The URL can be used to link to this page

Home My WebLink About06-21-01 AGENDA BACKUP Central Contra Costa Sar.itary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 21, 2001 No.: 3.a. CONSENT CALENDAR Type of Action: ACCEPT OFFER OF DEDICATION Subject: APPROVE RESOLUTION ACCEPTING OFFER OF DEDICATION FOR THE EASEMENT SHOWN ON THE MAP OF SUBDIVISION NO. 7674 FROM UDC HOMES, JOB NO. 5134, PARCEL 1, WALNUT CREEK AREA Submitted By: Molly Mullin Engineering Assistant REVIEWED AND RECOMMENDED FOR BOARD ACTI Initiating Dept./Div. : Engineering/Environmental Services A(~ v J. Mi mota-Mills ISSUE: Board approval is required to accept offers of dedication and record ease ents. RECOMMENDATION: Adopt a resolution accepting public sewer improvements and an offer of dedication for an easement at no cost to the District, and authorize recording of the easement acceptance. FINANCIAL IMPACTS: None. AL TERNA TIVES/CONSIDERA TIONS: None. BACKGROUND: The District routinely accepts easements and public sewer improvements through Board adoption of resolutions to that effect. The recommended resolution will accept an easement that is required for a recent public sewer extension at Rossmoor in Walnut Creek. The final subdivision map and public sewer improvements have been reviewed by District staff and deemed in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting public sewer improvements and an offer of dedication from UDC Homes, Job No. 5134, Parcel 1, Walnut Creek area, at no cost to the District. Authorize recording of the easement acceptance. 5/31/01 U:\PPR\RESOLMM\RESOL5134m.WPD Page 1 of2 -- -- "- --, ' J \ c: __ ___ .g .,;. -...... :;; ) 'I I ~ I ~ I g I ~ I Q. I g. I .6 I ~ I ./ en Q. o E u Q. en ./ :>: Central Contra Costa Sanitary District ---::--- :;: c. <> 5 <> ':" >- .. =!E ;;; (--' I ) I I I I I I I I I II I II I II I II II II II L, -- --- ~ -- --- ---- N , 300 600 , FEET LEGEND: W=::f:=F:=:W=:$$=1 EASEMENT AREA SUB BOUNDARY ACCEPTANCE OF Attachment EASEMENT DEDICATION SUB 7674 JOB 5134 Page 2 of 2 Central Contra Costa Sc.. ..tary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 21, 2001 No.: 3. b. CONSENT CALENDAR Type of Action: ACCEPT OFFER OF DEDICATION Subject: APPROVE RESOLUTION ACCEPTING OFFER OF DEDICATION FOR THE EASEMENT SHOWN ON THE MAP OF SUBDIVISION NO. 7695 FROM R & D PROPERTIES, JOB NO. 5191, PARCEL 1, WALNUT CREEK AREA Submitted By: Molly Mullin Engineering Assistant Initiating Dept./Div.: Engineering/Environmental Services REVIEWED AND RECOMMENDED FOR BOARD AcnON: Q~w~" U%: Af~ v J. ISSUE: Board approval is required to accept offers of dedication and record easements. RECOMMENDATION: Adopt a resolution accepting public sewer improvements and an offer of dedication for an easement at no cost to the District, and authorize recording of the easement acceptance. FINANCIAL IMPACTS: None. AL TERNA TIVES/CONSIDERA TIONS: None. BACKGROUND: The District routinely accepts easements and public sewer improvements through Board adoption of resolutions to that effect. The recommended resolution will accept an easement that is required for a recent public sewer extension in Monticello Drive in Walnut Creek. The final subdivision map and public sewer improvements have been reviewed by District staff and deemed in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting public sewer improvements and an offer of dedication from R & D Properties, Job No. 5191, Parcel 1, Walnut Creek area, at no cost to the District. Authorize recording of the easement acceptance. 5/28/01 U :\PPR\RE50 LMM\RE 50 L5 226- 3. WPD Page 1 of 2 ---- --- 570' ~ N ~ ---- ~ ,,----- -------~) o --l --l U W Z o c: '" "0 '" '" "" r-- I .Q ::> '" ./ 15 > e Q. Q. C I .Q ::> '" 0;; Q. C E U 5l- :: Central Contra Costa Sanitary District LEGEND: ~~$$:::m:$$3~ EASEMENT AREA SUB BOUNDARY ACCEPTANCE OF EASEMENT DEDICATION SUB 7695 JOB 5191 '!! o ;:; o ':" z ;;s :t Page 2 of 2 Attachment Central Contra Costa Sat .itary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 21,2001 No.: 3.e. CONSENT CALENDAR Type of Action: ACCEPT OFFER OF DEDICATION Subject: APPROVE RESOLUTION ACCEPTING OFFER OF DEDICATION FOR THE EASEMENT SHOWN ON THE MAP OF SUBDIVISION NO. 8051 FROM ALAMO ORCHARDS LLC, JOB NO. 5258, PARCEL 1, ALAMO AREA Submitted By: Molly Mullin Engineering Assistant REVIEWED AND RECOMMENDED FOR BOARD ACT/Oft k(~ ~ ~~ M. Mullin J. C. Swanson Initiating Dept./Div. : Engineering/Environmental Services A. Farrell C&k: ISSUE: Board approval is required to accept offers of dedication and record ease ents. RECOMMENDATION: Adopt a resolution accepting public sewer improvements and an offer of dedication for an easement at no cost to the District, and authorize recording of the easement acceptance. FINANCIAL IMPACTS: None. AL TERNA TIVES/CONSIDERA TIONS: None. BACKGROUND: The District routinely accepts easements and public sewer improvements through Board adoption of resolutions to that effect. The recommended resolution will accept an easement that is required for a recent public sewer extension in Orchard Lane in Alamo. The final subdivision map and public sewer improvements have been reviewed by District staff and deemed in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting public sewer improvements and an offer of dedication from Alamo Orchards LLC, Job No. 5258, Parcel 1, Alamo area, at no cost to the District. Authorize recording of the easement acceptance. 5/28/01 U :\PPR\RESO LMM\RESO L5 2 2 6- 3. WPD Page 1 of 2 o , .:: FEET in i LEGEND:~ ~ ~!::::i~:!:::!:::t:::t1 EASEMENT AREA ~ SUB BOUNDARY ii u Q. II> ~ Central Contra Costa Sanitary District WALNUT CREEK ~ RD 200 400 I o o N > "'" ~ ;;; ACCEPTANCE OF EASEMENT DEDICATION SUB 8051 JOB 5258 Attachment \!Q $2 Page 2 of 2 Central Contra Costa Sell .itary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 21, 2001 No.: 3. d. CONSENT CALENDAR Type of Action: ACCEPT OFFER OF DEDICATION Subject: APPROVE RESOLUTION ACCEPTING OFFER OF DEDICATION FOR THE EASEMENT SHOWN ON THE MAP OF SUBDIVISION NO. 8044 FROM BRANAGH DEVELOPMENT, JOB NO. 5265, PARCEL 1, WALNUT CREEK AREA Submitted By: Molly Mullin Engineering Assistant REVIEWED AND RECOMMENDED FOR BOARD ACTlrf: -4~ V ()~~ M. Mullin J. C. Swanson Initiating Dept./Div. : Engineering/Environmental Services A. Farrell C9tk ISSUE: Board approval is required to accept offers of dedication and record eas ments. RECOMMENDATION: Adopt a resolution accepting public sewer improvements and an offer of dedication for an easement at no cost to the District, and authorize recording of the easement acceptance. FINANCIAL IMPACTS: None. Al TERNA TIVES/CONSIDERA TIONS: None. BACKGROUND: The District routinely accepts easements and public sewer improvements through Board adoption of resolutions to that effect. The recommended resolution will accept an easement that is required for a recent public sewer extension in Melody Drive in Walnut Creek. The final subdivision map and public sewer improvements have been reviewed by District staff and deemed in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting public sewer improvements and an offer of dedication from Branagh Development, Job No. 5244, Parcel 1, Walnut Creek area, at no cost to the District. Authorize recording of the easement acceptance. 5/28/01 U :\PPR\RESOLMM\RESOL5 226-3. WPD Page 1 of 2 c: "0 .,: .. o <Xl I .0 il /' (5 > o a. 0.. o I .0 ::J '" -;;; 0.. o E U 0.. '" ~ Central Contra Costa Sanitary District ( \ ~~. \ lAFAYmE \ ~----- -~-j~~.. GEARY lID " ~ ~/ ~ 1::l:~::i:::j:#l:~::l N N a. o 5 o N ~ '!I ;;; ACCEPTANCE OF EASEMENT DEDICATION SUB 8044 JOB 5265 Attachment Page 2 of 2 Central Contra Costa Sbl.itary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 21, 2001 No.: 3.e. CONSENT CALENDAR Type of Action: ACCEPT OFFER OF DEDICATION Subject: APPROVE RESOLUTION ACCEPTING OFFER OF DEDICATION FOR THE EASEMENT SHOWN ON THE MAP OF SUBDIVISION NO. 8332 FROM CASTLE CONSTRUCTION, JOB NO. 5455, PARCEL 1, DANVILLE AREA Submitted By: Molly Mullin Engineering Assistant Initiating Dept./Div.: Engineering/Environmental Services A. Farrell ~;;; ~COM::N~=,~OARD0l~," ~ ISSUE: Board approval is required to accept offers of dedication and record easements. RECOMMENDATION: Adopt a resolution accepting public sewer improvements and an offer of dedication for an easement at no cost to the District, and authorize recording of the easement acceptance. FINANCIAL IMPACTS: None. AL TERNA TIVES/~ONSIDERA TIONS: None. BACKGROUND: The District routinely accepts easements and public sewer improvements through Board adoption of resolutions to that effect. The recommended resolution will accept an easement that is required for a recent public sewer extension in Abigail Drive in Danville. The final subdivision map and public sewer improvements have been reviewed by District staff and deemed in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting public seyver improvements and an offer of dedication from Castle Construction, Job No. 5455, Parcel 1, Danville area, at no cost to the District. Authorize recording of the easement acceptance. 5/28/01 U :\PPR\RESOLMM\RESOL5 226- 3. WPD Page 1 of 2 , I"~~c~ _l ,~ {',''--~' :1\ ,_~~~~o ~ () CD .~~~ J J!! ~~~\ ~ ,ro~ (\ - .~L l ~ ,[R= ~ ~\" ~ \\ '\! U~ O~ I I / ,/ ~~ SAN A-~\ e ~ CIIJ = = ->' \.,., RAMON \~ LI~CATlON MAP _ rz::'7H:= ~ rn~ ", ~ ~$D\y0 ~ ~ ~ ] ~ , Q;Jj-~ o r o ~ l-1- _~1=~l, ~:~~~ ~~ o '_' -=::'+:~ ,_,:1::.::.:::: ^ ~~: ,~_::--- ~ ~~ ~ll t~l~ n :0 -~: ~ ,3:: ( ~ -x ~ l!~7- t~,~~J ~ ~ t: ~' '~: :_:~C', \- I~ ~ Iii 8J 3/3ir?:.~ lW'- ~ I I!l1 ~ L ~~ 1f7rA6'.,~ -- - G I \JiDJ7) ~ ~ bk ~'O l~ I ] ~ FEET ~ 'f' ~ LEGEND: / / ~ ~~ ~ tV ~4*',~'1 I ::E~~~::: / .\ .. ~ Central Contra Costa Sanitary District i ~ ~~ ;:::; .,.. - - - - - IASSAJAAA ACCEPTANCE OF EASEMENT DEDICATION SUB 8332 JOB 5455 Attachment Page 2 of 2 Central Contra Costa Sculitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 21, 2001 No.: 3. f. CONSENT CALENDAR Type of Action: ACCEPT OFFER OF DEDICATION Subject: APPROVE RESOLUTION ACCEPTING OFFER OF DEDICATION FOR THE EASEMENT SHOWN ON THE MAP OF SUBDIVISION NO. 8265 FROM THE BRADDOCK & LOGAN GROUP, JOB NO. 5476, PARCEL 1, MARTINEZ AREA Submitted By: Molly Mullin Engineering Assistant Initiating Dept./Div. : Engineering/Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: ~~'~II 4~" M. Mullin v ISSUE: Board approval is required to accept offers of dedication and record ea ements. RECOMMENDATION: Adopt a resolution accepting public sewer improvements and an offer of dedication for an easement at no cost to the District, and authorize recording of the easement acceptance. FINANCIAL IMPACTS: None. AL TERNA TIVES/CONSIDERA TIONS: None. BACKGROUND: The District routinely accepts easements and public sewer improvements through Board adoption of resolutions to that effect. The recommended resolution will accept an easement that is required for a recent public sewer extension in Lance Court, Martinez. The final subdivision map and public sewer improvements have been reviewed by District staff and deemed in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting public sewer improvements and an offer of dedication from The Braddock & Logan Group, Job No. 5476, Parcel 1, Martinez area, at no cost to the District. Authorize recording of the easement acceptance. 5/28/01 U:\PPR\RESOLMM\RESOL5226-3. WPD Page 1 of 2 l'o \'-/ VC~R!' ~ \ ~ ) ~ ~ "'!If SU8 j' ~~roOON./ ~ ~O CHV~ ~i~~_ jL~ ~ ~~ , ~ (~ ~~ LOCATION ~l1~ ) # 8l\\) ~\ N.T.S. ..~ ~ / \ ~ // ---~ ,...). \ j I I i-:J ~/ ~ I I -- TZi3 ~ !J- - ~:JJ/ S B I I (I r1' \1 ~o \ L I ~OO r 1 \\Y. 1 LEGE~~'~ .g ~:::::::::::=:::::::j EASEMENT AREA ~ \ \ r I ~ t I \ \ S~ B?UN~RY !----I Ul :,: Central Contra Costa T Sanitary District "" i~ l'"") 0... ... ..... I I ] r=7 ~= ~ ~ AVE -.J ~ o I - ~ C/) o o Ci JL ~ ~'?=:+:-:+~~ 0 /".-''0.::::=~ \ 0 ~ "" 1/ 5. 7 6 '\ I--- I-- I-- ?; ACCEPTANCE OF EASEMENT DEDICATION SUB 8265 JOB 5476 Page 2 of 2 rlI I / - l- C/) ~ ~ CJ ::;:: -'- Attachment Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 21, 2001 No.: 3.g. CONSENT CALENDAR Type of Action: ACCEPT CONTRACT WORK/AUTHORIZE NOTICE OF COMPLETION Subject: ACCEPT CONTRACT WORK FOR THE FILTER PLANT ENHANCEMENTS PROJECT, DISTRICT PROJECT NO. 7196, AND AUTHORIZE THE FILING OF THE NOTICE OF COMPLETION Submitted By: Munawar Husain, Associate Engineer Initiating Dept./Div. : Engineering / Capital Projects M. Husain W. Brennan A. Farrell REVIEWED AND RECOMMENDED FOR BOARD ACTION: JiJ. tAhb O!jfX ISSUE: Construction has been completed on the Filter Plant Enhancements Project, District Project No. 7196, and the work is now ready for acceptance. RECOMMENDATION: Accept contract work. FINANCIAL IMPACTS: None related to this action. AL TERNA TIVES/CONSIDERATIONS: Not applicable. Filing the Notice of Completion is required under California Civil Code, Section 3093. BACKGROUND: Improvements completed under this project included removal of existing filter media components (sand and gravel) from the four filters and replacement with new sand and gravel. Anthracite, which is also a component of the filtration system, was replaced in two of the filters. Cleaning and inspection of the tile underdrain system was performed, and wall repair work was completed where necessary. Improvements were also made to the surface wash piping system in the four filters. Miscellaneous piping and valves and an air vent pipe were added. Existing valves and electric motor actuators were also replaced. The Board of Directors authorized the award of a construction contract for this work in the amount of $495,931 to Kaweah Construction Company on November 2, 2000. The contractor was issued a Notice to Proceed, which was effective November 20, 2000, with a required contract completion date of April 19, 2001. The District had beneficial use of the work on May 8, 2001. The remaining items of work consist of punch list items which do not affect the project acceptance. L:\Position Papers\HUSAIN\7196complete.wpd Page 1 of 2 POSITION PAPER Board Meeting Date: June 21, 2001 Subject: ACCEPT CONTRACT WORK FOR THE FILTER PLANT ENHANCEMENTS PROJECT, DISTRICT PROJECT NO. 7196, AND AUTHORIZE THE FILING OF THE NOTICE OF COMPLETION It is appropriate to accept the contract work at this time. The total authorized budget for this project is $800,000. An accounting of the project costs will be provided to the Board of Directors at project close-out. RECOMMENDED BOARD ACTION: Accept contract work for the Filter Plant Enhancements Project, District Project No. 7196, by Kaweah Construction Company, and authorize the filing of the Notice of Completion. L:\Position Papers\HUSAIN\ 7196complete. wpd Page 2 of 2 Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 21, 2001 No.: 3.h. CONSENT CALENDAR TyPfJ of Action: SET HEARING DATE Subject: ESTABLISH JULY 19, 2001, AS THE DATE FOR A PUBLIC HEARING TO CONSIDER THE ESTABLISHMENT OF THE BARBEE LANE CONTRACTUAL ASSESSMENT DISTRICT NO. 98-5 Submitted By: Russell B. Leavitt, Management Analyst Initiating Dept./Div.: Engineering/Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: ~ C~ l'M<: R. Leavitt C. Swanson A. Farrell ISSUE: A public hearing is required to establish the Barbee Lane Contractual Assessment District (CAD) No. 98-5. A public hearing is also required to create an assessment district pursuant to the procedure adopted under Proposition 218, which amended the California Constitution, Article XIII 0, Section 4. RECOMMENDATION: Establish July 19, 2001, as the date for a public hearing regarding Barbee Lane CAD No. 98-5 pursuant to California Constitution, Article XIII 0, Section 4, and Streets and Highways Code, Sections 5898.20 and 5898.24. FINANCIAL IMPACTS: There are minor costs for publishing a legal notice advertising the public hearing and for staff preparation. These costs eventually will be paid by the CAD participants. At TERNA TIVES/CONSIDERA TIONS: 1 . Select a later date for the public meeting - This would delay the CAD proceedings since the holding of a public hearing is required by law. 2. No action by the Board - No action will delay the CAD proceedings until a different public hearing date is set since the holding of a public hearing is required by law. BACKGROUND: On December 3, 1998, the Board of Directors adopted a resolution of intention to create Barbee Lane CAD No. 98-5 for the purpose of installing sewer improvements on Barbee Lane in Alamo (see Attachment 1). The proposed Barbee Lane CAD No. 98-5 complies with the revised CAD policy approved at the February 1, 2001 Board of Directors meeting. Seven properties could be served by a Barbee Lane public sewer. As required by Proposition 218, an Engineer's Report estimating assessments for properties within the CAD is being prepared. It is now appropriate to schedule a public hearing to offer interested parties the opportunity to comment on the proposed 6/14/01 T:\TP _Planning\Leavitt\CADS\Barbee\PP\Set Hearing Date-Contract PP. wpd Page 1 of 5 POSITION PAPER Board Meeting Date: June 21, 2001 Subject: ESTABLISH JULY 19, 2001, AS THE DATE FOR A PUBLIC HEARING TO CONSIDER THE ESTABLISHMENT OF THE BARBEE LANE CONTRACTUAL ASSESSMENT DISTRICT NO. 98-5 related issues. A resolution has been prepared and is attached, which, if adopted, will set the date of the public hearing on July 19, 2001. RECOMMENDED BOARD ACTION: Establish July 19, 2001, as the date for a public hearing regarding Barbee Lane CAD No. 98-5 pursuant to California Constitution, Article XIII D, Section 4, and Streets and Highways Code, Sections 5898.20 and 5898.24. 