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Friday, July 30, 2021
Board of Directors Special Meeting
Time: 8:00 A.M.
IMPORTANT NOTICE REGARDING JULY 30, 2021 BOARD OF DIRECTORS SPECIAL MEETING
This meeting is being conducted utilizing teleconferencing and electronic means consistent with
State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19
pandemic.
***
The livestream of the meeting can be viewed by clicking the "Video" icon on this page (which will be
made available at the start of the meeting) or by visiting www.youtube.com/CostaMesaSanitary. In
accordance with Executive Order N-29-20, the public may only view the meeting online and not in
the District's Board Room.
***
To participate in the meeting by computer:
1. Copy and past the following into your browser - https://us02web.zoom.us/join
2. Enter the Meeting ID number - 811 7833 8173
3. Click "Join."
***
To join the meeting with a mobile device:
1. Download the Zoom app at the Google Play Store (for Android devices) or the App Store (for
Apple devices)
2. Open the Zoom app. Select "Join a Meeting."
3. Enter Zoom Meeting ID. Select "Join Meeting."
***
To join the meeting by phone:
1. Call 1-669-900-6833.
2. You will be asked to enter the Meeting ID number. Dial 811 7833 8173#
3. Lastly, you will be asked to enter your Participant ID. Press the # symbol again to bypass this
step.
***
Public Comments: Members of the public can submit any comments in writing for the Board of
Directors' consideration by sending them to the District Clerk, Noelani Middenway, at
nmiddenway@cmsdca.gov. Those comments will be made part of the official public record of the
meeting.
***
Obtaining Agenda Materials: The public is entitled to copies of all documents that are made part of
the agenda packet. If any document or other writing pertaining to an agenda item is distributed to
all or a majority of the Board after the packet is prepared, a copy of that writing may be obtained
from the District Clerk's Office.
***
In Compliance with ADA: Contact District Clerk, Noelani Middenway, at (949) 645-8400, 48 hours
prior to meeting if assistance is needed (28 CFR 35.102.35.104 ADA Title II).
A. Opening Items
1. Call Meeting to Order
2. Roll Call
3. Announcement of Late Communications
B. Public Comments
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C. Public Hearing
1. Public Hearing to Determine Whether the Owner or Others Are Responsible for a Sewer System Overflow at 1826
Pomona Ave, Costa Mesa; Whether the Owner Should Have Been Allowed to Abate the Spill; and Whether the Costs of
Abatement Were Reasonable
2. Opening Comments by President and District Counsel
3. Call the Matter for Hearing
4. Staff Presentation
5. Owner's Presentation
6. Concluding Comments
7. Public Hearing Closed
8. Board deliberates and renders its decision, directs District Counsel to prepare confirming resolution
D. Closing Items
1. Adjournment
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Friday, July 30, 2021
Board of Directors Special Meeting
Time: 8:00 A.M.
IMPORTANT NOTICE REGARDING JULY 30, 2021 BOARD OF DIRECTORS SPECIAL MEETING
This meeting is being conducted utilizing teleconferencing and electronic means consistent with
State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19
pandemic.
***
The livestream of the meeting can be viewed by clicking the "Video" icon on this page (which will be
made available at the start of the meeting) or by visiting www.youtube.com/CostaMesaSanitary. In
accordance with Executive Order N-29-20, the public may only view the meeting online and not in
the District's Board Room.
***
To participate in the meeting by computer:
1. Copy and past the following into your browser - https://us02web.zoom.us/join
2. Enter the Meeting ID number - 811 7833 8173
3. Click "Join."
***
To join the meeting with a mobile device:
1. Download the Zoom app at the Google Play Store (for Android devices) or the App Store (for
Apple devices)
2. Open the Zoom app. Select "Join a Meeting."
3. Enter Zoom Meeting ID. Select "Join Meeting."
***
To join the meeting by phone:
1. Call 1-669-900-6833.
2. You will be asked to enter the Meeting ID number. Dial 811 7833 8173#
3. Lastly, you will be asked to enter your Participant ID. Press the # symbol again to bypass this
step.
***
Public Comments: Members of the public can submit any comments in writing for the Board of
Directors' consideration by sending them to the District Clerk, Noelani Middenway, at
nmiddenway@cmsdca.gov. Those comments will be made part of the official public record of the
meeting.
***
Obtaining Agenda Materials: The public is entitled to copies of all documents that are made part of
the agenda packet. If any document or other writing pertaining to an agenda item is distributed to
all or a majority of the Board after the packet is prepared, a copy of that writing may be obtained
from the District Clerk's Office.
