HomeMy WebLinkAbout12-06-01 AGENDA BACKUP
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: December 6, 2001
No.: 3.a. CONSENT CALENDAR
Type of Action: ACCEPT EASEMENT
Subject: ADOPT A RESOLUTION TO ACCEPT AN EASEMENT FROM J. WESLEY HARDIN
MORSE AND JENNIFER L. SCEILI OVER THE EXISTING PUBLIC SEWER AT 1261
CAMINO TASSAJARA, DANVILLE, DISTRICT PROJECT 690
Submitted By:
Molly Mullin, Engineering Assistant
Initiating Dept./Div. :
Engineering/Environmental Services
C. Swanson
~
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
At ~faLfL~
M. Mullin
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J. Miyamoto-Mills
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ISSUE: Board approval is required for the District to accept Grants of Easements.
RECOMMENDATION: Adopt a resolution to accept an easement and authorize recording
of the easement with the Contra Costa County Recorder.
FINANCIAL IMPACTS: None.
BACKGROUND: When the homeowners at 1261 Camino Tassajara visited the District for
plan review of a proposed home addition, it was discovered that the proposed addition
would encroach on the existing sanitary sewer. In 1977, CCCSD adopted a declaration
of prescriptive rights to maintain and operate the sewer on this property. Based on this
declaration, the homeowners were directed to redesign the addition to eliminate the
encroachment. In light of the possibility of future building improvements, staff concluded
that an exclusive easement would better protect the property rights of the District and the
homeowners. The current homeowners, J. Wesley Hardin Morse and Jennifer L. Sceili,
are willing to grant an easement to the District (see attached map).
Staff concluded that this transaction is exempt from the California Environmental Quality
Act (CEOA) under District CEOA Guidelines Section 15305, since it involves a minor
alteration in land use limitations. Acceptance of the Grant of Easement will establish the
Board of Directors' independent finding that this action is exempt from CEQA.
RECOMMENDED BOARD ACTION: Adopt a resolution to accept the Grant of Easement
from J. Wesley Hardin Morse and Jennifer L. Sceili and authorize staff to record the Grant
of Easement with the Contra Costa County Recorder.
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ACCEPTANCE OF EASEMENT
1261 CAMINO TASSAJARA, DANVILLE
(JOB 690)
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Page 2 of 2
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Central Contra Costa Sanitary District
BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: December 6, 2001
No.:
3.b. CONSENT CALENDAR
Type of Action: SET DATE FOR PUBLIC HEARING
Subject: ESTABLISH JANUARY 10, 2002, AS THE DATE FOR A PUBLIC HEARING TO
RECEIVE COMMENTS ON PROPOSED REIMBURSEMENT FEES FOR THE PROPERTIES
WHICH COULD CONNECT TO SEWERS IDENTIFIED AS PROJECTS 5183, 5357, 5377,
5409, 5432, AND 5485
Submitted By:
Jack Case, Associate Engineer
Initiating Dept./Div. :
Engineering/Environmental Services
J. Miyamoto-Mills
A. Farrell
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
C}Q.,
c. Swanson
d-'~
, J. Case
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ISSUE: When Reimbursement Fees are proposed for properties which could connect
to a "standard facility" or "special facility" installed by private individuals, the District
Code requires that a public hearing be held prior to the Board of Directors' adoption of
the fees.
RECOMMENDATION: Establish the Board's regularly scheduled meeting on January 10,
2002, as the date for a public hearing to receive comments on proposed Reimbursement
Fees for properties which could connect to sewers installed by private individuals
identified as projects 5183, 5357, 5377, 5409, 5432, and 5485.
FINANCIAL IMPACTS: An administrative charge to recover District costs is paid by the
installer for each fee collection transaction.
AL TERNA TIVES/CONSIDERA TIONS: Not applicable.
BACKGROUND: Design and construction of the projects listed in the subject were paid
for by private individuals. After the projects have been completed by the installer and
accepted by the District, the installer contributes the project to the District for public use.
Non-installer properties may connect to the contributed public sewers. The District Code
provides for Reimbursement Fees to the installer, so the installer may recover a share of
the cost for the contributed "facility."
Attachment 1 shows the general locations of the constructed projects. The proposed
Reimbursement Fees would be collected from property owners in the areas of the projects
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POSITION PAPER
Board Meeting Date: DECEMBER 6, 2001
Subject: ESTABLISH JANUARY 10, 2002, AS THE DATE FOR A PUBLIC HEARING TO
RECEIVE COMMENTS ON PROPOSED REIMBURSEMENT FEES FOR THE PROPERTIES
WHICH COULD CONNECT TO SEWERS IDENTIFIED AS PROJECTS 5183, 5357, 5377,
5409, 5432, AND 5485
when they connect to th€ sewer system. These collected fees would then be disbursed
to the installers of the projects.
Attachment 2 shows the proposed Reimbursement Fees and provides their calculation.
These fees are collected at the time of connection in addition to Facilities Capacity and
Pumped Zone Fees (now $3,360/RUE and $710/RUE, respectively), and other District
charges, such as those for permits, inspection, and sewer service.
The District Code requires that a notice of public hearing be mailed at least ten days in
advance to owners of properties to which the fees would be applicable. The notice will
include a general description of the reimbursement fee program, a description of the
facilities that were constructed which give rise to the proposed fees, and the amount of
the proposed fee.
RECOMMENDED BOARD ACTION: Establish the Board's regularly scheduled meeting on
January 10, 2002, as the date for a public hearing to receive comments on proposed
Reimbursement Fees for properties which could directly connect to sewers installed by
private individuals identified as projects 5183, 5357, 5377, 5409, 5432, and 5485.
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ATTACHMENT 1
Location Map
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Location of Projects
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ATTACHMENT 2
Proposed Reimbursement Fees
The proposed Reimbursement Fees are calculated by dividing the eligible project cost for
the facilities by the number of Residential Unit Equivalents (RUE) which may connect to
the facilities. The proposed Reimbursement Fees are shown in Table 1:
Number of Proposed
Cost Eligible Direct Reimbursement
Project Description for Reimbursement Connections Fee Per Unit
5183 Brodian Way, Orinda $25,527,94 6 $4,254.66
5357 EI Toyonal, Orinda $23,143.15 4 $ 5,785.79
5432 Via Serena, Alamo $42,601.66 4 $10,650.41
5485 North Gate Road, $105,703.62 6 $17,617.27
Walnut Creek
Table 1
Project 5377, Smith Road in Alamo, is a "Special Facility" due to an extra long length of
main sewer at the beginning of the project that does not provide sewer service to any
parcels. The proposed indirect and direct connection fees are shown in Table 2:
Type of Connection Cost Eligible for Number of Proposed Reimbursement
Reimbursement Connections Fee per Unit
Direct Connection $118,729.03 6 $19,788.17
Indirect Connection $78,111.76 18 $4,339.54
Table 2
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ATTACHMENT 2
Proposed Reimbursement Fees
Project 5409, Springhill Road in Lafayette, has been divided into a downstream portion,
5409.1, and an upstream portion 5409.2, because there are four connections along a
relative short distance in the downstream portion when compared to the upstream portion
plus a connection to the first downstream project manhole. In addition, the installer
provided some laterals for other property owners, and reimbursement should be provided
when the property owner connects to the sewer system. The proposed Reimbursement
Fees are shown in Tables 3 and 4.
