Loading...
HomeMy WebLinkAbout03. Update on Martinez EasementsCentral Contra Costa Sanitary District October 22, 2014 TO: ENGINEERING AND OPERATIONS COMMITTEE VIA: JEAN -MARC PETIT, DIRECTOR OF ENGINEERING �, FROM: DANEA GEMMELL, ENVIRONMENTAL SERVICES DIVISION MANAGER Jn ?� SUBJECT: UPDATE ON MARTINEZ EASEMENTS This memo serves to update the Engineering and Operations Committee about easement acquisition for District Project 8415 Martinez 4. The District annexed the portion of the sewer system owned by the City of Martinez on September 13, 1967. The Agreement approved by both agencies provided that "in the event that it later appears the City did not possess all such necessary easements, the same will be acquired by District at the cost of the said City and thereafter retained by District without cost to said District." In 1994, a Joint Resolution was passed by both agencies (Attached) that acknowledged that there were certain easements which the City of Martinez did not possess when the sewer system was transferred and that the District needed them to operate and maintain these areas. A program was developed provided for both agencies to participate and acquire the outstanding easements within seven years. Staff has commenced the right of way phase for the Martinez 4 project which will rehabilitate approximately 8700 linear feet of pipe; of which 2900 feet is within street right of way and 5800 feet is on private property which should be in easements. After researching the properties, staff has determined that there are 45 acquisition sites, the majority of which are on lots on Gilger Avenue. The sewer for this neighborhood is located at the rear of the properties within the five -foot setback area. As these lots are all very small at roughly 3600 square feet, there are many encroachments on top of pipe including a second living unit, sheds and trees. Lisa Hiddleson, Provisional Senior Right of Way Agent, and I met with Tim Tucker, City Engineer for Martinez, on October 3, 2014 to discuss the acquisition status for District Project 8415. Mr. Tucker has been trying to contact property owners and secure additional rights on behalf of the District. The process has been slow due to the City's limited staff. At the meeting, he requested that the District take the lead in acquiring the easements so that project would not be further delayed. Additionally, he stated that the City considers the prescriptive rights as sufficient to maintain these sewer lines and that there was no funding available to reimburse the District. Mr. Tucker noted that the Agreement was agreed upon almost fifty years ago, during a time when funding was N: \ENVRSRV\Board Committees \Engineering & Operations\2014 \Update on Martinez Easements 10- 22- 14.docx E & O Committee Update on Martinez Easements Page 2 of 2 more plentiful for cities. Staff is seeking direction from the Committee on how to proceed on the easement acquisition within Martinez and will be prepared to discuss options. DSG:sdh Attached Supporting Document., 1. Resolution 1994 -020 2. Agreement between CCCSD and City of Martinez N: \ENVRSRV\Board Committees \Engineering & Operations\2014 \Update on Martinez Easements 10- 22- 14.docx ATTACHMENT 1 RESOLUTION NO. 1 -94 CCCSD RESOLUTION NO. 94 -020 JOINT RESOLUTION BY THE CENTRAL CONTRA COSTA SANITARY DISTRICT AND THE CITY MARTINEZ SUPPORTING THE ACQUISITION OF EASEMENTS IN THE CITY OF MARTINEZ WHEREAS, the Central Contra Costa Sanitary District (District) and the City of Martinez (City) entered into an agreement on September 13, 1967; and WHEREAS, in one of the conditions of the agreement the City warrants that sufficient easements necessary to operate and maintain the entire Martinez Sewer system will be transferred by the City and, in the event that it later appears, the City did not possess all such necessary easements, the same will be acquired by District but at the cost of the said City and thereafter retained by District without cost to said District; and WHEREAS, there are certain easements which the City did not possess when the sewer system was transferred; and WHEREAS, these easements are needed by the District to adequately operate and maintain the portion of the existing sewer system which is located within these easement areas; and WHEREAS, a program has been developed to acquire these easements within seven years; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Martinez and the Board of Directors of the District support the easement acquisition program, commit personnel to participate in the acquisition of easements and will mutually cooperate towards the successful completion of the program. I HEREBY CERTIFY that the foregoing is a true and correct copy of a resolution duly adopted by the City Council of the City of Martinez at a regular meeting of said Council held on the 10th day of January, 1994, by the following vote: AYES: Councilmembers Burt, Vice Mayor Farley and Mayor Menesini NOES: None ABSENT: Councilmembers Frazer and Woodburn GUS S. KRAME City Clerk By: im Caroompas Deputy City Clerk PASSED AND ADOPTED by the Central Contra Costa Sanitary District Board of Directors on the 3rd day of March 1994, by the following vote: AYES: MEMBERS: Clausen, Dalton, Hockett, Menesini, Rainey NOES: MEMBERS: