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HomeMy WebLinkAbout1/9/2003 AGENDA BACKUPCentral Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: January 9, 2003 No.: 4.a. CONSENT CALENDAR Type of Action: AUTHORIZE RECORDING subject: ADOPT A RESOLUTION AUTHORIZING STAFF TO RECORD THE AGREEMENT BETWEEN THE DISTRICT AND LLOYD AND JANE CARONE PERTAINING TO A TEMPORARY PRIVATE SANITARY SEWER CONNECTION FOR 2477 RELIEZ VALLEY ROAD, MARTINEZ (APN 365- 150 -078), JOB 3048 Submitted By: Initiating Dept. /Div.: Jack Case, Associate Engineer Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACT N: J. Case J. Miyamoto -Mills Swanson A. Farrell Charles . B s, General Ma ager ISSUE: Board authorization is required for staff to record legal agreements for temporary private sewer connections. RECOMMENDATION: Adopt a resolution authorizing staff to record the agreement between the District and Lloyd and Jane Carone pertaining to a temporary private sewer connection for 2477 Reliez Valley Road, Job No. 3048. FINANCIAL IMPACTS: Mr. and Mrs. Carone have already paid connection and inspection charges. ALTERNATIVES /CONSIDERATIONS: Not Applicable BACKGROUND: Mr. and Mrs. Carone's home is located at 2477 Reliez Valley Road in Martinez. The Carone's home was on a failed septic system. The nearest District public sewer system is in Sage Drive. Sage Drive and 2477 Reliez Valley Road are shown on Exhibit 1. The public sewer system is approximately 25 feet higher than the elevation of the subject property. The closest gravity public sewer system connection is 8,000 feet away from 2477 Reliez Valley Road at the intersection of Alhambra Valley Road and Gilbert Lane also shown on Exhibit 1. It is not feasible for the Carones to construct 8,000 feet of sewer. Staff proposed the following terms to address the Carone's request for sanitary sewer service • Mr. and Mrs. Carone will, at their sole cost, install a temporary, private residential pump and sewer connection from their property to the public sewer in Sage Drive. 1/2/03 U: \Position Papers \Case \CaroneResolutionPP.wpd Page 1 of 3 POSITION PAPER Board Meeting Date: January 9, 2003 subject: ADOPT A RESOLUTION AUTHORIZING STAFF TO RECORD THE AGREEMENT BETWEEN THE DISTRICT AND LLOYD AND JANE CARONE PERTAINING TO A TEMPORARY PRIVATE SANITARY SEWER CONNECTION FOR 2477 RELIEZ VALLEY ROAD, MARTINEZ (APN 365- 150 -078), JOB 3048 • If and when public sewer access is provided to the subject property, the Carones will pay their share of the cost of the public sewer and connect to it within 180 days after the public sewer is accepted by the District. • Thereafter, the Carones will abandon the temporary private sewer, or the District will abandon it at the expense of the Carones. • The Carones have signed the agreement containing the above conditions which, when recorded, will provide notice to potential future buyers of the subject property of the temporary nature of the sewer connection and potential liability for costs associated with connection to the public sewer system. RECOMMENDED BOARD ACTION: Adopt a resolution authorizing staff to record the agreement between the District and Lloyd and Jane Carone pertaining to a temporary private sewer connection for 2427 Reliez Valley Road (APN 365- 150 -078), Job. No. 3948. 1/2/03 U: \Position Papers \Case \CaroneResolutionPP.wpd Page 2 of 3 zpt- JOHN SWErr CHOOL ...._............ FUTURES CONNECTION G LOCATION MAP SITE Page 3 of 3 N.T.S. 6 0 / X CP / / pP t Q V / i \.l / 1 J� _- - - - -- J- Q 5 LEGEND: EXISTING MANHOLE - -- EXISTING SEWER LINE ISTq p E� N O/q o TEMPORARY SEWER LINE �O a x� FUTURE CONNECTION o 400 SITE FEET 0 u x Central Contra Costa Exhibit Sanitary District BOUNDARY MAP - JOB 3048 SAGE DRIVE, MARTINEZ 1 KL Page 3 of 3 Central Contra Costa Sanitary District /4"1 ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: January 9, 2003 No.: 4. b. CONSENT CALENDAR Type of Action: SET DATE FOR PUBLIC HEARING Subject: ESTABLISH FEBRUARY 6, 2003, AS THE DATE FOR A PUBLIC HEARING TO RECEIVE COMMENTS ON PROPOSED REIMBURSEMENT FEE FOR THE PROPERTIES WHICH COULD CONNECT TO JOB 5480. Submitted By: Initiating Dept. /Div.: Jack Case, Associate Engineer Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTIN. OLam- P)A- ' QW J. Case J. Miyamoto -Mills . Swanson A. Farrell General M i V ISSUE: When a Reimbursement Fee is proposed for properties which could connect to a "standard facility" installed by private individuals, the District Code requires that a public hearing be held prior to the Board of Directors' adoption of the fee. RECOMMENDATION: Establish the Board's regularly scheduled meeting on February 6, 2003, as the date for a public hearing to receive comments on a proposed Reimbursement Fee for properties which could connect to a sewer identified as Job 5480. FINANCIAL IMPACTS: None related to this action. ALTERNATIVES /CONSIDERATIONS: Not Applicable BACKGROUND: Design and construction of Job 5480, a main extension in Estates Drive and Canyon Road, Lafayette, was paid for by private individuals. After a project is completed by the installer and accepted by the District, the installer contributes the project to the District for public use. Non - installer properties may connect to the contributed pubic sewer. The District Code provides for a Reimbursement Fee to the installer, so the installer may recover a portion of the cost for the contributed "facility ". The proposed Reimbursement Fee would be collected from property owners in the area of the project when they connect to the sewer system. This collected fee would then be disbursed to the installers of the project. The District Code requires that a notice of public hearing be mailed to owners of properties to which the fee could be applicable at least ten days in advance of the date set for the hearing. The notice will include a general description of the reimbursement fee program, a description of the facility that was constructed which give rise to the proposed fee, and the amount of the proposed fee. 1/2/03 WPosition Papers \Case \PubHearReimFees03.wpd Page 1 of 3 POSITION PAPER Board Meeting Date: January 9, 2003 Subject: ESTABLISH FEBRUARY 6, 2003, AS THE DATE FOR A PUBLIC HEARING TO RECEIVE COMMENTS ON PROPOSED REIMBURSEMENT FEE FOR THE PROPERTIES WHICH COULD CONNECT TO JOB 5480. RECOMMENDED BOARD ACTION: Establish the Board's regularly scheduled meeting on February 6, 2003, as the date for a public hearing to receive comments on the proposed Reimbursement Fee for properties which could directly connect to the sewer identified as Job 5480. 