HomeMy WebLinkAbout11/17/2005 AGENDA BACKUPCentral Contra Costa Sanitary District
144" �� ' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: November 17, 2005 No.: 3.a. CONSENT CALENDAR
Type of Action: ADOPT RESOLUTION; ACCEPT EASEMENT
Subject: ADOPT A RESOLUTION ACCEPTING A GRANT OF EASEMENT FROM
TOM AND CYDNEY RICHARDSON (DISTRICT PROJECT NO 690 — PARCEL 8).
Submitted By: Initiating Dept /Div.:
Michael J. Penny, Associate Engineer Engineering /Environmental Services
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
J. Miyamoto -Mills
C. Swanson
A. Farrell
General
W.
ISSUE: A resolution of the Board of Directors is required to accept and record grants of
easements.
RECOMMENDATION: Adopt a resolution accepting a Grant of Easement and
authorize recording of the easement deed with the Contra Costa County Recorder.
FINANCIAL IMPACTS: None.
ALTERNATIVES /CONSIDERATIONS: The Board could elect to not accept the Grant
of Easement and rely on unrecorded, implied or prescriptive rights for continued
operation and maintenance of the public sewer on the property.
BACKGROUND: The developer of the Las Lomitas Subdivision - Unit No. 1
constructed a private sanitary sewer and sewage disposal system in 1949, to which a
side sewer from the house on each lot was connected. The sewers generally run
through the lots behind the homes and parallel to the streets. The Las Lomitas sewers
were subsequently connected to the District's collection system in 1955, the disposal
system was abandoned, and the District assumed responsibility for maintaining and
operating the sewer main system within the various lots under unrecorded, implied or
prescriptive rights. In 1977, the Board of Directors adopted Resolution No. 77 -15
making an easement declaration in regard to rights to maintain and operate the sewer
main system. Recording of this document, however, referenced only the subdivision in
general rather than individual parcels, and apparently property owners were not notified.
Tom and Cydney Richardson purchased the property at 1171 Camino Tassajara (Las
Lomitas Lot 5) in 2005. Unfortunately, the seller did not disclose the presence of the
public sewer on the property, and may not have been aware of its existence. Further,
the title search for the Richardson's purchase did not identify the District's easement
declaration. Subsequently, when the Richardson's came to the Permit Counter to
inquire about fees for a planned addition and the location of their sewer connection,
Page 1 of 3
N: \ENVRSEC \Position Papers \Penny \690 1171 Camino Tassarjara GOE.doc
POSITION PAPER
Board Meeting Date: November 17, 2005
Subject: ADOPT A RESOLUTION ACCEPTING A GRANT OF EASEMENT FROM
TOM AND CYDNEY RICHARDSON (DISTRICT PROJECT NO 690 — PARCEL 8).
staff determined that at some time in the past, a previous owner constructed an addition
to the house over a portion of the public sewer as shown on the attached map.
District staff and legal counsel have been negotiating with the Richardsons to affect a
fair resolution to the situation, and establish permanent easement rights for CCCSD.
The Grant of Easement offered by the Richardsons and recommended by staff would
provide a ten -foot wide sanitary sewer easement, centered on the existing sewer, would
permit the house to remain, and to be replaced in kind in the future if destroyed by fire,
flood or seismic event. The Richardsons would accept liability and would answer to
CCCSD for any damage to the sewer that is a consequence of the presence of the
house over the sewer or of any home maintenance or reconstruction work.
RECOMMENDED BOARD ACTION: Adopt a resolution accepting a Grant of
Easement from Tom and Cydney Richardson for an easement (Job No. 690, Parcel 8),
and authorizing staff to record the easement with the Contra Costa County Recorder.
Page 2 of 3
NAENVRSEC \Position Papers \Penny \690 1171 Camino Tassarjara GOE.doc
Page 3 of 3
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: November 17, 2005 No.: 3.b. CONSENT CALENDAR
Type of Action: SET PUBLIC HEARING DATE
subject: SET PUBLIC HEARING ON DECEMBER 15, 2005, TO RECEIVE PUBLIC
COMMENT ON THE COLLECTION OF DELINQUENT CHARGE BY PLACING IT
ON THE COUNTY TAX ROLL
Submitted By.
Randall M. Musgraves, Director of
Administration
Initiating Dept✓Div.:
Administrative /Safety & Risk Management
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
D. Ratcli graves harles a ,
General Mana r
ISSUE: The District's practice is to hold a public hearing to receive public comment on
the placement of delinquent charges on the Property Tax Roll.
RECOMMENDATION: Authorize a public notice to set public hearing on December 15,
2005, to receive public comment on the collection of a delinquent charge by placing it
on the County tax roll.
FINANCIAL IMPACTS: An outstanding balance of $9,257.16 currently exists with Mr.
and Mrs. Carlos Vasquez due to an illegal encroachment related to the construction of
a home addition at 6215 Alhambra Road, Pleasant Hill, California.
ALTERNATIVES /CONSIDERATIONS: District staff could be directed to mediate a
resolution between the homeowner and the contractor. However, staff has been unable
to obtain final resolution and payment of the outstanding balance.
BACKGROUND: On December 18, 2003, District staff issued a Notice of Violation of
Illegal Encroachment to Mr. and Mrs. Carlos Vasquez related to the construction of a
home addition at 6215 Alhambra Road, Pleasant Hill. The homeowner's contractor
drilled into the sewer line when attempting to place a pier for the house foundation.
Cement was placed in the line creating a sewer spill and emergency response. The
contractor replaced the blocked sewer line. On December 26, 2003, the homeowners
signed an agreement to reimburse the District for all costs to the District due to the
encroachment. The homeowners were billed $13,257.16 for the emergency response
costs. After several cooperative discussions with Mrs. Vasquez, a payment of $4,000
was received on August 5, 2005. Unfortunately, no further payments have been
received and a dispute between the homeowner and contractor continues. On
September 30, 2005, a certified letter was sent to the homeowner notifying them that
the District has been very patient but has no other solution other than to place the
N: ADMINSUPADMUMUSGRAVESTP - delinquent.doc Page 1 of 3
POSITION PAPER
Board Meeting Date: November 17, 2005
subject: SET PUBLIC HEARING ON DECEMBER 15, 2005, TO RECEIVE PUBLIC
COMMENT ON THE COLLECTION OF DELINQUENT CHARGE BY PLACING IT
ON THE COUNTY TAX
outstanding amount of $9,257.16 on their property tax bill. The letter notified them that
staff would be requesting the Board of Directors to conduct a Public Hearing on this
matter. Staff has not been contacted by the homeowner.
RECOMMENDED BOARD ACTION: Authorize a public notice to set a public hearing
on December 15, 2005, to receive public comment on the placement of a delinquent
charge of $9,257.16 for collection on the County tax roll.
WADMINSUPWDMINNUSGRAVES\PP - delinquent.doc Page 2 of 3
NOTICE OF PUBLIC HEARINGTO RECEIVE PUBLIC COMMENT
ON THE PLACEMENT OF A DELINQUENT CHARGE
ON THE COUNTY TAX ROLL
NOTICE IS HEREBY GIVEN THAT:
The Board of Directors of the Central Contra Costa Sanitary District (District) at their
regular meeting at 2 p.m. on December 15, 2005 in the Meeting Room of the District
Office, 5019 Imhoff Place, Martinez, California, will hold a Public Hearing to consider
collection of a delinquent charge to be collected on the County tax roll.
The District desires to hold a public hearing on the placement of the delinquent charge
on the County Tax Roll prior to action being taken.
A public hearing will be held to receive public comment on the placement of the
delinquent charge on the County tax roll, at which time the Board of Directors will
receive and consider all protests to the proposed delinquent charge and method of
collecting the charges.
