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Home My WebLink About12. Conduct a public hearing regarding proposed abandonment of a public sewer on Lost Valley Drive in Orinda, as part of DP 8461 Page 1 of 6 Item 12. CENTRAL SAN BOARD OF DIRECTORS POSITION PAPER MEETING DATE: OCTOBER 7, 2021 SUBJECT: CONDUCT PUBLIC HEARING TO RECEIVE COMMENTS ON THE ABANDONMENT OF A PUBLIC SEWER LOCATED ON LOST VALLEY DRIVE IN ORINDAAS PART OF THE SOUTH ORINDA SEWER RENOVATIONS, PHASE 8, DISTRICT PROJECT 8461; ADOPT RESOLUTION 2021-073 ORDERING THE ABANDONMENT OF THE SEWER FACILITIES AND AUTHORIZING THE EXECUTION AND RECORDING OF ASSOCIATED QUITCLAIM DEED DOCUMENTS SUBMITTED BY: INITIATING DEPARTMENT: EDGAR J. LOPEZ, CAPITAL PROJECTS ENGINEERING AND TECHNICAL SERVICES- DIVISION MANAGER CAPITAL PROJECTS REVIEWED BY: JEAN-MARC PETIT, DIRECTOR OF ENGINEERING AND TECHNICAL SERVICES Roger S. Bailey Kenton L. Alm General Manager District Counsel ISSUE Pursuant to Chapter 9.40 of the District Code, the Board must conduct a properly noticed public hearing before considering a resolution ordering the abandonment and a two-thirds vote of the Board is required for adoption of the proposed resolution to abandon a public sewer and/or quitclaim an easement. BACKGROUND A public sewer was installed in the early 1950s within an easement dedicated to Central San during the development of the community at Lost Valley Drive in Orinda. This public sewer has seven easements and services six properties between 11 and 25 Lost Valley Drive. October 7, 2021 Regular Board Meeting Agenda Packet- Page 133 of 200 Page 2 of 6 Central San is currently performing construction for the South Orinda Sewer Renovations, Phase 8, District Project 8461 (Project), which includes the renovation of approximately 5,700 feet of public sewers. The public sewer on the easement of Lost Valley Drive is scheduled to be abandoned and easements quitclaimed by the Board once the Project is complete. The abandonment of the sewer facilities was recommended since the public sewer in the public right-of-way on Lost Valley Drive was scheduled to be replaced. The existing public sewer on the easement has historically been difficult to access and maintain due to the topography and existing improvements near or around the sewer facilities. Therefore, staff has included within the Project that new private side sewers be installed at no cost to the property owners to re-route the side sewers to the newly renovated sewer main on the street. ALTERNATIVES/CONSIDERATIONS The Board could decline to set a public hearing to consider abandonment of the public sewer. However, this is not recommended since the Project is ongoing and it is in the best interest of the public and Central San to provide sewer service from a new location that is accessible in the public right-of-way or street. FINANCIAL IMPACTS Central San will pay the costs of the abandonment and side sewer work in lieu of future replacement of the public sewer in the easement. Central San will also incur all permit costs and applicable fees for the preparation, processing, and recording of quitclaim deeds and resolution. COMMUNITY OUTREACH Staff has reached out to the six properties on multiple occasions throughout the planning, design, and construction of the Project. Communications have included public meetings, private one-on-one meetings, and through letters and other notifications to help educate and inform or receive feedback from the property owners. Several owners expressed their satisfaction, as once the quitclaim is filed and easement relinquished, then the property owners would have the ability to build or expand their private property without the limitations of the Central San easement or facilities. COMMITTEE RECOMMENDATION The Engineering and Operations Committee reviewed this matter at its September 21, 2021 meeting and recommended approval. RECOMMENDED BOARD ACTION Staff recommends the Board: 1. Conduct a public hearing, pursuant to Chapter 9.40 of the District Code, to receive comments on the abandonment of a public sewer located on Lost Valley Drive in Orinda as part of the South Orinda Sewer Renovations, Phase 8, District Project 8461. 