1/2/03 U: \Position Papers \Case \PubHearReimFees03.wpd Page 2 of 3 ATTACHMENT 1 Location Map Page 3 of 3 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: January 9, 2003 No•: 5.a. HEARINGS Type of Action: CONDUCT HEARING; ADOPT RESOLUTION subject: CONDUCT A HEARING TO RECEIVE COMMENTS ON AND CONSIDER ADOPTION OF A RESOLUTION OF NECESSITY FOR THE ACQUISITION OF PUBLIC EASEMENTS FOR SANITARY SEWER PURPOSES AND AUTHORIZING EMINENT DOMAIN PROCEEDINGS FOR THE WENDT RANCH OFFSITE SEWER, DISTRICT PROJECT NO. 5436 Submitted By: Initiating Dept. /Div.: Jarred Miyamoto -Mills Engineering /Environmental Services Principal Engineer REVIEWED AND RECOMMENDED FOR BOARD ACTION. J. Miyamoto -Mills . Swanson A. Farrell . Alm harles atts < General Manag ISSUE: Easements for a proposed gravity sewer to serve the Wendt Ranch development are needed to avoid construction and operation of an additional pumping station. The District may exercise the power of eminent domain to acquire public easements only if the Board of Directors adopts a Resolution of Necessity that meets the requirements of California eminent domain laws. Prior to adoption of such a Resolution, the Board must first hold a properly noticed hearing to allow affected property owners to appear and be heard. RECOMMENDATION: Conduct a hearing to receive input from affected property owners regarding the staff - proposed Resolution of Necessity for the Acquisition of Public Easements for Sanitary Sewer Purposes and Authorizing Eminent Domain Proceedings for the Wendt Ranch Offsite Sewer, District Project No. 5436. A copy of the proposed Resolution is presented as Attachment 1. After concluding the hearing and considering all evidence presented, adopt the proposed Resolution of Necessity authorizing the acquisition of temporary construction easements and permanent easements for sanitary sewer purposes by eminent domain, filing of the eminent domain action, deposit of the amount of probable compensation, and the application for an Order of Possession. FINANCIAL IMPACTS: The compensation to be paid to property owners for the acquisition of the proposed easements is not a matter to be considered by the Board of Directors at the hearing. An agreement between the District and Shapell Industries of Northern California ( Shapell), developer of the Wendt Ranch project, requires that Shapell reimburse the District for all of the costs incurred to acquire the easements. 1/2/03 U: \Position Papers \Miyamoto - Mills \01- 09- -1.WPD Page 1 of 5 POSITION PAPER Board Meeting Date: January 9, 2003 subject: CONDUCT A HEARING TO RECEIVE COMMENTS ON AND CONSIDER ADOPTION OF A RESOLUTION OF NECESSITY FOR THE ACQUISITION OF PUBLIC EASEMENTS FOR SANITARY SEWER PURPOSES AND AUTHORIZING EMINENT DOMAIN PROCEEDINGS FOR THE WENDT RANCH OFFSITE SEWER, DISTRICT PROJECT NO. 5436 ALTERNATIVES /CONSIDERATIONS: The Board could elect not to adopt the proposed Resolution of Necessity, could continue the hearing, could conclude the hearing and defer its decision to a future date, or could direct staff to pursue another sewer route. If easements for a feasible sewer alignment are not acquired by the District, however, a new pumping station and forcemain to Camino Tassajara would be required to serve the Wendt Ranch development. This would be contrary to the District's policy to avoid the proliferation of additional pumping stations and their associated environmental and economic costs. BACKGROUND: Planning for sewer service to the Wendt Ranch development began in the late 1980s when the Lawrence /Leema Road Specific Plan was being developed by the Town of Danville. General sewer routes for areas east of Lawrence Road (including Wendt Ranch) were included in the final Specific Plan approved by the Town in September 1992. In 1996, the County approved the General Plan Amendment for the Wendt Ranch development and certified the EIR for the project. The District's preferred gravity sewer alternative was included in the EIR. In 1997, the Board of Directors approved District Annexation 135, the Wendt Ranch Boundary Reorganization (to include the property within the District's boundaries), and the "Specific Facilities Plan for Wastewater Utility Service to the Dougherty Valley and Tributary Areas." Lawrence Road and Wendt Ranch were two of the tributary areas approved for service via gravity sewers in Lawrence Road, Gale Ranch, Windemere and the Dougherty Valley Tunnel and Trunk Sewer Project to avoid the need for additional pumping stations. The Wendt Ranch development has received all permits and approvals required to begin construction. Grading, infrastructure installation and model home construction is underway on the site. The first sewer connections will be needed in the Spring of 2003. The developer has requested that CCCSD identify the appropriate route for sanitary sewer facilities to serve the development, and to assist in the acquisition of right of way for those facilities, if necessary. Since the late 1980s, several alternative gravity sewer routes to serve this area have been studied to avoid the need for an additional pumping station and its associated environmental and economic costs (use of electrical energy, materials, equipment, vehicle trips and staff labor required for operations and maintenance; noise and odor impact mitigation; and the additional risk of wastewater overflow associated with the potential 1/2/03 WPosition Papers \Miyamoto - Mills \01 -09 1.WPD Page 2 of 5 POSITION PAPER Board Meeting Date: January 9, 2003 subject: CONDUCT A HEARING TO RECEIVE COMMENTS ON AND CONSIDER ADOPTION OF A RESOLUTION OF NECESSITY FOR THE ACQUISITION OF PUBLIC EASEMENTS FOR SANITARY SEWER PURPOSES AND AUTHORIZING EMINENT DOMAIN PROCEEDINGS FOR THE WENDT RANCH OFFSITE SEWER, DISTRICT PROJECT NO. 5436 failure of mechanical, electrical and control system equipment). These studies are summarized in the Wendt Ranch Offsite Sewer Alternatives Report (Attachment 2 to this Position Paper). The staff - recommended gravity sewer route is "Alternative One" in the report, and is described and shown in Exhibits "A" and "B" of the proposed Resolution of Necessity (Attachment 1). Staff has been working on acquisition of the proposed easements for nearly three years. Formal "Offers to Purchase Easements" were made to Howard and Lettie Siu (1465 Lawrence Road - APN 206 - 160 -017), and James Richards and Bette Brockman (1463 Lawrence Road - APN 206 - 160 -019) in November 2002, and negotiations are ongoing. To date, however, staff has been unable to conclude the purchase of the easements. To meet the schedule for connection of new homes to the public sewer system, staff recommends initiation of eminent domain proceedings to acquire the easements. The hearing to receive comments from the affected property owners and to consider adoption of the Resolution of Necessity was properly noticed per California eminent domain laws. Proof of Service for the notices are included as Exhibit "C" and "D" of the proposed Resolution Of Necessity (Attachment 1). The environmental impacts of the Wendt Ranch Offsite Sewer were addressed in the County's 1996 EIR for Wendt Ranch. The