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HomeMy WebLinkAboutAGENDA BACKUP 08-06-98 ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS Page 1 of 2 August 6, 1998 NO. 3. CONSENT CALENDAR a. BOARD MEETING OF DATE TYPE OF ACTION July 27, 1998 APPROVE QUITCLAIM OF SEWER EASEMENT SUBJECT QUITCLAIM SEWER EASEMENT TO GENE F. GOULD AND MARY D. GOULD, ORINDA AREA, JOB NO. 1571 DENNIS HALL, ASSOCIATE ENGINEER INITIATING DEPT /DIV Engineer/Environmental Services SUBMITTED BY ISSUE: Mr. and Mrs. Gene Gould, the owners of #11 Meadow Court, Orinda, have requested the District to quitclaim the subject easement. BACKGROUND: The subject easement was dedicated to Central Contra Costa Sanitary District in 1945 when the map of Moraga Meadows was filed. The easement is located along the western line of lot 34 of Moraga Meadows. This easement was created to serve the Gould's property and other lots in Moraga Meadows. These properties are now all served by public sewers in other locations. Lot 34 and another parcel of land owned by the Goulds has been combined and re-subdivided into two new parcels. The subject easement is no longer needed and may interfere with development of their property, therefore it should be quitclaimed. The District's processing fee has been paid. Staff concluded that this project (the proposed quitclaim) is exempt from the California Environmental Quality Act (CEOA) under District CEOA Guidelines Section 18.6, since it involves a minor alteration in land use limitations. Board of Directors' approval of this quitclaim will constitute an independent finding that this project is exempt from CEOA. RECOMMENDATION: Approve Quitclaim Deed to Gene F. Gould and Mary D. Gould, Trustees, Job No. 1 571; authorize the President of the District Board of Directors and the Secretary of the District to execute said Quitclaim Deed; and authorize the Quitclaim Deed to be recorded. tJ~ {II11 INITIATING DEPARTMENT/DIVISION DH JSM U:\PPr\Kast\Gould.1571.pp.wpd 4/8/98 44 MORAGA MEADOWS 28 MAPS 3 35 4,~4 bO~ C OU~~ 33. QUITCLAIM SEWER EASEMENT JOB 1571 ORINDA AREA ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS Page 1 of 2 BOARD MEETING OF August 6, 1998 NO. 3. CONSENT CALENDAR b DATE July 30, 1998 TYPE OF ACTION AUTHORIZE EASEMENT AGREEMENT AND APPROVE QUITCLAIM OF EASEMENT SUBJECT AUTHORIZE EXECUTION OF A GRANT OF EASEMENT FROM EAST BAY REGIONAL PARK DISTRICT ACROSS MARTINEZ REGIONAL SHORELINE, MARTINEZ EASTSIDE TRUNK SEWER IMPROVEMENTS DISTRICT PROJECT NO. 4950; QUITCLAIM SEWER EASEMENT TO EAST BAY REGIONAL PARK DISTRICT, DISTRICT PROJECT NO. 2856 SUBMITTED BY Curtis W. Swanson INITIATING DEPrIDIV Engineering/Environmental Services ISSUE: Board of Directors' approval is required for execution and recording of grants of easements and quitclaiming existing easements. BACKGROUND: Approximately 19,000 feet of deteriorated trunk and main sewers will be replaced as part of the Martinez Eastside Trunk Sewer Improvements Project. Construction of this $7,500,000 project will take place from August 1998 through October 1999. Construction of a portion of the new 24-inch trunk sewer serving the eastern downtown Martinez area will be constructed across Martinez Regional Shoreline. The East Bay Regional Park District has granted an easement for this new trunk sewer (see attached map). The District has an easement granted in 1978 by the Park District for an existing 12-inch trunk sewer. The 12-inch trunk sewer will be abandoned after construction of the new 24-inch sewer. Staff is requesting Board acceptance of the new easement and approval of a quitclaim deed now to avoid placing a separate item for the quitclaim on a future Board Agenda. This existing easement will be quitclaimed at the completion of the project. On April 16, 1998, The Board of Directors determined that the Martinez Eastside Trunk Sewer Improvements Project is exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines Section 18.2, since it involves minor alterations of existing facilities with negligible or no expansion of capacity. RECOMMENDATION: Adopt a resolution to accept and authorize the President of the Board of Directors to execute the Grant of Easement from East Bay Regional Park District and staff to record the Grant of Easement. Approve Quitclaim Deed to East Bay Regional Park District, Job No. 2856; authorize the President of the District Board of Directors and the Secretary of the District to execute said Quitclaim Deed; and authorize the Quitclaim Deed to be recorded upon completion of the 24-inch trunk sewer. INITIATING DEPARTME GENERAl MANAGER/CHIEF ENGINEER U:\PPr\Kast\EBRPD Prj. No. 4950.wpd 4/8/98 \ S75013'16"W \185.21' CTID].. ~..@ \ ..._____...-----.. (575011'53"W 184.99') _.._.._._~ ~ 0'\00 EBRPD r ~~~ A.P.N. ~ ~ (0 373-030-005 _--- ~S\~ 1 ---- .:.\~ ---- ~ --- I 'y _------- SfMfNT ------L_ '\.-.___ _---- cccSD foA R. 320 _------ \ --- 5728' -- ~~~iAri.%~~\~;~~_ _------------~--- \ \\'\1~\ ~ \,\ \{t,\ - \\%~~ \ ' \ 'Z'\\ \ \ \*\ EXISTING~' \ \i,~ 10' SANITARY SEWER \\\ "',";\ 8909 O.R. 4 \\ \ "f\ ' <TO BE QUITCLAIMED) \\\ '\~~y'~ \\\ A";Y \,\ A,\ ALHAMBRA \\\ \\\ INDUSTRIAL \~\ \~~ PARTNERS 0,\ \\':\ A.P.N. 373-030-016 \\\~ ~,~ .e.' ~, .----- \..\ '"' '.....-\ \ \ \\.\ \0 \ ' \ \\( \\\ \~\\ \, \ \\ \\ \\ \\\ \;;~ \ ,\ \i\ \\\ '\ 0\ \\,\ ~\ \ \ \ ;\\ ------- \\\ ~\-JOEDIMAGGIO DR, \ \\ HI +1 S6052'27"E I~ 83.75' I'il It I 11'1 (EMBARCADERO) -z. R=11,404.52' 16 I": 102 I~ I : I~ I~ ,- c: '" .., ...; ~ "0 o on 0> .... -" .