Costa Mesa Sanitary District South Coast Water District E1 Toro Water District South East Regional Reclamation Irvine Ranch Water District Authority Moulton Niguel Water District Sunset Beach Sanitary District Midway City Sanitary District Trabuco Canyon Water District Orange County Sanitation District Yorba Linda Water District Rossmoor/Los Alamitos Area Sewer District 3. The Orange County Sanitation District, through its member agencies and the Orange County Health Care Agency have carried out public education efforts aimed at reducing cooking grease discharge from restaurants and residential sources. A Response to Finding 3 is from requested from the Orange County Health Care Agency A Response to Finding 3 is required from the Board of Directors, Orange County.Sanitation District and Orange County Board of Supervisors. 4. All Orange County restaurants are inspected on a regular basis by qualified Orange County Health Care Agency, Environmental Health Division Specialists. 5. Orange County Health Care Agency specialists do not routinely inspect restaurant grease traps/interceptors unless there is an obvious indication of malfunction, even though these inspections are thorough in all other aspects of sanitation and food safety. Responses to Findings 4 and 5 are required from Orange County Board of Supervisors and requested from the Orange County Health Care Agency RECOMMENDATIONS Under California Penal Code Sections 933 and 933.05, each recommendation requires a response from the government entity to which it is addressed. These responses are submitted to the Presiding Judge of the Superior Court. Based upon the findings, the Orange County Grand Jury recommends that: 6 Res. No. 2001-41 1- All Orange County wastewater collection and/or treatment agencies form a coalition for the purpose of formulating a standardized grease discharge ordinance for use by all affected wastewater collection and/or treatment agencies. (Finding 2) 2. This ordinance should carry enough enforcement power to effectively prevent cooking grease from being discharged by restaurants and should include a vigorous inspection schedule, maintenance criteria and clearly defined enforcement procedures and sanctions where violations are noted. (Finding 2) 3. All Orange County wastewater collection and/or treatment agencies should carry out aggressive grease discharge prevention education and training programs aimed at individual restaurant owners and staff in their respective jurisdictions. Due to the high turnover in both restaurant businesses and workers, this effort should be carried out continually, countywide, throughout the year. (Finding 3) 4. Completion of training programs should be made a condition for wastewater discharge permit issuance to all new applicants, where discharge permits are required. This educational program should also contain a component directed toward owners and/or managers of large housing complexes. (Finding 3) Responses to Recommendations 1 -4 are required from: The City Councils of: Anaheim Laguna Beach San Juan Capistrano Brea La Habra Santa Ana Buena Park La Palma Seal Beach Cypress Los Alamitos Stanton Fountain Valley Newport Beach Villa Park Fullerton Orange Westminster Garden Grove Placentia Yorba Linda Huntington Beach San Clemente And The Boards of Directors of: Aliso Water Management Agency Orange County Sanitation District Costa Mesa Sanitary District Rossmoor/Los Alamitos Area El Toro Water District Sewer District Irvine Ranch Water District Santa Margarita Water District Moulton Niguel Water District South Coast Water District Midway City Sanitary District South East Regional Reclamation Authority Res. No.2001-41 Sunset Beach Sanitary District Yorba Linda Water District Trabuco Canyon Water District 5. The Orange County Health Care Agency should require, and then routinely inspect and review grease trap/interceptor maintenance logs to be accurately kept by restaurant operators to assure proper emptying and cleaning frequency of these devices. This log review should be made part of the Health Care Agency's regularly scheduled restaurant food safety inspection visit procedures. (Findings 4 and 5) A Response to Recommendation 5 is requested from the Orange County Health Care Agency. A Response to Recommendation 5 is required from the Orange County Board of Supervisors s Res. No.2001-41 423 GRAND JURY PROCEEDINGS 1933.6 (d) %.s used in this section "agency" includes a department. § 933.06. Vacancies an grand jury; report submitted by uu=i- (Added by Statt.1961, c 1284, P. 3064, § 1. Anterded by mous-vote of remaining jurors; conditions 5tars•I963, c 674,p. 167& § 1; Stau.1974, c 393,p• 977, § 6; (a) Notwithstanding Siettious 916 and 940,in a county having Stact1974, r- 1396,p. 3054, § 3, Siam1977, c 107,p. 539, 16, a population of 20,000 or less,a final report may be adopted and 5ta1s.1977, c 187,p. 709, § 1,- S1att,1980, c. 543, p. 1499, § 1; submitted pursuant to Section 933 with the concurrence of a Stars.1981, c.203,A 1126, § 1; Stau1982, c. 140$A 5365,§ 5; least r 10 grand jurors if all'of the,fallowing'eonditions