Board of Directors reviewed and considered this EIR during its deliberations regarding the Wendt Ranch Boundary Reorganization and established its independent findings that the environmental impacts of providing wastewater utility service will be reduced to less- than - significant levels through implementation of the mitigation measures required of the project by Contra Costa County. CCCSD may not require a subsequent EIR unless: 1) substantial changes or additions are proposed for the project that will require major revisions to the 1996 EIR, 2) there are substantial changes to the circumstances under which the project is being undertaken that will require major revisions to the 1996 EIR, or 3) new information of substantial importance to the project becomes available which was not known and could not have been known at the time the 1996 EIR was certified. Although there have been numerous claims of changed circumstances, primarily concerning issues related to endangered species, after careful consideration, staff concluded that there have been no such changes, additions or new information which would require a subsequent EIR or other additional CEQA compliance document. 1/2/03 WPosition Papers \Miyamoto - Mills \01- 09- -1.WPD Page 3 of 5 POSITION PAPER Board Meeting Date: January 9, 2003 subject: CONDUCT A HEARING TO RECEIVE COMMENTS ON AND CONSIDER ADOPTION OF A RESOLUTION OF NECESSITY FOR THE ACQUISITION OF PUBLIC EASEMENTS FOR SANITARY SEWER PURPOSES AND AUTHORIZING EMINENT DOMAIN PROCEEDINGS FOR THE WENDT RANCH OFFSITE SEWER, DISTRICT PROJECT NO. 5436 A letter to the Board of Directors (dated December 31, 2002) from Marie A Cooper of Bingham McCutchen LLP, attorney for Shapell, regarding the Hearing on the proposed Resolution of Necessity was received on January 2, 2003. A copy of the letter is presented as Attachment 3. Five enclosures, totaling about 275 pages, were included with the letter. Staff and District Counsel have reviewed the letter and enclosures which are available for review in the office of the Secretary of the District. RECOMMENDED BOARD ACTION: Conduct a hearing to receive input from affected property owners regarding the staff - proposed Resolution of Necessity for the Acquisition of Public Easements for Sanitary Sewer Purposes and Authorizing Eminent Domain Proceedings for the Wendt Ranch Offsite Sewer, District Project No. 5436. The following issues must be addressed in the hearing: 1 . Whether the public interest and necessity require the proposed project; 2. Whether the proposed project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; 3. Whether the easements sought to be acquired by eminent domain and described in Exhibit "A" and Exhibit "B" of the proposed Resolution of Necessity (Attachment 1) are necessary for the proposed project; 4. Whether the offers suggested by Government Code section 7267 together with accompanying statements and summaries of the basis for the amount established as just compensation, were actually made to the affected property owners and whether said offers and statements /summaries were in the form and contained all of the factual information listed in Government Code section 7267.2(a) and (b). 5. Whether the District has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain (the "right to take ") to acquire the easements described in Exhibit "A" and Exhibit "B" of the proposed Resolution of Necessity (Attachment 1), as well as any other matters regarding the right to take said easements by eminent domain; and 6. Whether the District has the statutory authority to acquire the property by eminent domain. 1/2/03 U: \Position Papers \Miyamoto - Mills \01- 09- -1.WPD Page 4 of 5 POSITION PAPER Board Meeting Date: January 9, 2003 subject: CONDUCT A HEARING TO RECEIVE COMMENTS ON AND CONSIDER ADOPTION OF A RESOLUTION OF NECESSITY FOR THE ACQUISITION OF PUBLIC EASEMENTS FOR SANITARY SEWER PURPOSES AND AUTHORIZING EMINENT DOMAIN PROCEEDINGS FOR THE WENDT RANCH OFFSITE SEWER, DISTRICT PROJECT NO. 5436 After concluding the hearing and considering all evidence presented take the following actions: 1. Make the independent finding that a subsequent EIR or other additional CEQA compliance document is not required for the Wendt Ranch Offsite Sewer, District Project No. 5436, since 1) there have been no substantial changes or additions proposed for the project that will require major revisions to the 1996 EIR; 2) there have been no substantial changes to the circumstances under which the project is being undertaken that will require major revisions to the 1996 EIR; and 3) no new information of substantial importance to the project has become available which was not known and could not have been known at the time the 1996 EIR was certified. 2. Adopt the proposed Resolution of Necessity authorizing the acquisition of temporary construction easements and permanent easements for sanitary sewer purposes by eminent domain, filing of the eminent domain action, deposit of the amount of probable compensation, and the application for an Order of Possession. 1/2/03 UAPosition Papers \Miyamoto - Mills \01- 09-- -1.WPD Page 5 of 5 ATTACHMENT1 RESOLUTION NO. A RESOLUTION OF NECESSITY FOR THE ACQUISITION OF PUBLIC EASEMENTS FOR SANITARY SEWER PURPOSES AND AUTHORIZING EMINENT DOMAIN PROCEEDINGS FOR THE WENDT RANCH OFFSITE SEWER, DISTRICT PROJECT NO. 5436 WHEREAS, the territory generally known as the Wendt Ranch development in the unincorporated area of Contra Costa County has been annexed to the Central Contra Costa Sanitary District ( "District ") and the Contra Costa County Local Agency Formation Commission filed a Certificate of Completion which was recorded on March 4, 1998 as Document #98 -44261 in the office of the Contra Costa County Recorder; and WHEREAS, the Wendt Ranch development project was approved and its Environmental Impact Report was certified by the Contra Costa County Board of Supervisors in 1996; and WHEREAS, early planning for wastewater utility service to potential development in the Wendt Ranch area was documented in the "Public Facilities" chapter of the Lawrence/Leema Road Specific Plan (September 1992) adopted by the Town of Danville wherein "possible locations for sanitary sewer connections to accommodate potential development out of the plan area" including the route that is the subject of this Resolution of Necessity were shown on Figure 11, the "Utility Plan" exhibit of said Specific Plan; and WHEREAS, the "Specific Facilities Plan for Wastewater Utility Service to Dougherty Valley and Tributary Properties" approved by the District Board of Directors in September 1997 envisioned gravity service from the Wendt Ranch and neighboring developments via Lawrence Road to the planned Dougherty Valley public sewer system to avoid the proliferation of additional pumping stations and their associated environmental