HomeMy WebLinkAbout05.b. Review draft Position Paper to conduct a Public Hearing on September 16, 2021 at 1:30 P.M., to Consider Relinquishment of a District Sewer Facility at 0 Country Club Drive And 1600 St. Andrews Drive In Moraga, Adopt Resolution Ordering Relinquishmen Page 1 of 5
Item 5.b.
CENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
DRAFT
MEETING DATE: AUGUST 16, 2021
SUBJECT: REVIEW DRAFT POSITION PAPER TO CONDUCTA PUBLIC HEARING ON
SEPTEMBER 16, 2021 AT 1:30 P.M., TO CONSIDER RELINQUISHMENT OF
A DISTRICT SEWER FACILITYAT 0 COUNTRY CLUB DRIVE AND 1600 ST.
ANDREWS DRIVE IN MORAGA, ADOPT RESOLUTION ORDERING
RELINQUISHMENT OF THE SEWER FACILITY CONSTRUCTED WITH JOB
1567, AUTHORIZE EXECUTION OF A QUITCLAIM DEED, AND AUTHORIZE
THE RECORDING OF SAID DOCUMENTS
SUBMITTED BY: INITIATING DEPARTMENT:
DANA LAWSON, SENIOR ENGINEER ENGINEERING AND TECHNICAL SERVICES -
PDS - DEVELOPMENT SERVICES - RIGHT OF
WAY
REVIEWED BY: DANEA GEMMELL, PLANNING AND DEVELOPMENT SERVICES DIVISION
MANAGER
JEAN-MARC PETIT, DIRECTOR OF ENGINEERING AND TECHNICAL
SERVICES
ISSUE
A resolution of the Board of Directors (Board) is required to relinquish a sewer facility or quitclaim an
easement. The Board must conduct a public hearing before considering a Resolution for Relinquishment,
and a two-thirds vote is required for adoption of the resolution. Central San must send the property owner a
written notice of the date and time of the Board meeting where the relinquishment hearing will be
conducted.
BACKGROUND
A public sewer was installed in 1950 which routed flow across the Moraga Country Club
Homeowner's Association (HOA) golf course, around the clubhouse to cross St. Andrews Drive. In 1964,
a larger trunk sewer was installed within the public right-of-way of Moraga Way which diverted the flow that
previously crossed the golf course. The connection remained to allow a passive overflow route. However,
recent review of the collection system confirms that this passive overflow does provide a significant benefit
to Central San.
I n 2021, the HOA submitted plans to expand their clubhouse. I n reviewing the project, a mutually beneficial
alternative was discussed to relinquish the public sewer mains (Asset I Ds: 73E6-M5/73E6-M4, 73E6-
August 16, 2021 REEP Committee Meeting Agenda Packet- Page 23 of 69
Page 2 of 5
M4/73E6-M3 and 73E6-M3/73E6-M61) crossing the golf course to the HOA since the only active
connections are side sewers serving HOA buildings.
To have full use of their property without consideration to Central San's sewers or easement, the property
owner sent a letter dated June 28, 2021 requesting that Central San relinquish the 12" sewer mains to the
HOA to continue as private sewers and quitclaim the associated easements. These sewers were installed
under a local improvement District Project (x1567) at 0 Country Club Drive and 1600 St. Andrews Drive in
Moraga (APNs 257470004 and 257440001).
1 n the letter, the HOA acknowledges the existing sewer improvements located within Central San's
easement and that Central San makes no representation or guarantee as to the condition of those Assets.
The HOA further agrees to take full ownership of said Assets once the Quitclaim and Relinquishment of
Assets process is authorized and approved by the Central San's Board.
Relinquishing these public sewer facilities and quitclaiming the easement to the Moraga Country Club
benefits Central San as this sewer pipe and manholes only serve the subject parcel. District Code Section
9.40.030 provides for the Board to consider relinquishment of a public sewer after conducting a properly
noticed public hearing, and Section 7.03.020 sets the procedure for quitclaiming easements. The required
written notice has been sent to Moraga Country Club HOA, the owner of record.
