Reso 2014-854RESOLUTION NO. 2014 -854
A RESOLUTION OF THE COSTA MESA SANITARY DISTRICT
BOARD OF DIRECTORS DENYING THE APPEAL OF PATRICA LINSKY
467 ESTHER STREET, COSTA MESA
WHEREAS, the District has encouraged property owners to maintain their sewer
laterals to minimize the possibility of sewer spills; and
WHEREAS, towards that end the District's Board of Directors has established a
Sewer Lateral Assistance Program ( "SLAP ") to assist homeowners to maintain their
sewer laterals; and
WHEREAS, that SLAP requires that homeowners provide "before" CCTV videos
of the conditions of the lateral so that District staff can assess whether the lateral is
defective and /or in need of repair; and
WHEREAS, that SLAP further requires the submission of an "after" video to
show that the work was properly performed; and
WHEREAS, that SLAP may then authorize reimbursement of up to 50% of the
costs of repair (up to a maximum of $1250) for eligible repair and related costs; and
WHEREAS, Patricia Linsky, the homeowner at 467 Esther Street, Costa Mesa,
on June 27, 2014 submitted to the Costa Mesa Sanitary District receipts for
reimbursement and CCTV video for work performed by Cole Plumbing on her sewer
lateral: and
WHEREAS, staff reviewed and determined that Patricia Linsky did not meet the
criteria established by the Board for reimbursement under the SLAP because no
application or "before" video was submitted establishing the condition of the lateral
before repair work was performed; and
WHEREAS, staff had other concerns about the need for the repair work that was
ultimately performed by Cole Plumbing; and
WHEREAS, Patricia Linsky appealed the staff determination to the Board of
Directors on June 27, 2014; and
WHEREAS, the Board considered that appeal at a noticed public meeting held
on July 24, 2014;
NOW, THEREFORE, the Board of Directors DOES HEREBY FIND AND RESOLVE as
follows:
1. That the appeal of staffs denial of Patricia Linsky's reimbursement of lateral
repair and related costs under the District's SLAP was heard on July 24, 2014.
Linsky appeared and asked the Board to reimburse her costs even though she
did not comply with the requirements of the SLAP. District staff also provided
testimony.
2. That the facts established that it was undisputed that Linsky did not submit a
signed application or a "before' video before authorizing Cole Plumbing to
perform the work.
3. That District staff, in reviewing the "after" video and other evidence had concerns
as to whether the work performed at this residence was necessary.
4. That the Board found that the work did not meet the criteria for reimbursement
established under the SLAP. While the Board was sympathetic to the
homeowner, if the District were to authorize reimbursement for work that might
have been unnecessary, that it could encourage unnecessary work that would
constitute a gift of public funds and would not constitute good stewardship of the
District's money.
5. For all of the above reasons, the appeal was DENIED.
PASSED and ADOPTED on this 28th day of August 2014 by the following vote:
AYES: Perry, Ooten, Schafer
NOES: None
ABSTENTIONS: None
ABSENT: Ferryman;. Scheafer
Secretary of the Board President of the Board
STATE OF CALIFORNIA)
COUNTY OF ORANGE) SS
CITY OF COSTA MESA)
I, Noelani Middenway, Clerk of the Costa Mesa Sanitary District, hereby
certify that the above and foregoing Resolution No. 2014 -854 was duly and regularly
passed and adopted by said Board of Directors at a regular meeting thereof held on the
28th day of August 2014.
IN WITNESS WHEREOF, I have set my hand and affixed the sale of the
Costa Mesa Sanitary District, this 28th day of August 2014.