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Home My WebLink About07-19-01 AGENDA BACKUP July 19. 2001 3.a. AWARDS AND COMMENDATIONS Page 1 of 3 Resolution commending John A. Larson for his Service to Central Contra Costa Sanitary District RESOLUTION NO. 2001-098 RESOLUTION COMMENDING JOHN A. LARSON FOR HIS SERVICE TO THE CENTRAL CONTRA COSTA SANITARY DISTRICT WHEREAS, JOHN A. LARSON has served the Central Contra Costa Sanitary District for the past 23 years, beginning March 27, 1978 as a Senior Engineer for Special Projects and progressing through the positions of Engineering Division Manager, and Director of Collection System Operations; and WHEREAS, during his distinguished career, JOHN A. LARSON has performed the responsibilities of his position with the highest degree of professionalism and personal integrity, devoting his significant abilities and considerable knowledge to the wide range of management, technological, environmental, and regulatory challenges that the District has faced during this critical period of population growth, rising costs, increasing environmental demands, and elevated customer expectations; and WHEREAS, through his engineering skill and managerial expertise JOHN A. LARSON has been instrumental to the District's ability to successfully meet these challenges in a cost effective and environmentally sensitive way with a demonstrated commitment to customer service; and WHEREAS, JOHN A. LARSON has been a diligent guardian of the public's health, property, and tax dollars while assisting the District to successfully respond to these many challenges and opportunities, with such innovative accomplishments as pioneering the use of no-dig technology in the United States, startup of the District's incineration system, reducing collection system overflows through a proactive grease control program and a results-oriented maintenance program, effectively using benchmarking to improve District services, building the framework to meet forthcoming CMOM requirements, and developing a fine collection system organization that is considered a leader in the industry, staffed with talented people, and with an outstanding record of public service; and WHEREAS, while JOHN A. LARSON'S leadership and sound engineering and collection system expertise have served the District in good stead, he will be missed as well for his vintage Corvette, his prowess on waterskis, his endurance on any hiking trail, and his fearlessness on the open seas; and WHEREAS, JOHN A. LARSON has contributed to the wastewater field through numerous technical presentations, professional association leadership roles, and assistance with the statewide technical certification program, and MR. LARSON has in turn been recognized for his many contributions by being the recipient of such prestigious awards as the Water Environment Federation Arthur S. Bedell Award, and the California Water Environment Association Select Society of Sanitary Sludge Shovelers Award, making JOHN and his father the only father-son to both have membership in this distinguished Society. Page 2 of 3 NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the Central Contra Costa Sanitary District, representing current and prior Boards, hereby honors and commends JOHN A. LARSON for outstanding leadership and professionalism in the discharge of his duties and extends their best wishes to him on his future endeavors. UNANIMOUSLY PASSED AND ADOPTED this 19th day of July, 2001 Barbara D. Hockett President of the Board of Directors Parke L. Boneysteele, Director Gerald R. Lucey, Director Mario M. Menesini, Director James A. Nejedly, Director COUNTERSIGNED: Joyce E. Murphy Secretary of the District Page 3 of 3 Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: July 19, 2001 No.: 4.a. CONSENT CALENDAR Type of Action: ADOPT A RESOLUTION Subject: ADOPT A RESOLUTION DIRECTING THAT THE 2001-2002 YEARLY INSTALLMENTS OF ASSESSMENTS FOR CONTRACTUAL ASSESSMENT DISTRICTS BE COLLECTED ON THE COUNTY TAX ROLL Submitted By: Molly Mullin, Engineering Assistant III Initiating Dept./Div. : Engineering/Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: ;V ~ rt1'~ '0~ J. Miyamoto-Mills C. Swanson A. Farrell ISSUE: Authorization in the form of a resolution by the Board of Directors is needed to place assessments on the County tax roll. RECOMMENDATION: Adopt a resolution directing that the 2001-2002 yearly installments of assessments for contractual assessment districts be collected on the County tax roll. FINANCIAL IMPACTS: This action will allow the District to be reimbursed for project costs associated with the completed Contractual Assessment Districts. AL TERNA TIVES/CONSIDERA TIONS: Not applicable. BACKGROUND: The owners of properties on Gary Way (CAD 97-1), Leona Court (CAD 97-2), Alhambra Way (CAD 98-1), Charles Hill (CAD 98-2), Grothman (CAD 98-4), Forest Lane (CAD 99-1) and Muir Lane (CAD 99-2) have agreed to pay for sewer improvements installed in conjunction with contractual assessment districts by paying assessments over a ten-year period. The payments are to be collected from the owners by placing the assessments on the owners' tax bills. A resolution by the Board is needed to place their assessments on the appropriate tax bills. See Exhibit A for charts of participating assessment properties. RECOMMENDED BOARD ACTION: Adopt a resolution directing that the 2001-2002 yearly installments of assessments for contractual assessment districts be collected on the County tax roll. 7/12/01 U: \PPR\Resol-M M\Resol CADs. wpd Page 1 of 3 RESOLUTION NO. A RESOLUTION DIRECTING THAT THE 2001-2002 YEARLY INSTALLMENT OF ASSESSMENTS FOR CONTRACTUAL ASSESSMENT DISTRICTS BE COLLECTED ON THE COUNTY TAX ROLL WHEREAS, the Board of Directors of the CCCSD has previously taken action to establish the final assessments for Contractual Assessment Districts No. 97-', 97-2, 98-', 98-2, 98-4, 99-1 and 99-2; and WHEREAS, the District has given proper notice to the affected owners of the final assessments; and WHEREAS, the affected owners have elected to pay the assessments in yearly installments of principal and interest over a period of ten years; and WHEREAS, the District Code provides that the District may elect to collect current charges on the tax rolls as provided by Section 5470 and following of the Health and Safety Code; and WHEREAS, it is considered economical and efficient to collect the assessments for the 2001-2002 fiscal year on the County tax roll; NOW, therefore, be it resolved by the Board of Directors of the CCCSD that the 2001-2002 Assessments for Contractual Assessment Districts No. 97-1,97-2,98-',98-2, 98-4, 99-1 and 99-2 are to be collected on the Contra Costa County Tax Roll. PASSED AND ADOPTED this 19th day of July 2001 by the District Board of CCCSD by the following vote: AYES: MEMBERS: NOES: MEMBERS: ABSENT: MEMBERS: President of the District Board of the Central Contra Costa Sanitary District of Contra Costa County, State of California COUNTERSIGNED Secretary of the District Board of the Central Contra Costa Sanitary District of Contra Costa County, State of California APPROVED AS TO FORM Kenton L. Aim District Counsel Page 2 of 3 ~--~--,----"-_._._.._-_._._-----_._---'_.._--_._----_.._-----_._~-,.._._~-,-_._------_.._---~-------'--_...-~ . <CC( S' !:::> milj - ..J ::I:..J ><~ Ww D- C/) 00000 0 ('1)('1)('1)('1)('1) ~ 0)0)0)0)0) <0 NNNNN . ": ": ,.... ,.... ,.... <0. ~.................... CO ~~~~~ ~ ....1- J,z en::::> 00 C(~ u<( << W Z c( N('I).<O"" .J 00000 00000 t; NNNNN w 0000000000 o::z99999 00..00000 U.<(NNNNN C/) Q) e co c.. I/) co - o I- ......... 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('I). ~I-~~~~~~~~~~~~~~~ ooZ en::> 00 C(~ u<( << Zc( OOO>O..-N('I)OOO>O..-N('I).I/)N oO..-..-..-..-..-..-NNNNN('I)O ~ 999999999999999 ~ ~~~~~~~~~~~~~~~ oz~~~~~~~~~~~~~~~ O::a..NNNNNNNNNNNNNNN o<(~~~~~~~~~~~~~~~ 00 o N ..- o. ,... ..- ~ 0000 ClC!ClC!ClC!ClC! .... <0<0<0<0 00. ClC!. 00. 00. ~I-~~~~ ,...z en::::> 00 c(~ u<( <0<00<0<0<0 ,...,....,...,...,... ..;..;,...:..;..;..; ('1)('1)('1)('1)('1)('1) ,.... ..... Q) ,... ..... ,.... ~~.".~~~ '";"I-~~ ~~~ ooZ en::::> 00 c(~ u<( o N 0) I/) .. ,... ~ o "": ..- <0 I/) ..- N ~ V) Q) e co c.. I/) ..- co - o I- N CD en N N M .... .... .,. ~ ..- w 0 - .J ..- c( ('I) - 0 ,... >- 0:: .0 0 - u. c:: Q) .J E ~ V) V) 0 Q) V) l- V) co - 0 co ... 0 Q) E 0 V) - 0 - c:: Q) E >- co c.. ... 0 "C:: c.. 0 - t) Q) E ::s Cf) << o C"! ..- ..- <0. ~ V) I- ~ Q) V) V) (.) 0:: 0>('1)<0. Q) <0('1),...00<0. Q) ... ::::> I I I I (.) ~ I I I I I I e co ..-.,...00 ... .I/),.....-NI/) c.. 0 .....,......... ..... co OONOO..- co N U 0000 c.. m 000000 c.. I I I I I I I I I I ..- c( 0000 . ~ NNNOON <0 ..........,.... ,.... 000('1)('1). Cii Z 0000 Cii c( NNNNNN Cii OZ I I I I :J: Z I I I I I I '0 wa.."-"-"-"- - .Ja..NNNNNN - .J<(~~~~ 0 c(<(~~~~~~ 0 l- I- I- Page 3 of 3 Central Contra Costa Su.litary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: July 19, 2001 Type of Action: CONFIRM PUBLICATION Subject: ADOPT A RESOLUTION CONFIRMING PUBLICATION OF DISTRICT ORDINANCE NO. 218 ESTABLISHING THE SEWER SERVICE CHARGES FOR FISCAL YEARS 2001- 2002, 2002-2003 AND 2003-2004 No.: 4.b. CONSENT CALENDAR 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. 218. 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. 218 which was adopted by the Board at the meeting of June 7, 2001, and which establishes the Sewer Service Charges for Fiscal Years 2001-2002, 2002-2003 and 2003-2004, was published in the Contra Costa Times on June 19, 2001. Proof of publication is attached. RECOMMENDED BOARD ACTION: Adopt a resolution confirming the publication of District Ordinance No. 218. 7/9/01 S:\ADMIN\MURPHY\Resolutions\POSITION PAPER.CONF PUB.wpd Page 1 of 3 ( 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 Califomia, 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 issue of said newspaper and not in any supplement thereof on the following dates, to-wit: June 19 all in the year of 2001 I certify (or declare) under penalty of pe~ury that the foregoing is true and correct. 