HomeMy WebLinkAboutMINUTES - 10151991 - H.1 TO: BOARD OF SUPERVISORS AS GOVERNING BOARD OF CONTRA COSTA COUNTY
SANITATION DISTRICT NO. 15
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: OCTOBER 15, 1991
SUBJECT: HEARING AT 11:00 A.M. - SANITATION DISTRICT NO. 15 MERGER WITH OAKLEY
SANITARY DISTRICT AND FORMATION OF COUNTY SERVICE AREAS M-26, M-27,
M-28, BETHEL ISLAND AREA
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION
I. Recommended Action:
1. ACCEPT attached report from the County Sanitation District No. 15 - Oakley Sanitary
District Merger Committee, and
2. ADOPT a resolution of application for Local Agency Formation Commission approval
of the annexation of County Sanitation District No. 15 Zone 4 to the Oakley Sanitary
District, and the formation of three county services areas to replace County Sanitation
District No. 15 Zones 1, 2, and 3 respectively.
II. Financial Impact:
The proposed action will reduce administrative costs for both County Sanitation District No.
15 and Oakley Sanitary District.
III. Reasons for Recommendations and Background:
On May 14, 1991, the Board directed the Public Works Director to study the desirability of
merging the two districts. A committee was established consisting of staff from both districts
and one representative from each of the three boards, i.e. Sanitation District No. 15 Advisory
Board, Oakley Sanitation District, and Oakley-Bethel Island Wastewater Management
Authority. The Committee's report is attached.
Continued on Attachment: X SIGNATURE: % � G2
_ RECOMMENDATION OF COUNTY ADMINISTRATOR
_ RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON October 15, 1991 APPROVED AS RECOMMENDED X OTHER y
The Board approved the above recommendations, adopted Resolution No. 91/671
as in Recommendation No. 2 above, and acknowledged receipt of the October 15,
1991 memorandum signed by Supervisors Torlakson and Powers requesting the estab-
lishment of three new County Service Areas to replace County Sanitation District
No. 15 Zones 1, 2 and 3 respectively.
VOTE OF SUPERVISORS
_ UNANIMOUS (ABSENT ? )
AYES: NOES:
ABSENT: ABSTAIN: I hereby certify that this Is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supervisors n e date shown.
MFK:ly ATTESTED: /� I f?",
c:60\15.t10 PHIL BATCHELOR,Clerk of the Board
Orig. Div: Public Works (Admin.) of Supervisors and County Administrator
cc: CAO /
County Auditor-Controller By Deputy
County Counsel
GMEDA Director
PWD -Accounting
PWD - Engineering Services
For County Board.
D R A F T
of October 9,1991
Resolution No. 91-
A RESOLUTION OF APPLICATION
BY THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO
TAKE PROCEEDINGS FOR THE COMBINING OF
OAKLEY SANITARY DISTRICT,
OAKLEY-BETHEL ISLAND WASTEWATER MANAGEMENT AUTHORITY,
COUNTY SANITATION DISTRICT NO. 15
WHEREAS, better and more economic sanitary sewer
and related services can be offered to the residents of the
Oakley Sanitary District ("OSD") and County Sanitation
District No. 15 ("District 1511) if OSD, the joint powers
agency which it and District 15 operate (the Oakley-Bethel
Island Wastewater Management Authority ("OBIWMA") ) , and
District 15 are combined in a single public agency;
NOW, THEREFORE, BE IT RESOLVED, by the Board of
Supervisors of Contra Costa County, acting as the Board of
Directors of District 15, that it hereby approves, and
requests the Local Agency Formation Commission of Contra
Costa County to take proceedings for, the concurrent: (1)
annexation of all territory of District 15 to OSD; (2)
amendment of the sphere of influence of OSD to include such
territory; (3) dissolution of District 15; and (4) formation
of three new "M" (miscellaneous) County Service Areas
comprising former Zones 1, 2 and 3 of District 15, all in
accordance with the provisions, terms and conditions (and
with respect to the territory) stated in the annexed Schedule
of Terms and Conditions ("Schedule") , which Schedule is
incorporated in this Resolution by this reference;
FURTHER RESOLVED, that upon such concurrent
annexation, amendment, dissolution and formation, OBIWMA
shall be concurrently dissolved, in accordance with the terms
and conditions stated in the Schedule;
FURTHER RESOLVED, that the project approved. by this
Resolution and the attached Schedule is hereby found and
determined to be categorically exempt from the California
Environmental Quality Act, pursuant to such statute's
Guideline Sec. 15320;
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FURTHER RESOLVED, that the provisions, terms and
conditions of the attached Schedule be approved and adopted
as those of this Board, that District 15 be and it hereby is
authorized and directed to enter into such Schedule as an
agreement between it and OSD, and that staff be and the same
hereby is authorized and directed to take all necessary and
appropriate actions to implement such Schedule;
FURTHER RESOLVED, that this Resolution shall also
serve as a resolution of intention to establish the three new
County Service Areas (formation of which is proposed above) ,
and upon approval by the Local Agency Formation Commission,
the clerk of this Board is directed to set such formation for
hearing before this Board and give notice thereof by
publication, pursuant to Government Code §25210. 15 (d) and
25210. 16.
FURTHER RESOLVED, that this Board of Supervisors,
sitting as such and as the Board of District 15, hereby finds
and determines that on and after the Effective Date, for
purposes of Health and Safety Code Section 4830, OSD shall be
a district which is performing sewage collection, treatment
and disposal services in the entire area now included in
District 15, and that accordingly no County Sanitation
District may annex any territory which was within the borders
of District 15 on the date of adoption of this resolution or
immediately prior to the Effective Date for purposes of
providing any sewage collection, treatment or disposal
services; and
FURTHER RESOLVED, that the adoption and approval of
this Resolution and the attached Schedule are conditioned on
the adoption and approval of a substantially similar
Resolution and Schedule by the Board of OSD.
Passed and adopted by the Board of Supervisors of
Contra Costa County, acting as the Board of Directors of
County Sanitation District No. 15, at its regular meeting
held on the day of October, 1991.
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D R A F T
of October 9, 1991
SCHEDULE OF TERMS AND CONDITIONS
for the
COMBINING OF
OAKLEY SANITARY DISTRICT,
OAKLEY-BETHEL ISLAND WASTEWATER MANAGEMENT AUTHORITY, and
COUNTY SANITATION DISTRICT NO. 15
This schedule is to set forth the terms, conditions
and other provisions of the concurrent request by County
Sanitation District No. 15 ("District 1511) and the Oakley
Sanitary District ("OSD") to the Local Agency Formation
Commission for the combining of OSD, the Oakley-Bethel Island
Wastewater Management Authority ("OBIWMA") , and District 15
into a single public agency. This schedule also sets forth
the terms of the agreement between OSD and District 15 for
such combination.
