Loading...
HomeMy WebLinkAboutAGENDA BACKUP 06-13-91 . Central Contra Costa Sanitary Oistrict BOARD OF DIRECTORS PAGE 1 OF 5 POSITION PAPER BOAj{)Ner,l~ 0(991 NO. 4. HEARINGS a. SUBJ~bNTINUE THE PROCESS TO ESTABLISH CAMINO AMIGO DATE June 7, 1991 LOCAL IMPROVEMENT DISTRICT 58 (LID 58). OPEN AND TYPE OF ACTION CONTINUE THE PUBLIC HEARING TO THE BOARD MEETING OPEN AND CONTINUE SCHEDULED FOR JULY 18, 1991. REJECT ALL BIDS FOR PUBLIC HEARING THE CAMINO AMIGO SEWER PROJECT, D.P. 4800 REJECT BIDS SUBM ernms Hall INITIATING DEPTErl'gineering Department/ Associate Engineer Construction Division ISSUE: The Board of Directors set June 13, 1991, as the date for a public hearing on LID 58. The hearing must be continued to a later date to provide time to re-bid the project. BACKGROUND: At the Board meeting on April 18, 1991, the Board of Directors accepted the engineer's report for LID 58 and set June 13, 1991, as the hearing date to receive and consider public testimony regarding the resolution of intention and engineer's report, and to potentially award the construction contract for the project. The LID 58 sewer project is shown on Exhibit A. The project was advertised for construction bids on April 21 and 28, 1991. The estimate for the construction contract contained in the engineer's report for LID 58 was $149,572. Fourteen bids were received on May 29, 1991, ranging from $159,703 to $347,016. A summary of bids is presented in Exhibit B. The Construction Division staff conducted a technical and commercial evaluation of the bids. It was found that the bid of the apparent low bidder, Larkin Construction Company, contained the following irregularities: . The Bid Bond was not signed by a principal from Larkin Construction Company. . No bank or financial reference was shown on the certificate of financial responsibility accompanying larkin's bid proposal. . The contract time was not shown on the certificate accompanying the bid proposal confirming that the bidder considered the contract time in preparing the bid. It was found that the bid of the apparent second lower bidder, D. W. Young Construction Company, contained the following irregularity: . The calculation for the total of one of the items on the bid proposal was incorrect resulting in an incorrect total bid amount. RAB REVIEWED AND RECOMMENDED FOR BOARD ACTION 1302A-9/85 IJr DH vtO INITIATING DEPT.iDIV. .__.___..~_____~__,_.,__..~._____,___,.." ",.."_.___._"_____,..."_._'m.~..~.>_,_.,.__.__.k_,""..'___,._,.___~__,_.__._m.'_._.._,*...,____._ _..._'_...N_.._."..,....,_..~..___.~'_ SUBJi:ONTINUE THE PROCESS TO ESTABLISH CAMINO AMIGO LOCAL IMPROVEMENT DISTRICT 58 (LID 58). OPEN AND CONTINUE THE PUBLIC HEARING TO THE BOARD MEETING SCHEDULED FOR JULY 18, 1991. REJECT ALL BIDS FOR THE CAMINO AMIGO SEWER PROJECT, D. P. 4800 POSITION PAPER PAGE 2 DATE OF 5 June 7. 1991 In fact, seven of the fourteen bid proposals contained irregularities. Based on the severity of the irregularities in the bid of Larkin Construction Company, based on the irregularity in D. W. Young's bid which is of comparable magnitude to the irregularities in Larkin's bid, based on the overall excessive number of irregularities, and based on the fact that all bids exceeded the estimate of the cost of the construction contract in the engineer's report, staff considers that it is appropriate for the Board to reject all bids. Staff proposes to re-advertise the project for bids and calendar the award of contrC}ct for the July 18, 1991, Board meeting. A letter has been sent to all bidders advising them that if they choose to re-bid the project, to check their new bids for accuracy and omissions. Staff is also reviewing the project design to determine if design changes can be made which will lower the total cost of the project. Since the public hearing was previously scheduled for June 13, 1991, the hearing must be held as intended. It is appropriate to open the public hearing and, after receipt of any testimony, continue the hearing until the July 18 Board meeting. The Board must adopt the "Resolution Continuing Hearing and Consideration of All Matters" and "Resolution Rejecting All Construction Bids and Calling For New Construction Bids" to effect the proposed changes. The affected property owners will be notified of the rescheduled public hearing. RECOMMENDATION: Staff recommends that the Board take the following action: . Open the public hearing and after receipt of any testimony, continue the public hearing to the July 18 Board meeting. . Adopt "Resolution Continuing Hearing and Consideration of All Matters." . Adopt "Resolution Rejecting All Construction Bids and Calling For New Construction Bids." 11078 q,'Wl .__,..,,_.,~.....--_.___~_'_'_'___" _'_'_'__.."___~"_'._W_'~__.",_""'_'H"____~~____'__--_.,..._-.~-_._.-...------ BOUNDARY LOCA TI ON MAP NOT TO SCALE A SIGNED PETITION L.I.D. BOUNDARY EXHIBIT "A" '!?-'> <<:-0 o ~(j ~ ~v <) I~tI~~~t CAMINO AMIGO ASSESSMENT DISTRICT LOCAL IMPROVEMENT DISTRICT NO.58 DANV ILLE AREA Centrall Contra Costa Sani",dry District SUMMARY DF BIDS EXHIBIT B PROJECT NO. 4800 CAMINO AMIGO LID 58 DATE 5/29/91 ENGR. EST.~ 149,576 LOCATION CAMINO AMIGO. DANVILLE. CA a: ~ BIDDER (Name, telephone & address) BID PRICE 1 Larkin Construction ( 209) 474-2119 $ P. o. Box 5280 Stockton, CA 95205 159.703.00 2 D. W. Young Construction ( 415) 837-0724 $ 159,938.00 140-A Town & Country Dr. Danville. CA 94526 0" 3 Mountain Cascade ( 415) 837-1101 $ 167,000.00 P. O. Box 116 San Ramon. CA 94583 4 EMSCO ( 415) 562-5454 $ 169,639.00 9009 Railroad Ave. Oakland. CA 94603 5 ANDES ( 415) 562-4960 $ 173.450.00 2208 Damuth St. Oakland, CA 94602 6 Silva's Pipeline ( 415) 786-2722 $ 173,618.00 P. O. Box 751 Hayward. CA 94543 7 Tri-Synf'tic Tnduc;tripc; ( 415) 736-8240 $ 177 .450.00 P. O. Box 2996 Danvi 11 e, CA 94526 8 Powers Construction ( ) $ 179.420.00 P. O. Box 909 Camino, CA 95709 9 Floyd Johnston Construction ( ) $ 221.507.50 - P. o. Box 1087 Brentwood, CA 94513 10 L. J. Krzich Pipeline ( 415) 295-6390 $ 227.789.82' 326 Phelan Ave. San Jose. CA 95112 11 Pete Fuller Construction ( 70]) 449-3601 $ 234,710.22 567 Galway Court Vacavi11e. CA 95688 12 MJB Pipeline ( 415) 785-5805 $ 251. 731.00 P. o. Box 192 Mt. Eden. CA 94557 PREPARED BY ~ \ ~ll: 0 DATE '5-30-9\ SHEET NO. OF z.. Centra~ ~ontra Costa Sani ,.4ry District SUMMARV OF BIDS PROJECT NO. 4800 CAMINO AMIGO LID 58 DATE 5/29/91 ENGR.EST.~ 149.576 LOCATION CAMINO AMIGO. DANVILLE. CA ~ BIDDER (Name, telephone 8. address) BID PRICE 'I 3 Sarott Construction ( 415) 672-7220 $ 295,020.00 3133 Morgan Territory Rd. Clayton. CA 94517 4 McCullough ( 415) 757-1394 $ 347.016.00 2625 E. 18th St. Antioch, CA 94531-2119 .' ( ) $ ~ ( ) $ - ( ) $ ( ) $ ( ) $ ( ) $ ~ ( ) $ - ( ) $ ( ) $ ( ) $ It PREPARED BY ~ ~ B..U: DATE 5.~o.<j1 SHEET NO. 2. OF 2- . Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 3 POSITION PAPER BOARD MEE~~8F13, 1991 SUBJi50NDUCT PUBLIC HEARINGS TO RECEIVE PUBLIC COMMENT ON THE 1991-1992 OPERATIONS AND MAINTENANCE BUDGET AND THE SELF- INSURANCE FUND BUDGET AND FOR THE ESTABLISHMENT OF THE 1991-1992 SEWER SERVICE CHARGE RATES, AND ON PLACING CURRENT AND DELINQUENT SEWER SERVICE CHARGES ON THE NO. 4. HEARINGS b. DATE June 7, 1991 TYPE OF ACTION CONDUCT PUBLIC INITIATING DEPT/DIV SUBMITTED BY Walter Funasaki, Finance Officer Administrative/Finance & Accounting ISSUE: The District Codes and State law require holding Public Hearings for the establishment of the 1991-1992 Sewer Service Charge rates, and on placing current and delinquent Sewer Service Charges on the County tax roll for collection. BACKGROUND: Notice of the June 13, 1991 Public Hearings to consider changes to the current schedule of Sewer Service Charge rates for the 1991-1992 fiscal year, collection of the 1991-1992 Sewer Service Charges on the County tax roll, and to receive and consider protests to having delinquent Sewer Service Charges collected on the 1991- 1992 tax roll, was duly given. It is recommended that three separate hearings be held to consider the matters described. Hearina to receive Dublic comment on the 1991-1992 ODerations and Maintenance (O&M) Budaet and Self-Insurance Fund Budaet. and for the establishment of the 1991-1992 Sewer Service Charae Rates: The 1991-1992 O&M Budget and Self-Insurance Fund Budget were submitted to the Board of Directors for initial review at the May 30, 1991 Board Meeting and are scheduled for approval at the June 13, 1991 Board Meeting. A correction to the projected prior year 1990-1991 New Industry Permit Fee revenues was determined since issuance of the 1991-1992 O&M Budget on May 24, 1991. The revenues for this account in 1990-1991, previously projected to be $9,155, are being increased by $70,000 to $79,155 as a result of a special discharge fee to be assessed the East Bay Municipal Utility District to treat its alum sludge during the last two months of the current fiscal year. Total 1990-1991 revenues are, therefore, projected to be $23,844,495, which is $70,000 higher than previously reported. The enclosed 1991-1992 O&M Budget document and related Position Paper include the corrected pages (Pages 1, 6, 7 and 8 of the 1991-1992 O&M Budget, and Page 1 and Attachment I of the May 30, 1991 Position Paper), which have been copied on colored paper. Upon approval of the 1991-1992 O&M Budget and Self-Insurance Fund Budget and determination of adequate levels of reserves, the Board must establish the 1991-1992 Sewer Service Charge rates. REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIATING DEPT.lDIV. () ... ~~~ I1f1 1302A-9/85 WN F PM ADS/Pos.Paper#2/0&MSelf.PP SU~OODUCT PUBLIC HEARINGS TO RECEIVE PUBLIC COMMENT ON THE 1991-1992 OPERATIONS AND MAINTENANCE BUDGET AND THE SELF- INSURANCE FUND BUDGET AND FOR THE ESTABLISHMENT OF THE 1991-1992 SEWER SERVICE CHARGE RATES, AND ON PLACING CURRENT AND DELINQUENT SEWER SERVICE CHARGES ON THE POSITION PAPER PAGE 2 OF 3 DATE Hearina to consider collection of the 1991 - 1992 Sewer Service Charaes on the Countv 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 the 104,000 or so accounts. 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 $62,000 annually, is still more economical than the alternative of direct billing by the District. Hearina to consider collection of delinauent Sewer Service Charae account: The District bills certain property owners directly. During the 1990-1991 fiscal year, one owner was delinquent in paying the Sewer Service Charge which was billed directly. Information regarding the delinquent charge is contained on the attached report. It is proposed that the delinquent charge be collected on the 1991-1992 County tax roll, unless there is a valid protest. The delinquent property owner was notified of the June 13, 1991 Public Hearing by certified mail. The property, which is a nursing home in Danville, began the annexation process in 1988. During 1988-1989 and 1989-1990, the account was directly-billed for Sewer Service Charges as the annexation was not completed; the account became delinquent in both years and was collected on the next year's property tax roll. Annexation to the District was completed during 1990-1991, but missed the cut-off for placement on the tax roll and was direct-billed. The 1991-1992 Sewer Service Charge for this account will be collected on the 1991-1992 tax roll. RECOMMENDATION: Conduct three separate Public Hearings and upon their respective conclusions, adopt resolutions for the following actions, if considered appropriate: 1. Approve the 1991-1992 Operations and Maintenance Budget and Self-Insurance Fund Budget, and establish the 1991-1992 Sewer Service Charge rate schedule. 2. Authorize collection of the 1991-1992 Sewer Service Charges on the County tax roll. 3. Consider any protest and, if appropriate, adopt the attached report pursuant to Section 5473, Health and Safety Code, for collection of delinquent Sewer Service Charges on the County tax roll. 13028-9/85 ..... U 'i: ..... en i5 >- ~ co ..... 'c co en co ..... en o U co ~ ..... c o U co ~ ..... c Q) U .... z u <( w C) a: <( ::I: U w U > a: w en a: w ~ en ~ 0') 0') ~ 6 0') 0') ~ .... z w d z ::::i w o "0 Q) ..... ,~ Q) .c. ..... ~ o - Q) C) ~ co .c. U Q) U 'S; ~ Q) en ~ Q) ~ Q) en ~ 0') 0') ~ 6 0') 0') ~ ~ 0') 0') "0 Q) :c >- U) ::l o 'S; Q) ~ 0. ~ Q) C ::l ..., - o ..... c Q) E >- co 0. ,5 ..... c Q) ::l 0" ,5 Qi "0 .~ ~ Q) c ~ o >- t: Q) 0. .... Q) ::l 00 0 V - N co ..... 0 C M ::l ~ .... 0 E N <( 0- ..... en Q) ~ .....Q) c..... Q)C 00 ::l- N O"~ 0') C :.:>- CO Q)..... N On; 0- C Q) a.. ..... 0 cQ) N Q)u M ::lc 0" co co c- O') '- co , Qia:l ~ 0 0- ~ 0') 0') - ~ ~ COco I UQ) 0 ,~> 0') u.. 0') ~ en en Q) c ~ ~:g co c ~<( COo <( u..... U c >- ::lc ~ ..... u.. .- , ~ a.. Q) 0 Q) 0_ 0. 'cw, S; 0 ~ '.j:i Ln C a.. ,~o co ON 0 en ~ v 0 I en 00 en N 0 Q) 0 ~ en I 0. eno 0 C) <(Z 0 c >- ~ 'i I ..... ,..... .. c 0') 0>- ::l =..... 