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HomeMy WebLinkAbout12/19/2002 AGENDA BACKUPCentral Contra Costa Sanitary District /,dZ&P1A1 BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: December 19, 2002 /No.: 3.a. CONSENT CALENDAR Type of Action: ACCEPT EASEMENT subject: ADOPT A RESOLUTION ACCEPTING AN EASEMENT FROM CONTRA COSTA COUNTY FOR THE SAN RAMON SCHEDULE C FORCE MAIN AND AUTHORIZING A QUITCLAIM DEED, DISTRICT PROJECT NO. 5554 Submitted By: Initiating Dept. /Div.: Michael J. Penny, Associate Engineer Engineering /Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION.• '"erty W. Brennan A. Far 04 K. Alm Charles W General M J ISSUE: Easements must be accepted by the Board of Directors by resolution and quhclaim deeds must be authorized by the Board of Directors. RECOMMENDATION: Adopt a resolution accepting the Grant of Easement from Contra Costa County and authorizing the execution of the quitclaim. FINANCIAL IMPACTS: None. ALTERNATIVES /CONSIDERATIONS: None. BACKGROUND: In 1986 the District purchased easements from Contra Costa County along the Southern Pacific Rail Road Right of Way from the San Ramon Pump Station in San Ramon to Monument Boulevard in Pleasant Hill for the purpose of installing future sewers. The specific alignments of the future sewers could not be determined at the time of the easement purchase. Design and alignment selection of the San Ramon Schedule C Force main started in August 2001 and was finalized in March 2002. Since 1986 various Cities, Contra Costa County and East Bay Regional Park District have built the Iron Horse Trail over the District's original easement. The easement documents made provisions for this type of use of the District's surface easement. The portion of the trail between Bollinger Canyon Road and Norris Canyon Road was constructed of reinforced concrete rather than asphalt per a settlement agreement between the City of San Ramon and Bishop Ranch. Today, the Iron Horse Trail experiences significant public use, especially on the weekends. During design of the sewer the District and the County determined that the best location of the sewer was to the east of the concrete trail from 150 feet north of Norris Canyon 12/11/02 P: \PUBLIC \Capital Projects \SR FM \Easement Position Paper.wpd Page 1 of 3 POSITION PAPER Board Meeting Date: December 19, 2002 subiect: ADOPT A RESOLUTION ACCEPTING AN EASEMENT FROM CONTRA COSTA COUNTY FOR THE SAN RAMON SCHEDULE C FORCE MAIN AND AUTHORIZING A QUITCLAIM DEED, DISTRICT PROJECT NO. 5554 Road to 250 feet south of Bollinger Canyon Road (see Attachment 1). To construct along the 1986 easement would require building a temporary trail, removing and replacing the concrete trail and removing the temporary trail at significant increased cost and disruption to the public. To accommodate the District's accelerated construction schedule of the San Ramon Force Main, Contra Costa County issued a right of entry /encroachment permit for the construction while the easement language was finalized. The Easement language was finalized in November 2002. Our cooperative relationship with the County led to this being expedited. In conjunction with the acceptance of the new easement the execution of a quitclaim deed releasing the unneeded portions of the 1986 easement is needed. Staff has concluded that this project is exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines Section 15305, since it involves a minor alteration in land use limitations. Approval of this project will establish the Board of Directors' independent finding that this project is exempt from CEQA. RECOMMENDED BOARD ACTION: Authorize a resolution accepting the easement from Contra Costa County and execution of a Quitclaim Deed to Contra Costa County, district Project No. 5554. 12/11/02 P: \PUBLIC \Capital Projects \SR FM \Easement Position Paper.wpd Page 2 of 3 s 0 W ID O 0 so 121 FEET Central Contra Costa Sanitary District SAN RAMON SCHEDULE C FORCE MAIN EASEMENT Attachment Page 3 of 3 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: December 19, 2002 No.: 3.c. CONSENT CALENDAR Type of Action: AUTHORIZE CAD subject: CONSIDER THE FORMATION OF A CONTRACTUAL ASSESSMENT DISTRICT (CAD) FOR PROPERTIES ON VIA DON JOSE IN ALAMO FOR INSTALLATION OF SEWER IMPROVEMENTS; ADOPT RESOLUTIONS OF INTENTION TO CREATE VIA DON JOSE CAD NO. 2002 -6, 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 AND RECOMMENDS FOR BOARD ACTION. Pig 4. (� R. Leavitt . Swanson A. Farrell K. Alm *Charles at IVR-1• General Manac ISSUE: Owners of properties on Via Don Jose and North Jackson Way 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 Via Don Jose CAD No. 2002 -6. 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 $165,000. 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 Via Don Jose and North Jackson Way 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 sixteen of the twenty property owners that could be served by Via Don Jose and North Jackson Way public sewers. The area where the CAD would be formed is shown on Attachment 1. 