6/14/01 T:\TP _Planning\Leavitt\CADS\Barbee\PP\Set Hearing Date-Contract PP. wpd Page 2 of 5 LOCATION MAP N.T.S. * ~O ~<0\Gi ~\f Of:> o\.. 50",0 ~ * ]V 0 I 160 I I FEET c: 0> "0 ci U") o cO CO> "0 o U .-- Q. o E i:l Q) i:l o o o -;;; Q. o E 1) Q. '" .-- .;;: I POTENTIAL CAD AREA I EXISTING SEWER 111111111111 PLANNED CAD SEWER * PROPERTIES SERVABLE BY CAD SEWER Central Contra Costa Sanitary District U") .... ~ o o N :Z ~ 6 Attachment PROPOSED BOUNDARY OF BARBEE LANE CAD 98-5 Page 3 of 5 RESOLUTION NO. 2001-_ RESOLUTION SETTING HEARING OF PROTESTS ON BARBEE LANE CONTRACTUAL ASSESSMENT DISTRICT (CAD NO. 98-5) WHEREAS, on December 3, 1998, this Board of Directors adopted Resolution 98-160 expressing the intent of the District to proceed with the Barbee Lane Contractual Assessment District (CAD) No. 98-5 for the purpose of installing sewer improvements on Barbee Lane in Alamo; and WHEREAS, at the direction of this Board of Directors, Curtis W. Swanson, Environmental Services Division Manager, as Engineer of Work for improvement proceedings for the Barbee Lane CAD No. 98-5, Central Contra Costa Sanitary District, Contra Costa County, California, has prepared a report described in Section 5898.22 of the Streets and Highways Code (Municipal Improvement Act of 1911); and WHEREAS owners of each affected parcel will be provided written notice of the proposed assessment and ballot to indicate approval or opposition of the assessment pursuant to the procedures required by California Constitution Article XIII 0, Section 4, as amended by Proposition 218; NOW, THEREFORE, the Board of Directors of the Central Contra Costa Sanitary District resolves: 1. This Board sets 2 p.m. on July 19, 2001, at the Meeting Room of the Board of Directors, 5019 Imhoff Place, Martinez, California, as the time and place for hearing protests to the proposed improvements and the creation of the proposed Contractual Assessment District and assessment. 6/14/01 T:\TP _Planning\Leavitt\CADS\Barbee\PP\Set Hearing Date-Contract PP. wpd Page 4 of 5 2. The Secretary of the District is directed to publish, post, and mail the notices of improvement required by the Municipal Improvement Act of 1911, and to file an affidavit of compliance. The notice shall be published in the CONTRA COSTA TIMES not later than twenty (20) days before the date of the hearing. PASSED AND ADOPTED this 21 st day of June, 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, Central Contra Costa Sanitary District, County of Contra Costa, State of California APPROVED AS TO FORM: Kenton L. Aim District Counsel 6/14/01 T:\TP _Planning\Leavitt\CADS\Barbee\PP\Set Hearing Date-Contract PP.wpd Page 5 of 5 Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 21, 2001 Type of Action: CONFIRM PUBLICA TIOI\I No.: 3.;. CONSENT CALENDAR Subject: ADOPT A RESOLUTION CONFIRMING PUBLICATION OF DISTRICT ORDINANCE NO. 216 RETITLING AND AMENDING DISTRICT CODE CHAPTER 6.30 AND ADOPTING A REVISED SCHEDULE OF ENVIRONMENTAL AND DEVELOPMENT-RELATED RATES AND CHARGES Submitted By: Joyce E. Murphy Secretary of the District REVIEWED AND RECOMMENDED FOR BOARD ACTION: Initiating Dept./Div. : Administrative Department ~ ISSUE: Section 6490 of the Health and Safety Code of the State of California provides that District ordinances shall be published once in a newspaper of general circulation within the District, and provides that an Order of the Board of Directors of the District to the effect that the ordinance has been published shall constitute conclusive evidence that publication has been properly made. RECOMMENDATION: Adopt a resolution confirming the publication of District Ordinance No. 216. FINANCIAL IMPACTS: None related to this issue. AL TERNATIVES/CONSIDERATIONS: Establishes presumption that the ordinance was correctly published and therefore would be deemed procedurally valid by a court. BACKGROUND: District Ordinance No. 216 which was adopted by the Board at the meeting of May 10, 2001, and which retitles and amends District Code Chapter 6.30 and adopts a revised Schedule of Environmental and Development-Related Rates and Charges, was published in the Contra Costa Times on May 23, 2001. Proof of publication is attached. RECOMMENDED BOARD ACTION: Adopt a resolution confirming the publication of District Ordinance No. 216. 6/12/01 S:\ADMIN\MURPHY\Resolutions\POSITION PAPER.CONF PUB. wpd Page 1 of 4 .- PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA County of Contra Costa I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. I am the Principal Legal Clerk of the Contra Costa Times, a newspaper of general circulation, printed and published at 2640 Shadelands Drive in the City of Walnut Creek, County of Contra Costa, 94598. And which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Contra Costa, State of California, under the date of October 22, 1934. Case Number 19764. The notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire is:lUe of said newspaper and nut in any supplement thereof on the following dates, to-wit: Mav 23 all in the year of 2001 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed at Walnut Creek, California. On this 23 day of May, 2001 L.:.n ' ............. ... Signatur Contra Costa Times POBox 4147 Walnut Creek, CA 94596 (925) 935-2525 Proof of Publication of: (attached is a copy of the legal advertisement that published) ORDINANCE NO. 216 AN ORDINANCE OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT TO RETIT1.E AND TO AMEND DISTRICT CODE CHAPTER 6.30 AND TO ADOPT A REVISED SCHEDULE OF ENVIRONMENTAL AND DEVELOPMENT. RELATED RATES AND CHARGES WHEREAS, the Board of Directors of the Central Contra Costa Sanitary District finds that Is necessary to charge customers of the District and users of District serviceS for the reasonable cost of j)/'Ovidlng said servlce~ and WHEREAS, District staff has analyzed the cost of providing Environmental and Development-Related "ervices, such as (but not limited to, the services of providing for annexations, permits, Inspections, plan review, septage dlslJ9sa and Industrial user fees; and WHEREAS, the Board finds that the Schedule of Rates and Charges for Environmental and Development-Related Services provided by the District, as set forth in Exhibit A to thiS Ordinance, represents the reasonable cost of providing the services delineated within said Schedule or Rates and Charges; and WHEREAS, the Board of Directors finds that this action Is categorlcallv exempt from the Callfomla Environmental Qualily.Acl'(CEQA) pursuant to Section 15273 (a) (1) and (3) of the State CEOA Guidelines, In that the fees are ,being charged merely to reimburse the District ror staff costs and expenses; ~~~THEREFORE, the Board of Directors of the Central Contra Costa Sanitary District does hereby ordain as SECTION 1. Chapter 6.30 of the District Code Is hereby retitled "Schedule of Environmental and Development-Related Rates and Charges" and Is amended as set forth In Exhibit A to this Ordinance, which exhibit is hereby incorporated In full herein by this reference. SECTION 2. The fee for each of the Environmental and Development-Related Services described In said Exhibit A to this g~I~~tn8~J~~~ ~e~Jee~tl~e~ir:~I~hi~"8rJl~~~g~~~~~c~~~:~~~;;.rrgn~~~~~I~..?d b~~~lgg~IA't:~~ra~~a Rates and Charges, contained In Exhibit A, shall remain In effect until amended by ordinance. SECTION 3. This Ordinance shall be a general regUlation of the District and shall be published in the Contra Costa Times. a newspaper of general clrculatio.!)ifu IIshed and circulated within the Central Contra Costa Sanitary District and shall be effectIVe as of July 9, 2w . PASSED AND ADOPTED by the Board of Directors of the Central Contra Costa Sanitary District on the 10th day of May, 2001, by the following vote: ~b~~: ~~~~~: ~~~'irteele, Lucey, Menesinl, Nejedly, Hockett ABSENT: Members: None ~\;g;;;:~ent of the Board of Directors Central Contra Costa Sanitary District, County of Contra Costa, State of Is! Joyce E. MurptJy Secretary 01 the District Central Contra Costa Sanitary Distrlct C9unty of Cgntra Costa, State of Callfomla . . _ . ~~;;'~t~~ r. ~~,i,orm: District Counsel Page 2 of 4 - CAnlall A CHAPTER 8.30 SCHEDULE OF ENVIRONMENTAL AND DEVELOPMENT-RELATED RATES AND CHARGES CATEGORY FEES DEVELOPMENT & PLAN REVIEW (A) (A-1) !~jl A-5 A-6 (A-7) ~) ~B:~l ~~jl l~~l 8-7 8-8 (C) (C-1) fg:~l (C-4) 8:~! C-7 C-8 C-9 C-1 ) (OJ ~g:~l (0-3) IE) 1E-1j c-2 E-3 (F) (P-l) (F-2) (F-3) (F-4) ~J . -1 0-21 Development Review and 2 Prellmin~ + 1 Anal Plan Reviews Minimum Fee ~~ ~ ~N~~, ~~~r~:re~i"lews PermltIPlan Review Reimbursement Administration Charge Commercial Development Plan Review Initial Review Minimum Fee Additional Reviews Minimum Fee Special Cut Sheet Review CONSTRUCTION INSPECTION Mainline Inspection See Table A- 1 Standard Inspections $101 each Grease Interceptor, House Connections, Lateral Abandonments, Lateral Alterations Laterals, Sewer Main Taps"Side Sewer Repairs greaterihan 10 ~ Trash Enclosures Side "ewer Repair Inspection less than 10 n $14 each Overtime Inspection $831\1r WeekendiHOllda~ (4-hr min) $331 ~':;'~:n\~~~~~gl.ftr~~ectlon $545 Pipe Bursting Inspection $202 COnstruction Inspection of Non-Permitted Work $270 CATEGORY FEES COLLECTION SYSTEM 11.801ft. 746 min. 63 each 92 each 11 $120 165 65 65 32 32 Initial TV Inspection: Overtime ~e"e~~~~~y (4-hr mln) TV Rerun ~e=~I~:x.~2.5 hr.mln) ty&tT~W?~~xJ10~.mln) Sewer Tap Qye Test COllection System Repair . ~t~~~~o~~~~nCellatiOn RIGHT OF WAY ~~~~~tgrJ~ 6::~sment (3-hr mln) Process Real Property Agreement MISCELLANEOUS Englneeling-Private Sewer Profects Soli Evaluation-Private Sewer Projects Surveying CATEGORY INDUSTRIAL PERMIT FEES Class I &. II Fees $1921hr. 5770 $O.34Ift. 5248 + $1 36i\1r $587 $248+$192ihr 51,017 Actual expense ~fl~aI Expense Actual Expense $261 Actual Expense 1631ParCei 571\1r 171 Actual Expense Actual Expense Actual Expense 62011\1r. FEES ~r,e6~~~t fee of ~~~~~7 ~~IS {6d:'h\l~<targes separately if staff time Incurred is above that inciuded in the ~= re~~jt;~7 {6dg~'h\l~J'hargeS separately if staff time Incurred is above that Included in the base fee. $63 each 6355 each $341 each Indus1lial User Permit Application Fee ~Clal Discharge Permit Fee on_2r~~~~tion Class III Fee SEPTAOE DISPOSAL Annual Permit Fee $1,605 ~:'=~'lfti~~~t Waste' $18+ $0. 14/gal greater than 2083 callons $57 + $0.1 4/1ial I (0-3) Restaurant Grease Waste" less than 2000 gallons $18+$0.02Jgal . greater than 2000 gallons 557 + $O.02l\ial ' ..Otiher approved waste WIll be Charged at the Residential Septic and Portable Tcllet Waste rate unless actual I strength characteristics are provided. ~~ I MAlNUNE INSPECTION 5~Wh (Ft) ~~~~~~~% 101 -200 $628-4.241fl. ~1jgg !~~~~f2:~~;;:: 401-500 S;,,137+$2.491fl 506011:BOO $1,304 + $2.1 21ft $1 ,424 +$1.921ft TABLE A.2 OVERTIME MAINLINE INSPECTION CREDIT ~~~v::..~~CI Overtime Hours ?venime Credn (hrs)' greater than 4 but less than 8 2 greater than 8 but less than 16 4 greater than 16 but less than 32 6 greater than 32 8 , To compensate the contractor for the straight-time portion of inspection time included in the Mainline Inspectio' Fee. L~aI CCT 2067 Pwiish May 23, 2001 ~ ~. Page 3 of 4 RESOLUTION NO. 2001- RESOLUTION CONFIRMING PUBLICATION OF DISTRICT ORDINANCE NO. 216 RETITLING AND AMENDING DISTRICT CODE CHAPTER 6.30 AND ADOPTING A REVISED SCHEDULE OF ENVIRONMENTAL AND DEVELOPMENT-RELATED RATES AND CHARGES WHEREAS, Section 6490 of the Health and Safety Code of the State of California provides that District ordinances shall be published once in a newspaper of general circulation within the District, and provides that an Order of the Board of Directors of the District to the effect that the Ordinance has been published shall constitute conclusive evidence that publication has been properly made. NOW, THEREFORE, be it resolved by the Board of Directors of the Central Contra Costa Sanitary District as follows: THAT District Ordinance No. 216 which was adopted on May 10,2001, and which retitles and amends District Code Chapter 6.30 and adopts a revised Schedule of Environmental and Development-Related Rates and Charges, has been properly published once since its adoption in a newspaper of general circulation within Contra Costa County. PASSED AND ADOPTED by the Central Contra Costa Sanitary District Board of Directors this 21st day of June, 2001 by the following vote: 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 of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Approved as to Form: Kenton L. Aim District Counsel Page 4 of 4 PUBLIC HEARING TO RECEIVE COMMENTS ON CORWIN DRIVE/LA SONOMA/LOS ALAMOS CONTRACTUAL ASSESSMENT DISTRICT NO. 2000-4 SUGGESTED AGENDA JUNE 21, 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\CORWIN\hearin - 1 . wpd Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 21, 2001 No.: 4.a. 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 CORWIN DRIVE, LA SONOMA DRIVE AND LOS ALAMOS COURT PARCEL OWNERS IN CONJUNCTION WITH THE CORWIN DRIVE/LA SONOMA/LOS ALAMOS CONTRACTUAL ASSESSMENT DISTRICT NO. 2000-4 Submitted By: Curtis Swanson, Division Manager Initiating Dept ./Div. : Engineering/Environmental Services REVIEWE~ND RECDMMENDED FDR BDARD ACTIDN, ~,~'"'O" ~." ~ ISSUE: A public hearing must be conducted to consider objections and inquiries regarding the proposed assessment, the Resolution of Intention, the Engineer's Report, annexation, and any other comments regarding Corwin Drive/La Sonoma/Los Alamos Contractual Assessment District No. 2000-4 (CAD No. 2000-4). RECOMMENDATION: Conduct a public hearing. Adopt resolutions and authorize an agreement to implement Corwin Drive/La Sonoma/Los Alamos CAD No. 2000-4. FINANCIAL IMPACTS: The estimated total project cost is $401,410. 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 Corwin Drive/La Sonoma/Los Alamos CAD will be the fifth CAD funded in 2000-01. If approved, there will be $151,669 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. 6/14/01 U :\CAD\CORWIN\PubHear. PP. wpd Page 1 of 1 2 POSITION PAPER Board Meeting Date: June 21, 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 CORWIN DRIVE, LA SONOMA DRIVE, AND LOS ALAMOS COURT PARCEL OWNERS IN CONJUNCTION WITH THE CORWIN DRIVE/LA SONOMA/LOS ALAMOS CONTRACTUAL ASSESSMENT DISTRICT NO. 2000-4 BACKGROUND: A group of thirty-six parcel owners on Corwin Drive, La Sonoma Drive and Los Alamos Court in Alamo 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 Corwin Drive/La Sonoma/Los Alamos 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. The proposed sewer includes approximately 2,460 linear feet of 8-inch sewer main, one trunk manhole, eight manholes, and two rodding inlets that will serve the proponents' thirty-six 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 July 20, 2000, the Board of Directors adopted a resolution directing the preparation of a report for a Contractual Assessment District known as Corwin Drive/La Sonoma/Los Alamos CAD No. 2000-4. A report has been prepared, and assessments have been estimated. (The Engineer's Report is being provided to the Board under separate cover.) On May 10, 2001, the Board of Directors set a public hearing for June 21, 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 Corwin Drive/La Sonoma/Los Alamos CAD No. 2000-4, 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 6/14/01 U :\CAD\CORWI N\PubHear. PP. wpd Page 2 of 1 2 POSITION PAPER Board Meeting Date: June 21, 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 CORWIN DRIVE, LA SONOMA DRIVE, AND LOS ALAMOS COURT PARCEL OWNERS IN CONJUNCTION WITH THE CORWIN DRIVE/LA SONOMA/LOS ALAMOS CONTRACTUAL ASSESSMENT DISTRICT NO. 2000-4 c. consider public testimony related to annexation of the affected parcels to the District. 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. 6/14/01 U :\CAD\CORWIN\PubHear .PP. wpd Page 3 of 1 2 POSITION PAPER Board Meeting Date: June 21, 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 CORWIN DRIVE, LA SONOMA DRIVE, AND LOS ALAMOS COURT PARCEL OWNERS IN CONJUNCTION WITH THE CORWIN DRIVE/LA SONOMA/LOS ALAMOS CONTRACTUAL ASSESSMENT DISTRICT NO. 2000-4 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; . 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 thirty-six (36) 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 Corwin Drive/La Sonoma/Los Alamos CAD No. 2000-4 is $401,410. 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 Corwin Drive/La Sonoma/Los Alamos CAD 2000-4, the District will have committed $848,331 for CAD Projects and there will be $151,669 available for other CADs. Staff has concluded that this project is exempt from the California Environmental Quality Act (CEQA) 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. 