None ABSENT: MEMBERS: None R Pfesident of "the I)fstrict- /Board of Central Contra Costa Sanitary Distric , County of Contra Costa, State of Cali ornia COUNTERSIGNED: Se4reltlry of the Cen ral Contra Costa Sa i a y District, CountYl of Contra Costa State of California APPROVED AS TO FORM: J Kenton L. Alm, District Counsel MR:mc /EASE.RES ATTACHMENT AGREEMENT RELATING TO THE CITY OF NAi!TINEZ ANNEXATION TO THE CENTRAL CD'1TRA UOSTA' SANITARY DISTRICT THIS AGREEMENT, made and entered into this I301 day of Peptember 1967, by and between the City of Martinez, a municipal corporation, hnrein- artar refarred to as City, and the Central Contra Costa Sanitary District, a public corporation, hereinafter referred to as District, both located within the County df Contra Costa, State of California. WITNESSETH WHEREAS, a portion of the City is located within the Central Contra Costa Sanitary District, another portion of said City is located within the Mountain View Sanitary District, another portion, although not located within either district, is served by the Mountain View Sanitary District and the remainder of the said City is operating its own sewage collection, distribu- tion and discharge system, which said system and the treatment plant and out - fall facilities related thereto are inadequate and require substantial improve - manta with the necessary capital investments related thereto, all of which do not appear to be financially feasible for the said City of Martinez. And, WHEREAS, pursuant to the District Reorganization Act of 1965, pre- liminary diacusaiona have been held between the City and the District, regard- ing the terms and conditions under which it would be in the public interest Lhat the portion of the City now served by the City owned and operated sewage r.ollaution, ,distribution and treatment system be annexed to tha Central Contra Costa Sanitary District. WHEREAS, it is anticipated that population density of the City of Giartinez and surrounding areas may rapidly increase because of the pos3ibility of a continuing influx of population into this section of Contra Costa County which has been recognized in a determination by the Regional Wator Pollution Control Board that the City's sewage treatment plant and out - fall facilities are not adequate to most appropriate standards and require - manta. And, ' ' WHEREAS, the City has made various surveys to review and explore all facets of the sewage disposal problems confronting said City and has considered alternate plans to solve said problems, all of which require large expenditures of funds for capital improvements. And, WHEREAS, the City has determined that the most practical solution is to annex that area of the City of Martinez not being served by the Mountain View Sanitary District to the Central Contra Costa Sanitary District, part- icularly because of the fact, among others, that the area contemplated to be annexed to the latter District is an inhabited area contiguous to land already within the boundary of said District. And, WHEREAS, the parties have mutually considered the land eras and use involved, directly and indirectly, the per capita assessed valuation, topography, boundaries, drainage, the proximity of other populated areas, and the continued likelihood of significant growth in the area and in adjacent incorporated and unincorporated areas. The parties have further considered the need for a broad based organization and centrally administered sanitary and sewage disposal and treatment facility, as Well as the advantages inherent in coordination through one agency, and the coat necessary to provide such added facilities as are now required and Will be needed in the immediate future. The parties have likswiss taken into consideration the capital expenditures required for the -2- l necessary improvements to the existing City's sewerage system as well as the capital expenditures required to connect the City's collection and dis- tribution system to the outfall facilities of the District, and have consider- ed the savings in operating costs which will be affected through central ad- ministrative control and operation, which will also result in an improvement of service and an economically feasible method of providing for future expan- sion of the r- ity as well as in the areas adjacent thereto. NOW, THEREFORE, IN CONSIDERATION OF THE RECITATIONS HERETOFORE MADE AND THE MUTUAL AGREEMENTS, COVENANTS, AND CONDITIONS HEREINAFTER SET FORTH, THE CITY AND DISTRICT HEREBY MUTUALLY AGREE, AS FOLLOWS: 1. After s thorough analysis of all of the problems involved, it is the joint conclusion of the City and the District that the most practical and economically feasible method of providing adequate sewer service to the areas affected is the proposed annexation referred to in this agreement and the parties therefore agree that said annexation shall be affected under the terms and conditions hereinafter set forth. 