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Minutes - Board - 2002-04-24(40-�, COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS SPECIAL MEETING APRIL 24, 2002 The Board of Directors of the Costa Mesa Sanitary District attended a duly noticed Special Meeting on April 24, 2002 at 12:00 p.m., in Conference Room 5A at the Civic Center, 77 Fair Drive, Costa Mesa. Directors Present: Arlene Schafer, Arthur Perry, Greg Woodside, James Ferryman, Dan Worthington Staff Present: Robin Hamers, Manager /Engineer; Tom Fauth, Assistant Manager; Joan Revak, Clerk of the District; Marc Puckett, District Treasurer; Alan Burns, Legal Counsel Others Present: Yefim Tsalyuk, Robin B. Hamers & Associates, Inc. Paul Guzman, Robin B. Hamers & Associates, Inc. Sewer Lateral Ownership and Maintenance Mr. Burns, Legal Counsel for the District, addressed the liability and damage issue related to sewer laterals. The laterals are private property, owned by the property owner they serve, and maintenance obligations are the property owner's responsibility. This applies for the entire lateral from the building to its point of connection with the sewer main in the street. Additionally, the trees are owned either by the city or by private owners who are near the sewer lateral and the District does not own any trees and cannot be liable for tree root intrusion in laterals it does not own or control. CMSD neither owns nor controls the laterals and should resist any liability imposed because of defects in the laterals, including defective construction, failure to maintain the lateral (tree roots) or failure to repair the lateral as it ages. The District has statutory immunity for negligent inspections or for failure to inspect. Mr. Burns further stated if the District sewer main causes damage to a lateral because it backs up or was not properly maintained, or if our contractor damages the lateral, the District should accept liability. In cases in which there may be issues of causation by both the lateral and the sewer main, the District should attempt to negotiate a proportional settlement. Mr. Guzman presented a demonstration of various sewer pipes