Sebastopol City Council
November 1, 2022

CITY OF SEBASTOPOL

CITY COUNCIL

AGENDA ITEM
Meeting Date: November 1, 2022
To: Honorable Mayor and City Councilmembers
From: Mario Landeros, Interim City Engineer
Subject: Approval of Out of Service Area Agreement for Sewer Connection at 286 Eddie Lane Recommendation: Adopt a Resolution Authorizing Connection to the City Sewer System for the parcel at 286 Eddie Lane, APN 060-290-008
Funding: Currently Budgeted: _______ Yes _______ No __X___ N/A Account Code/Costs authorized in City Approved Budget (if applicable) ___AK_______ (verified by Administrative Services Department) INTRODUCTION/PURPOSE:

This item is to request the City Council approve and adopt a Resolution allowing the property at 286 Eddie Lane to connect into the City sewer system.

BACKGROUND:

Bryan M. Doherty, Jr. and Marilyn Zick, Trustees for The Zick/Doherty Family Trust U/D/T March 17, 2000 (Owners) are the owners of property located at 286 Eddie Lane (Property), which lies outside the City and the City’s Sphere of Influence. Earlier this year in July Owners submitted to the City a request for allowing Property to connect to the City’s sanitary sewer system in Eddie Lane. Owners’ request includes an application for Out of Service Area Agreement (OSAA), documentation on Property legal status of existing legal non-conforming 3-bedroom single family rural residence within a Diverse Agricultural Zoning District, and documentation of an existing or impending threat to public health and safety due to the non-conforming failing septic system that includes a septic tank in poor condition thus necessitating the request for connection.

DISCUSSION:

Under Municipal Code Section 13.08.200, paragraph F, a connection permit for property outside of the City boundary may be issued pursuant to a City Council resolution approving an out of service area agreement subject to approval of the Sonoma County Local Agency Formation Commission (LAFCO), and under terms and conditions adopted and amended from time to time by the City.

Pursuant to LAFCO policies, the application for approval of an OSAA is to be filed by the City, and once LAFCO has determined that the application is complete, shall approve with or without conditions the OSAA only under enumerated conditions, including the following relevant conditions:
2) The affected territory is outside the applicant city’s or district’s jurisdictional boundaries and outside its sphere of influence, the new or extended services to be provided under the agreement are to respond to an existing or impending threat to the public health or safety of the residents of the affected territory, and the following requirements are met:
a. The applicant city or district has provided the Commission with documentation of a threat to the health and safety of the public or the affected residents.

Agenda Item Number 7
Agenda Item Number 7
City Council Meeting Packet for November 1, 2022

i. An existing on-site sewage disposal system may be deemed a threat to the health and safety of the public or the affected residents if it meets one or more of the following criteria, as determined by a County of Sonoma Permit and Resource Management Department Environmental Health Specialist:
(a) There is ponding or accumulation of wastewater or septic tank effluent at or above the surface of the ground.
(b) There is a lack of an unsaturated vertical soil separation between the bottom of a disposal field and seasonal high groundwater.
(c) There is a failure of the disposal field or septic tank to accept, treat, and dispose of wastewater in quantities discharged by the structure served. (d) The on-site septic system is within 50 feet of a well or other water source. (e) Any other condition associated with the operation or use of an on-site sewage system that could permit the exposure, either directly or indirectly, of individuals or domestic animals to inadequately treated wastewater.
3) The applicant city or district has the ability to provide the new or extended services to be provided under the agreement without adversely affecting current service levels within its jurisdictional boundaries, and the applicant city or district has approved the agreement. 4) The agreement is the preferred method of providing the new or extended services to be provided under the agreement.
5) The County of Sonoma has determined that the agreement is consistent with the Sonoma County General Plan.

Documentation prepared by a consultant Environmental Health Specialist of an existing or impending threat to public health and safety due to the non-conforming failing septic system that includes a septic tank in poor condition thus necessitating the request for connection was submitted to the Sonoma County Permit and Resource Management Department (PRMD) for review. PRMD has determined that the existing septic system meets the definition of a non-conforming septic system, the septic tank is in poor condition and the septic system is failing.

The City’s sewer system is located in Eddie Lane adjacent to the Property, and is available for the connection requested, and the system capacity is adequate.

GOALS:

This action supports the following City Council Goals and General Plan Actions:
• COS 5: Protect, manage, and enhance groundwater as a valuable and limited shared resource.

PUBLIC COMMENT:

As of the writing of this staff report, the City has not received any public comment. However, if staff receives public comment from interested parties following the publication and distribution of this staff report, such comments will be provided to the City Council as supplemental materials before or at the meeting. In addition, public comments may be offered during the public comment portion of the agenda item.

PUBLIC NOTICE:

This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to schedule meeting date.

FISCAL IMPACT:

Owners are responsible for all fees and charges, including but not limited to city staff reviews of application and plans, LAFCO application fee, costs for design, permits, construction and inspection, and standard user rates applicable for out of service area connections.