&; " .8 "0 -" o on 0> .... -;;; >. '" "0 " ~ Central Contra Costa Sanitary District VICINITY MAP co ,.., 52 o o o N =~ 0...., . ' E';Q 542005'14"E 387.57' EBRPD A.P.N. 373-030-007 @ FOUND CONCRETE MONUMENT ( )= RECORD DATA o I ~ N 1 160 I PAGE 2 OF 2 u. P. R. R. (SOUTHERN PACIFIC TRANSPORTATION CO.) 80 FEET EASEMENT ACROSS MARTINEZ SHORELINE PARK MARTINEZ EASTSIOE TRUNK SEWER OP 4950 ATTACHMENT A ~- Central Contra Costa Sanitary District BOARD OF DIRECTORS Page 1 of 2 BOARD MEETING OF August 6, 1998 NO. 3. CONSENT CALENDAR c. July 24, 1998 TYPE OF ACTION APPROVE QUITCLAIM DATE SUBJECT QUITCLAIM A PORTION OF SEWER EASEMENT LOCATED WITHIN TWO LOTS OF SUBDIVISION 7477 TO THE PRESENT PROPERTY OWNERS, JOB 5072, PARCEL 1, DANVILLE AREA SUBMITTED BY Dennis Hall, Associate Engineer INITIATING DEPT/DIV Engineering Department/Environmental Services ISSUE: Country Club Estates, LLC, the developer of Subdivision 7477, has requested that the District quitclaim a portion of the sewer easement which was dedicated on the map of said Subdivision 7477. BACKGROUND: A public sewer easement was dedicated at no cost to this District on August 14, 1996, with the filing of the map of Subdivision 7477. This easement included a "turn-around" area within Lots 2 and 3 of said Subdivision. This "turn-around" area is the portion of the easement which is the subject of the quitclaim request. A new "turn-around" area has been created within Lot 4 of said Subdivision 7477, which is intended to replace the original turn-around area. There are no public sewers within the subject easement areas in Lots 2 and 3. These easement areas are no longer needed and may now be quitclaimed. Lot 2 is owned by Sandra P. Sinn and Lot 3 is owned by.Country Club Estates, LLC. The District's quitclaim processing fee has been paid. Staff has concluded that this project (the proposed quitclaim) is exempt from the California Environmental Quality Act (CEQA) under District CEOA Guideline Section 18.6 since it involves a minor alteration in land-use limitations. Board of Directors' approval of this quitclaim will constitute an independent finding that this project is exempt from CEOA. RECOMMENDATION: Approve Quitclaim Deeds to Country Club Estates, LLC and Sandra P. Sinn, Job 5072; authorize the President of the District Board of Directors and the Secretary of the District to execute said Quitclaim Deeds; and authorize the Quitclaim Deeds to be recorded. jO// GENERAL MANAGER/CHIEF ENGINEER INITIATING DEPARTMENTIDIVISION DH U :\PPr\Kast\Quitclaim 7477-5072 .dh. wpd 4/8/98 OS!WHN 17604 Q.R 60 ~ I ;----r- II :: 6 let ,(I f;---- --':-~--T "~___L~~~~~'~~ " .;/ , -- _./' :: _-LitlE <--~---~ ~.~ -SE,a~v.. ,,--~--"""-'eUiLOltlG 4 o '" o a: .. ~ IE ~ 5 -,,-t.> ) --_.- - ...,.;. ------ . . - ------- --- - - o 4: o a: . 'J.f t I ~ . i 1- JEANNIE COURT \ ! ~:~~;!: t.'ff:I/tO~ '. '~________L__. __~~~':.~__I,~} REPLACEMENT TURN -AROUND AREA /' (PRIVATE ROAD .. HOT TOWN MAHTA...eO) t~t- -'------_&.~ -l -l I I l' _~ { f II [I II : I' 'I i \ \' 2 foOI-E)QJJS/IIE CASOI€Nr ,'':ii- f- QUITCLAIM 3 TURN-fROUND 1 AREAS DIABLO ROAD ""'""'----- , """"-'-- .. , ,./ - -\ ---- \ \ \ \ \ \ \ QUITCLAIM SEWER EASEMENT JOB 5072 PARCEL 1 DANVllLE AREA 4& "'antral Contra Costa Sanitar y District BOARD OF DIRECTORS :::rl":':::::':::..:I:':'.I':'::.:I~I'~~:'~'I:':':::::'::;"I'::ij'I":'::::::::;6:::::::::::: BOARD Mm1NG OF ~~r::::~rf.1B::::~~~~I~~~~::::;.~!I~~I~::::~~~~tm!j~::::;~;~;~;~;.r~f~~ August 6, 1998 Page 1 of 2 NO, 3. CONSENT CALENDAR d. DATE TYPE OF ACTION July 29, 1998 AUTHORIZE PUBLIC NOTICE SUBJ ECT AUTHORIZE A PUBLIC NOTICE TO INDICATE AVAILABILITY OF DOCUMENTATION IN SUPPORT OF THE DISTRICT'S APPROPRIATIONS LIMIT SUBMITTED BY Debbie Ratcliff, Controller INITIATING DEPTIDIV Administrative/Finance & Accounting ISSUE: The Central Contra Costa Sanitary District is required to establish its appropriations limit in accordance with Article XIII B of the California Constitution. BACKGROUND: Proposition 4 was approved on November 6, 1979, and was incorporated in the California Constitution as Article XIII B. As amended, Article XIII B imposes a limit on the rate of growth in governmental spending. It limits appropriations of state and local governments to the appropriations of the 1978-1979 base year adjusted in each subsequent year for changes in the California per capita personal income from the preceding year or the percentage change in the local assessment roll from the preceding year due to the addition of local nonresidential new construction. Article XIII B requires government agencies to establish their appropriations limit by resolution each year at a regularly scheduled meeting. Notice to the public of the availability of documentation in support of the appropriations limit must be given fifteen days prior to adoption. The appropriations limit is open to challenge within 45 days of the effective date of the resolution. Methodology The appropriations limit is increased annually by a factor comprised of the change in population combined with either the change in California per capita personal income or the change in the local assessment roll due to local nonresidential construction. The Board is to select between the per capita personal income or the change in the local assessment roll due to local nonresidential construction by a recorded vote. The change in the local assessment roll for the 1 998-1 999 fiscal year has been reported by the County Assessor to be 9.3 percent. The California per capita personal income percentage change is 4.15. The change in the local assessment roll is being used in the calculation of the 1998-1999 appropriations limit. Last fiscal year's appropriations limit was calculated to be $31,724,762. The appropriations limit for 1998-1999 is calculated to be $35,233,435. REVEVIED AND RECOMIItENDED FOR BOARD AC110N DR GENERAl MANAGER/CHIEF ENGINEER INITIATING DEPARTMENTIDIVlSlON PM S :\ADMIN\POS P APER\PR OP4. PP 9/16/96 DATE July 29, 1998 Page 2 of 2 SUBJ ECT AUTHORIZE A PUBLIC NOTICE TO INDICATE AVAILABILITY OF DOCUMENTATION IN SUPPORT OF THE DISTRICT'S APPROPRIATIONS LIMIT RECOMMENDATION: Authorize a public notice advising that documentation used in the determination of the appropriations limit shall be available fifteen days prior to the Board Meeting to be held on September 3, 1998, at which the appropriations limit for the Sewer Construction Fund for the fiscal year 1998-1999 will be established. ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS Page 1 of 2 BOARD MEETING OF NO. August 6, 1998 3. CONSENT CALENDAR e August 3, 1998 TYPE OF ACTION Adopt a Resolution DATE SUBJECT ADOPT A RESOLUTION DIRECTING THAT THE 1998-99 YEARLY INSTALLMENTS OF ASSESSMENTS FOR CONTRACTUAL ASSESSMENT DISTRICTS BE COLLECTED ON THE COUNTY TAX ROLL SUBMITTED BY Jay S. McCoy INITIATING DEPT/DIV Engineering/Environmental Services ISSUE: Authorization in the form of a resolution by the Board of Directors is needed to place assessments on the County tax roll. BACKGROUND: The owners of twelve properties on Gary Way and four properties on Leona Court 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 owner's tax bills. A resolution by the Board is needed to place their assessments on the appropriate tax bills. RECOMMENDATION: Adopt a resolution directing that the 1998-99 yearly installments of assessments for contractual assessment districts be collected on the County tax roll. INITIATINGh7~ JSM U:\PPr\Kast\CAD.County Tax RolI.PP.wpd 4/8/98 RESOLUTION NO. A RESOLUTION DIRECTING THAT THE 1998-99 YEARLY INSTALLMENT OF ASSESSMENTS FOR CONTRACTUAL ASSESSMENTS 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. 