1. Governing Law. The proposal to LAFCO is made
pursuant to the Cortese-Knox Local Government Reorganization
Act of 1985, Government Code Sections 56000 et seq.
("Cortese-Knox") .
2 . LAFCO Proposal. The proposal to LAFCO is that
concurrently (1) all of the territory of District 15 be
annexed to OSD; (2) the sphere of influence of OSD be amended
to accommodate the annexation, (3) District 15 be dissolved,
and (4) three new "M" (miscellaneous) County Service Areas be
formed comprising former Zones 1, 2 and 3 of District 15.
Concurrently with the foregoing, District 15 and OSD shall
cause OBIWMA be dissolved. It is contemplated that the
provision of all sanitary sewer services will be assumed
throughout the annexed territory by OSD, and that the three
new County Service Areas will assume responsibility for the
three water supply systems previously comprising Zones 1, 2
and 3 of District 15.
3 . Annexed Territory. The territory to be
annexed by OSD, and that of the sphere of influence amendment
for OSD, is the existing territory of District 15. Such
territory is shown on the map attached as Exhibit A, which
Exhibit A is incorporated in this Schedule by this reference.
In the event of any inconsistency between Exhibit A and the
previously recorded metes and bounds descriptions of the
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boundaries of District 15 as existing on the Effective Date,
the previously recorded descriptions shall prevail.
4 . Formation of County Service Areas. The
proposal concerning formation of the three new County Service
Areas is as follows.
a. Three new "M" (miscellaneous) County
Service Areas shall be formed on Bethel Island and in its
immediate vicinity. The reason is to provide the extended
County service of a community water system in these three
areas. Each County Service Area is to have the power to
acquire, construct, operate, replace, maintain and repair a
water supply and distribution system as authorized by Gov. C.
Secs. 25210.4 (d) and 25210.4a(1) .
b. New County Service Area M-26 shall have
exterior boundaries coterminous with those of Zone 1 of
District 15, new County Service Area M-27 shall have exterior
boundaries coterminous with those of Zone 2 of District 15,
and new County Service Area M-28 shall have exterior
boundaries coterminous with those of Zone 3 of District 15.
C. These exterior boundaries of the three
new County Service Areas are shown on the map attached as
Exhibit B, and more particularly described in the metes and
bounds description attached as Exhibit C.
d. It is requested that LAFCO establish a
sphere of influence for each new County Service Area which is
co-terminous with the boundaries of such Service Area.
e. The funding for each Service Area is to
be from service charges and fees obtained from users of the
water, in accordance with Gov. C. Sec. 25210.77a and 25210.9.
f. On the Effective Date each new County
Service Area shall receive, accept and assume the existing
water system and all of the other property, assets and
liabilities of its respective Zone, without further action by
any person. All tangible property and assets of each Zone
are located on the site of the respective Zone (County
Service Area) . The cash balances and related finances of each
Zone are in a separate account for each Zone maintained by
the County Auditor.
g. To the extent not already provided by
subsection f preceding, the new County Service Areas, as the
successors to Zones 1, 2 and 3 of District 15, shall succeed
on the Effective Date to all of the rights, duties and
obligations of District 15 with respect to the enforcement,
performance and payment of all outstanding bonds, including
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any revenue bonds, and all contracts and obligations,
relating to each Service Area's former Zone of District 15.
h. Any existing assessment or other
improvement district formed for purposes of any of the three
water systems comprising Zones 1, 2 and 3 shall likewise be
transferred to the new County Service Area for the respective
Zone.
5. Effective Date. The concurrent annexation,
amendment, dissolutions and formation shall all take place at
the close of business on the "Effective Date" , which shall be
the end of the month during which the Certificate of
Completion is recorded.
6. Name Change. Effective on the Effective Date,
the name of OSD shall be changed to a name to be selected by
the Board of OSD in consultation with the two new members to
be seated pursuant to Section 10. Such change of name shall
be made the subject of a separate resolution adopted by the
Board of OSD.
7. Conducting Authority. It is proposed that the
Board of Supervisors of Contra Costa County act as the
conducting authority to conduct the proceedings for this
reorganization pursuant to Cortese-Knox.
8 . Transfer of Assets. Effective on the Effective
Date, all real property, personal property and assets of
District 15 (except that specifically relating to Zones 1, 2
and 3 of District 15 and described in Section 4 (f) above) and
of OBIWMA shall be transferred to and become the property and
assets of OSD without need of further action by any person,
including (without limitation thereto) all equipment,
records, cash, accounts receivable, bank deposits, all
discharge and other permits, all rights of whatever kind or
nature and all other assets and property.
9 . Transfer of Liabilities Bonds Contracts and
Obligations. Effective on the Effective Date, all liabili-
ties of OBIWMA and all liabilities of District 15 (other than
those specifically relating to Zones 1, 2 and 3 and described
in Section 4 above) shall be transferred to and assumed by
OSD, without need of any further action by any person. To
the extent not already provided by the foregoing sentence,
OSD, as the successor to District 15, shall succeed on the
Effective Date to all of the rights, duties and obligations
of District 15 with respect to the enforcement, performance
and payment of all outstanding bonds, including any revenue
bonds, and all contracts and obligations, except in each
instance those with respect to Zones 1, 2 and 3 . Any
assessment or other improvement district of District 15 shall
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likewise be transferred to OSD, except those with respect to
Zones 1, 2 and 3 .
10. Community Representation. The former terri-
tory of District 15 has not participated in the election of
the present Directors of OSD. In order to provide the voters
of this former territory with initial representation on the
Board of OSD, effective on the Effective Date, the Board of
Directors of OSD shall be increased from five to seven
members pursuant to Health and Safety Code Sec. 6480.5. The
two additional members shall be resident voters of District
15's territory. The Board of Supervisors shall nominate two
persons on recommendation of Supervisor Torlakson, for
consideration by the Board of Directors of OSD, prior to the
Effective Date. One such new director shall have a term of
four years subject to reduction to two years, and one shall
have a term of four years not subject to reduction.
a. Subject to subsection b immediately
following, the term of office of the two new directors shall
be until the general district election in 1995, and at the
general district election in 1995, the size of the Board of
Directors of OSD shall be automatically reduced from seven to
five, without need of further action by any person. Such
reduction may be made because by that time the former
territory of District 15 will be fully participating in the
election of all Directors of OSD, thereby having
representation and no longer needing the special initial
representation.
b. However, notwithstanding the foregoing,
the Board of Directors of OSD may by resolution timely
adopted prior to the filing deadline for candidates for the
general district election in 1993 determine to maintain the
size of the Board at seven directors. In the event of such
determination, one new Director's term shall be thereupon
automatically reduced to two years, expiring at the general
district election in 1993 , and the other new Director's term
shall remain four years.
C. Except for the two initial appointments
for the initial terms made hereby, no change is being made in
the present policy of OSD to have all of its directors
elected at large.
