City gets to root of sewage problems

Barbara Diamond

City officials are asking homeowners to dig deep to get to the root

of costly and environmentally damaging sewer spills.

City officials on Tuesday tentatively approved a program that

would require property owners to pay to keep sewage lines initiating

from their homes -- called laterals -- from blocking up city mains,

resulting in spills. Estimates of homeowners’ costs range between

$2,000 and $10,000, but could go as high as $20,000 or even more. New

homes will be exempt for 10 years. Costs to the city have not been

calculated.

“We expect overall lateral problems to affect 20% to 25% of

[homeowners],” said David Shissler, head of the city’s Water Quality

Division.

Homeowners whose laterals are not “fully functional” will be put

on notice by the city with a courtesy letter making the property

owner aware of problems.

“A lot of people don’t even know what laterals are, and all of a

sudden they will get a letter -- and it’s a $10,000 letter,” Mayor

Cheryl Kinsman said.

Under the ordinance proposed Tuesday, notified homeowners would be

required to present the city with a certificate of compliance within

a specified amount of time or face punitive action.

City staff defined a fully functional lateral as “structurally

sound, free of impediments, is maintained in a safe and sanitary

condition, does not cause obstruction within the public sewer and is

not deemed a public nuisance.”

“Plumbers are salivating throughout town,” said David Schaar, a

Realtor and resident.

City staff worked with the Wastewater Advisory Committee to

develop the proposed ordinance in response to an Environmental

Protection Agency mandate to “address roots entering city sewers from

private laterals.” The program is believed to be the first of its

kind in the country.

“We have a problem, and the EPA has mandated that we do something

about it,” said Rick Wilson, a Laguna Beach Surfrider Foundation

member. “Many of our members live here and are ready to take a

financial hit.”

“One option would have been for the city to take over the

laterals, but we knew we would never get that through the city

manager’s office door,” said Councilman Wayne Baglin, co-chair of the

Wastewater Advisory Committee.

Baglin said other options included seeking grants -- until the

state funds dried up or to do nothing -- for which the city would be

fined.

With about 8,600 dwelling units between the northern city limits

and Nyes Place, the costs to render 25% of them fully functional

would total more than $22 million, not to mention the costs for the

estimated 3,000 dwellings in South Laguna serviced by South Coast

Water District.

Roots cause more than 60% of all backups in the city sewer lines,

Shissler said.

Homeowners may not even be aware that their laterals are

problematic, particularly if they have been diligent in routing and

have experienced no backup on their property.

Gayle Waite owned a 1920s house in Laguna for 15 years and had only one backup, shortly after she bought the property.

“I roto-rooted every year,” Waite said. “The lateral was fully

functional in my mind.”

However, some legal issues are still hanging fire, she said.

The city knows where many at-risk properties are because about 60

of the 95 miles of Laguna’s sewer mains have been videotaped, and the

tapes document laterals that have visible problems. Videotaping of

suspect laterals has been proposed. The cost is $250.

Staff recommended that mandatory repairs, replacement or cleaning

of the laterals be triggered by remodeling that increased plumbing

fixture units by more than 50% or would adversely affect the lateral,

by a city review of a specific neighborhood that reveals problems

from a specific property, or at the sale of the property.

Eight of the 13 people who publicly commented on the program at

Tuesday’s two hour and 15 minute hearing were Realtors. They all

opposed the point-of-sale trigger, which they had learned about at a

presentation by the city staff that morning.

“Applying the program at point of sale is really scary,” Zolita

Scott said. “It may mean tearing up patios and landscaping. Sellers

in escrow are going to be the first victims.

Targeting at-risk neighborhoods had more support from Realtors.

“If we identified areas or do a massive citywide program, that

probably would reduce costs,” Rick Gold said. “Repairing five homes

on one street at a time would be more cost effective.”

About 500 homes are sold annually in Laguna Beach said Baglin, a

real estate broker.

Point of sale, if ever, is when homeowners would have the money to

pay for required repairs, replacement or cleaning of the laterals,

city officials said.

Under the ordinance, the responsible party would have 180 days to

rectify problems

“The city’s position is that whoever owns the property at 180 days

out is responsible,” Baglin said.

A revised proposal will come back to the council in February.

Triggers and timing will be under consideration.

“I think we need the ordinance, and most aspects of it make

sense,” Councilwoman Elizabeth Pearson said. “But I would prefer to

see some phasing that would allow time to educate the public and for

people to consider their options.

Pearson and the mayor questioned the required maintenance, repairs

or replacement of laterals on at-risk properties not for sale. The

financial burden may be more than some homeowners can bear, they

said.

“I don’t mind paying my share, but having to indenture myself or

be forced to sell are issues that that need to be more carefully

considered,” said longtime resident Leah Vasquez, an artist and

former Arts Commission chair.

Pearson said the city has seniors who own million-dollar homes but

are living on Social Security, and many residents are on fixed

incomes. They need protection.

“I think you are introducing more problems and litigation,”

Realtor and resident Bobbi Cox said.

City Atty. Philip Kohn said that the proposed ordinance is on the

cutting edge and he could not cite case law on possible litigation.

However, a fair and reasonable argument could be made that the

ordinance is within the city’s police powers, he said.

“Can I give an ironclad assurance that it would stand up if

challenged? No,” Kohn said.

“This ordinance is in the preliminary stage,” Kinsman said. “We

have to work out details such as who pays for the crews and

supervisors of lateral repairs that include public streets or rights

of way.”

Shissler said the staff fully expects to make changes.