97-1 and No. 97-2; 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 1998-99 fiscal year on the County tax roll; NOW, therefore, be it resolved by the Board of Directors of the CCCSD that the 1998-99 Assessments for Contractual Assessment Districts No. 97-1 and No. 97-2 are to be collected on the County Contra Costa Tax Roll. Passed and adopted this 6th day of August 1998 by the District Board of the CCCSD by the following vote: AYES: NOES: ABSENT: 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 U:\PPr\Kast\CAD.County Tax Roll.PP.wpd 4/8/98 ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS Page 1 of 4 August 6, 1998 NO. 4. HEARINGS a. BOARD MEETING OF DATE TYPE OF ACTION July 29, 1998 CONDUCT PUBLIC HEARING ADOPT RESOLUTION SUBJECT CONDUCT A PUBLIC HEARING TO CONSIDER PLACING DELINQUENT CONNECTION FEES ON THE PROPERTY TAX ROLL FOR APN 273-063-018-9, 55 LONGRIDGE ROAD IN ORINDA, CALIFORNIA; ADOPT RESOLUTION TO PLACE DELINQUENT FEES ON THE 1998-1999 TAX ROLL SUBMITTED BY Dennis Hall, Associate Engineer INITIATING DEPTIDIV Engineering/Environmental Services ISSUE: The record parcel owner of 55 Longridge Road, Mr. Michael Gonce, has not paid connection fees. Nonpayment of connection fees is a violation of Title 6 of the District Code. In order to place the delinquent fees on the property tax roll for the subject property, a public hearing must be held. BACKGROUND: On May 15, 1995, the District reviewed and stamped Mr. Gonce's building plans (new single-family home) prior to his submittal of the plans to the Contra Costa County Building Department for a residential building permit. As part of the District process, an application for sewer service was completed; and the applicant was informed that prior to making a connection to the District's system, the applicant must return to the District to pay appropriate fees. In addition, the stamp placed on the building plans clearly noted that "the proposed structure may not be connected to the public main until applicable connection fees are paid to CCCSD." Mr. Gonce received his building permit from Contra Costa County on June 4, 1995, and the County's final building inspection on May 24, 1996. In January, 1998, the District's Permit Section produced a computer listing that indicated that the Gonce application was still outstanding, indicating fees had not been paid. A field review of the property concluded that the property had been connected. Therefore, the connection was made in violation of the District Code, Section 5.04.020, Failure to Obtain Permit, and Section 6.12.030 E, Time for Payment and Penalties for Delinquent Payment. Mr. Gonce was notified of the illegal connection by certified letter on February 27, 1998. Mr. Gonce did not respond. Mr. Gonce was eventually contacted by telephone, and he indicated that he was unaware that he had done "anything wrong." He indicated that he would not pay the outstanding fees "until the matter was heard by the Board of Directors." At the May 7, 1998 Board Meeting, the Board conducted a hearing and authorized staff to file suit in Small Claims Court against Mr. Gonce to recover the past-due fees. Mr. Gonce was notified of this hearing but did not appear. This action was originally recommended by staff because the property was DH OMMENDED FOR BOARD A INITIATING DEPARTMENTIDIVISION ~< jilt CWS JSM U :\PPr\Kast\GO NCEHRG2. DH. wpd DATE July 29, 1998 Page 2 of 4 SUBJECT CONDUCT A PUBLIC HEARING TO CONSIDER PLACING DELINQUENT CONNECTION FEES ON THE PROPERTY TAX ROLL FOR APN 273-063-018-9 55, LONGRIDGE ROAD IN ORINDA, CALIFORNIA; ADOPT RESOLUTION TO PLACE DELINQUENT FEES ON THE 1998-1999 TAX ROLL for sale. If the property had been transferred to a bonafide purchaser prior to the date a delinquency could be established and entered against the tax roll, the lien would not be attached to the parcel but would be transferred to the unsecured roll for collection, essentially a lien against Michael E. Gonce only. Thereafter, the property was taken off the market; therefore, the immediacy of the action in Small Claims Court was no longer necessary. In order to place the delinquent connection fees on the tax roll for the property, the Board must hold a public hearing. After receiving and considering all testimony, the Board shall then adopt, revise, change, reduce, or modify the delinquent fees or may overrule and make a determination which shall be final. The resolution adopted shall certify the final approved amount of delinquent fees, with penalties and interest to the County Auditor for inclusion in the 1998-1999 tax bill. The current delinquent fees total $3,706.93, which is comprised of the original connection fee charge of $3,248.33, a 10 percent penalty of $317.00, and interest charges of $141.60. RECOMMENDATION: Adopt resolution to place delinquent connection fees in the amount of $3,706.93 on the County tax roll for APN 273-063-018-9, 55 Longridge Road, Orinda, property owned by Michael E. Gonce. U :\PPr\Kast\GO NCEHRG2.DH. wpd Page 3 of 4 RESOLUTION NO. 98- RESOLUTION TO PLACE DELINQUENT CONNECTION FEES ON THE COUNTY TAX ROLL FOR PROPERTY OWNED BY MICHAEL GONCE WHEREAS, Michael Gonce owns real property within Central Contra Costa Sanitary District (District) known as Assessor's Parcel Number 273-063-018-9 located at 55 Longridge Road in Orinda; and WHEREAS, Michael Gonce has caused a home on said real property to be connected to the District's public sewer system without payment of a connection fee in violation of the District Code Sections 6.04.030, 6.08.040, 6.12.030, and 6.24.100; and WHEREAS, the District has notified Michael Gonce of the violation of the District Code and of fees that are to be paid to the District pursuant to District Code Section 1.08.010; and WHEREAS, Michael Gonce has not paid the fees which are due within the time provided by said notice; and WHEREAS, the payment of the fees is now past due and delinquent; and WHEREAS, the Health and Safety Code Section 5473a permits the District to collect delinquent fees and charges on the tax roll; and WHEREAS, a public hearing was held, and all testimony was received and considered prior to rendering a decision; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District as follows: That the District certifies the amount of the delinquent fees to be paid in the amount of $3,706.93 which includes penalty and interest, and that this amount be collected by entry against the tax assessment roll for Assessor's Parcel Number 273-063-018-9 for the tax year 1998-1999. U :\PPr\Kast\GO NCEHRG2.DH. wpd .' ___________.