HomeMy WebLinkAbout05. Adpot Resolution No. 2023-018 authorizing execution of a Real Property Agreement for a Class 2 Encroachment at 260 Camino Sobrante, Orinda, and Authorize Staff to Record Documents with the Contra Costa County Clerk-Recorder's OfficeDCENTRALSAN
MEETING DATE: JUNE 15, 2023
BOARD OF DIRECTORS
POSITION PAPER
Page 1 of 4
Item 5.
SUBJECT: ADOPT RESOLUTION NO. 2023-018 AUTHORIZING EXECUTION OF A
REAL PROPERTYAGREEMENT FOR A CLASS 2 ENCROACHMENTAT 260
CAMI NO SOBRANTE, ORI NDA, AND AUTHORIZE 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 AND DEVELOPMENT SERVICES DIVISION
MANAGER
EDGAR J. LOPEZ, PROVISIONAL 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 for
proposed Class 2 encroachments and authorize staff to record documents with the Contra Costa County
Clerk -Recorder's office.
BACKGROUND
Central San was granted a 5 -foot sanitary sewer easement in 1973 when the original 6 -inch sewer main
June 15, 2023 Regular Board Meeting Agenda Packet - Page 25 of 93
Page 2 of 4
was installed. The home was then built over the sanitary sewer and Central San required the sewer main to
be relocated to a new alignment, for which an 8 -foot exclusive easement was granted in 1974.
I n 2021, staff received an application for a home remodel that includes an elevator for an elderly parent
with mobility issues. The front entry will be relocated and that space reconfigured to allow installation of the
elevator from the garage/basement level to the first and second floors of the home.
At the first submittal, staff informed the property owners that authorization from the Board of Directors is
required to authorize encroachments that are classified as Class 2 encroachments under Chapter 7 of the
District Code. The property owners requested that staff proceed with their request to the Board to enter
into a real property agreement for the improvements that will encroach into the easement. Staff took the
request for a Real Property Agreement to REEP in July 2022, however the actual document has not been
submitted to the full Board until the recent plan review was received to fully document the proposed
encroachment.
I n March 2023, the designer and property owners submitted revised plans with improvements within the
existing easement but clear of the 5 -foot setback along the property line. The requested encroachments
are: new elevator room/shaft, new support walls, a corner of a new "utility" room on both first and second
levels, and reconfiguration of existing decking and stairs off the first and second levels.
Given the existing encroachments and topography, the impact to a future sewer renovation has been
mitigated as much as possible.
ALTERNATIVES/CONSIDERATIONS
1. Authorize execution of a Real Property Agreement for the improvements.
2. Reject the request for a Real Property Agreement to authorize any encroachments.
3. Provide other direction to staff.
FINANCIAL IMPACTS
A development -related fee was paid for the real property agreement, as set by District Ordinance No. 317.
COMMITTEE RECOMMENDATION
The Real Estate, Environmental and Planning Committee reviewed this subject at its meeting on July 20,
2022 and recommended approval.
RECOMMENDED BOARD ACTION
Adopt the proposed resolution authorizing (1) execution of a Real Property Agreement for a proposed
Class 2 encroachment at 260 Camino Sobrante, Orinda, and (2) staff to record documents with the Contra
Costa County Clerk -Recorder.
Strategic Plan re -In
GOAL ONE: Customer and Community
Strategy 1— Deliver high-quality customer service
GOAL SEVEN: Innovation and Agility
Strategy 1 - Leverage data analytics to become a more efficient utility
June 15, 2023 Regular Board Meeting Agenda Packet - Page 26 of 93
Page 3 of 4
ATTACHMENTS:
1. Proposed Resolution
June 15, 2023 Regular Board Meeting Agenda Packet - Page 27 of 93
Page 4 of 4
Attachment 1
RESOLUTION NO. 2023-018
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
APPROVING REAL PROPERTY AGREEMENT
AT 260 CAMINO SOBRANTE, ORINDA
(APN 262-101-008)
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
Andrew B Coy TRE, at 260 Camino Sobrante, Orinda, CA 94563 (APN: 262-101-008);
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 15th 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 15, 2023 Regular Board Meeting Agenda Packet - Page 28 of 93