HomeMy WebLinkAboutRESOLUTIONS - 06052018 - 2018/136
TENTATIVE ANNUAL REPORT
FISCAL YEAR 2018-2019
CONTRA COSTA COUNTY SERVICE AREA M-28
(Willow Mobile Home Park Water District)
June 5, 2018
Board of Supervisors John Gioia, District 1
Candace Andersen, District 2
Diane Burgis, District 3
Karen Mitchoff, District 4
Federal Glover, District 5
Prepared by
Contra Costa County Public Works Department
CSA M-28 Willow Mobile Home Park Water District Tentative Annual Report
Fiscal Year 2018-19
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BACKGROUND INFORMATION
The Willow Mobile Home Park is located on Bethel Island and consists of 1 parcel (23 acres)
that includes 172 mobile homes. In order for safe water services to be provided, it was
recommended that a Community Service Area (CSA) be formed.
On December 10, 1991 the Contra Costa Board of Supervisors approved County Resolution
91/807 which formed CSA M-28 (Willow Mobile Home Park Water District). CSA M-28 was
formed pursuant to the County Service Area Law to ensure the proper flow of funds for the
ongoing operation, maintenance, and servicing of community water system services within the
Bethel Island Area.
CSA M-28 has been given the power to acquire, construct, operate, replace, maintain, and repair
a water supply and distribution system as authorized by California Government Code Section
25210.4(d) and 25120.4a(1). The funding for CSA M-28 comes from service charges which are
obtained from the users of the water system, in accordance with former Government Code
Section 25210.77a, Government Code Section 25210.9 and County Ordinance Section 1012-2.6.
CSA M-28 owns and operates a well and a reverse osmosis (RO) system. Water is pumped from
the well and is treated through a RO system. The treated water is stored in a 20,000 gallon tank.
From the tank, the water is supplied via a single point to the Willow Mobile Home Park.
In October 2014, a town hall meeting was held at the Willow Mobile Home Park to discuss the
future of CSA M-28. The main issue discussed was that the existing aging RO system was
becoming more expensive to maintain and in need of significant capital improvements. The cost
of maintaining this system exceeds the annual assessment funding available. Without a major
investment, it is anticipated that the RO system will fail eventually. Alternatives were
introduced (status quo, increase service charge to pay for the necessary improvements, connect
to Diablo Water District, and request State waiver for secondary standards). It appeared that the
majority of the residents at the meeting preferred CSA M-28 to move toward reduction in service
by requesting a waiver for secondary standards from the State. This alternative includes
removing the RO system and providing the minimum allowable water treatment.
By removing the RO treatment, the water would only meet the primary standards and would
meet most, but not all, of the secondary standards. CSA M-28 would seek a waiver from the
State for the secondary standards. Of all the alternatives presented at the town hall meeting,
reducing water treatment allows the rate to be the lowest. It will also allow each individual
mobile home to decide what type of treatment they prefer. Whereas, maintaining a more
expensive community treatment system, such as the RO, forces everyone to pay for the same
level of treatment.
Subsequent to the town hall meeting, on December 16, 2014, the Board of Supervisors
authorized a vote by the parcel owner. CSA M-28 requested the mobile home park owner, the
single rate payer to CSA M-28, to vote if he would be willing to pay for a higher rate to fix the
existing RO system or reject the rate increase and move toward reduced services. The mobile
home park owner informed the County that he took a survey of the mobile home park residents
CSA M-28 Willow Mobile Home Park Water District Tentative Annual Report
Fiscal Year 2018-19
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and his survey indicated the mobile home park residents wanted him to vote against the rate
increase. In early 2015, the mobile home park owner submitted his ballot and voted against a
rate increase. On March 3, 2015, the ballot was opened and the Board determined that there was
a majority protest against a rate increase and directed staff to seek a waiver from the State.
Based on the vote to reject the rate increase, CSA M-28 began the process to move toward
reducing the water treatment service. As required by the regulations to obtain the waiver for
secondary standards, CSA M-28 has contracted with a consultant to provide the necessary report.