***
In Compliance with ADA: Contact District Clerk, Noelani Middenway, at (949) 645-8400, 48 hours
prior to meeting if assistance is needed (28 CFR 35.102.35.104 ADA Title II).
A. Opening Items
Subject 1. Call Meeting to Order
Meeting Jul 30, 2021 - Board of Directors Special Meeting
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A. Opening Items
Subject 2. Roll Call
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A. Opening Items
Subject 3. Announcement of Late Communications
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C. Public Hearing
To: Board of Directors
From: Scott Carroll, General Manager
Date: July 30, 2021
Subject: Public Hearing to Determine Whether the Owner or Others Are Responsible for a Sewer System Overflow at 1826
Pomona Ave, Costa Mesa; Whether the Owner Should Have Been Allowed to Abate the Spill; and Whether the Costs of
Abatement Were Reasonable
Summary
1826 Pomona Avenue is a small apartment complex that consist of seven (7) units. The property is located behind properties located at
1828 and 1834 Pomona Avenue. On the subject property is a private sewer pump station because the long driveway from street to the
property is sloped. Wastewater needs to be pumped up the sloped driveway to reach the District’s mainline on Pomona Avenue. See
Exhibit 1.
On February 25 and again on February 27, 2021, the property experienced sanitary sewer overflows (SSOs) that required District
contractor, CR Drains, to respond and relieve the blockage. Chapter 6.10 of the District’s Operations Code gives the District authority for
cost recovery. In this case, the District is seeking cost recovery for responding to both SSOs and relieving the blockage.
Recommendation
That the Board of Directors determine the following:
1. Whether the owner or others are responsible for sewer system overflows at 1826 Pomona Avenue, Costa Mesa; and
2. Whether the owner should have been allowed to abate the spill; and
3. Whether the costs of abatement were reasonable.
Analysis
Past SSOs at 1826 Pomona Avenue
The 2021 SSOs are not the first SSOs that occurred on this property. On June 17, 2015, the same property experienced an SSO where
District staff responded to relieve the blockage. See Exhibit 2. District staff believes the blockage occurred somewhere in the street right-
of-way before the mainline. See Exhibit 3. According to Section 6.02.020 of the District’s Operations Code, “the property owner shall
maintain the lateral that connects to District’s sewer main, including any portions that may lie within the public right of way or Costa Mesa
Sanitary District easement.”
The District required the property owner, Mr. Peter Bedford, to televise the lateral because in accordance with Operations Code Section
6.03.020(d), “property owners shall be required to cause an inspection of their sewer lateral prepared by a licensed plumber and utilizing
closed circuit television (CCTV) whenever a sanitary sewer overflow occurs at the property.” Mr. Bedford refuse to perform a CCTV on the
lateral because he believes the SSO was caused by the District’s mainline backwashing into the lateral.
Subject 1. Public Hearing to Determine Whether the Owner or Others Are Responsible for a
Sewer System Overflow at 1826 Pomona Ave, Costa Mesa; Whether the Owner
Should Have Been Allowed to Abate the Spill; and Whether the Costs of Abatement
Were Reasonable
Meeting Jul 30, 2021 - Board of Directors Special Meeting
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Type Action
Fiscal Impact Yes
Recommended Action That the Board of Directors determine the following:
1. Whether the owner or others are responsible for sewer system overflows at 1826 Pomona
Avenue, Costa Mesa; and
2. Whether the owner should have been allowed to abate the spill; and
3. Whether the costs of abatement were reasonable.
Goals 1.0 Sewer Infrastructure
1.1 Sewer Infrastructure - Prevent Sanitary Sewer Overflows (SSOs)
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Mr. Bedford believes his assessment is right because District staff did not continue to proceed trying to abate the condition of the lateral,
but the truth to the matter is that District staff overlooked following up abatement conditions due to other pressing issues. Staff is not
seeking cost recovery from the 2015 SSO because it’s been nearly six years past. However, the Board could consider adding the 2015
charges of $1,160.97 to the property tax roll, but staff is suggesting the Board seek legal advice from District Counsel before proceeding.
February 25 and 27, SSOs at 1826 Pomona Avenue
CR Drains is the District contractor that responds to SSOs after regular business hours, and on weekends and holidays.
February 25, 2021 SSO
CR Drains responded to the February 25 SSO at 12:30 am. It’s not known when the SSO started, but CR Drains received the call at
11:30 pm. Upon arrival, CR Drains observed water coming out the cleanout in the driveway. CR Drains checked the District’s mainline in
the middle of Pomona Avenue and noticed the water in the mainline is flowing as it should. CR Drains ran a jetter cleaning hose inside
the lateral 150’ to the District mainline to clear the blockage.