0 ~ o~ U -Q) Q)o. .c.e 0. a.. Q. - Qi en ~ ~ o - N lI:t: ~ Q) 0. co a.. en o Q. - en en en ~ Centra ;~~:~ g~~~R~~~~a~~ Jistrict PAGE 1 OF 5 POSITION PAPER BOARD MEETING OF June 13 1991 NO. 5. DATE BIDS AND AWARDS a. SUBJECT GRANT RELIEF OF BID REQUEST FROM GATEWAY LANDSCAPE CONSTRUCTION, INC. AND AUTHORIZE AWARD OF CONTRACT TO MORI HATSUSHI AND ASSOCIATES FOR TREATMENT PLANT LANDSCAPE PROJECT PHASE II, DISTRICT PROJECT 10079 TYPE OF ACTION AUTHORIZE AWARD SUBMITTED BY Ba T. Than, Assistant Engineer INITIATING DEPT./DIV. Plant Operations Department ISSUE: On May 21, 1991 sealed bids for the Treatment Plant Landscape Project Phase II, District Project No. 10079 were received and publicly opened. The Board of Directors must decide whether or not to grant a relief of bid request. The Board of Directors must authorize award of construction contract or reject bids within 50 days of the opening date. BACKGROUND: On May 7, 1987 the Board of Directors authorized a consulting agreement with the firm of Royston Hanamoto Alley & Abey (RHAA) to take a conceptual design of the Treatment Plant Landscaping Master Plan and develop a biddable set of plans and specifications for the Phase I portion of this project. Phase I of the Treatment Plant Landscape project was completed in December, 1989. In Phase II of this project, the area adjacent to Imhoff Drive and the underpass road will be landscaped, and a reclaimed water service line will be installed along Imhoff Drive to provide landscape irrigation water to Parcel C (the Kewit parcel). Plans and specifications for this project were completed by RHAA and were publicly advertised on April 15 cmd April 22, 1991. Nine bids ranging from $159,800 to $234,351 were received and opened on May 21, 1991. A summary of the bids is shown in Attachment I. On May 24, 1991, the District received a request for relief from the apparent low bidder, Gateway Landscape Construction Inc. (Attachment 11). The request cites the reason for relief as a clerical error in the amount of $36,000. Under California Public Contract Code (Section 5103) a bidder may request relief of bid within five days of bid opening in the event of clerical or arithmetic error in preparing the bid proposal. The law is stringent with regard to relief from bids and allows relief to be granted by the awarding authority only under specific circumstances. Specifically, the law states that: "The bidder shall establish to the satisfaction of the court that: (a) A mistake was made (b) He or she gave the public entity written notice of the mistake within five days after the opening of the bids, specifying in the notice detail as to how the mistake occurred (c) The mistake made the bid materially different than he or she intended it to be (d) The mistake was made in filling out the bid and not due to error in judgment, or to carelessness in inspecting the site of the work, or in reading the plans or specifications" BTT R /7:::. ROGER J. DOLAN INITIATING DEPT./DIV. Bl"T 1302A-9/85 .____._..._.___~___"..._._..._.___._._____~"__..~.._____.._".__.__~_>.._~~......____..___..___.~_._ .._M....~.___.__.____._,.,_.____..._.._._.______._._._'-"--'---"'---'-"'-"---"---'-"~'~"--_.~~ GRANT RELIEF OF BID REQUEST FROM GATEWAY LANDSCAPE CONSTRUCTION, INC. AND AUTHORIZE AWARD OF CONTRACT TO MORI HATSUSHI AND ASSOCIATES FOR TREATMENT PLANT LANDSCAPE PROJECT PHASE II, DISTRICT PROJECT 10079 POSITION PAPER SUBJECT P GE 2 OF 5 A DATE June 4, 1991 The clerical error claimed by Gateway Landscape Construction, Inc. was made while transposing the bid price from working spreadsheets onto the official bid documents. Gateway Landscape Construction claimed that the correct bid price was intended to be $195,800 instead of $159,800 as shown in the bid document. The staff reviewed Gateway Landscape Construction's spreadsheets and concluded that the correct bid price is $195,800. The Plant Operations Department conducted a technical and commercial evaluation of the bids and concluded that in the event that Gateway Landscape Construction is relieved of its bid, the second low bidder, Mori Hatsushi and Associates, is the lowest responsible bidder for the bid amount of $195,000. The engineer's estimate for construction is $265,000. The funds required to complete this project are shown in Attachment III. The Treatment Plant Landscape Project, Phase II, is included in the 1990-91 Capital Improvement Budget (Pages TP-89 through TP-90). The 1990-91 Capital Improvement Budget estimated total project cost is $300,000. This project has been evaluated by staff and determined to be exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines, Section 18.5 since it involves a minor alteration to land for landscaping purposes. Board of Directors' approval of this project will constitute agreement with this determination unless otherwise indicated. RECOMMENDATION: 1. Grant relief of bid request from Gateway Landscape Construction, Inc. including return of bid bond. 2. Authorize award of the contract for the amount of $195,000 for construction of the Treatment Plant Landscape Project Phase II, District Project No. 10079 to Mori Hatsushi and Associates as the lowest responsible bidder. 13078 q, p,~ ATTACHt1ENT I Central C' 'ntra Costa Sanitar .,SUMMARV OF BIDS Page 3 of 5 District PROJECT NO. DP 10079 Treatment Plant lonct<;("i1pP, Phase II OATE May 21, 1991 LOCATION Martinez, CA ENGR. EST_ $ 265.000 0: ~ BID D E r:t (Nome. telephone & addcess) BID PRICE 1 Gateway Landscape Construction ( 415) 449-0909 $ 46 Rickenbacker Circle, Livermore, CA 94550 159.800 2 Mori Hatsushi & Associates ( ) $ 80 South Buchanan Circle, Pacheco, CA 94553 195,000 - 3 Watkin & Bortolussi, Inc. ( ) $ 77 Larkspur Street, San Rafael, CA 94901 196,900 4 Cagwin & Dorward ( 415 ) 892-7710 $ 8001 Binford Road, Novato. CA 94948 198,890 5 Co~tra ~9sta Lp~psc,~~~, Trtr;. , ~,415 ~??q:-,1_0fjn -, .- $ '199,-250 . '. , ~. . . 155 Dutra Road, Martinez, CA 94553 6 r.nn~nlirl~t~rl I ~nn?CCpe (415 ) 449-2242 $ 46 Rickenbacker Circle, Livermore, CA 94550 214,746 Munkdale Brothers ( ) $ 7 218,320 2075 Pioneer Court. San Mateo, CA 94403 Valley Crest Landscape ( ) $ 233,333 8 7043 Commerce Circle, Pleasanton, CA 94566 9 Bauman Landscape ( ) $ 234,351 397 Smith Ranc:h Road, Si'ln Ri'lfael, rA q4ql? ( ) $ - ( ) $ - ( ) $-~ -- " . ---- ----- -' -- ---- J ~---~-~--------_._--~-~---------~ -~----- k -P -p' PRCf'rd,CD OY n.-r-- \,__llen~._n, _. or,lT r::/Zl{ 11 <;~.~f~f::'" ,.~n (If" J ..------------~----------,._---~_._--~.__._^. "--"..-,..._-_.,..,,-~-----,+~..._-_.,,---_._._.__.__._'._-_._-_.._-_._-------~- ATTACHt1ENT I I Page 4 of 5 /--- ~ GATEWAY LANDSCAPE .k CONSTRUCTION 'NC {Xl {E e LE II Yll[ \P) MAY r. 4: 1991 May 22, 1991 eees!:' . .. w':~': ,;:,..-.::;.~~~ Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA. 94553-4392 ATTENTION: Joyce Murphy RE: Treatment Plant Landscape Project, Ph.II District Project 10079 Gentlemen: GATEWAY LANDSCAPE CONSTRUCTION, INC. hereby requests that our bid, submitted on 5/21/91 ~or the work.~:>n the ~bove referenced project ~~. withdrawn. Due to an error, numbers were transposed. Our bid shou1d have been $195,800.00 and not $159,800.00~" We apologize for this error and any incQnvenience this may have caused. We'~~e~enclosing a copy of our estimate sheets for your information. . _. We greatly appreciate.your:anticipat~d. approval of our request. Very truly yout's'r.~' 'C;; ~.. David J. Garcia Vice President CONSTRUCTION, INC. Q DG/ j s CC: Ba T. Than 4i Rickenbacker C;rde Livermore. CA 94550 .~ ; c) .~ 4 Cl fYV't'I ATTACHMENT III TREATMENT PLANT LANDSCAPE PROJECT PHASE II DISTRICT PROJECT NO. 10079 Post-Bid/Preconstruction Estimate 1 ITEM DESCRIPTION Construction Contract ITEM AMOUNT $195,000 23,000 2 3 Estimated Construction Contingencies at 1 2 percent Subtotal 218,000 4 Estimated Construction Incidentals for Project Completion 5 6 7 8 9 10 - Inspection - Contract Management - Plant Operations Department Staff - Landscape Architect Service - As-Built Drawings - Survey - Legal - Testing 14,000 10,000 2,000 7,000 1 ,000 1,000 1 ,000 1,000 37,000 255,000 45,000 300,000 25,000 275,000 Subtotal Total Estimated Construction Cost Pre-bid Expenditures Estimated Total Project Costs Previously Allocated Additional Allocations of Funds Required to Complete Project Page 5 of 5 TOTAL PERCENT OF CONSTRUCTION CONTRACT 100 17 21 .-._----"------,...._*-,~,----------_..,"~..~--,.~_..-_..__._--_.~-~~-"_.._.__."_..---"..._,.,.._._-_.._._,.."""~--'-""--' .... _.... .__...."...,.~._,_._._---,..,_.',.__._.._-,,_.~.,,-._-- _._.__.-...._----~~--- . ~ Cent,. Contra Costa Sanitar.. llistrict BOARD OF DIRECTORS PAGE 1 OF 2 POSITION PAPER BOARD MEETING OF June 13, 1991 NO. 6. CONSENT CALENDAR c. SUBJECT AUTHORIZATION FOR P.A. 91-5 (DANVILLE) TO BE INCLUDED IN A FUTURE FORMAL ANNEXATION TO THE DISTRICT DATE une 4, 1991 TYPE OF ACTION ACCEPT ANNEXAllON FOR PROCESSING SUBMITTED BY Dennis Hall, Associate Engineer INITIATING DEPT.lDIV. Engineering Dept.lConstruction Division Danville (78E7) Owner/Address Parcel No. & Acreage Randolph Finn, et al 315 Diablo Rd, Ste. 100 Danville CA 94526 196-320-004 (1.73 AC) Remarks Lead Agency Parcel Area No. 91-5 Future Subdivision 7477 consisting of six single family lots. A Negative Declaration has been prepared by the Town of Danville Town of Danville RECOMMENDATION: Authorize P.A. 91-5 to be included in a future formal annexation. 1302A-9/85 DH JSM RAB REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIATIN71V fl14B ._-----~- ._",--_._~_.,-_._------"----~-.-._.._----~_..__.",,...,,.----.-."--,-----....-,---."'"',-.-- ..._"._-,-~,_._-_._,-~_._,._,.__..._.-_._-~-_.,~'~_._-,-"-~_._._-_.._-_._._----_.---_.__...,_.._.~..._. -.."---..------..---,..---.,,..--.--.....- 1,,0 1"') AC r ~l ... 43,~ .45 ,,\ .L4V. ,loll f.X .,,It'. 30 L/' --- . --PilE<< A40/3:J ~ ~ ~ "'" I J" 35 ~ 9-""':::::' >---- ;0 2714 '~---- ~ /-r;j3 .'~9 !6)j \\\35 '-; 1- :- r.'~33 n ~ PI .'-=! "J 4 VfOo '4:r ~ i N '" ^- /'/ 5 - J ~ 409 ~ ~ !I '52 .'f> 25 <~ 10 9 ~,r" D ~ -<. v ~ / r~ "C'" q 20 ~ -'2 '"~\~ ~~~J/ ~ 15 Z 'T ~~"\1/ ~ ~ ~ '1 4) ..; ~ ,,0 . .5C ~~'T Gut it'1f+;7.. ..... 10 ulB 14 ~(/.. 13 41 C1' v':: 41 ~8 14 I---~ 5('l "\ J.,"f' ! ........, -- ....~ 80 57 5 10 \" ,. ~..o61 12 :';;-'! J:>1 '" ~ , 10 55 1,53 . -<.0 .', " -;9, 2 -T,;(f ... "] I t; "-"::.:::.-:. ~OPE . LIl \f> ~ - --- \\1 I 6B AC ~ ~ '7.~ - -- - -- '- ~ ~.. f> \ 15 ,'b 3 0 AC \ _ \ E A \' 16 '~,O .-...::: ~: ~".~-J;Z ~~-\~~~6~\' '60"ft.0l'\'~.,,'~~OJO'- r V ~_ \ 90 . , >- . ~v " & 0 ';&0 \ 9B - f 1 >- '~: ~ ~ 3 I~:"" ,\' _ "~r - 't! I \ -1..J \46 2 93AC b-' 10_ ~B2 ~ .'\. I( J > ~ ~ ACr ~ ~.' \ ~1lRE(N VAllEy cr, l~r..._ J 10 . to'" ~ &7. g_.44\\ ~ ,\ \ u.i!' l~ A'" &' 61 ~~~.Jt I uJl c.' ).~~~ 51'i"56 ..,.' f1 2~ ~ a '.~' ~'\ ",403'( I 3 ~ ,15 - 42 S ~ "I' ~ "LL':,::,:,:,=,' 16.. g~c 5Q I /~ 19 \ IB 'T~~ 5 .., (FL..""'" ~ - f t:f 4 ~~ 1 2~;1J; VJJ ~ B g 55~~34(~~j \ "'...--,- 1/JO T '<IT "'~ --r, 1~\\4 \. 69\ ';l 1 _\.fJ 6. L.' _~. fj .'" ,ul 16..5 InR 58 '::1- ~\\,.: ~ +-~ 6~ R A BB' ( .. ~ J,'>""\ .~~.~ i_IB5 I---J'5l '. ",.. l 1'I0~ '-~ \1, 751 14 I.. '., :":BAPTIST J'!iJ 25 7 58 80 " CHURCH j f ~~I, ?...I~ LY ESD5~~-il b1~" Il,t~ \ ::.~. IJ . 5~; . . ';6\~ 1 51~~~1 ~40 ~i' ~ . ft.' ~,~ .:'V~, ~.t~. ' " ',/~g BE 1111 ~.. .*-f ~/~ \.:._:~.:\J ~8 53 ~ ~ ~ b ~ ...... "'. STONE VALLEY ROAD { I I I I? AC '" A""....",. ."'" /\y~, \Ii XLi.' : \ ,- - ! -] 11_ : ,~ ION RICT ( I- SAN RAMON HIGH SCHOOl 01 43.30 AC 31lAC ., I -...J... '.. r~ 1] r {:::i} ::,:;:::,:,:;:: iii::iioEf;' :'MW r- 38AC 19AC 129 AC 1.0 AC .... bOo, 2.45AC - .... I-- ) AC 275AC ~~::_I if::: loe Acl ~, i /~ r61 .1 J~'''' &" " '(" ~'f:, 17 ....................:.:.:. :.:::*::::~ :~" "" .' }:,:' :'::~:~:: .:<.::::~::::~~~:.:~~:<:~ '. ti ..................... ~.~~.. .' ":r'" ................ ttttttt~ ::::?::::: .::::. .:. :.' ::::::: .:::::: ..' '. '. ::." ......... ",_ DANVILLE UNION SCHOOL O! 3T~ICT 19.34 AC 4AC .... -----1>1 / J ~."c~:~ __ g1 . l\ ~ fj _ _ - - - ~ \0 "~'1.r -A . \0 66 ,OE> ItI 1:- \~Q~...o'- ~ 1~ ~~:::::::;~~ ~ ~~~"''3'\ \\fj ...... ~ \~ '" .\ ~6A 1 ~ .i'J i:- f> ",'2- \. 'vi. "','2-0 ",0 C~ ~ ~~4~ f:~ 144 / ~ / ~ ot~53 u '" ~4 \~ 145 I-- ~ ,\,..:.:.::..- ~ . ~ , ~ _'55 ~ ... ~ 45 "' 140~ -;'157 15~ 148 ~ ~Ir-""'" ~ '9. ~ REY 137 '.-4 ~:,~o ~~'::::;~:~~~. of! / . '.'9 :\,: ......:.~O~ \ .' .' ~- '. .' .'0 ,,~~ ~~ GREEN VALLEY SCHOOL 9.76 AC , \ PROPOSED ANNEXATION . ..~ 8 ~78e 7 P.A.91-5 II SUB 15 3 2e AC I A 3 52 AC 6 ~~ 277 AC \ C1. ".~ 7.' ., 'l.0,> ... 