In late 2015, when staff visited the CSA M-28’s facility to perform a site review and obtain test
samples, it was discovered that the RO system was not operating. The previous operator had
turned off the RO system without informing CSA M-28 staff. The site review revealed that the
water from the well was bypassing the RO system. However, the previous operator did install a
chlorination system. Although the water had not gone through the RO system, the water did
receive treatment. This revised system is similar to CSA M-28’s proposal to the State to replace
the RO system.
Despite the fact that the revised system is similar to what the CSA M-28 staff planned to present
to the State, the unilateral decision to make the changes and lack of communication by the
previous operator were not acceptable to CSA M-28. CSA M-28 staff directed test samples to be
taken by the consultant to make sure the water complied with the primary standards. It was
anticipated that the water would comply with primary standards because historically the raw
water from the well has complied. This is the reason why a reduced service was a viable option
being considered in 2014 when the County met with the residents. The consultant subsequently
reported that the water under the revised system complied with the primary standards. CSA M-
28 staff also replaced the operator. Lastly, CSA M-28 staff communicated with County
Environmental Health, the regulatory agency, of the discovery and the actions taken.
Changes at CSA M-28 have resulted in a new system operator and movement toward the same
goals as discussed at the town hall meeting:
1) Obtain waiver from regulatory agency,
2) Reduce the level of community water treatment, and
3) Allow each resident to establish the appropriate system at their own mobile home.
In Fiscal Year 2015-2016, CSA M-28 made improvements to the aging system and
infrastructure. Some of the improvements completed included the upgrade of the auto-dialer
alarm system, installation of a flow-based chlorine injection pump system, and installation of
new wiring to the well pump. In Fiscal Year 2016-2017, CSA M-28 also replaced the existing
well pump and upgraded its emergency response options by entering into an agreement with a
nearby water district and contract with a water delivery/hauling company, to supply water to the
Willow Mobile Home Park during emergency events.
In Fiscal Year 2016-2017 a draft study was completed per state requirement in order to obtain a
waiver. Some of the tasks completed in this study included; conducting additional water samples
CSA M-28 Willow Mobile Home Park Water District Tentative Annual Report
Fiscal Year 2018-19
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and analyzing additional alternatives. Future tasks will include compiling additional survey data,
meeting with the State constructing some capital improvements.
In Fiscal Year 2017-2018 task orders were issued to the consultant for the preparation of a design
memorandum, which documents the design philosophy for the proposed modifications, and
design plans and specification. CSA M-28 staff will also be scheduling a meeting in Fiscal Year
2018-2019 with residents, to discuss the proposed changes to the water treatment system.
A map of the general location of CSA M-28 is shown below:
CSA M-28 Willow Mobile Home Park Water District Tentative Annual Report
Fiscal Year 2018-19
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CURRENT ANNUAL ADMINISTRATION
Pursuant to County Ordinance Section 1012-2.6, former County Service Area Law (California
Government Code Section 25210.77a), and current County Service Area Law (California
Government Code Section 24210.3, subd. (d)), the Tentative Annual Report has been filed with
the Clerk of the Board of Supervisors, public notice has been given as required, and the Board
will conduct a Public Hearing and then make a determination on each estimated service charge in
the tentative report. Contra Costa Board of Supervisors will review the Tentative Annual Report
in accordance with Resolution No. 2018/136, on June 5, 2018, and conduct a Public Hearing in
connection with the proceedings for CSA M-28.
Upon adoption of the Final Annual Report by the Board of Supervisors, the charges contained
herein will be collected on the property tax roll of Contra Costa County in the same manner, by
the same persons, at the same time as, and together with the County's property taxes.
Legal Authority
As required by County Ordinance Section 1012-2.6, former County Service Area Law
(California Government Code Section 25210.77a), and current County Service Area Law
(California Government Code Section 24210.3, subd. (d)), the Tentative Annual Report includes
the following minimum information as shown in the Service Charge Roll:
1. A description of each parcel of real property receiving the miscellaneous extended
service;
2. The basic service charge;
3. The estimated amount of the service charge for each parcel for such year; and
4. A parcel list identifying each parcel receiving services that allows parcel owners to find
their property on the list and determine the proposed charge.
