HomeMy WebLinkAbout05. Authorize real property agreement re 18 Monterey Terrace in Orinda Page 1 of 3
Item 5.
CENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
MEETING DATE: FEBRUARY21, 2019
SUBJECT: ADOPT RESOLUTION NO. 2019-003 AUTHORIZING EXECUTION OFA
REAL PROPERTYAGREEMENT RELATED TO 18 MONTEREY
TERRACE IN ORINDAAND RECORDING OF THE AGREEMENT
SUBMITTED BY: INITIATING DEPARTMENT:
DANEA GEMMELL, PLANNING AND ENG-PDS-DIVISION MANAGER
DEVELOPMENT SERVICES DIVISION
MANAGER
REVIEWED BY: JEAN-MARC PETIT, DIRECTOR OF ENGINEERING AND TECHNICAL
SERVICES
Roger S. Bailey Kenton L. Alm
General Manager District Counsel
ISSUE
A resolution of the Board of Directors is required to execute a real property agreement and to record the
document.
BACKGROUND
Staff received an application in July 2018 for an easement verification for construction of a retaining wall to
protect a home from a local land slide caused by spring storms. During the verification process, staff
identified that the proposed retaining wall encroached into Central San's easement. Staff reviewed and
signed-off the plans in an effort to secure the hillside. Staff requested that the property owners enter into a
real property agreement for the encroachment as required by Chapter 7 of District Code. At this time,
construction of the retaining wall is complete and was inspected by staff and a geotechnical engineer to
confirm that the pipe is secure.
February 21, 2019 Regular Board Meeting Agenda Packet- Page 25 of 111
Page 2 of 3
ALTERNATIVES/CONSIDERATIONS
The Board could decline to authorize the real property agreement. This alternative is not recommended
since the encroachment will protect the owners' property and Central San from potential future storm
damage, and the property owners are willing to enter into the real property agreement in compliance with
District Code.
FINANCIAL IMPACTS
None. Since Central San benefits from protection of its pipe with the construction of the retaining wall by
the property owners, the development-related fee, which is set by District Ordinance No. 302, will not be
charged for this real property agreement.
COMMITTEE RECOMMENDATION
This item was not reviewed by a Board Committee.
RECOMMENDED BOARD ACTION
Adopt a resolution (1) authorizing execution of a real property agreement related to 18 Monterey Terrace,
Orinda; and (2) authorizing staff to record the document with the Contra Costa County Recorder.
Strategic Plan Tie-In
GOAL ONE: Provide Exceptional Customer Service
Strategy 1 - Build external customer relationships and awareness
GOAL FIVE: Maintain a Reliable Infrastructure
Strategy 2- Facilitate long-term capital renewal and replacement
ATTACHMENTS:
1. Proposed Resolution
February 21, 2019 Regular Board Meeting Agenda Packet- Page 26 of 111
Page 3 of 3
RESOLUTION NO. 2019-003
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
EXECUTING AND RECORDING A REAL PROPERTY AGREEMENT
18 MONTEREY TERRACE IN ORINDA
(APN: 268-130-013)
BE IT RESOLVED by the Board of Directors of Central Contra Costa Sanitary District
(Central San) as follows:
THAT Central San hereby authorized to execute a Real Property Agreement with the
following property owners related to the property at:
Assessors' Parcel No.: 268-130-013
Property Owners: Paul W. Cane Jr. and Ann G. Newton Cane
Site Address: 18 Monterey Terrace, Orinda
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 the documents in the office of the Recorder of Contra
Costa County.
PASSED AND ADOPTED this 21 st day of February, 2019, by the Board of Directors of the
District 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
February 21, 2019 Regular Board Meeting Agenda Packet- Page 27 of 111