HomeMy WebLinkAbout11/21/2002 AGENDA BACKUPCentral Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: November 21, 2002 No.: 3.a. CONSENT CALENDAR
Type of Action: AUTHORIZE CAD
Subject: CONSIDER THE FORMATION OF A CONTRACTUAL ASSESSMENT DISTRICT
(CAD) FOR PROPERTIES ON PASEO NOGALES IN ALAMO FOR INSTALLATION OF
SEWER IMPROVEMENTS; ADOPT RESOLUTIONS OF INTENTION TO CREATE PASEO
NOGALES CAD NO. 2002 -9, FOR APPROVAL OF THE BOUNDARY, AND REQUESTING
CONSENT OF CONTRA COSTA COUNTY FOR CCCSD TO CONDUCT PROCEEDINGS
FOR THE CAD
Submitted By: Initiating Dept. /Div.:
Russell B. Leavitt, Management Analyst Engineering /Environmental Services
REVIEWED fAND �RECOMMENDED {FOR BOARD ACTION.
y/1 4- '04
R. Leavitt . Swanson A. arre Im OC. Batts,
General Manager
ISSUE: Owners of properties on Paseo Nogales in Alamo are interested in connecting their
homes to the Central Contra Costa Sanitary District ( CCCSD) sewer system and have
requested formation of a Contractual Assessment District to finance an extension of the
public sewer system. Board approval is required for a Contractual Assessment District
(CAD).
RECOMMENDATION: Approve initiating the formation of Paseo Nogales CAD No. 2002 -9.
FINANCIAL IMPACTS: There are minor administrative costs for initiating the formation of
a CAD. These costs eventually will be paid by the CAD participants if a CAD is actually
formed. This action does not establish an interest rate for the CAD financing. If the CAD
receives final approval from the Board in the future, the estimated CAD costs are
$75,000. Neighborhood representatives have been informed that the District is
concurrently processing other CAD requests and the final funding decision is subject to
budgetary constraints.
ALTERNATIVES /CONSIDERATIONS: Reject or defer initiating formation of the CAD - these
actions would halt or delay the CAD proceedings.
BACKGROUND: Owners of properties located on Paseo Nogales in Alamo have contacted
District staff to obtain information regarding connecting their homes to CCCSD's public
sewer system. Signed forms expressing interest in investigating and forming a CAD are
on file from four of the six private property owners that could be served by a Paseo
Nogales public sewer. The area where the CAD would be formed is shown on
Attachment 1.
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POSITION PAPER
Board Meeting Date: November 21, 2002
Subject: CONSIDER THE FORMATION OF A CONTRACTUAL ASSESSMENT DISTRICT
(CAD) FOR PROPERTIES ON PASEO NOGALES IN ALAMO FOR INSTALLATION OF
SEWER IMPROVEMENTS; ADOPT RESOLUTIONS OF INTENTION TO CREATE PASEO
NOGALES CAD NO. 2002 -9, FOR APPROVAL OF THE BOUNDARY, AND REQUESTING
CONSENT OF CONTRA COSTA COUNTY FOR CCCSD TO CONDUCT PROCEEDINGS
FOR THE CAD
The initial steps toward creation of Paseo Nogales CAD No. 2002 -9 are for the Board of
Directors to adopt a resolution indicating CCCSD's intention to designate an area within
which contractual assessments are appropriate; briefly describing the proposed financing
for the project; establishing the boundaries of the CAD; setting the time, date, and place
for a public hearing at which interested persons may inquire about or object to the
proposed program; and directing staff to prepare an Engineer's Report describing the
project and financing arrangements. Additional resolutions are required to approve the
boundary of the assessment district and to request the consent of Contra Costa County
for CCCSD to conduct proceedings for Paseo Nogales CAD No. 2002 -9.
The proposed Paseo Nogales CAD No. 2002 -9 complies with the revised CAD policy
approved at the February 1, 2001 Board of Directors meeting. The CAD formation criteria
are listed below.
PROPOSED PASEO NOGALES
CAD FORMATION CRITERION CAD NO. 2002 -9
1. A minimum of five properties must
be directly tributary to the
proposed CAD facilities.
1. There are more than five properties
that would benefit from the
proposed CAD sewers.