Page 3 of 3
NAADMINSUMADMINNUSGRAVESTP - delinquent.doc
HEARING TO RECEIVE COMMENTS ON AND CONSIDER ADOPTION OF A
RESOLUTION OF NECESSITY FOR THE ACQUISITION OF PUBLIC EASEMENTS
FOR SANITARY SEWER AND ACCESS PURPOSES AND AUTHORIZING EMINENT
DOMAIN PROCEEDINGS FOR THE ALHAMBRA VALLEY TRUNK SEWER
PROJECT, DISTRICT PROJECT NO. 5919
SUGGESTED AGENDA
November 17, 2005
Request Staff Report
II. Hearing
A. Open Hearing
B. Receive comments from affected property owners
See attached list
C. Receive comments from other interested parties
D. Close Hearing
III. Discussion
IV. Recommended Actions:
A. Consider adopting the proposed Resolution of Necessity for the
Acquisition of Public Easements for Sanitary Sewer and Access Purposes
and Authorizing Eminent Domain Proceedings for the Alhambra Valley
Trunk Sewer Project, District Project No. 5919
WENVRSEMPosition Papers \Hernandez R \5919 Agenda for Hearing Strentzel Lane.doc
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: November 17, 2005 No.: 4.a. HEARINGS
Type of Action: CONDUCT HEARING; AUTHORIZE RESOLUTION
subject: CONDUCT A HEARING TO RECEIVE COMMENTS ON AND CONSIDER
ADOPTION OF A RESOLUTION OF NECESSITY FOR THE ACQUISITION OF
PUBLIC EASEMENTS FOR SANITARY SEWER AND ACCESS PURPOSES AND
AUTHORIZING EMINENT DOMAIN PROCEEDINGS FOR THE ALHAMBRA
VALLEY TRUNK SEWER PROJECT, DISTRICT PROJECT NO. 5919 — PORTION
OF STRENTZEL LANE
Submitted By: Initiating DeptJDiv.:
Ricardo Hernandez Engineering /Environmental Services
Senior Engineering Assistant
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
Hernandez M. Penny C. Swanson A. Farrell ent Alm 4/rles . B
General Manag
ISSUE: California Eminent Domain Law (Code of Civil Procedure Section 1245.235)
requires that a public agency conduct a hearing prior to adoption of a Resolution of
Necessity to acquire property by eminent domain. The hearing is not a public hearing,
but a hearing at which the owner(s) of the property that is to be acquired is given an
opportunity to address the three issues that must be considered and determined by the
Board of Directors. In this matter, and as required by the above statute, written notice
of this hearing was mailed November 1, 2005 to the property owners as listed on Exhibit
A. A map showing the properties is also attached.
The three issues that must be considered and determined in this hearing are as follows:
1. The public interest and necessity require the proposed project;
2. The proposed project is planned or located in the manner that will be most
compatible with the greatest public good and least private injury; and,
3. The property described in the Resolution is necessary for the proposed project.
RECOMMENDATION: Conduct a hearing to receive input from affected property
owners regarding the staff - proposed Resolution of Necessity for the Acquisition of
Public Easements for Sanitary Sewer and Access Purposes and Authorizing Eminent
Domain Proceedings for the Alhambra Valley Trunk Sewer Project. A copy of the
proposed Resolution is presented as Exhibit B.
WENVRSEMPosition Papers \Hernandez R \5919 Set Hearing Strentzel Lane.DOC
POSITION PAPER
Board Meeting Date: November 17, 2005
subject: CONDUCT A HEARING TO RECEIVE COMMENTS ON AND CONSIDER
ADOPTION OF A RESOLUTION OF NECESSITY FOR THE ACQUISITION OF
PUBLIC EASEMENTS FOR SANITARY SEWER AND ACCESS PURPOSES AND
AUTHORIZING EMINENT DOMAIN PROCEEDINGS FOR THE ALHAMBRA
VALLEY TRUNK SEWER PROJECT, DISTRICT PROJECT NO. 5919 — PORTION
OF STRENTZEL LANE
After concluding the hearing and considering all evidence presented, adopt the
proposed Resolution of Necessity authorizing the acquisition of permanent easements
for sanitary sewer purposes by eminent domain, filing of the eminent domain action,
deposit of the amount of probable compensation, and the application for an Order of
Possession.
FINANCIAL IMPACTS: These include easement costs and legal expenses associated
with the filing of eminent domain action, and obtaining an Order of Possession. These
expenses are provided for in the authorized project budget. Expenses associated with
right -of -way acquisition will be considered as construction costs for the project and will
be included as part of the connection fees to the proposed trunk sewer. The
compensation to be paid to property owners for the proposed easements is not a matter
to be considered by the Board of Directors at the hearing.
ALTERNATIVES /CONSIDERATIONS: The Board could elect not to adopt the proposed
Resolution of Necessity; could continue the hearing; could conclude the hearing and
defer its decision to a future date; or could direct staff to pursue another route for the
trunk sewer. No action by the Board at this time will delay the acquisition of the needed
right -of -way, and possibly delay the start of construction.
BACKGROUND: The Board accepted The Facilities Plan for Wastewater Utility Service
to Alhambra Valley on October 2, 2003. This Facilities Plan identified 200 properties
that could ultimately connect to the system. Approximately 170 of these properties have
homes that are using septic tanks. The Facilities Plan concluded that a gravity sewer
service was the preferred ultimate alternative to serve existing and proposed residential
development in this area. Subsequent design plans selected the proposed route as the
preferred alignment for the 10 -inch to 12 -inch diameter gravity trunk sewer. Exhibit C
summarizes the alternatives considered during design (Route 1 is the preferred
alignment). The advantages of Route 1 are that it will allow the most connections,
eliminates the need for a pumping station, the alignment is through existing roadways,
and eliminated the need for backyard easements.
At its September 1, 2005 meeting, the CCCSD Board of Directors approved an
addendum to the Alhambra Valley Estates Subdivision Environmental Impact Report
that addressed the environmental effects of CCCSD's Alhambra Valley Trunk Sewer
Project. Subsequently, a Notice of Determination was filed with the Contra Costa
County Clerk in compliance with the California Environmental Quality Act (CEQA).
N: \ENVRSEC \Position Papers \Hernandez R \5919 Set Hearing Strentzel Lane.DOC
POSITION PAPER
Board Meeting Date: November 17, 2005
Subject. CONDUCT A HEARING TO RECEIVE COMMENTS ON AND CONSIDER
ADOPTION OF A RESOLUTION OF NECESSITY FOR THE ACQUISITION OF
PUBLIC EASEMENTS FOR SANITARY SEWER AND ACCESS PURPOSES AND
AUTHORIZING EMINENT DOMAIN PROCEEDINGS FOR THE ALHAMBRA
VALLEY TRUNK SEWER PROJECT, DISTRICT PROJECT NO. 5919 — PORTION
OF STRENTZEL LANE
The proposed easement is through a portion of Strentzel Lane that is privately owned.
When the surrounding land was developed, the original landowners granted access and
utility easements through this strip of land as appurtenances to the resulting lots.
Although rights of way were granted over this strip of land the underlying fee simple
ownership never transferred to another party. According to title work prepared by North
American Title Company, ownership of the land lies with the heirs of the original owners
and some of the adjoining property owners. The County Assessors Office does not
have a record of ownership for this parcel. Relying on information provided by the title
company, offers to purchase and the notice of this Hearing were sent to 19 owners.
RECOMMENDED BOARD ACTION: Conduct a hearing to receive input from affected
property owners regarding the staff - proposed Resolution of Necessity for the Acquisition
of Public Easements for Sanitary Sewer Purposes and Authorizing Eminent Domain
proceedings for the Alhambra Valley Trunk Sewer Project.
After concluding the hearing and considering all evidence presented, adopt the
proposed Resolution of Necessity authorizing the acquisition of permanent easements
for sanitary sewer purposes by eminent domain, filing of the eminent domain action,
deposit of the amount of probable compensation, and the application for an Order of
Possession.
