HomeMy WebLinkAboutAGENDA BACKUP 06-05-97
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Central Contra Costa Sanitary District
BOARD OF DIRECTORS
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:::::m6::..:.: ::,:::,::::.6 :~::: ::::::mMEtlilN::::I::::: June 5, 1997
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Page 1 of 2
NO.
4.
CONSENT CALENDAR b.
DATE
May 29, 1997
TYPE OF ACTION
APPROVE QUITCLAIM OF SEWER EASEMENT
SUBJECT
QUITCLAIM TWO SEWER EASEMENTS TO JAMES C. McGEEHON, JR., WILLIAM O. McGEEHON AND
KATHERINE B. McGEEHON, JOB 1552 (MISC.), WALNUT CREEK AREA
SUBMITTED BY
Dennis Hall, Associate Engineer
INITIAliNG DEFT IDIV
Engineering Department/infrastructure Division
ISSUE: The owners of property identified as 2460 Warren Road, Walnut Creek, have requested that the
District quitclaim the subject easements.
BACKGROUND: The subject easements were granted at no cost to the District in 1974. They were created
to provide service to the parcel located to the east of the McGeehon property. This easterly property was
connected to a new public sewer located 200 feet east of the McGeehon property in 1994. The subject
easement is, therefore, no longer required and may be quitclaimed. The District's processing fee has been
paid by the owner.
Staff has concluded that this project (the proposed quitclaim) is exempt from the California Environmental
Quality Act (CEQA) under District CECA Guidelines Section 18.6, since it involves a minor alteration in land-
use limitations. Board of Directors' approval of this quitclaim will constitute an independent finding that this
project is exempt from CECA.
RECOMMENDAnON: Approve Quitclaim Deeds to James C. McGeehon, et ai, Job 1552 (Misc.); authorize
the President of the District Board of Directors and the Secretary of the District to execute said Quitclaim
Deeds; and authorize the Quitclaim Deeds to be recorded.
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QUITCLAIM SEWER EASEMENTS
JOB NO. 1552 (MISC.)
WALNUT CREEK AREA
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Central Contra Costa Sanitary District
BOARD OF DIRECTORS
lllllllllllllllilllilllllljij:lljijj::; BOARD MErnj~~e 5, 1997
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Page 1 of 2
NO.
4.
CONSENT CALENDAR c.
DATE
TYPE OF ACTION
May 21,1997
APPROVE REAL PROPERTY AGREEMENT
SUBJECT
APPROVE AGREEMENT RELATING TO REAL PROPERTY WITH KAUFMAN AND BROAD OF NORTHERN
CAUFORNIA, JOB 4670, SAN RAMON AREA
SUBMITTED BY
Dennis Hall, Associate Engineer
INITIA TlNG DEPT tOlV
Engineering Department/Infrastructure Division
ISSUE: The owners of Lot 52 of Subdivision 7216 have requested the District's approval to allow the
encroachment of a portion (one corner) of a garage over a District easement.
BACKGROUND: The subject improvement was erroneously constructed within a District easement. The
encroachment was discovered when the developer applied for a sewer connection permit. The developer
has cooperated with this District by having a licensed surveyor prepare a plot map showing the extent of
the encroachment. They have also agreed not to plant any trees within the easement. The closest point
of the encroachment is 2.92 feet from the alignment of the 8-inch, ductile-iron, sewer pipeline, which is
10 feet deep. Kaufman and Broad of Northern California has paid our fee for processing the subject
Agreement.
Staff has determined that the improvements will not interfere with the present use of our sewer. If a need
arises to excavate and repair this sewer, the excavation can be accomplished with little effect on the
existing house. The Agreement limits what may be installed in the easement in the future. The property
owner accepts the liability for any damages to District's facilities and for additional costs to the District for
maintenance and replacement of the sewer in the area of the encroachment. The property owner holds the
District free from all claims and liability for injury to persons or to their property within the easement area.
The property owner agrees not to impede the District's access to the property. The Agreement provides
for the District's emergency access.
Staff has concluded that this project (the proposed Agreement) is exempt from the California Environmental
Quality Act (CECA) under District CECA Guidelines, Section 18.6, since it involves a minor atteration in land-
use 6mitations. The Board's approval of this Agreement will constitute a determination that the project is
exempt form CECA.
RECOMMENDATlON: Approve the Agreement relating to Real Property with Kaufman and Broad of Northern
California, Job 4670; authorize the President of the Board of Directors and the Secretary of the District to
execute said Agreement; and authorize the Agreement to be recorded.
~ AND RECOMMENDED FOR BOAR) ACTION
INITIATING DEPAlITM;fSlON
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REAL PROPERTY AGREEMENT
JOB 4670
SAN RAMON AREA
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Central Contra Costa Sanitary District
BOARD OF DIRECTORS
111:11111.11111111.11::1:11.:.:.:1 BOAPDMErnJ~~e 5,1997
Page 1 of 2
NO.
4.
CONSENT CALENDAR d.
May 21, 1997
TYPE OF ACTION
ACCEPT ANNEXATION FOR PROCESSING
DATE
SUBJECT
AUTHORIZATION FOR P.A. 97-6 (ALAMO) TO BE INCLUDED IN A FUTURE FORMAL ANNEXATION TO
THE DISTRICT
SUBMITTED BY
Dennis Hall, Associate Engineer
INITIATING DEPT ",IV
Engineering Department/Infrastructure Division
Parcel
No.
Area
Owner/Address
Parcel No. & Acreage
Daniel and Sharon Cobb
187 Wayne Avenue
Alamo, CA 94507
201-030-008 (1.13 Ac.)
Remarks
Lead Agency
97-6
Alamo
(78A7)
Existing house with a
failing septic system;
must connect to the
public sewer system.
Project is exempt from
CEOA.
CCCSD
RECOMMENDATION: Authorize P.A. 97-6 to be included in a future formal annexation.
