HomeMy WebLinkAbout04-19-01 AGENDA BACKUP
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: April 19, 2001
No.: 3. a. CONSENT CALENDAR
Type of Action: QUITCLAIM SEWER EASEMENT
Subject: ADOPT A RESOLUTION AUTHORIZING EXECUTION AND RECORDING OF A
QUITCLAIM DEED TO DISCOVERY BUILDERS, INC. FOR SUBDIVISION 8136 IN THE
TOWN OF CLYDE, DISTRICT JOB NO. 1642
Submitted By: Initiating Dept./Div.:
Jarred Miyamoto-Mills Engineering/Environmental Services
REWEWE:VRECOMMG~1;R BOARO (iiK
J. amoto-Mills C. Swanson A. Farrell
ISSUE: Board approval is required to quitclaim easements rights.
RECOMMENDATION: Authorize a quitclaim of easement rights to Discovery Builders, Inc.,
for Subdivision 8136 in the Town of Clyde, District Job. No. 1642.
FINANCIAL IMPACTS: None.
AL TERNATIVES/CONSIDERATIONS: None.
BACKGROUND: In February 1969, the Clyde Company, owners at the time of the
sanitary sewer system in the Town of Clyde, deeded its sanitary sewer system and
easement rights to the District. The deed appears as an exception in title reports for
properties in the Town of Clyde.
Discovery Builders, Inc. (DBI), a company affiliated with Albert D. Seeno Construction
Company, is developing a 12-lot subdivision on Park Street in Clyde. DBI has requested
that the District quitclaim its easement rights as those rights affect the 12-lot subdivision
and has paid the District's processing fee. Staff has confirmed that there are no
easement rights granted by the above-described deed needed for the 12-lot subdivision.
The project site is shown on the attached map.
Staff has concluded that this transaction is exempt from the California Environmental
Quality Act (CEQA) under District CEQA Guidelines Section 18.6, since it involves a minor
alteration in land use limitations. Approval of this quitclaim will establish the Board of
Director's independent finding that this action is exempt from CEQA.
411 2/01
U :\PPr\SusanW\PPr _ DiscoveryBldrs Clyde. wpd
Page 1 of 3
POSITION PAPER
Board Meeting Date: April 19, 2001
Subject: ADOPT A RESOLUTION AUTHORIZING EXECUTION AND RECORDING OF A
QUITCLAIM DEED TO DISCOVERY BUILDERS, INC. FOR SUBDIVISION 8136 IN THE
TOWN OF CLYDE, DISTRICT JOB NO. 1642
RECOMMENDED BOARD ACTION: Adopt a resolution authorizing the President of the
Board of Directors and Secretary of the District to execute a Quitclaim Deed to Discovery
Builders, Inc. for Subdivision 8136 in the Town of Clyde (District Job No. 1642), and
authorize staff to record the Quitclaim Deed with the Contra Costa County Recorder.
4/12/01
U:\PPr\SusanW\PPr _ DiscoveryBldrs Clyde. wpd
Page 2 of 3
Central Contra Costa
Sanitary District
-0
o
:IJ
-i
c:
'"
..,
U
0-
'"
'"
....
...,
..-
.
/
'"
'"
....
...,
-;;;
>-
en
"0
<.>
..-
.:>:
)
lV
I
o
I
...,
...,
~
c;
o
'"
0::
9i:
a,
o
PORT CHICAGO HWY
LOCATION MAP
()
I
o
)>
G)
o
I I '-, I
180
ESSEX '1 ST
/75 /76 /72
/69 /70
/72 /64
168
~-o /65 166 ~$
162 )> /61 /62 T 25
Z _:IJ ~
0 /58 ^ -~I ./158 -0 PARK"
:0 /54 ~{!! 1/52 )> PLACE$)
~ /5/ r- :0
)> ISO - ^ /54 CT "6~
z -2
146 G) J
~-i /42
~ /42 /4/ 0 /46
140 Z 142
m ~ /38
/36 /35 \ /34 /36 I
/32 /3/'
/27~ /28 /30
/28 1tJ[}$3@
/24
/24 ~ /25m (J) l
-<::
/20 rn -i \' ~
/2/ 1/8
1/8 117 118
1/4
1/4 113
liD 1/2
/09 I/O
/08 ~
I\) ~ ~
i; :<:: I\)
/00 )> VI Ul
'---
I
G)
I
~
~
200
4~ l SYSSIEx'l
FEET
PARK STREET,CLVDE
(DISCOVERY BUILDERS)
~~
N.r.s.'
EASEMENT
RIGHTS IN
SUBDIVISION
8136 TO BE
QUITCLAIMED
Attachment
MAP
BY: DRS
DATE: 04-06-01
Page 3 of 3
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: April 1 9, 2001
No.:
3.b. CONSENT CALENDAR
Type of Action: ADOPT RESOLUTION
Subject: ADOPT RESOLUTION CONCERNING ENERGY REDUCTION EFFORTS
Submitted By:
Joyce E. Murphy, Secretary of the
District
Initiating Dept./Div. :
Administrative
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
ISSUE: District participation is requested in the state-wide effort to address the Ca Ifornia
energy crisis, and Board of Directors adoption of a resolution encouraging and promoting
energy conservation is also requested.
RECOMMENDATION: Adopt the attached resolution concerning energy reduction efforts.
FINANCIAL IMPACTS: Energy conservation can reduce District energy usage and help
mitigate the impact of energy cost increases being faced by all businesses and residents
in the State of California.
AL TERNATIVES/CONSIDERATIONS: Decline to participate in state-wide energy reduction
efforts.
BACKGROUND: California is facing a significant energy challenge. As we move closer to
the summer when demand will be at its peak, Governor Davis has asked state agencies,
cities, counties, businesses, residents, and independent special districts to embrace energy
conservation and efficiency. Because of the number of special districts and the types of
services they provide, special districts can have a major impact on the state's ability to
meet this challenge and find a long-term solution that will involve stabilization,
conservation, and generation. The California Special Districts Association has asked each
special district to participate in this effort by adopting a resolution encouraging and
promoting energy conservation efforts, by developing and implementing energy
conservation strategies, and by working with and sharing information and strategies with
other agencies and the public.
RECOMMENDED BOARD ACTION: Adopt the attached resolution concerning energy
reduction efforts, and authorize staff to forward copies of said resolution to Governor
Davis and the California Special Districts Association.
4/12/01
S:\ADMIN\MURPHY\Miscellaneous\energy .pp. wpd
Page 1 of 3
CENTRAL CONTRA COSTA SANITARY DISTRICT
RESOLUTION NO. 2001-
RESOLUTION ENCOURAGING AND PROMOTING
ENERGY CONSERVATION AND REDUCTION EFFORTS
WHEREAS, California faces unprecedented energy challenges and severe electricity supply
shortages; and
WHEREAS, the importance of immediate energy conservation efforts cannot be
overstated; and
WHEREAS, Governor Gray Davis has asked all Californians to reduce electricity use
immediately by at least 10 percent and by 20 percent during summer months; and
WHEREAS, to demonstrate California's commitment to conserve electricity, State
Government is cutting its consumption by at least 8 percent and 20 percent during Stage
Two alerts. The Governor has asked independent special districts to do the same; and
WHEREAS, Central Contra Costa Sanitary District has already implemented the following
projects to conserve energy:
. Installation of cogeneration system to produce 90% of plant site power
requirements;
. Utilization of waste heat from cogeneration and sludge incinerators to drive
a 2500 HP aeration air blower, or 40% of the plant's electrical demand;
. Use of variable frequency drives on all new equipment as appropriate;
. Replacement of all fluorescent lighting at the treatment plant site and
headquarters building with new high efficiency lamps and ballasts;
. Replacement of old motors with new high efficiency models when
appropriate; and
. Replacement of outdoor lighting with high efficiency high pressure sodium
fixtures.
NOW, THEREFORE, BE IT RESOLVED, that Central Contra Costa Sanitary District has
taken actions to reduce electricity use by more than 10 percent and will continue long-
term efforts to further reduce electricity use particularly during the summer months by:
. Modifying cogeneration air intake to produce 200 KW more power in the
summer;
. Optimizing operation to minimize on peak power demand; and
. Maximizing use of landfill gas as an alternate source of energy.
Page 2 of 3
BE IT FURTHER RESOLVED, that Central Contra Costa Sanitary District is committed to
an ongoing energy conservation and efficiency program and has created an Energy Team
to identify efficiency improvements and to emphasize the District's commitment to energy
savings; and
BE IT FURTHER RESOLVED, that Central Contra Costa Sanitary District urges its residents
and businesses to also reduce ongoing electricity use immediately by 10 percent and strive
for 20 percent reduction during summer months and peak periods.
PASSED AND ADOPTED by the Central Contra Costa Sanitary District Board of Directors
this 19th day of April, 2001 by the following vote:
AYES:
NOES:
Absent:
Members:
Members:
Members:
President of the Board of Directors of the
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
Secretary of the Central Contra Costa
Sanitary District, County of Contra Costa,
State of California
APPROVED AS TO FORM:
Kenton L. Aim
Counsel for the District
Page 3 of 3
HEARING TO CONSIDER APPEAL
BY PROPERTY OWNERS ON FLORA STREET
OF STAFF DECISION REGARDING
CAD PROGRAM ELIGIBILITY
SUGGESTED AGENDA
APRIL 19, 2001
I. Request Staff Report
II. Hearing
A. State Purpose of Hearing
B. Open Hearing
C. Receive Comments from Flora Street Property Owners
D. Request Staff Responses as Appropriate
E. Close Public Hearing
III. Board Deliberation
U:\CAD\Flora St\hearin-l.wpd
~ ~ ~-- -~ T
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: April 19, 2001
No.:
4.a. HEARINGS
Type of Action: CONSIDER APPEAL
Subject: CONSIDER THE APPEAL BY PROPERTY OWNERS ON FLORA STREET IN
MARTINEZ OF A STAFF DETERMINATION REGARDING CONTRACTUAL ASSESSMENT
DISTRICT PROGRAM ELIGIBILITY
Submitted By:
Curtis W. Swanson, Division Manager
Initiating Dept./Div. :
Engineering/Environmental S
REVIEW,~ND RECOMME. 'NDED FOR BOARD ACT.. W. N.:. '..'.')._
~ fP11t. 'E /
/ . N t:f'J
c. Swanson A. F rrell ~~
ISSUE: A group of residents living on Flora Street in Martinez has appealed a taff
determination regarding the ineligibility of their properties for participation in the District
Contractual Assessment District Program. A hearing is required for the Board to consider
an appeal of a staff decision.
RECOMMENDATION: Conduct a hearing to consider the appeal by the group of Flora
Street property owners.
FINANCIAL IMPACTS: If the Board decides that the Flora Street properties are eligible
for the CAD Program, the cost of designing and constructing sewer facilities would be
approximately $125,000.
AL TERNATIVES/CONSIDERATIONS: None.
BACKGROUND: In June 2000, a group of three owners of four properties along Flora
Street in Martinez applied for participation in the District's Contractual Assessment District
Program (see Attachment 1). This group of properties did not comply with the existing
criteria for CAD formation. However, the Board of Directors and staff deferred any action
related to formation of a CAD for the Flora Street properties until after a thorough review
of the CAD Program Policy. The Board conducted a review of the CAD Program Policy
and on February 1, 2001, adopted a revised CAD Program Policy.
Staff has determined that the Flora Street properties do not specifically meet the previous
or current formation criteria for Contractual Assessments Districts. Staff notified the
property owners of this determination in a letter dated February 20, 2001 (see
Attachment 2). In a letter dated March 5, 2001, and received by the District on March
4/13/01
U:\CAD\Flora St\CAD Flora St Appeal.wpd
Page 1 of 12
POSITION PAPER
Board Meeting Date: April 1 9, 2001
Subject: CONSIDER THE APPEAL BY PROPERTY OWNERS ON FLORA STREET IN
MARTINEZ OF A STAFF DETERMINATION REGARDING CONTRACTUAL ASSESSMENT
DISTRICT PROGRAM ELIGIBILITY
12, 2001 (see Attachment 3), the Flora Street property owners appealed to the Board
of Directors for reconsideration of the staff determination regarding CAD Program
eligibility.
In accordance with the District Code and the recently adopted revised CAD Program
Policy, a hearing must be scheduled and conducted for the Board to consider the appeal
of the staff decision. The hearing must be scheduled within 45 days of receipt of the
appeal.
Staff reviewed the request by the Flora Street property owners to participate in the
District CAD Program. Staff originally determined that the properties are not eligible
because they do not meet any of the three CAD criteria. Staff has reviewed the original
eligibility determination (Attachment 2) and concluded that the application of the second
criterion regarding the percentage of developed properties was too stringent. Three of the
four properties on Flora Street are developed which represents a 75 percent development
level. Staff's original calculation of a 50 percent development level was based on
eliminating the two developed properties with more than two dwelling units. The number
of dwelling units on the CAD properties is more appropriately considered in the application
of the third CAD criterion. The revised staff eligibility determinations are summarized
below:
CAD POLICY PROPOSED FLORA STREET CAD
1. A minimum of five properties must Only four properties would be tributary to
be directly tributary to the the proposed CAD sewer and two of
proposed CAD facilities. those would be ineligible to participate in
the CAD (due to Policy #3 below).
Criterion not met.
2. A minimum of 60 percent of the Three of the four properties are
properties directly tributary to the developed with existing homes served by
proposed CAD facilities must have septic tank systems. One property is
existing homes served by septic vacant. This would result in a 75
tank systems. percent developed CAD. Criterion met.
4/13/01
U:\CAD\Flora St\CAD Flora St Appeal.wpd
Page 2 of 1 2
POSITION PAPER
Board Meeting Date: April 19, 2001
Subject: CONSIDER THE APPEAL BY PROPERTY OWNERS ON FLORA STREET IN
MARTINEZ OF A STAFF DETERMINATION REGARDING CONTRACTUAL ASSESSMENT
DISTRICT PROGRAM ELIGIBILITY
3.
A Participant Parcel may not have
more than two (2) dwellings to
participate in a CAD.
The Morris property at 690 Flora Street
and the Knisley property at 612-615
Flora Street each contain three dwellings
(one single family residence and one
duplex). These properties cannot be
included within the CAD boundaries.
