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05.c. Receive update and discuss a sewer lateral disconnection at 2367 and 2369 Pacheco Blvd in Martinez
Page 1 of 7 Item 5.c. ,orVIOIN SAN January 11, 2021 TO: REAL ESTATE, ENVIRONMENTAL AND PLANNING COMMITTEE FROM: DANEA GEMMELL, PLANNING AND DEVELOPMENT SERVICES DIVISION MANAGER REVIEWED BY: JEAN-MARC PETIT, DIRECTOR OF ENGINEERING AND TECHNICAL SERVICES KENTON L.ALM, DISTRICT COUNSEL ROGER S. BAILEY GENERAL MANAGER SUBJECT: RECEIVE UPDATE AND DISCUSS A SEWER LATERAL DISCONNECTION AT 2367 AND 2369 PACHECO BOULEVARD IN MARTINEZ Issue A shared private sewer lateral situation exists in the City of Martinez beginning at 2357 Pacheco Boulevard, to 2367, and to the next neighbor at 2369 (a duplex). The tenant at 2357 recently excavated their backyard which disconnected 2367; thereby, leaving them (2367 and 2369)without sewer service. The connection at 2367 appears to have originally been connected to 2357 by running under the garage to a cleanout. The sewer main runs under the sidewalk and ends at a cap in front of 2357. These three properties have been in Central San service area and paid sewer service charges for several decades since the City of Martinez sewer system was annexed into Central San. See Attachment 1 for an overview map. Background Permit Counter staff was contacted the week of December 28, 2020 by the property owner at 2367 Pacheco Boulevard (Ivy Reite). Permit Counter staff, Nohemi Sanchez, was told by Ms. Reite, that the neighbor(2357) informed her that her sewage was leaking into their garage/basement. Ms. Reite asked for pictures to be sent to her to address the matter. A few weeks later, Ms. Reite discovered sewage overflowing from her cleanout into the yard and hired a plumber, Roto-Hero to determine the cause. Roto- Hero determined that her lateral was disconnected by the neighbor at 2357, by covering the 2367 lateral with concrete on their property. Without having service, the property owner at 2367, and her children, were unable to reside in the home until sewer service was restored. It should be noted that the owner of 2369 were not aware that they were disconnected since they are upstream. Record information is limited since the sewer main was inherited from the City of Martinez when Central San was asked to assume control of their system. All three houses were built between 1927 and 1930. No as-built, record drawings exist for this sewer main; however, this particular sewer main was discovered when the downstream portion was renovated in advance of a paving project. The sewer main runs under January 11, 2021 REEP Committee Meeting Agenda Packet- Page 22 of 49 Page 2 of 7 the sidewalk and terminates at a cap (not a manhole) in front of 2357. Only one lateral for all three houses, is connected to the sewer main and it is located in front of this house from 2357 on Pacheco Blvd. It appears that the lateral from 2367 runs under the house of 2357 to connect to their lateral, then to the sewer main. It also appears that the next upstream house, at 2369, also connects to 2367, such that all three homes shared a private side sewer. The next upstream lot is undeveloped and vacant. Per District Code and Standard Specifications, shared laterals are not allowed. However, legacy situations exist that are required to be brought up to code as sewer work or capacity demands (e.g. home addition or remodel) occur. Staff is reviewing the information available to evaluate sewering alternatives. In order to serve the upstream lots 2367 and 2369, a sewer main extension under the sidewalk is required, which would terminate at an upstream manhole. There is not enough space in the sidewalk to allow a variance for three long laterals to serve the upstream lots. On January 5, 2021, Senior Engineer Dana Lawson spoke with Contra Costa County Environmental Health Agent, Kareem Mohsen, who stated that he will be sending a letter of enforcement to the property owner of 2357 for disconnecting the neighbor from sanitary sewer service and causing a public health hazard. Mr. Mohsen will copy Central San on the letter. Additionally, on the afternoon of January 5, 2021, the property owner of 2367 reached out (via Bert Michalczyk, former general manager at Dublin San Ramon Services District (DSRSD))to the Director of Engineering, Jean-Marc Petit to apprise him of the disconnection and lack of service. After consultation with District Counsel, due to the potential public and environmental health exposure issues and despite this being an issue on private property with privately-owned lateral, the Collection System Operations Division went out late in the afternoon to install a bypass and temporarily reconnect both properties to the downstream manhole. On January 6, 2021, Construction Inspector Daniel Napier issued a Notice of Violation for unpermitted and uninspected sewer work to the property owner of 2357.A copy was left at the site for the tenant and the original Notice of Violation was placed in the mail to the property owner.A copy was also emailed to Mr. Mohsen with County Environmental Health. Alternatives/Considerations Due to the challenging site conditions, staff is evaluating engineering options to provide permanent sewer service to all three (3) parcels upstream from the sewer main. The Survey group conducted a topographic survey on January 6, 2021 in preparation for this effort. Typically, Central San does not install sanitary sewer mains and other sewer facilities for private use. However, per District Code Section 6.20.400, "In certain cases, the public interest and public safety may require the District itself to design and construct public sewage facilities for an existing or proposed development...the District shall adopt a reimbursement fee structure for full reimbursement of any and all costs associated with installation of local street sewers...and other sewer facilities." Additionally, California Health & Safety (H&S) Code section 5471(c) supports the use of rate revenue to be "used only for the acquisition, construction, reconstructionmaintenance, and operation of water systems and