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Home My WebLink About25.a. Committee Minutes-Real Estate, Environmental & Planning 12-14-2022Item 25.a. J anuary 19, 2023 T O: HO NO R A B L E B O A R D O F D I R E C TO R S F RO M :K AT I E YO UNG, S E C R E TA RY O F T HE D I S T R I C T S UB J E C T: D E C E MB E R 14, 2022 - R E A L E S TAT E, E NV I R O NME NTA L & P L A NNI NG C O MMI T T E E - C HA I R HO C K E T T A ND ME MB E R W I L L I A MS Attached are minutes of the above C ommittee meeting. AT TAC HM E NT S : D escription 1. Minutes of 12-14-22 meeting January 19, 2023 Regular Board Meeting Agenda Packet - Page 286 of 319 Page 1 of 5 REGULAR MEETING OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT REAL ESTATE, ENVIRONMENTAL & PLANNING COMMITTEE M I N U T E S Wednesday, December 14, 2022 9:00 a.m. (All attendees participated via videoconference) Committee: Chair Barbara Hockett Member David Williams Staff: Roger S. Bailey, General Manager Katie Young, Secretary of the District Philip Leiber, Director of Finance and Administration Danea Gemmell, Planning and Development Services Division Manager Edgar Lopez, Capital Projects Division Manager (left during Item 5.b.) Lori Schectel, Environmental and Regulatory Compliance Division Manager Dana Lawson, Senior Engineer (left during Item 5.b.) Mary Lou Esparza, Laboratory Program Administrator Kim Stahl, Development Services Supervisor (left after Item 5.a.) Stacey Durocher, Administrative Services Assistant 1. Notice This meeting was conducted virtually in accordance with the provisions stipulated in Assembly Bill 361, and adopted on December 1, 2022 by the Central San Board of Directors. The agenda included instructions for options in which the public could participate in the meeting. 2. Call Meeting to Order Chair Hockett called the meeting to order at 9:00 a.m. BOARD OF DIRECTORS: DAVID R. WILLIAMS President BARBARA D. HOCKETT President Pro Tem MARIAH N. LAURITZEN MICHAEL R. MCGILL TAD J. PILECKI PHONE: (925) 228-9500 FAX: (925) 372-0192 www.centralsan.org January 19, 2023 Regular Board Meeting Agenda Packet - Page 287 of 319 Page 2 of 5 Real Estate, Environmental & Planning Committee Minutes December 14, 2022 Page 2 3. Public Comments None. 4. Items for Committee Recommendation to Board a. Review draft Position Paper to adopt two proposed Resolutions and accept an Easement Declaration related to La Ruth Manor Subdivision for District Project 100023, Walnut Creek Sewer Renovations, Phase 16, and authorize staff to record the documents with the Contra Costa County Clerk-Recorder's Office Ms. Lawson reviewed the draft Position Paper included in the agenda materials. She advised that during the planning phase of this project, staff became aware of an unauthorized five-foot encroachment of a detached garage built over the sanitary sewer easement, and the side sewer connection to the public sewer main. Member Williams asked if Central San was paying to relocate the sewer as requested by the property owners. Ms. Lawson responded that the property owners are not being compensated for relocation of the sewer pipe and further explained that Central San had made several attempts to negotiate easement exchanges so the pipe could be relocated out of the easement along the rear of the property where the garage was built on top of the pipe and moving the pipe to the rear of the property line. County Records show the construction of the detached garage was permitted by Contra Costa County in 1958, but not approved by Central San. Member Williams expressed his concern that this was being done to meet the needs of Central San only, and not to solve the homeowners’ issues with an illegal encroachment. Mr. Lopez discussed the options that were reviewed by staff and believes the best engineering solution is moving the pipe as discussed. Mr. Lopez added that due to the detached garage built above the pipe there are other issues impacting this situation including trees that would need to be removed, and the alignment to other properties serviced on this line. Two property owners have challenged Central San’s rights to perform the work, stating the easement was not officially dedicated and accepted. Staff has confirmed the Subdivision Map was in fact dedicated, and a second five- foot easement was created via an Easement Declaration and recorded in 1953. No further negotiations are necessary regarding easement exchanges. Therefore, relocation of private sanitary sewer laterals will the responsibility of the property owner. January 19, 2023 Regular Board Meeting Agenda Packet - Page 288 of 319 Page 3 of 5 Real Estate, Environmental & Planning Committee Minutes December 14, 2022 Page 3 Staff advised that when this item is submitted to the Board for approval, the Easement Declaration and Resolution will be submitted as one document to eliminate redundancy. COMMITTEE ACTION: Recommended Board approval. b. Review draft Position Paper to adopt a Resolution authorizing (1) execution of a Real Property Agreement for property located at 2623 Camino Ramon in the City of San Ramon and (2) authorizing staff to record documents with the Contra Costa County Clerk-Recorder's Office Ms. Lawson discussed the site improvement plans received requesting to install solar on the referenced property. Due to installation of the solar and Central San’s easement that bisects the property, there needs to be a conduit installed to connect the two canopies and the power that runs across Central San’s easement. This is defined as a Class II encroachment, being that it is subsurface, which needs Board approval. Ms. Lawson further explained this new encroachment is only for the conduit to connect the power, and the canopies and foundation for the solar are outside of the encroachment area. District Counsel had agreed to the minor changes to the real property agreement that were requested by the property owners. COMMITTEE ACTION: Recommended Board approval. 5. Other Agenda Items a. Receive Quarterly Permit Counter/Plan Review Report Ms. Lawson reviewed the report included in the agenda materials. There was discussion regarding the slight uptick in applications most likely due to the upcoming 2023 Building Code updates, and how staff is handling the permit request workload. Ms. Stahl advised that the Permit Counter still has temporary employees, including some retirees, and a new team member has been hired to help accommodate the workload. She noted that review turnaround times have improved. COMMITTEE ACTION: Received the report. January 19, 2023 Regular Board Meeting Agenda Packet - Page 289 of 319 Page 4 of 5 Real Estate, Environmental & Planning Committee Minutes December 14, 2022 Page 4 b. Receive update on the most recent meeting of the Bay Area Clean Water Agencies (BACWA) Ms. Schectel provided an overview of the information provided in the agenda packet including a brief summary of the recent BACWA meetings. BACWA staff will be meeting with the 15 BACWA agencies with the highest nutrient loads, including Central San, to discuss planning efforts regarding nutrients. The largest agencies make-up 95 percent of Publicly Owned Treatment Works (POTW s) nutrient load to the Bay. The Water Boardis looking to gain an understanding of what reductions can take place.. The Regional Nutrient Management Steering Committee met last Friday. It was noted that wind, temperature, irradiance, and other external forces impacted the algae bloom growth, but it is still not clear which had the greatest impact. It was noted the POTW loads to the Bay enabled the bloom to continue growing. Member Williams asked if there has been any policy shift from the Water Board staff as a result of the bloom. Ms. Schectel responded that the Water Board is shifting its focus to reductions both short and long- term. COMMITTEE ACTION: Received the update. 6. Announcements None. 7. Suggestions for future agenda items a. Receive list of upcoming agenda items and provide suggestions for any other future agenda items COMMITTEE ACTION: Received the list. 8. Future scheduled meetings Wednesday, January 18, 2023 at 9:00 a.m. Wednesday, February 22, 2023 at 9:00 a.m. Wednesday, March 22, 2023 at 9:00 a.m. 9. Adjournment – at 9:29 a.m. January 19, 2023 Regular Board Meeting Agenda Packet - Page 290 of 319 Page 5 of 5