____.__..._.._._,..._...~_._._'___...._ ~,_.._.._____...___________._.,.'..~_M..~..._____._.~...._____,~,..,..__"_,_.____.____._.._~._._"._ ...'_ _ _..~.,.._.._._.M.".._~.__"__..._____~_._.._,___ .---..~--,..~-----.- Page 4 of 4 PASSED AND ADOPTED this 6th day of August, 1998, by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: COUNTERSIGNED: Joyce E. Murphy Secretary, Central Contra Costa Sanitary District, County of Contra Costa State of California APPROVED AS TO FORM: U :\PPr\Kast\GONCEHRG2. DH. wpd James A. Nejedly President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California Kenton L. Aim District Counsel .~ -FROf1 ': SIGNATURE PHONE NO. 5107872029 Ru 9. 06 19'=B 03: 28PM P2 "" AUG.3~D 1998 RE; 55 Longridge Rei., Orinda, Ca. Central Contra Costa Sanitary Di.strict 5019 Imhoff Place Martinez, ~. 94553-4392 Attn. Dennis Hall . Mr. Hall, rm writing 1bis letter in response to your most recent notice of a hearing .to sc:ttle the ~ of the fees paid for d:1e COI\nection of my sew<< system in 1996- 1be al1et;<'d code VIolation as pecceived by you. makes ref~ to the n~yment as weD us the Jaclc. of appropriate inspections. As I have i~funned you on more than one occasion, I have my Final Inspection Stamps on my plans as well as my SIgn-off sheet. Yau haY(: dm::atened a snall claims actioo. a lieo action and now" a In lien to my taX bilL I understand the med1.aI\ic's lien period would apply so this type ofsituarlon . I was handed a list of approved plumbers by your department upon application for my sewer hook.-up. My uodelstanding wheo presented with the individual"s name was that he was a contractor who understood and adhered to county proccs$e$ b)' the book. I paid his'fees and bill ioB full. I then proceeded to ha,'e my inspoction completed.. got the plans signed off then covered over the lines. 0 Y OUT claims are unfOUllded. You have called my Reeltor' sevenii times with a demand chat she vczba1ly inform fuwre buyet'S of this aituatlon witOOut due process- That tat:tk: was unfuuuded. and even lazy. Your attanp1$ to interfU-c with the sale of my homo were out of line and po$Sible detrimental to nty success. Instead of~ng up your claims wi1h adion months ago, YQ\1 drive by WJr..l-ltly. call my Broker, senrl out catified letters and generany do evetytbing but procttJd with your threars. I thought 1hat you saw the tack of sense of YOUl" actions. when I had not heard from you for a couple of m001bs. 1 would gueSS that those prior threats were too dit'tiwlt to IICCOIDplisb so now you demand a h~ with your own department and givw: me six day& notice. I am DOt in a position to moeet with. you or the District~ s Board of Directors 011 August rfl' 1998. III closing I want 1(1 make it clear 00 my position. If you didn't get your fees two years ago tl1rou~ due pt'Q<<$$ yet $rnne how your department signed off on my inspection then the fault is yours alone. Your time period fur this type of collection was up two Ye<U"$~. I dislike being II1.8Lk a 9dlpCsoat for your _sy.stcm or your harassing behavior. 1 did my level host to GOOperate to the numerous depm1ments mazes necessary to get my home built and it was a nighbn8re. I do not beUeve you have a leg to stand OIL I will fight you and your c::oneoetcd code violations to the last avenue provided to m~ through my Property Owner's Rights. I will be rescheduling th~ hearing to a futur6 date that is reasonable for me to attend.. Y (lU have waited two years to perform this act. I doubt if a few more wedcs will undamine the process. MICHAEL E. GONCE cc:Ma:rk Cornelius, District Counsel MoHy Mullin, Pennit Section Roger Dolan _J EEt.JM :- S I GNATUP.E . rj /1. . PHCJt.E NO. : 5107872029 :.. _.' _. ,u c; . . l; 'f] /-. J r ,...... ,"'" .' on, Aug. 06 1998 03:27PM Pi i {I ! (f':.~l. it: ," il ~ ~ \ '" f), · t 1~-\d i ~ n i ~ ) ~~ l)"/-n'lJ" : -r ,- ,;--',,-':"" i l,jJ(JU JJi 0 Ut.;J!JjUUiJ' iJUUUUU r i TO: ~~ &"v-rUl- ~<<fr ~,779ItY 7:>/sT.. FROM:tt~~~~~~ft-~~- BECAUSE: ;rrftif: 3/~ /'Ie-reDLy ..- fllR.1e (jo,./l;..f ~7t2~Ck {!JAfL6A ffi /foe. (:::e-rr I1MIO 1-1 e.7Ve {'iN I :JeJ!-fbj Luc'l 'f uf#-5e S G' e fVU-oM# ~ Lk, ,. Tl<--u!- ~ ,etI;, s:> Lo,vt: 4iJ6-€ ~..) O/!..tN bA,," 4& Central Contra Costa Sanitary District BOARD OF DIRECTORS lilii'I:IIII.illl:!I~II:.:.:.llllllllil.i.il.li'I..I.'..iii! BOARD MEETING Page 1 of 9 NO. DATE July 30, 1998 4. HEARINGS b. TYPE OF ACTION CONDUCT HEARING, ADOPT ORDINANCE SUBJECT CONDUCT A PUBLIC HEARING TO RECEIVE COMMENTS ON AN ORDINANCE TO AMEND THE DISTRICT CODE ADDING CHAPTER 6.40 HAZARDOUS WASTE HANDLING AND DISPOSAL CHARGES FOR CONDITIONALLY EXEMPT SMALL QUANTITY GENERATORS SUBMITTED BY Jarred Miyamoto-Mills, Principal Engineer INITIATING DEPTtOlV Engineering/Environmental Services ISSUE: It is appropriate that the Board of Directors conduct a public hearing before considering the adoption of fees or charges for services. BACKGROUND: The Household Hazardous Waste Collection Facility (HHWCF) was designed for the collection and disposal of hazardous waste from both residential customers, and small businesses that qualify under state regulations as "Conditionally Exempt Small Quantity Generators (CESQGs)." The capital, operating and disposal costs of the HHWCF allocable to residential customers are paid for through annual Sewer Service Charges, and agreements with the Mountain View Sanitary District, and the cities of Concord, San Ramon and Clayton. The capital and operating costs allocable to the CESQG Program, but not the cost of CESQG waste disposal, are paid for through these same sources. Staff proposes that