HomeMy WebLinkAbout04.d. Recommend the Board adopt Resolution No. 2020- authorizing the execution of a common use agreement for installation of a community wall over a sanitary sewer located in the Town of Danville, and authorizing staff to record documents with the Co Page 1 of 3
Item 4.d.
CENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
DRAFT
MEETING DATE: NOVEMBER 2, 2020
SUBJECT: RECOMMEND THE BOARD ADOPT RESOLUTION NO. 2020-
AUTHORIZING THE EXECUTION OF A COMMON USE AGREEMENT FOR
INSTALLATION OF A COMMUNITY WALL OVER A SANITARY SEWER
LOCATED IN THE TOWN OF DANVILLE, AND AUTHORIZING STAFF TO
RECORD DOCUMENTS WITH THE CONTRA COSTA COUNTY RECORDER
SUBMITTED BY: INITIATING DEPARTMENT:
DANA LAWSON, SENIOR ENGINEER ENGINEERING AND TECHNICAL SERVICES -
PDS - DEVELOPMENT SERVICES - RIGHT OF
WAY
REVIEWED BY: DANEA GEMMELL, PLANNING & DEVELOPMENT SERVICES DIVISION
MANAGER
JEAN-MARC PETIT, DIRECTOR OF ENGINEERING & TECHNICAL
SERVICES
ISSUE
A resolution of the Board of Directors (Board) is required to execute a common use agreement.
BACKGROUND
Staff received an encroachment verification application for a community wall within the Town of Danville.
During the application process, staff identified a conflict between the sanitary sewer easement language
and the approved mainline extension plans from 1998 that included installation of a future community wall
over the 8" ductile iron sanitary sewer main. The improvement plan for Subdivision 8078, approved by
Central San in 1998, clearly showed the future closure of Fairwood Court in the Town of Danville and the
recent plans submitted for an encroachment verification application matched those plans. The closure of
Fairwood Court connecting to Camino Tassajara was promised to the future and current owners and to the
Town Council of Danville.
To resolve the conflict, staff requested that the Town of Danville enter into a common use agreement to
clarify the Town's responsibility for the wall. The Town of Danville agreed and signed the common use
agreement.
ALTERNATIVES/CONSIDERATIONS
The Board could reject the proposed installation of the community wall. This alternative is not
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recommended since Central San approved the mainline extension plans for the subdivision that show the
future installation of the community wall and the Town of Danville has willingly signed the common use
agreement.
FINANCIAL IMPACTS
None.
COMMITTEE RECOMMENDATION
The Real Estate, Environmental and Planning Committee reviewed this matter at its meeting on November
2, 2020 and recommended
RECOMMENDED BOARD ACTION
Adopt a resolution authorizing the execution of a common use agreement with the Town of Danville related
to the community wall, and authorizing staff to record documents with the Contra Costa County Recorder.
Strategic Plan Tie-In
GOAL ONE: Customer and Community
Strategy 2—Maintain a positive reputation
GOAL THREE: Fiscal Responsibility
Strategy 1—Maintain financial stability and sustainability
GOAL FIVE:Infrastructure Reliability
Strategy 1—Manage assets optimally to prolong their useful life
ATTACHMENTS:
1. Proposed Resolution
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RESOLUTION NO. 2020-
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
EXECUTING A COMMON USE AGREEMENT
WITH THE TOWN OF DANVILLE
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 Town of
Danville related to the indicated property:
Assessors' Parcel No.: 217-490-004 & 217-490-005
Site Address: 100 & 101 Fairwood Ct, Danville
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 19th day of November, 2020 by the Board of Directors of
Central San by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
Michael R. McGill
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
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