Sewer plans pack house
By Kelly Feser Eells

It was standing room only at the Ojai Valley Sanitary District's board of directors meeting Monday night, a fact that didn't go unnoticed by Director Peter Kaiser, who said he was pleased to see such a large turnout.

"And as long as this item keeps coming up (on the agenda)," shouted an unidentified member of the audience, "you'll keep seeing us."
Indeed, the item - "Arbolada/Foothill Road Potential Sewering Projects" - drew more than 50 people to the meeting, most of whom were in a less-than cheerful mood.

Fairview Road resident George Ball was the first to take the podium. "I just have a simple question," he said; "I was just wondering how many times you were going to ask us what our opinion is (of the potential sewering of this area), and then how many times are you going to come back and ask us what our opinion is, again? We've said overwhelmingly - that we don't want it - so why is this still floating around in the atmosphere?"

Chairman William Lotts said, "Did you hear Mr. Correa's explanation of the votes," referring to District Manager John Correa's introduction of the item, where he provided both a breakdown of the votes taken and stated that he "continued to recommend that the Board not approve" a Foothill Road property owner's request to install an eight-inch sewer pipe at his own expense.

Ball said he heard the explanation of the votes, but now how anyone in the Arbolada or Fairview area "would be affected if anyone managed to get a sewer line in. For instance, if we're not on the sewer line, and something happens to the septic system needing repairs, would we be stopped from getting it repaired and be forced to go on to a sewer line that someone else put in over our objections?"

Lotts replied that "the Health Department can make you hook up to the sewer line, or fix your septic system. We are not the people that demand that you hook up or don't; we are only a service organization."
Ball said that, while he "understood that, you're the people who keep asking us what our opinion isas though you have some say over this."
"There are some people in the Arbolada that want a sewer line, and we're trying to see what we can do, investigate, to see if we can get them one. That's all we're doing. And I can't tell you that we won't ask again," said Lotts, a remark met by a chorus of groans.

Director Russ Baggerly indicated he might better clarify the Board's role in the process, saying, "Mr. Ball, I think you deserve an answer to your question. You know, we went through quite a bit of time trying to develop a financing system to make it easier for people to sewer their properties and finance it at the same time. It turned out to be not a great idea," he said, adding, "and that was the first time we asked you," pointing to the vote taken last October.

"This time," Baggerly continued, "a number of people came to the Board and said 'we do want to get sewers,' and the only legitimate way for us to move forward with that proposal was to ask whether or not you wanted to tax yourselves through a benefit assessment district - so we had to ask you again. And you've spoken very clearly and plainly. That's the answer to your question."

Asked if the District had, therefore, "quit," Baggerly said, "yes, but if there's a possibility for us to sewer some properties without affecting a large amount of people in a negative economic fashion," then the Board would likely explore it.

Foothill Road resident Virginia Newkirk wanted to know "by whose authority and with whose consent Mr. Correa is continuing to prepare maps and continues to develop plans for the sewering of the Arbolada area."

Lotts said that, though he "thought that had been answered, would you mind, Mr. Correa, stating again" the District's reasons for pursuing the issue.

"That area (shaded green on a District-generated map), that stretch of Foothill Road has more than half the properties indicating they wanted to be sewered and we are investigating ways to provide that service."
Newkirk said that, "in her opinion, it seemed like a very small handful of people" were interested, and that it seemed a "very expensive" proposition whether approved or just considered for approval.

Bob Tallyn, president of the Upper Foothill Property Association, said that he believed a jointly signed letter - submitted by the Property Association - "speaks for itself. The majority of the homeowners in upper Foothill are against sewering, and against Mr. Rennacker's (Lee Rennacker, the property owner proposing to install a lateral sewer line at his own expense) proposal. We've never been contacted by Mr. Rennacker as a board or as the private owners that he's going to have to cross the property of" to laterally Tallyn added, "we could stop talking right now, though, if the Board is going to make a final decision tonight" to deny approval of Rennacker's request, as recommended in the District's agenda.

Correa said that "they can make a final decision this evening, yes but after the public comment" period.

Foothill Road resident Gary Feldstein, also an Upper Foothill Property Association board member, said he had extensive experience, "over 20 years' worth, in construction, and I was asked by the Board to take a look into the actual cost estimates and time to do the project" proposed by Rennacker.

Feldstein distributed a one-page cost analysis to the Board, noting that, "our estimate is in the range of $500,000 or more - a significant portion of which is the materials. I think the estimate put in by Mr. Rennacker's proposal was somewhere between $80,000 and $100,000."

Feldstein also indicated that the Property Association board's estimate was conservative, pointing out that it was based on a three-man crew and didn't take bond issues into account or the fact that it was difficult "tunneling through that road. We've been told by people with expensive experience (trenching the road) that you'd be very lucky to do 50 feet a day and it would be a minimum of five-to-six months" to complete.

"Also, we're very concerned about access for fire trucks; that's a significant problem," Feldstein added; "also not included in any of these figures are engineering fees."

Arbolada resident voiced her opposition to the proposal by saying, "Right is right, and wrong is wrong." She added, "I've been losing a lot of sleep over this, and I'd like to say that I've got a pepper tree that's thriving because of the cesspool," prompting the first big laugh of the evening.

Lee Rennacker prompted the next round of laughter when he said, "I guess I can safely assume not everyone's here to support me." He went on to say that he was trying to "do what's best for everyone," and noted that, "while I'm not refuting Mr. Feldstein's estimates, mine were done by me, a civil engineer."

Rennacker offered a brief analysis of the "actual costs none of which," he reminded the audience, would be absorbed by anyone but himself. "Honestly, I don't understand what the majority of the objections are. And since it says right here in the agenda that the District recommended denying Lee Rennacker's request, what, essentially is the point of (this) meeting?

"Einstein said that, 'with great difficulty comes great opportunity,' and I guess I've got a lot of opportunity here," Rennacker joked.
Foothill Road resident Barbara Buchanan said that, "in discussing this issue with John (Correa), I learned that there's something called a 'bedroom equivalent,' which I think everyone here would be interested in knowing about."

The "bedroom equivalent has more to do with head counts than bedroom," said Buchanan. That is, "if a sewer line ran in front of your house, you'd probably be denied a permit to add on anything, even a cabana, or do any remodeling - even if the project included no new plumbing" without connecting to the sewer line

Correa and Director Stan Greene confirmed that the 'bedroom equivalent' was restrictive. "State law says that if you have a building need," said Greene, "and what you build will in any way affect the ability of your septic system to perform, well what I don't understand is, if you sold a house (using the septic system), 18 people could move in" without being bound by the 'bedroom equivalent' rule. "The government has permit leverage," he said.

Tim Setnicka identified himself as a Foothill Lane property owner "with no plans to build on my vacant lot. I'm just here to support the proposal; I think it's extraordinary that a homeowner would be willing to do this at his own expense - and I love public/private partnership projects like this.

"From a long term point view, there's not a better investment (than a sewer system). I see this as an earth tax," Setnicka said. "As good stewards of the environment, well, let's stop putting feces in the earth."
Smiling, he added, "and we'll use the Clean Water Act to fight those who oppose" this project.

Baggerly noted that, "while I strongly disagree with Mr. Rennacker's request for a mile-long line, I don't disagree with someone's right to sewer their property at their own expense."

Collectively lauding "democracy in action," the Board voted unanimously to deny Rennacker's request.

© 2003 The Ojai Valley News

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