HomeMy WebLinkAbout10. Authorize common use agreement with the Town of Danville Page 1 of 3
Item 10.
CENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
MEETING DATE: NOVEMBER 19, 2020
SUBJECT: ADOPT RESOLUTION NO. 2020-057 AUTHORIZING THE EXECUTION OF A
COMMON USE AGREEMENT FOR INSTALLATION OF A COMMUNITY
WALL OVER A SANITARY SEWER LOCATED IN THE TOWN OF DANVI LLE
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
Roger S. Bailey Kenton L. Alm
General Manager District Counsel
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
November 19, 2020 Regular Board Meeting Agenda Packet- Page 57 of 152
Page 2 of 3
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
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
On November 2, 2020, the Real Estate, Environmental and Planning Committee reviewed this matter and
recommended Board approval.
RECOMMENDED BOARD ACTION
Adopt a resolution authorizing the execution of a common use agreement with the Town of Danville related
to the community wall.
Strategic Plan re-In
GOAL ONE: Customer and Community
Strategy 2—Maintain a positive reputation
GOAL FIVE: Infrastructure Reliability
Strategy 1—Manage assets optimally to prolong their useful life
ATTACHMENTS:
1. Proposed Resolution
November 19, 2020 Regular Board Meeting Agenda Packet- Page 58 of 152
Page 3 of 3
RESOLUTION NO. 2020-057
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 Common Use 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
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
November 19, 2020 Regular Board Meeting Agenda Packet- Page 59 of 152