12/9/02 U: \Position Papers\ Leavitt \lnitiateViaDonJoseCAD.wpd Page 1 of 10 POSITION PAPER Board Meeting Date: December 19, 2002 subject: CONSIDER THE FORMATION OF A CONTRACTUAL ASSESSMENT DISTRICT (CAD) FOR PROPERTIES ON VIA DON JOSE AND NORTH JACKSON WAY IN ALAMO FOR INSTALLATION OF SEWER IMPROVEMENTS; ADOPT RESOLUTIONS OF INTENTION TO CREATE VIA DON JOSE CAD NO. 2002 -6, 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 Via Don Jose CAD No. 2002 -6 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 Via Don Jose CAD No. 2002 -6. The proposed Via Don Jose CAD No. 2002 -6 complies with the revised CAD policy approved at the February 1, 2001 Board of Directors meeting. The CAD formation criteria are listed below. PROPOSED Via Don Jose CAD FORMATION CRITERION CAD NO. 2002 -6 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. 12/9/02 WPosition Papers\ Leavitt \InitiateViaDonJoseCAD.wpd 3. None of the properties has more than two dwellings on it. Page 2 of 10 POSITION PAPER Board Meeting Date: December 19, 2002 subject: CONSIDER THE FORMATION OF A CONTRACTUAL ASSESSMENT DISTRICT (CAD) FOR PROPERTIES ON VIA DON JOSE AND NORTH JACKSON WAY IN ALAMO FOR INSTALLATION OF SEWER IMPROVEMENTS; ADOPT RESOLUTIONS OF INTENTION TO CREATE VIA DON JOSE CAD NO. 2002 -6, 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 twenty properties on Via Don Jose and North Jackson Way by: 1. adopting a resolution of intention to create Via Don Jose Contractual Assessment District No. 2002 -6 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 Via Don Jose CAD No. 2002 -6 (Exhibit 3). 12/9/02 WPosition Papers\ Leavitt \InitiateViaDonJoseCAD.wpd Page 3 of 10 -------------------------- ------ INTERSTATE 680 I---- -- � N N � O d V NI O I 7402 NQ� 1410 _ 1471 `C) 1419 - w 1418 1428 9E 1429 = 1439 I 1438 = 1449 I 1448 I" " O C 1459 1458 7468 I 9E I 1469 147-9 I * > I 1478 1488 _ I 7489 " I I 1498 _ 1499 �z O G� \ O O / LOCATION MAP N.T.S. ,U W F- 1 W wqY 0 100 200 u a d FEET a DANVIL F�W&Yo BLVD POTENTIAL EXISTING PLANNED PROPERTIES SERVABLE € CAD AREA SEWER CAD SEWER BY CAD SEWER a n Y Central Contra Costa Attachment Sanitary District PROPOSED BOUNDARY VIA DON JOSE CAD N0.2002-6 Page 4of10 EXHIBIT 1 RESOLUTION NO. 2002- RESOLUTION OF INTENTION TO CREATE VIA DON JOSE CONTRACTUAL ASSESSMENT DISTRICT NO. 2002 -6 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: 1 . 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 1,100 linear feet of sanitary sewer line, together with appurtenant work and facilities located at Via Don Jose and North Jackson Way 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 Via Don Jose Contractual Assessment District No. 2002 -6." 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 Page 5 of 10 assessments on the property of participating parcel owners. Assessments shall 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 2004 -2005. 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. A public hearing shall be held on this matter before the CCCSD Board of Directors in the future prior to approval of the Contractual Assessment District. 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 19th day of December, 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 VIA DON JOSE CONTRACTUAL ASSESSMENT DISTRICT NO. 2002 -6 The Board of Directors of the Central Contra Costa Sanitary District ( CCCSD) resolves: A map entitled "Proposed Boundaries of Via Don Jose Contractual Assessment District No. 2002 -6" 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 Via Don Jose Contractual Assessment District No. 2002 -6, 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. 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. Page 7 of 10 PASSED AND ADOPTED this 19th day of December, 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 VIA DON JOSE CONTRACTUAL ASSESSMENT DISTRICT NO. 2002 -6 The Board of Directors of the Central Contra Costa Sanitary District (CCCSD) resolves: On December 19, 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 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 Page 9 of 10 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 19th day of December, 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 /J a i ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: December 19, 2002 No.: 4.a. HEARINGS Type of Action: CONSIDER APPEAL OF STAFF DETERMINATION subject: CONDUCT AN APPEAL HEARING REQUESTED BY PHILIP PARK REGARDING THE STAFF DETERMINATION THAT A REIMBURSEMENT FEE FOR 135 WAYNE AVENUE, DANVILLE IS UNCOLLECTIBLE (JOB 5236) Submitted By: Initiating Dept. /Div.: Jarred Miyamoto -Mills Engineering / Environmental Services Principal Engineer REVIEWED AND RECOMMENDED FOR BOARD ACTION. IJ J. Miyamoto -Mills C. Swanson A. Farfell K,44 K. Alm General M ISSUE: Mr Philip Park, the installer of Job 5236 (a public main sewer extension) has requested that the Board of Directors consider the staff's determination that a Job 5236 reimbursement fee for 135 Wayne Avenue is uncollectible. RECOMMENDATION: Conduct an appeal hearing as required by the District Code. Confirm the staff's determination that the reimbursement fee is uncollectible. FINANCIAL IMPACTS: There are no financial impacts for the District regarding this matter. ALTERNATIVES /CONSIDERATIONS: None BACKGROUND: The District's sewer service policy requires property owners to extend the public sewer to serve their property. In 1997, Mr. Philip Park extended the public sewer to serve his home at 140 Wayne Avenue in Danville (Job 5236; see Attachment 1). Mr. Park installed 230 feet of 8 -inch diameter PVC sewer and one manhole. The District Accepted the project on November 12, 1997. As this sewer could possibly serve other homes on Wayne Avenue, Mr. Park requested that a Reimbursement Fee (then called "Rebate ") Account be opened. Reimbursement Fees are established by the District at the request of sewer installers in accordance with District Code Chapter 6.20. Reimbursement fees are collected from property owners who physically connect their private laterals directly to a public sewer extension for which a reimbursement fee has been established. The District then disburses the collected fees minus an administrative fee to the sewer installer. The Code specifies that the District provides the reimbursement fee program as a convenience for installers and is not liable to any person for failure to establish or collect reimbursements. 