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HomeMy WebLinkAbout02-03-00 AGENDA BACKUPCentral Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: February 3, 2000 No-: 4. a. CONSENT CALENDAR Type of Action: ACCEPT CONTRACT /AUTHORIZE NOTICE OF COMPLETION Subject: ACCEPT CONTRACT WORK FOR THE SOLIDS CONDITIONING BUILDING CONTROL ROOM MODIFICATIONS PROJECT, DISTRICT PROJECT 6114A, AND AUTHORIZE THE FILING OF THE NOTICE OF COMPLETION Submitted By: Initiating Dept. /Div.: James L. Belcher, Senior Engineer Plant Operations Department /Maintenance RE EWE ND RECOMMENDED FOR BOARD ACTION: J. Belcher J. Kelly C arles . att General ManaV ISSUE: Construction has been completed on the Solids Conditioning Building Control Room Modifications Project, DP 6114A, and the work is now ready for acceptance. RECOMMENDATION: Accept contract work. FINANCIAL IMPACTS: None related to this action. ALTERNATIVES /CONSIDERATIONS: Not applicable. Filing the Notice of Completion is advisable under the California Civil Code, Section 3093. BACKGROUND: This project modified the Solids Conditioning Building (SCB) Control Room so the treatment plant can be entirely operated from the SCB Control Room. This will allow the Plant Operations Department (POD) Control Room to be unattended during off - shift hours, providing more staff flexibility and opportunities to improve the District's effectiveness, without changing plant operation reliability. The Board of Directors authorized the award of a construction contract for this work in the amount of $168,440 to N.E. Carlson Construction on September 2, 1999. The contractor was issued a Notice to Proceed, which was effective September 13, 1999, with a required contract completion date of December 28, 1999. The District took beneficial use on December 17, 1999, with all work being completed on December 28, 1999. It is appropriate to accept the contract work at this time. The total authorized budget for this project is $264,000. An accounting of this project will be provided to the Board of Directors at close out. 1/26/00 S:1CorrespondenceTOSPA PR120001DP6114A.pp.wpd Page 1 of 3 POSITION PAPER Board Meeting Date: November 18, 1999 Subject: ACCEPT CONTRACT WORK FOR THE SOLIDS CONDITIONING BUILDING CONTROL ROOM MODIFICATIONS PROJECT, DISTRICT PROJECT 6114A, AND AUTHORIZE THE FILING OF THE NOTICE OF COMPLETION RECOMMENDATION BOARD ACTION: Accept contract work for the Solids Conditioning Building Control Room Modifications Project, DP 6114A, by N.E. Carlson Construction, and authorize the filing of the Notice of Completion. 1/25/00 S:\ Correspondence \POSPAPR \2000 \DP6114A.pp.wpd Page 2 of 3 .o Y O MAI N GATE O` o� 0 rr O /r O /r rr /r /r i rl l PROJECT SITE lir ill r %rr >� e / r x Central Contra costa SOLIDS CONDITIONING BUILDING Attachment 0 Sanitary District CONTROL ROOM MODIFICATION ' District Project 6114A Project Location T Page 3 of 3 Central Contra Costa Sanitary District r BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: February 3, 2000 No.: 4.b. CONSENT CALENDAR Type of Action: ACCEPT CONTRACT /AUTHORIZE NOTICE OF COMPLETION subject: ACCEPT CONTRACT WORK FOR THE TREATMENT PLANT DOWNLIGHT FIXTURE RETROFIT PROJECT, DISTRICT PROJECT 6147, AND AUTHORIZE THE FILING OF THE NOTICE OF COMPLETION Submitted By: Initiating Dept. /Div.: James L. Belcher, Senior Engineer Plant Operations Department /Maintenance RECOMMENDED FOR BOARD ACTION. �0_ el 4",- J. Belcher r J. Kelly C"Watts, ISSUE: Construction has been completed on the Treatment Plant Downlight Fixture Retrofit Project, DP 6147, and the work is now ready for acceptance. RECOMMENDATION: Accept contract work. FINANCIAL IMPACTS: None related to this action. ALTERNATIVES /CONSIDERATIONS: Not applicable. Filing the Notice of Completion is advisable under the California Civil Code, Section 3093. BACKGROUND: Early last year, the Treatment Plant Light Fixture Retrofit Project, DP 6136, was completed. During the post audit of that project, it was determined that the downlights could be retrofitted, creating a savings in both reduced energy costs and deferred maintenance while providing improved lighting. After reviewing the project feasibility and cost savings, staff recommended completing this project as part of the Success Sharing Program. The Board of Directors authorized the award of a construction contract for this work in the amount of $26,143.25 to Vista Universal, Incorporated, on October 7, 1999. The contractor was issued a Notice to Proceed, which was effective November 1, 1999, with a required contract completion date of December 28, 1999. The District took beneficial use on December 20, 1999, with all work being completed on December 27, 1999. It is appropriate to accept the contract work at this time. The total authorized budget for this project is $42,000. An accounting of this project will be provided to the Board of Directors at close out. S: \Correspondence \POSPAPR \2000 \DP6147.pp.wpd Page 1 of 3 POSITION PAPER Board Meeting Date: November 18, 1999 Subject: ACCEPT CONTRACT WORK FOR THE TREATMENT PLANT DOWNLIGHT FIXTURE RETROFIT PROJECT, DISTRICT PROJECT 6147, AND AUTHORIZE THE FILING OF THE NOTICE OF COMPLETION RECOMMENDATION BOARD ACTION: Accept contract work for the Treatment Plant Downlight Fixture Retrofit Project, DP 6147, by Vista