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Home My WebLink AboutAGENDA BACKUP 11-06-97 ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS 11111111111_.1.::1:.:11111.11:1:1:1:1 BOARD MEETI~~~ember 6, 1997 Page 1 of 4 NO. 4. CONSENT CALENDAR a. DATE TYPE OF ACTION October 9, 1997 ACCEPT GRANTS OF EASEMENTS SUBJECT ACCEPT GRANTS OF EASEMENTS FROM THREE PROPERTY OWNERS FOR THE PLEASANT HILL RELIEF INTERCEPTOR PROJECT, D.P. 4985 SUBMITTED BY Ricardo Hernandez, Engineering Assistant INITIATING DEPTIDIV Engineering Dept./lnfrastructure Div. .ISS.U.E: Board approval is required for the District to accept Grants of Easements. BACKGROUND: The subject Grants of Easements are part of the continuation of right of way acquisition for future phases of the Pleasant Hill Relief Interceptor. These easements are being acquired from private property owners to accommodate the Interceptor and recycled water distribution lines. Maps depicting the easements are attached. Appraisals were prepared by a licensed real estate appraiser hired by the District to determine the value of the proposed easements. Based on comparable sales of similar land and the impact of the proposed easements on the value of the existing lands, the just compensation amounts for permanent sanitary sewer and recycled waterline easements have been paid to the following owners: John F. Malczyn and Joanne P. Malczyn Betty J. Labate and Sheryn M. Labate James Paul Miller 101 Moiso Lane 11 9 Moiso Lane 113 Moiso Lane $1,500 $1,500 $1,900 Funds for the purchase of right of way are included in the authorized Pleasant Hill Easement Acquisition Project, DP 4985. This project was addressed in the 1991 Pleasant Hill/A-Line Environmental Impact Report and the 1993 Recycled Water Pipeline Project Negative Declaration. No additional environmental documentation is required. RECOMMENDATION: Accept Grants of Easements from John F. Malczyn and Joanne P. Malczyn, Betty J. Labate and Sheryn M. Labate, and James Paul Miller, and authorize staff to record said Grants of Easements with the Contra Costa County Recorder. ~ RH w ~ TJP JSM RAB i ; j I I -.JJ 0- .~ i I , i I .....1 ; '.1 ! ., : 5- "0 g ~ .. ./ on 0) 0> .. ~ ~ '. " ;; DRAWN BY: 3; DRS ~ SCALE: 1"=30' .-...,/'-'y"-- ,/" ',-- / "," CENTRAL coNt ' RIGHT / ~\ ARY DISTRICT I SEWER GREGORY LN ~ "';;" . ,.::-:-:: i i " ',: ! " r-MA-~CZYN I . 1/4/2.3 O.R. 1/6 I ' I i '.. I A.P.N. 150-170-066 , , :.....h......! il44\ i "\:..J I ! I ........................"........,..................................1 ~ o en o 119.3"21" (Jl (Jl <D <D 20' SANITARY .... SEWER . i EASEMENT i ....................,,;...... ~ j 1 j t.. j.l- t: ;' I .1, \i : (1 I >-1 I ."; ..'.vi (:::1 - 130.21' r Z j. r...-.......-..................................................J 1 i 1 ' j [-.-----a.-.--..-.................--............................! ....,i \'......--.. ! , , , , , . "...................-.........; ~ N ~ >< 'i -....j (Jl o o ..~../ .~.... >1 't .."j h.. Ii I '>.( ~. i'" /\ 0 30 60 FEET CHECKED BY: RH DATE: 10-14-97 THOMAS BRO.: 4787 co. ASSMT. NO.: 150-170-066 JOB NO.: 4985 PARCEL NO.: 44 r..........' l...........i ,..........7'/.. /""'':;:' /, " )'". CENTRAL coNfl .... ' RIGHT / ......\ : . fRY DISTRICT . ," SEWER " '." . ~r .....,... .........~:.:~:~::.:::~.:....... ..' >< "I" il,' I r........-........................, " : ! I '-f...............3::fGRAYSON ! 1, i I CREEK EASEME1T I ; I ..~... ! L........._..~g' ~~, ~. :..I.r...-'lIEAS..~~~~l ;,1......."..."...."..........".."..,./... ...........';\.:.. r.......~:...7-~............._......j.,,:I' I.'> 20' SA~!JARY : rL...._..J~~F{ _~~ENT ?~ ...... " k:r,+..j,r I '--....-1 i I I ,r (/IIM~~ I.."'" ,_..........................1 f; .,.' >:'. " ,.........~<........~ -.;. ::.,i.:::.: ;:::-",""""Yi'\38"'GRAYSON^ CREEK EASEMENT ..-:1'........_..M.......M....MM..1 ,.........Ll j ':1 i '\i j.. ..-.-.j ; ; I r..-.................."'.'.! I I .."...~......'l ~"''''l f ! ; .J ":. .," ~" .'......... L........L ..! i ! ~- I....... [~::::] I l.~ Z ....J 0 C/) 0 ~ ~ N , 50 100 FEET c '" 'D U o iD <t / '" co '" <t ~ ", ~ ~ .. ; DRAWN BY: DRS SCALE: 1"=50' CHECKED BY: RH DATE: 10-15-97 THOMAS BRO.: 4787 CO. ASSMT. NO.: 150-170-007 JOB NO.: 4985 PARCEL NO.: 46 .' ~~\ ~RY DISTRICT ./. SEWER /......_<,::=....,-/' CENTRAL caNt' RIGHT / f . " "'1 '1.::.::;:;,--.1 L-...........................l {'I," : r............................".1 I i I I ! i I ! I j irE""'" lJ"""1 " \: Ii""""'"'''' ..~ .,,,.,:;':. :................;::..".~.,.;::.:y':i38'..GRAYsON.-:.' .4. I.... r J ..I CREEK EASEMENT'! rd.....L..__........""j......"...... [.51".................................1.. ',.:' 12QlSANITARyl', . I r........-............j ...........;.:,1 S~ER'EAS :MENl; IF:?!!I'" ...' ! ,...........L...J I......"......, ~-: ~/i .. i.~;!I~,. ij AP~~:~;~o~l "j.. .. 1;0;, ......I,.~.'....,....i!I....,.............,I...1 ",il.:....:..., 11,,--, 147\ r ..."................"......................., k3.,.. I j ! '\:.J :::::::::::::::::::.::::::..........., ......;.......... !il~lrl'....'i.......l:..!:.....~!t::::I.................... ,............, p...........:.:.'...............l I ,1',: I I:: ~ i ;+ if! [ ! I II I ," I . ! I..................,,:' I. I..... !:/7r+TJ-r - ~ .. I .. I': /I 'I I" I' I ,........,.............l ! ! I J / ~.. r I I 'l \ ~ ~ r::.~..~h...... I" If"l/ I' I I j. I ,1: I . . \' \ i &~~~ ~~~}t~,\~z?~---c; n I '-1 I , ~''''''I L._. "I i I \ \ Z --l o C/) o ~ ~ N c '" " J o " "" / "' <Xl 0> "" / ~ ~ ~ 9 DRAWN BY: DRS SCALE: 1"=50' CHECKED BY: RH DATE: 10-15-97 THOMAS BRO.: 4787 CO. ASSMT. NO.: 150-170-008 JOB NO.: 4985 PARCEL NO.: 47 ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS .11:11111.11111111.1111111111: BOARD MErn~~~ember 6, 1997 Page 1 of 2 NO. 4. CONSENT CALENDAR b. DATE TYPE OF ACTION October 27, 1997 ACCEPT ANNEXATION FOR PROCESSING SUBJECT AUTHORIZATION FOR P.A. 97-11 (DANVILLE) TO BE INCLUDED IN A FUTURE FORMAL ANNEXATION TO THE DISTRICT SUBMITTED BY Dennis Hall, Associate Engineer INITIATING DEPT ttllV Engineering Department/Infrastructure Division Parcel No. Area Owner/Address Parcel No. & Acreage Hillary A. Swiggett 1 56 Leona Court Alamo, CA 94507 Mailing Address: P.O. Box 574 Danville, CA 94526 APN: 201-010-018 (0.83 Ac.) Remarks Lead Agency 97-11 Danville (78A6) Existing house with a failing septic system; must connect to the public sewer system. Project is exempt from CECA. CCCSD Neil and Alexandra Deeman 1 01 Leona Court Alamo, CA 94507 201-010-011 (0.59 Ac.) Existing house with a failing septic system; must connect to the public sewer system. Project is exempt from CECA. RECOMMENDATION: Authorize P.A. 97-11 to be included in a future formal annexation. JSM RAB INITIATING DEPARTMEN;~\S10N DH ;1//7/ iffP PROPOSED ANNEXATION P.A. 97-11 ~. Central Contra Costa Sanitary District BOARD OF DIRECTORS .... ............. .... . .............. ." ............................. ~:;::::'t;lIII:..::::..:::~...I,i~I:::::::I!:~~::I!I:..::::::JII..:::::..::::::::::::::: BOARD MEEllNG OF ~:~:~:;IiItIB::::f~:::f~:::::.'I:~:~:~:It.mL::::::::::::::~:~:~:::::~:r~:r November 6, 1997 Page 1 of 1 NO. 4. CONSENT CALENDAR c. DATE TYPE OF ACTION October 28, 1997 AUTHORIZE SITE VISIT SUBJECT AUTHORIZE DON BERGER, ASSOCIATE ENGINEER, STEVEN COLBERG, SHIFT SUPERVISOR, AND DAVID HOLLENBACH, MAINTENANCE TECHNICIAN III, MECHANICAL, TO CONDUCT A SITE VISIT TO FERN LEY, NEVADA, TO VIEW NEW ASH FILTER TECHNOLOGY AT A TOTAL COST OF $600 SUBMI1TED BY Don E. Berger, Associate Engineer INITIATING DEPTIDIV Engineering Department/Plant Engineering Division ISSUE: Approval by the Board of Directors is required for travel outside California. BACKGROUND: In May 1997, Montgomery Watson completed a predesign study for the Ash System Improvements Project, District Project 7186. This study recommended replacing the existing ash