12/11/02 U: \Position Papers \Miyamoto - Mills \PP5336 -1.WPD Page 1 of 13 POSITION PAPER Board Meeting Date: December 19, 2002 subject: CONDUCT AN APPEAL HEARING REQUESTED BY PHILIP PARK REGARDING THE STAFF DETERMINATION THAT A REIMBURSEMENT FEE FOR 135 WAYNE AVENUE, DANVILLE IS UNCOLLECTIBLE (JOB 5236) In February 1998, the District established a reimbursement fee of $6,182.86 for each of the three properties with the possibility for direct connection to the sewer Mr. Park installed (135, 149 and 150 Wayne Avenue). Subsequently, the owners of the homes at 149 and 150 Wayne Avenue connected their private laterals directly to the public sewer that Mr. Park installed. Reimbursement Fees were collected for both of these connections and were disbursed to Mr. Park. Recently, the owners of 135 Wayne Avenue, Roy and Barbara Querio, considered options for connecting their home to the District's public sewer and decided to participate in a new public sewer extension project (Job 5568) and connect their private lateral to that public sewer, rather than to the public sewer that Mr. Park had installed. Attachment 1 is a map showing the location and configuration of the properties with respect to the two sewer extensions. In cases such as this, the reimbursement fee is deemed "uncollectible" if the property is not directly connected to the sewer for which it was established. Mr. Park was notified that this outcome was possible when the Reimbursement Account was established. The following is excerpted from the February 13, 1998 letter from the District to Mr. Park establishing the Reimbursement Fee Account: 'The District cannot guarantee that all properties which are anticipated to connect to this rebate sewer, as listed above, will eventually connect to your installation. It is possible that some properties may find it more practical and /or convenient to connect to other future public installations. In these instances, the assigned rebate revenue will be considered uncollectible, and your maximum recovery will be reduced accordingly. " Mr. Park was notified of the staff's determination that the Job 5236 reimbursement fee for 135 Wayne Avenue is uncollectible by letter dated October 16, 2002 (see Attachment 2). On October 23, 2002, Mr. Park's attorney, Richard D. Grossman sent a letter to the Secretary of the District requesting that the Board consider reversing the staff determination. RECOMMENDED BOARD ACTION: Conduct an appeal hearing as required by the District Code. Confirm the staff's determination that the reimbursement fee is uncollectible. 12/12/02 U: \Position Papers \Miyamoto - Mills \PP5336 1.WPD Page 2 of 13 STONE ALAMO i ♦ / -_ - - -_ -- - -____- / / / p{ / SITE ` LOCATION N \ \,��I 0I DANVILLE 'o 9 � I N\° O\0 ♦ 00 \ ♦ ♦ �R 00� LOCATION MAP N.T.S. PARK PJ DLO RONCHETTO HAGEMANN ��� 410 O' N ,` /G RI NER DE -0 i50j o FEET PARK SEWER EXTENSION QUERIO /RONCHETTO SEWER EXTENSION N x Central Contra Costa Attachment r Sanitary District WAYNE AVENUE ALAMO AIM 1 1 DISTRICT PROJECTS 5236 AND 5568 Page 3 of 1 Attachment 62 1 Central Contra • 5019 Imhoff Place, Martinez, Ca 94553 (925) 228 -9500 www.centralsan.org October 16, 2002 Mr. Philip Park 140 Wayne Avenue Alamo, CA 94507 Dear Mr. Park: FAX: (925) 228 -4624 t.HARL.FS W BAT, General Manager KENTONL.ALM Counsel for the District (510) 351 -4300 JOYCE E. MURPHY Secretary of the District NOTICE OF CCCSD STAFF DETERMINATION REGARDING THE UNCOLLECTIBLE REIMBURSEMENT FEE AT 135 WAYNE AVENUE, DANVILLE (JOB 5236; CCCSD GRID LOCATION 78A7) A reimbursement account was established for the public main sewer you installed (Job 5236) and an explanation of the basis for the reimbursement account was provided to you by letter dated February 13, 1998 (a copy is enclosed). The homes at 150 Wayne Avenue (APN 201 - 021 -001) and 149 Wayne Avenue (APN 201 - 022 -001) have been connected directly to the Job 5236 sewer, and you received reimbursement fees for each connection of twenty -five percent of the allowable cost of the project. Recently, the owner of 135 Wayne Avenue (APN 201 - 022 -002) decided to be an installer for Job 5568, a new public main sewer extension, and 135 Wayne Avenue connected to the Job 5568 main sewer. In this case, a Job 5236 reimbursement fee for 135 Wayne Avenue is not collectible. As a consequence of these events, you have recovered fifty percent of the allowable cost for installing Job 5236 rather than the seventy -five percent that was originally thought possible. The Reimbursement Fee Program is provided by CCCSD as a convenience for installers and is governed by CCCSD Code Chapter 6.20 Reimbursement Fees, a copy