Code of Civil Procedure Section 1245.240 requires a two- thirds vote of all members of
the governing body of the public entity for Adoption of said Resolution of Necessity.
Notwithstanding the discussion above, negotiations with the U.S. National Park Service
may make continuance or postponement of the public hearing the appropriate action at
this time.
NAENVRSEC \Position Papers \Hernandez R \5919 Set Hearing Strentzel Lane.DOC
EXHIBIT "A"
STRENTZEL LANE OWNERS
Thomas L. and Barbara Barnes, Trustees
Melvin M. and Diana L. Jones
190 Strentzel Lane
115 Jose Lane
Martinez, CA 94553
Martinez, CA 94553
Bruce Patten and Karen Bell- Patten
Michael G. and Catherine M. Lucas
104 Sheridan Lane
175 Strentzel Lane
Martinez, CA 94553
Martinez, CA 94553
Ross E. deLipkau
Michael G. and Catherine Overfield Lucas, Trustees
333 Holcomb Avenue, Suite 300
175 Strentzel Lane
Reno, NV 89502
Martinez, CA 94553
Margaret Figueiredo, Trustee
Ross E. deLipkau, Trustee
115 Jose Lane
William Hanna, Trustee
Martinez, CA 94553
Muir -Hanna Family Trust
333 Holcomb Avenue, Suite 300
Reno, NV 89502
Susan Flynn
Owen Richard Hanna; Thomas Rea Hanna;
11538 Post Hill Road
Kevin Michael Hanna; Joan Hanna Brown;
Lakeside, CA 92040
Alan Lee Haggland; Laurie Jean Haggland
C/O Thomas Hanna
1300 Valley View Drive
Carson City, NV 89701
James Gaines and Louise McBride
Greg Gress, Chief
C/O Ross E. deLipkau
Pacific Land Resources
333 Holcomb Avenue, Suite 300
National Park Service
Reno, NV 89502
1111 Jackson Street, Suite 700
Oakland, CA 94607
David S. and Sharon F. Hanna
Ross Erwin Hanna
5005 Alhambra Valley Road
701 Birch Way
Martinez, CA 94553
Dixon, CA 95620
James Sheridan Hanna
Timothy Rea Hanna
69 Ruby Lane
6001 Fourth Avenue
Carson City, NV 89701
Sacramento, CA 95817
John Muir Hanna
Wayne M. and Jayne L. Jones
C/O William Hanna
115 Jose Lane
1240 Orchard Avenue
Martinez, CA 94553
Napa, CA 94558
Mary C. Hanna
Dennis Hanna
Neil Ross Hanna
C/O Timothy Rea Hanna
6001 Fourth Avenue
Sacramento, CA 95817
N:\ ENVRSEC Wdmin \RHernandez \Strentzel Lane \List of Strentzel Lane Owners.doc
tN
MARTINEZ
Proposed Ease nt '
LOCATION MAP
N. T. S.
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STRF!VT2, `v /
NATIONAL PARK SERVICE \�
JOHN MUIR NAT'L HIST. SITE
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LEGEND: N
— — PRIVATE ROAD EASEMENT
PROPOSED EASEMENT AREA
Central Contra Costa Attachment
Sanitary District STRENTZEL LANE EASEMENT
AW)b MAP
ALHAMBRA VALLEY SEWER -PHASE 1
EXHIBIT "B"
RESOLUTION NO.
RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE
THE ACQUISITION OF A PERMANENT EASEMENT AND DIRECTING
THE FILING OF EMINENT DOMAIN PROCEEDINGS
(Job No. 5919; Portion of Strentzel Lane, Un- assessed Private Road)
IT IS RESOLVED by the Central Contra Costa Sanitary District, Martinez,
California, as follows:
WHEREAS, it is necessary for the Central Contra Costa Sanitary District to
acquire permanent easements for sanitary sewer purposes and ingress and egress, and
related appurtenances, related to the Alhambra Valley Trunk Sewer Project, and more
particularly described in Exhibit "A" Grant of Easement. The name and address of the
owner who has interests to be acquired is as follows:
See attached Owner List
WHEREAS, the Central Contra Costa Sanitary District is vested with the power
of eminent domain to acquire said interests by virtue of Article 1, Section 19, of the
Constitution of the State of California, Section 6514 of the Health and Safety Code of
the State of California and Sections 1240.010, 240.510, and 1240.610 et seq., of the
Code of Civil Procedure of the State of California; and
WHEREAS, pursuant to the provisions of Section 1245.235 of the Code of Civil
Procedure of the State of California, notice has been duly given to the owners of the
subject property and whose names and addresses appear on the last Contra Costa
County equalized assessment roll, all of whom have been given a reasonable
opportunity to appear and be heard before the Board of Directors of the Central Contra
Costa Sanitary District on the following matters:
(a) Whether the public interest and necessity require the proposed project;
(b) Whether the proposed project is planned or located in the manner that will
be most compatible with the greatest public good and the least private
injury; and
(c) Whether the interests sought to be acquired are necessary for the
proposed project.
NOW, THEREFORE, IT IS FOUND, DETERMINED, AND ORDERED as follows:
The public interest and necessity require the Project;
2. The Project is planned and located in the manner which will be most
compatible with the greatest public good and the least private injury;
3. The property interests sought to be acquired are necessary for the project.
4. The General Counsel of the Central Contra Costa Sanitary District or his
duly authorized designee be, and he is hereby authorized and directed to institute and
conduct to conclusion an action in eminent domain for the acquisition of the estates and
interests aforesaid and to take such action as he may deem advisable or necessary in
connection therewith;
5. An order for prejudgment possession may be obtained in said action and a
warrant issued to the State Treasury Condemnation Fund, in the amount determined by
the Court to be so deposited, as a condition to the right of immediate possession.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
NAENVRSEC \Position Papers\Hemandez R \Resolution 5919 Strentzel Lane.doc 2
PASSED AND ADOPTED this 17th day of November 2005, by the Board
of Directors of the District 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: APPROVED AS TO FORM:
Secretary of Central Contra Costa Kenton L. Alm
Sanitary District, County of Contra Costa District Counsel
State of California
NAENVRSEMPosition Papers \Hemandez R\Resolution 5919 Strentzel Lane.doc 3
EXHIBIT A
RECORDING REQUESTED BY
CENTRAL CONTRA COSTA
SANITARY DISTRICT
AFTER RECORDING RETURN TO
CENTRAL CONTRA COSTA
SANITARY DISTRICT
ENVIRONMENTAL SERVICES DIVISION
5019 IMHOFF PLACE
MARTINEZ, CA 94553 -4392
Job No. 5919
Parcel No. 16
APN No: Portion of Strentzel
Lane, Parcel One
GRANT OF EASEMENT
(SEWER PURPOSES)
For good and valuable consideration, the heirs or devisees of Edna Hanna aka Edna S.
Hanna, deceased, their interest being subject to the administration of the estate of said
decedent; The heirs or devisees of Richard R. Hanna, deceased, their interest being
subject to the administration of the estate of said decedent; The heirs or devisees of
Jean H. Clark fka Jean De Lipkau, deceased, their interest being subject to the
administration of the estate of said decedent; Margaret De Figueiredo, Trustee in Trust
as provided in Item 7 of the Will of Jose A. De Figueiredo, as set forth in order setting
first and final account of executor, Case No. 60446. Superior Court of Contra Costa
County a certified copy of which was recorded October 4, 1983, in Book 11470, Page
368, Contra Costa County records; Bruce Patten and Karen Bell- Patten, husband and
wife as joint tenants; Michael G. Lucas and Catherine M. Lucas, husband and wife as
joint tenants; Thomas L. Barnes and Barbara Barnes, Trustees of the Thomas and
Barbara Barnes Family Trust Dated April 16, 1998; United States of America; Melvin M.