are met: seam1985. a.221,§ 1, urgency, off.July IZ 1985, Siam1987, c (1) The grand jury consisting of 19 persons has been impan- 690 ¢ 1: Sratr.198$ c. 2297, ¢ 5; 5tarz1997, c 443 (AB.829), eled pursuant to law,and the membership is reduced from 19 to § 4. Stan.199a C.230('La 1907),§ 2.) - fewer than 12- § 933.05. Responses to findings (2) The vacancies have not been frilled pursuant to Section (a) For purposes of subdivision(b)of Section 933,as to each 908.1 within 30 days from the time that the clerk of the superior grand jury finding,the responding person or entity shall indicate court is given written notice that the vacancy has occurred. one of rbe following: - (3) A final report bas not been submitted by the grand jury (1) -Me respondent agrees with the finding, pursuant to Section 933. (2) The respondent disagrees wholly or pa.-tiaily with the (b) Notwithstanding Section 933, no responsible officers, Ending, in which case the response shall specify the portion of agencies,or departments shall be required to comment on a final the finding that is disputed and shall include an explanation of report submitted pursuant to this section. (Added by Si=1994, the ressans therefor. G 1085(S.B.1465),§ 1.) (b) For purposes of subdivision(b)of Section 933,as to each i 5a is enrolled bill grand jury recommendation, the responding person or entity 433.E Redevelopment agencies,housing authorities,or Dint shall report one of the following actions; § P � es+ g J (1) The recommendation has been implemented, with a powers agencies; examination of books and records; per- surnmary regarding the implemented acdon. 'formanae of duties (?) The recommendation has not yet been implemented,but A�d jury may at any time examine the books and records will fix implemented in the future, with a tlemen implemented, for of a redevelopment agency, a housing authority, created pursu- ill be ant to Division 24 (commencing with Section 33000) of the impHealth and Safety Code, or a joint powers agency created (3) The recommendation requires.further analysis, with an pursuant to Chapter 5 (commencing with Section 6500) of explanation and the scope and parameters of an analysis or Division 7 of Title i of the Government Code,and,in addition to study, and a timehame for the matter to be prepared for any other investigatory powers granted by this chapter, may discussion by the officer or head of the agency or department investigate and report upon the method or system of performing being investigated or reviewed• including the governing body of the duties of such agency or authority. (Added by Stam 1979, c the public agency when applicable. 'This timeframe shall not 305, p. 1124, § 1. Amended by Stats.1986, c 279, § 1.) exceed six months from the date of publication of the grand jury report . ' § 933S. Special-purpose assessing or taxing district; local (4) The recommendation will not be implemented because it agency rormation commission; examination of books and k not warranted or is not reasonable, with an explanation records; performance of duties therefor. A grand jury may at any time examine the books and records (c) However,if a finding or recommendation of the grand jury of any special-purpose assessing or taxing district located wholly addresses budgetary or personnel matters of a county agency or or partly in the county or the local agency formation commission dcoarmcnt headed by an elected officer, both the agency or in the county,and, in addition to any other investigatory powers. department head and the board of supervisors shall respond if granted by this chapter, may investigate and report upon the requested by the grand jury, but the response of the board of method or system of performing the duties of such district or supervisors shall address only those budgetary or personnel commission. (Added by Stats.1961, c 1461, p. 3313, § matters over which it has some decisionmaking authority. The Amended by Starr.1969, e 931,p. 1870, § 1; Stars.1979, c.306,p- response of the elected agency or department hc_d shall address 1124,§ 1.) all aspects of the findings or recommendations affecting his or her agency or department § 933.6. Nonprofit corporations established by or operated on (d) A grand jury may request a subject person or entity to behalf of a public entity; examination of books and records; come before the grand jury for the purpose of reading and investigation and report art performance of duties discussing the findings of the grand jury report that relates to A grand jury may at any time examine the books and records that Jerson or entity in order to verify the accuracy of the of any nonprofit corporation established by or operated an findings prior to their release. - behalf of a public entity the books and rccords of which it is (c) During an investigation,the grand jury shall meet with the authorized by taw to examine, and, in addition to any other subject of that investigation regarding the investigation,unless investigatory powers granted by this chapter,may investigate and the court,either on its own determination or upon request