11. OSD As Sanitary Sewage Service Provider. On
and after the Effective Date, OSD shall be the sole District
to provide sewage collection, treatment and disposal
services, and to acquire, construct and complete any works
therefor, in its territory. For purposes of California
Health and Safety Code Section 4830, it shall be deemed to be
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performing such services in the entire area formerly
comprising District 15.
12 . Water System Operation. OSD shall continue to
operate the water systems comprising Zones 1, 2 and 3 of
District 15 after the Effective Date pursuant to the existing
Service Agreement between District 15 and OSD, which Service
Agreement shall be deemed amended on the Effective Date as
follows:
a. The scope of the Agreement shall be
limited to the water systems comprising Zones 1, 2 and 3 of
District 15. The provision of services to District 15
concerning wastewater collection and transmission shall be
deleted.
b. The Agreement shall be deemed assigned
from District 15 to Contra Costa County, acting for County
Service Areas M-26,. M-27 and M-28.
C. The term shall be one year from the
Effective Date, and thereafter terminable by either party on
six month's notice.
13 . Property Tax Transfer. On and after the
Effective Date, OSD shall be entitled to any share of
property tax revenues to which District 15 or OBIWMA was
previously entitled. There shall not be any other exchange
of property tax revenues as a result of the actions
contemplated by this Schedule.
14 . OBIWMA. On the Effective Date, OBIWMA shall
be dissolved; the "Joint Exercise of Powers Agreement Oakley-
Bethel Island Wastewater Management Authority" dated April
22, 1986, shall be terminated; and, as more particularly
provided above, OBIWMA's property, assets and liabilities
shall be transferred to OSD. The provisions of this Schedule
shall prevail over anything to the contrary in such Joint
Exercise of Powers Agreement.
15. CE A. For purposes of the California
Environmental Quality Act, the Local Agency Formation
Commission shall be the Lead Agency. The reorganization
proposed by this Schedule is categorically exempt from the
California Environmental Quality Act, as a "change . . . in
the . . . reorganization of local governmental agencies where
the changes do not change the geographical area in which
previously existing powers are exercised. " (Class 20, CEQA
Guidelines Sec. 15320. )
16. Spheres of Influence. This proposal is not
consistent with the present spheres of influence of either
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District 15 or OSD, but would be consistent with the amended
sphere of influence proposed for OSD.
17 . Conditions. To the extent permitted by law,
the combining of OSD, OBIWMA and District 15 called for by
this Schedule is subject to the following conditions of the
agreement being made hereby: (a) LAFCO approval; and (b)
completion of the reorganization proceedings pursuant to
Government Code Sections 56000 et seq.
a. OSD and District 15, and the Board of
District 15 in its capacity as the Board of Supervisors of
Contra Costa County, agree to use reasonable efforts to
complete such proceedings in accordance with this Schedule.
b. If LAFCO or any other governmental agency
with jurisdiction shall condition or otherwise modify any
term, condition or other provision of this Schedule or the
concurrent Resolutions of OSD and District 15, either OSD or
District 15 may reject or accept the condition or
modification. If both accept, the condition or modification
shall be deemed to have been included in this Schedule and
made a part of the agreement being made hereby. If either
rejects the condition or other modification, this agreement
shall thereupon be terminated and neither party shall be
under any further obligation hereunder, the proposal made
hereby to LAFCO shall be deemed withdrawn, and the rejecting
District may rescind its Resolution of Application. A failure
to expressly reject any condition or modification by the
close of the hearing on this reorganization by the conducting
authority shall be deemed to be acceptance.
18 . Notice. The persons to be informed as to any
notice of proceedings and to receive copies of any reports of
the Executive Officer for LAFCO purposes, and to receive any
other notice given pursuant to this agreement, shall be:
Tom Powers
Chair, Board of Supervisors
Contra Costa County
651 Pine Street
Martinez, California 94553
J. Michael Walford
Director
Department of Public Works
Contra Costa County
255 Glacier
Martinez, California 94553
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Milt Kubicek
Deputy Director
Department of Public Works
Contra Costa County
255 Glacier
Martinez, California 94553
Phil Batchelor
County Administrator
Contra Costa County
651 Pine Street
Martinez, California 94553
David Bauer
District Director
Oakley Sanitary District
3775 Main Street, . Suite E
Post Office Box 1105
Oakley, California 94561
19. Notice Waiver. To the extent permitted by
law, OSD and District 15, and OBIWMA acting through OSD and
District 15, waive the prenotice required by Government Code
Section 56828 .
20. Rebate to District 15 Users. Upon completeion
of the reorganization, OSD shall provide each user in the
teriitory previously served by District 15 with a one-time
credit of $80, to be given in conjunction with the billing of
the annual sewer use charge for fiscal July 1, 1992 - June
30, 1993 , unless there shall be a major expense in connection
with such territory not anticipated in the Merger Committee
Memorandum, in which event the Board of OSD may reduce the
amount of the credit to reflect such expense. (The Merger
Committee Memorandum is the Memorandum to the OSD Board and
the District 15 Advisory Board from the OSD-SD15 Merger
Committee on "Merger: Issues - Answers - Recommended
Actions" . )
In witness whereof, the above is agreed.
CONTRA COSTA COUNTY OAKLEY SANITARY DISTRICT
SANITATION DISTRICT NO. 15
By: By:
Chair, Board of Supervisors Chair, Board of Directors
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ATTEST: PHIL BATCHELOR, Clerk COUNTERSIGNED:
of the Board of Supervisors
and County Administrator
By: By:
Deputy, "District No. 15" Secretary
(seal) (seal)
RECOMMENDED FOR APPROVAL:
MILTON F. KUBICEK, HENN, ETZEL & MELLON
Public Works Director and
Chief Engineer
By: By
Robert L. Henn
Special District Counsel
APPROVED AS TO FORM:
VICTOR J. WESTMAN
County Counsel
By:
Deputy
RECOMMENDED FOR APPROVAL:
CITIZENS ADVISORY COMMITTEE
By:
Chair, Citizens
Advisory Committee
OA000302.92B -8
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EXHIBIT "B - 111
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Boundary Description M-27
EXHIBIT "B - 2"
To Be Submitted
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Boundary Description M-28
EXHIBIT "B - 3"
To Be Submitted
Later
Map M-26
EXHIBIT "C - 1 11
To Be Submitted
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Map M-27
EXHIBIT "C - 2"
To Be Submitted
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EXHIBIT "C - 3"
PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNTY
DATE: October 9, 1991
TO: Oakley Sanitary District Board of Directors (OSD) -
Sanitation District No. 15 (SD15) Advisory Board
FROM: OSD - SDI Merger Committee
SUBJECT: Merger: Issues Answers - Recommended Actions
The committee has met numerous times to discuss the desirability of merging Oakley
Sanitary District (OSD) and Sanitation District No. 15 (SDI 5) Zone 4 into a single Sanitary
District. Through these discussions some twenty issues were identified. These issues
fall into three categories: Financial, Community Representation, and Merger Process.
