HomeMy WebLinkAbout04.b. Review draft Position Paper to adopt a Resolution authorizing (1) execution of a Real Property Agreement for property located at 2623 Camino RamonPage 1 of 4
Item 4.b.
DCENTRALSAN
MEETING DATE: DECEMBER 14, 2022
BOARD OF DIRECTORS
POSITION PAPER
DRAFT
SUBJECT: REVIEW DRAFT POSITION PAPER TO ADOPT RESOLUTION
AUTHORIZING (1) EXECUTION OF A REAL PROPERTYAGREEMENT FOR
PROPERTY LOCATED AT 2623 CAMI NO RAMON I N THE CITY OF SAN
RAMON AND (2)AUTHORIZING STAFF TO RECORD DOCUMENTS WITH
THE CONTRA COSTA COUNTY CLERK -RECORDER'S OFFICE
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
ISSUE
A Resolution of the Board of Directors (Board) is required to execute a real property agreement and to
authorize staff to record documents with the Contra Costa County Clerk -Recorder's Office.
BACKGROUND
Staff received an application to review building plans for 2623 Camino Ramon, located in the City of San
Ramon for the construction of a photovoltaic system (solar panels) located in a business park. Staff
identified that the conduit for the solar panels would encroach into a sanitary sewer easement. The existing
10-foot wide sanitary sewer easement was established via Map of Subdivision 5967, filed June 23, 1981 in
Book 253 of Maps on page 49 in the Contra Costa County Clerk -Recorder's Office.
The applicant subsequently submitted an application for a real property agreement, as described in
Chapter 7 of District Code to authorize their proposed Class two encroachment. Staff has determined that
this proposed Class 2 encroachment will not negatively impact daily operations or maintenance and would
be documented through the agreement so their location is identified when future renovation of the pipe is
necessary.
Additionally, the applicant requested changes to the standard agreement which were reviewed by District
Counsel. The final agreement reflects the changes that were approved by District Counsel.
December 14, 2022 REEP Committee Meeting Agenda Packet - Page 10 of 21
Page 2 of 4
ALTERNATIVES/CONSIDERATIONS
1. Reject the request to authorize the proposed Class 2 encroachment. This alternative is not
recommended since the property owner is willing to enter into the real property agreement in
compliance with District Code, and the encroachments will not impact daily operations or
maintenance, and would be documented through the agreement to identify their location when future
renovation of the pipe is necessary.
2. Provide some other direction to staff.
FINANCIAL IMPACTS
A development -related fee was paid by the property owner for the real property agreement as set by
District Ordinance No. 321.
COMMITTEE RECOMMENDATION
The Real Estate, Environmental and Planning Committee reviewed this matter at its meeting on
December 14, 2022 and recommended
RECOMMENDED BOARD ACTION
Adopt the proposed Resolution to authorize the execution of a Real Property Agreement related to 2623
Camino Ramon, located in the City of San Ramon, and to authorize staff to record documents with the
Contra Costa County Clerk -Recorder's Office.
Strategic Plan Tie -In
GOAL ONE: Customer and Community
Strategy 1 - Deliver high -quality customer service
GOAL SIX. Infrastructure Reliability
Strategy 1 - Manage assets optimally
ATTACHMENTS:
1. Proposed Resolution
December 14, 2022 REEP Committee Meeting Agenda Packet - Page 11 of 21
Page 3 of 4
RESOLUTION NO. 2023-
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
EXECUTING AND RECORDING A REAL PROPERTY AGREEMENT
2623 CAMINO RAMON, SAN RAMON, CA
(APN: 213-133-083)
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.: 213-133-083
Property Owner(s): Sunset Land Company, LLC, a California limited liability
company
Site Address: 2623 Camino Ramon, San Ramon, CA 94583
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 with the Contra Costa County Clerk -
Recorder's Office.
PASSED AND ADOPTED this 19t" day of January 2023 by the Board of Directors of Central
San by the following vote:
AYES:
NOES:
ABSENT
COUNTERSIGNED:
Members:
Members:
Members:
Barbara D. Hockett
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
Katie Young
Secretary of the District
Central Contra Costa Sanitary District
County of Contra Costa, State of California
December 14, 2022 REEP Committee Meeting Agenda Packet - Page 12 of 21
Page 4 of 4
Central Contra Costa Sanitary District
Resolution No. 2023-
Page 2 of 2
Approved as to form:
Kenton L. Alm, Esq.
Counsel for the District
December 14, 2022 REEP Committee Meeting Agenda Packet - Page 13 of 21