COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Department of Public Works

DATE:

March 10, 2003

BOARD MEETING DATE:

March 25, 2003

TO:

Honorable Board of Supervisors

FROM:

Neil R. Cullen, Director of Public Works

SUBJECT:

Sewer Lateral Repair/Maintenance – Sewer/Sanitation Districts Governed by the Board of Supervisors

Recommendation

1.

Adopt an ordinance amending Section 4.24.120 et. seq. of the County Ordinance Code to define:

a.

the limits of responsibility of the sewer/sanitation districts (districts) for sewer laterals;

b.

the conditions whereby the districts will provide emergency maintenance for a property owner’s sewer lateral; and

c.

the conditions when a property owner will need to repair or replace their sewer lateral.

2.a.

Determine if your Board wishes to consider changes in the ordinance code that will provide that a sewer/sanitation district(s) would assume overall responsibility for the portion of a property serving sewer lateral that is located in the public street or easement if desired by the property owners in a district(s). The cost of providing this additional service would require an increase in the sewer service charge levied by the specific district(s).

2.b.

If your Board determines that you wish to consider changes in the ordinance as described in Paragraph 2.a. above, direct staff to return with the necessary resolution to determine a time and date of a public hearing in order to consider an increase in the cost of financing the additional service, concurrently with the ordinance that would provide for the additional service. Staff estimates that the increase in the sewer service charge to finance the service would be $100 per year per connection.

Previous Board Action

Adopted Chapter 24 of the Ordinance Code that establishes various rules and regulations for the sewer/sanitation districts governed by your Board.

Adopted a resolution determining that sanitary sewer laterals - where such sewer laterals are located within County roads proposed for reconstruction - are encroachments, and directing the Director of Pubic Works to give notice to the property owners that the County will relocate said encroachments, if relocation is necessary, at the expense of the property owner as provided by Section 1485 et. seq. of the Streets and Highways Code, if the agency providing sewer service is not responsible for the sewer laterals.

Key Facts

1.

The current provisions of Chapter 24 of the Ordinance Code do not specifically define the districts’ limit of responsibility for maintenance and repair of facilities that serve an individual property.

2.

The San Mateo Highlands Association and the Baywood Park Association, two homeowners associations in the Crystal Spring County Sanitation District, have requested that the district become responsible for the maintenance/repair/replacement of the sewer lateral in the street or easement area.

3.

We believe the revenue to finance the cost of providing the additional service should be considered concurrently with your Board’s consideration of providing the service.

4.

The State Constitution as amended by Proposition 218 requires an individual notice of a hearing on any new or increased property related fee.

Discussion

Responsibility for the Repair/Replacement of Sewer Laterals

Your Board is the governing board of nine sewer/sanitation districts that provide sewer service to various areas of the County. The districts are the Burlingame Hills, Emerald Lake Heights, Fair Oaks, Harbor Industrial, Kensington Square and Oak Knoll Sewer Maintenance Districts; and the Crystal Springs, Devonshire and Scenic Heights County Sanitation Districts. The districts range in size, with the smallest being the Scenic Heights County Sanitation District that serves 52 properties in the Palomar Park area behind San Carlos, to the Fair Oaks Sewer Maintenance District that serves 7,305 properties in the unincorporated areas of North Fair Oaks and the Sequoia Tract, as well as parts of Redwood City, Atherton and Woodside.

It has been the policy in the districts to provide emergency sewer service in terms of clearing blockages in the portion of the property sewer lateral that is in the road or easement area if a sewer cleanout meeting the districts’ standards is in place. However, property owners who have broken or damaged sewer laterals have argued that the districts should also repair or replace their damaged lateral in the road or easement area since we have agreed by policy to do emergency maintenance.

We developed a draft ordinance that amends Section 4.24.120 to clarify that overflow and backflow valves are to be placed on building laterals, and specifies that the repair and replacement of the sewer lateral is not the districts’ responsibility on the premise that:

a.

the sewer lateral only serves single properties;

b.

the districts were not involved in a number of the inspections and installation of a number of laterals that were installed as part of building construction, and

c.

the other rate payers in the districts would essentially be paying the cost to repair an individual lateral as each district is almost entirely financed by sewer service charges levied on the parcels within the respective district.

Notifications Sent

We sent letters to the known homeowners associations, advisory groups or city staff in the area served by the nine sewer sanitation districts governed by your Board; and we met with the Fair Oaks Council (Fair Oaks Sewer Maintenance District) and the San Mateo Highlands Community Association (Crystal Springs County Sanitation District) to discuss the proposed ordinance. We also received letters from the Devonshire Homeowners Association (Devonshire County Sanitation District) and the Baywood Park Homeowners Association (Crystal Springs County Sanitation District).

