Title
RESOLUTION NO. 2014-089 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING COUNCIL POLICY 570-01, SEWER LATERAL MAINTENANCE POLICY AND COUNCIL POLICY 576-05 TREES - PRESERVATION AS IT RELATES TO SEWER LATERAL MAINTENANCE
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RECOMMENDED ACTION
Recommended Action
Council adopt the resolution.
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SUMMARY
The proposed amendment to Council Policy 570-01 Sewer - Maintenance (CP570-01) defines the terms used in the body of the existing policy, clarifies the standard work associated with the replacement of the sewer lateral and clarifies responsibility for the costs associated with repairs due to damage caused by trees maintained by the City. In addition, Council Policy 576-05 Trees Preservation (CP576-05) amendment provides modified language to reference CP570-01 for any sewer lateral issue. The proposed modifications to both Council Policies will bring them into alignment.
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity qualifies for a Class 6 categorical exemption pursuant to Section 15306 [Information Collection] of the State CEQA Guidelines because the activity consists of basic data collection and evaluation of potentially deteriorated sewer manholes throughout the city. Thus, no further environmental review is required at this time. Although environmental review is not required at this time, once the scope of an individual project to be funded has been defined, environmental review will be required and the appropriate environmental determination will be made.
BOARD/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
The Current Council Policy 570-01 (CP570-01) was adopted by Resolution 9556, dated April 10, 1979 and amended by Minute Action on February 21, 1984 (Attachment 1). The Policy established that the property owner is responsible for the maintenance of his/her sewer lateral. It also gave direction as to the responsibility of the City and the property owner in repairing any damage caused to a sewer lateral by a City maintained Street Tree. The update to CP570-01 seeks to add further clarification of these responsibilities by defining the terms used in the Policy. The diagram below is now included in CP570-01.
The policy also clarifies specific actions to be taken when a Street Tree has damaged a sewer lateral. As shown in the attached strike out - underline version of CP570-01 (Attachment 2), the intent of the original policy establishing the property owner as the responsible party for the sewer lateral has not been changed or modified. The CP570-01 update includes modifications of the following items:
• Defines and establishes the maintenance responsibility for the connection point with a public sewer to be the City’s. This modification was done in an effort to protect and prolong the life of the Public Sewer. By only allowing City forces to maintain the public sewers at the connection point and the initial one foot of laterals, the City will control the integrity of the connection.
• Identifies City forces as an option to repair the private sewer lateral, on behalf of the property owner, for a set fee amount listed in the master fee schedule. This existing fee of about $10,000 is currently used for all new connections. This fee will be updated periodically to ensure all costs are fully recovered.
• Incorporates the document entitled “Sewer Lateral Replacement Process” to help guide those property owners who would like to repair the private sewer lateral through the use of a qualified contractor.
• City forces may no longer take actions to unblock private sewer laterals. City forces may only intervene if a street tree root was the cause of the blockage.
• The property owner shall have the burden of proving that a stoppage is caused by a street tree through the following methods: a) excavation of the root from its origin to the point of intrusion in the lateral; or b) written confirmation from a certified arborist based on analysis of a root sample that has been extracted.
• When the stoppage is determined to be caused by a street tree, the following table will be consulted:
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Location |
Action |
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Stoppage or the need for repair/replacement is in Sewer Lateral |
City will cause the work to be done and pay for valid expenses incurred by property owner in determining the location of stoppage-need for repair/replacement. |
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Stoppage or the need for repair/replacement is in Connection with the Building |
Property Owner will cause the work to be done. After completing repairs, expenses should be submitted to the City for review. Valid expenses will be reimbursed. |
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Stoppage or the need for repair/replacement is in Sewer Main/Connection Point with Public Sewer |
City will cause the work to be done and pay for valid expenses incurred by property owner in determining the location of stoppage-need for repair/replacement. |
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Stoppage or the need for repair/replacement is in both Sewer Lateral and Connection with the Building |
City crews will repair/replace the portion of pipe within the Public Right of Way (or City easement) and Property Owner will repair/replace that portion of pipe within Private Property and submit to the City for reimbursement |
• The location of blockage shall be determined by the property owner through Closed Circuit Televising (CCTV).
• If stoppage is determined to be in the public sewer or in the connection point to public sewer, the Property Owner shall notify the City within 48 hours.
Council Policy 576-05
In an effort to align the related Council Policies, CP576-05 Trees Preservation (Attachment 3), needs to be amended as a part of this exercise. CP576-05 amendment (Attachment 4), provides modified language to only reference CP570-01 for any sewer lateral issue.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently, the 500-foot rule found in California Code of Regulations section 18704.2(a)(1), is not applicable to this decision. Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods, and a Connected Community. This amendment establishes clarity, provides direction, and reinforces the responsibility of the residents for maintaining their private wastewater assets within the right-of-way and easements. The clarification of this Policy will serve to keep our neighborhoods strong as it seeks to focus Staff’s effort on minimizing sewer spills by preserving and restoring City owned wastewater infrastructure. Our community will grow stronger and become more connected by clearly communicating the responsibility of both the City and residents.
CURRENT YEAR FISCAL IMPACT
There is no direct impact to the General Fund. Sufficient Sewer Funds are available in the current sewer rehabilitation and maintenance budgets for Public Works to implement these clarifications and minor policy changes.
ONGOING FISCAL IMPACT
Regular ongoing maintenance will be budgeted from the Sewer Service Revenue Fund. Therefore there is no direct impact to the General Fund.
ATTACHMENTS
1. Council Policy 570-01 Sewer - Maintenance
2. Strike out - underline version of CP570-01
3. Council Policy 576-05 Trees Preservation
4. Strike out - underline version of CP576-05
5. Council Policy 570-01 REVISED
6. Council Policy 576-05 REVISED