businesses using the HHWCF pay for the costs of hazardous waste disposal through the direct payment of charges for service. This approach recognizes that particular types of businesses produce an ongoing stream of hazardous waste as a byproduct of their business activities, while others produce relatively smaller quantities, or no hazardous waste at all. Staff has developed a proposed Ordinance (Attachment 1) to establish a schedule of charges for CESQGs. The proposed charges were determined based on actual unit costs currently paid by the District and input from Philip Services, the District's disposal contractor, regarding particular packaging and disposal/recycling methods used at the HHWCF. Similar charges are used by other hazardous waste handling and disposal facilities. A public hearing to receive comments regarding the proposed charges has been scheduled for the regular meeting of the Board on August 6, 1998. Appropriate notices have been posted, and published in the Contra Costa Times. RECOMMENDAll0N: Conduct a public hearing to receive comments on the proposed Ordinance to amend the District Code adding Chapter 6.40 Hazardous Waste Handling and Disposal Charges for Conditionally Exempt Small Quantity Generators. Adopt the Ordinance. JM2 1/ 1/1'/ GENERAl.. MANAGER/CHIEF ENGINEER INITIATING DEPARTMENTtOlVISlON JSM Attachment 1 ORDINANCE NO. AN ORDINANCE OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT TO AMEND THE DISTRICT CODE ADDING CHAPTER 6.40 HAZARDOUS WASTE HANDLING AND DISPOSAL CHARGES FOR CONDITIONALLY EXEMPT SMALL QUANTITY GENERATORS WHEREAS, the Central Contra Costa Sanitary District (District) operates a permanent Household Hazardous Waste Collection Facility (HHWCF) at 4797 Imhoff Place, Martinez, California; and WHEREAS, the HHWCF and its operating plan were designed to provide hazardous waste collection, handling, recycling and disposal services to both residential customers and small businesses that qualify under state regulations as "Conditionally Exempt Small Quantity Generators(s)," generally referred to as CESQGs; and WHEREAS, a program for collection, handling and disposal of hazardous wastes from CESQGs has been developed and implemented by HHWCF staff; and WHEREAS, it is appropriate for CESQGs as a category of customers to pay for their share of the costs for collection, handling and disposal of their hazardous wastes; and WHEREAS, CESQGs frequently produce an ongoing stream of hazardous waste as a byproduct of their business activities; and WHEREAS, only the capital and operating costs for the HHWCF allocable to the CESQGs are being recovered from the small business community through the District's Sewer Service Charge program; and Page 1 of 8 WHEREAS, the remainder of the costs associated with acceptance of CESQG hazardous wastes can be recovered through application of a schedule of charges which reflect the incremental costs for disposal of the CESQG wastes; and WHEREAS, a properly noticed public hearing to receive comments on the proposed schedule of charges was conducted by the Board of Directors at their regularly scheduled meeting on August 6, 1998; NOW, THEREFORE, the Board of Directors of the Central Contra Costa Sanitary District does ordain as follows: Section 1. The Central Contra Costa Sanitary District Code shall be amended to add Chapter 6.40 Hazardous Waste Handling and Disposal Charges for Conditionally Exempt Small Quantity Generators, as follows: 6.40.010 Findings. The District Board of Directors find that the Household Hazardous Waste Collection Facility (HHWCF) should provide for collection of waste from local small businesses that qualify under state regulations as "Conditionally Exempt Small Quantity Small Generators," which small businesses are commonly referred to as CESQGs. The Board further finds that it is appropriate that this category of HHWCF users should compensate the District for costs associated with the handling, transportation and disposal of CESQG hazardous wastes which are not provided for under the current District Sewer Service Charge Program, and the most equitable and least administratively complex system is to charge individual CESQG users the cost associated with the actual transportation and disposal of that waste. Page 2 of 8 6.40.020 Recovery of Costs. The District shall collect charges from each eligible business that participates in the HHWCF's CESQG Program to recover the actual incremental cost of properly transporting and disposing of the particular hazardous wastes collected from the participating business. 6.40.030 Method for Determining and Adopting Charges. A. The District Board of Directors shall adopt charges for handling and disposal of the various categories of CESQG hazardous wastes accepted at the HHWCF, from time to time, by ordinance upon a two- thirds vote, after having conducted a properly noticed public hearing, at which oral and written presentations could be made, as part of a regularly scheduled meeting. B. The handling and disposal charges will be determined based on the actual costs paid by the District for the particular packaging and disposal/recycling methods used at the HHWCF for each category of CESQG waste, and will be calculated by reference to the volume consumed in the packaging method used for the type of waste and by further reference to the cost of transportation and disposal for the category of waste so packaged. C. The HHWCF accepts a variety of wastes which are required to be packaged and disposed of by different methods. From time to time, those methods may change based on the marketplace, and on evolving regulation. Nothing in this Ordinance is intended to limit the variety of packaging and disposal methods employed by the HHWCF staff. The primary methods currently employed as described further below, are bulking, loose-packing and lab-packing. 1. BULKING - Wastes are emptied from the original container accepted by the HHWCF into larger transportation containers (55 gallon drums), or the HHWCF's storage tanks prior to being transported off-site. The unit (per gallon) charge for bulked Page 3 of 8 waste, to be applied to on the actual volume of waste accepted by the HHWCF, will be the actual unit cost paid by the District to transport and dispose of the waste at an authorized recycling or disposal facility. 