of which is enclosed for your information. A reimbursement fee is collected from property owners who apply to connect their property directly to a "Standard Facility ", or to a public sewer upstream of and tributary to a "Special Facility ". Since 135 Wayne Avenue did not connect directly to the sewer you installed (Job 5236) which is a Standard Facility, not a Special Facility, a reimbursement fee was not collected. Section 6.20.010 of the enclosed CCCSD Code includes definitions of "Special Facilities" and "Standard Facilities ". Page 4 of 13 ® Recycled Paper UAPlan Rev iew\ Case \Reimbursements \5236. Parks. w pd Mr. Philip Park 140 Wayne Avenue October 16, 2002 Page 2 The District's determinations regard.n ^y the :sues raised in your telephone ails vi October 2, 2002 are discussed below. • Job 5236 is a "Standard Facility" - You installed Job 5236, an eight inch diameter pubic main sewer. Eight inches is the minimum size required for a public main, and the pipe size is determined by maintenance requirements. You did not incur additional cost to provide additional capacity for the upstream sewer. The depth of the main sewer is less than twenty feet, so your project does not merit consideration as a Special Facility based upon depth. Further, conventional construction techniques were used to construct your project, and the main sewer and its appurtenances are ordinary so your project does not merit consideration as a Special Facility based on method or materials of construction. • 135 Wayne Avenue (APN 201 - 022 -002) connected directly to another "Standard Facility ". The owner of 135 Wayne Avenue is one of the installers for Job 5568, also an eight inch diameter public main sewer extension. As one of the installers, the owner at 135 Wayne Avenue would have been a financial participant in this main sewer extension. The home at 135 Wayne Avenue connected directly to Job 5568. Therefore, a reimbursement fee for your project (Job 5236) is uncollectible. This possibility was stated in the following excerpt from the District's February 13, 1998, letter to you: " The District cannot guarantee that all properties which are anticipated to connect to this rebate sewer, as listed above, will eventually connect to your installation. It is possible that some properties may find it more practical and /or convenient to connect to other future public installations. In these instances, the assigned rebate revenue will be considered uncollectible, and your maximum recovery will be reduced accordingly. " Since there are no remaining potential reimbursements possible, the reimbursement account for your project (Job 5236) will be closed. I understand that you are unhappy that circumstances preclude your receiving further reimbursement. Each time staff sets up a reimbursement account, we must determine how many properties could connect. This is not an exact science and sometimes it is hard to anticipate how development will progress in a given neighborhood. In your case, our best judgement of how your neighborhood would be sewered was not correct and as a result you have unfortunately not received the full potential reimbursement. I hope that the above explanation adequately explains the situation and addresses your concerns. Please note that Chapter 1.16 of the CCCSD Code allows any person aggrieved by a final staff decision to request the District Board of Directors to consider the staff decision. You have ten (10) days from your receipt of this letter to request such an appeal hearing. A copy of the code provision is enclosed. Page 5 of 13 UAPlan Review\ Case \ Reim bursements \5236. Parks. wpd Mr. Philip Park 140 Wayne Avenue October 16, 2002 Page 3 If you feel that further discussion of this matter r ould uc ii8lF,fili, please %aii Jack vase at (925) 229 -7335, Jarred Miyamoto -Mills at (925) 229 -7335 or me at (925) 229 -7302 to schedule a meeting. Sincerely, nn Farrell Director of Engineering AF:jb Enclosure U: \Plan Review\ Case \Reimbursements \5236. Parks. wpd Page 6 of 13 FILE ' Central Contra Costa Sanitary District FAX: (5 10) 228-4624 ROGER DOLAN February 13, 1998 ad�1`- . JMMNL &M Cmws1 for dw Dhonct (310) 934-1430 Mr. Philip Parks AAWKY 140 Wayne Avenue �Wy� Alamo, CA 94507 Dear Mr. Parks: PROJECT NO. 5236; ENGINEER: DeBOLT; THOMAS BROS: 78A7 District Project No. 5236 provides future sewer service since it involves the installation of a public sewer adjacent to other currently unsewered parcels. In accordance with the rebate policy of Central Contra Costa Sanitary District (District), you are eligible for a refund of a portion of the project costs from other owners when, and if, house connections are made to the public sewer you installed. You have submitted cost data relating to construction, engineering, and District fees for your project. You have also stated that there are no agreements between you and any other party as to sharing the sewer costs. The rebate service area, as well as the total number of possible connections to the public sewer you installed, has been established by the District, as shown on the attached drawing and enumerated below: Connection* Summary Installer Assessor's Parcel No. Connection 201 - 021 -002 (Parks) 1 201 - 021 -001 201 - 022 -001 201- 022 -002 Subtotal 1 Total Connections Utilization 25% Other Connection 1 1 1 3 4 75% * The number of connection units assigned