The CAD Policy does provide for the Board of Directors to determine whether to form a
CAD on a case-by-case basis. The Board may consider technical, economic, staffing,
budgetary, environmental and other factors in its consideration of whether to form a CAD.
RECOMMENDED BOARD ACTION: Conduct a hearing to consider the appeal by a group
of property owners on Flora Street in Martinez of a staff determination regarding
Contractual Assessment District Program eligibility.
4/13/01
U:\CAD\Flora St\CAD Flora St Appeal.wpd
Page 3 of 1 2
<:
'"
"0
.,.;
N
6
5!
C
/
0..
o
~
CI)
<:
<:
o
o
o
-;;;
0..
o
E
U
0..
'"
~ Central Contra Costa
Sanitary District
$2
i:i>
o
5
o
N
cl::
~
:2
T
T
RTINEZ
~+
"
LOCATION MAP
NT.S.
~
<:(
~
CO
~
1
-.J
<:(
o ST
r--r---r--.
o
I
~
N
~
160
FEET
Attachment
FLORA STREET PROPERTIES
IN MARTINEZ
1
Page 4 of 12
ATTACHMENT 2
Central Contra Costa Sanitary District
FAX: (925) 676-7211
Cl/ARLES lie BATTS
G~II<lrQI AIDIIQg.!r
KENTON L AU.f
COfllJs~/for tI.~ Di.tt,-;ct
(9]5) 938.1430
JOrcE E. MURPH!'
S'Cr"Df)' oflh. Di'tnct
February 20, 2001
Mr. and Mrs. Albert A. Morris
700 Flora Street
Martinez, CA 94553
Dear Mr. and Mrs. Morris:
PROPOSED CONTRACTUAL ASSESSMENT DISTRICT FOR FLORA STREET, MARTINEZ
Central Contra Costa Sanitary District (CCCSD) staff has made a final decision that the
proposed contractual assessment district (CAD) for Flora Street in Martinez does not meet
CCCSD's CAD formation criteria; therefore, your proposal must be denied. This letter
documents the history of this issue, the CAD policy criteria used in this decision, and the
procedure for appealing a staff decision.
HISTORY
In 1997, CCCSD initiated a CAD program for the purpose of assisting homeowners with
failing or inadequate septic tank systems to extend the public sewer system to serve their
properties.
On January 7, 1999, CCCSD's Board of Directors formally adopted a policy for the
formation and administration of CADs by Resolution 99-010. The policy included
formation criteria pertaining to the minimum required number of benefitting properties
(five) and the minimum required percentage of benefitting properties that must have
existing homes served by septic tank systems (60 percent). The policy also allows the
Board case-by-case basis discretion as to whether to form a CAD, taking into
consideration technical, economic, staffing, budgetary, environmental, or other factors.
In a letter dated June 20, 2000, you and your neighbors (Knisley and Bray) expressed your
willingness to participated in a CAD to provide sewer service to your properties on Flora
Street. The letter acknowledged that your request did not meet the District's requirement
P:\PUBLlC\LEA VITT\Staff Decision. wpd
Page 5 of 12
@ Rt'l';cicd Pap('r
Mr. and Mrs. Albert A. Morris
Page 2
February 20, 2001
of five benefitting properties and requested that an exception be made for formation of
a CAD with just four properties. That letter was presented to CCCSD's Board of Directors
at its July 6, 2000. After some discussion, the Board directed staff to prepare a report
on your proposed CAD to be brought to the Board at a later date.
At the subsequent July 20, 2000 Board of Directors meeting, while considering the
formation of two other proposed CADs (one of which also involved a request for an
exception to the CAD formation criteria). the Board decided that staff should hold any
further CAD requests until the Board could conduct a workshop to consider revising the
formation criteria and to discuss exceptions to the policy.
On November 30, 2000, the Board CAD Workshop was held and revisions to the CAD
program policies were discussed. As a result, at the February 1, 2001 Board of
Directors meeting, the Board adopted Resolution No. 2001-008 approving several CAD
policy changes. Included in the changes was an additional formation criterion that a
participant parcel may not have more than two dwellings to participate in a CAD. Other
changes allow owners of multiple properties to participate in the ten-year assessment
option with only one property at a time, and provide a specified process for property
owners to appeal staff decisions regarding formation and administration of proposed CAD
projects.
CAD FORMATION POLICIES
The proposed Flora Street CAD does not comply with the current CAD formation policies.
A comparison of the policies and the characteristics of your proposed CAD is presented
in Table 1.
PROCESS FOR APPEALING THIS STAFF DETERMINATION
According to the CAD policy and the District Code, to appeal this staff decision to the
CCCSD Board of Directors, you must file a written notice of appeal or request for Board
consideration of staff decision with the Secretary of the District within 30 days of
receiving this decision. Her address is:
Joyce Murphy, Secretary of the District
Central Contra Costa Sanitary District
5019 Imhoff Place, Martinez, CA 94553
P:\PUBLlC\LEA VITT\Staff Decision. wpd
Page 6 of 12
Mr. and Mrs. Albert A. Morris
Page 3
February 20, 2001
The Secretary of the District will schedule the matter for a hearing before the Board of
Directors within 45 day of receipt of your appeal letter and provide you with written notice
of the time and place of that hearing at least ten days before the hearing. Each affected
party will be given an opportunity to make an oral and/or documentary presentation at the
hearing. Any plans or documentation of more than two pages in length which the Board
is asked to consider at the hearing must be submitted to the Secretary of the District at
least four working days prior to the hearing. Any and all determinations of the Board
arising from a request for Board consideration of a staff decision are final and conclusive.
If you have any questions about this decision or appeals process, please contact
mental Services Division Manager Curtis W. Swanson at (925) 229-7336.
CWB/RBLlem
c: Mr. and Mrs. A. F. Bray, Jr.
600 Flora Street
Martinez, CA 94553
Mr. and Mrs. Dudley Knisley
61 5 Flora Street
Martinez, CA 94553
Page 7 of 12
P:\PUBLlC\LEA VITT\Staff Decision.wpd
Mr. and Mrs. Albert A. Morris
Page 4
February 20, 2001
TABLE 1.
COMPARISON OF CAD FORMATION POLICIES TO THE CHARACTERISTICS
OF THE PROPOSED FLORA STREET CAD
CAD POLICY
1. A minimum of five properties must
be directly tributary to the proposed
CAD facilities.
2. A minimum of 60 percent of the
properties directly tributary to the
proposed CAD facilities must have
existing homes served by septic tank
systems.
3. A Participant Parcel may not have
more than two (2) dwelling to
participate in a CAD.
P:\PUBLlC\lEA VITT\Staff Decision. wpd
PROPOSED FLORA STREET CAD
Only four properties would be tributary to
the proposed CAD sewer and two of
those would be ineligible to participate in
the CAD (due to Policy #3 below).
Criterion not met.
Three of the four properties are
developed with existing homes served by
septic tanks systems. One property is
vacant. Since two of the developed
properties would be ineligible to
participate in the CAD (due to Policy #3
below), only one developed and one
undeveloped property would be in the
CAD. This would result in a 50 percent
developed CAD. Criterion not met.
The Morris property at 690 Flora Street
and the Knisley property at 612-615
Flora Street each contain three dwellings
(one single family residence and one
duplex). These properties cannot be
included within the CAD boundaries.
Page 8 of 12
Mr. and Mrs. Albert A. Morris
Page 5
February 20, 2001
be: A. Farrell
R. Leavitt
C. Swanson
P:\PUBLlC\LEA VITT\Staff Decision. wpd
Page 9 of 12
ATTACHMENT 3
Mr.lMrs. Dudley Knisley
615 Flora Street
Martinez, CA 94553
-co r;" rc::; 0 '0Ji ~--- - -
lru ~ i,Q; L5 '(j l5~-
MAR '. . - 20(ll
Mr.lMrs. A. F. Bray, Jr.
600 Flora Street
Martinez, CA 94553
CGGSO
~-:~RETARY OF THE DISTRIC':
Mr./Mrs. Albert A. Morris
700 Flora Street
Martinez, CA 94553
March 5, 2001
Joyce Murphy, Secretary of the District
Central Contra Costa Sanitary District
5019 Imhoff Place
Martinez, CA 94553
RE: Contractual Assessment District, Flora Street, Martinez
Dear Secretary Murphy:
Please consider this document as a Letter of appeal to the Board of Directors, the District
staff decision to deny our request to form a Contractual Assessment District (CAD) to
provide sewer service to our property on the portion of Flora Street in Martinez east of
Alhambra Creek.
We recognize that the current District policy, as adopted on February 1,2001, requires
District staff to deny formation of a CAD if the properties in a proposed CAD do not meet all
the adopted formation policies. The District CAD formation policy also provides for an
appeal procedure for proposed CAD's where the properties included do not meet some of the
listed criteria but do meet the overall intent of the Sanitary District when the CAD policies
were formulated. We hereby request that the Board of Directors grant that the necessary
exceptions be made in our case, and that the Board of Directors authorize the formation of a
CAD for our properties.
District staff denied our original request for three reasons specified in the formation policies.
We would like to examine the impact of each one of them and also to discuss other reasons
we feel the Board should grant our appeal.
The District's intent in creating the CAD policies was to assist homeowners with failing or
inadequate septic tank systems to extend the public sewer system to serve their properties. It
is an inherent good for properties to be connected to the public sewer. It is good for the
properties and good for the community. In the Flora St. case, it also would eliminate a
possible future source of pollution to Alhambra Creek.
Page 10 of 12
--- ---- T- --- - -- - ____u__________
The Sanitary District also benefits. The District obtains connection fees and additional annual
service fees to help defray the costs of providing service to everyone in the district. The
District also makes some money on the district's investment, in that all district funds are paid
back with interest, at a higher rate than the district makes on their typical other investments.
The Flora Street owners certainly benefit, in that a home on the public sewer is always better
off than one on a septic system.
If the Flora Street situation were just a simple matter of extending the public sewer a couple
of hundred feet to serve our homes we would not be making this request. The Flora Street
homeowners would have paid the costs and fees and had the work done in accordance with
normal Sanitary District policies. Unfortunately, to serve our homes we need to construct an
expensive crossing of Alhambra Creek. None of us in the proposed Flora Street CAD have
the necessary deep pockets to finance the extension without some assistance. We would hope
that that assistance would be available through a secured loan from the Sanitary District
through the CAD process if the Board of Directors grants us our appeal.
Let us address the three specific policy items that the District staff used to justify denial of
our application, and why we think it is appropriate for the Board of Directors to allow
exceptions in this case and to grant this appeal:
Policy 1.
"A minimum of five properties must be directly tributary to the proposed
CAD facilities."
In the Flora Street case, there are only four properties. While granting our
appeal would form a CAD with fewer than five properties, it would not be
setting a precedent. The Sanitary District has approved at least one other CAD
with as few as three properties with no detriment to the District. By granting
this exception no harm would come to the District or to other properties that
are served or will be served.
Policy 2.
"A minimum of 60 percent ofthe properties directly tributary to the proposed
CAD facilities must have existing homes served by septic tank systems."
If our appeal of Policy 1 and Policy 3 are granted, this policy will be met. Of
the four properties in this proposed CAD three, or 75 percent have existing
homes served by septic tank systems.
Policy 3.
"A Participant Parcel may not have more than two (2) dwellings to participate
in a CAD."
In the Flora Street case, two of the four parcels are developed with three units
each, a single family home and a duplex. To grant an exception to Policy 3
would cause no harm while furthering the goals of the total CAD policies, that
general policy of geuing older homes off of septic systems. If zoning codes
would allow it, those properties with three units would be divided,
Page lIof 12
simultaneously making the proposed Flora Street CAD conform to both Policy
l, five parcels minimum, and Policy 3, no more that two units to a parcel.
There need be little concern over setting a precedent by granting an exception
to Policy 3. Probably over 95 percent of other properties in or adjacent to the
Central Contra Costa Sanitary District that may be future prospects for CAD's
are single-family homes. The remainder is most likely duplexes or single-
family homes with in law units. It may be that the Flora Street properties are
unique in the District in that there are more than two units on a parcel and they
are served by septic tank systems. If there are others they are few. We do
know that Contra Costa County and the cities that are served by Central
Contra Costa Sanitary District are not allowing new multiple unit buildings to
be connected to septic tank systems, so new exceptions are not being created.
In summary, the undersigned Flora Street homeowners request that the Board of Directors of
the Central Contra Costa Sanitary District grant our appeal, approve the exceptions to the
three CAD formation policies above, and approve the formation of the Flora Street
Contractual Assessment District. Granting this appeal would do no harm and would advance
the Sanitary District and community goals of public health, pollution control and
environmental protection.
Your consideration of this matter would be most appreciated.
Sincerely,
a;B J.
~rraine Bra";?
~C)'f'('~ ~"'( ~
DudleYK~~s ~7
/T-~'" // ~ f A::"__
'~~C ( .
Jackie Knisley
9'u~~<:~
Albert ~ {/
(/L~
Jerry Anne Morris
f~~ 'J/t~
Page 12 of 12
,
,
9
,
I
- ,
I
I
,
I
I
,
I
,
,
I
,
f
!:f; :
<( :
f
I
.0
I
o
I
,
,
,
f
,
,
f
I
I
I
,
,
,
,
f
,
,
,
,
f
I
f
I
f
,
I
f
f
I
I
... .. I
-"'-... 0
..-.....
~
~
1
-J
<(
,
I
I
f
I
I
I
I 0
f '
I f
, ,
I I
, :
f f
, ,
I f
, f
I ,
, ,
I I I
, ,
I I
, I
, ,
I I
, I
, ,
, I
j I
I ,
I ,
, ,
, ,
, I
.8
j
'"
r
'"
~
Central Contra Costa
Sanitary District
~
:t
~
t
eR
f
,
,
I
I
,
o
f
,
f
I
I
,
I
,
"---0-
f --.........___
I ----______
: ---.0
f
f
,
,
~-....
..-.
: -.....---.
I
,
I
f
,
I
0-__
,
,
,
,
,
,
,
,
I
I
f
f
,
,
I
MORRIS
(UNDfllELOPED)
1-.
BERRELL
ST
"'+
"
LOCATION MAP
N.T.S.
McDONALD
1 DUPLEX
(SEWERED)
.'
