HomeMy WebLinkAboutAGENDA BACKUP 04-17-97
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(;entral Contra Costa Sanitary District
BOARD OF DIRECTORS Page 1 of 2
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DATE TYPE OF ACTION
April 11, 1997 COMPLETE ANNEXATION OF DA 135
NO.
3.
CONSENT CALENDAR d.
SUBJECT
ORDER COMPlETION OF DISTRICT ANNEXATION 135, WENDT RANCH BOUNDARY REORGANIZATION,
DANVILLE AREA
SUBMITTED BY
Dennis Hall, Associate Engineer
INITIATING DEPT IDIV
Engineering Department/Infrastructure Division
~: A resolution by the District's Board of Directors must be adopted to finalize District Annexation 135.
BACKGROUND: On February 3, 1997, Shapell Industries of Northern California filed with the Local Agency
Formation Commission (LAFCO) a request for a Boundary Reorganization and Sphere of Influence (S.O.l.)
update for a 164.84 acre property Shapell owns in Tassajara Valley, known as Wendt Ranch. On March
12, 1997, LAFCO held a hearing to consider Shapell's request. During the public hearing, LAFCO reviewed
and considered the Environmental Impact Report (EIR) that was prepared by Contra Costa County. LAFCO
approved Shapell's request for annexation and amended this District's S.O.I. to include the subject territory
and adjacent territory located to the west of Wendt Ranch. LAFCO designated the District to be the
conducting authority and authorized the District to conduct the annexation proceedings without notice and
hearing because the territory is uninhabited and has 100 percent land owner consent.
The EIR determined that providing sewer service to the subdivision would not have a significant, unavoidable,
adverse impact on the environment. A copy of the Sanitary Sewer section of the EIR has been made
available for District Board review. Staff has reviewed this EIR and believes that the impacts of annexation
to the District and the proposed mitigation measures were adequately addressed.
RECOMMENDATION: Adopt a resolution certifying a review of information, adopting California Environmental
Quality Act findings, and ordering completion of District Annexation 135.
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WENDT RANCH
BOUNDARY REORGANIZATION
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l,entral Contra Costa Sanitary District
BOARD OF DIRECTORS
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Page 1 of 2
NO.
3.
CONSENT CALENDAR e.
DATE
April 11, 1997
TYPE OF ACTION
SET PUBLIC HEARING
SUBJECT
ESTABLISH MAY 1,1997, AT 3 P.M. AS THE DATE AND TIME FOR A PUBLIC HEARING TO CONSIDER
ADOPTION OF A RESOLUTION OF NECESSITY FOR THE SOUTH ORINDA SEWER IMPROVEMENTS
PROJECT, DISTRICT PROJECT NO. 4928
SUBMITTED BY
Tad J. Pilecki, Senior Engineer
INITIATING DEPTIDIV
Engineering Department/Infrastructure Division
ISSUE: A public hearing must be conducted and a Resolution of Necessity must be adopted to initiate
eminent domain proceedings for acquisition of public easements.
BACKGROUND: The 1986 Collection System Master Plan identified numerous sewers with inadequate wet
weather hydraulic capacity in the Orinda area. Wet weather overflows occur frequently along the Moraga
Way trunk sewer during the rainy season. Four wet weather overflows have occurred in the South Orinda
area during the recent heavy rains. All of these will be addressed as part of the project. Overflows are of
particular concern since the watershed drains into San Pablo Reservoir, a drinking water supply for East Bay
Municipal Utility District. Some Orinda sewers also experience periodic dry weather overflows due to root
and grease blockages and structural deficiencies (offset joints, damaged pipes, etc.) The majority of the
collection system in the Orinda area is over 40 years old and requires extensive maintenance to keep it
functioning properly. The South Orinda Sewer Improvements Project will address many of these problems
and has been the subject of several recent Board updates.
District staff is in the process of completing the design for Phase 1 of the South Orinda area, which includes
8,000 linear feet of microtunneling in Moraga Way. To reduce the traffic impacts on Moraga Way, the pits
for the microtunneling operations have been located on private property. District staff has been negotiating
for permanent and temporary easements across 34 properties. To date, District staff has not been able to
obtain property rights from four owners.
Acquisition of rights from these four owners was the subject of a public hearing held on February 20, 1997,
after which the Board adopted a Resolution of Necessity to initiate eminent domain proceedings to acquire
these rights. Technical objections to the Resolution of Necessity were made by an attorney representing
a property owner. To eliminate any dispute and further discussion regarding these objections, staff is
recommending the adoption of a new Resolution of Necessity, followed by a recision of the existing
Resolution of Necessity.
RE\fEII\B) AND RECOMMENDED FOR BOARD ACT10N
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Page 2 of 2
SUBJECT
ESTABLISH MAY 1, 1997, AT 3 P.M. AS THE DATE AND TIME FOR A PUBLIC HEARING TO CONSIDER
ADOPTION OF A RESOLUTION OF NECESSITY FOR THE SOUTH ORINDA SEWER IMPROVEMENTS
PROJECT, DISTRICT PROJECT NO. 4928
Another area included in the South Orinda Project is Overhill Creek. The sewer serving the Overhill Creek area
has experienced numerous dry weather overflows due to root and grease blockage. Since the sewer is
located in a steep hillside area, access for maintenance and repair has been difficult. In addition, heavy
stormwater runoff has severely undermined the sewer in one location. In the position paper for the Board
meeting on February 20, the potential of initiating eminent domain proceedings for some of the easements
needed in the Overhill Creek area was mentioned. Staff has been negotiating with owners of 14 properties
for easement rights. To date, District staff has been unsuccessful in obtaining property rights from 8 of the
14 owners. Including the four properties from the Moraga Way portion of the project, there are currently a
total of 12 properties which may be included in the eminent domain proceedings.
The project is scheduled to be advertised on April 21, 1997, with the award of contract tentatively set for
June 5, 1997. The goal is to have property rights secured through the eminent domain process before the
contract is awarded. Therefore, the hearing on the Resolution of Necessity is proposed for May 1, 1997,
which will allow sightly more than one month to secure the rights. Staff has been negotiating and will
continue negotiations with all owners with the intent of reaching settlements.
As required by law, staff has notified all affected property owners at least 15 days prior to the public hearing.
Properties where rights are acquired by the date of the public hearing will be dropped from further action.
RECOMMENDA1l0N: Establish May 1, 1997, at 3 p.m. as the date and time for a public hearing to consider
adoption of a Resolution of Necessity for the South Orinda Sewer Improvement Project, District Project
No. 4928.
,-
Central Contra Costa Sanitary District
CERTIFIED RETURN-RECEIPT MAIL NO. I!E~R~Cert Mail~
ROGERJ. DOLAN
General Manager
Chi.f Engi",.r
April 15, 1997
File: 4928.5.1.5
KENTON 1.. AIM
Cowuelfor the District
(510) 938-1430
JOYCE E. MURPHY
&cr.tary afth. District
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Dear 11:lItUGreeting),F
NOTICE OF PUBLIC HEARING ON THE RESOLUTION OF NECESSITY REGARDING
CONDEMNATION OF PERMANENT AND TEMPORARY EASEMENTS;
APN: J.iIE.~1~:
Central Contra Costa Sanitary District (District) is in the process of completing the design
for Phase 1 of the South Orinda Sewer Improvements Project. The project is required to
reduce the potential for both dry and wet weather overflow of sewage into San Pablo
Creek, which flows into San Pablo Reservoir, an East Bay Municipal Utility District drinking
water supply. A portion of the South Orinda Sewer Improvements Project includes
8,000 linear feet of microtunneling in Moraga Way. To reduce traffic impacts on Moraga
Way, the pits for microtunneling operations have been located on private property.
The Phase 1 South Orinda Project is scheduled to be advertised for competitive bidding
in April 1997, in order to take full advantage of the summer construction season.
However, no contract will be awarded unless the District's Board elects to adopt the
Resolution of Necessity, which is the subject of this Notice of Public Hearing. Either the
District's right-of-way agents, Associated Right of Way Services, Inc., or the District's
right-of-way person, Rick Hernandez, has presented you with an offer of just
compensation. Additionally, we have previously provided you the Statement of and
Summary of Basis for the amount established as Just Compensation. To date the District
has been unable to secure the property rights across your property required for the
project.
As you may be aware, the District's Board previously adopted a Resolution of Necessity
relevant to this project and your property on February 20, 1997. In response to
objections raised in regard to the legal description of the interests in property being
acquired, staff is recommending to the District Board that it adopt a new Resolution of
Necessity with revised legal descriptions of the proposed easements across your property.
The law requires that certain parties be notified by the District concerning the Resolution
of Necessity hearing. Please be advised that a public hearing is scheduled at the District
Board Room at the above address on May 1, 1997, at 3 p.m. The purpose of this hearing
ID-G L \C:\INFRA \OP\49 28\PUBHEAR 2. NTC
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Page 2
April 15, 1997
is to consider information as further identified below. Staff intends to recommend to the
District's Board at the meeting on May 1, 1997, that it adopt a Resolution of Necessity
to acquire by condemnation the proposed easements across your property described in
the new Resolution of Necessity.
You are hereby notified that you have the right to appear at the hearing and be heard
concerning the issues set forth in the California Code of Civil Procedure
Section 1240.030, which are:
· whether the public interest and necessity require the District's project;
· whether the project is planned or located in the manner that will be most
compatible with the greatest public good and the least private injury; and
· whether the subject easements are necessary for the project.
You may also be heard on the issue of whether an offer, as required by Government Code
Section 7267.2, was made to you. However, the amount of compensation for the
easement interests in your property is not a subject of this hearing and will not be
considered by the District's Board in making its decision whether or not to adopt a
Resolution of Necessity.
In order to appear and be heard at the hearing, you must file with the Secretary of the
District, Joyce Murphy, within fifteen (15) days after the date of mailing of this notice,
a written request to appear and be heard. Failure to do so will result in waiver of your
right to appear and be heard.
The District's negotiators, Associated Right of Way Services, Inc. or Rick Hernandez, will
continue to discuss relevant issues with you concurrent with the District taking steps to
obtain rights to enter your property. It remains our desire to reach an agreement with you
on compensation forthe property rights required for the District's project.
Please feel free to contact the undersigned at (510) 229-7273 or Rick Hernandez at
(510) 229-7132.
Sincerely,
!Jj~ 0d~J -
Tad J. Pilecki
Senior Engineer
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cc: M. Cornelius
R. Hernandez
J. McCoy
J. Murphy
B. Tannenbaum (ARWS)
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BOARD OF DIRECTORS
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Page 1 of 1
NO.
3.
CONSENT CALENDAR f.
Dote
April 3, 1997
TYPE OF ACTION
RATIFY APPROVAL OF EMERGENCY WITHDRAWAL
SUBJECT
RATIFY APPROVAL BY THE GENERAL MANAGER-CHIEF ENGINEER OF AN EMERGENCY
WITHDRAWAL OF FUNDS FROM THE DEFERRED COMPENSATION PLAN
SUBMITTED BY
Debbie Ratcliff, Controller
INITIATING DEPTIOIV
Administrative/Finance & Accounting
ISSUE: Ratification by the Board of Directors is requested for approval by the General Manager-Chief
Engineer of an emergency withdrawal of funds from the Deferred Compensation Plan.
BACKGROUND: Walter Norman, Plant Operator II, requested an emergency withdrawal from the Deferred
Compensation Plan based on extreme financial hardship caused by a sudden and unexpected illness.
Because of the number of steps involved in reviewing a request for emergency withdrawal of funds, the final
decision was not completed by the Deferred Compensation Plan Advisory Committee until after the posting
of the Board Agenda for the Board Meeting of April 3, 1997. The employee's need for funds was
sufficiently urgent that waiting until the next Board Meeting to submit a request for approval would have
caused additional, unnecessary hardship. Approval was granted by the General Manager-Chief Engineer and
ratification of this approval is requested by the Board.
The Deferred Compensation Plan Advisory Committee reviewed the request and determined that it met the
requirements mandated by the Internal Revenue Service for emergency withdrawal in the amount of $3,000,
after taxes. Further, the District had this request reviewed by an attorney specializing in benefits, and the
attorney concurred with the Committee's recommendation.
RECOMMENDATION: Ratify the approval of the General Manager-Chief Engineer for an emergency
withdrawal of $3,000, after taxes, for Walter Norman from the Deferred Compensation Plan, as
recommended by the Deferred Compensation Plan Advisory Committee.