REVIEWED AN) RECOMMENJED FUR OOARD ACTKlN
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PROPOSED ANNEXATION
P.A. 97-6
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Central Contra Costa Sanitary District
BOARD OF DIRECTORS
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Page 1 of 1
NO.
4.
CONSENT CALENDAR e.
DATE
TYPE OF ACTION
May 29, 1997
SET HEARING
SUBJECT
ESTABUSH JUNE 19,1997, AT 2 P.M. AS THE DATE AND TIME FOR A PUBUC HEARING TO CONSIDER
ADOPTION OF A RESOLUTION OF NECESSITY FOR THE PURPOSE OF INITIATING ACQUISITION OF A
PUBUC SEWER EASEMENT BY EMINENT DOMAIN FOR THE CANYON LAKES COUNTRY CLUB SEWER
EXTENSION.
SUBMITTED BY
Curtis W. Swanson, Principal Engineer
INITIATING DEPT tOIV
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: Shapelllndustries of Northern California is developing a subdivision called the Country Club
at Gale Ranch. The outfall sewer for this development will be located through the Canyon Lakes Country
Club Golf Course. The District has a recorded sanitary sewer easement through the 14th fairway of the golf
course. The alignment of the existing easement is located in a hillside that is unstable. Hence, the existing
alignment is unusable.
The District, Shapell, and representatives of the golf course have been discussing obtaining a new easement
at a different location along the 14th fairway. The initial position of the golf course was that the proposed
new alignment was unacceptable. Further discussions have been productive, but final agreement has not
been reached on purchase and construction terms. Staff has informed the golf course that staff will be
pursuing a parallel eminent domain action to secure a new easement in the case that negotiations are
unsuccessful.
It is necessary for the work to be done in dry weather to limit the impact of the work on the golf course.
The adoption of a Resolution of Necessity in June will provide sufficient time to complete the majority of the
work before the onset of rain later this year.
Discussions are continuing toward reaching agreement on the acquisition of the new easement. A public
hearing is proposed for June 19, 1997, to consider a Resolution of Necessity for the purpose of initiating
eminent domain action. If discussions result in an agreement on the new easement, the hearing will not be
necessary. Staff has notified all affected property owners of the hearing, as required by law.
RECOMMENDATION: Establish June 19, 1997, at 2 p.m. as the date and time for a public hearing to
consider adoption of a Resolution of Necessity for a public sewer easement for Canyon Lakes Country Club
sewer extension.
INITIATING DEPT~
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8/6/96
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Central Contra Costa Sanitary District
ROGER J. DOLAN
GerNral Manager
ChiefEngiMer
CERTIFIED RETURN-RECEIPT MAil NO. P 588987033
KENTON l. AIM
Counsellor 1M District
($10) 938-1430
JOYCE E. MURPHY
$<<reMry of 1M District
May 29, 1997
File: 5211
Mr. Russell Dicks
General Manager
Canyon lakes Country Club
640 Bollinger Canyon Way
San Ramon, CA 94583
Dear Mr. Dicks:
NOTICE OF PUBLIC HEARING ON THE RESOLUTION OF NECESSITY REGARDING
CONDEMNATION OF PERMANENT AND TEMPORARY EASEMENTS
NEAR HOLE 14 CANYON LAKES COUNTRY CLUB;
ASSESSOR'S PARCELS NOS. 213-380-005 AND 213-390-043
Shapelllndustries of Northern California is developing a subdivision called Country Club
at Gale Ranch. The trunk sewer serving this development is proposed to be located
through and near the 14th fairway of the Canyon lakes Country Club. The trunk sewer
must be constructed and operational by January 1998 to serve the subdivision. Easement
and construction terms will be obtained through negotiations between Canyon lakes
Country Club and Shapell. If negotiations are unsuccessful, the District will proceed to
obtain the necessary easement rights through the eminent domain process.
Discussions and negotiations involving Central Contra Costa Sanitary District (District),
Shapell, and Canyon lakes Country Club have been held recently to reach an agreement
on easement costs and conditions. These negotiations appear to be progressing toward
a mutually acceptable agreement. Unfortunately, because of the number of steps and
the length of time associated with obtaining property rights by eminent domain, the
District must proceed with the initial steps for the eminent domain process to ensure that
the trunk sewer is completed and operational by January 1998.
The eminent domain process is essentially one by which the District asks the court to
provide the District property rights for a public project, in exchange for compensation
determined by a court or jury. The first step of the eminent domain process is the
adoption of a Resolution of Necessity by the District's Board. District staff will
recommend initiation of an eminent domain proceeding to the District Board of Directors
at its June 19, 1997, meeting. I understand from discussions with Tom Koch of Shapell
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Canyon Lakes Country Club
Page 2
May 30, 1997
and your attorney, Jim Tomcik, that an easement and construction agreement is
imminent. Once this agreement is reached, the District will immediately cease the
condemnation process.
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 June 19, 1997, at 2 p.m. The purpose of this
hearing is to consider information as further identified below. Staff intends to recommend
to the District's Board at the meeting on June 19, 1997, that it adopt a Resolution of
Necessity regarding condemnation to acquire easements across your property.
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.
I appreciate your efforts in working with both Shapell and the District on this difficult
issue. Please feel free to contact me at (510) 229-7336 if you have any questions.
m~L
Curtis W. Swanson
Principal Engineer
CWS:pk
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K. Aim, District Counsel
R. Hernandez
T. Koch, Shapell
J. McCoy
J. Murphy
M. Taylor, Ruggeri-Jensen Assoc.
J. Tomcik
C. Truebridge, Shapell
H:\DESIGN\SWANSON\DICKS2.L TR
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Central Contra Costa Sanitary District
BOARD OF DIRECTORS
r~ii2icKII:':':::::':':::::I':'iiilii:r:ii::A:::l5c:iS~}}}: BOARD MEETING OF
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Page 1 of 2
NO.