sanitation, storm drainage, or sewerage facilities...However, the revenue shall not be used for the acquisition or construction of new local street sewers or laterals as distinguished from main trunk, interceptor, and outfall sewers." Alternative 1 - Central San designs and constructs remedy January 11, 2021 REEP Committee Meeting Agenda Packet- Page 23 of 49 Page 3 of 7 Both 2367 and 2369 are longstanding existing customers, starting in approximately 1970 when the Martinez sewer system was annexed; they have been connected in a substandard method that is deficient. A shared lateral serving three properties would never be allowed by Central San's engineering standards today. The events that led to their disconnection from the sewer system are unfortunate, and there is benefit in protecting the public health and the environment by Central San leading the design and construction of a permanent solution. Central San can expedite a suitable design, the permitting process and constructing the sewer main and associated connections to minimize the time that the bypass is in place. Alternative 2 - Central San designs and constructs remedy and seeks reimbursement Similar to Alternative 1, Central San will take the lead to design and construct the permanent sewering solution. Staff can work with the owners of 2367 and 2369 for reimbursement of all costs and is in the position to offer financing to ensure an affordable solution. Financing by providing funds for initial sewer construction which are then reimbursed by benefitting property owners, which is used in Central San's Contractual Assessment District (CAD) program and the Alhambra Valley Assessment District (AVAD) program. For a variety of reasons, including a criteria of minimum of five (5) property owners for CADs, the use of a customized District-sponsored reimbursement may be more appropriate in this situation. This approach will require cooperation with one or more property owners. Alternative 3 - Property Owners responsible for permanent remedy Traditionally, the property owners are responsible for the cost in extending a public main to provide sewer service.As indicated by Statute and District Code, typical fee revenue for payment of the costs to provide local street sewers in not appropriate. The theory behind this limitation is that new development typically supports itself in these efforts. However, this situation is somewhat different because these properties have been receiving sewer service and paying the associated Central San sewer service charges for over fifty years. Staff currently has no knowledge if the current property owners have the ability to design and construct appropriate facilities in a timely manner. Committee Recommendation Central San has temporarily provided sewer service to 2367 and 2369 but a permanent solution is required. Staff seeks direction from the Committee on how to proceed with this situation. The three alternatives discussed may not be the only alternatives. Staff seeks the Committee's recommendation on preferred potential approaches: 1. Determine that it is in the public interest and public safety warrants for Central San to proceed with design and construction of the public and private sewage facilities and pay for the improvements. 2. Determine that it is in the public interest and public safety warrants for Central San to proceed with design and construction of the public and private sewage facilities, with the expectation of full reimbursement of costs through by the property owners with the option of financing them over time, secured by the property tax. 3. Determine that this is a private matter that is the responsibility of the property owners to resolve by hiring an engineer to extend the sewer main and pay a contractor to permit and construct the improvements. Strategic Plan Tie-In GOAL ONE: Customer and Community Strategy 1—Deliver high-quality customer service January 11, 2021 REEP Committee Meeting Agenda Packet- Page 24 of 49 Page 4 of 7 GOAL TWO: Environmental Stewardship Strategy 1—Achieve 100% compliance in all regulations GOAL THREE:Fiscal Responsibility Strategy 1—Maintain financial stability and sustainability ATTACHMENTS: 1. Shared Lateral Disconnection Map 2. Photo Exhibit of Bypass Pumping January 11, 2021 REEP Committee Meeting Agenda Packet- Page 25 of 49 4 ` _ X Material/Lining Change Point 4 2346 , Valve �¢ 5CEN1 AVE 2336 , Junction Structure '` •. '� 2344 SCE NICAVE - -2340° *- SCENIC-AVE Manholes SCENIC AVE J 0 Active Tentative Diversion-Active s-p c 1310 M25 35 -d :+ 28 5 Drop-Active Drop-Tentative xASaa Metering-Active 2315 "` Abandonment Scheduled PSH C4 Renovation Scheduled .�. � •` - Unlocated 0 -HEW B D y MULPSS-Active 2369 , y MULPSS-Tentative -236 r c PACHECD P4CHEC0 t • F Sewer Fittings 23.11 235' LND BLVD X Bend PACHECO 1 P CHECO . _ BLVD BLVDr ■ Cap 2345 • Coupling PACHECO _ /T Reducer LVAD �. l Wye • `• Fi 1 Network Structures Access Vault M23 * Influent Structure &VGP� Ft CP31 © Lift Station Metering Station � Y� 4��+ Open Inlet(Holding Basins Only) Pump Station i - - Valve Structure ir Cleanouts n ■ Rodding Inlet,Active Notes ntain View Sanitation District k1� (] Rodding Inlet-Tentative #2357,2367,2369 Pacheco Blvd X Rodding Inlet-AbandonmentSchedi a Rodding Inlet-Unlocated(Structures t$ Cleanout-Active 'i ■ Pressure Relief-Active Pressure Relief-Unlocated(Structur 710• +4 '� This map is a user generated static output from Central San's ATTACHMENT 1 CENTRAL SAN 0 25 50 Feet Geoportal and is for reference only.Data layers that appear on this map may or may not be accurate,current,or otherwise reliable. N Map Created On:1/6/2021 Map Projection:WGS84 Shared Lateral Disconnection Page 6 of 7 ATTACHMENT 2 2367 AND 2369 PACHECO BLVD. DISCONNECTION PHOTO EXHIBIT Y F - Real Estate, Environmental and Planning Committee �1 January 11, 2021 —AM BYPASS PUMPING AT 2367 PACHECO BLVD. MR. -- r Avg , z CENTRAL SAN 1 January 11, 2021 REEP Committee Meeting Agenda Packet- Page 27 of 49 Page 7 of 7 BYPASS HARD-PIPED TO NEAREST MANHOLE AT 2311 PACHECO BLVD. 3 CENTRALSAN 2 January 11, 2021 REEP Committee Meeting Agenda Packet- Page 28 of 49