Universal, Incorporated, and authorize the filing of the Notice of Completion. S:\ Correspondence \POSPAPR \2000 \DP6147.pp.wpd Page 2 of 3 g N � L4 N 4 (p Z y Io o� s MAIN GATE o� o� T o -o Central Contra Costa Sanitary District R as F C 0 PROJECT / i Ali SITES TREATMENT PLANT DOWNLIGHT RETROFIT District Project 6147 Project Location Page 3 of 3 Attachment E Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: February 3, 2000 No.: 5.a. HEARINGS Type of Action: CONDUCT PUBLIC HEARING; ADOPT RESOLUTIONS; AUTHORIZE AGREEMENT Subject: CONDUCT A PUBLIC HEARING; ADOPT A RESOLUTION OVERRULING PROTESTS; ADOPT A RESOLUTION CONFIRMING COMPLIANCE WITH CALIFORNIA CONSTITUTION, ARTICLE XIIID, SECTION 4; ADOPT A RESOLUTION APPROVING ENGINEER'S REPORT AND ASSESSMENT AND ORDERING IMPROVEMENT; AND AUTHORIZE EXECUTION OF AGREEMENT WITH HAVEN LANE PARCEL OWNERS IN CONJUNCTION WITH THE HAVEN LANE CONTRACTUAL ASSESSMENT DISTRICT NO. 98 -3, DISTRICT PROJECT NO. 5406 Submitted By: Initiating Dept. /Div.: Curtis Swanson, Division Manager Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: 2� C. Sw nson General M ISSUE: A public hearing must be conducted to consider objections and inquiries regarding the proposed assessment, the Resolution of Intention, the Engineer's Report, and any other comments from the public, including the affected parcel owners, relating to the proposed Haven Lane Contractual Assessment District No. 98 -3 (C.A.D. No. 98 -3). RECOMMENDATION: Conduct a public hearing. Adopt resolutions and authorize an agreement to implement Haven Lane CAD No. 98 -3. FINANCIAL IMPACTS: The estimated total project cost is $82,505. Funding for this C.A.D. is included in the 1999 -00 Capital Improvement Budget (CIB) on page CS -62. The District will be reimbursed for this project cost over a 10 year assessment period. ALTERNATIVES /CONSIDERATIONS 1. Continue this item to receive additional public comment or allow additional deliberation. 2. Withhold or delay approval of the project. BACKGROUND: A group of eleven parcel owners on Haven Lane in Walnut Creek have requested that the District form an assessment district for the purpose of financing and constructing a public sewer system that will benefit their properties. The proposed sewer includes approximately 505 linear feet of 8 -inch sewer main and two manholes that will 1/27/00 U: \CAD \Haven Lane \PubHear.PP.wpd Page 1 of 11 POSITION PAPER Board Meeting Date: February 3, 2000 Subject: CONDUCT A PUBLIC HEARING; ADOPT A RESOLUTION OVERRULING PROTESTS; ADOPT A RESOLUTION CONFIRMING COMPLIANCE WITH CALIFORNIA CONSTITUTION, ARTICLE XIIID, SECTION 4; ADOPT A RESOLUTION APPROVING ENGINEER'S REPORT AND ASSESSMENT AND ORDERING IMPROVEMENT; AND AUTHORIZE EXECUTION OF AGREEMENT WITH HAVEN LANE PARCEL OWNERS IN CONJUNCTION WITH THE HAVEN LANE CONTRACTUAL ASSESSMENT DISTRICT NO. 98 -3, DISTRICT PROJECT NO. 5406 serve the proponents' eleven existing properties, all of which have existing homes presently relying on septic tanks. A map showing the proposed boundary and the proposed sewer location is attached as Exhibit A. On September 3, 1998, the Board of Directors adopted a resolution directing the preparation of a report for a known as Haven Lane C.A.D. No. 98 -3. A report has been prepared, and assessments have been estimated. (The Engineer's Report is being provided to the Board under separate cover.) On December 16, 1999, the Board of Directors set a public hearing for February 3, 2000. Since assessments are proposed to be levied on properties, the procedural requirements of Proposition 218 do apply. Compliance with these requirements has been included in the documents and actions proposed for Board consideration. In order to continue the process for Haven Lane C.A.D. No. 98 -3 the following actions are necessary: 1. Conduct a public hearing to: a. announce the tabulation of ballots submitted by owners of each affected parcel indicating approval or opposition to the proposed assessment. b. consider public testimony on the Resolution of Intention and the Engineer's Report. 2. If, at the close of the hearing, the Board finds that protests and ballot opposition are insufficient, the following resolutions may be considered and adopted: a. Resolution overruling protests of improvement (Exhibit B) b. Resolution confirming compliance with California Constitution, Article XIIID, Section 4 (Exhibit C). 1/27/00 U: \CAD \Haven Lane \PubHear.PP.wpd Page 2 of 11 POSITION PAPER Board Meeting Date: February 3, 2000 Subject: CONDUCT A PUBLIC HEARING; ADOPT A RESOLUTION OVERRULING PROTESTS; ADOPT A RESOLUTION CONFIRMING COMPLIANCE WITH CALIFORNIA CONSTITUTION, ARTICLE XIIID, SECTION 4; ADOPT A RESOLUTION APPROVING ENGINEER'S REPORT AND ASSESSMENT AND ORDERING IMPROVEMENT; AND AUTHORIZE EXECUTION OF AGREEMENT WITH HAVEN LANE PARCEL OWNERS IN CONJUNCTION WITH THE HAVEN LANE CONTRACTUAL ASSESSMENT DISTRICT NO. 98 -3, DISTRICT PROJECT NO. 5406 C. Resolution approving the Engineer's Report, assessments, and ordering improvement (Exhibit D). An agreement between the owners and the District is needed to establish the rights and obligations of both parties. District Counsel has prepared such an agreement in which the owners agree to: • assessments being placed on their property tax bills; • pay the assessments; • accept total