DR
AItD RECOMMEItDED FOR BOARD A COON
INITIATING DEPARTMENTIOIVlSlON
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9/16/96
-._---,-
Central Contra Costa Sanitary District
BOARD OF DIRECTORS Page 1 of 13
NO.
4. HEARINGS a.
April 11, 1997
SUBJECT
CONDUCT A PUBLIC HEARING; ADOPT A RESOLUTION OVERRULING PROTESTS; ADOPT A
RESOLUTION CONFIRMING COMPLIANCE WITH CAUFORNIA CONSTITUTION, ARTICLE XIIID, SECTION 4;
ADOPT A RESOLUTION APPROVING ENGINEER'S REPORT AND ASSESSMENT AND ORDERING
IMPROVEMENT; AUTHORIZE EXECUTION OF AGREEMENT WITH GARY WAY PARCEL OWNERS; AND
AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO ALLOCATE $128,000 FROM THE
COLLECTION SYSTEM PROGRAM CONTINGENCY ACCOUNT IN CONJUNCTION WITH THE
DEMONSTRATION PROJECT - GARY WAY CONTRACTUAL ASSESSMENT DISTRICT NO. 97-1,
DISTRICT PROJECT NO. 5188
SUBMITTED BY
Jay S. McCoy
INITIATING DEPTtOlV
Engineering Department/Infrastructure Division
.ISSUE: A public hearing must be conducted to consider comment regarding the proposed assessment, the
Resolution of Intention, the Engineer's Report, and any other comments from the public, including the
affected parcel owners, relating to the proposed Gary Way Contractual Assessment District No. 97-1
(C.A.D. No. 97-1).
BACKGROUND: A group of 12 parcel owners living on Gary Way in Alamo have requested that the District
form an assessment district for the purpose of financing and constructing a public sewer system that will
benefit their properties. The proposed sewer includes approximately 930 feet of 8-inch sewer main that
will serve the proponents' 12 existing properties, all of which have existing homes presently relying on
septic tanks. A map showing the proposed boundary and the proposed sewer location is attached as
Exhibit A.
On October 17, 1996, the Board of Directors adopted a resolution directing the preparation of a report for
a demonstration project known as Gary Way C.A.D. No. 97-1. A report has been prepared, and
assessments have been estimated. (The Engineer's Report is being provided to the Board under separate
cover.) On March 20, 1997, the Board of Directors set a public hearing for April 17, 1997. Since
assessments are proposed to be levied on properties, the procedural requirements of Proposition 218 do
apply. Compliance with these requirements has been included in the documents and actions proposed for
Board consideration. In order to continue the process for Gary Way C.A.D. No. 97-1, the following actions
are necessary:
1 . Conduct a public hearing to:
a. announce the tabulation of ballots submitted by owners of each affected parcel
indicating approval or opposition to the proposed assessment.
Rfl'EWED AND RECONWlE1\f)ED FOR BOARD AC
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H:\JA Y\GARYCAD1 \CONDHRNG .PP
9/16/96
----r--
April 11, 1 997
Page 2 of 13
SUBJECT
CONDUCT A PUBLIC HEARING; ADOPT A RESOLUTION OVERRULING PROTESTS; ADOPT A
RESOLUTION CONFIRMING COMPLIANCE WITH CALIFORNIA CONSTITUTION, ARTICLE XIIID,
SECTION 4; ADOPT A RESOLUTION APPROVING ENGINEER'S REPORT AND ASSESSMENT AND
ORDERING IMPROVEMENT; AUTHORIZE EXECUTION OF AGREEMENT WITH GARY WAY PARCEL
OWNERS; AND AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO ALLOCATE $128,000
FROM THE COLLECTION SYSTEM PROGRAM CONTINGENCY ACCOUNT IN CONJUNCTION WITH THE
DEMONSTRATION PROJECT - GARY WAY CONTRACTUAL ASSESSMENT DISTRICT NO. 97-1,
DISTRICT PROJECT NO. 5188
b. consider public testimony on the Resolution of Intention and the Engineer's Report.
2. If, at the close of the hearing, the Board finds that protests and ballot opposition are
insufficient, the following resolutions may be considered and adopted:
a. Resolution overruling protests of improvement (Exhibit B)
b. Resolution confirming compliance with California Constitution, Article XIIID, Section 4
(Exhibit C).
c. Resolution approving the Engineer's Report, assessments, and ordering improvement
(Exhibit D)
An agreement between the owners and the District is needed to establish the responsibilities of both parties.
District Counsel has prepared such an agreement in which the owners agree to:
· assessments being placed on their property tax bills;
· pay the assessments;
· accept total responsibility for the design and construction of the sanitary sewer extension;
· require the contractor who is selected by the owners to maintain certain insurance coverage;
· accept total responsibility for the costs associated with the sanitary sewer extension, including
interest for District financing;
· have the sanitary sewer extension constructed in accordance with District standards.
The District will:
· finance the costs of the sanitary sewer extension;
· place assessments on owners' tax bills
· be reimbursed in full by receiving payments, including interest, for the total amount financed
from owners over a ten-year period
· accept the work of the contractor, provided the work is done in accordance with District
standards
· make a contribution to the cost of the sanitary sewer extension for the shares of those owners
who decide not to accept assessments.
II:o:o:oil::io!:!II.I.II::I:i:II.lololollllllollolllllI DATE
April 11, 1997
Page 3 of 13
SUBJECT
CONDUCT A PUBLIC HEARING; ADOPT A RESOLUTION OVERRULING PROTESTS; ADOPT A
RESOLUTION CONFIRMING COMPLIANCE WITH CAUFORNIA CONSTITUTION, ARTICLE XIIID,
SECTION 4; ADOPT A RESOLUTION APPROVING ENGINEER'S REPORT AND ASSESSMENT AND
ORDERING IMPROVEMENT; AUTHORIZE EXECUTION OF AGREEMENT WITH GARY WAY PARCEL
OWNERS; AND AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO ALLOCATE $128,000
FROM THE COLLECTION SYSTEM PROGRAM CONTINGENCY ACCOUNT IN CONJUNCTION WITH THE
DEMONSTRATION PROJECT - GARY WAY CONTRACTUAL ASSESSMENT DISTRICT NO. 97-1,
DISTRICT PROJECT NO. 5188
The agreement has been drafted so that all 12 parcel owners will sign one document. It is appropriate to
authorize the General Manager-Chief Engineer to execute the agreement on behalf of the District.
Under an initial allocation of $10,000 from the General Manager-Chief Engineer, project oversight, preliminary
engineering, and plan review have been accomplished. An additional allocation is necessary to complete the
project. An allocation of $128,000 from the Collection System Program Contingency Account is requested
for this effort. A summary of project costs is shown in Exhibit E. The estimated total project cost is
$138,000.
Staff has concluded that this project is exempt from the California Environmental Quality Act (CECA) under
District CECA Guidelines, Section 5.2(b)(3), since it can be "seen with certainty that there is no possibility
that the activity in question may have a significant effect on the environment." This certainty is based on
the District's past experience with numerous similar sewer construction projects, the developed nature of the
project environment, and the limited service area of the project (no potential for growth inducement). Board
of Directors' approval of this project will constitute an independent finding that this project is exempt from
CECA.
RECOMMENDATION: If a majority protest is not filed and if less than a majority of returned ballots from
affected parcel owners oppose the assessment, staff recommends that the Board of Directors take the
following actions:
· Conduct public hearing.
· Adopt a resolution overruling protests.
· Adopt a resolution confirming compliance with California Constitution, Article XIIID, Section 4.
· Adopt a resolution approving the Engineer's Report, assessments, and ordering improvement.
· Authorize the General Manager-Chef Engineer to execute an agreement with the Gary Way parcel
owners.
· Authorize the General Manager-Chief Engineer to allocate $128,000 from the Collection System
Program Contingency Account for the Gary Way C.A.D. No. 97-1, District Project No. 5188.
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Page 4 of 13
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FEET
Central Contra Costa
Sanitary District
PLAN OF IMPROVEMENTS
GARY WAY CONTRACTUAL
ASSESSMENT DISTRICT (C.A.D. No. 97-1)
4
Page 5 of 13
EXHIBIT B
RESOLUTION NO.
RESOLUTION OVERRUUNG PROTESTS
DEMONSTRATION PROJECT - GARY WAY CONTRACTUAL ASSESSMENT DISTRICT NO. 97-'
The Board of Directors of the Central Contra Costa Sanitary District resolves:
On April 17, 1997, the Board of Directors opened a public hearing on the Resolution of
Intention and the Engineer's Report on the proposed improvement in Gary Way Contractual
Assessment District No. 97-1.
At or before the time set for hearing, certain interested persons made protests or
objections to the proposed improvement, the extent of the Contractual Assessment District, or
the proposed assessment.
The Board hereby overrules each of these protests, written or oral.
The Board finds that the protest against the proposed improvement (including all written
protests not withdrawn in writing before the conclusion of the protest hearing) is made by the
owners of less than one half of the area of the land to be assessed for the improvement.
H:\JA y\GARYCAD1 \CONDHRNG.PP
Page 6 of 13
PASSED AND ADOPTED this 17th day of April, 1997, by the Board of Directors of the
Central Contra Costa Sanitary District by the following votes:
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:
Mario M. Menesini
President of the Board of Directors,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
H:\JA Y\GARYCAD 1 \CONDHRNG .PP
Kenton L. Aim,
District Counsel
I ~
Page 7 of 13
EXHIBIT C
RESOLUTION NO.
RESOLUTION CONFIRMING COMPLIANCE WITH
CALIFORNIA CONSTITUTION, ARTICLE XIIID, SECTION 4
DEMONSTRATION PROJECT - GARY WAY CONTRACTUAL ASSESSMENT DISTRICT NO. 97-'
The Board of Directors of the Central Contra Costa Sanitary District resolves:
1. The Board set 2 p.m. on April 17, 1997, at the Meeting Room of the Board of
Directors, 5019 Imhoff Place, Martinez, California, as the time and place for a public hearing
pursuant to California Constitution, Article XIIID, Section 4.
2. Pursuant to Article XIIIO of the California Constitution, as amended by
Proposition 218, commonly known as the "Right to Vote on Taxes Act," notice of the proposed
assessment was provided to all owners of identified parcels within the District, which notice
contained a ballot whereby each owner could indicate support or opposition to the proposed
assessment.
3. At the time and place for which notice was given, the Board of Directors
conducted public hearing, pursuant to California Constitution, Article XIIIO, Section 4, and gave
every person present an opportunity to comment on and object to the amount of the proposed
assessment.
4. The Board finds that less than a majority of parcel owners who returned ballots,
weighted by financial obligation, opposed the proposed assessment.
H:\JA Y\GARYCADl \CONDHRNG.PP
Page 8 of 13
PASSED AND ADOPTED this 17th day of April, 1997, by the Board of Directors of the
Central Contra Costa Sanitary District by the following votes:
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:
Mario M. Menesini
President of the Board of Directors,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
Kenton L. Aim,
District Counsel
H:\JA Y\GARYCADl \CONDHRNG.PP
Page 9 of 13
EXHIBIT 0
RESOLUTION NO.
RESOLUTION APPROVING ENGINEER'S REPORT AND ASSESSMENT
AND ORDERING IMPROVEMENT
DEMONSTRATION PROJECT - GARY WAY CONTRACTUAL ASSESSMENT DISTRICT NO. 97-1
The Board of Directors of the Central Contra Costa Sanitary District resolves:
This Board has taken a series of actions preliminary to ordering the improvement in the
Demonstration Project - Gary Way Contractual Assessment District No. 97-1, Central Contra
Costa Sanitary District, Contra Costa County, California, and now makes the following findings
and orders:
1 . The Board adopted a map showing the boundaries of the land benefitted by the
proposed improvement. A copy of the boundary map was filed in the office of the County
Recorder of the County of Contra Costa in the Book of Maps of Assessment and Community
Facilities Districts.
2. The Board adopted its Resolution of Intention to order the improvement described
therein under the Municipal Improvement Act of 1911, and directed Jay S. McCoy,
Infrastructure Division Manager, as the Engineer of Work for the Assessment District, to prepare
the report required by Section 5989.22 of the Streets and Highways Code.