5. HEARINGS a.
DATE
TYPE OF ACTION
June 3, 1997
CONDUCT PUBLIC HEARING
SUBJECT
CONDUCT PUBLIC HEARINGS TO RECEIVE PUBLIC COMMENT ON THE 1997-1998 OPERATIONS AND
MAINTENANCE BUDGET AND THE SELF-INSURANCE FUND BUDGET AND FOR THE ESTABLISHMENT
OF THE 1997-1998 SEWER SERVICE CHARGE RATE AND ON PLACING THE SEWER SERVICE CHARGES
ON THE COUNTY TAX ROLL FOR COLLECTION
SUBMITTED BY
Debbie Ratcliff, Controller
INITIATING DEPTIDIV
Administrative/Finance & Accounting
ISSUE: The District Codes and State law require holding Public Hearings for the establishment of the 1997-
1998 Sewer Service Charge rates, and on placing the Sewer Service Charges on the County tax roll for
collection.
BACKGROUND: The 1997-1998 Operations and Maintenance (O&M) Budget was submitted for review at
the May 15, 1997 Board Meeting. Staff received guidance from the Board to calculate the budget revenue
on the basis of holding the Sewer Service Charge constant at the current rate of $188 for the 1997-1998
Budget, allocating $157 to fund O&M expenses, and $31 to the Sewer Construction Fund to help defray
capital expenditures.
Notice of the June 5, 1997 Public Hearings to consider changes to the current schedule of Sewer Service
Charge rates for the 1997-1998 fiscal year, and collection of the 1997-1998 Sewer Service Charges on the
County tax roll was duly given. It is recommended that two separate hearings be held to consider the
matters described.
Hearina to receive oublic convnent on the 1997-1998 Ooerations and Maintenance (O&M) Budaet and Self-
Insurance Fund Budaet. and for the establishment of the 1997-1998 Sewer Service Charae Rates:
The 1997-1998 O&M Budget and Self-Insurance Fund Budget were submitted to the Board of
Directors for initial review at the May 15, 1997 Board Meeting and the April 17, 1997 Board
Meeting respectively and are scheduled for approval at the June 5, 1997 Board Meeting.
Upon approval of the 1997-1998 O&M Budget and Self-Insurance Fund Budget and determination
of an adequate fund balance, the Board must establish the 1997-1998 Sewer Service Charge rates.
Hearina to consider collection of the 1997-1998 Sewer Service Charaes on the County tax roll:
The law requires that a Public Hearing be held each year before the Sewer Service Charge can be
placed on the County tax roll. The Sewer Service Charge has been collected on the County tax roll
since inception of the service charge in 1976. Collection on the tax roll provides the most
economical and efficient means for the District to collect the charges for approximately 98,000
accounts.
ND RECOM/llElllDED FOR BOARD ACTION
DR
INITIATING DEPARTMENTIDIVlSlON
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5 :\ADMIN\POS P A PER\ O&MS ELF. PP
9/16/96
DATE
May 21, 1 997
Page 2 of 8
SUBJECT
CONDUCT PUBLIC HEARING S TO RECEIVE PUBLIC COMMENT ON THE 1997-1998 OPERATIONS AND
MAINTENANCE BUDGET AND THE SELF-INSURANCE FUND BUDGET AND FOR THE ESTABLISHMENT OF
THE 1997-1998 SEWER SERVICE CHARGE RATE AND ON PLACING THE SEWER SERVICE CHARGES ON
THE COUNTY TAX ROLL FOR COLLECTION
Effective with the 1982-1983 fiscal year, Contra Costa County imposed a fee for collecting the Sewer Service
Charge on the tax roll. The County fee, which approximates $80,500 annually, is still more economical than
the alternative of direct billing by the District.
RECOMMENDATION: Conduct two separate Public Hearings and upon their respective conclusions, take the
following actions, if considered appropriate:
. Approve the 1997-1998 Operations and Maintenance Budget and Self-Insurance Fund Budget and
approve an ordinance establishing the 1997-1998 Sewer Service Charge rate schedule which is based
on a residential rate of $188.
. Approve a resolution authorizing collection of the 1997-1998 Sewer Service Charges on the County tax
roll.
ORDINANCE NO.
AN ORDINANCE ESTABLISHING THE SEWER SERVICE
CHARGES TO BE BILLED BY THE CENTRAL CONTRA
COSTA SANITARY DISTRICT TO ALL CUSTOMERS FOR 1997-1998
WHEREAS, Central Contra Costa Sanitary District (District) has previously
developed and instituted a Sewer Service Charge Program to finance yearly operations and
maintenance (O&M) of the District and a portion of the costs of facilities upgrade and
replacement (upgrade/replacement); and
WHEREAS, the District has reviewed the present 1996-1997 Sewer Service Charge
rate schedule and has determined that the Residential Sewer Service Charge rate and the
non-residential Sewer Service Charge rates should remain unchanged for the 1997-1998
fiscal year; and that living units served by the West Branch Pumping Station be required
to pay an additional $14.60 for 1997-1998; and living units served by the Lawrence-
Leema Road Pumping Station be required to pay an additional $86 for 1997-1998.