This annual report also includes an estimate of annual costs and the method of apportionment as
additional information to allow the reader to better understand what services are being paid for,
what is the total annual cost for the services provided, and how the cost of services is spread to
each individual parcel.
CSA M-28 Willow Mobile Home Park Water District Tentative Annual Report
Fiscal Year 2018-19
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ESTIMATE OF ANNUAL COST
The Fiscal Year 2017-18 projected and Fiscal Year 2018-19 proposed revenues and expenditures
for CSA M-28 are shown on the following page. A special fund has been set up for the
collection of revenues and expenditures for CSA M-28. The total cost of construction, operation,
and maintenance and servicing of the water system can be recovered from the collection of
charges. Incidental expenses including administration, engineering fees, legal fees, and all other
costs associated with the construction, operation and maintenance, and servicing of the water
system may also be included.
When CSA M-28 was formed, a financial analysis was performed to provide the framework for
an operating budget for the proposed operation, maintenance and servicing of extended
community water system services. Revenues collected from the charge shall be used only for the
expenditures represented in this report. Any balance remaining on July 1 at the end of the fiscal
year must be carried over to the next fiscal year.
In Fiscal Year 2018-2019, CSA M-28 plans to continue the efforts to obtain the waiver from the
State. Obtaining the waiver from the State is a significant effort that may include taking
additional water samples, analyzing additional alternatives, compiling additional survey data,
meeting with the State, etc. All the information gathered will be documented in an Engineer’s
Report and presented to the State. CSA M-28 also plans to purchase a spare booster pump and
upgrade the power controller box and breaker switches.
Some of the conditions from the State to obtain a waiver will require capital improvements to
CSA M-28 facilities. The cost of immediate capital improvements exceeds the proposed annual
service charges. The Annual Report proposes that these capital improvements to CSA M-28 be
funded by the County General Fund in Fiscal Year 2018-2019. This revenue was received in
Fiscal Year 2016-2017. The annual service charge from the single parcel owner would not be
sufficient to provide water services and complete all capital improvement efforts at CSA M-28.
CSA M-28 Willow Mobile Home Park Water District Tentative Annual Report
Fiscal Year 2018-19
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CSA M-28 Bethel Island Willow Park FY 2017-18 FY 2018-19
Fund 247300 Org 7473 Projected Proposed
Beginning Fund Balance $ 758,609.97 $ 735,380.79
Revenue:Taxes and Assessment 100,446.82 104,027.22 Transfers - Gov/Gov - TOTAL CURRENT REVENUE $ 100,446.82 $ 104,027.22
Total Revenue + Carryover: $ 859,056.79 $ 839,408.01
Expenditures:Postage and Communications 275.00 300.00 Utilities (Water & Electricity)5,500.00 10,000.00 Publications & Legal Notices 100.00 150.00 Memberships 160.00 165.00 Professional/Specialized Svcs (Non-County)80,000.00 200,000.00 Lab Services (Cerco Analytical)2,700.00 3,000.00 Chemicals & Parts 6,500.00 5,000.00 Tax & Assessment Fees 251.00 275.00 CCC Environmental Health Water Permit 1,740.00 1,800.00 County Counsel 1,000.00 3,000.00 DoIT Phone Exchange 450.00 500.00 Public Works Labor 25,000.00 60,000.00 Capital Project 555,218.01
Total Expenditures 123,676.00$ 839,408.01$
FUND BALANCE AVAILABLE $ 735,380.79 $ -
METHOD OF APPORTIONMENT
Special vs. General Benefit
On November 5, 1996 California voters approved Proposition 218 entitled "Right to Vote On
Taxes Act" which added Articles XIIIC and XIIID to the California Constitution. While its title
refers only to taxes, Proposition 218 establishes new procedural requirements for fees, charges
and benefit assessments.
Proposition 218 procedures stipulate that even if charges or benefit assessments are initially
exempt from Proposition 218, future increases in the charges or benefit assessments must
comply with the provisions of Proposition 218. However, if the future increase in the charge or
benefit assessment were anticipated in the charge or benefit assessment formula when approved
by property owners (e.g., consumer price index increases or a predetermined cap) then the
future increase in the charge or benefit assessment would be in compliance with the intent and
provisions of Proposition 218.
