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Home My WebLink AboutAGENDA BACKUP 07-17-86 . Centn Contra Costa Sanitar Oistrict "- BOARD OF DIRECTORS PAGE 1 OF 14 POSITION PAPER BOARD MEETING OF J U 1 Y 17, 1986 NO. V . HEARINGS 1 SUBJECT DATE July 14, 1986 HOLD PUBLIC HEARING ON COMMERCIAL RATES IN PLEASANT HILL BAY SHORE DISPOSAL SERVICE FRANCHISE AREA AND CONSIDER RATE INCREASES FOR ALL SERVICES TYPE OF ACTION HOLD PUBLIC HEARING SUBMITTED BY INITIATING DEPT.lDIV. Walter Funasaki, Finance Officer Administrative/Finance & Accounting ISSUE: A public hearing is scheduled to be conducted at the July 17, 1986 Board Meeting to consider an application by Pleasant Hill Bay Shore Disposal Service for increases in commercial refuse collection rates, and the establishment of all refuse collection service rates, in its franchised area of operation. BACKGROUND: A publ ic hearing was held on June 19, 1986 to consider Pleasant Hill Bay Shore Disposal Service's application for increases in residential and commercial can service rates in the original Zone 3, for which no increases had been appl ied for in fifteen years. Following the publ ic hearing, and after considering publ ic comment, the staff report, and the refuse coll ector's presentati on, the Board of Directors identified the following issues regarding the rate application which required further consideration at the July 17, 1986 Board Meeting: Mobile Home Park Rate - Based on information presented at the public hearing by a mobile home park manager that the more efficient collection environment and lower service level in the mobile home parks justify a lower rate, the Board requested staff to propose a differential rate schedule for mobile home parks. Graduated Rate Increase - In view of the significant increase in residential and commercial can rates under consideration, the Board requested that staff pursue a method by which these rates may be graduated over a number of years, beginning with a rate below the staff computed rate of $8.35 per month for residential service. Commercial Bin and Drop Box Rates - Although commercial bin and drop box rates have been regularly increased by the refuse collector during the last fifteen years, it was proposed on behalf of the refuse collector that the Board consider increases in these rates in the event that other service rates were established below the level necessary to produce a reasonable gross profit. As a consequence of the resulting expansion of service rates under consideration for possible adjustment to include bin and drop box rates, a publ ic hearing was subsequently announced by public notices for the July 17, 1986 Board Meeting. The resul ts of the staff efforts in addressi ng the issues descri bed above are presented in the following attachments: INITIATING DEPT./DIV. REVIEWED AND RECOMMENDED FOR BOARD ACTION dff: . ~ 130211.-9/85 SUBJECT HOLD PUBLIC HEARING ON COMMERCIAL RATES IN PLEASANT HILL BAY SHORE DISPOSAL SERVICE FRANCHISE AREA AND CONSIDER RATE INCREASES FOR ALL SERVICES POSITION PAPER PAGE 2 DATE OF 14 J ul y 14, 1986 Attachment I - Composition of 1985 Revenues By Type of Service This attachment presents the number of customers and revenues produced in 1985 within the original Zone 3 and the four subsequently annexed new areas by type of service. As shown, there are three mobile home parks consisting of 705 units and 537 residential accounts in the original Zone 3. All of the units in the mobile home parks are charged the monthly residential rate of $2.65; however, one of the mobile home park's 159 tenants are billed individually by the refuse collector, and the other two mobile home parks each receive a single composite bill for all units which is sent to the mobile home park management. Because of an internal classification of customers based on the mode of billing, the refuse collector had previously reported revenues from one of the mobile home parks as residential, and revenues from the other two parks as commercial bin revenues. The consequence of th i s i nconsi stency was the understati ng of the resi denti a 1 revenue base used in the June 19, 1986 staff report, with the result that the then computed residential and commercial can rates of $8.35 and $9.55, respectively, were higher than required. The total 1985 revenues of $232,033 reported on Attachment I are reported on Attachment II as the basis for determining the increase in the forecased revenue required, based on a 95% operating ratio. Attachment II - Rate Adjustment Analysis Th i s attachment shows the ca 1 cul ati on of the $70,908 increase in forecasted revenue required based on a 95% operating ratio, which is unchanged from the June 19, 1986 staff report. The $70,908 increase in revenue is achieved using four mobile home park rate assumptions, and the resultant effects on the original zone 3 residential and commercial can revenue increases are presented. The four mobile home park rate assumptions used would increase the $2.65 rate to $5.50, $5.75, $6.00 or $6.25. At the $5.50 mobile home rate, the residential rate would increase from $2.65 to $7.30, and the commercial can rate would increase from $3.00 to $8.25. Commercial bin and drop box rates in original Zone 3 would remain unchanged. A lower rate for mobile home parks compared to the residential rate is supported by physical conditions within the parks which result in collection efficiencies, and a lower service level. The mobile homes are densely situated in the parks, and streets are narrow with enforcement of no-parking restrictions. Two of the mobile homes parks receive curb service, no trimmings service and no seasonal cleanup service; one park receives backyard service, one bag of trimmings service and one seasonal cleanup service. A uniform service level consisting of a single 32-gallon container at the curb, no trimmings service, a one time seasonal cleanup service and a single, composite billing system would be acceptable to all three mobile home parks. Although no mobile home parks exist in the areas served by the other two refuse collectors franchised by the ------..-.. 13028-9/85 SUBJECT HOLD PUBLIC HEARING ON COMMERCIAL RATES IN PLEASANT HILL BAY SHORE DISPOSAL SERVICE FRANCHISE AREA AND CONSIDER RATE INCREASES FOR ALL SERVICES POSITION PAPER PAGE 3 OF 14 DATE J ul Y 14, 1986 District, a separate rate schedule lower than residential rates is used by these coll ectors for apartment units usi ng garbage cans. The apartment can service rate as a percent of the residential rate is 75.7% for Valley Disposal Service customers, 70.1% for Orinda customers and 78.5% for Moraga customers. The $5.50 mobile home rate would be 75.3% of the $7.30 residential rate for Pleasant Hill Bay Shore Disposal Service. Attachment III - Schedule of Current and Requested Monthly Rates This attachment shows the current rate schedule for original Zone 3 and the four new areas, the new rates appl i ed for by the refuse coll ector, and the staff computed rates. The staff computed rates shown for resi denti al service and commercial can service are based on the mobile home alternative rate of $5.50. All other rates shown are unchanged from those presented in the June 19, 1986 staff report. Attachment IV - Graph of Percent Decrease in Residential and Mobile Home Rates Caused By Percent Increase in Commercial Bin and Drop Box Rates Based on Mobile Home Rate of $5.50 As commercial bin and drop box rates have been increased by the refuse collector over the years, these rates are generally comparable to rates charged by other refuse collectors. A precept followed in the June 19, 1986 staff report was the generation of the $70,908 revenue required by increases in the residential and commercial can service rates established in 1971. However, as increases in commercial bin and drop box rates have been proposed for consideration by the Board, this attachment presents the percent decrease in residential and mobile home park rates for the $5.50 mobile home park rate al ternative which resul ts for each percent increase in commercial bin and drop box rates ranging from 1% through 10%. Attachment V - Effect of Alternative % Increases in Commercial Bin and Drop Box Rates on Residential and Commercial Can Rates Assuming a Mobile Home Rate of $5 .50 This attachment shows information supporting the percent decrease in residential and commercial can service rates resulting from commercial bin and drop box rate increases of 1% through 10%, which is presented in the graph on Attachment IV. On the basis of the results of the