responsibility for the design and construction of the sanitary sewer extension; • require the contractor who is selected by the owners to maintain certain insurance coverage; • accept total responsibility for the costs associated with the sanitary sewer extension, including interest for District financing; and • have the sanitary sewer extension constructed in accordance with District standards. The District will: • finance the costs of the sanitary sewer extension; • accept the work of the contractor, provided the work is done in accordance with District standards; • place assessments on owners' tax bills; • record as liens on the participants' properties the obligation of each participant to pay assessments; and • be reimbursed in full by receiving payments, including interest, for the total amount financed from owners over a ten -year period. The agreement has been executed by all eleven affected parcel owners. It is appropriate, therefore, to authorize the General Manager to execute the agreement on behalf of the District. 1/27/00 WCAD \Haven Lane \PubHear.PP.wpd Page 3 of 11 POSITION PAPER Board Meeting Date: February 3, 2000 subject: CONDUCT A PUBLIC HEARING; ADOPT A RESOLUTION OVERRULING PROTESTS; ADOPT A RESOLUTION CONFIRMING COMPLIANCE WITH CALIFORNIA CONSTITUTION, ARTICLE XIIID, SECTION 4; ADOPT A RESOLUTION APPROVING ENGINEER'S REPORT AND ASSESSMENT AND ORDERING IMPROVEMENT; AND AUTHORIZE EXECUTION OF AGREEMENT WITH HAVEN LANE PARCEL OWNERS IN CONJUNCTION WITH THE HAVEN LANE CONTRACTUAL ASSESSMENT DISTRICT NO. 98 -3, DISTRICT PROJECT NO. 5406 A summary of project costs is shown in Exhibit E. Staff has concluded that this project is exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines, Section 5.2(b)(3), since it can be seen with certainty that there is no possibility that the activity in question may have a significant adverse effect on the environment. This certainty is based on the District's past experience with numerous similar sewer construction projects, the developed nature of the project environment, and the limited service area of the project (no potential for growth inducement). Approval of the Engineer's Report will establish the Board of Directors' independent finding that this project is exempt from CEQA. RECOMMENDED BOARD ACTION: If a majority protest is not filed and if less than a majority of returned ballots from affected parcel owners oppose the assessment, staff recommends that the Board of Directors take the following actions: • Conduct public hearing. • Adopt a resolution overruling protests. • Adopt a resolution confirming compliance with California Constitution, Article XIIID, Section 4. • Adopt a resolution approving the Engineer's Report, assessments, and ordering improvement. • Authorize the General Manager to execute an agreement with the Haven Lane parcel owners. 1/27/00 U: \CAD \Haven Lane \PubHear.PP.wpd Page 4 of 11 .Y I I ll FELIMI NOOD -- li 2l /0 o I 20 II I o I I I Ln 01) N I N DR N N I I -- -- a 1IlI I1 I i I -- --T ----- - - - - -- � 80 LOCATIO N MAP 2670 LEGEND J p PARTICIPANT S FRANCES N WAY + NON- PARTICIP AN TS ? --- - EXISTING SEWER W PROPOSED So SEWER ......•.•. C.A.D BOUNDARY u v N x Central Contra Costa PLAN OF IMPROVEMENT Attachment a Sanitary District HAVEN LANE CONTRACTUAL ASSESSMENT DISTRICT A No. 98-3 Page 5 of 14 II I 3 I 20 2795 2797, 31 °° I 30 2/ z 2.1 I - - - - - -- __ - - -� 41 40 3/ i 30 ,-2763 - -2759 - -- 2755 I I I i I II I N I PROPOS BOUNUD Y 1 0 2731 O' �� () II Ln 1b 2728 �I 2722 I 1 2720 ° C°v L 272/ (I ------- - - -- - - - - -- Cn - -- - - - - -- � - - - - -- N ` - - - - - -- 2701 w N II = �I + o Aso \ 1 FEEr I CONTRA COSTA CANAL " �` / 2694 & i C\J `° 2697 II i 19 2695 I -- -- a 1IlI I1 I i I -- --T ----- - - - - -- � 80 LOCATIO N MAP 2670 LEGEND J p PARTICIPANT S FRANCES N WAY + NON- PARTICIP AN TS ? --- - EXISTING SEWER W PROPOSED So SEWER ......•.•. C.A.D BOUNDARY u v N x Central Contra Costa PLAN OF IMPROVEMENT Attachment a Sanitary District HAVEN LANE CONTRACTUAL ASSESSMENT DISTRICT A No. 98-3 Page 5 of 14 RESOLUTION NO. EXHIBIT B RESOLUTION OVERRULING PROTESTS HAVEN LANE CONTRACTUAL ASSESSMENT DISTRICT NO. 98 -3 The Board of Directors of the Central Contra Costa Sanitary District resolves: On February 3, 2000, the Board of Directors held a public hearing on the Resolution of Intention and the Engineer's Report on the proposed improvement in Haven Lane Contractual Assessment District No. 98 -3. At or before the time set for hearing, certain interested persons made or may have made protests or objections to the proposed improvement, the extent of the Contractual Assessment District, or the proposed assessment. The Board hereby overrules each of these protests, written or oral. The Board finds that the protest against the proposed improvement (including all written protests not withdrawn in writing before the conclusion of the protest hearing) is made by the owners of less than one half of the area of the land to be assessed for the improvement. PASSED AND ADOPTED this 3rd day of February, 2000, by the Board of Directors of the Central Contra Costa Sanitary District by the following votes: AYES: Members: NOES: Members: ABSENT: Members: Gerald R. Lucey President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: Joyce E. Murphy Secretary, Central Contra Costa Sanitary District, County of Contra Costa, State of California APPROVED AS TO FORM: Kenton L. Alm, District Counsel 1/27/00 U: \CAD \Haven Lane \PubHear.PP.wpd Page 6 of 11 RESOLUTION NO. *� � -- A RESOLUTION CONFIRMING COMPLIANCE WITH CALIFORNIA CONSTITUTION, ARTICLE XIIID, SECTION 4 HAVEN LANE CONTRACTUAL ASSESSMENT DISTRICT NO. 98 -3 The Board of Directors of the Central Contra Costa Sanitary District resolves: 1. The Board set 2 p.m. on February 3, 2000, at the Meeting Room of the Board of Directors, 5019 Imhoff Place, Martinez, California, as the time and place for a public hearing pursuant to California Constitution, Article XIIID, Section 4. 