THEREFORE, BE IT ORDAINED by the Board of Directors of the Central Contra
Costa Sanitary District as follows:
The 1997-1998 rates for Sewer Service Charges for users of the District system
for the fiscal year beginning July 1, 1997, and continuing thereafter until further action
of the Board of Directors, shall be as follows:
Upgrade/ 1997-1998
Residential Billina Unit Reolacement O&M Rates
Single Family Dwellings Living Unit $ 31.00 $157.00 $188.00 per year
Mobile Home Living Unit $ 31.00 $157.00 $188.00 per year
Townhouses Living Unit $ 31.00 $157.00 $188.00 per year
INFRA-H:\SSC\KENDRICK\SEWCHRGS.ORD
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Upgradel 1997-1998
Residential Billing Unit Reolaeement O&M Rates
Condominium Units Living Unit $ 31 .00 $157.00 $188.00 per year
Multi-Family Units Living Unit $ 31.00 $157.00 $188.00 per year
Residential Living Units Living Unit $31.00 $171.60 $202.60 per year
served by West Branch
Pumping Station
Residential Living Units Living Unit $31.00 $243.00 $274.00 per year
served by lawrence-
leema Road Pumping
Station
Upgradel 1997-1998
Commercial Billino Unit Reolacement O&M Rates
Bakeries 100 cubic $ .79 $4.016 $4.806
feet
Markets with garbage 100 cubic $ .60 $3.026 $3.626
disposals feet
Mortuaries 100 cubic $ .56 $2.866 $3.426
feet
Restaurants 100 cubic $ .58 $2.986 $3.566
feet
All Others 100 cubic $ .28 $1 .456 $1 .736
feet
Minimum Charge Account $32.34 $163.66 $196.00 per year
Industrial
loading
Volume Million $958.00
gallons
BOD 1000 $400.00
pounds
55 1000 $286.00
pounds
Demand Million $115,159.00
gallons per
day
Minimum Charge Account $196.00 per year
INFRA-H:\SSC\KENDRICK\SEWCHRGS.ORD
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Upgradel 1997-98
Institutional Billing Unit ReDlacement O&M Rates
Churches 100 cubic $ .28 $1.456 $1.736
feet
Schools 100 cubic $ .28 $1.456 $1.736
feet
Fraternal & Service 100 cubic $ .28 $1.456 $1.736
Organizations feet
local & State 100 cubic $ .28 $1.456 $1.736
Institutions feet
Other Tax Exempt 1 00 cubic $ .28 $1.456 $1 .736
(Except Federal) feet
Federal Institutions 1 00 cubic $ .28 $1.456 $1 .736
feet
Utilities with Special 1 00 cubic $ .28 $1.456 $1.736
Tax Status feet
Independent living 1 00 cubic $ .28 $1.456 $1.736
Facilities, Rest Homes, feet
& Convalescent
Hospitals
Minimum Charge Account $ 32.34 $163.66 $196.00 per year
The Board of Directors independently finds that this action is categorically exempt
from the California Environmental Quality Act (CEQA) pursuant to Section 15273 (a) (1),
(3) and (4) of the State CECA Guidelines because these rates are being established for the
purpose of meeting operating expenses, meeting financial reserve needs and requirements,
and obtaining funds for capital projects necessary to maintain service within existing
service areas.
This ordinance shall be published once in the Contra Costa Times~ a newspaper of
general circulation, and circulated within the Central Contra Costa Sanitary District, and
shall be effective July 1, 1 997.
INFRA-H:\SSC\KENDRICK\SEWCHRGS.ORD
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PASSED AND ADOPTED this 5th day of June, 1997, by the District Board of the
Central Contra Costa Sanitary District by the following vote:
AYES:
Members:
NOES:
Members:
ABSENT:
Members:
COUNTERSIGNED:
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
Secretary of the Central Contra
Costa Sanitary District, County
of Contra Costa, State of California
Approved as to Form:
Kenton L. Aim
District Counsel
INFRA-H:\SSC\KENDRtCK\SEWCHRGS.ORD
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RESOLUTION NO.
A RESOLUTION DIRECTING THAT THE 1997-1998
SEWER SERVICE CHARGES BE
COLLECTED ON THE COUNTY TAX ROLL
WHEREAS, the District has previously developed and instituted a Sewer Service
Charge Program for services and facilities furnished by the District to finance yearly
operations and maintenance of the District; and
WHEREAS, the Sewer Service Charge is collected through a direct charge to the
users; and
WHEREAS, the District Code provides that the District may elect to collect current
and delinquent charges on the tax rolls as provided by Sections 5470 and following of the
Health & Safety Code; and
WHEREAS, it is considered to be economical and efficient to continue the existing
practice and collect the Sewer Service Charges for the 1997-1998 fiscal year on the
County tax roll;
NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Central
Contra Costa Sanitary District, that the 1997-1998 Sewer Service Charges are to be
collected on the County of Contra Costa tax roll.
INFRA-H:ISSCIKENDRlCKISEWCHRGS.RES
Resolution No.
Page 2
PASSED AND ADOPTED this 5th day of June 1997 by the District Board of the
Central Contra Costa Sanitary District by the following vote:
AYES:
Members:
NOES:
Members:
ABSENT:
Members:
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
COUNTERSIGNED:
Secretary of the Central Contra Costa
Sanitary District, County of Contra Costa,
State of California
Approved as to Form:
Kenton L. Aim
District Counsel
INFRA-H:ISSC\KENDRICKISEWCHRGS.RES
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Central Contra Costa Sanitary District
BOARD OF DIRECTORS
1IIIIIIIIIIIIIIIIIllllllllll:IIIIII:::II:!I:::I:I:I.:1:1::: BOARD MEETING OF
Page 1 of 8
SUBJECT
NO.
10.
ENGINEERING a.
DATE
June 2, 1997
TYPE OF ACTION
CONSIDER REPORT; ADOPT FINDINGS
ADOPT THE FINDINGS OF THE PROPOSITION 218 COMPLIANCE REPORT
SUBMITTED BY
Russell B. Leavitt, Planning Assistant
INITIATING DEPT IDIV
Engineering/Planning
ISSUE: By July 1, 1997, the District's existing assessments, fees, and charges must be in compliance
with the provisions of Proposition 218, "The Right to Vote on Taxes Act" (November, 1996). Staff has
prepared for Board consideration a report documenting the District's compliance with this Act.
BACKGROUND: Proposition 218 requires local agencies to allow greater public review and, in some
cases, voter approval of certain property-related fees, charges, and assessments. The use of such
revenue sources is restricted to property-related services rather than general government services. In
addition to imposing requirements for the approval of new or increased fees, charges, and assessments,
Proposition 218 also contains new criteria to be met by existing fees and charges by July 1, 1997.
Adoption of the recommended findings of the attached report is warranted to create an administrative
record of the District's compliance with Proposition 218.