2. A minimum of 60 percent of the 2. All of the properties are developed
properties directly tributary to the with existing homes using existing
proposed CAD facilities must have septic systems.
existing homes served by septic
systems.
3. A Participant Parcel may not have
more than two (2) dwellings to
participate in a CAD.
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3. None of the properties has more
than two dwellings on it.
Page 2 of 10
POSITION PAPER
Board Meeting Date: November 21, 2002
subject: CONSIDER THE FORMATION OF A CONTRACTUAL ASSESSMENT DISTRICT
(CAD) FOR PROPERTIES ON PASEO NOGALES IN ALAMO FOR INSTALLATION OF
SEWER IMPROVEMENTS; ADOPT RESOLUTIONS OF INTENTION TO CREATE PASEO
NOGALES CAD NO. 2002 -9, FOR APPROVAL OF THE BOUNDARY, AND REQUESTING
CONSENT OF CONTRA COSTA COUNTY FOR CCCSD TO CONDUCT PROCEEDINGS
FOR THE CAD
Staff has concluded that this project is exempt from CEQA under CEQA Guidelines
Section 15061(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 CCCSD's past experience with numerous sewer construction
projects of this nature, the relatively short distance involved, and the impact - limiting
nature of CCCSD's construction specifications that would be required of the project.
Approval of this project will establish the Board of Directors' independent finding that this
project is exempt from CEQA.
RECOMMENDATION: Authorize formation of a CAD consisting of six properties on Paseo
Nogales by:
1. adopting a resolution of intention to create Paseo Nogales Contractual Assessment
District No. 2002 -9 for the purpose of installing sewer improvements (Exhibit 1);
2. adopting a resolution approving the boundary of the assessment district (Exhibit 2);
and
3. adopting a resolution requesting consent from Contra Costa County for CCCSD to
conduct proceedings for Paseo Nogales CAD No. 2002 -9 (Exhibit 3).
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ZC
POTENTIAL
CAD AREA
SITE
ALAMO
LOCATION MAP
EXISTING PLANNED
SEWER CAD SEWER
0 50 100 150
FEET
9E PROPERTIES
SERVABLE
BY CAD SEWER
x Central Contra Costa Attachment
D Sanitary District PROPOSED BOUNDARY
PASEO NOGALES
' CAD NO. 2002 -09
Y
Page r4 of 10
EXHIBIT 1
RESOLUTION NO. 2002-
RESOLUTION OF INTENTION TO CREATE
PASEO NOGALES CONTRACTUAL ASSESSMENT DISTRICT NO. 2002 -9
FOR THE PURPOSE OF INSTALLING SEWER IMPROVEMENTS
WHEREAS the public health and the environment will be best protected by the
expansion of the public sewer system;
WHEREAS the construction and installation of a sanitary sewer pipeline, together
with appurtenant work and facilities, in areas not presently connected to the sewer
system will facilitate the elimination of potential public health problems due to failing
septic systems; and
WHEREAS it would be convenient and advantageous to establish a boundary around
an area within which CCCSD and property owners may enter into contractual assessments
and make arrangements to finance public improvements to parcels which are developed
and where the costs and time delays involved in creating an assessment district pursuant
to alternative provisions in the law would be prohibitively large relative to the cost of the
improvement.
THEREFORE, the Board of Directors of the Central Contra Costa Sanitary District
resolves:
This Board intends to approve the following improvement under the authority of
the Municipal Improvement Act of 1911, as amended, to wit: construction and
installation of approximately 500 linear feet of sanitary sewer line, together with
appurtenant work and facilities located at Paseo Nogales in Alamo, California.
2. This Board finds that the parcels within the Contractual Assessment District are
shown within the boundaries of the map entitled, "Proposed Boundaries of Paseo
Nogales Contractual Assessment District No. 2002 -9."
3. This Board intends to levy a special assessment upon participating parcels within
the described district in accordance with the special benefit to be received by
each parcel of land, respectively, from the improvement. The improvement
proposed will not confer any special benefit upon any publicly owned land.
Hence, there shall be omitted from special assessment all public streets, alleys,
and places and all land belonging to the United States, the State of California,
Contra Costa County, and Central Contra Costa Sanitary District now in use in
the performance of a public function.