2. Pursuant to Article XIIID of the California Constitution, as amended by Proposition 218, commonly known as the "Right to Vote on Taxes Act," notice of the proposed assessment was provided to all owners of affected parcels within the District, which notice contained a ballot whereby each owner could indicate support or opposition to the proposed assessment. 3. At the time and place for which notice was given, the Board of Directors conducted public hearing, pursuant to California Constitution, Article XIIID, Section 4, and gave every person present an opportunity to comment on and object to the amount of the proposed assessment. 4. The Board finds that less than a majority of parcel owners who returned ballots, weighted by financial obligation, opposed the proposed assessment. PASSED AND ADOPTED this 3rd day of February, 2000, by the Board of Directors of the Central Contra Costa Sanitary District by the following votes: AYES: Members: NOES: Members: ABSENT: Members: Gerald R. Lucey President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: Joyce E. Murphy Secretary, Central Contra Costa Sanitary District, County of Contra Costa, State of California APPROVED AS TO FORM: Kenton L. Alm, District Counsel 1/27/00 U: \CAD \Haven Lane \PubHear.PP.wpd Page 7 of 11 EXHIBIT D RESOLUTION NO. RESOLUTION APPROVING ENGINEER'S REPORT AND ASSESSMENT AND ORDERING IMPROVEMENT HAVEN LANE CONTRACTUAL ASSESSMENT DISTRICT NO. 98 -3 The Board of Directors of the Central Contra Costa Sanitary District resolves: This Board has taken a series of actions preliminary to ordering the improvement in the Haven Lane Contractual Assessment District No. 98 -3, Central Contra Costa Sanitary District, Contra Costa County, California, and now makes the following findings and orders: 1. The Board adopted a map showing the boundaries of the land benefitted by the proposed improvement. A copy of the boundary map was filed in the office of the County Recorder of the County of Contra Costa in the Book of Maps of Assessment and Community Facilities Districts. 2. The Board adopted its Resolution of Intention to order the improvement described therein under the Municipal Improvement Act of 1911, and directed Curtis W. Swanson, Principal Engineer, as the Engineer of Work for the Assessment District, to prepare the report required by Section 5989.22 of the Streets and Highways Code. The improvement is generally described as follows: Construction and installation of approximately 588 linear feet of sanitary sewer line, together with appurtenant work and facilities located at Haven Lane in Walnut Creek, California. 3. The Board called a hearing of protests on the Haven Lane Contractual Assessment District No. 98 -3. Notice of the hearing was given by publication, by street posting, and by mailing to affected parcel owners, all according to the Municipal Improvement Act of 1911. Affidavits of publication, posting, and mailing were filed with the Secretary of the District. 4. At the time and place for which notice was given, the Board of Directors conducted a public hearing pursuant to Section 5898.26 of the Streets and Highways Code, which included a summary of the Engineer's Report and gave every person present an opportunity to comment on and object to the proposed Contractual Assessment Program improvement and the extent of the Assessment District. 5. The Board further finds that written protests against the proposed improvement have not been made by owners representing more than one half of the area of the land to be assessed for the improvement. 1/27/00 UACAD \Haven Lane \PubHear.PP.wpd Page 8 of 11 6. The documents and events described in paragraphs 1 to 4, inclusive, are stated here in tabular form, with their dates and, where appropriate, their numbers. All documents are now on file with the District except as otherwise noted. 7. The Board approves the Engineer's Report and each component part of it, including each exhibit incorporated by reference in the report. 8. The Board finds that the Engineer of Work, in the Engineer's Report has fairly and properly apportioned the cost of the improvement to each parcel of land in the Assessment District in compliance with the agreement between the owners and in proportion to the special benefits derived by each parcel, in relationship to the entirety of the capital cost of the improvement. The Board hereby confirms and levies each individual assessment as stated in the Engineer's Report. 9. This Board orders the improvement described in paragraph 2 and as detailed in the Engineer's Report. 