14 - SLAP Costa Mesa Sanitary District …an Independent Special District Protecting our community’s health and the environment by providing solid waste and sewer collection services. www.cmsdca.gov Memorandum To: Board of Directors From: Scott Carroll, General Manager From: Wendy H. Davis, Finance Manager Date: July 24 , 2014 Subject: Sewer Lateral Assistance Program (SLAP) Appeal Summary Staff received a letter of appeal for participation in the SLAP program from Ms. Patricia Linsky , the owner of 467 Esther Street, Costa Mesa , requesting a hearing. Staff Recommendation Staff is recommending that the appeal be denied. Analysis M s. Linsky states in the attached documents that she has followed the SLAP guidelines and was not made aware by her plumber that the program was suspended on March 25, 2014 d ue to a lack of funds . T herefore she could not “postpone or seek other bids ”. SLAP Program Requirements Summarized : 1. Before beginning work: Plumber provides property owner with CCTV which includes: date, footage c ounter; narration of address, date and plumber ; entire lateral line at a uniform speed of less than 30 feet per minute and stop for 5 seconds at broken sections, roots, misaligned joints or other defects. 2. Property owner submits application and the before CCTV video. 3. CMSD staff reviews the before CCTV video and contacts th e property owner to discuss the lateral’s condition and defects. 4. Plumber obtains a permit from CMSD before beginning repairs. 5. Plumber calls CMSD for inspection. 6. Property owner submits an after video and copies of paid receipts to CMSD.
Board of Directors J uly 24 , 201 4 Page 2 of 3 It appears to staf f that based on the paperwork summited by Ms. Linsky . • March 31, 2014 - s he received a quote for $8,916 from Cole Plumbing Services at which time she gave them a deposit to “Replace the waste removal system, install a two -way cleanout and excavate section o f front lawn including City permits, backfill”. • April 1, 2014 - Cole Plumbing pulled a permit to install a two -way cleanout and liner. • April 3, 2014 - Joe Limon inspected the work and signed off on the permit . • June 27, 2014 - request for appeal submitted to CMSD including receipts and CCTV video . When staff received the request for appeal along with the receipts and CCTV , it was determined that the requirements of the program were not followed. The District has never received an application from Ms. Linsk y. A CCTV video was submitted with the request for appeal and subsequently review by Steve Cano. Mr. Cano had difficulty determining when the CCTV video was shot since the date on the video w as April 23, 2008. The video did not include any narration but did not have a two -way clean -out . T herefore he assumed it was the before video. Mr. Cano’s review of the video determined that the lateral was clear and free of any deflects therefore no work was needed. The District has not received an after video to determine whether a liner was installed. Furthermore, after staff showed the video to Ms. Linsky, she admitted to staff that the work performed by Cole Plumbing may not have been warranted . She further acknowledged that she did not follow SLAP requirements. If she had, staff could have made suggestions to her and possibly avoided unnecessary and expensive repair work. Finally, staff believes approving the appeal will set a precedent not to follow SLAP requirements. Therefore, s taff is recommending that this appeal be denied since the program requirements were not followed and the program had been suspended at the time the work was completed. Strategic Plan Element & Goal This item supports achieving t he objective and strategy of Strategic Element No. 1 .0, Sewer Infrastructure , which states: Objective: Our objective is to collect and transport wastewater to meet the needs of existing and future customers. Strategy: We will do this by the careful management of the collection infrastructure using prudent planning and maintenance, with financial strategies to maintain sufficient capacity and respond to changing regulatory demands. Work Plan : Promote the District’s Sewer Lateral Assistance Program (SLAP). Legal Review Not applicable.
Board of Directors July 24, 2014 Page 3 of 3 Environmental Review Subject activity is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures “to list those specific activities which fall within each of the exempt classes”, and the District has adopted “CEQA Guidelines and Implementing Procedures” that state on page 6 “”Projects” d oes not include …. C. Continuing administrative or maintenance activities.” Financial Review There are sufficient funds available in the Sewer Lateral Program account to approve this appeal. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the July 24, 2014 Board of Directors regular meeting at District Headquarters and on District the District’s website. Alternative Actions 1. Approve the appeal for reimbursement. 2. Refer the matter back to staff. Attachments: Appeal letter and supporting documents.