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HomeMy WebLinkAboutAGENDA BACKUP 10-16-86 . Centr, Contra Costa Sanitar District BOARD OF DIRECTORS PAGE 1 OF 21 POSITION PAPER BOARD MEETING OF October 16, 1986 NO. IV. HEARINGS 1 SUBJECT DATE October 14, 1986 CONDUCT PUBLIC HEARING AND CONSIDER CERTIFICATION OF THE FINAL EIR FOR THE SAN RAMON V ALLEY SEWER IMPROVEMENT PROJECT, DISTRICT PROJECT 4224 TYPE OF ACTION CONDUCT HEARING PROVIDE DIRECTION ADOPT RESOLUTIONS Iw.lIIAJING DEIi'T.lDIIJ.. tm t/ cnglneerlng uepar en Engineering Division S~~~i,~B~. Swanson Principal Engineer ISSUE: In accordance with the California Environmental Quality Act (CEQA) and the District Code, the Final EIR for the San Ramon Valley Sewer Improvement Project must be certified as being legally adequate before the Board of Directors can consider approval of the project. Board decisions and direction are necessary on the proj ect al ternative and impact miti gati on measures. BACKGROUND: The existing trunk sewer serving the San Ramon Valley is nearing capaci ty as a resul t of commerci al and resi denti al grOtlth, as well as i ncreasi ng infiltration during wet weather. The District initiated planning studies in 1984 for a new trunk sewer to supplement the existing sewer which varies in size from 15 to 36 inches. The principal objectives of the studies were to determine the alignment and size of a new trunk sewer. Based on the planning studies, including the Environmental Impact Report (EIR) and publ ic comments, District staff recommends that a new trunk sewer rangi ng in size from 48 to 60 inches be constructed along the former Southern Pacific Rail road ri ght-of-way from Larw in Pump Station in San Ramon to Rudgear Road in Walnut Creek. The trunk sewer would be sized according to new wet weather infiltration criteria developed as part of the District Collection System Master Plan and a projected ultimate population of 115,200 in the San Ramon Valley (GrOtlth Scenario 3 in the EIR). In the 50-foot wide right-of-way through Danville (13,600 feet), District staff recommends that the sewer be designed based on an ultimate population of 142,000 (GrOtlth Scenario 4) because of space limitations for constructing a future sewer. Before the proj ect can be constructed, the Board of Di rectors must take the following three actions: 1. Certify the adequacy of the Final EIR. 2. Approve the San Ramon Vall ey Sewer Improvement Proj ect. 3. Adopt findings of fact and statement of overriding considerations for the San Ramon Vall ey Sewer Improvement Proj ect. Certification of Final EIR As part of the planning process for any new facil ity which may have a significant environmental impact, the District must prepare an EIR that conforms to guidelines J /vt I( jftB 1302A..9/65 CWS JMK RAB SUBJECT POSITION PAPER CONDUCT PUBLIC HEARING AND CONSIDER CERTIFICATION OF THE FINAL EIR FOR THE SAN RAMON V ALLEY SEWER IMPROVEMENT PROJ ECT, DISTRICT PROJ ECT 4224 PAGE 2 OF 21 DATE October 14, 1986 established by the District pursuant to GEQA. Before approving a project, the Board of Directors must first certify that the EIR is legally adequate. The Final EIR for the project consists of two documents: the Draft EIR dated June 1986 and the Fi nal EIR dated September 1986. Both documents were prepared by Environmental Science Associates based on GEQA and District EIR guidelines. The District completed a Draft EIR for the project in June 1986. This Draft EIR was distributed to state and local government agencies that might be affected by the project. Draft EIR's were also sent to community or special interest groups that expressed an interest in the project. Summaries of the EIR were sent to all local officials and other community groups that were identified during the public participation portion of the project planning process. A public hearing to receive comments was held in Danville on July 23, 1986. A transcript was made of the hearing and is included in the Final EIR. Responses to the comments made at the heari ng have al so been i ncl uded in the Fi nal EIR. Written comments were received fran seven agenci es, groups, or ci tizens duri ng the comment peri od for the Draft EIR. These comments, along with responses, appear in the Final EIR. Approve Proj ect and Adopt Fi ndi nqs of Fact Before approval of the project, the Board needs to decide on the project alternative and measures to mitigate the impacts of the project. Specific issues regarding the project and the impact mitigation measures are presented in Attachment 1. The EIR proposes many mitigation measures for project construction impacts that have become standa rd procedures for the Di stri ct. These "standa rd" mitigation measures are listed in Attachment 2. Staff proposes to implement these measures unless otherwise directed by the Board. A publ ic hearing will be conducted on October 16, 1986, to receive publ ic input regarding certification of the Final EIR and approval of the project. Following the hearing it is requested that the Board provide direction to staff on selection of the project alternative and preparation of the findings of fact regarding the project. This can be accomplished by approving the recommendations contained in Attachment 1. After the Board provides direction, the certification of the Final EIR and a resolution of intent to approve the project subsequent to adoption of findings are to be considered. The resolutions (Attachments 3 and 4) are attached for the Board's review. Staff proposes that the Board consider approval of the project and adoption of the findings of fact and statement of overriding consideration at a special meeting on October 28, 1986. ---------.. 13028-9/85 SUBJECT POSITION PAPER CONDUCT PUBLIC HEARING AND CONSIDER CERTIFICATION OF THE FINAL EIR FOR THE SAN RAMON V ALLEY SEWER IMPROVEMENT PROJECT, DISTRICT PROJECT 4224 PAGE 3 DATE OF 21 October 14, 1986 RECOMMENDATION: o Conduct a hearing to receive comments on certification of the EIR and approval of the proj ect. o Approve the recommendations contained in Attachment 1 which will provide direction to staff for selecting the project alternative and preparing the findings of fact and statement of overriding considerations for the following maj or proj ect el ements and the impact miti gati on measures: 1. Consider whether to delay certification of EIR. 2. Decide sewer alignment through downtown Danville. 3. Decide sewer sizing. 4. Deci de sewer s i zing th rough Danv ill e. 5. Tunneling and jacking vs. open trench construction under major roads except for San Ramon Valley Blvd. and Sycamore Valley Road, which will be tunnel ed. 6. Decide extent of the recreational trail restoration. 7. Decide how the project accommodates hanes that are currently on septic tanks. 8. Decide the scope of the public information program during design and constructi on. 9. Decide whether the standard mitigation measures presented in Attachment 2 are acceptabl e. o Adopt the attached resolutions certifying that the Final EIR is legally adeq uate and stati ng the Board's intent to approve the proj ect subsequent to the preparation of findings. --------.. 13026-9/85 ATT ACHr-ENT 1 SAN RAK)N VALLEY SEWER IMPROVE~NT PROJ ECT PROJ ECT ELEMENTS AND IMPACT MITIGATION MEASURES FOR WHICH BOARD DIRECTION IS REQUESTED BOARD DECISION NO. 1 1. ISSUE: Delay Certification of the EIR BACKGROUND: Comments were received requesting the District to delay certification of the EIR (1) to allow coordination with possible projects being considered by other agencies, and (2) until LAFCO determi nes the future boundary of the Di strict service area or more complete growth scenarios are developed by the city and county general plan process. Certification of the EIR and approval of the trunk sewer project are two separate actions that the Board must take. Certification of the EIR will not preclude the Board from deciding to delay the project in the future. The EIR is based on a specific project to accomplish specific objectives. Changing the project to incorporate other agencies' projects may necessitate an amendment to the EIR or a completely new EIR, including a public review process. Delaying the project as a result of delaying certification of the EIR may result in sewage overflows from the existing trunk sewer duri ng wet weather or an increase in the cost of the trunk sewer project due to planned construction of buildings and utilities by other agencies that will make sewer construction more difficult. RECOMMENDATION: Certify the EIR. -4- ATTACH~NT 1 SAN RAfv()N V ALLEY SEWER IMPROVEMENT PROJ ECT PROJ ECT ELE~NTS AND IMPACT MITIGATION MEASURES FOR WHICH BOARD DIRECTION IS REQUESTED BOARD DECISION NO. 2 2. ISSUE: Sewer Alignment Through Downtown Danvil1 e. BACKGROUND: The preferred alignment for the proposed trunk sewer is the former Southern Pacific railroad right-Of-way. The District has taken actions to reserve easements in the ri ght-of-way to all ow for thi s sewer alignment. For all intents, these easements are exc1 usive in the sense that other permanent subsurface or surface structures are not allowed in the easements without District permission. The District was unable to secure similar easements through the former railroad station site in downtown Danvi11e (approximately 1,500 feet in length). In this area, the District must share the easements for the proposed County transit system. ALTERNATIVES: Four alternative alignments were evaluated (see Figure 1). Two of the a1 ternatives, E1 Dorado Street and Hartz Avenue, are recommendations rejected by staff because of impacts on businesses and residences as well as higher construction costs. The two vi ab1 e a1 ternatives are along Rail road Avenue and under the County transit easement along the westerly 30 feet of the rai 1 road station site. The construction cost and constraints of these two alignments are: Railroad Avenue Alignment o Construction Cost - $1,300,000 to $1,500,000 o High construction costs because of proximity to EBt.tJD water main o Widening and resurfacing of Railroad Avenue will be required o More utilities with which to contend o More construction impacts to the community County Transit Easement Alignment (Southern Pacific Trans. Co. Right-of-Way) o Construction cost - $900,000 o Must pass under existing building that will eventually be removed o Access to the sewer may be limited if the transit system is imp1 emented o Special design considerations to address limited pipe access RECOMMENDATION: Se1 ect the County transit easement as the trunk sewer alignment because of lower construction costs and reduced impacts to the community. -5- U SAkATOGA 1i~L.L.E'( ::: ,~~,,, EI Dorado Ave. S. P. T. C. (Transit Easement) Railroad Ave. Hartz Ave. APTS. ~.~ L" I...' ~ : ':'::. .. .. . .~.... ............ .... ......J ~ \, \,,, \\/ Figure 1 \' ,\ \, \\ ~ \\ \\ \\ \\ \ \ \ \ \\ \ \ \ \. .. . .' ~ ,", ~ ../\,_ _~,._. 'h ~ ~.~ , , \:G'" II 'I II \ I l: I;' '1 II /" ,I , I I \\ ~ ~ /I~// \ \, I I' \ \ . I \' I,' 'I " I I ,I \'1 11,1 ,\I J '1/1 \1101/, IICD; I I t \DIll I' ' I I ~I II II II 'i II I I' II II ! I II II I Ii! I II ! I II II II II II~il 113T 11~li II~i I I~II i~ I 11 ~ UJ J7, II. CHARLOTTE WOOD SCHOOL ..." .~ 10.' ... 10' ,0' ,~, I.)' t ,..,. xu ".. AVE 'of ~~ ~I ".oc 410' "1)' .0 .t/OH '0 '0' "0 '0 ~-----1 t-.-.-.-.-., 1- - - -~ (:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;1 01.'" uo ..(1 \ ,.' " I, I, . l 4' [I] ATTACHMENT 1 SAN RAp.