..
C/
.
.
.
f
.
.
0....
(f) .. ....
:t. ....
~
,
I
I
I
I
I
I
.
0..
FIGUEREDO
3 SFR
(UNSEWERED)
o
I
~
N
,
LEGEND:
160
.....-... DISTRICT
BOUNDARY
'.0-- EXIST.
SEWER
FEET
Attachment
FLORA STREET PROPERTIES
IN MARTINEZ
1
FLORA STREET
ISSUES
~ GROUP OF PROPERTIES IS NOT ELIGIBLE FOR CAD
PROGRAM
~ PROPOSED GRAVITY SEWER CREEK CROSSING
DOES NOT MEET DISTRICT STANDARDS
U:\Admin\Swanson\Flora Street\Overheads 2_19_ 01.wpd
CAD FORMATION CRITERIA
CRITERION
FLORA STREET
PROPERTIES
MORE THAN 5 PROPERTIES
4 PROPERTIES
MINIMUM OF 600/0 OF PROPERTIES
with HOME & SEPTIC SYSTEM
75% DEVELOPED
1 VACANT
3 DEVELOPED
NOT MORE THAN 2
DWELLINGS I PROPERTY
1 with 2 DWELLING UNITS
2 with 3 DWELLING UNITS
U:\Admin\Swanson\F1ora Street\Flora St CAD.wpd
FLORA STREET
J!ROPERTIES
~ PROPERTIES ADJACENT TO ALHAMBRA CREEK
~ ACCESS VIA BRIDGE FROM FLORA STREET
~ HOMES SERVED BY SEPTIC TANKS 40 - 55 YEARS
OLD
~ Knisley
~ Bray
~ Morris
2 Systems
1 System
2 Systems
~ PROPERTIES ARE OWNER-OCCUPIED
~ OTHER DWELLING UNITS ARE RENTALS
U :\Admin\Swanson\Flora Street\Overheads 2_19_01 .wpd
FLORA STREET
SEWERING ALTERNATIVES
~ GRAVITY SEWER ACROSS ALHAMBRA CREEK AT
B STREET
~ INDIVIDUAL PUMP STATIONS AND FORCE MAINS
ACROSS ALHAMBRA CREEK AT FLORA STREET
~ PUMP STATION AND FORCE MAIN ACROSS OR
UNDER ALHAMBRA CREEK
U :\Admin\Swanson\Flora Street\Overheads 2_1 9_01 . wpd
.
.
I
FLORA STREET
TECHNICAL CONSIDERATIONS
~ CREEK CROSSING REQUIRED
~ DISTRICT STANDARD IS TO BE ABOVE IOO-YEAR
STORM WATER LEVEL
~ PROPOSED GRAVITY CREEK CROSSING WOULD BE
BELOW 25- YEAR STORM WATER LEVEL
· MORE EXTENSIVE DESIGN. AND
CONSTRUCTION
· ADDITIONAL MAINTENANCE
· ADDITIONAL LIABILITY
U :\Admin\Swanson\Flora Street\Overheads 2_19_01 . wpd
..
..
nUl
FLORA STREET
APPEAL
BOARD ALTERNATIVES
~ UPHOLD STAFF DECISION
~ REVERSE STAFF DECISION
~ DEFER ACTION
U :\Admin\Swanson\F1ora Street\Overheads 2_' 9_0' . wpd
...
.
OTHER GRAVITY CREEK CROSSINGS
IN MARTINEZ
~ SOTO STREET
~ BERTOLA STREET
~ D STREET
~ F STREET
~ J STREET
~ ARREBA STREET (Removed 1991)
U :\Admin\Swanson\Flora Street\Overheads 2_1 9_01 . wpd
PUBLIC HEARING TO RECEIVE COMMENTS ON
VINE HILL WAY CONTRACTUAL ASSESSMENT DISTRICT NO. 99-3
SUGGESTED AGENDA
APRIL 19, 2001
I. Request staff report
II. Public Hearing
A. State Purposes of Public Hearing
1. Announce Tabulation of Ballots
2. Consider Testimony on Resolution of Intention and Engineer's Report
B. Open Public Hearing
C. Request Staff to Announce Results of Ballots
D. Receive Public Comments
E. Request Staff Response as Appropriate
F. Close Public Hearing
III. Board Deliberation Leading to:
· Adoption of Three Resolutions
· Authorization to Execute an Agreement
· Authorization to Allocate Funds
U:\CAD\VineHiII Way\hearin-'.wpd
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: April 19, 2001
No.: 4.b. HEARINGS
Type of Action: CONDUCT PUBLIC HEARING; ADOPT RESOLUTIONS; AUTHORIZE
AGREEMENT
Subject: CONDUCT A PUBLIC HEARING; ADOPT A RESOLUTION OVERRULING
PROTESTS; ADOPT A RESOLUTION CONFIRMING COMPLIANCE WITH CALIFORNIA
CONSTITUTION, ARTICLE XIIID, SECTION 4; ADOPT A RESOLUTION APPROVING
ENGINEER'S REPORT AND ASSESSMENT AND ORDERING IMPROVEMENT; AND
AUTHORIZE EXECUTION OF AGREEMENT WITH VINE HILL WAY PARCEL OWNERS IN
CONJUNCTION WITH THE VINE HILL WAY CONTRACTUAL ASSESSMENT DISTRICT
NO. 99-3
Submitted By:
Curtis Swanson, Division Manager
Initiating Dept ./Div. :
Engineering/Environmental Servo s
REVIEw,n ND RECOMMENDED FOR BOARD AC.T...l0.N.:. ~'...'
fJ ~ ,4}
ii,'.,/..'-:;' J
t.'/""~.'-'-'
.... ~ ( ~
C. Swanson A. Farr II . : R. Ali":
ISSUE: A public hearing must be conducted to consider objections and inquiries regar ing
the proposed assessment, the Resolution of Intention, the Engineer's Report, annexation,
and any other comments regarding Vine Hill Way Contractual Assessment District No. 99-
3 (CAD No. 99-3).
RECOMMENDATION: Conduct a public hearing. Adopt resolutions and authorize an
agreement to implement Vine Hill Way CAD No. 99-3.
FINANCIAL IMPACTS: The estimated total project cost is $105,091. The District will be
reimbursed for this project cost over a 10-year assessment period. The District has
authorized $1,000,000 for CADs in 2000-01. If approved, the Vine Hill Way CAD will be
the fourth CAD funded in 2000-01. If approved, there will be $553,079 available for
other CADs.
AL TERNA TIVES/CONSIDERA TIONS:
1 . Continue this item to receive additional public comment or allow additional
deliberation.
2. Withhold or delay approval of the project.
4/12/01
U:\CAO\VineHiII Way\PubHear.PP.wpd
Page 1 of 1 2
POSITION PAPER
Board Meeting Date: April 19, 2001
Subject: CONDUCT A PUBLIC HEARING; ADOPT A RESOLUTION OVERRULING
PROTESTS; ADOPT A RESOLUTION CONFIRMING COMPLIANCE WITH CALIFORNIA
CONSTITUTION, ARTICLE XIIID, SECTION 4; ADOPT A RESOLUTION APPROVING
ENGINEER'S REPORT AND ASSESSMENT AND ORDERING IMPROVEMENT; AND
AUTHORIZE EXECUTION OF AGREEMENT WITH VINE HILL WAY PARCEL OWNERS IN
CONJUNCTION WITH THE VINE HILL WAY CONTRACTUAL ASSESSMENT DISTRICT
NO. 99-3.
BACKGROUND: A group of five parcel owners on Vine Hill Way in Martinez have
requested that the District form a contractual assessment district for the purpose of
financing and constructing a public sewer system that will benefit their properties. The
Vine Hill Way CAD meets all of the criteria for formation of a contractual assessment
district. The Board of Directors adopted a Resolution of Intention to form a contractual
assessment district on November 4, 1999. The proposed sewer includes approximately
500 linear feet of 8-inch sewer main and one manhole that will serve the proponents' five
existing properties, all of which have existing homes presently relying on septic tanks. A
map showing the proposed boundary and the proposed sewer location is presented as
Attachment A.
On November 4, 1999, the Board of Directors adopted a resolution directing the
preparation of a report for a Contractual Assessment District known as Vine Hill Way CAD
No. 99-3. A report has been prepared, and assessments have been estimated. (The
Engineer's Report is bein-g provided to the Board under separate cover.) On March 15,
2001, the Board of Directors set a public hearing for April 19, 2001. Since assessments
are proposed to be levied on properties, the procedural requirements of Proposition 218
do apply. Compliance with these requirements has been included in the documents and
actions proposed for Board consideration. In order to continue the process for Vine Hill
Way CAD No. 99-3 the following actions are necessary:
1 . Conduct a public hearing to:
a. announce the tabulation of ballots submitted by owners of each
affected parcel indicating approval or opposition to the proposed
assessment;
b. consider public testimony on the Resolution of Intention and the
Engineer's Report; and
c. consider public testimony related to annexation of the affected
parcels to the District.
4/12/01
U:\CAD\ VineHiII Way\PubHear .PP. wpd
Page 2 of 1 2
POSITION PAPER
Board Meeting Date: April 19, 2001
Subject: CONDUCT A PUBLIC HEARING; ADOPT A RESOLUTION OVERRULING
PROTESTS; ADOPT A RESOLUTION CONFIRMING COMPLIANCE WITH CALIFORNIA
CONSTITUTION, ARTICLE XIIID, SECTION 4; ADOPT A RESOLUTION APPROVING
ENGINEER'S REPORT AND ASSESSMENT AND ORDERING IMPROVEMENT; AND
AUTHORIZE EXECUTION OF AGREEMENT WITH VINE HILL WAY PARCEL OWNERS IN
CONJUNCTION WITH THE VINE HILL WAY CONTRACTUAL ASSESSMENT DISTRICT
NO. 99-3.
2. If, at the close of the hearing, the Board finds that protests and ballot
opposition are insufficient, the following resolutions may be considered and
adopted:
a. Resolution overruling protests of improvement (Exhibit B).
b. Resolution confirming compliance with California Constitution, Article
XIIID, Section 4 (Exhibit C).
c. Resolution approving the Engineer's Report, assessments, and
ordering improvement (Exhibit D).
The hearing also serves as a public hearing for annexation purposes as required by LAFCO.
An agreement between the owners and the District is needed to establish the rights and
obligations of both parties. District Counsel has prepared such an agreement in which the
owners agree to:
· assessments being placed on their property tax bills;
· pay the assessments;
· accept total responsibility for the design and construction of the sanitary
sewer extension;
· require the contractor who is selected by the owners to maintain certain
insurance coverage;
· accept total responsibility for the costs associated with the sanitary sewer
extension, including interest for District financing; and
· have the sanitary sewer extension constructed in accordance with District
standards.
The District will:
· finance the costs of the sanitary sewer extension;
· accept the work of the contractor, provided the work is done in accordance
with District standards;
4/12/01
U:\CAD\VineHiII Way\PubHear.PP.wpd
Page 3 of 12
POSITION PAPER
Board Meeting Date: April 19, 2001
Subject: CONDUCT A PUBLIC HEARING; ADOPT A RESOLUTION OVERRULING
PROTESTS; ADOPT A RESOLUTION CONFIRMING COMPLIANCE WITH CALIFORNIA
CONSTITUTION, ARTICLE XIIID, SECTION 4; ADOPT A RESOLUTION APPROVING
ENGINEER'S REPORT AND ASSESSMENT AND ORDERING IMPROVEMENT; AND
AUTHORIZE EXECUTION OF AGREEMENT WITH VINE HILL WAY PARCEL OWNERS IN
CONJUNCTION WITH THE VINE HILL WAY CONTRACTUAL ASSESSMENT DISTRICT
NO. 99-3.
· place assessments on owners' tax bills;
· record as liens on the participants' properties the obligation of each
participant to pay assessments; and
· be reimbursed in full by receiving payments, including interest, for the total
amount financed from owners over a ten-year period.
The agreement has been executed by all five affected parcel owners. It is appropriate,
therefore, to authorize the General Manager to execute the agreement on behalf of the
District.
The estimated cost of the Vine Hill Way CAD No. 99-3 is $105,091. A summary of
project costs is shown in Exhibit E. Funding for this CAD is included in the 2000-01
Capital Improvement Budget (CIB) on page CS 62 & 63. The District has authorized
$1,000,000 for CAD projects during Fiscal Year 2000-01. If the Board approves the Vine
Hill Way CAD 99-3, the District will have committed $446,921 for CAD Projects and there
will be $553,079 available for other CADs.
Staff has concluded that this project is exempt from the California Environmental Quality
Act (CECA) under District CEQA Guidelines, Section 5.2(b)(3), since it can be seen with
certainty that there is no possibility that the activity in question may have a significant
adverse effect on the environment. This certainty is based on the District's past
experience with numerous similar sewer construction projects, the developed nature of
the project environment, and the limited service area of the project (no potential for
growth inducement). Approval of the Engineer's Report will establish the Board of
Directors' independent finding that this project is exempt from CEQA.
RECOMMENDED BOARD ACTION: If a majority protest is not filed and if less than a
majority of returned ballots from affected parcel owners oppose the assessment, staff
recommends that the Board of Directors take the following actions:
· Conduct public hearing.
· Adopt a resolution overruling protests.
4/12/01
U :\CAD\ VineHill Way\PubHear .PP. wpd
Page 4 of 1 2
POSITION PAPER
Board Meeting Date: April 19, 2001
Subject: CONDUCT A PUBLIC HEARING; ADOPT A RESOLUTION OVERRULING
PROTESTS; ADOPT A RESOLUTION CONFIRMING COMPLIANCE WITH CALIFORNIA
CONSTITUTION, ARTICLE XIIID, SECTION 4; ADOPT A RESOLUTION APPROVING
ENGINEER'S REPORT AND ASSESSMENT AND ORDERING IMPROVEMENT; AND
AUTHORIZE EXECUTION OF AGREEMENT WITH VINE HILL WAY PARCEL OWNERS IN
CONJUNCTION WITH THE VINE HILL WAY CONTRACTUAL ASSESSMENT DISTRICT
NO. 99-3.
. Adopt a resolution confirming compliance with California Constitution, Article XIIID,
Section 4.