filter and cyclone system with a new cartridge filter-based system. The cartridge filters appear to have a number of advantages over the existing system, which utilizes a conventional filter media sock installed over a cage. These advantages include longer filter life, better capture of dust, easier removal and cleaning, and smaller space requirements. The new filters are designed to operate without cyclones, which reduces the complexity of the system and also saves space in an area which is crowded and difficult to access. Before making a final decision on the cartridge filters, it would be prudent to visit a cartridge filter installation and talk first hand with operations and maintenance staff. The closest installation with similar process conditions to the District's is a diatomaceous earth plant in Fern ley , Nevada. The trip participants would consist of Don Berger, Associate Engineer, Steve Colberg, Shift Supervisor, and David Hollenbach, Maintenance Technician III, Mechanical. The information learned on this trip would provide important information for design as well as for future operations and maintenance activities. The budget for the Ash System Improvements Project, District Project 7186, has funds available to cover the cost of this trip. It is expected that the site visit would occur during the month of November 1997. RECOMMENDATION: Authorize Don Berger, Associate Engineer, Steve Colberg, Shift Supervisor, and David Hollenbach, Maintenance Technician III, Mechanical, to conduct a site visit to Fernley, Nevada, to view new ash filter technology at a total cost of $600. REVIEWED AND RECOMMENDED FOR BOARD ACTION DEB WEB INITIATING DEPARTMENTIDIVISION f)t2~ lNIe L:\Position Papers\Berger.Sitevisit.11 '97 .wpd 9/16/96 ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS Page 1 of 15 !!llill~llilll:llllllll:II!!!I!II:II:I:I:::i!II:lll~!1ill!~IIIIIIIII!ill:illli!:li:. BOARD MEETN~;ember 6, 1 997 NO. 5. HEARINGS a. DATE TYPE OF ACTION October 29, 1997 CONDUCT PUBLIC HEARING; ADOPT RESOLUTIONS; AUTHORIZE AGREEMENT; ALLOCATE FUNDS 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 LEONA COURT PARCEL OWNERS; AND AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO ALLOCATE $58,000 FROM THE COLLECTION SYSTEM PROGRAM CONTINGENCY ACCOUNT IN CONJUNCTION WITH THE DEMONSTRATION PROJECT - LEONA COURT CONTRACTUAL ASSESSMENT DISTRICT NO. 97-2, DISTRICT PROJECT NO. 5240 SUBMITTED BY Jay S. McCoy, Infrastructure Division Mgr. INITIATING DEPTIDIV 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 Leona Court Contractual Assessment District No. 97-2 (C.A.D. No. 97-2). BACKGROUND: A group of four parcel owners living on Leona Court 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 400 feet of 8-inch sewer main that will serve the proponents' four 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 August 7, 1997, the Board of Directors adopted a resolution directing the preparation of a report for a demonstration project known as Leona Court C.A.D. No. 97-2. A report has been prepared, and assessments have been estimated. (The Engineer's Report is being provided to the Board under separate cover.) On September 18, 1997, the Board of Directors set a public hearing for November 6, 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 Leona Court C.A.D. No. 97-2, 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. INITIATIN;.BfPAR7~~ JSM H:\JA Y\LEONACD2\CONDHRNG .PP. wpd 9/16/96 DATE October 29, 1997 Page 2 of 1 5 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 LEONA COURT PARCEL OWNERS; AND AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO ALLOCATE $58,000 FROM THE COLLECTION SYSTEM PROGRAM CONTINGENCY ACCOUNT IN CONJUNCTION WITH THE DEMONSTRATION PROJECT - LEONA COURT CONTRACTUAL ASSESSMENT DISTRICT NO. 97-2, DISTRICT PROJECT NO. 5240 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. DATE October 29, 1997 Page 3 of 1 5 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 LEONA COURT PARCEL OWNERS; AND AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO ALLOCATE $58,000 FROM THE COLLECTION SYSTEM PROGRAM CONTINGENCY ACCOUNT IN CONJUNCTION WITH THE DEMONSTRATION PROJECT - LEONA COURT CONTRACTUAL ASSESSMENT DISTRICT NO. 97-2, DISTRICT PROJECT NO. 5240 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 The agreement has been executed by all four affected parcel owners. 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 $58,000 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 $68,000. Staff has concluded that this project is exempt from the California Environmental Ouality Act (CEOA) under District CEOA Guidelines, Section 5.2(b)(3), since it can be seen with certainty that there is no possibility that the activity in question may have a significant adverse effect on the environment. This certainty is based on the District's past experience with numerous similar sewer construction projects, the developed nature of the project environment, and the limited service area of the project (no potential for growth inducement). Board of Directors' approval of the Engineer's Report will constitute an independent finding that this project is exempt from CEOA. 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. DATE October 29, 1997 Page 4 of 1 5 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 LEONA COURT PARCEL OWNERS; AND AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO ALLOCATE $58,000 FROM THE COLLECTION SYSTEM PROGRAM CONTINGENCY ACCOUNT IN CONJUNCTION WITH THE DEMONSTRATION PROJECT - LEONA COURT CONTRACTUAL ASSESSMENT DISTRICT NO. 97-2, DISTRICT PROJECT NO. 5240 . 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-Chief Engineer to execute an agreement with the Leona Court parcel owners. · Authorize the General Manager-Chief Engineer to allocate $58,000 from the Collection System Program Contingency Account for the Leona Court C.A.D. No. 97-2, District Project No. 5240. "A" ~ o 100 FEET Central Contra Costa Sanitary District PLAN OF IMPROVEMENT LEONA COURT CONTRACTUAL ASSESSMENT DISTRICT C.A.D. NO. 97-2 ~ .. '" S!! ~ EXHIBIT B RESOLUTION NO. RESOLUTION OVERRULING PROTESTS DEMONSTRATION PROJECT LEONA COURT CONTRACTUAL ASSESSMENT DISTRICT NO. 97-2 The Board of Directors of the Central Contra Costa Sanitary District resolves: On November 6, 1997, the Board of Directors held a public hearing on the Resolution of Intention and the Engineer's Report on the proposed improvement in Leona Court Contractual Assessment District No. 97-2. At or before the time set for hearing, certain interested persons made or may have made protests or objections to the proposed improvement, the extent of the Contractual Assessment District, or the proposed assessment. The Board hereby overrules each of these protests, written or oral. The Board finds that the protest against the proposed improvement (including all written protests not withdrawn in writing before the conclusion of the protest hearing) is made by the owners of less than one half of the area of the land to be assessed for the improvement. H:\JA Y\LEONACD2\CONDHRNG .doc PASSED AND ADOPTED this 6th day of November, 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\LEONACD2\CONDHRNG .doc EXHIBIT C RESOLUTION NO. RESOLUTION CONFIRMING COMPLIANCE WITH CALIFORNIA CONSTITUTION, ARTICLE XIIID, SECTION 4 DEMONSTRATION PROJECT LEONA COURT CONTRACTUAL ASSESSMENT DISTRICT NO. 97-2 The Board of Directors of the Central Contra Costa Sanitary District resolves: 1. The Board set 2 p.m. on November 6, 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 XIIID of the California Constitution, as amended by Proposition 218, commonly known as the "Right to Vote on Taxes Act," notice of the proposed assessment was provided to all owners of affected parcels within the District, which notice contained a ballot whereby each owner could indicate support or opposition to the proposed assessment. 