HomeMy WebLinkAbout09. Set a public hearing for 09-16-21 to consider reliquishment of sewer facilities in Moraga Page 1 of 3
Item 9.
CENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
MEETING DATE: AUGUST 19, 2021
SUBJECT: SETA PUBLIC HEARING FOR SEPTEMBER 16, 2021 AT 1:30 P.M. TO
CONSIDER RELINQUISHMENT OF A DISTRICT SEWER FACILITYAT 0
COUNTRY CLUB DRIVE AND 1600 ST. ANDREWS DRIVE IN MORAGA
SUBMITTED BY: INITIATING DEPARTMENT:
DANA LAWSON, SENIOR ENGINEER ENGINEERING AND TECHNICAL SERVICES -
PDS - DEVELOPMENT SERVICES - RIGHT OF
WAY
REVIEWED BY: DANEA GEMMELL, PLANNING & DEVELOPMENT SERVICES DIVISION
MANAGER
JEAN-MARC PETIT, DIRECTOR OF ENGINEERING & TECHNICAL
SERVICES
Roger S. Bailey Kenton L. Alm
General Manager District Counsel
ISSUE
A resolution of the Board of Directors (Board) is required to relinquish a sewer facility or quitclaim an
easement. The Board must conduct a hearing before considering a Resolution for Relinquishment, and a
two-thirds vote is required for adoption of the resolution. Central San must send the property owner a
written notice of the date and time of the Board meeting where the relinquishment hearing will be
conducted.
BACKGROUND
A public sewer was installed in 1950 which routed flow across the Moraga Country Club homeowner's
association (HOA) golf course, around the clubhouse to cross St. Andrews Drive. I n 1964, a larger trunk
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sewer was installed within the public-right-of-way of Moraga Way which diverted the flow that previously
crossed the golf course. The connection remained to allow a passive overflow route. However, recent
review of the collection system confirms that this passive overflow does provide a significant benefit to
Central San.
In 2021, the HOA submitted plans to expand their clubhouse. In reviewing the project, a mutually beneficial
alternative was discussed to relinquish the public sewer crossing the golf course to the HOA since the only
active connections are side sewers serving HOA buildings.
To have full use of their property without consideration to Central San's sewers or easement, the Property
Owner sent a letter dated June 28, 2021 requesting Central San relinquish 12" sewer mains (Asset I Ds:
73E6-M5/73E6-M4, 73E6-M4/73E6-M3 and 73E6-M3/73E6-M61)to the HOA and quitclaim the
associated easements. These sewers were installed under a local improvement District Project (x1567) at
0 Country Club Drive and 1600 St. Andrews Drive (APNs 257470004 and 257440001).
1 n the letter, the HOA acknowledges that there are existing sewer improvements located within Central
San's easement and that Central San makes no representation or guarantee as to the condition of the
Assets. The HOA further agrees to take full ownership of said Assets once the Quitclaim and
Relinquishment of Assets process is authorized and approved by Central San's Board.
Relinquishing these sewer facilities and quitclaiming the easement benefits Central San as this sewer pipe
and manholes only serve the subject parcel.
District Code Section 9.40.030 provides for the Board to consider relinquishment of a District sewer after
conducting a properly noticed hearing, and Section 7.03.020 sets the procedure for quitclaiming
easements. The required written notice has been sent to Moraga Country Club Homeowners Association,
the owner of record.
ALTERNATIVES/CONSIDERATIONS
The Board could decline to set a public hearing to consider relinquishment of the sewer facilities.
However, this is not recommended since the HOA is willing to take over ownership for a sewer that only
serves their parcels.
FINANCIAL IMPACTS
The Property Owner paid the applicable fees for preparation, processing, and recording the quitclaim
deed and resolution.
COMMITTEE RECOMMENDATION
This matter was not reviewed by a Board Committee.
RECOMMENDED BOARD ACTION
Set September 16, 2021 at 1:30 P.M. as the date and time for a public hearing to consider relinquishment
of the public sewer located at 0 Moraga Way and 1600 St. Andrews Drive, in Moraga.
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Strategic Plan re-In
GOAL ONE: Customer and Community
Strategy 2—Maintain a positive reputation
GOAL FIVE: Infrastructure Reliability
Strategy 1—Manage assets optimally to prolong their useful life
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