2. The City and the District have jointly received approval of the United States Government for a grant of funds to assist in providing for the capital expenditures necessary to connect the City's existing collection and distribution system to the collection and disposal facilities of the District. In the event that said grant be not obtained, the proposed annex- ation is declared by both parties to be not economically feasible and this contract shall thereupon be terminated. It is further recognized that the maximum funds to be provided by the District in accordance. with Paragraph 5 of this Agroement, when.added to the amount required from the United States -3- Government as set forth in this Paragraph 2, will not be adequate to pay for the total project coats and, therefore, that additional financing will be required through bond proceedings within the area to be annexed by virtue of the terms of this agreement. Such financing may be through 1913 Act pro- ceedings conducted by the District and issuance of 1915 Act Bonds may be employed, or such other bonding procedures as may be determined by the District to-be feasible, will be utilized. 5. All properties which obtain sewer service through the exist- ing City system and the system connection to the District plant shall annex to District as a condition of service. All properties which obtain service through the system tributary to the present City plant and system shall annex to the City as a condition of service except where prohibited by law. All properties benefited by the connecting facility shall be encouraged by both District and City to annex to both District and City at the earliest possible data, and all such proposed annexations shall be jointly reviewed before final action of either agency. City will take appropriate steps to annex to the District all properties hereinafter and presently part of the City which are not at the time of this annexation to the City within the boundaries of the District. 4. Upon annexation of the City to the District, the District Sewer - ing Code and the Standard specifications of the District, including the engineering design standards, will govern the operation of the system. City will adopt and rigidly enforce all necessary supplementary ordinances, pro- visions, and regulations affecting the discharge of storm waters, ground waters, roof drainage and industrial wastes into any sanitary sewer within the City to conform to the District Code, the Standard Specifications of the District and the District's Engineering Standards, except that existing in- dustrial users connected to and using the City sewer system under conditions -4- presently established by the City, whether or not these conditions are in strict compliance with District requirements, may be permitted to continue service under such conditions. q�9 '4►l%4M�IdyMYdJydYd�l!ld�ltMd ltiydddYdd /dddd /dddYYlddd /dddYi. 5. Design criteria for the connection of the City system to the treatment facilities of the District shall be prepared by the District, and the District shall prepare the plans and specifications, lot the contracts, and supervise the construction. To supplement the funds obtained in accord- ance with Paragraph 2 of the Agreement, District will provide funds up to but not exceeding Seven Hundred Thirty Two Thousand Dollars (5732,000.00) toward the cost of the connecting facility. District will begin final design upon annexation of City to District. The connecting line and pump installations shall be regarded as a watershed trunk sewer under existing policies of'the District. A standard watershed trunk charge or charges shall be established by the District, in accordance with the provisions of Paragraph B of this Agreement, for the use of the connecting facility for properties and buildings which are not connected to the Martinez sewer system at the time of the execution of this Agreement. 6. All of the City within the Central Contra Costa Sanitary District after the completion of the proposed annexation proceedings, and upon adjustment of the County Tax Roll, will be subject to the bond redemp- tion tax rate of the District and thereupon the District agrees to provide funds to the City as the same may be required, to liquidate its bonded indebt- adnass for sower facilities in accordance with Exhibit bi! t_A"s attached hereto, -5- and by reference incorporated heroin, which said payments, together with the other agreements of District herein shall be the full consideration for the transfer by City to District of its existing plant, including approximately four acres of land upon which the same is located as generally outlined on the sketch attached to this agreement as Exhibit _B" and by reference incorporated heroin. All public sewers, including outfall, and related land easements and all other sower facilities shall be transferred from City to District by formal appropriate documents upon the completion of the annex- ation herein comtemplated. City Warrants that among the facilities to be transferred will be sufficient easements necessary to operate and maintain the entire `sower system baing transferred by this agreement and, in the event that it laiar appears the City did not possess all such necessary easements, the some will be acquired by District but at the cost of the said City and thereafter retained by District without cost to said District. All costs which are a part of, or;'iniidsntal to, the acquisition of said easements shall be paid by City to the Di#rict within thirty (30) days of demand being made therefor. 