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Home My WebLink About10. Authorize a Real Property Agreement for a Class 2 Encroachment at Orinda Country Club Page 1 of 5 Item 10. CENTRAL SAN BOARD OF DIRECTORS POSITION PAPER MEETING DATE: JULY 7, 2022 SUBJECT: ADOPT RESOLUTION NO. 2022-035 AUTHORIZING EXECUTION OFA REAL PROPERTYAGREEMENT FOR A CLASS 2 ENCROACHMENT LOCATED AT 315 CAMI NO SOBRANTE I N ORI NDA, AND AUTHORIZI NG STAFF TO RECORD DOCUMENTS WITH THE CONTRA COSTA COUNTY RECORDER SUBMITTED BY: INITIATING DEPARTMENT: KATHLEEN RODRIGUEZ, REAL PROPERTY ENGINEERING AND TECHNICAL SERVICES - AGENT PDS - DEVELOPMENT SERVICES - RIGHT OF WAY REVIEWED BY: DANA LAWSON, SENIOR ENGINEER DANEA GEMMELL, PLANNING & 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 and to record the document with the Contra Costa County Recorder. BACKGROUND Staff received an application to review site improvement plans for 315 Camino Sobrante, Orinda, where the Orinda Country Club is planning renovations of their tennis courts. Staff identified that there were July 7, 2022 Regular Board Meeting Agenda Packet- Page 55 of 137 Page 2 of 5 existing encroachments consisting of a portion of the tennis court, a light pole and a 36-inch storm drain. Furthermore, the Orinda Country Club wishes to relocate the 36-inch storm drain, which will still encroach into the easement, and add additional storm drain connections of 4-inch, 8-inch, 12-inch pipes, a trench drain, and additional light poles within the existing sanitary sewer easement. The existing 36-inch storm drain pipe was installed with less than a one-inch clearance over the existing 8- inch sanitary sewer pipe (which is a concrete mortar lined and coated steel pipe). The proposed storm drain facilities will have clearances of two-inches with the 36-inch storm drain pipe, 4-inch with the 12-inch storm drain pipe, and over two-feet with the 8-inch storm drain pipe and trench drain. While the clearances are slightly better, two of those are significantly less than the 12-inch clearance required by Central San's Standard Specifications for Design and Construction. The existing sanitary sewer was installed with a sub- standard slope due to topography and is, therefore, on a six-month hydroflush schedule since an adequate flushing velocity cannot be achieved with the sub-standard slope; however, the recent CCTV inspection from 2020 shows no root intrusion and suggests the pipe is still in good condition, except that a portion of the pipe is becoming exposed along the dam of Lake Cascade. The existing 15-foot wide sanitary sewer easement was established via Grant of Easement, filed on April 11, 1951 in Book 1746 at Page 28 in the Contra Costa County Recorder's Office. The Country Club also requested encroachments of a cantilevered roof and viewing deck. Since Capital Projects has been looking into renovating this pipe due to the cleaning frequency and exposed portion, this request was denied by staff at this time. I n a meeting between Development Services, Capital Projects, and the Country Club at the end of May 2022, all parties are willing to work together to determine the feasibility of a mutually-beneficial relocation of the sewer away from the tennis facility and Lake Cascade, which may result in a new easement and quitclaim in the near future. Attachment 2 provides a letter recently received from the Country Club of the intent to explore alternatives. Staff requested the property owner enter into a real property agreement for the improvements that will encroach into Central San's easement, which are classified as Class 2 encroachments under Chapter 7 of the District Code. ALTERNATIVES/CONSIDERATIONS Reject the proposed improvements. This alternative is not recommended since the property owner is willing to enter into the real property agreement in compliance with District Code, the topography limits possible alignments for both the sanitary sewer and storm drains because both must flow by gravity, and the Country Club is willing to consider a mutually-beneficial easement exchange to allow for relocation of the sewer in the future. FINANCIAL IMPACTS A development-related fee was paid by the property owner for the real property agreement, as set by District Ordinance No. 317. COMMITTEE RECOMMENDATION The Real Estate, Environmental and Planning Committee reviewed this matter at its meeting on June 15, 2022 and recommended approval. July 7, 2022 Regular Board Meeting Agenda Packet- Page 56 of 137 Page 3 of 5 RECOMMENDED BOARD ACTION Adopt the proposed resolution authorizing execution of a Real Property Agreement for a Class 2 encroachment located at 315 Camino Sobrante in Orinda, and authorizing staff to record documents with the Contra Costa County Recorder. Strategic Plan re-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 2. Letter from Orinda Country Club dated 05-31-22 July 7, 2022 Regular Board Meeting Agenda Packet- Page 57 of 137 Page 4 of 5 Attachment 1 RESOLUTION NO. 2022-035 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT EXECUTING AND RECORDING A REAL PROPERTY AGREEMENT ORINDA COUNTRY CLUB (APN: 262-300-003) 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.: 262-300-003 Property Owner(s): Orinda Country Club, a California Non-Profit Mutual Benefit Corporation Site Address: 315 Camino Sobrante, Orinda, CA 94563 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 7t" day of July 2022 by the Board of Directors of Central San by the following vote: AYES: Members: NOES: Members: ABSENT: Members: David R. Williams 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 July 7, 2022 Regular Board Meeting Agenda Packet- Page 58 of 137 Page 5 of 5 Attachment 2 ORINDA COUNTRY CLUB Ms. Dana Lawson Central Contra Costa Sanitary District 5019 Imhoff Place cE'vED Martinez,CA 94553 RE May 31, 2022 MAy 312022 Re: Orinda Country Club-Central Sanitary Districtdm`n CJer j1ceS A Dear Ms. Lawson, Thank you, again for the conversation last week regarding the current project by Orinda Country Club (OCC) and the openness of the Central Sanitary District(Central San)to reach a mutually beneficial solution to allow our project to proceed. Attached please find the fully executed and notarized Real Property Agreement. We also look forward to working with you and your team to investigate the feasibility of an alternative location and routing for Central San's sewer line including the possible tie-in to the manhole located on the 18th hole of our golf course. This letter is intended to convey OCC's interest in exploring the feasibility of the alternative routing once the due diligence is performed by Central San. We do, however,want to be very clear that this indication of support and willingness is not a firm commitment to allow alternative routing as we must fully understand the short-and long-term impacts to OCC. Finally, we do hope you are able to approve our drawings in the near future as opposed to needing to wait until early July to do so, as the impact to our members has been far reaching. I greatly appreciate your prompt attention to this and willingness to collaborate a long term mutually agreeable solution for both OCC and Central San. Resp tfully su itted, I c6la-0- Man Thomas, CCM General Manager July 7, 2022 Regular Board Meeting Agenda Packet- Page 59 of 137