. Adopt a resolution approving the Engineer's Report, assessments, and ordering
improvement.
. Authorize the General Manager to execute an agreement with the Vine Hill Way
parcel owners.
4/12/01
U:\CADWineHill Way\PubHear.PP.wpd
Page 5 of 12
c:
""
-c
C
>-
c
~
:E
<l>
c:
.;;
/
"'-
c
E
~ ~ Z
::l
c
8 00 W
~ I
8- FEET
E
V
"'-
en
~ Central Contra Costa
Sanitary District
AD
~
N
Z EZ '
MAP
I PROPOSED
CAD AREA
EXISTING
SEWER
PLANNED
CAD SEWER
*
CAD
PARTICIPANTS
;::
PROPOSED BOUNDARY
OF VINE HILL WAY
CAD NO. 99-3
DISTRICT PROJECT NO. 5513
Attachment
5
o
N
Q::
!It
6
A
Page 6 of 12
RESOLUTION NO.
EXHIBIT B
RESOLUTION OVERRULING PROTESTS
VINE HILL WAY CONTRACTUAL ASSESSMENT DISTRICT NO. 99-3
The Board of Directors of the Central Contra Costa Sanitary District resolves:
On April 19, 2001, the Board of Directors held a public hearing on the Resolution of
Intention and the Engineer's Report on the proposed improvement in Vine Hill Way
Contractual Assessment District No. 99-3.
At or before the time set for hearing, certain interested persons made or may have
made protests or objections to the proposed improvement, the extent of the Contractual
Assessment District, or the proposed assessment.
The Board hereby overrules each of these protests, written or oral.
The Board finds that the protest against the proposed improvement (including all
written protests not withdrawn in writing before the conclusion of the protest hearing) is
made by the owners of less than one half of the area of the land to be assessed for the
improvement.
PASSED AND ADOPTED this 19th day of April, 2001, by the Board of Directors of
the Central Contra Costa Sanitary District by the following votes:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
President of the Board of Directors,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
Secretary, Central Contra Costa
Sanitary District, County of Contra Costa,
State of California
APPROVED AS TO FORM:
Kenton L. Aim,
District Counsel
Page 7 of 1 2
EXHIBIT C
RESOLUTION NO.
RESOLUTION CONFIRMING COMPLIANCE WITH
CALIFORNIA CONSTITUTION, ARTICLE XIIID, SECTION 4
VINE HILL WAY CONTRACTUAL ASSESSMENT DISTRICT NO. 99-3
The Board of Directors of the Central Contra Costa Sanitary District resolves:
1. The Board set 2 p.m. on April 19, 2001, at the Meeting Room of the Board
of Directors, 5019 Imhoff Place, Martinez, California, as the time and place for a public
hearing pursuant to California Constitution, Article XIIID, Section 4.
2. Pursuant to Article XIIID of the California Constitution, as amended by
Proposition 218, commonly known as the "Right to Vote on Taxes Act," notice of the
proposed assessment was provided to all owners of affected parcels within the District,
which notice contained a ballot whereby each owner could indicate support or opposition
to the proposed assessment.
3. At the time and place for which notice was given, the Board of Directors
conducted a public hearing, pursuant to California Constitution, Article XIIID, Section 4,
and gave every person present an opportunity to comment on and object to the amount
of the proposed assessment.
4. The Board finds that less than a majority of parcel owners who returned
ballots, weighted by financial obligation, opposed the proposed assessment.
PASSED AND ADOPTED this 19th day of April, 2001, by the Board of Directors of
the Central Contra Costa Sanitary District by the following votes:
AYES:
NOES:
ABSENT:
Members:
Members:
Members:
President of the Board of Directors,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
Secretary, Central Contra Costa
Sanitary District, County of Contra Costa,
State of California
APPROVED AS TO FORM:
Kenton L. Aim,
District Counsel
Page 8 of 12
EXHIBIT D
RESOLUTION NO.
RESOLUTION APPROVING ENGINEER'S REPORT AND ASSESSMENT
AND ORDERING IMPROVEMENT
VINE HILL WAY CONTRACTUAL ASSESSMENT DISTRICT NO. 99-3
The Board of Directors of the Central Contra Costa Sanitary District resolves:
This Board has taken a series of actions preliminary to ordering the improvement in
the Vine Hill Way Contractual Assessment District No. 99-3, Central Contra Costa
Sanitary District, Contra Costa County, California, and now makes the following findings
and orders:
1. The Board adopted a map showing the boundaries of the land benefitted by
the proposed improvement. A copy of the boundary map was filed in the office of the
County Recorder of the County of Contra Costa in the Book of Maps of Assessment and
Community Facilities Districts.
2. The Board adopted its Resolution of Intention to order the improvement
described therein under the Municipal Improvement Act of 1911, and directed Curtis W.
Swanson, Environmental Services Division Manager, as the Engineer of Work for the
Assessment District, to prepare the report required by Section 5989.22 of the Streets and
Highways Code.
The improvement is generally described as follows:
Construction and installation of approximately 500 linear
feet of sanitary sewer line, together with appurtenant work
and facilities located at Vine Hill Way in Martinez, California.
3. The Board called a hearing of protests on the Vine Hill Way Contractual
Assessment District No. 99-3. Notice of the hearing was given by publication, by street
posting, and by mailing to affected parcel owners, all according to the Municipal
Improvement Act of 1911. Affidavits of publication, posting, and mailing were filed with
the Secretary of the District.
4. At the time and place for which notice was given, the Board of Directors
conducted a public hearing pursuant to Section 5898.26 of the Streets and Highways
Code, which included a summary of the Engineer's Report and gave every person present
an opportunity to comment on and object to the proposed Contractual Assessment
Program improvement and the extent of the Assessment District.
Page 9 of 1 2
5. The Board further finds that written protests against the proposed
improvement have not been made by owners representing more than one half of the area
of the land to be assessed for the improvement.
6. The documents and events described in paragraphs 1 to 4, inclusive, are
stated here in tabular form, with their dates and, where appropriate, their numbers. All
documents are now on file with the District except as otherwise noted.
Document or Event
~
11/4/99
11/4/99
1 /24/01
3/28/01
3/28/01
Pending
Number
or Action
a. Resolution of Intention
b. Resolution Approving Boundary Map
c. Boundary Map Filed with County Recorder
d. Certificate of Mailing Notice of Improvement
e. Certificate of Posting Notice of Improvement
f. Affidavit of Publication of Notice of Improvement
Filed
7. The Board approves the Engineer's Report and each component part of it,
including each exhibit incorporated by reference in the report.
8. The Board finds that the Engineer of Work, in the Engineer's Report has fairly
and properly apportioned the cost of the improvement to each parcel of land in the
Assessment District in compliance with the agreement between the owners and in
proportion to the special benefits derived by each parcel, in relationship to the entirety of
the capital cost of the improvement. The Board hereby confirms and levies each individual
assessment as stated in the Engineer's Report.
9. The Board orders the improvement described in paragraph 2 and as detailed
in the Engineer's Report.
10. According to Section 10603 of the Streets and Highways Code, the Board
designates the District Controller to collect and receive payment of the assessments.
11. The Board independently finds that this project is exempt from the California
Environmental Quality Act (CEQA) under District CECA Guidelines, Section 5.2(b)(3), since
it can be seen with certainty that there is no possibility that the activity in Question may
have a significant adverse effect on the environment. This certainty is based on the
District's past experience with numerous similar sewer construction projects, the
developed nature of the project environment, and the limited service area of the project
(no potential for growth inducement).
Page 10 of 1 2
PASSED AND ADOPTED this 19th day of April, 2001, by the Board of Directors of
the Central Contra Costa Sanitary District by the following votes:
AYES:
Members:
NOES:
Members:
ABSENT:
Members:
President of the Board of Directors,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
Secretary, Centr.al Contra Costa
Sanitary District, County of Contra Costa,
State of California
APPROVED AS TO FORM:
Kenton L. Aim,
District Counsel
Page 11 of 1 2
Construction
Engineering
District Services
TOTAL
SUMMARY OF PROJECT COSTS
VINE HILL WAY CAD NO. 99-3
$85,000
1 5,000
5.091
$105.091
EXHIBIT E
Page 1 2 of 1 2
CONTRACTUAL ASSESSMENT DISTRICTS
BOARD DECISION POINTS
1. Initiate Formation of CAD
2. Conduct Public Hearing; Approve Engineer's
Report and Assessment; Order Improvement
3. Confirm and Levy Final Assessments
U: \CAD\BoardDec.OH. wpd
"0
ti
o
~
:c
'"
<=
.;;
,,-
a.
o
E
:::
~
III
o
o
o
,,-
III
a.
o
~
u
"!-
o
o
N
0:
~
6
""
AD
~
N
Z EZ '
-- Z
I PROPOSED
. CAD AREA
EXISTING
SEWER
PLANNED
CAD SEWER
CAD
PARTICIPANTS
*
o 80
,
160
,
FEET
Central Contra Costa
Sanitary District
Attachment
PROPOSED BOUNDARY
OF VINE HILL WAY
CAD NO. 99-3
DISTRICT PROJECT NO. 5513
A
Page 6 of 12
VINE HILL WAY CAD 99-3
. SERVES 5 PROPERTIES
. 5 INTERESTED OWNERS
. 500 FEET OF 8-INCH SEWER
. 1 MANHOLE
. ESTIMATED COST - $105,091
. COST / PARTICIPANT
. LUMP SUM $21,018
. ANNUAL ASSESSMENT $ 2,981
U:\CAD\CAD Entrada Verde 2_15.wpd
0 0 0 ~ ~ en
0 0 M en N ('.
~ 0 ~ en 0
.. .. .. .. ..
L!) <0 0 L!) <0 M
q- <0 M 0 q- L!)
en ~ ~ ~ q- L!)
I- -<I> -<I> -<I>
U
-
a:: ~
l- e
en e
- N
C
l- e
z e
w e
~N
enC)
enz
w_
we::
en::)
<cO ~
N
..JO 0 co M +-'
<Cw a>
=>> 0 0 0)
0 0 0 '"C
1-0 N 0 0 en :J
Ue:: en a>
0 0 N +-' co
<Cc.. N 0 co
a::c.. <( 0 <( 0 0)
I-<C u 0 <( c
<( U 0 .-
z u c
>- U +-' .-
0 co a> >- co
U $ co u co co E
$ +-'
'"C co 0 a>
-
co co a.. - l- e::
+-' s- - .",
.- s- +-' ~
C a> c I vi
Cij
a> U a> >
s- a> e
0) 0-
:J co C 0-
a> -<
co .- .- -
> a: > I
.....J 0
0
0
N
a
-<
y
a
-<
y
j
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: April 19, 2001
No.: 6.a. BIDS AND AWARDS
Type of Action: AUTHORIZE AWARD/AUTHORIZE AGREEMENT
Subject: AUTHORIZE AWARD OF CONSTRUCTION CONTRACT TO WAYNE G.
SCHLOSSER CONSTRUCTION, INCORPORATED, FOR THE LAFAYETTE
SEWER RENOVATION PROJECT, PHASE 2, DISTRICT PROJECT
NO. 5166; AUTHORIZE THE PRESIDENT OF THE BOARD OF DIRECTORS
AND THE SECRETARY OF THE DISTRICT TO EXECUTE AN AGREEMENT
WITH THE CITY OF LAFAYETTE FOR PAVING
Submitted By:
Wesley Adams, Senior Engineering
Assistant
Initiating Dept./Div. :
Engineering Department / Capital Projects
Division
W. Adams
W. Brennan
~
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
..JJJ.-
~
~
ISSUE: On April 10, 2001, sealed bids were received and opened for constructi n of the
\
Lafayette Sewer Renovation Project, Phase 2, District Project No. 5166. The Board of
Directors must authorize award of the contract or reject bids within 50 days of bid
opening. Board of Directors' authorization is required for Agreements with other public
agencies.
RECOMMENDATION: Authorize award of a construction contract. Authorize Board
President and the Secretary of the District to execute an agreement with the City of
Lafayette for paving.
FINANCIAL IMPACTS: Approximately $1,638,000, including design, bid price,
contingency, and construction management.
ALTERNATIVES/CONSIDERATIONS: Reject all bids, which is not recommended.
BACKGROUND: The District's 1,400 miles of collection sewers has pipe segments that
range in age from new to over 100 years old. Some of these pipe segments are at the
end of their useful life. This is evidenced by high maintenance costs and increases in call-
outs by Collection System Operations Department (CSOD). Over 300 miles of small
diameter sewers were constructed more than 40 years ago throughout the District, and
the majority of sewers within the City of Lafayette fall into this category.
4/11/01
I :\Design\Position Papers\5166\51 66Award. W A. wpd
Page 1 of 7
POSITION PAPER
Board Meeting Date: A 1 1Q 2001
pri J'
Subject:
AUTHORIZE AWARD OF CONSTRUCTION CONTRACT TO WAYNE G.
SCHLOSSER CONSTRUCTION, INCORPORATED, FOR THE LAFAYETTE
SEWER RENOVATION PROJECT, PHASE 2, DISTRICT PROJECT NO.
5166; AUTHORIZE THE PRESIDENT OF THE BOARD OF DIRECTORS AND
THE SECRETARY OF THE DISTRICT TO EXECUTE AN AGREEMENT WITH
THE CITY OF LAFAYETTE FOR PAVING
The District implemented the sewer renovation program in 1991. Since that time an
annual allowance for this program has been included in the Capital Improvement Budget
and Plan. This program is an ongoing series of projects. Candidate sewer line segments
are identified, evaluated, and placed on a priority list for replacement and/or renovation.
The Lafayette Sewer Renovation Project will renovate or replace the most critical line
segments identified in the City of Lafayette.
In Fall, 2000, the City of Lafayette indicated to the District its plans to repave/reconstruct
in Calendar Year 2001 several of the roads (North Thompson, Glen, Orchard and Oak Hill
Roads) in which some of these critical line segments are located. Once repaved, the City
has a five year moratorium on trenching. The District's Phase 2 project will reconstruct
the sewers in these areas ahead of the City's project. To reduce repeated future impacts
on residents, critical line segments in the same vicinity have been added to the District's
Phase 2 project bringing the total footage of sewer to be replaced/rehabilitated to
approximately 7,000 LF (see Attachment 1 for map).