5409 Reimbursement Cost Eligible for Number of Proposed
Category Reimbursement Connections Reimbursement Fee
per Unit
Downstream Manhole $4,884.18 1 $4,884.18
5409.1, Downstream $38,228.01 4 $9,557.00
5409.2, Upstream $167,475.05 11.09 $15,101.45
Table 3
Street Address Assessor Parcel Parcel Lateral Lateral
Number Length Reimbursement Fee
(Meters) (Note 1)
3546 Springhill Rd. 231-070-029 1 1 $901.39
3554 Springhill Rd. 231-070-027 9 $737.50
3601 Springhill Rd. 365-230-008 4 $327.78
4010 Springhill Rd. 365-230-009 3 $245.83
4021 Springhill Rd. 365-230-034 9 $737.50
Total 36 $2,950.00
Table 4
Note 1: The construction cost for laterals is $2,950.00, and the cost for each lateral was
calculated as shown in the example below.
11 meters divided by 36 meters times $2,950.00 equals $901.39
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Central Contra Costa Sanitary District
BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: December 6, 2001
No.:
3.c. CONSENT CALENDAR
Type of Action: AUTHORIZE MEETING ATTENDANCE
Subject: AUTHORIZE THE ATTENDANCE OF TWO CSO EMPLOYEES, MAINTENANCE
SUPERVISOR TIFTON GANTT AND MAINTENANCE CREW LEADER STEVE SAUTER, AT
UNDERGROUND CONSTRUCTION TECHNOLOGY 2002 CONFERENCE, TO BE HELD IN
HOUSTON, TX, JANUARY 1 5-1 7, 2002, AT A COST OF $1 ,450 EACH
Submitted By:
Bill Echols, Field Operations
Superintendent
Initiating Dept./Div. :
Operations/Collection System Operations
Division
REVIEWED AND RECOMMENDED FOR BO RD ACTION:
.~ pJ~qf
ISSUE: Specific approval by the Board of Directors is required for travel if the cost exceeds
$1,000 or is out of state.
RECOMMENDATION: Approve the attendance of CSO Maintenance Supervisor Tifton
Gantt and Maintenance Crew Leader Steve Sauter at Underground Construction
Technology (UCT) 2002, to be held in Houston, Texas, January 15-17, 2002.
FINANCIAL IMPACTS: There are sufficient funds in the Collection System Operations
Division Training, Conference and Meeting account to cover the cost of two employees'
attendance at this conference.
AL TERNATIVES/CONSIDERATIONS: The alternatives are to send no one or only one
attendee to this year's conference or to send different attendee(s).
BACKGROUND: This annual conference is one of the most comprehensive and well
recognized in the underground construction industry, particularly as pertains to the area
of trenchless pipe rehabilitation (pipe bursting, directional drilling, and slip lining, for
example).
For the past year, CSO has been investigating the feasibility of using trenchless
construction techniques for sewer line repairs and replacements conducted by the Field
Operations/Construction section. A major aspect of this research is determining what
types of equipment are best suited to our needs, learning the specifics of operating it and
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POSITION PAPER
Board Meeting Date: December 6, 2001
Subject: AUTHORIZE THE ATTENDANCE OF TWO CSO EMPLOYEES, MAINTENANCE
SUPERVISOR TIFTON GANTT AND MAINTENANCE CREW LEADER STEVE SAUTER, AT
UNDERGROUND CONSTRUCTION TECHNOLOGY 2002 CONFERENCE, TO BE HELD IN
HOUSTON, TX, JANUARY 15-17, 2002, AT A COST OF $1,450 EACH.
getting valuable first-hand information from professionals who use the trench less
systems. Trenchless construction is very attractive to the District because it minimizes
the need for expensive and time-consuming homeowner property restoration following
repairs in easements.
The Collection Systems Division is considering extensive use of trenchless technology for
small sewer repair and replacement because it permits faster and more efficient spot
repairs under difficult construction situations. The educational seminars, instructional field
demonstrations and hands-on exhibits offered at UCT 2002 will provide valuable insights
on which technology would be best suited for the District. Mr. Gantt's input as section
supervisor will be crucial in the selection of which equipment to use to repair and replace
District sewers, while Mr. Sauter will be leading the crews actually using the equipment
in the field.
RECOMMENDED BOARD ACTION: Authorize the attendance of Tifton Gantt and Steve
Sauter at UCT 2002, January 15-17, Houston, Texas.
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Central Contra Costa Sanitary District
BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: December 6, 2001
No.: 6
.a.
ADMINISTRATIVE
Type of Action: APPROVE CONTRACT
Subject: APPROVE CONTRACT FOR SERVICES WITH GUARDSMARK INC. FOR THE
SECURITY GUARD SERVICE CONTRACT FOR DISTRICT FACILITIES
Submitted By:
David J. Clovis
Safety & Risk Manager
Initiating Dept./Div. :
Administration/Safety & Risk Management
1M V. b<{ ~ <0-"';'
v. LamiC~ J. Davis
'ED AND RECOMMENDED FOR BOARD ACTION:
ISSUE: The District has received proposals for security services for District facilities.. The
Board of Directors approval is required for a contract for services.
RECOMMENDATION: Approve a Contract for Services with Guardsmark Inc.
FINANCIAL IMPACTS: The estimated annual cost for services will be $172,228 and is
currently budgeted in the Safety & Risk Management Budget.
ALTERNATIVES/CONSIDERATIONS: The Board could reject all proposals or select an
alternative proposal.
BACKGROUND: The District first entered into an agreement for security services with
American Protective Services (APS) in 1984. Since that time, APS has provided security
services for District facilities at the Martinez Facility. In the year 2001, APS, which was
a privately held company, was sold to Pinkerton Security Services. Since that time the
District has been working with Pinkerton Security who has been providing security guard
services.
The District has received proposals for security services from Pinkerton and three other
security firms. The other three firms were Guardsmark, Continental Security Service, Inc.
and Guardian Security Agency. District staff has reviewed all proposals and has
performed reference checks on all of the firms that have submitted proposals. The
proposals as submitted ranged from a low of $153,379 to a high of $157,780 not
including the costs of a vehicle. A summary of these proposals is shown on Attachment
1. The proposals were evaluated based upon their performance at other organizations,
reputation in the industry, compensation package for their security officers and their ability
to retain officers.
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POSITION PAPER
Board Meeting Date: December 6, 2001
Subject: APPROVE CONTRACT FOR SERVICES WITH GUARDSMARK INC. FOR THE
SECURITY GUARD SERVICE CONTRACT FOR DISTRICT FACILITIES
The proposal submitted by Pinkerton is the lowest quotation. However, Pinkerton has
been unable to provide adequate staffing for the District for the past six months. District
staff has had repeated meetings with Pinkerton who has been unresponsive and unable
to meet the site staffing requirements. The proposal as submitted by Pinkerton fails to
meet the District Standard for providing adequate service.
Guardsmark Inc. is the current provider of security service for Sonoma County and was
very highly recommended. The proposal as submitted by Guardsmark, which is a
privately held company, is the most responsible proposal submitted. Their firm has the
resources necessary to provide high quality, reliable and competent security services. The
security officers will be uniformed and clearly identifiable as security guards and not police
officers. Guardsmark will provide twenty-four-hour per day and seven-day per week
coverage. Guardsmark will provide the necessary supervision to maintain the level of
service which is required by the District.
The Guardsmark proposal has the best compensation program for their officers compared
to all other proposals submitted. In addition to the hourly pay, Guardsmark Inc. provides
a complete compensation package including health benefits, paid vacation, on the job
training programs, incentive awards, uniforms provided at not cost to the officer, and a
matching 401 k plan. Guardsmark uses an extensive hiring screening process which
includes background checks and drug screening. Guardsmark has provided evidence of
their insurance and crime policy limits. Their limits were significantly higher than the other
proposals and clearly exceed District requirements. Guardsmark has an outstanding
retention rate for security officers and their management team has numerous years of
service with their organization.
Our account will be supervised out of their Novato office. Guardsmark has scheduled the
opening of a new office in Concord during the first quarter of 2002. Guardsmark Inc. has
included a quotation for a vehicle within their proposal for $1,269.00 per month. This
cost includes fuel, insurance, mileage, vehicle costs and repairs. The District's Fleet
Service Supervisor has reviewed this portion of the proposal and believes the cost to be
appropriate.