Indicated below is our report:
FINANCIAL:
Many of the issues identified dealt with the two districts finances and the compatibility of
one districts costs to that of the other district. To evaluate these issues, staff reviewed
the finances for both districts for the past two years, the assets and long term debt of
each district and the facility impact fee structures for each district. The attached exhibits
present the results of this review.
Operating Costs:
Exhibit #1 is a comparison of the FY 1990-91 operating costs for the districts. Line A
indicates that the SDI field operations costs for the collector systems are$36/unit higher
than OSD costs. However, with the merger and the implementation of the new lift station
monitoring equipment, this difference is reduced to $10/unit due to a $20,000 reduction
in administrative costs and a,$32,000 reduction in field O&M costs. Line B shows the
estimated total operating costs for each district excluding capital improvements. After
adding in the OBI treatment plan costs, based on the current formula for allocating OBI
costs, the difference in costs between the districts is only $7/unit. Line C shows the effect
after applying the administration and O&M reductions for SDI noted above. Under this
scenario, the SDI per unit cost is estimated to be $19 less than OSD.
q�
OSD Board of Directors
SD15 Advisory Board
October 9, 1991
Page 2
In doing the review, we also looked at the engineering, physical relationship between the
districts. There is some question as to the validity of the current method for allocating the
OBI costs. Also, there is some question as to where the limits of OBI and SD15
responsibilities should be drawn. An argument can be made that OBI responsibility
should include the force main connecting Bethel Island and Oakley, all lift stations directly
discharging into the force main, and the Bethel Island emergency pond installation which
is a backup for the force main. On the other side, an argument can be made that the
current formula for allocating the OBI costs to the two districts is not correct in that 28%
of the units served by OBI are in SD15 while SD15 is only being assessed 21.2% of the
costs. Due to population and facility use differences between Oakley and Bethel Island,
the splitting of costs solely on units connected to the system is also probably not correct.
The correct split is probably somewhere between these values. Line D shows the
estimated costs based on a 28%/72% split and a broader limit of OBI responsibility.
Exhibit 2 indicates how the lift station costs were reallocated assuming broader
responsibility limits for OBI. The difference under this scenario is $8/unit.
The above factors strongly suggest that the districts be merged and that the operating
costs of the two districts are comparable. Due to the districts sharing the same treatment
plant,the costs of the districts are intertwined such that an exact financial separation can
not be made.
Assets and Liabilities:
Exhibit 3 is a financial comparison of the assets and liabilities of the districts as of June
30, 1991. The comparison excludes development impact fee revenues and liabilities.
Both districts have sizeable cash deposits,these deposits were separated into short term
investments and reserve accounts for payment of long term debts. At this time, both
districts have sufficient funds available to cover their respective long term debts. Thus,
future years service charges do not need to provide funding for debt retirement. The
estimated difference in net worth on June 30, 1991, is $42 per connection (Exhibit 3, Line
E). This amount will increase due to the difference in service charges in the districts in
FY 1991-92. The estimated difference on June 30, 1992, is $80 (Line F). It is proposed
that this difference be eliminated by a one time reduction in service charge in FY 1992-93
for the SD15 area. The amounts exclude impact fee deposits and liabilities, the future
costs for the lift station monitoring equipment, and the reserve amounts for retirement of
all debts, and system fixed assets.
OSD Board of Directors
S131 Advisory Board
October 9, 1991
Page 3
Development Impact Fees and Liabilities:
Due to the difference in topography and density of urbanization between Bethel Island,
North Oakley, West Oakley, South Oakley, and the Cypress Corridor, a single
development trunk line impact fee is not reasonable. It is recommended that separate
trunk line impact fees be adopted for each specific geographic area. Each of the
identified areas should have its own impact fee account. Care should be exercised to not
co-mingle these funds with operating funds.
After considering the above and the attached exhibits, the committee believes that the
districts are financially compatible and merging the districts from a financial point of view
is desirable. The committee recommends the following:
1. The combined district should have a uniform service charge district wide.
2. The Oakley Bethel Island Waste Management Authority should be dissolved.
3. Individual development trunk line impact fee areas should be established with each
area having its own fund.
4. The $80 estimated per connection difference in net worth between the districts
should be eliminated by a one time reduction in sewer assessment in FY 1992-93
for the SD15 area.
COMMUNITY REPRESENTATION:
Several of the issues dealt with community representation. Through the discussion
process it was agreed that an independent sanitary district representing the entire Bethel
Island-Oakley area was in the best interest of the community being served. An
independent district serving both areas insures a regional sanitary service while still
retaining local control. Form a technical legal standpoint, the merger can only occur one
way and still retain.local control, and that is to annex the S131 Zone 4 to OSD. To instill
community support it is recommended, (1) the Board of Directors for OSD be increased
to seven members by adding two members from the SDI Zone 4 area for a term of four
years, (2) the new Board would decide before November 1993 whether to retain the
membership at seven, failing which it will be reduced to five beginning with the November
1995 local election of Directors, i.e. the terms for five Directors will expire leaving three
vacancies to be filled, and (3) the Directors will be elected at large. It is recommended
that the Directors be elected at large to eliminate the development of a sub-regional
perspective on the Board and in the community.
OSD Board of Directors
SD15 Advisory Board
October 9, 1991
Page 4
The committee also discussed the desirability of changing the name of OSD to something
that represents both areas. A more regional name will reassure the community that the
district represents the entire service area. The selected name should recognize this fact.
Some suggested names are: Marsh Land Sanitary District, East Diablo Sanitary District,
and East Contra Costa Sanitary District.
MERGER PROCESS:
The committee discussed the desirability of including the Cypress Corridor as a part of
the merger. This would join the existing districts together. However, the committee
concluded that the merger process should be kept as simple as possible and that no
areas outside of the existing districts areas should be included in the process. A simple
merger of the two district areas will probably be determined to be categorically exempt
under the California Environmental Quality Act.
The committee recommends that the OSD Board of Directors and the SD15 Advisory
Board consider this committee report during their scheduled monthly meeting and that
the meeting and topic be widely noticed to inform interested persons and to allow their
input.
Recommendation:
The Committee recommends that Sanitation District No. 15 Zone 4 be merged with
Oakley Sanitary District.
MFK.1V
c.SD15.OSD
attachments
EXHIBIT 1
OSD/SD15 Cost Comparison (FY 1990-91/Costsl
OSD (5200 Units) SD 15 (2020 Units)
Cost Cost/Unit Cost Cost/Unit
O&M Labor $26,000 $ 5 $50,000 $25
Equipment 12,000 2 15,000 7
Materials 14,000 3 29,000 14
Line
Admin. Engr.& Gen. Costs 212,000 41 90,000 45
Treatment Plant Costs 568.000 109 153,000 76
;.::.::.::.;:.;:.;:.;:.;:.;:.::.::.. .r,. 0�.;;;:.;:.;;;;:.;:.;;:.;::::.;:.;;:::.: 1:.�7 Line B
Cost Adjustment:
New Lift Station Telemeter SystemO) ---- ---- <$32,000> <16>
Elimination of County Admin. Cost(�) ---- ---- <20,000> <10>
Subtotal::':.' l tti7( t «<> :` <>:>"•':>>:::>::»»: :# ::::<:>::::s:»::::>;;;;<::::> Line C
. .......... ............ ................................ . ..
