HomeMy WebLinkAbout03.b. Conduct biennial review of Board Policy Nos. BP 010 - Contractual Assessment Districts, BP 022 - Alhambra Valley Assessment Districts, and BP 033 - Conducting District Business on Personal Devices Page 1 of 7
Item 3.b.
CENTRAL SAN
March 3, 2020
TO: ADMINISTRATION COMMITTEE
FROM: KATIE YOUNG, SECRETARYOF THE DISTRICT
REVIEWED BY: ROGER S. BAILEY, GENERAL MANAGER
SUBJECT: CONDUCT BIENNIAL REVIEW OF BOARD POLICY NOS. BP 010 -
CONTRACTUAL ASSESSMENT DISTRICTS, BP 022 - ALHAMBRA VALLEY
ASSESSMENT DISTRICTS, AND BP 033 - CONDUCTING DISTRICT
BUSINESS ON PERSONAL DEVICES
Attached are copies of the above Board Policies, which are being presented to the Committee for biennial
review.
Staff has no recommended changes to any of these existing policies. If the Committee concurs, the
policies will remain as is and be reviewed again in two years. However, if the Committee recommends
changes, the policies will be brought to the full Board for consideration of any proposed revisions.
Strategic Plan Tie-In
GOAL TWO: Strive to Meet Regulatory Requirements
Strategy 3- Comply with all federal, state, and local regulations related to District administration
ATTACHMENTS:
1. BP 010 - Contractual Assessment Districts
2. BP 022 -Alhambra Valley Assessment District
3. BP 033 - Conducting District Business using Personal Accounts and Devices
March 3, 2020 Regular ADMIN Committee Meeting Agenda Packet- Page 24 of 47
Page 2 of 7
Number: BP 010
Authority: Board of Directors
Effective: January 7, 1999 ==-
Revised: February 1, 2001, September 5, 2002,
October 4, 2012, October 26, 2015, February 1, 2018 CENTRALSAN
Reviewed:
Initiating Dept./Div.: Engineering/Planning & CENTRALSAMORG
Development Services
BOARD POLICY
CONTRACTUAL ASSESSMENT DISTRICTS
PURPOSE
To encourage residential property owners to connect to the public sewer system. The
Contractual Assessment District (CAD) program provides financial assistance to small
groups of homeowners, often with inadequate septic tank systems, so that they may
extend the public sewer system to serve their properties. The CAD program is intended
for residential properties, primarily owner-occupied, and not commercial properties.
POLICY
This policy statement establishes the criteria for formation of CAD projects. Nothing in
this policy is intended to bind Central San to continue with the program for any
predetermined time period, nor does it create any right or entitlement in favor of
potential program participants. The Board may consider technical, economic, staffing,
budgetary, environmental and other factors in its consideration of whether to form a
CAD.
FUNDING
CAD proponents are required to hire an engineer and pay the initial engineering costs
for the design of the improvements. Upon approval of the CAD by the Board of
Directors, funding for construction and inspection of the sewer improvements and
reimbursement of reasonable initial engineering costs will be provided by Central San.
This money is repaid by participating property owners, either in a lump sum at the
completion of construction or in 10 annual installments. The annual installments include
a nominal interest rate, are secured by a lien on the property, and are collected on the
property tax bill. Subsequent participants who connect to the sewer main within 20
years repay their share of the CAD costs to the other participants at the time of
connection.
March 3, 2020 Regular ADMIN Committee Meeting Agenda Packet- Page 25 of 47
Page 3 of 7
Number: BP 010
CONTRACTUAL ASSESSMENT DISTRICT POLICY STATEMENT
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LEGAL
CADs are formed pursuant to Streets and Highways Code Section 5898, et seq. While
the State Legislature has found that CADs are voluntary, imposed pursuant to an
agreement and are not subject to Proposition 218, Central San will not proceed with a
CAD formation if a majority of ballots, weighted by the proposed assessment, are
submitted in protest of the project.
FORMATION CRITERIA
In order to be eligible for participation in Central San's CAD assessment financing
program, the proposed mainline sewer extension project must meet the following
criteria:
1. A minimum of five properties must be directly tributary to the proposed CAD
facilities.
2. A minimum of 60 percent of the properties directly tributary to the proposed CAD
facilities must have existing homes served by septic tank systems.
3. A participant parcel may not have more than two dwellings to participate in
a CAD.
March 3, 2020 Regular ADMIN Committee Meeting Agenda Packet- Page 26 of 47
Page 4 of 7
Number: BP 022
Authority: Board of Directors =-
Effective: November 5, 2015
Revised: February 1, 2018 CENTRALSAN
Reviewed:
Initiating Dept./Div.: Engineering/Planning & CE T ALSAMORG
Development Services
BOARD POLICY
ALHAMBRA VALLEY ASSESSMENT DISTRICTS
PURPOSE
To encourage residential property owners to connect to the public sewer system. The
Alhambra Valley Assessment District (AVAD) program provides financial assistance to
small groups of homeowners, often with inadequate septic tank systems, so that they
may extend the public sewer system to serve their properties. The AVAD program is
intended for residential properties, primarily owner-occupied, and not commercial
properties. While the AVAD program is similar to the Contractual Assessment District
(CAD) Program, it offers several additional incentives for property owners to connect to
public sewers tributary to the Alhambra Valley Trunk Sewer, thereby enabling Central
San to more quickly collect reimbursement for District funds that were used for the
planning, design, and 2008 construction of the trunk sewer.