Safety & Risk Management Staff has concluded that Guardsmark Inc. has submitted the
most responsible proposal for service. The estimated annual costs for security services
will be $157,780.40; the cost for services include the costs for holiday pay. Additional
hours required by the District will be billed based upon our contracted hourly rate. The
monthly cost for the vehicle will be $1,269.00.
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POSITION PAPER
Board Meeting Date: December 6, 2001
Subject: APPROVE CONTRACT FOR SERVICES WITH GUARDSMARK INC. FOR THE
SECURITY GUARD SERVICE CONTRACT FOR DISTRICT FACILITIES
RECOMMENDED BOARD ACTION: Approve a contract for service with Guardsmark
Inc. for the security guard service contract for District Facilities.
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Central Contra Costa Sanitary District
Attachment 1
Summary of Proposals
Weekly Monthly
Pinkerton Security, USA $2,896.56
Vehicle $1,000.00
Guardsmark $3,009.44
Vehicle $1,269.00
Guardian Security Service Inc. $2,963.84
Vehicle $1,250.00
Continental Security $2,906.80
Vehicle $ 750.00
Annual
$153,379.52
$ 12,000.00
$157,780.40
$ 15,228.00
$156,942.08
$ 15,000.00
$153,921.60
$ 9,000.00
Page 4 of 4
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: December 6, 2001
No.: 7.a. ENGINEERING
Type of Action: APPROVE EIR ADDENDUM; APPROVE PROJECT; AUTHORIZE
AGREEMENT
Subject: APPROVE ADDENDUM TO CONTRA COSTA COUNTY'S 1996 DOUGHERTY
VALLEY SUBSEQUENT ENVIRONMENTAL IMPACT REPORT ADDRESSING A
TEMPORARY SEWER SYSTEM. APPROVE THE TEMPORARY SEWER SYSTEM
PROJECT. AUTHORIZE THE GENERAL MANAGER TO EXECUTE A TEMPORARY
SEWER FACILITIES AND SERVICE AGREEMENT WITH WINDEMERE BLC LAND
COMPANY LLC
Submitted By:
Jarred Miyamoto-Mills
Principal Engineer
Initiating Dept./Div. :
Engineering/Environmental Services
K. Aim
~;NO RECOMMEN~ FOR BOARO~
J. Miy.mmo-Mm, ~'o" A. ,,,,,II
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ISSUE: Board of Directors' approval of an addendum to the County's 1996 Subsequent
Environmental Impact Report (SEIR) for the Dougherty Valley development, and
authorization for an agreement with Windemere BLC Land Company LLC (Windemere BLC)
is required for construction and operation of temporary sewer facilities (including a
tempoary pumping station) prior to completion of the Dougherty Valley Tunnel and Trunk
Sewer Project.
RECOMMENDATION: Approve an addendum to Contra Costa County's 1996 Dougherty
Valley SEIR addressing a temporary sewer system, approve project and authorize the
General Manager to execute an agreement with Windemere BLC for temporary sewer
facilities to serve connections needed prior to completion of the Dougherty Valley Tunnel
and Trunk Sewer Project.
FINANCIAL IMPACTS: The proposed agreement requires Windemere BLC to bear all
design, construction, operations, maintenance, disassembly and abandonment costs of
the temporary sewer facilities. Plan review and inspection costs will be recovered by
applicable customary fees and charges. The District will operate and maintain the pumping
station. Windemere BLC will pay the District's estimated costs in advance, and any
difference between the estimated costs and actual costs at the end of each year's
operation.
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U :\PPr\Bertera\ Temp Facilities. wpd
POSITION PAPER
Board Meeting Date: December 6, 2001
Subject: APPROVE ADDENDUM TO CONTRA COSTA COUNTY'S 1996 DOUGHERTY
VALLEY SUBSEQUENT ENVIRONMENTAL IMPACT REPORT ADDRESSING A
TEMPORARY SEWER SYSTEM. APPROVE THE TEMPORARY SEWER SYSTEM
PROJECT. AUTHORIZE THE GENERAL MANAGER TO EXECUTE A TEMPORARY
SEWER FACILITIES AND SERVICE AGREEMENT WITH WINDEMERE BLC LAND
COMPANY LLC
AL TERNATIVES/CONSIDERATIONS: The Board of Directors may either approve the SEIR
addendum, the project, and service agreement with Windemere BLC, or decline to do so.
If the temporary sewer facilities are not constructed, no connections in the Dougherty
Valley may be served until completion of the Dougherty Valley Tunnel and Trunk Sewer
Project (currently projected to be November 2002).
BACKGROUND: The Dougherty Valley developers need sewer service for a portion of their
first phase of development prior to the completion of the Tunnel and Trunk Sewer Project.
A temporary pumping station and force main to convey wastewater to the District's
existing collection system has been proposed by Windemere BLC. This temporary sewer
system is similar to the pumping station alternative included in the County's 1996 SEIR
for the development, but with a significantly lower capacity (0.38 mgd versus 9.3 mgd).
The capacity of the temporary facilities is limited by downstream constraints within the
District's collection system. The lower capacity is acceptable since the temporary
facilities would serve no more than 540 homes for no more than five years.
The Board of Directors reviewed the 1996 SEIR during its deliberations regarding
annexation of the Windemere property and the Specific Facilities Plan for Wastewater
Utility Service to Dougherty Valley and Tributary Properties in 1997. Both times, the
Board established its independent finding that the environmental impacts of providing
wastewater utility service will be reduced to less-than-significant levels through
implementation of the mitigation measures required of the project by Contra Costa
County .
Since the 1996 SEIR did not specifically enVISion implementing a pumping station
alternative for temporary sewer service prior to completion of the Tunnel and Trunk Sewer
alternative, staff has concluded that approval of an addendum to the SEIR by the District
(as Responsible Agency) prior to the construction of the temporary facilities would be
appropriate. This conclusion is based on the fact that the temporary facilities would be a
relatively small and impermanent change to a limited portion of the overall 5,000 + acre
Dougherty Valley development plan addressed in the 1996 SEIR and would not constitute
a "substantial change in the project requiring major EIR revisions." A draft addendum has
been prepared and is presented as Attachment 1.
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POSITION PAPER
Board Meeting Date: December 6, 2001
Subject: APPROVE ADDENDUM TO CONTRA COSTA COUNTY'S 1996 DOUGHERTY
VALLEY SUBSEQUENT ENVIRONMENTAL IMPACT REPORT ADDRESSING A
TEMPORARY SEWER SYSTEM. APPROVE THE TEMPORARY SEWER SYSTEM
PROJECT. AUTHORIZE THE GENERAL MANAGER TO EXECUTE A TEMPORARY
SEWER FACILITIES AND SERVICE AGREEMENT WITH WINDEMERE BLC LAND
COMPANY LLC
Approval of the addendum will establish the Board of Directors' independent findings that
the addendum was considered in conjunction with the certified 1996 SEIR; that the
project would not require major revisions of the 1996 SEIR warranting preparation of a
subsequent or supplemental EIR; would produce no new significant or substantially more
severe environmental effects that would require major revisions in the 1996 SEIR; there
are no substantial changes with respect to the circumstances under which the project
would be constructed which would require major revisions to the 1996 SEIR due to the
involvement of new significant environmental effects or a substantial increase in the
severity of previously identified significant effects; there is no new information indicating
that new significant or substantially more severe environmental effects would result from
implementation of the project; and there are no new feasible alternatives or mitigation
measures within CCCSD's powers that would substantially lessen or avoid any significant
environmental effect resulting from the project.
A proposed Temporary Sewer Facilities and Service Agreement to specify the
responsibilities of the two parties has been negotiated between the District and
Windemere BLC. The proposed agreement is presented in Attachment 2.