review of the issues determined at the June 19, 1986 Board Meeting which have been reported in this Position Paper and Attachments I through V, the following staff observations are presented for consideration by the Board: o Because of the distinctively different service environment in mobile home parks which makes for more efficient refuse collection, and a requested --------- 13028-9/85 SUBJECT HOLD PUBLIC HEARING ON COMMERCIAL RATES IN PLEASANT HILL BAY SHORE DISPOSAL SERVICE FRANCHISE AREA AND CONSIDER RATE INCREASES FOR ALL SERVICES POSITION PAPER PAGE 4 OF 14 DATE J ul Y 14, 1986 uniform service level lower than that provided for residential service, a separate and lower rate schedule should be established for mobile home parks. If the lower uniform service level is to be established for mobile home parks, the Board should direct staff to amend the franchise agreement accordingly. o The refuse collector had previously reported only one of the three mobile home parks as being in the residential service category. As a result, the residential and commercial can service revenue base on which the June 19, 1986 staff computed rates were based was understated, and produced a new residential rate of $8.35 and a commercial can rate of $9.55. The appropriate classification of all mobile home parks in a separate service category shown on Attachment II produces a resi denti al rate of $7.30 and commercial can rate of $8.25, based on a mobile home park rate of $5.50. Three higher mobile home park rate alternatives shown on Attachment II would produce correspondingly lower residential and commercial can rates. o Interest in a graduated rate increase over a number of years for residential and commercial can service rates, based on the June 19, 1986 staff computed rates, and consideration of a possible lower mobile home park rate, was expressed. However, in light of the results of the present review in which lower mobile home park rate alternatives can produce residential and commercial can service rates markedly lower than the June 19, 1986 rates, it is suggested that the basis for a graduated rate increase has been removed. By its nature, a graduated rate increase will require a higher than normal rate increase in the subsequent years. If a graduated rate increase is still considered to be appropriate, staff requests Board direction regarding the operating ratio higher than 95% which should be employed. RECOMMENDATION: Conduct a public hearing on July 17, 1986 to receive public comment on the application by Pleasant Hill Bay Shore Disposal Service for refuse collection rate increases, and establish such rates and their implementation date, as are considered appropriate. 1..-._______ 13026-9/85 Attachment I PLEASANT HILL BAY SHORE DISPOSAl SERVICE COtfJOSITION OF 1985 REVENUES BY TYPE OF SERVICE YEAR ENDED DECE~ER 31. 1985 Original Zone 3 New Areas Total No. of No. of No. of Type of Service Customers Revenue Customers Revenue Customers Revenue Residential 537 $ 21.062 125 $16,092 662 $ 37,154 Mobile Homes 705 22,418 705 22.418 Commercial: Cans 55 5,590 1,200 6,790 Bins 65 83,752 19,128 102,880 120 89,342 17 20,328 137 109,670 Subtotal $132,822 $36,420 $169,242 Drop Box 62,791 1985 Total Revenues $232,033 Attachment II PlEASANT HILL BAY SHORE DISPOSAL SERVICE Rate Adjustment Analysis 951 Operating Ratio Actual Revenue for the Year Ended December 31, 1985 $232,033 Forecasted Revenue for the Fiscal Year Ended June 30, 1987 232,033 Forecasted Operating Expenses for the Fiscal Year Ended June 30, 1987 282,317 Forecasted Revenue Required to Produce 95% Operating Ratio 297,176 Add: Forecasted Franchise Fee 5,765 Forecasted Revenue Adjusted for Forecasted Franchise Fee $302,941 Increase in Forecasted Revenue Required $ 70,908 Percent Increase in Forecasted Revenue Required 30.56% INCREASE IN FORCASTED REVENUE REQUIRED OF $70,908 TO BE ALLOCATED TO ORIGINAL ZONE 3 RATES (uSING FOUR AL TERNATIVE ~ILE HatE PARK RATE ASSUWTIONS): Mob 11 e Commerci al Homes Residential Cans Total 1985 Monthly Rate $ 2.65 2.65 3.00 1985 Revenue $22,41e- 21,06Z- 5,590- 49,070 Mobile Home Rate of $5.50: Revenue Increase Require $24,112 36,969 9,827 70,908 % Increase Required 175.5 175.5 New Monthly Rate $ 5.50 7.30 8.25 - - - Mobile Home Rate of $5.75: Revenue Increase Require $26,227 35,298 9,383 70,908 % Increase Required 167.6 167.9 New Monthly Rate $ 5.75 7.10 8.05 - - Mobile Home Rate of $6.00: Revenue Increase Require $28,342 33,627 8,939 70,908 % Increase Required 159.7 159.9 New Monthly Rate $ 6.00 6.90 7.80 - - Mobile Home Rate of $6.25: Revenue Increase Require $30,457 31,956 8,495 70,908 % Increase Required 151. 7 152.0 New Monthly Rate $ 6.25 6.65 7.55 - - - ..... ..... ..... .... c l!J .J: o .. ~ < i i ~ i "tl Ol ........111 ...."Ol .. 0..... ~!5~ u i "tl Ol .......Ul ...."Ol .. 0..... ~!5~ u Ill: ... 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" Ol C Ol e .. e o Ol 0 ~ III 0 III Ol Ol "tl Ol"tl " Ul" ~ ,,~ 0"'0 cOle ..... ........ * * * Attachment IV PLEASANT HILL BAY SHORE DISPOSAL SERVICE GRAPH OF PERCENT DECREASE IN RESIDENTIAL. AND MOBILE HatE RATES CAUSED BY PERCENT INCREASE IN COtIERCIAL BIN. Ati> DROP BOX RATES BASED ON MOBILE HatE RATE OF $5.50 o - 1 - 2 - 3 - 4 - 5 - 6 - 7 - 8 % Decrease in - 9 Residential and -10 Mobile Home -11 Rates -12 -13 -14 -15 -16 -17 -18 -19 -20 -21 -22 -23 951 OPERATING RATIO o +1 +2 +3 +4 +5 +6 +7 +8 +9 +10 % Increase in Commercial Bin and Drop Box Rates Attachment V PLEASANT HILL BAY SHORE DISPOSAL SERVICE EFFECT OF AL TERNATIVE I INCREASE IN COtIERCIAL BIN AND DROP BOX RATES ON RESIDENTIAL AND COMMERCIAL CAN RATES ASSUMING A tIlBILE HOtE RATE OF $5.50 Allocation of Revenue Increase Required New Monthly Rate % Decrease (1) 7% Allocation of Revenue Increase Required New Monthly Rate % Decrease (1) 6% Allocation of Revenue Increase Required New Monthly Rate % Decrease (1) 5% Allocation of Revenue Increase Required New Monthly Rate % Decrease (1) 4% Allocation of Revenue Increase Required New Monthly Rate % Decrease (1) 3% Allocation of Revenue Increase Required New Monthly Rate % Decrease (1) 2% Allocation of Revenue Increase Required New Monthly Rate % Decrease (1) 1% Allocation of Revenue Increase Required $ 1,657 24,112 35,660 9,479 New Monthly Rate $5.50 7.15 8.10 % Decrease (1) 2.1 1.8 (1) % Decrease is the percent that residential and commercial can rates shown are lower than the rates shown on Attachment II, with no increase in bin and drop box rates. Commercial Bin & Drop Box Rate Increase of: 10% ---Allocation of Revenue Increase Required New Monthly Rate % Decrease (1) 9% -- Allocation of Revenue Increase Required New Monthly Rate % Decrease (1) 8% Bins and Drop Boxes $16,567 $14,910 $13,254 $11,597 $ 9,940 $ 8,284 $ 6,627 $ 4,970 $ 3,313 Mobile Homes 24,112 $5.50 24,112 $5 .50 24,112 $5.50 24,112 $5.50 24,112 $5.50 24,112 $5.50 24,112 $5 .50 24,112 $5 .50 24,112 $5.50 Residential 23,881 5.65 22.6 25,190 5.80 20.5 26,498 6.00 17.8 27,807 6.15 15.8 29,116 6.30 13.7 30,424 6.50 11.0 31,734 6.65 8.9 33,043 6.80 6.8 34,352 6.95 4.8 Commercial Cans 6,348 6.40 22.4 6,690 6.60 20.0 7,044 6.80 17.6 7,392 6.95 15.8 7,740 7.15 13.3 8,088 7.35 10.9 8,435 7.55 8.5 8, 783 7.90 6.7 9,131 7.90 4.2 T ota 1 70,908 70,908 70,908 70,908 70,908 70,908 70,908 70,908 70,908 70,908 cAt. <8l'unp 354 rv ia. rv aLenaia. fPaahe.ao, t!.,d/ 94553 June 18, 1986 CZI:TR.!'