10. According to Section 10603 of the Streets and Highways Code, the Board designates the District Controller to collect and receive payment of the assessments. 11. The Board independently finds that this project is exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines, Section 5.2(b)(3), since it can be seen with certainty that there is no possibility that the activity in question may have a significant adverse effect on the environment. This certainty is based on the District's past experience with numerous similar sewer construction projects, the developed nature of the project environment, and the limited service area of the project (no potential for growth inducement). 1/27/00 U: \CAD \Haven Lane \PubHear.PP.wpd Page 9 of 11 Number Document or Event Date or Action a. Resolution of Intention 09/03/98 98 -105 b. Resolution Approving Boundary Map 09/03/98 98 -106 c. Boundary Map Filed with County Recorder 09/03/98 Filed d. Certificate of Mailing Notice of Improvement Dated e. Certificate of Posting Notice of Improvement Dated f. Affidavit of Publication of Notice of Improvement Dated 7. The Board approves the Engineer's Report and each component part of it, including each exhibit incorporated by reference in the report. 8. The Board finds that the Engineer of Work, in the Engineer's Report has fairly and properly apportioned the cost of the improvement to each parcel of land in the Assessment District in compliance with the agreement between the owners and in proportion to the special benefits derived by each parcel, in relationship to the entirety of the capital cost of the improvement. The Board hereby confirms and levies each individual assessment as stated in the Engineer's Report. 9. This Board orders the improvement described in paragraph 2 and as detailed in the Engineer's Report. 10. According to Section 10603 of the Streets and Highways Code, the Board designates the District Controller to collect and receive payment of the assessments. 11. The Board independently finds that this project is exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines, Section 5.2(b)(3), since it can be seen with certainty that there is no possibility that the activity in question may have a significant adverse effect on the environment. This certainty is based on the District's past experience with numerous similar sewer construction projects, the developed nature of the project environment, and the limited service area of the project (no potential for growth inducement). 1/27/00 U: \CAD \Haven Lane \PubHear.PP.wpd Page 9 of 11 PASSED AND ADOPTED this 3rd day of February, 2000, by the Board of Directors of the Central Contra Costa Sanitary District by the following votes: AYES: Members: NOES: Members: ABSENT: Members: Gerald R. Lucey President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: Joyce E. Murphy Secretary, Central Contra Costa Sanitary District, County of Contra Costa, State of California APPROVED AS TO FORM: Kenton L. Alm, District Counsel 1/27/00 U: \CAD \Haven Lane \PubHear.PP.wpd Page 10 of 11 EXHIBIT E SUMMARY OF PROJECT COSTS HAVEN LANE CAD NO. 98 -3 Construction $60,900 Construction Contingency 9,100 Engineering 8,000 District Services 4,505 TOTAL 82 505 1/27/00 U: \CAD \Haven Lane \PubHear.PP.wpd Page 11 of 11 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: February 3, 2000 No.: 5.b. HEARINGS Type of Action: CONDUCT PUBLIC HEARING; ADOPT RESOLUTIONS; AUTHORIZE AGREEMENT Subject: CONDUCT A PUBLIC HEARING; ADOPT A RESOLUTION OVERRULING PROTESTS; ADOPT A RESOLUTION CONFIRMING COMPLIANCE WITH CALIFORNIA CONSTITUTION, ARTICLE XIIID, SECTION 4; ADOPT A RESOLUTION APPROVING ENGINEER'S REPORT AND ASSESSMENT AND ORDERING IMPROVEMENT; AND AUTHORIZE EXECUTION OF AGREEMENT WITH FOREST LANE PARCEL OWNERS IN CONJUNCTION WITH THE FOREST LANE CONTRACTUAL ASSESSMENT DISTRICT NO. 99 -1, DISTRICT PROJECT NO. 5406 Submitted By: Initiating Dept /Div.: Curtis Swanson, Division Manager Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION. C. S anson A. Farrell Charle- General ISSUE: A public hearing must be conducted to consider objections and inquiries regarding the proposed assessment, the Resolution of Intention, the Engineer's Report, and any other comments from the public, including the affected parcel owners, relating to the proposed Forest Lane Contractual Assessment District No. 99 -1 (C.A.D. No. 99 -1). RECOMMENDATION: Conduct a public hearing. Adopt resolutions and authorize an agreement to implement Forest Lane CAD No. 99-1. FINANCIAL IMPACTS: The estimated total project cost is $63,700. Funding for this C.A.D. is included in the 1999 -00 Capital Improvement Budget (CIB) on page CS -62. The District will be reimbursed for this project cost over a 10 year assessment period. ALTERNATIVES /CONSIDERATIONS: Continue this item to receive additional public comment or allow additional deliberation. 