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HomeMy WebLinkAbout05.c. Review draft to conduct a hearing to consider a resolution to record a Notice of Unpermitted Sewer Lateral Work at 1721 3rd Avenue in Walnut Creek Page 1 of 4 Item 5.c. CENTRAL SAN BOARD OF DIRECTORS . , , . POSITION PAPER . , DRAFT MEETING DATE: JULY 20, 2022 SUBJECT: REVIEW DRAFT POSITION PAPER TO CONDUCTA HEARING AND CONSIDER ADOPTING RESOLUTION NO. 2022- AUTHORIZING STAFF TO RECORD A NOTICE OF UNPERMITTED SEWER LATERAL WORK AGAINST THE PROPERTY LOCATED AT 1721 3RD AVENUE IN WALNUT CREEK WITH THE CONTRA COSTA COUNTY RECORDER SUBMITTED BY: INITIATING DEPARTMENT: BRYAN MCGLOIN, MANAGEMENT ANALYST ENGINEERING AND TECHNICAL SERVICES- THOMAS BRIGHTBILL, SENIOR ENGINEER PDS-RATES AND FEES REVIEWED BY: DANEA GEMMELL, PLANNING AND DEVELOPMENT SERVICES DIVISION MANAGER JEAN-MARC PETIT, DIRECTOR OF ENGINEERING AND TECHNICAL SERVICES ISSUE A resolution of the Board of Directors (Board) is required to record documents with Contra Costa County. BACKGROUND An unpermitted and uninspected sewer lateral work was performed at 1721 3rd Avenue in Walnut Creek by the property owner. A side sewer was installed between an Accessory Dwelling Unit (AD U) and an existing side sewer without a Central San permit being issued and without the work being inspected by Central San. Subsequent to the installation of the side sewer, owner had a stamped concrete driveway poured over the side sewer. The property owner provided Central San with photographs of the work taken during construction. Staff's review of the photographs indicates that the work does not appear to meet requirements in the Central San Standard Specifications for Design and Construction. Due in particular to the concrete driveway overlay, excavation of the whole work area for Central San inspection and any needed remediation would be quite costly according to the property owner. Staff discussed options with the property owner and it was agreed that filing a Notice of Unpermitted Sewer Lateral Work was an agreeable solution to both the property owner and Central San. Staff is requesting adoption of a Board resolution to authorize recording a Notice of Unpermitted Sewer Lateral Work against this property in order to alert any future interested parties that the existing sewer lateral was not inspected by Central San for compliance with the requirements of Central San's Standard July 20, 2022 REEP Committee Meeting Agenda Packet- Page 32 of 53 Page 2 of 4 Specifications for Design and Construction. ALTERNATIVES/CONSIDERATIONS The Board could decline to adopt the Resolution or provide alternative direction to staff. FINANCIAL IMPACTS None. COMMUNITY OUTREACH None. COMMITTEE RECOMMENDATION The Real Estate, Environmental and Planning Committee reviewed this matter at its meeting on July 20, 2022 and recommended RECOMMENDED BOARD ACTION Adopt the proposed resolution authorizing the recording of the Notice of Unpermitted Sewer Lateral Work with the Contra Costa County Recorder. Strategic Plan Tie-In GOAL ONE: Customer and Community Strategy 1—Deliver high-quality customer service GOAL TWO: Environmental Stewardship Strategy 1—Achieve 100% compliance in all regulations ATTACHMENTS: 1. Proposed Resolution to Record Notice 2. Notice of Unpermitted Sewer Lateral Work July 20, 2022 REEP Committee Meeting Agenda Packet- Page 33 of 53 Page 3 of 4 ATTACHMENT 1 RESOLUTION NO. 2022 - A RESOLUTION AUTHORIZING STAFF TO RECORD A NOTICE OF UNINSPECTED WORK FOR 1721 THIRD AVENUE IN WALNUT CREEK WITH THE CONTRA COSTA COUNTY RECORDER WHEREAS, Central Contra Costa Sanitary District's (Central San's) District Code requires that the construction of certain sewer improvements, including sewer connections between buildings and street sewers commonly known as side sewers, be inspected by Central San in order to confirm conformance with Central San's Standard Specifications; and WHEREAS, a side sewer was constructed at 1721 Third Avenue in Walnut Creek in or around July, 2021; and WHEREAS the side sewer constructed at 1721 Third Avenue in Walnut Creek was not inspected by Central San in order to confirm conformance with Central San's Standard Specification; NOW, THEREFORE, be it resolved by the Central San Board of Directors: THAT a Notice of Uninspected Work for 1721 Third Avenue in Walnut Creek be recorded with the Contra Costa County Recorder. Passed and adopted this 4t" day of August, 2022 by the Central Contra Costa Sanitary District Board of Directors by the following vote: AYES: Members: NOES: Members: ABSENT: Members: David R. Williams 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 July 20, 2022 REEP Committee Meeting Agenda Packet- Page 34 of 53 Page 4 of 4 ATTACHMENT 2 Recording Requested by and when Recorded,return to: CENTRAL CONTRA COSTA SANITARY DISTRICT 5019 Imhoff Place Martinez,CA 94553 Attn: Environmental Services Division Manager EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE§§6103,27383 (SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE) APN 171-230-041 NOTICE OF UNPERMITTED SEWER WORK (NOTICE OF CODE VIOLATION) This Notice of Unpermitted Sewer Work, dated August 4, 2022, shall serve as notice to all interested parties that private sewer construction, repair, or replacement work was done on the real property in Contra Costa County, state of California, generally known as 1721 3rd Avenue, Walnut Creek (APN 171-230-041) and owned as of the date of this instrument by David M. Christie, TRE without issuance of a Central Contra Costa Sanitary District ("Central San") permit or payment of applicable fees in violation of the Central San Code (Titles 5 and 6); to wit, the private sewer lateral connecting the additional dwelling unit to the sewer lateral for the primary residential unit. Since said work was unpermitted, no inspection of the work was conducted by Central San, and it is not known to Central San whether or not said work was done in compliance with the requirements of the Central San Standard Specifications for Design and Construction. David R. Williams President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Katie Young Secretary of the Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to form: Kenton L. Alm Counsel for the District July 20, 2022 REEP Committee Meeting Agenda Packet- Page 35 of 53