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) ( , - ORDINANCI! NO. 218 AN ORDINANCE OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT ESTABLISHING THE SEWER 8ERVICI! CHARGES FOR FISCAL Yl!ARS 2001.2002, 2002.2003 AND 2003.2004 ~~ =1~'le~~~IyD'l:J~and Institutad a Sewer StlfVice Charge Program to finance the WHEREAS, the Board of Directors of the DIstr1ct hu reviewed the present sewer service ch~rate IChedule and hu determined that the residential annual sewer serllice charee rates should be Increased an amount of $24.00 each year for three years ~Innlng In Ascal Yeer 2001-2002. Non-resldential rates wi be Increased PfOI)OrtIonslly based on ResiClential Unit EgUlValents (RUE) factors. . WHEREAS, In adoPting this Ordinance, llie Board of Directors finds: a. Written notices of the &roposed Increase In sewer service ch~e rates were sent by first-<:all U.S. me" to every ~:~ ~~ In the . sti1ct at least 45 days prior to the Public earlng on the proposed Increase conducted on b. All WrItten P!Olelll agalnst the proposed Increase in the sewer service charee, Including !hOlt ~roIIided by facsimile. smail and mall, were considered and tallied at the Public Hearing concfucted on June 7, 2001, and the Dlstrtct was not presented with protests by a majority of the owners of the Identified peteels affected by this ch@!lge. c. The amount of the charge ImP088d does not exceed the proportional cost of tha service attrtbutable to the properties receMng service and that the charee Is only Imposed on those properties actually receMng service or for those whICh silr\llce Is Immedlate~ available. ~5~~(:r~N,s~~'lIre ~':~'b~dC~~~la Environmental Quellty Air (CECA) pursuant to Section ~ THEREFORE. BE IT ORCAINED by the Board of Directors of the Central Contra Costa Sanitery District as Section 1. . The 2001-2002, 2002-2003 and 2003-2004 rates for Sewer Serlllce Charges for users of the DiStrict SYstem will be Initiated for the fiscal year beginning July 1, 2001, Increased as indicated on JulY 1 , 2002 and July 1, 2003, and shsll continue thereafter In effect until further action of the Board of Directors. The folloWIng chart disPlays the residential and non-residential charges for the ye8lll Indicated: CCCSD SeweR SERVICE CHARGE BV USER Flsca' Veer zoo 1 -2002 Flscel Year 2003-2004 FlscBI Year 2002'2003 Us., Group Residential a=lIrn~ 1M Yi~I~~J~ family Town , mlnlum Units MuItI-F Units Reslden UvIng Units served by ~:~:n~~~;,e~ S:~~ llY one or both of tlie L.awrence Rd. Pumping Stations Corrlmerclatnllon-tndustrlal (RBtes per Hundred Cubic Feet) Bakeries Supermllri<ets w/gerbage disposals MOrtuaries Restaurants Olhal'l Minimum Annual Charge Industrial Flow per million gallons ~,'88!M:lCal Oxygen (demand per ~,r'~~~~I~JJ(g: J~~.day Minimum Annual Charge ~=~='::'~ts & InsUtutlonal Churches Schools =als~~eX.1r~~iZBtIonS Other Tax Exempt (Except FederaO Federal Institutions Utilities with S~lal Tax Status Independent Uvtng Facilities, Rest Homes & Ccnvalescent Hospitals Minimum Annual Charge Section 2. The Board of Directors shall cons/der the District's pro~Sed budget, the finenclal condition. projected cae,ltal and ~~~~~lforto 'd~~~~~~e~':f~~~~~II~~=.g~t ?oif~~~~:i~~~~~~:n~a~ ~~g:,s.:1o ~rI~~~rt'ltfJ DIstrict Board concludes that lesser Increases for either the fiscal year of ~002 or 2003 will produce edequate revenues for the resIlecttve fiscal years. the Board wll' take appropriate action at the time to reduce the rates herein for flsca' year 2002 or 2003, or both. Section 3. . ThIs Ordinance shall be published once In the Contra Costa Times, a newspaper of general circulation within the Central Contra Costa S8nitary District and shall be effecttve July 1, 2001 . . PASSED AND ADOPTED this 7th day OF June 2001, by the District Board of the Central Contra Costa Sanltery Dl8tr1ct by the following vote: RESOLUTION NO. 2001- , RESOLUTION CONFIRMING PUBLICA TluN OF DISTRICT ORDINANCE NO. 218 ESTABLISHING THE SEWER SERVICE CHARGES FOR FISCAL YEARS 2001-2002, 2002-2003 AND 2003-2004 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. 218 which was adopted on June 7, 2001, and which establishes the Sewer Service Charges for Fiscal Years 2001-2002, 2002-2003 and 2003-2004, 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 19th day of July, 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 3 of 3 PUBLIC HEARING TO RECEIVE COMMENTS ON BARBEE LANECONTRACTUAL ASSESSMENT DISTRICT NO. 98-5 SUGGESTED AGENDA JULY 19, 2001 I. Request staff report II. Public Hearing A. State Purposes of Public Hearing 1. Announce Tabulation of Ballots 2. Consider Testimony on Resolution of Intention and Engineer's Report B. Open Public Hearing C. Request Staff to Announce Results of Ballots D. Receive Public Comments E. Request Staff Response as Appropriate F. Close Public Hearing III. Board Deliberation Leading to: · Adoption of Three Resolutions · Authorization to Execute an Agreement · Authorization to Allocate Funds U :\CAD\BarbeeLane\Agenda. wpd Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: July 19, 2001 No.: 5.a. HEARINGS Type of Action: CONDUCT PUBLIC HEARING 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 BARBEE LANE PARCEL OWNERS IN CONJUNCTION WITH THE BARBEE LANE CONTRACTUAL ASSESSMENT DISTRICT NO. 98-5. Submitted By: Curtis Swanson, Division Manager Initiating Dept .IDiv. : Engineering/Environmental Services REVIE~AND RECOMMENDED FOR BOARD ACTlO",N" .:" 2 ~ ~ )j~a J 'v MJ'~ c. Swanson A. Farr I K. Aim 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 Barbee Lane Contractual Assessment District No. 98-5 (CAD No. 98-5). RECOMMENDATION: Conduct the public hearing and consider approval of Barbee Lane CAD 98-5. FINANCIAL IMPACTS: The estimated total project cost is $138,310. The District has authorized $1,000,000 for CADs in 2001-02. This would be the second CAD to be approved in 2001-2002. If approved, there would be $630,245 available for other CADs. AL TERNA TIVES/CONSIDERA TIONS: 1 . Continue the public hearing to receive additional public comment or allow additional deliberation. 2. Withhold or delay approval of the project. BACKGROUND: A group of 6 parcel owners on Barbee Lane 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 Barbee Lane 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 December 3, 1998. The proposed sewer includes approximately 560 linear feet of 8- inch sewer main, and two standard manholes that will serve the proponents' 6 existing 7/9/01 U :\CAD\BarbeeLane\PubHear. PP. wpd Page 1 of 1 2 POSITION PAPER Board Meeting Date: July 19, 2001 Subject: CONDUCT A PUBLIC HEARING: ADOPT A RESOLUTION OVERRULING PROTESTS; ADOPT A RESOLUTION CONFIRMING COMPLIANCE WITH CALIFORNIA CONSTITUTION, ARTICLE XIIID, SECTION 4; ADOPT A RESOLUTION APPROVING ENGINEER'S REPORT AND ASSESSMENT AND ORDERING IMPROVEMENT; AND AUTHORIZE EXECUTION OF AGREEMENT WITH BARBEE LANE PARCEL OWNERS IN CONJUNCTION WITH THE BARBEE LANE CONTRACTUAL ASSESSMENT DISTRICT NO. 98-5. properties, all of which have existing homes presently relying on septic tanks. Seven properties on Barbee Lane could benefit from the CAD sewer improvements. There is one non-participating property. A map showing the proposed boundary and the proposed sewer location is presented as Attachment A. On December 3, 1998, the Board of Directors adopted a resolution directing the preparation of a report for a Contractual Assessment District known as Barbee Lane CAD No. 98-5. A report has been prepared, and assessments have been estimated. (The Engineer's Report is being provided to the Board under separate coveL) On June 21, the Board of Directors set a public hearing for July 19, 2001. Since assessments are proposed to be levied on properties, the procedural requirements of Proposition 218 do apply. Compliance with these requirements has been included in the documents and actions proposed for Board consideration. In order to continue the process for Barbee Lane CAD No. 98-5, the following actions are necessary: 1. Conduct a public hearing to: a. announce the tabulation of ballots submitted by owners of each affected parcel indicating approval or opposition to the proposed assessment; b. consider public testimony on the Resolution of Intention and the Engineer's Report; and c. consider public testimony related to annexation of the affected parcels to the District. 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). 7/9/01 U :\CAD\BarbeeLane\PubHear. PP. wpd Page 2 of 1 2 POSITION PAPER Board Meeting Date: July 19, 2001 Subject: CONDUCT A PUBLIC HEARING: ADOPT A RESOLUTION OVERRULING PROTESTS; ADOPT A RESOLUTION CONFIRMING COMPLIANCE WITH CALIFORNIA CONSTITUTION, ARTICLE XIIID, SECTION 4; ADOPT A RESOLUTION APPROVING ENGINEER'S REPORT AND ASSESSMENT AND ORDERING IMPROVEMENT; AND AUTHORIZE EXECUTION OF AGREEMENT WITH BARBEE LANE PARCEL OWNERS IN CONJUNCTION WITH THE BARBEE LANE CONTRACTUAL ASSESSMENT DISTRICT NO. 98-5. b. Resolution confirming compliance with California Constitution, Article XIIID, Section 4 (Exhibit C). c. Resolution approving the Engineer's Report, assessments, and ordering improvement (Exhibit D). The hearing also serves as a public hearing for annexation purposes as required by LAFCO. An agreement between the owners and the District is needed to establish the rights and obligations of both parties. District Counsel has prepared such an agreement in which the owners agree to: . assessments being placed on their property tax bills; . pay the assessments; . accept total responsibility for the design and construction of the sanitary sewer extension; . require the contractor who is selected by the owners to maintain certain insurance coverage; . accept total responsibility for the costs associated with the sanitary sewer extension, including interest for District financing; and . have the sanitary sewer extension constructed in accordance with District standards. The District will: . finance the costs of the sanitary sewer extension; . accept the work of the contractor, provided the work is done in accordance with District standards; . place assessments on owners' tax bills; . record as liens on the participants' properties the obligation of each participant to pay assessments; and 7/9/01 U :\CAD\BarbeeLane\PubHear. PP. wpd Page 3 of 1 2 POSITION PAPER Board Meeting Date: July 19, 2001 Subject: CONDUCT A PUBLIC HEARING: ADOPT A RESOLUTION OVERRULING PROTESTS; ADOPT A RESOLUTION CONFIRMING COMPLIANCE WITH CALIFORNIA CONSTITUTION, ARTICLE XIIID, SECTION 4; ADOPT A RESOLUTION APPROVING ENGINEER'S REPORT AND ASSESSMENT AND ORDERING IMPROVEMENT; AND AUTHORIZE EXECUTION OF AGREEMENT WITH BARBEE LANE PARCEL OWNERS IN CONJUNCTION WITH THE BARBEE LANE CONTRACTUAL ASSESSMENT DISTRICT NO. 98-5. . 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 6 participating 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 Barbee Lane CAD No. 98-5 is $138,310. A summary of project costs is shown in Exhibit E. Funding for the CAD Program is included in the 2000-01-02 Capital Improvement Budget (CIB). The District has authorized $1,000,000 for CAD projects during Fiscal Year 2001-02. This is the second CAD to be considered for approval in 2001-02. If approved, there is $630,245 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. 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. 7/9/01 U :\CAD\BarbeeLane\PubHear. PP. wpd Page 4 of 1 2 POSITION PAPER Board Meeting Date: July 19, 2001 Subject: CONDUCT A PUBLIC HEARING: ADOPT A RESOLUTION OVERRULING PROTESTS; ADOPT A RESOLUTION CONFIRMING COMPLIANCE WITH CALIFORNIA CONSTITUTION, ARTICLE XIIID, SECTION 4; ADOPT A RESOLUTION APPROVING ENGINEER'S REPORT AND ASSESSMENT AND ORDERING IMPROVEMENT; AND AUTHORIZE EXECUTION OF AGREEMENT WITH BARBEE LANE PARCEL OWNERS IN CONJUNCTION WITH THE BARBEE LANE CONTRACTUAL ASSESSMENT DISTRICT NO. 98-5. . 