is dictated by zoning regulations and available building sites. Page 7 of 13 H:\PLANRE V W \HALL \PARKS LTR. W PO ® Recycled Paper Mr. Philip Parks Page 2 February 13, 1998 From the above analysis, your maximum rebate is 75 percent of the acceptable sewer costs as itemized below: Engineering Sanitary District Fees Construction Costs County Fees TOTAL Project Cost Summary $ 1,635.00 1,892.35 20,298.75 905.34 $24,731.44 Using the above figures, the total recovery for the sewer work will be 75 percent of $24,731.44, or $18,548.58. If and when future connections occur on this line, a rebate fee of $6,182.86 per connection would be credited to your account. The District cannot guarantee that all properties which are anticipated to connect to this rebate sewer, as listed above, will eventually connect to your installation. It is possible that some properties may find it more practical and /or convenient to connect to other future public installations. In these instances, the assigned rebate revenue will be considered uncollectible, and your maximum recovery will be reduced accordingly. If no rebate collections have been made at the time of the change, the District may amend the rebate to reflect the changed conditions. Properties remaining in the rebate calculation shall share equally in the reallocation of the uncollectible rebate amount. The collection of rebate fees is subject to a 50 -year time limit, beginning on the date the District accepts the project for use. Outstanding rebate account balances will be adjusted on a quarterly basis to include an allowance for the change in value of the rebate due to changes in the construction price index of the San Francisco Bay Area and an allowance for depreciation based on the useful life of the rebate sewer. The District will review your account once each year between January 15 and April 1 to determine if your account has a fund balance. The District will notify you by certified letter of any accumulated funds collected from connectors. Prior to the release of any funds, the District must receive a letter authorizing disbursement. You may also contact the Permit Section of this office at any time to determine the status of your account. It is your responsibility to keep the District updated of your current address. Failure to do so could result in the forfeiture of all accumulated funds. H:\PLANREVW\HALL\PARKSLTR.WPD Page 8 of 13 Mr. Philip Parks Page 3 February 13, 1998 Please contact me within two weeks of the date of this letter if you have any questions regarding the above analysis. Sincerely, /z- �-j / Dennis Hall Associate Engineer DH:rab Attachment H:\PLANREVW\HALL\PARKSLTR.WPD Page 9 of 13 Ex1sr/N6 TR vN/L sEwF,Z a n /SO o J •_ r AVE y 2 EB.41-& ' � J J�. O lb O. a o -� Q • w ze /- o2z -oo/ 20 /- ot2 =ooz = a RAMON o. CT 1N-4 rAI L E Z - NO IZE49ATE ©i NbN - 1/vs7-ALcFlL : PAV REBATE NO. I V,01( 4-41�5 NuAW0611 0/-' r'o aa9e7 -16 J s OA) PA�r cE� Page 10 of 13 6.20.010 C. Reduction in the efficiency of collection system operations; and d. Potential public health hazards. 2. That construction of public sewage facilities which are sized and designed to provide wastewater utility service to properties other than those owned or to be de- veloped by the installer is necessary for orderly and prop- er extension of wastewater utility service to all such properties which could reasonably be served. 3. That it is therefore necessary to require in- stallers to design and construct public sewage facilities having capacity which exceeds the need attributable to and reasonably related to development of their property. 4. That the cost of public sewage facilities should be fairly and equitably distributed among those customers who will ultimately use the facilities, so that the incremental cost to properly size and design such fa- cilities does not prevent the installation of proper public sewage facilities consistent with the policy stated in this section. 5. That rebate accounts, and rebate fees and charges established under prior ordinances, before June 1, 1998, remain in full effect and shall be considered to be reimbursement accounts, and reimbursement fees under this chapter. C. The purpose of this chapter is to require that public sewage facilities have adequate capacity and are configured to handle the sewage flow from the property which could reasonably be served by the facilities, and to provide for fair and equitable distribution of the costs of such facilities through a reimbursement program. The rules and procedures for establishment of reimbursements, and the collection and disbursement of reimbursement funds are governed by this chapter. D. The following definitions apply to this chapter: 1. "Standard facilities" means public main, local street and collector sewers installed using conventional construction techniques, and ordinary appurtenances to such public sewers, such as manholes and rodding inlets. 