4 ~ C' "'" ..."" __c,;L\ , o ~" ~"':'~ '::'E::hiih ~ Centn ;~~~~ g~~~R~~~::~~ .Jistrict PAGE 1 OF 15 POSITION PAPER BOARD MEETING OF June 13,19910 NO. 6. CONSENT CALENDAR d. SUBJECT DATE June 4, 1991 ORDER COMPLETION OF DISTRICT ANNEXATION 119 TYPE OF ACTION COMPLETE ANNEXATION OF DA 11 9 SUBMITTED BY Dennis Hall, Associate Engineer INITIATING DEPT./DIV. Engineering Dept.lConstruction Division ISSUE: A resolution by the District's Board of Directors must be adopted to finalize District Annexation 119. BACKGROUND: The District previously made application to the Local Agency Formation Commission (LAFCO) for the annexation of ten parcels of land designated as District Annexation 119. LAFCO has considered this request and has recommended that Parcels 1, 2, 3, 8, 9, and 10 as shown on the attachments, be processed as submitted. LAFCO has added the 1 .1 2 acre parcel of land located between Parcels 6 and 7, thus combining these two parcels into one parcel for annexation purposes. No public hearing is required and the annexation of Parcels 1, 2, 3, 6, 7, 8, 9, and 10 can be completed. The annexation of Parcels 4 and 5 is still being considered by LAFCO and will be calendared for Board action after LAFCO completes its processing. A Negative Declaration addressing the proposed annexations was prepared by LAFCO pursuant to CEOA and was used by LAFCO in making its determinations and approving this annexation. This Negative Declaration is attached hereto as Exhibit "A." In accordance with District CEOA Guidelines Section 7.1 7 (f), the Board must review and consider the environmental effects of the project as shown in the Negative Declaration before approving the annexation. District staff has reviewed said Negative Declaration and concurs with its findings. RECOMMENDATION: Adopt a resolution concurring with and adopting the Negative Declaration of LAFCO, certifying that the Board has reviewed and considered the Negative Declaration, ordering the filing of a Notice of Determination as a Responsible Agency stating that the District considered the Negative Declaration as prepared by LAFCO as required, and ordering the completion of District Annexation No 119. REVIEWED AND RECOMMENDED FOR BOARD ACTION 1302A-9/85 DH JSM RAB INITIATING DEPT./DIV. ~( II /If ME PAGE 2 of 15 MUIR OAKS ( 10 M 243) @ 1'16'1 ~ \Z!!!} ~ ~: ~= -- * PREVIOUS ANNEXATION EXISTING CCCSD BOUNDARY PROPOSED ANNEXA nON SIGNED PETITION " ) r CENTRAL CONTRA COSTA SANITARY DISTRICT DISTRICT ANNEXATION 119 0. PARCEL 1 PAGE 3 of 15 ~ ~ JOHN MUIR ROAD VINE HILL WAY \ CENTRAL CONTRA COSTA SANITARY DISTRICT DISTRICT ANNEXATION 119 PARCEL 2 PAGE 4 of 15 ~ \Z!!!} (PETERS ,! HULL) /2783 ;'R. 768 ~ 7-2 "/3" /187 ~6 P.M /2 ~ StJl3. 6769-........ (326 M 2.Z ) ""'" SUB. 3543 DONEGAL r ~ ~= PREY IOUS ANNE XA TION 'WIl$ffilf = --= * EXISTING CCCSD BOUNDARY PROPOSED ANNEXATION SIGNED PETITION CENTRAL CONTRA COSTA SANITARY DISTRICT DISTRICT ANNEXATION 119 PARCEL 3 COMIST PAGE 5 of 15 \ !VE -------- - \ fill \i!!Y I ! I @ 1990 T-~--I I A \ffE} ~ \Z!!J} ~ ~ ADDED BY LAFCO CENTRAL CONTRA COSTA SANITARY DISTRICT DISTRICT ANNEXATION 119 PARCEL 6 & 7 L ./ ~o~.// ~'\ , -\ '"' // ~v .//'' ,/ PAGE 6 of 15 r- > \ RANCH~~~~ HEIGHTS UNIT NO.1 /" \ /./' 45 20 @ PREVIOUS ANNEXATION DATE = i r ~= EXISTING (((SO BOUNDARY ! --- PROPOSED ANNEXA nON @ * > SIGHED PETITION 1'167 PARCEL 8 PARCEL 9 ~ \5V 7 of 15 @o, ...~ .... <::>'" 7", (,) 0:> .- '(fl ~ a> '.J 01 ~ ~ ~ ~v ~ * C/) c pl )l( , :t- . t i ~ ~ (jj -i :0 }> r ..... N (Cl (Cl N 89'/J'cl"w 34'1.57 ~ @) I i I \ ,. \ + I d------+ ---, I SEEW E6 It ITRA'FOAO IT I a WARWICK IT a WAVERLV IT ........_ CENTRAL CONTRA COSTA SANITARY DISTRICT DISTRICT ANNEXATION 119 PARCEL 10 EXHIBIT "A" LOCA~ AGENCY FORMATION COMMISSIC (LAFCO) OF CONTRA COSTA COUNTY NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE Person (Applicant): Central Cont~a Costa Sanitary District Project Title: Annexation No. 119 to Central Contra Costa Sanitary District (LAFC 91-4) Project Location: Danville, Martinez, Orinda, Walnut Creek areas Responsible Agency Contact Person: Dewey E. Mansfield, Executive Officer Contra Costa LAFCO 8th Floor, McBrien Administration Bldg. Martinez, CA 94553 (415) 646-4090 GENERAL PROJECT DESCRIPTION (Nature, Purpose, Beneficiaries, Reasons Environmentally Insignificant): This is for the annexation of ten separate areas to the Central Contra Costa Sanitary District. Parcels #3 through #10, covering 29 acres are covered by separate environmental documentation and those documents are included by reference. The remaining proposed annexation area includes 28 acres of land. To provide for more logical boundaries, the Executive Officer may recommend additional parcels be added to provide for a more reasonable boundary. These annexations are all infill projects which conform to adopted city and county general plans. Parcel #10 is covered by a Danville mitigated Negative Declaration and Parcel #3 is covered by a County EIR. The remaining 28 acres are small infill parcels which won't have a significant environmental impact. The addition of parcels to create a better boundary won't create a significant impact. It is determined from initial study by JIM CUTLER that this project does not have a significant effect on the environment. ( X) Justification for negative declaration is attached. The Initial Study is available at the above-noted office. MAR 2 0 '1991 Signed I Date Posted: Date of Final Appeal: April 10, 1991 original: cc: County Clerk LAFCO File . . LOCAL AGENCY FORMATION COMMISSION (LAFCO) OF CONTRA COSTA COUNTY INITIAL STUDY OF ENVIRONMENTAL SIGNIFICANCE File Name: LAFC 91-4 Prepared By: JIM CUTLER Date: 3-11-91 A. RECOMMENDATION: ( )Categorical Exemption (X)Negative Declaration ( )Environmental Impact Report Required The project (May) (Will Not) Have A Significant Effect On The Environment. These annexations are all infill projects which conform to adopted city and county general plans. Parcel #10 is covered by a Danville mitigated Negative Declaration and Parcel #3 is covered by a County EIR. The remaining 28 acres are small infill parcels which won't have a significant environmental impact. The addition of parcels to create a better boundary won't create a significant impact. B. PROJECT INFORMATION: 1. Project Location and Description: This is for the annexation of ten separate areas to the Central Contra Costa Sanitary District. Parcels #3 through #10, covering 29 acres are covered by separate environmental documentation and those documents are included by reference. The remaining proposed annexation area includes 28 acres of land. To provide for more logical boundaries, the Executive Officer may recommend additional parcels be added to provide for a more reasonable boundary. 2. Site Description: The area consists of vacant land which is undergoing the development process and lots with failing septic systems. 3. Character of Surrounding Areas: These ten areas are all located within the developing and developed suburban areas of Central Contra Costa County. -2- C. GENERAL CONSIDERATIONS: 1. Does the project conform to City or County General Plan proposals including the various adopted Elements? Suburban residential designations Yes No Maybe N/A x General Plan Designation; source: Martinez, Lafayette, Walnut Creek, Danville and County Plans 2. Does the project conform to existing (or proposed) zoning classification? x Classification: Various single family residential designations 3. Does it appear that any feature of the project, including aesthetics, will generate significant public concern? x Nature of Concern: 4. Will the project require approval or permits by agencies other,than LAFCO? x Other Agency? Central Contra Costa Sanitary District *S=Significant N=Negligible C=Cumulative No=None U=Unknown N/A=Not Applicable D. ENVIRONMENTAL IMPACTS: (include mitigation measures for significant effects where possible) *S N C No U N/A 1. Earth Will the proposal result in or be subject to: a) Erection of structures within an Alquist- priolo Act Special Studies Zone? x b) Grading (consider amount and aesthetics)? for water line installation x c) Slides, liquefaction or other hazards on or immediately adjoining the site? x d) Adverse soil or topographic characteristics (consider soils type, slope, septic tank limitations, etc.)? x e) Wind or water erosion of soils, on site or off? x f) Prime agricultural lands? x Discussion: Grading may be done in concert with city development applications -3- 2. Air Will the project result in deterioration of existing air quality, including creation of objectionable odors? S N C No U N/A X Discussion: Infill housing only 3. Water Will the project result in: a) Erection of structures within a designated flood hazard (prone) area? b) Reduction of surface or ground water quality or quantity? c) Alteration of drainage patterns or runoff? d) Disruption of streams or water bodies? Discussion: 4. Plant/Animal Life Will the project result in: a) Changes in the diversity of species, or numbers of any species of plants or animals? b) Reduction of the number of any unique, rare or endangered species of plants or animals? c) Introduction of new species of plants or animals into an area, or inhibition of the normal replenishment, migration or movement of existing species? d) Reduction in acreage of any agricultural crop or existing fish or wildlife habitat? Discussion: Landscaping will occur relating to new development; no impacts are associated with that change 5. Noise Will the project result in: a) Structures within the 60dBA noise contour per the General Plan Noise Element? b) Increases from existing noise levels? Discussion: 6. Natural Resources Will the project affect the potential use, extraction, conservation or depletion of a natural resource? Discussion: x X X x x x x x x X X -4- 7. Energy will the project result in demands upon existing sources of energy, or require the development of new energy sources? Discussion: 8. Utilities Will the project result in the need for new systems or alterations to the following utilities (including sphere of influence or district boundary change): electricity, natural gas, communications facilities, water, sewers, storm drainage, solid waste disposal? X Discussion: This is an annexation to provide sewer service to planned areas of development 9. Public Services Will the project result in the need for: a) New or altered services in the following areas: fire protection, police protection, schools, parks or other recreational facilities, roads, flood control or other public works facilities, public transit or other governmental services? b) Alteration of sphere of influence boundaries? c) Alteration of service district boundaries? Discussion: 10. Transportation/Circulation (Consider the Circulation Element) Will the project result in: a) Generation of additional vehicular movement with initiation or intensification of circulation problems (consider road design, project access, congestion, hazards to vehicles, pedestrians)? X b) Effects on existing parking facilities, or demands for new parking? c) Impact on existing waterborne, rail, air or public transportation systems? Discussion: Some minor growth associated with new construction S N C No U N/A X X X X x x -5- S N C No U N/A 11. Growth Inducement Will the project: a) Alter the location, distribution, density or growth rate of the human population of an area? b) Affect existing housing or create a demand for additional housing? c) Establish a precedent for additional requests for similar uses? d) Impacts or include agricultural preserve lands? e) Impact on agricultural production? Discussion: Annexation will allow tor city or County approved housing projects to proceed 12. Aesthetics Will the project obstruct any public scenic vista or view, create an aesthetically offensive site open to public view, or produce new light or glare? Discussion: 13. Recreation Will the project affect the quality or quantity of recreational opportunities? 14. Archeological/Historical Are there known archeological, historical or other resources on the site or in the general vicinity? (Historical Resources Inventory and archeological site maps) Discussion: 15. Hazard Will the project result in a risk of explosion, release of hazardous substances or other dangers to public health or safety? Discussion: x x x x x x x x x -6- 16. Other (Consider impact on open space or sprawl) Will the project result in other significant effects on the environment? Discussion: 17. Mandatory Findings of Significance (A "significant" check on any of the following questions requires preparation of an EIR) a) Does the project have the potential to degrade the quality of the environment, or curtail the diversity in the environment? b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? c) Does the project have impacts which are individually limited, but cumulatively considerable? d) Does the project have environmental impacts which will cause substantial adverse effects on human beings, either directly or indirectly? Discussion: Local Agency Formation Commission of Contra Costa County McBrien Administration Building, 8th Floor 651 Pine Street Martinez, California 94553 (415) 646-4090 ~ !i f No U N/A X X X X X NOTICE OF DETERMINATION Oh PROJECT UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT County Clerk, County of Contra Costa From: Local Agency Formation Commission (LAFCO) of Contra Costa County 8th Floor Administration Martinez, CA 94553 Subject: Filing of Notice of Determination in Compliance with Section 21108 or 21152 of the Public Resources Code (CEQA Guidelines 15075, 15094, 15096[i)) PROJECT TITLE, LOCATION, AND DESCRIPTION: District Annexation No. 119 to Central Contra Costa Sanitary District (CCCSD) and Adoption of a Negative Declaration (LAFC 91-4) This application annexed + or - 55 acres in eight separate parcels generally adjacent to existing CCCSD boundaries in the vicinities of the communities of Danville, Martinez, and Walnut Creek. Properties submitted for annexation are identified by Assessor Parcel Nos. 139-430-001, 002, 003, 004, 005; 162-132-001 and 002; 167-130-033; 203-160-004; 203-171-008 and 013; 216-151-003; 216-160-008; 365-160-024, 025; 366-140-014. The Executive Officer recommended amending the boundary of affected territory to include an additional parcel of land identified by APN 139-430-006. A Negative Declaration was adopted, pursuant to the California Environmental Quality Act, finding that the subject project (proposed annexation) will not have a significant effect on the environment. This is to advise that LAFCO, as lead agency, has made the following determinations regarding the above-described project: Project: ~Approved __Denied Date: 5/8/91 The project will ~will not have a significant effect on the environmen~ The Commission adopted a Negative Declaration for this project pursuant to the provisions of CEQA. A statement of Overriding Considerations __was ~was not adopted by LAFCO for this project. Mitigation measures were x were not made a condition of approval of the projec~by LAFCO. 