Agenda Item Number 7
Agenda Item Number 7
City Council Meeting Packet for November 1, 2022

RECOMMENDATION:

Staff recommends that the Sebastopol City Council adopt a resolution allowing the property at 286 Eddie Lane to connect to the City sewersystem,subject to an out ofservice area agreement approval of the Sonoma County Local Agency Formation Commission (LAFCO), and under terms and conditions adopted and amended from time to time by the City.

Attachments:
1 Resolution
2 Request Application for Out of Service Area Agreement 3 Location Map
Agenda Item Number 7
Agenda Item Number 7
City Council Meeting Packet for November 1, 2022

RESOLUTION NO. ________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTOPOL

APPROVING AN OUT OF SERVICE AREA AGREEMENT (OSAA) FOR CONNECTION TO THE CITY

SEWER SYSTEM AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE OSAA FOR THE LANDS OF BRYAN M. DOHERTY, JR. AND MARILYN ZICK, TRUSTEES FOR THE ZICK/DOHERTY FAMILY TRUST U/D/T MARCH 17, 2000, 286 EDDIE LANE, SEBASTOPOL, CALIFORNIA 95472 (APN 060-290-008) WHEREAS, Bryan M. Doherty, Jr. and Marilyn Zick, Trustees for The Zick/Doherty Family Trust U/D/T March 17, 2000 (“OWNERS”) are the owners of record of Assessor’s Parcel Number 060- 290-008 (“Property”), located at 286 Eddie Lane, Sebastopol, California, 95472; and WHEREAS, Property is located outside the City of Sebastopol’s jurisdictional boundaries and the City’s Sphere of Influence; and
WHEREAS, OWNERS submitted to the City a request for allowing Property to connect to the City’s sanitary sewer system in Eddie Lane; and
WHEREAS, OWNERS’ request includes an application for Out of Service Area Agreement (OSAA), documentation on Property legal status of existing legal non-conforming 3-bedroom single family rural residence within a Diverse Agricultural Zoning District, and documentation of an existing or impending threat to public health and safety due to the non-conforming failing septic system that includes a septic tank in poor condition thus necessitating the request for connection; and WHEREAS, pursuant to Municipal Code Section 13.08.200, paragraph F the City of Sebastopol may provide sanitary sewer service outside its jurisdictional boundaries pursuant to City Council approving an out of service area agreement subject to approval of the Sonoma County Local Agency Formation Commission (LAFCO), and under terms and conditions adopted and amended from time to time by the City, when an existing on-site sewage disposal system due to its failing substandard condition as determined by the Sonoma County Permit and Resource Management Department (PRMD) is a threat to the health and safety of the public or the affected residents; and
WHEREAS, the PRMD reviewed the documentation submitted by OWNERS and has determined that: the existing septic system meets the definition of a non-conforming septic system; the septic tank is in poor condition; and the septic system is failing; and WHEREAS, the City of Sebastopol sanitary sewer system is located in Eddie Lane adjacent to the Property, is available for the connection requested, and the system capacity is adequate.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Sebastopol, as follows:

1. Finds the foregoing recitals are true and correct.

2. Approves an Out of Service Area Agreement (OSAA) for sewer connection for property located at 286 Eddie Lane, Sebastopol, California, 95472, APN 060-290-008, subject to LAFCO approval and under terms and conditions adopted and amended from time to time by the City.

Agenda Item Number 7
Agenda Item Number 7
City Council Meeting Packet for November 1, 2022

3. Authorizes the City Manager to execute the OSAA.

The above and foregoing Resolution was duly passed, approved, and adopted at a meeting by the City Council on the 1st day of November 2022, by the following vote:

VOTE:

Ayes:

Noes:

Abstain:

Absent:

APPROVED: _______________________________________
Mayor Patrick Slayter
ATTEST: ______________________________________________________________________ Mary Gourley, Assistant City Manager/City Clerk, MMC
APPROVED AS TO FORM: __________________________________________________ Larry McLaughlin, City Attorney
Agenda Item Number 7
Agenda Item Number 7
City Council Meeting Packet for November 1, 2022

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Agenda Item Number 7
Agenda Item Number 7
City Council Meeting Packet for November 1, 2022

Agenda Item Number 7
Agenda Item Number 7
City Council Meeting Packet for November 1, 2022

Agenda Item Number 7
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City Council Meeting Packet for November 1, 2022

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Apex Septic Design, Inc.

Principal Consultant Tai Nguyen, REHS #7177
P.O. Box 11247 (707) 322-5827
Santa Rosa, CA 95406 [email protected]
June 18, 2022
Kate Doherty
[email protected]
Re: Report of septic system findings, tier 2 at 286 Eddie Lane in Sebastopol, CA 95472 Assessor Parcel Number: 060-290-008
I conducted a septic system evaluation on June 17, 2022 at 11:30 a.m. I found the following:

Permit History

1. I completed a septic record research at the Sonoma County Permit and Resource Management Department. There is a well permit approved in 1986. In 2020, a pre-perc was conducted to determine the soil characteristic to install a new septic system.