Jones and Diana L. Jones, husband and wife as community property; Wayne M. Jones
and Jayne L. Jones, husband and wife as community property; and Michael G. Lucas
and Catherine Overfield Lucas, Trustees of the Michael G. Lucas and Catherine
Overfield Lucas Revocable Trust; all as their interest may appear, (hereinafter "Owner "),
being the present title owner of record of the parcel of land described in Exhibit "A"
(written legal description), attached hereto and by this reference made a part hereof,
does hereby grant to the Central Contra Costa Sanitary District (hereinafter
"District "), a special district of the State of California, and its successors or assigns, an
exclusive subsurface easement and nonexclusive surface easement
(characterized as an easement in gross for all purposes of this dedication), for the right
to construct, reconstruct, renew, alter, operate, maintain, replace (with the initial or any
other size) and repair such sewer line or lines as the District shall from time to time elect
for conveying sewage, and all necessary maintenance access structures, laterals and
appurtenances thereto, over and within such easement area as is described in said
Exhibit "A" and shown on Exhibit "B" (plat), attached hereto, together with the free right
Grant of Easement
Job 5919 — Parcel 16
Portion of Strentzel Lane, Parcel One
Page 2 of 4
of ingress, egress and emergency access to said easement over and across the
remaining portion of the Owner's property, provided that said rights of ingress, egress
and emergency access shall be limited to established roadways, pathways, avenues or
other routes to the extent possible and as reasonably necessary for the proper use of
the rights granted herein. This Grant of Easement also includes the right to clear
obstructions and vegetation from the easement as may be required for the proper use of
the other rights granted herein.
The Owner reserves the right to landscape or make such other use of the lands
included within the easement which is consistent with the District's use; however, such
use by the Owner shall not include the planting of trees or construction of permanent
structures, including but not limited to houses, garages, outbuildings, swimming pools,
tennis courts, retaining walls, decks, patios, or other concrete architectural structures
within or over the easement, or any other activity which may interfere with the District's
full enjoyment of the easement rights granted herein.
Maintenance access structures (manholes, rodding inlets, etc.) constructed within the
easement shall not be covered by earth or other material and shall remain in an
exposed and accessible condition at all times for routine and /or emergency
maintenance that may be deemed necessary by the District from time to time.
The provisions of this irrevocable offer shall inure to the benefit of and be binding upon
the heirs, successors, assigns, and personal representatives of the respective parties.
In witness whereof, Owner executed this instrument on this day of , 2005.
OWNER:
The Heirs of Edna Hanna aka
Edna S. Hanna, deceased
Susan Flynn
David Strentzel Hanna
The Heirs of Richard R. Hanna, deceased
Owen Richard Hanna
James Sheridan Hanna
Thomas Rea Hanna
N: \ENVRSEC \Position Papers \Hernandez R \Grant of Easement 5919 Strentzel Lane.doc
Grant of Easement
Job 5919 — Parcel 16
Portion of Strentzel Lane, Parcel One
Page 3 of 4
Kevin Michael Hanna
Joan Hanna Brown
Laurie Jean Haggland Marchessault
Alan Lee Haggland
Rose E. Hanna
John M. Hanna
Timothy Rea Hanna
Mary C. Hanna
Neil Ross Hanna
Dennis Michael Hanna
William Hanna, Trustee
Ross De Lipkau, Trustee
The Heirs of Jean H. Clark fka Jean De Upkau, deceased
James Gaines Louise McBride
Ross De Lipkau
Margaret De Figueiredo, Trustee in Trust as provided in Item 7 of the Will of Jose
A. De Figueiredo, as set forth in order setting first and final account of executor,
Case No. 60446.Superior Court of Contra Costa County, a certified copy of which
was recorded October 4, 1983, in Book 11470, Page 368, Contra Costa County
records.
Margaret De Figueiredo, Trustee
N: \ENVRSEC \Position Papers \Hernandez R \Grant of Easement 5919 Strentzel Lane.doc
Grant of Easement
Job 5919 — Parcel 16
Portion of Strentzel Lane, Parcel One
Page 4 of 4
Bruce Patten and Karen Bell- Patten, husband and wife as joint tenants
Bruce Patten
Karen Bell- Patten
Michael G. Lucas and Catherine M. Lucas, husband and wife as joint tenants
Michael G. Lucas
Catherine M. Lucas
Thomas L. Barnes and Barbara Barnes, Trustees of the Thomas and Barbara
Barnes Family Trust Dated April 16, 1998
Thomas L. Barnes, Trustee
United States of America
Title:
Barbara Barnes, Trustee
Melvin M. Jones and Diana L. Jones, husband and wife as community property
Melvin M. Jones
Diana L. Jones
Wayne M. Jones and Jayne L. Jones, husband and wife as community property
Wayne M. Jones
Jayne L. Jones
Michael G. Lucas and Catherine Overfield Lucas, Trustees of the Michael G.
Lucas and Catherine Overfield Lucas Revocable Trust
Michael G. Lucas, Trustee Catherine Overfield Lucas, Trustee
ATTACH NOTARY STATEMENT
N: \ENVRSEC \Position Papers \Hernandez R \Grant of Easement 5919 Strentzel Lane.doc
EXHIBIT "A"
REAL PROPERTY in the unincorporated area of the county of Contra Costa,
state of California described as follows:
A 40 -foot wide strip of land the easterly line of which is described as follows:
Beginning at a found 1 -inch iron pipe at the northwest corner of Parcel "B" as
said Parcel is shown upon the Record of Survey filed on September 16, 1964 in
Book 30 of Licensed Surveyor Maps at page 23, Contra Costa County records
(30 LSM 23); thence along the westerly line of said Parcel "B" south 200 49'22"
west 136.39 feet (south 190 17' west 136.00 feet — 30 LSM 23) to a found 1 -inch
iron pipe at the southwest corner of said Parcel; thence along the southwesterly
prolongation of above said westerly line south 200 49' 22" west 40.00 feet.
Herein above described 40 -foot wide strip of land is a portion of the right of way
commonly known as Strenzel Lane.
Containing a total of 7056 square feet, more or less.
Attached hereto is a plat entitled Exhibit "B" and by this reference made a
part hereof.
AP Map 366 -11
DP 5919
Page 1 of 1
Pnrrpi iR Strenzel Ln
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FD 1" IRON PIPE
DRAM BY' E A C CHECKED BY. K D C THOMAS SRO.. 4 4 A 1 JOB NO: 5 919
SCAM DATE: CO. ASSMr. NO.: PARCEL NO.: 16
1 " =40' 8 -18 -05 ni io
EXHIBIT C
ALHAMBRA VALLEY TRUNK SEWER PROJECT
Routing Analysis
Wherever possible, CCCSD chooses to use gravity in the design of the wastewater collection
system. CCCSD's policy and past practice is to disapprove the use of pump systems when
technically and financially feasible gravity alternatives are available. Pumping requires the
establishment of a pumping station and force main, which can have long -term noise control,
odor control, and operations and maintenance (O &M) costs associated with it. These O &M
costs include electricity, materials, equipment, vehicle trips, chemicals, and staff labor.
Additionally, there is a risk for wastewater overflows or chemical spills caused by the potential
failure of electrical and mechanical equipment. Wastewater overflows and chemical spills
endanger both public health and the environment.
An evaluation of the area topography shows that there are 3 possible alignments for a gravity
sewer (see drawing 1). The following is a brief summary of the primary pros and cons of each
route.
Route 1: Wanda Way to Strenzel Lane
• Excavations would average 8 to 22 feet
• Sewers could be constructed following the natural ground slope i.e. no reverse slope
construction
• Sewers would be installed within existing roads or utility easements
• Length of future main extensions would be minimized and could flow by gravity to new
trunk sewer
Route 2: Alhambra Valley Road
• Constructing a gravity sewer will require excavations greater than 40 feet deep within a
2 -lane road.