4. CCCSD intends to provide loan financing for the improvements, subject to the
availability of funds and any limitation on the commitment or expenditure of
funds for the Contractual Assessment District Program as may be established
from time to time by CCCSD's Board of Directors. Loans shall be repaid by
assessments on the property of participating parcel owners. Assessments shall
Page 5 of 10
be paid over a maximum period of ten (10) years with interest at a rate to be
fixed by CCCSD.
5. The procedure for the collection of assessments will be the placement of
assessments on participating parcel owners' tax bills. The first assessments
may be placed on owners' tax bills in fiscal year 2003 -2004.
6. This Board appoints Curtis Swanson, Environmental Services Division Manager,
as Engineer of Work for this project to prepare the report required by
Section 5898.22 of the Streets and Highways Code.
7. At a future date yet to be determined, a public hearing shall be held on this
matter before the CCCSD Board of Directors. Appropriate notice of this public
hearing will be given in a timely manner.
8. The Board independently finds that this project is exempt from the California
Environmental Quality Act (CEQA) under CEQA Guidelines Section 15061(b)(3),
since it can be "seen with certainty that there is no possibility that the activity
in question may have a significant effect on the environment." This certainty
is based on CCCSD's past experience with numerous sewer construction
projects of this nature, the relatively short distance involved, and CCCSD's
impact - limiting construction specifications that would be required of the project.
PASSED AND ADOPTED this 21 th day of November, 2002, 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
LEGAL REVIEW:
Kenton L. Alm
Counsel, Central Contra Costa Sanitary District
Page 6 of 10
EXHIBIT 2
RESOLUTION NO. 2002-
RESOLUTION APPROVING BOUNDARY MAP
PASEO NOGALES CONTRACTUAL ASSESSMENT DISTRICT NO. 2002 -9
The Board of Directors of the Central Contra Costa Sanitary District ( CCCSD)
resolves:
A map entitled "Proposed Boundaries of Paseo Nogales Contractual Assessment
District No. 2002 -9" has been filed with the Secretary of the Central Contra Costa
Sanitary District.
This Board approves the map and adopts the boundaries shown on the map as
describing the extent of the territory included in a proposed assessment district to be
known as Paseo Nogales Contractual Assessment District No. 2002 -9, Central Contra
Costa Sanitary District, County of Contra Costa, California.
This Board intends to levy a contractual assessment upon participating parcels within
the described District in accordance with the benefit to be received by each parcel of land,
respectively, from the improvement. There shall be omitted from assessment, all public
streets, alleys, and places and all land belonging to the United States, the State of
California, Contra Costa County, and CCCSD because it has been determined that no
special benefit will be conferred on any such land within the District.
This Board finds that the map is in the form and contains the matters prescribed by
Section 3110 of the California Streets and Highways Code.
Page 7 of 10
This Board directs the Secretary of CCCSD to certify the adoption of this resolution
on the face of the map and to file a copy of the map with the County Recorder for
placement in the Book of Maps of Assessment and Community Facilities Districts.
PASSED AND ADOPTED this 21 th day of November, 2002 by the Board of Directors
of the Central Contra Costa Sanitary District by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
COUNTERSIGNED:
Secretary, Central Contra Costa Sanitary District
County of Contra Costa, State of California
LEGAL REVIEW:
Kenton L. Alm
Counsel, Central Contra Costa Sanitary District
Page 8 of 10
EXHIBIT 3
RESOLUTION NO. 2002-
RESOLUTION REQUESTING CONSENT TO
CONDUCT ASSESSMENT PROCEEDINGS
PASEO NOGALES CONTRACTUAL ASSESSMENT DISTRICT NO. 2002 -9
The Board of Directors of the Central Contra Costa Sanitary District (CCCSD)
resolves:
On November 21, 2002, the Board adopted a Resolution of Intention, a copy of
which is attached hereto, marked Exhibit 1, and by reference incorporated herein as
though fully set forth.
All of the property proposed to be assessed lies within the County of Contra Costa.
All public streets, alleys, places, and all land belonging to the United States, the State of
California, Contra Costa County, and CCCSD shall be omitted from assessment because
it has been determined that no special benefit will be conferred on any such land within
the proposed Assessment District.