RECOMMENDED BOARD ACTION: Approve an addendum to Contra Costa County's
1996 Dougherty Valley SEIR addressing a temporary sewer system, approve the
Temporary Sewer System project, and authorize the General Manager to execute and
agreement with Windemere BLC for temporary sewer facilities to serve connections
needed prior to completion of the Dougherty Valley Tunnel and Trunk Sewer Project.
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ATTACHMENT 1
ADDENDUM TO CONTRA COSTA COUNTY'S 1996 DOUGHERTY VALLEY
SUBSEQUENT ENVIRONMENTAL IMPACT REPORT (SCH #96013003)
FOR A TEMPORARY SEWER SYSTEM
PREPARED BY CENTRAL CONTRA COSTA SANITARY DISTRICT
NOVEMBER, 2001
I. INTRODUCTION
Central Contra Costa Sanitary District ("CCCSD") has prepared this Addendum to
document the environmental review of a temporary sanitary sewer system
("Temporary Sewer System" or "Project") for a portion of Dougherty Valley
development (i.e., Windemere Phase I and Gale Ranch Phase II). The Temporary
Sewer System is proposed to serve approximately 540 homes.
New facilities included in the Project include the construction of a 0.38 million gallons
per day (mgd) temporary pumping station within Dougherty Valley and approximately
9,770 linear feet of 6-inch diameter pressure sewer pipe. Overall, about 40 percent
of the Temporary Sewer System is proposed to be placed within the Bollinger Canyon
Road right of way ("ROW"), with the remainder to be located outside the Bollinger
Canyon Road ROW. The Project facilities would connect to CCCSD's existing sanitary
sewer facilities in the Lawrence Road area of Danville, north of Dougherty Valley.
The facilities would no longer be needed when the Dougherty Tunnel is put into
service in approximately Spring of 2003. The Dougherty Tunnel is under construction
and will contain gravity sewers connecting Dougherty Valley with CCCSD's existing
Larwin Pumping Station west of Alcosta Boulevard in San Ramon.
Parts of the proposed Temporary Sewer System are similar to a permanent sewer
system alternative evaluated in the 1996 Final Subsequent Environmental Impact
Report for the Dougherty Valley General Plan Amendment, Specific Plan Amendments
and Implementing Project Entitlements, County File #GP 96-0001 (the "Dougherty
Valley Project") (SCH# 96013003) which was certified in November of 1996 (" 1996
SEIR").
1
Page 4- of 28
II. PURPOSE OF THE ADDENDUM
The California Environmental Ouality Act (Public Resources Code ~21000 et seq.)
("CEOA") authorizes a Lead or Responsible Agency to prepare an addendum to a
previously certified EIR if some changes or additions are necessary but none of the
conditions described in CEOA Guidelines ~ 15162 requiring the preparation of a
subsequent EIR have occurred. A Lead or Responsible Agency may not require a
subsequent EIR unless: (i) substantial changes are proposed in the project that will
require major revisions of the previous EIR, (ii) substantial changes occur with respect
to the circumstances under which the project is being undertaken that will require
major revisions in the EIR, or (iii) new information of substantial importance to the
project, which was not known and could not have been known at the time the EIR
was certified as complete becomes available. Pub. Res. Code ~21166; 15 Cal. Code
Regs. ~ 15162.
An addendum is not required to be circulated for public review but can be included in
or attached to the final EIR. CEOA requires that the decision-making body consider
the addendum with the final EIR prior to making a decision on the project. A brief
explanation of the decision not to prepare a subsequent EIR pursuant to ~ 15162
should be included in an addendum or elsewhere in the record and must be supported
by substantial evidence. 14 Cal. Code Regs. ~ 15164.
In accordance with CEOA Guidelines ~ 1 5164, CCCSD, as a Responsible Agency, has
prepared this Addendum to the previously certified 1996 SEIR to document minor
technical changes to the 1996 SEIR related to the proposed Temporary Sewer System
for Dougherty Valley. For the reasons set forth below, CCCSD has determined that a
subsequent or supplemental EIR is not required for the Temporary Sewer System.
III. PROJECT BACKGROUND
In December, 1992, Contra Costa County approved a Specific Plan for Dougherty
Valley to guide development of the nearly 6,000-acre planning area. The Dougherty
Valley General Plan Amendment and Specific Plan provided for the construction of up
to 11,000 homes, and supporting commercial, office, civic and open space land uses.
The Specific Plan area included three property owners: Shapell Industries (Gale Ranch
2
Page 5 of 28
- 2,708 acres); Windemere Ranch Partners (Windemere - 2,320 acres); and the United
States Government (Camp Parks - 950 acres). The County certified as adequate the
Final Environmental Impact Report for the 1992 Dougherty Valley Specific Plan (" 1992
EIR").
Since December, 1992, the County has approved, and when necessary, conducted
subsequent environmental review for several phases of development anticipated by
the Specific Plan. Through the environmental review process, the County evaluated
the provision of sanitary sewer service to Dougherty Valley by CCCSD as the
preferred wastewater service scenario.
In December 1994, the County certified a subsequent environmental impact report
(the" 1994 EIR") related to, and issued a tentative subdivision map and other
approvals for, the first phase of development of the Dougherty Valley -- Environmental
Impact Report, Country Club at Gale Ranch, General Plan Amendment, Rezoning with
Preliminary Development Plan (3010 RZ); Final Development Plan (3090-92); Vesting
Tentative and Final Subdivision Map (Tract 7796). SCH #93081082 (DEIR, August
1994; FEIR, October 1994).
Shapell Phase I, then called the Country Club at Gale Ranch and now known as The
Bridges at Gale Ranch, includes approximately 1,216 dwelling units and an 18-hole
golf course within the northwest portion of Shapell's property. To provide sanitary
sewer service to the Bridges, CCCSD approved a 12-inch sewer line that extends
south from Bollinger Canyon Road, parallels Coyote Creek for approximately 4,300
linear feet, and connects to CCCSO's existing 18-inch diameter gravity sewer located
at Canyon Green Drive, just above Alcosta Boulevard.
Subsequently, in November 1996, the County certified the 1996 SEIR and approved
Specific Plan Amendments, Preliminary Development Plans, and Final Development
Plans for Gale Ranch II (Shapell Industries) and Windemere Phase I (Windemere Ranch
Partners) projects. The 1996 SEIR evaluated the specific impacts resulting from
implementation of these projects including, as more fully set forth below, options for
providing sanitary sewer service. CCCSD has considered the environmental effects of
the sewer system evaluated in the foregoing EIRs prepared by the County.
3
Page 6 of 28
IV. DESCRIPTION OF DOUGHERTY VALLEY SEWER SYSTEM
The Windemere Phase I, Subdivision 7976 is located within the CCCSD service
boundaries. The 1996 SEIR evaluated two sanitary sewer collection infrastructure
alternatives to link Dougherty Valley to the CCCSD's existing collection system: the
Tunnel Alternative (Figure 1) and the Pumping Station Alternative (Figure 2) (see
descriptions below). The Pumping Station Alternative and the Tunnel Alternative were
described and evaluated on pages 4.2-26 through 4.2-28 and 4.2-41 through 4.2-42
of the Draft 1996 SEIR.
As stated in the 1996 SEIR, the County preferred the Tunnel Alternative (which
involves construction of a transport tunnel and trunk sewers to reach the Larwin
Pumping Station) as the permanent solution for the sanitary sewer collection system
because it was environmentally superior to the permanent use of a new pumping
station which was evaluated under the Pumping Station Alternative. CCCSD
subsequently concurred with this determination. The permanent Tunnel Alternative
currently is under construction and is anticipated to be completed by Spring of 2003.