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 Barbee Lane owners. 7/9/01 U :\CAD\BarbeeLane\PubHear. PP. wpd Page 5 of 1 2 /' / /// LOCATION MAP N.T.S. .~O~C-f.. ~;Of.;) 0'" c#' ~ IV I 160 , o ~ FEET . I I POTENTIAL CAD AREA EXISTING SEWER PLANNED CAD SEWER UKELY CAD PARTICIPANT UKEL Y NON- PARTICIPANT ..1..1""" * e .. .. .. .. .. o g .". j U ~ .". :.< D.. Central Contra Costa Sanitary District Attachment PROPOSED BOUNDARY OF BARBEE LANE CAD 98-5 DISTRICT PROJECT NO. 5477 A '" ~ Page 6 of 12 ;:; o N ~ .;.. N RESOLUTION NO. EXHIBIT B RESOLUTION OVERRULING PROTESTS BARBEE LANE CONTRACTUAL ASSESSMENT DISTRICT NO. 98-5 The Board of Directors of the Central Contra Costa Sanitary District resolves: On July 19, 2001, the Board of Directors held a public hearing on the Resolution of Intention and the Engineer's Report on the proposed improvement in Barbee Lane Contractual Assessment District No. 98-5. At or before the time set for hearing, certain interested persons made or may have made protests or objections to the proposed improvement, the extent of the Contractual Assessment District, or the proposed assessment. The Board hereby overrules each of these protests, written or oral. The Board finds that the protest against the proposed improvement (including all written protests not withdrawn in writing before the conclusion of the protest hearing) is made by the owners of less than one half of the area of the land to be assessed for the improvement. PASSED AND ADOPTED this 19th day of July, 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 7/9/01 U :\CAD\BarbeeLane\PubHear. PP. wpd Page 7 of 1 2 D~~~ 0 ~~ 1') EXHIBIT C RESOLUTION NO. RESOLUTION CONFIRMING COMPLIANCE WITH CALIFORNIA CONSTITUTION, ARTICLE XIIID, SECTION 4 BARBEE LANE CONTRACTUAL ASSESSMENT DISTRICT NO. 98-5 The Board of Directors of the Central Contra Costa Sanitary District resolves: 1. The Board set 2 p.m. on July 19th, 2001, at the Meeting Room of the Board of Directors, 5019 Imhoff Place, Martinez, California, as the time and place for a public hearing pursuant to California Constitution, Article XIIID, Section 4. 2. Pursuant to Article XIIID of the California Constitution, as amended by Proposition 218, commonly known as the "Right to Vote on Taxes Act," notice of the proposed assessment was provided to all owners of affected parcels within the District, which notice contained a ballot whereby each owner could indicate support or opposition to the proposed assessment. 3. At the time and place for which notice was given, the Board of Directors conducted a public hearing, pursuant to California Constitution, Article XIIID, Section 4, and gave every person present an opportunity to comment on and object to the amount of the proposed assessment. 4. The Board finds that less than a majority of parcel owners who returned ballots, weighted by financial obligation, opposed the proposed assessment. PASSED AND ADOPTED this 19th day of July, 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 7/9/01 U:\CAD\BarbeeLane\PubHear. PP. wpd Page 8 of 1 2 EXHIBIT D RESOLUTION NO. RESOLUTION APPROVING ENGINEER'S REPORT AND ASSESSMENT AND ORDERING IMPROVEMENT BARBEE LANE CONTRACTUAL ASSESSMENT DISTRICT NO. 98-5 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 Barbee Lane Contractual Assessment District No. 98-5, 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 560 linear feet of sanitary sewer line, together with appurtenant work and facilities located at Barbee Lane in Alamo, California. 3. The Board called a hearing of protests on the Barbee Lane Contractual Assessment District No. 98-5. 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. 7/9/01 U :\CAD\BarbeeLane\PubHear .PP. wpd Page 9 of 1 2 5. The Board further finds that written protests against the proposed improvement have not been made by owners representing more than one half of the area of the land to be assessed for the improvement. 6. The documents and events described in paragraphs 1 to 4, inclusive, are stated here in tabular form, with their dates and, where appropriate, their numbers. All documents are now on file with the District except as otherwise noted. Document or Event Date Number or Action a. Resolution of Intention b. Resolution Approving Boundary Map c. Boundary Map Filed with County Recorder d. Certificate of Mailing Notice of Improvement e. Certificate of Posting Notice of Improvement f. Affidavit of Publication of Notice of Improvement 12/3/98 1 2/3/98 1 2/8/98 6/27/01 6/29/01 Pending 98-1 60 98-161 Filed Filed Filed 7. The Board approves the Engineer's Report and each component part of it, including each exhibit incorporated by reference in the report. 8. The Board finds that the Engineer of Work, in the Engineer's Report has fairly and properly apportioned the cost of the improvement to each parcel of land in the Assessment District in compliance with the agreement between the owners and in proportion to the special benefits derived by each parcel, in relationship to the entirety of the capital cost of the improvement. The Board hereby confirms and levies each individual assessment as stated in the Engineer's Report. 9. The Board orders the improvement described in paragraph 2 and as detailed in the Engineer's Report. 10. According to Section 10603 of the Streets and Highways Code, the Board designates the District Controller to collect and receive payment of the assessments. 11 . The Board independently finds that this project is exempt from the California Environmental Quality Act (CEQA) under District 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). 7/9/01 U :\CAD\BarbeeLane\PubHear. PP. wpd Page 10 of 1 2 PASSED AND ADOPTED this 19th 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 7/9/01 U :\CAD\BarbeeLane\PubHear .PP. wpd Page 11 of 1 2 EXHIBIT E SUMMARY OF PROJECT COSTS Barbee Lane CAD NO. 98-5 Construction $110,000 Engineering $23,600 District Services $4.710 TOTAL $138.310 7/9/01 U:\CAD\BarbeeLane\PubHear.PP.wpd Page 12 of 12 ~__.". .~.,._._..___._._,,_____________.e______.____'__~'_~_'_----.------,--.~--_._+=-. - -.-,.--.-.---------"...----,...--.--.-......---~.."-"--"'-..~---- ENGINEER'S REPORT BARBEE LANE CONTRACTUAL ASSESSMENT DISTRICT C.A.D. No. 98-5 (DISTRICT PROJECT NO.5477) The undersigned respectfully submits the enclosed Engineer's Report as directed by the Board of Directors. -.:~ -~,~.... "\.:-..."\. \... .~ . '1~~_(",'."'\ "'.. ';Y' I.'\\\} ~,'~I"':L, ~. .7 ~<..'0 ............ I ~ \1 :/ ~ "S'ii. .sw.. -;., 1, J ~':; :'~ '-11;', ~ (, '" <S :Q:: (Po'. r' I, "'..., ':;:) . en r. -l Q:: :.u Z: =" ~ ? : : ~ " *'. NO. 30~167.-i * ;0 '\ ...~~p ~/$l ~or f J'/-? ....f:!y.').....~~~./ ~E f~ By: Curtis W. Swanson Division Manager Engineer of Work Dated: .::]V ~ Ii- 2? I 200 I U:\CAD\BarbeeLane\ 1 engrpt.wpd Revised: 6/21/01 ENGINEER'S REPORT BARBEE LANE CONTRACTUAL ASSESSMENT DISTRICT C.A.D. No. 98-5 Curtis W. Swanson, Division Manager, and Engineer of Work for the project known hereinafter as the Barbee Lane Contractual Assessment District (C.A.D. No. 98-~., 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 560 linear feet of 8-inch sanitary sewer pipeline, and two standard manholes, together with appurtenant work and facilities located at Barbee Lane 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 seven parcels included in C.A.D. No. 98-5, six of which will be assessed. No publicly owned property within the C.A.D. will be connected to the sewer improvements. U:\CAD\BarbeeLane\ 1 engrpt.wpd 1 Revised: 6/22/01 The maximum aggregate dollar amount of contractual assessments will be $138,310. 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. Six (6) of seven (7) J. ::-.' parcel owners in C.A.D. No. 98-5 will be assessed the total project cost. 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. 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 U:\CAD\BarbeeLane\ 1 engrpt. wpd 2 Revised: 6/22/01 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 560 linear feet of 8-inch sanitary sewer i pipeline, and two standard manholes, together with the appurtenant work, is a~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 :\CAD\BarbeeLane\ 1 engrpt. wpd 3 Revised: 6/22/01 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 perio~ 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 d~rived 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. tt;y?"~ Curtis W. Swanson, Division Manager/ Engineer of Work U :\CAD\BarbeeLane\ 1 engrpt. wpd 4 Revised: 6/21/01 ." ,; ..., o cO '" ." o V ." 0.. o E ::: ., ::: o o o ." '" 0.. ~ V 0.. ., ." :,;,. LOCATION MAP N.T.S. ~o ~~\G~ t>-\f 'Of.) 00" ~ lOG>(/. N 0 I 160 I FEET ~ I POTENTIAL CAD AREA EXISTING SEWER 1111111111.. PLANNED CAD SEWER * LIKELY CAD PARTICIPANT L:::. LIKELY NON- PARTICIPANT Central Contra Costa Sanitary District <D '2 <5 o ~ .;, N PROPOSED BOUNDARY OF BARBEE LANE CAD 98-5 DISTRICT PROJECT NO. 5477 5 Attachment A EXHIBIT B BARBEE LANE CONTRACTUAL ASSESSMENT DISTRICT C.A.D. NO. 98-5: SIX PARCELS COST ESTIMATE June 19, 2001 ITEM QUANTITY IUNITS UNIT COST AMOUNT Construction a-inch Sewer - System LS $53,840 Standard Manhole Included 4-inch DIP Laterals Included Street Overlay LS $47,000 Construction Subtotal $100,840 :.' Contingency 10% ~ $9,160 Total Construction Cost $110,000 Private Enaineerina Survey and Design 1 lump sum $21,600 Material Testing 1 lump sum $500 Other Agency Fees 1 lump sum $500 Engineering Design 1 lump sum $1.000 Contingency Total Private Engineering Cost $23,600 District Services Plan Review 1 lump sum $820 Construction Inspection 1 lump sum $2,390 Administrative Charges 1 lump sum $1.500 Total District Costs $4.710 PROJECT COST SUBTOTAL (CONSTRUCTION + PRIVATE $138,310 ENGINEERING + DISTRICT) RESERVE FUND - 5% OF CONSTRUCTION COST $6,690 TOTAL PROJECT COST $145,000 U:\CAD\BarbeeLane\ 1 engrpt. wpd 6 Revised: 6/27/01 EXHIBIT C BARBEE LANE CONTRACTUAL ASSESSMENT DISTRICT CAD NO. 98-5 ASSESSMENT ROLL TAX ROLL ASSESSMENT AMOUNT ASSESSMENT PARCEL (10-YR EQUAL PREPAID NUMBER DESCRIPTION PA YMENTS) 111 AMOUNT 121 1 198-120-011 $3,208.76 $23,051.67 2 198-120-009 $3,208.76 $23,051.67 ~.