To further reduce impacts on the residents and to leave the public roads in good condition
after construction, staff has negotiated with the City a cost sharing agreement for
pavement restoration in the amount of $90,000 ($30,000 represents the cost the District
would have expended on final paving and restoration, and $60,000 represents the cost
the District would have expended on restoration of our failed trench on Glen Road). Under
the agreement, the City's paving contractor will do all the final paving and street
restoration of the sewer trench sections. A similar cost sharing agreement for $10,000
has been negotiated with the Soares Lane Homeowners.
The plans and specifications for this project were prepared by District staff. The
engineer's estimate for construction of Phase 2 is $1,500,000. This project was
advertised on March 22 and 28, 2001. Five sealed bids ranging from $917,779 to
$1,594,071 were received and publicly opened on April 10, 2001. A summary of bids
received is shown in Attachment 2. The Capital Projects Division staff conducted a
technical and commercial review of the bids and determined that the bid submitted by
Wayne G. Schlosser Construction, Incorporated, is the lowest responsible bid.
4/11/01
1:\Design\Position Papers\51 66\51 66Award.WA.wpd
Page 2 of 7
POSITION PAPER
Board Meeting Date: Apri' 19, 2001
Subject:
AUTHORIZE AWARD OF CONSTRUCTION CONTRACT TO WAYNE G.
SCHLOSSER CONSTRUCTION, INCORPORATED, FOR THE LAFAYETTE
SEWER RENOVATION PROJECT, PHASE 2, DISTRICT PROJECT NO.
5166; AUTHORIZE THE PRESIDENT OF THE BOARD OF DIRECTORS AND
THE SECRETARY OF THE DISTRICT TO EXECUTE AN AGREEMENT WITH
THE CITY OF LAFAYETTE FOR PAVING
The District will administer the construction contract and will provide contract
administration, inspection, survey, office engineering, and shop drawing review. The
funds required to complete this project, as shown in Attachment 3, are $1,398,000. The
total cost of the Lafayette Sewer Renovation Project, Phase 2, is anticipated to be
$1,638,000. Included in the total cost is $100,000 for final paving of the streets which
will be performed by the City of Lafayette paving contractor and the Soares Lane
Homeowners.
Construction of the improvements to the Lafayette sewers is included in the fiscal year
1999-2000 Capital Improvement Budget (CIB) on pages CS-57 through CS-61. Staff has
conducted a cash flow analysis of the Sewer Construction Fund and concluded that
adequate funds are available for this project.
Staff has concluded that this project is exempt from the California Environmental Quality
Act (CEQA) under District CEQA Guidelines, Section 18.2, since it involves only
alterations of existing facilities with negligible or no expansion of capacity. Authorization
of the construction contract for this project will establish the Board of Directors'
independent finding that the project is exempt from CEQA.
RECOMMENDED BOARD ACTION: Authorize award of a construction contract in the
amount of $917,779.25 for construction of the Lafayette Sewer Renovation Project,
Phase 2, D.P. 5166, to Wayne G. Schlosser Construction, Incorporated, the lowest
responsible bidder. Authorize the President of the Board of Directors and the Secretary
of the District to execute an agreement with the City of Lafayette for paving.
4/11/01
1:\Design\Position Papers\5166\5166Award.WA.wpd
Page 3 of 7
RD
E
GLEN RD
LINCOLN WAY
c
'"
"
~
"0
.0
<D
<D
:;;
..-
.r=
u
.):
"0
..-
.0
<D
<D
:;;
-;;;
'"'
en
"0
u
~ Central Contra Costa
Sanitary District
~~
"
0 4000 8000
, ,
FEET
Attachment
N
g
LAFAYETTE SEWER RENOVATION
PHASE 2, X5166B
1
5
o
N
'"
!Ii:
to
o
Page 4 of 7
ATTACHMENT 2
Central Contra Costa Sanitary District
SUMMARY OF BIDS
PROJECT NO. X5166 LAFAYETTE SEWER RENOVATION - PHASE 2 DATE APRIL 10. 2001
LOCATION LAFAYETTE. CALIFORNIA ENGR. EST. $ 1.500.000
BIDDER (Name, Telephone & Address) BID PRICE
1 D' Arcy and Harty Construction $ 1,222,805
1300 Carroll A venue
San Francisco, CA 94124
(415) 822-5200
2 D. E. Bianchini, Incorporated $1,447,540
ATTN: DAVE BIANCHINI
339 Borica Place
Danville, CA 94526
(925) 831-0400
3 McGuire and Hester $ 1, 194,990
ATTN:DUANESCHULZE
9009 Railroad Avenue
Oakland, CA 94503
(510) 632-7676 Ext. 122
4 Wayne Schlosser $ 917,779.25
910 Podva Lane
P. O. Box 1087
Danville, CA 94526
(925) 648-2400
5 Don Lemmings $ 1,594,071
1460 Washington Boulevard, C-3
P. O. Box 2173
Concord, CA 94521
(925) 672-5600
BIDS OPENED BY Joyce E. Murphy
DATE April 10 2001 SHEET NO -L OF-L
Page 5 of 7
ATTACHMENT 3
LAFA VETTE SEWER RENOVATION PROJECT, PHASE 2
DISTRICT PROJECT NO. 5166
POST -BID/PRECONSTRUCTION ESTIMATE
ITEM DESCRIPTION
TOTAL
$ 917,779
$ 183,221
PERCENT OF
ESTIMATED
CONSTRUCTION
1 . Construction Contract
2. Contingency at 20.0 percent
3. Joint Paving Projects
. City of Lafayette/CCCSD Joint Paving
. Soares Lane/CCCSD Joint Paving
CONSTRUCTION TOTAL:
$ 90,000
$ 10.000
$ 1,201,000
100.0
4. Construction Management
· District Forces
Construction Management $ 20,000
Contract Administration/Inspection 1 86,500
SUBTOTAL CONSTRUCTION MANAGEMENT: $ 106,500
5. Consultant/Professional Services
· Material Testing $ 10,000
. Arborist $ 2,500
· Geotech 1 5.000
SUBTOTAL CONSULTANT/PROFESSIONAL
SERVICES: $ 17,500
8.9
1.5
6. Engineering and Other Services During Construction
· District Forces
. Office Engineering Services $ 1 2,000
. Record Drawings $ 5,000
. Community Relations $ 1 5,000
. Surveying $ 20,000
. Collection System Operations $ 1,000
. Public Agencies Coordination $ 5,000
CPD-GL-I:\Design\Position Papers\5166\PreconEst,wpd
Page 6 of 7
PERCENT OF
ESTIMATED
ITEM DESCRIPTION TOTAL CONSTRUCTION
. Community Relations Misc. $ 5,000
. Field Office (includes lap-top computer) $ 5,000
. Permit Inspection Fees $ 5.000
SUBTOTAL CONSTRUCTION ENGINEERING: $ 73,000 6.0
CONSTRUCTION MANAGEMENT AND
ENGINEERING TOTAL (ITEMS 4, 5 & 6): $ 197,000 16.4
7. Prebid Expenditures (Planning and Design) $ 240,000 20.0
8. Total Project Cost $1,638,000 136.4
9. Funds Allocated to Date for This Portion of
Work $ 240,000
10 Allocation Required to Complete Project $1,398,000
CPD-GL-I:\Design\Position Papers\5166\PreconEst.wpd
Page 7 of 7
JOINT POWERS AGREEMENT BETWEEN
CITY OF LAFAYETTE
AND
CENTRAL CONTRA COSTA SANITARY DISTRICT
REGARDING
PAVING RESTORATION THOMPSON ROAD AND OAK HILL ROAD AND
TRENCH RESTORATION ON GLEN ROAD
This Agreement dated July 9 ,2001, between the City of Lafayette and Central
Contra Costa Sanitary District regarding paving restoration as part of the City of
Lafayette's "2001 Pavement Management Program" Project #014-96368 provides as
follows:
1. Parties: The City of Lafayette, herein called "City" and the Central Contra Costa
Sanitary District, herein called "District."
2. Purpose and Scope: The City intends to construct roadway improvements along
Thompson Road, Oak Hill Road, and Glen Road ("Roadway Improvements"). These
Roadway Improvements are described in the plans and specifications for the City's
"2001 Pavement Management Program" Project #014-96368. The District
proposes to relocate and replace its sewer to a new location as shown and
described in the plans and specifications for the District's Lafayette Sewer
Renovation Project, Phase 2, D.P. 5166 ("Sewer Renovation").
In addition to replacing deficient sewers in the areas of the City's Roadway
Improvements, the District will provide additional funds to repair the existing
District sewer trench on Glen Road. As part of this Joint Powers Agreement, the
City will expand its Roadway Improvements Project to provide trench repair in
upper Glen Road and install approximately 1,000 lineal feet of drainage ditch along
Thompson Road (Sta 13 + 00 to 23 + 00 described in the Sewer Renovation
Project). The details of these improvements are delineated in Attachment 1.
This Agreement outlines the responsibilities and requirements of the City and the
District to accomplish design and construction of the paving restoration.
3. Definitions of Sewer and Roadway: In this Agreement "sewer" includes all of the
sewer lines, manholes, manhole covers, lower house lateral sewers, clean-outs,
and other appurtenances described in the contract documents (plans and
specifications) prepared for the Lafayette Sewer Renovation Project, Phase 2,
D.P. 5166.
In this Agreement "roadway" includes all of the roadways, storm drains, sidewalks,
landscaping, and other road appurtenances described in the contract documents
(plans and specifications) prepared for the 2001 Pavement Management Program,
Project #014:.96368.
I :\Oesign\Wesley\JointPowersAgreement. wpd
4. Division of Responsibility for Bidding and Construction
a. The City shall perform the tasks related to the Roadway Improvements
work. The work shall include public notification, permit acquisition,
compliance with the California Environmental Quality Act (CEQA) and other
laws related to award of contract, advertisement for bids, and award of
contract for the Roadway Improvements pursuant to applicable law,
including all contract and project administration.
b. The District shall perform the tasks related to the Sewer Renovation work.
The work shall include public notification, permit acquisition, compliance
with the California Environmental Quality Act (CEQA) and other laws related
to award of contract, advertisement for bids, and award of contract for the
Sewer Renovation pursuant to applicable law, including all contract and
project administration.
c. The contract documents for the Roadway Improvements shall include
provisions requiring the successful bidder to (1) name the District, its
directors, officers and employees as additional insured on any required
general liability and automobile insurance policies, and (2) defend,
indemnify, and hold harmless the District, its directors, officers and
employees from liabilities in the same manner as for the City.
d. The contract documents for the Sewer Renovation shall include provisions
requiring the successful bidder to (1) name the City, its council members,
officers and employees as additional insured on any required general liability
and automobile insurance policies, and (2) defend, indemnify, and hold
harmless the City, its council members, officers and employees from
liabilities in the same manner as for the District.
e. If during the construction of Sewer Renovation work there is any change
arising from any cause which would affect the roadway improvements, the
District Engineer shall advise the City Engineer without undue delay. It is
the intent of this paragraph to give the City notice of any change of District
project that would have material affect upon the City's work.
5. Indemnity:
a. The District shall defend, indemnify, save, and hold harmless the City, its
council members, officers, agents, and employees from any and all claims,
demands, suits, costs, liability, and expenses, including reasonable
attorneys' fees, for any damages, injury, sickness or death, including liability
for inverse condemnation, nuisance or trespass (collectively "liability") to the
extent arising out of the District's obligations under this Agreement,
including, but not limited to, the design and performance of the Sewer
Renovation project, public notification, permit acquisition, compliance with
the California Environmental Quality Act (CEQA) and other laws related to
1:\Design\ Wesley\JointPowersAgreement. wpd
2
advertisements for bids and award of contract, and contract and project
administration, except for liability arising through the sole or active
negligence or willful misconduct of the City, its council members, officer,
employees, contractors, or agents.
The City shall defend, indemnify, save, and hold harmless the District, its
directors, officers, agents, and employees from any and all claims, demands,
suits, costs, liability, and expenses, including reasonable attorneys' fees, for
any damages, injury, sickness or death, including liability for inverse
condemnation, nuisance or trespass (collectively "liability") to the extent
arising out of any of the City's obligations under this Agreement, including,
but not limited to, the design and performance of the Roadway
Improvements project, public notification, permit acquisition, compliance
with the California Environmental Quality Act (CEQA) and other laws related
to advertisements for bids and award of contract, and contract and project
administration, except for liability arising through the sole or active
negligence or willful misconduct of the District, its directors, officers,
employees, contractors, or agents.
b. Nothing in this Agreement is intended to affect the legal liability of either
party by imposing any standard of care different from the standard of care
imposed by law.
6. Cos1s.: The District shall pay the City $85,000 for that segment of the paving
restoration that is the subject of this Joint Powers Agreement and is specifically
described in Attachment 1. The District shall pay 100 percent of all costs
associated with the Sewer Renovation project. The City shall pay 100 percent of
all costs associated with the Roadway Improvements project.
7. Payment: Upon completion of the City's Roadway Improvements and receipt of
invoice, the District shall pay the sum set forth in Section 6. The District shall
make its payment to the City within thirty (30) days of receipt of the invoice.
8. Accountability: Both parties shall strictly account for all funds directly related to
this Agreement and shall report to the other, upon request, on all pertinent receipts
and disbursements.
9. Cooperation: The City and District agree to work cooperatively toward the
successful completion of the Joint Project.
10. Modification of Agreement: This Agreement shall be subject to modification only
by a subsequent written agreement executed by both of the parties.
11. Agreement Expiration: Except for the provisions of Section 5, which provisions
shall survive the expiration of this Agreement, this Agreement shall expire upon the
payment of all sums described in Sections 6 and 7 above.
I :\Design\ Wesley\JointPowersAgreement. wpd
3
12. Entire Agreement: This Agreement contains the entire understanding of the parties
concerning its subject matter. Any representation or promise of the parties relating
to the subject matter shall not be enforceable unless it is contained in this
Agreement or in a subsequent written agreement executed by the parties.
13. Successors: This Agreement shall inure to the benefit of and be binding upon the
successors and assigns of both parties.