3. At the time and place for which notice was given, the Board of Directors conducted public hearing, pursuant to California Constitution, Article XIIID, Section 4, and gave every person present an opportunity to comment on and object to the amount of the proposed assessment. H:\JA Y\LEONACD2\CONDHRNG .doc 4. The Board finds that less than a majority of parcel owners who returned ballots, weighted by financial obligation, opposed the proposed assessment. PASSED AND ADOPTED this 6th day of November, 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\LEONACD2\CONDHRNG .doc EXHIBIT 0 RESOLUTION NO. RESOLUTION APPROVING ENGINEER'S REPORT AND ASSESSMENT AND ORDERING IMPROVEMENT DEMONSTRATION PROJECT LEONA COURT CONTRACTUAL ASSESSMENT DISTRICT NO. 97-2 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 - Leona Court Contractual Assessment District No. 97-2, 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\LEONACD2\CONDHRNG .doc The improvement is generally described as follows: Construction and installation of approximately 400 linear feet of sanitary sewer line, together with appurtenant work and facilities located at Leona Court in Alamo, California. 3. The Board called a hearing of protests on the Leona Court Contractual Assessment District No. 97-2. 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. H:\JA Y\LEONACD2\CONDHRNG .doc 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. Number Document or Event Oatil or Action a. Resolution of Intention 08/07/97 97-141 b. Resolution Approving Boundary Map 09/04/97 97-150 c. Boundary Map Filed with County 09/04/97 Filed Recorder d. Certificate of Mailing 10/14/97 Dated Notice of Improvement e. Certificate of Posting 10/14/97 Dated Notice of Improvement f. Affidavit of Publication 10/14/97 Dated of Notice of Improvement 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. H:\JA Y\LEONACD2\CONDHRNG .doc 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. 11 . The Board independently finds that this project is exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines, Section 5.2(b)(3), since it can be seen with certainty that there is no possibility that the activity in question may have a significant adverse effect on the environment. This certainty is based on the District's past experience with numerous similar sewer construction projects, the developed nature of the project environment, and the limited service area of the project (no potential for growth inducement). H:\JA Y\LEONACD2\CONDHRNG .doc PASSED AND ADOPTED this 6th day of November, 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\LEONACD2\CONDHRNG .doc .5.U.MJVIARY OF PROJECT COSTS Construction Construction Contingency Engineering District Services Reserve Fund TOTAL Less Previous Allocation Requested Allocation H:WA Y\LEONACD2\CONDHRNG .doc EXHIBIT E $48,300 8,118 5,000 3,805 2.777 $68,000 < 10.000> $58,000 ~ Central Contra Costa Sanitary District ~e\J'\se& BOARD OF DIRECTORS ~t~::::::.::~<::<.:::;:~:~::lllllllllll.1111111111 BOARD MEETI~~~ember 6, 1997 Page 1 of 7 NO. 7. BIDS AND AWARDS a. DATE TYPE OF ACTION November 5, 1997 AUTHORIZE AWARD SUBJECT AUTHORIZE THE AWARD OF A CONSTRUCTION CONTRACT TO BAY CITIES PAVING AND GRADING, INC. BY THE CITY OF MARTINEZ FOR SEWER RELOCATION AS PART OF THE PACHECO BOULEVARD IMPROVEMENTS PROJECT, DP 4950 SUBMITTED BY Curtis W. Swanson, Principal Engineer INITIATING DEPTIDIV Engineering Departmentllnfrastructure Division ISSUE: Board of Directors' authorization to award a joint construction contract is required under an agreement with the City of Martinez (City). BACKGROUND: The City of Martinez is planning to improve a section of Pacheco Boulevard between Susanna Street and Potter Street in Martinez (see Attachment 1). The road improvements include replacement of sidewalks and gutters, widening of the roadway, installation of a new water main, and undergrounding of various overhead utilities. Construction of the road improvement will extend for approximately one year. TIle timing and location of the City's road improvement project coincides with sewer replacement planned by the District as part of the Martinez East Side Trunk Sewer Project. To avoid conflicts between the City and District contractors and to reduce construction impacts on the residents along Pacheco Boulevard, the District approved an agreement on July 17, 1997, to construct a portion of the replacement sewer as a joint project with the City of Martinez Pacheco Boulevard Improvement Project. Approximately 3,500 feet of 6-, 8-, 12-, and 15-inch sewer will be constructed under the joint project. Under the agreement, the City will administer and manage the construction project. The District must approve award of the sewer portion of the construction contract before award by the City. The plans and specifications for the sewer portion of the joint project were prepared by District staff. The engineer's estimate for the sewer construction is $534,400. This project was advertised on September 18 and 25, 1997. Ten sealed bids were received and publicly opened by the City on October 23, 1997. The bids for the sewer portion ranged from $379,703 to $743,290. A summary of bids for the sewer portion and total construction contract is shown in Attachment 2. Infrastructure Division staff conducted a technical and commercial review of the bids and determined that Bay Cities Paving and Grading, Inc. of Concord is the lowest responsible bidder. Rf\IEt\B) AM) RECOMMEMJED FOR BOARD ACTION RA8 M> H:\PP\Aprv Agreement Mtz.cws.wpd 9116196 1111111111'111'11.llil.IJltlll~lllllllliiilllilllll DATE November 5, 1997 Page 2 of 7 SUBJECT AUTHORIZE THE AWARD OF A CONSTRUCTION CONTRACT TO BAY CITIES PAVING AND GRADING, INC. BY THE CITY OF MARTINEZ FOR SEWER RELOCATION AS PART OF THE PACHECO BOULEVARD IMPROVEMENTS PROJECT, DP 4950 Under the joint project agreement, the City of Martinez will be responsible for project bidding and construction management. For these services, the District will reimburse the City for 16.67 percent of the construction management and administration costs. The District will be responsible for the sewer construction costs and will provide construction staking, sewer construction inspection, and design services during sewer construction. The funds required to complete this project are $615,000. The total cost of this project is $710,000. A summary of project costs is shown in Attachment 3. Staff has concluded that the District's portion of this project is exempt from the California Environmental Quality Act (CEOA) under District CEOA Guidelines, Section 18.3, since it involves replacement of existing public sewage facilities on the same sites as the facilities being replaced with negligible or no expansion of dry-weather capacity. Board of Directors' previous approval on July 17, 1997, of the District's portion of this project constituted an independent finding that this project is exempt from CEOA. The Martinez East Side Trunk Sewer Project is described on pages CS-40 through CS-42 of the 1997-98 Capital Improvement Budget. RECOMMENDAll0N: Authorize award of a construction contract to Bay Cities Paving and Grading, Inc. by the City of Martinez for sewer construction as part of the Pacheco Boulevard Improvements Project, DP 4950. c ~ -0 ..- .... o ... .. .<= ... o Co ..- "" o on ..- o on ... .. ..- .. :- '0 ... ~ Central Contra Costa Sanitary District o .... 6 .... oo ~ ~ ~ Z-..-.. ".1.S." MARTINEZ SCHOOL DISTRICT CJUHlOfI ""'" SCHOOlJ PROJECT AREA PACHECO BLVD IMPROVEMENTS DP 4950 ATTACHMENT 1 ATTACHMENT 2 Central Contra Costa Sanitary District SUMMARY OF BIDS PROJECT NO. 4950 - Pacheco Boulevard Sewer Imorovements DATE October 23. 