• Local sewers that tie into this trunk line from Wanda Way and Peggy lane would be
constructed adverse to the natural ground slopes and some would require pumping
stations.
• Due to the deep excavations special shoring needs to be designed and because the
road is narrow road it must be closed to construct the sewer.
This alignment is considered the most technically difficult and financially costly option to
construct.
Route 3• Wanda Way to Deodora Way to Peggy Lane
• Excavations would range from 8 to 22 feet.
• Local sewer in Wanda Way north of Deodora would be constructed adverse to the
natural ground slope resulting in deeper excavations and flatter slopes
• Easements must be obtained across 5 parcels
• Approximately Y2 of the opencut excavation would be in private property and backyard
manholes with access roads would be constructed. Backyard manholes are difficult to
maintain.
N: \ENVRSEC\Position Papers \Hernandez R \Exhibit C to 5919 Wanda Way Alhambra Valley Trunk Sewer Hearing.DOC
Route 1 best meets all the design standards and results in the least overall environmental
impact to the area. The planned sewer alignment (see drawing 1, Route 1) would begin in the
City of Martinez at Gilbert Lane and Alhambra Valley Road and proceed in a southerly
direction, ending at the Alhambra Valley Road /Reliez Valley Road intersection. This planned
alignment is the same one recommended in CCCSD's "Facilities Plan for Wastewater Utility
Service to Alhambra Valley ".
N: \ENVRSEC \Position Papers \Hernandez R \Exhibit C to 5919 Wanda Way Alhambra Valley Trunk Sewer Hearing.DOC
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ROUTE 1
ROUTE 2
ROUTE 3
, '.,� USPS SITE
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Drawing No.
sanitary
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ALHAMBRA VALLEY
3
r
ALTERNATE SEWER ROUTES
Michael and Catherine Lucas
175 Strentzel Lane
Martinez, CA 94553
November 3, 2005
Central Contra Costa Sanitary district
5019 Imhoff Place,
Martinez, CA 94553 -4392
Dear Sir or Madame,
MIECIEU ;
NOV 0 7 2 u--,
CCCSD
lRETARY OF TH9 DISTho;
I, Michael and/or Catherine Lucas, request to be heard on Nov. 17, 2000 at the
Sanitary District in Martinez regarding the desired acquisition /easement of a portion of
Strentzel Lane. The attempt to " take by eminent domain" of this property is invalid. I
purchased this property from the Muir family whom during a previous easement granting
was found to be the rightful owners. At that time, the water district wanted to place
drainage pipe which I wanted altered. I was informed that neither myself nor my mother -
in- law Judy Overfield had any say in the matter. The Muir family was paid for the
easement, and the project was completed. I later paid the Muir family's trustee for this
property and a transfer deed is on file.
I have no problems with signing off for the sewer project, although as you heard
when I spoke at the August meeting, I am cautious only in regards to further development
of the valley. The valley thrives on 1/2 acre plots which will change when sewers are
introduced, as witnessed by the small lots in the new proposed development. However,
unless someone shows me a deed stating that I am not the rightful owner of Strentzel
lane, I need the full assessed value of 5,800 dollars for payment of the easement. No one
has such a deed, and the title report from North American Title states "people with
interests ", not ownership. I will waive any need of financial compensation if you can
work with the county planning district and have the valley made into permanent 1/2 acre
lots regardless of sewer or septic systems.
Again, you have not properly compensated the rightful owner, my wife and
myself, which is one of the main articles that must be done before any property can be
taken from the rightful owner. Therefore, until this is accomplished NO time line for the
beginnings of eminent domain proceedings can begin. If you do find ownership deeds
stating different facts than described above, please let me know so I can start the
necessary paperwork against the water district for their trespassing when the drainage
pipes were placed. Upon last week's discussion with the water district, they had title
insurance for their project and still claim that the Muir family was the rightful owner of
said property.
r
Sincerely,
Michael and Catherine Lucas
��ENT OF t
,ACH 3
United States Department of the Interior
NATIONAL PARK SERVICE
John Muir National Historic Park
Rosie the Riveter/WWII Home Front National Historical Park
Eugene O'Neill National Historic
Port Chicago Naval Magazine National Memorial
1401 Marina Way South
Richmond, California 94804
11/1 1/05
Curtis W. Swanson
Central Contra Costa Sanitary District
Environmental Services Division Manager
5019 Imhoff Place
Martinez, CA 94553
Dear Mr. Swanson,
REC EOV D
NOV 15 2005
CCCSD
SECRETARY OF THE DI
We are responding to your November 1 St, 2005 letter to Mr. Greg Gress, Chief of Pacific Land
Resources at the Regional Offices for the National Park Service concerning the adoption of a
resolution of necessity to acquire easements by eminent domain for the Alhambra Valley trunk
sewer project, district project No. 5919 — portion of Strentzel Lane.
We wish to exercise our right to appear and be heard before the District Board of Directors on
November 17th, 2005 at 2pm at the Board Meeting Room at 5019 Imhoff Place.
Sincerely,
Martha Lee
Superintendent
John Muir National Historic Site
cc: Greg Gress, Chief of Pacific Lands Resources
Suzanne Carlson, Pacific West Regional Solicitor
George Turnbull, Associate Regional Director
Rick Smith, Deputy Superintendent
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PRIVATE ROAD EASEMENT
PROPOSED EASEMENT AREA,,_
Central Contra Costa Attachment
Sanitary District STRENTZEL LANE EASEMENT
MAP
ALHAMBRA VALLEY SEWER -PHASE 1
ALHAMBRA VALLEY TRUNK
SEWER
Sewer Route Evaluation Criteria
Provide gravity service
Serve ultimate service area
Locate in roads or accessible easements
* Avoid backyard easements
Avoid deep excavations
Avoid unstable areas such as creek banks and hillsides
Limit creek crossings and siphons
STRENTZEL LANE EASEMENT
Sewer in private road and utility right -of -way
e. Avoids taking private property not already
encumbered by easements
a Provides for gravity sewer service to ultimate
service area
Common to Routes 1 and 2
1
. .........
LEGEND
ROUTE 1
ROUTE 2
ROUTE 3
usps srrr:
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Drawing No.
Sanitary District
ALHAMBRA
VALLEY
ALTERNATE SEWER ROUTES
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Central Contra Costa Sanitary District
November 10, 2005
File 5642.5.1.1
TO: BOARD OF DIRECTO
VIA: CHARLES W. BA
ANN E. FARRELL
TAD J. PILECKItl�
FROM: TOM GODS
SUBJECT: MORELLO PEDESTRIAN PIPE BRIDGES REPLACEMENT
In November 2001, the City of Martinez informed the Central Contra Costa Sanitary
District (District) that the bridge in Hidden Lakes Park was unsound and that the District
sewer suspended from the bridge was "in danger of spilling into the creek." Collection
System Operations (CSO) staff responded and observed that the sewer was supported
on a pedestrian bridge that was deteriorating. They also noted that there was a second
bridge in series with the first also supporting a sewer and also in poor condition (see
attached figure). CSO referred the issue to Engineering staff in December 2001.
The bridges are wood structures supported on concrete piers. Both bridges have dry
rot and fungus damage. The District's sewer is suspended from the deteriorating
wooden structures utilizing pipe hangers. The District had two different structural
engineers review the bridges, and both recommended immediate closure of the bridges
to pedestrian traffic. District staff sent a letter to the City of Martinez (City) on
September 26, 2002, detailing the structural engineer recommendation that both
bridges should be closed to public access. The City reluctantly closed the pedestrian
bridges during the winter of 2002/2003 and placed signs on them declaring they were
closed by the City and the District.