H:\JA y\GARYCAD1 \CONDHRNG .PP
Page 10 of 13
The improvement is generally described as follows:
Construction and installation of approximately 930 linear feet of
sanitary sewer line, together with appurtenant work and facilities
located at Gary Way in Alamo, California.
3. The Board called a hearing of protests on the Gary Way Contractual Assessment
District No. 97-1. Notice of the hearing was given by publication, by street posting, and by
mailing to affected parcel owners, all according to the Municipal Improvement Act of 1911.
Affidavits of publication, posting, and mailing were filed with the Secretary of the District.
4. At the time and place for which notice was given, the Board of Directors
conducted a public hearing pursuant to Section 5898.26 of the Streets and Highways Code,
which included a summary of the Engineer's Report and gave every person present an
opportunity to comment on and object to the proposed Contractual Assessment Program
improvement and the extent of the Assessment District.
5. The Board further finds that written protests against the proposed improvement
have not been made by owners representing more than one half of the area of the land to be
assessed for the improvement.
6. The documents and events described in paragraphs 1 to 4, inclusive, are stated
here in tabular form, with their dates and, where appropriate, their numbers. All documents are
now on file with the District.
H:\JA Y\GARYCAD 1 \CONDHRNG .PP
Page 11 of 13
Document or Event Date Number
a. Resolution of Intention 10/17/96 96-148
b. Resolution Approving Boundary Map 03/20/97 97-060
(Revised)
c. Certificate of Mailing 03/21/97 Dated
Notice of Improvement
d. Certificate of Posting 03/21/97 Dated
Notice of Improvement
e. Affidavit of Publication 03/25/97 Dated
of Notice of Improvement
f. Boundary Map Filed with 04/15/97 Filed
County Recorder
7. The Board approves the Engineer's Report and each component part of it, including
each exhibit incorporated by referenced in the report.
8. The Board finds that the Engineer of Work, in the Engineer's Report has fairly and
properly apportioned the cost of the improvement to each parcel of land in the Assessment
District in compliance with the agreement between the owners and in proportion to the special
benefits derived by each parcel, in relationship to the entirety of the capital cost of the
improvement. The Board hereby confirms and levies each individual assessment as stated in the
Engineer's Report.
9. This Board orders the improvement described in paragraph 2 and as detailed in the
Engineer's Report.
10. According to Section 10603 of the Streets and Highways Code, the Board
designates the District Controller to collect and receive payment of the assessments. The parcel
owners who elect to pay their assessments in cash before the first assessments are placed on
tax bills and will not be required to pay their pro rata share of the allowance for the reserve fund.
H:\JA Y\GARYCAD1 \CONDHRNG.PP
--------,---
Page 12 of 13
11 . The Board independently finds that this project is exempt from the California
Environmental Quality Act (CECA) under District CECA Guidelines, Section 5.2(b)(3), since it can
be "seen with certainty that there is no possibility that the activity in question may have a
significant effect on the environment." This certainty is based on the District's past experience
with numerous similar sewer construction projects, the developed nature of the project
environment, and the limited service area of the project (no potential for growth inducement).
PASSED AND ADOPTED this 17th day of April, 1997, by the Board of Directors of the
Central Contra Costa Sanitary District by the following votes:
AYES:
Members:
NOES:
Members:
ABSENT:
Members:
Mario M. Menesini
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
H:\JA Y\GARYCAD 1 \CONDHRNG .PP
-;-
Page 13 of 13
EXHIBIT E
SUMMARY OF PROJECT COSTS
Construction $104,050
Construction Contingency 16,498
Engineering 7,000
District Services 5,249
Reserve Fund 5.203
TOTAL $138,000
Less Previous Allocation 10.000
Requested Allocation $128,000
H:\JA Y\GARYCADl \CONDHRNG .PP
---,-
OFFICIAL BALLOT CONCERNING PROPOSED
GARY WAY CONTRACTUAL ASSESSMENT DISTRICT NO. 97-1
NAME OF PROPERTY OWNER(S): Craig E. Chase and
Cara B. Chase
5 Gary Way
Alamo, CA 94507
ASSESSOR'S PARCEL NO. 198-160-002
Mark One:
~I ( ) oppose the imposition of the proposed assessment as described in the
ached Notice of Proposed Assessment.
I (We) approve of the imposition of the proposed assessment as described in the
attached Notice of Proposed Assessment.
· By my signature below, I (we) hereby agree to waive the requirement that the
public hearing concerning the proposed Gary Way Contractual Assessment District
No. 97-1 be conducted not less than forty-five (45) days after mailing this Notice
of A oposed Assessment and Ballot.
~\i>\qr
,
Date
~~
Signature of Property Owner(s)
1/~qr
Dat-e
· Return this ballot to:
Central Contra Costa Sanitary District
Joyce Murphy, Secretary of the District
5019 Imhoff Place
Martinez, CA 94553
Ballots must be received by the District no later than April 16, 1997.
· Ballots shall be weighted according to the proportional financial obligation of the
affected property.
Thus, in the Gary Way Contractual Assessment District No. 97-1, each parcel will
represent one full vote, regardless of the number of individual owners of each parcel.
If you have any questions concerning this Notice, please contact Jay McCoy at
510-229-7360.
INFRA\H:\JAy\GARYCAD1\BALLOT.FRM & CAD1L1ST.DAT
. ....-----. -.-------T.
OFFICIAL BALLOT CONCERNING PROPOSED
GARY WAY CONTRACTUAL ASSESSMENT DISTRICT NO. 97-1
NAME OF PROPERTY OWNER(S): Martin A. Parese, Jr. and
Laurie Smith-Parese
20 Gary Way
Alamo, CA 94507
ASSESSOR'S PARCEL NO. 198-160-011
Mark One:
D I (We) oppose the imposition of the proposed assessment as described in the
attached Notice of Proposed Assessment.
~ I (We) approve of the imposition of the proposed assessment as described in the
attached Notice of Proposed Assessment.
· By my signature below, I (we) hereby agree to waive the requirement that the
public hearing concerning the proposed Gary Way Contractual Assessment District
No. 97-1 be conduct not less than forty-five (45) days after mailing this Notice
of rop se Asse ent and Ballot.
i(- (0-91-
Date
o/~/O~y7
Date
· Return this ballot to:
Central Contra Costa Sanitary District
Joyce Murphy, Secretary of the District
5019 Imhoff Place
Martinez, CA 94553
Ballots must be received by the District no later than April 16, 1997.
· Ballots shall be weighted according to the proportional financial obligation of the
affected property.
Thus, in the Gary Way Contractual Assessment District No. 97-', each parcel will
represent one full vote, regardless of the number of individual owners of each parcel.
If you have any questions concerning this Notice, please contact Jay McCoy at
510-229-7360.
INFRA\H:\JAY\GARYCAD1\BALLOT.FRM & CAD1L1ST.DAT
---'T--
OFFICIAL BALLOT CONCERNING PROPOSED
GARY WAY CONTRACTUAL ASSESSMENT DISTRICT NO. 97-1
NAME OF PROPERTY OWNER(S): Robert M. Cuenin and
Marina L. Cuenin
1 8 Gary Way
Alamo, CA 94507
ASSESSOR'S PARCEL NO. 198-160-012
Mark One:
D
I (We) oppose the imposition of the proposed assessment as described in the
attached Notice of Proposed Assessment.
~
I (We) approve of the imposition of the proposed assessment as described in the
attached Notice of Proposed Assessment.
By my signature below, I (we) hereby agree to waive the requirement that the
public hearing concerning the proposed Gary Way Contractual Assessment District
No. 97-1 be conducted not less than forty-five (45) days after mailing this Notice
of Proposed Assessment and Ballot.
/~~~
Signature of Property wner(s)
.
~(((}19r--
,
Date
~ - lG - c\., 1-
Date
· Return this ballot to:
Central Contra Costa Sanitary District
Joyce Murphy, Secretary of the District
5019 Imhoff Place
Martinez, CA 94553
Ballots must be received by the District no later than April 16, 1997.
· Ballots shall be weighted according to the proportional financial obligation of the
affected property.
Thus, in the Gary Way Contractual Assessment District No. 97-1, each parcel will
represent one full vote, regardless of the number of individual owners of each parcel.
If you have any questions concerning this Notice, please contact Jay McCoy at
510-229-7360.
INFRA\H:\JAY\GARYCAD1\BALLOT.FRM & CAD1L1ST.DAT
... . ....-.-.----.-.-. ..---..--..... . .....-..-----.-...-.-----r-
OFFICIAL BALLOT CONCERNING PROPOSED
GARY WAY CONTRACTUAL ASSESSMENT DISTRICT NO. 97-1
NAME OF PROPERTY OWNER(S): Roger D. Ehlers and
Dianne Ehlers
9 Gary Way
Alamo, CA 94507
ASSESSOR'S PARCEL NO. 198-160-004
Mark One:
o I (We) oppose the imposition of the proposed assessment as described in the
attached Notice of Proposed Assessment.
~ I (We) approve of the imposition of the proposed assessment as described in the
attached Notice of Proposed Assessment.
. By my signature below, I (we) hereby agree to waive the requirement that the
public hearing concerning the proposed Gary Way Contractual Assessment District
No. 97-1 be conducted not less than forty-five (45) days after mailing this Notice
of Proposed Assessment and Ballot.
<I/cr/q7
. ,
Date
Y//O/77
Date'
· Return this ballot to:
Central Contra Costa Sanitary District
Joyce Murphy, Secretary of the District
5019 Imhoff Place
Martinez, CA 94553
Ballots must be received by the District no later than April 16, 1997.
. Ballots shall be weighted according to the proportional financial obligation of the
affected property.
Thus, in the Gary Way Contractual Assessment District No. 97-1, each parcel will
represent one full vote, regardless of the number of individual owners of each parcel.
If you have any questions concerning this Notice, please contact Jay McCoy at
510-229-7360.
INFRA\H:\JAY\GARYCAD1\BALLOT.FRM & CAD1L1ST.DAT
____ __ __________________________________ ------------------------------------------------------------ -----------,-,------------- ----,----------------- ----1-
..
OFFICIAL BALLOT CONCERNING PROPOSED
GARY WAY CONTRACTUAL ASSESSMENT DISTRICT NO. 97-1
NAME OF PROPERTY OWNER(S): Kim Langley
11 Gary Way
Alamo, CA 94507
ASSESSOR'S PARCEL NO. 198-160-005
Mark One:
D I (We) oppose the imposition of the proposed assessment as described in the
attached Notice of Proposed Assessment.
~ I (We) approve of the imposition of the proposed assessment as described in the
attached Notice of Proposed Assessment.
· By my signature below, I (we) hereby agree to waive the requirement that the
public hearing concerning the proposed Gary Way Contractual Assessment District
No. 97-1 be conducted not less than forty-five (45) days after mailing this Notice
of Proposed Assessment and Ballot.
!~:' If
~V11"-- i-lL { (/~~ /' ~ j)
Signature of Property Ow~~~(~) ~ .
f 'I
\~ (;
Lt 1>
Date
07
Signature of Property Owner(s)
Date
· Return this ballot to:
Central Contra Costa Sanitary District
Joyce Murphy, Secretary of the District
5019 Imhoff Place
Martinez, CA 94553
Ballots must be received by the District no later than April 16, 1997.
· Ballots shall be weighted according to the proportional financial obligation of the
affected property.
Thus, in the Gary Way Contractual Assessment District No. 97-1, each parcel will
represent one full vote, regardless of the number of individual owners of each parcel.
If you have any questions concerning this Notice, please contact Jay McCoy at
510-229-7360.
INFRA \H :\JA Y\GARYCAD 1 \BALLOT .FRM & CAD 1 LIST .DA T
....... ...-..-.--- .....-........-..- ......-...-....--.-----r-..
OFFICIAL BAllOT CONCERNING PROPOSED
GARY WAY CONTRACTUAL ASSESSMENT DISTRICT NO. 97-1
NAME OF PROPERTY OWNER(S): Charles Wright, Jr. and
Gladys Wright
12 Gary Way
Alamo, CA 94507
ASSESSOR'S PARCEL NO. 198-160-015
Mark One:
o I (We) oppose the imposition of the proposed assessment as described in the
attached Notice of Proposed Assessment.
IRI I (We) approve of the imposition of the proposed assessment as described in the
attached Notice of Proposed Assessment.