6/14/01 U :\CAD\CORWI N\PubHear. PP. wpd Page 4 of 1 2 POSITION PAPER Board Meeting Date: June 21, 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 CORWIN DRIVE, LA SONOMA DRIVE, AND LOS ALAMOS COURT PARCEL OWNERS IN CONJUNCTION WITH THE CORWIN DRIVE/LA SONOMA/LOS ALAMOS CONTRACTUAL ASSESSMENT DISTRICT NO. 2000-4 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. . 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 Corwin Drive/La Sonoma/Los Alamos parcel owners. 6/14/01 U :\CAD\CORWI N\PubHear. PP. wpd Page 5 of 1 2 c ." .; ... o 6 o o N ." o U / 0- o ~ <l> '" '" o o o -;;; I u 0- '" / :;, Central Contra Costa Sanitary District ~ ~ r- I POTENTIAL CAD AREA EXISTING SEWER ............ PLANNED CAD SEWER * LIKELY CAP PARTICIPANT LIKELY NON- PARTICIPANT 5 LU ~ I ~ o C/l LA SaNa CT o I 100 LOCATION MAP N.T.S. FEET ..... .,., i:i> o PROPOSED BOUNDARY OF CORWIN DR/ LA SONOMA/LOS ALAMOS CAD 2000-4 DISTRICT PROJECT NOS. 5528 & 5529 8 N >- "'" ::I! 0. N Attachment A Page 6 of 12 EXHIBIT B RESOLUTION NO. RESOLUTION OVERRULING PROTESTS CORWIN DRIVE/LA SONOMA/LOS ALAMOS CONTRACTUAL ASSESSMENT DISTRICT NO. 2000-4 The Board of Directors of the Central Contra Costa Sanitary District resolves: On June 21, 2001, the Board of Directors held a public hearing on the Resolution of Intention and the Engineer's Report on the proposed improvement in Corwin Drive/La Sonoma/Los Alamos Contractual Assessment District No. 2000-4. 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 21 5T day of June, 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 6/14/01 U :\CAD\CORWIN\PubHear. PP. wpd Page 7 of 1 2 EXHIBIT C RESOLUTION NO. RESOLUTION CONFIRMING COMPLIANCE WITH CALIFORNIA CONSTITUTION, ARTICLE XIIID, SECTION 4 CORWIN DRIVE/LA SONOMA/LOS ALAMOS CONTRACTUAL ASSESSMENT DISTRICT NO. 2000-4 The Board of Directors of the Central Contra Costa Sanitary District resolves: 1. The Board set 2 p.m. on June 21, 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 2Pt day of June, 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 6/14/01 U :\CAD\CORWIN\PubHear. PP. wpd Page 8 of 12 EXHIBIT D RESOLUTION NO. RESOLUTION APPROVING ENGINEER'S REPORT AND ASSESSMENT AND ORDERING IMPROVEMENT CORWIN DRIVE/LA SONOMA/LOS ALAMOS CONTRACTUAL ASSESSMENT DISTRICT NO. 2000-4 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 Corwin Drive/La Sonoma/Los Alamos Contractual Assessment District No. 2000-4, 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 2,460 linear feet of sanitary sewer line, together with appurtenant work and facilities located at Corwin Drive, La Sonoma Drive, and Los Alamos Court in Alamo, California. 3. The Board called a hearing of protests on the Corwin Drive/La Sonoma/Los Alamos Contractual Assessment District No. 2000-4. 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. 6/14/01 U :\CAD\CORWIN\PubHear. PP. wpd Page 9 of 12 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. Number Document or Event Date or Action a. Resolution of Intention 7/20/00 2000-119 b. Resolution Approving Boundary Map 7/20/00 2000-1 20 c. Boundary Map Filed with County Recorder Filed d. Certificate of Mailing Notice of Improvement 6/11/01 Filed e. Certificate of Posting Notice of Improvement 6/1 2/01 Filed f. Affidavit of Publication of Notice of Improvement Pending 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 (CEOA) under District CEOA 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). 6/14/01 U :\CAD\CORWIN\PubHear .PP. wpd Page 10 of 1 2 PASSED AND ADOPTED this 21 5t day of June, 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, Central Contra Costa Sanitary District, County of Contra Costa, State of California APPROVED AS TO FORM: Kenton L. Aim, District Counsel 6/14/01 U :\CAD\CORWIN\PubHear. PP. wpd Page 11 of 1 2 SUMMARY OF PROJECT COSTS CORWIN DRIVE/LA SONOMA/LOS ALAMOS CAD NO. 2000-4 Construction $352,500 Engineering 39,000 District Services 9.910 TOTAL $ 40 1 .4 1 0 6/14/01 U :\CAD\CORWIN\PubHear. PP. wpd EXHIBIT E Page 1 2 of 1 2 Corwin Drive/La Sonoma/Los Alamos CAD 2000-4 . 38 properties; 36 participants . Meets current CAD Program criteria . 2,460 feet of sewer; 11 manholes . Participant cost Los Alamos $ 10,922 upfront or $ 1,520/year Corwin Drive $ 11 ,238 upfront or $ 1,564/year ENGINEER'S REPORT CORWIN DRIVE/LA SONOMA/LOS ALAMOS CONTRACTUAL ASSESSMENT DISTRICT C.A.D. No. 2000-4 (DISTRICT PROJECT NO. 5528 AND 5529) The undersigned respectfully submits the enclosed Engineer's Report as directed by the Board of Directors. ~......--~'-"""'-'-'-'\..\ M ,?\\OtESSIOi\l1 \\\ ~ ....... < ~ It ~ ....\N. S~;" <~ t ~ .',S "-1';: C' ~, "? '"'' -"r: :.-- " . c:s :'~ cp'" ~ 'I ..., ':::1. 0' ,.., ~ Cl:: :.(,,) z: ;Xl ~ *\ NO.30916 f*l '. ~IC.~ 5- ~l-OJ.' r. J';.....C'V\\....~~ I "'IE O;'C~\.\'\)~ 1/ ,/" BY:~/:~ U~ Curtis W. Swanson Division Manager Engineer of Work Dated: ~f1)F; 5:", 200 ( I U:\corwin.wpd Revised: 6/5/01 ENGINEER'S REPORT CORWIN DRIVE/LA SONOMA/LOS ALAMOS CONTRACTUAL ASSESSMENT DISTRICT CAD No. 2000-4 Curtis W. Swanson, Division Manager, and Engineer of Work for the demonstration project known hereinafter as the Corwin Drive / La Sonoma / Los Alamos Contractual Assessment District (C.A.D. No. 2000-4), makes this Engineer's Report, as directed by the Board of Directors, pursuant to the provisions of the Municipal Improvement Act of 1911, as amended. The improvements which are the subject of this report and which may be financed through the use of contractual assessments are briefly described as follows: Design and construction of approximately 2,460 linear feet of a-inch sanitary sewer pipeline, one trunk manhole, ten standard manholes, together with appurtenant work and facilities located at Corwin Drive / La Sonoma / Los Alamos in Alamo, California. Charles W. Batts, General Manager, is herein identified as the representative of the District who is authorized to enter into contractual assessment agreements on behalf of the District. There are thirty-eight (38) parcels included in C.A.D. No. 2000-4, thirty-six (36) of which will be assessed. No publicly owned property within the C.A.D. will be connected to the sewer improvements. U:\corwin.wpd 1 Revised: 6/8/01 The maximum aggregate dollar amount of contractual assessments will be $401,440. The maximum aggregate amounts of contractual assessments will be $292,190 for Corwin Drive / La Sonoma parcels and $109,220 for Los Alamos / La Sonoma parcels. Requests from parcel owners for financing are unlikely to exceed the authorized amount per the terms of the C.A.D. agreements. Therefore, no prioritization of such requests is likely to be necessary. The capital required to pay for the construction of the improvements will come from the District's Sewer Construction Fund for projects approved through the capital budget process. The District, in essence, will be the lender for this project. Thirty-six (36) of the Thirty-eight (38) owners of parcels in C.A.D. No. 2000-4 will be assessed the total project cost because the remaining owner does not presently desire to connect to the sanitary sewer system. The owners who sign a C.A.D. agreement will be given two options for payments: (i) The first option is paying up front. If a participant chooses this option, there will be no interest component. (ij) The second option is paying over time. If this option is chosen, the interest rate will be 6.76 percent and the time period for payments will be ten years. The District will have a statutory and contractual right to file a lien for any delinquent payments pursuant to Streets and Highway Section 5898.30. U:\corwin.wpd 2 Revised: 6/11/01 A reserve fund shall be included in the assessment district budget. The funds shall be available for payments to the District when assessment installments become delinquent. Withdrawals by the District will be reimbursed to the fund from proceeds of redemption or sale of the parcel for which installment payments were not received. The amount of the reserve fund will not be included in assessments. The reserve fund will be accounted for internally by the District. Funds allocated for contingency items, as shown in Exhibit B and not used during the construction of the project improvements prior to the acceptance of the project improvements by the District's Board of Directors, shall be used to reduce the total amount to be assessed. The design and construction of approximately 2,460 linear feet of 8-inch sanitary sewer pipeline, one trunk manhole, ten standard manholes, together with the appurtenant work, is an activity covered by the general rule that the California Environmental Quality Act (CEQA) applies only to projects which have the potential for causing a significant adverse effect on the environment. Given the very limited scope and nature of the proposed work, there is virtually no possibility that the activity in question may have a significant effect on the environment. Accordingly, the activity is not subject to CEQA. This report includes the following exhibits: Exhibit A - Plans and specifications for improvements to be constructed. A plan for the improvements is included as Exhibit A. Specifications are the District's Standard Specifications, which are separately bound and are a part of this report. Exhibit B - An estimate of the cost of the improvements. U:\corwin.wpd 3 Revised: 6/8/01 Exhibit B - An estimate of the cost of the improvements. Exhibit C - An assessment roll showing the method of payment for each parcel within the assessment district. The two options for payment are yearly assessments on the property tax roll for a period of ten years or paying now. Each parcel is described by County Assessor's parcel number, and each parcel is also assigned a separate "assessment number" for the purposes of this proceeding. Exhibit D - A statement of the method by which the undersigned determined the amount proposed to be assessed against each parcel, based on an agreement between the parcel owners and benefits to be derived by each parcel, respectively, from the improvements. Exhibit E - A list of the names and addresses of the owners of real property within this assessment district, as shown on the last equalized assessment roll for taxes, or as known to the Secretary of the District. The list is keyed to Exhibit C by assessment number. Exhibit F - A map showing the parcels of real property within this assessment district. The map is keyed to Exhibit C by assessment number. Exhibit G - Final draft contract specifying the terms and conditions between property owner(s) within the C.A.D. and District. u:;es ectfully sUbm. ~, , / tJ /;' ~ Curtis W. Swanson, Division Manager/ Engineer of Work U:\corwin.wpd 4 Revised: 6/5/01 111111111111 * + " .; ... o 6 o o N " 8 ./ Q. '" E '" '" <l> ~ '" o o ./ '" Q. '" E U g- ./ ... o I Central Contra Costa Sanitary District PROPOSED BOUNDARY OF CORWIN DR/ LA SONOMA/LOS ALAMOS CAD 2000-4 DISTRICT PROJECT NOS. 5528 & 5529 ,... or) ij, o 5 o N ~ ~ 0, N //'/ /// /// I POTENTIAL CAD AREA EXISTING SEWER PLANNED CAD SEWER LIKELY CAD PARTICIPANT LIKELY NON- PARTICIPANT Attachment A I UNIT ITEM QUANTITY IUNITS COST AMOUNT Construction 8-inch sewer PVC 800 LF $70 $56,000 8-inch sewer PVC 1,660 LF $65 $107,900 Trunk Manhole 1 EA $ 6,000 $6,000 Standard Manhole 10 EA $2,600 $26,800 4-inch lateral for 37 37 EA $1,200 $44,400 homes Easement Restoration LS $7,000 $ 7 , 000 Driveway Restoration LS $20,700 $20,700 Slurry Seal- Los Alamos 20,000 sf $.40 $8,000 & Los Sonoma Pavement Overlay $31,915 Construction Subtotal $307,215 Contingency 15% $45,285 Total Construction Cost $352,500 Private Engineering Survey and Design 1 lump sum $29,800 Easement Acquisition 1 lump sum $1,500 Material Testing 1 lump sum $2,000 Other Agency Fees 1 lump sum $4,000 Engineering Design 1 lump sum $1. 700 Contingency Total Private Engineering $39,000 Cost District Services Plan Review 1 lump sum $2,720 EXHIBIT B CORWIN DRIVE / LA SONOMA / LOS ALAMOS CONTRACTUAL ASSESSMENT DISTRICT CAD NO. 2000-4; THIRTY-SIX PARCELS REVISED TOTAL COST ESTIMATE JUNE 8, 2001 U:\corwin.wpd 6 Revised: 6/8/01 UNIT ITEM QUANTITY IUNITS COST AMOUNT Construction 1 lump sum $4,190 Inspection Administrative 1 lump sum $ 3.000 Charges Total District Costs $9.910 PROJECT COST SUBTOTAL (CONSTRUCTION $401,410 + PRIVATE ENGINEERING + DISTRICT) RESERVE FUND - 5% OF CONSTRUCTION $18,590 COST TOT AL PROJECT COST $420,000 U:\corwin.wpd 7 Revised: 6/8/01 EXHIBIT B (Continued) CORWIN DRIVE/LA SONOMA SEGMENT CORWIN DRIVE/LA SONOMA/LOS ALAMOS CONTRACTUAL ASSESSMENT DISTRICT CAD NO. 2000-4; TWENTY-SIX PA.RCELS UNIT ITEM QUANTITY IUNITS COST AMOUNT Construction 8-inch sewer PVC 1,660 LF $65 $107,900 Trunk Manhole lEA $6000 $6,000 Standard Manhole 7 EA $2,600 $18,200 4-inch lateral for 27 27 EA $1,200 $32,400 homes Easement Restoration LS $ 7,000 $ 7 , 000 Driveway Restoration LS $20,000 $20,000 Corwin Drive Pavement LS $31,915 Overlay Construction Subtotal $223,415 Contingency 15% $33,085 Total Construction Cost $256,500 Private Engineering Survey and Design 1 lump sum $21,520 Easement Acquisition 1 lump sum $1,500 Material Testing 1 lump sum $ 1 ,440 Other Agency Fees 1 lump sum $2,890 Engineering Design 1 lump sum $1.200 Contingency Total Private Engineering $28,550 Cost District Services Plan Review 1 lump sum $1,960 REVISED COST ESTIMATE JUNE 8, 2001 U:\corwin.wpd 8 Revised: 6/8/01 UNIT ITEM QUANTITY /UNITS COST AMOUNT Construction 1 lump sum $3,020 Inspection Adrrinistrative 1 lump sum $2.160 Charges Total District Costs $ 7 . 1 40 PROJECT COST SUBTOTAL (CONSTRUCTION $292,190 + PRIVATE ENGINEERING + DISTRICT) RESERVE FUND - 5% OF CONSTRUCTION $13,780 COST TOTAL PROJECT COST $305,970 U:\corwin.wpd 9 Revised: 6/8/01 UNIT ITEM QUANTITY IUNITS COST AMOUNT Construction 8-inch sewer PVC 800 LF $70 $56,000 Standard Manhole 3 EA $2,600 $7,800 4-inch lateral for 10 10 LF $1,200 $12,000 homes Slurry Seal 2000 SF $0.40 $ 8, 000 Construction Subtotal $83,800 Contingency 15% $12,200 Total Construction Cost $96,000 Private Engineering Survey and Design 1 lump sum $8,280 Material Testing 1 lump sum $560 Other Agency Fees 1 lump sum $1,110 Engineering Design 1 lump sum $500 Contingency Total Private Engineering $10,450 Cost District Services Plan Review 1 lump sum $760 Construction 1 lump sum $1, 1 70 Inspection Administrative 1 lump sum $840 Charges Total District Costs $2.770 EXHIBIT B (Continued) LOS ALAMOS/LA SONOMA SEGMENT CORWIN DRIVE/LA SONOMA/LOS ALAMOS CONTRACTUAL ASSESSMENT DISTRICT CAD NO. 2000-4; TEN PARCELS REVISED COST ESTIMATE JUNE 8, 2001 U:\corwin.wpd 10 Revised: 6/8/01 UNIT ITEM QUANTITY IUNITS COST AMOUNT PROJECT COST SUBTOTAL (CONSTRUCTION $109,220 + PRIVATE ENGINEERING + DISTRICT) RESERVE FUND - 5 % OF CONSTRUCTION $4,810 COST TOTAL PROJECT COST $114,030 U:\corwin.wpd 1 1 Revised: 6/8/01 EXHIBIT C CORWIN DR./LA SONOMA/LOS ALAMOS CONTRACTUAL ASSESSMENT DISTRICT CAD NO. 2001-1 ASSESSMENT ROLL TAX ROLL ASSESSMENT AMOUNT ASSESSMENT PARCEL (10-YR EaUAL PREPAID NUMBER DESCRIPTION PAYMENTS) (1) AMOUNT (2) 1 198-1 31-020 $1,520.32 $10,922.00 2 198-1 31-01 8 $1,520.32 $10,922.00 3 198-131-017 $1,520.32 $10,922.00 4 198-131-012 $1,520.32 $10,922.00 5 198-131-011 $1,520.32 $10,922.00 6 198-131-010 $1,520.32 $10,922.00 7 198-131-009 $1,520.32 $10,922.00 8 198-131-008 $1,564.32 $11,238.08 9 198-131-007 $1,564.32 $11,238.08 10 198-131-006 $1,564.32 $11,238.08 11 198-131-005 $1,564.32 $11,238.08 12 198-131-004 $1,564.32 $11,238.08 13 198-131-030 $1,564.32 $11,238.08 14 198-131-003 $1,564.32 $11,238.08 15 198-131-029 $1,564.32 $12,238.08 16 198-131-028 $1,564.32 $11,238.08 17 1 98-1 31-002 $1,564.32 $11,238.08 18 198-131-001 $1,564.32 $11,238.08 19 198-140-007 $1,564.32 $11,238.08 20 198-140-008 $1,564.32 $11,238.08 21 1 98-140-021 $1,564.32 $11,238.08 22 1 98-140-009 $1,564.32 $11,238.08 23 198-140-010 $1,564.32 $11,238.08 24 198-140-011 $1,584.32 $11,238.08 25 198-140-012 $1,584.32 $11,238.08 26 198-140-013 $1,564.32 $11,238.08 27 198-140-015 $1,564.32 $11,238.08 28 198-140-016 $1,564.32 $11,238.08 U:\CAD\CORWIN\Assessment RolI.WPD TAX ROLL ASSESSMENT AMOUNT ASSESSMENT PARCEL (10-YR EQUAL PREPAID NUMBER DESCRIPTION PAYMENTS) (1) AMOUNT (2) 29 198-140-020 $1,564.32 $11,238.08 30 198-140-017 $1,564.32 $11,238.08 31 198-140-018 $1,564.32 $11,238.08 32 198-140-019 $1,564.32 $11,238.08 33 1 98-140-006 $1,564.32 $11,238.08 34 198-140-005 $1,520.32 $10,922.00 35 1 98-140-004 $1,520.32 $10,922.00 36 198-131-021 $1,520.32 $10,922.00 (1) Interest rate for annual assessments is 6.76%. (2) Does not include reserve fund. Final amount will be based on final costs. U:\CAD\CORWIN\Assessment Roll.WPD __.___.____...__.... .,.,_^"__.~__,._...___.,.....___v.__....__._._._..___._...._,__.___..._,..___._.,__._______________.~,.__.._______.,_________.