14. Notices: Any and all notices or documents to be delivered between the parties
shall be deemed delivered: (1) upon hand delivery to the address below; (2) upon
being sent and received via certified mail to the address below as evidenced by
certified mail receipt; (3) upon begin sent via facsimile to the telephone number
below as evidenced by facsimile receipt; or (4) five (5) days after being sent via
first class mail. Facsimile transmission shall be promptly followed by first class
mail. The addresses and facsimile numbers are as follows:
TO THE CITY: Mr. Tony Coe
Engineering Services Manager
City of Lafayette
3675 Mt. Diablo Boulevard, Suite 210
Lafayette, CA 94549
Fax No. 925-284-3169
TO THE DISTRICT: Mr. Alex Rozul
Associate Engineer
Central Contra Costa Sanitary District
5019 Imhoff Place
Martinez, CA 94553
Fax No. 925-228-4624
15. Interpretation: Both parties have had ample opportunity, with the benefit of
counsel, to comment upon the contents of this Agreement; therefore the rule that
ambiguities in contracts are to be construed against the drafter, and any related
rules, shall not apply.
16. Termination: Should District substantially breach this Agreement, the City may
terminate this Agreement by providing the District with at least fifteen (15) days'
advance written notice of termination and of the claimed substantial breach. This
Agreement shall then terminate according to such notice unless District cures such
claimed substantial breach within the period indicated in the notice, which as
stated above shall be at least fifteen (15) days.
17. Attorneys' Fees: In the event either party to this Agreement brings an action to
enforce or interpret this Agreement, the prevailing party in such action shall be
entitled to attorneys' and witnesses' fees, as well as other costs.
1:\Design\ Wesley\JointPowersAgreement. wpd
4
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
in duplicate by officials which the respective parties covenant have full authority to
execute this Agreement. The effective date of this Agreement is when the last party
signs the document; the effective date should be added to the space so indicated on the
first page of this Agreement, once that date is determined.
CENTRAL CONTRA COSTA
SANITARY DISTRICT
CITY OF LAFAYETTE
Date:
?/1J~)
Date:
7 - 2-3 ~O (
APPROVED BY:
BY:~~)) ./J,~
Barbara D. Hockett
President, Board of Directors
,~~
MAYOR
Date:
f/~/O(
DATEr;).)' ~<101,
ATTESTc7(~~
CITY CLERK
~~p~' ~~
Secretary of the District
APPROVED AS TO FORM:
DATE: 7 - 2.3-0 (
-
~
TY ATTORNEY
APPROVED AS TO FORM:
Date: ?--'? -e) (
i~
Kenton L. Aim
Counsel for the District
I :\Design\ Wesley\JointPowersAgreement. wpd
5
ATTACHMENT 1
Pursuant to the plans and specifications for the District's Lafayette Sewer Renovation
Project, Phase 2, D.P. 5166 ("Sewer Renovation") and the 2001 Pavement Management
Program" Project #014-96368.
A. Existing Pavement Condition:
The District is advised that the streets in the Project area have variable pavement
conditions ranging from excellent to poor. The District will select and use
mechanical equipment for this project that will minimize damage to the existing
pavement along the Project site and all roads used to bring material and equipment
to the Project site. The District will replace and repair pavement damaged by
construction activities.
8. Pavement Restoration - District Responsibilities:
The District will provide the following pavement restoration activities:
1. Lines "8," "C," "D," and upper Glen Road of the Sewer Renovation Project.
The District will properly compact the backfill material and apply one inch
of final AC at the end of each day. The District will saw cut the existing
paving for trenching, but no saw cut is required for the final 1-inch
AC paving. No additional pavement removal is required. The District will
maintain 1-inch final AC paving until November 1, 2001.
C. Pavement Restoration - Services Not to be Performed by District:
Pursuant to this Agreement, the District will not provide the following services
described in the City of Lafayette Encroachment Permit:
1 . Installation of a minimum of two inches of cold or hot mix temporary asphalt
in the finished trench, rolled smoothed, at the end of each day;
2. Saw cut of the finished trench an additional 12-inch minimum, each side, to
provide a smooth joint for the new pavement;
3. Provide a final 3-inch trench paving course; and
4. Slurry seal the entire road section.
D. Pavement Restoration - Additional City Responsibilities:
The City will expand its Roadway Improvements Project to provide the following
pavement restoration activities:
I :\Design\ Wesley\JointPowersAgreement. wpd
6
1. The City will provide the necessary additional design, construction and
construction administration/management services in connection with the
expanded roadway improvements for Thompson, Oak Hill, and Glen Roads.
2. On upper Glen Road, and per the city of Lafayette "2001 Pavement
Management Program" Project #014-96368 and Encroachment Permit, the
City will remove the existing AC pavement and three feet of the existing
trench backfill along a portion of Glen Road, from Monticello Road, east for
1,036 lineal feet, and replace with City-approved backfill material and re-
compact the trench backfill and road base, and final pave with a minimum
of three inches of asphalt concrete.
3. The City will also install approximately 1,000 lineal feet of drainage ditch
along Thompson Road (Sta 13 + 00 to 23 + 00 described in the Sewer
Renovation Project).
I :\Design\ Wesley\JointPowersAgreement. wpd
7
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: April 19, 2001
No.: 6. b. B IDS AND AWARDS
Type of Action: AUTHORIZE AWARD
Subject:
AUTHORIZE THE GENERAL MANAGER TO ALLOCATE $111,000 FROM
THE COLLECTION SYSTEM PROGRAM CONTINGENCY ACCOUNT AND
AWARD CONSTRUCTION CONTRACT TO McGUIRE AND HESTER
CONSTRUCTION COMPANY FOR THE ORINDA TRUNK SEWER URGENT
REPAIR PROJECT, DISTRICT PROJECT NO X5530
Submitted By:
Tom Godsey, Associate Engineer
Initiating Dept./Div. :
Engineering Department/Capital Projects
Division
~OdSeY
~
eckl
-WfL
W. Brennan
(J
~"
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
ISSUE: Authorization by the Board of Directors is required for allocations from the
Collection System Program Contingency Account in amounts greater than $25,000. On
April 6, 2001, sealed bids were received and opened for construction of the Orinda Trunk
Sewer Urgent Repair Project, District Project No. X5530. The Board of Directors must
authorize award of the contract or reject bids within 50 days of bid opening.
RECOMMENDATION: Authorize the General Manager to allocate $111,000 from the
Collection System Program Contingency Account, and authorize award of a construction
contract.
FINANCIAL IMPACTS: Approximately $111,000 including construction, contingency, and
construction management.
ALTERNATIVES/CONSIDERATIONS: Reject all bids, which is not recommended.
BACKGROUND: The District began a trunk and interceptor sewer TV inspection program
in February of this year to evaluate corrosion problems in District concrete pipe. The 30-
inch diameter reinforced concrete pipe (RCP) carrying the sewer flow from the Lower
Orinda Pumping Station force main (see Attachment 1 for location) was one of the first
sewers inspected in the program. The TV inspection revealed extensive corrosion
throughout the sewer with a serious localized problem downstream of the junction
structure. The sidewall of the sewer was corroded all the way through, and a void was
clearly visible through the ,corrosion failure. Collection System Operations Department
4/11/01
I :\Design\Position Papers\5 530\AwardPP, wpd
Page 1 of 6
POSITION PAPER
Board Meeting Date: April 19, 2001
Subject: AUTHORIZE THE GENERAL MANAGER TO ALLOCATE $121,000 FROM THE
COLLECTION SYSTEM PROGRAM CONTINGENCY ACCOUNT AND AUTHORIZE
AWARD OF CONSTRUCTION CONTRACT TO McGUIRE AND HESTER CONSTRUCTION
COMPANY FOR THE ORINDA TRUNK SEWER URGENT REPAIR PROJECT, DISTRICT
PROJECT NO X5530
staff responded immediately and cordoned off the paving above the corroded sewer.
Engineering staff fast tracked design for replacement of the worst section of the sewer,
secured permits for the work from CalTrans and the City of Orinda, and advertised the
work on March 22 and March 28, 2001. Four sealed bids were received and publicly
opened on April 6, 2001. A summary of bids received is shown in Attachment 2. Capital
Projects Division staff conducted a technical and commercial review of the bids and
determined that the bid submitted by McGuire and Hester is the lowest responsible bid.
The District will administer the construction contract and will provide contract
administration, inspection, survey, office engineering, and shop drawing review. An initial
allocation of $25,000 was made from the Collection System Program Contingency
Account. The funds required to complete this project, as shown in Attachment 3, are
$111,000.
To minimize the traffic impacts, the 40-feet of 30-inch reinforced-concrete pipe
downstream of the junction structure will be excavated and replaced at night during low
traffic and sewer flow conditions. Concurrently with the replacement of the worst section
of sewer, staff will be evaluating the condition of the junction structure. Depending on
the level of corrosion found, the structure may be rehabilitated as a change order to the
current contract or bid separately. In addition, staff is proceeding with the design to
replace/rehabilitate later this year approximately 1,100 feet of 30-inch line that has been
extensively corroded. Staff will provide a brief presentation on the pipe condition at the
Board Meeting.
This project is not included in the fiscal year 2000-2001 Capital Improvement Budget
(CIB). Funds must be authorized from the Collection System Program Contingency of the
CIB. Staff has conducted a cash flow analysis of the Sewer Construction Fund and
concluded that adequate funds are available for this project.
Staff has concluded that this project is exempt from the California Environmental Quality
Act (CEQA) under District CEQA Guidelines, Section 18.2, since it involves the repair of
an existing facility with no expansion of capacity. Authorization of the construction
4111/01
I :\Design\Position Papers\5530\AwardPP. wpd
Page 2 of 6
POSITION PAPER
Board Meeting Date: April 19, 2001
Subject: AUTHORIZE THE GENERAL MANAGER TO ALLOCATE $121,000 FROM THE
COLLECTION SYSTEM PROGRAM CONTINGENCY ACCOUNT AND AUTHORIZE
AWARD OF CONSTRUCTION CONTRACT TO McGUIRE AND HESTER CONSTRUCTION
COMPANY FOR THE ORINDA TRUNK SEWER URGENT REPAIR PROJECT, DISTRICT
PROJECT NO X5530
contract for this project will establish the Board of Directors' independent finding that the
project is exempt from CEQA.
RECOMMENDED BOARD ACTION: Authorize the General Manager to allocate $111,000
from the Collection System Program Contingency Account, and authorize award of a
construction contract in the amount of $67,200 for construction of the Orinda Trunk
Sewer Urgent Repair Project, District Project X5530 to McGuire and Hester Construction
Company, the lowest responsible bidder.
4/11/01
I :\Design\Position Papers\5530\AwardPP. wpd
Page 3 of 6
<::
..,
~
"
g
'"
'"
/
.<:
<..>
~
o
/
o
...,
'"
'"
/
V>
>,
V>
"0
<..>
/
.:,;, Central Contra Costa
Sanitary District
FEET
Attachment
ORINDA TRUNK SEWER
URGENT REPAIR
D.P. X5530
1
N
52
5
o
N
0::
~
Page 4 of 6
ATTACHMENT 2
Central Contra Costa Sanitary District
SUMMARY OF BIDS
PROJECT NO. X5530 ORINDA TRUNK SEWER URGENT REPAIR DATE APRIL 6.
2001
LOCATION ORINDA. CALIFORNIA ENGR. EST. $ 75.000
BIDDER (Name, Telephone & Address) BID PRICE
1 McGuire & Hester Construction 510-632-7676 $ 67,200
9009 Railroad Ave.
Oakland, CA 94603
2 Horizon Construction Co. 925-372-3606 $148,450
POBox 159
Clayton, CA 94517
3 o R Lemmings 925-672-5600 $ 89,650*
POBox 2173
Concord, CA 94521
4 Mountain Cascade 925-373-8370 $146,389
POBox 5050
Livermore, CA 94551
5 $
6 $
7 $
* Actual total much higher due to clerical error
BIDS OPENED BY Joyce E. Murphy. Secretary of the District DATE April 6, 2001
SHEET NO -L OF -L
Page 5 of 6
ATTACHMENT 3
ORINDA TRUNK SEWER URGENT REPAIR
DISTRICT PROJECT NO. X5530
PROJECT BUDGET
ITEM DESCRIPTION TOTAL PERCENT OF
ESTIMA TED
CONSTRUCT
ION COST
1 Construction Cost $67,200
2 Contingency at 25 % $16,800
Construction Subtotal $84,000 1 00.0 %
3 Project Management/
Contract Administration $2,000
Project Inspection $10,000
Construction Management Subtotal $1 2,000 14.3%
4 Miscellaneous $2,000
Record Drawings $1 ,000
Collection System Operations $1,000
Permits/lnspection by Others $4,000
Materials Testing $4,000
Miscellaneous Subtotal $12,000 14.3%
Construction Management Total $24,000 28.6%
5 Corrosion Evaluation of Junction $8,000 9.5%
Structure
6 Prebid Expenditures $20,000 23.8%
7 Total Project Cost $136,000 161.9%
8 Funds Allocated to Date $25,000
9 Allocation Required to Complete Project $111,000
Page 6 of 6
~
c:
""!
2
a
C>
....
on
on
;-
.s::
u
.2
a
;-
C>
....
on
on
.:;;
..
o
u
~ Central Contra Costa
Sanitary District
o
-
1000
FEET
2000
Attachment
ORINDA TRUNK SEWER
URGENT REPAIR
D.P. X5530
1
N
S2
8
....
Q:
!1l::
.
.
.
.
.
.
-j
I
I
C 0)
.-
..--..... -c
.-
u. '+-
..J -
~ ~
0 en 0
0 .-
.... ...
~ 0 u
~ '+- 0)
~ t/) ...
D.. 0
-c C ....
0 0 D.
0
~ J: .- D.
... ...
~ 0) CO 0
~
0 :ECi) ~
M
0) 0) c. 0)
... E ...
.... CO CO
.- -
... ~ ~ ~ ~ ><
(])
CO CUD.. - z
0)0 CO
O)N >... > t/)
W CO W
... .... 0)
CO 0) }c; ~
....
> E ~
0 0) .... 0) t/)
E .- ... .-
C > C > CO C/)
::)
0) ~ 0) 0 0) 0) 0
oS;
~en ~o ~:aE (])
"-
a...