Ownership of the bridges is a key issue. The City of Martinez believes that the bridges
belong to the District, while the District believes that they belong to the City. The
bridges are located in a District sewer easement granted by the City of Martinez in
1980. Extensive document research has not revealed clear ownership of the wooden
bridges themselves.
District staff retained a design engineer to assist staff in evaluating several sewer
replacement options and estimated costs. The options are:
District remove the two existing wooden pedestrian -pipe bridges and construct
new dedicated sewer -only pipe bridges on the existing concrete piers in the
existing easement at a cost of $276,000. This option assumes that the
pedestrian bridges would not be replaced and that the City of Martinez would
N:\ PESUP\ Cbradley \MorelloWhitePaperFinal.doc
Board of Directors
Page 2
November 10, 2005
agree to the District's sole use of the existing piers without any compensation to
the City.
2. District trade for new easements from the City of Martinez and construct new
pipe bridges in the new easements independent of the pedestrian bridges at a
cost of $386,000. Martinez construct new bridges in the existing easements on
the existing piers for pedestrians only at a cost of $338,000. This represents a
total cost for both projects of $724,000.
3. Martinez remove the existing wooden pedestrian bridges and replace them with
new steel pedestrian bridges on the existing concrete piers in the existing
easement. The new bridges would be designed to support the District sewer.
The total joint project cost is estimated at $392,000 or $196,000 per party.
As discussed above, the ownership of the bridges is undetermined, therefore, the City
believes that sharing the costs of the repair is the most equitable arrangement, and
District staff concurs. If the City were to elect not to replace the bridges, the District
would have to install a new pipe -only bridge at an estimated cost of $276,000.
Therefore, the staff- recommended approach is to split the cost of a joint bridge and pipe
project, resulting in an estimated cost of approximately $196,000 to the District. This
represents an estimated cost savings of at least $80,000 to the District over the
sewer -only options. If the District were to take the position that we should pay only the
incremental costs of adding the sewer to the pedestrian bridge constructed by Martinez,
those costs would be approximately $60,000. However, because the ownership of the
original bridge is undetermined, staff does not believe this is a tenable position. All
costs presented in this memo are estimates and the actual costs will be determined
when bids for the project have been received.
District staff has met with City staff several times to negotiate conditions for the
replacement of the bridges. A key District concern has been the long -term maintenance
of the bridges. If the District agrees to a joint project, the City has indicated that it would
not only take the lead for environmental and design review, and coordinate the design
and construction inspection process for the bridge repair, but that it will assume
ownership and operation and maintenance responsibility for the bridges going forward.
Having the City assume ownership and all future maintenance of the bridges relieves
the District of this burden in the future and is another strong reason to participate in an
equal share of the bridge replacement costs. Staff will make a detailed presentation of
this issue at the November 17 Board Meeting.
TJP:jf
Attachment
N:\ PESUP\ Cbradley \MorelloWhitePaperFinal.doc
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Central Contra Costa Sanitary District
November 10, 2005
File 5924.5.1.1
TO: BOARD OF DI
VIA: CHARLES W.
ANN E. FARR
FROM: TAD J. PILECKI
SUBJECT: SAN RAMON FORCE MAIN LANDSCAPE MITIGATION PROJECT
In March of 2002, Central Contra Costa Sanitary District (District) staff obtained an
Encroachment Permit from the City of San Ramon to install the District's 24 -inch
San Ramon Force Main. The Encroachment Permit required the District to install
mitigation planting at the Iron Horse Trail entrances on Pine Valley (north side),
Montevideo, Bollinger Canyon, and Norris Canyon in accordance with the "CCC Iron
Horse Corridor Management Program Landscape Element" subject to the approval of
Contra Costa County Public Works (CCCPW), East Bay Regional Park District
(EBRPD), and the City of San Ramon. The landscape mitigation was to be installed
after construction of the force main was completed. The attached figure shows the
landscape locations discussed below.
During the finalization of the plans and specifications for the landscaping project, Dublin
San Ramon Services District and East Bay Municipal Water District Recycled Water
Authority ( DERWA) announced that it would start the construction of its recycled water
line in the next 18 months. The DERWA pipeline would follow the same alignment as
the District's force main between the north side of Pine Valley and the south side of
Bollinger Canyon. The City of San Ramon asked the District to defer the landscaping
mitigation project until after construction of the DERWA pipeline. DERWA completed its
construction activities earlier this year.
District and DERWA staff proposes to split the cost of the Landscape Mitigation Project
for the four common sites (north side of Pine Valley, both sides of Montevideo, and the
south side of Bollinger Canyon). DERWA will provide and install four (4) 5/8 -inch water
meters and the District will pay for cost of the landscaping. The relative costs, including
design and construction, represent approximately a 50/50 split. The construction cost
for these four sites, including water meters, is approximately $100,000. The District will
still be responsible for installing the mitigation landscaping on the north side of Bollinger
NAPESURCbradley\DERWA White Paper.doc
Board of Directors
Page 2
November 10, 2005
Canyon and both sides of Norris Canyon, sites that are not in common with DERWA.
The construction cost for these three sites is $185,000 (including water services).
The City of San Ramon recently approached the District with a proposal to landscape
the south side of Pine Valley. The City will pay for all design and construction costs for
this site, if it is incorporated into the project. EBRPD and the City will assume
ownership and responsibility for the maintenance of the landscaping and all related
costs, including the costs of water and recycled water.
Staff proposes to memorialize the understandings reached with DERWA and the City of
San Ramon with respect to design and construction costs through a Joint Powers
Agreement. The discussions with respect to future maintenance and related costs will
be captured through a landscape license that will be issued by the CCCPW.
Staff will make a detailed presentation on this issue at the November 17 Board Meeting.
TJ P /jf
Attachment
NAPESURCbradleyTERWA White Paper.doc
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SAN RAMON FORCE MAIN
LANDSCAPE MITIGATION SITES
Agenda Item 6.a.3
BOARD REPORT
SAN RAMON FORCE MAIN
LANDSCAPE MITIGATION PROJECT
DISTRICT PROJECT 59,24
NOVEMBER 17,2005
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N: \PESUP \PILECKI\2005 \Bd. Presentation 11 -17 -05 Text.doc
Central Contra Costa Sanitary District
4kc BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: November 17, 2005 No.: 7,a. ENGINEERING
Type of Action: Authorize Agreement
subject: Authorize the General Manager to Execute a 10 -Year Recycled Water Supply
Agreement with Buchanan Fields Golf Course that Includes a $30,000 Credit for Salt
Mitigation Measures
Submitted By: Initiating Dept. /Div.:
Don Berger, Associate Engineer Engineering /Environmental Services
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
� i; , V,4 . 0) /, 24r
D. Berger R. Schmidt . Swanson A. Farrell Oar 4e
General
ISSUE: Recycled water rates are established by District ordinance. Providing a rate
reduction (credit) requires authorization by the Board of Directors.
RECOMMENDATION: Authorize the General Manager to execute a 10 -Year Recycled
Water Supply Agreement with Buchanan Fields Golf Course that includes a credit of
$30,000 for salt mitigation measures.
FINANCIAL IMPACTS: Authorizing a new recycled water agreement with Buchanan
Fields Golf Course would provide the District almost $600,000 in estimated revenue
over the next 10 years. This would be offset by the District's contribution of $30,000 for
equipment to reduce salt build -up at the golf course, which would be provided in the
form a credit on their recycled water bill. This amount would be paid off over a period of
about three to four months during a typical irrigation season.
ALTERNATIVES /CONSIDERATIONS:
1. Authorize the General Manager to execute a new agreement with Buchanan
Fields Golf Course that includes a $30,000 credit on their water bill to help pay
for special equipment to flush salts from soils.