2. "Special facilities" means public trunk sewers, interceptor sewers, pumping stations, or public main, local street and collector sewers which require special, uncon- ventional installation techniques, such as tunnels, microtunnels, creek or channel crossings requiring bridges, trestles, culverts, and /or channel modifications, greater than twenty foot trench depth requiring use of trenchless technologies and /or unusually costly shoring or traffic control measures, or other non - standard appurtenances of unusually high cost. 3. "Installer" means a property owner or developer who is financially responsible for installation of standard or special facilities, the capacity of which exceeds the 63 -26 (Contra Costa 7/98) Page 11 of 13 b.20.060 -- 6.20.080 having conducted a properly noticed public hearing, at which oral or written presentations could be made, as part of a regularly scheduled meeting. (Ord. 205 §1(part), 1998) 6.20.060 Notice to affected property owners. At least ten days prior to the public hearing to receive com- ments regarding the adoption of reimbursement fees, the District shall notify the property owner or owners of re- cord of the properties to which such reimbursement fees will be applicable, as identified on the last equalized assessment roll, by U.S. mail of the time and place of the public hearing. The notice shall include a general de- scription of the District's reimbursement fee program, a description of the standard or special facilities installed or to be installed which give rise to the particular reim- bursement fee proposed, and the initial amount of the pro- posed fee. (Ord. 205 §l(part), 1998) 6.20.070 Effective date of reimbursement fees. The reimbursement fee for a particular standard or special facility shall become effective seven days after publica- tion of the ordinance adopting the reimbursement fee for the particular facility. (Ord. 205 §1(part), 1998) 6.20.080 Collection of reimbursement fee deposits. To ensure that all property owners pay their fair and equi- table share of the cost of standard and special facilities, the General Manager -Chief Engineer may establish reimburse- ment fee deposit accounts, determine reimbursement fee deposit amounts, and collect such reimbursement fee depos- its from property owners who apply to connect their proper- ty directly to a standard facility, or to a public sewer upstream of and tributary to a special facility, prior to adoption of a reimbursement fee for the facility. The amount of the reimbursement fee deposit shall be determined by the General Manager -Chief Engineer by the method of Section 6.20.040, substituting estimates of the costs of engineering, right -of -way, construction and bonds for the facility in place of the actual costs therefor. When the reimbursement fee applicable to the facility is adopted by the Board of Directors, the reimbursement fee deposit shall be used to pay the reimbursement fee applicable to the property. Any portion of the deposit, including interest calculated in accordance with California Government Code Section 53079, remaining after payment of the applicable reimbursement fee shall be returned to the property owner. If the applicable reimbursement fee exceeds the deposit, the property owner shall be invoiced by U.S. mail for the difference, and shall pay such amount to the District with- in sixty days of receipt of such invoice. If no applicable reimbursement fee is adopted within one year of the date of 63 -30 (Contra Costa 7/98) Page 12 of 13 6.20.090 -- 6.20.200 the District's acceptance of the facility, the deposit, including interest calculated in accordance with California Government Code Section 53079, shall be returned to the property owner. The District may accept securities in lieu of cash deposits in accordance with current law. (Ord. 205 §1(part), 1998) 6.20.090 Installer's maximum recovery of costs. An installer's maximum recovery of costs for installation of a standard or special facility will be calculated as the sum of all allowable costs of the standard or special facility, less the share of the cost for the installer's use of the standard or special facility based upon the number of in- staller connections or residential unit equivalents as determined by the General Manager -Chief Engineer pursuant to Section 6.20.040. The installer's maximum recovery shall also be reduced by the sum of all applicable reim- bursement program administration charges which may be es- tablished from time to time :by the District Board of Direc- tors, and by the sum of all reimbursement fees waived by the installer pursuant to agreements regarding the sharing of costs between the installer and any other party or par- ties. (Ord. 205 §1(part), 1998) 6 20 100 Apportionment of reimbursement funds when more than one installer. Where there is more than one installer of a standard or special facility, reimbursement funds collected shall be disbursed in proportion to the allowable costs of the project funded by each of the in- stallers and in consideration of the total number of poten- tial connections or residential unit equivalents, as deter- mined by the General Manager -Chief Engineer. (Ord. 205 §1(part), 1998) 6.20.200 Funds and accounts. Funds collected by the District under this chapter-shall be placed in segregated accounts for each project for which reimbursement fees or deposits are established. Between January 1st and April 1st of each year, the District will review each account to determine which accounts have fund balances. The District will notify each installer by U.S. mail to the last known address of the installer of any accumulated funds collected from connectors. Upon written request by the installer, the District will disburse the accumulated funds. The record of each reimbursement account shall show the amount of the installer's maximum recovery of costs as determined pursuant to Section 6.20.090 and as adjusted pursuant to Section 6.20.210. When this amount is collect- ed and paid, collection of reimbursement fees and payments to the installer shall cease, and the reimbursement account shall be closed. 