DATE: January 21, 2020
TO: Board of Supervisors
SUBMITTED BY: Steven E. White, Director
Department of Public Works and Planning
SUBJECT: Agreements for the Laton Sidewalk Project, Federal Project No. HSIPL-5942(275)
RECOMMENDED ACTION(S):
TITLE
1. Adopt resolution assuming financial responsibility for costs of relocation of Laton Community Services District’s water and wastewater facilities required for Laton Sidewalk Project, Federal Project No. HSIPL-5942(275);
2. Approve and authorize the Director of the Department of Public Works and Planning, subject to the review and approval of County Counsel as to legal form and the Auditor-Controller/Treasurer-Tax Collector as to accounting form, to execute a Utility Agreement with Laton Community Services District, and any amendments thereto, in connection with the construction of the Laton Sidewalk Project;
3. Approve and authorize the Director of the Department of Public Works and Planning, subject to the review and approval of County Counsel as to legal form and the Auditor-Controller/Treasurer-Tax Collector as to accounting form, to execute a Utility Agreement with Laguna Irrigation District, and any amendments thereto, in connection with the construction of the Laton Sidewalk Project;
4. Accept the as-is donation of a storm drainage basin area (at Gonser Street and East Riverdale Avenue in Laton) and connected storm water drainage improvements along Gonser Street in Laton from the Laton CSD, and approve and authorize the Director to approve and execute a related Agreement (to acquire property and right of way and to assume certain storm drain-related operations and maintenance duties), with Laton CSD in substantial form as the attached Agreement, on file with the Clerk, including any revisions thereto as may be approved by the Director as he deems to be in the best interest of the County, all of which shall be subject to the review and approval of County Counsel as to legal form and the Auditor-Controller/Treasurer-Tax Collector as to accounting form, and in connection with the West Laton Drainage Master Plan.
5. Authorize the Director to approve and execute any further deeds, certificates, instruments or documents that the Director deems necessary to acquire the storm drainage basin and connected storm water drainage improvements, and/or to accept and record dedications thereof for purposes related to the Laton Sidewalk Project, all of which shall be subject to the review and approval of County Counsel as to legal form and the Auditor-Controller/Treasurer-Tax Collector as to accounting form.
REPORT
Approval of the first recommended action will adopt a resolution assuming financial responsibility for expenses related to the relocation of Laton Community Service District’s (CSD) water and wastewater facilities, in connection with the Laton Sidewalk Project (Project). Approval of the second recommended action will approve and authorize the Director to execute a Utility Agreement with the CSD, as required by the California Department of Transportation (Caltrans) in order to receive construction funding for the Project, which will require relocation of water and sewer facilities owned by the CSD. Approval of the third recommended action will approve and authorize the Director to execute a Utility Agreement with Laguna Irrigation District (LID), as required by Caltrans to receive construction funding for the Project, which will impact facilities owned by LID (the cost of the utility impacts will be covered by the funding received from Caltrans).
Approval of the fourth recommended action will approve and authorize the County to accept the donation of a drainage basin area and connected storm water drainage improvements, including four drain inlets, one manhole, two outfall structures, and approximately 360 linear feet of pipeline from the Laton CSD, and authorize the Director to execute an agreement to acquire property and right-of-way from the CSD, in connection with the West Laton Drainage Master Plan (adopted February 27, 1990), and to assume the storm drain related operations and maintenance duties outlined in that plan. In particular, the CSD has requested that the County assume the ownership and operations duties associated with the drainage basin area and the connected storm water drainage pipelines along Gonser St. The CSD has offered to donate the properties to the County at no cost. The last recommended action authorizes the Director to approve and execute deeds, certificates, instruments, or any documents necessary to acquire and/or to accept dedications of any project-related property not otherwise addressed by recommended actions 1-4. The Director’s execution of agreements and documents associated with recommended actions 1-4 are all subject to the review and approval of County Counsel as to legal form, and the Auditor-Controller/Treasurer-Tax Collector as to accounting form. This item pertains to a location in District 4.
ALTERNATIVE ACTION(S):
Your Board may elect not to approve the recommended actions. However, the delay caused by returning the agreements and/or other documents to your Board for individual approval will delay authorization of project construction funding by the California Transportation Commission (CTC) and Caltrans, which will increase the likelihood that the Department will miss funding deadlines, and be unable to proceed with construction.
FISCAL IMPACT:
There is no Net County Cost associated with the recommended actions. The estimated costs ($100,000) included in the utility agreements will be paid through the County’s construction contract. The Active Transportation Program will reimburse construction costs up to $2,632,119 and any remainder will be funded through the County’s Road Fund 0010. Sufficient appropriations and estimated revenues are included in the Department’s - Road Org 4510 FY 2019-20 Adopted Budget.
DISCUSSION:
The Project will widen and install sidewalks, curb and gutter on the following avenues in the community of Laton: Murphy, Bliss, Gonser, Latonia and Fowler. Storm drain improvements will be constructed to accommodate run-off. In addition, lighted flashing pedestrian crossing signs will be installed on Fowler at Latonia Avenues, and two existing bridge/culverts will be widened to accommodate a new sidewalk.