2. Do not authorize execution of a new agreement and allow the existing recycled
water supply agreement to expire on October 11, 2006. At that time, the golf
course could elect to switch to another water source and the District would lose a
significant revenue stream that has helped maintain the viability of the District's
recycled water program. The loss of Buchanan as a customer would also hinder
the District's efforts in complying with the Regional Water Quality Control Board
objective of increasing recycled water use.
Page 1 of 2
N: \ENVRSEC \Position Papers \Berger\l0 -Year Recycled Water Agreement Buchanan Fields Golf Course.doc
POSITION PAPER
Board Meeting Date: November 17, 2005
subject Authorize the General Manager to Execute a 10 -Year Recycled Water Supply
Agreement with Buchanan Fields Golf Course that Includes a $30,000 Credit for Salt
Mitigation Measures
BACKGROUND: On October 11, 1996, the District entered into a 10 -year agreement
with the Buchanan Fields Golf Course to supply recycled water for turf irrigation.
Buchanan Fields is one of the District's largest recycled water customers and purchases
almost 40 million gallons per year of recycled water, which provides about $50,000 per
year in revenue to the District. As the District's first large irrigation customer, the golf
course has provided an opportunity to showcase the successful application of recycled
water to potential customers as the District has developed its recycled water program.
Over the last several years, Buchanan Fields has experienced problems with salt build-
up in the soils from recycled water that has caused damage to putting greens, tees, and
other salt sensitive areas of the course. The golf course has asked the District to
contribute $30,000 for special equipment to flush the salts from the soils. The golf
course would pay for the installation costs ($30,000) and annual operating expenses
($20,000 /year). Staff has evaluated the request for reimbursement and believes the
costs are justified and that it would be in the District's best interest to participate
financially in resolving the problem. Staff would conduct a salt management study to
evaluate the effectiveness of the improvements. The results of this study could be
useful to the District in the future if additional golf courses are connected to recycled
water.
The Buchanan Fields Golf Course operates on land leased from Contra Costa County
and currently has 25 years remaining on a 40 -year lease. Staff believes the golf course
will remain a viable entity into the foreseeable future. The Board Recycled Water
Committee met on October 25, 2005, and endorsed staffs recommendation to
reimburse the golf course $30,000 to install improvements to help reduce salt - buildup
from recycled water in exchange for a ten year renewal of their user agreement. The
new agreement adds a provision that allows the District the option to terminate service if
it becomes impractical to continue providing recycled water.
RECOMMENDED BOARD ACTION: Authorize the General Manager to execute a 10-
year recycled water supply agreement with Buchanan Fields Golf Course that includes
a $30,000 credit for salt mitigation measures.
Page 2 of 2
N: \ENVRSEC \Position Papers \Berger \10 -Year Recycled Water Agreement Buchanan Fields Golf Course.doc
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: November 17, 2005 No.: 8.a. TREATMENT PLANT
Type of Action: AUTHORIZE CONTRACT EXTENSION
Subject: AUTHORIZE EXTENSION OF A COGENERATION SYSTEM
MAINTENANCE CONTRACT TO SOLAR TURBINES FOR $178,046
PER YEAR FOR A TERM OF FIVE YEARS
Submitted By: Craig Mizutani Initiating Dept /Div.:
Associate Engineer Operations / Plant Operations
REVIEWEP AAfD RECOMMENDED FOR BOARD ACTION:
C izutani Jr . Craig J. ly M raves Wh arles
General
ISSUE: Board authorization is requested to authorize the General Manager to extend a
maintenance contract with Solar Turbines for a term of five years.
RECOMMENDATION: Authorize the General Manager to extend the maintenance
agreement with Solar Turbines for a period of five years at an initial cost of $178,046
per year and an adjustment for inflation in each of the subsequent years.
FINANCIAL IMPACTS: The five -year value of the contract is approximately $950,000.
ALTERNATIVES /CONSIDERATIONS: Use Solar Turbines on an as- needed basis. By
not having a maintenance agreement, the District would not have a reliability guarantee
to ensure 95 percent uptime. Furthermore, emergency service response time would be
increased. In the event of a catastrophic failure (outside of the normal warranty period),
the District would be responsible for turbine repair and replacement costs.
BACKGROUND: The installation of the cogeneration system for the treatment plant
was completed mid -1995 and commissioned for full -time operation in November 1995.
The cogeneration system provides between 85 and 90 percent of the treatment plant's
electrical energy and 30 percent of the steam needed for the treatment plant aeration
process. By utilizing natural gas (NG) to produce both electrical power and steam, the
District has saved between $500,000 and $1 million per year over the cost of utility -
provided power. Projected savings for the next calendar year may be less than
$500,000 due to the escalation of natural gas prices. However, staff anticipates that
the operation of the cogeneration system will still provide a savings over utility - provided
power. For eight of the past ten years, the cogeneration system has exceeded the on-
line availability goal of 95 percent, due in part to the comprehensive maintenance
N: \POSUP \Correspondence \Position Papers \2005 \Solar Turbines.PP.doc Page 1 Of 2
POSITION PAPER
Board Meeting Date: November 17, 2005
Subject. AUTHORIZE AWARD OF A COGENERATION PACKAGE
MAINTENANCE CONTRACT TO SOLAR TURBINES FOR $178,046
PER YEAR FOR A TERM OF FIVE YEARS
program with Solar Turbines. A maintenance agreement with the manufacturer was
included in the original evaluated bid for the turbine generator equipment when it was
purchased in 1994. The District contracted with Solar Turbines, the manufacturer, to
supply our turbine and provide five years of maintenance until December 2000. At that
time, the contract was extended another five years, and it is currently up for renewal at
the end of November 2005.
The maintenance agreement covers the entire power - generating package for all non -
obsolete parts and labor and any emergency service calls. The agreement also
contains provisions for end -of- contract replacement of the combustion turbine, a value
of $250,000, plus a yearly payment for performance bonus or penalty. Solar Turbines
has earned a performance bonus in all but two years during the past ten years because
the turbine has exceeded the specified uptime. During that time, Solar Turbines has
had to replace a total of six turbines at no cost to the District.
The District has negotiated an extension of the original agreement with Solar Turbines
for an additional five years. The changes from the original contract include a five -year
extension of the term of the contract, assigning an annual minimum and maximum
escalation rate of 2 percent and 4 percent respectively, and terms for replacing
obsolete systems. District staff recommends the agreement be extended with Solar
Turbines because of their excellent past performance, and it is in the best interest of
the District, since no other source can provide the current level of factory support that
Solar Turbines has provided. The cost for the renewed agreement is $14,837.19 per
month, or a total of $178,046 per year for 2006.
RECOMMENDED BOARD ACTION: Extend the maintenance contract with Solar
Turbines for a period of five years at an initial cost of $178,046 per year and an
adjustment for inflation in each of the subsequent years.
NAPOSUP\Correspondence \Position Papers \2005 \Solar Turbines.PP.doc Page 2 Of 2
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: November 17, 2005 No.: 10.a. BUDGET AND FINANCE
Type of Action: APPROVE INCREASE IN CAPITALIZATION LIMIT
subject: APPROVE AN INCREASE TO THE DISTRICT'S ASSET CAPITALIZATION
LIMIT AND RAISE THE GENERAL MANAGER'S AUTHORITY LIMIT FOR THE
EQUIPMENT BUDGET CONTINGENCY FUND
Submitted By: Initiating Dept /Div.:
Debbie Ratcliff, Controller Administrative /Finance & Accounting
REVIEWED AND RECOMMENDED FOR BOARD ACTION.,
D. Ra raves
General
ISSUE: Board approval is required to increase the District's asset capitalization limit
and the General Manager's authority limit for the Equipment Budget Contingency Fund.
RECOMMENDATION: Increase the District's asset capitalization limit from $1,000 to
$5,000 for all fixed assets and equipment purchases and increase the General
Manager's authority limit for the Equipment Budget Contingency Fund from $5,000 to
$10,000.