- 3 198-120-008 $3,208.76 $23,05~ .67 4 1 98-120-005 $3,208.76 $23,051.67 5 198-120-004 $3,208.76 $23,051.67 6 198-120-003 $3,208.76 $23,051.67 (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\BarbeeLane\ 1 engrpt.wpd 7 EXHIBIT D BARBEE LANE CONTRACTUAL ASSESSMENT DISTRICT CAD NO. 98-5 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 six parcels to be assessed within CAD &. ::. . No. 98-5 is to divide the Project Cost Subtotal amount (see Exhibit B) evenly between the six parcels, the owners of which presently desire to participate in the CAD. U:\CAD\BarbeeLane\ 1 engrpt. wpd 8 EXHIBIT E BARBEE LANE CONTRACTUAL ASSESSMENT DISTRICT CAD NO. 98-5 LIST OF PARCEL OWNERS ASSESSMENT NUMBER OWNER RA YMOND & PHYLLIS MART A, TRUSTEES 1 19 BARBEE LANE ALAMO, CA 94507 198-120-011 0.49 ACRES MICHAEL & JOSEPHINE TEBB 2 35 BARBEE LANE ALAMO, CA 94507 198-120-009 0.50 ACRES .. JOHN & STACY ONTIVEROS 3 43 BARBEE LANE ALAMO, CA 94507 198-120-008 1 .00 ACRES HILDA PHEBUS, TRUSTEE 4 34 BARBEE LANE ALAMO, CA 94507 198-1 20-005 0.50 ACRES BRUCE & CAROLINE CONROY 5 26 BARBEE LANE DANVILLE, CA 94526 192-120-004 0.51 ACRES TIMOTHY & KATHLEEN OLLENDICK 6 18 BARBEE LANE ALAMO, CA 94507 198-120-003 0.50 ACRES BARRY & KATHLEEN JAEGER LIKELY 27 BARBEE LANE NON-PARTICIPANT ALAMO, CA 94507 198-120-010 0.50 ACRES U:\CAD\BarbeeLane\ 1 engrpt. wpd 9 LOCATION MAP N.T.S. ~O '5.<(-.\Ci !>-\..P' Of:; Q) OO\' SCYl ~ ]V 0 I 160 , I FEET I I POTENTIAL CAD AREA EXISTING SEWER "1111111111 PLANNED CAD SEWER * LIKELY CAD PARTICIPANT t::, LIKELY NON- CD ASSESSMENT PARTICIPANT NUMBER c: '" ~ ;;:; <:> cO '" "0 o U ...- 0- o ~ .. .. .. o <:> <:> -;;; 0- o ~ U 0- .. ...- "" Central Contra Costa Sanitary District ... ~ c; ~ ~ ..., .n N PROPOSED BOUNDARY OF BARBEE LANE CAD 98-5 DISTRICT PROJECT NO. 5477 Attachment F 10 EXHIBIT G BARBEE LANE CONTRACTUAL ASSESSMENT DISTRICT NO. 98-5 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" and collectively the "Owners"), with respect to Contractual Assessment District No. 98-5. & ~.' WHEREAS, DISTRICT will establish a contractual assessment district pursuant to the provisions of the Municipal Improvement Act of 1 911, 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 located within the contractual assessment district and, as warranted are presently utilizing septic systems to meet their wastewater disposal needs; and WHEREAS, an agreement is needed between OWNERs and DISTRICT before DISTRICT proceeds with the contractual assessment district; U:\CAD\Barbee Lane\ 1 engrpt. wpd Revised: 6/27/01 1 1 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 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 S, that individual owner agrees that the assessment(s) will become a lien against that individual OWNER's real property. U:\CAD\Barbee Lane\ 1 engrpt. wpd Revised: 6/27/01 12 (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 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: U:\CAD\Barbee Lane\ 1 engrpt. wpd Revised: 6/27/01 13 (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 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 U:\CAD\Barbee Lane\ 1 engrpt. wpd Revised: 6/27/01 14 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 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) Project Cost. (1 ) Determination of Project 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 street, 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 ~WNERs, 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 U :\CAD\Barbee Lane\ 1 engrpt. wpd Revised: 6/27/01 15 and DISTRICT agree the estimated Project Cost is $138,310 (one hundred thirty-eight thousand three hundred ten dollars). (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 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). U:\CAD\Barbee Lane\ 1 engrpt. wpd Revised: 6/27/01 16 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 Jjortion 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 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 D, 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. U:\CAD\Barbee Lane\ 1 engrpt. wpd Revised: 6/27/01 17 (ii) 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 documentatiolland/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 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. U:\CAD\Barbee Lane\ 1 engrpt. wpd Revised: 6/27/01 18 (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 0, for IMPROVEMENT or any discrete portion thereof, the difference between the amount requested by OWNERs and the budgeted amount shall, at the option of DISLTRICT, 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 0, 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 sixth (1/6) of the difference between the actual cost of IMPROVEMENT and the original estimated cost of IMPROVEMENT as set forth in Section 4(bH 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 0, 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 sixth (1/6) 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 o 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:\CAD\Barbee Lane\ 1 engrpt. wpd Revised: 6/27/01 19 Section 5. Repayment. Six (6) of the seven (7) parcel owners within the Assessment District who could connect their homes to the IMPROVEMENT have indicated that they will participate in the Assessment District and are being assessed. One (1) owner has opted to not participate and is not being assessed. If the owners of this parcel later choose to connect their property to the IMPROVEMENT within tw~nty (20) years from the date of this AGREEMENT, then the 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 the original participating parcels. Refunds will be made 10 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 I 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 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, U:\CAD\Barbee Lane\ 1 engrpt. wpd Revised: 6/27/01 20 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 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 U:\CAD\Barbee lane\ 1 engrpt. wpd Revised: 6127/01 21 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: Stacy & John Ontiveros 43 Barbee Lane Alamo, CA 94507 District: Central Contra Costa Sanitary District ATTN: MR. CURTIS SWANSON 5019 Imhoff Place Martinez, CA 94553 Either party may chang"e its address or addresses for delivery of notice by delivering written notice of the change of address to the other party. .. :>- Section 11. Severability: 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 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. U :\CAO\Barbee Lane\ 1 engrpt. wpd Revised: 6/27/01 22 Section 13. Limited Liability 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 assessmeht 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 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. U:\CAD\Barbee Lane\ 1 engrpt. wpd Revised: 6/27/01 23 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. Attorneys' 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 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. Counterparts. This AGREEMENT may be executed in counterparts, each of which shall be deemed an original. U:\CAD\Barbee Lane\ 1 engrpt. wpd Revised: 6/27/01 24 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: Raymond Marta, Trustee Phyllis Marta, Trustee Assessment Parcel No. 1 By: Michael A. Tebb Josephine A. Tebb Assessment Parcel No. 2 By: John W. Ontiveros Stacy L. Ontiveros Assessment Parcel No. 3 By: Hilda M. Phebus, Trustee Assessment Parcel No.4 By: Bruce J. Conroy Caroline Conroy Assessment Parcel No.5 By: Timothy A. Ollendick Kathleen Ollendick Assessment Parcel No.6 U :\CAD\Barbee Lane\ 1 engrpt. wpd Revised: 6/27/01 25 EXHIBIT A CONTRACTUAL ASSESSMENT DISTRICT NO. 98-5 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 to and along Barbee lane, including all design, surveying, soil and geotechnical engineering, plan check and ,., inspection fees, permit acquisition, and administrative charges. , ~.. U:\CAD\Barbee Lane\ 1 engrpt. wpd Revised: 6/27/01 A-l EXHIBIT B CONTRACTUAL ASSESSMENT DISTRICT NO. 98-5 SCHEDULE OF ASSESSMENTS ASSESSMENT PARCEL NOS. 1 THROUGH 6 Year Amount. 1 $3,208.76 2 $3,208.76 3 $3,208.76 4 $3,208.76 5 $3,208.76 6 $3,208.76 7 $3,208.76 8 $3,208.76 9 $3,208.76 10 $3,208.76 * Final amount will be based on final costs. Interest rate is 6.76%. U :\CAO\Barbee Lane\ 1 engrpt. wpd Revised: 6/27/01 B-1 .. ::.. EXHIBIT C CONTRACTUAL ASSESSMENT DISTRICT NO. 98-5 PAYMENT 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 Contractual Assessment District No. 98-5, and OWNERs), for a discrete portion thereof (as described in Exhibit D of that AGREEMENT) all as more fully described in the attached contractor'~ 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. U:\CAO\Barbee Lane\ 1 engrpt. wpd Revised: 6/27/01 C-1 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. 5. OWNERs are in compliance with the terms and provisions of the Funding and Acquisjtion 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:\CAD\Barbee Lane\ 1 engrpt. wpd Revised: 6/27/01 C-2 EXHIBIT D CONTRACTUAL ASSESSMENT DISTRICT NO. 98-5 DISCRETE PORTIONS OF IMPROVEMENT, BUDGETED AMOUNTS, AND SEQUENCE OF PAYMENT 1. Plan preparation including private surveying and engineering, 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 Barbee lane, including the acquisition of the facilities. A retention of ten percent (10%) will be retained from Item 2. $23,600 &. ::. . $110,000 The DISTRICT costs for plan check, inspection, and administration (total of $4,710) will be accounted for internally and remain part of the cost of IMPROVEMENT. Budgeted amounts will be adjusted in accordance with final costs. U:\CAD\Barbee lane\ 1 engrpt. wpd Revised: 6/27/01 D-1 EXHIBIT E CONTRACTUAL ASSESSMENT DISTRICT NO. 98-5 SCHEDULE OF REPAYMENT CHARGES FUTURE CONNECTOR TOTAL * 7th $27,504 * Charges will be adjusted based on final costs. Repayment charge based on the assumption that all participants are assessed over a ten-year period. If s.me of the participants elect to pay the entire assessment upfront, the repayment charge will be adjusted. U :\CAD\Barbee Lane\ 1 engrpt. wpd Revised: 6/27/01 E-1 CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS ON THE DRAFT SAN RAMON ADDENDUM TO THE CAPITAL IMPROVEMENT BUDGET FOR 2001-2002 AND 2002-2003 Suggested Agenda July 19, 2001 I. Request staff presentation. II. Conduct Public Hearing: A. Open Public Hearing. B. Receive public comments. C. Request staff response, as appropriate. D. Close Public Hearing. III. Board deliberation to consider approval of the Draft San Ramon Addendum to the Capital Improvement Budget for Fiscal Year 2001-2002 and 2002-2003 for inclusion in the overall 2001-2002 District Budget. U:\PPr\Bertera\HearingAgendaSR. wpd Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: July 19, 2001 No.: 5.b. HEARINGS Type of Action: APPROVE CAPITAL BUDGET ADDENDUM Subject: CONDUCT A PUBLIC HEARING ON THE DRAFT SAN RAMON ADDENDUM TO THE CAPITAL IMPROVEMENT BUDGET FOR FISCAL YEARS 2001-02 AND 2002-03 AND APPROVE THE ADDENDUM FOR INCLUSION IN THE 2001-02 DISTRICT BUDGET Submitted By: John J. Mercurio Initiating Dept./Div. : Engineering/Environmental Services REVIEWED AND RECOMM0~lbOR BOARD ACn J. M..,uri. ~R. S,h""d' ~. Sw,",., ~ ISSUE: The Board of Directors has established July 19, 2001, as the date for a pu lic hearing on the Draft San Ramon Addendum to the Capital Improvement Budget for Fiscal Years 2001-02 and 2002-03. Board Approval of the