121-1/J{-Il-hUA~/l ~uttL/ Annamaria Perrella Executive Officer MAY 1 3 1991 Date cc: File AFFIDAVIT OF POSTING I declare that on s- /~-l- q / I received and posted this Notice as required by Pub. Resources Code Section 21152(c). It will remain posted for 30 days. ~/I1. ':744' Signatu~/ Title Filed: MAY 1 3 1991 . ---*~_._-"._---_._--,-_._----~_._-~_._-_._._--._-_.."~.--.--.-----.-------.------.-..---..----....-..,....---..---",.-.------- . Central Contra Costa Sanitary District BOARD OF DIRECTORS 3 PAGE 1 OF POSITION PAPER BOARD MEETING OF June 13, 1991 NO. 6. CONSENT CALENDAR e. DATE June 10, 1991 SUBJECT AUTHORIZE CONSENT TO COMMON USE AGREEMENT WITH THE CITY OF WALNUT CREEK FOR SOUNDW ALL CONSTRUCTION WITHIN THE DISTRICT'S EASEMENT AT THE FORMER SOUTHERN PACIFIC RIGHT OF WAY TYPE OF ACTION AUTHORIZE AGREEMENT SUBMITTED BY Andrew J. Antkowiak Assistant Engineer INITIATING DEPT /DIV. Engineering Department Engineering Division ISSUE: The City of Walnut Creek has requested the District's approval to allow construction of a sound wall within a District sanitary sewer easement. Background: The City of Walnut Creek is proposing to build a road extension in the former Southern Pacific Railroad right-of-way between Newell Avenue and Rudgear Road. To mitigate noise created by the new roadway, the city is required to construct soundwalls on both sides of the road extension. The proposed sound wall on the west side of the South Broadway road extension needs to be located within the District's existing easement for the 66-inch Walnut Creek Bypass sewer and the city has requested permission from the District to build the sound wall over the District's pipeline. The location of the common use easement is shown on Attachment 1 and typical cross section on Attachment 2. The existing 66-inch reinforced concrete sewer pipe was constructed between 1987 and 1990 and varies in depth from 15 to 25 feet. The city has cooperated with the District's staff and has agreed to all of the District's conditions for common use of the easement as stipulated in the Common Use Agreement. The City Council is scheduled to consider approval of the Common Use Agreement on June 11, 1991. The conditions contained in the agreement grant the District the right to close the street to traffic and require the city to be responsible for any loss, expense, damage, and any extra costs to the District that may result from placing the soundwall within the District easement. In addition, the city is required to design the soundwall on spread footings and in removable sections, generally twenty feet (20') or less in length. To facilitate access to the sewer, the proposed soundwall will contain no concrete barriers and will have recessed sections at sanitary sewer manholes. The conditions also require the city to enter into a separate sewer relocation agreement with the District for an existing 10-inch sewer east of the South Broadway extension. The District's staff is evaluating sewer route alternatives and negotiating the relocation cost sharing agreement with the city now. After completion of the negotiations, staff will make a presentation to the Board of Directors describing the recommended relocation and terms of the cost sharing agreement. This project (the proposed common use agreement) has been evaluated by staff and has been determined to be exempt from the California Environmental Ouality Act (CEOA) under District CEOA Guidelines, Section 18.6, since it involves a minor alteration in land use limitations. Board of Director's approval of this project will constitute agreement with this determination unless otherwise indicated. Recommendation: Authorize the Consent to Common Use Agreement with the City of Walnut Creek and 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. AJA -5 \;'\C INITIATING DEPT.lDIV. 1302A-9/65 CWS \of RAB , Pa e 2 of 3 ~, h G . /, ATTACHMENT SOUTH BROADWAY EXTENSION COMMON USE EASEMENT 1 , -l ,<( , 0:' , I- '0 . w en , 0' , a.. , 0 . 0: . a..' , n ill ~ ~r!lJ Ie.. !I.:..:.:..... '11 \1 8,1,,.:11 &0>. JII ~ 6k~1 2L< < till ~1\1 ~r:JII ~i>>1 wEIll <:1 I ; <III r ~I a: _ w <03: <Ow (!J(/) ~~ (/)< -l- x_ wZ c1j Paqe 3 of 3 EXISTNG 20' SANTARV SEWER EASEMENT PROPOSED SOlNlWAL1. PROPOSED TRAL l~ .,~--=-i tT----T 'I I I EXISDlG SAN RAMON I I BYPASS ~ I I f;)-) L---l ~ b L----i ~-V/ SPREAD FOO~ Q II II EXISDlG 66" SANTARV SEWER >- < 3: o ~ 1 a: o w (/) o e.. o a: e.. w Z ::i a: w !z I W U TYPICAL CROSS SECTION N.T.S. II II II II II PLAN VIEW AT SOUNDWALL RECESSED SECTION N.T.S. SOUTH BROADWAY EXTENSION PLAN AND TYPICAL CROSS SECTION 2 2523-9/8: . Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 2 POSITION PAPER BOARD MEETING 3une 13, 1991 NO. 6. CONSENT CALENDAR f. SUBJECT ACCEPT THE CONTRACT WORK FOR THE DISTRICT VEHICLE PARKING PROJECT (DISTRICT PROJECT 20062) AND AUTHORIZE THE FILING OF THE NOTICE OF COMPLETION DATE June 4, 1991 TYPE OF ACTION ACCEPT CONTRACT WORK SUBMITTED BY Munawar Husain, Associate Engineer INITIATING DEPT IDIV Engineering Department/Construction Division ISSUE: Construction has been completed on the District Vehicle Parking Project and the work is now ready for acceptance. BACKGROUND: The contract work included construction of an 8,300 square foot asphalt parking lot on the treatment plant site. Also included were improvements to the storm drainage system at the site. The location of the new parking lot is to the east of the Headquarters Office Building (HOB), as shown in Attachment I. This parking lot will provide parking for District vehicles that will be relocated from the basement of the HOB as a part of the Office Space Expansion Project. The new parking lot will also provide spaces for District vehicles that were previously parked in unpaved areas in the vicinity of the trailers east of the HOB. This project is a component of the Expansion of Plant Parking Area Project, District Project No. 20062, and is included in the 1990-91 Capital Improvement Budget beginning on page TP-81 . The contract was awarded to the lowest responsible bidder, B & B Grading and Paving, Inc. (B & B), on April 4, 1991, by the District Board. B & B was issued a Notice to Proceed on April 23, 1991. The original contract completion date was June 13, 1991. The contract work has been completed eight calendar days ahead of schedule with beneficial use of the new facilities occurring on June 5, 1991. It is appropriate to accept the contract work at this time. The total project budget is $84,000. A detailed accounting of the project costs will be provided to the Board at the time of project close out. RECOMMENDATION: Accept the contract work for the District Vehicle Parking Project (District Project 20062) and authorize the filing of the Notice of Completion. REVIEWED AND RECOMMENDED FOR BOARD ACTION 1302A-9/B5 RSK j, INITIA~Fj/IDIV. .rzi MH RAB Q I -----------------b ---------------- II I I I I I I ~' -~------------- ------------------- cBS 88- ,/' r --- - - Project Location Centrol Contro Costo Sanitary District New District Vehicle Parking Lot Location Map Attachment 1 . Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF POSITION PAPER BOARD MEETING OF NO. June 13, 1991 6. DATE CONSENT CALENDAR 9. SUBJECT AUTHORIZE LEAVE OF ABSENCE WITHOUT PAY FOR JACQUELINE ZAYAC, PLANNING ASSISTANT, FROM JULY 5,1991, THROUGH AUGUST 29,1991 TYPE OF ACTION AUTHORIZE LEAVE SUB"4ITTED BYM K II .James . e y Planning Division Manager INITtA TJ,NG OEPT/D.IV t:nglneenng Department Planning Division ISSUE: Board approval is required for an Employee Leave of Absence Without Pay for longer than 30 working days. BACKGROUND: Jacqueline Zayac, Planning Assistant, has been on Pregnancy Disability Leave since February 9, 1991. Under the provisions of the MOU, she may take up to six months leave for the birth of her child by using a combination of pregnancy disability leave, sick leave, vacation, earned overtime, and leave of absence without pay. Ms. Zayac has requested the Board approve a Leave of Absence Without Pay from July 5, 1991, through August 29,1991. RECOMMENDATION: Authorize a Leave of Absence Without Pay for Jacqueline Zayac, Planning Assistant, effective July 5, 1991, through August 29, 1991. REVIEWED AND RECOMMENDED FOR BOARD ACTION JM~ ?::-. ROGER J. DOLAN INITIATING DEPT.lDIV 1302A-9/85 PAGE 1 OF25 June 13, 1991 NO. 7. SOLID WASTE a. SUBJECT ADOPT RESOLUTION AUTHORIZING CENTRAL CONTRA COSTA SANITARY DISTRICT TO ENTER INTO A JOINT POWERS AUTHORITY (JPA) WITH CONTRA COSTA CITIES, THE COUNTY, AND OTHER FRANCHISING DATE June 4, 1991 TYPE OF ACTION ENTER INTO JPA APPOINT TWO REPRE ENT A TIVES Paul Morsen, Deputy General Manager INITIATING DEPTJOIV. Administrative ISSUE: Board action is needed to enter into a Joint Powers Agreement with other agencies. BACKGROUND: In recognizing the need for improved solid waste management in Contra Costa County, improved level of cooperation between agencies to accomplish the myriad of tasks required by AB939, and the need for regional planning, a steering committee was formed by the Mayors' Conference to encourage solid waste activities through a county-wide JPA representing all franchising agencies. Steering committee members are Susan Rainey, Avon Wilson, Nancy Parent, and Rosemary Corbin. (The original chairperson, Roy Hawes, retired in the midst of this effort and was replaced by Avon Wilson.) The committee has worked for over two years toward this effort and developed an agreement, attached, for Contra Costa County cities, the county, and garbage franchising sanitary districts to consider. Cooperative solid waste planning, as well as other solid waste activities that the JPA determines, will be the charge of the JPA. The steering committee and staff have worked diligently to establish a cooperative climate in the county with regard to solid waste planning. Establishing a county-wide JPA would benefit everyone involved as a result of regional planning n especially the rate-paying public. The Board, if it authorizes the District to join the JPA, will be required to appoint a Board member and an alternate member to represent the District. RECOMMENDATION: 1) Adopt the attached resolution authorizing membership of Central Contra Costa Sanitary District in the Contra Costa Solid Waste Authority; 2) Appoint a member and an alternate member of the Board to represent the District on this body. REVIEWED AND RECOMltfENDED FOR BOARD ACTION w:- $-- PM /PosPaper#3/EnterJPA.PP I ----_._._---_._--"-,---_._---~_.._---,-~~---_.~-~~._~----------.,.--.---.