HomeMy WebLinkAbout04.a. Review draft Position Paper to adopt Resolution No. 2021- authorizing the execution of a Real Property Agreement for the property located at 192 Cypress Point Way in Moraga, and authorizing staff to record documents with the Contra Costa Count Page 1 of 4
Item 4.a.
Algi CENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
DRAFT
MEETING DATE: JANUARY 11, 2021
SUBJECT: REVIEW DRAFT POSITION PAPER TO ADOPT RESOLUTION NO. 2021-
AUTHORIZING THE EXECUTION OF A REAL PROPERTYAGREEMENT
FOR THE PROPERTY LOCATED AT 192 CYPRESS POI NT WAY I N
MORAGA,AND AUTHORIZING STAFF TO RECORD DOCUMENTS WITH
THE CONTRA COSTA COUNTY RECORDER
SUBMITTED BY: INITIATING DEPARTMENT:
KATHLEEN RODRIGUEZ, SENIOR RIGHT OF ENGINEERING AND TECHNICAL SERVICES-
WAYAGENT PDS-DEVELOPMENTSERVICES-MAINLINE
REVI EW
REVIEWED BY: DANA LAWSON, SENIOR ENGINEER
DANEA GEMMELL, PLANNING & DEVELOPMENT SERVICES DIVISION
MANAGER
JEAN-MARC PETIT, DIRECTOR OF ENGINEERING & TECHNICAL
SERVICES
ISSUE
A resolution of the Board of Directors is required to execute a real property agreement and to record the
document with the Contra Costa County Recorder.
BACKGROUND
An application was received to review building plans for 192 Cypress Point Way, Moraga. Staff identified
an unauthorized encroachment of a portion of the east side of the garage which was located in a 15-foot
sanitary sewer easement area. Central San's understanding is the encroachment has existed since the
home was built sometime in 1973. The applicant wished to replace existing pavement with new pavement
for a golf cart path to the golf cart garage which does not encroach over the easement. Staff requested the
property owner enter a real property agreement for the encroachments as required by Chapter 7 of the
District Code.
ALTERNATIVES/CONSIDERATIONS
Reject the proposed encroachments. This alternative is not recommended since the property owner is
willing to enter into the real property agreement in compliance with District Code.
January 11, 2021 REEP Committee Meeting Agenda Packet- Page 4 of 49
Page 2 of 4
FINANCIAL IMPACTS
A development-related fee was paid by the property owner for the real property agreement, as set by
District Ordinance No. 310.
COMMITTEE RECOMMENDATION
The Real Estate, Environmental and Planning Committee reviewed this matter at its meeting on January
11, 2021 and recommended
RECOMMENDED BOARD ACTION
Adopt a resolution authorizing the execution of a real property agreement related to 192 Cypress Point
Way in Moraga, and authorizing staff to record documents with the Contra Costa County Recorder.
Strategic Plan Tie-In
GOAL FIVE:Infrastructure Reliability
Strategy 1—Manage assets optimally to prolong their useful life
ATTACHMENTS:
1. Proposed Resolution
January 11, 2021 REEP Committee Meeting Agenda Packet- Page 5 of 49
Page 3 of 4
RESOLUTION NO. 2021-
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
EXECUTING AND RECORDING A REAL PROPERTY AGREEMENT
192 CYPRESS POINT WAY, MORAGA
(APN: 257-430-084)
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 owner related to the indicated property:
Assessors' Parcel No.: 257-430-084
Property Owner(s): George Thomas Wolfman and Carole Eileen Wolfman,
Trustees of the Wolfman Family Trust dated August 21,
1990
Site Address: 192 Cypress Point Way, Moraga
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 (day) of (month) 2021, by the Board of Directors of Central
San by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
Tad J. Pilecki
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
January 11, 2021 REEP Committee Meeting Agenda Packet- Page 6 of 49
Page 4 of 4
Central Contra Costa Sanitary District
Resolution No. 2021-
Page 2 of 2
Approved as to form:
Kenton L. Alm, Esq.
Counsel for the District
January 11, 2021 REEP Committee Meeting Agenda Packet- Page 7 of 49