HomeMy WebLinkAbout08. Adopt Resolution 2023-016 authorizing 1) execution of a real property agreement for property located at 650 La Casa Via in Walnut Creek and; 2) staff to record documents with the Contra Costa County Clerk-Recorder's OfficeDCENTRALSAN
MEETING DATE: JUNE 1, 2023
BOARD OF DIRECTORS
POSITION PAPER
Page 1 of 3
Item 8.
SUBJECT: ADOPT RESOLUTION 2023-016 AUTHORIZING 1) EXECUTION OF AREAL
PROPERTYAGREEMENT FOR PROPERTY LOCATED AT 650 LA CASA VIA
IN WALNUT CREEK AND; 2) STAFF TO RECORD DOCUMENTS WITH THE
CONTRA COSTA COUNTY CLERK -RECORDER'S OFFICE
SUBMITTED BY:
INITIATING DEPARTMENT:
DAVID KRAMER, REAL PROPERTYAGENT ENGINEERING AND TECHNICAL SERVICES -
PDS - DEVELOPMENT SERVICES - RIGHT OF
WAY
REVIEWED BY: DANA LAWSON, SENIOR ENGINEER
DANEA GEMMELL, PLANNING & DEVELOPMENT SERVICES DIVISION
MANAGER
EDGAR J. LOPEZ, PROVISIONAL DIRECTOR OF ENGINEERING &
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 2 encroachments and to authorize staff to record documents with the Contra Costa
County Clerk -Recorder's Office.
June 1, 2023 Regular Board Meeting Agenda Packet - Page 66 of 165
Page 2 of 3
BACKGROUND
Staff received an application to review building plans for 650 La Casa Via, located in Walnut Creek for the
construction of a new single-family residence that will include utility services for gas, electric, water, and
storm drainage. These new utilities would encroach into a sanitary sewer easement as this is the only route
to bring the services from the road to the home. The crossings will comply with Central San's Standard
Specifications for Design and Construction, Section 8-07.13 Clearance Requirements, with minimum 12"
vertical clearance and crossing angle greater than 30 degrees (in this case the crossings are designed to
be perpendicular).
The applicant subsequently submitted an application for a real property agreement, as described in
Chapter 7 of the District Code to authorize their proposed Class 2 encroachment. Staff has determined
that this proposed Class 2 encroachment will not negatively impact daily operations or maintenance and
will be documented through the agreement so their location is identified when future renovation of the pipe
is necessary.
ALTERNATIVES/CONSIDERATIONS
Reject the request to authorize the proposed encroachment. This alternative is not recommended since
the property owner is willing to enter into the real property agreement in compliance with District Code,
there is no other reasonable route to bring utility services to the home, 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.
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 May 17,
2023 and recommended approval.
RECOMMENDED BOARD ACTION
Adopt the proposed Resolution 2023-016 to authorize the execution of a Real Property Agreement
related to 650 La Casa Via, located in Walnut Creek, and for staff to record documents with the Contra
Costa County Clerk -Recorder's Office.
Strategic Plan re -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
June 1, 2023 Regular Board Meeting Agenda Packet - Page 67 of 165
Page 3 of 3
RESOLUTION NO. 2023-016
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
APPROVING REAL PROPERTY AGREEMENT
WITH THE DARREN AND DEBORAH BOURNE LIVING TRUST DATED MAY 23,
2010, DISTRICT PROJECT 2670 PARCEL NO. 4 A & B, WALNUT CREEK
APN 140-190-005
NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Central Contra
Costa Sanitary District (Central San) as follows:
THAT Central San hereby approves the Agreement relating to Real Property with The
Darren and Deborah Bourne Living Trust dated May 23, 2010, District Project No. 2670,
Parcel No. 4 A & B, Walnut Creek dated April 17, 2023; and
THAT the President of the Board of Directors and the Secretary of the District are
hereby authorized to execute said document for and on behalf of Central San; and
THAT staff is authorized to record said agreement with the Contra Costa County Clerk -
Recorder's Office.
PASSED AND ADOPTED this 1 st day of June 2023 by the Board of Directors of Central
San by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
Barbara D. Hockett
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
June 1, 2023 Regular Board Meeting Agenda Packet - Page 68 of 165