California City tables septic system ordinance
This story appeared in the Antelope Valley Press
Thursday, March 19, 2009.
By ALLISON GATLIN
Valley Press Staff Writer
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CALIFORNIA CITY - The City Council on Tuesday tabled an ordinance preventing
certain types of properties used by large numbers of people from installing
septic systems and requiring them to connect to a sewer system, sending
it back to the city staff for rewording.
The ordinance had been approved on a first reading by the council at
its March 3 meeting. It was on the consent portion of Tuesday's agenda,
which is reserved for issues considered routine and non-controversial.
But the ordinance was pulled from the consent calendar for public discussion.
On its first reading two weeks ago, the measure passed on a 4-1 vote, with Councilman Nick Lessenevitch dissenting.
The ordinance applies to commercial and institutional buildings such as churches, schools and multi-family residences, "that sort of facility where you have large congregations of people," Public Works Director Michael Bevins said.
At issue is the limited lifespan of septic systems and the area's inability to support continued reinstallation of such systems as ground becomes saturated.
Opponents argued that the ordinance was not "business-friendly" and would prevent future development in the city by requiring expensive sewer connections for new businesses.
"If you do pass this ordinance, you are going to stifle growth," said resident Marv Sass.
Several argued the ordinance would prevent any future development of the far-flung areas of the city that border Highway 14 and Highway 58, where miles of sewer connection would be required.
Several on the council defended the measure as necessary to prevent oversaturation of areas of the city, which would trigger a building moratorium by the Lahontan Regional Water Quality Control Board. The board has warned the city that several areas are in danger of exceeding septic limits in place to protect groundwater quality.
"We've got to do something or we're not going to be able to build, sewer or not," Mayor Larry Adams said.
Councilman Mike Edmiston informed opponents that the ordinance is not targeted at businesses in general, but to very specific categories of new construction.
"This ordinance does not affect restaurants, it does not affect (single-family) residences. It doesn't affect haircutting places. It doesn't affect parts stores," he said. "This ordinance is not against business. It is against large congregations of people who have lots of sewage."
"This is not against business," he reiterated. "I don't care what anyone else says. Read it."
Lessenevitch reminded councilmembers that several years ago the city council changed an earlier law which required commercial buildings to connect to sewer, as a means of removing an impediment to businesses.
"Once we decide something isn't working, it takes us forever to fix it in this town," he said.
He also stated that the ordinance, as written, was subject to interpretation as to which entities would be affected.
"This is the kind of thing that frustrates developers to no end. That's why they end up leaving," he said.
The council agreed to direct staff to reword the ordinance to be more specific about which buildings would be required to connect to sewer, and which would be exempt.
agatlin@avpress.com