..L CCI,~TRA COSTA SAlaTARY DISTRICT 5019 Il1-IOFF PLACE l:!l.RTIlIEX~ CA 94553 TO lJIIC IT HAY COnCERn: This is in refereance to a letter ue received from Pleasant Hill Bay shore Disposal Co., filing for a raise in their fees. AlthouGh I might agree that some raise is dUE I certainly feel that a ~10.00 a month raise from a 2/65 is Hay out of line. fhe very fact that they haven't as]:ed for an increase in 15 years is their Oim fault and not one of the people in Pacheco that they are serving, an I feel that it is e.n imposition and a hardship to asked people that eJ'e living on a fixed income to CO!'le up 'Hi th this kind of increase, l~hen the rate of inflation is e.bout 3 ;;. lie l10uld appreciate your consider- ation in the matter l~hen it comes up Thursday nite. Very truly yours. ~f~ '''''L~~ July 7, 1986 ~r l~;t ; .f~' ::::~;t . , JUL 14 1986 Board of Directors 5019 Inhoff Place Martinez, CA. 94553 coet:ro .;j-,Gh"'I'\RY OF THE D1;,'''':'.,i, Re: Pleasant Hill Bayshore Disposal Increase Dear Board of Directors: I recently received notice from the Pleasant Hill Bay Shore Disposal Company that they are requesting an in- crease of $10.00 per can per month from their present rate of $3.00 per can per month. According to their letter they have not increased rates for more than 15 years. This may be true, but to make such an increase, in my opinion, is just a bit exorbi- tant. I base this on aD~ sanitary district that I am aware of, namely, Richmond Sanitary, whose rate for one can for three months is $21.00. This is for once a week service and additional cans is not double or triple that base. But if we take the above example on onte can for three months it is less expensive than the increase requested by the Pleasant Hill Bay Shore Disposal. I acknowledge that a modest increase may be in order, but Iwould ask the Board of Directors to consider the amount of increase before granting their request. Additionally may I also,at this point, suggest that if an increase is to be granted that the service and/or timing of pickup be increased or better organized in the future service. We are in a building where the cans can- not be lefted outside and we try and have them outside for the drivers every week but their is no consistency in the time of pickup. We know the pickup is early in the morning and although we don't open til 9 a.m. we try to get here earlier on pickup day so that the trash can be collected but then there are days they don't come tell late. A more consistant schedule would be helpful for our business. Thank you for your attention to our concerns. Van Man 111 Center Avenue #E Pacheco 94553 (415) 674-0771 ~h o/c' ~) 12 ~ ; ) I /'9/'77 J?;ZO 7' E .1.' :/ W /2 I '/'J/~.r (3. /1-1 / ~. l~::-77Z.:: /C. ;,..1 t) ~ Su C:.J-/ fi lfi /Z.~ /:' S' E~V: C b-J.- )--01"1- C/J,C8,,~(;;c- I iJ Cllb.4J /.: /0, L/? .. /C/< -" r-, ()~ vi t...:- rJ 111~ fi /26"T/ )2~-l.> G c.J~L--:i:- WI' 7// AI.::::> G/;,tU3//6-~ /9 .s.s C::.# I' L D /'-5" ~ /9 '7 /"/PY.Y.7L, D d /Z.. /J V:-5>t..$Gb.f 7 - /9!.SJ J;- "/2- G/9L. /t/9& Y4-^ M71'~P::~', tJ~ P~/;~L G,N'S/ O';'4-ft7>o~ ~/t~JLtO ~h- 7/9J<c.~ /':o/t-' /Tc:> d.f6" ,h/oLO.f WITH ~/7/./JL.-L /J'".....J~ o~ b~/Z./i#G,&' U;n7r'4~d"O T~ /) L//~~ ~ #0 d Sh-/ v.I.> /1/ L~r.$ t!J~' Y;?-^/.J CL./~.P'n/0..J. 5rG.. f~ rd,5 /:P'-/l~~f.6' 6~5-, /,J' E~~$cr/ bUg ,-41'2d' S7-.P'.PJ.o./& 0 d/-z. /J ~K - u,L?/ o.J ~- /9 7/24..1 //' c::.d.7/' /7' G /~ /jA/D /~-^ h~ / T T- 7///;- pv'J"??/" 0 U tZJ G .(. J~....S', /- ~ C I'IffIt.L~.> f ,J 1./1' L.tZ/2=t:Lbi: .:5/ Lj vi J 7/9 //6'- R I C ~G lI~c:c;; L;.1. 9,yjjJ ,) MCCUTCHEN, DOYLE, BROWN & ENERSEN FORMERL Y VAN VOORHIS & SKAGGS COUNSELORS AT LAW SAN FRANCISCO SAN JOSE WASHINGTON, D.C. SHANGHAI 1855 OLYMPIC BOULEVARD. THIRD FLOOR WALNUT CREEK OFFICE POST OFFICE BOX V TELEX 34-0617 FACSIMILE GI. II AND III WALNUT CREEK. CALIFORNIA ~45ge-1270 (415) 937-6004 TELEPHONE (415) 937-8000 CABLE ADDRESS MACPAG July 3, 1986 HAND DELIVERED Mr. Paul Morsen Central Contra Costa Sanitary District 5019 Inhoff Place Martinez, CA 94553 Pleasant Hill Bay Shore Disposal Our File No. 70896.112 Dear Mr. Morsen: At its recent hearing concerning the request of Pleasant Hill Bay Shore Disposal (PHBS) for an increase in collection rates, the Board indicated that it might consider approving an increase which is lower than that which we requested and lower than the staff computed rate necessary to produce a 95% operating ratio. At that hearing and in subsequent conversations with CCCSD staff, we have expressed our concern that such action would substantially reduce our client's revenues and have stated our belief that any reduction of the proposed residential rates should be offset by an equivalent increase in other rates so that the revenues which our client is expected to receive are sufficient to reimburse it for its expenses plus a reasonable return. A potential method of offsetting a reduction in the proposed residential rates is to increase commercial bin rates. Our application proposed that such rates not be increased and, therefore, the advertisement placed in the local press by CCCSD did not give notice of any such increase. Mr. Paul Morsen July 3, 1986 page 2 We request that CCCSD schedule and notice a hearing to be held at the Board Meeting of July 17,1986, to consider increases in rates for commercial bin and debris box service which would increase revenues from those services by a maximum of 10%. Scheduling such a hearing would provide the Board with maximum flexibility in setting rates which would address the needs of the public and the collector. Thank you for your cooperation. If you have questions, please call. very truly yours, ~7Vloy c!/Il/,~J/za () cr Sanford M. Skaggs h-?J/ AJ SMS:ksc2/20 cc: J. Hazard . Centrl Contra Costa Sanitar. District BOARD OF DIRECTORS I PAGE 1 or 2 POSITION PAPER BOARD MEETING OF SUBJECT APPROVE PGREEt-ENT RELATING TO REAL PROPERTY WITH lHOMAS L. LONE, ETUX, JQ3 3007, PARCEL 4, K>RI'6A AREA NO. VI. CONSENT CALENDAR 4 DATE APPROV E REAL PROPERTY AGREEt-ENT SUBMITTED BY Dennis Hall, Associate Engineer INITIATING DEPT./DIV. Engineering Dept./Construction Div. ISSUE: The property Otiner has proposed to construct an addi ti on to thei r residence adjoining the District sewer easement on the Otiner's property. A portion of the addition will encroach into the sewer easement (see attached map). BACKGROUND: The corner of the addition will be about 2.5 feet into the sewer easement. Staff has determined that the improvements will not interfere with the present use of our sewers. HOtiever, if the need shoul d ari se, the proposed agreement provides that the property Otiner is responsible for all costs involved in rel ocati ng the sewer out fran under the proposed improvements, fncl udi ng granti ng a req ui red new sewer easement. The property Oti ner has cooperated with Di stri ct staff by prov i di ng constructi on drawings of the proposed improvements and has paid the District's fee for processi ng the subj act agreement. RECOr-t4ENDATION: Approve the Agreement Rel ati ng to Real Property with Thanas L. LOtie, etux, Job 3007, Parcel 4, authorize the Presi dent of the Board and the Secretary of the District to execute said agreement and authorize the agreement to be recorded. REVIEWED AND RECOMMENDED FOR BOARD ACTION ..~ m 130211..9/85 DH JSM RAB INITIATING DEPT./DIV. f ! I / : I f;e. I i'I~ I I r- -----t / tl - -, :-/>~>;;; I r ~~~1f/j ~:~~~:'E~~ ~~/ ~::: . I /// j// ! I .', '/' ' 'I! / // '. "^~';;lnbN~' ~.;, //' 2/z ~<. '/ // /h// I I /~'l~/ </,(// /./:, / . , lOcO. . //,' // , , ; ,~", ,/,/ ~ .' c "'~:/c:1 d/':,} I 4;u~O:-CN"',,,,,,,, I 1Wt"J. , , I I I ! I~~iej< J : fI> I ,_L ,I_~~ : It. I Lov-JE. ~~~, ,-Jol~ , ~t.f '?5t.\ r-:'11~E.7-D t?(:.. VB MOfA~A ,?AL.IF'OI'tNIA ",I ,5'- (~) f-!"U~s. I,;'~ ~ REAL PROPERTY AGREEMENT Job 3007 - Parcel 4 Moraga Area I "1'Cf 9': ."X:!" , ,~ -:- w 1\ ~VE L.1~e :i ~ = i 0, f' -~, ++- (5,'", f:' j g ! ! I 1 I I :;j T~ ~i U ~..-F , '!I ; : ~I 2'-01!1 l , i 0:'>-:::'- 1 d - f I "01 ~l I i I -~: ~ ~ i P-:I -.), , LIJ fOtT. OF CQ.JC. Pt L~ t I ~ CCt-lc, PIL.l: ~ ~IJEEU~_~IJlQt-.I_ q;. ~F S12Nl:R I I I I -: "30" ~: : "--~II,-I -" ---- SITE ,8?lT:9~~o-.TlO~ '01 _I \ 0-, *: 1 I ~ 1 j -r-: ,;.: SEWeR J SKETCH . Centra. Contra Costa Sanitar'. .Jistrict BOARD OF DIRECTORS PAGE 1 OF 2 POSITION PAPER BOARD MEETING OF J ul NO VI. CONSENT CALENDAR 5 SUBJECT APPROVE JlGREEtENT RRATING TO REAL PROPERTY WI1l-I WOOD AND COMPANY, JCB 4109, PARCEL 2, DANVILLE AREA DATE APPROVE REAL PROPERTY AGREEtENT SUBMITT6D BY Dennis Hall, Associate Engineer INITIATING DEPT./DIV. Engineering Dept./Construction Div. ISSUE: Wood and Company has granted an easement to this District for the offsite sewers for Subdiv i si on 6651. The proposed agreanent makes Wood and Company responsible to relocate the sewer facilities if they are not located within future paved access roads. BACKGROUND: New District sewer policy requires that whenever possible, public sewer facilities shall be located in areas with paved access. The subject offsite sewers are located in areas w hi ch are pl anned to be paved w hen the Wood and Company property is developed. If the future paved areas do not coincide with the sewer 1 ocati ons, the agreanent requi res Wood and Company to relocate the sewers. Di stri ct staff has req ui red the subj ect agreanent as a condi ti on of constructi on approval. REOOMMENDATION: Approve the Agreanent Rel ati ng to Real Property with Wood and Company, Job 4109, Parcel 2, authorize the President of the Board and Secretary of the District to accept said agreanent and authorize the agreanent to be recorded. REVIEWED AND RECOMMENDED FOR BOARD ACTION 4 Ia 1302A.9/85 DH JSM RAB INITIATING DEPT./DIV. NEW R/W !l ~ -~ CAMINO TASSAJARA ROAD F. AND P. PROPERTIES 9586 OR 126 2.19.00L.F. ISIISS - , <;:;c:>'p.. o~oQ ~\A t.,/-\<2J" ---- RICCA 11092 OR 206 , t?:J~\f>. '2....lr\~.