Extension of Force Main Responsibility 9,000 2 <9 000> <4>
Adjustment of Treatment Plant Cost FormulaR <48,000> <9 > 48,000 24
al".. l]St :w.i Tt ItCS:::::::::.::.::.::.;:.;;:.;:.;:.;;;:;;;;;::.:;:.:;:.;;;:.;:.;. ... .�i .......................... C .............................. 1. : Line D
.............................................................................r�'J' ......................................... .................................. ................................................� ........
1..................................................................................,........................................................................................,..................................................
........................................................................................................................................................................................................................................................................
* Excludes Capital Expenditures and Bond Payments
MFK:ly
c:SD15.ex1
1 The new computer driven telemeter system will yield a savings of approximately$32,000
annually in the SD15 operating costs.
2 Due to the lack of specific time data, it is difficult to determine exactly how much the
administrative costs will be decreased by elimination of the County from the process.
Assuming a 70% savings, it is estimated that $15,000 of the County's costs are
redundant due to the separate districts and $5,000 of the OSD administrative costs
charged to SD 15 are also redundant. Therefore, the estimated cost saving in
administration through merging the districts is $20,000.
3 In evaluating the OSD, SD15, OBI system, an argument can be made that the OBI limit
of responsibility should extend to the main pump station on Bethel Island and the old
Bethel Island sewer treatment ponds are an integral part of the force main. Based on
the analysis in Exhibit 2, the estimated cost is$12,000 of which$9,000 is OSD's share.
The cost of operating the old Bethel Island sewer treatment plan is not included in the
FY 1990-91 SD15 operating costs.
4 The current formula for allocation of the OBI treatment plan costs to the two districts
(OSD and SD15) yield a cost split of 21.2% SD15 and 78.8% OSD. However, based on
the number of units served in each district, the split would be approximately 28% SD15
and 72% OSD.
EXHIBIT 2
SD15 FY 1990-91 Lift Station Operating Costs
SD 15 LIFT COST FOR MAIN & #14 STATIONS
STATION COSTS % SHARE COST
O&M $12,000 30% $4,000
Equipment (30% of 15,000) 5,000 30% 2,000
Materials (60% of 29,000) 17,000 30% 5,000
Energy 29,000 48% 14,000
Subtotal $63,000 $25,000
Adjustment for New Telemeter System 32,000 13,000
Estimated Net Cost $31,000 $12,000
Proration of Net Cost
SDI @ current OBI formula split (21%) $3,000
OSD @ current OBI formula split (79%) 9,000
$12,000
MFK:Iv
c:sdl 5.ex2
EXHIBIT 3
Financial Status Comparison as of June 30, 1991(1)
Assets OSD (5200 Units) SD 15 (2020 Units)
Cash $ 100,000 $ 108,000
Revenue from OBI Audit <27,000> 192,000
Accounts Receivable 137,000 4,000
Equipment 331,000 4,000
Prepaid Expenses ------ ------
Short Term Investments(2)(3) 1,900,000 869,000
OSD Funds Reserved for Bond Payment(4) 700,000 ------
SD 15 Funds Reserved for Bond Payment(5) ------ 1,657,000
TOTAL LIQUID ASSETS(') $3,141,000 $2,834,000
Liabilities
Account Payable $ 30,000 ------
OSD Bonds Outstanding @ 5% end 2018 845,000 ------
SD 15 Bonds Outstanding @ 12% end 1992 ----- 1,750,000
Lift Station Telemeter Equipment 18,000 162,000
TOTAL LIABILITIES(') $893,000 $1,912,000
Net worth(6)(7 $2,393,000 $1,015,000
Net:wtth:eX fCt:a: : 131ti= 5 ``: >'««> ><»»> < » » '<<<>»»<<»':<'><>`<«<> » >>« '` f1«« >< ><»«> > >'<"<> > t >Line E
4...........................................................$........::::
................
: ;;:.;:.;;;;;;;:.;>;;;: ;;;;;;;;;;;;;.;;;;:.;;;:.;;;;;;;>;;;;;;:.:.::::::::::::::.:::::::::::::::::::.......................................................
Increase in networth due to FY 91-92 Service Charge ------ 45
Less Higher Operating Cost ($167-$160) Exhibit 1 Line B ------ -7
...:.::...mkt):a..: ..:: : : ......i.:#. .:::.:...:......::::::::::::::.:::.......::............:::::.:.::..i.......................::........................::::::.:..........:......:::::..... :::::::::.::.:::::::::::::::.
Line F
MFK:ly
c:sdl 5.ex3
1 Excludes all sewer impact fee revenues and liabilities and system assets.
2 Oakley Sanitary District collection system impact fee reserve is excluded.
3 Sanitation District No. 15 collection system impact fee reserve of$64,020 is excluded.
4 $7000,000 invested @ 7% per year will yield sufficient funds to make 5% bond principal and interest payments.
5 $1,657,000 invested @ 6% per year will yield sufficient funds to retire the SD 15 Bond in June 1992.
6 Net worth shown excludes reserves for bond payments,bond liabilities,impact fee revenues and liabilities,and
fixed assets.
7 The cost of the lift station monitoring equipment has been subtracted from net worth.
PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNTY
DATE: October 15, 1991
TO: BOARD OF SUPERVISORS
FROM: Supervisor Tom Torlakson
Supervisor Tom Po �,v✓
SUBJECT: Formation of County Service Areas M-26, M-27, and M-28
We hereby request that the Board of Supervisors establish three new County Service
Areas in accordance with the proposed Resolution of Application for the combining of
Oakley Sanitary District, Oakley-Bethel Island Wastewater Management Authority, and the
County Sanitation District No. 15 and its attached schedules.
SCH:drg
c:formcsa.tl 0
.; FILED
OCT 1 51991
CLERK BOARD OF SUPERVISORS
CONTRA COSTA Co.
C(V_X�/L O Gdud�
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on October 15, 1991 by the following vote:
AYES: Supervisors Schroder, McPeak, Torlakson, Powers
NOES: none
ABSENT: Fanden
ABSTAIN: none RESOLUTION NO. 91/671
SUBJECT: Combining Oakley Sanitary District, Oakley-Bethel Island
Wastewater Management Authority and Contra Costa County
Sanitation District No. 15.