Site Observation

2. The septic tank and leach lines are more than 50 feet away from the site water well. The downspouts of the house’s roof drainage are diverted away from the leach field. The house has been occupied by 1 person. There is a drainage ditch as noted on the attached site plan. The property owner described the soil on the subject parcel to be saturated, ponded water with storm drainage in the winter; this is evidence by photos taken by the owner, see pages 8-10.

Septic Tank

3. The septic tank is located at the east side of the house, 36 feet away from the house and buried under 9 to 12 inches to soil cover. The septic tank wasn’t pumped during my inspecting since it had been pumped by Felix from Vineyard Septic Service on September 4, 2019. There was .5 inches of scum and 4 inches of sludge in the inlet compartment and zero scum and sludge in the outlet compartment. The wastewater level was 1 inches above the invert of the outlet pipe.

The plastic inlet and outlet baffles were intact and in working condition. I didn’t see any crack or root intrusion in the septic tank. There was a break/hole on top of the septic tank next to the outlet manhole, see picture on page 4. Because of the break/hole in the septic tank, it is on poor condition.

Leach Field

4. The leach line was located and marked by Vineyard Septic Service on September 5, 2019. There is one leach line which is 38 feet long. Green lust vegetation was seen at two areas near the leach line. I conducted a hydraulic load test by adding approximately 150 gallons of water with green liquid dye to the septic tank’s outlet compartment which would run into the leach field.

Agenda Item Number 7
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City Council Meeting Packet for November 1, 2022

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After filling 60 gallons of water to the leach line, I saw sewage surfacing onto the ground above the distribution box, see pages 6 and 7. Thus, the leach line failed the hydraulic load test.

Reserve Area

5. There is not an available septic reserve area on the parcel due to high groundwater.

Septic System Evaluation

6. The septic tank is in poor condition because of the hole at the top of the septic tank which can allow groundwater and soil to enter. The leach line is failing.

I would recommend that the parcel be connected to city sewer rather than installing a new septic system for the following reasons:

A) The parcel has high groundwater and has drainage swale in the winter.

B) Repairing existing 38 feet of existing leach line and adding new leach line of 19 feet (maximum length allowed by the county under repair permit) will not be enough to support wastewater from the 3-bedroom house.

C) Installing a mound system is not feasible due to the cost of approximately $75,000 to $100,000 which includes addition soil testing, survey, county permits, soil lab samples, design and installation with inflation of materials and is also not recommended due to flooding of the space available for a mound system.

D) City sewer is near to the parcel and house. City sewer is on the Eddie Lane next to the parcel and approximately 75 feet away from the house.

This report describes the conditions of the septic system during the time of visit. Apex Septic Design, Inc. has not been retained to warrant, guarantee, or certify the proper functioning of the septic system for any period of time in the future. Because of the numerous factors (usage, soil characteristics, previous failures, etc.) which may effect the proper operation of the septic system, this report shall not be construed as a warranty by our company that the system will function properly for any particular buyer. Apex Septic Design, Inc. DISCLAIMS ANY WARRANTY, either expressed or implied, arising from the inspection of the septic system or this report. We are also not ascertaining the impact the septic system is having on the groundwater. Apex Septic Design, Inc. is not liable for the information or lack of information shown for the record documents attached to this report.

For further information or questions I can be reached at (707) 322-5827.

Respectfully,
Tai Nguyen
Registered Environmental Health Specialist #7177
12-31-2023
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Location of the Septic Tank
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Hole/opening at outlet compartment of the Septic Tank
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Liquid dye was added to the wastewater in the septic tank’s outlet compartment Agenda Item Number 7
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Wastewater was seen surfacing onto the ground above the distribution box Agenda Item Number 7
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Close up picture of wastewater was seen surfacing onto the ground Agenda Item Number 7
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Pictures of ponded water in the winter
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Septic Tank Pumping Receipt
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Receipt of leach line located
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Agenda Item Number 7
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SEPTIC SYSTEM EVALUATION
SEBASTOPOL, CA 95472
APN: 060-290-008 NORTH
HOUSE
BARN
BARN

DRANAGE DITCHES

DRAINGE DITCH/CREEK DRIVEWAY
WATER
WELL
W
50'

EDDIE LANE
38' LEACH LINE
3-5% 36'
800-GALLON

CONCRETE

SEPTIC TANK
12-31-2023
Agenda Item Number 7
Agenda Item Number 7
City Council Meeting Packet for November 1, 2022

SEPTIC SYSTEM EVALUATION
SEBASTOPOL, CA 95472
APN: 060-290-008 NORTH
HOUSE
BARN
BARN

DRANAGE DITCH

DRAINGE DITCH/CREEK DRIVEWAY
WATER
WELL
W
50'

EDDIE LANE
38' LEACH LINE
3-5% 36'
800-GALLON

CONCRETE

SEPTIC TANK
12-31-2023
Agenda Item Number 7
Agenda Item Number 7
City Council Meeting Packet for November 1, 2022

LOCATION MAP
Request for Out of Service Area Agreement for Sewer Connection at 286 Eddie Lane

THIS SITE
286 EDDIE LANE
Agenda Item Number 7
Agenda Item Number 7
City Council Meeting Packet for November 1, 2022