--
--
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: April 19, 2001
No.: 6.c. BIDS AND AWARDS
Type of Action: AUTHORIZE AWARD
Subject:
AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO KAWEAH
CONSTRUCTION COMPANY FOR THE STANDBY POWER
SUPPLEMENTAL COOLING PROJECT, DISTRICT PROJECT NO. 6138
Submitted By:
James L. Belcher, Senior Engineer
9'~
Initiating Dept./Div. :
Plant Operations/Maintenance
~'\
D RECOMMENDED FOR BOARD ACTION:
ISSUE: On April 5, 2001, sealed bids were received and opened for the Standby ower
Supplemental Cooling Project, District Project No. 6138. The Board of Directors must
authorize the award of the contract or reject bids within 50 days of the bid opening.
RECOMMENDATION: Authorize award of a construction contract to Kaweah Construction
Company.
FINANCIAL IMPACTS: Approximately $215,000 including bid price, contingency, and
construction management.
AL TERNA TIVES/CONSIDERA TIONS: Reject all bids and cancel project or reject all bids and
rebid project.
BACKGROUND: This project addresses the two remaining deficiencies identified for
correction on the two standby power generator sets. The first deficiency, marginal
radiator cooling capacity, limits the amount of electricity that can be generated when the
air temperature rises above 700 Fahrenheit. This project will install a supplemental, water-
cooled, heat exchanger on each of the two diesel generator sets to allow full generating
capacity at air temperatures up to 1050 Fahrenheit. The second deficiency, excessive
radiator fan vibration, has led to numerous belt failures and lack of reliability. This project
will add stiffening to the radiator fan support frame and improve the design of the radiator
fan belt drive. A temporary back-up diesel generator will be provided for the period of
time that the standby power diesel generators are being modified. For the location of this
project, see Attachment 1.
The project was advertised on March 19 and 26, 2001. Two bids, $161,554 and
$165,000, were received and publicly opened on April 5, 2001. A summary of these bids
is shown in Attachment 2. Plant Operations Department staff conducted a commercial
and technical evaluation of these bids and has determined that Kaweah Construction
4/10/01
Page 1 of 5
-
POSITION PAPER
Board Meeting Date: April 19, 2001
Subject:
AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO KAWEAH
CONSTRUCTION COMPANY FOR THE STANDBY POWER
SUPPLEMENTAL COOLING PROJECT, DISTRICT PROJECT NO. 6138
Company is the lowest responsible bidder with a bid amount of $161,554, which is above
the engineer's estimate of $120,000.
Staff has evaluated the bids and determined that the difference in bid price above the
engineer's estimate resulted from:
· Increased costs for the temporary generator due to the extremely tight energy
market this summer, and
· Costs for the heat exchanger escalated due to changes in the design that
reflected additional requirements for cooling and long-term reliability.
Staff feels that there would be little advantage to rebidding the project, since the energy
market will remain tight and the heat exchanger price reflects the required design.
Therefore, staff concludes that it is in the best interest of the public and the District to
accept the bid from Kaweah Construction Company.
Construction management services will be provided by District staff, in conjunction with
WRMS Engineering, Inc.
The additional allocation of funds required to complete this project is $195,000, as shown
in Attachment 3. This project is included in the Fiscal Year 2000-2001 Capital
Improvement Budget (CIB) on pages TP-87 through TP-89. Staff has conducted a cash
flow evaluation of the Sewer Construction Fund and has concluded that adequate funds
are available for this project.
Staff has also concluded that this project is exempt from the California Environmental
Quality Act (CEQA) under District CEQA Guidelines, Section 18.2, since it involves minor
alterations to existing sewage facilities with no increase in capacity. Approval of this
project will establish the Board of Directors' independent finding that this project is
exempt from CEQA.
This project completes the identified corrective work on the standby power diesel
generators for the near term.
RECOMMENDED BOARD ACTION: Authorize the award of a construction contract in the
amount of $161,544 for the Standby Power Supplemental Cooling Project, District
Project No. 6138, to Kaweah Construction Company, the lowest responsible bidder.
4/10/01
Page 2 of 5
-
~
N
~
0 150 300
~
FEET
~ i
! /
! /
g /(
1r.J
II
&
11
II
;I
;I
;I
II
I I
I'
/
;1
II
;/
/
;/
/
,/
Central Contra Costa
Sanitary District
STANDBY POWER SUPPLEMENTAL
COOLING PROJECT
District Project 6138
Project Location
Attachment
1
Page 3 of 5
Central Contra Costa Sanitary District
ATTACHMENT 2
STANDBY POWER SUPPLEMENTAL COOLING PROJECT
DISTRICT PROJECT ~ DP6138
SUMMARY OF BIDS
Date: April 5, 2001
Location: Martinez, California
Engineer's Est:
$120,000
BIDDER (Name & Address) BID PRICE
1 Kaweah Construction Company $ 161,554
2 D.W. Nicholson Corp. $ 165,000
3 $ 0
4 $ 0
Bids Opened By: Joyce Murphy
Date: April 5th, 2001
Sheet: 1 of 1
C\sam\SWG\Standby Power Supplemental Cooling\PosPaper-Summary of Bids. wpd
Page 4 of 5
Central Contra Costa Sanitary District
ATTACHMENT 3
STANDBY POWER SUPPLEMENTAL COOLING PROJECT
DISTRICT PROJECT ~ DP6138
POST - BID I PRE - CONSTRUCTION ESTIMATE
Percent of
Estimated
Construction
Item Description Amount Cost
1 CONSTRUCTION
Construction Contract $ 161,554
Contingency at 15% $ 24,446
Total Construction $ 186,000 100%
2 CONSTRUCTION MANAGEMENT
WRMS Engineering $ 20,000
District Staff $ 9,000
TOT AL CONSTRUCTION $ 29,000 16%
MANAGEMENT
3 TOTAL CONSTRUCTION PHASE $ 215,000 116%
COST
4 TOTAL PREBID EXPENDITURES
Includes engine rebuild in 2000 and $ 140,000 75%
the ensuing engine failure analysis
investigation.
5 TOTAL ESTIMATED PROJECT COST $ 355,000 191%
6 FUNDS AUTHORIZED TO DATE $ 160,000
7 ADDITIONAL ALLOCATION $ 195,000
NEEDED TO COMPLETE PROJECT
C:\sam\SWG\Standby Power Supplemental Cooling\PosPaper-Estimate.wpd.
Page 5 of 5
I""'-
.-."
ENERGY UPDATE
DOUGLAS CRAIG
BOARD OF DIRECTORS MEETING
APRIL 19, 2001
1l......~!i"'" '...
R \ .
LANDFILL GAS CONTRACT
. SIGNED CONTRACT
. START DATE "ON OR BEFORE MAY 30, 2001
. CONTRACT TERM - JUNE 30, 2002
. RENEWABLE ON AN ANNUAL BASIS
1
"" NATURAL G~S CONTRACTS
. PURCHASED ONE YEAR NYMEX STRIP
(20,000 DTH/MO) AT $5.25/DTH
. PURCHASED NYMEX FOR MAY AND JUNE
(20,000 DTH/MO) AT $5.32/DTH
. PURCHASED BASIS FOR MAY AND JUNE
(40,000 DTH/MO) AT $7.73/DTH
""
......,,"",('(t:.............
:., <.... ",' :",
, .
. ON-PEAK (NOON - 6:00 P.M.)
35.3 CENTS PER KW HOUR
ELECTRICAL IMPORT
(PG&E) COSTS
. OFF-PEAK (9:00 P.M. - 8:00 A.M.)
5.9 CENTS PER KW HOUR
. PARTIAL PEAK NOT SPECIAED
. DEMAND CHARGE NOT SPECIFIED
2
I
r--
I
I
I
I
I
l-----
o
o
......
M
;:
...........~..
....
0:
o
ll.
~
i
I
I
I
r-....
o
o
LO
M
;
i
I
I
i ~
I ~
......-._.J1L..._._..--....-......
. I
.; I
o
o
M
M
o
o
T""
M
M>I "gNv
-
.,
I
o
o
0)
C\I
o
o
......
C\I
M
C\I
T""
C\I
0)
T""
......
T""
LO
T""
~ II)
M C ~
T"" u.. C\I
0 "0
C
W (\3
E
:E Q)
t= "0
T"" ~
T""
0)
......
LO
M
T""
o
o
LO
C\I
(f)
UJ
Z
...J
UJ
o
:::J
(!)
>-
(!)
0:::
UJ
Z
UJ
UJ
(f)
:::J
LL.
o
UJ
~
-
.-
IZ1
'tS
s=
ns
~
a..
""'"
r-
co
r-
o
(V')
'C
C.
<(
...c::
C>
::J
o
~
...c::
+-'
z c:::
0
0 N .i UJ
Z r- l-
i Z
r- \ ~
\
r- \
\
\
\
~ '"
<( \
w I
~ .~.....
u. I ~
~ ) (..oQ)~ ~ ~..\
I (~~ \
Z,
\\
'~
!
/
....J
<(
~~
<(<(
~:f
U
~
<(
w
~
Z
o
I
a:: .',
UJ . \
I- \',
". Z.
~\.--./ ~
.. f
____. ~ ./ -,_J
.....
(V')
~
Q)
..0
o
+-'
U
o
...c::
C>
::J
e
...c::
+-'
.....
>.
__ ro
// ::E'-
// ~.....
."- -------~
a::
UJ
~
~
:J
U)
,
\
/
/
o
M
l-
I
t9
Z
o
~
l-
I
t9
Z
o
~
o
M
CO
o
o
I-
o
(V')
.....
N
~
<(
UJ
Q.
u..
u..
o
a::
<(
~~
U)...J
>-...J
~ <( <(
(.9 ~
Z :JU)
Cl U) >-
~ ~ <(
U)O
~:J
00
a::J:
:JI-
I-U)
<(0
U)::E
a
a Za a
>-co a
OM CD
<(..... 0..... a
0' ZN
~z , , a IJ)
LUO
LUO 00 M 0)
;:z Ma ..... (J)
coCO N
o::~ 0..... ~ .-
LU<( .:i -
::ELU <( .-
::Ea.. ~~ LU
a.. >-
~z 0::<( LL 0::
(/)0 <(LU LL <(
a.. a.. 0
=>
Z
<(
..,
u..
0
(/)
<(
RESOLUTION NO.
RESOLUTION DESIGNATING GENERAL MANAGER TO
SIGN AND FILE A PEAK LOAD REDUCTION GRANT APPLlCA liON
WHEREAS, the State of California has authorized the Energy Commission to provide
grants to finance public agencies for projects that will reduce peak electrical demand;
WHEREAS, Central Contra Costa Sanitary District believes in adopting and
developing new and innovative projects that will lower energy costs;
WHEREAS, District Project No. 7199 (Solids Conditioning Ventilation Improvement
Project) shall provide the Treatment Plant with an efficient alternative in operating the
existing equipment, which will in turn reduce electrical import demand.
NOW THEREFORE, BE IT RESOLVED, that the District Board of the Central Contra
Costa Sanitary District authorizes Central Contra Costa Sanitary District to apply for
funding from the California Energy Commission to reduce peak electrical demand at the
Wastewater Treatment Plant in Martinez.
BE IT RESOLVED, that if recommended for a funding award by the California Energy
Commission, the District Board of the Central Contra Costa Sanitary District ~uthorizes
the General Manager or his/her designee, on behalf of the Central Contra Costa District,
to accept a grant up to $60,000.
BE IT FURTHER RESOLVED that the General Manager or his/her designee of the
Central Contra Costa Sanitary District is hereby authorized and empowered to execute in
the name of Central Contra Costa Sanitary District all necessary documents to implement
and carry out the purpose of this resolution, and to undertake all actions necessary to
undertake and complete the peak electrical demand project.
PASSED AND ADOPTED this 19th day of April, 2001 by the Board of Directors of
the Central Contra Costa Sanitary District by the following votes:
AYES:
Members:
NOES:
Members:
ABSENT:
Members:
Barbara D. Hockett
. President of the Board of Directors,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
Joyce E. Murphy
Secretary,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
APPROVED AS TO FORM:
Kenton L. Aim,
District Counsel
Central Contra Costa Sanitary District
5019 ImtlOff Place, Martinez, Ca 94553 (925) 228-9500 . \\WW cClltla!Stlll org
FAX: (925) 689-1232
CHARLES Iv. BATTS
o-nJl Manager
April 20, 2001
KENfON L. AIM
Cawnselfar tJw District
(925) 938-1430
JOYCE E. MURPHY
Secretary afthe District
Mr. Mike Hartley
California Energy Commission
Program Planning & Process Energy Office
1 516 Ninth Street, MS-42
Sacramento, CA 95814
Dear Mr. Hartley:
PEAK LOAD REDUCTION PROGRAM; WATERIWASTEWATER GRANT APPLICATION
FROM CENTRAL CONTRA COSTA SANITARY DISTRICT
Enclosed is the official Resolution you requested for our grant application. We are pleased
to hear that additional funding has become available by the state to continue your efforts
into lowering peak electrical load.
We look forward to creating a partnership with you. If you have any questions, please
call me at (925) 229-7366.
Sincerely,
,-' ~
c-~;;;:::~ /':;:?~.
Edgar Lopez
Staff Engineer
Enclosure
bee: C. Batts
J. Belcher
J. Kelly
J. Murphy
Energy File
S :\MAINTENG\Lopez\200 1 \Grant\Resolution.ltr. wpd
@ Recycled Paper
-
.-
RESOLUTION NO. 2001-054
RESOLUTION DESIGNATING GENERAL MANAGER TO
SIGN AND FILE A PEAK LOAD REDUCTION GRANT APPLICATION
WHEREAS, the State of California has authorized the Energy Commission to provide
grants to finance public agencies for projects that will reduce peak electrical demand;
WHEREAS, Central Contra Costa Sanitary District believes in adopting and
developing new and innovative projects that will lower energy costs;
WHEREAS, District Project No. 7199 (Solids Conditioning Ventilation Improvement
Project) shall provide the Treatment Plant with an efficient alternative in operating the
existing equipment, which will in turn reduce electrical import demand.
NOW THEREFORE, BE IT'RESOLVED, that the District Board of the Central Contra
Costa Sanitary District authorizes Central Contra Costa Sanitary District to apply for
funding from the California Energy Commission to reduce peak electrical demand at the
Wastewater Treatment Plant in Martinez.
