Resolution 12576CITY OF ALAMEDA RESOLUTION NO. 12576
DECLARING SOURCES OF INFILTRATION AND INFLOW FROM STORM
WATER ON PRIVATE PROPERTY LOCATED IN SANITARY SEWER BASINS
LA1A AND 91D A PUBLIC NUISANCE; SETTING TIME AND PLACE FOR A
PUBLIC HEARING, AND ORDERING THE PUBLIC WORKS DIRECTOR TO
GIVE FORMAL NOTICE TO PROPERTY OWNERS WHERE PROBLEMS ARE
KNOWN TO EXIST
WHEREAS, the California Regional Water Quality Control
Board, San Francisco Bay Region, requires that the sewer overflow
and bypass points within the entire East Bay Municipal Utility
District, Special District One service area, be eliminated in
order to reduce water pollution and protect public health; and
WHEREAS, because of this requirement, Public Works has
carried out extensive repairs and rehabilitation to Basins LA1A
and 91D within the sanitary sewer to eliminate storm water
infiltration from broken or deteriorated sewer mains; and
WHEREAS, testing of the sanitary sewer system in
Alameda showed specific locations with Basins LA1A and 91D, on
private property, that allow storm water to flow into the sewer
system by either infiltration through broken plumbing or direct
inflow through uncapped pipe;, yard drains and down spouts; and
WHEREAS, testing has further proved that required
reduction of storm water infiltration and inflow cannot be
accomplished unless the improper connections on private property
are performed; and
WHEREAS, Chapter XVIII, Article I, of the Alameda
Municipal Code requires that owners of property, where
infiltration and inflow problems are in existence, to remove or
correct such improper sewer connections, and authorizes the City
Council to declare such properties a public nuisance; and
WHEREAS, a complete list of properties with known
infiltration and inflow problems, within sanitary sewer basins
LA1A and 91D has been compiled by Public Works and is
incorporated herein as Appendix A.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City Alameda declares all properties listed in Appendix A to
have known problems with infiltration and inflow within sanitary
sewer basins LA1A and 91D and declares each of these properties
to be a public nuisance.
BE IT FURTHER RESOLVED that the Public Works Director
is hereby directed to give notice of the passage of this
resolution to all property owners in Appendix A, stating therein
that unless such nuisance be abated without delay, the work of
doing so will be done by the City and expense thereof assessed
upon the property from which the nuisance is removed.
BE IT FURTHER RESOLVED that a public hearing is
scheduled for November 15, 1994, at 7:30 P.M. in the City Hall
Council Chamber, and at any time, not later than this hearing,
any property owner of any real property liable to be assessed for
the proposed abatement may file with the City Clerk, addressed to
the Council, a written protest against the proposed improvement
and no other protests shall be considered.
INFLOW/ INFILTRATION PROGRAM
ATTACHMENT A
Basin LAIA
Owner
Mrs. Paul Shumaker
David Appleton
Alexandra Simonoff
Loretta Moran
Lois Rodriguez
Jeffrey Nourse
Basin 91D
Owner
Dorothy Spurgeon
Marci Lucas
Mary Strey (D. Banda)
Louis & Beverly Miranda
Fudolfo/Maria David
Gas LTD.
10/13/94
Basins LA1A and 91D
Property
1115 Bay St.
1639 Dayton Ave.
745 Lincoln Ave.
805 Lincoln Ave.
810 Paru St.
740 Santa Clara Ave.
Property
615 Haight Ave.
626 Haight Ave.
630 Lincoln Ave.
630 Pacific Ave.
709 Pacific Ave.
1440 Webster St.
I, the undersigned, hereby certify that the foregoing Resolution
was duly and regularly adopted and passed by the Council of the
City of Alameda in regular meeting assembled on the 18th day of
October , 1994 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Councilmembers Appezzato, Arnerich, Lucas,
Roth and President Withrow - 5.
None.
None.
None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 19th day of October
1994.
Diane B. Felsch, City Clerk
City of Alameda