of the rt:porr upon the mcihod or system of performing the duties of forenerson of the grand jury, determines that such a-mectmg such nonprofit corporation_ (Added by Stars.1986 c. 279, § 2.) wouid be detrimcntal (f1 A grand jury shall provide to the affected agency a copy of ARTICLE 3. LEGAL AND OTHER ASSISTANTS the Portion of the grand jury report relating to that person or FOR GRAND JURIES' entiry two working days prior to its public release and after the aPPTOval of the presiding judge. No officer,agency,department, Section or governing body of a public agency shall dMosc any contents 934. Advice from judge,district attorney,county counsel".or Of the report prior to the public release of the final report Attorney General; action by Attorney General. AAdded by Stars.19K c 1170 (S.B.1457), § 1. Amended by 935. ' Appearance of district attorney. StQMlpg7,c 443'(A.B.829),1 5.) 936. Special counsel and investigators. Res. No.2001-41 § 926 CRIMINAL PROCEDURE:" 422 p. 539, § 4; Stam1982, c. 441,p. 1810, § 1; Statt.1988,.c. 1297, fund of the county upon warrants drawn by the county auditor ¢ 4.5.) upon the written order of the judge of the superior court of the Crass Refereisas county. (Added byStau.1959,c 501,p. 2450,§ 2.) Payments to grand jurors and witnesses,see Government Code§ 29603. Cross Refereaces '6jp nditures of grand jury c=ceding budget, see Penal Code § 914"5, § 927. Salaries of county-elected officials; report Expenses of grand jury as county charges,see Government Code§ 29603. tl grand jury ata-y­, a­na-wlieo requested-try tltc 6ard_of"'.. _ supervisors shall, investigate and report upon the needs for § 932. Order directing district attorney to institute actions for increase or decrease in salaries of the county-elected officials. A recoveit7'of money due county copy of such report shall be transmitted to the board of After investigating the books and accounts of the various supervisors. (Added by Stau.1959, c. 501, p, 2450, § 2. officials of the county, as provided in the foregoing sections of Amended by StamI970, c. 1513,p.3014, § 62; Srars.1976,c 481, this article,the grand jury may order the district attomey of the P. 12-14§ 1.) county to institute suit to recover any money that, in the judgment of the grand jury, may from any cause be due the Cross References county. The order of the grand jury,certified by the foreman of Report or recommendation only after investigation, see Penal Code the grand jury and filed with the county Clerk Of the county,shall § 939.9. be full authority for the district attorney to institute and maintain any such suit. (Added by .Stam1959, t. 501, p. 2450, § 2.) § 92& Needs of county officers; report Every grand jury may investigate and report upon the needs of crass Bert pas ecommendation only after investigation, see Penal Code all. county officers in the county, including the abolition or Report or r§ 939.9. creation of offices and the equipment for, or the method or system of performing the duties of, the several offices. Such § 933," Findings and recommendations; copies of final report; investigation and report shall be conducted selectively each year. comment of governing bodies, elective officers, or agency The grand jury shall cause a copy of such report to be heads; definition transmitted to each member of the board of supervisors of the (a) 'Each grand jury shall submit to the presiding judge of the county. (Added by SramJ959, c 501,p.2450, § 2, Amended by superior court a final report of its findings and recommendations Srars.1976, c 895. p. 2056, § 5; Siam]980, c. 566,p, 1553, § 1; that pertain to county government matters during the fiscal or Srats.1981,t^800,p.5 c d 00,§ 5.) calendar year. Final reports on any appropriate subject may be Cram Refemc" submitted to the presiding judge of the superior court at any Repon or rccommcadazion only after investigation, see Penal Code time during the term of service of a grand jury. A final report § 939.9. may be submitted for comment to responsible officers,agencies, or departments,including the county board of supervisors,when § 928a. Repealed by Stats.1959,a 501,p.2443,§ 1 applicable,upon finding of the presiding judge that the report is in compliance with this title. For 45 days after the end of the § 929. Grand jury evidentiary material or findings; release to term. the foreperson and his or her designees shall, upon public of non-privileged matter, approval of judge reasonable notice,be available to clarify the recommendations of As to any matter not subject to privilege,with the approval of the report_ the presiding judge of the superior court or the judge appointed (b) One copy of each final report,together with the responses by the presiding judge to supervise the grand jury, a grand jury thereto,found to be in compliance with this title shall be placed may make available to the public part or all of the evidentiary on file with the county clerk and remain on file in the office of material, findings, and other information relied upon by, or the county cleric. The county clerk shall immediately forward a presented to, a