Contra Costa County will, in the opinion of the Board of Directors of CCCSD, be
benefitted by the improvements referred to in the Resolution of Intention, and the
purposes sought to be accomplished by the work can best be accomplished by a single,
comprehensive scheme of work.
The consent of Contra Costa County, through its Board of Supervisors, is hereby
requested to the formation of the Assessment District described in said Resolution of
Page 9 of 10
Intention, to the improvement described, and to the assumption of jurisdiction by the
CCCSD Board of Directors for all purposes in connection with the formation of this
Assessment District, the improvements to be made and the assessment of property within
the boundaries of the proposed Assessment District.
The Secretary of CCCSD is hereby directed to transmit a certified copy of this
resolution with the Resolution of Intention attached and a certified copy of the map
showing the boundaries of the Assessment District to Contra Costa County.
PASSED AND ADOPTED this 21 th day of November, 2002, by the Board of
Directors of the Central Contra Costa Sanitary District by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
COUNTERSIGNED:
Secretary, Central Contra Costa Sanitary District
County of Contra Costa, State of California
LEGAL REVIEW:
Kenton L. Alm
Counsel, Central Contra Costa Sanitary District
Page 10 of 10
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: November 21, 2002 No.: 3. b. CONSENT CALENDAR
Type of Action: APPROVE FINANCIAL REPORT
subject: APPROVE THE COMPREHENSIVE ANNUAL FINANCIAL REPORT AS OF JUNE
30, 2002 FOR SUBMISSION TO THE GOVERNMENT FINANCE OFFICERS
ASSOCIATION.
Submitted By: Initiating Dept. /Div.:
Colette Curtis -Brown Finance & Accounting
REVIEWED AND RECOMMENDED FOR BOARD ACTION.
�. Curtis -Brown D. Ratcliff R. Musgraves
Wr`
Charles Batts,
General Manage
ISSUE: Board approval is requested to submit a Comprehensive Annual Financial Report (C FR)
to the Government Finance Officers Association of United States and Canada (GFOA) for
laur
RECOMMENDATION: Review and approve the June 30, 2002 CAFR for GFOA submission.
FINANCIAL IMPACTS: There is an application fee for submission of a CAFR for review based
on total revenues of the entity applying. The District fee is $415 based on this sliding fee
schedule.
ALTERNATIVES /CONSIDERATIONS: None for the current year.
BACKGROUND: The GFOA is a professional association of state /provincial and local finance
officers in the United States and Canada, and has served the public finance profession since
1906. The association's members are dedicated to the sound management of government
financial resources and the GFOA provides input to the Governmental Accounting Standards
Board (GASB). The GFOA sponsors the Certificate of Achievement for Excellence in Financial
Reporting Program.
The Finance and Accounting Division has prepared the District's CAFR as of June 30, 2002.
The District was awarded a Certificate of Achievement for Excellence in Financial Reporting
by the GFOA for reports submitted for the 2000 and 2001 fiscal years. The Certificate of
Achievement is the highest form of recognition for excellence in state and local government
financial reporting. In order to be awarded a Certificate of Achievement, a government must
publish an easily readable and efficiently organized comprehensive annual financial report. The
CAFR includes ten years of historical financial and statistical data. This report must satisfy
both generally accepted accounting principles and applicable legal requirements.
A Certificate of Achievement is valid for a period of one year only. We believe our current
comprehensive financial report continues to meet the Certificate of Achievement Program's
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POSITION PAPER
Board Meeting Date: November 21, 2002
subject: APPROVE THE COMPREHENSIVE ANNUAL FINANCIAL REPORT AS OF JUNE
30, 2001 FOR SUBMISSION TO THE GOVERNMENT FINANCE OFFICERS
ASSOCIATION.
requirements and we are asking approval to submit it to the GFOA to determine its eligibility
for another certificate.
A draft of the June 30, 2002 CAFR was reviewed by the Board Finance Committee. Some
minor wording enhancements were made on page iii.
RECOMMENDED BOARD ACTION: Approve the CAFR for submission to the GFOA.