~ '2.6 ~~~\A 142. L.F. 15" SS - IB3L.F. 12"S5 , 'p.. c9SctJ f2-\"c.~ ~\ €I e, "^ cP.~ 1-\"10.. \\ '2. ctJ'"='~"'" AFFECTeD 4RE,4 OF A 6REEMENT I . '1 I 230LF. 12''55 I I I I I I I _^o~ ~\.\~.. 6," 28U> L.f== 12."'05 JA I I REAL PROPERTY AGREEMENT Job 4109 -Parcel 2 I Danville Area . Centra~ ~ontra Costa Sanitar~ ..listrict BOARD OF DIRECTORS I PAGE 1 OF 2 POSITION PAPER I BOARD MEETI~u9y 17, 1986 SUBJECT NO. VI. CONSENT CALENDAR 6 DATE July 3, 1986 AUTHORIZATION FOR P.A. 86-18 (LAFAYETTE AREA) TO BE INCLUDED IN A FUTURE FORMAL ANNEXATION TO THE DISTRICT TYPE OF ACTION ACCEPT ANNEXATION FOR PROCESSING SUBMITTED BY Dennis Hall, Associate Engineer INITIA TING DEPT.lDIV. Engineering Dept./Construction Div. : Owner Address Parcel No. & Acreage Remarks Lead Agency Parcel No. Area 86-18 Lafayette Paul E. Vida 3575 Springhill Road Lafayette, CA 94549 Existing house on septic system, owner wants to connect to public sewer. CCCSD A.P. No. 231-070-10 (0.75 acres) District to prepare "Notice of Exemption" RECOMMENDATION: Authorize P.A. 86-18 to be included in a future formal annexation. REVIEWED AND RECOMMENDED FOR BOARD ACT/ON 1302,0 .9'85 DH JSM RAB ^ :Z.I HIEF ENG. .I. ~ '} ffj, '/ V" 11ft--. J ROGERJDOLAN .t 11;t1 ~y INITIATING DEPT.lDIV. ...c WLUT MEA -- + lEU\' .. ... WIlIl'I'Lr ..... ~ A~N~j.. + + JENNWGS M'.., 11 . Centrt Contra Costa Sanitar .Jistrict BOARD OF DIRECTORS PAGE 1 OF 1 POSITION PAPER BOARD MEETING OF NO. Jul 17, 1986 VI. CONSENT CALENDAR 7 SUBJECT DATE AUTHORIZE $1,550 FROM THE SEWER CONSTRUCTION Jul 14, 1986 FU NO FOR TH E PU RQ-f AS E OF A WATER V ACUUM TYPE OF ACTION Authorize Purchase SUBMITTED BY INITIATING DEPT.lDIV. John Larson, Manager Collection System Operations ISSUE: Board authorization is required for the expenditure of Sewer Construction Funds. BACKGROUND: Coll ecti on System Operati ons Department crews respond to sewer overflows from time to time. Occasionally the overflow occurs in a building. When this happens, it is imperative that the cleanup activity proceed as quickly as possi bl e to mi nimize the damage to private property as well as the i nconveni ence to the resi dent. The purchase of a conti nuously operati ng high vol ume water vacuum with pumped water disposal woul d significantly reduce the cl eanup time over the current use of five gallon vacuum cl eaners that must be dumped manually when full. RECO~NDATION: Authorize $1,550 from the Sewer Construction Fund for the purchase of a water vacuum. REVIEWED AND RECOMMENDED FOR BOARD ACTION . Centr~ Contra Costa Sanitar ~ ')istrict BOARD OF DIRECTORS I PAGE 1 OF 5 POSITION PAPER I BOARD MEETING OF J u 1 y 17, 1986 NO. VI!. ENGINEERING 1 AUTHORIZE $5,000 FROM THE SEWER CONSTRUCTION FUND FOR FINAL DESIGN OF HILLCREST DRIVE LANDSLIDE REPAIRS, DISTRICT PROJECT 3886; AUTHORIZE THE GENERAL MANJlGER-CHIEF ENGINEER TO EXEOJTE A JOINT LANDSL IDE REPAIR ,AGREEMENT WITH MR. LOOIS SAULAcrrn AND MR. WILLIAM HAM DATE J u 1 Y 11, 1986 TYPE OF ACTION AUTHORIZE FUNDS AUTHORIZE ,AGREEMENT SUBJECT SUBMITTED BY Robert A. Simmons Associate Engineer INITIATING DEPT.lDIV. Engineering Department, Engineering Division ISSUE: Board authorization is required for the General Manager-Chief Engineer to execute an agreement with Mr. Louis Saulacich and Mr. William Ham, the homeowners on whose properties the subject landslide occurred. BACKGROUND: In the winter of 1982 a landslide displaced and damaged approximately 100 linear feet of 6-inch vitrified clay sewer pipe between the residences at 114 Hillcrest Drive and 139 Meadow View Road in Orincla (see Figures 1 and 2). As an emergency acti on, the sewer 1 ine was repl aced with temporary above-ground PVC sewer pipe which crosses the slide uphill from the District's sewer easement. To prevent the slide from enlarging, plastic sheeting was placed over the slide area and has been maintained for the past three rainy seasons. A predesign study was undertaken to determine the cause of the slide and establish the available alternatives for restoring permanent sewer service to the properties affected by the sl ide. It was concl uded that the sl ide was caused by soils which lost strength due to saturation by surface and subsurface water. The predesign study identified two alternatives for restoring permanent sewer service. The alternatives involve either repairing the slide and reconstructing the sewer or rel ocati ng the sewer away from the sl ide. The sl ide repai r was estimated to be approximatel y $15,000 more costl y than the sewer rel ocati on. Di stri ct staff entered into negotiations with the owners of the land where the sl ide occurred after having been informed of their desire to have the slide repaired. An agreement was negotiated which provides for each homeowner to contribute a fixed amount of $7,500 toward the proj ect. The agreement is reasonabl e from the District's point of view. Design work will be performed by a project team consisting of District staff and personnel from Woodward-Clyde Consultants (WCC). The work by WCC will be performed under a purchase order agreement. Di stri ct staff will be responsi bl e for proj ect management, the desi gn of sewer repl acement work, and pl ans and specification preparation. WCC will be responsible for the slide repair design. A breakdown of the estimated costs associated with the authorization is presented in Attachment 1 to this position paper. The total authorization being requested is $5,000. Funds for construction of the landslide repair will be requested at the time of award of the construction contract. The total project cost is estimated to be $120,000. REVIEWED AND RECOMMENDED FOR BOARD ACTION 130211..9/85 RAS DRW YrJf> RAB . ;/; ~ fl""G ROGER J. DOLAN ~JG DEPT.lDIV. N~tJ SUBJECT AUlHORIZE $5,000 FROM lHE SEWER CONSTRUCTION FUND FOR FINAL DESIGN OF HILLCREST DRIVE LANDSLIDE REPAIRS, DISTRICT PROJECT 3886; AUlHORIZE lHE GENERAL MANPbER-CHIEF ENGINEER TO EXEaJTE A JOINT LANDSL IDE REPAIR PbREEMENT WITH MR. LOUIS SAULACIa-t AND MR. WILLIAM HAM POSITION PAPER PAGE DATE ? OF t; J u 1 v ll. 1986 RECOMMENDATION: Authorize $5,000 from the Sewer Construction Fund to desi gn the Hillcrest Drive Landslide Repair Project, District Project 3886. Authorize the General Manager-Chief Engineer to execute the joint landslide repai r agreement with Mr. Louis Saulacich and Mr. William Ham. NOTE: This item has been held over from the July 3, 1986 meeting. At Board request a closed session briefing bill be held prior to Board action. --------.. 13028- 9/85 '- Page 3 of 5 CCCSD ENGINEERING DIVISION PROJECT .... .. .................HlLL.CREST....... ............ ........................... SUBJECT ........ ....... .......... .. . .. ., . ..... .....:.::.:....... .................... .................................................................................... "SHEET." ..OF. BY." DATE". CHK'D.", .., . DATE, ----.------- .-+. HILLCREST DR. ~ iyJEAUOW.s U NJT NO, -4 liS liB ~. ,;j' ~ ---.-.,.- .s 2 -; -, .:;; II ~ ~ ~ HouJE 1'f ", ~ ~ ~1 b'll>~ r~~~~"'..~~'ll>~ ~""'~~ ~--;;:.:.-~- -----=:'0..1 VIEW --__Q.(... ~ n. ro 'IV --~"/J) , ~" -- ~~ --~~~-------- ------------ -------- FIG. 2 Page 4 of 5 CCCSD ENGINEERING DIVISION PROJECT ...... ......}.~.?~..~.T.9.RM..P.A~.G.~..R~P.~HRS........................ .... .......... ....... .......... SHEET. .2....... OF...... 2..... SUBJECT .......... .J..~V.~.:-.~U?lJ.L.................. ................. ...... ......... ........ ............. .... ........ BY.. .REG..... . DATE ..4/26/ .... ... ... ...... ........'OF.f...tlJt.,lCR~ST..OR.......ORINDA..7.1.B.5........................ ... ..... ........... CHK'O... P' DATE... I"Yrl'lH / z~" f'~!) 96t% pAl I \ . 4 - -/ , , . ~ ",- " 2t4 ,912 \ . ,z" ,,~ t,t4 p91 ~." ,,~ 9~t4 It' p f O'~ ~& f~ 10 ~G &' ,0' 1\ .f. ,&\"1' ~~fJfJ /' / ~~ O~ ,& ..~ . ~'b FIG. 1 ATTAOiMENT 1 HILLCREST DRIVE SLIDE REPAIR Di str i ct Proj ect No. 3886 BREAKDOWN OF COSTS District Forces: o Proj ect Management o Engineering Design/Drafting Consultant: o Woodward-Clyde Consultants o Contingencies $ 500 4,500 9,000 1,000 Total Funds Required $15,000 General Manager-Chief Engineer Authorization 10,000 Total Authorization Requested $ 5,000 Page 5 of 5 . Centrl Contra Costa Sanitar District . BOARD OF DIRECTORS PAGE 1 OF 8 POSITION PAPER BOARD MEETING OF July 17, 1986 NO. VIII. BUDGET AND FINANCE 1 DATE J u 1 Y 10, 1986 TYPE OF ACTION ADOPT RESOLUTION; REVISE INVESTMENT POLICY SUBJECT ADOPT A RESOLUTION AUTHORIZING PARTICIPATION IN THE STATE OF CALIFORNIA LOCAL AGENCY INVESTMENT FUND SU~.MIJTED BY walter N. Funasaki, Finance Officer INITIATING DEPT./DIV. Administrative/Finance & Accounting ISSUE: An authorizing resolution of the Board of Directors is required for participation by the District in the Local Agency Investment Fund <LAIF>. 6.ACKGROUND: The LAIF was created by law and is administered by the State Treasurer and an advisory board. The law permits local governments to deposit funds, which are not immediately required, with the State Treasurer for the purpose of investment. Before any deposits will be accepted, the local government will be required to file a resolution with the State Treasurer which authorizes participation in the LAIF and designates individuals who are authorized to order the deposit or withdrawal of funds in the LAIF. A descri pti on of the LAIF, which was submitted at the 1 ast Board Meeti ng, is provided as Attachment I. The maximum amount which may be invested in the LAIF by a single entity is $5 mill ion. While the District has invested temporary funds in the LAIF for very short-term periods, it has done so through the County's LAIF account and subject to the $5 million County-wide maximum. The establishment of a District LAIF account will provide a separate $5 million maximum for District investments. The current yield for the LAIF is in the 8% range, while the District's investment in short-term paper is presently yielding approximately 7%. The current differential in yields could produce an increase in annual investment income of $50,000 on a $5 million investment base. The District's investment policy would require minor modification as shown on Attachment II to provide for participation in the LAIF. Proposed modifications are underscored. Named Contra Costa County Treasurer's Office offici al s woul d be authorized to execute the District's instructions for investments in the LAIF, just as they presently are for the District's investments generally. A copy of the resolution authorizing participation in the LAIF is shown as Attachment I II. RECOMMENDATIPN: Adopt a resolution authorizing participation by the District in the Local Agency Investment Fund operated by the State Treasurer, and approve modifications to the District's investment policy reflecting such participation. INITIATING DEPT./DIV. REVIEWED AND RECOMMENDED FOR BOARD ACTION ~ 1302,6-9/85 WN F PM ATTACHrJENT I CENTRAL CON1RA COSTA SANITARY DISTRICT lOCAl 1SE.t<<:f INVESTlENT ftK) Nature and Objective of Fund The Local Agency Investment Fund (LAIF) is a speci al fund in the California State Treasury created by law. Local governments may invest funds, which are not immediately required, in the LAIF. The maximum amount which may be invested by a single entity in the LAIF is $5 million. The objective of the LAIF is to realize the maximum return consistent with safe and prudent treasury management. Fund Administration The State Treasurer will invest the LAIF funds with State funds through a Pooled Money Investment Account. The State Treasurer is responsi bl e for the control and safekeepi ng of all investments of the LAIF. A five member Local Investment Advisory Board assists the State Treasurer in formulating the policies which govern the operation of the LAIF. Fund Operation The following summarizes the operation of the LAIF: 1. A resolution by the local government's governing body authorizing participation will be required. 2. Deposits or withdrawals must be in multiples of $1,000 and the minimum transaction amount is $5,000. 3. Deposits are made at a local bank and w ire transferred to the State Treasurer's depository bank. 4. Withdrawals will be transferred to the local government's local bank the same day. 5. The State Treasurer will provide a monthly statement to verify receipt of deposits. 6. After the end of each calendar quarter, interest income derived from investments will be distributed by the State Controller to the participating entities directly proportionate to the respective amounts and duration of funds invested in the LAIF. The State Controller's payment for these earnings will be mailed directly to the local government. Prior to the di stri buti on an amount equal to the reasonabl e cost of maki ng the investments, not to exceed one-quarter of 1 percent of the earnings of the Fund, shall be deducted. Advantages of the LAIF: Higher Interest Rates: The pool ing of surpl us cash bal ances of the State with the LAIF creates a multi-billion dollar pool which enables investing in diversified instruments at high denom i nat ion. Liquidity: Deposits in the LAIF can be converted to cash in twenty- four hours or less. No interest is lost if a withdrawal is made sooner than originally contemplated. There is no minimum investment period. Lower Cost: Large denomination purchases avoid charges generally assessed on small lot purchases. Investment Expertise: The State Treasurer's Office is in constant contact with investment markets and handl es investment transactions in the hundreds of millions of dollars. ATTACHt-ENT II CENTRAl CONTRA COSTA SANITARY DISlRICT INVESTMENT POlICY The investment pol icy of the Central Contra Costa Sanitary District is embodied in the following eleven sections: I. Statement of Objectives The temporary investment portfo1 io of the District shall be designed to attain a market-average rate of return, taking into account the District's investment risk constraint and prudent investment principles. II. Permissible Investments Within the constraints prescribed by the Government Code of the State of California for permissible investments, the District's investment portfo 1 i 0 wi 11 on 1 y be invested in the fo 11 ow i ng instruments: o United States Treasury Bills and Notes, and obligations of government agencies for which the full faith and credit of the United States is pledged. o Bankers Acceptances, drawn on and accepted by a commercial bank, which are eligible for purchase by the Federal Reserve System. o Certificates of Deposit issued by a Federal or State chartered bank or a Federal or State chartered savings and loan association. o Commercial Paper of prime quality limited to corporations with assets over $500,000,000. o Repurchase agreements for a period less than 30 days. o Local Agency Investment Fund of the State of California. III. Banks and Dealers The District will use the services of the Treasurer's Office of the County of Contra Costa which will transact the District's investment decisions in compliance with the requirements descri bed in thi s investment pol icy. The County Treasurer's Office will execute the District's investments through such brokers, dealers, and financial institutions as are approved by the County Treasurer, and thr.Qugho'theState Tnt,surer's Office for jnYe$~nts in tbe Local~~ncy I~Yest.ent FYA~. IV. Matu ri ti es The maximum matu ri ty for investments of the Di stri ct is one year. Prior approval of the Board of Directors must be obtained to acquire investments with maturities beyond one year. HOIIfever., ,investments in the. Loc~l AgfJncy I.nves.nt Fund "ould not ,be .subJect :to th~ one year,.iX1.u..,_atur1'tY. V. Diversification To minimize the risk of loss through default, the total amount invested in a single issuer will not be greater than 15% of the District's investment portfolio value, except that the 15% limitation will not apply to United States Treasury Bills and Notes ~nd inV8$tBents in the Local Agency Investment Fund. VI. Risk Credit and market risks will be minimized through adherence to the list of permissible investments, a limit on maximum maturities and the 1 imitation on the total investment in a single issuer. VII. Delegation and Authority The District Finance Officer will be responsible for investment transactions which should be made in accordance with this investment policy and within the internal controls described in the following section. VIII. Prudence Prudent judgment must be exercised by the District Finance Officer responsi bl e for investment transacti ons undertaken in accordance with this investment policy. IX. Controls The District Finance Officer will establish subsidiary accounting records of each investment which will enable the determination of income earned monthly and through maturity, and the balancing of the principal amounts to a control account in the general ledger. Internal control procedures will require the countersignature of the Deputy General Manager for all transactions which are