HomeMy WebLinkAbout04. Approve a real property agreement re: 6 Green Valley Drive, Lafayette, Resolution 2021-019 Page 1 of 3
Item 4.
Algi
CENTRAL SAN BOARD OF DIRECTORS
WE VS.101 M POSITION PAPER
MEETING DATE: APRIL 15, 2021
SUBJECT: ADOPT RESOLUTION NO. 2021-019 AUTHORIZING EXECUTION OF A
REAL PROPERTYAGREEMENT FOR THE PROPERTY LOCATED AT 6
GREEN VALLEY DRIVE IN LAFAYETTE,AND AUTHORIZING STAFF TO
RECORD DOCUMENTS WITH THE CONTRA COSTA COUNTY RECORDER
SUBMITTED BY: INITIATING DEPARTMENT:
DAVID KRAMER, SENIOR RIGHT OF WAY ENGINEERING AND TECHNICAL SERVICES -
AGENT PDS - DEVELOPMENT SERVICES - RIGHT OF
WAY
REVIEWED BY: DANA LAWSON, SENIOR ENGINEER
DANEA GEMMELL, PLANNING AND DEVELOPMENT SERVICES DIVISION
MANAGER
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 (Board) is required to execute a real property agreement for
proposed Class Two encroachments, as defined by District Code 7.15.
BACKGROUND
The property owner wishes to build solar panels on his property which would encroach over Central San's
sanitary sewer easement. The installation is a rack system, 2-4 feet off the ground, installed on 12-inch
April 15, 2021 Regular Board Meeting Agenda Packet- Page 39 of 185
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diameter piers. The panels would encroach on either side of the easement, but not over the sewer pipes
or manhole.
The property owner has included the following mitigation measures: (1) the design has located the panels
to either side of the sewer pipes and manhole but not over them, and (2)the sewer pipe will be located
prior to construction to verify there are no conflicts with the proposed pier locations.
While the mitigation measures will protect the sewer during installation of the encroachment, the mitigation
measures do not completely remove the interference from sewer maintenance or renovation activities.
Therefore, a real property agreement is required to clearly assign liability and responsibility for damage to
Central San facilities or extra costs incurred due to the presence of the encroachment, indemnify Central
San from damage to their encroachments, and states Central San's right to remove the encroachments, if
needed.
ALTERNATIVES/CONSIDERATIONS
Reject the proposed encroachment. This alternative is not recommended since the property owner has
included mitigation measures for the installation and is willing to enter into the real property agreement in
compliance with District Code.
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 will review this matter at its meeting on April
12, 2021; staff will report the Committee's recommendation at the April 15, 2021 Board meeting.
RECOMMENDED BOARD ACTION
Adopt a resolution authorizing the execution of a real property agreement related to 6 Green Valley Drive
in Martinez, and authorizing staff to record documents with the Contra Costa County Recorder.
Strategic Plan Tie-In
GOAL ONE: Customer and Community
Strategy 1—Deliver high-quality customer service
GOAL FIVE:Infrastructure Reliability
Strategy 1—Manage assets optimally to prolong their useful life
ATTACHMENTS:
1. Proposed Resolution
April 15, 2021 Regular Board Meeting Agenda Packet- Page 40 of 185
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RESOLUTION NO. 2021-019
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
EXECUTING AND RECORDING A REAL PROPERTY AGREEMENT
6 GREEN VALLEY DRIVE IN LAFAYETTE
(APN: 230-240-008)
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.: 230-240-008
Property Owner(s): David Deutscher, TRE
Site Address: 6 Green Valley Drive, Lafayette
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 15th day of April, 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
Approved as to form:
Kenton L. Alm, Esq.
Counsel for the District
April 15, 2021 Regular Board Meeting Agenda Packet- Page 41 of 185