· By my signature below, I (we) hereby agree to waive the requirement that the
public hearing concerning the proposed Gary Way Contractual Assessment District
No. 97-1 be conducted not less than forty-five (45) days after mailing this Notice
of Proposed Assessment and Ballot.
, <-" (-Ii 1
teft/'kl:/ / () ----I q {j
Dite .
Ii
~~~..t' Ie-If?!
· Return this ballot to:
Central Contra Costa Sanitary District
Joyce Murphy, Secretary of the District
5019 Imhoff Place
Martinez, CA 94553
Ballots must be received by the District no later than April 16, 1997.
· Ballots shall be weighted according to the proportional financial obligation of the
affected property.
Thus, in the Gary Way Contractual Assessment District No. 97-1, each parcel will
represent one full vote, regardless of the number of individual owners of each parcel.
If you have any questions concerning this Notice, please contact Jay McCoy at
510-229-7360.
INFRA\H:\JA Y\GARYCA01\BALLOT.FRM & CA01 LIST. OAT
, ,,,,-"---~.--_...-.-_..~'_-._m"'--~1"'-"
OFFICIAL BALLOT CONCERNING PROPOSED
GARY WAY CONTRACTUAL ASSESSMENT DISTRICT NO. 97-1
NAME OF PROPERTY OWNER(S): Wayne K. Snyder and
Nancy Snyder
14 Gary Way
Alamo, CA 94507
ASSESSOR'S PARCEL NO. 198-160-014
Mark One:
D I (We) oppose the imposition of the proposed assessment as described in the
attached Notice of Proposed Assessment.
~ I (We) approve of the imposition of the proposed assessment as described in the
attached Notice of Proposed Assessment.
. By my signature below, I (we) hereby agree to waive the requirement that the
public hearing concerning the proposed Gary Way Contractual Assessment District
No. 97-1 be conducted not less than forty-five (45) days after mailing this Notice
of Proposed sessment and Ballot.
,(/~/fll
Date
P? / PI)
Date
· Return this ballot to:
Central Contra Costa Sanitary District
Joyce Murphy, Secretary of the District
5019 Imhoff Place
Martinez, CA 94553
Ballots must be received by the District no later than April 76, 7997.
· Ballots shall be weighted according to the proportional financial obligation of the
affected property.
Thus, in the Gary Way Contractual Assessment District No. 97-1, each parcel will
represent one full vote, regardless of the number of individual owners of each parcel.
If you have any questions concerning this Notice, please contact Jay McCoy at
510-229-7360.
INFRA\H:\JAY\GARYCAD1\BALLOT.FRM & CAD1L1ST.DAT
OFFICIAL BAllOT CONCERNING PROPOSED
GARY WAY CONTRACTUAL ASSESSMENT DISTRICT NO. 97-1
NAME OF PROPERTY OWNER(S): John M. Fontius and
Jane E. Fontius
15 Gary Way
Alamo, CA 94507
ASSESSOR'S PARCEL NO. 198-160-006
Mark One:
D
I (We) oppose the imposition of the proposed assessment as described in the
attached Notice of Proposed Assessment.
~
I (We) approve of the imposition of the proposed assessment as described in the
attached Notice of Proposed Assessment.
.
By my signature below, I (we) hereby agree to waive the requirement that the
public hearing concerning the proposed Gary Way Contractual Assessment District
No. 97-1 be conducted not less than forty-five (45) days after mailing this Notice
of Proposed Assessment and Ballot.
Jj-t'-r7
Date
t! - f --'7 7
Date
· Return this ballot to:
Central Contra Costa Sanitary District
Joyce Murphy, Secretary of the District
5019 Imhoff Place
Martinez, CA 94553
Ballots must be received by the District no later than April 16, 1997.
· Ballots shall be weighted according to the proportional financial obligation of the
affected property.
Thus, in the Gary Way Contractual Assessment District No. 97-1, each parcel will
represent one full vote, regardless of the number of individual owners of each parcel.
If you have any Questions concerning this Notice, please contact Jay McCoy at
510-229-7360.
INFRA\H:\JA Y\GARYCAD1 \BALLOT.FRM & CAD1 LIST. OAT
~~ ~-~~- --~~~~ ~~~-~- ~-~~l- ~
OFFICIAL BALLOT CONCERNING PROPOSED
GARY WAY CONTRACTUAL ASSESSMENT DISTRICT NO. 97-1
NAME OF PROPERTY OWNER(S): George Alan Hart and
Lillian Hart
16 Gary Way
Alamo, CA 94507
ASSESSOR'S PARCEL NO. 198-160-013
Mark One:
o I (We) oppose the imposition of the proposed assessment as described in the
attached Notice of Proposed Assessment.
fKI I (We) approve of the imposition of the proposed assessment as described in the
attached Notice of Proposed Assessment.
· By my signature below, I (we) hereby agree to waive the requirement that the
public hearing concerning the proposed Gary Way Contractual Assessment District
No. 97-1 be conducted not less than forty-five (45) days after mailing this Notice
of Proposed Assessment and Ballot.
~-/O-97
Date
/
--...... \,.-//
~ m//~
Sig ature of Proper~~ Owner(s)
~-lo-C;7
Date
.
Return this ballot to:
\-
Central Contra Costa Sanitary District
Joyce Murphy, Secretary of the District
5019 Imhoff Place
Martinez, CA 94553
Ballots must be received by the District no later than April 16, 1997.
· Ballots shall be weighted according to the proportional financial obligation of the
affected property.
Thus, in the Gary Way Contractual Assessment District No. 97-1, each parcel will
represent one full vote, regardless of the number of individual owners of each parcel.
If you have any questions concerning this Notice, please contact Jay McCoy at
510-229-7360.
INFRA \H:\JA Y\GARYCAD 1\BALLOT .FRM & CAD 1 LIST .DA T
. _...____.......__.____.____...._______...._______.._m.__.-.--.-.--.-.--............-.....------.---.----...----..-.-.- .....-.........--.-.......----1.....
OFFICIAL BALLOT CONCERNING PROPOSED
GARY WAY CONTRACTUAL ASSESSMENT DISTRICT NO. 97-1
NAME OF PROPERTY OWNER(S): Edward P. Lindell and
Jo A. Lindell
17 Gary Way
Alamo, CA 94507
ASSESSOR'S PARCEL NO. 198-160-007
Mark One:
D I (We) oppose the imposition of the proposed assessment as described in the
attached Notice of Proposed Assessment.
IS] I (We) approve of the imposition of the proposed assessment as described in the
attached Notice of Proposed Assessment.
By my signature below, I (we) hereby agree to waive the requirement that the
public hearing concerning the proposed Gary Way Contractual Assessment District
No. 97-1 be conducted not less than forty-five (45) days after mailing this Notice
of Proposed Assessment and Ballot.
~ i! Af:l~
Signature of Property Owner(s)
.
Lj-/o.-q1
Date
v' tLi?~ ~-L
;/-/D - e/7
Date
· Return this ballot to:
Central Contra Costa Sanitary District
Joyce Murphy, Secretary of the District
5019 Imhoff Place
Martinez, CA 94553
Ballots must be received by the District no later than April 16, 1997.
. Ballots shall be weighted according to the proportional financial obligation of the
affected property.
Thus, in the Gary Way Contractual Assessment District No. 97-1, each parcel will
represent one full vote, regardless of the number of individual owners of each parcel.
If you have any questions concerning this Notice, please contact Jay McCoy at
510-229-7360.
INFRA\H:\JAY\GARYCA01\BALLOT.FRM & CAOl L1ST.OAT
. ___".----...~___.___._._._^_,,____._.....,._.,.._._.._..~.~ _____.__._...,',w. __,,_.._~_._.._..~..,~,._.__,__~__.__.~____.~_____ -----..--..-.,--.,..-".-~_......~-.,...,.-,".-.-
. .........-.....-..-..... T..'
OFFICIAL BALLOT CONCERNING PROPOSED
GARY WAY CONTRACTUAL ASSESSMENT DISTRICT NO. 97-1
NAME OF PROPERTY OWNER{S): Ruth S. Feldman
22 Gary Way
Alamo, CA 94507
ASSESSOR'S PARCEL NO. 198-160-010
Mark One:
o I (We) oppose the imposition of the proposed assessment as described in the
attached Notice of Proposed Assessment.
fit I (We) approve of the imposition of the proposed assessment as described in the
attached Notice of Proposed Assessment.
By my signature below, I (we) hereby agree to waive the requirement that the
public hearing concerning the proposed Gary Way Contractual Assessment District
No. 97-1 be conducted not less than forty-five (45) days after mailing this Notice
of Proposed Assessment and Ballot.
: ....< "l /",,'-
~ 't,:'/<'.>J .' / .'/ '~.(CL~1;JLD~
Signature of Property Owner(s)
.
. /) 'J .
j)J /917
Date'
Signature of Property Owner(s)
Date
· Return this ballot to:
Central Contra Costa Sanitary District
Joyce Murphy, Secretary of the District
5019 Imhoff Place
Martinez, CA 94553
Ballots must be received by the District no later than April 16, 1997.
· Ballots shall be weighted according to the proportional financial obligation of the
affected property.
Thus, in the Gary Way Contractual Assessment District No. 97-1, each parcel will
represent one full vote, regardless of the number of individual owners of each parcel.
If you have any questions concerning this Notice, please contact Jay McCoy at
510-229-7360.
INFRA\H:\JAY\GARYCA01\BAllOT.FRM & CA01UST,OAT
OFFICIAL BALLOT CONCERNING PROPOSED
GARY WAY CONTRACTUAL ASSESSMENT DISTRICT NO. 97-1
NAME OF PROPERTY OWNER(S): George A. Foster and
Lucia L. Foster
7 Gary Way
Alamo, CA 94507
ASSESSOR'S PARCEL NO. 198-160-003
Mark One:
D I (We) oppose the imposition of the proposed assessment as described in the
attached Notice of Proposed Assessment.
~ I (We) approve of the imposition of the proposed assessment as described in the
attached Notice of Proposed Assessment.
· By my signature below, I (we) hereby agree to waive.-othe requirement that the
public hearing concerning the proposed Gary Way Contractual Assessment District
No. 97-1 be conducted not less than forty-five (45) days after mailing this Notice
of Proposed Assessm lot.
$o-?7
Date
Llt(...(. ~ L. ~ky-
Signature of Property Owner(s)
4-- l" -<{l
Date
· Return this ballot to:
Central Contra Costa Sanitary District
Joyce Murphy, Secretary of the District
5019 Imhoff Place
Martinez, CA 94553
Ballots must be received by the District no later than April 16, 1997.
· Ballots shall be weighted according to the proportional financial obligation of the
affected property.
. Thus, in the Gary Way Contractual Assessment District No. 97-', each parcel will
represent one full vote, regardless of the number of individual owners of each parcel.
If you have any questions concerning this Notice, please contact Jay McCoy at
510-229-7360.
INFRA\H:\JA Y\GARYCAD1 \BALLOT.FRM & CAD1 L1ST.DA T
~ Central Contra Costa Sanitary District
~l....'~~ BOARD OF DIRECTORS Page 1 of 13
1:1'11111111;1111111111.::111:."11 BOA;~~170: 1997
NO.
4.
HEARINGS b.
DATE
April 11, 1997
TYPE OF ACTION
CONDUCT PUBLIC HEARING AND ADOPT
SUBJECT
CONDUCT A PUBUC HEARING ON THE PROPOSED CHANGES TO THE CURRENT SCHEDULE OF RATES
AND CHARGES AND ADOPT AN ORDINANCE APPROVING THE FEE SCHEDULE EFFECTIVE JULY 1, 1997
SUBMITTED BY
Lesley Kendrick, Engineering Assistant
INITIATING DEPTIDIV
Engineering Department/Infrastructure Division
~: A public hearing is required to obtain public comments on proposed changes to the District Schedule
of Rates and Charges to be effective July 1, 1997.
BACKGROUND: Chapter 6.30 of the District Code describes fees assessed for services provided to
contractors, developers and other users of the District's wastewater collection and treatment system. The
fees provide approximately 1.5 percent of the District's total revenue and are intended to reimburse the
District for labor and operating expenses incurred in providing the services. The fees are reviewed annually,
and revisions are made 1) to reflect District annual wage adjustments or cost-of-living adjustments, 2) as
a result of in-depth analysis, or 3) based on a combination of both wage or cost-of-living adjustments and
in-depth analysis. Based on advice of District Counsel, these fees are not property-related fees; therefore,
the procedural requirements of Proposition 218 do not apply.