{)N VALLEY SEWER IMPROVE~NT PROJ ECT PROJ ECT EL EMENTS AND IMPACT MITIGATION MEASURES FOR WHICH BOARD DIRECTION IS REQUESTED BOARD DECISION NO. 3 3. ISSUE: Sewer Sizing BACKGROUND: When the Draft EIR was prepared, staff had not yet determined a recommended sewer size. Staff recommends that the size of the trunk sewer be based on the most reasonab1 e u1 timate growth projection for the San Ramon Valley. Staff recommends the proposed trunk sewer be designed to provide sufficient long-term capacity, on the order of 50 years, to avoi d the need to construct a para11 e1 trunk sewer in a lesser time frame. Future construction wou1 d be dffficu1t and expensive because there are few remaining a1 ignments that are suitab1 e for grav ity sewers. Recommendati on of a sewer size was deferred until comments were received on the four possib1 e growth scenarios presented in the Draft EIR. AL TERNATIV ES: Four popu1 ati on growth scena ri os were developed by the EIR consultant with input from District staff, County staff, Danvf11e staff, San Ramon staff, and developers. The EIR growth scenarios were developed in preference to reliance on general plans because the current general p1 ans for the area do not correspond with the 50-year design life. Growth scenarios were developed based in part on recent court decisions that require an analysis of the impacts of all "reasonably foreseeab1 e probab1 e future projects." This has been interpreted to include developer proposal s, even if no formal appl icati ons have been ffl ed. The four scenarios are: GROWTH SCENARIO DESCRIPTION UL TIMATE POPULATION SEWER SIZE CONSTRUCTION COST (MILLIONS) Current 55,900 1 Ex. Service Area Area Based on ABH3 89,500 48" $26 .0 2 No. 1 + Dougherty V1y. & West Side 104,000 54" $28.5 3 No. 2 + Gumpert Ranch 115,000 54" $28.5 4 No. 3 at Higher Density 142,200 60" $31 . 0 - 7 - The difference between the four growth scenarios is primarily the assumptions made about growth occurring in the Dougherty Valley areas (Gale and Gumpert Ranches). This area is currently under the County General Plan which zones this area as agricultural preserve. The City of San Ramon has undertaken studies to amend its General Pl an. These stud1 es assume that the Gal e and Gumpert Ranch areas w 11 1 become part of San Ramon and have estimated popul at10ns for these areas. Growth scenarios 2 and 3 were based on the City of San Ramon preliminary population estimates available at the time of preparation of the Draft EIR. These estimates have and w 11 1 conti nue to change as San Ramon revises its General Plan; however, these changes will not affect sewer size in the ranges be1 ng cons1 dered. Sizing the sewer for growth scenarios 2, 3, or 4 is defined by CEQA as growth induc1 ng because present city and county general pl ans do not account for growth in areas of the valley that are included in these three growth scenarios. It shoul d be noted that sel ect10n of a part1cul ar growth scenario is intended to be for facilities planning purposes only. The District is not a land use planning agency. It is not adopting nor recommending that planning agencies adopt a particular growth scenario nor advocating development. Most of the comments received on the Draft EIR suggested that the District construct the sewer assuming the highest reasonable population growth so that impacts from construction of future sewers can be avoided. The City of Danv1lle commented that the entire sewer should be designed based on growth scenario 4 and, at the very least, that the sect 1 on of sewer through downtown Danv1ll e be based on growth scenario 4. People for Open Space commented that the trunk sewer should accommodate growth planned by the cities and county and, therefore, should be sized based on growth scenario 1. RECOMMENDATION: Select growth scenario 3 as the population basis for sizing the trunk sewer. Staff believes that within the SO-year design life of the trunk sewer that development wl1l occur in the Dougherty Valley areas. The population projections for growth scenario 3 are more reasonable than those of growth scenario 4. (Selection of growth scenario 3 is defined as growth inducing by CEQA because it removes an obstacl e (e. g. trunk sewer capacity) to the development of the Dougherty Valley. Growth in the Dougherty Valley is not included in the current general plans for the area.) -8- ATT ACHr-ENT 1 SAN RAMON V All EY SEW ER IMPROV EMENT PROJ ECT PROJ ECT EL EMENTS AND IMPACT MITIGATION r-EASURES FOR WHICH BOARD DIRECTION IS REQUESTED BOARD DECISION NO. 4 4. ISSUE: Size of Sewer Through Danvl1 1 e BACKGROUND: The City of Danvl1 1 e requested that the Di stri ct size the proposed trunk sewer through Danville based on growth scenario 4, the highest population projection. Danvl1le's objective is to avoid the traffic disruption and other problems associated with constructi on of another trunk sewer through thei r commun ity. The City contends that the possible growth inducing impacts of oversizing the sewer are more acceptabl e than the construction impacts of a possibl e future trunk sewer. Since future upstream and downstream parall el sewers woul d have to be constructed for the additional capacity of the proposed scenario 4 sewer in Danvl1le to be real ized, future decision makers will have the opportunity to decide whether or not to take advantage of the increased capacity in the Danvl1 1 e segment of the San Ramon trunk sewer. ALTERNATIVES: Basing the sewer design on growth scenario 4 would increase the size of the sewer by one pipe size over that required for growth scenario 3 (60-inch pipe instead of 54-inch). The additi onal cost of increasi ng the pi pe size is $35 per foot. The capacity of a 60-inch sewer is 23 percent greater than a 54-inch sewer. There are two secti ons of the sewer al ignment where it mi ght be desirable to increase the pipe size because of future construction difficulties. These sections and the related costs are: DESCRIPTION LENGllI INCREMENTAL COST San Ramon Valley Blvd. to Love Lane - bypasses the business district of Danvl1 1 e 3,500 ft. $200,000 San Ramon Valley Blvd. to Stone Valley Road - the 50-foot-wide section of the railroad rioht-of-wav 13 ,600 ft. $600,000 RECOMtJENDATION: Staff recommends that the sewer be sized for growth scenari 0 4 for the enti re 50-foot-wide secti on of the ral1 road right-of-way <13,600 feet). This recommendation is based on the difficulty of trying to construct a future trunk sewer in the remaining portion of this narrow right-of-way. The incremental cost of $600,000 is approximately 2 percent of the $28.5 million construction cost. -9- ATTACH~NT 1 SAN RAKlN VALLEY SEWER IMPROVEt.'CNT PROJ ECT PROJ ECT ELEMENTS AND IMPACT MITIGATION ~ASURES FOR WHICH BOARD DIRECTION IS REQUESTED BOARD DECISION NO. 5 5. ISSUE: Tunnel ing or Jacking vs. Open Trenching Across Roadways BACKGROUND: Use of the tunnel ing construction technique to cross Sycamore Valley Road and San Ramon Valley Blvd. is specified in the EIR. All other street crossings are specified for the open trenching construction technique. The City of San Ramon has formally requested tunnel ing under all of its streets. The District plans to hire a traffic consultant during the design phase of the project to evaluate the traffic level of service designation which will result on the major street crossings as a result of using the open trenching method. The traffic consultant will also determine if detours are feasible. If the traffic level of service analysis shows that the traffic impacts of a sewer trench construction would be unacceptable or if detours are not feasible, the consultant can recommend the use of the tunneling or jacking method in lieu of the open trenching method specified for some additional roadways. Staff has prepared the following cost estimate which shows the additional cost to use the tunnel ing method over the open trenching method at the following road crossings: S1REET LENGTH COST - Danville at Rudgear Road Crow Canyon Norri s Canyon Boll inger Canyon Fostori a Montevideo Hemme Del Ami go 1 10ft. 140 ft. 1 10ft. 1 10ft. 70 ft. 100 ft. 70 ft. 70 ft. $100,000 $125,000 $100,000 $100,000 $ 70,000 $ 92,000 $ 70,000 $ 70,000 RECOMMENDATION: Staff recommends that the decision whether or not to tunnel and jack under the streets 1 isted above be deferred pending the outcome of a traffic study. -10- ATTACHMENT 1 SAN RAK>N V AlLEY SEWER IMPROVEMENT PROJ ECT PROJ ECT EL EMENTS AND IMPACT MITIGATION MEASURES FOR WHICH BOARD DIRECTION IS REQUESTED BOARD DECISION NO. 6 6. ISSUE: Recreational Trail Along Right-of-Way BACKGROUND: Several commenters asked the District to provide a hardtop trail from Rudgear Road south to the Danville railroad station after construction. The commenters stated that providing the hardtop trail could be considered a mitigation measure for the dust, noise, and general inconvenience during construction. The trail between Rudgear Road and the Danvill e rail road station is approximately six mil es. Many local resi dents use the trail as an alternate means of going to downtown Danville. In addition, two miles of the right-of-way south of Danville between San Ramon Valley Road and San Ramon Creek are used as a trail by local resi dents and school children. At the present time, five mil es of the trail is covered with gravel only, left over from Southern Pacific operations, and the remaining three miles of the trail in this area was covered with road oil and gravel by EBp.uD. Staff has prepared the following range of cost estimates to provide a road and oil or a hardtop trail from Rudgear Road south to St. James Court. Thi s area corresponds with the fi rst two phases of the proposed project. The estimated cost ranges are as follows: SECTION 1 PROSPECT AVE.- STONE V ALLEY SECTION 2 STONE VALLEY RD.- RJDGEAR RD. ROAD OIL & GRAVa $ 72,000-$109,000 HARDTOP TRAIL $145,000-$290,000 DISTANCE 2.8 mil es $ 62,500-$ 94,000 $125,000-$250,000 2.4 mil es SECTION 3 ST. JAMES CT.- PROSPECT AV E. $ 55,000-$ 83,000 $110,000-$220,000 2.1 miles TOTAL $189,500-$386,000 $380,000-$760,000 7.3 mil es RECOMMENDATION: Staff's standard operating procedure is to recommend in-kind replacement. The Board may wish to consider upgrading the trafl as a mftfgatfon measure. Staff would recommend that the trafl only be upgraded if the County or some other public agency agrees to accept responsibility for operation and maintenance of the trail. -11- ATT ACHP-ENT 1 SAN RAMON VALLEY SEWER IMPROVE~NT PROJ ECT PROJ ECT ELEMENTS AND IMPACT MITIGATION ~ASURES FOR WHICH BOARD DIRECTION IS REQUESTED BOARD DECISION NO. 7 7. ISSUE: Septic Tank Accommodation BACKGROUND: District staff received several inquiries from residents 1 iving near the right-of-way who are currently serviced by septic tanks as to how they coul d be connected to the new sewer pipe. In addition, commenters at the publ ic hearing asked the District to contact septic tank service resi dents to inform them on a means to connect to the sewer. Staff estimates that approximately 460 househol ds in the vicinity of the ri ght-of-way are currently serviced by septic tanks. A Local Improvement District (LID) could be formed to connect the households currently serviced by septic tanks to the District's sewerage system. As a mitigation measure, the District could modify the design of the trunk sewer to facil itate future connection by househol ds currently served by septic tanks. These modifications would involve special placement of manholes and the construction of short pipe stub outs to accommodate future main line connections. The cost for these modifications would be approximately $45,000. RECOMMENDATION: Modify trunk sewer design to facilitate future connection by adj acent houses currently served by septic tanks. Conduct a notification program to communicate these measures to the appropriate residents. -12- ATTACH~NT 1 SAN RAK>N VALLEY SEWER IMPROVE~NT PROJ ECT PROJ ECT ELEMENTS AND IMPACT MITIGATION MEASURES FOR WHICH BOARD DIRECTION IS REQUESTED BOARD DECISION NO. 8 8. ISSUE: Public Information Program During Construction BACKGROUND: A maj or concern expressed by c1t1 es, the bus 1 ness community, and local residents was the need for an effective public information program during construction. Almost everyone staff met was extremely sensitive to public sector construction after the1 r recent experience with previous utility construction in the area. The following elements of a public information program have been suggested: o Notify all business and property owners (commercial and residential> in advance of construction schedules. o Notify resi dents along right-of-way as to when they can expect project construction activities. o Provide advance notice of construction to residents, schools, offices, and commercial/retail establishments located within several hundred fee of the right-of-way. o Notify all properties in advance if any trees