___m__ EXHIBIT D CORWIN DRIVE/LA SONOMA/LOS ALAMOS CONTRACTUAL ASSESSMENT DISTRICT C.A.D. NO. 2000-4 METHOD OF ALLOCATING PROJECT COST IN ACCORDANCE WITH AGREEMENT BETWEEN OWNERS AND ON THE BASIS OF BENEFIT DERIVED The method of allocating costs between the thirty-six parcels to be assessed within C.A. D. No. 2000-4 is dividing the Project Cost Subtotal amount (see Exhibit B) by the quantity of sewer and related facilities between Crowin Drive, La Sonoma, and Los Alamos. The separate project cost for Corwin Drive/La Sonoma segment will be divided evenly between the twenty-six parcels on Corwin Drive and La Sonoma whose owners presently desire to connect to the sanitary sewer system. The separate project cost for the Los Alamos/La Sonoma will be divided evenly between the ten parcels on Los Alamos and La Sonoma whose owners presently desire to connect to the sanitary sewer system. U:\corwin.wpd 14 Revised: 6/5/01 EXHIBIT E CORWIN DR./LA SONOMA/LOS ALAMOS CONTRACTUAL ASSESSMENT DISTRICT CAD NO. 2000-4 LIST OF PARCEL OWNERS ASSESSMENT ASSESSMENT NUMBER OWNER NUMBER OWNER JACK & MARGO PRYDE 5 LOS JIRO & AYA KODAMA 1 ALAMOS CT 12 3 CORWIN DRIVE ALAMO, CA 94507 ALAMO, CA 94507 198-131-020 0.46 ACRES 198-131-004 0.45 ACRES RA YMOND BENNETT EDWIN & TRACY CROLL 2 25 LOS ALAMOS CT P.O. BOX 483 ALAMO, CA 94507 DANVILLE, CA 94526 1 98-1 31 -01 8 0.50 ACRES 13 1 CORWIN DRIVE JOHN & GLORIA CAMPBELL ALAMO, CA 94507 3 35 LOS ALAMOS CT 198-131-030 0.62 ACRES ALAMO, CA 94507 198-131-017 0.50 ACRES GEORGE & JUDI BARBAROSH LAWRENCE & CAROLE JEWIK 26 SPOONBILL WAY 14 2 CORWIN DRIVE KEY WEST, FL 33040 ALAMO, CA 94507 198-131-003 0.53 ACRES 4 34 LOS ALAMOS CT ALAMO, CA 94507 CLARK & KATHRYN GANT, TRE. 1 98-1 31 -01 2 0.50 ACRES 15 4 CORWIN DRIVE ALAMO, CA 94507 198-131-029 0.58 ACRES ROBERT & SUSANN GREEN, TRE. JOHN PRUCHA & JANE DOLLIVER 5 30 LOS ALAMOS CT 16 6 CORWIN DRIVE ALAMO, CA 94507 ALAMO, CA 94507 1 98-1 31-011 0.50 ACRES 198-131-028 0.58 ACRES JAMES & HEIDI HILL JEANNETTE RIVERO 6 20 LOS ALAMOS CT 17 8 CORWIN DRIVE ALAMO, CA 94507 ALAMO, CA 94507 198-131-010 0.50 ACRES 198-131-002 0.59 ACRES TIMOTHY & BETTY AHLBERT, TRE. STEPHEN & SUZANNE CROSS 7 10 LOS ALAMOS CT 18 10 CORWIN DRIVE ALAMO, CA 94507 ALAMO, CA 94507 198-131-009 0.51 ACRES 198-131-001 0.60 ACRES ROBERT & BETSY MINER, TRE. DAVID & CHARLOTTE SPECK, TRE. 8 11 CORWIN DRIVE 19 12 CORWIN DRIVE ALAMO, CA 94507 ALAMO, CA 94507 198-131-008 0.50 ACRES 198-140-007 0.50 ACRES COLSON FAMILY TRUST GERALD & JOANNE CUNNINGHAM 9 9 CORWIN DRIVE 20 20 CORWIN DRIVE ALAMO, CA 94507 ALAMO, CA 94507 198-131-007 0.50 ACRES 198-140-008 0.50 ACRES IGOR & TANIA GRADOV JOHN & CATHERINE RUBIN 10 7 CORWIN DRIVE 21 30 CORWIN DRIVE ALAMO, CA 94507 ALAMO, CA 94507 198-1 31-006 0.50 ACRES 1 98-140-021 0.50 ACRES STEVEN COUTCHES PETER & JANECKE STAUFFER 11 5 CORWIN DRIVE 22 40 CORWIN DRIVE ALAMO, CA 94507 ALAMO, CA 94507 198-131-005 0.50 ACRES 198-140-009 0.54 ACRES U:\CAD\CORWIN\Assessment List.WPD ASSESSMENT ASSESSMENT NUMBER OWNER NUMBER OWNER BRADLEY & TRACY GRIGGS STEVEN FLEISHER 23 50 CORWIN DRIVE 31 35 CORWIN DRIVE ALAMO, CA 94507 ALAMO, CA 94507 198-140-010 0.50 ACRES 198-140-018 0.50 ACRES LAVERNE RILEY, TRE. RALpLI & DOROTHY CHASE, TRE. 24 60 CORWIN DRIVE 32 25 CJRWIN DRIVE ALAMO, CA 94507 ALAMO, CA 94507 198-140-011 0.51 ACRES 198-140-019 0.36 ACRES JOSEPH & MARCELLE ROISE, TRE. STEVEN & LORRAINE DALLONS 25 70 CORWIN DRIVE 33 23 LA SONOMA DRIVE ALAMO, CA 94507 ALAMO, CA 94507 198-140-012 0.50 ACRES 198-140-006 0.50 ACRES JAMES & KATHLEEN STRINZ, TRE. EV AN & PAMELA PEUGH 26 80 CORWIN DRIVE 34 21 LA SONOMA DRIVE ALAMO, CA 94507 ALAMO, CA 94507 198-140-013 0.50 ACRES 198-140-005 0.50 ACRES CHRISTOPHER & CHRISTINE REDER DA VID PENA 27 75 CORWIN DRIVE 35 11 LA SONOMA DRIVE ALAMO, CA 94507 ALAMO, CA 94507 1 98-1 40-01 5 0.50 ACRES 198-140-004 0.50 ACRES TIMOTHY & TERESA LEACH STEPHAN MICK 28 65 CORWIN DRIVE 36 6 LA SONOMA DRIVE ALAMO, CA 94507 ALAMO, CA 94507 198-140-016 0.53 ACRES 198-131-021 0.46 ACRES JOEL & LINDA GOLDMAN L1KEL Y FRANK & LINDA MARASCO 55 CORWIN DRIVE 15 LOS ALAMOS CT 29 ALAMO, CA 94507 NON- ALAMO, CA 94507 198-140-020 0.53 ACRES PARTICIPANT 198-131-020 0.46 ACRES EDWIN & ROBERT A JAMES, TRE. LIKELY JAMES & MELINDA STROUT 45 CORWIN DRIVE 85 CORWIN DRIVE 30 ALAMO, CA 94507 NON- ALAMO, CA 94507 198-140-017 0.46 ACRES PARTICIPANT 1 98-140-014 0.50 ACRES U:\CAD\CORWIN\Assessment List.WPD 1111111111 * + c: C' " -; o 6 o o N " o u .-- C>- o E '" '" '" '" '" o o o -;;; C>- o E u C>- '" .-- .:,< Central Contra Costa Sanitary District ill ~ <fJ <{ Cl- ~ a: I-- I I-- ~ o <fJ <fJ :5 :PI / / / / / / / 1/ / EXISTING SEWER PLANNED CAD SEWER LIKELY CAD PARTICIPANT LIKELY NON- PARTICIPANT ASSESSMENT NUMBER o I 100 200 I LOCATION MAP N.T.S. FEET PROPOSED BOUNDARY OF CORWIN DR/ LA SONOMA/LOS ALAMOS CAD 2000-4 DISTRICT PROJECT NOS. 5528 & 5529 ex> o $2 o o N ~ ~ 0, N Attachment F EXHIBIT G CORWIN DRIVE/LA SONOMA/LOS ALAMOS CONTRACTUAL ASSESSMENT DISTRICT NO. 2000-4 FUNDING AND ACQUISITION AGREEMENT THIS AGREEMENT, dated as of ,2001 (EFFECTIVE DATE), is by and between Central Contra Costa Sanitary District (DISTRICT), a sanitary district established pursuant to Health and Safety Code Section 6400 et seq., and a political subdivision of the State of California, and the persons who have signed this Agreement (each an "Owner" andcollectively the "Owners"), with respect to Contractual Assessment District No. 2000-4. WHEREAS, DISTRICT will establish a contractual assessment district pursuant to the provisions of the Municipal Improvement Act of 1911, Chapter 29 of the Streets and Highways Code of California (ACT) to facilitate the private construction of certain sewer improvements and, among other things, the transfer of ownership from OWNERs to DISTRICT upon completion of the improvements described in Exhibit A attached hereto and by this reference incorporated herein (IMPROVEMENT); and WHEREAS, OWNERs are a group of private property owners, each of whom holds separate title to certain discrete and individually owned parcels of real property presently utilizing septic tanks which are located within the contractual assessment district; and WHEREAS, an agreement is needed between OWNERs and DISTRICT before DISTRICT proceeds with the contractual assessment district; U :\Admin\Swanson\Alhambra C.A.O. \Funding.Agr. wpd Revised: 6/5/01 18 NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties hereto agree as follows: Section 1. Recitals. Each of the parties hereto represent and warrant, each to the other, that the above recitals are true and correct. Section 2. Contractual Assessments. (a) Assessments will provide reimbursement to DISTRICT. The financing for the Sewer Improvement project will be provided by the DISTRICT making payments as described in Section 4(d), from its Sewer Construction Fund and, subsequently, collecting reimbursements for that financing from each OWNER, according to each OWNER's calculated share, by placing assessment(s), including interest charged at a rate of 6.76 percent per annum, on each OWNER's individual property tax bill, over a ten-year period. The first charge will be placed on each OWNER's property tax bill in fiscal year 2002-2003. The estimated amount of the assessment(s) for each of the ten years is set forth on the schedule shown in Exhibit S, attached hereto and by this reference incorporated herein. The amount of the assessment(s) is based upon each OWNER's agreed share of the estimated Project Cost set forth in Section 4(b) below, plus interest. Said schedule is based on estimated costs and is subject to change pursuant to Section 4(d)(4) of this AGREEMENT. Final assessments will be based on actual costs after construction is complete. (b) Assessment will be placed on OWNER'S tax bills. Each OWNER who does not pay their agreed share in full upon final completion of construction of the U :\Admin\Swanson\Alhambra C .A. D. \Funding.Agr. wpd Revised: 6/5/01 1 9 ._,,- ._'",.__._---~~-_._.,-,--,--_._._._._-_._~_._._----_..._._._--_._~-----_.__.._-_.._~---_.._.._----_..._.._._---.--......---.--- .--..-..--.--.-.,....-..-."- IMPROVEMENT thereby agrees to the assessment(s) being placed on OWNER's property tax bills for ten years and agrees to pay the assessment(s) so placed. If any individual OWNER fails to pay said assessment(s) for any year as it appears on the schedule shown in Exhibit B, that individual owner agrees that the assessment(s) will become a lien against that individual OWNER's real property. (c) Assessment Prepayment. An OWNER may prepay their assessment or any portion thereof at any time during the ten-year payment period by paying the remaining principal. There will be no prepayment charge or penalty for such prepayment. Section 3. OWNER is Responsible for Construction. OWNERs agree to construct IMPROVEMENT in accordance with this AGREEMENT, and the improvement plans, and reasonably expect to complete IMPROVEMENT, and request payment therefor, pursuant to Section 4 of this AGREEMENT within one (1) year of the date of this AGREEMENT. Section 4. Completion of and Payment for IMPROVEMENTS. (a) Plans and Specifications and Insurance Requirements. OWNERs represent that they shall select a civil engineer and have said engineer prepare plans and specifications for IMPROVEMENT and that IMPROVEMENT shall be constructed by OWNERs in compliance with current DISTRICT, and other agency, standards applicable to the construction of public improvements and in compliance with any applicable State or local law or regulation. OWNERs shall select their general contractors in a manner acceptable to DISTRICT. The improvement construction contract shall also expressly provide that standard mechanics lien provisions set forth in Civil Code Section 3110 et seq. shall apply to the contract for construction of IMPROVEMENT. Stop Notice U :\Admin\Swanson\Alhambra C.A. D. \Funding .Agr. wpd Revised: 6/5/01 20 provisions as set forth in California Civil Code Section 3179 et seq. shall not apply to the contract for construction of IMPROVEMENT. (1) All contracts related to the construction of IMPROVEMENT, and all change orders thereto, together with the plans and specifications therefor, shall be submitted to DISTRICT for review and approval of the cost, and scope of work. DISTRICT will submit to OWNERs a written approval or denial of any contract or change order (identifying the reasons therefor) within ten (10) working days after receipt by DISTRICT of the contract or change order. The decision of DISTRICT will be final. (2) All contracts related to the construction of IMPROVEMENTS shall require OWNERs' general contractors to purchase and maintain insurance continuously during the life of said contract as follows: (i) The contractor shall furnish OWNERs with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of policies. OWNERs shall furnish DISTRICT with copies of said certificates. All of the policies of insurance so required to be purchased and maintained (or the certificates or other evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed, or renewal refused until at least 30 days' prior written notice has been given to OWNERs by certified mail. All such insurance shall remain in effect during the course of the work and at all times thereafter, when the contractor may be correcting, removing, or replacing defective work. In addition, the insurance required herein (except for Workers' Compensation and Employer's Liability) shall name OWNERs, DISTRICT and their officers, directors, agents and employees as "additional insureds" under the policies. (ii) Workers' Compensation and Employer's Liability: This insurance shall protect the contractor against all claims under applicable state and workers' compensation laws. The contractor shall also be protected against claims for U :\Admin\Swanson\Alhambra C.A. D. \Funding.Agr. wpd Revised: 6/5/01 21 injury, disease, or death of employees which, for any reason, may not fall within the provisions of a workers' compensation law. This policy shall include an "all states" endorsement. The contractor shall require each subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees to be engaged in such work unless such employees are covered by the protection afforded by the contractor's Workers' Compensation Insurance. In case any class of employees is not protected under the Workers' Compensation Statute, the contractor shall provide, and shall cause each subcontractor to provide, adequate employer's liability insurance for the protection of such of its employees as are not otherwise protected. Limits shall be as follows: STATE: Statutory APPLICABLE FEDERAL: Statutory EMPLOYERS LIABILITY: $100,000 (iii) Comprehensive General Liability: This insurance shall be written in comprehensive form and shall protect the contractor against all claims arising from injuries to persons other than its employees or damage to property of the OWNERs or others arising out of any act or omission of the contractor or its agents, employees, or subcontractors. The policy shall also include protection against claims insured by usual personal injury liability coverage, a "protective liability" endorsement to insure the contractual liability assumed by the contractor under the indemnification provisions in said contract. Limits shall be as follows: BODILY INJURY: $1,000,000 (for each occurrence and annual aggregate) PROPERTY DAMAGE: $1,000,000 (for each occurrence and annual aggregate) . (iv) Comprehensive Automobile Liability: This insurance shall be written in comprehensive form and shall protect the contractor against all claims for injuries to members of the public and damage to property of others arising from the U:\Admin\Swanson\Alhambra C.A. D. \Funding .Agr. wpd Revised: 6/5/01 22 use of motor vehicles, and shall cover operation on or off the site of all motor vehicles licensed for highway use, whether they are owned, non owned, or hired. Limits shall be as follows: BODILY INJURY: $1,000,000 (for each occurrence and annual aggregate) PROPERTY DAMAGE: $1,000,000 (for each occurrence and annual aggregate) (b) Proiect Cost. (1) Determination of Proiect Cost. Except as hereinafter provided, the Project Cost to be financed by DISTRICT for any IMPROVEMENT shall be determined by DISTRICT and shall not exceed the reasonable cost thereof, including the reasonable cost of necessary appurtenant works and the costs of preparing plans and specifications, as well as the construction contracts and all costs of construction reasonably determined by DISTRICT to be eligible under the ACT to be part of Project Cost, such as fees and costs incurred in obtaining permits, including any encroachment permits required by the County of Contra Costa for installation of the IMPROVEMENT through the County owned right-of-way, licenses, the costs of change orders, engineering, and inspection fees and administrative charges constituting a part of IMPROVEMENT. Project Cost shall not include costs attributable to OWNERs' overhead or profit, interest payments owing by OWNERs, or carrying costs for IMPROVEMENT prior to its acquisition by DISTRICT, or costs resulting from extraordinary conditions (such as shortened time for performance) set forth in any construction contract. As of the effective date of this AGREEMENT, OWNERs and DISTRICT agree the estimated combined Project Cost is $401,410 (four hundred one thousand four hundred ten dollars). The estimated cost of the Corwin Drive/La Sonoma/ segment and Los Alamos/La Sonoma segment is $292,190 and $109,220 respectively. U :\Admin\Swanson\Alhambra C.A.D. \Funding .Agr. wpd Revised: 6/11/01 23 (2) Substantiation. OWNERs shall provide to DISTRICT all documentation substantiating the cost of IMPROVEMENT reasonably requested by DISTRICT. (c) Inspection and Acceptance. (1) Inspection: Compliance with Regulations. All components of IMPROVEMENT constructed under this AGREEMENT shall be inspected by DISTRICT, pursuant to DISTRICT's standards and policies. Prior to DISTRICT acceptance of any IMPROVEMENT, IMPROVEMENT shall be subject to inspection by DISTRICT. OWNERs shall provide DISTRICT, prior to DISTRICT's acceptance of any component of IMPROVEMENT, with record drawings or similar documents in a form complying with applicable DISTRICT requirements. (2) Acceptance. When fully completed to the reasonable satisfaction of DISTRICT, IMPROVEMENT shall be accepted by DISTRICT in accordance with applicable DISTRICT policy. The documentation described in Section 4(c)( 1) of this AGREEMENT shall be delivered to DISTRICT prior to DISTRICT's acceptance of IMPROVEMENT. IMPROVEMENT shall not be accepted unless it is ready for use by DISTRICT or the public, based on applicable DISTRICT standards relating to construction of public improvements. If OWNERs request payment for IMPROVEMENT, or a portion thereof, by submitting a payment request form (PR) and DISTRICT approves the PR as set forth in Section 4(d), DISTRICT may make payment to OWNERs by paying no more than the Project Cost for the IMPROVEMENT pursuant to Section 4(d) of this AGREEMENT; provided, however, that the portion of the IMPROVEMENT which is the subject of the payment request has been constructed in compliance with the approved plans and specifications for the IMPROVEMENT. However, neither DISTRICT, nor any other public U :\Admin\Swanson\Alhambra C .A.D. \Funding .Agr. wpd Revised: 6/5/01 24 agency, shall accept liability, or responsibility, for any IMPROVEMENT, or the maintenance thereof, until DISTRICT has accepted the IMPROVEMENT pursuant to this Section 4(c)(2). Any IMPROVEMENT accepted by DISTRICT shall carry a minimum one-year guarantee from date of acceptance by DISTRICT; such guarantee to be assigned to DISTRICT. (d) Payment of Project Cost. (1) Completed Improvement. At the time OWNERs request that DISTRICT