San Ramon Addendum to the Capital Improvement Budget for Fiscal Years 2001-02 and 2002-03 is requested. RECOMMENDATION: Conduct a public hearing to receive comments on the Draft San Ramon Addendum to the Capital Improvement Budget for Fiscal Years 2001-02 and 2002- 03. Approve the San Ramon Addendum to the Capital Improvement Budget for Fiscal Years 2001-02 and 2002-03. FINANCIAL IMPACTS: Approval of the San Ramon Addendum will add $26,036,000 in expenditures to the Capital Improvement Budget over the next two fiscal years. Of this amount, $17,300,000 will be reimbursed by the Dougherty developers. This leaves a net increase in expenditures of $8,736,000 over what was originally approved in June for Fiscal Years 2001-02 and 2002-03. There is also a net increase in expenditures in Fiscal Year 2003-04 of $1,627,000 for a grand total over the three years impacted by the San Ramon projects of $10,363,000 in net increase of expenditures. This currently unbudgeted increase will result in spending down the Sewer Construction Fund at an accelerated rate over that shown in the 10-year Capital Improvement Plan. In order to maintain adequate funds available to meet District cash flow needs, the revenue stream to the capital program will need to be increased through a combination of an increased capital component of the Sewer Service Charge and short- or long-term financing. An increased revenue stream will be needed to augment cash flow by the start of the 2002- 03 fiscal year. The alternatives for increasing capital revenue will be discussed as part of the budget cycle for 2002-03 and will be brought to the Board for discussion in a workshop format by January of 2002. 7/12/01 U :\PPr\McGowen\sanramonppcwbfinal. wpd Page 1 of 5 POSITION PAPER Board Meeting Date: July 19, 2001 Subject: CONDUCT A PUBLIC HEARING ON THE DRAFT SAN RAMON ADDENDUM TO THE CAPITAL IMPROVEMENT BUDGET FOR FISCAL YEARS 2001-02 AND 2002-03 AND APPROVE THE ADDENDUM FOR INCLUSION IN THE 2001-02 DISTRICT BUDGET At TERNATIVES/CONSIDERATIONS: The District entered into an agreement with the City of San Ramon and the Dougherty Valley developers to facilitate construction of the needed facilities. If the San Ramon Addendum is not approved, the District will not be able to fund these facilities and could be in violation of that agreement and be subject to litigation. BACKGROUND: The Board of Directors approved the Central Contra Costa Sanitary District's (District) Capital Improvement Budget (CIS) and authorized expenditures for Fiscal Year (FY) 2001-02 from the Sewer Construction Fund in June 2001. The CIB document did not include projects that would be required to serve new development in the Dougherty Valley because these projects, known as the San Ramon projects, were the subject of ongoing litigation and negotiations with the City of San Ramon at the time that the CIS document was being prepared. Subsequent to the preparation of the CIS document, on May 30, 2001, an agreement was entered into by and between the District and the City of San Ramon and the Dougherty Valley developers to facilitate construction of the needed facilities. These facilities included improvements to the San Ramon Pumping Station that, though not presently needed, were advanced into the present time frame at the request of the City of San Ramon. The settlement agreement provided that the City of San Ramon would issue all permits necessary for construction of three needed projects: . Dougherty Tunnel and Trunk Sewer Project which will carry flow by gravity from the Dougherty Valley to the existing San Ramon Pump Station. . Improvements to the San Ramon Pumping Station to handle the increased flows and to improve odor and noise control and the appearance of the facility. . San Ramon Valley Interceptor Force Main which carries flow from the San Ramon Pumping Station to the San Ramon Valley Interceptor. The first project, the Dougherty Tunnel and Trunk Sewer, is estimated to have a total cost of approximately $19,215,000. This project is a developer contributed facility and as such will be completely funded by the developers. Although, the District Board must authorize funds for the implementation of this project, financial agreements are in place to ensure that all District costs will be fully reimbursed. The second and third projects, the San Ramon Pumping Station and San Ramon Valley Interceptor Force Main are 7/12/01 U :\PPr\McG owen\sanramonppc wbfinal. wpd Page 2 of 5 POSITION PAPER Board Meeting Date: July 19, 2001 Subject: CONDUCT A PUBLIC HEARING ON THE DRAFT SAN RAMON ADDENDUM TO THE CAPITAL IMPROVEMENT BUDGET FOR FISCAL YEARS 2001-02 AND 2002-03 AND APPROVE THE ADDENDUM FOR INCLUSION IN THE 2001-02 DISTRICT BUDGET projects that the District had planned to construct in later years of the 2001 Ten-Year Capital Improvement Plan. In order to mitigate the impacts to the City of San Ramon the projects were consolidated into one time period and will be completed within a year of the Dougherty Tunnel and Trunk Sewer. The Dougherty developers agreed in principle to contribute to the financing costs associated with moving these projects forward in time. The cost of accelerating these projects will be calculated by staff as the method of financing is authorized by the Board and an agreement for reimbursement will be negotiated with the developers. The total previous Board authorization for projects that are active in FY 2001-02 is $39,008,000 with an estimated FY 2001-02 project expenditure without the San Ramon projects of $25,119,000. Revised Table 1A attached shows the increases due to the San Ramon projects. The additional authorizations required to fund the San Ramon Projects fall under the Collection System Program. The Board authorization needed for projects in FY 2001-02 increases by $24,854,000 to $63,862,000 and the estimated FY 2001-02 project expenditures increase by $13,209,000 to $38,328,000. Of these expenditures, $11,035,000 will be reimbursed by the Dougherty developers for the Dougherty Tunnel and Trunk Sewer. Thus, the net expenditures for FY 2001-02 will increase by $2,174,000 from the amount of $25,119,000 approved by the Board in June, without the San Ramon projects. The total anticipated authorization for projects that are active in FY 2002-03, including the San Ramon projects, will be $43,806,000. The estimated FY 2002-03 expenditures with San Ramon projects will be $33,803,000. Table 1 B contains the Budget Summary for 2002-03. The increase in FY 2002-03 expenditures resulting from the San Ramon projects is $12,827,000 of which $6,265,000 will be reimbursed by the Dougherty developers for the Dougherty Tunnel and Trunk Sewer. Thus, the net expenditures for FY 2002-03 will increase by $6,562,000 from the amount of $20,976,000 approved by the Board in June, without the San Ramon projects. By adopting the San Ramon Addendum to the Capital Improvement Budget, the Board of Directors authorizes staff to pursue work on specifically identified San Ramon projects in the Collection System Program. In addition, the General Manager is delegated the authority to allocate funds to establish specific project budgets and to expend funds within the overall program budgets as the scope of work for individual projects becomes better defined. 7/12/01 U :\PPr\McG owen\sanramonppc wbfinal. wpd Page 3 of 5 POSITION PAPER Board MlHlting Dats: July 19, 2001 Subject: CONDUCT A PUBLIC HEARING ON THE DRAFT SAN RAMON ADDENDUM TO THE CAPITAL IMPROVEMENT BUDGET FOR FISCAL YEARS 2001-02 AND 2002-03 AND APPROVE THE ADDENDUM FOR INCLUSION IN THE 2001-02 DISTRICT BUDGET The Ten-Year Capital Improvement Plan was also approved in June 2001. In this plan the San Ramon projects described above should be moved into the next three fiscal years. The Sewer Construction Fund will be used to fund the San Ramon projects for FY 2001- 02. As part of budget planning for FY 2002-03, a cash flow analysis will be conducted and alternatives for continued funding of the San Ramon projects will be analyzed. Discussions on this issue will take place during the 2002-03 budget planning cycle and at a Board workshop to occur by January of 2002. It is anticipated that a combination of the possible delaying of projects, an increased capital component of the Sewer Service Charge, and short- or long-term financing will be necessary to maintain the Sewer Construction Fund Balance at an appropriate level. While opportunities for deferring planned projects will be considered by staff to reduce revenue needs, many of the projects planned are already under construction or are due to commitments made to other customers of our District. Therefore, it is prudent at this time to plan for funding of the San Ramon projects in addition to funding of the previously approved Capital Improvement Budget. It is appropriate for the Board to receive comments from the public prior to considering approval of the San Ramon Addendum. July 19, 2001 was established by the Board as the date for a public hearing to receive these comments, and appropriate notices have been posted and published. RECOMMENDED BOARD ACTION: Conduct a public hearing to receive comments on the Draft San Ramon Addendum to the Capital Improvement Budget for Fiscal Years 2001-02 and 2002-03. Approve the San Ramon Addendum to the Capital Improvement Budget for Fiscal Years 2001-02 and 2002-03. 7/12/01 U :\PPr\McG owen\sanramonppc wbfinal. wpd Page 4 of 5 Table lA: Capital Improvement Budget Summary for Fiscal Year ~oOl-02 (A) (B) (C) · (A-B) (0) (E) = (B+C+O) Unallocated Additional Estimated Authorization Authorization Estimated Total Estimated Allocation Carry-over from Requested Carry-over from Proposed FY 2001~2 Program this Fiscal Year Previous FY this Fiscal Year Previous FY Authorization Expenditures Treatment Plant $4,294,000 $2,194,327 $2,099,673 $4,288,000 $8,582,000 $6,011,000 Collection System $36,183,000 $16,340,043 $19,842,957 $15,146,000 $51,329,000 $29,161,000 San Ramon Projects $23,965,000 $0 $23,965,000 $889,000 $24,854,000 $13,209,000* General Improvements $1,284,000 $408,233 $875,767 $924,000 $2,208,000 $1,437,000 Recycled Water $1,319,000 $1,837,736 ($518,736) $424,000 $1,743,000 $1,719,000 Total without San Ramon projects $19,115,000 $20,780,339 ($1,665,339) $19,893,000 $39,008,000 $25,119,000 Total San Ramon Projects $23,965,000 $0 $23,965,000 $889,000 $24,854,000 $13,209,000 Total this Fiscal Year $43,080,000 $20,780,339 $22,299,661 $20,782,000 $63,862,000 $38,328,000 * District will receive $11,035,000 in revenue for the Dougherty Tunnel and Trunk from Dougherty developers to partially offset FY 2001-02 expenditure. Table IB: Capital Improvement Budget Summary for Fiscal Year 2002-03 (A) (B) (C) = (A-B) (0) (E) = (B+C+O) Unallocated Additional Estimated Authorization Authorization Estimated Total Estimated Allocation Carry-over from Requested Carry-over from Proposed FY 2002~3 Program this Fiscal Year Previous FY this Fiscal Year Previous FY Authorization Expenditures Treatment Plant $4,488,000 $0 $4,488,000 $2,571,000 $7,059,000 $6,000,000 Collection System $11,585,000 $0 $11,585,000 $21,806,000 $33,391,000 $25,719,000 San Ramon Projects $2,335,000 $0 $2,335,000 $11,644,000 $13,979,000 $12,827,000* General Improvements $1,323,000 $0 $1,323,000 $771,000 $2,094,000 $1,015,000 Recycled Water $1,238,000 $0 $1,238,000 $24,000 $1,262,000 $1,069,000 Total without San Ramon projects $16,299,000 $0 $16,299,000 $13,528,000 $29,827,000 $20,976,000 Total San Ramon Projects $2,335,000 $0 $2,335,000 $11,644,000 $13,979,000 $12,827,000 Total this Fiscal Year $18,634,000 $0 $18,634,000 $25,172,000 $43,806,000 $33,803,000 . District will receive $6,265,000 in revenue for the Dougherty Tunnel and Trunk from Dougherty developers to partially offset FY 2002-03 expenditure Page 5 of 5 Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Type of Action: AUTHORIZE AGREEMENT Subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE AGREEMENT WITH MICHAEL WILLIS ARCHITECTS TO PROVIDE ADDITIONAL DESIGN SERVICES FOR THE MULTIPURPOSE FACILITY, DISTRICT PROJECT 8191. JVa.: 7.a. ITEMS HELD OVER FROM PREVIOUS BOARD MEETINGS Board Meeting Date: July 19, 2001 Submitted By: Jade Sullivan, Assistant Engineer Initiating Dept./Div.: Engineering/Environmental Services REVIEWED AND RECOMMENDED FOR BOARD RoO~...