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13 - Appeal to the SLAP Guidelines Protecting our community's health and the environment by providing solid waste and sewer collection services. www.cmsdca.gov Costa Mesa Sanitary District ….an Independent Special District Memorandum ITEM NO. 13 T o: Board of Directors From: Scott Carroll , General Manager Date: March 28 , 2013 Subject: Appeal to the Sewer Lateral A ssistance Program (SLAP) Guidelines Summary A CMSD resident that resides in the City of Newport Beach is requesting reimbursement from the District’s Sewer Lateral Assistance Program (SLAP). The resident did not follow program guidelines because she learn ed about SLAP seven months after the improvements were completed. S ta ff Recommendation That the Board of Directors: 1. Deny Ms. Slick’s appeal to request reimbursement from the Sewer Lateral Assistance Program because it will set precedent for not complyi ng with SLAP Guidelines. 2. Direct staff to work with the City of Newport Beach Building Department to ensure city staff directs residents within CMSD service area to District headquarters to obtain sewer permits. Analysis Attachment A is the guidelines to t he Sewer Lateral Assistance Program. Two key components in the guidelines are that “before” videos must not be older than three months and the improvements must be completed within six months from the SLAP application date. Ms. Maureen Slick, a CMSD resi dent that resides in the City of Newport Beach, submitted a SLAP application seven months after improvements were performed on her sewer lateral. Because the application did not meet the SLAP guidelines, staff denied the reimbursement. Board of Directors Ma rch 28 , 2013 Page 2 of 3 Attachment B is a written request letter from M s. Slick. Approving Ms. Slick ’s r equest will set precedent and could encourage more homeowners to request reimburs ement from the p rogram after their sewer improvements have been completed. Since program implementation, staf f has c o me across some issues that needed further clarification . The G eneral M anager has discretion over all decisions regarding SLAP and has made the following clarifications . If the Board disagrees with the decisions below, please advise staff. 1. When r esidents are reimbursed and don’t meet the maximum $1,800, can they reapply within five years to receive the remainder of funds? A. Yes. After a resident is reimbursed the maximum amount , he/she cannot reapply to the program for five years. 2. How does staff pr oceed when an application is submitted and approved, but the work is not completed? A. If work is not completed within six months, the application will be closed and the resident will not be reimbursed. However, before the six month deadline, residents can r equest an extension for up to an additional six months. If the extension has been approved and the work is still not completed after a year , than the application will be closed and the resident will not be reimbursed. 3. If a plumber is caught performing im provements without a permit, does staff penalize the resident and not allow him/her to participate in SLAP? A. No. However, the plumber will be charged the District’s permit fee and be required to participate in the District’s SLAP seminar. 4. Can a resident s till participate in the SLAP program after the improvements have been completed? A. Yes, if the work was performed within six months and the resident can demonstrate why the work was needed and an “after” video was submitted. Strategic Plan Element & Goal T his item adheres to Strategic Element 1 .0, Sewer Infrastructure , and Strategic Goal No. 1.9, Sewer Lateral Assistance Program. Legal Review Not applicable Board of Directors Ma rch 28 , 2013 Page 3 of 3 Financial Review Ms. Slick is requesting the District reimburse her $1,800 for the improvements made on her sewer lateral. Committee Recommendation Not applicable Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the March 28 , 201 3 Board of Directors regular meeting at District Headqua rters and on District’s website. Alternative Actions 1. Approve Ms. Slick’s appeal and direct staff to reimburse her $1,800 . Attachment s A: Sewer Lateral Assistance Program Guidelines B: Letter from Ms. Maureen Slick RESIDENTIAL SEWER LATERAL AND CLEAN OUT FINANCIAL ASSISTANCE PROGRAM Purpose: To assist and encourage residents to regularly clean and maintain their sewer lateral line . Homeowners are responsible for the entire sewer lateral from the building to the point of connection (including the connection) with Costa Mesa Sanitary District’s (CMSD) main line. Why: To prevent sewer backups and spills. Sewer spills cause very expensive damage to the interior of a house and the environment, particularly the beach es. What causes sewer spills: Laterals that are not regularly maintained become inoperable because tree roots enter the line and block the flow or misalign the pipe joints. Without regular maintenance, the damage becomes severe and excavation of the lateral is necessary. Regular maintenance will also remove other blockages including debris, rocks and grease. Contribution by the CMSD: CMSD will contribute 50% of the resident’s or Homeowners Association costs up to a maximum of $1,800 total per residentia l parcel as follows: • Up to 50% of televising the lateral interior • Up to 50% of cleaning the lateral • Up to 50% of the cost of installing a clean out • Up to 50% of lateral reconstruction costs Effective