on the1 r property or overhanging their property must be removed or pruned. o Provide adequate public notification of construction activity, including any applicable detour routing. o Notify neighborhoods in advance of upcoming construction, both via direct contact (e.g. mail notice> and signs posted in public areas along the construction route. RECOMMENDATION: Staff recommends funds be included in the San Ramon trunk project to conduct an effective public information program during the design and construction phases of the project. An approximate cost for the recommended publ ic information program is $40,000. -13- ATT ACHfJENT 1 SAN RAmN VAlLEY SEWER IMPROVE~NT PROJECT PROJECT ELEMENTS AND IMPACT MITIGATION fJEASURES FOR WHICH BOARD DIRECTION IS REQUESTED BOARD DECISION NO. 9 9. ISSUE: Inclusion of "Standard" Mitigation Measures in the Project. BACKGROUND: The EIR proposed many mitigation measures for construction impacts that are standard procedures for District projects. These measures are listed in Attachment 2. RECOMMENDATION: No action required. Staff will include the mitigation measures listed in Attachment 2 unless otherwise directed by the Board. -14- Attachment 2 STANDARD MITIGATION MEASURES TO BE INCORPORATED INTO SAN RAK>N V ALLEY SEWER IMPROVEMENT PROJ ECT The EIR for the San Ramon Valley Sewer Improvanent Project identified the miti gati on measures that are proposed to be impl anented as part of the project. The EIR also suggested additional possible measures to mitigate constructi on impacts. Many of these miti gati on measures are standard procedures on District construction projects. The District will implanent the following mitigation measures as part of the project unless otherwise directed by the Board of Directors and subject to the Board adopting findings. CCCSD Proj ect Oversi Qht CCCSD w 11 1 negoti ate encroachment perm i t req ui ranents with ci ty representatives (pl anni ng depar"bnent and publ ic works depar"bnent staff). CCCSD will assign inspectors to the construction site to ensure contractor compliance with construction contract specifications. Traffic Impact MitiQation Traffic control plans will be prepared for each street crossing in each phase of construction. The District will consult with local jurisdictions regarding possible scheduling of night or weekend work in commercial areas or busy streets. The Contractor will provide adequate off-street parking for anployees at all times and arrange ridesharing when possible to reduce the worker auto trips. Transport of heavy construction equipment will be limited to off-peak peri ods, with maximum use of on-site storage and stagi ng areas. The Di stri ct w ill tunnel or jack and bore under San Ramon Vall ey Boul evard and Sycamore Vall ey Road. The District will use construction techniques that maintain access on affected local streets and requi re the contractor to prepare traffic control plans to show specific methods for maintaining access. Techniques to maintain access include: (1) Use of flaggers to mai ntai n al ternati ng one-way traffic; (2) pl acement of steel plates over the open trench during non-working hours; (3) paving a tanporary additional travel lane when sufficient width exists; (4) use of advance construction signs and other public notices to alert drivers of activ ity in the area; and (5) use of "positive gui dance" detour signing on alternate access streets. -15- Work on street crossings (except when boring pits are used) would be limited to one location at a time. Scheduling of work would be such that alternate access routes to be used by affected traffic are not blocked by concurrent construction. Trenches The amount of trench open at anyone time w ill be 1 imited to approximately 400 linear feet at anyone location. During non-work hours, all open trenches within streets should be covered with steel plates or temporary backfill and pavement. The contractor will be required to sign all streets fran both directions, visible day and night, to mark street construction. Within the RON, trenches will be barricaded. The RON will be temporarily closed to the public during construction and signed with approximate closure and reopen dates. CCCSD will consult with the traffic coordination/control staff at appropri ate pol ice/sheriff departments pri or to constructi on and arrange for any necessary traffic control assistance. CCCSD w ill notify appropri ate emergency serv ice agenci es of construction locations and schedules. Haulinq Trucks Project haul trucks will not be overfilled. Hauling distances will be minimized by thorough consideration of available dumping sites. Hauling trucks will maintain safe, slOll speeds, reducing potential safety hazards and dust generation. Haul trucks will be cleaned off (hosed off) before entering publ ic streets, if necessary. Any accidental spill of material will be cleaned up within a reasonable time. Construction Equipment The general contractor will be required to maintain and operate construction equipment in such a way as to minimize exhaust emissions, e.g. truck idling kept to a minimum. Equipment will be stored on the RON or designated staging site, properly parked and locked during non-work hours. Construction equipment will be fitted with the best available noise suppression devices. Construction Activities The District proposes construction during the dry season (May to October). However, if any construction does occur during the winter season (November to April), stockpiles of fill and soil at the project site will be covered and surrounded by a berm (or other barrier) to prevent washing away of sediment. Silt fences will also -16- be install ed between the constructi on area and creeks to trap sediment. Project grading will avoid filling drainage ditches within the RCl'I. Silt fences will be placed across ditches draining the RCl'I if rain is forecast. Stockpiles of soil and fill will not be placed near catch basi ns. Maximum use will be made of excavated material for backfill ing of trenches. All materi al not used for refill ing trenches w ill be disposed of at proper sites. Groundwater pumped fran trenches duri ng dewateri ng w ill either be stored in temporary detention basins for reinfiltration into the ground or diverted to appropriate local storm drainage facilities. To reduce dust generati on, all di sturbed porti ons of the RCl'I that have been cl eared of vegetati on and all pil es of excavated and bedding material will be watered (at least two times per day). Construction near residential neighborhoods will commence no earlier than 7:30 a.m. to reduce the chances for interrupting the sleep of most residents 1 iving near the RCl'I. Local jurisdictions may impose other restrictions on construction times, as specified in encroachment perm its. If archaeol ogi calor hi stori c sites are di scovered duri ng construction, a qual ified archaeologist or local representative of the Native American Community will be consulted in the formulation of mitigation measures. RCl'I Condi ti on Vegetation clearing within the RCl'I will be limited to the immediate trench excavation area. Equipment and material storage sites will be chosen to minimize the need for removal of significant vegetation (e. g. 1 arge sh rubs, trees, densel y vegetated areas) . Where appropri ate, the RCl'I w ill be revegetated after constructi on. Any major trees or major shrubs removed will be replaced by young plants of the same kind or another kind agreed upon between CCCSD and the adj acent property ow ner in consul tati on with the County, and, if appropriate, EBRPD. Removal of mature trees will be avoided wherever possible. An arborist (tree specialist) will be retained by the District to survey the entire construction alignment. CCCSD has agreed in its easement contract with the County, to return the RCl'I to its original or otherwise acceptable condition after construction as determined in conjunction with the County and cities. The District will document existing conditions prior to construction. The ROW will be restored to original ground contours and drainage patterns, and revegetated as appropriate. -17- The construction site will be kept tidy, free of litter, with equipment and materials stored in designated areas when not in use. Safety The District will circulate final construction plans to all appropriate utility agencies and discuss with them final arrangements for relocation or construction around existing lines. The District will be responsible for notifying local custaners should any utilities need to be temporarily shut off during constructi on. To reduce exposure of school ch il dren to potenti al constructi on hazards CCCSD will consider; 1) scheduling construction past school sites during summer vacation months (June - August); 2) hiring private security to patrol the construction site during the day near school s. Local emergency response agencies (police, fire, ambulance) will be notified of construction schedules and locations. Reduci ng the speeds of haul trucks as they travel on the RON and away fran the construction site on local streets will reduce any widespread noise. Access to Properties Access to residential and business properties will be maintained throughout proj ect constructi on. Access to businesses on or proximate to the ROW will be maintained during business hours. CCCSD will carefully survey the approved pipeline and construction easement and noti fy any property owners of potenti al use conflicts (unoffici al private uses on the R()I such as sheds, fences, driveways) well in advance of any construction activity. -18- Attachment 3 RESQUTION NO. RESOLUTION CERTIFYING THE FINAL ENV IRON MEN TAL IMPACT REPORT FOR lHE SAN RAMON V ALLEY TRUNK SEWER IMPROVEMENT PROJ ECT WHEREAS the Central identified a need for wastewater fran current Ramon Vall ey; and Contra Costa Sanitary District, in 1984, additional trunk sewer capacity to collect and future residents and businesses in the San WHEREAS the Di strict has undertaken pl anni ng activiti es rel ated to the San Ramon Vall ey Trunk Sewer Improvement Proj ect cul mi nati ng in the following reports: Draft Env i ronmental Impact Report, San Ramon Vall ey Trunk Sewer Improvement Proj ect, dated June 1986 Final Environmental Impact Report, San Ramon Valley Sewer Improvement Proj ect, dated September 1986 San Ramon Valley Sewer Master Plan, dated December 1984 Watershed 33 Trunk Sewer Pipeline Predesign Report, dated June 1985 Draft Collection System Master Plan, dated May 1986 WHEREAS the Di stri ct has di stri buted the Draft and Environmental Impact Reports to the appropriate federal, state, and government agencies for review, and made all of the reports listed available for public review; and F1 na 1 1 oca 1 above WHEREAS the District distributed a Notice of Preparation of Environmental Impact Report, dated December 11, 1985, to affected state, regi onal, and local government agenci es, and to interested communi ty groups and citizens; and WHEREAS the Di strict conducted a meeti ng with local government officials on December 11, 1985, and a public meeting on December 11, 1985, for the purpose of receiving comments on the specific impacts of the project that should be analyzed in the EIR; and WHEREAS the District conducted a public meeting on March 12, 1986, for the purpose of reporti ng the status of the preparati on of the Draft EIR and to receive public input before completion of the Draft EIR; and WHEREAS the District conducted an "open house" on July 10, 11, and 19, 1986, for the purpose of describing the project to and answering Questions fran the public; and -19- WHEREAS the District conducted a public hearing to receive oral and written comments about the Draft EIR on July 23, 1986; and WHEREAS written comments about the Draft ErR were received by the District prior to and subsequent to the public hearing; and WHEREAS the District Board of Directors has reviewed the Draft EIR, all comments about this report, and responses to these comments that are included as part of the Final EIR; N()I, THEREFORE, be it resolved that the Board of Directors of the Central Contra Costa Sanitary District does hereby