-- , C \t'1) JiJU- C. Swanson A. Farrell ISSUE: Board of Directors' authorization is required for the General Manager to execute professional service agreements or agreement revisions for amounts greater that $50,000. RECOMMENDATION: Authorize the General Manager to execute Revision No.2 to Agreement No. 021087AV with MWA for $26,330 for additional work under the agreement. FINANCIAL IMPACTS: The Agreement No. 021087 A V for the design services with Michael Willis Architects (MWA) will be increased by $26,330 bringing the total of this agreement to $76,000. AL TERNATIVES/CONSIDERATIONS: Under the original design agreement, MWA was to provide design services for the Multipurpose Facility project change order. MWA has performed additional services and incurred additional costs related to performing scope items beyond the intent of the original scope of services. BACKGROUND: On August 29, 2000, District staff approved an agreement with MWA to provide design services for the District Training Center (District Project 8191). District staff planned to negotiate a change order to the existing Laboratory Improvements Project (District Project 7172) with the contractor, Arntz Builders, to construct a District Training Center, now the Multipurpose Facility, in the location of the existing laboratory. The change order documents were prepared with the conceptual approval of the District Space Planning Committee. The project was renamed the District Multipurpose Facility. The original agreement with MWA was for $42,300. Revision No. 1 to the agreement increased the cost ceiling by $7,370 to a total of $49,670. During the final design and change order negotiation, the following additional services were provided by MWA to complete the change order documents: 7/12/01 U:\PPr\McGowen\MWAdesign.wpd Page 1 of 2 POSITION PAPER Board Meeting Date: July 19, 2001 Subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE AGREEMENT WITH MICHAEL WILLIS ARCHITECTS TO PROVIDE ADDITIONAL DESIGN SERVICES FOR THE MULTIPURPOSE FACILITY, DISTRICT PROJECT 8191. . an additional cost estimates was prepared; . a structural assessment and design of the roofing system and new partition walls were performed; . additional architectural, mechanical, plumbing and electrical design services were provided. On February 21, 2001, staff submitted the change order design documents to Artnz Builders and requested an itemized quotation for changes above the existing project contract sum. District staff with Michael Willis Architects negotiated design changes for the proposed change order to bring construction cost closer to the Capital Budget estimate. Staff negotiated a change order with Arntz Builders for the Multipurpose Facility that was considered by the Board at the Board meeting of July 5, 2001. The Board did not approve the change order. These additional design efforts by MWA resulted in a savings in the negotiated change order with Arntz Builders This Position Paper was originally considered at the Board meeting of July 5, 2001. The Board voted to reconsider this issue at the July 19th Board meeting. RECOMMENDED BOARD ACTION: Authorize the General Manager to execute Revision No.2 to Agreement No. 021087AV with MWA for an additional $26,330 which would result in a total cost for work under this agreement of $76,000. 7/12/01 U :\PPr\McGowen\MW Adesign. wpd Page 2 of 2 July 19. 2001 8.a. REPORTS - General Manager - 2) Page 1 of 6 Note receipt of League of California Cities, California State Association of Counties, California Special Districts Association, letter requesting District participation in Further Energy Conservation Efforts and provide direction to staff ,00 YEA",~ i1~ I r~'1l1r III ('ddnrni: (1111" ... ........"'<> o.p~~-i- -t/'Yc T00~ [WI Y~~~i#XV1 ~, June 22, 2001 ~ ~ &tf:b TO: Mayors and City Managers _, dY~cc~:o iB61 Chairs, County Boards of Supervisors and County Administrative OffiCerS!.g'JfM8Ftif81:~TI=lIf'T Presidents and General M~nagers, Special Districts T E ~ rpli<~ RE: Energy Conservation Pledge The State of California, the League of California Cities, the California State Association of Counties (CSAC), and the California Special Districts Association (CSDA) are writing to all California cities, counties and special districts to thank you for your previous energy conservation efforts and to ask for your continued cooperation in implementing energy conservation and efficiency measures in your government facilities and in your communities. First, we wish to thank all local governments that have already taken actions to reduce energy use, especially those who responded to the call this January to cut use by 7%. Your efforts resulted in substantial reductions in electricity use and assisted the State in making it through the difficult winter and spring months. We applaud your efforts. In response to the severe energy shortage facing California in the coming months, we are now encouraging all local governments to take the next steps and increase energy conservation efforts. Therefore, we encourage each jurisdiction to pledge to implement programs in local government buildings and facilities, the goal of which is to achieve up to a 15% reduction in electricity use over last year. In making this request, we recognize that because of the unique nature of the services provided by cities, counties and special districts, such as 24/7 public safety operations, water and wastewater systems and recreational opportunities for their citizens, it may not be possible for all jurisdictions to reach the 15% goal. Nevertheless, we ask all cities, counties and special districts to do their best. California as a whole is currently conserving energy by 10% over last year (adjusted for weather and population), and the State government has already cut energy use by 25% in its major office buildings. Additionally, businesses and non- profits throughout California are signing a Declaration of Action to conserve energy by 20%. We ask that each jurisdiction sign and return the attached pledge to implement programs to further reduce energy consumption. We recognize that in the last few years, cities, counties and special districts have already retrofitted government buildings with energy efficient equipment, or built new, energy efficient facilities. For local government buildings, the new energy reduction goal would take such past actions into consideration, as discussed in (2) below. In addition, we recognize that many local governments this year have already changed operating hours, dimmed or removed interior lights, shut off computers and changed outdoor lighting systems in order to achieve the previously requested 7%. Any further reduction would include these actions and not be in addition to them. Page 2 of 6 By signing the attached pledge, cities, counties and special districts would agree to implement programs to reduce electricity use in local major government buildings and facilities by up to 15% over last year, and to cooperate with the State by taking the following actions. 1. Appoint an energy coordinator to communicate with the State and to coordinate energy efficiency and conservation actions in your facilities. If you have not already done so, we ask each local government to immediately appoint an energy coordinator to serve as the primary point person for communication with the State, the League, CSAC, and the CSDA on energy matters and to coordinate energy saving actions within the local government and in the community. The attached Energy Coordinator form includes details on how to register the coordinator via em ail or fax so that they can receive further information. This will include details on how to use the ENERGY STAR~ tools and resources for buildings described below, how to obtain historic consumption data from investor owned utilities, a template of energy efficiency and conservation programs, and policy options that may be implemented at the local level. 2. Evaluate the energy performance of local government office buildings using the ENERGY STAR performance rating system and encourage'local businesses to do the same. ENERGY STAR provides an online rating tool that will calculate energy use in a building or a group of buildings, providing a baseline against which to measure the effects of additional energy efficiency improvements. It will enable you to compare the energy use in local government office buildings and therefore determine which ones should be targeted for energy efficiency upgrades. The rating will also identify buildings already performing at a high efficiency level due to recent upgrades or energy efficient construction. Local governments can then develop an action plan to implement short- and long-term energy efficiency improvements that can then be documented with the rating tool. There are significant financial savings and financial assistance available for government and commercial building energy efficiency measures. More information on ENERGY STAR tools and resources and instructional materials on the performance rating system will be sent directly to the local energy coordinator once he or she is registered. While the ENERGY STAR rating tool only targets office buildings, we recognize that many local governments can and have reduced energy use in facilities other than office buildings, such as street and park lights, traffic signals, and water and wastewater systems. Obviously, such reductions should be included in calculating your jurisdiction's progress towards achieving the 15% goal. 3. Undertake conservation measures in local government buildings and encourage energy conservation in the commercial sector. The State has developed an energy conservation package for office buildings which has been adopted by the Building Owners and Managers Association (BOMA) and the janitor and operating engineer unions that service, with BOMA, over 600,000,000 square feet of office space. The program outlines energy conservation measures that can be taken in buildings by changing operations and behavior. To build upon existing conservation activities in local government buildings, we encourage local governments to adopt these measures and also ask that you encourage commercial office buildings in your jurisdictions to do the same. More information on this package will be sent directly to the local energy coordinator. 