To determine the applicability of Proposition 218 and the action steps needed for compliance, a thorough,
internal review of all District revenue sources was conducted earlier this year by a task force consisting
of Deputy Chief Engineer Bob Baker, Controller Debbie Ratcliff, Infrastructure Division Manager Jay
McCoy, Planning Division Manager Doug Craig, Principal Engineers Jarred Miyamoto-Mills and Curt
Swanson, Planning Assistant Russ Leavitt, Administrative Analyst John Mercurio, and District Counsels
Kent Aim and Mark Cornelius. Existing and anticipated revenue sources were reviewed and classified
into categories according to the extent of Proposition 218 applicability and need for future study or action.
The task force concluded that some revenue sources are unaffected by Proposition 218 because they
are not fees, charges, or assessments; some are exempt from Proposition 218 because of exclusions in
the law; a few may be subject to Proposition 218' s requirements; and the remainder required additional
study. The Board of Directors was briefed on these results at the March 20, 1997, Board meeting.
Following the Board briefing and further study, staff prepared the attached Proposition 218 Compliance
Report. The report identifies Proposition 218'5 applicability to each of the District's existing revenue
sources and documents District compliance with Proposition 218's criteria. The report also identifies the
action steps needed to enact new or increased fees, charges and assessments, and recognizes that
further reviews of Proposition 218's requirements will be needed before any future increases in fees,
charges, and assessments due to expected legislative and judicial clarifications of this new law.
RECOMMENDATION: To document District compliance with Proposition 218, it is recommended that the
Board adopt the findings of the Proposition 218 Compliance Report.
REVEWED AND RECOIVUVlENDED FOR BOARD ACTION
DJC
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INITIATING DEPARTMENTIDI\I1Sl0N
9/16/96
CENTRAL CONTRA COSTA SANITARY DISTRICT (CCCSD)
PROPOSITION 218 COMPLIANCE REPORT
June 2, 1997
BACKGROUND AND PURPOSE
Proposition 218 (November, 1996) requires local agencies to allow greater public review
and, in some cases, voter approval of certain property-related fees, charges, and
assessments. The use of such revenue sources is restricted to property-related services
rather than general government services. In addition to imposing requirements for the
approval of new or increased fees, charges, and assessments, Proposition 218 also
contains new criteria to be met by existing assessments, fees and charges by July 1,
1997.
The purpose of this report is to document:
I) Proposition 218's applicability to the District's existing revenue sources;
II) compliance with Proposition 218's criteria for existing fees and charges; and
III) Proposition 218's requirements for enacting new or increased fees, charges, and
assessments.
DETERMINATIONS
1. PROPOSITION 218'S APPLICABILITY TO DISTRICT REVENUE SOURCES
Existing District revenue sources were reviewed and classified into three categories
according to the extent of Proposition 218 applicability:
1. Revenue sources which are unaffected by Proposition 218 because they are not
fees, charges, or assessments.
2. Revenue sources which are exempt from Proposition 218.
3. Existing fees, charges, and assessments which are subject to Proposition 218
criteria.
1
The review followed the attached flowchart from the League of California Cities
entitled, "How to Comply With Proposition 218" (see Exhibit A). The following
presentation groups the revenue sources by applicability category.
1. Not Fees. Charges. or Assessments. Proposition 218 applies only to fees, charges,
and assessments. Therefore, the following reimbursements and non-service revenue
sources are not subject to the requirements of Proposition 218:
A. Caltrans reimbursement for sewer construction near freeway
projects
B. Interest income
C. Lease/rental income
D. Subrogation recovery from insurance or legal action
E. Reimbursements from other agencies, developers, or industries
for Planning/Engineering studies
F. Source Control fines
G. Stormwater Program payments from County/Cities
H. Ad valorem property taxes
2. Exempt. An assessment is exempt from Proposition 218 if the assessment was
existing on November 6, 1996; AND
- it is used exclusively for sidewalks, streets, sewers, water, flood control,
drainage systems, or vector control; OR
- it was approved by all property owners; OR
- it is used exclusively to repay bonded debt; OR
- it received majority voter approval.
Generally, fees and charges that are property-related are not exempt from Proposition
218. However, fees and charges that are non-property-related OR triggered by
property development (e.g., the extension of sewer facilities) are exempt.
The following fees, charges, and assessments meet these exemption requirements:
A. City of Concord Capital Charge
B. All existing Local Improvement District assessments
C. Collection System Fees - dye test, TV inspection, sewer tap, etc.
D. Construction Inspection Charges
E. Development and Plan Review Fee
F. Inspections - Mainline, side sewer repair, manhole, etc.
G. Engineering, Soil Evaluation, and Surveying Fees
H. Right-of- Way Fees - quitclaims, real property agreements
1. Side Sewer Inspections
J. City of Concord Sewer Service Charge
K. Recycled Water Service Charge - Retail
L. Industrial Permit Fees
2
M. New Industry Permit Fees
N. Septic Tank Dumping
O. Special Discharge Permit
P. Annexation Charges
Q. Capacity Use Charge
R. Facilities Capacity Fee
S. Pumped Zone Fee
T. Rebates to District
3. Subject To Proposition 218 Criteria. The only existing revenue source which
appears to be subject to the Proposition 218 criteria for existing fees and charges is the
annual Sewer Service Charge, which includes the capital increment and may include
a pollution prevention surcharge and a pumping station operation and maintenance
charge.
Anticipated judicial or legislative clarifications of this new law may result in the need
to redesignate some of the exempt fees, charges, and assessments (particularly those
which are development-related) as also being subject to Proposition 218 criteria. Their
status will be reviewed when any increase in these fees, charges, and assessments is
proposed.
II. PROPOSITION 218 CRITERIA FOR EXISTING FEES AND CHARGES
The Sewer Service Charge has been examined to ensure it meets the required
Proposition 218 criteria for an existing fee or charge. The following discussion presents
the criteria and the rationale for finding the Sewer Service Charge to be in compliance.