2. LOOSE-PACKING - Wastes in the original container accepted by the HHWCF are placed into 55 gallon drums or 1 cubic yard tubskids without absorbenUcushioning material. Partially full original containers occupy the same amount of space as full containers in a drum or tubskid. Charges to be applied to each size of original container accepted by the HHWCF will be determined by dividing the unit transportation/disposal cost the District pays per drum or tubskid by the number of original containers of a particular size that can be placed in a drum or tubskid. 3. LAB-PACKING - Wastes in the original container accepted by the HHWCF are placed into 55 gallon drums together with absorbent/cushioning material. Partially full original containers occupy the same amount of space as full containers in a drum. Charges to be applied to each size of original container accepted by the HHWCF will be determined by dividing the unit transportation/disposal cost the District pays per drum by the number of original containers of a particular size that can be placed into a drum. D. A Schedule of Hazardous Waste Handling and Disposal Charges for Conditionally Exempt Small Quantity Generators is presented in Exhibit A to this Ordinance, and is incorporated in full herein by this reference. Section 2. All provisions of the District Code not specifically addressed in Section 1 above shall remain in force unchanged. Page 4 of 8 Section 3. This Ordinance shall be a general regulation of the District and shall be published once in the Contra Costa Times, a newspaper of general circulation within the District, and shall be effective on the eighth day following such publication. PASSED AND ADOPTED by the Board of Directors of the Central Contra Costa Sanitary District on the 6th day of August, 1998 by the following vote: AYES: NOES: ABSENT: Members: Members: Members: James A. 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CO w CO "0 J: rn 0 a. III Q) ... -.:: u Q) Il.. ... ... Il.. a.. c -:-: ::l ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS ::::::::::::::IIIIII:I'I:::::::IIIIIIJ,:::::::::::::::::::::::::::::::::: BOARD MEEllNG OF ;~~;;1;1tt::;ft::::;i;::::i:::;i;::::i::djj\/t)::::;:;::::t:)~~::::::~tt)th::~~t::::~::::~rt:::;:;~:mt~jttjr\1~rfj Page 1 of 1 NO. July 30, 1998 4. HEARINGS c. DATE TYPE OF ACTION CONTINUE PUBLIC HEARING SUBJECT CONllNUE PUBUC HEARING TO RECEIVE COMMENTS ON A PROPOSED ORDINANCE TO AMEND lHE DISTRICT CODE ADDING SECTION 6.20.300 SCHEDULE OF REIMBURSEMENT FEES, AND TO ESTABUSH REIMBURSEMENT FEES FOR PROPERTY TO BE SERVED BY THE DOUGHERTY VALLEY TUNNEL AND TRUNK SEWERS TO SEPTEMBER 3, 1998 SUBMITTED BY Jarred Miyamoto-Mills, Principal Engineer INITIATING DEPT ttllV Engineering/Environmental Services ISSUE: Additional time is needed to properly notify property owners who may be affected by the proposed reimbursement fees. BACKGROUND: The Dougherty Valley Tunnel and Trunk Sewers are "special facilities," as defined in the District Code. The Dougherty Valley developers will be the installers of these facilities. To fairly and equitably distribute the costs for these facilities, the Code provides for the installers to be reimbursed for the proportion of costs allocable to other properties which may also be served by the tunnel and trunk sewers. A public hearing to receive comments regarding the proposed reimbursement fees was scheduled for the regular meeting of the Board on August 6, 1998. Appropriate notices have been posted, and published in the Contra Costa Times. In addition, the District Code requires that individual letter notices be mailed to the owners of all affected properties. After the initial mailing of these notices, staff determined that nine parcels had been inadvertently omitted from the list of those to whom notice is required. Notices were subsequently mailed to the owners of these parcels, but not in time to comply with the mailed notice requirements of the Code. It is appropriate to continue the public hearing to the Board's regular meeting on September 3, 1998. All of the affected property owners have been notified of the revised schedule for the public hearing. RECOMMENDATION: Continue the public hearing to receive comments on the proposed Ordinance to amend the District Code adding Section 6.20.300 Schedule of Reimbursement Fees and to establish reimbursement fees for property to be served by Dougherty Valley Tunnel and Trunk Sewers to September 3, 1998. INITIATING DEPARTMENTttllVlSlON f/4 GENERAL MANAGER/CHIEF ENGINEER JM2 JSM ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS Page 1 of 5 BOARD MEETING OF NO. August 6, 1998 7. ENGINEERING a. July 29, 1998 TYPE OF ACTION ADOPT RESOLUTION DATE SUBJECT ADOPT A RESOLUTION OF INTENTION TO UNDERTAKE A DEMONSTRATION PROJECT DESIGNATING CHARLES HILL CIRCLE AS CONTRACTUAL ASSESSMENT DISTRICT NO. 98-2 FOR THE PURPOSE OF INSTALLING SEWER IMPROVEMENTS SUBMITTED BY Dennis Hall, Associate Engineer INITIATING DEPT/DIV Engineering Department/Environmental Services ISSUE: Adoption of a resolution is needed to initiate proceedings for a demonstration project known as the Charles Hill Circle Contractual Assessment District (C.A.D.) No. 98-2. BACKGROUND: A group of property owners whose parcels are located on Charles Hill Circle and Hartford Road in Orinda have contacted Central Contra Costa Sanitary District (CCCSD) staff to obtain information regarding connecting their homes to CCCSD's public sewer system. The formation of this C.A.D. was discussed at the Board meeting on July 2, 1998. Attachment 1 is a map showing the extension of a public sewer in Charles Hill Circle and Hartford Road. There are a total of 16 parcels that could be served by the proposed sewer extension. Ten owners who own 12 of the 16 properties are interested in connecting their homes and participating in the C.A.D. The other four owners do not wish public sanitary sewer service at this time, nor do they wish to participate in the project. The C.A.D.s to date have been demonstration projects. The criteria applicable to the formation of these C.A.D.s has been discussed as the previous C.A.D.s were formed. The current criteria are still considered to be draft. Once the criteria are formally adopted by the Board, the projects associated with C.A.D.s will cease to be demonstration in nature. The