The results of this year's review are summarized in Attachment I, showing current rates, proposed rates,
and percentage of change. The majority of the fee changes are due to the annual cost-of-living increase and
are proposed to be increased between 0 and 3.1 percent. The cost-of-living increase reported at the end
of February 1997 was 3.1 percent.
Three fees require further consideration. The Rebate Administration Fee (Section A-5) was established a
number of years ago, and staff recommends that it be incorporated into the Schedule of Rates and Charges.
The second part of a phased increase to the Mainline Inspection Fee (Section 8-1) is proposed and will result
in a 7.6 percent increase to this fee. Source Control staff requests replacing the current New Industry Permit
Fee with the Industrial User Application Fee (Section F-2) and reducing the minimum fee from $500 to $175.
An explanation of these changes is contained in Attachment II.
The proposed revised schedule of rates and charges was distributed to members of the Home Builders
Association of Northern California, the Engineering and Utilities Contractors Association, and the Associated
Buildings and Contractors Golden Gate Chapter to provide an opportunity to communicate questions and
comments to District staff prior to the public hearing.
Attachment 1\1 presents a comparison of the District's proposed schedule of rates and charges to similar fees
of neighboring sanitary districts.
RECOMMENDATlON: Conduct a public hearing on the proposed schedule of rates and charges, approve
the proposed schedule of rates and charges, and adopt an ordinance to implement the new schedule
effective July 1, 1997.
~ AJID RECONWIENDED FOR BOARD ACT10N
1111/
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H :\DES IG N\KENDRICK\REVENUE\RA TESCHG .PP
9/16/96
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Page 2 of 13
ATTACHMENT I
CENTRAL CONTRA COSTA SANITARY DISTRICT
RATES AND CHARGES
CATEGORY CURRENT PROPOSED %
RATE RATE CHANGE
(A) DEVELOPMENT & PLAN REVIEW
(A-1 ) Development Review and 3.5% of est. 3.5% of 2.4
2 Preliminary + 1 Final Plan Reviews cost est. cost
Basis for Determining Estimated $41 /ft. $42/ft.
Construction Costs
Minimum Fee $600 min $600 min
(A-2) 3rd & Additional Preliminary Reviews $50 each $51 each 2.0
(A-3) 2nd & Additional Final Reviews $73 each $75 each 2.7
(A-4) Permit/PIan Review $10 $10 0
(A-5) Rebate Administration Charge $83 $85 2.4
(B) CONSTRUCTION INSPECTION
(8-1 ) Mainline Inspection See Table A-1 See Table A-1 7.6
(8-2) Lateral, House Connection, Side Sewer $80 each $82 each 2.5
Repair > 10ft, Alteration, Manhole
Alteration, Sewage Pump, Grease
Interceptor, Lateral Abandonment, and
Sewer Tap Inspection
(8-3) Side Sewer Repair Inspection < 10ft $12 each $12 each 0.0
(8-4) Overtime Inspection $65/hr $67/hr 3.1
Weekend/Holiday (4-hr min) $260 $268 3.1
(8-5) Overtime Inspection Credit See Table A-2 See Table A-2 0.0
(8-6) Manhole or Rodding Inlet Inspection $425 each $438 each 3.1
H :\SSC\KENDRICK\RA TESCHG .PP
ATTACHMENT I
Page 3 of 13
CENTRAL CONTRA COSTA SANITARY DISTRICT
RATES AND CHARGES
CATEGORY CURRENT PROPOSED %
RATE RATE CHANGE
(C) COLLECTION SYSTEM
(C-1 ) Initial TV Inspection: Overtime $151/hr $155/hr 2.7
WeekendlHoliday (4-hr min) $604 $620 -
(C-2) Overtime Credit $0.27/ft $0. 27/ft 0.0
(C-3) TV Rerun $200 + $200 + 2.8
$107/hr $110/hr
WeekendlHoliday (2.5-hr min) $467.50 $475 -
(C-4) TV Overtime Rerun $200 + $200 + 2.7
$1 51 /hr $155/hr
WeekendlHoliday (4-hr min) $804 $820
(C-5) Multiple TV Inspection Actual Actual
Expense Expense
(C-6) Sewer Tap Actual Actual
Expense Expense
(C-7) Dye Test $92 each $94 each 2.2
(C-8) Collection System Repair Actual Actual
Expense Expense
(C-9) TV Inspection: Noncancellation $210 each $210 each 0.0
(C-10) Lateral Abandonment Actual Actual
Expense Expense
(D) RIGHT OF WAY
(0-1 ) Segregation of LID Assessment $50/parcel $51/parcel 2.0
(0-2) Process Quitclaim Deeds $45/hr $46/hr 2.2
(3-hr min) $135 $138
(0-3) Process Real Property Agreement Actual Actual
Expense Expense
(E) MISCELLANEOUS
(E-1 ) Engineering - Private Sewer Projects Actual Actual
Expense Expense
(E-2) Soil Evaluation - Private Sewer Projects Actual Actual
Expense Expense
(E-3) Survevina $158/hr $162/hr 2.5
H:\SSC\KENDRICK\RA TESCHG .PP
--_._._,----,..,-,~.-------~,._,-----_.._._..."".,-_."_._,--_._,..._,._--,._.,...__.,---_._-----_.--_.-._--_.~-..-.-.-- .--.--.
-----r-
Page 4 of 13
ATTACHMENT I
CENTRAL CONTRA COSTA SANITARY DISTRICT
RATES AND CHARGES
CATEGORY CURRENT PROPOSED %
RATE RATE CHANGE
(F) INDUSTRIAL PERMIT FEES
(F-1 ) Class I & II Fees Base permit fee Base permit fee 3.1
of $2,415 plus of $2,489 plus
laboratory laboratory
costs of costs of
District District
analysis. analysis.
Additional Additional
charges to be charges to be
billed billed
separately if separately if
staff time staff time
incurred is incurred is
above that above that
included in the included in the
base permit base permit
fee. fee.
(F-2) Industrial User Permit Application Fee Actual Base fee of <65.0>
(formerly New Industry Permit Fee) Expense $175.
(Minimum Additional
charge $500) charges to be
billed separately
if staff time
incurred is
above that
included in the
base fee.
(F-3) Special Discharge Permit Fee
- No On-site Inspection $50 each $51 each 2.0
- On-site Inspection $279 each $287 each 2.9
(F-4) Class III Fee $267 each $275 each 3.0
H :\SSC\KENDRICK\RA TESCHG .PP
~,~------_."-------_._-"---,...__...__..__.__."~'--~."_._-_._~._----- .---
----r-
Page 5 of 13
ATTACHMENT I
CENTRAL CONTRA COSTA SANITARY DISTRICT
RATES AND CHARGES
CATEGORY CURRENT PROPOSED %
RATE RATE CHANGE
(G) SEPTAGE DISPOSAL
(G-1 ) Annual Permit Fee $1,253 each $1,291 each 3.0
(G-2) Residential Septicrroilet Waste *
< 2000 gallons $14.15 + $14.50 + 2.5
$0.099/gal $0.099/gal
> 2000 gallons $45.00 + $46.00 + 2.2
$0.099/gal $0.099/gal
(G-3) Restaurant Grease Waste * *
< 2000 gallons $14.15 + $14.50 + 2.5
$0.012/gal $0.012/gal
> 2000 gallons $45.00 + $46.00 + 2.2
$0.012/gal $0.012/gal
*
Fees include 75 percent of administrative overhead.
**
Other approved waste will be charged at the Residential Septic and Portable Toilet Waste rate unless
actual strength characteristics are provided.
H:\SSC\KENDRICK\RA TESCHG .PP
Page 6 of 13
ATTACHMENT I
CENTRAL CONTRA COSTA SANITARY DISTRICT
RATES AND CHARGES
TABLE A-'
MAINLINE INSPECTION
Length (Ft) Current Rate Proposed Rate
0- 100 $ 400 + $3.90/ft $ 430 + $4. 201ft
101 - 200 $ 470 + $3. 201ft $ 505 + $3.4O/ft
201 - 300 $ 580 + $2. 651ft $ 624 + $2.85/ft
301 - 400 $ 730 + $2.15/ft $ 785 + $2. 301ft
401 - 500 $ 850 + $1.85/ft $ 914 + $2.oo/ft
501 - 600 $ 975 + $1.60/ft $1 ,049 + $1.70/ft
601 - $1 ,065 + $1.45/ft $1,145 + $1.55/ft
TABLE A-2
OVERTIME MAINLINE INSPECTION CREDIT
Total Project Overtime Hours Overtime Creelt (Hrs)*
<4 1
>4but<8 2
> 8 but < 16 4
> 16 but < 32 6
>32 8
* To compensate the contractor for the straight-time portion of inspection time included in the Mainline Inspection
Fee.
H:\SSC\KENDRICK\RA TESCHG .PP
-----1----
Page 7 of 13
ATTACHMENT II
RATES AND CHARGES REVIEW
A-5 REBATE ADMINISTRATION CHARGE
a) Description
The Rebate Administration charge has been in effect since 1982 and is intended to reimburse
the District for the costs of establishing and managing Rebate accounts and for collecting and
distributing rebate funds. The amount of the charge has been changed in past years, however
the Rebate Administration charge has not previously been listed in the schedule of Rates and
Charges and it is appropriate that this fee be included. Currently this charge is collected with the
other District connection fees from property owners wishing to connect to the sewer main for
which the Rebate account has been established.
b) Discussion
Staff proposes increasing this charge to compensate for the cost of living increase. The
proposed change from $83 to $85 per parcel represents a 2.4 % increase in this charge. (Staff
will conduct an in-depth study during the 1997-98 fiscal year to confirm that the charge is
compensating the District for all costs and will recommend any changes for the 1998-99 fiscal
year). In addition, staff proposes collecting the Rebate Administration Charge from the owner
of the Rebate account rather than from the property owner wishing to connect to the Rebate
sewer. Staff believes it is the responsibility of the Rebate owner to pay District costs associated
with the Rebate account. This represents an administrative change, and will have no impact on
staff effort or District costs. The collection is proposed to be accomplished by deducting the
charge from rebate funds collected.
c) Recommendation
Add the Rebate Administration Charge to the District schedule of Rates and Charges. Increase
the Rebate Administration Charge from $83 to $85 per parcel.
B-1 MAIN LINE INSPECTION
a) Description
The Main Una Inspection fee is intended to reimburse the District for the expense of conducting
field inspections of developer's sewer installation projects. The fee also covers the initial
television inspection of the installed system.
b) Discussion
Last year staff recommended increasing this fee to also cover the costs of incorporating
developer project record drawings into District records, a proposed 11 percent increase. The
Board decided to implement this increase over a two year period. The increase was approved
in addition to the expected annual cost of living increase. The first part of this increase to cover
H:\DESIGN\KENDRICK\REVENUE\RA TESCHG .PP
--------1---
Page 8 of 13
ATTACHMENT II
RATES AND CHARGES REVIEW
(continued)
developer record drawings (5.5 percent) was included in the total 8 percent increase for the
1996-97 fiscal year. The second part of the increase to cover developer record drawings
(4.5 percent) is proposed to be included with a 3.1 percent cost of living increase for the
1997-98 fiscal year. The resulting 7.6 percent increase will compensate the District for the
additional costs associated with developer sewer installation projects.
c) Recommendation
Increase Main Line Inspection Fees for developer projects as shown in Table A-1 of
Attachment I.
F-2 INDUSTRIAL USER PERMIT APPLICATION FEE
(NEW INDUSTRY PERMIT FEE)
a) Description
The District incurs costs in evaluating businesses which may be classified as Industrial Users and
permitted under the District's Source Control program. The New Industry Permit Fee was
implemented to recover these costs. The current minimum fee is $500.
b) Discussion
Source Control staff has detennined that the cost of evaluating most applications is significantly
less than the current minimum fee collected. Also few of the applications reviewed result in
Class I or II Industrial Permits, leading staff to conclude that the minimum fee for review of
Industrial User Permit Applications should be reduced. Staff recommends changing the name
of the existing fee and lowering the minimum amount from $500 to a base fee of $175. The
proposed $175 Industrial User Permit Application Fee will reimburse the District for staff time
spent reviewing applications which do not result in Class I or II Industrial Permits and represents
a more equitable charge to all applicants since those requiring more than the minimum staff time
will be charged based on actual District cost.
c) Recommendation
Change the name "New Industry Permit Fee" to "Industrial User Permit Application Fee. "
Reduce the minimum fee from $500 to a base fee of $175 per application.