and economic costs (use of electrical energy, materials, equipment, vehicle trips and staff labor required for operations and maintenance; noise and odor impact mitigation; and the additional risk of wastewater overflow associated with the potential failure of mechanical, electrical, and control system equipment); and WHEREAS, the District intends to require construction of, own, operate and maintain public sewers, together with related improvements, for the principal purpose of providing wastewater utility service, a public use, to future residents in the Wendt Ranch development and to carry out and make effective this principal purpose and function of the District pursuant to Code of Civil Procedures section 1240.120(a), and, in connection with such principal use, acquire interests in certain real property; and A Resolution of Necessity for the Acquisition of Public Easements for Sanitary Sewer Purposes and Authorizing Eminent Domain Proceedings for the Wendt Ranch Offsite Sewer, District Project No. 5436 Page 2 WHEREAS, the District has identified the need to acquire permanent easements and temporary construction easements for said purposes, which permanent and temporary construction easements are described in Exhibit "A" and Exhibit "B" hereto and by this reference made a part hereof; and WHEREAS, the District is authorized to acquire the easements described in Exhibit "A" and Exhibit "B" herein and exercise the power of eminent domain for the public use set forth herein in accordance with the California Constitution and eminent domain laws, Code of Civil Procedure section 1230.010 et seq., and pursuant to California Health and Safety Code Sections 6512 and 6514; and WHEREAS, the easements to be acquired consist of two (2) permanent easements and two (2) temporary construction easements on Contra Costa County Assessor's Parcel No. 206- 160 -017, and one (1) permanent easement and two (2) temporary construction easements on Contra Costa County Assessor's Parcel No. 206 - 160 -019, all located within the boundaries of the District in the Lawrence Road area of the Town of Danville, Contra Costa County, State of California; and WHEREAS, on December 20, 2002 (for APN 206- 160 -017), and on December 21, 2002 (for APN 206 - 160 -019), the District mailed notice that the Board of Directors would conduct a Hearing to consider adoption of a Resolution of Necessity to acquire the easements described in Exhibit "A" and Exhibit "B" by eminent domain ( "Notice of Hearing ") to all persons whose names appear on the last equalized Contra Costa County Assessment Roll as having an interest in the property described in Exhibit "A" or Exhibit "B" at the addresses appearing on said Roll. Said Notice of Hearing advised said persons of their right to be heard on the matters referred to therein on January 9, 2003 at 2:00 p.m., or as soon thereafter as the matter may be heard, in the District Board of Directors Meeting Room, 5019 Imhoff Place, Martinez, California. Proof of Service for said notices, are attached hereto as Exhibit "C" and Exhibit "D ", and are by this reference made a part hereof; and WHEREAS, the hearing referred to in said Notice of Hearing was conducted by the District Board of Directors on January 9, 2003 in the District Board of Directors Meeting Room, 5019 Imhoff Place, Martinez, California; and all interested parties were given an opportunity to be heard; and thereupon, the hearing was closed; and WHEREAS, all oral and documentary evidence has been duly considered. A Resolution of Necessity for the Acquisition of Public Easements for Sanitary Sewer Purposes and Authorizing Eminent Domain Proceedings for the Wendt Ranch Offsite Sewer, District Project No. 5436 Page 3 NOW, THEREFORE, based upon the evidence presented, the Board of Directors of the Central Contra Costa Sanitary District does FIND, DETERMINE AND RESOLVE as follows: The public interest and necessity require the proposed project. 2. The proposed project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury. 3. The easements described herein in Exhibit "A" and Exhibit "B" are necessary for the proposed project. 4. While not required for acquisition of easements for subsurface sewers, nonetheless, offers in the form suggested by section 7267 of the California Government Code, together with accompanying summaries of the basis for the amount established as just compensation, were made to the owners of record for each affected property, which offers and accompanying summaries were in a form and contained all of the factual disclosures listed in Government Code section 7267.2(a) and (b). 5. All conditions and statutory requirements necessary to exercise the power of eminent domain ( "the right to take ") to acquire the property described herein have been complied with by the District. 6. The District has the statutory authority to acquire easements by eminent domain in accordance with California Health and Safety Code sections 6512 and 6514. BE IT FURTHER RESOLVED THAT: The Counsel for the District, Kenton L. Alm, is hereby authorized and empowered: To acquire in the name of the Central Contra Costa Sanitary District, by condemnation, the property (easements) described in Exhibit "A" and Exhibit "B" in accordance with the provisions of the California Eminent Domain Law and the Constitution of California. 2. To prepare or have prepared and to prosecute or to retain counsel to prosecute in the name of the Central Contra Costa Sanitary District such proceedings in the proper court as are necessary for such acquisition. A Resolution of Necessity for the Acquisition of Public Easements for Sanitary Sewer Purposes and Authorizing Eminent Domain Proceedings for the Wendt Ranch Offsite Sewer, District Project No. 5436 Page 4 3. To deposit the probable amount of compensation, based on an appraisal, and to apply to said court for an order permitting the District to take immediate possession and use of said property for said public uses and purposes. PASSED AND ADOPTED this Vh day of January, 2003, by the District Board of Directors by the following vote: AYES: NOES: ABSENT: President of the Board of Directors of the Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Joyce E. Murphy, Secretary of the Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to form: Kenton L. Alm, District Counsel A Resolution of Necessity for the Acquisition of Public Easements for Sanitary Sewer Purposes and Authorizing Eminent Domain Proceedings for the Wendt Ranch Offsite Sewer, District Project No. 5436 EXHIBIT "A": LEGAL DESCRIPTIONS OF PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR SANITARY SEWER PURPOSES -SIU PROPERTY (APN 206 - 160 -017), PAGE 1 PERMANENT SANITARY SEWER EASEMENT: PARCEL 1 (DRIVEWAYI "FLAGPOLE" AREA) A nonexclusive subsurface easement and nonexclusive surface easement for sanitary sewer purposes including, but