1. Revenues derived from the fee or charge shall not exceed the funds required to
provide the property related service. Sewer Service Charge revenues do not exceed the
funds required to provide sewer service. During each fiscal year's budget preparation,
the District estimates sewer service and capital improvement costs, as well as prudent
reserve levels. The net cost of service is then determined by subtracting other
anticipated revenues from the estimated expenses and reserve requirements. Finally,
a Sewer Service Charge revenue target is established to cover this net cost of service.
2. Revenues must be used for pUlllose for which the fee or charge was imposed. Sewer
Service Charge revenues are used only for operation and maintenance of the sewer
system (collection, treatment, and disposal), replacement and upgrade of capital
facilities, and implementation of the pollution prevention program. These are the
purposes for which the Sewer Service Charge has been imposed.
3. The amount imposed shall not exceed the proportional cost of the service. The
Sewer Service Charge rate does not exceed the proportional cost of service because the
net cost of service (funded by the Sewer Service Charge) is annually apportioned over
the number of Residential Unit Equivalents (RUE) projected to use the sewer system
3
during the fiscal year. An RUE is a quantitative measure of sewage volume and
strength equivalent to a typical residential household. RUEs are calculated for each
property use category (residential, commercial, industrial, and institutional) so that
the charge is proportional to the cost of service. Factors such as biochemical oxygen
demand (BOD), total suspended solids (TSS) and flow are taken into account using a
methodology commonly used throughout the wastewater industry.
4. The service funded by the charge must be actually used or immediately available
to the property owner (standby charges are classified as assessments). The only
properties subject to the Sewer Service Charge are those actually connected to the
sewer system.
5. No fees or charges for general governmental services which are available to the
public at large in substantially the same manner as they are to the property owner.
The Sewer Service Charge is used for providing sewer service, which is not a general
governmental service since it is only available to property owners.
III. PROPOSITION 218 ACTION STEPS FOR NEW OR INCREASED FEES.
CHARGES. AND ASSESSMENTS
For new or increased fees and charges that are subject to Proposition 218 (such as the
Sewer Service Charge), additional conformance criteria and noticing, hearing, and
approval procedures must be followed:
1. The fee or charge must conform to the following Proposition 218 criteria:
A. Revenues derived from the fee or charge shall not exceed the funds
required to provide the property related service.
B. Revenues must be used for the purpose for which the fee or charge was
imposed.
C. The amount imposed shall not exceed the proportional cost of the
serVIce.
D. The service funded by the charge must be actually used or immediately
available to the property owner (standby charges are classified as
assessments).
E. No fees or charges for general governmental services.
2. The fee or charge must be identified by parcel.
3. Written notice must be mailed to parcel owners (could be included in CCCSD's
Pipeline newsletter).
4
4. A public hearing must be held.
5. Written protest by a majority of parcel owners prevents enactment of the new or
increased fee or charge.
6. For water, sewer, or refuse collection, no public vote is required. (For other
property-related fees or charges, the approval procedure includes majority vote
of property owners or two-thirds vote of electors in the affected area.)
For new or increased assessments (such as the pending Gary Road Contractual
Assessment District), Proposition 218 includes requirements for:
1. Preparing a professional engineer's report to estimate the amount of special
benefit received by landowners.
2. Setting proportional assessment charges.
3. Mailing notices and mail-in ballots to affected property owners.
4. Holding a public hearing.
5. Tabulating the ballots with results weighted in proportion to the amount of
assessment each property owner would pay. A majority vote of support is
required to impose the assessment.
FINDINGS
Based on the determinations made in this report, all of the following findings may be
made:
1. The only existing revenue source that appears to be subject to the Proposition 218
criteria for existing fees and charges is the annual Sewer Service Charge.
2. The Sewer Service Charge meets the required Proposition 218 criteria for an
existing fee or charge.
3. All other District revenue sources appear to be unaffected by or exempt from
Proposition 218.
5
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BOARD OF DIRECTORS
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:tifi.jS......;~;:....;~;;......lj:i:i:iS,i~*i~..i#)f.i$:j:tjIji BOARD MEETlJNG OF 5 1997
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Page 1 of 9
NO.
10.
ENGINEERING b.
DATE
May 30, 1997
TYPE OF ACTION
COMPLETE DISTRICT ANNEXATION 137
SUBJECT
ORDER COMPlETION OF DISTRICT ANNEXATION 137, WINDEMERE RANCH BOUNDARY
REORGANIZATION, SAN RAMON AREA
SUBMITTED BY
Dennis Hall, Associate Engineer
INITlA TING DEPT tDtV
Engineering Department/Infrastructure Division
JSSU.E: A resolution by the District's Board of Directors must be adopted to finalize District Annexation 137.
BACKGROUND: On August 27, 1996, Windemere Ranch Partners (WRP) filed with the Local Agency
Formation Commission (LAFCO) a request for a Boundary Reorganization and Sphere of Influence (S.O.l.)
update for a 2,319 acre property WRP owns in Dougherty Valley, known as Windemere Ranch. On April 9,
1997, LAFCO held a hearing to consider WRP's request. During the public hearing, LAFCO reviewed and
considered the Environmental Impact Report (EIR) that was prepared by Contra Costa County. LAFCO
approved WRP's request for annexation to CCCSD and to Dublin San Ramon Services District (DSRSD) and
amended this District's 5.0.1. to include the subject territory and adjacent territory located to the west of
Windemere Ranch known as Gale Ranch II. LAFCO designated CCCSD to be the Conducting Authority and
authorized CCCSD to conduct the annexation proceedings without notice and hearing because the territory
is uninhabited and has 1 00 percent land owner consent.
This District Annexation has been conditioned by LAFCO. WRP is required to present evidence to LAFCO's
Executive Officer that WRP has funded the purchase of its permanent water entitlement. If evidence of such
funding, satisfactory to the Executive Officer, is not presented within 12 months of the date of LAFCO's
approval (April 9, 1997), the reorganization will terminate and not become effective. This condition also
appears in the District's resolution.