63 -31 (Contra Costa 7/98) Page 13 of 13 0 rMOL CD O =I moh 0 0 Ill O -' CD 0 0) (D CD �W ort �o 2) 0 (D 0 Cn 0 cl) o U) U) rMIL rMIL rMIL �m CD moh CD �m 3 0 2) rt O� 7 > 0 > O S CD sm CL o CD �■ C CL CL 9 m CD rook CD (1) Cr CD CD m V rMIL O-_ - 3 Cr CD rwr ratL cr rMIL CD I:r O CL (D rmqL CD 0 C ■ U) CL C CD Ml V rNfL_ =r �_ �(D .. 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CD cr rMIL Cr 0 MIL m 3 CD =r 0 rMIL co 0 O,,,.,_ C ,�. =3 -' m CL CD C '_"' CL CD — cr Cr C CD m %< l< CD � < � C- CD tD I State Budget Update Governor Takes Initiative to Reduce State Budget Deficit or Goodbye Ad Valorem Tax DOur Situation =19 - • Limited reserves — "funds required" — Lowered reserve — Increased operating expenses — Cash flow Issue • "Soft Landing" action plan — Longterm approach — Annual minor rate adjustments — Loss of property tax not in plan Our Situation =19 - ♦ Current issues — "The Perfect Storm" — Economic pressure — Rate reality — Employee contracts — Increasing capital demands ♦ Loss of tax revenue ($7 million) — Competition for tax dollar — Recover from impact ]How Did This Happen? District Timeline • "It's the economyl" • California tax system, post Prop. 13 January — Start negotiations, Board Financial Workshop, • Energy crisis and politics State budget proposals • 1993 property tax shift • New shift of property taxes from cities, counties, special districts March — Draft District budgets, Decision on Prop. 218 ♦ Increased tax burden ].Governor's Actions District Timeline ♦ Worst fiscal crisis — over $30 billion ♦ $10.2 billion In General Fund savings January — Start negotiations, Board Financial Workshop, ♦ DOT, Health, Education State budget proposals ♦ No cuts In security, no new taxes ♦ Party line on solutions — spendttax ♦ January budget meetings March — Draft District budgets, Decision on Prop. 218 ♦ Probable action after May Budget revision Notes ♦ AB 8 (1993) No property tax for enterprise districts District Timeline January — Start negotiations, Board Financial Workshop, State budget proposals February —Union proposals, State budget battles March — Draft District budgets, Decision on Prop. 218 Notes April — Union contract ends, final District budget changes May— State Budget revisions, District Budget workshop June— MSICG contract ends, Board adopts budget and sets rates JulylAug —State Budget adopted Iternatives Considered e January Workshop to develop a ♦ Reduce capital program — prioritize collection commended course of action system and plant projects rategy for long term budget and rate ♦ Reduce 03M spending — look for further m strategy reductions mmit to four -year strategy for ♦ Reductions now — getting the message out justments to lose of property tax ♦ January WIS — rate impacts, revenue picture ♦ January — June — Develop budget, based on State actions ommendation e January Workshop to develop a ♦ Reaffirm District goals commended course of action f rategy for long term budget and rate ues entify risks and hardships resulting m strategy ♦ Set expectations for future mmit to four -year strategy for - Hire only critical positions justments to lose of property tax ur Vision for the Future ♦ Reaffirm District goals — Responsible rates, compliance, customer service — Focus on core mission ♦ Set expectations for future - Hire only critical positions — Limit overtime — Defer purchases, equipment — Limit travel and conferences ♦ Set a time for expected results - Monitor progress Summary • The loss of property tax not entirely unexpected • Compared to other impacted agencies, District can respond • January Board Workshop to address various budget and rate scenarios • Strategy will require long term rate increases Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: December 19, 2002 No.: 7.a. ENGINEERING Type ofAction: AUTHORIZE AGREEMENT Subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH MONTGOMERY WATSON HARZA FOR THE PRELIMINARY DESIGN OF THE PLANT CONTROL SYSTEM IMPROVEMENTS, DISTRICT PROJECT NO. 7204 Submitted By, . Initiating Dept./Div.: Ba T. Than, Senior Engineer Engineering / Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION: ET'T (�M OM� B. Than . Brennan A. Far General ISSUE: Board of Directors' authorization is required for the General Manager to a professional services agreement in an amount greater than $50,000. RECOMMENDATION: Authorize the General Manager to execute a professional services agreement with Montgomery Watson Harza for $180,000 for the preliminary design of the Plant Control System Improvements, District Project 7204. FINANCIAL IMPACTS: The total cost of preliminary design (staff and consultant) of the project will be approximately $300,000. The estimated project construction cost is $3,500,000 with construction projected to begin in spring 2004 and ending June, 2006. ALTERNATIVES /CONSIDERATIONS: An alternative would be to have no project which would adversely affect the reliability of the plant control system. This is not recommended. A second alternative would be to do a series of smaller projects over a period of