----. CONTRA COSTA COUNTY JOINT POWERS AUTHORITY Steering Committee April 29, 1991 Honorable John Clausen, President Board of Directors Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553 Dear Mr. Clausen: For over two years, a number of elected and appointed representatives of Contra Costa cities and special districts have been meeting for the purpose of developing a County-wide Joint Powers Authority to better plan and manage solid waste within Contra Costa County. The committee has circulated a draft agreement to cities and sanitary districts and the County. The Town of Moraga requested one change which was made to clarify the document. This change is in Article 6, Section D. The draft document was presented to the Contra Costa Mayors' Conference and the Contra Costa Sanitation and Water Agencies Organization for recommendation. It was the consensus of these two organizations that a final document be presented to each city and the franchising sanitary districts, as well as the County recommending they join this new Authority. The purpose of this letter is to transmit the final Joint Powers Authority document and a sample implementing resolution. You are requested to place this matter before your Council/Board for adoption at a properly noticed public hearing as soon as possible in accordance with your scheduling policy. It is planned that the first meeting of the Authority will be on June 27, 1991 at 7:30 p.m. The location will be announced later. Should your city or district wish a presentation at a workshop prior to your public hearing, please contact Paul Morsen, Deputy General Manager of the Central Contra Costa Sanitary District (689-3890). He can arrange for members of the Steering Committee to make a presentation at your Councilor Board Meeting. Also, it would be appreciated if you would call Mr. Morsen and let him know when this matter is scheduled for hearing, as a member of the Steering Committee will try to be present. Steering Committee staff has worked with County staff to incorporate as many of their suggestions as possible, without changing the intent of the organization. We are unsure, as of this time, whether the County wishes to join. This letter provides them that opportunity; it is hoped they will come to the table and work with all of us to Honorable John Clausen, President Board of Directors Page 2 April 29, 1991 cooperatively undertake solid waste planning which is so critical now under Assembly Bill 939. Thank you in advance for your attention to this matter. The Steering Committee hopes to be meeting with you soon in a County-wide solid waste planning organization. Sincerely, tl;?f;uk von Wilson Councilmember, City of Lafayette Chair, JPA Steering Committee f1J4Ad'>-' /h;9:'Y~~ Susan McNulty Rai ey flJ--- Board Member, Central Contra Costa Sanitary District '" . \G\ X~ N~. Parent Councilmember, City of Pittsburg Rosemary M. rbin Councilmember, City of Richmond ;() / ) ~~ PM/dk cc: P. Morsen General Manager ADS/Morsen #3/JPA.Ltr JOINT EXERCISE OF POWERS AGREEMENT CONTRA COSTA SOLID WASTE AUTHORITY ARTICLE 1: PURPOSE A. Puroose of Aareement: It is the purpose of this Agreement to establish, pursuant to the Joint Exercise of Powers Act, a public entity separate from each of the agencies. This public entity is to be known as the Contra Costa Solid Waste Authority, hereinafter referred to as the n Authority. .. B. Puroose of Authoritv: The purpose of the Authority shall be to exercise certain powers set forth below in a manner which will assure the citizens of the agencies that solid waste activities in Contra Costa County will be conducted in a manner most consistent with the general public good and the protection of the environment. 1 ARTICLE 2: DEFINITIONS 1 . Contra Costa Waste Manaaement Authoritv The "Contra Costa Waste Management Authority" shall be the name of the separate public entity created by this Agreement, which entity may also be hereinafter referred to in this document as the " Authority. " 2. Hazardous Waste Hazardous waste means a waste or combination of wastes which, because of its quality, concentration, or physical, chemical, or infectious characteristics, may do either of the following: a. Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness. b. Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or otherwise managed. Unless expressly provided otherwise, hazardous waste includes extremely hazardous waste and acutely hazardous waste, and any waste defined as hazardous by applicable federal or state statutes and regulations. 3. Household Hazardous Waste Household Hazardous Waste includes all chemicals and other products commonly used in daily life, and commonly found in domestic households which contain hazardous substances when such chemicals or other products are disposed of as worthless, whether such substances are disposed of as a part of the normal domestic solid waste or discarded in some other manner. For the purposes of this definition, "hazardous substance" means a hazardous substance as defined in Section 25316 of the Health and Safetv Code. 2 4. Member Aaencv A member agency for purposes of this Agreement shall mean each city, county, or special district that is a signatory to this Agreement. 5. Recvclables Recyclables include all solid waste, other discarded materials, or materials that would otherwise become solid waste which may be recycled. Recyclables, for the purpose of this Joint Power Authority, include, but are not limited to, aluminum and tin cans, plastics, glass, green waste, and paper products. 6. Recvcle or Recvclina "Recycle" or "recycling" means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. "Recycling" does not include transformation, as defined in Section 40201 of the Public Resources Code. 7. Reaional Facilitv A regional solid waste facility shall mean a facility that provides solid waste handling services, including disposal, and/or composting for the constituents and/or the .collector for the constituents of more than one member of the Authority. 8. Reaulation of Rates The "regulation of rates" as used herein shall be defined to be the whole of the process of reviewing costs of operation and the fixing of rates to be levied and collected at facilities or by enterprises which provide regional solid waste handling services to users within the jurisdictions of the member agencies. Regulation of rates shall be in accordance with Attachment "A" which is appended to this document. The regulation of rates as used herein does not include the regulation of garbage collection rates under franchises held by member agencies unless such individual member agencies specifically delegate or assign such responsibility to the Authority. 3 9. Solid Waste a. Except as provided in subdivision "b", "c" and "d" below, solid waste means all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolishing and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes. Solid waste includes commonly discarded recyclables such as glass, aluminum, paper, and plastic products. b. Solid waste does not include hazardous waste and/or liquid petroleum waste products, excepting household hazardous waste as defined elsewhere herein. c. Solid .waste does not include low-level radioactive waste regulated under Chapter 6.7 (commencing with Section 25800 of Division 20 of the Health & Safety Code). d. Solid waste does not include medical waste which is regulated pursuant to the Medical Waste Management Act (Chapter 6.1 {commencing with Section 25015} of Division 20 of the Health & Safety Code), provided that the medical waste, whether treated or untreated, is not disposed of at a solid waste facility which is subject to the powers invested in this Authority. Medical waste which has been treated and which is lawfully deposited into the normal solid waste stream shall be considered solid waste for purpose of this Agreement and shall be regulated. 4 ARTICLE 3: POWERS OF THE AUTHORITY A. General Powers: The Authority shall have the powers common to its member agencies and may: 1 . Advise the member agencies on issues related to regional solid waste facilities and programs. 2. Advocate the interests of the member agencies related to solid waste facilities and programs with local, state, and federal agencies. 3. Maintain comprehensive County Integrated Waste Management Plans by preparing and presenting proposed revisions and amendments to same. 4. Plan for regional solid waste facilities and programs. 5. Regulate rates of regional solid waste facilities. Member agencies may, by separate agreement, delegate rate regulation for the collection of solid waste within their boundaries to the Authority. 6. Advise member agencies on matters of solid waste rates and charges. 7. Undertake such planning and related activities as may be required of member agencies in order to comply with the directives of the California Solid Waste Management, Source Reduction, Recycling, Compacting and Market Development Act of 1989 (AB 939), as amended as the members may direct. 8. Develop and implement a financial plan to provide for closure and post-closure of landfills containing wastes generated by residents and businesses whose solid waste is franchised by the member agencies as the members may direct. 9. Perform such other solid waste activities as the members may direct. 10. Develop regional solid waste facilities and programs subject to separate agreements with participating agencies. 5 11. Operate and/or contract for the operation of regional solid waste facilities and programs subject to separate agreements with participating agencies. 12. Develop a system of standardized franchise agreements and uniform procedures governing the franchising of solid waste collection and disposal for consideration by the member agencies. 13. Develop rate review procedures applicable to the franchising of solid waste collection and disposal for consideration by member agencies. B. Soecific Powers: In carrying out its general powers, the Authority is hereby authorized to perform all acts necessary and proper to the exercise of said powers, which may include, but are not limited to, the following: 1. To make and enter into contracts including contracts of insurance. 2. To apply for, and accept grants, advances, and contributions. 3. To employ or contract for the services of agents, employees, consultants, and such other persons or firms as it deems necessary. 4. To conduct studies. 5. To review the Contra Costa Integrated Solid Waste Management Plan, and prepare and propose revisions or amendments thereto, for approval by the appropriate bodies. 6. To acquire, construct, manage, maintain, operate, and control any disposal sites, solid waste facilities, buildings, works, or improvements. 7. To acquire, hold, or dispose of property. 8. To incur debts, liabilities, or obligations, subject to limitations herein set forth. 9. To levy and collect fees and charges. 10. To issue bonds, subject to the provisions and limitations of the statutes of the State of California. 6 11. To annually adopt, by April 1, a fiscal year budget to commence July 1 and run through June 30, setting forth all administrative, operational, and capital expenses for the Authority, together with the apportionment of such expenses by levy against each agency and other entities, to the extent necessary. 12. To develop, construct, operate, and/or regulate regional landfill disposal site(s), regional transfer facility(ies), or other regional solid waste facilities, or to contract with a public agency(ies) or private person(s) or corporation(s) to perform such functions. 13. To represent the interests of Contra Costa County and/or the member agencies in discussions and negotiations with other entities outside Contra Costa County on matters of solid waste. 14. To take the necessary actions to sponsor, support, or oppose legislation affecting the solid waste interests of member agencies and Contra Costa County. C. Limitation on Powers: Notwithstanding the general and specific powers set forth in this Agreement, nothing in this Agreement shall be read to: 1. Prevent member agencies individually, or by agreement with other agencies, from owning or operating solid waste handling facilities for their regional area, or from implementing solid waste management programs within their regional area including, but not limited to, programs concerning closure of facilities. 2. Limit a member agency's use of its discretion and authority regarding land use matters. 3. Preclude any member agency from continuing to franchise for the collection and disposal of solid waste or from levying a reasonable franchise fee, or using such other lawful cost recovery methods, as it may deem appropriate within its jurisdictional boundaries. 7 ARTICLE 4: ORGANIZATION OF AUTHORITY A. Membershio in the Authoritv: Membership in the Authority shall be open to 1) all cities within Contra Costa County; and 2) any special district or sanitary district within Contra Costa County which franchises collection of solid waste, providing they agree to enter the Authority under the terms of this Agreement. In addition, the County of Contra Costa shall be entitled to membership. B. Policv Board:The Authority shall be governed by the Contra Costa Solid Waste Authority Policy Board, hereinafter called "Board," which shall exercise all powers and authority on behalf of the Authority. 1. Duties of the Board: The Board shall perform all acts which it determines to be necessary and proper to the carrying out of the purpose of this Agreement and shall have the authority to exercise all powers provided for in this Agreement, which may include, but are not limited to: a. Preparing and recommending action on the Contra Costa County Solid Waste Management Plan, and revisions or amendments thereto, to the County Board of Supervisors and cities. b. Preparing and recommending joint or cooperative action with regard to compliance of member agencies with the requirements of the California Solid Waste Management, Source Reduction, Recycling, Compacting and Market Development Act of 1989 (AB 939), as amended. c. Considering, modifying, and approving the annual work program and budget. d. Levying fees and charges, as may be provided for in this Agreement. e. Authorizing, reviewing, and accepting reports and studies. f. Regulating rates for regional solid waste facilities and programs which provide services to the member agencies. 8 g. Accepting agencies as subsequent parties to this Agreement, and members of the Authority, and admitting their representatives to the Board. 