4. Support outreach by community-based organizations and non-profit groups. We ask that local governments work with community-based organizations (CBOs) 2 Page 3 of 6 that have committed to educate their members and the general public on ways to conserve energy. CBOs across the state, including the League of Women Voters, the Council of Churches, the AARP, and the full range of environmental and community groups are asking people to pledge to save energy. Many groups are working with the California and local Conservation Corps, utilities, and others to walk neighborhoods with home energy conservation materials and free compact fluorescent light bulbs. Other groups are working with small businesses to assist them in cutting energy use. Information about these programs will be made available to energy coordinators. 5. Conduct a public education campaign by utilizing the "Watt's" Going on California? Energy Information Toolkit and other materials. We ask that local governments distribute energy conservation and efficiency messages and information to government employees and to the public in mailers, newsletters, and other materials, as appropriate. The "Watt's" Going On California? Toolkit that has been sent to cities and counties- by the League of Cities, CSAC, the California Park and Recreation Society and the Local Government Commission contains valuable public education suggestions. This Toolkit can be downloaded from the both the League of California Cities and CSAC websites (www.cacities.organd www.counties.org) for those who wish additional copies. 6. Develop and implement a community assistance plan. We ask that local governments work with the State, community-based organizations, and each other to coordinate their response to the possibility of blackouts this summer. This response should target the elderly, at-risk residents, and businesses that are adversely affected by power outages. Information about the State's new blackout notification system and resources available to develop and implement these plans will be available from the State. Attached to this letter are: (1) an Energy Conservation Pledge form for your jurisdiction to complete and return; and (2) an Energy Conservation and Efficiency Coordinator identification form to complete and return. This letter and forms arp. also available on the League, CSAC and CSDA websites. For more information about the overall program or the information requested, please contact the Flex Your Power office at.916-651-9121. Other information may be obtained from the League, CSAC or CSDA staff. We urge your jurisdiction to complete and return these forms as soon as possible so that we may all continue our efforts to reduce California's energy consumption. On behalf of the citizens of California, we thank you for your past efforts and hope that you will join with your State and local government colleagues and participate in this crucial undertaking. Sincerely, -e:v~~ State of Cal~ia 4--./)v2~ .' G~~F~eman, Supervisor Glenn County; President, California State Association of Counties David Fleming, Mayor, Vacaville President, League of California Citi C~ 4. Ph.D, Contra Costa Mosquito & Vector Control District; President, California Special Districts Association CityCountySpecDistrictLetter.doc 3 Page 4 of 6 . a League of California Cities California State Association of Counties California Special Districts Association ENERGY CONSERVATION PLEDGE WE, [insert jurisdiction name] in California CONCERNED about the severe economic and social impacts of rolling blackouts; AWARE of the need for immediate action by all electricity users to conserve power, especially during the difficult summer months ahead; MINDFUL of the role of the local government in demonstrating leadership and coordinating community involvement; DO HEREBY COMMIT OURSELVES to the following course of action: We voluntarily pledge to implement programs in our government buildings and facilities to reduce our electricity use by up to15% from last year's usage; We will take action to encourage energy efficiency and conservation throughout our communities and jurisdictions. WE ARE CONVINCED that by taking the initiative and working together in this manner, we can make a significant contribution to helping California during this energy crisis. On behalf of my local government, I support the Energy Conservation Pledge: Name Title City, County, Special District Address Number of Employees Population Served Telephone Fax Email PLEASE COMPLETE AND EMAIL OR FAX TO THE LEAGUE, CSAC OR CSDA, AS APPROPRIATE: League: CSAC: CSDA Email: FergusA@cacities.org; Fax: 916-658-8240 (Attn: A. Ferguson) Email: JVoorhis@counties.org; Fax: 916-441-5507 (Attn: J. Voorhis) Email: casmith@csda.net; Fax: 916-442-7889 (Attn: C. Smith) NOTE: THIS FORM IS AVAILABLE ON THE LEAGUE, CSAC AND CSDA WEBSITES. 4 Page 5 of 6 League of California Cities California State Association of Counties California Special Districts Association . ENERGY COORDINATOR REGISTRATION FORM Please complete and return this form as soon as possible so that the Energy Coordinator can begin to receive important energy efficiency and conservation information. The Energy Coordinator will serve as the point of contact between your city, county or special district and the State, as well as the League, CSAC and CSDA, on energy matters. Once registered, the Energy Coordinator will receive useful information to help your jurisdiction reduce energy use. Please note: It is NOT necessary that your jurisdiction complete and return the Energy Conservation Pledge form before returning this form. Please provide the followina information: Name of City, County or Special District _ L en+roJ Cmtru C~-la =::an',-l-ar!j b;s+r-;c;/- J~ (3~~ Name of Energy Coordinator Title SI'.J\ior ~ ~ E?O/q .::Tmh{)-fr' 10flf?..- /-Iarb/)c:?, c,q Clt./qs3 Address . Telephone Number (q :;r::->) c2dQ - 7 d. / / Fax Number ~;;;'t::.::>) &;?1- /;)3;) Email Address.)f:JeJf1he/(a)rpn-fra/.c...o/]ri.c;f.(la.us PLEASE RETURN COMPLETED FORM BY EMAIL OR FAX AS NOTED BELOW. 1. Flex Your Power Office: Email: localgov@energy.ca.gov Fax: 916-651-9142 PLEASE SEND AN ADDITIONAL COpy TO THE LEAGUE, CSAC OR CSDA. 2. Copy to League, CSAC or CSDA: League: FergusA@cacities.org; Fax: 916-658-8240 CSAC: JVoorhis@counties.org; Fax: 916-441-5507 CSDA: casmith@csda.net; Fax: 916-442-7889 NOTE: THIS FORM IS AVAILABLE ON THE LEAGUE, CSAC AND CSDA WEBSITES. Thanks very much for your participation. . 5 Page 6 of 6 HP LaserJet 3100 Printer/Fax/Copier/Scanner ,END CONFIRMATION REPORT for CENTRAL SAN DIST 925 676 7211 Jul-19-01 3:56PM Job Start Time Usage Phone Number or ID Type Pages Mode Status 605 7/19 3:56PM 0'35" 916 442 7889 Send............. 1 / 1 EC 96 Complet ed........ ........ ......... ............ Total 0'35" Pages Sent: 1 Pages Printed: 0 LHgue 01 CaIIfomI/J CItt.. ~srm._oICountJos ~ Sp<<;IaI D/otJ1cIf ~tIon _v CONSIRYATlON pLEDOll WE. Centrol Contra Costa Sanitary DIstrict in.C.l Hornia CONCERNED oboullll8 _ oaoroomIc and aocIal impactS of roUlng blackouts; AWME of IIl8 _lor Imm..... action by aII_ricily uaara to conaerve power. oopecIaIIy during IIl8 dlftlcul_ month. ahead: MINDf\lL 0I11l8 _ 0I1Il8 local govem"",n11n demonatrottng leaderohlp .nd 0Cl0I'd1na1ing communly_: DO HEREBY COMMIT OURSl!LVES to the following CO"" of_: Wo \IOIuoariIy pIodg8 to Implomolll programs In .... _nvn.1lI building. ond tacIIItloo 10 Nduco out oloclriclty UN by up to15~ from Ioal y..... usage; w. wit bike ItC;tion to .aeoun.ge energy efficiency and conHrveUon throughout our communllloo .nd juriodlcllonl. WE ME CONVINCED thai bytotdng tho initiallvo and worldng tog_In lhie maMet, we """ mab a oIgnificont contribIllIan to helping Call1omla during thie energy crioIo. on behaW aI my 1ocaI~, I ._rlthO Ena'llY ConaervatlOn PIodg.: Name RiiIlrhara n I-Inrhtt Tale Presidllnt BOArd of Directors City, COunty, SpecJIII 0IMrict C~ntr.l Contra Costa Sanitary DUtrict AddrM.SOl q Imhoff Pl u.~ MBrti "*,7 CA Q4553 Number 01 EmpIoyoeI 240 PopulatIOn Sorved @ 420.000 Telephone Q?;'_'?R_Q5nO Fex Q?J\_"7fi_7?1 1 EmaU ,.~ntY"1I hoAn nro PLl!ASl COMPLETE AND EMAlL OR FAX TO THE LEAGUE, CSAC 28 CIDI\, AS APPROPRlATI!: Looguo: EmoU: ForguoAG_.OIll: Fax: 91~8240 (AlIn: .... Forguoon) CSAC: Emal: JV~.org; Fax: 91&-441-5!507 (Attn: J. Voorhis) CSDA Em..: _lh(tcoda.nat: Fax: 91&-442-7889 (Alln: C. Smlh) League of California Cities California State Association of Counties California Special Districts Association ENERGY CONSERVATION PLEDGE WE,Central Contra Costa Sanitary District in California CONCERNED about the severe economic and social impacts of rolling blackouts; AWARE of the need for immediate action by all electricity users to conserve power, especially during the difficult summer months ahead; MINDFUL of the role of the local government in demonstrating leadership and coordinating community involvement; DO HEREBY COMMIT OURSELVES to the following course of action: We voluntarily pledge to implement programs in our government buildings and facilities to reduce our electricity use by up to15% from last year's usage; We will take action to encourage energy efficiency and conservation throughout our communities and jurisdictions. WE ARE CONVINCED that by taking the initiative and working together in this manner, we can make a significant contribution to helping California during this energy crisis. On behalf of my local government, I support the Energy Conservation Pledge: Name Barbara D. Hockett Title Pres i dent Board of Di rectors City, County, Special District Central Contra Costa Sani tarv Di stri ct Address5019 Imhoff Place Martinez. CA 94553 Number of Employees 240 Population Served @ 420.000 Telephone 925-228-9500 Fax 925-676-7211 Email central san. org PLEASE COMPLETE AND EMAlL OR FAX TO THE LEAGUE, CSAC OR CSDA, AS APPROPRIATE: League: CSAC: CSDA Email: FergusA@cacities.org; Fax: 916-658-8240 (AUn: A. Ferguson) Email: JVoorhis@counties.org; Fax: 916-441-5507 (AUn: J. Voorhis) Email: casmith@csda.net; Fax: 916-442-7889 (AUn: C. Smith) HP LaserJet 3100 Printer/Fax/Copier/Scanner .END CONFIRMATION REPORT for CENTRAL SAN DIST 925 676 7211 Jul-19-01 4:01PM Job Start Time Usage Phone Number or ID Type Pages Mode Status 608 7/19 4:00PM 0'30" 916 651 9142 Send . . . . . . . "..,. 