1997 LOCATION: Martinez ENGR. EST. $534.382 / $3.124.000 No. BIDDER BID PRICE (Name. telephone & address) (The first fi(pes irdcate the sewer portion of the project. The second fi(pes irdcate the total contract Drice.) 1 Bay Cities Paving/Grading. Inc. $ 379,703.00 5029 Forni Drive $2,522,454.45 Concord. CA 94520 51 0-687-6666 FAX: 510-687-2122 2 North Bay Construction. Inc. $ 613,913.10 431 Paylan Street $2,670,894.80 Petaluma, CA 94955-6004 707-763-2891 FAX: 707-765-6417 3 McGuire & Hester $ 420,881.00 9009 Railroad Avenue $2,810,000.00 Oakland. CA 94603 510-632-7676 FAX: 510-562-5209 4 Joe Carone. Inc. $ 577,877.03 2294 Vista Del Rio $2,974,726.01 Crockett, CA 94525 510-787-7283 FAX: 510-787-3216 5 Ghilotti Construction $ 743,290.00 246 Ghilotti Avenue $2,980,024.82 Santa Rosa, CA 95407 707-585-1221 FAX: 707-585-1601 6 Maggiora & Ghilotti $ 567,855.00 555 DuBois Street $3,124,727.00 San Rafael, CA 94901 415-459-8640 FAX: 415-459-2065 7 RGW Construction, Inc. $643,675.00 43801 Osgood Road $3,185,161.00 Fremont, CA 94539 510-490-1'070 FAX: 510-651-4546 Bids Opened by: (City of Martinez) Date: October 23. 1997 Page 1 of 2 No. BIDDER BID PRICE (Name. telephone & address) (The first f9ns lrdcate 1he sewer portion of 1he project. The second f9ns indicate the total contract Drice.) 8 Diablo Contractors $420,880.00 One Crow Canyon Court. Suite 210 $3,193,541 .00 San Ramon. CA 94583 510-552-8250 FAX: 510-552-8254 9 Hess Construction Co.. Inc. $691,390.00 4484 Hess Drive $3,215,881.00 American Canyon. CA 94589 707-552-7931 FAX: 707-552-3988 10 Ghilotti Brothers Construction. Inc. $? (incomplete bid) 525 Jacoby Street $2,867,140.00 San Rafael. CA 94901 415-454-7011 FAX: 415-454-8376 Bids Opened by: (City of Martinez) Date: October 23. 1997 Page 2 of 2 ATTACHMENT 3 PACHECO BOULEVARD SEWER PROJECT DISTRICT PROJECT NO. 4950 POST-BlD/PRECONSTRUCTlON ESTIMATE PERCENT OF ESTIMATED ITEM DESCRIPTION TOTAL CONSTRUCTION 1. Construction Contract $379,703 (Bay Cities Paving and Grading, Inc. 2. Mobilization/Signage Joint Bid Item 13,798 3. Curb/Sidewalk Restoration 17,125 4. Contingency at 20 percent 89.374 CONSTRUCTION TOTAL 500,000 100 5. Construction Management City of Martinez ", . Construction Management/Administration $ 17,500 (District share at 16.67%) Public Notification 2,500 . District Forces Project Management $ 7,000 Project Administration/Inspection $ 53,000 SUBTOTAL CONSTRUCTION MANAGEMENT $ 80,000 16.0 6. ConsultantlProfessional Services . Material Testing $ 5,000 . Geotechnical 10.000 $ 15,000 3.0 7. Engineering and Other Services During Construction . District Forces Office Engineering Services $ 5,000 Record Drawings 2,600 Community Relations 1,500 Surveying 6,100 Collection System Operations 1,000 Miscellaneous/Permits ',300 Field Office Support 500 . Other Services Legal 2QQQ SUBTOTAL CONSTRUCTION ENGINEERING $ 20,000 4.0 CONSTRUCTION MANAGEMENT & $115,000 23.0 ENGINEERING TOTAL (Items 5, 6, and 7) 8. Prebid Expenditures (Planning and Design) $ 95,000 9. Total Project Cost $710,000 142.0 10. Funds Allocated to Date $ 95,000 11. Allocation Required to Complete Project $615,000 ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS 1111111\11.11111111.111111111:[ BOARDMEETI~~~ember 6,1997 Page 1 of 7 NO. 7. BIDS AND AWARDS a. DATE TYPE OF ACTlON October 29, 1997 AUTHORIZE AWARD Sl&JECT AUTHORIZE THE AWARD OF A CONSTRUCTION CONTRACT TO BAY CITIES PAVING AND GRADING, INC. BY THE CITY OF MARTINEZ FOR SEWER RELOCATION AS PART OF THE PACHECO BOULEVARD IMPROVEMENTS PROJECT, DP 4950 SU8MlTTED BY Curtis W. Swanson, Principal Engineer INIllA TlNG DEPT IDIV Engineering Department/Infrastructure Division ISSUE: Board of Directors' authorization to award a joint construction contract is required under an agreement with the City of Martinez (City). BACKGROUND: The City of Martinez is planning to improve a section of Pacheco Boulevard between Susanna Street and Potter Street in Martinez (see Attachment 1). The road improvements include replacement of sidewalks and gutters, widening of the roadway, installation of a new water main, and undergrounding of various overhead utilities. Construction of the road improvement will extend for approximately one year. The timing and location of the City's road improvement project coincides with sewer replacement planned by the District as part of the Martinez East Side Trunk Sewer Project. To avoid conflicts between the City and District contractors and to reduce construction impacts on the residents along Pacheco Boulevard, the District approved an agreement on July 17, 1997, to construct a portion of the replacement sewer as a joint project with the City of Martinez Pacheco Boulevard Improvement Project. Approximately 3,500 feet of 6-, 8-, 12-, and 15-inch sewer will be constructed under the joint project. Under the agreement, the City will administer and manage the construction project. The District must approve award of the sewer portion of the construction contract before award by the City. The plans and specifications for the sewer portion of the joint project were prepared by District staff. The engineer's estimate for the sewer construction is $534,400. This project was advertised on September 18 and 25, 1997. Ten sealed bids were received and publicly opened by the City on October 23, 1997. The bids for the sewer portion ranged from $397,903 to $743,290. A summary of bids for the sewer portion and total construction contract is shown in Attachment 2. Infrastructure Division staff conducted a technical and commercial review of the bids and determined that Bay Cities Paving and Grading, Inc. of Concord is the lowest responsible bidder. IlE\IEl1BJ AND RECOIt#rENOED FOR BOARD ACTION JSM RAB j1/Jf ~ H:\PP\Aprv Agreement Mtz.cws.wpd 9/16/96 III.!:::::::::..::.::':':":..~:::;:::::!;::~'!IJIIIII1111111'1.llllllllllilllllllll DATE October 29, 1997 Page 2 of 7 SUBJECT AUTHORIZE THE AWARD OF A CONSTRUCTION CONTRACT TO BAY CITIES PAVING AND GRADING, INC. BY THE CITY OF MARTINEZ FOR SEWER RELOCATION AS PART OF THE PACHECO BOULEVARD IMPROVEMENTS PROJECT, DP 4950 Under the joint project agreement, the City of Martinez will be responsible for project bidding and construction management. For these services, the District will reimburse the City for 16.67 percent of the construction management and administration costs. The District will be responsible for the sewer construction costs and will provide construction staking, sewer construction inspection, and design services during sewer construction. The funds required to complete this project are $630,000. The total cost of this project is $725,000. A summary of project costs is shown in Attachment 3. Staff has concluded that the District's portion of this project is exempt from the California Environmental Quality Act (CEOA) under District CEOA Guidelines, Section 18.3, since it involves replacement of existing public sewage facilities on the same sites as the facilities being replaced with negligible or no expansion of dry-weather capacity. Board of Directors' previous approval on July 17, 1997, of the District's portion of this project constituted an independent finding that this project is exempt from CEOA. The Martinez East Side Trunk Sewer Project is described on pages CS-40 through CS-42 of the 1997-98 Capital Improvement Budget. RECOMMENDATlON: Authorize award of a construction contract to Bay Cities Paving and Grading, Inc. by the City of Martinez for sewer construction as part of the Pacheco Boulevard Improvements Project, DP 4950. c '" ~ "0 ./ '" o ~ 't; o Q. ./ '" o .0 ./ o .0 0> ... ~ :;- o u ~ Central Contra Costa Sanitary District o '" ~ ..... 0- g? ~ .-.IL- Z ~ N.T.S. MARTINEZ SCHOOL DISTRICT (JUNIOfl HtGH SCHOOl) PROJECT AREA PACHECO BLVD IMPROVEMENTS DP 4950 ATTACHMENT 1 ATTACHMENT 2 Central Contra Costa Sanitary District SUMMARY OF BIDS PROJECT NO. 4950 - Pacheco Boulevard Sewer Imorovements DATE October 23. 