10 - Claim No. 13-004 - Ohlaker Costa Mesa Sanitary District
…an Independent Special District
Protecting our community’s health and the environment by providing solid waste and sewer collection services.
www.cmsdca.gov
Memorandum
To: Board of Directors
Via: Scott Carroll, General Manager
From: Anna Sanchez, Administrative Service Manager
Date: June 27, 2013
Subject: Claim No. 13 -00 4 - Ohlaker
Summary
The Costa Mesa Sanitary District received a third party claim on May 28, 2013 for alleged
damages to a vehicle from a sewer manhole.
Staff Recommendation
Staff recommends the Board of Directors reject the claim .
Analysis
Attached is a claim form along with supporting document ation from Allstate Insurance
regarding their claim for alleged damages to their insured’s, Ms. Joneen Ohlaker’s , vehicle
from a sewer manhole o n the afternoon of March 24, 2013 . This claim has been
forwarded to the Special District Risk Management Authority (SDRMA), the District’s third
party administrator, to process.
The claimant alleges the damages were caused by a manhole at the location of Newport
Boulevard and Bristol Road. Staff inspected the location and found the nearest manhole
to this intersection is located underneath the 55 Freeway. Attached please find photos of
the manhole inspected. The photos indicate the manhole is in near perfect condition.
Upon review of District maintenance records, this manhole was last assessed when the
sewer mainline was cleaned, on March 4, 2013. There are no records on file that indicate
this area contained a hazardous condition, therefore, the District was never on notice.
ITEM NO. 10
Board of Directors
June 27 , 2013
Page 2 of 2
Rejection of the claim doe s not preclude the possibility of settlement of the claim but sets
the statute of limitations so resolution can be reached in a reasonable time .
Strategic Plan Element & Goal
This item complies with the objective and strategy of Strategic Element 5.0., Administrative
Management , which states:
“Objective: To create, maintain and implement policies and procedures to ensure sound
management of the District.”
“Strategy: We will conduct periodic reviews, refine and implement policies and
procedures, and assure the General Manager has the direction and tools necessary for
successful District operations.”
Legal Review
SDRMA will represent the District if the claimant pursues to recover costs for damages
after the Board rejects the claim.
Financial Review
There is no financial impact for rejecting the claim.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for the
June 27 , 2013 Board of Directors regular meeting at District headquarters and on Dist rict’s
website.
Alternative Actions
1. Direct staff to report back with more information
Attachment A : Claim No. 2013 -00 4
Attachment B: Photos of manhole located closest to Newport Boulevard and
Bristol Road