Since certification of the 1996 SEIR, however, a delayed start to construction of the
Tunnel Alternative has prompted the Dougherty Valley developers to propose the
Temporary Sewer System to assure sufficient sewer capacity will be available in the
likely event that homes within Dougherty Valley are ready for occupancy before
construction of the Tunnel Alternative is complete.
As proposed, the Temporary Sewer System will implement discrete portions of the
"Pumping Station Alternative" evaluated in the 1996 SEIR and connect into CCCSD's
existing sanitary sewer system in Lawrence Road. No changes are proposed to the
Tunnel Alternative, which will remain the permanent sewer system plan for the
Dougherty Valley project. A description of the Pumping Station Alternative, and those
portions that will be incorporated into the Temporary Sewer System, are provided in
the next section of this document.
4
Page 7 of 28
.
FIGURE 1
.
.
--
BOUNDARY OF DOUGHERTY
VALLEY WIO CAMP PARKS
.
.!
.
.
.
.
.
.
.
CAMP
PARKS
~
LEGEND:
.
EXIST GR..V1TY ~
- - - - - EleST FOR::!::""'''
_ - - - OIS'!RICT SERV,CE
BOUNO"''lY
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PROPOSUl CR..V1TY SE~
_ _ _ _ - PROPOstO REUtF SEWER
_ _ _ - -P!lOPOst:O fORCE"''''N
.
.
D
LANDS TO 8E ANNEXED
INTO CCCSO
-
JTI)(QYOJl~IIDceJflt~
W Efullncey Subsequent EIR
Figure: 4.2-7
Tunnel Alternative
8
--
Source: CCCSD Dougherty Val]ey Sewer
Service Study - November 1990
Graphic
Scale:
n
o 500'
I I
2500' 5000'
,
5
Page 8 of 28
I
I
FIGURE 2
I
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OUGHERTY
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CAMP
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LEGEND:
--
EXIST GRAI/ITY ~
- - - - - EXIST FORCEMAlN
- - - - DIS1RlCT SER\IICE
BOUNDARY
- - - RIDGE LINE
PROPOSED GlIA\IITY SEWER
- - - - - PROPOSED REUtF SEWER
- - - - - PROPOSED FORCEIotAIN
. PROPOSED PUMPINC STAnON
-
--
~
LANDS TO BE ANNEXED
INTO CCCSO
-
Source: CCCSD Dougherty Valley Sewer
Service Study - November 1995
Graphic
Scale:
n
o 500'
8
-
JD)CIDNl~llnceIflt~
W~nnce~ Subsequent EIR
Figure: 4.2-6
Pumping Station Alternative
I I
2500' 5000'
.
I
6
Page 9 of 28
A. 1996 SEIR Pumpina Station Alternative
Figure 2 depicts the Pumping Station Alternative evaluated in the 1996 SEIR. This
alternative involved construction of a new 10.8 mgd pumping station in Dougherty
Valley. Under this Alternative, wastewater from Dougherty Valley was to flow by
gravity to a Dougherty Valley Pumping Station where four 125-hp, variable speed
pumps (three service plus one standby) would pump the wastewater north along
Bollinger Canyon Road approximately 9,600 linear feet through dual 18-inch force
mains to a ridge just east of Dougherty Road. Both 18-inch force mains would have
been required to transport peak wet weather flows of 10.8 mgd. Each force main
could have transported peak dry weather flows of 4.8 mgd with the other force main
out of service.
The force mains would have connected to a new 21-inch gravity sewer that would
have extended 5,000 linear feet west along Bollinger Canyon Road and connected to a
recently installed sewer line through The Bridges at Gale Ranch Golf Course, as shown
on Figure 1. The Bridges sewer line flows south, parallel to Coyote Creek for
approximately 4,300 linear feet, and connects to the District's existing gravity sewer
located at Canyon Green Road.
Under the Pumping Station Alternative, new relief sewers would have been
constructed parallel to the District's existing gravity sewers (between Canyon Hills
Road and Canyon Green Drive, and beneath portions of Summerwood Loop, Fallen
Leaf Circle, Fallview Street, and the former Southern Pacific right-of-way) to provide
adequate capacity to the Larwin Pumping Station.
As described in the 1996 SEIR, under either the Pumping Station Alternative or the
Tunnel Alternative, the Larwin Pumping Station's peak wet weather flow capacity
would be increased to 17.7 mgd (now projected to be 16.0 mgd) by replacing the
existing pumps at Larwin with four 250-horsepower variable speed pumps (three
service plus one standby). An addition would be built onto the existing pump station,
and additional landscaping would be installed to screen the expanded pump station. A
larger wet well, new motors, variable frequency drives, discharge piping, standby
generator, and other auxiliary equipment would be installed. These improvements
currently are being designed.
7
Page 10 of 28
_._.___.______.._~."_____"______'~_w.~._~_.__'_"...____~""..".______.__
Also as described in the 1 996 SEIR, under either the Pumping Station Alternative or
the Tunnel Alternative, a new 21-inch force main (now projected to be 24-inch), along
with the existing 12-inch and 14-inch force mains, would be required to transport peak
wet weather flow northward in the former Southern Pacific right-of-way (now known
as the Iron Horse Trail) 12,800 linear feet to CCCSD's San Ramon Interceptor located
approximately 500 feet north of Norris Canyon Road. The new force main would be
capable of transporting peak dry weather flows with the existing 12-inch and 14-inch
force mains out of service. The 12-inch and 14-inch force mains together would be
capable of transporting peak dry weather flows with the new force main out of
service.
B. Temporary Sewer System
To meet CCCSD's requirements for interim sanitary sewer service, the Dougherty
Valley developers have proposed building the Temporary Sewer System as shown in
Figure 3. Until the Tunnel Alternative is completed, interim sewer service will be
provided by a temporary wastewater collection system similar to portions of the
Pumping Station Alternative collection system described above.
The Temporary Sewer System would include construction of a 0.38 mgd temporary
pumping station on an approximately 5,300 square foot site on the north side of uFu
Street, just west of Bollinger Canyon Road, within the Windemere portion of the
Dougherty Valley development. According to Project plans, the pumping equipment
would be contained within a 40 foot by 45 foot area bounded by a chain link fence
with brown vinyl slats. The pumping station would have an appearance similar to the
CCCSD pumping station at the south end of Lawrence Road in Danville.
Connected to the pumping station would be an approximately 9,770 linear foot
pressure (force) main constructed three to eight feet below ground. The temporary
sewer would be built beneath the new alignment of Bollinger Canyon Road for a
distance of about 3,940 feet to the east side of Alamo Creek. The sewer would then
be constructed along the east side of (but not in) Alamo Creek for a distance of
approximately 3,180 feet. The sewer would then cross Alamo Creek between the
surface of an existing road and an existing creek culvert beneath the road (to allow
8
Page 11 of 28
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Page 12 of 28
uninterrupted creek flow). The pressure sewer would not be placed in the creek.
Then, the sewer line would be extended on the west side of the creek along an
unpaved road for approximately 2,650 feet, to an existing manhole at the south end of
Lawrence Road. The manhole is already connected to an adjacent, existing pumping
station that serves the Lawrence Road area. From that point, wastewater from the
Project would be pumped, via existing pumping stations and sewers north to Camino
Tassajara, then would gravity flow via existing sewers to CCCSD's wastewater
treatment plant in unincorporated Martinez.
Within one year of completion of the Tunnel Alternative, the developers will be
responsible for disassembly and/or proper abandonment (e.g., grouting of pipelines) of
any or all portions of the Temporary Sewer System no longer necessary to service
Dougherty Valley development.
V. SUMMARY OF ENVIRONMENTAL EFFECTS
A. Summary of Relevant Environmental Effects from the 1996 SEIR
The 1996 SEIR concluded that wastewater service by CCCSD would create demands
on existing facilities and require construction of new facilities on- and off-site that
would result in a significant environmental effect. The 1996 SEIR concluded that
construction of the Pumping Station Alternative would result in short-term
construction effects.
