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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. 2 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 91