2. Withhold or delay approval of the project. BACKGROUND: A group of five parcel owners on Forest Lane in Alamo have requested that the District form an assessment district for the purpose of financing and constructing a public sewer system that will benefit their properties. The proposed sewer includes 1/27/00 U: \CAD \Forest Lane \PubHear.PP.wpd Page 1 of 11 POSITION PAPER Board Meeting Date: February 3, 2000 Subject: CONDUCT A PUBLIC HEARING; ADOPT A RESOLUTION OVERRULING PROTESTS; ADOPT A RESOLUTION CONFIRMING COMPLIANCE WITH CALIFORNIA CONSTITUTION, ARTICLE XIIID, SECTION 4; ADOPT A RESOLUTION APPROVING ENGINEER'S REPORT AND ASSESSMENT AND ORDERING IMPROVEMENT; AND AUTHORIZE EXECUTION OF AGREEMENT WITH FOREST LANE PARCEL OWNERS IN CONJUNCTION WITH THE FOREST LANE CONTRACTUAL ASSESSMENT DISTRICT NO. 98 -3, DISTRICT PROJECT NO. 5406 approximately 474 linear feet of 8 -inch sewer main and two manholes that will serve the proponents' five existing properties, all of which have existing homes presently relying on septic tanks. A map showing the proposed boundary and the proposed sewer location is attached as Exhibit A. On March 4, 1999, the Board of Directors adopted a resolution directing the preparation of a report for a known as Forest Lane C.A.D. No. 99 -1. A report has been prepared, and assessments have been estimated. (The Engineer's Report is being provided to the Board under separate cover.) On December 16, 1999, the Board of Directors set a public hearing for February 3, 2000. Since assessments are proposed to be levied on properties, the procedural requirements of Proposition 218 do apply. Compliance with these requirements has been included in the documents and actions proposed for Board consideration. In order to continue the process for Forest Lane C.A.D. No. 99 -1 the following actions are necessary: 1 . Conduct a public hearing to: a. announce the tabulation of ballots submitted by owners of each affected parcel indicating approval or opposition to the proposed assessment. b. consider public testimony on the Resolution of Intention and the Engineer's Report. 2. If, at the close of the hearing, the Board finds that protests and ballot opposition are insufficient, the following resolutions may be considered and adopted: a. Resolution overruling protests of improvement (Exhibit B) b. Resolution confirming compliance with California Constitution, Article XIIID, Section 4 (Exhibit Q. 1/27/00 WCAD \Forest Lane \PubHear.PP.wpd Page 2 of 11 POSITION PAPER Board Meeting Date: February 3, 2000 subject: CONDUCT A PUBLIC HEARING; ADOPT A RESOLUTION OVERRULING PROTESTS; ADOPT A RESOLUTION CONFIRMING COMPLIANCE WITH CALIFORNIA CONSTITUTION, ARTICLE XIIID, SECTION 4; ADOPT A RESOLUTION APPROVING ENGINEER'S REPORT AND ASSESSMENT AND ORDERING IMPROVEMENT; AND AUTHORIZE EXECUTION OF AGREEMENT WITH FOREST LANE PARCEL OWNERS IN CONJUNCTION WITH THE FOREST LANE CONTRACTUAL ASSESSMENT DISTRICT NO. 98 -3, DISTRICT PROJECT NO. 5406 C. Resolution approving the Engineer's Report, assessments, and ordering improvement (Exhibit D). An agreement between the owners and the District is needed to establish the rights and obligations of both parties. District Counsel has prepared such an agreement in which the owners agree to: • assessments being placed on their property tax bills; • pay the assessments; • accept total responsibility for the design and construction of the sanitary sewer extension; • require the contractor who is selected by the owners to maintain certain insurance coverage; • accept total responsibility for the costs associated with the sanitary sewer extension, including interest for District financing; and • have the sanitary sewer extension constructed in accordance with District standards. The District will: • finance the costs of the sanitary sewer extension; • accept the work of the contractor, provided the work is done in accordance with District standards; • place assessments on owners' tax bills; • record as liens on the participants' properties the obligation of each participant to pay assessments; and • be reimbursed in full by receiving payments, including interest, for the total amount financed from owners over a ten -year period. The agreement has been executed by all five affected parcel owners. It is appropriate, therefore, to authorize the General Manager to execute the agreement on behalf of the District. 1/27/00 WCAD \Forest Lane \PubHear.PP.wpd Page 3 of 11 POSITION PAPER Board Meeting Date: February 3, 2000 Subject: CONDUCT A PUBLIC HEARING; ADOPT A RESOLUTION OVERRULING PROTESTS; ADOPT A RESOLUTION CONFIRMING COMPLIANCE WITH CALIFORNIA CONSTITUTION, ARTICLE XIIID, SECTION 4; ADOPT A RESOLUTION APPROVING ENGINEER'S REPORT AND ASSESSMENT AND ORDERING IMPROVEMENT; AND AUTHORIZE EXECUTION OF AGREEMENT WITH FOREST LANE PARCEL OWNERS IN CONJUNCTION WITH THE FOREST LANE CONTRACTUAL ASSESSMENT DISTRICT NO. 98 -3, DISTRICT PROJECT NO. 5406 A summary of project costs is shown in Exhibit E. Staff has concluded that this project is exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines, Section 5.2(b)(3), since it can be seen with certainty that there is no possibility that the activity in question may have a significant adverse effect on the environment. This certainty is based on the District's past experience with numerous similar sewer construction projects, the developed nature of the project environment, and the limited service area of the project (no potential for growth inducement). Approval of the Engineer's Report will establish the Board of Directors' independent finding that this project is exempt from CEQA. RECOMMENDED BOARD ACTION: If a majority protest is not filed and if less than a majority of returned ballots from affected parcel owners oppose the assessment, staff recommends that the Board of Directors take the following actions: • Conduct public hearing. • Adopt a resolution overruling protests. • Adopt a resolution confirming compliance with California Constitution, Article XIIID, Section 4. • Adopt a resolution approving the Engineer's Report, assessments, and ordering improvement. • Authorize the General Manager to execute an agreement with the Forest Lane parcel owners. 