7. All of the City within the Central Contra Costa Sanitary District after the completion of the proposed annexation proceedings and upon adjustment of the County Tax Roll, will be subject to the Running Expense tax rate of the District. The District will purchase, at fair market value, sanitary sower maintenance equipment which will become excess as a result of this annex- ation at the time of the completion of the annexation proceedings provided the memo is usable and needed by the District. District will extend its mapping program to cover the entire City and make such maps available for other City purposes. funds derived from District charges are placed in appropriate -6- District accounts, and same of these funds are segregated for specific local sewar problems. After annexation, general District policies in this regard will likewise apply to the annexed portion of the City of Martinez. upon annexation and adjustment of the County Tax Roll, the cost of collecting and accounting of District charges will be barns by the District in accordance with standard District policies. S. Upon annexation and adjustment of the County Tax Roll. the sx- isting City sower service charge for single family residential units will be discontinued in accordance with current standard District policy, and all other sower service charges, together with optional methods of payment, will be applied in accordance with the District Cods. Any future changes in this procedure will be in accordance with standard regulations applicable-through- out the entire District. 9. The City has represented to District that the existing City sewer system is generally adequate to serve the present population. However, w it may later be ascertained by District that there are some construction in- adequacies, and it is anticipated that future growth within the City may re- quire expansion of existing facilities. The correction of deficiencies and the procedure for providing expansion of existing facilities will be in accord- ance with standard District policies applicable throughout the entire District. The District has a comprehensive program for the provision of sewers to its entire service area. All sswering will be under the sole control of the District but the City will cooperate by adopting the encroachment standards of Contra Costa County. provided. however, that uhere District sewers are located within City rights of way and it becomes necessary to relocate the same because of a City program changing the streets or other City uses of the -7- rights of way, District sewers will be relocated at the expense of City and not at the expense of District. District will cooperate with City and, when practical, arrangs to have new sewers installed in advance of City street im- provements. 10. The plant, works, and system, including all public sewers within the City and the existing sewage treatment plant, with their contain- ing easements or rights of way, to be used in the. furnishing of service here- under, will be transferred to and owned by the District and will be operated under its sole management and control. The District will have the authority to institute all severing programs within the City using District Code pro- cedures or local improvement districts for the work. 11. City will collect for the account of the District sower ser- vice charges at the present rate and taxes for City Sower Bond redemption until the County Tax Roll can be adjusted and District tax rates applied to the area annexed. City will continue to provide proper arrangements to handle sewer stoppage, overflows, and backing up of sewage within the City - maintained system, until the District can assume operation.' The District will not assume responsibility for damages or claims or demands for damages arising therefrom, or from any other cause including injuries to persona or property in any area served by City - maintained facilities, and the City will indemnify and save harmless District of and from any such claims, demands or damages during this transitional period! 12. A MOO or the area proposed to be annexed is attached to this Agreement, marked Exhibit "C" and incorporated herein by reference. 15. The portion agree that District shall be the conducting district pursuant to the District Reorganization Act and that as such will call a spae- ial election within the portion of the City to be annexed to determine whether or not said portions of the City shall be annexed to the District. The parties further agree that City shall be liable for all costs of annexation and any litigation arising therefrom, or from this agreement, including but not limited to election costs, engineering costs, attorney's fees, expert witness fees, and court costs. City shall reimburse District for said expenditures within thirty (30) days of any billing furnished to said City by the District. APPROVED BY CITY Of CITY OF MARTINEZ MARTINE2 RESOLUTION No. 140 - 1967 Series By l- ayor e Attested Depurj_.�-City Clark APPROVED BY CENTRAL CONTRA CENTRAL CONTRA COSTA SANITARY DISTRICT COSTA SANITARY DIST RESOLUTION NO. 8y he Attests • Secretary APPROVED BY MARTINEZ MUNICIPAL SEWER DISTRICT NO. 1 RESOLUTION N0. 8 - 1967 Series -9- MARTINET. MUNICIPAL SEWER nIS'tRICT NO. I By. AdA--* _ "Lu.� C President Attested MS ? _`� Deputy!; Ci.crk 1