accept IMPROVEMENT, OWNERs also may request in writing, on the PR attached hereto as Exhibit C and incorporated by reference herein, payment of the Project Cost for IMPROVEMENT from amounts on deposit with the DISTRICT. OWNERs may also request in writing that DISTRICT pay a portion of the cost of work which constitutes less than a complete, discrete portion of IMPROVEMENT listed in Exhibit D. OWNER shall submit all supporting documentation required by DISTRICT to support its payment request. (i) Timing; Amount. OWNERs may submit two (2) new PRs per calendar month. The Project Cost for any IMPROVEMENT, when added to all other funds previously requested by OWNERs pursuant to a PR, shall not exceed the total of the budgeted amounts available for payment by DISTRICT of the Project Cost for all IMPROVEMENTS to be acquired and as estimated pursuant to Section 4(b)(1); provided, however, that the budgeted amounts for each IMPROVEMENT, or discrete portion thereof, are not intended to be absolute limits on the Project Cost of that IMPROVEMENT, or discrete portion, insofar as any cost savings on a particular IMPROVEMENT, or discrete portion thereof, may, upon completion of all of IMPROVEMENTS, at the option of U :\Admin\Swanson\Alhambra C .A. D. \Funding.Agr. wpd Revised: 6/5/01 25 DISTRICT and subject to Section 4(b) of this AGREEMENT, be offset against costs in excess of those set forth in Exhibit A for another IMPROVEMENT, or discrete portion thereof. However, in no event shall the aggregate Project Cost for IMPROVEMENT in its entirety exceed the aggregate amount set forth in Exhibit 0, attached hereto and incorporated by reference herein, which comprises the grand total Project Cost for IMPROVEMENT. Unless the DISTRICT expressly agrees in writing, the OWNERs shall be solely liable for the payment of any cost for improvement which exceeds the aggregate amount set forth in Exhibit D. (ij) Documentation. Any PR submitted by OWNERs shall be properly executed and shall include all supporting documentation required by DISTRICT. If required by DISTRICT, OWNERs also shall record a Notice of Completion for the IMPROVEMENT, and shall demonstrate to DISTRICT that OWNERs contractor(s) have provided final unconditional statutory lien releases for IMPROVEMENT thereof to be accepted. No Notice of Completion shall be required to be submitted for an IMPROVEMENT, if there is other work to be performed under the contract pursuant to which it was constructed. (iii) Review of Payment Request (PR). DISTRICT will review each PR and inform OWNERs in writing within ten (10) working days after receipt thereof, the reasons, if any, for its denial of all, or any portion, of the funds requested by the PRo OWNERs shall have the right to challenge the denial by submitting further documentation and/or to resubmit the PR within thirty (30) days after receipt of the denial. A resubmittal shall not be deemed a new PR for purposes of Section 4(d)(1) of this AGREEMENT. DISTRICT will review any resubmitted PR and inform OWNERs of its approval or denial of it in accordance with this Section 4(d)( 1) within ten (10) working days after receipt of the U :IAdminlSwansonlAlhambra C.A.O. IFunding .Agr. wpd Revised: 6/5/01 26 resubmission. The decision of DISTRICT regarding a PR, or any resubmitted PR, shall be final. (iv) Payment. DISTRICT will pay to OWNERs the amount approved in the PR within thirty (30) days after receipt of PR, or resubmittal of a PR, which is not timely denied by DISTRICT. (v) Delay Portion of Payment - Retention. DISTRICT will be entitled to delay payment to OWNERs for ten percent (10%) of the Project Cost until thirty-five (35) days after acceptance of IMPROVEMENT by DISTRICT. (2) Discrete Portions of Improvement. OWNERs may submit a PR in accordance with the provisions of Section 4(d)( 1) for certain discrete portions of those IMPROVEMENT described in Exhibit D and in accordance with the sequence described in Exhibit D. (3) Payment by the DISTRICT for any portion of work does not constitute acceptance of IMPROVEMENT or responsibility for maintaining IMPROVEMENT until ownership of IMPROVEMENT is expressly accepted by DISTRICT. Until the DISTRICT expressly accepts the IMPROVEMENT, OWNERs retain ownership and shall maintain said IMPROVEMENT. Under no circumstance shall payment by DISTRICT for a portion of work be interpreted as DISTRICT's acceptance of IMPROVEMENT which comprises less than any discrete portion of IMPROVEMENT described in Exhibit D. (4) If OWNERs request payment for IMPROVEMENT or discrete portions thereof, in an amount less than the budgeted amount as set forth in Exhibit D, for U :IAdminlSwansonlAlhambra C .A.D. IFunding .Agr. wpd Revised: 6/5/01 27 IMPROVEMENT or any discrete portion thereof, the difference between the amount requested by OWNERs and the budgeted amount shall, at the option of DISTRICT, be made available for purchasing other improvements, or discrete portions thereof. DISTRICT will not in any circumstance make payments for IMPROVEMENTS in excess of the aggregate of the amounts set forth in Exhibit D, which comprises the total Project Cost for IMPROVEMENT. Upon completion and acceptance of, and payment for, IMPROVEMENT, in its entirety, DISTRICT shall reduce the amount of assessment for each OWNER in a prorated amount equal to one twenty-sixth (1/26) for Corwin Drive and La Sonoma parcels or one tenth (1/10) for La Sonoma and Los Alamos parcels of the difference between the actual cost of IMPROVEMENT and the original estimated cost of IMPROVEMENT for the Grothman Lane improvements or the Alhambra Way improvements respectively as set forth in Section 4(b)( 1) above, if any such difference in cost exists. In the event any change of work order has resulted in an additional cost in excess of the aggregate of the amounts set forth in Exhibit D, which increases the total Project Cost, as approved by the DISTRICT, DISTRICT shall increase the amount of assessment for each OWNER in a prorated amount equal to one twenty-sixth (1/26) or one tenth (1/1 0) of the amount of the additional cost. (e) Payment of Excess Costs. OWNERs hereby agree to pay all costs of IMPROVEMENT in excess of the aggregate budgeted amounts, as set forth in Exhibit D hereto. (f) Transfer of Ownership of the Improvements. Only the express acceptance of IMPROVEMENT by DISTRICT in accordance with Section 4(c)(2) shall constitute the transfer of ownership of IMPROVEMENT from OWNERs to DISTRICT. U :IAdminlSwansonlAlhambra C .A. D. IFunding .Agr. wpd Revised: 6/5/01 28 Section 5. Reoayment. Two (2) of the thirty-eight (38) parcel owners within the Assessment District who could connect their homes to the IMPROVEMENT, but have opted not to be connected, are not being assessed. If the owners of these parcel choose to connect their property to the IMPROVEMENT within twenty (20) years from the date of this AGREEMENT, DISTRICT will collect a repayment charge from those parcel owners. These repayment charges will be applied toward (1) refunds to OWNERs who paid their total assessments up front or (2) reducing the remaining assessments of OWNERS who pay annual assessments on their tax bills if the repayment charge is collected during the ten-year assessment period. If the repayment is collected after the ten-year assessment period, the money collected will be refunded to the then current owners of original participating parcels on the Corwin Drive/La Sonoma segment or Los Alamos/La Sonoma segment as appropriate. Refunds will be made to owners whose names appear on the then current assessment roll of Contra Costa County when the repayment charge is collected. The amount of the repayment charge will be as shown in Exhibit E hereto. Section 6. Indemnification and Hold Harmless. (a) INDEMNITY. OWNERs, severally but not jointly, shall hold harmless, indemnify and defend DISTRICT, its officers, agents and employees from the liabilities as defined in this section. (i) The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including, but not limited to, personal injury, death, property damage, inverse condemnation, patent and/or copyright infringement, damages arising out of disputes as to licensing fees or the ownership of any land associated with the matters covered by this AGREEMENT, any and all damages arising from the imposition of regulatory fines imposed U :\Admin\Swanson\Alhambra C .A. D. \Funding .Agr. wpd Revised: 6/5/01 29 for the violation of local ordinances, administrative regulations, or the like, in connection with the work; or any combination of these and regardless of whether or not such liability, claim or damage was unforeseeable. (ii) The actions causing liability are any act or omission, whether active or passive negligence or any non-negligent conduct by indemnitor in connection with the matters covered by this AGREEMENT and attributed to OWNERs, contractor, subcontractor, material supplier, or any officer, agent or employee of one or more of them, including but not limited to, actions related to the construction, testing and connection of the IMPROVEMENT and the ownership or use of real property for the purpose of constructing, testing and connecting the IMPROVEMENT. (iii) Non-conditions: The promises and agreements in this Section are not conditioned or dependent upon whether or not the DISTRICT, as indemnitee, has prepared, supplied, accepted or approved any plan(s) or specification(s) in connection with this work, or subdivision, or has insurance or other indemnification covering any of these matters. (b) No provision of this AGREEMENT shall in any way limit OWNERs' responsibility for liability, loss, costs, or damages resulting from the operations of OWNERs, their agents, employees, or its contractors. Section 7. Audit. DISTRICT will have the right, upon reasonable prior notice and during normal business hours, to review OWNERs' books and records pertaining to costs and expenses incurred by OWNERs in constructing IMPROVEMENT. The reasonable costs of any such review shall be borne by OWNERs. Section 8. No Relationship to Public Contract. The parties hereto agree that this AGREEMENT is for the acquisition of IMPROVEMENT by DISTRICT and is not, nor is U :\Admin\Swanson\Alhambra C.A. D. \Funding .Agr. wpd Revised: 6/5/01 30 it intended to be, a public construction contract. In performing this AGREEMENT, each OWNER is an independent contractor and not the agent of DISTRICT. DISTRICT owes no duty whatsoever to any engineer, architect, employee, or subcontractor of OWNERs, or agent of OWNERs. Section 9. Owners' Obligations. Nothing contained herein shall be construed as affecting OWNERs' duty to perform its obligations under other agreements relating to IMPROVEMENT, all of which obligations are, and shall remain, independent of OWNERs' rights and obligations under this AGREEMENT. Section 10. Notices. Any notice, payment, or instrument required or permitted by this AGREEMENT to be given or delivered to either party shall be deemed to have been received when personally delivered or within seventy-two (72) hours following deposit of the same in any United States Post Office in California, postage prepaid, addressed as follows: Owner: Ralph Speck 1 2 Corwin Drive Alamo, CA 94507 District: Central Contra Costa Sanitary District A TTN: MR. CURTIS SWANSON 5019 Imhoff Place Martinez, CA 94553 Either party may change its address or addresses for delivery of notice by delivering written notice of the change of address to the other party. Section 11. Severabilitv: Governing Law. If any part of this AGREEMENT is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this AGREEMENT shall be given effect to the fullest extent reasonably possible. This U :\Admin\Swanson\Alhambra C.A. D. \Funding .Agr. wpd Revised: 6/5/01 31 AGREEMENT shall be governed, and the rights and duties (both procedural and substantive) of the parties shall be determined, by the laws of the State of California. Section 12. Successors and Assigns. This AGREEMENT shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. This AGREEMENT may not be assigned by OWNERs without the prior written consent of DISTRICT. In connection with any such assignment for which consent of DISTRICT is required, DISTRICT may condition its consent upon the acceptability of the financial condition of the proposed assignee and upon any other factor which DISTRICT deems relevant in the circumstances. This Agreement shall be recorded with the Contra Costa County Recorder. Section 13. Limited Liabilitv of District. DISTRICT's acquisition of IMPROVEMENT is not backed by the full faith and credit of DISTRICT, but is limited solely to the funds available to DISTRICT in the contractual assessment district, if any, as a result of the proceedings for formation of the contractual assessment district and confirmation of assessments. Any funds committed by DISTRICT as a contribution, grant, subventions, or otherwise are not available for the purposes of this AGREEMENT, unless and until assessments have been confirmed under proceedings for the contractual assessment district. No Board member, officer, official, employee, or agent of DISTRICT will incur any liability in his or her individual capacity to OWNERs or any other party by reason of their actions hereunder or execution hereunder. Section 14. Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this AGREEMENT by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of U :\Admin\Swanson\Alhambra C .A.D. \Funding.Agr. wpd Revised: 6/5/01 32 the party's right to insist and demand strict compliance thereafter by the other party with the terms of this AGREEMENT. Section 15. Merger. This AGREEMENT, together with the Exhibits hereto, supersedes all prior agreements and representations concerning the subject matter hereof, whether written or oral, and contains the entire agreement of the parties respecting the matters covered hereby. No other agreement, statement, or promise made by any party or any employee, officer, or agent of any party with respect to any matters covered hereby that are not in writing and signed by all the parties to this AGREEMENT shall be binding. Section 16. Parties in Interest. Nothing in this AGREEMENT, expressed or implied, is intended to or shall be construed to confer upon or to give to any person or entity, other than DISTRICT and OWNERs, any rights, remedies, or claims under or by reason of this AGREEMENT or any covenants, conditions, or stipulations hereof; and all covenants, conditions, promises, and agreements in this AGREEMENT contained by or on behalf of DISTRICT or OWNERs shall be for the sole and exclusive benefit of DISTRICT and OWNERs. Section 17. Attornevs' Fees. The prevailing party in any arbitration or lawsuit brought to interpret or enforce the terms of this AGREEMENT, or in any claims whether in contract, tort or otherwise, arising directly or indirectly. out of this AGREEMENT or its performance, shall be entitled to recover its reasonable costs and attorneys' fees from the other party, and the court or arbitrator shall award such attorneys' fees as an element of costs. For purposes of this provision, "prevailing party" shall include a party which dismisses an action for recovery hereunder in exchange for U :\Admin\Swanson\Alhambra C .A. D. \Funding .Agr. wpd Revised: 6/5/01 33 ...-.....----------.---.........-----.---.----r--.--..........-......-- payment of the sum allegedly due, performance of covenants allegedly breached, or consideration substantially equal to the relief sought in the action or proceeding. "Prevailing party" shall not include any party who refuses an offer of compromise within ten (10) days of trial or arbitration of the matter, and fails to receive an award more favorable than the terms and conditions set forth in the offer of compromise, either in the amount of damages awarded or the type of relief granted. Section 18. Counteroarts. This AGREEMENT may be executed In counterparts, each of which shall be deemed an original. Section 19. Amendments. Amendments to this AGREEMENT shall be made only by written instrument executed by each of the parties hereto. IN WITNESS WHEREOF, the parties have executed this AGREEMENT as of the Effective Date. Central Contra Costa Sanitary District By: Charles W. Batts General Manager Owner: By: Jack Pryde Margo Pryde Assessment Parcel No.1 By: Raymond Bennet Assessment Parcel No.2 U :\Admin\Swanson\Alhambra C.A.D. \Funding.Agr. wpd Revised: 6/5/01 34 """----"---"------""-"--"-- -----"-"-"""-- "-"-"-"-- -"" -"-Or By: John Campbell Gloria Cambell By: George Barbarosh By: Robert Green, Trustee By: James Hill By: Timothy Ahlbert, Trustee By: Robert Miner, Trustee By: Colson Family Trustee By: Igor Gradov By: Steven Coutches By: Jiro Kodama By: Edwin Croll By: Lawrence Jewik Judi Barbarosh Assessment Parcel No.3 Assessment Parcel No.4 Susann Green, Trustelt\ssessment Parcel No.5 Heidi Hill Assessment Parcel No.6 Betty Ahlbert, TrusteeAssessment Parcel No.7 Betsy Miner, Trustee Assessment Parcel No.8 Tania Gradov Aya Kodama Tracy Croll By: Carole Jewik Clark & Kathryn Gant, Trustee U :\Admin\Swanson\Alhambra C.A. D. \Funding .Agr. wpd Revised: 6/5/01 35 Assessment Parcel No.9 Assessment Parcel No.1 0 Assessment Parcel No. 11 Assessment Parcel No. 12 Assessment Parcel No. 13 Assessment Parcel No. 14 Assessment Parcel No. 15 -..