1/27/00 U: \CAD \Forest Lane \PubHear.PP.wpd Page 4 of 11 PJ- v' xl Central Contra Costa Sanitary District .Y CT y.�PyJ� P/ ag9 X68 6eo g87 O. 87 2 Iv SITE P" llp� % LOCATION MAP / N.T.S. Py� zz N o eo 160 FEET PLAN OF IMPROVEMENT Attachment OF FOREST LANE A CAD NO. 99-1 I Pann q of PROPOSED CAD AREA EXISTING SEWER •••••••••••• PROPOSED 8" CAD SEWER • ^••O•••• MANHOLE 1 9E PROPERTIES SERVABLE BY CAD SEWER PLAN OF IMPROVEMENT Attachment OF FOREST LANE A CAD NO. 99-1 I Pann q of RESOLUTION NO. i�:�:n:�lll■:3 RESOLUTION OVERRULING PROTESTS FOREST LANE CONTRACTUAL ASSESSMENT DISTRICT NO. 99 -1 The Board of Directors of the Central Contra Costa Sanitary District resolves: On February 3, 2000, the Board of Directors held a public hearing on the Resolution of Intention and the Engineer's Report on the proposed improvement in Forest Lane Contractual Assessment District No. 99 -1. At or before the time set for hearing, certain interested persons made or may have made protests or objections to the proposed improvement, the extent of the Contractual Assessment District, or the proposed assessment. The Board hereby overrules each of these protests, written or oral. The Board finds that the protest against the proposed improvement (including all written protests not withdrawn in writing before the conclusion of the protest hearing) is made by the owners of less than one half of the area of the land to be assessed for the improvement. PASSED AND ADOPTED this 3rd day of February, 2000, by the Board of Directors of the Central Contra Costa Sanitary District by the following votes: AYES: Members: NOES: Members: ABSENT: Members: Gerald R. Lucey President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: Joyce E. Murphy Secretary, Central Contra Costa Sanitary District, County of Contra Costa, State of California APPROVED AS TO FORM: Kenton L. Alm, District Counsel 1/27/00 U: \CAD \Forest Lane \PubHear.PP.wpd Page 6 of 11 EXHIBIT C RESOLUTION NO. RESOLUTION CONFIRMING COMPLIANCE WITH CALIFORNIA CONSTITUTION, ARTICLE XIIID, SECTION 4 FOREST LANE CONTRACTUAL ASSESSMENT DISTRICT NO. 99 -1 The Board of Directors of the Central Contra Costa Sanitary District resolves: 1. The Board set 2 p.m. on February 3, 2000, at the Meeting Room of the Board of Directors, 5019 Imhoff Place, Martinez, California, as the time and place for a public hearing pursuant to California Constitution, Article XIIID, Section 4. 2. Pursuant to Article XIIID of the California Constitution, as amended by Proposition 218, commonly known as the "Right to Vote on Taxes Act," notice of the proposed assessment was provided to all owners of affected parcels within the District, which notice contained a ballot whereby each owner could indicate support or opposition to the proposed assessment. 3. At the time and place for which notice was given, the Board of Directors conducted public hearing, pursuant to California Constitution, Article XIIID, Section 4, and gave every person present an opportunity to comment on and object to the amount of the proposed assessment. 4. The Board finds that less than a majority of parcel owners who returned ballots, weighted by financial obligation, opposed the proposed assessment. PASSED AND ADOPTED this 3rd day of February, 2000, by the Board of Directors of the Central Contra Costa Sanitary District by the following votes: AYES: Members: NOES: Members: ABSENT: Members: President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: Secretary, Central Contra Costa Sanitary District, County of Contra Costa, State of California APPROVED AS TO FORM: Kenton L. Alm, District Counsel 1/27/00 WCAD \Forest Lane \PubHear.PP.wpd Page 7 of 11 EXHIBIT D RESOLUTION NO. RESOLUTION APPROVING ENGINEER'S REPORT AND ASSESSMENT AND ORDERING IMPROVEMENT FOREST LANE CONTRACTUAL ASSESSMENT DISTRICT NO. 99 -1 The Board of Directors of the Central Contra Costa Sanitary District resolves: This Board has taken a series of actions preliminary to ordering the improvement in the Forest Lane Contractual Assessment District No. 99 -1, Central Contra Costa Sanitary District, Contra Costa County, California, and now makes the following findings and orders: 1. The Board adopted a map showing the boundaries of the land benefitted by the proposed improvement. A copy of the boundary map was filed in the office of the County Recorder of the County of Contra Costa in the Book of Maps of Assessment and Community Facilities Districts. 2. The Board adopted its Resolution of Intention to order the improvement described therein under the Municipal Improvement Act of 1911, and directed Curtis W. Swanson, Principal Engineer, as the Engineer of Work for the Assessment District, to prepare the report required by Section 5989.22 of the Streets and Highways Code. The improvement is generally described as follows: Construction and installation of approximately 474 linear feet of sanitary sewer line, together with appurtenant work and facilities located at Forest Lane in Alamo, California. 