grand jury for its final report in any civil grand true cm of the report and the responses to the State Archivist jury investigation provided that the name of any person,or facts who shall retain that report and aU responses in perpetuity. that lead to the identity of any person who provided information (c) No later than 90 days after the grand jury submits a final to the grand jury, shall not be released. Prior to granting report on the operations of any public agency subject to its approval pursuant to this section, a judge may requite the reviewing authority, the governing body of the public agency redaction or mashing of any part of the evidentiary material, shall comment to the presiding judge of the superior court an the findings, or other information to be released to the public findings and recommendations pertaining to matters under the including, but not limited to, the identity of witnesses and any contmi of the goveming body, and every elected county officer testimom or materials of a defamatory or libelous nature, or agency head for which the grand jury has responsibility (Added by Seats 1998, 79(513.2100),§ 1.) pursuant to Section 914.1 shalt comment within 60 days to the presiding judge of the superior court, with an information copy § 929.L Repealed by Stats1974,r:13%,p.3054,§ 2 seat to the board of supervisors,on the findings and recommen- dations pertaining to matters under the control of that.county § 930. Comments in report upon persons not indicted officer or agency head and any agency or agencies which that If any grand jury shad, in the report above mentioned, officer or agency head supervises or controls. In any city and comment upon any person or official who has not been indicted county, the mayor shall also comment on the findings and by such grand jury such comments shall not be deemed to be recommendations. All of these comments and reports shall privileged, (Added by Stam1959,a 501,p.2450,§ 2.) forthwith be submitted to the presiding judge of the superior Cry court who impaneled the grand jury. A copy of all responses to Charge,sec Penal Code 1 9I4. lid jury reports shall be placed an file with the cleric of the public agency and the office of the county"clerk, or the mayor when applicable,and shall remain on file in those offices. One § 93L Payment of expenses, copy shall be placed on file with.the applicable grand jury final All c=enses of the grand jurors incurred under this article report by, and in the control of the currently impaneled grand shall be paid by the treasurer of the county out of the getteral jury,where it shall be maintained for a minimum of five years. Res. No.2001-41 Res. No.2001-41 DRAFT July 16, 2001 The Honorable C. Robert Jameson, Presiding Judge of the Superior Court 700 Civic Center Drive West Santa Ana, CA 92701 Dear Judge Jameson: Subject: 2000-2001 Orange County Grand Jury report entitled "Sewage Spills, Beach Closures — Trouble in Paradise?" The following responses from the City of Huntington Beach pertain to the 2000 --2001 Orange County Grand Jury report entitled "Sewage Spills, Beach Closures — Trouble in Paradise?" As requested, the City is providing a response to each of the required findings and recommendations of the report. Finding Number 1 Seventy-four percent of Orange County wastewater collection and/or treatment agencies require restaurants in their respective jurisdictions to have grease trapslinterceptors installed and 66% have discharge ordinances. City's Response to Finding Number 1 The City of Huntington Beach agrees with the finding. The City adopts by ordinance the ..Uniform Plumbing Code (UPC) whenever a new edition is issued. The City requires all new, remodeled and/or change-of-occupancy (C of O) commercial kitchens to install grease traps/ interceptors. Finding Number 2 Few wastewater collection and/or treatment agencies (27%) are using these discharge ordinances as a basis for grease traplinterceptor inspections and maintenance activities and resultant enforcement actions when restaurants are not in compliance with the ordinance. City's Response to Finding Number 2 The City of Huntington Beach agrees with the finding. After final approval of the grease traps/interceptors, the City has no other regular scheduled inspection, maintenance or enforcement program regarding commercial kitchen grease traps/ interceptors. Res. No.2001-41 DRAFT The Honorable C. Robert Jameson, Presiding Judge of the Superior Court July 16, 2001 Page Two Recommendation Number 1 All Orange County wastewater collection and/or treatment agencies form a coalition for the purpose of formulating a standardized grease discharge ordinance for use by all affected wastewater collection and/or treatment agencies. (Finding 2) City's Response to Recommendation Number 1 This recommendation requires further analysis. The City of Huntington Beach would be willing to participate in discussions on the formation of a regional standardized grease ordinance to augment the Uniform Plumbing Code (UPC). It is recommended that the Regional Sanitation Districts take the lead in establishing