find and certify that the Fi nal EIR for the San Ramon Vall ey Trunk Sewer Improvement Proj ect is legally adequate. PASSED AND ADOPTED by the Central Contra Costa Sanitary Di stri ct Board of Directors this 16th day of October, 1986, by the following vote: AYES: NOES: ABSENT: Members: Members: Members: President of the District Board of the Central Contra Costa Sanitary District, County of Contra Costa, State of California COU NTER S IG NED: Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California APPROVED AS TO FORM: James L. Hazard, District Counsel -20- ATTACH~NT 4 RESOLUTION NO. RESOLUTION OF INTENT TO APPROVE 1l-IE SAN RAKlN VALLEY TRUNK SEWER IMPROVEMENT PROJECT WHEREAS, the District Board of Directors have certified the Final EIR for the San Ramon Valley Trunk Sewer Improvement Project as being legally adequate; and WHEREAS, the District Board of Directors have provided direction to staff on sel ecti on of the proj ect al ternative and preparati on of the fi ndi ngs of fact regarding the project; NOW, 1l-IEREFORE, be it resolved that the Board of Directors of the Central Contra Costa Sanitary Di strict does hereby intend to approve the San Ramon Valley Trunk Sewer Improvement Project subject to the adoption of project findings on October 28, 1986. PASSED AND ADOPTED by the Central Contra Costa Sanitary District Board of Directors this 16th of October, 1986, by the following vote: AYES: NOES: AS SENT: Members: Members: Members: President of the District Board of the Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California APPROVED AS TO FORM: James L. Hazard, District Counsel -21- . Centr.. Contra Costa Sanital.. District BOARD OF DIRECTORS PAGE 1 OF 4 SUBJECT NO. v. BIDS AND AWARDS 1 DATE POSITION PAPER BOARD MEETING OF AUTHORIZE AWAAD OF CONlRACT TO WINTON JONES FOR THE a.E~ING OF ALUM SLUDGE BASIN II AND AUTHORIZE $68,000 IN SEWER CONSlRUCTION FUNDS TYPE OF ACTION JUTHORIZE FUNDS SUBMITTED BY J ames Bel cher Associate En ineer INITIATING DEPT.lDIV. Plant Operations Department/ Maintenance En ineerin ISSUE: On October 7, 1986, sealed bids for the cleaning of Alllll Sludge Basin II which is located at the District's Wastewater Treatment Plant were opened. The Board of Directors must award a contract or reject proposals within 30 days of the opening of bids. BACKGRCXJND: The Di stri ct conti nues to treat al lIII sl udge generated by the Contra Costa Water District through the use of settling/drying basins on the Plant site until the current agreement expi res on July 1, 1987. Presently, Al lIII Basi n II is full and dried and requires cleaning. This dried alllll sludge was deposited on the District's property prior to April 1, 1986. After this date, the Contra Costa Water District w1l1 be required to pay for the removal and disposal of alllll sludge. Alllll Sludge Basin II was last cleaned in 1984. The bids were submitted on a unit price basis. Therefore, payment to the contractor will be calculated by multiplying the vollllle of alum removed fran the basin times the bid unit price. Approximately 2,600 cubic yards of dried alum sludge will be hauled offsite to Acne Fill Corporation. The District will directly pay to Acne Fill Corporation the dumping fee not to exceed $12.50 per cubic yard. Hauling the alum sludge to Acne Fill Corporation assures the disposal of the alum sludge in a manner acceptable to the District. Richmond Landfill, the disposal site last year, will no longer accept the alllll sludge as a result of stricter regulations pranulgated by the Regional Water Quality Control Board. This project was publically advertised on September 27 and October 2, 1986. Two bids were received. The low bid was $9.95 per cubic yard, and the high bid was $13.50 per cubic yard for estimated totals of $25,870 and $35,100 respectively. The lowest responsible bidder was Winton Jones. RECOM~NDATION: Authorize award of the contract for the cl eani ng of Al lIII Sl udge Basin II to Winton Jones at a unit price of $9.95 per cubic yard, and authorize $68,000 in Sewer Construction Funds for this project. REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIATING DEPT.lDIV. Cw6 CWB ATTAa-IMENT A PREOONSlRUCTION COST ESTIMATE Maintenance Labor Winton Jones - 2,600 yds x $9.95/yd Acne - 2,600 yds x $12.50/yd Constr ucti on C1 er i ca 1 10 Percent Contingency $ 1,500 25,870 32,500 1,000 1,000 $61, 870 6,130 $68,000 Central Contra Costa Sanitary District October 9, 1986 TO: JAMES BELCHER, PLANT OPERATIONS DEPARTMENT ASSOCIATE ENGINEER PAT O'CONNOR, SENIOR BUYER P&e /O...q FROM: SUBJECT: BID REQUEST T0287P, PROVIDE ALL LABOR, EQUIPMENT, AND MATERIAL TO REMOVE APPROXIMATELY 2,600 CUBIC YARDS OF ALUM SLUDGE FROM BASIN NUMBER II. Formal bidding commenced with publ ication of Notice to Contractors on September 25 and October 1, 1986. Four contractors compl eted the site inspection, as required, and were given their formal bid package upon completion of the inspection. Bids were publicly opened and read on Tuesday, October 7, 1986. CONTRACTOR BID AMOUNT EXCEPTIONS Winton Jones Gradex Heim Bros. Gallagher & Burke $25,870.00 35,100.00 No Bid No Bid None None No Bid No Bid A technical and commercial evaluation was conducted by the Plant Operations Department Associate Engineer and Purchasing (see Attachment 1) which shows that Winton Jones is the lowest responsible bidder. Since 1946, Winton Jones has performed contract work for the District and demonstrated that they can fulfill all of the requirements of a contract. Purchasing, therefore, recommends that you prepare the Position Paper to the Board of Directors recommending the award to Winton Jones for providing all labor, equipment, and material to remove approximately 2,600 cubic yards of alum sludge from Basin II at a unit cost basis, which is a price of $25,870.00. POC/bbm cc: C. Batts K. Laverty .-. . o Z I- Z W ~ :::r: U <C l- I- <C ,-, ~]I '~ I I I ~ '"" c.. ~ @ ><:l5 N ..--t ::: ~-g & ~ 0 ~ U ~~ ..--t E~5 i a:;::1 N E~ ;::; s.. ~ "'" c ~~ c:l ..::> I-u ffio ~55 b ....... .. ~.N""'" . e>-.......~~ ...Jzl-a-o ~~~~~ SX::E 00 ...J 0::: 0::: Ci! ~ u.. I~ <cw I~ W t.!:l '- e ~ ~ """rr-; :> O...J :",I~ b~Vl 0 ~w u c.. O::::E: ;2 l:: ::> 0 10...J3~ I-<C ...J u.. <CO ....... 0::: Vl IWCl I- 0::: <C<C I~>- ~ ~ ~ ;::~ - ~I~ 't:l CU ~I~ ;::I~ f- CUIC 1:51..- i ~ I ~ B ~:! ... ill:l~..J ~ 8 ci ~ .. c ... 0 c::: I a. = I; a ~ .12 .~ () .. a ii ... o z~ Oz -0 ~~ ::1"'- .0 cc~ ... ....... 3: I !;... ~ LL ex v ~ v I~ It: I~ I...... I- I c ~~ o~ .... ..~ !~ ~~ ..\.! ef Cl ....... t:ii~ ~f ~~ ..\.! ~ f Cl ...... c:l o .. ~ z I~ ~.. I~ II": :~ o ~g ~ ..... 0 ~ .. LO I: ~ M Z\.! ~ ~f ~.. 0 .. ~ 0 e.. a I~ I~ ,~ .. LO 1:" N zW ~ ~f I~ ~!!-g i~Bi~ s = ~ ..... s.. u Vl cu Cl - .. ~ o ,..... to ..... s.. cu I 12 .:.. .. cu > o ..Cl <C Vl ex: I- l~ ~ -+: ~~ 11 ! .. ":- is Ei..--t I . . Centra' -~ontra Costa SanitarY-"istrict dOARD OF DIRECTORS PAGE 1 OF 1 POSITION PAPER BOARD MEETING OF October 16 1986 NO. VI. CONSENT CALENDAR 8 SUBJECT DATE ADV ISE lHE BOARD OF THE CLOSEOUT OF THE V IA ROBLE PUMP STATION. ffiOJECf IN LAFAYETTE CDISlRICf PROJECf 4014) AND RETURN $2,985 TO THE SEWER CONSTRUCTION FUND October 8, 1986 TYPE OF ACTION INFORMATION,4l SUBMITTED BY INITIA TING DEPT.lDIV. Thomas Tri ce, ./Construction Div. ISSUE: All work has been completed on the Via Roble residential pump station project in Lafayette, and this project can now be closed. BACKGROUND: This pump station project was designed to correct a long-term problem with sewage overflowing in the yard of the residence at 1064 Via Roble in Lafayette. The contract work included the installation of a residential pump station, 80 feet of four-inch pressure pipe into an existing manhole in Via Roble, replacement of the property owner's four-inch side sewer into the new pump station, installation of a special bolt down 1 id on an existing manhole behind 1062 Via Roble, partial driveway restoration, and other miscellaneous site work. The contractor, ~M .Construction Co., commenced work on July 16, 1986, and finished the work as scheduled on August 8, 1986. The project was accepted by the Board on August 21, 1986. The Engineer's estimate for the construction project was $39,500. M3M's constructi on contract was for $42,850. There were no change orders issued on the project. The total budget for the project was $76,800. The total completed project cost is $73,815, which is $2,985 less than the budget. Staff is closing out the proj ect, whi ch will resul tin $2,985 bei ng returned to the Sewer Construction Fund. RECOMMENDATION: This item is presented to the Board of Directors for information only. No action is necessary. REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIATING DEPT.lDIV. 1Sl AJfj 7/l/ 1302...9165 T AT RSK JSM RAB ~NG. . Centra -:ontra Costa Sanitar~ ..listrict BOARD OF DIRECTORS PAGE 1 OF 1 POSITION PAPER BOARD MEETING OF October 16 1986 NO. VI. CONSENT CALENDAR 9 SUBJECT ADVISE lHE BOARD OF lHE O-OSEOUT OF THE PLANNING DIVISION OFFICE SPACE IMPROVE~NT PROJ ECT <DISTRICT PROJ ECT 20033) AND RETURN $124 TO lHE SEWER OONSTRUCTION FUND DATE Oc ober 13 1 86 TYPE OF ACTION INFORMATIONAL SUBMITTED BY INITIATING DEPT./DIV. Tom Trice, Engineering Assistant Div. ISSUE: All work has been completed on the Planning Division Office Space Improvement Proj ect and th i s proj ect can now be closed. , BACKGROUND: This project converted the 2,100 square foot vacant area located in the east half of the first floor of the District Office Building to offices for the Planning Division staff. The work on this project consisted of constructing full height permanent walls for three offices, installing electrical and telephone services, painting, and installing various District-furnished material. The contract was awarded December 6, 1985 to John DeRespini Construction Company of Pleasant Hill, and the Notice to Proceed was issued January 2, 1986. The contractor compl eted work on February 18, 1986, two weeks ahead of the schedul ed contract completion date. The Planning Division occupied their new quarters on February 24, 1986. The Board accepted the work by the contractor at its March 20, 1986 Board meeting. The Engineer's construction cost estimate was $25,000. The contractor's construction contract was for $18,677. The total contract price was $19,170 for the construction project. This price included two Change Orders that were additions to the work as requested by the Planning Division during construction for a total of $493. The cost of the material which the District furnished for the project totaled $10,564 which included doors, carpeting, and miscellaneous equipment. The total budget for the project was $49,888. The total funds expended on the project was $49,764 which is $124 less than the budget. Staff is closing out the project which will result in $124 being returned to the Sewer Construction Fund. RECOMMENDATION: This item is presented to the Board of Directors for information. No action is necessary. REVIEWED AND RECOMMENDED FOR BOARD ACTION RAB INITIATING DEPT./DIV. 13021'.9/85 TT RSK YJfJ ~ . Centra :ontra Costa Sanitar~ Jistrict BOARD OF DIRECTORS PAGE 1 OF NO. VI. CONSENT CALENDAR 10 POSITION PAPER BOARD MEETING OF SUBJECT DATE AUTHORIZE $3,500 FROM THE SEWER CONSTRUCTION FUND FOR THE RJRa-tASE OF AN ISCO PORTABLE SAMPLER TYPE OF ACTION AUTHORIZE FUNDS INITIATING DEPT.lDIV. Plant Operations Department/ o e a ions ISSUE: Board approval is requested for authorization of $3,500 from the Sewer Construction Fund for the purchase of an ISCO portable sampler. BACKGROUND: The portabl e sampl er used by Pl ant Operati ons Department Laboratory personnel to collect the waste activated sludge composite samples is presently out of service and is beyond economical repair. This sampler is essential to Plant operation and is used continuously. It is recommended that the sampler be replaced with a new ISCO portable sampler at a cost of $3,500. RECOMMENDATION: Authorize $3,500 from the Sewer Construction Fund for the purchase of an ISCO portable sampler. 