i niti ated by the Fi nance Officer. The doll ar 1 imit of the Deputy General Manager will be $5 million. Investment transactions which exceed $5 million will require the additional approval of the General Manager-Chief Engineer. Such internal control s are to be reviewed by the District's independent auditors annually. X. Reporting The Di stri ct Fi nance Offi cer w 11 1 annua" y render a statement of investment policy to the Board of Directors. The Finance Officer will submit a monthly report to the Di strict's General Manager-Chief Engi neer and Board of Di rectors show i ng the type of investment, issuer, dates of issue and maturity, amount of deposit, current market value of all securities with a maturity of more than 12 months, and rate of interest. XI. Performance Eval uati on A performance evaluation will be completed by the District's independent auditors every four years, commencing with the 1984-1985 fiscal year, to determine whether the investment objective of achieving a market-average rate of return is being real ized. In determi ni ng the market-average rate of return, the average return of three month U. S. Treasury bills, or the average rate of Federal funds, whichever is higher, will be used. Effective: July 17, 1986 ATTACHtvENT III RESOLUTION NO. 86- A RESOLUTION AUTHORIZING INVESTMENT OF CENTRAL CONTRA COSTA SANITARY DISTRICT MONIES IN LOCAL AGENCY INVESTMENT FUND WHEREAS, pursuant to Chapter 730 of the Statutes of 1976 Section 16429.1 was added to the Cal iforni a Government Code to create a Local Agency Investment Fund in the State Treasury for the deposit of money of a local agency for purposes of investment by the State Treasurer; and WHEREAS, the Central Contra Costa Sanitary District does hereby fi nd that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with the provisions of Section 16429.1 of the Government Code for the purposes of investment as stated therein as in the best interests of the Central Contra Costa Sanitary District. Naf THEREFORE. BE IT RESOlVED: THAT, the Board of Directors of the Central Contra Costa Sanitary Di strict does hereby authorize the deposit and withdrawal of Central Contra Costa Sanitary District monies in the Local Agency Investment Fund in the State Treasury in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein. BE IT FURlHER RESOLVED: THAT, as the Central Contra Costa Sani tary Di strict uses the banking system of the Contra Costa County, the following Contra Costa County officers or thei r successors in office shall be authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund: David E. Dezell, Chief Investment Officer Alfred P. Lomeli, Treasurer-Tax Collector PASSED AND ADOPTED by the Board of Directors of the Central Contra Costa Sanitary District, County of Contra Costa, State of California on July 17, 1986 by the following vote: AYES: Members: NOES: Members: ABSENT: Members: President of the Board of Directors, Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Secretary, Central Contra Costa Sanitary District, County of Contra Costa, State of California Approved as to Form: James L. Hazard District Counsel . . Centr&. Contra Costa Sanitar. District BOARD OF DIRECTORS PAGE 1 OF 2 POSITION PAPER BOARD MEETING OF July 17, 1986 NO. IX. REAL PROPERTY 1 SUBJECT ADOPT RESOLUTION DEQAAING A PORTION OF THE BATES AV ENUE PUMPING STATION PROPERTY SURPLUS AND AUlHORIZE THE SALE OF SAID PORTION TO CONTRA COSTA COUNTY DATE uly ll, 1986 TYPE OF ACTION ADOPT RES OL UTION AUlHORIZE SAL E Sl!flr!TTEQ BY . ~ 11 uregory, Real Property Commlttee It>UTIATlNG DEfT./DII4 . ~nglneer ng uept./Constructlon Div. ISSUE: Bates Avenue is bei ng improved and widened as part of County Assessment District No. 1984-2. A portion of the subject parcel must be deeded to the county before the road w ideni ng constructi on can commence. BACKGROUND: The county has offered to pay this District $5,863.00 for fee title to the subj ect 825 sq uare foot parcel (11 'x75') and for a temporary constructi on easement of 1,500 square feet (20'x75,) adjoining the fee parcel (see attached map). District staff has reviewed their offer and has determined that it is adequate and just compensation. District staff has determined that the subject parcel is not needed for District purposes and the sale does not in any way hinder or reduce the util ity of the property. The county's offer to purchase the subject parcel is contingent upon the sale of improvement bonds for the assessment di stri ct. All necessary fee and ri ght of way parcel s must be un der contract pri or to the sal e of the improvement bonds. The county has requested that this District execute a Grant Deed, a temporary Constructi on Permit, and a Ri ght of Way Contract. If the improvement bonds are not sol d, the Right of Way Contract requi res the county to return the Grant Deed to the Di stri ct. RECOMMENDATION: Adopt resolution declaring 825 square feet of the Bates Avenue Pumping Station surplus and authorize its sale to Contra Costa County and authorize the Deputy General Manager to execute the Grant Deed, a temporary Construction Permit and a Right of Way Contract with Contra Costa County. LV 1302.6.9/85 WWG JSM RAB PM (~A )~ I ~ -1-\11 - ----+- I ~ ( ~ I I "~ I \ I I )', ., \ + \:-\ \ , ~\ ,,{ .~-" I' ., \ , I \, \ " I \ , \ \ ' , \ ",---+ - \ ,-.... ... ' , , ,----'-' . MALt..kO - . -frES~R- - -L ~.. ~ ~~ I!< gf/ffIOtl SALE OF DISTRICT PROPERTY Portion Bates Avenue Pumping Station Property . Centra. Contra Costa Sanitar, ~istrict ., BOARD OF DIRECTORS PAGE 1 OF 13 POSITION PAPER BOARD MEETING OF July 17 ~ 1986 NO. IX. REAL PROPERTY 2 SUBJECT RECEIVE REQUEST OF TERRY MACKEN FOR lliE DISlRICT TO PURa-lASE JlBANDONED PROPERTY IN lliE WALNUT CREEK AREA DATE July 11~ 1986 TYPE OF ACTION RECEIVE REQUEST SUeMITTf;p B'{. Jay ~. MCCOY~ Construction Div. Manager II'llTIA liNG DEI;T./DIIl.. tnglneerlng uept./Construction Div. ISSUE: Mr. Terry Macken has req uested the Di stri ct to arrange for the Tax Collector's Office to set up a sale of certain property to the District for the purpose of providing sewer service to Mr. Macken's property. BACKGROUND: Mr. Macken is the Developer of Subdivision 6223 in the Walnut Creek area (see Attachment 1). Mr. Macken first contacted the District in 1980 and obtained a portion of the off-site sewer easement necessary for Subdivision 6223 whi ch was recorded in December of 1980. Mr. Macken subseq uentl y contacted th e District in 1985 at which time he informed staff that an additional sewer easement was needed for Subdivision 6223 and he had been unable to obtain it. A meeting was held on June 13~ 1985. The notes of that meeting (see Attachment 2) include detail regarding the history of this matter. On May 8 ~ 1986 a 1 etter was w ri tten to Mr. Macken rei terati ng staff's posi ti on (see Attachment 3), Mr. Macken has responded by letter~ dated July 6~ 1986~ (see Attachment 4) and has requested the Board of Directors take action. Normal Di stri ct procedure req ui res developers to compl ete the pl anni ng process and obta in all appropri ate approval s before subm itti ng proposal s to the Di stri ct for action. In this way the District does not place itself in a position of pr&-anpti ng the authori ty of pl anni ng agenci es. Mr. Macken has no approved tentative map for his subdivision nor has an EIR been undertaken. RE<X>MMENDATION: Defer taki ng acti on unti 1 appropri ate pl anni ng approval shave been recei ved. REVIEWED AND RECOMMENDED FOR BOARD ACTION JSM RAB ~ ,\ \\ J ~ :'\("" ~~ .. .~.....~.~~\ ~~j 1}411i~~ \, j OLr~"-;;-~ \.\~'" ~~ B N" .'//" 't W Lb' ~ -: -~~- ~~\~ ~~ ~ ~.;---: oj. 101."""\c. n" ~ ....'"\1 ,. I '?.'--,;\, Z li;m ./ ~ (' ATTACHMENT 1 ..,.. ="=--=~~.,. ~~-rGr ~\~. ~..-:' \.--"'" I' - ~~ J '~ lOi ---- '- '<:_::.~>., # ~DI.It'L~ }O', ,.,' ~_? ~ ~ ~ ~ ~ ->:;<" l ~ 1-~ :\'''\.[j '3 ~~f!J -:::. U4&C ~~ ~ . < ~ ~= ..........., ~,~ '..:-- '" ~ I'" "A / 21 ~ - 3,01AC ~a'\.'\ --- \' I!t--= LN'.......... ~ .. i ~~ ~ ~ !! ,\tJ-- _...t.~ 5 - I-- IlIiIiidfA ,,' ~~~ ~ "4-",<<: 22 \ . \~;-~ \ '- [r: ~!:.. . , ~4r' ~~ ~ ~. ~'-I~ ' ~/~ "~~~~..,~ ~^: · · S ~j -' N~' - "'1\:1' ~ ' "'~"'-, . ' ,\ \ ~I~~ ~'.W~ A." "\, :"~ ~., ""., ", - '';:;;';!.T' ~ROJU~N\"~ \ 41~.:v,. ~ ";;'! ,n~. .<' ~ N W,~ltl ~...,"'~4-~:::. TR 5,14&C LAS LOMAS - J ~ .'" '\... '\.. ',/I 107 ,0 ~t.- \ HIGH SCHOOl, j AL.'I:.,t4u.!, I ~~... ~ "'1 . ~ B ~'i....t." '..at.2I~ \, 1 ~ I4.HAC ~ ~>- - ~'- ~ O:~:: ~.., t 7~~\"\f"~~M:" ';.~9\ t - . ~v ~~ ,f' EASEMeNT ~ 101 ~\ \ ...l::\,.