2. Adopt the proposed resolution ordering abandonment of the sewer facilities and authorizing execution and recording of associated quitclaim deeds. Strategic Plan Tie-In GOAL ONE: Customer and Community Strategy 2—Maintain a positive reputation October 7, 2021 Regular Board Meeting Agenda Packet- Page 134 of 200 Page 3 of 6 GOAL FIVE:Infrastructure Reliability Strategy 2—Execute long-term capital renewal and replacement program, Strategy 3—Protect personnel and assets from threats and emergencies GOAL SEVEN:Agility and Adaptability Strategy 1—Maintain a safe working environment for employees and the public during the COVID-19 pandemic ATTACHMENTS: 1. Proposed Resolution 2. Exhibit A October 7, 2021 Regular Board Meeting Agenda Packet- Page 135 of 200 Page 4 of 6 ATTACHMENT 1 RESOLUTION NO. 2021-073 A RESOLUTION OF THE CENTRAL CONTRA COST SANITARY DISTRICT ORDERING ABANDONMENT OF SEVERAL SEWER FACILITIES CONSTRUCTED UNDER JOB 1582, AND AUTHORIZING EXECUTION OF QUITCLAIM DEEDS AND THE RECORDING OF SAID DOCUMENTS WHEREAS, pursuant to District Code Chapter 9.30, it may be necessary for the Central Contra Costa Sanitary District (Central San), in the best interests of Central San and its ratepayers, to abandon certain sewer facilities that exist on a single property or in a common location in order to provide new sewer facilities and service in an alternate location(s); and WHEREAS, the South Orinda Sewer Renovations — Phase 8, District Project No. 8461 (Project) will replace the Central San sewer in the public right-of-way and Central San determined that it was feasible to provide sewer service for six properties to a new public sewer and abandon the existing sewer between 11 and 25 Lost Valley Drive in Orinda as shown in Exhibit A; and WHEREAS, the existing public sewer within the easement at 11, 15, 17, 19, 21, 23, and 25 Lost Valley Drive is nearing the end of its useful life, and due to the topography, maintenance accessibility, and difficulties in future replacement due to nearby structures and improvements, Central San will abandon the sewer and sewer structures after service has been redirected to the public right-of-way as intended in current District Standard Specifications; and WHEREAS, prior to abandonment of the existing sewer facilities, the Board of Directors finds that it is in the best interest of Central San and the public to provide side sewers for 11, 17, 19, 21, 23, and 25 Lost Valley Drive at no cost to the property owner(s) due to the abandonment of the public sewer; and WHEREAS, Central San will quitclaim the associated easements within 11, 15, 17, 19, 21, 23, and 25 Lost Valley Drive described as Parcels 3, 4, 5, 6, 7, and 8 of Job 1582; and WHEREAS, pursuant to District Code 9.30.020, a Notice of Determination of Central San's intent to abandon sewer facilities was sent to the Owners of the subject properties, and said Owners were given a reasonable opportunity to appear and be heard before the Board of Directors of Central San on this matter; and WHEREAS, pursuant to District Code 9.30.030, a properly noticed hearing was held at 1:30 p.m. on October 7, 2021. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Central San as follows: October 7, 2021 Regular Board Meeting Agenda Packet- Page 136 of 200 Page 5 of 6 Central Contra Costa Sanitary District Resolution No. 2021-073 Page 2 of 2 THAT approximately 695 linear feet of a 6-inch public sewer, two manholes, and one rodding inlet will be abandoned per the District's Standard Specifications for Design and Construction on the subject properties; and THAT the President of the Board of Directors and the Secretary of the District are hereby authorized to execute said documents for and on behalf of Central San; and THAT staff is authorized to record said documents with the Contra Costa County Recorder upon completion of the Project. PASSED AND ADOPTED this 7t" day of October 2021, by the Board of Directors of Central San by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Tad J. Pilecki President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Katie Young Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to form: Kenton L. Alm, Esq. Counsel for the District October 7, 2021 Regular Board Meeting Agenda Packet- Page 137 of 200 Page 6 of 6 Lost Valley Dr - Sewer Easement Abandonment South Orinda District Project 8461 Map Date:9/27/2021 a Walnut ` Creek Lafayette Orinda a Detail Area 25 Moraga 23 272-230-014 272-230-015 2727230-016 272-230-017 272-230-018 272-230-030 272-230-026 # House Number r — — Existing Sewer Easement Existing Sewer Main to be Abandoned/ Removed Sewer Renovated Under Project N Existing Sewer Main/Easement to be Abandoned/Quitclaimed e a. e Tax Parcel 71 AL ,,. 0 100 Exhibit _ Note: � Map Displayed in North American Datum of 1983 Central San data as of September 2021. Feet California State Plane,Zone III RIPS 0403,US Feet A October 7, 2021 Regular Board Meeting Agenda Packet- Page 138 of 200