2. Board Members: The Board shall consist of one member of the governing body of each of the member agencies. Upon execution of this Agreement, the governing body of each agency shall, by resolution, appoint one of its members to serve as a member of the Board and another individual to serve as an alternate member of the Board, who may be an elected official of the member agency, to serve in the absence of the regular member. The governing body of each member agency shall review its appointee to the Board every two years. There shall be no limit on the number of terms of a Board member. 3. Subseauent Board Members: Any agency which franchises solid waste collection in Contra Costa County, including agencies formed after the effective date of this Agreement, may become members of the Authority by presenting an adopted resolution to the Board requesting membership in the Authority. Membership in the Authority shall be. contingent upon a majority of affirmative votes cast by members of the Board accepting the agency, and upon payment of any charges established by the Board as a prerequisite for membership. 4. Board Officers: The Board shall elect from its members a Chairperson and a Vice-Chairperson. The Chairperson shall preside over all meetings according to the Rules of Procedure adopted by the Board. The Board Chairperson shall represent the Authority and execute any contracts and other documents, as required by the Rules of Procedure. The Board shall designate a Secretary who shall notice all meetings and cause minutes to be taken of all meetings, and serve as custodian of the official records of the Authority. 5. Board Rules: The Board is empowered to establish Rules of Procedure, and may do any and all things necessary to carry out the purpose of this Agreement. All actions taken by the Board in carrying out the powers of the Authority may be exercised by a majority vote of all members present, except as to the following, which will require an affirmative vote on behalf of a majority of member agencies, which agencies total weighted vote constitutes a majority of all votes available: 9 I a. Adopting a Budget Plan and Work Plan. b. Levying fees against member agencies. c. Authorizing the acquisition or construction of a solid waste facility. d. Recommending amendments to the Contra Costa County Integrated Waste Management Plan. 6. Voting: The Authority shall cause the number of votes assigned each member agency to be determined each year, so as to provide for weighted voting based on the current population of the franchised service area, as more fully set forth below: a. Cities where a special district franchises solid waste collection within said city shall have half the votes otherwise assigned to the city as determined by the population set forth below, and the franchising special district shall have the remaining half of the assigned vote(s) . b. Large cities or agencies having a minimum of 40,001 population within the franchised area will receive three votes. c. Medium cities or agencies having between 20,001 and 40,000 population within the franchised area will receive two votes. d. Small cities or agencies having less than a 20,001 population within the franchised area will receive one vote. e. The County shall be granted two votes immediately upon membership. However, if the County at any time franchises for an area with a combined population within the franchised area of 40,001 or greater, the County shall receive three votes. 7. Meetinas of the Board: a. Reaular Meetinas: The Board shall hold monthly meetings. 10 b. Seecial and Emeraencv Meetings: Special and emergency meetings of the Board may be called in accordance with the provisions of Sections 54956 and 54956.5 of the California Government Code. c. Notice of MeetinQs: All meetings of the Board shall be held subject to the provisions of the Ralph M. Brown Act, Sections 54950 et. seQ. of the California Government Code, and other applicable laws of the State of California governing the notice requirements applicable to the meetings of public bodies. d. Minutes: The Board Chairperson shall cause minutes of all meetings, excepting closed sessions, to be kept and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each member of the Board and each member agency. 8. Committees and Staffina a., Technical Advisorv Groue: A Technical Advisory Group may be created by the Authority. The Technical Advisory Group may be composed of appointed staff from member agencies with approval of the member agencies' board or council and/or consultants, as determined by the Authority, and shall advise the Authority as to matters of concern to the Authority. b. Ad hoc Committees and Task Forces: Ad hoc Committees and Task Forces may be created by the Authority. Ad hoc Committees and Task Forces may be composed of appointed staff from member agencies, with approval of the member agencies' board, and/or council members, consultants, or citizen volunteers, as determined by the Authority, and shall advise the Authority as to matters of concern to the Authority. c. Executive Committee: The Authority may appoint an Executive Committee among its membership to manage the affairs of the Authority. The composition and authority of the Executive Committee shall be determined by the Authority. d. Reaional Subcommittees: Regional Subcommittees may be created by the Authority. Regional Subcommittees may be composed of elected officials and appointed 11 staff from member agencies with approval of the member agencies' board and councils. The Regional Subcommittees shall advise the Authority as appropriate. e. Staffina: During the interim period prior to the contracting for or hiring of professional staff, the agencies may provide staff, including County staff, to the Authority as may be necessary for the Authority to fulfill its duties. As necessary, the Authority may contract with, or employ firms and/or individuals, to perform such tasks or duties as deemed necessary by the Authority, including a General Manager who shall have such duties and authority as the Authority may delegate to such General Manager, subject to the terms of this Agreement. 12 ARTICLE 5: TERMS OF AGREEMENT A. Effective Date: This Agreement shall become effective on the date of its execution by one-half (1/2) of all of the eligible entities representing a majority of Contra Costa County's population. B. Amendments: This Agreement may be amended by the affirmative vote of the governing bodies of not less than two-thirds (2/3) of all member agencies casting votes equaling not less than two-thirds (2/3) of all votes available, in accordance with Article 4, Section 6. C. Withdrawal: Any party may withdraw from this Agreement upon one year's notice given prior to June 1 of any year to the Chairperson of the Policy Board. The withdrawing agency shall be liable for its share of any operating expenses incurred up to the effective date of its withdrawal, which shall be July 1 of the year following the giving of notice. The Notice of Withdrawal shall be in resolution form and approved by a majority vote of the governing board of the withdrawing party. The withdrawal of a party from the Authority shall not relieve that party from paying its share of any debt incurred. while said party was a member; nor will such withdrawal affect separate agreements between member agencies pursuant to Section B, Article 6 herein. The withdrawal of such member agency shall not terminate such member agency's responsibility for any liability of such member agency incurred while a member under Title I Division 3.6 of the Government Code, and further provided that the withdrawing agency must pay to the Authority on the effective date of withdrawal, all money which may be owing to the Authority for the withdrawing agency's proportionate share of liability under this Agreement, as set forth in Section B, Article 8 herein. If the amount of the liability is not yet reasonably fixed on the date of withdrawal, the withdrawing agency shall pay its proportionate share of said liability promptly thereafter when such sum can be reasonably fixed. 13 ARTICLE 6: AUTHORITY FINANCING A. Financial Accountabilitv: Books of accounts will be maintained by the Authority to enable issuance of financial statements which present its financial condition and results of operations. The financial statements will be issued to all member agencies quarterly and will be prepared in accordance with generally accepted accounting principles. An annual audit of the Authority's financial statements will be performed by an independent Certified Public Accountant. B. Seoarate Aareements: Financing and commitment of waste stream for solid waste facilities and programs related to the transfer, disposal, or recovery of resources from solid waste shall be subject to separate agreements between the Authority and agencies. Financing of specific capital projects, such as the acquisition, construction, or operation of solid waste facilities by the Authority shall be subject to separate contracts between the Authority and member agencies which intend to participate in the specific facility. The contracts shall set forth each agency's responsibility for capital expenditures and operating expenses, as well as such other terms as may be appropriate. C. Debt: The Authority may issue or cause to be issued bond and other indebtedness, and pledge any property or revenues as security to the extent permitted by law. D. Ooeratina Income: The Authority shall adopt a budget annually and fix the allocation of operating costs to be borne by each franchising member agency. The franchising member agency's allocated share of said costs shall be paid by the franchising member agency. The Authority shall have the right to fix and impose such allocated shares of operating costs as a fee or charge against the franchising member agency to the extent permitted by law. The franchising member agency may derive such cost, fee, or charge from any source acceptable to the franchising member agency, including the franchise fees associated with the collection operations. It is the intent of the parties to derive operating revenue for the Authority from fees and charges at facilities; however, any short fall in Authority operating revenues will be imposed on franchising member agencies as set forth herein. 1. Proarams of General Interest: In general, the programs of the Authority shall be for the general benefit of all member 14 agencies. To the extent possible, the cost of such programs shall be prorated so that the charge per franchised household is uniform among all members. 2. Proarams of Soeciallnterest: From time to time the Authority may conduct programs, the benefits of which fall dispropor- tionately among the members. If this is the case, such programs of special interest, and a decision to undertake or continue such programs, must be made by a two-thirds (2/3) majority vote of all member agencies casting total votes equaling not less than two-thirds (2/3) of all votes available. The proration of the cost of such programs must be decided upon prior to making the decision to conduct the program. 15 ARTICLE 7: EXERCISE OF AUTHORITY'S POWERS This Agreement is entered into under the provisions of Article 1 of Chapter 5, Division 7, Title One of the California Government Code concerning Joint Powers Agreements. As to those powers vested in the Authority pursuant to Section 6508 of the Government Code, they shall be exercised in the same manner and subject to the same restrictions as those applicable to a sanitary district pursuant to the statutes and laws of the State of California. 16 ARTICLE 8: OBLIGATIONS OF AUTHORITY A, Other than as set forth below, any and all debts, liabilities, and obligations incurred by or imposed upon the Authority shall be the debts, liabilities, and obligations solely of the Authority and no capital or administration debt, liability, or obligation shall thereby be imposed upon any party to this Agreement or the collective parties hereto. B. The tort liability of the Authority, all members of the Board, and all officers employed and employees of said Authority shall be controlled by the provisions of Division 3.6 of Title I of the Government Code of the State of California. Any tort and contractual liability incurred by or imposed upon the Authority shall remain the sole liability of the Authority, rather than the liability of member agencies, to the full extent such allocation of liability is permitted by law. In the event tort liability is required by law to be imposed on the member agencies, the allocation of liability among the member agencies shall be in proportion to each member agency's relative contribution to the waste stream. Each member agency's share shall be in the same proportion as each member agency's allocated share of operating costs for the year out of which the claim arises. The provisions of said division relating to the indemnification of public employees, and the defense of actions against them arising out of any act or omission occurring within the scope of their employment, shall apply to all Authority directors, officers, and employees. Notwithstanding the specific terms of this section, the Authority and the member age'ncies shall retain the power to allocate liability between the Authority and the member agencies, or among the member agencies, in a manner other than as set forth above, pursuant to written agreement to do same for specific projects or undertakings of the Authority. 