1302A.9/85 WEB REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIATING DEPT.lDIV. fArEl3 . Centra'c~ontra Costa Sanitar!4istrict dOARD OF DIRECTORS PAGE 1 OF 1 POSITION PAPER BOARD MEETING OF October 16, 1986 NO. VI. CONSENT CALENDAR 11 SUBJECT AUlHORIZE THE SUBSTITUTION OF NORTH COAST STEEL BUILDING, INC., lHE LISTED SUBCONTRACTOR, WITH DELCON DEVELOPMENT, INC., A NEW SUBCONTRACTOR, FOR STEEL ERECTION WCRK ON lHE t-EOiANICAL MAINTENANCE AND MATERIALS CONTROl BUILDING (D. P. 20027) DATE October 3, 1986 TYPE OF ACTION AUTHORIZE SUB STITUTION OF SUBCONTRACTOR SUBM~T.TED BY Munawar Husain, Associate Engineer INITtA TINGtDEPTct.lDJV. ~ons ru 10n Div./Engineering Dept. ISSUE: The General Contractor (West Coast Contractors, Inc.lW. A. Thanas Co., Inc.) has requested substitution of a subcontractor 1 isted on the bid proposal because the listed subcontractor will not execute a subcontract agreement. Board authorization is required for the substitution. BACKGROUND: West Coast Contractors 1 isted North Coast Steel Building, Inc. as the subcontractor for steel erection work on its bid proposal to the District for the Mechani cal Mai ntenance and Materi al s Control Buil di ng. Thi s subcontractor will not execute a contract agreement with West Coast Contractors because of its work load. Under these ci rcumstances West Coast Contractors now seeks approval to use Del con Development, Inc. for the performance of the same work. Under Cal iforni a Government Code Secti on 4107, subst i tuti on of a listed subcontractor is permitted only in certain situations; one of which is when the listed subcontractor fails to execute a written contract with the prime contractor. The awarding authority must consent to the substitution to effect the change. In the present instance, consent by the District is appropriate. The proposed substitution will not result in any additional cost to the District or result in a delay in the project completion. RECO~NDATION: Authorize the substituti on of the listed subcontractor, North Coast Steel Buil di ng, Inc., with a new subcontractor, Del con Development, Inc., for steel erecti on work on Di stri ct Proj ect 20027. REVIEWED AND RECOMMENDED FOR BOARD ACTION 1302....9/65 MH RSK JSM RAB INITIATING DEPT.lDIV. J/I .j&t, ~~ . Centra =ontra Costa Sanitar~ .Jistrict BOARD OF DIRECTORS PAGE 1 OF 9 POSITION PAPER BOARD MEETING OF October 16, 1986 NO. VIr. ENGINEERING 1 SUBJECT AUTHORIZE n-tE GM-CE TO EXECUTE PGREEMENTS WITH JOHN CAROllO ENGINEERS, CAMP, DRESSER & MCKEE, ENVIRONMENTAL SCIENCE ASSOCIATES, AND URBAN ALTERNATIVES AND AUTHORIZE $1,057,000 IN SEWER CONSTRUCTION FUNDS FOR n-tE CONTRA COSTA BOULEVARD AND "A" lINE FACILITIES PlAN DATE October 10, 1986 TYPE OF ACTION AUTHORIZE FUNDS AUTHORIZE AGREEMENTS SUBMITTED BY INITIATING DEPT./DIV. Joye l. Kurasaki, Associate Engineer Engineering Department/Planning Div. ISSUE: Boa rd of Di rectors' authorizati on is requi red for the General Manager-Chief Engineer to execute consulting engineering and professional service agreements and to expend sewer construction funds. BACKGROUND: The Contra Costa Boul evard and "A" line trunk sewers transport 94 percent of the District's wastewater to the treatment plant. last winter, several overflows occurred along the upstream sections of the Contra Costa Boulevard trunk 1 i ne as sh ow n on A tta chment A. The experience gained during last year's winter storms has been confirmed by the computerized hydraulic analysis in the Collection System Master Plan. The Master Plan has identified critical hydraul ic deficiencies along major sections of the Contra Costa Boul evard and "A" line trunk sewer. Sections which are currently over capacity and sections which will be over capacity within the next ten years are shown in Attachment A. The proposed project for the improvement of the Contra Costa Boulevard and "A" line sewers will address this trunk sewer capacity issue. This project has been assigned a top priority in the Engineering Department work schedule because of its magnitude and complexity. The Facilities Plan is the first phase in this project to alleviate the capacity limitation in sections of the Contra Costa Boulevard and "A" line trunk lines. The Facilities Plan tasks will include wet weather flow monitoring to obtain data to be used as a basis to compute the design flows for the trunk line improvements, the computation of the design flows, the identification of the approximate pipe sizes required for relief of the trunk lines, a TV inspection of selected sections of the existing trunk 1 ines to establ ish thei r current condition, the identification and eval uation of various al ternative routes for the new pipe, a preliminary soils investigation to determine the adequacy of the soil in areas of concern identified along the more viable alternative routes, the selection of the most vi abl e al ternative route, an aeri al survey to produce a map to be used for planning and design activities, the preparation of an Environmental Impact Report to address the environmental impacts of the project, and a citizen participation program to solicit comments from the people who may be impacted by the project. A more detailed description of these components is included in Attachment B. REVIEWED AND RECOMMENDED FOR BOARD ACTION JMK. J P#ft\ R INITIATING DEPT./DIV. SUBJECT AUTHORIZ E THE Gf.+.CE TO EXECUTE AGREEMENTS WITH JOHN CAROLLO ENGINEERS, CAMP, DRESSER & MCKEE, ENVIRONMENTAL SCIENCE ASSOCIATES, AND URBAN ALTERNATIVES AND AUTHORIZE $1,057,000 IN SEWER CONSTRUCTION FUNDS FOR THE CONTRA COSTA BOULEVARD AND "A" LINE FACIL ITIES PLAN POSITION PAPER PAGE 2 OF 9 DATE October 10, 1986 The total estimated cost of this Facilities Plan is $1,057,000. A bre{l.kdown of this cost, which includes engineering and professional services and related force account, is summarized in Attachment C. Camp, Dresser & McKee Engineers (CDM) was selected to perform the design flow computations and to identify the pipe diameters required for relief because of their work on the Collection System Master P1 an. The computer model developed for the Co11 ecti on System Master P1 an will be used to perform the design flow computations. In addition, a new computer program will be developed to perform hydraulic computations specific to the Contra Costa Bou1 evard and "A" Line system. The CDM contract w ill be of the "Di rect Labor Plus a Mu1tip1 ier with a Cost Ceiling" method contract type. John Carollo Engineers (JCE) was selected to perform the routing study because of thei r current, ongoi ng work on the Wa1 nut Creek Bypass Project and the Interim Treatment P1 ant Hydrau1 ic Project. These two projects will set the upstream and downstream hydrau1 ic control s for the Contra Costa Bou1 evard and "A" Line trunk sewer improvements. Utilization of JCE would consolidate these three projects and ensure that the Facilities P1 an will match the conditions set by the upstream and downstream projects. The JCE contract will be of the "Direct Labor P1 us a Mu1tip1 ier with a Cost Ceil i ng Method" contract type. This Facilities Plan will also include an Environmental Impact Report (EIR) and citizens participation program. An EIR must be prepared which comp1 ies with the California Environmental Quality Act and District environmental review regulations. A citizen participation program has been included since this project has a potenti a1 for considerab1 e busi ness and resi denti a1 impacts. Concerns raised during the public participation program will be addressed as part of the draft EIR. This will reduce the effort on the final EIR. Environmental Science Associates (ESA) and Urban Alternatives (UA) were selected to prepare the EIR and to conduct the public participation program, respectively, because of their experi ence and excell ent past performance on the San Ramon Vall ey Proj ect. Since San Ramon is included in the service area of this Facilities Plan, the contacts made and the information obtained by ESA and UA during that project will be useful in interfacing with the pub1 ic on this project. The ESA portion of the contract for the draft ErR w ill be a "L ump Sum Cost" contract type. The ESA porti on of the contract for the final ErR will be a "Cost Reimbursement with a Not to Exceed Ceil ing" contract type. The UA contract for pub1 ic participation will be of the "Direct Labor Plus a Multiplier With A Cost Ceiling Method" contract type. This Facilities Plan will set the stage for a construction project which is estimated to cost from $30 to $50 mill ion to improve the Contra Costa Bou1 evard and "A" line trunk sewers. These improvements will provide sufficient capacity in these trunk sewers to prov i de for u1 timate Di stri ct development. Thi s proj ect is i ncl uded in the Capital Improvement Pl an under the Pri ority B, "Coll ecti on System ....------. 13028-9/85 SUBJECT POSITION PAPER AUTHORIZE TIlE Gt4-CE TO EXECUTE JlGREEMENTS WITH JOHN CAROLLO ENGINEERS, CAMP, DRESSER & MCKEE, ENVIRONMENTAL SCIENCE ASSOCIATES, AND URBAN ALTERNATIVES AND AUTIlORIZE $1,057,000 IN SEWER CONSTRUCTION FUNDS FOR TIlE CONTRA COSTA BOULEVARD AND "A" LINE FACILITIES PLAN PAGE 3 OF 9 DATE October 10, 1986 . Improvements Project." The Contra Costa Boulevard and "A" Line trunk sewer improvements were schedul ed to occur after fi scal year 1995/96. However, because of the findings of the Collection System Master Plan, it has been reassigned a top priority for the next ten-year period. RECOMMENDATION: Authorize the General Manager-Chief Engi neer to execute agreements with John Carollo Engineers, Camp, Dresser & McKee Engineers, Environmental Science Associ ates, and Urban Alternatives. Authorize $1,057,000 from the Sewer Construction Fund to prepare the Contra Costa Boul evard and "A" Line Facilities Plan. '-------. 13028-9,85 o cr: ..J ..J i l- Z ~ <( 1.1.1 ..J ~ N W z i= a: < :E ,/ AVE. ~ >- ~ J: Q::! Q::! Cl.," o c a: o (J z o (J ..J ..J - J: .... Z < tJ) < W ..J Q. o o ~ a:: c( a:i e o ~ W w a: (J .... :;:) Z ..J ~ I- l-~cnU ::::lwcnw ZwcC.., ..Ja:Q..O cCU>-a: ~ alQ.. S' cr: o t- en cr:> >t- lb- -0 C ~~ Z 0< W io C) :2~ W 0)- ..J .....0.. en Cl W W o X W ~o. ~-{ '-Ill-\.\': C,O -{G~l>' - w Z - ..J ( , i ~ ~ .. .. c(C/') :: .... oa~ .~ Ow >> ..JO ma: c(~ t-~ tna: O,W o ~ I c:(i.i.i a:C/') t- Z o o en Cl W W o X W S'> cr:t- 0- t-U en~ 0:< >0 lbZ -C!) ~- Oen -,W u..Cl LOW 0)0.. 0)- .....0.. < W cr: < ~ o -' u.. cr: W > o je 5 of 9 Pages ATT ACH r.E NT B FACIL !TIES PLAN FOR lHE IMPROVEMENTS OF THE roNTRA roSTA BClJLEV ARD AND "A" LINE SEWERS PROJ ECT DESCRIPTION The Contra Costa Boul evard and "A" Line trunk sewer Facilities Pl an is the first phase in the project to alleviate the over capacity problem in sections of these trunk sewers. The Contra Costa Boul evard trunk sewer (which varies from 33 to 39 inches in diameter) serves the Pleasant Hill area west of Contra Costa Boulevard It discharges into the "A" Line just south of the Highway 680/Highway 4 interchange. The "A" Line (which varies from 66 to 90 inches in diameter) transports wastewater from the Contra Costa Boul evard trunk sewer and the anti re District's service area (with the exception of Martinez and the North Concord and Clyde area) to the treatment plant. This Facilities Plan will address the Contra Costa Boul evard trunk sewer improvements from Oak Park Boul evard to the "A" Line and the "A" Line improvements from Ygnacio Vall ey Road to the treatment pl ant. The work will be divided into several components: FL()I ANALYSIS AND MASTER PLANS INTERFACE Camp, Dresser & McKee (CDM) will coordinate the interface between the Collection System Master Pl an, the Treatment Pl ant Master Pl an, and th i s Faciliti es Pl an. They will perform additional research on the correlation between historic rainfall data and treatment plant influent flow. This information will be used to update the collection system computer model and use it to generate the 20-year event, design flows for the Contra Costa Boul evard and "A" Line trunk sewers. In addition, COM will utilize a new "Sewer Flow Routing" computer program to perform hydraulic computations and to model the proposed relief solution developed by John Carollo Engineers during their Routing Study. This will allow District staff to test the proposed relief solution and insure that it does provide for adequate relief. ROUTING AND PROJ ECT PH AS ING John Carollo Engineers (JCE) will conduct the routing study, which is the central work of the Facilities Plan. They will identify locations for wet weather flow monitori ng; develop and eval uate the al ternative sewer relief routes for Contra Costa Boul evard and the "A" Line; identify route constrai nts such as ri ght-of-way avail ability, utility conflicts, route access, and hydraulics; eval uate alternative construction methods and pipe material; and recommend the most viable route. JCE will take the design flows generated by CDM and develop the pipe design criteria. They will also investigate the potential for sewer overflow problems associated with numerous existing springline connections along the exi sti ng "A" Line and the possi bility of a common relief sewer for both trunk sewers. Finally, they will evaluate various project phasing options which will all ow for a short-term proj ect to correct the current over-capacity situati on and a long-term project to correct future capacity problems and also to interface with the Caltrans proposed Highway 680 improvements. Page 6 of 9 ENVIRONMENTAL REVIEW Environmental Science Associates will prepare the project's Environmental Impact Report (EIR). The study area for the EIR will include the entire District's service area with the exception of Martinez and the North Concord and Clyde area. This study area coincides with the area that is served by the "A" Line trunk sewer and includes the San Ramon Valley. CITIZEN PARTICIPATION Urban Alternatives will identify the various political bodies, associations, cities, and individuals who will be interested in or impacted by the project, with special emphasis given to businesses and homes along the alternative routes. They will hold project meetings which may include open houses and route alternatives screening workshops, arrange for publ ic notification of all meetings, and provide project meeting feedback reports to the District staff. AERIAL SURVEY An aerial survey firm will be retained to conduct a survey of the project area. District survey staff will interface by providing the ground survey controls. Based on this survey, an aerial photograph and a topographic map will be produced which will be used for the routing study, the environmental impact report, and the final project design. FL Oil t.{)N ITORIt(] Additional wet weather flow monitoring will be performed on selected smaller sewers tributary to Contra Costa Boul evard . Thi s fl ow monitori ng data wil 1 be used as a basis to develop the design flow for the trunk sewer improvements. TELEVISION INSPECTION A TV inspection of selected sections of the existing Contra Costa Boulevard and "A" Line trunk sewers will be conducted. The TV inspection will identify any corrosion probl ems and will establ ish the current condition of these trunk sewers. This information will be used to evaluate whether the existing trunk sewer can remain in operation and a parallel sewer line be installed to relieve the over-capacity situation or whether an entirely new trunk sewer is required for future capacity. SOILS INVESTIGATION A soils consultant will be retained to conduct a few soils borings along some of the more vi abl e al ternative routes. Some of the routes w 111 i nvol ve crossing of Grayson Creek and/or the Walnut Creek Channel. It is beneficial to do some preliminary soils work in these areas in order to determ1 ne the su1tab11 ity of the soil for a 1 arge d1 ameter trunk sewer installation. (So11s conditions can have a profound impact on construction cost and route selection.) Page 7 of 9 The Facilities Plan will result in improvements which will provide sufficient capacity in these trunk sewers for u1 timate Di strict development. The construction of about 15 mil es of trunk sewer is estimated to cost from $30 to $50 million <1986 doll ars) to improve the Contra Costa Bou1 evard sewer system and the "A" Line. Note that these costs are order-of-magnitude project costs). The costs include an estimate for right-of-way acquisition costs and p1 anni ng, engi neeri ng, and contract admi ni strati on costs. Construction of the Contra Costa Boulevard improvement project is expected to begin in 1988; construction of the "A" Line improvement project will follow at a later date. District staff will also investigate the potential for a project which will provide short-term capacity relief that would start construction during 1987. ATT ACHt.E:NT C COST B RE AKD OW N DESCRIPTION A. Consultant Contracts 1. 2. 3. 4. John Carollo Engineers Camp, Dresser & McKee Environmental Science Associates Urban Alternatives Subtotal B. Technical Contracts 1. Aerial Survey 2 . F1 ow Mon i tor i ng 3. TV Inspection 4. Soils Investigation Subtotal C. Other Sources 1. Mail Service 2. Real Estate Appraiser 3 . New spa per 4. Associated Public Partici- pat i on Cost s 5. legal Subtota 1 D. Force Account 1. Planning Division 2. Engineering Division - Review and As-Bul1 t infor. 3. Construction Div.-surveying 4. Plant Operations Dept. 5. Printing 6. Right-of-Way Acquisition Committee Subtotal $266,000 87,000 100,000 33,000 $ 83,000 50,000 25,000 15,000 $ 8,000 20,000 3,000 5,000 25.000 $167,000 13 ,000 50,000 5,000 21,000 15,000 Page 8 of 9 FUNDS REQUESTED $486,000 $173,000 $ 61,000 $271,000 Page 9 of 9 E. Contingency (10% of Consultant and Technical Contracts) $ 66.000* F. Total Funds Requested $1,057,00 *If necessary, staff will use this contingency for additional force account effort or to issue contract change orders to the consultants to expand their scope of work. . Centrar... Contra Costa Sanitar) District BOARD OF DIRECTORS PAGE 1 OF 18 POSITION PAPER BOARD MEETING OF October 16, 1986 NO. VI!. ENGINEERING 2 SUBJECT DATE October 14, 1986 CONSIDERATION OF FIXTURE FEES FOR ROSSMOOR TYPE OF ACTION RATES AND CHARGES SUBMITTED BY INITIATING DEPT.lDIV. ROGER J. DOLAN GENERAL MANAGER-CHIEF ENGINEER ISSUE: Consideration of fixture fees for Rossmoor was continued to October 16, 1986. BACKGROUND: On August 21, 1986, the Board of Directors conducted a public hearing to consider the proposed 1986-1987 Schedule of Fees. The decision concerning the proposed fixture fees for Rossmoor was continued to September 4, 1986, to allow the representative of the Rossmoor developer, UDC Homes, to submit their comments in writing. At the September 4, 1986 meeting, the Board of Directors granted the petition of UDC Homes to defer action on this matter pending further negotiation between the developer and the District. Excerpts from the August 21, 1986 position paper concerning Rossmoor fixture fees and related correspondence are attached hereto. RECOMMENDATION: Adjourn to closed session pursuant to Government Code Section 54956.9(b) to consider an appropriate course of action. REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIATING DEPT.lDIV. 1302A.9/85 (UDe) / 1717 IWssmoor Parkway PO. Box 2220 Walnut Creek, California 945.95 (415) 932-3900 lIDC Homes Limited Partnership September 2, 1986 Board of Directors Central Contra Costa County Sanitary District 5019 Imhoff Place Martinez, CA 94553-4392 Re: Proposed Rossmoor Fixture Fees Dear Board Members: At its August 21 meeting, The Board deferred action on the proposed Rossmoor fee increase until September 4. UDC Homes was thereby given an opportunity to present background and facts which, in our opinion, strongly support our position of opposition to the proposed fee increase. Attached to this letter is a letter from our attorney, Allan Berland, which outlines the history of the 1963 Agreement between Rossmoor Corporation and The District, the 1965 Supplemental Agreement, and several subsequent events. Since Mr. Berland's letter is in some detail, I will not repeat its points. However, it strongly underscores our position that the proposed fee increase is not consistent with the 1963 Agreement and that the Agreement is enforceable. Although we believe our position would be supported in any legal action, we recognize that there is a wide and long-standing disagreement between the parties. We believe, therefore, that it is in both our interests to resolve this through negotiation rather than the courts. Specifically, we propose that UDC Homes and The District enter into negotiations as follows: 1. The Board defer action on the a minimum of 90 days. Although we we believe at least 90 days are increase will not include our which is now being graded. proposed fee increase for want this resolved quickly, needed. Further, that the 72 unit Mutual 53 project 2. The fee for Mutual 53 would be consistent with the 1963 Agreement. Since each unit in Mutual 53 will have two baths, we would be agreeable, on this interim basis, to using the appropriate 1963 two bath rate, adjusted for Rossmoor's Listed on the New York Stock Exchange Board of Directors September 2, 1986 Page 2 current occupancy rate of approximately 1.49. UDC Homes is committed to resolving this issue through negotiation, and will make the time available to accomplish it. In addition, we are prepared to negotiate a new agreement if it provides long-term protection of any new agreed upon fee structure. We appreciate your support of this interim means to resolve our differences. u~ S. Comegys Manager LSC: jmb Enclosure cc: Allan Berland, Esq. James Hazard, Esq. Jim Kelley ~ , \!-c{).. c. ,t 'y:,'-' -1 ~ ( Tv: , -. \ . ~ .....- \!,..; \,.{ _'...~._ --\ {-....~ ''-,~.A_'. LAW OFFICES OF ALLAN M. BERLAND INTERNATIONAL BUILDING 601 CALIFORNIA STREET SAN FRANCISCO 94108 TELEPHONE EXBROOI'I, 7-6711 AREA CODE 415 August 29, 1986 Board of Directors Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, California 94453-4392 Re: Rossmoor, Walnut Creek Dear Members of the Board: Larry Comegys has asked me to write to you on behalf of UDC Homes Limited Partnership in view of the feelings expressed by some Directors at the August 21, 1986 Board meeting concerning the Rossmoor Agreement. In order to understand the Rossmoor situation today, we believe that it would be helpful to review some of the history of the project and the District's Agreement with the Rossmoor community. I am familiar with the history of Rossmoor, having represented the Golden Rain Foundation of Walnut Creek and the Mutual Corporations, the Rossmoor homeowners' associations, from 1965 to 1968, and Terra Cali- fornia, the developer, from 1968 to 1984. Since that time I have represented UDC Homes Limited Partnership. The Dollar Ranch was acquired by Rossmoor Corporation in 1963, and masterplanned as an adult retirement community of 10,000 moderate income dwelling units under Section 213 of the National Housing Act, as amended. In order to Board of Directors Page Two August 29, 1986 satisfy the project's lenders and the Federal Housing Administration (now the Department of Housing and Urban Development), which was to insure the mortgages, certain development requirements and costs had to be established prior to the initiation of development. Accordingly, Rossmoor Corporation entered into the 1963 Agreement for the purpose of establishing the District's development criteria to annex the Dollar Ranch into the District, and to fix the development costs for sewage services for the planned Rossmoor dwelling units. The Agreement provided for the Dollar Ranch to be annexed into the District, thereby increasing the District's rate base, and Rossmoor Corporation was to construct the major sewage facilities. All fees for connecting Rossmoor dwelling units into the District's sewage system were based upon a formula using the District's standard connection charge and the occupancy ratio for the Rossmoor units. The Agreement covers the entire development of the Dollar Ranch. Nowhere in the Agreement is any time frame set forth in connection with this development. e.g. see paragraphs 4(a) and 5(a) and (b). Indeed, the developer was given the discretion to determine when the components of the overall sewage system were to be completed in conjunction with its development of the Dollar Ranch. See paragraphs 2(b) Board of Directors Page Three August 29, 1986 and 6(a). Because the connection fees and other costs set forth in the agreement ultimately impacted upon the