Resolution No. 91/671
A RESOLUTION OF APPLICATION
BY THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO
TAKE PROCEEDINGS FOR THE COMBINING OF
OAKLEY SANITARY DISTRICT,
OAKLEY-BETHEL ISLAND WASTEWATER MANAGEMENT AUTHORITYq
CONTRA COSTA COUNTY SANITATION DISTRICT NO. 15
WHEREAS, better and more economic sanitary sewer and
related services can be offered to the residents of the Oakley
Sanitary District ("OSD") and Contra Costa County Sanitation
District No. 15 ("District 1511) if OSD, the joint powers agency
which it and District 15 operate (the Oakley-Bethel Island
Wastewater Management Authority ("OBIWMA") ) , and District 15 are
combined in a single public agency;
NOW, THEREFORE, BE IT RESOLVED, by the Board of
Supervisors of Contra Costa County, acting as the Board of
Directors of District 15, that it hereby approves, and requests the
Local Agency Formation Commission of Contra Costa County to take
proceedings for, the concurrent: (1) annexation of all territory of
District 15 to OSD; (2) amendment of the sphere of influence of OSD
to include such territory; (3) dissolution of District 15; and (4)
formation of three new "M" (miscellaneous) County Service Areas
comprising former Zones 1, 2 and 3 of District 15, all in
accordance with the provisions, terms and conditions (and with
respect to the territory) stated in the annexed Schedule of Terms
and Conditions ("Schedule") , which Schedule is incorporated in this
Resolution by this reference;
FURTHER RESOLVED, that upon such concurrent annexation,
amendment, dissolution and formation, OBIWMA shall be concurrently
dissolved, in accordance with the terms and conditions stated in
the Schedule;
Orig.Div: Public Works(Admin.)
cc: CAO
County Auditor-Controller
County Counsel
GMEDA Director
PWD - Accounting
PWD - Engineering Services
CSD No. 15 Advisory Board (via PWD)
Bethel Island Improvement District (via PWD)
Oakley Municipal Advisory Council (via PWD)
Oakley Sanitary District
:sp
bo\15.t10
RESOLUTION NO. 91/671
FURTHER RESOLVED, that the project approved by this
Resolution and the attached Schedule is hereby found and determined
to be categorically exempt from the California Environmental
Quality Act, pursuant to such statute's Guideline Sec. 15320;
FURTHER RESOLVED, that the provisions, terms and
conditions of the attached Schedule be approved and adopted as
those of this Board, that District 15 be and it hereby is
authorized and directed to enter into such Schedule as an agreement
between it and OSD, and that staff be and the same hereby is
authorized and directed to take all necessary and appropriate
actions to implement such Schedule;
FURTHER RESOLVED, that this Resolution shall also serve
as a resolution of intention to establish the three new County
Service Areas (formation of which is proposed above) , and upon
approval by the Local Agency Formation Commission, the clerk of
this Board is directed to set such formation for hearing before
this Board and give notice thereof by publication, pursuant to
Government Code §25210. 15 (d) and 25210. 16.
FURTHER RESOLVED, that this Board of Supervisors, sitting
as such and as the Board of District 15, hereby finds and
determines that on and after the Effective Date, for purposes of
Health and Safety Code Section 4830, OSD shall be a district which
is performing sewage collection, treatment and disposal services in
the entire area now included in District 15, and that accordingly
no County Sanitation District may annex any territory which was
within the borders of District 15 on the date of adoption of this
resolution or immediately prior to the Effective Date for purposes
of providing any sewage collection, treatment or disposal services;
and
FURTHER RESOLVED, that the adoption and approval of this
Resolution and the attached Schedule are conditioned on the
adoption and approval of a substantially similar Resolution and
Schedule by the Board of OSD.
1 hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supervisors on a date shown.
' V
ATTESTED: rsni /,:�• /9 f-/
PHIL BATCHELOR,Clerk of the Board
w SupeMsors and County Administrator
By Deputy
RESOLUTION NO. 91/671
SCHEDULE OF TERMS AND CONDITIONS
for the
COMBINING OF
OAKLEY SANITARY DISTRICT,
OAKLEY-BETHEL ISLAND WASTEWATER MANAGEMENT AUTHORITY, and
CONTRA COSTA COUNTY SANITATION DISTRICT NO. 15
This schedule is to set forth the terms, conditions
and other provisions of the concurrent request by Contra
Costa County Sanitation District No. 15 ("District 1511) and
the Oakley Sanitary District ("OSD") to the Local Agency
Formation Commission for the combining of OSD, the Oakley-
Bethel Island Wastewater Management Authority ("OBIWMA") , and
District 15 into a single public agency. This schedule also
sets forth the terms of the agreement between OSD and
District 15 for such combination.
1. Governing Law. The proposal to LAFCO is made
pursuant to the Cortese-Knox Local Government Reorganization
Act of 1985, Government Code Sections 56000 et seq.
("Cortese-Knox") .
2 . LAFCO Proposal. The proposal to LAFCO is that
concurrently (1) all of the territory of District 15 be
annexed to OSD; (2) the sphere of influence of OSD be amended
to accommodate the annexation, (3) District 15 be dissolved,
and (4) three new "M" (miscellaneous) County Service Areas be
formed comprising former Zones 1, 2 and 3 of District 15.
Concurrently with the foregoing, District 15 and OSD shall
cause OBIWMA be dissolved. It is contemplated that the
provision of all sanitary sewer services will be assumed
throughout the annexed territory by OSD, and that the three
new County Service Areas will assume responsibility for the
three water supply systems previously comprising Zones 1, 2
and 3 of District 15.
3 . Annexed Territory. The territory to be
annexed by OSD, and that of the sphere of influence amendment
for OSD, is the existing territory of District 15. Such
territory is shown on the map attached as Exhibit A, which
Exhibit A is incorporated in this Schedule by this reference.
In the event of any inconsistency between Exhibit A and the
previously recorded metes and bounds descriptions of the
boundaries of District 15 as existing on the Effective Date,
the previously recorded descriptions shall prevail.
4. Formation of County Service Areas. The
proposal concerning formation of the three new County Service
Areas is as follows.
a. Three new "M" (miscellaneous) County
Service Areas shall be formed on Bethel Island and in its
immediate vicinity. The reason is to provide the extended
County service of a community water system in these three
areas. Each County Service Area is to have the power to
acquire, construct, operate, replace, maintain and repair a
water supply and distribution system as authorized by Gov. C.
Secs. 25210.4 (d) and 25210.4a(1) .
b. New County Service Area M-26 shall have
exterior boundaries coterminous with those of Zone 1 of
District 15, new County Service Area M-27 shall have exterior
boundaries coterminous with those of Zone 2 of District 15,
and new County Service Area M-28 shall have exterior
boundaries coterminous with those of Zone 3 of District 15.