approach to the Charles Hill Circle demonstration project will be based on previous C.A.D.s. The C.A.D. process includes the formation of the district, execution of agreements between the participating owners and CCCSD, installation of the sewer extension by a contractor employed by the owners, provision of funds by CCCSD to finance the costs of the C.A.D., and future payments by the owners to reimburse CCCSD for the funds it provides. Each participating owner will be allowed to select between (1) paying the full amount of their share upon completion of the sewer project, or (2) CCCSD financing their share of the project. The financing would be in the form of CCCSD paying the full amount of the owner's share(s) of the public sewer cost initially, placing charges, including interest, on the owner's property tax bill for ten successive years, thereby, fully reimbursing CCCSD. The shares of the four nonparticipating owners will be borne by the participating owners. If and when the nonparticipating owners connect their homes to the proposed sewer extension, CCCSD would collect a reimbursement charge and apply these collected funds: (1) toward reducing the remaining assessments on the DH PI/ INITIATING DEPARTMENT/OIVISION v JSM U:\Plan Review\Hall\CHiIlCAD\AdoptRes.ppr.wpd ----..._---_.__._--,_........--~..._.._-_.._.__._._-----_._~---.--.-.. -..---..----.....-,,---....-.,..-.............. --"",_~,-,""-'-"-- . DATE July 29, 1998 Page 2 of 5 SUBJECT ADOPT A RESOLUTION OF INTENTION TO UNDERTAKE A DEMONSTRATION PROJECT DESIGNATING CHARLES HILL CIRCLE AS CONTRACTUAL ASSESSMENT DISTRICT NO. 98-2 FOR THE PURPOSE OF INSTALLING SEWER IMPROVEMENTS participating owners who are paying annual assessments on their tax bills and (2) toward refunds to the participating owners who have no outstanding debt obligation to CCCSD. The assessments on the participating owners will be subject to the provisions of Proposition 218, which require a vote prior to the public hearing and a public hearing to consider protests to assessments. The participating owners will be mailed ballots and will indicate their final position by voting on whether or not they agree to be assessed for the sewer improvements. The results of the voting will be announced at a future public hearing. The initial step toward creation of the Charles Hill Circle C.A.D. No. 98-2 is to adopt a resolution which will indicate CCCSD's intention to designate an area within which contractual assessments are appropriate; describe the proposed financing for the project; establish the boundaries of the C.A.D.; set the time, date, and place for a public hearing at which interested persons may inquire about or object to the proposed program; and direct staff to prepare a report. The report will include: . A map. . A draft agreement specifying the terms and conditions that would be agreed to between a participating property owner within the contractual assessment area and CCCSD. . A statement of CCCSD policies concerning contractual assessments, including the identification of types of facilities that may be financed through the use of contractual assessments; authorization for the General Manager-Chief Engineer to enter into contractual assessment agreements on behalf of CCCSD; maximum aggregate dollar amount of contractual assessments; and a plan for raising a capital amount required to pay for work performed pursuant to contractual assessments. The plan will include a statement of, or method for, determining the interest rate and time period during which the contracting property owners would pay any assessment. Adoption of the attached resolution is appropriate to begin the process to form Charles Hill Circle C.AD. No. 98- 2. Staff has concluded that this project is exempt from the California Environmental Quality Act (CECA) under CEOA Statute, Section 21080.21, since it involves construction of a pipeline less than a mile in length in a public right of way. Approval of this project will establish the Board of Directors' independent finding that this project is exempt from CEOA. RECOMMENDATION: Adopt a resolution of intention to undertake a demonstration project designating Charles Hill Circle as Contractual Assessment District No. 98-2 for the purpose of installing sewer improvements. U :\Plan Review\Hall\CHiIlCAD\AdoptRes.ppr. wpd M',,______,.____.____._.~._~O>"^..~._'"_'_~'__..______.-~-".----,-~-..-"',.---.._..,._----.. ._.__._,._-~.- Page 3 of 5 C. A D BOUNDAR COYNE COOK · V .~ 260-0'10-006 N COOK . , 250 500 COOK . V FEET 260-0'10-00'1 DIERKAS . JACOBS LEGEND e PROPERT I ES PARTICIPANTS (12 PARCELS) NON-PARTICIPANTS PROPOSED SEWER EXISTING SEWER C.A.D BOUNDARY 16 10 'I -..... .. v PARTICIPANTS VACANT PARCELS . Central Contra Costa Sanitary District c:: a. o G) en S!! '5~ . . ec:: PROPOSED BOUNDARY OF CHARLES HILL CIRCLE CONTRACTUAL ASSESSMENT DISTRICT CAD 98-2 ATTACHMENT 1 Page 4 of 5 RESOLUTION NO. 98-_ RESOLUTION OF INTENTION TO UNDERTAKE A DEMONSTRATION PROJECT DESIGNATING CHARLES HILL CIRCLE AS CONTRACTUAL ASSESSMENT DISTRICT NO. 98-2 FOR THE PURPOSE OF INSTALLING SEWER IMPROVEMENTS WHEREAS the public health and the environment will be best protected by the expansion of the public sewer system; WHEREAS the construction and installation of a sanitary sewer pipeline, together with appurtenant work and facilities, in areas not presently connected to the sewer system will facilitate the elimination of potential public health problems; WHEREAS a demonstration project designed to facilitate the elimination of failing septic tanks is presently being considered; and WHEREAS it would be convenient and advantageous to establish a boundary around an area within which the District and property owners may enter into contractual assessments and make arrangements to finance public improvements to parcels which are developed and where the costs and time delays involved in creating an assessment district pursuant to alternative provisions in the law would be prohibitively large relative to the cost of the improvement. THEREFORE, the Board of Directors of the Central Contra Costa Sanitary District resolves: 1 . This Board intends to order the following improvement under the authority of the Municipal Improvement Act of 1911, as amended, to wit: Construction and installation of approximately 1,500 linear feet of sanitary sewer line, together with appurtenant work and facilities located at Charles Hill Circle and Hartford Road in Orinda, California. 