Reso 2008-749RESOLUTION NO. 2008-749
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
COSTA MESA SANITARY DISTRICT MAKING FINDINGS AND
CONCLUSIONS PERTAINING TO THE APPEAL OF SEWER SPILL
ABATEMENT CHARGES FOR 3030 HARBOR BOULEVARD
(ROYAL OAK PROPERTY SERVICES) (APN 418 - 151 -07)
WHEREAS, sewer spills occurred on October 5 and October 6, 2007, at 3030
Harbor Boulevard; and
WHEREAS, District responded after the owner /manager of the property's private
efforts were ineffectively employed to abate the spill; and
WHEREAS, District efforts included both Staff time and private contractor time
for which the District was obligated to pay the costs thereof; and
WHEREAS, the District Staff, pursuant to District Operations Code Section
7.09.050, charged the property with the costs of the abatement and provided
substantiating backup materials detailing the cost; and
WHEREAS, Mr. Steve Welch, representative of the property owner, requested a
hearing on the charges and a due process hearing as required by Section 7.09.050 was
set for January 24, 2008; and
WHEREAS, Mr. Steve Welch of Royal Oaks Property Services (the property
management company) asked for a continuance of that hearing because of a family
emergency and, as a result, that hearing was continued and held on February 28, 2008;
and
WHEREAS, Mr. Steve Welch of Royal Oaks Property Services was provided
with a copy of the materials upon which the charges were based, including photographs
of what was encountered and the bills from outside vendors; and
WHEREAS, a duly noticed hearing was held on February 28, 2008, and Mr.
Steve Welch, representative of the property management company, was provided an
opportunity to rebut the materials and evidence produced in the hearing by District
Staff;
NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary District,
having considered all of the evidence and argument by each side, does hereby
RESOLVE and make the following findings:
1. It is undisputed that a spill occurred on October 5, 2007. The spill was
large enough to cause raw sewage to exit the private property into the
public right -of -way of Harbor Boulevard.
2. District responded and its employees blocked the spill and vacuumed
what was on the street.
3. Property representatives were contacted.
4. Some clean out of the line was performed by C &R Drains, District's
contractor.
5. It is also undisputed that the spill was caused by grease build up in the
grease interceptor, which serves Daphne's and Wingnuts food service
establishments.
6. It is further undisputed that District personnel, including a representative
from EEC, Jim Kolk, had previously visited the property and advised the
property owners /managers of the need for maintenance of the sewer
system to prevent grease build up and sewer spill overflows. As part of
that visitation, the property owner /manager is advised of the federal and
state laws, the WDR order and the District's laws about sewer system
maintenance.
7. It was obvious from the evidence presented that there was grease build
up in the grease interceptor at the time of the occurrence.
8. A plumber (Benny Ang Gandana) did respond on October 5, 2007, but did
not have any line cleaning equipment. After the District's vactor truck left
the site, Darling, the management company's cleaning contractor, did
respond but only had limited capacity in the tank of the vehicle to pump
out the grease. As a result the job was not completed.
9. The next day (October 6, 2007) the sewer backed up again and caused
another spill in the driveway area to Target. The property owner contact
was called four times but there was no response.
10. Karl Dulake, District employee, blocked the spill and called the City for a
vactor truck and C &R Drains for a response.
11. The vactor truck cleaned the site and C &R Drains cleaned the lines. It
was obvious from the evidence presented that there was great build up in
the grease interceptor at the time of this second occurrence.
12. The property owner, business owner and /or management company was
on notice that frequent cleanings were necessary yet failed to adequately
address the problem. Mr. Welch represented that it had contracts or
arrangements with many plumbers to maintain the property.
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13. There was an attempt by the District to have the property owners or their
lessees or representatives respond, but the emergency nature of the
problem and the health and safety issues required action by the District
when prompt and effective responses were not forthcoming.
14. The District does not have an obligation to provide a property owner with
an opportunity to privately address spills. Although District will try to work
with the parties in that regard, the duty is on the owner / lessee /
management company to ensure that spills do not occur by taking
adequate measures beforehand. These measures were not taken despite
the District's considerable educational efforts and inspections to show the
importance of regular maintenance.
15. The charges were not unreasonable. Some of the costs were the costs to
the District charged by outside contractors. Employee costs were billed at
direct compensation plus reasonable equipment rental charges plus 20 %,
which is a reasonable and recognized overhead factor.
CONCLUSION
Having considered all of the above, the Board does hereby RESOLVE that the charges
of $4,722.02 are reasonable charges upon the property and the same are confirmed.
Please pay the above amount within 10 days of the date this notice was signed to avoid
further action.
NOTICE
Should you desire to challenge this decision, you may need to file a petition for writ of
administrative mandamus in the Orange County Superior Court in accordance with
Code of Civil Procedure Section 1094.5 within 90 days of the date of this decision.
PASSED AND ADOPTED by the Board of Directors of the Costa Mesa Sanitary District at
a regular meeting thereof held on the a�Lb day of 2008.
president
Secretary
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, Joan Revak, Clerk of the Costa Mesa Sanitary District, hereby certify that the
above and foregoing Resolution No. 2008 -749 duly and regularly passed and adopted
by said Board of Directors at a regular meeting thereof held on the 27th day of March
2008.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
the Costa Mesa Sanitary District, this AIA day of 2008.
Clerk oft Costa- Mesa Sanitary District
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