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COGENERATION UNIT
FAILURE HISTORY
BOARD MEETING
CRAIG MIZUTANI
NOVEMBER 21, 2002
COGENERATION UNIT
FAILURE HISTORY
DATE
ENGINE
RUN DAYS
REPLACED
REASON
1
1,708
--
Normal Wear
2
625
3/02
3nd Stage
Turbine Failure
PG &E Failure
3
208
10/02
31d Stage
Turbine Failure
4
3
10/02
3"d Stage
Turbine Failure
WET WEATHER EVENT
BOARD MEETING
DOUGLAS J. CRAIG
NOVEMBER 21, 2002
WET WEATHER EVENT
-k NOVEMBER 7 -109 2002
2.1 INCHES OF RAINFALL AT THE
TREATMENT PLANT
1.5 INCHES OF RAINFALL ON
NOVEMBER 81 2002
WET WEATHER EVENT
A PEAK FLOW -115.4 MOD
A TOTAL BYPASS FLOW - 0.5 MO
A TOTAL RAINFALL PROCESSED - 35 MG
WET WEATHER EVENT
A NO POWER INTERRUPTIONS AT
TREATMENT PLANT
A SOME OUTAGES IN MARTINEZ
A TREATMENT PLANT PERFORMED WELL
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Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: November 21, 2002 No.: 7.a. BUDGET AND FINANCE
Type of Action: BUDGET & FINANCE
Subject: ADOPT AMENDED AND RESTATED SECTION 125 CAFETERIA PLAN
DOCUMENTS TO MEET NEW CHANGES IN INTERNAL REVENUE SERVICE CODE
Submitted By: Initiating Dept. /Div.:
Debbie Ratcliff, Controller Administrative /Finance & Accounting
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
O Z:2il
D. Ratcliff R. Musgr es
General
ISSUE: Board approval is required to adopt amendments to the District's Cafeterib Plan
documents.
RECOMMENDATION: It is recommended that the Board adopt the amendments to the
District's Cafeteria Plan documents to meet new Internal Revenue Service Code (IRS)
requirements.
FINANCIAL IMPACTS: None
ALTERNATIVES /CONSIDERATIONS: If the amendments were not approved by the Board,
the District's Cafeteria Plan would be in violation of the IRS code.
BACKGROUND: Per the existing Memoranda of Understanding, the three employee groups
receive a fixed amount each month to spend on a variety of benefit options offered in the
Cafeteria Plan. This Cafeteria Plan is governed by Section 125 of the Internal Revenue
Service Code (IRS). The Plan allows employees the option of spending their monthly
benefit allowance on a variety of taxable and non - taxable benefits.
The law firm of Trucker • Huss, who specializes in benefit law, has been asked to review
the Cafeteria Plan documents annually to ensure compliance with any changes in IRS
Code. The Internal Revenue Service issued new regulations which become effective for
plan years beginning on or after January 1, 2003. The last revision to the Cafeteria Plan
document was effective January 1, 2002.
The first amendment is to Appendix B of the main Section 125 Cafeteria Plan document.
A final paragraph has been added which states that in the event that the District paid
taxable premiums for the employee in excess of the employee's accrued amount and the
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f
POSITION PAPER
Board Meeting Date: November 21, 2002
subject: ADOPT AMENDED AND RESTATED SECTION 125 CAFETERIA PLAN
DOCUMENTS TO MEET NEW CHANGES IN INTERNAL REVENUE SERVICE CODE
employee leaves the District, the District shall withhold the over payment from the
employee's final paycheck.
The second amendment is to the Health Flexible Spending Arrangement which is a
Component Plan of the District's Section 125 Cafeteria Plan. The significant change to
this Component Plan is that the annual allowed salary reduction amount has been
increased from $3,000 to $5,000. This allows employees to increase spending of tax
free dollars on health care costs.
The third amendment is to the Dependent Care Assistance Plan which is another
Component Plan of the District's Section 125 Cafeteria Plan. The IRS increased the dollar
limit deemed to be Earned Income in the case where an employee's spouse is either a full -
time student or incapable of caring for himself or herself. Also, expenses associated with
kindergarten no longer qualify under this Plan.
Finally, the Summary Plan Description which is distributed to employees before each new
plan year, incorporates the aforementioned changes and includes additional clarifying
language.
A copy of the District's amended Cafeteria Plan document and Component Plans have
been provided to the Board under separate cover.
RECOMMENDED BOARD ACTION: It is recommended that the Board adopt the
amendments to the District's Cafeteria Plan documents to meet new Internal Revenue
Service Code requirements.
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