The first recommended action will adopt a resolution to clarify the financial responsibility for expenses related to the relocation of the CSD’s water and wastewater facilities, in connection with the Project. The facilities were constructed using Community Development Block Grant (CDBG) funding, administered by and under the supervision of Department staff. CDBG Agreement No. A-85-515 approved by the Board on October 29, 1985, did not contemplate facility relocation or address potential liability. The CSD has not planned for and asserts that it does not have the resources to relocate its facilities that are currently in conflict with the Laton Sidewalk Project. To proceed with construction, Caltrans requires that financial liability must be determined. If the County adopts the resolution clarifying the County’s understanding of the CDBG Agreement conditions, and assuming financial liability for relocation expenditures related to the Project, the requirement for a liability determination will be met, and construction will be able to proceed.
Caltrans requires that the County enter into utility agreements, using Caltrans’ standard template, with any affected utility prior to authorizing construction funds. As of December 2019, the utility agreements with the CSD and LID were still being finalized. The Department requests that your Board authorize the Director of the Department to sign the final utility agreements, subject to the approval of County Counsel as to legal form and the Auditor-Controller/Treasurer-Tax Collector as to accounting form. Returning the agreements and/or other documents to your Board for individual approval will delay authorization of project construction funding by Caltrans, which will increase the likelihood that the Department will miss funding deadlines and be unable to proceed with construction. Draft versions of the utility agreements are included as Attachments A & B.
The CSD has requested that the County assume the ownership and operations duties associated with the drainage basin area and connected storm water drainage improvements, including four drain inlets, one manhole, two outfall structures, and approximately 360 linear feet of pipeline along Gonser St., connected to the West Laton Drainage Master Plan, as depicted in Attachment C. These improvements were a part of the Laton Westside Drainage Improvement Phase III improvements constructed under CDBG Agreement #01-776, which was approved by the Board on December 18, 2001, under which the CSD agreed to maintain the storm drainage basin using non-CDBG funding. The CSD states that it cannot use the assessments and/or fees collected to provide storm drainage system operation and maintenance, as these services are not listed in their Municipal Service Review (MSR), and therefore must return the facilities to the County. The CSD states that it cannot operate the facilities without inclusion in their MSR. A copy of the CSD’s most recently adopted MSR is attached as Attachment D. The CSD has been performing maintenance and operations for some of these storm drainage facilities within Laton since their installation using CDBG funds. Furthermore, the County has been maintaining two other ponding basins in Laton, as depicted in Attachment E. The Department recommends that your Board authorize the Director of the Department to sign the final agreement, the most recent draft of which is attached as Attachment F.
The Agreement with the CSD expressly disclaims any warranties regarding the storm drainage basin’s environmental or physical condition, requires that the County indemnify and hold the Laton CSD harmless from any liabilities, damages, or claims due to the environmental condition of the storm drainage basin, and requires that the County waive the benefits of Civil Code § 1542, which provides that a general release doesn’t apply to claims which a creditor doesn’t know or suspect at the time of the release. This means that if there is some environmental hazard at the donated property, unknown to the County at the time of donation, that results in a claim or loss against the County, the County has waived any protection offered by Section 1542, and the CSD will still be released from any associated liability. Because of these Agreement disclaimers, waivers, and indemnification responsibilities, the Department ordered a Phase 1 Hazardous Waste Assessment of the storm drainage basin, which found no contamination of concern identified to be likely on the Property. The report additionally found no remediation activities were determined to be necessary, given the County’s intended use for the Property (storm drainage basin).
It is anticipated that the construction contract may be awarded as early as March 2020; however, the advertisement of the project is contingent upon authorization to proceed by Caltrans and the CTC. The Department will return to your Board at a later date with a request to award the construction contract. The project was designed by the Department’s consultants, Drake Haglan and Associates and Biggs Cardosa Associates, Inc.
DONOR DISCLOSURES:
The CSD has offered to donate the property and right-of-way associated with the West Laton Drainage Master Plan. The CSD has not bid on any County contracts within the past 12 months, and it is not anticipated that they will do so within the next 12 months. The estimated value of the property to be donated is $154,800. The properties can be more thoroughly described as the existing ponding basin located on the southeast corner of Gonser Street and E. Riverdale Avenue, and storm drain improvements connected to such ponding basin. These are four drain inlets, one manhole, two outfall structures, and approximately 360 linear feet of pipeline. The facilities will continue to be used to provide storm drainage for the community of Laton. The new storm drain facilities will be connected to this existing system, and will discharge to the subject basin.
OTHER REVIEWING AGENCIES:
The draft utility agreements were developed with Caltrans staff based on the standard Utility Agreement Clauses in the Caltrans Local Assistance Procedures Manual. As a condition of funding, Caltrans must review and approve the final utility and right of way agreements.
REFERENCE MATERIAL:
BAI #41, January 31, 2017
BAI #39, December 18, 2001
BAI #28, February 27, 1990
BAI #35, October 29, 1985
ATTACHMENTS INCLUDED AND/OR ON FILE:
Location Map
On file with Clerk - Resolution
Attachments A-F
CAO ANALYST:
Sonia M. De La Rosa