17 ARTICLE 9: TERMINATION OF AUTHORITY A. Termination or Dissolution of the Authoritv: This Agreement shall continue in force until rescinded or terminated, as specified by this section. This Agreement may be terminated at the end of any Authority fiscal year by a two-thirds (2/3) majority vote of all then- existing members of the Authority. B. Division of Prooertv on Dissolution or Termination: Upon termination or dissolution of the Authority as a legal entity, all debts of, and advances to, the Authority shall be paid. Upon payment of all debts and liabilities of the Authority, every then-member of the Authority at the time of said termination shall be entitled to receive such property and surplus money of the Authority as may lawfully be distributed in proportion to the most recent apportionment of expenses as described herein among all of the agencies who are parties to this Agreement at the time of its dissolution. In the event that liabilities under Division 3.6 of Title I of the Government Code of the State of California exceed or have the potential to exceed the assets of the Authority, the member agencies shall assume those obligations remaining upon termination, as general obligations of the member agencies; provided, however, as between member agencies, said liabilities shall be allocated between said member agencies as defined in Section B of Article 8. C. Sale of Assets: At such time that a termination decision is adopted by the Authority, the Board shall expeditiously sell, or otherwise dispose of, according to applicable law, all of the lands, rights-of- way, easements, equipment, public improvements, works, and facilities of the Authority. The monies received by the Board from such sale or disposition, to the extent they would otherwise be credited to the Capital Reserve Account, together with the monies in the Capital Reserve Account, shall be distributed among the then-members of the Authority in proportion to the most recent apportionment of expenses among the then-member agencies, to the extent that such reimbursement has not previously been made. D. Successor/No Successor Aaencv 1. Successor Aaencv: In the event of termination of the Authority where there is a successor public entity which will. carryon the activities of the Authority and assume its 18 obligations, Authority funds, including any interest earned on deposits, remaining upon termination of the Authority and after payment of all obligations, and its real and personal property shall be transferred to the successor public entity. 2. No Successor Aaencv: If there is no successor public entity which would carryon any of the activities of the Authority or assume any of its obligations, Authority funds, including any interest earned on deposits, remaining upon termination of the Authority and after payment of all obligations, and its real and personal property, shall be returned to the member agencies as determined by the Board. 3. Partial Successor AQencv: If there is a successor public entity which would undertake some of the functions of the Authority and assume some of its obligations, Authority funds, including any interest earned on deposits, remaining upon termination of the Authority and after payment of all obligations and its real and personal property, shall be allocated by the Board between the successor public entity and member agencies. E. Board Allocation Final: In the event the Authority is terminated, all decisions of the Board with regard to determinations of property and funds to be transferred to member agencies or any successor made pursuant to the terms of this Agreement shall be final. ADS/JPA/0003344.09 19 Attachment A RATE REGULATION OF SOLID WASTE FACILITY The features of rate regulation described below shall be a guide for the Authority to follow in regulating rates at solid waste facilities. o The initially established landfill disposal or transfer station fee should be changed no more frequently than annually on the basis of the submission of an application for fee increase. o Application for fee increase should be submitted to the regulatory agency three months prior to the effective date of the change. o Application for fee increase should be submitted on a pre-printed, pro forma rate application designed to elicit the financial, operating, and other related information to permit analysis of the bases for the requested fee increase. o The fee increase requested should be suppo~ted by actual and forecasted operating statements, balance sheets, and statements of retained earnings. o Audited financial statements for the landfill or transfer station operations, on a separate entity basis, for the immediate preceding reporting year should be submitted as a required component of the rate application. o Applications for fee increases should be analyzed by the regulatory agency and the fee adjustment determined on the basis of the established rate-setting methodology, e.g. Operating Ratio, Return on Equity, Return on Fixed Assets. o Controls on funds collected for landfill closure and post-closure costs should be established. Such funds should be deposited in a separate bank account and made subject to the shared control of the regulatory agency. An annual summary of receipts and disbursements should be audited by the external auditors and submitted to the regulatory agency with the audited financial statements. ADS/JPA/0003344.09 20 RESOLUTION NO. 91 - A RESOLUTION AUTHORIZING MEMBERSHIP IN THE CONTRA COSTA SOLlO WASTE AUTHORITY WHEREAS, the cities of greater Contra Costa, along with the special districts that franchise for the collection and disposal of solid waste, have analyzed and jointly discussed the value to the individual entities to cooperatively undertake certain aspects of solid waste management and planning responsibilities, including issues related to recycling and source reduction pursuant to a Joint Powers Agreement; and WHEREAS, it has been agreed through these joint discussions that substantial benefits to the public at large may be available through the joint undertaking by these agencies of certain solid waste handling activities; and WHEREAS, the discussions, analyses, and determinations undertaken strongly suggest that the cooperative efforts by the effected entities will benefit the general public through better management of Contra Costa solid waste, increased coordination of public solid waste efforts, improved dissemination of solid waste and recycling information, and the potential for cost savings through the cooperative undertakings of efforts on behalf of multiple agencies; and WHEREAS, as a result of said discussions, analyses and determinations, a Joint Exercise of Power Agreement has been drafted to create a separate public entity known as the Contra Costa Solid Waste Authority; and WHEREAS, the entering into of such a joint powers authority agreement requires the order or resolution of this Board/Council; THEREFORE, BE IT RESOl VEO: THAT the (city/district) hereby undertakes to join as a member agency, along with other governmental jurisdictions within the County of Contra Costa as may also join, the Contra Costa Solid Waste Authority, separate joint powers authority; and THAT the (city/district) hereby appoints , one of its elected members as its representative on the Contra Costa Solid Waste Authority and as its alternate member. THAT the (president/mayor) of the (district board/city council) and the (secretary/clerk) of the (city/district) are hereby authorized to execute that certain Agreement on behalf of the (district/city), and staff is further directed to undertake such actions as may be required for the carrying out of the formation of the Contra Costa Solid Waste Authority, a joint powers agency. PASSED AND ADOPTED this _ day of , 19_ by the following vote: AYES: Members: NOES: Members: ABSENT: Members: ADS/JPA/Resolutio.OO2 . Centra~ ~ontra Costa Sanitary _)istrict BOARD OF DIRECTORS PAGE 1 OF 4 POSITION PAPER BOARDMEETING~une 13, 1991 NO. 8. COLLECTION SYSTEM a. SUBJECT AUTHORIZE GENERAL MANAGER/CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH MILLER PIPELINE INC. TO REPLACE 3, 126-FEET OF SMALL DIAMETER SEWER PIPE USING THE XPANDIT PROCESS WITH A COST CEILING OF $299,237. DATE June 7, 1991 TYPE OF ACTION AUTHORIZE AGREEMENT SUBMITTED BY INITIATING DEPT./DIV. Tom Godsey, Assistant Engineer Collection System Operations ISSUE: Board authorization is required for the General Manager-Chief Engineer to execute construction contracts over $10,000 and to exempt projects from public bidding for field testing purposes. BACKGROUND: The District started its investigation of trenchless construction technologies in 1985. After the initial technical investigation it became apparent that actual field demonstration projects were needed to assess the specific requirements and constraints for each technology. To date, three technologies have been demonstrated for use in small diameter sewer rehabilitation. The 1990/91 Capital Improvement Budget includes funds for renovating collection system facilities in demonstration projects using emerging sewer rehabilitation technologies (CSO Sewer Renovation Program, page CS 99-100). This project will rehabilitate eight (8) pipe segments totaling 3,126 feet at five (5) different sites using the Xpandit pipe bursting technology. They are located in Walnut Creek and Lafayette in narrow residential easements with difficult access and mature landscaping (Attachment 1). The eight (8) segments were selected because of their deteriorated condition and high ongoing maintenance requirements. Staff has analyzed these segments with respect to access restrictions, construction impacts, and cost and has determined that the use of a trenchless construction technology is the most appropriate method for rehabilitation of these sewers. The Xpandit process is a trenchless technology which is well suited for application at these five (5) sites. Miller Pipeline Corp. has extensive experience with sewer rehabilitation work and can mobilize promptly. Miller Pipeline Corp. is the exclusive licensee for the Xpandit process in the United States. The method and apparatus are covered by United States Patent Nos. 4487052, 4602495, and 4657436. The Board may, therefore, elect to exempt this project from public bidding since it is only available from one source. Due to the innovative nature of this technology, staff feels that this project could also be exempt from bidding on the basis of being a demonstration project since 1) this project will be the first sewer rehabilitation project using this technology in California and 2) one of the objectives of this project is to demonstrate the applicability of using REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIATING DEPT./DIV. ~ VIv 1302A-9/B5 TG JAL SUBJECT AUTHORIZE THE GENERAL MANAGER/CHIEF ENGINEER TO EXECUTE AN AGREEMENT WITH MILLER PIPELINE INC. TO REPLACE 3, 126-FEET OF SMALL DIAMETER SEWER PIPE USING THE XPANDIT PROCESS WITH A COST CEILING OF $299,237 POSITION PAPER 2 4 PAGE DATE OF June 7, 1991 this technology on future sewer rehabilitation projects. Exemption from bidding for demonstration purposes is allowed under Public Contracts Code Section 3400. A unit price contract with a cost ceiling of $299,237 has been negotiated with Miller Pipeline Corp. The scope of the contract includes pipe materials, pipe assembly, side sewer lateral reinstatement, and bypass pumping during construction. The total cost for this project will be $378,222. In addition to Miller Pipeline Corp. work, District forces would provide sewer locating; CCTV inspection; public information; project management; inspection and other support activities as needed. Attachment 2 provides a detailed budget breakdown of the project cost. This project has been evaluated by staff and it has been determined to be exempt from the California Environmental Quality Act (CECA) under District CEQA Guidelines Section 18.3, since it involves replacement of existing sewer facilities with no expansion of capacity. A Notice of Exemption will be filed with the County Clerk. RECOMMENDATION: 1) Exempt this project from public bidding requirements. 2) Adopt a resolution making a finding that the Xpandit technology is designated by trade name in the project in order that a field test may be made to determine if the Xpandit technology is suitable for future District use. (Public Contracts Code Section 3400(b).) 3) Authorize the General Manager-Chief Engineer to execute an agreement with Miller Pipeline Corp. for the replacement of 3,126 feet of sewer at a cost not to exceed $299,237. 