As Conducting Authority, CCCSD must make findings regarding the environrrental impacts of the proposed
Boundary Reorganization if this District Annexation is to be finalized. The project EIR addressed the water
and wastewater service irrpacts and mitigation measures associated with developrrent of the Windemere
Ranch project. Copies of the relevant EIR sections have been made available for CCCSD Board of Directors'
review. Staff has reviewed this EIR and concluded that the impacts of this Boundary Reorganization were
addressed in sufficient detaU to allow Board consideration of this issue.
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INITlA TlNG DEPARTMENT ,QVlSlONs
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H:\PP\DA 137 .DH
9/16/96
ii:i:.:iii:!i!iiii:i.lillllilii:ii.I_I::!iiii:::!ili:i:.11 DATE May 30, 1997
I
Page 2 of 9
SUBJECT
ORDER COMPLETION OF DISTRICT ANNEXATION 137, WINDEMERE RANCH BOUNDARY
REORGANIZATION, SAN RAMON AREA
A staff presentation on the Boundary Reorganization and the planning process for sewering the Dougherty
Valley will be provided at the Board meeting.
RECOMMENDAllON: Adopt a resolution certifying a review of information, adopting California Environmental
Quality Act findings, and ordering completion of District Annexation 137.
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DISTRICT ANNEXATION NO. 137
WINDEMERE RANCH BOUNDARY REORGANIZATION
SAN RAMON AREA
2523-1/87
RESOLUTION NO. 97-
A RESOLUTION ORDERING THE ANNEXATION OF TERRITORY
CONTAINED IN DISTRICT ANNEXATION NO. 137
(WINDEMERE RANCH BOUNDARY REORGANIZATION)
TO CENTRAL CONTRA COSTA SANITARY DISTRICT AND
TO DUBLIN SAN RAMON SERVICES DISTRICT
WHEREAS, on August 27, 1996, Windemere Ranch Partners filed a Boundary
Reorganization proposal with the Executive Officer of the Contra Costa County (County)
Local Agency Formation Commission (LAFCO) pursuant to Title 5, Division 3,
commencing with Section 56000 of the Government Code; said proposal consisted of the
concurrent annexation of :t 2,319 acres to the Central Contra Costa Sanitary District
(CCCSD) and Dublin San Ramon Services District (DSRSD); and
WHEREAS, LAFCO held a public hearing on the Boundary Reorganization proposal
on April 9, 1997. At said hearing, LAFCO heard and received all oral and written protests,
objections, and evidence which were made, presented, or filed, and all persons present
were given an opportunity to hear and be heard with respect to the proposal and the
report of the Executive Officer of LAFCO; and
WHEREAS, LAFCO reviewed and considered the Environmental Impact Report (EIR)
prepared by County as lead agency for environmental review pursuant to the provisions
of the California Environmental Quality Act (CEQA), and LAFCO found that mitigation
measures specified in the EIR are within the responsibility and jurisdiction of agencies
other than LAFCO; and
H:\PLANREVW\GREGORY\RESOL 137 .97
1
WHEREAS, on April 9, 1997, LAFCO approved the Boundary Reorganization
proposal, which included annexation of the affected territory (Windemere Ranch), to
CCCSD and DSRSD subject to the terms and conditions included within LAFCO's
Resolution No. 96-24; said LAFCO Resolution No. 96-24 is by this reference incorporated
herein, in full; and
WHEREAS, LAFCO designated the CCCSD Board of Directors as the Conducting
Authority and authorized CCCSD to conduct subsequent Boundary Reorganization
proceedings pursuant to LAFCO's Resolution No. 96-24, without notice and hearing;
WHEREAS, the reasons for CCCSD to complete this Boundary Reorganization
(District No. 137) are:
1 . The property owners have petitioned LAFCO for annexation to both CCCSD
and DSRSD.
2. LAFCO has designated CCCSD to be the most logical wastewater utility
service provider for this area, and DSRSD has been designated the most logical water
service provider.
3. These properties are within the spheres of influence of CCCSD and DSRSD,
as previously determined by LAFCO.
H:\PlANREVW\GREGORY\RESOL 137 .97
2
4. Septic tank systems would be inadequate given the densities of planned
development of the area and would pose a public health risk.
5. It is the requirement of CCCSD that properties must be annexed to receive
wastewater utility service (CCCSD Standard Specifications for Design and Construction,
1 993 edition, Section 3-07).
WHEREAS, the EIR addressed annexation of the project to CCCSD and DSRSD; and
WHEREAS, the EIR identified that the tunnel alternative for transporting wastewater
out of the project area was environmentally superior to the construction of a Dougherty
Valley pumping station; and
WHEREAS, the CCCSD Board of Directors, acting as the Conducting Authority and
as a Responsible Agency under the California Environmental Quality Act, certifies that it
has reviewed and considered the information contained in the EIR relevant to this District'
Annexation; and
WHEREAS, pursuant to LAFCO's Resolution No. 96-24, prior to the LAFCO
Executive Officer's filing of the Certificate of Completion, and to further the purpose of
establishing the rights, priority, and/or capacities of water for the annexing territory
(Gov. C. 56844(j)), DSRSD or Windemere Ranch Partners (WRP) shall present evidence
to the LAFCO Executive Officer that WRP has funded the purchase of its permanent water
entitlement in a manner satisfactory to DSRSD. If the evidence of such funding,
H:\PlANREVW\GREGORY\RESOL 137 .97
3
satisfactory to the LAFCO Executive Officer, is not presented within 1 2 months of the
date of LAFCO approval, the reorganization will terminate and not become effective.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED THAT:
SECTION 1. The CCCSD Board of Directors independently finds that the
extension of water and wastewater services to the Dougherty Valley (an area not
currently located within any water or wastewater service district) would create significant
short-term construction impacts, as well as project-level and cumulative impacts on water
supplies, wastewater system capacity, and the need for new facilities. These significant
impacts can be reduced to less-than-significant levels through implementation of the
mitigation measures required of the project by Contra Costa County (the Lead Agency).