ALTERNATIVES/CONSIDERATIONS
The Board could decline to relinquish the sewer facilities and reject authorizing execution of the quitclaim
deed. If the public sewer remains in the Central San's collection system, encroachments within the existing
easement will need to be resolved.
FINANCIAL IMPACTS
None; as the property owner paid the applicable fees for preparation, processing, and recording the
quitclaim deed and resolution.
COMMITTEE RECOMMENDATION
The Real Estate, Environmental and Planning Committee reviewed this matter at its meeting on August
16, 2021 and recommended
RECOMMENDED BOARD ACTION
1) Conduct a public hearing to consider relinquishment of a public sewer located at 0 Moraga Way and
1600 St. Andrews Drive in Moraga;
2)Adopt a resolution ordering relinquishment of the sewer and authorizing execution of a quitclaim deed
for its associated easement to the property owner, Moraga Country Club Homeowners Association; and
3)Authorize staff to record the documents with the Contra Costa County Recorder.
Strategic Plan re-In
GOAL ONE: Customer and Community
Strategy 2—Maintain a positive reputation
August 16, 2021 REEP Committee Meeting Agenda Packet- Page 24 of 69
Page 3 of 5
GOAL FIVE:Infrastructure Reliability
Strategy 1—Manage assets optimally to prolong their useful life
ATTACHMENTS:
1. Proposed Resolution
August 16, 2021 REEP Committee Meeting Agenda Packet- Page 25 of 69
Page 4 of 5
ATTACHMENT 1
RESOLUTION NO. 2021-
ADOPT RESOLUTION ORDERING RELINQUISHMENT
OF THE SEWER FACILITY CONSTRUCTED WITH JOB 1567,
AUTHORIZE EXECUTION OF A QUITCLAIM DEED, AND
AUTHORIZE THE RECORDING OF SAID DOCUMENTS
WHEREAS, pursuant to District Code Chapter 9.30, it may be necessary for the Central
Contra Costa Sanitary District (District), in the best interests of the District and
ratepayers, to relinquish ownership and maintenance responsibility for certain sewer
facilities that exist on a single property or in a common area of a condominium property;
and
WHEREAS, Moraga Country Club Homeowners Association (Owner), the owner of
record of the property at 0 Country Club Drive and 1600 St. Andrews Drive in Moraga,
Assessor Parcel Numbers: 257470004 and 257440001 (Property), has requested that
the District relinquish a public sanitary sewer and a public sanitary sewer manholes
(sewer facilities) within the Property; and
WHEREAS, the Owner has also requested that the District quitclaim the associated
easements described as Parcle 1 of Job 2297, recorded on June 20, 1973 at the Contra
Costa County Recorder's Office in Book 7004, Page 79, and a portion of Parcle 31 of
Job 1567, recorded on March 28, 1950 at the Contra Costa County Recorder's Office in
Book 1530, Page 270; and
WHEREAS, pursuant to District Code 9.30.020, a notice of determination of the
District's intent to relinquish sewer facilities was sent to the Owner of the subject
property, and said Owner was given a reasonable opportunity to appear and be heard
before the Board of Directors of the District on this matter; and
WHEREAS, pursuant to District Code 9.30.030, a properly noticed hearing was held on
September 16, 2021 , at 1 :30 p.m. in the Board Room of the District.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the District as
follows:
THAT approximately 578 linear feet of an 12-inch public sewer and 2 manholes, which
were installed with Job 1567 and are located on the Property, are hereby relinquished to
the Owner of said parcel of land; and
THAT staff is authorized to execute a quitclaim deed to the Owner; and
THAT staff is authorized to record this resolution and the quitclaim deed with the Contra
Costa County Recorder.
August 16, 2021 REEP Committee Meeting Agenda Packet- Page 26 of 69
Page 5 of 5
Central Contra Costa Sanitary District
Resolution No. 2021-
Page 2 of 2
PASSED AND ADOPTED this 16th day of September 2021, by the Board of Directors of
the District 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
August 16, 2021 REEP Committee Meeting Agenda Packet- Page 27 of 69