-----------------------------------..----------------.--------------------------------------------------------r- By: By: By: By: By: By: By: By: By: John Prucha Jane Dolliver Jenneatte Rivero Stephen Cross David and Charlotte Speck, Trustees Gerald Cunningham Joanne Cunningham John Rubin Cartherine Rubin Peter Stauffer Janecke Stauffer Bradley Griggs Tracy Griggs Laverne Riley, Trustee By: Joseph and Marcelle Roise, Trustees By: James and Kathleen Strinz, Trustees By: Christine Reder Christopher Reder By: Teresa Leach Timothy Leach U :\Admin\Swanson\Alhambra C .A.D. \Funding.Agr. wpd Revised: 6/8/01 36 Assessment Parcel No. 16 Assessment Parcel No.17 Assessment Parcel No. 18 Assessment Parcel No. 19 Assessment Parcel No. 20 Assessment Parcel No. 21 Assessment Parcel No. 22 Assessment Parcel No. 23 Assessment Parcel No. 24 Assessment Parcel No. 25 Assessment Parcel No. 26 Assessment Parcel No. 27 Assessment Parcel No. 28 -.-....................-..-.-....- .....-....-.-... ......--.-----..-.--.----.-.-.T--...- -.--.---.--.---- By: By: By: By: By: By: By: Joel Goldman Linda Goldman Edwin and Roberta James, Trustee Steven Fleisher Ralph and Dorothy Chase, Trustee Steven Dallons Lorraine Dallons Evan Peugh Pamela Peugh David Pena By: Stephan Mick By: Frank Marasco Linda Marasco By: James Strout Melinda Strout U :\Admin\Swanson\Alhambra C .A. D. \Funding .Agr. wpd Revised: 6/5/01 37 Assessment Parcel No. 29 Assessment Parcel No. 30 Assessment Parcel No. 31 Assessment Parcel No. 32 Assessment Parcel No. 33 Assessment Parcel No. 34 Assessment Parcel No. 35 Assessment Parcel No. 36 Likely Non-Participant Likely Non-Participant .... "'T""'" ....... ...... EXHIBIT A CONTRACTUAL ASSESSMENT DISTRICT NO. 2000-4 DESCRIPTION OF IMPROVEMENT Within the County of Contra Costa, State of California, the preparation of plans for and the construction and acquisition of sanitary sewer improvements along Corwin Drive, La Sonoma, and Los Alamos, including all design, surveying, soil and geotechnical engineering, plan check and inspection fees, permit acquisition, and administrative charges. U :\Admin\Swanson\Alhambra C.A. D. \Funding .Agr. wpd Revised: 6/5/01 A-1 EXHIBIT B CONTRACTUAL ASSESSMENT DISTRICT NO. 2000-4 LOS ALAMOS/LA SONOMA SEGMENT SCHEDULE OF ASSESSMENTS ASSESSMENT PARCEL NOS. 1 THROUGH 10 Year Amount* 1 $1,520.32 2 $1,520.32 3 $1,520.32 4 $1,520.32 5 $1,520.32 6 $1,520.32 7 $1,520.32 8 $1,520.32 9 $1,520.32 10 $1,520.32 * Final amount will be based on final costs. Interest rate is 6.76%. U:\Admin\Swanson\CorwinC.A.D.\Funding.Agr.wpd B-1 Revised: 6111/01 EXHIBIT B CONTRACTUAL ASSESSMENT DISTRICT NO. 2000-4 CORWIN DRIVE/LA SONOMA SEGMENT SCHEDULE OF ASSESSMENTS ASSESSMENT PARCEL NOS. 8 THROUGH 33 Year Amount* 1 $1,564.32 2 $1,564.32 3 $1,564.32 4 $1,564.32 5 $1,564.32 6 $1,564.32 7 $1,564.32 8 $1,564.32 9 $1,564.32 10 $1,564.32 * Final amount will be based on final costs. Interest rate is 6.76%. U :\Admin\Swanson\Alhambra C .A. D. \Funding .Agr. wpd B-2 Revised: 6/1/01 ... .-........-... ..T-.-..... -----..-----..-..-.- EXHIBIT C CONTRACTUAL ASSESSMENT DISTRICT NO. 2000-4 PA YMENT REQUEST The undersigned (OWNER) hereby requests payment in the total amount of $ for IMPROVEMENT (as defined in the Funding and Acquisition Agreement, dated as of , 2001, between DISTRICT, with respect to Assessment District No. 2000-4, and OWNERs), for a discrete portion thereof (as described in Exhibit D of that AGREEMENT) all as more fully described in the attached contractor's payment request. In connection with this request for payment, the undersigned hereby represents and warrants to DISTRICT as follows: 1. He (she) is a duly authorized agent of OWNERs, qualified to execute this request for payment on behalf of OWNERs and knowledgeable as to the matters set forth herein. 2. All costs of IMPROVEMENT for which payment is requested hereby are actual costs and have not been inflated in any respect. The items for which payment is requested have not been the subject of any prior payment request submitted to DISTRICT. 3. Supporting documentation (such as third party invoice with lien releases) is attached with respect to each cost for which payment is requested. 4. IMPROVEMENT for which payment is requested was constructed in accordance with all applicable DISTRICT standards and in accordance with the project plans and specifications. U :\Admin\Swanson\Alhambra C.A. D. \Funding .Agr. wpd Revised: 6/5/01 C-1 ....-......-.-.----.-..........--...-....-1--. --.---.---- 5. OWNERs are in compliance with the terms and provisions of the Funding and Acquisition Agreement referenced above. Date: I hereby declare under penalty of perjury that the above representations, and warranties are true and correct. OWNER: Authorized Representative of the Owners U :\Admin\Swanson\Alhambra C.A.D. \Funding.Agr. wpd Revised: 6/5/01 C-2 ....-.......-.---....----.-.....,--.---.-...-- EXHIBIT D CONTRACTUAL ASSESSMENT DISTRICT NO. 98-4 DISCRETE PORTIONS OF IMPROVEMENT, BUDGa:TED AMOUNTS, AND SEQUENCE OF PAYMENT 1. Plan preparation including private surveying and engineering, $39,000 payment of other agency fees, and the acquisition of all plans, specifications, and reports. A PR for the work described in the preceding paragraph may be submitted after the final review for construction is performed by DISTRICT. 2. Sanitary sewer facilities in Cowin Drive and La Sonoma, $256,500 including the acquisition of the facilities. 3. Sanitary Sewer facilities in Los Alamos and La Sonoma, $96,000 including the acquisition of the facilities. A retention of ten percent (10%) will be retained from Item 2. The DISTRICT costs for plan check, inspection, and administration (total of $9,910) will be accounted for internally and remain part of the cost of IMPROVEMENT. Budgeted amounts will be adjusted in accordance with final costs. U:\Admin\Swanson\CorwinC.A.D. \Funding.Agr. wpd 0-1 Revised: 6/11/01 -------------------------------------------r---..-------------- EXHIBIT E CONTRACTUAL ASSESSMENT DISTRICT NO. 2000-4 SCHEDULE OF REPAYMENT CHARGES FUTURE CONNECTOR TOTAL REPA YMENT CHARGE* 85 Corwin Drive $15,063.83 1 5 Los Alamos $13,821.09 * Charges will be adjusted based on final costs. Repayment charge based on the assumption that all ten participants are assessed over a ten-year period. If some of the participants elect to pay the entire assessment up front, the repayment charge will be adjusted. U:\Admin\Swanson\CorwinC.A.D.\Funding.Agr.wpd E-1 Revised: 6/11/01 .....--.-------.........--.....-....--.--..-------.--..--,-----.----- PUBLIC HEARING TO RECEIVE COMMENTS ON ENTRADA VERDE CONTRACTUAL ASSESSMENT DISTRICT NO. 2001-1 SUGGESTED AGENDA JUNE 21, 2001 I. Request staff report II. Public Hearing A. Open Public Hearing B. Request Public Comments C. Request Staff Response as Appropriate D. Continue Public Hearing to July 5, 2001 U:\CAD\Entrada Verde\hearin -1 .wpd -----..-.~---.-----.__r____--- Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 21, 2001 No.: 4.b. HEARINGS Type of Action: CONTINUE PUBLIC HEARING Subject: CONTINUE THE PUBLIC HEARING IN CONJUNCTION WITH THE ENTRADA VERDE CONTRACTUAL ASSESSMENT DISTRICT NO. 2001-1 TO JULY 5, 2001 Submitted By: Curtis Swanson, Division Manager Initiating Dept ./Div. : Engineering/Environmental Services REVIEW.~AND RECOMMENDED FOR BOARD AC. ..t..7~/Y2..'.'.. .~.. C~ ~ (/trY ) {,. ,\#" l\ C. Swanson A. Farre iZ A~m ~ ISSUE: A public hearing regarding Entrada Verde Contractual Assessment Dist 'ct No. 2001-1 (CAD No. 2001-1) was scheduled for June 21, 2001. Additional time is needed to address construction and financing requirements that may affect the project costs and to allow consideration of these possible cost changes by the CAD participants. RECOMMENDATION: Continue the public hearing and continue consideration of approval of Entrada Verde CAD 2001-1 to July 5, 2001 . FINANCIAL IMPACTS: The estimated total project cost is $231,445. The District has authorized $1,000,000 per year for CADs in 2000-01 and 2001-02. Allocation of funds for the Entrada Verde CAD 2001-1 would be made from the CAD program authorization for fiscal year 2001-2002. AL TERNA TIVES/CONSIDERA TIONS: None BACKGROUND: A group of 22 parcel owners on Entrada Verde in Alamo 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 Entrada Verde 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 February 15, 2001. The proposed sewer includes approximately 1,200 linear feet of 8-inch sewer main, one trunk manhole and four standard manholes that will serve the proponents' 22 existing properties, 21 of which have existing homes presently relying on septic tanks. One property is a vacant lot. A map showing the proposed boundary and the proposed sewer location is presented as Attachment A. On February 15, 2001, the Board of Directors adopted a resolution directing the preparation of a report for a Contractual Assessment District known as Entrada Verde CAD No. 2001-1. Since the public hearing was scheduled by the Board, issues regarding 6/14/01 U :\CAD\EntradaVerde\PubHear. PPrevised. wpd Page 1 of 3 ----------------...-------------------..----.------1------ POSITION PAPER Board Meeting Date: June 21, 2001 Subject: CONTINUE THE PUBLIC HEARING IN CONJUNCTION WITH THE ENTRADA VERDE CONTRACTUAL ASSESSMENT DISTRICT NO. 2001-1 TO JULY 5, 2001 construction and financing requirements have arisen that need to be resolved. These requirements could affect the project costs. Additional time before the public hearing is needed to address these requirements and allow CAD participants an opportunity to understand the cost consequences. The residents in the CAD have been notified that the public hearing will be continued until July 5, 2001. RECOMMENDED BOARD ACTION: Continue the public hearing and consideration of approval of Entrada Verde CAD No. 2001-1 to July 5, 2001. 6/14/01 U :\CAD\EntradaVerde\PubHear .PPrevised. wpd Page 2 of 3 '--'~'---"--'^'-----~--"- I o I /' /' /' /' // / ....-/ /" /'...--\ / // /.-.\ r /' / /' -~~'/ // /.~(~,,:~v / / / <{'\""'% a.\' / / /' /' lQ'U" // /' / /' // // // // // // / -- LOCATION MAP N.T.S. \\----- <= '" ." .8 "0 .... "., '" ';l c: .. E .s:: v .8 "0 /' .... "., '" ""' -;;; >- .. '0 v ~ 'Central Contra Costa Sanitary District 100 200 I FEET I I POTENTIAL CAD AREA ....... ........ APPROVED CAD 2000-1 EXISTING 1111I11I1111 PLANNED * LIKELY SEWER CAD SEWER PARTICIPANTS + LIKELY NON- PARTICIPANT Attachment PROPOSED BOUNDARY OF ENTRADA VERDE CAD NO. 2001-1 DISTRICT PROJECT NO. 5534 A o ""' ~ Page 3 of 3 <5 o '" ~ "" :2 .;., '" PUBLIC HEARING TO RECEIVE COMMENTS ON A PROPOSED ORDINANCE TO AMEND DISTRICT CODE CHAPTER 2.24 "COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT" SUGGESTED AGENDA June 21, 2001 I. Request Staff Report II. Public Hearing A. Open Public Hearing B. Receive comments C. Close Public Hearing III. Discussion IV. Consider adopting the proposed Ordinance to amend District Code Chapter 2.24 and the proposed resolution revising the District's California Environmental Quality Act (CEQA) Guidelines. 6/14/01 H:\CEQA\Hearing CEQA-PP.wpd ------------------------------1"----- --------.---------------- Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 21, 2001 No.: 4.c. HEARINGS Type of Action: CONDUCT PUBLIC HEARING; ADOPT ORDINANCE AND RESOLUTION Subject: CONDUCT A PUBLIC HEARING REGARDING A PROPOSED ORDINANCE TO AMEND DISTRICT CODE CHAPTER 2.24 "COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL OUALlTY ACT" Submitted By: Russell B. Leavitt, Management Analyst Initiating Dept./Div. : Engineering/Environmental Services REVIEWED AND RECOMMENDED FOR BOARD AJ/:f1 r4fA~ . ~~ ~ R. Leavitt ~ C. Swanson ~ A. Farrell ISSUE: On June 7, 2001, the Board of Directors scheduled a public hearing to consider adoption of an Ordinance to amend District Code Chapter 2.24 "Compliance with the California Environmental Ouality Act.". RECOMMENDATION: Conduct a public hearing to receive comments on a proposed ordinance to amend District Code Chapter 2.24 "Compliance with the California Environmental Ouality Act." Adopt the proposed Ordinance and a resolution revising the District's California Environmental Quality Act (CEOA) Guidelines. FINANCIAL IMPACTS: None. AL TERNATIVES/CONSIDERATIONS: Periodic updating the District's CEOA Guidelines is required to ensure consistency with state law and the state CEOA Guidelines. This is an appropriate time to update the District CEOA Guidelines. BACKGROUND: All public agencies within California are statutorily required to adopt local guidelines for evaluating projects under the California Environmental Quality Act (CEOA). The local procedures must be consistent with state law and the CEOA Guidelines adopted by the State Resources Agency. The state has adopted comprehensive guidelines that specifically set forth the procedures to be followed in implementation of CEOA. The state guidelines are periodically supplemented and amended. Since the last revision of the District's local guidelines, changes have been made to the state CEOA Guidelines. Accordingly, it is appropriate that the District's local guidelines be revised to be consistent with the current State Guidelines. To streamline the local guideline update process, staff is proposing an amendment to the District Code to allow the Board to adopt these and future local guideline amendments by resolution instead of by ordinance. Additionally, in the attached resolution, staff is proposing revision to the existing District CEOA Guidelines to incorporate by reference the currently applicable state CEQA Guidelines. Also, the 6/14/01 H:\CEQA\Hearing CEQA-PP.wpd Page 1 of 9 ..---------.--- --.-.--- .-----------.-----------.------------.----------.----.-.---.----.-..--.---.......-.--------,--- ----.---------.-...--..-..-... POSITION PAPER Board Meeting Date: June 21, 2001 Subject: CONDUCT A PUBLIC HEARING REGARDING A PROPOSED ORDINANCE TO AMEND DISTRICT CODE CHAPTER 2.24 "COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT" District CEQA Guidelines are proposed to be customized with procedures specific to the operation of the District and examples of specific District activities that fall within the exempted classes of projects. RECOMMENDED BOARD ACTION: Conduct the public hearing; adopt the proposed Ordinance to amend District Code Chapter 2.24 and the resolution to revise the District CEQA Guidelines. 6/14/01 H:\CEOA\Hearing CEOA-PP.wpd Page 2 of 9 --^-_._,_._-~--~_._--- -_..~,--...__..,- I ORDINANCE NO. AN ORDINANCE AMENDING DISTRICT CODE CHAPTER 2.24 "COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT" WHEREAS, the Central Contra Costa Sanitary District (District) is required to adopt guidelines identifying procedures for administering its responsibilities under the California Environmental Quality Act (CEQA); and WHEREAS, California Public Resources Code Section 21082 allows option of such local guidelines by resolution; and WHEREAS, adopting the District's CEOA Guidelines by resolution would streamline the local guideline update process; NOW, THEREFORE, BE IT ORDAINED by the Board of Directors of Central Contra Costa Sanitary District as follows: Section 1. Chapter 2.24 of the District Code shall be hereby amended to read as follows: Chapter 2.24 COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Sections: 2.24.001 2.24.010 2.24.020 Purposes. Scope of applicability. Copies on file. 2.24.001 Purposes. Local guidelines implementing the purposes and provisions of the California Environmental Quality Act, referred to in this chapter as "CEQA," have been promulgated and adopted by the California Secretary for Resources. The District shall comply with the applicable state CEQA Guidelines as promulgated from time to time by the California Secretary for Resources, and the District shall by resolution adopt these applicable guidelines and appropriate amendments thereto and shall pass such resolutions as necessary for their implementation. In the event that there is any conflict between the applicable CEOA Guidelines promulgated by the California Secretary for Resources and those adopted by the District by resolution, the regulations adopted by the California Secretary for Resources shall prevail. 2.24.010 Scope of applicability. These guidelines apply to all discretionary projects approved or carried out by the governing board that may have a significant effect on the environment. 6/14/01 H:\CEQA\Hearing CEQA-PP.wpd Page 3 of 9 -~--_._-------~~-^.- 2.24.020 Copies on file. The full text of the District's CEQA Guidelines, including the resolution of adoption and the State CEOA Guidelines as incorporated by reference, will be kept in the office of the Secretary of the District. Section 2. This ordinance shall be published once in the Contra Costa Times, a newspaper of general circulation, published and circulated within the Central Contra Costa Sanitary District, and shall be effective upon expiration of the week of publication. PASSED AND ADOPTED this 21th day of June, 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 6/14/01 H:\CEQA\Hearing CEQA-PP.wpd Page 4 of 9 _..