Implementation of the wastewater mitigation measures (annex the project; collection of
fees to mitigate the cost of facility expansion projects; adoption of the tunnel alternative
if geotechnical, design, and economic issues can be resolved; and implementation of
standard construction mitigation) is the responsibility of CCCSD. The water-related
mitigation measures are within the responsibility and jurisdiction of another public agency
(DSRSD) and not the agency making this finding (CCCSD). CCCSD staff shall file a Notice
of Determination in compliance with CEQA Guidelines, Section 15096(1).
SECTION 2. Pursuant to the Cortese/Knox Local Government Reorganization Act
Government Code Section 56000, the territory described in Exhibit "A" of LAFCO
Resolution No. 96-24 is hereby annexed to CCCSD and to DSRSD, subject to all of the
terms and conditions specified in LAFCO Resolution No. 96-24 and subject to the codes,
H:\PLANREVW\GREGORY\RESOL 137 .97
4
ordinances, rules, regulations, service charges, bonded indebtedness, and contractual
obligations of CCCSD and DSRSD. The regular County assessment roll will be utilized to
assess all affected properties.
SECTION 3. The agreements for exchange of property tax revenues for the parcels
of land within the subject District Annexation are in place.
SECTION 4. The Secretary of the CCCSD shall deliver six certified copies of this
Resolution to the Executive Officer of the LAFCO.
H:\PLANREVW\GREGORY\RESOL 137 .97
5
PASSED AND ADOPTED this 5th day of June, 1997, by the Central Contra Costa
Sanitary District Board of Directors by the following vote:
AYES:
MEMBERS:
NOES:
MEMBERS:
ABSENT:
MEMBERS:
COUNTERSIGNED:
Joyce E. Murphy
Secretary of 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 Aim
District Counsel
H:\PLANREVW\GREGORY\RESOL 137 .97
6
~.
l,entral Contra Costa Sanitary District
BOARD OF DIRECTORS Page 1 of 2
BOARO MEETING OF
June 5, 1997
NO.
10. ENGINEERING c.
DATE
TYPE OF ACTION
May 30, 1997
AUTHORIZE AGREEMENT AMENDMENT
SUBJECT
AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AMENDMENT TO AN EXISTING
AGREEMENT WITH G. S. DODSON AND ASSOCIATES TO COMPLETE THE DESIGN OF THE LIME
INJECTION SYSTEM IMPROVEMENTS PROJECT (DP 7169)
SUBMITTED BY
Ba T. Than, Associate Engineer
INITIATING DEPT/DIV
Engineering Department/Plant Engineering Division
ISSUE: Authorization by the Board of Directors is required for the General Manager-Chief Engineer to
execute an amendment to an existing professional services agreement when a new amendment will make
the cumulative total of the contract exceed $50,000.
BACKGROUND: Lime is routinely added to the plant influent to prevent formation of clinkers (molten ash
lumps) in the furnace. Incidentally, the lime is helpful in limiting copper levels in the ash. In the past, dry
lime was injected upstream of the primary sedimentation process. A Dewatering Process Redesign Team
(PRT) was formed to conduct a pilot study to investigate alternative improvements to the existing lime
system. The PRT investigated the type of lime used, the injection location, and system configurations.
Based on this pilot study, modifications to the lime process were identified that will produce benefits
including improved sludge dewatering, reduced centrifuge vibrations, and improved furnace operations. Two
major modifications to the existing system were identified including injection location and type of lime used.
The PRT had tested and discovered that by relocating the injection location to the sludge dewatering process
(from the primary sedimentation process), lime consumption was reduced by about fifty (50) percent. The
annual savings in chemical purchases is estimated at $70,000. It was found that the relocation of the lime
injection point has a negligible effect on the performance of other plant processes or on the effluent
discharge quality. Another modification involved the substitution of dry lime with hydrated lime slurry, which
can reduce the system maintenance cost because the dry lime conveying system requires a regular and
intensive maintenance schedule. Based on the pilot study, the PRT recommended installing a permanent
lime system to inject hydrated lime slurry to the sludge dewatering process to replace the existing system.
A professional engineering design contract in the amount of $47,000 had been awarded to G. S. Dodson
and Associates (GSDA) to prepare plans and specifications for the construction of a permanent lime
injection system based on the process recommended by the PRT. Durir.g the design review, several
additions and improvements were recommended by staff to save costs, to provide a more reliable operating
system, and to protect the secondary biological treatment process in the event of major lime spills. The
major recommendations include eliminating the lime mixing pumps, reducing spill containment structure
REVEWED AND RECOMMENDED FOR BOARD AC710N
B
WLB
WEB
RAB
INITIATING DEPARTMENT/DIVISION
l>TT
PED\L:\PP\ 7169COST .BTT
9/16/96
DATE
May 30, 1997
Page 2 of 2
SUBJECT
AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AMENDMENT TO AN EXISTING
AGREEMENT WITH G. S. DODSON AND ASSOCIATES TO COMPLETE THE DESIGN OF THE LIME
INJECTION SYSTEM IMPROVEMENTS PROJECT (DP 7169)
dimensions, diverting lime spills into an existing centrate day tank, and installing pH probes to control lime
injection dosages. These changes were made in the design after the scope was agreed upon, necessitating
additional compensation to the designer. However, these changes will result in a cleaner, simplified design
with improved access for maintenance. Staff has reviewed the additional design cost submittal of $36,000
from GSDA and determined that this cost will be sufficient to complete the design work. The design
changes will save an estimated $30,000 to $45,000 in construction cost. This will bring the total design
cost to about $83,000.
RECOMMENDATION: Authorize the General Manager-Chief Engineer to execute an amendment in the
amount of $36,000 to the existing agreement with G. S. Dodson and Associates to complete the design of
the Lime Injection System Improvements Project (DP 7169).