FINANCIAL IMPACTS: By increasing the capitalization limit to $5,000, the District's
O &M expenses would increase slightly, and capital expenditures would decrease
accordingly. There would be no financial impact by raising the General Manager's
authority limit.
ALTERNATIVES /CONSIDERATIONS: The Board could choose to not increase the
General Manager's authority limit and leave the asset capitalization at the current
amount of $1,000 or increase the limit to something higher, such as $10,000. Staff
reviewed the limits at neighboring agencies and found that the majority had limits set at
$5,000.
BACKGROUND: The District's asset capitalization limit has been $1,000 for many
years. In the Government Finance Officers Association recommended practice,
Establishing Appropriate Capitalization Thresholds for Capital Assets," it recommends
a minimum capitalization threshold of $5,000. It further indicates that the capitalization
of numerous small items can have a deleterious effect by overburdening the overall
capital asset management system. There are other means to insure control over the
District's lower -cost assets. Staff would continue to track items such as PC's, laptops
and digital cameras.
N:\ ADMINSUP\ADMIN \POSPAPER\Approve Increase in capitalization Limit 11- 17- 05.doc Page 1 of 2
POSITION PAPER
Board Meeting Date: November 17, 2005
subject. APPROVE AN INCREASE TO THE DISTRICT'S ASSET CAPITALIZATION
LIMIT AND RAISE THE GENERAL MANAGER'S AUTHORITY LIMIT FOR THE
EQUIPMENT BUDGET CONTINGENCY FUND
The suggestion to increase the District's asset capitalization limit was brought to the
attention of staff by the external auditor. This suggestion was discussed with the Board
Budget and Finance Committee as well as the full Board during the audit presentation
by A.J. Majors from the firm of Vavrinek, Trine, Day, and Co.
RECOMMENDED BOARD ACTION: Increase the District's asset capitalization limit
from $1,000 to $5,000 for all fixed assets and equipment purchases and increase the
General Manager's authority limit for the Equipment Budget Contingency Fund from
$5,000 to $10,000.
Page 2 of 2
N:\ ADMINSUP\ADMIN \POSPAPER\Approve Increase in Capitalization Limit 11- 17- 05.doc
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: November 17, 2005 No.: 10.b. BUDGET AND FINANCE
Type of Action: APPROVE REVISED INVESTMENT POLICY
Subject: REVIEW AND APPROVE THE REVISED STATEMENT OF INVESTMENT
POLICY
Submitted By:
Debbie Ratcliff, Controller
Initiating Dept. /Div.:
Administrative /Finance & Accounting
REVIEWED AND RECOMMENDED FOR BOARD ACTION.
D. Rate V F,4,'Mug#aves
General Ma
ISSUE: Any changes to the District's investment policy must be reviewed and
approved by the Board of Directors.
RECOMMENDATION: Review the suggested changes, and if appropriate, approve the
District's revised investment policy.
FINANCIAL IMPACTS: None
ALTERNATIVES /CONSIDERATIONS: The Board of Directors could choose not to
make the suggested changes.
BACKGROUND: The firm of Vavrinek, Trine, Day, & Co., completed its audit of the
District's financial statements for fiscal year 2004 -2005. This is the fiscal year in which
a performance evaluation is completed by the auditors on the District's investments to
determine whether the investment objective of achieving a market average rate of
return is being realized. The District's investment policy requires this review every four
years.
The auditors suggested that the investment performance be reviewed annually as
opposed to every four years. Also, they suggested adding clarifying language as to the
calculation of market average rate of return to ensure consistency year after year. The
attached revision includes these changes.
RECOMMENDED BOARD ACTION: Review the suggested changes, and if
appropriate, approve the District's revised investment policy.
N :\ADMINSUPWDMIN \POSPAPERWpprove Revised Investment Policy 11- 17- 05.doc Page 1 of
Attachment
CENTRAL CONTRA COSTA SANITARY DISTRICT
STATEMENT OF INVESTMENT POLICY
The investment policy of the Central Contra Costa Sanitary District is embodied in the
following eleven sections:
Statement of Objectives
The temporary investment portfolio of the District will be managed to ensure
that normal cash needs, as well as scheduled extraordinary cash needs can
be met. Therefore, adequate liquidity will be the first priority. Second priority
will be the safety of the portfolio ensuring that the investments could be
readily converted to cash if needed without causing a material change in the
value of the portfolio. Lastly, the portfolio will be invested to attain a market
average rate of return, after meeting the first two previously stated objectives.
II. Permissible Investments
Within the constraints prescribed by the Government Code of the State of
California for permissible investments, the District's investment portfolio will
only be invested in the following instruments:
• United States Treasury Bills and Notes, and obligations of government
agencies for which the full faith and credit of the United States are
pledged.
• Bankers Acceptances, drawn on and accepted by a commercial bank,
which are eligible for purchase by the Federal Reserve System.
• Collateralized Certificates of Deposit issued by a Federal or State
chartered bank or a Federal or State chartered savings and loan
association.
• Commercial Paper of prime quality limited to corporations with assets over
$500,000,000.
• Local Agency Investment Fund of the State of California.
III. Bank 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 described in this investment policy. The
County Treasurer's Office will execute the District's investments through such
N: \ADMINSUP\ADMIN \POSPAPER\Approve Revised Investment Policy 11- 17- 05.doc Page 2 of 4
brokers, dealers and financial institutions as are approved by the County
Treasurer, and through the State Treasurer's Office for investment in the
Local Agency Investment Fund.
IV. Maturities
The maximum maturity for investments of the District is one year. Prior
approval of the Board of Directors must be obtained to acquire investments
with maturities beyond one year. However, investments in Treasury Notes
and the Local Agency Investment Fund would not be subject to the one year
maximum maturity.
V. Diversification
To minimize the risk of loss through default, the total amount invested in a
single issuer will not be greater than 15 percent of the District's investment
portfolio value, except that the 15 percent limitation will not apply to United
States Treasury Bills and Notes and investment 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 limitation on
the total investment in a single issuer.
VII. Delegation and Authority
The District Controller will be responsible for investment transactions which
should be made in accordance with this investment policy and within the
internal controls described in Section IX.
VIII. Prudence
Prudent judgement must be exercised by the District Controller responsible
for investment transactions undertaken in accordance with this investment
policy.
N: \ADMINSUP\ADMIN \POSPAPER\Approve Revised Investment Policy 11- 17- 05.doc Page 3 of 4
IX. Controls
The District Controller 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 Director of Administration for all transactions which
are initiated by the Controller. The dollar limit of the Director of
Administration will be $5 million. Investment transactions which exceed $5
million will require the additional approval of the General Manager. Such
internal controls are to be reviewed by the District's independent auditors
annually.
X. Reporting
The District Controller will annually render a statement of investment policy to
the Board of Directors. The Controller will submit a monthly report to the
District's General Manager, Board of Directors and internal auditor showing
the type of investment, issuer, date of maturity, par (or face), dollar amount
invested, current market value of all securities, and the source of this same
valuation, and a statement of compliance of the portfolio with the investment
policy.
XI. Performance Evaluation
A performance evaluation will be completed by the District's independent
auditors every feuF yeafs year, commencing with the 1984 1985 2004 -2005
fiscal year, to determine whether the investment objective of achieving a
market - average rate of return is being realized. In determining the market -
average rate of return, the average return of three month U.S. Treasury Bills
will be used as a comparison. The weighted average of the portfolio will be
calculated each month and compiled to determine the annual yield. Results
of the comparison between the District's portfolio and the three month T -Bill
benchmark will be reported to the Board annually.
Page 4 of 4
N:\ ADMINSUP\ADMIN \POSPAPER\Approve Investment Policy 09- 15- 05.doc