Date of Program: CMSD residents performing work after July 15, 2007 are eligible for the program. The program is only available for residential property, not for commercial or industrial property. How do I apply: Submit application to Costa Mesa Sanitary District, 628 W. 19 th Street, Costa Mesa, 92627. (94 9) 645 -8400 Program Limitations: Residents may only apply for participation in the program once every five years. CMSD’s General Manager has discretion over all decisions. Residents must cooperate by adhering to the Program Requirements shown on the App lication. APPLICATION RESIDENTIAL SEWER LATERAL AND CLEANOUT FINANCIAL ASSISTANCE PROGRAM Property Address : ________________________________________________________________ City : __________________________ Zip Code : ____________________ Owner’s First & Last Name : Owner’s Phone Number : _______________________________ _________________________ Owner’s Address If Different from Property Address : (Check mailed to this address) ________________________________________________________________ Is property part of a Homeowners Association? Yes No Occupant’s Name : Occupant’s Phone number : ______________________________ _____________________________ Description of Sewer Lateral Proble m: ______________________________________________________________ ______________________________________________________________ 1. Receivi ng financial assistance REQUIRES PRIOR APPROVAL OF THE WORK by CMSD . A “before” video of the sewer latera l interior must be submitted PRIOR to CMSD granting approval of the work and an “after” video is required prior to reimbursement. ALL REPAIR work requires a PERMIT (NO COST if resident is eligible for the Sewer Lateral Assistance Program). APPLICA TION (CONTINUED) 2. Video of the sewer lateral interior MUST have the date shown on the screen and a footage counter. The video must include the entire lateral line (house to main in the middle of the street). The camera must be moved through the line at a uniform rate but in no case at a speed greater than 30 feet per minute . The camera should be stopped for a minimum of 5 seconds at broken sections, root intrusion, misaligned joints or other defects. CMSD reserves the right to request a re -video of any video not sufficiently clear enough to determine need for lateral repair. 3. Cleanouts shall be installed just inside the private property line at the right -of -way, unless another location is approved by CMSD . 4. Inspection of the work by CMSD is required. Call Joe Limon at (714 ) 290-6831 at least two (2) hours in advance to schedule inspections. Work must be completed within six months. 5. If it is determined from television inspection that the homeowner’s lateral line is defective, it is recommended the own er solicit bids from at least three licensed plumbing contractors to ensure a fair competitive bid (C -42 or A for work in public right of way or C -36 for work on private property). 6. CMSD Staff will review lateral inspection videos within five (5) working d ays of receipt. Videos /DVD’s will be held at CMSD’s office for fifteen (15) days after reimbursement for pick up by property owner. Videos/DVD’s not claimed will be destroyed. As the owner of the above listed property, I agree to indemnify, defend and hold the Costa Mesa Sanitary District and its officers , employees and agents harmless from any and all claims or liability arising out of the work performed and actions taken in connection with the Sewer Lateral Assistance Program. Property Owner Signat ure : Date : _________________________________ ____________________________ VHS/DVD Pick Up Signature & Date ______________________________________________ BEFORE BEGINNING WORK ↓ 2. Property owner submits application & CCTV (VHS/DVD)  Submit a completed applic ation & a “before” video of sewer lateral to CMSD.  Videos older than three months are not acceptable.  Work must be completed within six months from application date. 1. Property owner calls a plumber for closed circuit television (CCTV )  Must have date and fo otage counter shown on the video screen.  Narration (of address, date, company) is required.  Must include the entire lateral line (house to CMSD main line in the middle of the street).  Camera must be moved through the line at a uniform speed less than 30 feet per minute to enable independent review and evaluation.  THERE ARE NO EMERGENCY REPAIRS - Snake a hole for drainage and CCTV for review. 3. Costa Mesa Sanitary District Staff reviews video  District Staff reviews videos & contacts property owner/manager to discuss. 4. Contractor obtains permit from CMSD before beginning repairs  Permits are free under the Sewer Lateral Assistance Program. 5. Contractor calls CMSD for inspection  Call (714) 290 -6831 for inspection. 6. Property owner submits an after video & receipts to the District  Property owner obtains an “after” video from contractor and submits to CMSD  Property owner submits copy of paid -in -full invoices for work contractor performed.  CMSD reimburses 50% of cost, up to $1800 to property owner/manager or Home owners Association (HOA) covering all four categories. (For properties subject to a n HOA, either the HOA applies or the HOA must grant the property owner written permission for the property owner to apply.) 7. Property owner pick s up “before” & “after” video from CMSD .  Videos not claimed after 15 days of reimbursement will be destroyed. BEFORE COMPLETING WORK AFTER WORK IS COMPLETED