1997 LOCATION: Martinez ENGR. EST. $534.382 I $3.124.000 No. BIDDER BID PRICE (Name. telephone & address) (The first ftpeIlrdcatethe sew. portion of 1he project. The second ftpeIlndc8tethe total contract orice.) 1 Bay Cities Paving/Grading, Inc. $ 397,703.00 5029 Forni Drive $2,522,454.45 Concord, CA 94520 510-687-6666 FAX: 510-687-2122 2 North Bay Construction, Inc. $ 613,913.1 0 431 Paylan Street $2,670,894.80 Petaluma, CA 94955-6004 707-763-2891 FAX: 707-765-6417 3 McGuire & Hester $ 420,881 .00 9009 Railroad Avenue $2,810,000.00 Oakland, CA 94603 510-632-7676 FAX: 510-562-5209 4 Joe Carone, Inc. $ 577,877.03 2294 Vista Del Rio $2,974,726.01 Crockett, CA 94525 510-787-7283 FAX: 510-787-3216 5 Ghilotti Construction $ 743,290.00 246 Ghilotti Avenue $2,980,024.82 Santa Rosa, CA 95407 707-585-1221 FAX: 707-585-1601 6 Maggiora & Ghilotti $ 567,855.00 555 DuBois Street $3,124,727.00 San Rafael, CA 94901 415-459-8640 FAX: 415-459-2065 7 RGW Construction, Inc. $643,675.00 43801 Osgood Road $3,185,161.00 Fremont, CA 94539 510-490-1070 FAX: 510-651-4546 Bids Opened by: (City of Martinez) Date: October 23. 1997 Page 1 of 2 No. BIDDER BID PRICE (Name, telephone & address) (The first f9ns nIcate the sew.. portion of the project. The second f9ns Indcate the toblI contr8Ct Drice.) 8 Diablo Contractors $420,880.00 One Crow Canyon Court, Suite 210 $3,193,541 .00 San Ramon, CA 94583 510-552-8250 FAX: 510-552-8254 9 Hess Construction Co., Inc. $691 ,390.00 4484 Hess Drive $3,215,881.00 American Canyon, CA 94589 707-552-7931 FAX: 707-552-3988 10 Ghilotti Brothers Construction, Inc. $? (incomplete bid) 525 Jacoby Street $2,867,140.00 San Rafael, CA 94901 415-454-7011 FAX: 415-454-8376 Bids Opened by: (City of Martinez) Date: October 23. 1997 Page 2 of 2 ATTACHMENT 3 PACHECO BOULEVARD SEWER PROJECT DISTRICT PROJECT NO. 4950 POST-BlDIPRECONSTRUCTlON ESTIMATE PERCENT OF ESTIMATED ITEM DESCRIPTION TOTAL CONSTRUCTION 1. Construction Contract $397,703 (Bay Cities Paving and Grading, Inc. 2. Mobilization/Signage Joint Bid Item 13,798 3. Curb/Sidewalk Restoration 17,1 25 4. Contingency at 20 percent 86.374 CONSTRUCTION TOTAL 515,000 100 5. Construction Management . City of Martinez Construction Management/Administration $ 17,500 (District share at 16.67%) Public Notification 2,500 . District Forces Project Management $ 7,000 Project Administration/Inspection $ 53,000 SUBTOTAL CONSTRUCTION MANAGEMENT $ 80,000 15.5 6. Consultant/Professional Services . Material Testing $ 5,000 . Geotechnical 10.000 $ 15,000 2.9 7. Engineering and Other Services During Construction . District Forces Office Engineering Services $ 5,000 Record Drawings 2,600 Community Relations 1 ,500 Surveying 6,100 Collection System Operations 1 ,000 Miscellaneous/Permits 1 ,300 Field Office Support 500 . Other Services Legal UlQQ SUBTOTAL CONSTRUCTION ENGINEERING $ 20,000 3.9 CONSTRUCTION MANAGEMENT & $115,000 22.3 ENGINEERING TOTAL (Items 5, 6, and 7) 8. Prebid Expenditures (Planning and Design) $ 95,000 9. Total Project Cost $725,000 138.8 10. Funds Allocated to Date $ 95,000 11. Allocation Required to Complete Project $630,000 ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS Page 1 of6 EIOARD MEETNG CF November 6, 1997 NO. 10. ADMINISTRATIVE a. October 29, 1997 TYPE CF AC1lCt.j EXECUTE GRANT DEED DATE SlRECT APPROVE SALE OF SURPLUS DISTRICT LAND TO CONCO CEMENT COMPANY FOR $15,246, PARCEL NO. 159-040-035, PORT CHICAGO AREA SUMTTEO El'r' tfTL6.TNG 1:EPT0II Ken F. Laverty, Purdlasing & Materials Manager AdministrativelPurchasing & Materials Control DMsion ISSUE: Board of Directors' approval of the sale of District real properly is required. BACKGROUND: Parcel No. 159-040-035,5139 Port Chicago Highway, Concord, was acquired by the District in 1968 for use as a pumping station site to serve the Port Chicago area. The pumping s1ation was abandoned in August of 1989 and was no longer needed for District purposes. On November 16, 1989, the DistJict Board of Directors adopted a resolution declaring the land surplus and authorized its sale (Attachment I.) The staff had a fair market value appraisal done in December 1989 and made an offer 10 sell the parcel to Corm Cement Company (Conoo) for $15,246. Conco oouId not complete the purdlase at that time. The status of this property and the adjacent properties has remained unchanged. In August 1997, Conco sent a letter to the District indicating they 'Nef'e noN in a position to purdlase the surplus land. Conoo is willing to pay the Dis1Jict the original amount of $15.246. which is $3.50 per square foot for the 4.356 square foot parcel, with the District paying the closing oosts. Staff has obtained from a real estate broker current data that the $3.50 per square foot price is still within the fair market value nanga ($2.00 to $4,OOIsq. ft.) espedaUy since Corm has purchased a 1,000 square foot parcel adjacent to the District's parcel for $2.00/sq. fl from ContTa Costa County. S1aIf has ooncluded that this project (the proposed Grant Deed) is exempt from the California EnvlronmentaI Quality kJ. (CEQA) under Disbict CEQA Guidelines, Section 18.6, since it involves a minor alteration in land use limitations. Board c:i Directcr's approval d this Grant Deed will constilut.e an independent finding that this project is exempt from CEQA. RECOMMENDAOON: Adopt a resolution authorizing the President of the District Board of Directors and the Secre1aJy c:i the Oisbict to execute a Grant Deed, and authorize staff to take such other actions as may be required to complete the transaction. RIE\tEWB) AND RECOIIIlI!NJE) FOR SOARD ACr10N tfTL6.TNG CEPARnENTOVISlON II r/- KFL H\FORMS\CONCOGO.PP1 9/16/96 ATTACHMENT I. <8 Centra. Contra Costa Sanltal') District BOARD OF DIRECTORS PAGE 1 OF 4 POSITION PAPER BOARD MEETING OF November 16, 1989 NO. VI1. REAL PROPERTY 1 ADOPT RESOLUTION WHICH DECLARES ASSESSOR'S PARCEL NO. 159-040~035, 5139 PORT CHICAGO HIGHWAY, CONCORD SURPLUS AND AUTHORIZE ITS SALE DATE November 13. 1989 TYPE OF ACTION ADOPT RESOLUTION SU8.JECT SVBMIUEO BY Ken t. [averty Purchasing and Materials Officer INITIATING DEPT.IOIV. Administrative/Purchasing ~: To sell District real property the Board of Directors must adopt a resolution finding that the property is not necessary for the purposes of the District and 1s, therefore, declared as surplus; and authorizing the sale thereof. BACKGROUND: In August 1989 the District completed project No. 4326 at 5139 Port Chicago Highway. Concord, the abandonment of the Port Chicago Pumping Station and installation of a gravity sewer system in the public right-of-way. District sewer facilities have been removed or abandoned from this District-owned parcel. District staff has determined that the Port Chicago pumping station property. Assessor's Parcel No. 159-040-035 (See Attachment No. I), is no longer required by the District, since no active sewer facilities are now located on the property and no future use is planned. However, a portion approximately ten feet wide and forty-seven feet long as shown on Attachment I by cross-hatching shall be reserved under an easement to provide access for the future maintenance of the adjacent sewer pipelines. The disposition of this property falls within the provisions of Health and Safety Code Section 6514, which requires that in order to dispose of a piece of real property, the Board of Directors must find that it is not necessary for the purposes of the District and is, therefore. surplus. District Counsel has researched the applicable California laws conc.3rning property sales and has advised staff that Government Code Section 54221 (e) axempts certain surplus land from the requirement that the land be offered to other public entities before the sale. Furthermore. this section exempts surplus land which is less than 5,000 square feet 