C. These exterior boundaries of the three
new County Service Areas, M-26, M-27 and M-28 are shown on
the maps attached as Exhibits C-1, C-2 and C-3 , respectively
and more particularly described in the metes and bounds
descriptions attached as Exhibits B-1, B-2 and B-3 ,
respectively.
d. It is requested that LAFCO establish a
sphere of influence for each new County Service Area which is
co-terminous with the boundaries of such Service Area.
e. The funding for each Service Area is to
be from service charges and fees obtained from users of the
water, in accordance with Gov. C. Sec. 25210.77a and 25210.9.
f. On the Effective Date each new County
Service Area shall receive, accept and assume the existing
water system and all of the other property, assets and
liabilities of its respective Zone, without further action by
any person. All tangible property and assets of each Zone
are located on the site of the respective Zone (County
Service Area) . The cash balances and related finances of each
Zone are in a separate account for each Zone maintained by
the County Auditor.
g. To the extent not already provided by
subsection f preceding, the new County Service Areas, as the
successors to Zones 1, 2 and 3 of District 15, shall succeed
on the Effective Date to all of the rights, duties and
obligations of District 15 with respect to the enforcement,
performance and payment of all outstanding bonds, including
any revenue bonds, and all contracts and obligations,
relating to each Service Area's former Zone of District 15.
h. Any existing assessment or other
improvement district formed for purposes of any of the three
-2-
water systems comprising Zones 1, 2 and 3 shall likewise be
transferred to the new County Service Area for the respective
Zone.
5. Effective Date. The concurrent annexation,
amendment, dissolutions and formation shall all take place at
the close of business on the "Effective Date", which shall be
the end of the month during which the Certificate of
Completion is recorded.
6. Name Change. Effective on the Effective Date,
the name of OSD shall be changed to a name to be selected by
the Board of OSD in consultation with the two new members to
be seated pursuant to Section 10. Such change of name shall
be made the subject of a separate resolution adopted by the
Board of OSD.
7. Conducting Authority. It is proposed that the
Board of Supervisors of Contra Costa County act as the
conducting authority to conduct the proceedings for this
reorganization pursuant to Cortese-Knox.
8 . Transfer of Assets. Effective on the Effective
Date, all real property, personal property and assets of
District 15 (except that specifically relating to Zones 1, 2
and 3 of District 15 and described in Section 4 (f) above) and
of OBIWMA shall be transferred to and become the property and
assets of OSD without need of further action by any person,
including (without limitation thereto) all equipment,
records, cash, accounts receivable, bank deposits, all
discharge, and other permits, all rights of whatever kind or
nature and all other assets and property.
9. Transfer of Liabilities, Bonds, Contracts and
Obligations. Effective on the Effective Date, all liabili-
ties of OBIWMA and all liabilities of District 15 (other than
those specifically relating to Zones 1, 2 and 3 and described
in Section 4 above) shall be transferred to and assumed by
OSD, without need of any further action by any person. To
the extent not already provided by the foregoing sentence,
OSD, as the successor to District 15, shall succeed on the
Effective Date to all of the rights, duties and obligations
of District 15 with respect to the enforcement, performance
and payment of all outstanding bonds, including any revenue
bonds, and all contracts and obligations, except in each
instance those with respect to Zones 1, 2 and 3 . Any
assessment or other improvement district of District 15 shall
likewise be transferred to OSD, except those with respect to
Zones 1, 2 and 3 .
10. Community Representation. The former terri-
tory of District 15 has not participated in the election of
-3-
the present Directors of OSD. In order to provide the voters
of this former territory with initial representation on the
Board of OSD, effective on the Effective Date, the Board of
Directors of OSD shall be increased from five to seven
members pursuant to Health and Safety Code Sec. 6480.5. The
two additional members shall be resident voters of District
15's territory. The Board of Supervisors shall nominate two
persons on recommendation of Supervisor Torlakson, for
consideration by the Board of Directors of OSD, prior to the
Effective Date. One such new director shall have a term of
four years subject to reduction to two years, and one shall
have a term of four years not subject to reduction.
a. Subject to subsection b immediately
following, the term of office of the two new directors shall
be until the general district election in 1995, and at the
general district election in 1995, the size of the Board of
Directors of OSD shall be automatically reduced from seven to
five, without need of further action by any person. Such
reduction may be made because by that time the former
territory of District 15 will be fully participating in the
election of all Directors of OSD, thereby having
representation and no longer needing the special initial
representation.
b. However, notwithstanding the foregoing,
the Board of Directors of OSD may by resolution timely
adopted prior to the filing deadline for candidates for the
general district election in 1993 determine to maintain the
size of the Board at seven directors. In the event of such
determination, one new Director's term shall be thereupon
automatically reduced to two years, expiring at the general
district election in 1993 , and the other new Director's term
shall remain four years.
C. Except for the two initial appointments
for the initial terms made hereby, no change is being made in
the present policy of OSD to have all of its directors
elected at large.
11. OSD As Sanitary Sewage Service Provider. On
and after the Effective Date, OSD shall be the sole District
to provide sewage collection, treatment and disposal
services, and to acquire, construct and complete any works
therefor, in its territory. For purposes of California
Health and Safety Code Section 4830, it shall be deemed to be
performing such services in the entire area formerly
comprising District 15.
12 . Water System Operation. OSD shall continue to
operate the water systems comprising Zones 1, 2 and 3 of
District 15 after the Effective Date pursuant to the existing
-4-
Service Agreement between District 15 and OSD, which Service
Agreement shall be deemed amended on the Effective Date as
follows:
a. The scope of the Agreement shall be
limited to the water systems comprising Zones 1, 2 and 3 of
District 15. The provision of services to District 15
concerning wastewater collection and transmission shall be
deleted.
b. The Agreement shall be deemed assigned
from District 15 to Contra Costa County, acting for County
Service Areas M-26, M-27 and M-28.
C. The term shall be one year from the
Effective Date, and thereafter terminable by either party on
six month's notice.
13 . Property Tax Transfer. On and after the
Effective Date, OSD shall be entitled to any share of
property tax revenues to which District 15 or OBIWMA was
previously entitled. There shall not be any other exchange
of property tax revenues as a result of the actions
contemplated by this Schedule.
14 . OBIWMA. On the Effective Date, OBIWMA shall
be dissolved; the "Joint Exercise of Powers Agreement Oakley-
Bethel Island Wastewater Management Authority" dated April
22 , 1986, shall be terminated; and, as more particularly
provided above, OBIWMA's property, assets and liabilities
shall be transferred to OSD. The provisions of this Schedule
shall prevail over anything to the contrary in such Joint
Exercise of Powers Agreement.
15. CEOA. For purposes of the California
Environmental Quality Act, the Local Agency Formation
Commission shall be the Lead Agency. The reorganization
proposed by this Schedule is categorically exempt from the
California Environmental Quality Act, as a "change . . . in
the . . . reorganization of local governmental agencies where
the changes do not change the geographical area in which
previously existing powers are exercised. " (Class 20, CEQA
Guidelines Sec. 15320. )
16. Spheres of Influence. This proposal is not
consistent with the present spheres of influence of either
District 15 or OSD, but would be consistent with the amended
sphere of influence proposed for OSD.
