CiTY OF OAKLAND

Interoffice Letter

To

From

City Manager _

Attention

Henry_ Ly.Gardner

Date

March 24.

1987

Office of Public ' Works

Resolution Granting a Conditional

Subject

Revocable Permit for a Private Sewer

A resolution has been prepared granting Jacoba McKay, owner of the real property
commonly known as 690 Panoramic Way, a conditional revocable permit to construct
and maintain a private sanitary sewerline extension within the public right -of -way
The private sewerof Dwight Way located in the Panoramic Hill area of Oakland.
line extension will run a distance of 315 feet from the terminus of the existing
public sewer main in Dwight Way, northerly of Dwight Place, to the McKay dwelling
at 690 Panoramic Way.
The resolution also authorizes the City Manager to execute
an agreement between the City of Oakland, City of Berkeley and Jacoba McKay which
specifies conditions for the construction of a private sanitary sewerline within
the

proposed encroachment area.

The Panoramic Hill area is a partially developed subdivision located in steep

terrain between the former California School

for the Blind and Deaf site and the

University of California Strawberry Canyon area.

The only access to the area is
through the City of Berkeley via Panoramic Way, a narrow and winding street that
The Oakland
allows only one vehicle to pass at a time at numerous locations.
portion of the Panoramic Hill area presently contains 56 homes plus 145 undeveloped
lots.
Twelve of the homes are sewered by an old and inadequate public sewerline

extending from the City of Berkeley

In order to limit the construction of additional homes in the area because of the
inadequate access and sewer facilities, the Cities of Oakland and Berkeley agreed
Since
in 1967 to not allow any extension of the public sewer main in this area.
1967, homes built in the area have utilized septic tank systems for sewage
disposal.

In

1984,

the City of Oakland by ordinance prohibited the construction

of new septic tank systems and no new homes have been built in this area.

On December 12,

1985, the Alameda County Health Department cited the property

owner at 690 Panoramic Way for a failed septic tank system which constitutes a
public

health hazard.
The septic tank system is no longer usable, repairable
expandable and the owner will have to abandon the residence unless allowed to
connect to the public sewer system

or

It is desirable to provide a means to allow existing homes on septic systems to

access the public sewer system when their septic systems fail.

However,

extension

of the public sewer main to these properties would provide opportunity for
intervening undeveloped properties to connect and thereby build on their
properties

Additional

homes in this area would exacerbate the access and

sanitary sewer capacity problems.

soo-w

zts1

2-

Staffs of the Office of Public Works and the City Attorney' s Office have reviewed
the issues and concluded that the best method of providing connection to the

public sewer system for the existing Panoramic area homes on septic tanks,
providing sewer service to undeveloped lots, is through the use of private
using public

without

sewerlines

The use of the public rights -of -way requires issuance

rights -of -way

by the city of revocable encroachment permits

As a condition of the permit, an agreement between the Cities of Berkeley and
Oakland and Dr McKay for the construction of the private sewer provides that

only owners of existing residences can tie into the private sewer extension
The agreement will enable said owners to tie into the proposed sewerline at
their proportionate share of the total cost of the project
Dr McKay and
these owners will be responsible for the maintenance of the private sewerline
The agreement also provides that, if requested by the City of Oakland, the

private sewer must be dedicated to the City

This condition would only be
exercised if additional adequate street access and sewer capacity is developed
at some future time

The proposed encroachment will

not interfere with the right of the public to use

the street area and has been found to be categorically exempt from the requirements
of the California Environmental Quality Act

The permittee will be required to insure the City against any liability which

may be incurred as a result of granting this permit

The Berkeley City Council approved their participation in the execution of the
1987 Construction
and other construction details were reviewed with the

joint agreement at their City Council meeting of March 17,

scheduling,

traffic control

community at a recent public meeting

Staff recommends approval

of the

resolut on

Public

Works

APPROVED AND FORWARDED

TO THE CITY COUNCIL

Offic

the Cityonager

2`I 87