years. This would drive up the overall cost. BACKGROUND: The treatment plant was put into operation in 1976 and was one of the first computer controlled treatment plants. The plant's original central computer system was put in place to provide all of the automatic control algorithms for the treatment plant. During the past decade, the District has eliminated the old telemetry support hardware and upgraded the computer. The telemetry support hardware has been replaced with programmable logic controllers (PI-Cs), which do have extensive capability to perform logic and execute control algorithms. However, even though the PI-Cs are inherently suited to performing the control logic, most of that functionality for the older areas of the treatment plant is retained in the original system. Newer areas of the plant, such as the headworks and UV disinfection facilities, have most of their control logic in their respective PI-Cs. The computer system primarily provides monitoring and command interface capability of those areas for the plant operators. 12/11/02 L: \Position Papers \BTHAN \7204MHWAgreement.wpd Page 1 of 3 POSITION PAPER Board Meeting Date: December 19, 2002 Subject AUTHORIZE THE GENERAL MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH MONTGOMERY WATSON HARZA FOR THE PRELIMINARY DESIGN OF THE PLANT CONTROL SYSTEM IMPROVEMENTS, DISTRICT PROJECT NO. 7204 The treatment plant staff has located and purchased spare parts over the years. Replacement components for the obsolete system are no longer available. The objective of this project is to evaluate potential hardware and software products to replace the existing central control Modcomp computer system and the eight (8) operator interface terminals based on the criteria developed by District staff. On August 7, 2002, Requests for Proposals (RFP) for the design of the Plant Control System Improvements project were sent to sixteen qualified professional engineering consultant firms: ATEEM Electrical Engineering, Inc., Berryman and Henigar, Black & Veatch, Carollo Engineers, Conestoga Rovers & Associates, Inc., Control Manufacturing Company, Inc., Damon S. Williams Associates, Electrical and Control System Engineering, Electronic Visions Inc., Hinz Automation, Montgomery Watson Harza, Queue Systems, V & A Consulting Engineers, Western Technology Marketing, Westin Technology, and Winzler & Kelly. On September 20, 2002, four firms responded to the RFP, and all four of these firms were invited for interviews: Carollo Engineers, Electrical and Control System Engineering, Montgomery Watson Harza, and Westin Technology. These four firms had excellent credentials, made superior presentations, and could certainly perform the tasks adequately. Based on the interviews, Montgomery Watson Harza (MWH) was selected because they presented the best overall team, costs, and technical approach. A preliminary design contract valued at $180,000 was negotiated with MWH to identify the required modifications and enhancements of this control system. Staff normally performs the design and preparation of contract documents prior to advertising for public bidding. However, on some projects, such as this Plant Control System Improvements, the design and public bidding should be evaluated as the design progresses. Staff recommends implementation of this project in phases. The first phase will be a preliminary design phase in which the consultant will evaluate and recommend a new control system. This phase will include an evaluation on the most beneficial method of implementation of the system to allow for a smooth transition while minimizing impacts to the treatment plant process and monitoring. During the preliminary design phase, staff and District Counsel will evaluate the recommended method of implementation for this project. There are several possible implementation methods to be considered, such as design /bid /build, design /build, or procurement/installation. The preliminary design phase is scheduled to start immediately and will be completed by December, 2003. Hereafter, 12/11/02 LAPosition Papers \BTHAN \7204MHWAgreement.wpd Page 2 of 3 POSITION PAPER Board Meeting Date: December 19, 2002 Subject. AUTHORIZE THE GENERAL MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH MONTGOMERY WATSON HARZA FOR THE PRELIMINARY DESIGN OF THE PLANT CONTROL SYSTEM IMPROVEMENTS, DISTRICT PROJECT 7204 staff will present to the Board the recommended method of implementation and request additional funds to complete this project. Staff has concluded that this project is exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines Section 18.2, since it involves minor alterations to existing sewage facilities with no increase in capacity. The Board of Directors' approval of this project will constitute an independent finding that this project is exempt from CEQA. RECOMMENDED BOARD ACTION: Authorize the General Manager to execute a professional services agreement with Montgomery Watson Harza in the amount of $180,000 for the preliminary design of the Plant Control System Improvements, District Project No. 7204. 12/11/02 LAPosition Papers \BTHAN \7204MHWAgreement.wpd Page 3 of 3 610 U A r/ .'� l � y 5 L J - � tt A ae o P r � as � w gqy A Mpg ^F r �� N i� per. eI�YF 610 U A r/ W z a H 0 •O V1 � O Z O H U z w ^A Cld O O U 0 O O . . 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