1 / 1 EC144 Completed ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . Total 0'30" Pages Sent: 1 Pages Printed: 0 . LfHlgue at CIJIIfomIa CIIiN CaIIfomia SIIIIe Aaaoc:I8,.", at eounnN Ca/itomla Special OisIricts AssocIation ENERGY COORDINATOR REGISTRATION FORM PIe..a complete and return this fonn aa lOOn .. poulbla 10 th8t the Energy Coordinator canibegln to .....ive imporiantanergy efficiency and CDnI8rvotlon infonn8lion. n.. Ener;y CoOrdinator will 'eMI ao the point of contact be_n yow dly, county or .pecial dlalricl and the istate, a. w.u ..1M l.ague, <:sAC and CSDA, on anergy metlenl. Once reglotered, lhe Ell4!rgy Coordinator wiR receiv. uaefullnlormMion to help your jurisdiction reduce .nergy uset Pl.... note: It is NOT neceuery _ your jurisdiction COOlplet. and return tile Energy Corl.ervetion Pledge form before returning this form. Ple,.a a_ide the followlna Infonnatlon: Na",e of City, County or Special Oittrict _ C 'w-hoJ ~ en'- -b ~nAar'j T::llb+r;d- Name of Energy Coordinator 0 LA t3t.l Ju..v ~ . ~(IM/ TI1l. Ad~ra.. 5'01'}.Ii:::: ,,_ /larbnn ,01 q~ . Taljtphone Number {q~ ,;),,;lq - 7~ II Fa. Number (i.;l'q) (ofl'{- I<i)~ EIl'jIIIAddre.. 1"'~K>/JU-/IDI'''~" 4-<..11';2 uc. Pll;ASE RETURN COMPLETED FORM BY EMAll OR FAX AS NOTED BELOW. ,. ~Iex Your Power OIIlce: ~:": 1~~;~~rgy.ca.9OV Pl~ASE SEND AN ADDITIONAL COpy TO THE lEAGUE, CSAC OR CSDA. 2. Copy to Leegue, CSAC 2!: CSDA: league: FergusA@cacltlaa.org; Fax: 916-858-8240 <:sAC: JVoorhia@counll...org; Fax: 1116-4<11-5507 CSDA: casmith@CIda.net; FIX: 91ll-442.788ll NClTE: THIS FORM IS AVAILABLE ON THE LEAGUE, CSAC AND CSDA WEBSITES, Thanks very much for your partJcipation. . Plge 6 of 6 HP LaserJet 3100 Printer/Fax/Copier/Scanner JENO CONFIRMATION REPORT for CENTRAL SAN OIST 925 676 7211 Jul-19-01 3:59PM Job Start Time Usage Phone Number or ID Type Pages Mode Status 607 7/19 3:58PM 0'38" 916 442 7889 Send. 11 1 EC 96 Completed.. ................................ Total 0'38" Pages Sent: 1 Pages Printed: 0 . Leegue of Cel/forme CllJes CaIifomie ste'" Association of Counties California SfHICIM Disttfcts A8oocIerJon ENERGY COORDINATOR REGISTRATION FORM i Ti~ Address . I TjPhoneNUmber (q.;p.,) .;;~q - 7:1 II FaxlNumber (?~ t'dfl- /.;>~ Emtil AddrHs. l"'I!j>.h_~I"~n #;:1/'", 1fG. PUrSE RETURH CoMPl.ETED FORM' BY EIlAIL OR FAX AS NOTED BELOW. 1. t' x Your powerOfllce: Emall: IoCIII;ovGenergy,ca.gov Fax: 91e-es,.S142 PL ASE SEND AN AbOlTlOllAL CoPY TO THE LEAGUE. CSAC OR CSCA. 2. ~py to League, CSAC !!! CSOA: League: F.~.org; Fex: 918-658-8240 CSAC: JVoortlioC<:oun\iM,"'ll: Fu: 818-441-6607 CSCA: casmllhGcsde,nIll: Fax: 816-442-7888 NO~E: THIS FORII IS AVAILAllLE OlilTHE LEAGUE, CSAC AND CSDA MBBITES. nulnkl very much ror your psI\lCipatlon, .1 ! I I Psge 6 of 6 Central Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: July 19, 2001 No.: 9. a . TREATMENT PLANT Type of Action: AUTHORIZE CONTRACT CHANGE ORDER Subject: AUTHORIZE A CONTRACT CHANGE ORDER FOR PIPING RENOVATIONS PROJECT, DISTRICT PROJECT 7183B Submitted By: James L. Belcher, Senior Engineer Initiating Dept./Div. : Plant Operations / Maintenance REVIEWED AND RECOMMENDED FOR BOARD ACTION: o~ J J. ele O/~ f J. elly ISSUE: The Board of Directors must authorize contract change orders that exceed $50,000. RECOMMENDATION: Authorize issuing Contract Change Order No. 2 to Kaweah Construction Company in the amount of $53,994 to replace 12 valves. FINANCIAL IMPACTS: This change order would reduce the project contingency account $53,994. Al TERNATIVES/CONSIDERATIONS: Reuse existing valves; however, this is not recommended because the valves are corroded to the point that they will not hold water. The existing valves are beyond repair, and the valves are needed to operate the return- activated sludge system in the secondary treatment process. BACKGROUND: Kaweah Construction Company was awarded the Piping Renovations Project, District Project No. 71838, on January 11,2001, at a bid price of $1,091,918. This project includes repair of the service air system, return-activated sludge pump suction headers, scum piping, grit piping, recycled water flow meter, mixed-liquor spray piping, and spray nozzles. Replacing failing sections of the return-activated sludge pump suction piping headers also included reconditioning six existing 12-inch and six existing 20-inch return-activated sludge valves. While there were no outward appearances that the valves were unserviceable, the bid also included, as an alternative, line items to replace the valves should they be found to be unserviceable upon inspection. This line item was included because the line on both sides of the valve was being replaced due to leaks caused by corrosion, so there was a reasonable possibility that the valve would need to be replaced. 7/12/01 S :\Correspondence\POSP APR\200 1 \ChgOrder .JLB. wpd Page 1 of 2 Ii POSITION PAPER Board Meeting Date: July 19, 2001 Subject: AUTHORIZE A CONTRACT CHANGE ORDER FOR PIPING RENOVATIONS PROJECT, DISTRICT PROJECT 71838 When the valves were removed for reconditioning, they were found to be corroded beyond repair. Replacing the valves at this time is the preferred alternative, since the labor portion of the work is included in the original contract, and reinstalling the old valves will compromise the secondary treatment process because the return-activated sludge pumps cannot be isolated for maintenance unless two clarifiers are taken out of service. This project is approximately 50 percent complete. Change Order No.1 was for $24,983; approval of this change order would bring the total amount of change orders to date to $78,977 of the project contingency of $208,082. RECOMMENDED BOARD ACTION: Authorize a contract change order for Kaweah Construction Company, in the amount of $53,994.00, to replace twelve valves on the Piping Renovations Project, DP 71838. 7/12/01 S :\Correspondence\POSP APR\200 1 \ChgOrder .JLB. wpd Page 2 of 2 July 19. 2001 10.a. CORRESPONDENCE Page 1 of 3 Note receipt of letter from John R. Lee and Jo-Ann D. Lee commending the District for investigation, resolution, and clean up of stormwater run off non- toxic pollution of a Pleasant Hill Creek LEE ~~cg~DW~[0 JUl 1 0 2001 JOHN R. LEE & JO-ANN D. LEE 0G<.;;:;0 ~ECRETARY OF THE DISTRICT July 8, 2001 Mr. Charles Batts General Manager Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, California 94553-4392 Dear Mr. Batts, It was our distinct pleasure to work with many of your employees over the course of the past week, July 2 to July 7. We believe that you and your management team can take pride in the direction and leadership that has resulted in District employees performing at the highest level. This performance level exceeds by a wide margin any expectations we have had for employees in any service organization - public or private. Background of Incident We recently experienced storm water runoff non-toxic pollution of a small urban creek that runs through our property in Pleasant Hill. A variety of your employees assisted us under your contracts with Walnut Creek and Pleasant Hill to enforce these cities storm water runoff permits from the Regional Water Quality Control Board. Identification of Problem Initially, we knew that your organization did not have direct responsibility for storm water drains, but we figured someone could point us in the right direction. The receptionist answering the phone knew that inspection responsibilities had been contracted and immediately connected us with an inspector. Over the course of several days we interacted with Ernest Rodriguez and Christina Kelso who identified and cited the source of the problem. Technical Expertise and Professional Manner Both inspectors responded to our various calls in a timely manner and kept us well informed of the progress of their investigations. When one of them was going to be unavailable, they told us and we were able to work with both without any backtracking. Tim Potter picked up responsibility for cleanup planning in conjunction with staff from the Regional Water Quality Control Board. He, along with Bill Eckels, knew of the fragile nature of creeks as compared to sewers. Their work activities and clean up had little or no impact on our once again pristine creek. 2979 VESSING ROAD PLEASANT HILL, CA 94523 (925) 933-6809 Page 2 of 3 Mr. Charles Batts Central Contra Costa Sanitary District July 8, 2001 Page 2 High Productivity and Excellent Equipment Bill Eckels led the cleaning operations on Saturday. Never did we see idle moments by any of the crews who were working that day. Billable work and overtime callout might be a mix one would expect to lead to a lot of dead time. The polluter was fortunate that your organization did this work with the apparent strong work ethic intact even for this incident. Nor were there any complaints of having to work on a Saturday. All of the equipment used in the cleaning operation not only looked in excellent condition, it performed flawlessly. It was obvious during our conversation with the workers that they take great pride in their equipment and they are well trained in its use. Genuine Concern Perhaps the most positive aspect for us was the genuine concern for our problem expressed by each and every employee from Central Sanitary District. Your inspectors took time to come to our home to listen to our anger and distress. Your supervisors always took a moment to keep us informed of what would be happening next in the clean up. They actively listened to our suggestions and concerns. Your maintenance I cleanup crews respected our property and expressed to us their own distress of a polluted creek. We always had valid contact method for key personnel after normal hours - a big comfort to us as the weekend approached. Conclusion We hope that you can personally extend our most heart-felt appreciation and thanks to all of the members of your staff who were involved in the investigation, resolution and clean up of our creek and property. We know that you will probably suffer some public ire at the rate increases recent approved by the Board. But we believe, and you may quote us, that the fees imposed by Central Sanitary District result in the best-spent public dollars we know of. Appreciatively Yours, Isl John Lee Jo-Ann lee Copy to Mike Taugher, Environmental Reporter - Contra Costa Times Copy to Members of the Board via Joyce Murphy: Barbara D. Hockett, President Mario M. Menesini, President Pro Tern Parke L. Boneysteele Gerald R. Lucey James A. Nejedly Page 3 of 3