~ 1.1 ~\rl ~'/ '""', ~ KS 1<552. \,I\. , ::c A'~ ' "17. ~6 1& ~ _~f II A ., ~ \.. \I#J ~ '4 t- It:'' ~~,J:J: 4 . ~ ...... -----,\~ .. ~\ GARE l!' .\\t\ ~:\.~~... 3 \_11' l ," t1, ...>. ~,,~ EXIS'T""'; SE....'" EAS'C""EJVr t 1~~ I ~ ~{q, I '/"/-".. -"- ~. " . ~.~ . ~. ~- ~ 'Or. '(I .\ ."" ' .. ,/ r.. . ~,. '.~ ~'~ .. POR. I~ ~~' l' ; '~.:" WI .. '4 ,e.~. .. ,.,.~ . ~'E ~" . '." , " "" V~ ~ i,{j.;.: ,," ", ~~~_ '.' ~~ ~ ~ " ~:;:r. /. · ~ ,," ... '. \\\'i \:.., '.J ~I'f ~ ~"~1i 'MiAii ,~ . .,~ _ . ,~ '\ w u _: .' ~~I~~'!!!.!!~,~~' :.~~./~~~? i'lr-,.". t:l!~~~:t:' ~', r,.IlI/:;1 8~ 80 ,,~, ~'~ "'" 15 ~ c ~ I \ ';' t; , .~ ~'2a..~$fiJ:< " · '~~"II~~\~ CJ[j~7L\Jis- ",..., _ ~f-jj ./,., ~/ I B.. AliI! TJS /:' ~~';;a.ll\17 III ~ \.." ' r--.. CJJ: ': .. :, 'ftJillt1: /"'M', rl . .... . \ . ~ No;.. "R - -.,.. ~ 'I .. & ill 119 '7 / "....,.. s~ 0 ~ \A [to ~ 104 15 \ \ \ 46 \ .Hl~ 9 81o.1.i ~_6~. "~-,~:.... \ ::::, H'T' 'I "\'~ :-"-1 ~'R2 ~oJ .. 10' TIlANS&IIEIIIC&N r--: ] ,L C-'- '9/ rT 15 ';;; ,., : ~ ..,," "~' "..::.~... ..~ ~\. \.~.. ~ :': ":: c:r ~ SUB ..-.--- \ \' u ~ \ ~ \ T ,_ ' 1 ..1ft M N c-7 4 7 , · 3. 17 AC \ ~ 1 \" 1.~ \ -- I t 10 ' tII .41 "J 5 \~\ '. ,. 34!5 '" \ ,,0 ( , · \~ \ 29 "II..I.. Ip ~ q; C).<~ II \ 'T 1 ~:i '.' ~ 4 3 ~ ~. 5' T' ... i\ \.~~"C ....."" ~ ./. ~ 3 4 II \, \) :-. 3 ;..---- ~ - I ~ '4k ------r _I !::.----:W ':" 5 III im"\' 1J 1111 8 T R~~ I...--- l/ llr~ - ---~:.: ./:tr I~l -- 7 j ~. r I l l'\\J05011 $,57 At ,\ \ & ' '11111(1' I , .4& " \ _ + I.. D C -\ \ l'\\JOSOM \ ~) \ 2 01AC _.~.,~_. l' "A, ,. .!J.:C -..../r7. ~ ATTACHMENT 2 Central Contra Costa Sanitary District August 5, 1985 TO: FROM: SUBJECT: PAUL MORSEN ~ KEN LAVERT~ fo SUBDIVISION &223 - TERRY MACKEN I first got involved in this easement acquisition when I received the attached letter dated May 14, 1985, from Mr. W.G. Benko. Per his request, a meeting with the property team, himself and Mr. Terry Macken was set up for June 13, 1985. Attendees at the 6-13-85 meeting were Bill Benko, Terry Macken, Bill Gregory, Jack Campbell, and myself. A brief summary of the meeting is as follows: o Mr. Macken explained that he is building a subdivision adjacent to Parkmead School near Walnut Creek, and that he purchased an easement for the sewer line from the School District through their property. However, the remaining 140~ feet is held by the State for delinquent taxes. See attached map which shows the problem strip in "red". o Mr. Macken requested that the District should purchase the strip from the State and then sell him the property and grant him an easement. He would pay all costs of the transaction. o We questioned him on why he didn't go directly to the State himself and start the purchase process. He stated that it would take too long. Then he said that he was also afraid that the local home owners, who do not want the subdivision built, would bid against him at any public auction driving the strip price way up. o We discussed the fact that the public does indeed have the right of due process and if we purchased the property, then granted him an easement, wouldn't this cause the local land owners their right of due process. Mr. Macken stated that his subdivision was important and he needed this strip to proceed. " .- o We told Mr. Macken that the property team could not recommend this purchase; however, we did feel he had a legitimate concern and that he should talk to the School District first, asking them to purchase the strip since it is used as access to their property as they currently have an easement on it. Then, if this failed, write the property team a letter stating all of the facts. We assured him that the staff would review and calendar it at an appropriate Board meeting, where he could speak to the request. Paul Morsen Page Two August 5, 1985 o Nothing has been received by the property team from Mr. Macken requesting any action since our June 13, 1985, meeting. KFL:bbm Attachments cc: J. Campbell B. Gregory .&-L .', d'J..... .~ . . J)'" .: - f . , -- . f . , It i '. ~~ ., I , . r. \ in ~ ~l~ , " \ ~\ \ I ~ \~l~~ , I l. , .' '\ . J . I \ O' ~ ~\.-- , I, ~ \~ " , ~~'" I. I~' , " I \' , ,; . ; :\\~: I \,' I , , \' l If t-' ~ It, , '\' , t . \ ' , I · '\ ' . \ . , ~ ' : 00. w- 1 . U '9'" 8~ .. ..' ~. c(- . Q,;~ I t' I t ~ I i '-L C :z: c.J UJ. o <( u.J L ~ 0: CJ:: ~ .. . /' , /../ .. s. . ~ 41'_ o "l'" a. '\. 0" ~.... Q ~~. .. ""... " ~ ~\. .cs ~" f' ATTACHMENT 3 1 Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, California 94553-4392 . (415) 689-3890 May 8, 1986 ROGER J. DOLAN G.!neral Mal\llg<'r Ct,ie! EngUwt>, JAMES L. HAZARD Counsel for ,"" District (415) 9381430 JOYCE E. McMILLAN SeoE'tary of Iht> District Mr. Terry Macken 2032 Vanderslice Walnut Creek CA 94596 Dear Mr. Macken: SUBDIVISION 6223 - OFFSITE SEWER EASEMENTS On April 29, 1986 the District's Property Committee discussed the status of the offsite public sewer easement for Subdivision 6223. After a thorough di scussi on, the consensus of the committee remai ns the same as was stated during the committee's meeting with you and Mr. Bill Benko on June 13, 1985 (copy of meeting summary attached). It is the responsi bl1 ity of the developer to acqui re all easements and rights of way necessary to benefit his property. We recognize that the ownership of the land the sewer must cross presents a problem regarding the acquiring of easement rights. Nevertheless, we cannot recommend that our District Board of Directors consider your request for assistance until after we receive evidence that you have been unable to acquire the easement through other methods. Those methods seem to fall into two opti ons: 1) purchasi ng the property or the requi red sewer easement directly or; 2) the school district purchasing the property and granting the sewer easement to this District. This latter solution appears logical since the subject parcel of land is part of the school's access and if purchased would become part of their larger parcel, thus affording them more control of thei r si tee If you have contacted the school district and if they have refused to purchase the property to aid you, please provide written documentation of your attempts. Upon recei pt of a request for Board consi derati on and any informati on regarding your efforts to acquire easement rights, this matter will be schedu1 ed for a future Board of Di rectors' meeti n9 so that you w ill be able to present your request to the Board in person. s~ lIaul Morsen Deputy General Manager PM/gv Attachment ATTACHMENT 4 July 8, 1986 Joyce McMillan Secretary of the District Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, California RE: Request for Sewer Easement Assessors Parcel #184-204-009 (~ of exit road from Parkmead School) July 17, 1986 meeting - CCCSD Board of Directors Dear Mrs. McMillan: Thank you for your time on the telephone, last week. Per your suggestion, and that of Paul Morsen, thi~ is a formal request that I be allowed to appear before your Board of Directors at their next meeting, July 17, 1986, for the purpose of requesting they arrange for the Tax Collector's office, in Martinez to set up a sale to them of the above parcel, which was abandoned, for good cause, over 30 years ago, and then either grant a sewer easement under it, to hook up between the existing sewer under Newell Avenue, and the current easement across the Parkmead School grounds, that ends at this parcel; or, sell the parcel to me and then grant the easement. Either way, I am prepared to reimburse your District for its' costs in the matter. Paul Morsen was nice enough to send me a copy of a letter he received from Ken Laverty, about a meeting Bill Benko (Bryan & Murphy Associates) and I had with your property team. Because of the difference in recollections, I have included mine, from the same meeting, to set the record straight. To help clarify what we are talking about, I've enclosed six copies of a map, showing the parcel in question. Also enclosed is a copy of the letter I received from the School District, saying they don't feel it would be appropriate for them to be involved in this. (See reference in my notes of the 6-13-85 meeting with your property committee.) Thanks again, Joyce, for your assistance. If any problems come up, please don't hesitate to phone me. sincere1~ ~c~n ( 2032 Vanderslice Ave. Walnut Creek, Calif. 