CSA M-28 Willow Mobile Home Park Water District Tentative Annual Report
Fiscal Year 2018-19
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Proposition 218 provides that “only special benefits are assessable” and defines a special benefit
as a particular and distinct benefit conferred on real property and not a general benefit received
by the public at large. Parcels located within the boundaries of the CSA will be assessed for the
operation, maintenance, and capital replacement associated with the water system serving the
Bethel Island community, as described herein within the report, if they receive a special and
direct benefit from the services. Furthermore, the identification and separation of general
benefits from the special benefits follows for CSA M-28.
Special benefits are conferred on property within the CSA from the water system by enhancing
the desirability of property within the CSA due to lower costs associated with the treatment of
drinking water, removing contaminates from the water being provided to the property, increases
in health and wellness, and an improved quality of life.
Properties outside of CSA M-28 are not served by the water system being operated and
maintained from assessment revenues, therefore property outside the boundary of the CSA do
not receive special benefits. The services within the CSA was specifically designed and created
to provide additional and improved public resources for the direct advantage of property inside
the CSA, and not the public at large.
In addition to the special and direct benefits the property owners receive within the CSA from
the water system, it has been determined that no general benefits are associated with the water
system provided within CSA M-28 because the conferred special benefits that are provided to the
assessed property are not provided to property outside of the CSA or the public at large.
The annual assessment pays for the operation of the water system provided within CSA M-28.
The enhanced water system provided to property within CSA M-28 confer a special benefit and
only serve those parcels within the boundary of the CSA. Without the services, the property
located in the unincorporated area would not have a localized water system to treat their water.
Therefore, the services in CSA M-28 are 100% special benefit to the parcels within the CSA.
Methodology
The total operation and maintenance costs for the extended public services are apportioned in
accordance with the methodology that is consistent with standard practices.
The maximum charge rate was previously set at $75,300 per parcel (1991 dollars). Since 1991
the Consumer Price Index (CPI) for the San Francisco Bay Area All Urban Consumers and the
costs to operate and maintain the improvements increased, however the charge rate remained
constant until Fiscal Year 2007-2008. In Fiscal Year 2007-2008 the charge rate was increased to
$79,818 per parcel with an allowance for an increase each subsequent year based upon the San
Francisco Bay Area – All Urban Consumers as of April 2007 (215.842).
Due to an aging system, the cost of operating and maintaining water facilities continues to
increase. It was proposed in Fiscal Year 2010-11 that the charge rate be increased to $95,500 per
parcel (8.5% increase). However, this increase was not supported by the property owner, and
therefore the 8.5% increase was not imposed.
CSA M-28 Willow Mobile Home Park Water District Tentative Annual Report
Fiscal Year 2018-19
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The cost of operating and maintaining water facilities continues to increase, due to an aging
system. A rate increase was proposed again in Fiscal Year 2014-15 that the charge rate be
increased from $91,937 to $335,939 per parcel. However, this increase was not supported by the
property owner, and therefore the increase was not imposed.
Rate
The February 2018 CPI Index is 281.308, therefore the maximum rate for Fiscal Year 2018-2019
can be increased 3.56% to $104,027.22 per parcel. CSA M-28 proposes to levy charges at the
maximum rate for Fiscal Year 2018-2019.
In Fiscal Year 2018-19, it is recommended based upon projected expenditures, that the
maximum rate of $104,027.22 per parcel be collected. The estimated $104,027.22 in revenue
will be needed to provide the services referenced above in Fiscal Year 2018-19. There is one
parcel that is included in the CSA. If the charge of $104,027.22 is divided by one (1) parcel, the
service charge per parcel is $104,027.22.
SERVICE CHARGE ROLL A list, which shows those parcels to be charged for Fiscal Year 2018-2019, including a
description of each parcel to be charged is shown below.
Parcel Proposed FY 2018-2019
Number Amount
029-020-004-7 $104,027.22