The effects of overall Dougherty Valley-related construction identified in the 1996
SEIR include on-site and off-site traffic impacts, interference with access, noise and
dust generation, removal of vegetation, disruption of biological resources, creek
crossings, erosion, and potential for exposure of cultural resources. The following
1996 SEIR chapters contain the analyses of construction-related effects and identify
mitigation measures for these impact: Chapter 4.4, Floods/Hazards/Drainage/Water
Quality; Chapter 4.5, Geology/Seismicity/Grading; Chapter 4.6, Traffic; Chapter 4.7,
Biological Resources; Chapter 4.9, Noise; Chapter 4.10, Air Quality; and Chapter
4.13, Archaeology/Cultural Resources.
10
Page 13 of 28
._._.._,__________...____.___.____.~_~..___,. __.,.__._~_____.__...".'u_......,_,.,,_...._.__..__._____.________.____...____~_'__ --.---------
B. Temporary Sewer System Environmental Effects
No Substantial Change in the Project. The Temporary Sewer System would have
environmental effects similar to many of those described above for the Pumping
Station Alternative and other Dougherty Valley development. The Temporary Sewer
System includes construction and operation of a pumping station (smaller than
described in the 1996 SEIR Pumping Station Alternative) and a pipeline that would
follow part of the Bollinger Canyon Road alignment of the 1996 SEIR Pumping Station
Alternative. The off-road portion of the Temporary Pumping System and the eventual
disassembly/abandonment of the unneeded portion of the Project would have impacts
similar to some of the general construction effects identified in the 1996 SEIR. Thus,
there are no new, Project-related significant or substantially more severe
environmental effects that would require major revisions in the 1996 SEIR.
The 1996 SEIR's mitigation measures would apply both to the construction and
disassembly/abandonment of the Temporary Sewer System since both actions will be
occurring at the same locations and in the midst of other substantial construction
activities that will be on-going in the Dougherty Valley for many years to come.
No Substantial Changes in Circumstances Under Which the Project is Being
Undertaken Requiring Major EIR Revisions. There are no substantial changes in the
environmental conditions of the project setting. Construction within the Dougherty
Valley (as envisioned in the 1996 SEIR) has begun. The Temporary Sewer System is
proposed to allow approximately 540 units (of 11,000 units approved for Dougherty
Valley) to temporarily use existing capacity in the sewer system due to a delayed start
to construction of the approved Tunnel Alternative.
The Dougherty Valley developers have commenced construction of the Tunnel
Alternative and are anticipated to complete the permanent sewer system by Spring of
2003. However, to assure sufficient capacity is available in the event the Tunnel
Alternative is not completed by the time Dougherty Valley development requires sewer
capacity, the Dougherty Valley developers have proposed implementation of the
Temporary Sewer System.
11
Page 14 of 28
Thus, there are no substantial changes with respect to the circumstances under which
the Temporary Sewer System would be constructed which would require major
revisions to the 1996 SEIR due to the involvement of new significant environmental
effects or a substantial increase in the severity of previously identified significant
effects.
No New Information of Substantial Importance. There is no new information of
substantial importance, which was not known and could not have been known with
the exercise of reasonable diligence at the time the previous EIR was certified as
complete, that indicates that the Temporary Sewer System would have one or more
new significant effects or substantially more severe effects than those discussed in
the 1996 SEIR. Although the Temporary Sewer System is based, in part, on the
Pumping Station Alternative, CCCSD's preference for the Tunnel (rather than the
Pumping Station Alternative) as a permanent sewer service system has not changed.
The 1996 SEIR concluded that the Pumping Station Alternative was less desirable to
CCCSD as a permanent sewer system solution, compared to the Tunnel Alternative;
this conclusion has not changed.
The Temporary Sewer System would not have sufficient capacity for the buildout of
Dougherty Valley. The Temporary Sewer System, however, is feasible as a short-term
solution to the provision of sewer capacity for up to 540 units until the Tunnel
Alternative is completed. The Temporary Sewer System would not require any
mitigation measures or alternatives that are materially different from those described
in the 1996 SEIR to substantially reduce the adverse effects of sewer service.
Consequently, there is no new information indicating that new significant or
substantially more severe environmental effects would result from implementation of
the Temporary Sewer System.
VI. CONCLUSION
Based upon the analysis above, the proposed Temporary Sewer System would not
require major revisions of the 1996 SEIR warranting preparation of a subsequent or
supplemental EIR. The addition of the Temporary Sewer System to the Dougherty
Valley sewer system would assure the provision of adequate sewer capacity for the
Dougherty Valley Project until completion of the approved Tunnel Alternative and
12
Page 15 of 28
would not result in new significant or substantially more severe environmental effects.
Finally, there are no new feasible alternatives or mitigation measures within CCCSD's
powers that would substantially lessen or avoid any significant environmental effect
resulting from the Temporary Sewer System.
13
Page 16 of 28
----_._..~--~--------"-~
ATTACHMENT 2
TEMPORARY SEWER FACILITIES
and
SERVICE AGREEMENT
This Temporary Sewer Facilities and Service Agreement is entered into this _ day of
November, 2001, by and between Central Contra Costa Sanitary District, a California special
district, ("District") and Windemere BLC Land Company LLC, a California limited liability
company, ("Windemere").
REelT ALS
A. Windemere owns approximately 2,379 acres of land located in the Dougherty Valley,
Contra Costa County, California, which land is depicted in Exhibit A attached hereto and
incorporated herein by reference ("Windemere Property"). The Windemere Property has
been annexed into the District's jurisdiction.
B. Shapell Industries of Northern California, a California corporation and a division of
Shapell Industries, Inc., a Delaware corporation, ("Shapell") owns approximately 2,100
acres of land located in the Dougherty Valley, Contra Costa County, California, adjacent
to Windemere Property, which land is also depicted in Exhibit A ("Shapell Property").
The Shapell Property also has been annexed into the District's jurisdiction.
c. The Windemere Property and Shapell Property taken together hereinafter shall be
referred to as the "Dougherty Property."
D. Windemere intends to construct up to 5,170 residential units and associated commercial
and institutional connections on the Windemere Property pursuant to existing
entitlements.
E. Shapell intends to construct residential units and associated commercial and institutional
connections on the Shapell Property pursuant to existing entitlements.
F. Windemere anticipates that the Dougherty Property eventually will be sewered by way of
a permanent gravity flow system consisting of a Tunnel and Trunk Sewer connecting to
the existing Larwin Pump Station in south San Ramon. Said Tunnel and Trunk Sewer
will consist of the facilities provided for in the Dougherty Valley Tunnel and Trunk
DoC#249148
Page 1 of 10
Page 17 of 28
Sewer project, District Project No. 5902, set forth in Plans and Specifications dated May
16,2001.
G. Litigation concerning the planned Tunnel and Trunk Sewer between the City of San
Ramon and CCCSD, Windemere, and Shapell has resulted in substantial construction
delays. Until permanent sewer service facilities are installed, temporary sewer service
facilities must be provided so that the flow from the first phases of development on the
Dougherty Property can be connected to existing District facilities. The temporary sewer
service facilities shall consist of a pumping station and forcemain, including all necessary
appurtenances thereto, which shall be designed to serve a maximum of 540 Residential
Unit Equivalents ("RUE") for no more than five (5) years. Plans for these temporary
facilities have been submitted by Windemere to the District. The facilities contained on
those plans entitled East Branch Parkway Sewage Pumping Station (Job No. 5518) and
Dougherty Valley Temporary Force Main (Job No. 5543), hereafter collectively shall be
referred to as the "Temporary Facilities."
H. Windemere accepts responsibility for construction of the Temporary Facilities to
temporarily serve the initial subdivisions within the Windemere Property and potentially
certain initial subdivisions within the Shapell Property.