1n area (subject parcel is 4.356 square feet) and being sold to a contiguous property owner. The contiguous property owner (Conco) has contacted the District and expressed interest in purchasing this small parcel for access or parking. Staff will negotiate with them, and, if a tentative property agreement is reached, the staff will return to the Board with a resolution to approve the sale of the property and the conditions thereof. RECOMMENDATlON: Adopt the attached resolution which declares Assessor Parcel No. 159-040-035, 5139 Port Chicago Highway, Concord, surplus and authorizes its sale. RESOLUTION NO. 89- 195 A RESOLUTION DECLARING THE SURPLUS NATURE OF CERTAIN REAL PROPERTY AND AUTHORIZING ITS SALE WHEREAS, the Board of Di rectors finds that certain real property hereinafter described and situated within the boundaries of said District is not necessary for the exercise of its power, duties, and functions: NOW, THEREFORE, BE IT DETERMINED AND ORDERED AS FOLLOWS: 1. That all that certain real property situated in the County of Contra Costa, State of California, more particularly described as follows: Assessor's Parcel Number 159-040-035, 5139 Port Chicago Highway, Concord, California is not necessary for the purposes of the Di strict and is therefore declared as surplus. 2. That the District is hereby authorized to negotiate the sale of the District's real property with a contiguous property owner in accordance with Government Code Section 54221(e). 3. That the District Board must approve, by resolution, the sale and the conditions thereof, and the Board retains the right to reject any offer. PASSED AND ADOPTED this 16th day of November, 1989, by the District Board of Central Contra Costa Sanitary District, by the following vote: AYES: Members: Boneysteele, Clausen, Dalton, Rainey NOES: Members: None ABSENT: Members: None ABSTAIN: Members: Carlson COUNTERSIGNED: Approved as to Form: .4/79"30'1: ~\ 50.88 ~ NN OL.SON ~ ~\ -~ " . (7354 tUl. 258) % ~\ -~ ~\\l ~ o. 028 A c . 50.00 10' 568-50'14 \)\ %\ ~ N ~~ ~ t: ~ '" "....1 :t:. \ ..... - ~\ C.C.C.S.D. APN 159-040-035 ~ mm '- .G SPARTNERS \ MATT. GONSALVES, TRUSTEE ~ APN 159-040-034 \ t\l ~- U) 0 .~ \ ~~ ~ '\ o' S.S.E. RE.SE.R\J€. 50.00 tJ6S- 50'/3" ~+. . -- ..... . I. . . -,;"-: . ,. ~.. 7fROU1E'-.-- BATES AVENUE / "t~~o{ _ --L- " - -. --- Central Contra Costa Sanitary District . 2523-1/'37 RESOLUTION NO. 97- A RESOLUTION AUTHORIZING SALE OF CERTAIN REAL PROPERTY AND EXECUTION OF GRANT DEED WHEREAS, the Board of Directors has found that certain real property hereinafter described and situated within the boundaries of said District is not necessary for the exercise of its power, duties, and functions: BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District as follows: THAT this District hereby consents to the execution of the Grant Deed and all applicable legal documents for the sale of Assessor's Parcel No. 159-040-035, 5139 Port Chicago Highway, Concord, Califomia, between the CENTRAL CONTRA COSTA SANITARY DISTRICT and GONSALVES AND SANTUCCI, INC., dba CON CO CEMENT COMPANY; THAT District staff is hereby authorized and directed to execute all required escrow documents; THAT the President and Secretary of the District are hereby authorized to and directed to execute the Grant Deed for and on behalf of the Central Contra Costa Sanitary District; and THAT the District staff is authorized and directed to record said Grant Deed. PASSED AND ADOPTED this 6th day of November, 1997, by the District Board of Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: ABSENT: Members: Members: President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Approved as to Form: Kenton L. Aim District Counsel H:\FORM8\CONCORES.PP1 ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS :::::::I!9II11I1I~::::::I.I:I:::::::::::: BOARD MEEllNG OF :~r:m.::::::::::::::::l\l:b/::::::::::::tl\::::::::\:l:::\:::::'=':::::::::::(::::::::::::::::::::/:::::::::::~~::::~: November 6, 1997 Page 1 of 1 NO. 11. ENGINEERING a. DATE TYPE OF ACTION October 28, 1997 AUTHORIZE AGREEMENT SUBJECT AUTHORIZE THE GENERAL MANAGER-CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH BRIAN KANGAS FOULK FOR CONSULTING SURVEY SERVICES FOR VARIOUS CAPITAL PROJECTS SUBMITTED BY Elizabeth A. Charlton, Land Surveyor INITlA TlNG DEPT/DIV Engineering Department/Plant Engineering Division .ISSUE: Authorization of the Board of Directors is required for the General Manager-Chief Engineer to execute a professional services agreement in an amount greater than $50,000. BACKGROUND: The District Survey Section provides support services for Engineering, Plant Operations, and Collection System Operations in facilities location, predesign, design, construction, and right-of-way. Survey gathers both new data and researches, compiles, and interprets archival data for these projects. Survey contracts with and supervises the work of private surveyors when on-going work exceeds the Section's capacity. Survey consultants perform field and office land surveying work including control, topographic, boundary, easement, and construction surveys on an as-needed basis. It is anticipated that Survey will require these outside survey support services on an on-call, as-needed basis over the next two year period in order to continue to provide timely service to District departments. Proposals were solicited from survey consulting firms with experience in providing contract services to municipalities and special districts. Three surveying firms including Brian Kangas Foulk, Santina & Thompson, and Towill submitted proposals. In addition to review of the proposals, these firms participated in an informal interview process according to the Engineering Department Guidelines for Consultant Procurement No. 4-1. Brian Kangas Foulk was selected for this work on the basis of availability, experience, and projected costs. A professional services agreement not to exceed the amount of $92,000 has been negotiated with Brian Kangas Foulk. RECOMMENDATION: Authorize the General Manager-Chief Engineer to execute a professional services agreement with a cost ceiling not to exceed $92,000 with Brian Kangas Foulk for survey support services for a period of two years. REVIEWED AND RECOMMENDED FOR BOARD ACTION RAB INITIATING DEPARTMENT/DIVISIDN EAC 1/tf5 6=.~C L:\Position Papers\Survey. Consultant. EAC. wpd 9/16/96 ~ Central Contra Costa Sanitary District BOARD OF DIRECTORS ~:t:I':':::::':::ii:iS:I::'ml''':&:i:i/:::I:':':::::'::::ii?Bifiii/// BOARD MEETING OF iii:i:,:},::i:~~:.,.,:j::'::::::.::.,~I:'::::...::::mm::ltiei:ij':::.:: November 6, 1997 Page 1 of 4 NO. 11. ENGINEERING b. DATE TYPE OF ACTION October 30, 1997 SET PUBLIC HEARING SUBJECT ESTABLISH DECEMBER 4, 1997, AT 2 P.M. AS THE DATE AND TIME FOR A PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION OF NECESSITY FOR THE PLEASANT HILL RELIEF INTERCEPTOR AND RECYCLED WATERLINE PROJECT, PHASE 4, DISTRICT PROJECT NO. 4985. SUBMITTED BY Ricardo Hernandez, Engineering Assistant INITIATING DEPTttllV Engineering Dept./lnfrastructure Div. ISSUE: A public hearing must be conducted and a Resolution of Necessity adopted to initiate eminent domain (condemnation) proceedings for acquisition of public easements. BACKGROUND: Staff has been negotiating with property owners in Pleasant Hill to acquire some of the last right-of-way needed for the Pleasant Hill Relief Interceptor and Recycled Waterline Project. The right-of-way consists of permanent easements for sanitary sewers and recycled water pipelines and temporary construction easements on certain properties. Previous Position Papers to the Board have explained the necessity of the project in correcting sanitary sewer overflows during wet weather in this area of Pleasant Hill. Owners of two properties, one on Moiso Lane and the other on