not limited to, the right to construct, reconstruct, renew, alter, operate, maintain, replace (either the initial or any other size) and repair sewer pipelines and all necessary maintenance access structures, laterals and appurtenances thereto, together with the free right of ingress, egress and emergency access to said easement, provided that said ingress, egress and emergency access shall be limited to established roadways, pathways, avenues or other routes to the extent possible and as reasonably necessary for the proper use of said easement, and the right to clear obstructions and vegetation from said easement area as may be required for the proper use of said easement, over and within that certain real property described as follows: A PORTION OF PARCEL "C" AS SHOWN ON PARCEL MAP MS 140 -80, FILED JANUARY 20, 1982, IN BOOK 99 OF PARCEL MAPS AT PAGE 30, CONTRA COSTA COUNTY RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF PARCEL "A", AS SAID PARCEL IS SHOWN ON SAID PARCEL MAP MS 140 -80 (99 PM 30) WITH THE NORTHWESTERLY LINE OF SAID PARCEL "C ", SAID POINT OF BEGINNING BEING ON THE EAST RIGHT OF WAY LINE OF LAWRENCE ROAD, THENCE ALONG THE EXTERIOR BOUNDARY LINE OF SAID PARCEL "C" SOUTH 75 024'02" EAST 64.080 METERS; THENCE SOUTH 85 018'44" EAST 28.634 METERS TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 6.096 METERS; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE 11.172 METERS THROUGH A CENTRAL ANGLE OF 105 000'00 "; THENCE NORTH 10 041'16" EAST 4.572 METERS; THENCE NORTH 79 041'16" EAST 7.620 METERS; THENCE SOUTH 10 018'44" EAST 6.184 METERS TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 6.096 METERS; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 10.364 METERS THROUGH A CENTRAL ANGLE OF 97 024'49" TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 53.340 METER, A RADIAL LINE TO THE BEGINNING OF SAID COMPOUND CURVE BEARS SOUTH 17 043'33" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE 12.648 METERS THROUGH A CENTRAL ANGLE OF 13 035'11" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 60.960 METERS; A RADIAL LINE TO THE BEGINNING OF SAID REVERSE CURVE BEARS SOUTH 31018'44" EAST; A Resolution of Necessity for the Acquisition of Public Easements for Sanitary Sewer Purposes and Authorizing Eminent Domain Proceedings for the Wendt Ranch Offsite Sewer, District Project No. 5436 EXHIBIT "A": LEGAL DESCRIPTIONS OF PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR SANITARY SEWER PURPOSES -SIU PROPERTY (APN 206 - 160 -017), PAGE 2 THENCE EASTERLY ALONG THE ARC OF SAID CURVE 45.750 METERS THROUGH A CENTRAL ANGLE OF 43 000'00 "; THENCE SOUTH 78 018'44" EAST 14.015 METERS; THENCE LEAVING THE EXTERIOR BOUNDARY LINE OF SAID PARCEL "C" SOUTH 01 052 "16" WEST 4.640 METERS; THENCE NORTH 78 018'44" WEST 14.806 METERS TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 56.388 METERS; THENCE WESTERLY ALONG THE ARC OF SAID CURVE 42.319 METERS THROUGH A CENTRAL ANGLE OF 43 000'00" TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 57.912 METERS, A RADIAL LINE TO THE BEGINNING OF SAID REVERSE CURVE BEARS NORTH 31018'44" WEST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE 36.387 METERS THROUGH A CENTRAL ANGLE OF 36 000'00'; THENCE NORTH 85 018'44" WEST 30.571 METERS; THENCE NORTH 75 024'02" WEST 63.773 METERS TO THE WEST LINE OF SAID PARCEL "C"(99 M 30); THENCE ALONG SAID WEST LINE NORTH 05 050'45" EAST 4.626 METERS TO THE POINT OF BEGINNING. ATTACHED HERETO IS A PLAT ENTITLED "CENTRAL CONTRA COSTA SANITARY DISTRICT RIGHT OF WAY MAP FOR SEWER, PLAT: PARCEL 1" WHICH BY THIS REFERENCE IS MADE A PART HEREOF. PERMANENT SANITARY SEWER EASEMENT: PARCEL 2 (MAIN/"FLAG" AREA An exclusive subsurface easement and nonexclusive surface easement for sanitary sewer purposes including, but not limited to, the right to construct, reconstruct, renew, alter, operate, maintain, replace (either the initial or any other size) and repair sewer pipelines and all necessary maintenance access structures, laterals and appurtenances thereto, together with the free right of ingress, egress and emergency access to said easement, provided that said ingress, egress and emergency access shall be limited to established roadways, pathways, avenues or other routes to the extent possible and as reasonably necessary for the proper use of said easement, and the right to clear obstructions and vegetation from said easement area as may be required for the proper use of said easement, over and within that certain real property described as follows: A PORTION OF PARCEL "C" AS SHOWN ON PARCEL MAPS MS 140 -80, FILED JANUARY 20, 1982, IN BOOK 99 OF PARCEL MAPS AT PAGE 30, CONTRA COSTA COUNTY RECORDS, DESCRIBED AS FOLLOWS: A STRIP OF LAND, BEING 4.572 METERS WIDE, LYING 2.286 METERS ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: A Resolution of Necessity for the Acquisition of Public Easements for Sanitary Sewer Purposes and Authorizing Eminent Domain Proceedings for the Wendt Ranch Offsite Sewer, District Project No. 5436 EXHIBIT "A ": LEGAL DESCRIPTIONS OF PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR SANITARY SEWER PURPOSES -SIU PROPERTY (APN 206 - 160 -017), PAGE 3 COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL "C" (99 PM 30); THENCE FROM SAID POINT OF COMMENCEMENT, ALONG THE NORTH LINE OF SAID PARCEL "C" SOUTH 89 001'17" EAST 129.613 METERS TO THE TRUE POINT OF BEGINNING OF THE CENTERLINE OF SAID 4.572 METER WIDE STRIP OF LAND, SAID TRUE POINT OF BEGINNING BEING THE BEGINNING OF A NON - TANGENT CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 125.000 METERS, A RADIAL LINE TO THE BEGINNING OF SAID NON - TANGENT CURVE BEARS NORTH 13 017'04" WEST; THENCE FROM SAID TRUE POINT OF BEGINNING LEAVING SAID NORTH LINE OF PARCEL "C" SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 50.142 METERS THROUGH A CENTRAL ANGLE OF 22 059'00" THENCE SOUTH 53 043'56" WEST 108.174 METERS TO A POINT ON THE WEST LINE OF SAID PARCEL "C" (99 PM 30). THE SIDELINES OF SAID 4.572 METER WIDE STRIP TO BE LENGTHENED OR SHORTENED SO AS TO TERMINATE AT THE NORTH AND WEST LINES OF SAID PARCEL "C" (99 PM 30). ATTACHED HERETO IS A PLAT ENTITLED "CENTRAL CONTRA COSTA SANITARY DISTRICT RIGHT OF WAY MAP FOR SEWER, PLAT: PARCEL 2" WHICH BY THIS REFERENCE IS MADE A PART HEREOF. TEMPORARY CONSTRUCTION EASEMENT: PARCEL 1 -TCE (DRIVEWAY / "FLAGPOLE" AREA) A Temporary Construction Easement, commencing on April 1, 2003 and terminating on October 31, 2003, including, but not limited to, the right to use said Temporary Construction Easement for all purposes connected with design and construction of the Wendt Ranch Offsite Sewer, including, but not limited to, the storage, use, and operation of tools, machinery, materials and equipment by the Central Contra Costa Sanitary District, and its contractors and permitees, together with the right of ingress to and egress