a regional panel, which would include building officials from various agencies, operators of municipal and district sewage systems, and other affected parties. It is unknown at this time if this document could be written and implemented within the timeframe stipulated under California Penal Code Section 933.05. Recommendation Number 2 This ordinance should carry enough enforcement power to effectively prevent cooking grease from being discharged by restaurants and should include a vigorous inspection schedule, maintenance criteria and clearly defined enforcement procedures and sanctions where violations are noted. (Finding 2) City's Response to Recommendation Number 2 This recommendation requires further analysis. Currently, the UPC establishes the guidelines for design, construction, installation and testing of grease interceptors for commercial kitchens. As stated in Recommendation Number One, the City of Huntington Beach is willing to participate in a regional discussion to formalize a regional standardized grease ordinance. The main goal of the committee could be to enhance the UPC to incorporate criteria covering maintenance of the grease trap/ interceptor by the private sector and any public sector inspections and enforcement policies dealing with grease traps/interceptors. Any regional discussion must also include the means of funding the additional programs to ensure its success. It is unknown at this time if this document could be written and implemented within the timeframe stipulated under California Penal Code Section 933.05. Res. No.2001-41 DRAFT The Honorable C. Robert Jameson, Presiding Judge of the Superior Court July 16, 2001 Page Three Recommendation Number 3 All Orange County wastewater collection and/or treatment agencies should carry out aggressive grease discharge prevention education and training programs aimed at individual restaurant owners and staff in their respective jurisdictions. Due to the high turnover in both restaurant businesses and workers, this effort should be carried out continually, countywide, throughout the year. (Finding 3) City's Response to Recommendation Number 3 This recommendation requires further analysis. The City of Huntington Beach would be willing to participate in discussions on the formation of regional public education and training programs. It is recommended that a regional agency such as the Orange County Health Care Agency, rather then individual cities or districts, take the lead in formulating the requirements and then implementing the program under its regional jurisdiction. Any regional discussion must also include the means of funding the additional programs to ensure its success. It is unknown at this time if this program could be implemented within the timeframe stipulated under California Penal Code Section 933.05. Recommendation Number 4 Completion of training programs should be made a condition for wastewater discharge permit issuance to all new applicants, where discharge permits are required. This - educational program should also contain a component directed toward owners and/or managers of large housing complexes. (Finding 3) City's Response to Recommendation Number 4 This recommendation requires further analysis. Currently the City of Huntington Beach, as well as the UPC, require only commercial kitchens to install grease traps/ interceptors. The City of Huntington Beach would be willing to participate in regional discussions on requiring large housing complexes to install and maintain grease traps/ interceptors. It is recommended that all Sanitation Districts and the Orange County Health Care Agency take the lead in establishing a regional panel which would include building officials from various agencies, operators of municipal and district sewage systems, and other affected parties. It would be the responsibility of this panel to formulate the requirements and the responsibility of the individual Sanitation Districts to implement the policy under its regional jurisdiction. It is unknown at this time if this program could be implemented within the timeframe stipulated under California Penal Code Section 933.05. Res. No.2001-41 DRAFT The Honorable C. Robert Jameson, Presiding Judge of the Superior Court July 16, 2001 Page Four If you have any questions or require additional information, please contact the Director of Public Works, Mr. Robert F. Beardsley, P.E.,at (714) 536-6437. Sincerely, Pam Julien Houchen Mayor P,JH:cf c: Orange County Grand Jury Ray Silver, City Administrator William Workman, Assistant City Administrator Gail Hutton, City Attorney Connie Brockway, City Clerk Ross Cranmer, Director of Building and Safety Howard Zelefsky, Director of Planning Robert F. Beardsley, Director of Public Works g:eng/kreiger/ocgi response Res. No. 2001-41 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 16th day of July, 2001 by the following vote: AYES: Boardman, Cook, Julien Houchen, Dettloff, Bauer NOES: None ABSENT: Green, Garofalo ABSTAIN: None City Clerk and ex-officio C erk of the City Council of the City of Huntington Beach, California