H:\DESIGN\KENDRICK\REVENUE\RA TESCHG .PP
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RATES AND CHARGES
. Fees for Services Provided to Contractors,
Developers, and Other Users
. Provided for Under Chapter 6 of the District
Code
. Accounts for 1.5% of the District's Annual
Revenue
. Rates and Charges Are Reviewed Yearly and
Adjusted For:
1. Cost of Living Increases
2. Analysis of the Cost of Service
. Rates and Charges Increases Not Subject to
Proposition 21 8 Requirements
H:\DESIGN\SW ANSON\RA TESCHG .OH
-----.---------- ----------------------r-
RATES AND CHARGES
1997 SCHEDULE
. Most Fees Proposed to Be Increased by 0 - 3.1 %
. Generally Rounded to Nearest Whole Dollar
. Three Fees Proposed to Be Modified Based On
a Cost of Service Review
1. Mainline Inspection Fee
2. Rebate Administration Fee
3. Industrial User Application Fee
H:\DESIGN\SW ANSON\RA TESCHG .OH
----.--..---..----.--.---- ------"'--1-
RATES AND CHARGES
REBATE ADMINISTRATION CHARGE
. Covers Costs of Administering and Collecting
Rebates Related to Sewer Mainline Extensions
. In Effect Since 1982, But Not Listed in the
Schedule of Rates and Charges
. Proposed Increase from $83 to $85
. Also Proposed to Change Who Pays Rebate
Administration Fee
H:\DESIGN\SW ANSON\RA TESCHG .OH
~
RATES AND CHARGES
MAINLINE INSPECTION FEE
. Covers Costs of Field and Television Inspection
of New Sewer Mains
. Last Year, Board Approved an Increase Over
2 Years to Cover Record Drawing Costs
· Proposed Increase:
2nd Part of
Record Drawing Cost
4.5%
Cost of Living
3.1 %
Total Increase
7.6%
H:\DESIGN\SW ANSON\RA TESCHG .OH
----------..-.-----.--.--.....,-...
RATES AND CHARGES
INDUSTRIAL USER PERMIT
APPLICATION FEE
(New Industry Fee)
. Covers Costs of Evaluating Businesses Which
May Be Industrial Users and Permitted Under
Source Control Program
. Cur.rent Minimum Charge is $500
. Actual Effort is Less Than Current Minimum
Charge
. Proposed Reduction of Minimum Charge to
$175
. Proposed Name Change to "New Industry Fee"
H:\DESIGN\SW ANSON\RA TESCHG .OH
----1--
~
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
1:lilllllllllllilillllllllllliililli:i:: BOARD MEETA~~il 17, 1997
:::::::::::::::::::::::~::::::::::::::::::::::::::::::::::;:::::::::::;:;:;:;:;:;:;:::;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:::;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:::;:::::::
Page 1 of 6
NO.
6.
BIDS AND AWARDS a.
DATE
TYPE OF ACTION
April 11, 1997
AUTHORIZE AWARD
SUBJECT
AUTHORIZE AWARD OF CONSTRUCTION CONTRACT TO J. FLORES CONSTRUCTION COMPANY, INC.
FOR THE ROSSMOOR SEWER IMPROVEMENT PROJECT, PHASE 3, DISTRICT PROJECT NO. 5196
SUBMITTED BY INITIATING DEPT tOlV
Thomas A. Trice, Senior Engineering Assistant Engineering Department/Infrastructure Division
~: On April 2, 1997, sealed bids were received and opened for construction of the Rossmoor Sewer
A-oject, Phase 3, District A-oject No. 5196. The Board of Directors must authorize award of the contract
or reject bids within 50 days of bid opening.
BACKGROUND: An agreement regarding the District taking over private sewer mains in the Rossmoor
community was approved by the Board of Directors in 1995. Under the terms of this agreement, new
manholes and rodding inlets will be constructed, and any necessary repairs will be made to the existing
sewers so that they may be accepted by the District. The construction of manholes and rodding inlets and
repairs are being planned over an eight to ten-year period that corresponds to the anticipated transfer
schedule. The projects will be financed by the allocation of a portion of the capital improvement fees paid
by the Rossmoor Developer, UOC Homes, and a portion of the sewer service charges paid by the owners
in Rossmoor. The first phase of construction was completed in 1995, and the second phase was
completed in 1996.
The plans and specifications for the third phase of the project (see Attachment 1 for map) were prepared
by District staff. The engineer's estimate for construction of Phase 3 is $430,000. This project was
advertised on March 12 and 19, 1997. Three sealed bids ranging from $493,215 to $671,671 were
received and publicly opened on April 2, 1997. A summary of bids received is shown in Attachment 2.
All bids received were higher than the engineer's estimate. This is partially due to the new requirement to
complete all work in each area within two weeks after the installation of pipe (added as a result of
discussions with Rossmoor) and the complexity of work associated with installing the new sewer pipelines
in areas with landscaping and concrete improvements. Also, the bid climate has changed, as indicated by
the small number of bids received (seven were received last year), and many contractors are busy due to
work generated by winter storm damage. Infrastructure Division staff conducted a technical and commercial
review of the bids and determined that the bid submitted by J. Flores Construction Company, Inc. is the
lowest responsive bidder.
RfVEMD AMJ IECOAWEMJED FOR BOARD ACTION
-r7'1f
AT
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INITIATING DEPARTMENTtOlVlSlON
cws
JSM
RAB
H:\PP\AUTH5196.T A T
9/16/96
':!i:~iil:!:i:I:I~~::.llllllili:i~~:I.IIII:I.IIIIII.11IIIIII1 DATE April 11, 1997
I
Page 2 of 6
SUBJECT
AUTHORIZE AWARD OF CONSTRUCTION CONTRACT TO J. FLORES CONSTRUCTION COMPANY, INC.
FOR THE ROSSMOOR SEWER IMPROVEMENT PROJECT, PHASE 3, DISTRICT PROJECT NO. 5196
The District will administer the construction contract and will provide contract administration, inspection,
survey, office engineering and shop drawing review. The funds required to complete this project, as shown
in Attachment 3, are $662,000. The total cost of the Phase 3 project is anticipated to be $692,000.
Included in this cost is $28,000 for easement preparation and evaluation by internal television inspection of
the existing sewers proposed for takeover by the District during 1997. The easement and television work
is unique to this project. Construction of the improvements to the Rossmoor sewers is included in the fiscal
year 1996-97 Capital Improvement Budget (CIB) on pages CS-69 through CS-71 . Staff has conducted a cash
flow analysis of the Sewer Construction Fund and concluded that adequate funds are available for this project.
Staff has concluded that this project is exempt from the California Environmental Quality Act (CECA) under
District CECA Guidelines, Section 18.2, since it involves only minor alterations of existing facilities with
negligible or no expansion of capacity. Board of Directors' approval of this project will constitute an
independent finding that the project is exempt from CECA.
RECOMMENDATION: Authorize award of a construction contract in the amount of $493,215 for
construction of the Rossmoor Sewer Project, Phase 3, DP 5196, to J. Flores Construction Company, Inc.,
the lowest responsive bidder.
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ROSSMOOR SEWER PROJECT
PHASE 3
1
---r-
ATTACHHENT 2
Central Contra Costa Sanitary District
SUMMARY OF BIDS
Page 4 of 6
PROJECT NO. 5196 - Rossmoor Sewer Imorovements Proiect. DATE Aoril. 2. 1997
Phase 3
LOCATION: Walnut Creek ENGR. EST. $430.000
No. BIDDER BID PRICE
(Name, telephone & address)
1 J. Flores Construction Co., Inc. (510) 532-8380 $493,215.00
1447 39th Avenue
Oakland, CA 94601
2 TGH Pipelines (415) 945-3288 $513,870.00
3 Heather Way
Larkspur, CA 94939
3 McGuire and Hester (510) 632-7676 $671,671.00
9009 Railroad Avenue
Oakland, CA 94603
4 $
5 $
6 $
7 $
8 $
9 $
10 $
1 1 $
12 $
BIDS OPENED BY d~eJ-t. ~
DATE
Aoril 2. 1997
SHEET NO. ..L OF ...1
H:\CONSTRUC\TRICE\SUM5196.FRM
----r-
Page 5 of 6
ATTACHMENT 3
ROSS MOOR SEWER PROJECT, PHASE 3
DISTRICT PROJECT NO. 5196
POST -BlD/PRECONSTRUCTlON ESTIMATE
PERCENT OF
ESTIMATED
ITEM DESCRIPTION TOTAL CONSTRUCTION
1. Construction Contract $ 493,215
(J. Flores Construction Co. Inc.)
2. Contingency at 11.5 percent 56.785
CONSTRUCTION TOTAL $ 550,000 100
3. Construction Management
. District Forces
- Construction Management $ 9,000
- Contract Administrationllnspection 46.000
SUBTOTAL CONSTRUCTION MANAGEMENT
$ 55,000 10.0
4. Consultant/Professional Services
. Material Testing $ 5,000
. Arborist 2,000
. Sewer Cleaning and Televising Service 25.000
$ 32,000 5.8
5. Engineering and Other Services During Construction
. District Forces
- Office Engineering Services $ 6,000
- Record Drawings 3,000
- Community Relations 2,000
- Surveying 5,000
- Easement Preparation 3,000
- Collection System Operations 4,000
H:\PP\AUTH5196.T A T
Page 6 of 6
PERCENT OF
ESTIMATED
TOTAL CONSTRUCTION
ITEM DESCRIPTION
· Other Services
- Legal 2.000
SUBTOTAL CONSTRUCTION ENGINEERING $ 25,000 4.5
CONSTRUCTION MANAGEMENT &
ENGINEERING TOTAL (ITEMS 4,5, & 6) $ 112,000 20.4
7. Prebid Expenditures (Planning and Design) $ 30,000
8. Total Project Cost $ 692,000 125.8
9. Funds Allocated to Date $ 30,000
10. Allocation Required to Complete Project $ 662,000
H:\PP\AUTH5196.TAT
~
Central Contra Costa Sanitary LJistrict
BOARD OF DIRECTORS Page 1 of 4
BOARD MEETING OF
April 17, 1997
NO.
8. ADMINISTRATIVE a.
DATE
TYPE OF ACTION
April 14, 1997
RENEW CONTRACT
SUBJECT
CONSIDER RENEWAL OF CONTRACT FOR LEGAL SERVICES WITH KENTON L. ALM AND SELLAR,
HAZARD, SNYDER, FITZGERALD, McNEELY & ALM FOR THE PERIOD FROM JULY 1, 1997, THROUGH
JUNE 30, 2000, AND AUTHORIZE THE BOARD PRESIDENT TO EXECUTE THE CONTRACT
SUBMITTED BY
Bonnie Allen, Risk Manager
INITIATING DEPTIDIV
Administrative/Risk Management
ISSUE: The three-year contract for legal services and Counsel for the District services of Kenton L. Aim
and the Sellar, Hazard, Snyder, Fitzgerald McNeely & Aim Law Firm is terminating on June 30, 1997. A
contract renewal requires approval by the Board of Directors.
BACKGROUND: The District has been obtaining general legal services and Counsel for the District services
of Kenton L. Aim and Sellar, Hazard, Snyder, Fitzgerald, McNeely & Aim (Firm) since 1985 by a contracted
arrangement which was approved by the District Board of Directors. The current contract has a term from
July 1, 1994, through June 30, 1997. If the Board wishes to continue the relationship with Mr. Aim and
his Firm, staff has negotiated an arrangement where fees would remain the same in the first year of the
renewed contract and modest increases in year two and three (See Attachment A) for a period of July 1,
1997, through June 30, 2000. The non-financial terms of the renewal contract remain essentially the same.
During this last contract term, the Firm agreed to undertake several new approaches to increase
effectiveness in providing legal services while attempting to hold down costs. Substantial progress has been
made in several of these areas which include:
. Use and availability of Attorney Mark Cornelius maintaining on-site office hours have been
provided at a 15 % cost reduction;
. Use of telephone conference calls has minimized travel time expense;
. Increased use of less expensive personnel within Firm on appropriate assignments has kept
costs lower than otherwise would be the case;
. Development and use of an electronic documents transfer system between Firm and District
have streamlined operation;
. Development of a more user friendly time and billing system has been implemented to better
accommodate District's needs.