entire Rossmoor community, the Golden Rain Foundation of Walnut Creek and all the Mutual Corporations were expressly made third party beneficiaries of the District's Agreement with Rossmoor. See paragraph lO(a)(iii). In 1965, the District and Rossmoor executed a "Supplemental Agreement Establishing the Time at Which Connection Rates Shall be Determined." This Supplemental Agreement clarified the intention of the parties under the 1963 Agreement concerning whether connection rates for future Rossmoor dwelling units were subject to change. The parties provided as follows: "The connections charges provided for in the agreement between the District and Rossmoor of September 5, 1963, referred to herein, shall be computed on the basis of the rate schedule for connection charges in effect at the time of the execution of said agree- ment, namely September 5, 1963, and any changes in said rate schedule subsequent to that time shall have no effect on the amount of the connection charges made pursuant to the agreement of September 5, 1963." The purpose of the 1963 Agreement and 1965 Supplemental Agreement, which were both drafted by the District, was to establish the development requirements and costs for sewage services for the planned 10,000 to 12,000 Rossmoor dwelling units. Board of Directors Page Four August 29, 1986 In 1980, the District affirmed the Rossmoor Agreement in a Contra Costa Superior Court Action involving the District and Terra California (Higby vs. Terra California, Central Contra Costa Sanitary District et al., and Central Contra Costa Sanitary District vs. Terra California et ale (No. 210228). We realize that the District's costs have increased since the Agreement was entered into, but a bargain was struck between the District and Rossmoor to annex the Dollar Ranch into the District and to have Rossmoor construct the major sewage facilities to enable Rossmoor to pin down its sewage costs for the dwelling units over the development period. Utility districts have much the same situation when they are faced with a need to pin down their supply costs, such as for oil and gas. Sometimes, the shoe is on the other foot. You may recall several years ago, the situation involving a number of utilities who had entered into long-term supply contracts with Westinghouse Electric Corporation for uranium to be used for their power plants. The price of uranium sky- rocketed in the 1970's, and Westinghouse found itself unable to supply the uranium at the prices fixed by the agreements without disastrous economic consequences. Accordingly, it failed to fulfill the agreements. In spite of the extraordinary and unexpected price increases, the agreements were upheld and Board of Directors Page Five August 29, 1986 Westinghouse was obliged to pay hundreds of millions of dollars to the utility companies and to deliver uranium at favorable prices. Our situation is more similar to a 1980 case (Robinson v. Nevada Irrigation District, (1980) 101 CA3d 760) which involved a water District that had entered into an agreement in 1918 to supply water from a certain water source to a user at $6 per acre. In 1972, 54 years later, the District refused to supply the water at the $6 per acre rates and instead supplied it at $30, its then current water rate for other users in the District. In upholding the requirements of the 1918 agreement, the District Court of Appeals stated: "It will no doubt be felt by some (certainly including the District) that the result of this case is inequitable. The short answer is that we are dealing with the solemn and formal obligations of contract law. The contract involved in this case is an excellent illustration of the economic and legal hazards of binding oneself, and especially one's heirs and assigns, to a long-term binding agreement involving the delivery of goods or services without inserting provisions for adjustments due to inflationary or deflationary economic cycles." Page 773. The connection fees for Rossmoor units 5000-5999, using the formula set forth in the Agreement, and the then existing occupancy ratio of 1.49 occupants per unit,is $38.31 per unit. See attached letter of David B. Wood. As of August 4, 1986 there were 5,598 occupied units with 7,862 occupants, for an occupancy ratio of 1.40. Based upon this trend, it is antici- pated that the connection fees for units 6000-6999 will be Board of Directors Page Six August 29, 1986 $32-33 per dwelling unit. The approximate 1000% increase proposed by the District would have a substantial impact on the development of the Rossmoor community. Under the California Environmental Quality Act and case law, an environmental impact report is required to address the potential adverse effects of the proposed fee increase upon the construction and sale of affordable housing, in particular the regional housing needs of the elderly (Rossmoor is the major retirement community in the Bay Area), and the substantial public controversy involving the 7,862 residents of the Rossmoor community. Although I represent the developer of Rossmoor, I am also representing the interests of the Rossmoor community, the Golden Rain Foundation of Walnut Creek, and the Mutual Corpo- rations, who were specifically made third party beneficiaries under the Rossmoor Agreement because of their substantial interest. The Rossmoor residents are solely dependent upon the sales of new units: (1) To retire the multi-million debt for existing community facilities; (2) To provide funds for the necessary additional com- munity facilities; Board of Directors Page Seven August 29, 1986 (3) To increase the resident base to share the substantial fixed costs of operating the community. Subjecting Rossmoor to an approximate 1000% increase in connection fees would have a substantial adverse effect upon the sales of new units in Rossmoor and, therefore, the pocketbooks of the 7,862 Rossmoor residents. In such event, we would be obliged to seek the enforcement of the District's Agreement with the Rossmoor community along with the Golden Rain Foundation of Walnut creek, under the joint defense provisions of a 1973 Agreement between Terra California and Golden Rain Foundation of Walnut Creek, which provides for the initiation and maintenance of appropriate legal action, with both the developer and Golden Rain Foundation of Walnut Creek as parties, whenever any action of a governmental authority or utility company adversely effects the planned development of Rossmoor. We believe that it would not be in the interests of either the District or UDC to become embroiled in a prolonged battle between the District and the Rossmoor community. The District has consistently regarded the Rossmoor development as unique because of its planning and scope and, on behalf of the Rossmooor developer, the Golden Rain Foundation of Walnut Creek, the Walnut Creek Mutual Corporations and Board of Directors Page Eight August 29, 1986 the 7,862 Rossmoor residents, we urge the Board to stand by the Agreement it made with the Rossmoor community. Very truly yours, AMB/js cc: Roger Dolan James Kelly James Hazard, Esq. 1_, CI l' p ~ --,--)-) ,-" ) . t 1 1. a · (1. 1.1. C) I YJ 1 El s",....OMC... ~ Building America's Finest Adult Communities October 30, 1980 Central Contra Costa Sanitary District P.O. Box 5266 Walnut Creek, CA 94596 Re: CCCSD Agreement for Rossmoor, Walnut Creek Gentlem(~n : This is to confirm the prior convers~tions between our attorneys advising the District that the actual average tenancy ratio of the Rossmoor, Walnut Creek project ("Dollar Ranch"), commencing with unit number 5000 is 1.49. In accordance with the provisions of paragraph 7(b) of the Agreement for the project, any and all charges relating to the addition or connection of a Rossmoor unit to the District's sewage system, excluding the inspection and per acre annexa- tion charges provided by the Agreement, should be computed as follows: $90 $38.31 3 . 5 - 1 .49 $38.31 = connection charge We would ask that you notify your billing department of the proper charges immediately to expedite the processing for the addition of new units in the project. In addition, we would appreciate your responding to our request for a rebate of the prior excess charges the District made in connection with the development of the Rossmoor, Walnut Creek project. Sincerely, TEpF~1 tz;.d B. Wood President DBW: la cc: Allan Berland, Esq.~ Please respond to: o P.O. BOX 2220, WALNUT CREEK, CALIF, 94595 (415) 932.3900 02500 VILLAGES PARKWAY, SAN JOSE, CALIF. 95135 (408) 274-2871 Golden Rain Foundation RO~A~ID~gr .1>' .t:t r;': '1":'7 :, ,"'~. _.::~~' ~'Cj:: AUG 2 s 1986 ClX.:,1J ~!:'/';~:i:ii;IW OF THE c;:;;I':T Augus t 29, 1986 Board of Directors Contra Costa County Central Sanitary District 5019 Imhoff Place Martinez, California 94553-4392 Mr. President and Members of the Board: We have been advised that the District has proposed a substantial increase in the fixture fee charged for new homes in Rossmoor. We believe that this level of increase, approximately five times those fees now paid, is unwarranted, and potentially will have an impact on the sales rate of new homes. Rossmoor's 7,800 residents rely on funds from new home sales to 1.) retire a several million dollar debt on existing community facilities, 2.) provide funds for essential new facilities, and 3.) increase the resident base that shares fixed operating costs. We must be assured that our responsibility to Rossmoor's residents will not be imperiled by the fee increase. We support the position of UDC Homes, and believe the provisions of the 1963 Agreement between the District and Rossmoor Corporation are enforce- able. The Golden Rain Foundation would be obligated, under joint defense provisions outlined in an existing agreement between the Foundation and UDC, to support any legal action on this issue. We hope no such action will be necessary. We recommend that the Board defer action on the increase in the Rossmoor fixture fees. We recommend that the Board establish a six-month period in which the District and UDC Homes negotiate a permanent solution to the long- standing impasse on fees. We would support the negotiation of a new agree- ment if it protected Rossmoor's interests and provided an agreed fee structure for the approximately 1,200 units that remain to be built. In the interim, we believe strongly that the existing fee structure should remain in place. Since it is our understanding that only one project, the 72-unit Mutual 53, will need permits in that period, we believe that to be a fair request. RRM:ea cc: General Manager Bell, Rosenberg and Hughes UDC Homes Limited Partnership P.O. BOX 2070, DOLLAR RANCH STATION, WALNUT CREEK, CALIFORNIA 94595 - 415 - 939-1211 EXCERPTS FROM THE AUGUST 21,1986 POSITION PAPER CONCERNING ROSSMOOR DEVELOPMENT ARE ATTACHED 9. At this time. no change is being recommended in the septage disposal fees. As part of the currAnt work to revise septage disposal procedures. new fees will be developed. Recommendations are anticipated in October. 10. New residential living units within the Rossmoor development have been paying a reduced fixture fee based upon a lower than District-wide occupancy rate and fixture fees established in 1965. It is proposed to raise these fees by basing them on the current District-wide fixture fees and current occupancy rates. A-2 Act t'i. i tv -- --- Current 1985-1986 FeeL___ Recommended 1986-1987 ~.e~ ( H) UXTURE FEES FOR R9-.S..S.