The Fair Oaks Council has approved the proposed ordinance; and we responded to the other three associations that the proposed ordinance did not shift the responsibility from the County to the district, but clarified what the districts’ responsibility would be. The San Mateo Highlands Association and the Baywood Park Association recommended that the maintenance responsibility be that of the district and we have explained the impact that this could have on their sewer service charges. We did not hear back from the Devonshire Homeowners Association.

Proposed Recommended Ordinance Provisions

As stated previously, it has been the policy in the districts to provide emergency sewer service in terms of clearing blockages in property sewer laterals if a sewer cleanout meeting the districts’ standards is in place. We believe that we should continue with this service as it alerts staff to stoppages that may be in the mainline sewer; and staff can also advise the property owner as to the condition of the owner’s sewer lateral when the emergency service is provided. However, we are recommending language in the proposed ordinance revision that specifically provides that:

a.

districts do not assume responsibility for the repair or replacement of sewer laterals, even if it is alleged that damage was done as a result of the district providing emergency maintenance service to the property owner;

b.

property owners will be notified that the districts will not provide emergency maintenance on the lateral until such time as the lateral is repaired if it is determined that the need for continuing emergency maintenance is a result of the lateral being in a damaged condition; and

c.

property owners are required to repair or replace their lateral by a date certain if it is determined to be in a condition that will cause stoppage to occur, and the property owner will be subject to the provisions of Section 1.12.010, Abatement of Nuisances, of the Ordinance Code if the work is not done by the required date.

Proposed Ordinance Provisions to Provide Additional Services in the Crystal Spring County Sanitation District

We have also developed alternate ordinance language for Crystal Springs County Sanitation District (District) to address the recommendations of the two homeowners associations. The language provides that the District will provide emergency maintenance similar to the other eight districts, and that the District will be responsible for the maintenance and repair of the sewer lateral in the street or easement, if a cleanout meeting District standards exists or is installed at the property line or easement line. The ordinance also provides that property owners are required to replace the “wye” branch and cleanout when replacing the lateral on their property and other damaged sewer pipe as determined by the District. This is being proposed as the cleanout normally has to be removed to facilitate sewer lateral replacement, and we have had issues in the past where the contractor for the property owner claims the cleanout was damaged before they removed it to facilitate their work.

However, we are recommending that if your Board wishes to consider the additional language that you direct staff to return with a resolution establishing a time and place to consider both the ordinance language as well as the associated charges to finance the cost of the additional service proposed. The notice of the public hearing and the consideration of the increase in the sewer service charge will have to be sent to each individual property owner as required by the provision of the State Constitution. In addition, there is a question as to whether the charge could be levied if there was a majority protest.

Other Agencies Contacted

We also contacted other agencies to determine if sewer lateral maintenance and repair service is generally provided. The attached summary, we believe, demonstrates that in providing lateral maintenance is determined on a “by agency” basis.

Other Proposed Changes in the Ordinance Code

Staff is currently reviewing district standards associated with the types of material that can be used to construct cleanouts and laterals and for the installation of overflow and backflow devices. We will be bringing additional proposed recommended changes in the Ordinance Code to your Board for your consideration as soon as our review of these standards is complete. We will also be surveying the districts’ systems to determine which properties should be required to have overflow devices or backflow devices as sewer overflows within a structure is highly undesirable, and the districts have not been successful in avoiding costs associated with cleaning up sewer overflows into structures, based on the current language in the Ordinance Code.

Vision Alignment

We believe our recommendation is consistent with the Shared Commitment to “ensure basic health and safety for all,” and Goal Number 20, “government decisions are based on careful consideration of future impact, rather than temporary relief or immediate gain,” as clearly defining both the districts’ and the property owner’s responsibility will ensure that emergency service is continued to be provided and that necessary sewer lateral repairs are completed in a timely fashion.

Fiscal Impact

The estimated cost of providing emergency service to a property during regular business hours is $65 per hour, and $98 per hour for the service during non-working hours. The maintenance of the sanitary sewers is financed by districts, which are funded by sewer service charges established for each district and charged to property owners within the districts.

There is no impact to the General Fund.

The estimated cost of replacing a sewer lateral is approximately $2,500. The design life of a sewer lateral is 40 to 50 years; however, laterals typically function for several years longer than the assumed design life. This cost would be paid for by the property owner at the time the lateral was repaired or replaced.

The additional language as requested for the Crystal Springs County Sanitation District (District) would shift the cost of repairing laterals to the specific district. This would require an increase in the Annual Sewer Service Charge of $100 per connection per year, assuming the average useful remaining life of the lateral is 25 years as the current SSC provides for the cost of collecting, transporting and treating the wastewater and for sewer main capital replacement. It does not provide funds for lateral replacement. Attached is a table indicating the current SSC and the proposed SSC to finance the additional service in each district.

A form of ordinance has been approved by County Counsel.

A copy of this report has been sent to the known homeowners associations in the areas served by the districts, and we have also attached copies of the letters received together with our responses.