~------_._._-------~--------- RESOLUTION 2001- RESOLUTION ADOPTING PROCEDURES TO BE USED BY THE DISTRICT IN THE ADMINISTRATION OF ITS RESPONSIBILITIES UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). AND ADOPTING THE AMENDED STATE CEQA GUIDELINES BY REFERENCE WHEREAS, the Central Contra Costa Sanitary District (District) is required to adopt guidelines identifying procedures for administering its responsibilities under the California Environmental Ouality Act (CEOA); and WHEREAS, amendments to the State CEQA Guidelines through 1999 allow local agencies greater control and certainty in the CEOA process; and WHEREAS, the District may adopt CEOA procedures that take advantage of the recent Guideline amendments by incorporating by reference and adopting specific procedures that tailor the Guidelines to the District's operations; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District as follows: Section 1. CEOA Guidelines Adopted. Pursuant to provisions of Public Resources Code Section 21082 and state CEOA Guidelines Section 15022(d), the State CEOA Guidelines and amendments effective as of March 29, 1999, and found in Title 14, Section 15000, et seq. of the California Code of Regulations are hereby adopted and by this reference incorporated into this Resolution as though fully set forth herein. Section 2. Delegation to General Manager. The following delegation of responsibility is made pursuant to Section 1 5025 of the Guidelines. A. The General Manager of the District, or his or her designee, shall be responsible for the following functions: 1. Initially determining whether a project is exempt from CEOA procedures, and recommending that the Board adopt the exemption. 2. Conducting an initial study and deciding whether to prepare a draft EIR or Negative Declaration as appropriate for proposed District projects. 3. Preparing a Negative Declaration or EIR as appropriate for District- proposed projects. 6/14/01 H:\CEQA\Hearing CEQA-PP.wpd Page 5 of 9 4. Evaluating and preparing responses to comments on proposed District projects for which CEQA requires publication, assessment, or opportunity to comment. 5. Filing of notices for proposed District projects for which CEnA requires public notification. 6. Consulting with and obtaining comments from other public agencies and members of the public, as the General Manager or his or her designee deems appropriate and as required by law, with regard to the environmental effects of projects. 7. Requesting shortened review periods for documents submitted to the State Clearinghouse for review. 8. Providing adequate comments on environmental documents that the District receives for review. 9. Initially determining a threshold of significance consistent with Section 15064.7 for evaluating a proposed activity's effect on the environment when, in his or her opinion, substantial evidence supports such a threshold, and recommending that the Board adopt the threshold of significance by resolution. Section 3. Specific CEnA Exemptions A. The District hereby determines that many of the actions and responsibilities that the District routinely undertakes are ministerial as defined in Section 15369 of the Guidelines and exempted from the CEOA process separate from those projects set forth in the Guidelines. These ministerial actions include, but are not limited to, the issuance of Wastewater Utility Service Permits, Contractor's Permits, Homeowner's Permits and Recycled Water User Contracts. The General Manager of the District may, in his or her discretion, determine on a case-by-case basis that other District actions are ministerial and not subject to CEnA procedures, which determination may be followed by a concurring resolution of the District Board. B. The District hereby determines that CEOA procedures do not apply to projects of less than one (1) mile in length within any public right-of-way for the installation, maintenance, repair, restoration, reconditioning, replacement, removal or demolition of sewer pipelines and other subsurface facilities, not including any surface facilities related to the operation of the underground facilities. C. The District hereby determines that CEnA procedures do not apply to the establishment, modification, structuring, restructuring or approval of rates, tolls, fares or other District charges to maintain service within the existing service area. Rate increases to fund capital projects for the expansion of the District's wastewater conveyance or treatment and recycled water production or distribution facilities within the existing service 6/14/01 H:\CEQA\Hearing CEQA-PP.wpd Page 6 of 9 area also would be exempt, although the capital project being funded may still be subject to CEOA. Rate increases to fund capital projects for expansion of the District's facilities beyond the extent of the collection service boundaries would not be exempt. Pursuant to CECA Guidelines Section 15273, the District shall incorporate written findings in the record of any proceeding in which this exemption is claimed, which shall set forth with specificity the basis of the exemption. D. The District Board hereby determines that Class 1 exempt activities pursuant to CECA Guidelines Section 15301 include the operations, activities, repair, maintenance, permitting, leasing, licensing, or minor alteration of the District's administrative facilities, wastewater treatment plant, sewers and appurtenances, pumping stations and appurtenances, recycled water facilities, and household hazardous waste collection facility so long as such operation or activity involves negligible or no expansion of use beyond that previously existing at the time of proposal. Further, the District Board hereby determines that the following activities involve negligible or no expansion of use beyond that previously existing: 1. non-growth related capacity increases to accommodate wet weather flows; 2. non-growth related capacity increases to meet minimum District pipe diameter or pump size standards, or to accommodate re-routing of local flows; 3. non-growth related capacity increases to reduce maintenance requirements or hydraulic deficiencies; 4. non-growth related capacity increases for emergency standby purposes; and 5. annexation of additional territory to the District that does not require an increase in permitted capacity. 6. purchases or real property with little or no change in land use, so long as the purpose for the property acquisition is to provide buffer space between District facilities and other sensitive or incompatible land uses. E. The District Board hereby determines that Class 2 exempt activities pursuant to CEOA Guidelines Section 15302 include the replacement or reconstruction of existing facilities comprising the District's wastewater treatment plant, sewers and appurtenances, pumping stations and appurtenances, and recycled water facilities, so long as such replacement or reconstruction is for structures or facilities where the new structure or facility will be located on substantially the same site as the old, and will have the same purpose and capacity as the structure or facility replaced. F. The District Board hereby determines that Class 3 exempt activities pursuant to CEOA Guidelines Section 15303 include the construction and location of limited numbers of new, small facilities or structures necessary or advisable for the provision of 6/14/01 H:\CEQA\Hearing CEQA-PP.wpd Page 7 of 9 ...... ..u.........._....________.___....____-,_. _____ wastewater related services, and the installation of small, new equipment and facilities in small structures for the provision of such service. G. The District Board hereby determines that Class 6 exempt activities pursuant to CEQA Guidelines Section 15306 include basic data collection, research, experimental management, and resource evaluation activities such as soils coring, potholing, flow monitoring, and wastewater monitoring, so long as such activities do not result in a serious or major disturbance to an environmental resource. H. The District Board hereby determines that Class 9 exempt activities pursuant to CEOA Guidelines Section 15309 include District inspections of District construction projects, or made pursuant to the District Code, as amended. I. The District Board hereby determines that Class 21 exempt activities pursuant to CECA Guidelines Section 15321 include the exercise of the enforcement and abatement authorities of the District. Further, the District Board hereby determines that its enforcement and abatement authority includes the disconnection of any premises from the District's sewer system and the abatement of nuisances related to non-connection or disconnection. Section 4. Public Review. The public review period for draft EIRs referred to in Section 15087(e) and Section 15105 of the Guidelines shall be 30 days from the date of the notice of availability of draft EIR, except that the General Manager may extend that period for an additional 30 days, but not for any longer period, unless he or she determines that the draft EIR is unusually complex or lengthy and that the additional time is necessary to allow the public adequate time to review and comment upon the draft EIR. When a draft EIR is submitted to the State Clearinghouse for review by State agencies, the public review period shall not be less than forty-five (45) days, unless a shorter period, not less than thirty (30) days, is approved by the State Clearinghouse. The public review period for Negative Declarations shall be twenty (20) days from the date the Notice of Proposal to Adopt Negative Declaration was first posted, published or mailed as set forth in the Guidelines or such other period as is provided by law, except when Negative Declarations are submitted to the State Clearinghouse for review by State agencies. The public review period shall be not less than thirty (30) days, unless a shorter period, not less than twenty (20) days, is approved by the State Clearinghouse. The public review period for draft EIRs and Negative Declarations submitted to the State Clearinghouse for review by State agencies shall be at least as long as the review period established by the State Clearinghouse. Section 5. Thresholds of Significance As encouraged by Section 1 5064.7 of the Guidelines, the District may adopt on the recommendation of the General Manager of the District a threshold of significance for any category of District project that is not otherwise exempted from CEOA procedures. Any proposed project below the qualitative or quantitative standards set forth in any adopted 6/14/01 H:\CEQA\Hearing CEQA-PP.wpd Page 8 of 9 -_,-"-~",,--_'_'_--------""'~'--'--'-'---'~--'--'------_.._---_.-,-,_..__.,-_.~--~-----_._-_.__._'----_.------_._._._------_._-------,--_._----~ threshold of significance shall be deemed to have no potential for significant impact on the environment and exempted from further CEOA procedure compliance. Section 6. Listing of Public Agencies with Jurisdiction by Law or Special Expertise. The General Manager or his designee shall compile a list of public agencies, which have jurisdiction by law or special expertise with respect to various projects and project locations (Section 15087(h), Guidelines). Depending upon the specific project and the requirements of law, some or all of the listed agencies must be given the opportunity to review and comment upon a draft EIR. Section 7. Order of Precedence. This Resolution is intended to establish certain standards and procedures affecting environmental determinations required by CEOA. CEOA and the Guidelines will govern all substantive issues related to environmental determinations, and procedures not addressed by this Resolution. Where the contents of this Resolution conflict with CEOA or the Guidelines, CEOA or the Guidelines shall control. PASSED AND ADOPTED this 21th day of June, 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 6/14/01 H:\CEQA\Hearing CEQA-PP.wpd Page 9 of 9 Central Contra Costa St.. ..tary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: JUNE 21, 2001 Type of Action: REJECT ALL BIDS No.: 6.a. BIDS AND AWARDS Subject: REJECT ALL BIDS RECEIVED FOR THE CONSTRUCTION CONTRACT FOR THE CSOD MATERIALS STORAGE BIN, DISTRICT PROJECT NO. 5916 Submitted By: Tom Godsey, Associate Engineer Initiating Dept./Div. : Engineering Department/Capital Projects Division W. Brennan A. Farrell REVIEWED AND RECOMMENDED FOR BOARD ACTION: ~~ T. Godsey ~f.;s ~ Jln: ISSUE: On May 10, 2001 sealed bids were received and opened for construction of the CSOD Materials Storage Bin, District Project No. 5916. The Board of Directors must authorize award of the contract or reject bids within 50 days of bid opening. RECOMMENDATION: Reject all bids received for the contract for construction of the CSOD Materials Storage Bin, DP No. 5916. FINANCIAL IMPACTS: No financial impacts. AL TERNATIVES/CONSIDERATIONS: Award project, which is not recommended. BACKGROUND: One sealed bid was received and publicly opened on May 10, 2001. A summary of bids received is shown in Attachment 1. Capital Projects Division staff conducted a technical and commercial review of the bids and determined that the bid submitted by Bellalaney Construction is the lowest responsible bid. However, the solo bid received for this project is 120% greater than the engineer's estimate of $25,000. Staff reviewed and verified the engineer's estimate. Staff has determined that the reason for the unfavorable bid is that Bellalaney Construction and other potential bidders for the project are busy and reluctant to take on additional work at this point in the year. Staff recommends that all bids be rejected and that the project be rebid later this year. This project is included in the fiscal year 2000-2001 Capital Improvement Budget (CIB). RECOMMENDED BOARD ACTION: Reject all bids received for the contract for construction of the CSOD Materials Storage Bin, DP No. 5916. 6/11/01 c: \ WI NDOWS\Desktop\rej PP. wpd Page 1 of 2 ....________...__..._...._._.....______.._....._.__.._.__._...n..,_____' Attachment 1 Central Contra Costa Sanitary District SUMMARY OF BIDS PROJECT NO. CSOD Materials Storage Bin DATE May 10. 2001 LOCATION CSOD Corporation Yard ENGR. EST. $ 25.000 BIDDER (Name, Telephone & Address) BID PRICE 1 Bellalaney Construction Co. $ 55,000 2 $ 3 $ 4 $ 5 $ 7 $ 8 $ Page 2 of 2 BIDS OPENED BY Jovce Murohv DATE Mav 10. 2001 SHEET NO OF 1 ----------------------..-----1---------------- Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 21, 2001 No.: 8.a. ENGINEERING Type of Action: AUTHORIZE AGREEMENT Subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL WILLIS AND ASSOCIATES ARCHITECTS FOR ADDITIONAL CONSTRUCTION SUPPORT SERVICES FOR THE LABORATORY IMPROVEMENTS PROJECT, DISTRICT PROJECT NO. 7172 Submitted By: Don Berger, Associate Engineer Initiating Dept./Div. : Engineering / Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION: ~~g., -IIt!d- %r ISSUE: Board of Directors' authorization is required for the General Manager to e professional service agreements for amounts greater than $50,000. RECOMMENDATION: Authorize the General Manager to execute a professional services agreement with Michael Willis and Associates (MWA) for additional construction support services for the Laboratory Improvements Project (D.P. 7172). FINANCIAL IMPACTS: The cost of the proposed additional construction services is $70,000, which will bring the total construction services agreements to $240,000. ALTERNATIVES/CONSIDERATIONS: Do not have the design engineer continue to review submittals and design clarifications. This is not recommended as it would compromise the quality of the final product. BACKGROUND: On February 17, 2000, the Board authorized an agreement with MWA that provided a budget of $145,000 for construction support services for the new laboratory building (D.P. 7172). The scope of work included review of shop drawing submittals (including review and evaluation of product substitution requests), preparation of design clarifications, and field support services. The scope of work was based on an approximate 12-month construction duration for the new lab building with a move-in date of about March 2001. The move-in is currently expected to occur in July 2001, with a 16-month construction duration. Staff authorized a $25,000 amendment in November 2000 and is now requesting an additional $70,000 for completion of the work. The construction schedule was estimated based on certain assumptions about lead time for materials and equipment and that adequate construction personnel would be available to staff the job. During the majority of the project, the economy was experiencing an L:\Position Papers\BERGER\7172MWA Add.wpd Page 1 of 2 POSITION PAPER Board Meeting Date: June 21, 2001 Subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL WILLIS AND ASSOCIATES ARCHITECTS FOR ADDITIONAL CONSTRUCTION SUPPORT SERVICES FOR THE LABORATORY IMPROVEMENTS PROJECT, DISTRICT PROJECT NO. 7172 intense boom period that created backlogs in manufacturing (which affected delivery times for laboratory casework and equipment) and significantly limited the construction labor pool. These factors resulted in a longer than expected construction duration, which increased consultant time and expenditures. In addition, during the submittal review process, MWA was required to review a large number of contractor-proposed substitution requests. Due to the very competitive bidding situation for this project (14 closely priced bids were received), contractors looked for ways to reduce costs. One of the principal ways contractors reduce costs on projects is to find manufacturers of products that are equivalent to those named in the specifications but that are less costly. This process provides benefits to the owner (i.e., the District) through lower bid prices. However, additional consultant time was required to review and evaluate these substitution requests to determine equivalency to the specified products. A large portion of the additional consultant effort was spent evaluating a substitution request for laboratory casework and fume hoods. Staff believes this additional effort was well spent, as the case work and fume hoods are one of the most critical elements of the new laboratory and acceptance of these items was estimated to save the District over $100,000 in the form of lower bid prices. The total cost of $240,000 for MWA is approximately 5 percent of the total estimated construction cost of $4,707,000. RECOMMENDED BOARD ACTION: Authorize the General Manager to execute a professional services agreement with MWA for $70,000 for additional construction support services for the Laboratory Improvements Project (District Project No. 7172). L:\Position Papers\BERGER\7172MWA Add.wpd Page 2 of 2 . .