BA
AND RECOIlIIIVIENDED FOR BOARD ACT10N
N
INITIATING DEPARTMENTIDIVISION
~
C:\ WPWIN\SIF\ALMPOSIT. WPD
9/16/96
------.--.--...--...--.--...----....-..-----...---...----------.-----...----..---...---..-.....-,.....
DATE
April 14, 1997
Page 2 of 4
SUBJECT
CONSIDER RENEWAL OF CONTRACT FOR LEGAL SERVICES WITH KENTON L. ALM AND SELLAR,
HAZARD, SNYDER, FITZGERALD, McNEELY & ALM FOR THE PERIOD FROM JULY 1, 1997, THROUGH
JUNE 30, 2000, AND AUTHORIZE THE BOARD PRESIDENT TO EXECUTE THE CONTRACT
Although the cost of legal services continues to be a substantial expense, the efforts of staff, coupled with
reciprocal efforts of the Firm, have produced a down-trending of general counsel legal expenses over the last
three years. (See Attachment B) Litigation expenses are, of course, more difficult to control and forecast due
to the unpredictable nature of future claims and litigation. Nonetheless, the recent resolution of several
significant pieces of litigation and the expected resolution of others suggests the possibility of a favorable
trend for claims and litigation in the immediate future. The Firm has been instrumental in the District's
recovery of reimbursement for certain legal expenses and losses incurred for those lawsuits covered under
prior insurance policies.
The proposed contract is for a term of three years; however, it may be terminated by the District or the Firm
at will during the term upon reasonable notice. The proposed contract also includes the following provision:
In the event that the incumbent Counsel for the District leaves the Firm, at the District's sole
discretion, the District has the right to continue with the Firm choosing a replacement Counsel,
continue with the Firm for specific legal services and obtain other services from other firm(s), or
terminate the contract.
From time to time the Board has considered hiring a staff attorney. The proposed contract will provide for
that contingency by the inclusion of the following provision:
Nothing contained in this contract shall preclude the District from hiring staff attorney(s) who
might perform some or all of the work that would otherwise be done by the Firm. In that event,
the contract would remain in effect for the performance of work that may be assigned to it.
RECOMMENDATION: Consider approval and renewal of the contract for District legal services and Counsel
for the District services by Kenton L. Aim and Sellar, Hazard, Snyder, Fitzgerald, McNeely & Aim for the
period from July 1, 1997, through June 30, 2000, and, if approved, authorize the Board President to execute
the contract.
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~ Central Contra Costa Sanitary District
~l....'~~ BOARD OF DIRECTORS Page 1 of 5
;:::llIllIlrll::!:!:I.I'II:':::::::'::~:!:I::::!:! BOARD MEEn;'Gprll 17, 1997
fb:::rr~~:::::::::::~~~::::;:;::::;:::::1~1:::::~t::::~j;:::;::::::t:::~~;;::i1~1~~:::::1111m:::::jf~::::::::~r~~~;:::::::::;:::::::;1t::::}1111111~11
DATE
April 11, 1997
SUBJECT
NO.
9.
ENGINEERING a.
TYPE OF ACTION
ACCEPT ANNEXATION FOR PROCESSING
AUTHORIZATION FOR P.A. 97-2 (ALAMO) AND P.A. 97-3 (ALAMO) TO BE INCLUDED IN A FUTURE
FORMAL ANNEXATION TO THE DISTRICT
SUBMITTm BY
Dennis Hall, Associate Engineer
Parcel
No.
Area
Owner/Address
Parcel No. & Acreage
Craig E. Chase, et ux
5 Gary Way
Alamo, CA 94507
198-160-002 (O.49 Ac.)
PA 97-2
Alamo
(78A6 &
77E6)
George A. Foster, et ux
7 Gary Way
Alamo, CA 94507
198-160-003 (O.49 Ac.)
Roger D. Ehlers, et ux
9 Gary Way
Alamo, CA 94507
198-160-004 (0.49 Ac.)
Kim Langley
11 Gary Way
Alamo, CA 94507
198-160-005 (0.54 Ac.)
John M. Fontius, et ux
15 Gary Way
Alamo, CA 94507
198-160-006 (O.55 Ac.)
INITIATING DEPTIDIV
Engineering Department/Infrastructure Division
Remarks
Lead Agency
Existing homes with failing
septic systems; must
connect to the public
sewer system. Properties
are within Gary Way
Contractual Assessment
District No. 97-1. Project
is exempt from CEOA.
CCCSD
INITIATING DEPARTMENTIDI\IISlON
RElAEWED AND RECOMMENDED FOR OOARD AC710N
oJ~ PH
f//f
H
JSM
H:\PP\ANNX97-2.DH
r(Pfv
RAB
8/6/96
I
III:"::::::I:::I:!.II.IIII':'::'II.IIII"IIIII'III~I.I.III.IIIIIIIII'IIII'I'..:I.I":I.!'::I~I.!I:~:::II:~IIII':IIIII.!.IIIIIIIIIIII DATE April 11, 1997
SUBJECT
Page 2 of 5
AUTHORIZATION FOR P.A. 97-2 (ALAMOl AND P.A. 97-3 TO BE INCLUDED IN A FUTURE FORMAL
ANNEXATION TO THE DISTRICT
Parcel
No.
PA 97-2
(continued)
Area
Alamo
(78A6
&
77E6)
Owner/Address
Parcel No. & Acreage
Edward P. Lindell, et ux
17 Gary Way
Alamo, CA 94507
198-160-007 (0.55 Ac.)
Ruth S. Feldman
22 Gary Way
Alamo, CA 94507
198-160-010 (0.66 Ac.l
Martin A. Parese, Jr. et ux
20 Gary Way
Alamo, CA 94507
198-160-011 (0.65 Ac.l
Robert M. Cuenin, et ux
18 Gary Way
Alamo, CA 94507
198-160-012 (0.65 Ac.l
George Alan and Lillian
Hart
16 Gary Way
Alamo, CA 94507
198-160-013 (0.65 Ac.l
Wayne K. Snyder, et ux
14 Gary Way
Alamo, CA 94507
198-160-014 (0.65 Ac.l
Charles Wright Jr., et ux
12 Gary Way
Alamo, CA 94507
198-160-015 (0.66 Ac.l
Remarks
Lead
Agency
CCCSD
Existing homes with
failing septic
systems; must
connect to the public
sewer system.
Properties are within
Gary Way
Contractual
Assessment District
No. 97-1 Project is
exempt from CECA.
1
'!!~IIIII!!~!illl!.I.II::i:!ii!I.II':i~:III:.~I:::.::::I::..::I.I..IIII.!...!!!!!!I!!!..I!I..I..::.I::..:.I.IIIIII!II!I!IIIII DATE April 11, 1997
SUBJECT
Page 3 of 5
AUTHORIZATION FOR P.A. 97-2 (ALAMO) AND P.A. 97-3 TO BE INCLUDED IN A FUTURE FORMAL
ANNEXATION TO THE DISTRICT
Parcel
No.
Area
PA 97-3
Alamo
(77E6)
Owner! Address
Parcel No. & Acreage
Joe Motta, et ux
172 La Sonoma Way
Alamo, CA 94507
198-111-030 (0.66 Ac.)
Remarks
Lead
Agency
Property owners are
abandoning their
septic tank. They
will be extending the
public sewer to their
property and
connecting to it in the
near future. Project is
exempt from CEOA.
CCCSD
RECOMMENDATION: Authorize P.A. 97-2 and P.A. 97-3 to be included in a future formal annexation.
--.----.----..--.----.-....--.-.--......---------.--..----r-
@ = PREVIOUS ANNEXATION
__ = EXISTING (((SO BOUNDARY
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* = SIGNED PETITION
PREVIOUSLY AUTHORIZED
TO BE ANNEXED
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--.-------,--
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Central Contra Costa Sanital) . District
BOARD OF DIRECTORS Page 1 of 1
BOARD MEETING OF
April 17, 1997
NO.
9. ENGINEERING b.
DATE
TYPE OF ACTION
April 14, 1997
AUTHORIZE SUBSTITUTION OF SUBCONTRACTOR
SUBJECT
AUTHORIZE THE SUBSTITUTION OF R&O MASONRY, A NEW SUBCONTRACTOR, FOR NEUMAN
MASONRY CONSTRUCTION, THE LISTED SUBCONTRACTOR, FOR MASONRY WORK ON THE
HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITY PROJECT (DP 7165)
SUBMITTED BY
Munawar Husain, Associate Engineer
INITIATING DEPTIDIV
Engineering Department, Plant Engineering Division
ISSUE: The Household Hazardous Waste Collection Facility Project general contractor, C. Overaa & Co., has
requested substitution of a subcontractor listed on its bid and contract. Board of Directors' authorization is
required for the substitution.
BACKGROUND: C. Overaa & Co. listed Neuman Masonry Construction as the subcontractor for masonry
work on its bid proposal to the District for the Household Hazardous Waste Collection Facility Project (DP
7165). Neuman Masonry Construction claims that it has run into financial problems with the Internal
Revenue Service, and the company will likely file for bankruptcy. Neuman Masonry Construction has refused
to execute the subcontractor agreement offered by C. Overaa & Co. Under these circumstances, C. Overaa
& Co. now seeks Board approval to use R&O Masonry to perform the same work.
Under California Public Contract Code, Section 4107, substitution of a listed subcontractor is permitted only
in certain situations, including situations where the subcontractor has failed or refused to sign a
subcontractor agreement. District staff has notified Neuman Masonry Construction by certified mail of the
request for subcontractor substitution by C. Overaa & Co. and has also advised them of the requirement to
notify the District in writing within five (5) work days of any objection to this proposed action. Failure to
submit timely written objections results in the original subcontractor's automatic consent to the substitution.
During a subsequent telephone conversation initiated by District staff, the owner of Neuman Masonry
Construction provided assurances that there would not be an objection to the subcontractor substitution
request. Based upon the statements made, District staff believe that the contractor's request will be
unopposed.
The awarding authority must consent to the subcontractor substitution to effect the change. In the present
instance, staff is not aware of any reason not to approve the change. The proposed substitution will not
result in any additional cost to the District or result in a delay in the project completion.
RECOMMENDATION: Authorize the substitution of R&O Masonry, a new subcontractor, for Neuman
Masonry Construction, the listed subcontractor, for work on the Household Hazardous Waste Collection
Facility Project, District Project No. 7165.
REVEWED AND RECONWfENDED FOR BOARD ACT10N
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Central Contra Costa Sanitary District
BOARD OF DIRECTORS
::(I.:.:;:;:.:::.ii.:I.:.&k:it!"I.:.:;:::.:tii~:I5:I.:.::::::;::iSr:::tI BOARD MEETING OF
:::!!:::itiR91:::!i:i:;:;:.II::!::i::::;:t::I!E::;:;:;:;;;:;;:.::::::~::::::; April 17, 1997
Page 1 of 6
NO.
9.
ENGINEERING c.
DATE
April 14, 1997
TYPE OF ACTION
CONSIDER REQUEST
SUBJECT
CONSIDER REQUEST FROM MR. GARY WEST OF THE CONTRA COSTA COUNTY NEIGHBORHOOD
PRESERVATION PROGRAM FOR A DISCOUNT OF FEES RELATIVE TO THE CONNECTION OF A HOME
AT 1010 SCOTS LANE, WALNUT CREEK
SUBMITTED BY INITIATING DEPTJDIV
Jay S. McCoy, Infrastructure Division Manager Engineering Department/Infrastructure Division
ISSUE: The District has received a letter from Contra Costa County requesting that the District grant a
discount of the connection fees for a homeowner who is receiving a loan through the County Neighborhood
Preservation Program. Staff requests guidance on how to respond to the letter.
BACKGROUND: Upon receipt of a letter from Mr. Gary West of the County Neighborhood Preservation
Program (description attached), staff obtained the following background information. Mr. Smith owns the
property at 1010 Scots Lane in the Walnut Creek area. Attached is a map showing the location of
Mr. Smith's property. Mr. Smith initiated the letter from Mr. West by applying for financial assistance
through the County Neighborhood Preservation program to improve his property. The County processes 50
to 60 applications per year. The County has had no other instances where the County has needed to
request a reduction or waiver of fees from other utilities. All previous homes have had water, gas, electric,
and telephone services.