AGREEMENT
1. District to Provide Sewer Service. The District agrees to provide to those users within
the Windemere Property, who connect to the Temporary Facilities, all services that the District
typically provides to other areas within its jurisdictional boundaries on the condition that
Windemere complies with the obligations provided for herein, as well as such other
governmental conditions that may lawfully be imposed regarding servicing of the Windemere
Property.
1.1. Term of Agreement. It is the expectation of the parties that the permanent
Dougherty Valley Tunnel and Trunk Sewer facilities will be operational and will have replaced
the Temporary Facilities by the end ofthree (3) years. Consequently, the Term ofthis Agreement
is three (3) years from the date entered on the first page of this Agreement. However, due to
circumstances unforeseen at the date of this Agreement, the parties recognize that the Tunnel and
Doc#249148
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Page 18 of 28
Trunk Sewer may not be completed within the time line currently anticipated. As such, this
Agreement may be extended for an additional two (2) years, for a total term of five (5) years by
mutual agreement of the parties hereto.
1.2. Ownership of Temporary Facilities. Upon acceptance of the construction of the
Temporary Facilities, the District shall assume ownership thereof.
1.3. Operation of Temporary Facilities. The operatio~ maintenance, and repair of
the Temporary Facilities will be performed by District personnel and the District will be
reimbursed for all costs associated therewith as provided in Paragraph 3, below. These costs
are broken down into two classes of costs, one is termed Annual Costs and the other is termed
Additional Repair Costs. The term Annual Costs is defmed to include the costs for equipment,
materials, and salary of District employees, plus normal overhead associated with the salaries for
benefits and administrative costs, in so far as said costs are specifically allocated to work on the
Temporary Facilities. The Annual Costs will also include the Sewer Service Charge increment
for the Lawrence Road Pumping Stations. The term Additional Repair Costs is defined to
include the all costs associated with any unanticipated repair of the Temporary Facilities.
1.4. Requirement for Permanent Facilities. The provisions of this Agreement
contemplate use of the Temporary Facilities only for the term of the Agreement. No terms
herein shall be construed to provide any rights in Windemere or Shapell to convert the
contemplated temporary use into permanent use. Permanent replacement facilities will be
required under all circumstances.
2. Windemere to Design, Constrod, and AbandonlDisassemble Sewer Facilities.
2.1. Sewer Facilities Within Development. In exchange for the District's agreement
to provide temporary sewer service to the Dougherty Property for 540 RUE, Windemere agrees
to desig~ enter into an Owner's Agreement, provide project security, construct, completely
install, and pay for fully operational Temporary Facilities.
2.2. Windemere to Provide Any Appropriate Easements or Property Rights. To
the extent any of the Temporary Facilities are not in a public right-of-way, Windemere shall
provide the District with all appropriate easements, rights of entry, or property rights.
2.3. Windemere to Provide Temporary Facilities. The Temporary Facilities shall
be constructed in the locations as set forth in the approved plans for Temporary Facilities.
Windemere further agrees that the design, construction, and complete installation of the
000#249148
Page 3 of 10
Page 19 of 28
Temporary Facilities shall be at no cost to the District.
2.4. Transition to Gravity Flow Service. Windemere agrees that in the future, when
the gravity flow sewer service for Dougherty Property is constructed, Windemere will construct
all such sewers as will be necessary to fully convert Windemere Property sewer service from use
of the Temporary Facilities to a gravity flow system through the Tunnel and Trunk Sewer.
Windemere shall use its best efforts to commence conversion of the properties served by the
Temporary Facilities within the Windemere Property to gravity flow within six (6) months ofthe
completion of the Tunnel and Trunk Sewer. Said deadline for commencement of construction
may be extended as needed at the discretion of the District. The conversion of the properties
served by the Temporary Facilities to gravity flow shall be at no cost to the District.
2.5. Disassembly/Abandonment of Temporary Facilities. The parties agree that
Windemere shall plan, undertake, accomplish, and pay for the complete disassembly and/or
abandonment of any or all portions of the Temporary Facilities that are no longer necessary to
service the Dougherty Property. The disassembly and/or abandonment of the Temporary
Facilities shall be done in a manner to fully protect the existing District facilities, to comply with
all applicable laws, and to eliminate all potential dangerous conditions associated with the
abandoned facilities. All abandoned temporary gravity sewers and force mains shall be filled
with grout at abandonment, unless an alternate methodology for abandonment is approved by the
District. Windemere shall use its best efforts to complete the disassembly and/or abandonment of
the Temporary Facilities within one (1) year of completion of the Tunnel and Trunk system. Said
deadline for completion of the disassembly and/or abandonment may be extended as needed at
the discretion of the District. The planning for and complete disassembly and/or abandonment of
such Temporary Facilities shall be at no cost to the District.
3. Obligation for Payment of Operation, Maintenance, and Repair Costs. Attached
hereto as Exhibit B is a schedule for the Estimated Costs of Operation, Maintenance, and Repair
of the Temporary Facilities ("Annual Costs"). Acknowledging the fact that it cannot be predicted
when the Temporary Facilities will be replaced, disassembled, and/or abandoned, the parties
agree that the cost of operation, repair, and maintenance for said Temporary Facilities shall be as
follows:
3.1. Payment of Annual Costs. The District shall bill Windemere in advance for
each year's Annual Cost, which annual lump sum amount shall be due within thirty (30) days of
Doc#249148
Page 4 of 10
Page 20 of 28
such billing. At the end of each year of operation of the Temporary Facilities, the District shall
calculate the difference, if any, between the estimated Annual Costs paid to the District in
advance and the actual Annual Costs. The last such calculation under this paragraph shall take
into account the time period from the end of the previous period through to the time when
disassemblyand/or abandonment is completed. Following each such calculation, Windemere,
within thirty (30) days of receipt of an invoice therefor from the District, shall pay the District, or
receive a credit or refund, as set forth in Paragraph 4. The provision for or payment of
additional fees pursuant to this paragraph shall not affect Windemere's obligation to pay other
normally required connection fees (including all other fees set forth in Paragraph 5) as
subsequent RUE within the Windemere Property are connected to the Temporary Facilities.
3.2. Payment for Additional Repair Costs. In the event that an unexpected event
requires repair costs in excess of the anticipated repair costs denoted in Exhibit B, Windemere
shall pay such Additional Repair Costs within thirty (30) days of billing by the District.
3.3. Termination of Payment Obligations. Following the construction and
commencement of operation of the Tunnel and Trunk Sewer, disassembly and/or abandonment
of the Temporary Facilities, and payment of all fees and costs that are the responsibility of
Windemere pursuant to this Agreement, Windemere's obligation to pay Annual Costs shall
cease.
4. Credit or Refund if Overpayment of Actual Annual Costs. Collection of Annual
Costs will be based upon estimated costs. It is the intent that Windemere shall pay only the actual
Annual Costs incurred by the District.
4.1. Review of Actual Costs and Refund of Overpayment to Windemere. The
District shall annually calculate the difference, if any, between the estimated Annual Costs paid
to the District and actual Annual Costs incurred. In the event any such calculation shows that
Windemere's payment to the District exceeded the actual Annual Costs, the District shall refund
to Windemere the excess payment. Windemere shall have the right to review the District's
records supporting the calculations of the actual Annual Costs incurred. Appropriate supporting
documentation must justify all actual Annual Costs charged to Windemere.
5. Other Fees. Windemere agrees to pay any capacity reimbursement or other capacity fee
surcharges as may be set by the District for new construction within the Windemere Property.
The reimbursement fees referred to herein will reimburse the Town of Danville's Lawrence
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Road Benefit District for construction of the Lawrence Road Pumping Stations and Forcemains.