BE IT RESOLVED, that if recommended for a funding award by the California Energy
Commission, the District Board of the Central Contra Costa Sanitary District <;1uthorizes
the General Manager or his/her designee, on behalf of the Central Contra Costa District,
to accept a grant up to $60,000.
BE IT FURTHER RESOLVED that the General Manager or his/her designee of the
Central Contra Costa Sanitary District is hereby authorized and empowered to execute in
the name of Central Contra Costa Sanitary District all necessary documents to implement
and carry out the purpose of this resolution, and to undertake all actions necessary to
undertake and complete the peak electrical demand project.
-
Resolution No. 2001-05~
Page 2 of 2
PASSED AND ADOPTED this 19th day of April, 2001 by the Board of Directors of
the Central Contra Costa Sanitary District by the following votes:
AYES:
~ernbers: Boneysteele, Menesini, Nejedly, Hockett
NOES:
~ernbers: None
ABSENT:
~ernbers: Lucey
~r(~
Barbara D. Hockett
. President of the Board of Directors,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
J
Se etary,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
APPROVED AS TO FORM:
/LJ}
g:,t(J
Kenton L. AIm,
District Counsel
I, Joyce E. Murphy, Secretary of the Central Contra Costa Sanitary District,
of the County of Contra Costa, State of California, do hereby certify that the
foregoing is a full. true, and correct copy of Resolution No. 2001-054. passed
and adopted by said District Board on April 19. 2001.
Dated: April 20, 2001
-
-
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: April 19, 2001
No.: IO.a. BUDGET AND FINANCE
Type of Action: REVIEW SELF-INSURANCE FUND BUDGET FOR FISCAL YEAR 2001-
2002
Subject: REVIEW THE FINANCIAL STATUS AND BUDGET OF THE SELF-INSURANCE
FUND AND APPROVE THE ALLOCATION OF $200,000 TO THE FUND FROM THE
2001-2002 O&M BUDGET
Submitted By:
David J. Clovis, Safety & Risk Manager
Initiating Dept./Div. :
Administrative/Safety & Risk Management
~~
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
ISSUE: The Self-Insurance Fund (SIF) is to be reviewed each year by the oard of
Directors with the staff presenting funding recommendations for the upcoming fiscal year.
RECOMMENDATION: Receive the 2001-2002 Self-Insurance Fund Budget and authorize
the allocation of $200,000 to the fund from the 2001-2002 O&M Budget.
FINANCIAL IMPACTS: The impact of this action requires the allocation of $200,000
from the 2001-2002 O&M Budget to the Self-Insurance Fund.
ALTERNATIVES/CONSIDERATIONS: The alternatives to this action are to provide less
funds than recommended, to not fund the Self Insurance Fund or to increase the fund
balance.
BACKGROUND: The District has self-insured most of its liability and some of its property
risks since July 1, 1986, when the Board approved the establishment of the Self-
Insurance Fund. The SIF has effectively funded District losses over its fifteen year history
and it remains financially sound.
In 1994, a new Government Accounting Standards Board Statement No. 10 (GASB-1 0)
set forth requirements on how public agencies must fund their self-insured risks. To
assure compliance with GASB-1 0, the District restructured the SIF into three sub-funds.
Each of the three (3) sub-funds were established for funding specific risks:
4/1 2/01
R:\DJC\SIFpp01-02. wpd
Page 1 of 7
"""
POSITION PAPER
Board Meeting Date: April 19, 2001
Subject: REVIEW THE FINANCIAL STATUS AND BUDGET OF THE SELF-INSURANCE
FUND AND APPROVE THE ALLOCATION OF $200,000 TO THE FUND FROM THE
2001-2002 O&M BUDGET
. SUB-FUND A: GASB-10 Actuarially-based risks. These include general liability and
automobile liability risks. Under the requirements of GASB-1 0, risks that could be
actuarially studied must be funded based on an actuarial study which must be done
every two years. General liability and automobile liability are readily studied
throughout the insurance and self-insurance world to determine funding levels for
these liabilities. The District obtained an actuarial review of its self-insured general
liability and automobile liability last year which projected losses for these risks.
The actuarial estimate of $901,365 was identified as the expected recommended
funding level for liability of these risks for Fiscal Year 2000-2001. Sub-Fund A
was established to insure these risks based on the District's having a $10,000,000
excess liability policy with a $500,000 self-insured retention. Budget planning for
the 2001-2002 fiscal year has resulted in an allocation of $1,066,924 to Sub-Fund
A as recommended by the actuarial study completed by Advanced Risk
Management Techniques in 2000. An Actuarial study will be performed during
fiscal year 2001-2002 to determine future funding levels as required by GASB-1 O.
. SUB-FUND B: GASB-10 Non-actuarially-based risks. These include employment
related and pollution related risks. GASB-10 requires that all potential risks,
including employment related and pollution related, be adequately and soundly
funded even though these risks are not actuarially reviewed. An actuarial study
was not required for these risks since losses for employment related and pollution
related risks are often predicted with less accuracy because these types of cases
occur infrequently but may result in extremely high costs and losses. With
guidance from risk management and insurance specialists, the District established
Sub-Fund B at $2,450,000 to fund employment related and pollution related risks
based on the purchase of the above mentioned excess liability insurance policy.
The liability policies provide limited coverage in the areas pollution and employment
related risks. A further review by staff indicated that allocating $2,450,000 to
Sub-Fund B in fiscal year 2001-2002 is appropriate.
. SUB-FUND C: Non-GASB-10 risks. This Sub-Fund covers risk management
program insurance premiums, potential losses from uninsurable risks, and the costs
of initiating claims and lawsuits against others who have damaged the District.
The District established this Sub-Fund to finance non-GASB-1 0 risks under our risk
management program. Specific costs include: insurance premiums for a
$10,000,000 excess liability policy; and insurance premiums for insuring District
411 2/01
R:\DJC\SIFpp01-02.wpd
Page 2 of 7
-
POSITION PAPER
Board Meeting Date: Apri 1 19. 2001
Subject: REVIEW THE FINANCIAL STATUS AND BUDGET OF THE SELF-INSURANCE
FUND AND APPROVE THE ALLOCATION OF $200,000 TO THE FUND FROM THE
2001-2002 O&M BUDGET
properties for fire, explosion, water damage, etc. for losses above $500,000. This
Sub-Fund should be maintained at a level to support these defined costs as well as
to cover the required $250,000 property damage self-insured retention and provide
adequate funds to replenish Sub-Fund A or B and was initially established at a level
above $2,000,000. Sub-Fund C is projected to be at a level of $1,427,072 ending
June 30, 2001 and $861,513 ending June 30, 2002.
Exhibit II, III & IV (attached) presents the projected Fund A, Fund B and Fund C 2000-
2001 budget summary.
Exhibit I (attached) presents a recent financial history and projection of the SIF and shows
that the total reserves are projected at $4,778,437 ending June 30, 2001. This is a
decrease of $435,465 over the total SIF reserves of $5,213,902 at the beginning of the
2000-2001 budget year. Although not specifically required under GASB 10, the District's
actuarial report commented on the 2000-2001 program year proposed funding levels for
Sub-Fund B. The actuary report stated that the funding levels were prudent and within
industry standards and therefore it is recommended to maintain the same funding levels
for 2001-2002.
The 2001-2002 SIF budget estimates total revenues of $492,000 and total expenses of
$892,000, which will bring the projected 2001-2002 total SIF to $4,378,437 on June
30, 2002. The budgeted revenues include a recommended allocation of $200,000 from
the 2001-2002 O&M budget to the SIF. The $200,000 allocation would help maintain
the SIF at a funding level as directed and approved by the Board. Budgeted revenues do
not include any recovery from prior insurance coverages but only interest earned on the
fund.
In summary, the funding reserves for the SIF, as established by GASB-1 0 is the sum of
Sub-Fund A and Sub-Fund B which totals $3,516,924 as well as Sub-Fund C of $861,513
to achieve the total SIF of $4,378,437 on June 30, 2002. Therefore, in keeping with the
Board's direction last year, staff recommends that $200,000 be allocated from the O&M
budget to maintain the SIF at its current level and provide prudent reserves for funding
District losses.
RECOMMENDED BOARD ACTION: Receive the proposed 2001-2002 Self-Insurance
Fund Budget and approve the allocation of $200,000 from the 2000-2001 O&M budget.
411 2/01
R:\DJC\SIFppOl-02. wpd
Page 3 of 7
Exhibit I
CENTRAL CONTRA COSTA SANITARY DISTRICT
SELF-INSURANCE FUND (SIF)
July 1, 1998, Through June 30, 2002
Actual Projected Budget
1999-2000 2000-2001 2001-2002
150,000 175,000 200,000
58,374 20,000 20,000
17,640 26,952 0
0.00 0 0
0.00 0 0
290,683 305,665 272,000
$516,697 $527,617 $492,000
Actual
1998-1999
Revenues
SIF Allocation from O&M Fund
Insurance Allocation from HHW
Subrogation Recovery
Franchise Fee
CCCSWA Acme Lit. Payments
Interest Income
Total Gross Revenues
100,000
o
36,118
o
o
294,754
$430,872
Expenses
Claims Adjusting 0 0 950 2,000
Insurance Consulting 0 0 0 5,000
Loss Payments 347,692 63,189 330,825 250,000
Legal Services 73,183 46,641 79,000 150,000
Technical Services 38,594 12,977 318,307 185,000
Insurance Premiums 284,902 223,204 234,000 300,000
Total Expenses 744,371 346,011 963,082 892,000
Revenues Over Expenses ($313,499) $170,686 ($435,465) ($400,000)
Reserves
Beginning of Year 5,356,715 5,043,216 5,213,902 4,778,437
Revenues Over Expenses (313,499) 170,686 (435,465) (400,000)
End of Year $5,043,216 $5,213,902 $4,778,437 $4,378,437
Uncommitted Reserves 0 0 0 0
Actuarial Reserves - GASB 10 (Fund A) 675,000 675,000 901,365 1,066,924
Non-Actuarial Reserves - GASB 10 (Fund B) 2,450,000 2,450,000 2,450,000 2,450,000
Non-GASB 10 Reserves (Fund C) 1,918,216 2,088,902 1,427,072 861,513
Total Reserves $5,043,216 $5,213,902 $4,778,437 $4,378,437
Page 4 of 7
SELF-INSURANCE FUND
Projected 2000-2001
SUB-FUND A: GASB-10 ACTUARIALLY BASED RISKS
GENERAL LIABILITY AND AUTOMOBILE LIABILITY
Actuarial Reserves-GASS 10 2000\2001 : $901,365
Revenues
O&M $0
Recovery $26,952
Interest $83,920
TOTAL REVENUES $110,872
Expenses
Losses $330,825
Legal $69,000
Technical $318,307
TOTAL EXPENSES $718,132
Revenues over expenses
($607,260)
Reserves:
Transfer from Sub-Fund C $607,260
TOTAL RESERVES PROJECTED 6/30/01
$901,365
Transfer from Sub-Fund C 7/01/01 $165,559
TOTAL RESERVES PROJECTED 7/01/01 $1,066,924
-
Exhibit II
Page 5 of 7
-
SELF-INSURANCE FUND
Projected 2000-2001
SUB-FUND B: GASB-10 NON-ACTUARIALL Y BASED RISKS
EMPLOYMENT RELATED AND POLLUTION RISKS
Beainnina Reserves $2,450,000
Revenues
O&M $0
Recovery $0
Interest $142,745
TOTAL REVENUES $142,745
Expenses
Losses $0
Legal $0
Technical $0
TOTAL EXPENSES $0
Revenues over expenses $142,745
Reserves:
Transfer to Sub-Fund C 6/30/01 $142,745
TOTAL RESERVES PROJECTED 6/30/01 $2,450,000
Exhibit III
Page 6 of 7
--
SELF-INSURANCE FUND
Projected 2000-2001
SUB-FUND C: NON GASB-10 RISKS
RISK MANAGEMENT PROGRAM INSURANCE PREMIUMS AND
COSTS OF INITIATING CLAIMS/LAWSUITS AGAINST OTHERS
Beainnina Reserves $1,862,537
Revenues
O&M $175,000
Recovery $0
Ins. Recovery HHW $20,000
Interest $79,000
TOTAL REVENUES $274,000
Expenses
Excess Liability $155,000
Property $79,000
Losses $0
Legal $10,000
Technical $0
Claims/Insurance Consulting $950
TOTAL EXPENSES $244,950
Revenues over expenses $29,050
Reserves:
Transfer to Sub Fund A $607,260
Transfer from Sub Fund B $142,745
TOTAL RESERVES PROJECTED 6/30/01 $1,427,072
Transfer to Sub Fund A 7/01/01 $165,559
TOTAL RESERVES PROJECTED 7/01/01 $1,261,513
Exhibit IV
Page 7 of 7
SELF INSURANCE FUND
.."'.2001-2002
. 2000-2001 Expected Performance
. Fund Balance Comparison
. Budget 2001-2002
. Insurance Costs
. Recommendations
Projected Expense vs Revenue SIF
- 1,400,000
1,200,000
97/98 98/99 99/00 00101
Fund Balance 99/00
f'''' Projected Fund Balance 00/01 & 01/02
52,500,000
51,000,000
5500,000
so
99/00
00/01
.01102
111 Sub Fund A [] Sub Fund B . Sub Fund C I
...-
1
i~
Proposed Budget
Fund A, 8, & C 2001/2002
Fund A
RevcAuc $71;655
Expense $435,000
Fund 8
Revenue $146,815
Expense $95,000
Fund C
Revenue $273,530
Expense $362,000
Total Revenue
Total Expense
$492,000
$892,000
n"j. Actuarial Eval~ation
. Advanced Risk Management
Techniques, Inc.
. Recommended Funding For Fund A at
Expected $1,0066,924
. Recommended Funding For Fund B
$2,450,000
,~ Insurance C!:?~
$400,000
$350,000
$300,000
$250,000
$200,000
$150,000
$100,000
$50,000
$0
'97- '98- '99- '00- '01-
98 99 00 01 02
....
2
.. ". '., -.
,~ Recommend~~i()ns
. Receive proposed 2001/2002 Self-
Insurance Fund Budget
. Allocate $200,000 from 0 & M Budget
to Self-Insurance Fund
...
3