1302B-9/85 o Via Del Sol, W.C. @ Pinewood Ct., W.C. @) Overlook Dr., W.C. o Galen Dr., W.C. o Solana Ave., LAF. Central Contra Costa Sanitary District XPANDIT DEMONSTRATION PROJECT SITES Q Attachment 1 ATTACHMENT 2 XPANDIT DEMONSTRATION PROJECT PROJECT SUMMARY Miller Pipeline Corp. District Force Account CSOD Forces (1) $ 299,237 $ 8,000 TOTAL PROJECT COST $ 22,000 $ 4.000 $ 333,237 $ 44.985 $ 378.222 District Construction Inspection Equipment Rental and Material Cost (2) Subtotal Construction Contingency (1) Force account to provide for sewer locating, mandrel pulling, and CCTV Inspection. (2) Equipment Rental and Material Cost is for inspection services and equipment for testing the new pipe. Cost of Xpandit Per Linear Foot $ 95.73 Total Cost of Project Per Linear Foot $120.99 ~ C""ltral Contra Costa Sanl....ry District , BOARD OF DIRECTORS ::IIII!IIIIIIIIIIIIIIIIII ~RDMEET~OF SUBJECT PAGE 1 OF 4 June 13,1991 NO. 9. PERSONNEL a. DATE June 10, 1991 ESTABLISH COMPENSATION LEVEL FOR THE SECRETARY OF THE DISTRICT TYPE OF ACTIQ\I EMPLOYEE COMPENSATION SUBMITTED BY ROGER J. DOLAN INITIATWG DEPTJOIV. ISSUE: In recent years the position of the Secretary of the District has assumed responsibility for a number of new and expanded activities and program areas. Recognizing this fact, Board President Clausen requested that the General Manager-Chief Engineer analyze the responsibilities of the position and recommend appropriate action to the Board concerning the compensation of this position. BACKGROUND: With the retirement of the former Secretary in 1983, the position was downgraded and expectations were lowered. However, the new Secretary, Joyce Murphy, has made significant changes and improvements in the functions of the office. Systems and procedures have been designed and implemented and are reviewed and updated on a regular basis to expedite smooth operation and ensure compliance with statutory requirements relating to the many diverse areas under the authority of the Secretary. These areas range from bidding and public noticing requirements to election and Conflict of Interest reporting requirements for Board and staff members. As a result of the procedures put into place by the Secretary, deadlines are met; information is readily available to the public, Board and staff; and the Board and the District are protected from legal exposure and public criticism. A high level of service is provided to the Board, and the service to the District as a whole has increased considerably. o The District Records Manaaement Proaram provides a necessary and long overdue service. One of the first major programs undertaken by the current Secretary was the development of a computer based records management system for the Board's records. After this task was successfully completed, at the request of the General Manager-Chief Engineer, the Secretary undertook the project of developing a records management system for the entire District. This substantial effort has entailed development of a management policy, computer based software and hardware selection and purchase; cataloging of years of back records; indexing and retrieval of inactive records, and implementation of a management system for active files. The system is comprehensive reaching to every District employee who creates or uses files. Beginning with fiscal year 1 991-1992, the program will be staffed by 80 percent of a full-time position. The remaining percentage of this new position will be committed to maintaining, under the direction of the Secretary, the District's various technical libraries. As these new programs have been developing, REVIEWED AND RECOMMENDED FOR BOARDACTION INITIATING DEPT.JOIV. 1302A.&91 SUBJECT :::111:"11'111::::1111.111:. ESTABLISH COMPENSATION LEVEL FOR THE SECRETARY OF THE DISTRICT PAGE 2 DATE OF 4 June 10, 1991 the District has employed temporary labor which will not be needed in the future. The District is benefiting from having well-managed, relevant and easily accessible information to support the decision-making process. The program has improved organizational efficiency by using staff time and office space in a cost-effective manner. The program also documents compliance with legislative and statutory requirements and provides litigation support when needed. o With the growing emphasis on recycling and the solid waste disposal crisis and the need for a publicly-owned transfer station and materials recovery facility, the Central Contra Costa Solid Waste Authoritv was formed and required staff support of the business affairs of the new Board. The Secretary of the District became the Secretary of the Authority as well. By participating in the Solid Waste Authority, the District hopes to provide an alternative to the escalating solid waste costs. o In October 1989, the Sanitation and Water Aaencies of Contra Costa County joined together in an informal organization to share information and expertise, and to help shape future regulatory requirements at the local level. The Secretary of the District took on the responsibility of managing meeting arrangements, public notices, speakers, publication of a membership directory, and the like. Interest and participation in the organization is increasing and meetings are now held bimonthly rather than quarterly. By assuming these extra responsibilities, the Secretary has built cooperative working relationships with elected officials and staff members in the sanitation and water agencies throughout the County. These relationships will be of continuing benefit to the Board, the District, and the public as issues arise in the future. o In addition to Board activities and work on special assignments, the Secretary of the District is an active member of the management team participating in meetings with top management and involved in the day-to-day operation of the District, providing training, supervision and direction to subordinate staff. Through acceptance of expanded responsibility and maintenance of a high level of professionalism and performance, the Secretary of the District has made a unique and continuing contribution to the District. At the request of President Clausen, a salary survey was conducted in August 1990, comparing salary ranges and class descriptions for the position of Secretary of the District with other comparable agencies. A copy of the salary survey is attached. Although the position of Secretary of the District is exempt, appropriate placement of the salary range within the District's organizational structure was considered as well. While this position entails a good deal of coordinative efforts with and between other departments and outside entities, it is in large part an administrative function requiring independent action and demanding exercise of responsibility involving institutionally sensitive and complex issues. I am, therefore, recommending that the salary range for the position of Secretary of the District be adjusted 13028-5191 SUBJECT iflllllllllli!!!!!lllllil:1 ESTABLISH COMPENSATION LEVEL FOR THE SECRETARY OF THE DISTRICT PAGE 3 DATE OF 4 June 10, 1991 upward for two reasons: 1) the responsibilities and duties of the position have changed and expanded significantly during recent years; and 2) the incumbent is performing at a high level bringing a unique and valuable combination of knowledge, organizational skills and professionalism to the position. RECOMMENDATION: It is recommended that the salary range for the position of Secretary of the District be adjusted upward from Range M-43 ($3,834 -$4,656) to M-36 ($4,554 - $5,535) and that the position be accorded the same salary adjustments and benefits as the Management Group except that the Cafeteria Plan allocation shall be increased by an additional $25 per month on July 1, 1991 and 1992 as previously agreed in the July 1, 1988 employment contract between the District and the Secretary of the District and that a new employment contract be negotiated to that effect for the period July 1, 1991 through June 30, 1994. 13028-5191 ~'tl o I: ..... ItS J.! ~Ul Ul'tl ..... J.! 00 o Q) J.!J.!M o N ~ CI) ~ ~ ~ ~ . O'~ Q) I: 0 r-l~ .Q II-l ..... ...~ Ul >. ItS I:J.!~ o ItS Ul c..J.! Ul .c Ul Q)..... ItS J.!r-l.c: o ..... .-I", .cl5 ::I I: c..J.! Q) > J.!O 00'1 II-l 'tl I: Q) ItS r-l .QUl ..... I: UlOUl 1:..... J.! O~..... c..1tS1tS Ul.-lll-l Q)Q)II-l J.! J.! ItS >.~ ~ Ul r-l ~J.!I:'tl1tS ..... 0 Q) J.!..... J.!c..t::l0J.! Oc..:; 0 ItS .c::::I...Q)~ ~CI)J.!J.!Q) ::I ItS J.! ItS Po. 0 Q) Q) ~~'tSJ.!Ul Q)O 0'tS l5 ..... II-l I: -1-1 J.! ItS I: Q) .... ..... I: Or-ll: Oul c.. u 0 J.!..... Q) c.. ..... Q) ~ 0 ItS -1-1 0'1 I: ..... UlJ.!OQ)~~~ 1tS0 1tSQ)Q) .c:II-lUll5J.!Ul . r-l ul Q) ul r-l 'tS I: .lo::1tSJ.! o 0..... Q) 0 -1-1 . .c:: Q)...Ul o J.!""'tS J.! OJ.! 0.., J.! 0 1:1I-l0 0 0'1 .rot Q) .rot J.! J.! ul ~ r-l Q) ......., ItS .. r-l 0 0-1-1 -.Q 1:1: o .rot r-l Q) I:UlItS l5 I:'rot -1-1 00 J.! ul c...rot -1-1 ItS Q)Ul.......c.. 0Q)1I-l""Q) 'tS~0.Q'tS Page 4 of 4 N 0 I"'- In 0 N G\ N 0 M M N In I"'- c:o 0 ~ \0 0\ 0\ ..-l ~ \0 I"'- In ?"'- M 8 > I"'- \0 \0 In ~ ~ .. M M U ~ H j ~ < \0 0 N In N c:o .., ..-l ~ 8 CI) CI) N In 0 ~ 0\ 0\ ..t N \0 >H In 0\ 0\ N In M r0- o I"'- ~oo \0 ~ ~ ~ M M .., M N > 0\ g;~0\ ::t..-l Cl)8 ~ -1-1 .., >~ul 0 0 Q:;O::l j>8' ..... of"l 'tl J.! ... <~< J.! ~ .., ItS ul In CI)< 0 ..... of"l >. I: 8 'tl co '0 0 'tS Q J.! 0 ~ ~ J.! J.! J.! J.! ItS ..... ItS Q) 0 ItS Q) ItS . Q) -1-1 ~ U 0 .c: ~ 0 .c:: 0 .s:: .c:: Q) ..... ~ co ~ ItS co -1-1 co .., -1-1 J.! ul CI) I: 0 0 Q) ~ ..... Q) 0 Q) lW 0 Q) c.. .c:: 0 'tl .c: -1-1 .c: 0 -1-1 CI) -1-1 J.! ~ -1-1 J.! >. 0 >. >t >. Q) ItS II-l J.! 0 ~ J.! II-l ... J.! > r-l 0 ItS U 0 ItS 0 . ItS .rot ..... ~ -1-1 .... -1-1 -1-1 l5 ~ .lo:: Q) 'tl .lo:: Q) .lo:: . Q)'O ::I ..... ..:l J.! J.! J.! J.! J.! J.! ... J.! J.! 0 ul 8 Q) 0 ItS Q) 0 Q) 0 o ItS Q) H r-l Q) 0 .-I Q) r-l . Q) 0 >< 0 8 U CI) co u CI) u CD Cl)CO ~ :z; I: 0 ul ..... -1-1 -1-1 ~ >. 0 ItS CI) Q) .rot >. -1-1 r-l J.!~ ..... II-l r-l~ -1-11: I: 0 ItS 0 Ul::l ItS >..... ..... 0 CI) . J.! QU 0 1tS~ >. u J.! ul I: Q) -1-1 ItS..... 00'1 I:~ >. 'tl .-IQ .rot I: ::10 ~ I: U -l-lCU O'rol C > ItS J.! 1tSJ.! UJ.! ::I CJ 0 ItS Q) -1-10 0 Q .., 0 :z; >. ::;l 0 ~~ ..... c:l.4 CD . ul 0 U ~ ~ ::E: i I: ItS I:~ Q:; U <.rot ~ C) ..... co 1tS~ ItS 0 co U .0 U U < U ~ CI) CI) CI) ~ U ..:l U U . Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 1 POSITION PAPER BOARD MEETING ~une 13, 1991 NO. 12. BUDGET AND FINANCE a. SUBJECT DATE June 5,1991 ADOPT A RESOLUTION ESTABLISHING THE 1 990-1991 APPROPRIATIONS LIMIT IN ACCORDANCE WITH ARTICLE XIII B OF THE CALIFORNIA CONSTITUTION TYPE OF ACTION ADOPT APPROPRIATIONS LIMIT SUBMITTED BY Walter N. Funasaki, Finance Officer INITIATING DEPT/DIV Administrative/Finance & Accounting ISSUE: The Central Contra Costa Sanitary District is required to establish its appropriations limit in accordance with Article XIII B of the California Constitution. BACKGROUND: On May 13, 1991, the Board of Directors authorized posting a public notice of the availability of documentation in support of the District's appropriations limit. As statutorily required, the public notice was made at least 15 days prior to the June 13, 1991 Board Meeting at which the adoption of the appropriations limit is recommended. Formerly, the appropriations limit was increased annually by a factor comprised of the change in population combined with either the change in California per capita personal income or the Consumer Price Index, whichever is lower. As recently amended by Proposition 111, the Consumer Price Index is replaced by the percentage change in the local assessment roll from the preceding year due to local nonresidential construction. The Board is to select between the per capita personal income or the change in the local assessment roll due to local nonresidential construction by a recorded vote. The 1990-1991 appropriations limit shall be the 1986-1987 appropriations limit adjusted from that year forward by the new growth factors. The change in the local assessment roll, which is intended to be obtainable from the County Assessor, is not available for use for the 1990-1991 fiscal year and, therefore, the per capita personal income factor has been used; the County Assessor is now in the process of modifying the property tax assessment system to enable providing the nonresidential construction index for 1991-1992. The Sewer Construction Fund (Capital Fund) appropriations limit is $11,575,765 for the 1990- 1 991 fiscal year. The computation of the 1990-1991 appropriations limit by application of the California per capita personal income and population percentage change factors to the 1986- 1987 appropriations limit adjusted from that year forward was provided at the May 13, 1991 Board Meeting. RECOMMENDATION: Adopt a resolution establishing the Sewer Construction Fund appropriations limit in the amount of $11,575,765 for the 1990-1991 fiscal year, in accordance with Article XIII B of the California Constitution; select the California per capita personal income factor because the alternative factor of the change in the local assessment roll due to local nonresidential construction is not obtainable from the County Assessor. REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIATING DEPT./DIV. 1302A-9/85 WNF PM ADS/PosPaper#3/Appropri.PP