Ardith Drive (maps attached), have failed to respond to repeated efforts by staff to contact them for the purpose addressing their concerns and reaching a settlement. At this time staff considers it appropriate to proceed with the commencement of eminent domain action to acquire the easements needed for this construction project. The project is scheduled to be publicly bid in October of 1998. Staff .is prepared to present evidence at the public hearing to show that this public improvement project meets all of the following criteria: 1 . The public interest and necessity require the project; 2. The project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury; 3. The property rights sought to be acquired are necessary for the project; and 4. The offers pursuant to Government Code Section 7267.2 have been made to owners of record of the subject properties. Staff will continue efforts to contact owners with the intent of resolving all issues and reaching an agreement with them. As required by law, owners will be notified 16 days prior to the public hearing. RH INITIATING DEPARTMENTttllVlSlON R-~~ H:\INFRA \PP\sethear .rh 9/16/96 DATE October 24, 1997 Page 2 of 4 SUBJECT ESTABLISH DECEMBER 4, 1997 , AT 2 P.M. AS THE DATE AND TIME FOR A PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION OF NECESSITY FOR THE PLEASANT HILL RELIEF INTERCE AND RECYCLED WATERLINE PROJECT, PHASE 4, DISTRICT PROJECT NO. 4985. RECOMMENDATION: Establish December 4, 1997, at 2 p.m. as the date and time for a public hearing to consider adoption of a Resolution of Necessity for the Pleasant Hill Relief Interceptor Project, Phase 4, Project No. 4985. z:.l ~ r 'ti ii X( 1,- III III III III , , III , I )li~i r '-'~ .r" , I' ',\ C I xi; ,i , , ~ III k-] \ Ul -~ \,. '1Ix),' > "I ) " 1I11 ~ , , I I i ~ , 'I J , 'r ,II ~ , ( I 'I . III 1: ~ 'I \ ! , t I:~)' , ~?IIII) (J1 .f>- 0<1 .f>- a <:> I I I 'I I I \, < I v" ,r' I I.."..""~""-J""""'~- I I I I I I I z +J o en o ~ ~ fT1 \) 0 " < " ~ ;; ~"'~~.1.~.....~ ......~.......t .v..... .....-, ;....... {" 6. " u o iiO .... ,.- on co 0> .... ,.- .. i;;- "0 u ,.- ,. Central Contra Costa ~ Sanitary District ~ ..... .,., l2! ,:.. u o l2 PLEASANT HILL RELIEF INTERCEPTOR AND RECYCLED WATER LINE MOISO LANE, PLEASANT HILL ATTACHMENT MAP I..., I (~ ; \.\_~! PROPOSED 10' PERMANENT SANITARY SEWER EASEMENT c\ ~~tr 'j]~~ @ LOWERY 16660 O.R. 73 APN 150-131-007 ", , , , " , , , , , , , f ~ ~ '- 0( <, ( f , ~ ~ :r. -/ >u ..' f f >< ,-/",..rr{-'d"~'-'-(l._J". SMITH o , 40 FEET r'"' ). (.J. , r" \ vi .. '0 u -' · Central Contra Costa Sanitary District PLEASANT HILL REFLIEF INTERCEPTOR AND RECYCLED WATERLINE ARDITH DRIVE, PLEASANT HILL ATTACHMENT .... o ~ MAP .... C7> ~ >- u o 52 4& Central Contra Costa Sanitary District BOARD OF DIRECTORS ;:;:;:11':::'::::::;:.;::::':'::::;;;.::::':'::::;;:.':':':':::':::':::'::.:::::':'::::;::II':'::;;;;:-:';;:orll':':':':':::.;;:;::':':::::::':':':':::::m':':':':':':'.:.:.::::::::t::::::}::BOARDMEETlNGOF ... .. .. .. .. ". '. . ........ .. .. ...... .. .. .... . ... ... .... .... ... ....... :.:.:." ,':':':. '.; .;.; :.: ,.;.;.;. . .;.:.: .. .,' :." ." :.:.:.:.:.:.:.: .. ..... ........ ... .... . ........ ..... ..... ...... . ',. .... .... ........', ...... ...... . ..... ........ . ................. ... ...... .. .... .. . ... .... .... .... . ........ :::t::;:ff:;;:;:;:;:;;:;:;;:;:;:;:;;tJt:i\:{;;:;:;:;{\:;:};:;:ft:if\:if::::::;:;i:it::;:::;:;:::;:;:t:;:;:ffj=:::; November 6, 1997 Page 1 of 6 NO. 12. HUMAN RESOURCES a. DAlE October27,1997 TYPE OF ACT10N Adopt Class Description SUBJECT ADOPT CLASS DESCRIPTION FOR SAFETY AND RISK MANAGER SUBMfT1E) BY Cathryn Freitas, Human Resources Manager INITlATNG DEPTIOIV Administrativell-luman Resources ISSUE: Board action is required to approve a dass desaiption. BACKGROUND: Risk Manager Bonnie Allen is retiring in the Winter, 1998. The District has hired a consultant Bob Murray of David M. Griffith, to recruit for a new Safety and Risk Manager. As part of the recruitment Mr. Murray needs an updated dass desaiption to attract potential applicants to the position. Accordingly, staff has reviewed and modified the existing Risk Manager dass desaiption to indude safety responsibilities and define the duties and reporting relationships (see attached.) RECOMMENDA nON: Adopt the proposed dass desaiption for Safety and Risk Manager. INITIAliNG OEPARTMENT~ a/q CRF 9/16/96 CENTRAL CONTRA COSTA SANITARY DISTRICT Effective: Range: Respirator Class: DRAFT 9/97 M-33 1 SAFETY AND RISK MANAGER DEFINITION Plan, organize, and direct the administration of the litigation case load of the District, the safety program, risk management and loss control functions, insurance and self-insurance programs, workers' compensation, claims administration, central safety program, special projects, and other work as required. DISTINGUISHING CHARACTERISTICS The use of respiratory equipment (including S.C.B.A.1 may be required for this position. Therefore, the Safety and Risk Manager will be required to be clean shaven at all times to comply with the District's respiratory program and Cal/OSHA standards. SUPERVISION RECEIVED AND EXERCISED Receive general direction from the Deputy General Manager General Manager-Chief Engineer or designated representative. Exercise direct supervision over professional and technical personnel in the Safety and Risk Management Section Division. EXAMPLES OF ESSENTIAL DUTIES - Duties may include, but are not limited to, the following: Administer the District's safety program; review work practices and make recommendations to ensure compliance with safety standards, laws, and ordinances, as well as safe work techniques. Administer the District's Risk Management/Loss Control program by identifying major areas of risk, evaluating alternative methods of risl, financing mitigating risk, recommending appropriate levels of insurance coverage, marketing the District's insurance program, assigning and monitoring claims handled by independent adjusters, and managing the District's self-insurance fund. Coordinate, administer, and direct the litigation case load for District Counsel and outside attorneys under contract regarding the various litigation activities of the District; coordinate with attorneys to provide research and recommendations for legal issues concerned with relative to the operation of the District. CENTRAL CONTRA COSTA SANITARY DISTRICT Safety and Risk Manager (Continued) EXAMPLES OF ESSENTIAL DUTIES Provide information to District personnel regarding changes in laws and regulations, including the Cal/OSHA program and federal and state regulations related to safety issues; act as a resource person regarding mandated state and federal safety requirements. Supervise, coordinate, and interface the District Central Safety and Workers' Compensation programs; integrate these with risk management activities. Gather, review, and evaluate data and prepare a variety of periodic and special reports. Manage investigations of events involving losses. Audit effectiveness of safety program. Review and coordinate the preparation of safety and legal documents including contracts, conveyances, resolutions, and ordinances, as required. Attend meetings of the District Board, District staff and such additional committee meetings, conferences, and hearings as may from time to time be required necessary. Supervise the contract security service and provide security support to District departments. Confer with regulatory officials, the public and representatives of other agencies. Inform District management of safety and risk exposures that need to be responded to; and legal discussions developments, opinions, and trends that may have possible District ramifications. Prepare and reeommcnd Division budget for area of rcsponsibility. Manage records retention and