2. This Board finds that the parcels within the Contractual Assessment District are shown within the boundaries of the map entitled, "Proposed Boundary of Charles Hills Circle Contractual Assessment District No. 98-2." 3. This Board intends to levy a special assessment upon participating parcels within the described district in accordance with the special benefit to be received by each parcel of land, respectively, from the improvement. The improvement proposed will not confer any special benefit upon any publicly owned land. Hence, there shall be omitted from special assessment all public streets, alleys, and places and all land belonging to the United States, the State of California, the County of Contra Costa, and this District now in use in the performance of a public function. 4. This District will finance the improvements from the Sewer Construction Fund. Assessments shall be paid over a maximum period of ten (10) years with interest at a rate to be fixed by the District. U :\Plan Review\Hall\CHiIlCAD\Res-lntent. wpd Page 5 of 5 5. The procedure for the collection of assessments will be the placement of assessments on participating owner's property tax bills. The first assessments will be placed on owner's property tax bills in fiscal year 1999 - 00. 6. This Board appoints Curtis Swanson, Principal Engineer, as Engineer of Work for this project, and directs the preparation of the report required by Section 5989.22 of .the Streets and Highways Code. 7. The amount of any surplus remaining in the improvement fund after completion of the improvement and payment of all claims shall be distributed in accordance with the provisions of Section 10427 of the Streets and Highways Code. 8. A public hearing shall be held on this matter at 2 p.m. on or about Thursday, November 5, 1998, at the District offices, 5019 Imhoff Place, Martinez. This date is tentative and may be modified in the future. 9. The Board independently finds that this project is exempt from the California Environmental Quality Act (CEQA) under CEQA Statute, Section 21080.21, since it involves construction of a pipeline less than a mile in length in a public right of way. PASSED AND ADOPTED this day of August 6, 1998, by the Board of Directors of the Central Contra Costa Sanitary District by the following votes: AYES: Members: NOES: Members: ABSENT: Members: James A. Nejedly President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: Joyce E. Murphy Secretary, Central Contra Costa Sanitary District, County of Contra Costa, State of California APPROVED AS TO FORM: Kenton L. Aim District Counsel U :\Plan Review\Hall\CHiIlCAD\Res-lntent. wpd ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS Page 1 of 2 August 6, 1998 NO. 7. ENGINEERING b. BOARD MEETING OF July 29, 1998 TYPE OF ACTION CONSIDER PROPOSAL DATE SUBJECT CONSIDER THE FORMATION OF A CONTRACTUAL ASSESSMENT DISTRICT AS A DEMONSTRATION PROJECT FOR PROPERTIES ON HAVEN LANE IN WALNUT CREEK SUBMITTED BY Jay S. McCoy, Env. Services Division Mgr. INITIATING DEPT/DIV Engineering Dept/Environmental Services ISSUE: Owners of properties on Haven Lane in Walnut Creek have expressed an interest in connecting their homes to Central Contra Costa Sanitary District's (CCCSD) sewer system and have requested formation of a contractual assessment district to finance the extension of the public system. Board approval is required to form the assessment district. BACKGROUND: A group of property owners whose properties are located on Haven Lane in an unincorporated area of Walnut Creek have contacted CCCSD staff to obtain information regarding connecting their homes to CCCSD's public sewer system. There is a total of 12 properties that would benefit from the extension of an 8-inch diameter public sewer. All of the properties have homes on them. The owners of ten of these properties have written letters requesting that a contractual assessment district (C.A.D.) be formed. These owners have contacted the other two owners to determine if the two owners are also interested. The other two owners do not wish public sanitary sewer service at this time, nor do they wish to participate in a C.A.D. The C.A.D.s to date have been demonstration projects. The criteria applicable to the formation of these C.A.D.s has been discussed as the previous C.A.D.s were formed. The current criteria are still considered to be draft. Once the criteria are formally adopted by the Board, the projects associated with C.A.D.s will cease to be demonstration in nature. The properties to be included in the Haven Lane demonstration C.A.D. are shown on Attachment 1. One of the basic premises associated with a C.A.D. is that the properties served by the sewer improvement are to be included within a C.A.D. Thus, if a C.A.D. is formed for the 10 properties whose owners are interested in sewer service, the remaining two properties will be included within the boundary of the C.A.D. If a C.A.D. is formed, the owners of the 10 properties will be assessed for the total cost of the C.A.D. Reimbursement fees will be established later in the process to form the C.A.D. The reimbursement fees will be collected from the owners who do not participate in the C.A.D. representing these owners' share of the cost of the C.A.D. These fees will be collected when homes on the non-participant's properties are connected to the public sewer. RECOMMENDATION: Authorize the formation of a C.A.D., consisting of 12 properties on Haven Lane, and direct staff to begin processing said C.A.D. as a demonstration project. 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( i ~H i /9 I~'____ ~ 2695 ~ j r~T1~ : --------- ~1so I 2670 L LEGEND z a Q .....J I") .g FRANCES a WAY . PARTICIPANTS {\J >- c ~ <;1/J 0::: .. ,/ + >- 0::: NON,...pARTICIPANTS <> ..c .- W "0 50l <> :c e EXISTING SEWER <> I .- ~I C\J - ~ - -.;;;or I --- C.A.D BOUNDARY .- Central Contra Costa ,;: PROPOSED BOUNDARY OF ATTACHMENT '" Sanitary District HAVEN LANE '" ii> ~ 0 1 8 CONTRACTUAL ASSESSMENT DISTRICT 0 '" i: CAD 98-3 ~ P.age 2 of 2 '8 . E _____~__-.~,_..--.~.-.-...~--."--~."".,-.-.--'-.-.,.-----__,_._,.,____..N___~_._.._."._____._'_"_..._.~.~'__._..---...."....-.-...-.- ...-.