from said Temporary Construction Easement at all reasonable times, over and upon that certain real property described as follows: A PORTION OF PARCEL "C" AS SHOWN ON PARCEL MAP MS 140 -80, FILED JANUARY 20, 1982, IN BOOK 99 OF PARCEL MAPS AT PAGE 30, CONTRA COSTA COUNTY RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF PARCEL "B ", AS SAID PARCEL IS SHOWN ON SAID PARCEL MAP MS 140 -80 (99 PM 30) WITH THE NORTHWESTERLY LINE OF SAID PARCEL "C ", SAID POINT OF BEGINNING BEING ON THE EAST RIGHT OF WAY LINE OF LAWRENCE ROAD, THENCE ALONG THE A Resolution of Necessity for the Acquisition of Public Easements for Sanitary Sewer Purposes and Authorizing Eminent Domain Proceedings for the Wendt Ranch Offsite Sewer, District Project No. 5436 EXHIBIT "A ": LEGAL DESCRIPTIONS OF PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR SANITARY SEWER PURPOSES -SIU PROPERTY (APN 206 - 160 -017), PAGE 4 EXTERIOR BOUNDARY LINE OF SAID PARCEL "C ", NORTH 05 °50'45" EAST 3.084 METERS; THENCE DEPARTING FROM THE EXTERIOR BOUNDARY LINE OF SAID PARCEL "C ", SOUTH 75 °24'02" EAST 63.773 METERS; THENCE SOUTH 85 °18'44" EAST 30.571 METERS TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 57.912 METERS; THENCE EASTERLY ALONG THE ARC OF SAID CURVE 36.387 METERS THROUGH A CENTRAL ANGLE OF 36 000'00" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 56.388 METERS, A RADIAL LINE TO THE BEGINNING OF SAID CURVE BEARS SOUTH 31018'44" EAST; THENCE ALONG THE ARC OF SAID CURVE 42.319 METERS THROUGH A CENTRAL ANGLE OF 43 °00'00 "; THENCE SOUTH 78 °18'44" EAST 14.806 METERS; THENCE SOUTH 01 052'16" WEST 3.093 METERS TO A POINT ON THE EXTERIOR BOUNDARY LINE OF SAID PARCEL "C "; THENCE ALONG THE EXTERIOR BOUNDARY LINE OF SAID PARCEL "C ", NORTH 78 018'44" WEST 15.333 METERS TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 53.340 METERS; THENCE WESTERLY ALONG THE ARC OF SAID CURVE 40.031 METERS THROUGH A CENTRAL ANGLE OF 43 000'00" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 60.960 METERS, A RADIAL LINE TO THE BEGINNING OF SAID CURVE BEARS NORTH 31018'4411 WEST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE 38.302 METERS THROUGH A CENTRAL ANGLE OF 36 000'00 "; THENCE NORTH 85 °18'44" WEST 30.843 METERS; THENCE NORTH 75 024'02" WEST 63.561 METERS TO THE POINT OF BEGINNING. ATTACHED HERETO IS A PLAT ENTITLED "CENTRAL CONTRA COSTA SANITARY DISTRICT TEMPORARY RIGHT OF WAY MAP FOR SEWER, PLAT: PARCEL 1 -TCE" WHICH BY THIS REFERENCE IS MADE A PART HEREOF. TEMPORARY CONSTRUCTION EASEMENT: PARCEL 2 -TCE (MAIN / "FLAG' AREA) A Temporary Construction Easement, commencing on April 1, 2003 and terminating on October 31, 2003, including, but not limited to, the right to use said Temporary Construction Easement for all purposes connected with design and construction of the Wendt Ranch Offsite Sewer, including, but not limited to, the storage, use, and operation of tools, machinery, materials and equipment by the Central Contra Costa Sanitary District, and its contractors and permitees, together with the right of ingress to and egress from said Temporary Construction Easement at all reasonable times, over and upon that certain real property described as follows: A Resolution of Necessity for the Acquisition of Public Easements for Sanitary Sewer Purposes and Authorizing Eminent Domain Proceedings for the Wendt Ranch Offsite Sewer, District Project No. 5436 EXHIBIT "A ": LEGAL DESCRIPTIONS OF PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR SANITARY SEWER PURPOSES -SIU PROPERTY (APN 206 - 160 -017), PAGE 5 A PORTION OF PARCEL "C" AS SHOWN ON PARCEL MAP MS 140 -80, FILED JANUARY 20, 1982, IN BOOK 99 OF PARCEL MAPS AT PAGE 30, CONTRA COSTA COUNTY RECORDS, DESCRIBED AS FOLLOWS: ALL OF SAID PARCEL "C" (99 PM 30) LYING BETWEEN THE NORTHWESTERLY BOUNDARY OF THE ABOVE- DESCRIBED "PERMANENT SANITARY SEWER EASEMENTS, PARCEL 2 — MAIN/-FLAG' AREA" AND THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHEAST CORNER OF PARCEL "A" AS SHOWN ON SAID PARCEL MAP MS 140 -80 (99 PM 30), SAID POINT OF COMMENCEMENT BEING ON THE WEST LINE OF SAID PARCEL "C" (99 PM 30); THENCE FROM SAID POINT OF COMMENCEMENT ALONG THE WEST LINE OF SAID PARCEL "C" NORTH 01 052'16" EAST 66.278 METERS TO THE TRUE POINT OF BEGINNING; THENCE DEPARTING FROM THE WEST LINE OF SAID PARCEL "C"(99 PM 30) NORTH 53 04356" EAST 98.938 METERS; THENCE NORTH 60 °45'07" EAST 21.382 METERS TO A POINT ON THE NORTH LINE OF SAID PARCEL "C" (99 PM 30). THE SIDELINES OF THE AREA TO BE LENGTHENED OR SHORTENED SO AS TO TERMINATE AT THE NORTH AND WEST LINES OF SAID PARCEL "C" (99 PM 30). ATTACHED HERETO IS A PLAT ENTITLED "CENTRAL CONTRA COSTA SANITARY DISTRICT TEMPORARY RIGHT OF WAY MAP FOR SEWER, PLAT: PARCEL 2 -TCE" WHICH BY THIS REFERENCE IS MADE A PART HEREOF. CENT. I CONTRA COSTA SANITARY STRICT RIGHT of WAY MAP for SEWER 5JU N01'S2'16 "E PLAT: PARCEL 1 PARCEL C 4.64Dm 99 F'Tir 1 30 ` N78'18'44 "W - - - -- - - - - - -- 14.806m SEWER EASEMENT / PARCEL 3 N78'18'44 "W JOB 54.36 14.015m 4.572m 6--43'00'00" R= 56.386m p =43'0000" I ' 1= 42.319m R= 60.960rn — -�-1 1frrjY� L= 45.750m PARCEL 3 6 = 13'35'11 " N31.18'44 "w R 99 PM 30 R=53 .340m L= 12.648m �+ 0 =97'24'49" 517'43'33 "E(R) p�36'00'00" R= 6:096m R= 57.912m L =10.:S64m ,1844,E ,� L= 36.387m 6.154m PARCEL A j 99 PM 30 L T N10 5744"*1 N85'18'44 "W W 30.571 m � e aP 4.572m WIDE Ol SEWER EASEMENT ` 1 EASEMENT AREA = 0.097 HECT. j/ 'q cp o / V C>, N75'24'02 "W 63.773m CL u•� / P.0,B / (N 05'53'72.. E 4.626m ( =10,441 SO.FT.!t) NOTE: ROTATE BEARINGS 0402'27" CLOCKWISE TO MATCH RECORD DATA FROM MS 140 -80 (99 PM 30). PER 99 PM 30 LA W REI\ICE ROAD (18.898m -MOE) J DRAWN BY CHECKED BY THOMAS BRO. JOB J. M. D-C). 103 C 2 5436 MCTRIC SCALE: DATE CO.ASSMT.NO, PARCEL 1: 1000 08 -22 -02 206 -160 -017 1 \UCA_Owr,\98io.13 \984:5orr•s.nwc 2315 -1/94 CENTRAL CONTRA COSTA SANITARY DISTRICT RIGHT of WAY MAP for SEWER 0 L _O CI co 1 141377 0 c+a ` co ` cz1 � m E fly '2 ai N , W p al co Ln 0 a m rn. Of W a ,6= 22'59'00" R= 125.000m L= 50.142m o� per. PLAT: PARCEL 2 Slu PARCEL C 99 PM 30 'L• A 6� SQO�� ` co � ago S�tT�a 87.124m N01'52'16 "E P.O.C. NOTE: ROTATE BEARINGS 0'02'27" CLOCKWISE TO MATCH RECORD DATA FROM MS 140 -80 (99 PM 30). Z f CU 0 5cl- 0) PARCEL A 99 PM 30 SEWER EASEMENT PARCEL 1 JOB 5436 DRAWN BY CHECKED BY THOMAS BRO. JOB: J. M. D. D. 103 C 2 5436 METRIC SCALE: DATE CO.ASSMT.NO. PARCEL 1: 1000 02-21-02 206 -160— 017 2 r. nwr\cF,ne'\ \OFd'Sn«G nwr. 2315 -1/9< CENTr.AL CONTRA COSTA SANITARY _jISTRICT TEMPORARY RIGHT of WAY MAP for SEWER slU 501'52'16 "W 501'52'16 "W PARCEL C 4.640m 3.093m 99 FM 30 � 3 SEWER EASEMENT PARCEL 3 S7B'18'44 "E /2 JOB 5436 14.BD6m PLAT: PARCEL 1 -TCE 3.040m 45'0 � 00" Cp som t-a- Rip53.3 p. a3'00'00" R= 56.388m TEMPORARY SEWER L= 42.319m 1 CONSTRUCTION EASEMENT \ EASEMENT AREA-- 0.057 HECT. ( =6,135 SO.FT.t) PARCEL A 99 PNI 30 p = 36'00'00" R= 57.912m L =36.387m S85'1 