17. Conditions. To the extent permitted by law,
the combining of OSD, OBIWMA and District 15 called for by
this Schedule is subject to the following conditions of the
-5-
agreement being made hereby: (a) LAFCO approval; and (b)
completion of the reorganization proceedings pursuant to
Government Code Sections 56000 et seq.
a. OSD and District 15, and the Board of
District 15 in its capacity as the Board of Supervisors of
Contra Costa County, agree to use reasonable efforts to
complete such proceedings in accordance with this Schedule.
b. If LAFCO or any other governmental agency
with jurisdiction shall condition or otherwise modify any
term, condition or other provision of this Schedule or the
concurrent Resolutions of OSD and District 15, either OSD or
District 15 may reject or accept the condition or
modification. If both accept, the condition or modification
shall be deemed to have been included in this Schedule and
made a part of the agreement being made hereby. If either
rejects the condition or other modification, this agreement
shall thereupon be terminated and neither party shall be
under any further obligation hereunder, the proposal made
hereby to LAFCO shall be deemed withdrawn, and the rejecting
District may rescind its Resolution of Application. A failure
to expressly reject any condition or modification by the
close of the hearing on this reorganization by the conducting
authority shall be deemed to be acceptance.
18 . Notice. The persons to be informed as to any
notice of proceedings and to receive copies of any reports of
the Executive Officer for LAFCO purposes, and to receive any
other notice given pursuant to this agreement, shall be:
Tom Powers
Chair, Board of Supervisors
Contra Costa County
651 Pine Street
Martinez, California 94553
J. Michael Walford
Director
Department of Public Works
Contra Costa County
255 Glacier
Martinez, California 94553
Milt Kubicek
Deputy Director
Department of Public Works
Contra Costa County
255 Glacier
. Martinez, California 94553
-6-
Phil Batchelor
County Administrator
Contra Costa County
651 Pine Street
Martinez, California 94553
David Bauer
District Director
Oakley Sanitary District
3775 Main Street, Suite E
Post Office Box 1105
Oakley, California 94561
19. Notice Waiver. To the extent permitted by
law, OSD and District 15, and OBIWMA acting through OSD and
District 15, waive the prenotice required by Government Code
Section 56828.
20. Rebate to District 15 Users. Upon completeion
of the reorganization, OSD shall provide each user in the
teriitory previously served by District 15 with a one-time
credit of $80, to be given in conjunction with the billing of
the annual sewer use charge for fiscal July 1, 1992 - June
30, 1993 , unless there shall be a major expense in connection
with such territory not anticipated in the Merger Committee
Memorandum, in which event the Board of OSD may reduce the
amount of the credit to reflect such expense. (The Merger
Committee Memorandum is the Memorandum to the OSD Board and
the District 15 Advisory Board from the OSD-SD15 Merger
Committee on "Merger: Issues - Answers - Recommended
Actions". )
-7-
f
In witness whereof, the above is agreed.
CONTRA COSTA COUNTY OAKLEY SANITARY DISTRICT
SANITATION DISTRICT NO. 15
By:
Chair,' Board of Supervisors Ch ir, Bow d of rectors
ATTEST: PHIL BATCHELOR, Clerk COUNTERSIGNED:
of the Board of Supervisors
and County Administrator
By: By:
Deputy, "Dist ict Vo. 15" Secretary
(seal) (seal)
RECOMMENDED FOR APPROVAL:
J. MICHAEL WALFORD, HENN, ETZEL & MELLON
Public Works Director
By: ezImez . � By
Rober L. Henn
Special District Counsel
APPROVED AS TO FORM:
VICTOR J. WESTMAN
County Counsel
Deputy
osd\res91.25S
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Sanitary District 15
Zone 1
EXHIBIT 1113-1"
(M-26)
.Portion of the southwest 1/4 of section 3, township 2 north, range 3 east, Mount Diablo
Meridian, Contra Costa County, State of California, described as follows:
Being all of Subdivision 3870, "Willow Road West", as shown on the map filed April 1,
1970 in Book 129 of maps at page 44, records of said County.
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Sanitary District 15
Zone 2
EXHIBIT "13-2"
(M-27)
Portion of the north 1/2 of Section 22, township 2 north, range 3 east, Mount Diablo
Meridian, Contra Costa County, State of California, described as follows:
Being all of subdivision 4482. "Willow Park Marina Unit 2" as shown on the map filed
August 2, 1978 in Book 215 of maps at page 15, also being all of subdivision 4990
"Willow Park Marina Unit 3" as shown on the map filed October 4, 1978 in Book 217 of
maps at page 36, also being all of Subdivision 7139 as shown on the map filed April 10,
1991 in Book 356 of maps at page 12, records of said County.
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Sanitary District 15
Zone 3
EXHIBIT "B-3"
(M-28)
Portion of the west 1/2 of the northeast 1/4 of section 10, township 2 north, range 3 east,
Mount Diablo Meridian, Contra Costa County, State of California, described as follows:
Commencing at the southwest corner of Lot 95 as shown on the subdivision map of
Irvine-Bloomfield Subdivision unit No. 2, filed August 8, 1947 in Book 33 of maps at page
37, records of Contra Costa County; thence along the southerly prolongation of the
westerly line of said lot 95, south 0032'00"west 66.54 feet to a point on the southeasterly
line of Willow Road, the point of beginning; thence from said point of beginning along the
southerly, westerly and southwesterly line of said Willow Road the following courses:
north 64055'00" east, 285.87 feet; north 59004'00" east, 284.41 feet; south 51029'00" east,
127.69 feet; south 17002'00" east, 274.32 feet; south 15051'00" west, 362.47 feet; south
10054'00" east, 367.33 feet; south 48001'00" east, 536.20 feet and south 84018'00" east,
104.77 feet to the west line of the 9.896 acre parcel of land described in the deed from
George E. Irvine, et al., to Albert W. Gray, et ux., dated November 5, 1958, recorded
March 10, 1949, in Volume 1361 of official records at page 126, records of said County;
thence south 21034'00" west, along said west line 191.69 feet to the north line of the
442.44 acre parcel of land described in the deed from George E. Irvine, et. al., to Arthur
H. Honegger, et ux, dated February 23, 1949, recorded April 20, 1949, in Volume 1376
of official records at page 67, records of said County; thence north 89040'00"west along
said north line, 1098.32 feet to the east line of the 165.01 acre parcel of land described
in the deed from W.J. Hotchkiss, et ux, to Stephen Clesaves, et al, dated April 2, 1919,
recorded April 12, 1919, in volume 333 of deeds at page 301, records of said County;
thence north 0032'00" east along said east line, 1324.81 feet to the point of beginning.
Containing an area of 25.422 acres of land more or less.
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