3. The Board called a hearing of protests on the Forest Lane Contractual Assessment District No. 99 -1. Notice of the hearing was given by publication, by street posting, and by mailing to affected parcel owners, all according to the Municipal Improvement Act of 1911. Affidavits of publication, posting, and mailing were filed with the Secretary of the District. 4. At the time and place for which notice was given, the Board of Directors conducted a public hearing pursuant to Section 5898.26 of the Streets and Highways Code, which included a summary of the Engineer's Report and gave every person present an opportunity to comment on and object to the proposed Contractual Assessment Program improvement and the extent of the Assessment District. 1/27/00 UACAD \Forest Lane \PubHear.PP.wpd Page 8 of 11 5. The Board further finds that written protests against the proposed improvement have not been made by owners representing more than one half of the area of the land to be assessed for the improvement. 6. The documents and events described in paragraphs 1 to 4, inclusive, are stated here in tabular form, with their dates and, where appropriate, their numbers. All documents are now on file with the District except as otherwise noted. 7. The Board approves the Engineer's Report and each component part of it, including each exhibit incorporated by reference in the report. 8. The Board finds that the Engineer of Work, in the Engineer's Report has fairly and properly apportioned the cost of the improvement to each parcel of land in the Assessment District in compliance with the agreement between the owners and in proportion to the special benefits derived by each parcel, in relationship to the entirety of the capital cost of the improvement. The Board hereby confirms and levies each individual assessment as stated in the Engineer's Report. 9. This Board orders the improvement described in paragraph 2 and as detailed in the Engineer's Report. 10. According to Section 10603 of the Streets and Highways Code, the Board designates the District Controller to collect and receive payment of the assessments. 11. The Board independently finds that this project is exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines, Section 5.2(b)(3), since it can be seen with certainty that there is no possibility that the activity in question may have a significant adverse effect on the environment. This certainty is based on the District's past experience with numerous similar sewer construction projects, the developed nature of the project environment, and the limited service area of the project (no potential for growth inducement). 1/27/00 WCAD \Forest Lane \PubHear.PP.wpd Page 9 of 11 Number Document or Event Date or Action a. Resolution of Intention 03/04/99 99 -027 b. Resolution Approving Boundary Map 03/04/99 99 -028 c. Boundary Map Filed with County Recorder Filed d. Certificate of Mailing Notice of Improvement Dated e. Certificate of Posting Notice of Improvement Dated f. Affidavit of Publication of Notice of Improvement Dated 7. The Board approves the Engineer's Report and each component part of it, including each exhibit incorporated by reference in the report. 8. The Board finds that the Engineer of Work, in the Engineer's Report has fairly and properly apportioned the cost of the improvement to each parcel of land in the Assessment District in compliance with the agreement between the owners and in proportion to the special benefits derived by each parcel, in relationship to the entirety of the capital cost of the improvement. The Board hereby confirms and levies each individual assessment as stated in the Engineer's Report. 9. This Board orders the improvement described in paragraph 2 and as detailed in the Engineer's Report. 10. According to Section 10603 of the Streets and Highways Code, the Board designates the District Controller to collect and receive payment of the assessments. 11. The Board independently finds that this project is exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines, Section 5.2(b)(3), since it can be seen with certainty that there is no possibility that the activity in question may have a significant adverse effect on the environment. This certainty is based on the District's past experience with numerous similar sewer construction projects, the developed nature of the project environment, and the limited service area of the project (no potential for growth inducement). 1/27/00 WCAD \Forest Lane \PubHear.PP.wpd Page 9 of 11 PASSED AND ADOPTED this 3rd day of February, 2000, by the Board of Directors of the Central Contra Costa Sanitary District by the following votes: AYES: Members: NOES: Members: ABSENT: Members: Gerald R. Lucey President of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: Joyce E. Murphy Secretary, Central Contra Costa Sanitary District, County of Contra Costa, State of California APPROVED AS TO FORM: Kenton L. Alm, District Counsel 1/27/00 WCAD \Forest Lane \PubHear.PP.wpd Page 10 of 11 EXHIBIT E SUMMARY OF PROJECT COSTS FOREST LANE CAD NO. 99 -1 Construction $45,430 Construction Contingency 6,820 Engineering 7,000 District Services 4,450 TOTAL la3.700 1/27/00 U: \CAD \Forest Lane \PubHear.PP.wpd Page 11 of 11