retrieval system for safety and risk management office. Perform related duties as required. MINIMUM QUALIFICATIONS Knowledae of: Property, liability, and Workers' Compensation insurance coverages. CENTRAL CONTRA COSTA SANITARY DISTRICT Safety and Risk Manager (Continued) Knowledae of: Principles, practices, and techniques of establishing, maintaining, and modifying a comprehensive risk management program, including loss prevention, evaluation, and financing; of the methods of investigating and determining the disposition of various types of insurance claims; management of self-insurance funds. Principles and techniques of organization, management, administration, supervision, budgeting, and cost control, including tlA& understanding the importance of authority, responsibility, accountability, motivation, communication, and delegation. The records and reports necessary in the insurance and claims field of California property damage, personal injury, public liability, workers' compensation, and records and procedures relating to court actions on insurance and other legal matters. Abilitv to: Continuously analyze laws, regulations, statistics, and other information; identify unsafe conditions and causes of workplace accidents, injuries, vehicle accidents, and losses; interpret federal and state regulations on safety, health, workers' compensation, and insurance; know principles of insurance, agreements, self- insurance, indemnification, contract law, claim management, and loss control; be an active problem solver in order to reduce accidents, injuries, property damage, and claims; remember claims history and causes of accidents as a witness at hearings and trials; understand the needs and inquiries from employees, management, and public; and explain safety and health laws, workers' compensation and insurance requirements, and claims status. Intermittently observe equipment operations and employee work procedures, often in field locations. Sit at desk and in meetings for long periods of time on a continuous basis. Intermittently twist to reach equipment surrounding desk, and perform simple grasping and fine manipulation; use telephone, and write or use a keyboard to communicate through written means. Occasionally inspect and observe work sites and conduct training. In an emergency, lift or carry weight of 50 pounds or less. Plan, organize, and direct the work of a comprehensive and complex major area of responsibility. Prepare clear and concise reports. CENTRAL CONTRA COSTA SANITARY DISTRICT Safety and Risk Manager (Continued) Abilitv to: Negotiate the coverage and provisions of insurance policies; negotiate and settle claims against the District. Perceive and analyze problems correctly and take effective corrective action. Prepare budgets and control expenditures. Establish and maintain cooperative working relationships with District management, employees, wft.R legal counsel, aflEf. insurance personnel, wft.R representatives of other agencies, and wft.R the public often in situations where relations may be strained and where the exercise of tact, patience, and discretion is required. Lead, motivate, and effectively supervise the employees assigned to safety and risk management. Work effectively with other members of the management team; use high level of interpersonal skills to convince others of the need for safety and managed risks at all levels within the organization; and to educate and persuade managers and staff of the importance of safety and risk control. Learn and observe all appropriate safety precautions as required by the District including, but not limited to, Cal/OSHA General Industry Safety Orders, the District's Respiratory Protection Program, and District Safety Directives. Soecial Phvsical Reauirement: May be required to respond in an emergency. Must be able to wear and perform emergency response duties in an air purifier or S.C.B.A. weighing 32 pounds. EXPERIENCE AND EDUCATION Any combination equivalent to experience and education that could likely provide the required knowledge and abilities would be qualifying. A typical way to obtain the knowledge and abilities would be: Exoerience: At least six years of comprehensive and increasingly responsible experience in the management of a major activity with emphasis on risk management, safety, insurance, and claims administration; preferably for a single or multi- purpose government organization public agency. CENTRAL CONTRA COSTA SANITARY DISTRICT Safety and Risk Manager (Continued) Education: Equivalent to a bachelor's degree from an accredited college or university with major course work in business or public administration, accounting, or related field. LICENSES OR CERTIFICATE Possession of a valid California Driver's License. ~ Central Contra Costa Sanitary Disbict BOARD OF DIRECTORS ::::::II':'::::::::::II:::::::::::::::~::::::::::TI':':m;:;:':':;:;:'I:'::IJ:::::;:;::::::'II;.:.:::~t:.::::::..:':':::::::::_:~r':':::r':':::::::::Ii':':::::::::'II:':':::':::J:::::::::::::BOARDMEETlNGOF ... .... ... .. ..... ..... ... .... .......... ........ November6 1997 ..... .."....... .. .... ..... ...", ...... ........ ........ .... ,", ............... f~:::::~~~~~~~~~~:::::::::::~~~::::::::;::~~::::~~~~:::::f::::~~:::::::::::~~:::::~~~~:::::~~~~~~:::::~~~~~~~::::::~~~~~:::::::::f?::::::::::::::::::~~~~~:::::~~~~~r~~~~~ I Page 1 of 1 NO. 12. HUMAN RESOURCES b. DAlE October 30, 1997 1YPE OF AC1lON HUMAN RESOURCES SUBJECT DENY APPEAL OF GRIEVANCE BY UNION ON FAMILY MEDICAL LEAVE ACT IN ACCORDANCE WITH ARBITRATOR'S RECOMMENDATION SUBMIT1EO BY Paul Morsen, Deputy General Manager INITlAllNG DEPTIDlV AdministrativelHuman Resources ISSUE: In accordance \Wh the grievance proc::ec:kJe i1 the QJn"ent Memorandum of Understanding (M.O.U.) Between the District and the Central Contra Costa Sanitary District Employees' Association, Public Employees' Union, Local One, the Board of Directors may adop~ reject or modify the recommendation of an appointed neutral third party (arbitrator) in appealed grievance matters. BACKGROUND: Instrumert Technician Mar1< Benson grieved the District's application of the Family Medical Leave Ad. The grievance went directly to the Board level without a hearing with the General Manager-Chief Engineer due to the need for a legal interpretation of the grievanfs appeal. The Board authorized the selection of an arbitrator to hear the appeal and make a recommendation to the Board for its consideration. Amy 13roM1, Esq., from the Districl's labor IaN firm of Hansen, Bridgett etal., presented the case on the District's behalf before law professor Noonan Brand. Professor Brand was mutually selected by the Union and the District to hear the appeal. The arbitrators recommendation has been provided under separate cover for the Board's infonnation. He agreed that the District has interpreted the Family Medical Leave Ad. correctly and has the right to apply the law in the manner commensurcte \Wh Qurent District procedures. Due to the language used in the arbitrators decision, there has been some confusion at the Union about the interpretation of the decision. HC7Never, District labor counsel Dan Clinton has spoken with Union labor counsel Mike Roman and has sent a letter to Mr. Roman which was distributed to the Board under separate cover to substantiate their conversation and agreement on the arbitrator's decision. The Seaetary of the District notified the Union that this issue would be on the Board's November 6, 1997 agenda. The Union representatives were invited to attend if desired. RECOMMENDATION: Deny and dismiss the grievance cj the Union on the Family Medical Leave Ad. in accordance with the arbitrator's recommendation, as the final action of the District INl1lAllNG RE\/JEMIB) ND RB:OIItIEMlED FOR SOARD JICT10N S:\PP\FMLARB.PPR 9/16196