February 27, 2021 SSO
Mr. Bedford called CR Drains to indicate his complex is backing up again with sewage. When CR Drains arrived, the technician noticed
the water in the mainline is flowing properly, but the 6” cleanout near the sidewalk was holding water. When the private pump on the
property is activated, the technician observed water was coming up in the 6” cleanout. CR Drains technician advised Mr. Bedford that the
stoppage is on his property, and it’s his responsibility to relieve the blockage. Mr. Bedford approved CR Drains to snake the lateral. See
Exhibit 4.
While snaking the private sewer lateral, the technician hit obstruction approximately twenty feet before the District mainline (very similar
to the 2015 SSO). The technician was pulling out from the cleanout balls of wipes, toilet paper and debris that appears to be pieces of a t-
shirt. See Exhibit 5. Mr. Bedford took pictures of the technician pulling back the debris. See Exhibit 6. After the debris was removed the
lateral was clear of obstruction and flowing again. CR Drains technician recommends CCTV the lateral because the cleanout was holding
water, which is not normal. The Technician also checked the private sewer pump on the property and observed the pumps were operating
properly.
Cost Recovery and Abatement
On March 25, 2021 District Finance Department mailed a letter, with backup information, to Mr. Bedford in attempt to recover District
costs incurred from the two SSOs and from the 2016 SSO. See Exhibit 7. On March 26, 2021, the District Engineering Department
emailed a letter to Mr. Bedford requiring him to CCTV his lateral as per Section 6.03.020(d) of the District’s Operations Code. On April 6,
Mr. Bedford contacted District Engineer, Mark Esquer, to refute the District’s claim that the SSO was caused by his lateral. Mr. Beford
refused to CCTV the lateral because he believes CR Drains did not perform the job correctly on February 25 and that wastewater from
the mainline is backing up into the sewer lateral. Mr. Bedford requested to speak the District General Manager, Scott Carroll. See Exhibit
8
On April 8, 2021, General Manager Scott Carroll contacted Mr. Bedford. After GM Carroll listened to Mr. Bedford he emailed him pictures
taken by CR Drains of the sewer pump, which show rags/wipes inside the pump, along with pictures that show rags attached to the
snake. See Exhibit 9. GM Carroll informed Mr. Bedford that he will waive the cost from 2015 SSO because it was nearly six years ago.
Mr. Bedford believes he does not owe anything to the District because he believes the SSOs were not his fault. Mr. Bedford suggested
GM Carroll visit the property to see for himself the pump and what occurred on February 25 and 27. GM Carroll accepted Mr. Bedford’s
invitation. On April 27, 2021, the District Finance Department mailed a second notice to Mr. Bedford that did not include the cost recovery
for the June 17, 2015 SSO. See Exhibit 10.
On April 30, 2021, GM Carroll met Mr. Bedford and his property manager on the property at 1826 Pomona Avenue. Exhibit 11 are
pictures taken from the GM on April 30 . GM Carroll requested to see the pump station maintenance record and the video Mr. Bedford
recorded CR Drains snaking the lateral and removing the debris. Mr. Bedford did submit the pictures he took on February 27 (Exhibit 6).
On May 3, GM Carroll emailed Mr. Bedford to remind him send the pump station maintenance record and video recording of the SSO on
February 27. To date, the pump station maintenance record nor the video has been received from Mr. Bedford. See Exhibit 12.
On May 4 GM Carroll emailed Mr. Bedford the District’s final position regarding the February 25 and 27 SSOs. Staff believes the SSO
was not caused by the private pump station. The 2021 SSOs are consistent with the June 17, 2015 SSO when obstruction occurred in
the street right of way before the mainline. Staff believes the lateral has an offset on or near the street right-of-way. After the private
pumps are done shredding toilet paper and wipes, the materials will flow upstream in the lateral where the material will get stuck or
snagged on the offset. Overtime, the shredded toilet paper and wipes will build up at the offset causing an SSO. We believe shredded
toilet paper and wipes caused the SSOs on June 17, 2015 and on February 25, 2021. The February 27 SSO was caused by someone
living in the complex flushing down a t-shirt or large rag. The private pumps shredded the t-shirt or large rag, but the material got snagged
at the offset causing the system to backup on the private property.