__._._..--_._~---~."---~---_.-_._._----------~"~--'"~---------------~-------+~._..,._-_.-._"_.._--,._-_.-------.--..----,---..--. ..--.....--.------------------,--- Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: July 21, 2001 Type of Action: AUTHORIZE AMENDMENT No.: 9.a. TREATMENT PLANT Subject: AUTHORIZE GENERAL MANAGER TO EXECUTE AN AMENDMENT TO AN AGREEMENT WITH LARRY WALKER AND ASSOCIATES FOR $25,000 FOR CONTINUATION OF CONSULTING SERVICES ON THE DISTRICT'S NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT Submitted By: James M. Kelly, Director Initiating Dept./Div. : Plant Operations REVIEWED AND RECOMMENDED FOR BOARD ACTION: ~ ISSUE: Board of Directors' approval is required for professional consultation agreements over $25,000 that are funded from the Operations and Maintenance Budget. RECOMMENDATION: Authorize the General Manager to execute an amendment to the agreement with Larry Walker and Associates (LWA). FINANCIAL IMPACTS: The amendment to the agreement is for a cost not to exceed $25,000. AL TERNATIVES/CONSIDERATIONS: Either engage another consultant or do not use consultant services. BACKGROUND: The Plant Operations Department initially contracted with LWA on August 31, 1999 for $25,000. The scope of work included assisting the District in the preparation of the Report of Waste Discharge (National Pollution Discharge Elimination System (NPDES) Permit Renewal Application), conducting an independent "reasonable potential analysis," reviewing the Regional Water Quality Control Board's (RWQCB) reasonable potential analysis, reviewing the NPDES Permit Tentative Order (TO), assisting the District in preparation of comments on the TO, and attending meetings with RWQCB staff and the Board. Originally, the permit renewal was expected to occur by April 25, 2000. One administrative draft TO was expected to be all that would be required for a final permit, and no major change in State Water Resources Control Board (SWRCB)/RWQCB policy and procedure was envisioned. The permitting process has been significantly extended due to the TOSCO permit appeall remand, the new State Implementation Policy, the California Toxics Rule, and the number 6/14/01 Page 1 of 2 POSITION PAPER Board Meeting Date: July 21, 2001 Subject: AUTHORIZE GENERAL MANAGER TO EXECUTE AN AMENDMENT TO AN AGREEMENT WITH LARRY WALKER AND ASSOCIATES FOR $25,000 FOR CONTINUATION OF CONSULTING SERVICES ON THE DISTRICT'S NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT of contentious issues that had to be addressed between the RWQCB and dischargers. The District has received three administrative draft TO's and three different TO's. In addition the District has had our recent RWQCB hearing date delayed two months and has had to prepare an unanticipated feasibility analysis. This analysis had to demonstrate that the District could not immediately comply with a water quality-based effluent limit for five pollutants. In addition, the District had to document that diligent efforts had been made to quantify these pollutants, document source control/waste minimization efforts currently underway, propose a schedule for future waste reduction / treatment efforts, and demonstrate the proposed schedule was as short as possible. As a result of the feasibility study, the District will be required to conduct additional studies on sources; analytical methods; and a control method for cyanide, mercury, dioxin, tributyltin, and acrylonitrile. In turn, the District will receive an interim effluent limit, that it has a high probability of meeting, for these pollutants. All funds in the L W A agreement have been expended as a result of these delays and increases in required scope. A $25,000 contract amendment to the LWA contract is requested to help determine if the District should appeal the permit, for assistance during the appeal process, if needed, to assist the District as it sets up studies required by the new NPDES permit, and to review / comment on the results of these studies. LWA has assisted the District throughout our current permit renewal effort, is well regarded by RWQCB staff, and is performing similar work efforts for other nearby agencies and the Bay Area Clean Water Agencies (formerly Bay Area Dischargers Association). RECOMMENDED BOARD ACTION: amendment to an agreement with continuation of consulting services Elimination System Permit. Authorize the General Manager to execute an Larry Walker and Associates for $25,000 for on the District's National Pollutant Discharge 6/14/01 S:\Correspondence\POSPAPR\200 1 \L W A.pp. wpd Page 2 of 2 .-------.--.------------------.-.----------.--.--..-..-...... .--..-----------.---------.---r---.....---------- Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 21, 2001 No.: 10. a. HUMAN RESOURCES Type of Action: HUMAN RESOURCES Subj8ct: ADD ONE SENIOR HOUSEHOLD HAZARDOUS WASTE TECHNICIAN (G-62, $4052-$4903) POSITION FOR THE HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITY (HHWCF) Submitted By: Curtis W. Swanson Environmental Services Division Manager '0 RECOMMENDED FOR BOARD ACTION, ~l~."~" 4 ~ Initiating Dept./Div. : Engineering/Environmental Services ISSUE: Board approval is required to add new positions. RECOMMENDATION: After studying the current and future staffing needs of the HHWCF, staff recommends that the staff of the HHWCF be increased with the addition of one Senior Household Hazardous Waste Technician. FINANCIAL IMPACTS: There will be an added cost for a new Senior HHW Technician at a monthly salary cost of $4,052. A significant portion of this cost will be offset by a reduction in the cost for temporary workers at the HHWCF. AL TERNATIVES/CONSIDERATIONS: Continue reliance on temporary staffing from a hazardous waste services contractor for this position. BACKGROUND: The District began operation of the HHWCF in October 1 997. The staffing approach was to operate the HHWCF with a combination of permanent District staff and temporary staff from a hazardous waste services contractor (currently Philips Services Corporation). The HHWCF began operations with a permanent staff of three. Staff planned to review the permanent staffing level and recommend appropriate changes based on participation levels. The District has over three years of operating history. The participation levels are 15,000 vehicles/year and have been consistent for the past two years. Expectations that participation would decrease with time have proven to be incorrect. Approximately one year ago HHWCF staff was increased from three to four with the addition of one HHW Technician 1/11. Participation has continued at a high level and we continue to have at least one full-time temporary worker at the facility all year long. 6/11/01 U :\PPR\SM\HHWST AFFCWS. wpd Page 1 of 2 _____".___._,______.._._._,.__._______'______~_..'__.__.._ _ ____._._.__.___.___.....__...._. ,_...,_._______,_.....+'_.1'"._.._..__...__.__.._.__.._~ - -.-,.-"-~"--..,---- POSITION PAPER Board MfHlting Date: June 21, 2001 Subject: ADD ONE SENIOR HOUSEHOLD HAZARDOUS WASTE TECHNICIAN (G-62, $4052-$4903) POSITION FOR THE HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITY (HHWCF) Therefore, staff proposes to increase the permanent HHWCF staff to a total of five (5) by the addition of a Senior HHW Technician. The current and proposed permanent levels are: Current Number Proposed Number HHW Supervisor Senior HHW Technician 1 1 1 2 HHW Technician 1/11 -L 4 -L 5 Total A Senior HHW Technician is proposed to provide adequate functional supervision of permanent and temporary staff and operations at the HHWCF. A higher level technician will be needed as the HHWCF undertakes new processing methods such as flammables bulking. Finally, a Senior HHW Technician will provide a career opportunity for the HHW Technicians 1/11 and other qualified District staff. This recommendation was presented to the Board Household Hazardous Waste Committee on May 31, 2001, and they concurred with bringing it to the full Board for their consideration. RECOMMENDED BOARD ACTION: Add one Senior Household Hazardous Waste Technician (G-62, $4052-$4903) to the Engineering Department Environmental Services Division. 6/11/01 U :\PPR\SM\HHWST AFFCWS. wpd Page 2 of 2 ---.-----. '--T-- o ....J 5~i :c ~i WUli Vl <(:. ::> LL Ii OW::. :c 1-1.~. W Vii :c <(I 1:-:5: ~~ VlO wo t9o::: Z<( <(N :r:<( u:c -I...J C (]J E Q) c > 0 0 L- .- c.. -I...J CO E L- Q) 1--1 c.. (f) 0 ::l 0 \.i- ::l 0 en c c (f) .- L- -I...J .- c ~I ::l 0 CO 0 U -I-J :c Vl . . . t!) Z ....-.t LL. LL. ~ (f) c: o ..c: .- +J+J .- CO ~ .9- >-.~ Q)~ 1... CO P c.. CQ) Q)(/) ~CO ._ .c - .0 en coC: LL · i:: c:::S 0-0 .- (/) UQ) Q)Q) = >- 00 Uo.. SE :cQ) .. :c 'E: ~ Q)Q). .- ..c C (/) U +J coE-g Q) ~ .- .hl CO 1... 1... O+JQ)Q) Vl c.. c.. . C o .- +J CO 1'-... \.0 \.0 CO . . . . I'-.. I'-.. CO CO .- .. u Q) .- +J +J CO 1... -o~ o .......0 +J 0' en C .- c: Q)~ c..co O+J LLl/) UO ~~ :c~ go 1... · \.I- 0 Q)Z > Q) --J en C 1... ~ CO CO Q) +J>- Vl . MM~~U1 Q) (/) o c.. o 1... a.. CO 0'\ 0 ........ N 0'\0'\000 """"""-- """"""-- """"""-- """"""-- """"""-- I'-.. CO 0'\ 0 ........ 0'\ 0'\ 0'\ 0 0 0'\ 0'\ 0'\ 0 0 ........ ........ ........ N N 3= :c I . ..a...J C o U 1- o .- e Q) U) Q) e o > ..c tJ:: CO ......, CJ) ......, U .- 1- ......, CJ) .- Oe CO Q).- CJ)U co.- Q)e 1-..c UU tS~ 19 Z t--I u.. u.. ~ U) . en e .- ......, co. - ::J-o Ole: ~co CJ) 1-...... Ol e ~e co t--I --. · - t--I Q) c: CJ) .~ ~ - .- Q) c: t--I ..c co 1- ..c CJ) CO l:; :J 1- U c: == ......-0 _ 0 OJ .!2 ~ f} ~ Q) .~ I- U co.- 0 6j (: 3= .c Q) -g 1- .-J 2{I.c E CO a. Ol::JI~:P~~ c: U) 1- I- 01- ~ .c E 3= .Q 3= (/') CO u:: CO e: I .- (J) Q) (7) ~ ~ I ~ Q)~~ "UQ)00 o..ue: Q) c ~ ~ ::J ~.iS.. ~ 0 I- I- u):.= 0 1- :::::> 0..- 0... .>E~ E :COQ) ....... :CU-C . . ---- -~ ~ ~ -- ~~_.-'"'1"-'---"~."-'-"-"'-'-"--'---"'-'-~'----~-~--"-'_..~--- , z o ~ ~ w c... o u.. o Vl ~ ::J o :c z ....... Vl w 19 z <C :c U . E . C. ~ I . E . ! ~ ~ I ..."0 · ~ >- c >- co 0 CO ~ ~ ~ :J~ iOco"O (/)"O~ I C L- :J :J >- (/) +-' CO "0 OJ "0 OJ C V) V) 0 OJ 0 0 :J _ I-UZ OJ E -- -1-1 . >- ::> -"0 :=> .c L-OenOJ co=c~ E CO -- aJ -- 0 C aJ C. -1-1 -CO ~ L- aJ 13 -1-1 >- ..c C L- CO oaJoo -1-1 E:O- L- V) -1-1 C 0 cv .~ CO ~ :Jo(/)....J C c.-I-I P C. ~ OJ C CO __ > o 01 P U >- 1- U >-.0 C. ~ CO V) - \I- "0 OJ CO aJ V) ~ -0 aJ aJ aJ aJ en ccC.c "0 -- (/) CO OJ(/)L...c $~~ U . . . . z o I--t ~ W c.. o LL OZ;; , ^ ::s .:l Vo:: J ...~ .~ ::> c.. I Oz IO Z......-l ~!d: wU 191--t Z~ <(I- IO UZ o ........ "'0 ........ Q) Q) OJ c ~ en en CO CO E ~ OJ ~ Q) > 0 U) ::J CO ~ C .c ~ Q) Q) -0 g ~ > C 0 ~ C CO ' U) 0 -0 ~ 3: U) :p Q) -o<T Q) l..... ro ........ ~ zlY ~ U"'O Q) ........ 19 l..... ~ t) ~ :g 5 ce =~ro~ c u 19 t) '0:=:5: Q) t) C 0.0 roM-oCU)O Q) c.. LL LL == ~-o u ~ 5 '0 :5: +-' ~ .- <( 3: Q) ~ +-' __:r: ro C U Q:; ..Q > u U) 0 :r: l!) .- .!: 0.. l..... co ij:: 0 0 ........ ::J U') , ^ co Q) .c p u 0 co 0 Q) VI c....c: o Q)e -0 U ~ U) +-' ~ajZ >00 ~c:p:p 3: 0 Q) 01 U ro -o<T'- ro 0 0 Q) Q) C C .- (J) "-'" (J) :r: Z Z Z 0 ~co:c I - co.c ::J c.. CLue... x UJ . . . -T-- -- ---- ~ --- I- U1Z ::>w O~ ::>w Z> 1-1I0 I-C!::: Za.. O~ UI-II CU -c Q) E CU" -c - c <:( co -c (/) c Qj CU > 0 Q) u - (/) m .- c ~ .- ~cro CO 0 i- .....,._ u.. (/) 10 c (/) 3:.~ ~ ~ Q) C ._ · - co .....,::: > m .- U OJ i- .~ co C!:::o>u.. . . c o .- ....., CU 1... OJ C c.. o 0 .- 10m 1... c OJ .- c..~ o ::J ..c E (]) .- 8:c~ 1... cu (]) E ~ (/) E OJ ::Jro-c OJ _ .- 1... \.I- 1... J2 ~ o o .-J 3: 3: OJ Q) .- .- > > OJ OJ C!:::C!::: (/) ....., c Q) E Q) > o i- c.. E . . . Central Contra Costa Sallitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June, 21, 2001 No.: 13.a. BUDGET AND FINANCE TY/HI of Action: BUDGET ADOPTION Subject: APPROVE A RESOLUTION TO ADOPT THE 2001-2002 PERSONNEL, EQUIPMENT, CAPITAL IMPROVEMENT, OPERATIONS AND MAINTENANCE, AND SELF- INSURANCE FUND BUDGETS AS COMPRISING THE 2001-2002 DISTRICT BUDGET D. Ratcliff ~~ G.Davis Submitted By: Debbie Ratcliff REVIEWED AND RECOMMENDED FOR BOARD ACTION: ~~ ISSUE: The 2001-2002 Personnel, Equipment, Capital Improvement, Operations and Maintenance, and Self-Insurance Fund Budgets are submitted for adoption by the Board of Directors. RECOMMENDATION: Approve a resolution to adopt the 2001-2002 Personnel, Equipment, Capital Improvement, Operations and Maintenance, and Self-Insurance Fund Budgets, as comprising the 2001-2002 Central Contra Costa Sanitary District Budget. FINANCIAL IMPACTS: As approved by the Board at the Public Hearing held on June 7, 2001, the Sewer Service Charge will be increased by $24 for the 2001-2002 Fiscal Year, and up to $24 a year each year for Fiscal Years 2002-2003 and 2003-2004. In Fiscal Year 2001- 2002, $ 5 of the $ 24 will be allocated to the Sewer Construction Fund to partially offset the $16 which was reallocated to O&M last year. AL TERNATIVES/CONSIDERATIONS: Various alternatives were considered by the Board at both the Budget Workshop on May 24,2001 and the Public Hearing on June 7, 2001. BACKGROUND: The 2001-2002 Operations and Maintenance, and Self-Insurance Fund Budgets were approved by the Board of Directors on June 7, 2001. In its approval action, the Board raised the Sewer Service Charge rate by $ 24 a year each year for the next three years. An ordinance was adopted which set the rates for the next three fiscal years at $224, $248 and $272 respectively. However, Section 2 of the ordinance states that based on the future years' proposed budgets, financial condition, projected capital and energy costs and other factors which effect the revenue requirements of the District, the Board will determine if increases of $24 for fiscal year 2002-2003 and 2003-2004 continue to be necessary or if a lesser increase will produce adequate revenues. 6/12/01 S:\ADMIN\POSPAPER\budappr062101.wpd Page 1 of 3 POSITION PAPER Board Meeting Date: June, 21, 2001 Subject: APPROVE A RESOLUTION TO ADOPT THE 2001-2002 PERSONNEL, EQUIPMENT, CAPITAL IMPROVEMENT, OPERATIONS AND MAINTENANCE, AND SELF- INSURANCE FUND BUDGETS AS COMPRISING THE 2001-2002 DISTRICT BUDGET. The Capital Improvement Budget and the 2001-2002 Equipment Budget were approved at the May 24, 2001 and April 5, 2001 Board Meetings respectively. The Personnel Budget was approved at the May 10, 2001 Board Meeting. A copy of the resolution adopting the 2001-2002 Personnel, Equipment, Capital Improvement, Operations and Maintenance, and Self-Insurance Fund Budgets is attached. RECOMMENDED BOARD ACTION: Approve a resolution to adopt the 2001-2002 Personnel, Equipment, Capital Improvement, Operations and Maintenance, and Self- Insurance Fund Budgets, as comprising the 2001-2002 Central Contra Costa Sanitary District Budget. 6/12/01 S:\ADMIN\POSPAPER\budappr062101.wpd Page 2 of ~ RESOLUTION NO. A RESOLUTION ADOPTING THE 2001-2002 CENTRAL CONTRA COSTA SANITARY DISTRICT BUDGET The District Board of the Central Contra Costa Sanitary District does hereby resolve as follows: THAT, the 2001-2002 Central Contra Costa Sanitary District Budget, consisting of the Personnel Budget, Equipment Budget, Capital Improvement Budget, Operations and Maintenance Budget, and Self-Insurance Fund Budget, be adopted; and THAT, payment from the Running Expense Fund to provide funding for the District's Self-Insurance Fund for 2001-2002 would be required in the amount of $200,000. PASSED AND ADOPTED this 2pt day of June 2001 by the District Board of the Central Contra Costa Sanitary District by the following vote: 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 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 S:\ADMIN\POSPAPER\resoI.0621 01. wpd Page 3 of3