POLICY
This policy establishes the criteria for formation of AVAD projects. Nothing in this policy
is intended to bind Central San to continue with the program for any predetermined time
period, nor does it create any right or entitlement in favor of potential program
participants. The Board may consider technical, economic, staffing, budgetary,
environmental and other factors in its consideration of whether to form an AVAD.
FUNDING
AVAD proponents are required to hire an engineer and pay the initial engineering costs
for the design of the improvements. Upon approval of the AVAD by the Board of
Directors, funding for construction and inspection of the sewer improvements and
reimbursement of reasonable initial engineering costs will be provided by Central San.
The initial participating property owners repay their share of this money, either in a lump
sum at the completion of construction or in 15 annual installments. The annual
installments include a nominal interest rate, are secured by a lien on the property, and
are collected on the property tax bill. Subsequent participants repay their share of the
AVAD costs to Central San when they connect to the sewer main.
March 3, 2020 Regular ADMIN Committee Meeting Agenda Packet- Page 27 of 47
Page 5 of 7
Number: BP 022
ALHAMBRA VALLEY ASSESSMENT DISTRICT POLICY STATEMENT
Page 2of2
LEGAL
AVADs are formed pursuant to Streets and Highways Code Section 5898, et seq.
While the State Legislature has found that AVADs are voluntary, imposed pursuant to
an agreement and are not subject to Proposition 218, Central San will not proceed with
a AVAD formation if a majority of ballots, weighted by the proposed assessment, are
submitted in protest of the project.
FORMATION CRITERIA
In order to be eligible for participation in Central San's AVAD financing program, the
proposed mainline sewer extension project must meet the following criteria:
• A minimum of three annexed properties must be directly tributary to a proposed
AVAD facility.
• A minimum of 60 percent of the properties directly tributary to a proposed AVAD
facility must already be developed.
• A participant parcel may not have more than two dwellings on it to participate in
an AVAD.
March 3, 2020 Regular ADMIN Committee Meeting Agenda Packet- Page 28 of 47
Page 6 of 7
Number: BP 033
Authority: Board of Directors
Effective: January 4, 2018 =- -
Revised:
Reviewed:
Initiating Dept./Div.: Secretary of the District's Office CENTRALSAN
BOARD POLICY
CONDUCTING DISTRICT BUSINESS USING PERSONAL ACCOUNTS AND
DEVICES
PURPOSE
To establish a policy to maintain compliance with the California Public Records Act.
POLICY
It is the policy of the Board of Directors to ensure that all writings determined to be
Public Records are open to inspection by any person at all times during regular
business hours, or copies are made available upon request, unless the writings are
made expressly exempt from inspection under provisions of law. (Gov. Code § 6253,
subds. (a) & (b).) "Public Records" includes any writing containing information relating to
the conduct of the public's business prepared, owned, used, or retained by the District
regardless of physical form or characteristics. (Gov. Code § 6252, subd. (e).) "Writing"
means any handwriting, typewriting, printing, photostating, photographing,
photocopying, transmitting by electronic mail or facsimile, and every other means of
recording upon any tangible thing any form of communication or representation,
including letters, words, pictures, sounds, or symbols, or combinations thereof, and any
record thereby created, regardless of the manner in which the record has been stored.
(Gov. Code § 6252, subd. (g).)
In addition to all writings physically retained by the District or stored on District
electronic storage systems, certain writings relating to District business retained by a
District employee or Board Member in their personal email or social media accounts,
and/or on personal devices such as cell phones, tablets, laptops and computers, may
also be considered Public Records subject to public review. Such records shall also be
made available to the public consistent with adherence to proper procedures under
prevailing law.
All District personnel including Board Members, regular employees, temporary
employees, co-ops, summer students and selected long-term contractors shall be
subject to this Policy and District procedures adopted to implement this Policy. The
Secretary of the District shall be the primarily responsible District officer for insuring
March 3, 2020 Regular ADMIN Committee Meeting Agenda Packet- Page 29 of 47
Page 7 of 7
Number: BP 033
CONDUCTING DISTRICT BUSINESS USING PERSONAL ACCOUNTS AND DEVICES
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compliance with public requests for Public Records and coordinating responses
required by the California Public Records Act.
District employees and officials are encouraged to avoid conducting District business
using personal mobile devices or on non-District accounts. Since keeping appropriate
records of all District business is always good practice, this is the best way to ensure
both that the District has access to Public Records and protection of employees' and
officials' privacy. However, the District recognizes that some District employees and
officials do not always carry a District mobile device and for effectively carrying out their
District functions may occasionally need to use their personally owned mobile device on
a non-District account. In that event, District employees and officials should endeavor
to: 1) avoid use of texts for District business, and 2) use a District email account for
District business. If a communication related to District business is received or
generated on a personal device or non-District account, it should be forwarded or
copied promptly to a District email account. District IT staff can assist individuals with
this process as needed.
This Policy recognizes that information must routinely be provided by staff to entities
and individuals with whom it conducts the business of the District, typically including
customers, vendors, consultants, contractors, developers, and other members of the
public. Nothing in this Policy is intended to restrict the free exchange of information
between District employees, officials and the public in the ordinary course of conducting
District business. This Policy is merely intended to address the obligation of public
agencies to make Public Records available upon request under the California Public
Records Act.
[Original retained by the Secretary of the District]
March 3, 2020 Regular ADMIN Committee Meeting Agenda Packet- Page 30 of 47