On May 4, GM Carroll texted Mr. Bedford to check his email because the District corresponded its position regarding the SSOs on his
property. Mr. Bedford responded to GM Carroll, via text, to indicate his construction consultant, John Hillerman, will conduct a compete
evaluation of the causes including City of Costa Mesa codes and issues. Mr. Bedford informed GM Carroll that Mr. Hillerman will be
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contacting him when his full investigation is complete. To date, Mr. Hilleraman has not contacted anyone from the District, including GM
Carroll. See Exhibit 13.
After a month past with no communications from Mr. Hillerman or Mr. Bedford, District Finance Department mailed the third notice to Mr.
Bedford on June 8, 2021. See Exhibit 14. An additional month past with no communications from Mr. Hillerman or Mr. Bedford, so the
Finance Department mailed the fourth notice to Mr. Bedford on July 8, 2021. See Exhibit 15.
As mentioned earlier in this report, Chapter 6.10 of the District’s Operations Code gives the District authority for cost recovery. Section
6.10.030 of the chapter allows the responsible party to receive notice and due process before the District determines to place unpaid
charges on the property tax roll. On July 15, 2021 at approximately 4:40 pm, a co-occupant residing at Mr. Bedford’s official residency
accepted the notice from the District. In addition, on July 22, 2021, GM Carroll emailed Mr. Bedford a copy of the proof of service and
notice and on the same day, GM Carroll texted Mr. Bedford requesting he check his email. The following documents are included as
Exhibit 16:
Proof of service
District Notice
Email from District Engineer confirming Mr. Bedford’s residency
July 22, 2021 email from GM Carroll
July 22, 2021 text message from GM Carroll
July 25, 2021 email from GM Carroll
In accordance with Section 6.10.050 of the Operations Code, the responsible party shall be entitled to a hearing, which shall be an
informal opportunity to present evidence contesting his responsibility, the fact that the conditions constituted a threat to the public health,
safety or welfare, and the costs of the abatement. Today’s hearing complies with Section 6.10.050. If the Board determines Mr. Bedford is
responsible for the SSOs and the costs of abatement are reasonable, then the Mr. Bedford has thirty calendar days to pay the charges. If
he refuses to pay the charges within 30 days after the Board's decision than the charges will be placed on his property tax roll in the fall
2022.
Legal Review
District Counsel has reviewed and approved the resolution
Environmental Review
Consideration of placing charges on the property tax roll is an administrative matter and 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” does not include …. C. Continuing administrative or
maintenance activities.”
Financial Review
If approved by the Board, staff will place $1,320.86 on Mr. Bedford property tax roll for the property at 1826 Pomona Avenue. The charge
includes interest and late penalty fees applied to the July 8, 2021 invoice. If the Board wants to place charges from the 2015 SSO than an
additional $1,160.97 will be added to the tax roll. The charges do not include staff costs for preparing for today’s hearing, nor does it
include other related costs such as staff meetings, GM Carroll visitation to the property on April 30, 2021.
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the July 30, 2021 Board of Directors special
meeting at District Headquarters and posted on the District’s website at www.cmsdca.gov. This matter will be the subject of a hearing.
Alternative Actions
1. Do not approve resolution and direct staff to report back with more information.
File Attachments
Resolution.docx (18 KB)
Exhibit 1.pdf (792 KB)
Exhibit 2.pdf (1,984 KB)
Exhibit 3.pdf (153 KB)
Exhibit 4.pdf (272 KB)
Exhibit 5.pdf (726 KB)
Exhibit 6.pdf (686 KB)
Exhibit 7.pdf (5,075 KB)
Exhibit 8.pdf (942 KB)
Exhibit 9.pdf (2,643 KB)
Exhibit 10.pdf (228 KB)
Exhibit 11.pdf (1,097 KB)
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Exhibit 12.pdf (223 KB)
Exhibit 13.pdf (934 KB)
Exhibit 14.pdf (1,844 KB)
Exhibit 15.pdf (1,092 KB)
Exhibit 16.pdf (2,006 KB)
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C. Public Hearing
Subject 2. Opening Comments by President and District Counsel
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C. Public Hearing
Subject 3. Call the Matter for Hearing
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C. Public Hearing
Subject 4. Staff Presentation
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C. Public Hearing
Subject 5. Owner's Presentation
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C. Public Hearing
Subject 6. Concluding Comments
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C. Public Hearing
Subject 7. Public Hearing Closed
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C. Public Hearing
Subject 8. Board deliberates and renders its decision, directs District Counsel to prepare
confirming resolution
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D. Closing Items
Subject 1. Adjournment
Meeting Jul 30, 2021 - Board of Directors Special Meeting
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