B'44 "E 30.571m - / ,r�.! �Cm r'F S75'24'02 "E / 40 LLl 63.773m ') U 0. Il- Ln I 3 EL N31'16'44 po 36'00'00" R= 60.960m L- 3B.302m PARCEL 6 99 PM 30 PERMANENT SEWER EASEMENT s JOB NO. 5436. PARCEL 1 AREA - 0.097 HECT. ( =10,441 SO.FT.t) NOTE: ROTATE BEARINGS 0' 02'27" CLOCKWISE TO MATCH RECORD DATA FROM MS 140 -80 (99 PM 30). V I ry / �i `` 3.0g8m I L 48.530M NOS'S0'4S "[ P. 0. B. yC): N05'50'45'E -, f� 14JRFI 3.084M RQAD (18.898m WIDE) DRAWN BY CHECKED 8Y THOMAS BRO. JOB J. M. D. D. 103 C 2 5436 METRIC SCALE: DATE CO.ASSMT.NO. PARCEL 1: 1000 106 -22 -02 206 - 160 -017 1 -TCE F. \DCa nwG CENTRAL CONTRA COSTA SANITAR 1 DISTRICT TEMPORARY RIGHT of WAY MAP for SEWER r co ti m L Om co � R1 w E oc,j 0a L 0 n a rn rn w w a 0 00 p W 00 PLAT: PARCEL 2 -TCE NOTE: ROTATE BEARINGS 0002'27" CLOCKWISE TO MATCH RECORD DATA FROM MS 140 -80 (99 PM 30). N08*11_1 6= 28'04'47" R= 122.714m C L= 60.140m A \ 5lu A� \ PARCEL C TEMPORARY SEWER 9'9 PM 30 \ 1 CONSTRUCTION. EASEMENT \ GROSS EASEMENT AREA = 0.213 HECT. gip` `X NET EASEMENT AREA = 0.141 HECT. Vp 01 "� \� PERMANENT SEWER EASEMENT JOB NO. 5436, PARCEL 2 AREA = 0.072 HECT. \O N >>, \ 19.377m me-'j-1v P.O. B. \ P. O. C. '` \ 46.901m r �\ N01'52'16 "E 66.278m PARCEL A 99 PM 30 N78'18'44 "W 4.572m N11*15'29 "E CZ) O U �z Z U) DRAWN BY CHECKED BY THOMAS BRO. JOB: J. M. D. D. 103 C 2 5436 METRIC SCALE: DATE CO.ASSMT.NO. PARCEL: 1: 1000 02- 21- 02 206-160-017 2 -TCE F: \DCA -DWG \981043 \98430FFS.DWG 2315 -1/94 A Resolution of Necessity for the Acquisition of Public Easements for Sanitary Sewer Purposes and Authorizing Eminent Domain Proceedings for the Wendt Ranch Offsite Sewer, District Project No. 5436 EXHIBIT "B": LEGAL DESCRIPTIONS OF PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR SANITARY SEWER PURPOSES - RICHARDS /BROCKMAN PROPERTY (APN 206 - 160 -019), PAGE 1 PERMANENT SANITARY SEWER EASEMENT: PARCEL 3 An exclusive subsurface easement and nonexclusive surface easement for sanitary sewer purposes including, but not limited to, the right to construct, reconstruct, renew, alter, operate, maintain, replace (either the initial or any other size) and repair sewer pipelines and all necessary maintenance access structures, laterals and appurtenances thereto, together with the free right of ingress, egress and emergency access to said easement, provided that said ingress, egress and emergency access shall be limited to established roadways, pathways, avenues or other routes to the extent possible and as reasonably necessary for the proper use of said easement, and the right to clear obstructions and vegetation from said easement area as may be required for the proper use of said easement, over and within that certain real property described as follows: A PORTION OF PARCEL "A" AS SHOWN ON PARCEL MAP MS 140 -80, FILED JANUARY 20, 1982, IN BOOK 99 OF PARCEL MAPS AT PAGE 30, CONTRA COSTA COUNTY RECORDS, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL "A "; THENCE FROM SAID POINT OF COMMENCEMENT ALONG THE EAST LINE OF SAID PARCEL "A" SOUTH 01 052'16" WEST 84.218 METERS TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EAST LINE SOUTH 01 052'16" WEST 52.714 METERS TO THE SOUTHEAST CORNER OF SAID PARCEL "A"; THENCE ALONG THE SOUTH LINE OF SAID PARCEL "A" NORTH 78 018'44" WEST 4.640 METERS; THENCE LEAVING THE SOUTH LINE OF SAID PARCEL "A" NORTH 01 052'16" EAST 48.333 METERS; THENCE NORTH 53 043'56" EAST 5.813 METERS TO THE TRUE POINT OF BEGINNING. ATTACHED HERETO IS A PLAT ENTITLED "CENTRAL CONTRA COSTA SANITARY DISTRICT RIGHT OF WAY MAP FOR SEWER, PLAT: PARCEL 3" WHICH BY THIS REFERENCE IS MADE A PART HEREOF. A Resolution of Necessity for the Acquisition of Public Easements for Sanitary Sewer Purposes and Authorizing Eminent Domain Proceedings for the Wendt Ranch Offsite Sewer, District Project No. 5436 EXHIBIT "B": LEGAL DESCRIPTIONS OF PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR SANITARY SEWER PURPOSES- RICHARDS/BROCKMAN PROPERTY (APN 206 - 160 -019), PAGE 2 TEMPORARY CONSTRUCTION EASEMENT: PARCEL 1A -TCE A Temporary Construction Easement, commencing on April 1, 2003 and terminating on October 31, 2003, including, but not limited to, the right to use said Temporary Construction Easement for all purposes connected with design and construction of the Wendt Ranch Offsite Sewer, including, but not limited to, the storage, use, and operation of tools, machinery, materials and equipment by the Central Contra Costa Sanitary District, and its contractors and permitees, together with the right of ingress to and egress from said Temporary Construction Easement at all reasonable times, over and upon that certain real property described as follows: A PORTION OF PARCEL "A" AS SHOWN ON PARCEL MAP MS 140 -80, FILED JANUARY 20, 1982, IN BOOK 99 OF PARCEL MAPS AT PAGE 30, CONTRA COSTA COUNTY RECORDS, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL "A "; THENCE FROM SAID POINT OF COMMENCEMENT ALONG THE EAST LINE OF SAID PARCEL "An NORTH 01 052'16" EAST 72.091 METERS TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 53 043'56" WEST 17.558 METERS; THENCE SOUTH 01 052'16" WEST 32.687 METERS; THENCE SOUTH 90 °00'00" WEST 15.771 METERS; THENCE SOUTH 01'52'16" WEST 20.411 METERS TO THE BEGINNING OF A NON - TANGENT COMPOUND CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 65.532 METERS, A RADIAL LINE TO THE BEGINNING OF SAID CURVE BEARS SOUTH 02 049'42" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 32.578 METERS THROUGH A CENTRAL ANGLE OF 28 029'02" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 48.768 METERS, A RADIAL LINE TO THE BEGINNING OF SAID CURVE BEARS NORTH 31018'44" WEST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE 12.866 METERS THROUGH A CENTRAL ANGLE OF 15 °06'55'; THENCE NORTH 10 °18'44" WEST 4.796 METERS; THENCE SOUTH 79 041'16" WEST 5.000 METERS TO A POINT ON THE EXTERIOR BOUNDARY OF SAID PARCEL "A" (99 PM 30); THENCE ALONG THE EXTERIOR BOUNDARY OF SAID PARCEL 'W'SOUTH 10 018'44" EAST 3.135 METERS TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 6.096 METERS; THENCE SOUTHEASTERLY ALONG THE ARC OF A Resolution of Necessity for the Acquisition of Public Easements for Sanitary Sewer Purposes and Authorizing Eminent Domain Proceedings for the Wendt Ranch Offsite Sewer, District Project No. 5436 EXHIBIT "B": LEGAL DESCRIPTIONS OF PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR SANITARY SEWER PURPOSES - RICHARDS /BROCKMAN PROPERTY (APN 206 - 160 -019), PAGE 3 SAID CURVE 10.364 METERS THROUGH A CENTRAL ANGLE OF 97 024'49" TO THE BEGINNING OF A CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 53.340 METERS, A RADIAL LINE TO THE BEGINNING OF SAID CURVE BEARS NORTH 17 043'33" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE 12.648 METERS THROUGH A CENTRAL ANGLE OF 13 °35'11" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 60.960 METERS, A RADIAL LINE TO THE