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
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POSITION PAPER
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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