~OR (1+-1> living Units* - 1 Bath Unit - 2 Bath Unit - 2-1/2 Bath Unit $66.34 $88.43 $99.49 $281.25 $375.00 $412.50 *Assumes kitchen and laundry facilities A-6 PART VIII ROSSMOOR FIXTURE FEES (1) A. DEFINITION A fixture fee is the ilIIOunt that a new user of the District's sewerage facilities must pay for the privilege of using the available treatment and disposal facilities owned an operated by the District. The amount charged represents a prorated share of the average cost of the capacity replacement. Plumbing fixtures are used to detennine their fee because each fixture represents a potential flow and load on the sewerage facilities. B. DISCUSSION District-wide fixture fees were last revised in 1974, prior to the startup of the Stage 5A project. Fixture fees IlUst be based on future Plant expansion costs. A prel i.inary analysis of current fixture fee revenue and the cost of the future Stage 6 expansion i nd i cates a 451 fee increase would be requ i red to recover the cost of the expansion (see calculation below). Stage 6 U5 to) expansion) = 143,450,000 if Cost per gallon per day = 143,450,000/15,000,000 gal./day = $2.90 Typical single f~11y residence contributes 225 gal/day Fixture fee required = $2.90 per gal/day x 225 gal/day = $652.50 Current Fixture fee for 2 bath units = 1450.00 Fee increase required = $652.50 - 1450.00 (100) = 451 1450.00 if Does not include any outfall work Further analysis of District-wide fixture fees is beyond the scope of this rates and charges study but will be included in a forthcoming analysis. The scope of this part is to adjust RosSllOOr's fixture fees to current District-wide fees (prorated based on occupancy factors). New residential living units within the Rossmoor development have been paying a reduced fixture fee based on lower than District-wide occupancy rates and fixture fees first established in a 1963 contract. It is proposed to raise these fees by basing them on the current District-wide fixture fees and current occupancy rates. (1) Bold face type indicates revision to August 4, 1986, report of 1986-87 Rates and Charges. C-23 B. RECOMMENDATION The following fixture fees are recommended for Rossmoor. TABLE 9 ROSSKlOR FIXTURE FEES Current Recomend. Current Occupancy Di stri ct-Wi de Rossmoor Rossmoor - - - Factor* Fee Fee F.e.e Fixtures Kitchen 1.5/1.8 x $112.50 = $ 93.75 $21.62 Toil ets 1.5/1.8 x $ 22.50 = $ 18.75 $ 5.53 Lavatories 1.5/1.8 x $ 22.50 = $ 18.75 $ 5.53 Bathtubs & Showers 1.5/1.8 x $ 67.50 = $ 56 .25 $" . 03 Laundry Out1 ets 1.5/1.8 x $112.50 = $ 93.75 $22.63 Wet Bar, laundry Tray 1.5/1.8 x $ 22.50 = $ 18.75 $ 3.69 livi ng Unit** 1 Bath Unit 1.5/1.8 x $337.50 = $281.25 $66.34 2 Bath Unit 1.5/1.8 x $450.00 = $375.00 $88.43 2-1/2 Bath Unit 1.5/1.8 x $495.00 = $412.50 $99.49 * Current Rossmoor occupancy/Di stri ct-w ide occupancy for similar living units ** Assumes kitchen and laundry facilities C-24 . Centrb. Contra Costa Sanitar) District BOARD OF DIRECTORS PAGE 1 OF 2 POSITION PAPER BOARD MEETING OF October 16, 1986 NO. VII 1. BUDGET AND FINANCE 2 SUBJECT RECEIVE THE DISTRICT'S AUDIT REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 1986 DATE October 8, 1986 TYPE OF ACTION RECEIVE AUDIT REPORT SUBMITTED BY INITIATING DEPT./DIV. Walter Funasaki, Finance Officer Administrative/Finance and Accounting ISSUE: The District's audited financial statements and auditors' opinion thereon, and management letter report, are being submitted to the Board of Directors. BACKGROUND: Hood and Strong, Certi fied Publ ic Accountants, have comp1 eted thei r examination of the District's financial statements for the fiscal year ended June 30, 1986, and prepared their auditors' opinion thereon. The additional management letter report which provides recommendations, if any, to improve the system of internal accounti ng control s based on observati ons during the examinati on of the financi al statements is submitted as Attachment 1. The financi a1 statements and accompanying auditors' opinion were submitted in draft form to the Board's Budget and Finance Committee for review. All state and local governments receiving federal financial assistance of $100,000 or more annually became subject to the requirements of the Single Audit Act of 1984 for fiscal years beginning after December 31, 1984. Accordingly, the District's Clean Water Grant projects for which grant proceeds received in the fiscal year ended June 30, 1986 exceeded $100,000 were subject to the Act's requirements. The Act requires recipients of federal assistance to arrange for annual independent audits to inc1 ude an audit of the financial statements, and a compliance audit to determine compliance with funding program requirements. Federal agencies are required to rely upon the audits, and any additional audit work considered necessary by any agency is to build upon the work previously completed. In addition to the customary examination of the District's financial statements, Hood and Strong's scope of audit was expanded to include the requirements of the Single Audit Act. Consequently, a separate single audit report will be submitted at the November 6, 1986 Board Meeting. The Board has followed the practice of rotating the District's auditors after three or four years. With the completion of the 1985-1986 audit, Hood and Strong will have been the District's auditors for four years. However, in order that the District may receive continued benefit of Hood and Strong's extensive process of fami1 iarization with the unique requirements of the Single Audit Act as they relate to the District's 5B Project, which will extend into the next fiscal year, it is recommended that Hood and Strong continue as the District's auditors for at least an additional year. RECOMMENDATION: Receive the audited financial statements, accompanying auditors' opinion, and the management letter report, for the fiscal year ended June 30, 1986, and affirm that Hood and Strong is to continue as auditors for at least an additional ea r. REVIEWED AND RECOMMENDED FOR BOARD ACTION INITIATING DEPT./DIV. gr~--4./. 1302.....9/85 WF PM Attachment I Hood and Strong certified public accountants Telephone (415) 781-0793 101 California Street. Suite 1500 . San Francisco, CA 94111 October 10, 1986 Board of Directors Central Contra Costa Sanitary District In connection with our examination of the financial statements of the Central Contra Costa Sanitary District for the year ended June 30, 1986, we have made a study and evaluation of the District's system of internal accounting control to the extent we considered necessary to determine the nature, timing, and extent of our auditing procedures. Since such a study and evaluation would not necessarily disclose all material weaknesses, we do not express an opinion on the District's system of internal accounting control. However, our study and evaluation disclosed no condition that we believe is a material weakness in internal accounting control. Over the last few years we have had the opportunity to observe many aspects of the District's operations. We would like to commend the Board of Directors and management of the District for their concern with management and administrative controls. The importance placed on the controls is apparent throughout the organization. In addition to the emphasis on controls, we have been impressed by the District's general approach to new projects, policies, etc. New projects are well-planned and documented. Outside consultants are used in their respective area of expertise to give advice. Projects or policies are not implemented without this planning process which, in turn, enhances the control environment. The result of the above is a District which operates in an efficient and effective manner. Again, we would like to commend the District on their operation. We would also like to extend our appreciation to Walter Funasaki, Steve Elsberry and the accounting staff for their assistance during the audit. ~~ Associated Worldwide with Dearden Farrow International . Centrl... Contra Costa Sanitar) District BOARD OF DIRECTORS PAGE 1 OF 3 POSITION PAPER BOARD MEETI~g€bber 16, 1986 sU~~9HORIZE EXECUTION OF A LEASE AGREEMENT WITH THE AMERICAN CANCER SOCIETY TO LEASE THE UPPER PORTION OF THE WALNUT CREEK OFFICE FACILITY, AND AUTHORIZE $13,000 FROM SEWER CONSTRUCTION FUNDS FOR THE INITIAL REMODELING COSTS WP 20047) NO. IX. REAL PROPERTY 1 DAO~tober 9, 1986 TY'Ailt'h~1,Tt~~ Lease Authorize Funds SUBMITTED BY Paul Morsen, Deputy General Manager INITIATING DEPT./DIV. Administrative Department ISSUE: Board approval is required to lease certain real property in accordance with District Ordinance No. 154. BACKGROUND: The District's Property Team has been actively invol ved in attempting to lease the upper portion of the Walnut Creek office facility since December 1985. Grubb & Ellis Company, the real estate brokerage firm hired by the District to find an acceptable tenant, proposed the American Cancer Society, Contra Costa County Unit of the California Division, Inc. (ACS). The District Property Team and ACS have reached agreement on both the lease terms and constructi on modificati ons to the facil ity to meet ACS's requi rements. Costs for tenant-requested improvements were part of the negoti ati ons and have been factored into the lease rate. ACS will pay $1.15 per square foot for approximately 4,700 square feet of lease space per month ($5,405/month) for a minimum of five (5) years ($324,300), with an option for an additional five (5) years. The estimated pay back period to the District for all project costs will be approximately two years. ACS has other lease obl igations until April 1, 1987; therefore, the five year term of the lease shall run from April 1, 1987, through March 31, 1992. The agreement has been reviewed by District Counsel. ACS has signed the agreement and District staff will execute the agreement upon receiving Board approval. Upon execution of the lease agreement, the District is required to pay Grubb & Ellis Company a fee of 25% of the first year's base lease amount, which is $16,215. The fee will be paid in two payments - half when the lease is executed and the balance when the tenant moves. The fee will be recorded as an offset against the lease rental revenue received from ACS. An architect and a heating, ventilating, and air conditioning (HVAC)/electrical consultant have been hired under a General Manager-Chief Engineer authorization to perform design services for the remodel ing work which is requi red to accompl ish tenant-requested improvements, and to compl ete the necessary HVAC and el ectrical work identified in the design phase of the original Collection System Operations Department remodel ing project. The required HVAC and electrical work, which was then identified, was postponed until a prospective tenant's modifications could be inCluded in the scope of work, thus allowing both design and remodeling work to be performed only once. SUBJECT AUTHORIZE EXECUTION OF A LEASE AGREEMENT WITH THE AMERICAN CANCER SOCIETY TO LEASE THE UPPER PORTION OF THE WALNUT CREEK OFFICE FACILITY, AND AUTHORIZE $13,000 FROM SEWER CONSTRUCTION FUNDS FOR INITIAL REMODELING COSTS <DP 20047> POSITION PAPER PAGE 2 OF DATE ~ October 9, 1986 The major improvements requested by tenant include interior repainting, carpeting, removal of map cabinets, and separating one large room into two offices. The HVAC and electrical modifications to the office building are necessary to increase electrical service from 300 amps to 500 amps, to install HVAC duct work for air balancing in both upper and lower portions of the building, and to install District-owned HVAC (pre-purchased) units on the roof. The actual construction work will be publicly advertised for bid and staff will request funding of the construction project at a future Board meeting. The prelim- inary cost estimate for all proj ect work desi gn, constructi on, force account, and contingency is $120,000. The prel iminary design phase portion is estimated at $23,000, including District force account work and General Manager-Chief Engineer authorization. At this time, we are requesting $13,000 from the Sewer Construction Fund. A breakdown of costs for preliminary design is included in Attachment I. This project is exempt from CECA per local guideline 18.2 (State Guideline Section 15301> . RECOMMENDATION: Authorize the Deputy General Manager to execute the lease with the American Cancer Society for the upper portion of the Walnut Creek office facility; and authorize $13,000 from the Sewer Construction Fund for the initial phase of the remodel project. --------- 13028-9/85 Page 3 of 3 ATTACHMENT I WALtiJT CREEK REMODELING LEASE PROPERTY <DP 20047) COST SUMMARY FOR PRELIMINARY DESIGN Haviland Associates Architects $ 6,000 Lars Fagarstrom (HVAC/Electrical) 12,000 Force Account 5,000 TOTAL $23,000 Less GM-CE Authorization <10,000> FUNDS REQUESTED $13,000