94596 Res.: 933-6846 Bus.: 933-3115 cc: Paul Morsen /' TO: PAUL MORSEN FROM: TERRY MACKEN SUBJECT: SUBDIVISION G223 - TERRY MACKEN RECOLLECTIONS OF 6-13-85 MEETING WITH CCCSD PROPERTY COMMITTEE On June 13, 1985, Bill Benko (Bryan & Murphy Associates, Walnut Creek), and myself, met with your property team to discuss a sewer easement across this abandoned parcel. At the meeting, we tried to make several points: A - I own land adjacent to the Parkmead School. B - The School District has sold me a sewer easement across their land, from mine to the above parcel. C - The School District already has easements over AND under it for anything they need, thus rendering the land essentially worthless. D - This parcel isn't even the whole road. It's only the Eastern one-half of the road. E - The property was effectively abandoned by the former owner. F - No taxes paid on it for over 30 years. G - The property was sold to the State for non-payment of property taxes. H - In 1984. the State transferred all such property back to its' former owners. (Whether they wanted it or not; and, whether they could be found or not; and, whether they were living or dead~) I - I have spent a lot of time, in Martinez, trying to find the former owner. No such luck. J - The quickest. most hassle free, and most cost effective way to handle this would be to have the Tax Collector's office in Martinez arrange a sale to CCCSD, they do the easement and sell the property to me (After all, it was abandoned, for valid reasons, over 30 years ago.) K - I would reimburse your district for their costs. Some of the property committee felt that nothing should be done by them, on thi.s Inatter. because they didn't want to get into "planning matters". As ~e tiied to point out, though~- if they refuse to do anything - that is a plai1il.ifi~ decisiol1. the ultimate one. It stops me from ever living on my land. The point we tried to make is that the District is in the sewer business, and without the necessary easement over one-half of an abandoned exit road, the land is rendered worthless. PAUL HOHSEN 6-13-85 Meeting with ,--.pcrty cOlllmittee Page ~ ot 2 On the other hand. by granting our request. the planning process can then start; as. any work done on my land must still be approved by the county planning department. The property committee's final comment was that I should contact the School District. to see if they would be willing to purchase the parcel and sell it to me. As I pointed out. the School District already has easements over and under the abandoned parcel. and thus no motivation to do anything along this line. I left the meeting feeling very frustrated. , I " I , / \ -.! /i . iIl,( f ./ .' /. ..' lJ I)) I :JJ'l /f.):/(I~ c-~jJ/1/7' / l/ I .. . " WALNUT CREEK SCHOOL ..JISTRICT 960 YGNACIO VALLEY ROAD · WALNUT CREEK, CALIFORNIA 94596 . (415) 933-1500 GOVERNING BOARD WARREN W. EUKEL, PRESIDENT JOHN L. HILTON, CLERK MRS. SARA C. NEWELL MRS. GWEN REGALIA MRS. MURIEL B. SMALHEISER SUPERINTENDENT KENNETH A. MEINECKE, ED. 0 June 20, 1986 Mr. Terry Macken 2032 Vanderslice Walnut Creek, CA Ave. 94596 RE: EASEMENT ON IDLEWOOD DR., PARKMEAD INTERMEDIATE Dear Mr. Macken: This letter is to advise you that at its Regular Meeting last Monday night, the Governing Board discussed your letter of May 30 concerning Idlewood Drive. Please be advised that it was the Board's consensus that the Walnut Creek School District is not interested in purchasing one- half of that road adjoining Lot 20 on Newell Avenue. Naturally, the District will maintain all of its interest in the surface and overhead easement rights, as expressed in our title deed to the Parkmead Intermediate School site. Very truly yours, ~C ..A~<4~~ KENNETH A. MEINECKE, Ed. D. Superintendent KAM/bg BUENA VISTA SCHool . INDIAN VALLEY SCHOOL . MURWOOD SCHOOL ''-''XI-NUT HEIGHTS sEJHoieL . WALNUT CRFj:;~ INTERMEDIATE SCHOOL ../ B RYAN S MURPHY ASSOC JATES. INC. CIVIL ENGINEERS P.O. BOX 287, WALNUT CREEK, CA 94597 . 1233 ALPINE ROAD. WALNUT CREEK, CA 94596 14151 93g-6500 May 14, 1985 Job No. 527.9-2 TERRY MACKEN SUBDIVISION 6223 Central Contra Costa Sanita~y District 5019 Imhoff Place Martinez, CA 94553 Attention: Ken Laverty Real Property Committee '. Gentlemen: On behalf of our client, Terry Macken, this is to request a meeting with the real property committee to discuss a right-of-way acquisition matter which we believe to be of mutual interest to the District and our Client. Enclosed is a plat and description of the parcel in question. Until recently, the property was in the name of the State of California. The law was changed last year and the property is now in the name of the original owner. There is a deliquent tax burden on the property which our client will pay in order to secure title to the property in the name of the District. Of course, our client will pay all costs associated with transfer of title. Please set a time for us to come in to discuss the matter. Your early consideration will be sincerely appreciated. INC. WjB/bc vfc: Terry Macken . "'-- ."..' ".~ . GRANT OF EASEMENT .101 No......... 'COM'OU.TION GllAHTOIlI 'AIlCEl No............................ F.. ...1... '_1"'" STATE OF CALIFORNIA GIlANTS 10 CENTIW. CONTRA COSTA SANITARY DISTRICT .. ..c....i... _I - .11 .... '.1 prwparty _,_ In ... c-ry of Con,,_ eo.l.. I.... of Callforni.. Mac:ribed .. foll_' PORTION OF RANCHO SAN RAMON DESCRIBED AS FOLLOWS: A STRIP OF LAND 10 FEET IN WIDTH THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERN LINE OF NEWELL AVENUE AS SHOWN ON THE MAP OF THE PARKMEAD SUBDIVISION FILED IN THE OFFICE OF THE CONTRA COSTA COUNTY RECORDER IN BOOK 31 OF MAPS AT PAGE 17, OCTOBER 10, 1946, SAID fO~ OF BEGINNING ALSO BEING ON THE NORTHERN LINE OF A PARCEL OF LAND CONVEYED TO THE STATE OF CALIFORNIA BY "CONVEYANCE OF REAL ESTATE" RECORDED JULY 11, 1961, IN BOOK 3906 OF OFFICIAL RECORDS OF SAID COUNTY, PAGE 208, SAID POINT OF BEGINNING BEING DISTANT NORTHEASTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 375 FEET THROUGH A CENTRAL ANGLE OF r 28' 33", AN ARC DISTANCE OF 16.20 FEET FROM THE NORTHWESTERN CORNER OF SAID LAND CONVEYED TO THE STATE OF CALIFORNIA; THENCE FROM SAID POINT OF BEGINNING SOUTHEASTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHWEST HAVING . A RADIUS OF1115.92 FEET THROUGH A CENTRAL ANGLE OF 60 09' 41" AN ARC LENGTH OF 120.00 FEET; THENCE NORTH 560 58' IS" EAST, 9.22 FEET TO A POINT ON THE NORTHWESTERN BOUNDARY OF A PARCEL OF LAND DESCRIBED IN THE DEED TO THE WALNUT CREEK SCHOOL DISTRICT, RECORDED FEBRUARY 5, 1948, IN THE OFFICE OF THE CONTRA COSTA COUNTY RECORDER IN BOOK 1170, OFFICIAL RECORDS, PAGE 498, SAID POINT BEARS NORTHERLY ALONG THE NORTHWESTERN BOUNDAJ OF SAID SCHOOL DISTRICT PARCEL (1170 OR 498) ALONG THE ARC OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 1125 FEET, AN ARC DISTANCE OF 18. 95 FEET FROM THE NORTHEASTERN TERMINUS OF THE COURSE IN SAID BOUNDARY DESCRIBED AS NORTH 680 39' 55" EAST, 50.00 FEET IN SAID SCHOOL DISTRICT PARCEL (1170 OR 498). THE SIDE LINES OF SAID 10 FEET IN WIDTH STRIP TO BE LENGTHENED OR SHORTENED TO EXTEND ENTIRELY ACROSS SAID STATE OF CALIFORNIA PARCEL (3906 OR 208). lor ... pu_. of c:on.lI\IC.i"ll. layinll. _inlaininll and _"1"11 .._ pip.. .....in and !he,-..-.. and lIppur1__ and ......1_.......... wllll !he .......,. ,igh. 0'_" 10 lIuch _"or Mid -..0_ _..... '_Ininlll_. of .,,10<. DATED......._................... ............................................ .... ..........................................-............................................... .............--.....................h..................._................................._. .......................-......................-........................................... . ....-........--...............................-.......-.....- STATE OF c:AUFORNIA} D. Coutotr .. Conlr. eo... On .......................... ......................... .... . IIeIore me........ ....................................................., · NoIar}' ~, In and lor MId Count)< ....d SIa'., peraonall, .ppn,ad ....................................................................h............................................................................ ~-'Y ....- .. - (or pro...d to me on 1M baela of __actory """"callo be 1M ~-I "'0 .llaculOd .......111"'....' .. th.. . ...................... .. .... ....................... ..... .. the MIPOf..... ..... MIlled, on behall of ..Id corporallon, and acknowladgad .. - the. Mid corporation .Il.cu.ad /I 10101.', Pubhc. S.al. 01 C.lllo,nl. ~.,.. . CENTRAL CONTRA :A SANITARY DISTRICT RIGHT OF WAY MAP FOR SEWER , _ _______--10 -- "-\ ,} ~ \'-\ \J t.. _- r7 \ \ '-\ ~ ----- ----- ((<) ~! f \jY L ~ ~ (-~ -- ---- . ~/tI!!]., 4~olJl!'./ --@- ___'_J o,er/' fJA./ . -- AD /' /" 1l./ \ , . iii ('31 /J:(J~.Z,IY"3. 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