For purposes of this Agreement, a capacity fee surcharge shall mean a fee imposed to
compensate the District for the costs associated with advancing or accelerating the construction
of improvements to the Larwin Pump Station and construction of a new forcemain, as is
provided for in the settlement agreement in the litigation known as Central Contra Costa Sanitary
District vs. City of San Ramon. Contra Costa County Superior Court Case No. COO-02560. In
addition, Windemere agrees to pay all plan review fees, annexation fees, inspection fees, and
other fees and charges applicable to developments as required by the District pursuant to
lawfully adopted resolutions and/or ordinances.
6. Temporary Service to Sbapell Property.
6.1. Temporary Service to Sbapell Property. All costs for the design and
construction of the Temporary Facilities are to be borne by Windemere. The Temporary
Facilities will become the District's public facilities upon completion and acceptance thereof.
Accordingly, the District may provide temporary service through those facilities and may be
provided to users on non- Windemere properties, including the Shapell Property.
6.2. Conditions for Service to Sbapell Property. Prior to providing service to users
within the Shapell Property, the District will require that Shapell or the users enter into a
temporary service agreement with terms similar to those found herein concerning temporary use
and transition to gravity service.
6.3. Apportionment of Temporary Capacity. The apportionment of temporary
capacity between Shapell and Windemere shall be on the basis of a separate agreement between
Shapell and Windemere, or in the absence of such agreement, in the discretion of the District
based on District practices for approval of service connections.
6.4. Reimbursement Fee Account. It is agreed by Windemere that no reimbursement
fees shall be collected from connectors within the Shapell Property for the design and
construction costs of the Temporary Facilities.
7. Indemnity. In the event of any challenge to this Agreement by a third party, or any
lawsuit brought against the District based on the actions taken by the District under this
Agreement, or otherwise related to the carrying out of this Agreement, including, but not limited
to, the design and/or operation of the Temporary Facilities. Windemere agrees to defend the
District in any such proceeding and to indemnify and hold the District harmless of any cost or
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expense, including damages to third parties, if any, incurred by the District arising out of such
challenge and/or lawsuit, (save and except for any portion ofthe costs or damages directly due to
the active negligence of the District). Without limiting the generality of the foregoing,
Windemere's obligation to indemnify and hold the District harmless shall extend to
indemnification for any violation of the California Environmental Quality Act, or any other
procedural or administrative rules, statutes, or regulations applicable to the District, that arises
out of or relates to the District's entering into or performing the terms ofthis Agreement.
8. Disclaimer of the District. The District shall not be held subject to any damages that
may resuh to Windemere which damages arise from the District's failure to provide service
pursuant to this Agreement, provided such failure to provide service results from compliance
with a court order, judgment, or administrative order that effectively prevents the provision of
such service.
9. Binding. All proVISIOns of this Agreement shall be binding on the subsidiaries,
subdivisions, successors, and assigns of each of the parties hereto.
10. Notices. All notices or other communications specifically required or permitted to be
given under this Agreement shall be in writing and personally delivered or sent by certified mail,
return receipt requested and postage prepaid, or sent by reputable overnight courier (such as
Federal Express), or by facsimile with copies sent by overnight courier or U.S. Postal Service the
following day, to all of the addresses or facsimiles set forth below. Any entity listed below may
at any time change its address or facsimile number for the delivery of notice upon five (5) days'
written notice to the other entities.
CENTRAL CONTRA COSTA SANITARY DISTRICT:
Charles Batts
General Manager
5019 Imhoff Place
Martinez, California 94553
Telephone: (925) 228-9500
Facsimile: (925) 676-7211
With a copy to:
Kenton L. AIm, Esq.
Sellar, Hazard, McNelly, AIm & Manning
1111 Civic Drive, Suite 300
Walnut Creek, California 94596
Telephone: (925) 938-1430
Facsimile: (925) 256-7508
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WINDEMERE BLC LAND COMPANY, LLC
Pete Peterson
3130 Crow Canyon Place, Suite 310
San Ramon, California 94583
Telephone: (925) 242-0811
Facsimile: (925) 242-0822
With copies to:
John B. Bertero, Esq.
Centex Homes
West Coast Region
1855 Gateway Blvd, Suite 550
Concord, California 94520
R. Clark Morrison, Esq.
Morrison & Foerster, LLP
101 Ygnacio Valley Road, Suite 450
Walnut Creek, California 94596
Telephone: (925) 295-3317
Facsimile: (925) 946-9912
11. Severability. It is agreed that if any term, covenant, provision, paragraph, or condition
of this Agreement shall be deemed or becomes invalid, void, illegal, or unenforceable for any
reason, then the remainder of this Agreement shall remain in full force and effect and shall not be
affected, impaired, or invalidated by such determination; the Agreement shall be construed as if
not containing the invalid, void, illegal, or unenforceable part and the rights and obligations of
the parties shall be construed and enforced accordingly.
12. Waiver. The waiver by either party of any breach of any term, covenant, or condition of
this Agreement shall not be deemed a waiver of such term, covenant, or condition. Furthermore,
any such waiver shall not be deemed a waiver of any subsequent breach of the same or of any
other term, covenant, or condition of this Agreement.
13. Entire Understanding. This Agreement represents the entire understanding of the
parties hereto with respect to the subject matter hereof with respect to the construction and use of
the Temporary Facilities. This Agreement may be amended, in whole or in part, only by further
written agreement executed by each ofthe parties hereto.
14. Drafting of Agreement. It is agreed that each party has had the opportunity for
substantial input into the drafting of this Agreement and, that, in the event of a dispute arising
hereunder, the terms ofthis Agreement shall not be construed against either party.
15. California Law. The interpretation and performance of this agreement shall be governed
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by the laws of the State of California.
16. Captions. The captions inserted herein are inserted only as a matter of convenience and
for reference only and in no way defme, limit, or describe the scope of this Agreement or the
intent of any of the provisions hereof.
17. Execution in Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be an original and all of which together shall be
deemed to be one and the same instrument. Furthermore, this Agreement may be executed and
delivered by the exchange of electronic facsimile copies or counterparts ofthe signed documents,
which facsimile copies or counterparts shall be binding upon the parties; provided, however, that
any electronic facsimile counterpart shall be followed by delivery to counsel for the District of
an original signed counterpart.
18. Warranty of Authority. Any person executing this Agreement in a representative
capacity expressly represents and warrants that s/he has the authority to execute this Agreement
on behalf of his/her principal and that upon execution, the principal shall be bound by each and
every term hereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
frrst written above.
CENTRAL CONTRA COSTA SANITARY DISTRICT
Charles W. Batts
District General Manager
Joyce Murphy
Secretary of the District
Approved as to Form:
Kenton L. AIm
District Counsel
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~_.._--"---------_._-----
WINDEMERE BLC LAND COMPANY LLC
a California limited liability company
By: LEN-OBS Windemere, LLC,
A Delaware limited liability company
Managing Member
By:
Name:
Its:
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DOUGHERTY VALLEY
TEMPORARY SEWER SYSTEM
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Page 27 of 28
EXHIBIT B
Operation, Maintenance and Repair of
Temporary Dougherty Valley Sewer Facilities
Estimate of Annual Costs
Cost Component Year 1 Year 2 Year 3 Year 4 Year 5
Labor $25,480 $26,499 $27,559 $28,662 $29,808
Electrical Power 2,903 6,039 6,281 6,532 6,793
Other Utilities 1,872 1,947 2,025 2,106 2,190
Chemicals 5,322 11,072 11,514 11,975 12,454
Repair & Maintenance 966 2,007 2,088 2,172 2,258
Miscellaneous 3,894 4,049 4,211 4,380 4,555
SSC for Lawrence Rd. PS 12,960 28,890 30,046 31,247 32,497
TOTAL:
$53,397 $80,504 $83,724 $87,073 $90,556
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"-~._~--------"---