Mr. Smith's kitchen, bathroom, plumbing, roof, and water heater are in a state of disrepair. In addition
Christmas in April (a non-profit organization that reconstructs neglected properties) will be doing landscaping
work, including repair of an existing wood retaining wall. There are two buildings on the property that have
plumbing facilities. These buildings need to be connected to the District's sewer system because the
existing septic tank is not functioning properly. The existing buildings are high enough so that gravity sewer
connections can be made into Walnut Boulevard.
Mr. Smith has qualified for a 0 percent interest deferred loan of $20,000, the maximum amount offered.
The higher the owner's equity in the property, the higher the loan amount can be. The loan will be paid off
when the property is sold.
The loan will pay for the building repairs and the sewer connection. The total cost is estimated to exceed
$20,000. The cost of the physical installation of the new sewer pipe is between $3,000 and $6,000. The
total fees due to Central Contra Costa Sanitary District for the sewer connection would be $4,849.92.
~ AND RECOMMENDED FOR BOARD ACTION
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111:11'11:.:...11..1'11111111111111111:1.11111111111111111111111 DATE April 14, 1997
I
Page 2 of 6
CONSIDER REQUEST FROM MR. GARY WEST OF THE CONTRA COSTA COUNTY NEIGHBORHOOD
PRESERVATION PROGRAM FOR A DISCOUNT OF FEES RELATIVE TO THE CONNECTION OF A HOME AT
1010 SCOTS LANE, WALNUT CREEK
SUBJECT
Past Board policy generally has been not to grant special fee discount requests. Staff has developed options
for the Board to consider in it deliberation of this request. Fee reductions that have been granted for the
Neighborhood Preservation Program by other agencies or companies are shown on the attached table.
OPTIONS
1 . Grant the request to waive fees.
2. Grant the request to reduce fees.
3. Place a lien on the property in the amount of the fees. (This would require a change to the
District Code.)
4. Have Mr. Smith sign a promissory note in the amount of the fees. The note would be paid
off when the property is sold. The note would be secured by a Deed of Trust recorded against
the property.
5. Install the new sewer for Mr. Smith at District cost as a training exercise for Collection System
Operations Department summer employees. The fees would be required to be paid in full by
Mr. Smith.
RECOMMENDATION: Provide staff with direction on how to respond to the letter from Contra Costa County.
Building Inspection Department
PROPERTY CONSERVATION DIVISION
NEIGHBORHOOD PRESERVATION PROGRAM
651 Pine Street, 4th Floor
Martinez, California 94553-0152
PCD (510) 335-1111
NPP (510) 335-1137
FAX (510) 646-4450
Contra
Costa
County
Franklin Lew C.B.O., I.E.
Director of Building Inspection
~[g@~O\W~[Q)
MAR 2 1 1997
ceeso
SECRETARY OF THE DISTRICT
RE: 1010 Scots Lane
Walnut Creek, CA
Dear Ms. Murphy:
I am writing to you on behalf of property owner Claude Smith at 1010 Scots Lane, Walnut
Creek, CA APN# 180-190-023.
Mr. Smith has applied for the Contra Costa County Neighborhood Preservation Program.
Mr. Smith is having a sanitation problem with his septic system and will need to be connected
to Central Contra Costa Sanitary District. The existing system was installed in 1938 when the
house was built. The Contra Costa County Health Department will not allow repair to tanks
and/or systems this old. The lot appears to be an existing non-conforming lot according to the
newer regulations and the septic system cannot be updated. I have suggested that connection to
the Sanitation District be performed forthwith to alleviate any future problems with his residence.
Our program assists fixed and low income elderly residents with completing code repairs on their
homes that they could not otherwise afford. These loans are subsidized by the federal
government with a low or zero interest rate to the home owner. The funds available to each
home owner is extremely limited according to the owner's equity in the property.
Because this is a federally funded program, other jurisdictions have been willing to._wave their
fees to better utilize the limited funding. Please consider waving your department's fees or
reducing the fees due to Mr. Smith's fixed income.
If you need any more information concerning this consideration, please contact me at 335-1112.
I am anticipating your response.
SLl 1/~
Gary ~
Buildi~:~ector II
cc. Claude Smith
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BOARD OF DIRECTORS Page 1 of 3
BOARD MEETING OF
April 17, 1997
NO.
12. BUDGET & FINANCE a.
DATE
TYPE OF ACTION
April 14, 1997
REVIEW SELF-INSURANCE FUND BUDGET FOR
FISCAL YEAR 1997-1998
SUBJECT
REVIEW THE FINANCIAL STATUS AND BUDGET OF THE SELF-INSURANCE FUND AND APPROVE THE
ALLOCATION OF $100,000 TO THE FUND FROM THE 1997-1998 O&M BUDGET
SUBMITTED BY
Bonnie Allen, Risk Manager
INITIATING DEPTIDIV
Administrative/Risk Management
ISSUE: The Self- Insurance Fund (SIF) is to be reviewed each year by the Board of Directors with the staff
presenting funding recommendations for the upcoming fiscal year.
BACKGROUND: The District has self-insured most of its liability and some of its property risks since July 1,
1986, when the Board approved the establishment of the Self-Insurance Fund. The SIF has effectively
funded District losses over its eleven year history and it remains financially sound.
In 1994, a new Government Accounting Standards Board Statement No. 10 (GASB-10) set forth
requirements on how public agencies must fund their self-insured risks. To assure compliance with GASB-
10, the District restructured the SIF into three sub-funds.
Each of the three (3) sub-funds were established for funding specific risks:
. SUB-FUND A: GASB-10 Actuarially-based risks. These include general liability and automobile liability
risks. Under the requirements of GASB-1 0, risks that could be actuarially studied must be funded
based on an actuarial study. General liability and automobile liability are readily studied throughout
the insurance and self-insurance world to determine funding levels for these liabilities. The District
obtained an actuarial review of its self-insured general liability and automobile liability which projected
losses for these risks. The actuarial estimate of $673,485 was designated as Actuarial Reserve for
liability of these risks and Sub-Fund A was established to insure these risks based on the
understanding that the District would procure a $10,000,000 excess liability policy with a $500,000
self-insured retention. Though $673,485 reserve was booked as a liability in the 1996-1997 budget,
the $673,485 reserve remains available in the total Self-Insurance Fund.
. SUB-FUND B: GASB-10 Non-actuarially-based risks. These included employment related and
pollution related risks. GASB-10 requires that all potential risks, including employment related and
pollution related, be adequately and soundly funded even though these risks are not actuarially
reviewed. An actuarial study was not required for these risks since losses for employment related
and pollution related risks are often predicted with less accuracy because these types of cases occur
infrequently but may result in extremely high costs and losses. With guidance from risk management
and insurance specialists, the District established Sub-Fund B at $2,450,000 to fund employment
related and pollution related risks based on the purchase of the above mentioned excess liability
insurance policy.
SA
INITIATING DEPARTMENTIDIVISION
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DATE
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Page 2 of 3
SUBJECT
REVIEW THE FINANCIAL STATUS AND BUDGET OF THE SELF-INSURANCE FUND AND APPROVE THE
ALLOCATION OF $100,000 TO THE FUND FROM THE 1997-1998 O&M BUDGET
. SUB-FUND C: Non-GASB-10 risks. The Sub-Fund covers risk management program insurance
premiums and the costs of initiating claims and lawsuits against others who have damaged the District.
The District established this Sub-Fund to finance non-GASB-10 risks under our risk management
program. Specific costs include: insurance premiums for a $10,000,000 excess liability policy; and
insurance premiums for insuring District properties for fire, explosion, flood, etc. for losses above
$500,000. This Sub-Fund should be maintained at a level to support these defined costs as well as
to cover the required $500,000 property damage self-insured retention and provide adequate funds to
replenish Sub-Fund A or B. The Sub-Fund was initially established at a level above $2,000,000. Sub-
Fund C is projected to be at a level of $1,674,241 on June 30, 1997.
Exhibit I (attached) presents a recent financial history and projection of the SIF and shows that the total
reserves are projected at $4,817,726 for June 30, 1997. This total is $368,692 less than the total SIF
reserves of $5,186,418 at the beginning of the 1996-1997 budget year.
During 1996-1997, the District experienced unusually high losses both in the area of general liability and in
the settlement of a long term pollution related case. These high costs resulted in major charges against both
Sub-Fund A and Sub-Fund B of the SIF and required the transfer of funds out of Sub-Fund C to reestablish
the funding requirements of Sub-Fund A. Despite these losses, we were successful in recovering monies from
prior insurance coverages to help offset the costs. Since several major lawsuits have been resolved, a more
normal loss experience is expected in the upcoming year as reflected in the 1997-1998 budget.
The 1997-1998 SIF budget provides for total revenues of $882,856 and total expenses of $882,500, which
will bring the projected 1997-1998 total SIF to $4,818,082 on June 30, 1998. The budgeted revenues
include an allocation of $100,000 from the 1997-1998 O&M budget to the SIF. The $100,000 allocation
would help maintain the SIF at its current funding level. Budgeted revenues also include potential recovery
of approximately $335,000 from prior insurance coverages and $238,845 to be recovered from the Central
Contra Costa Solid Waste Authority in 1997-1998 fiscal year as reimbursement of solid waste associated
legal expenses.
In summary, the funding reserves for the SIF, as established by the 1994 study, is the sum of Sub-Fund A
and Sub-Fund B which totals $3,123,485 , as well as Sub-Fund C of $1,694,597, to maintain the total SIF
at $4,818,082 on June 30, 1998. Therefore, staff recommends that $100,000 be allocated from the O&M
budget to maintain the SIF at its current level and provide prudent reserves for funding District losses.
RECOMMENDATION: Review the financial history and projection for the Self-Insurance Fund and approve the
allocation of $100,000 from the 1997-1998 O&M budget.
... ..----.--..-....--...----- ..---.-..... ........--T-
Exhibit I
CENTRAL CONTRA COSTA SANITARY DISTRICT
SELF-INSURANCE FUND (SIF)
July 1, 1993, Ending June 30, 1998
Actual Actual Actual Projected Budget
1993-1994 1994-1995 1995-1996 1996-1997 1997-1998
Revenues
SIF Allocation from O&M Fund $ 80,000 $ 80,000 $ 150,000 $ 0 $ 100,000
Subrogation Recovery 94,201 171,787 266,670 998,936 335,000
Franchise Fee 0 100,323 188,175 0 0
Reimbursement (CCCSWA) 0 0 79,911 319,644 238,845
Interest Income 290,364 268,219 262,363 225,000 209,011
Total Revenues $464,565 $620,329 $947,119 $1,543,580 $882,856
Expenses
Claims Adjusting 2,400 2,400 7,969 2,160 5,500
Insurance Consulting 0 7,296 0 7,500 0
Loss Payments 121,721 18,455 100,827 1,110,741 * 135,000
Legal Services 817,121 460,830 455,372 386,471 350,000
Technical Services 8,364 1,125 77 ,438 116,506 100,000
Insurance Premiums 66,840 75,790 275,738 288,894 292,000
Total Expenses $1,016,446 $565,896 $917,344 $1,912,272 (1 ) $882,500
Revenues Over Expenses ($551,881) $54,433 $29,775 ($368,692) $356
Reserves
Beginning of Year 5,654,091 5,102,210 5,156,643 5,186,418 4,817,726
Revenues Over Expenses (551,881) 54,433 29,775 (368,692) 356
End of Year $5,102,210 $5,156,643 $5,186,418 $4,817,726 $4,818,082
Uncommitted Reserves 4,653,173 4,483,158 4,512,933 0 0
Actuarial Reserves - GASB 10 (Fund A) 449,037 673,485 673,485 673,485 673,485
Non-Actuarial Reserves - GASB 10 (Fund B) 2,450,000 2,450,000
Non-GASB 10 Reserves (Fund C) 1,694,241 1,694,597
Total Reserves $5,102,210 $5,156,643 $5,186,418 $4,817,726 $4,818,082
Footnote (1): Total Expenses Budgeted for 1996 - 1997 is $782,500
* Includes Acme settlement of $800,350 and Leonard/Beinke settlements
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