BEGINNING OF SAID CURVE BEARS SOUTH 31018'44" EAST; THENCE ALONG THE ARC OF SAID CURVE 45.750 METERS THROUGH A CENTRAL ANGLE OF 43 °00'00 "; THENCE SOUTH 78 018'44" EAST 9.375 METERS; THENCE DEPARTING FROM THE EXTERIOR BOUNDARY OF SAID PARCEL "A" NORTH 01 052'16" EAST 48.333 METERS; THENCE NORTH 53 043'56" EAST 5.813 METERS TO A POINT ON THE EXTERIOR BOUNDARY OF SAID PARCEL "A "; THENCE ALONG SAID EXTERIOR BOUNDARY OF SAID PARCEL "A" NORTH 01 ° 52'16" EAST 19.377 METERS TO THE POINT OF BEGINNING. ATTACHED HERETO IS A PLAT ENTITLED "CENTRAL CONTRA COSTA SANITARY DISTRICT TEMPORARY RIGHT OF WAY MAP FOR SEWER, PLAT: PARCELS 1A- TCE AND 1 B -TCE" WHICH BY THIS REFERENCE IS MADE A PART HEREOF. A Resolution of Necessity for the Acquisition of Public Easements for Sanitary Sewer Purposes and Authorizing Eminent Domain Proceedings for the Wendt Ranch Offsite Sewer, District Project No. 5436 EXHIBIT "B ": LEGAL DESCRIPTIONS OF PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR SANITARY SEWER PURPOSES- RICHARDS /BROCKMAN PROPERTY (APN 206 - 160 -019), PAGE 4 TEMPORARY CONSTRUCTION EASEMENT: PARCEL 1 B -TCE A Temporary Construction Easement, commencing on April 1, 2003 and terminating on October 31, 2003, including, but not limited to, the right to use said Temporary Construction Easement for all purposes connected with design and construction of the Wendt Ranch Offsite Sewer, including, but not limited to, the storage, use, and operation of tools, machinery, materials and equipment by the Central Contra Costa Sanitary District, and its contractors and permitees, together with the right of ingress to and egress from said Temporary Construction Easement at all reasonable times, over and upon that certain real property described as follows: A PORTION OF PARCEL "A" AS SHOWN ON PARCEL MAP MS 140 -80, FILED JANUARY 20, 1982, IN BOOK 99 OF PARCEL MAPS AT PAGE 30, CONTRA COSTA COUNTY RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHWESTERLY LINE OF PARCEL "C ", AS SAID PARCEL IS SHOWN ON SAID PARCEL MAP MS 140 -80 (99 PM 30) WITH THE WESTERLY LINE OF SAID PARCEL "A", SAID POINT OF BEGINNING BEING ON THE EAST RIGHT OF WAY LINE OF LAWRENCE ROAD, THENCE ALONG THE EXTERIOR BOUNDARY LINE OF SAID PARCEL "A" NORTH 05 050'45" EAST 4.626 METERS; THENCE DEPARTING THE EXTERIOR BOUNDARY LINE OF SAID PARCEL "A ", SOUTH 75 °24'02" EAST 64.388 METERS; THENCE SOUTH 85 018'44" EAST 8.732 METERS; THENCE NORTH 04 041'16" EAST 4.572 METERS; THENCE SOUTH 85 018'44" EAST 25.000 METERS TO A POINT ON THE EXTERIOR BOUNDARY OF SAID PARCEL "A "; THENCE ALONG THE EXTERIOR BOUNDARY LINE OF SAID PARCEL "A ", SOUTH 10 018'44" EAST 1.522 METERS TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 6.096 METERS; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 11.172 METERS THROUGH A CENTRAL ANGLE OF 105 000'00'; THENCE NORTH 85 °18'44" WEST 28.634 METERS; THENCE NORTH 75 024'02" WEST 64.080 METERS TO THE POINT OF BEGINNING. ATTACHED HERETO IS A PLAT ENTITLED "CENTRAL CONTRA COSTA SANITARY DISTRICT TEMPORARY RIGHT OF WAY MAP FOR SEWER, PLAT: PARCEL 1A- TCE AND 1 B -TCE" WHICH BY THIS REFERENCE IS MADE A PART HEREOF. CENTRAL CONTRA COSTA SANITARY DISTRICT RIGHT of WAY MAP for SEWER PLAT: PARCEL 3 Z �j L lam. LO �j 1E NOTE: ROTATE BEARINGS 0 02'27" CLOCKWISE TO MATCH RECORD DATA FROM MS 140 -80 (99 PM 30). in Q Cq U) PARCEL C 99 PM 30 SEWER EASEMENT PARCEL 2 JOB 5436 O 4.572m WIDE SEWER EASEMENT Co p �\ `\ EASEMENT AREA = 0.023 HECT. DD W C) ` a,- 1 *52'1 m S01'52'16 "W 52.714m -� - Z 0) P.0. C. P.O.B. N01'52'16 "E 48.333m N53'43'56 "E 5.813m N78'18'44 "W 4.640m PARCEL A 99 PM 30 � SEWER EASEMENT 1 PARCEL 1 JOB 5436 DRAWN BY CHECKED BY THOMAS BRO. JOB: J.M. D.D. 103 C 2 5436 METRIC SCALE: DATE CO.ASSMT.NO. PARCEL: 1: 1000 02-21-02 206-160-019 3 F:\ DCA- DWG \981043 \98430FFS.Dwl 2.51J -Ipj� CENTRAL CONTRA COSTA SANITARY DISTRICT TEMPORARY RIGHT of WAY MAP for SEWER sIU PARCEL C PERMANENT SEWER EASEMENT PLAT: PARCELS P.O.B. 99 PM 30 JOB NO. 5436, PARCEL 3 1A-TCE AND 1 B-TCE 5436 N01*52L'l6"E 72.091m AREA = 0.023 HECT. P.O.C. CO.ASSMI.NO. PARCEL is 1000 07-05-02 206-160-017 1 A-TCE & 1 B—TCE � " , - I /G, Ar 8.1 ....... 781 8'44"W T-r7 844-W N01 -52'1 (FE 14 01 5m 14.015m 32.687m N 02 '49'42"W(R) '00 N90 15:771m &-43*00'00" N01*52'16"E R:60-960M 20.411m L=45.750m PARCEL B 9 9 PM 30 PARCEL 1A—TCE R 1315"11" =65.532m R=53.340m L=32.578m L=12.648m 6=15'06'55" R=48.768m L=12.866m 0TEMPORARY SEWER N10'18'44"W CONSTRUCTION EASEMENT GROSS EASEMENT AREA = 0.209 HECT. 4.796m NET EASEMENT AREA = 0.186 HECT. N79'41'16"E ­11, I 5.000m r}' PARCEL 1 B-TCE PARCEL A 99 PM 30 co LLI U CL Ln N10*18'44"W—`—_� 3.135m I at vl Go III z N04'41'16 "E 4.572m N85*18'44"W 8.732m N17*43'33"W(R ,6=97*24'49" R=6.096m L=10.364m N16*11'49"W(I N10*18'44"W 1.522m =6.096m L=11.172m (NON—EXCLUSIVE) SEWER EASEMENT JOB NO. 5436, PARCEL 1 ]LO JOB AREA = 0.154 HECT. co '0001" CC) cv I NOTE: ROTATE BEARINGS C°02'27- CLOCKWISE TO MATCH RECORD DATA FROM L N N 0-5'50'45 E MS 140-80 (99 PM 30). 39.278m N05'50'4 5"E WR 4.626m ( ROAD (18.898m WIDE) DRAWN BY CHECKED BY THOMAS BRO. JOB D. D. 103 C 2 5436 METRIC SCALE: DATE CO.ASSMI.NO. PARCEL is 1000 07-05-02 206-160-017 1 A-TCE & 1 B—TCE � " , - I /G, F: \DCA_DWG \981043 \98430FFS.DWG EXHIBIT "C" Proof of Service I, Jarred Miyamoto -Mills declare: I am employed in the County of Contra Costa, California in the offices of the Central Contra Costa Sanitary District, on whose behalf this service was made. My business address is 5019 Imhoff Place, Martinez, California, 94596. 1 am over the age of eighteen years and not a party to the matter which is the subject of the service. On the date given, I served the following document: NOTICE OF HEARING REGARDING ADOPTION OF A RESOLUTION OF NECESSITY TO ACQUIRE EASEMENTS BY EMINENT DOMAIN (CALIFORNIA CODE OF CIVIL PROCEDURE 1245.235) FOR THE WENDT RANCH OFFSITE SEWER, DISTRICT PROJECT NO. 6436 on the owners of record of the subject property, Howard Siu and Lettie Toy Siu, by placing true and correct copies thereof addressed as follows: Dr. Howard Siu and Mrs. Lettie Toy Siu 1465 Lawrence Road Danville, CA 94506 and P. 0. Box 2140 Danville, CA 94526 as designated below: XXXX BY FIRST CLASS MAIL I caused said document to be deposited in the United States Mail in a sealed envelope with postage fully prepaid at Moraga, California, on the same day as shown on this declaration. I declare under penalty of perjury under the laws of the State of California and of the United States that the foregoing is true and correct. DATED: December 21, 2002 SIGNATURE EXHIBIT "D" Proof of Service I, Jarred Miyamoto -Mills declare: am employed in the County of Contra Costa, California in the offices of the Central Contra Costa Sanitary District, on whose behalf this service was made. My business address is 5019 Imhoff Place, Martinez, California, 94596. 1 am over the age of eighteen years and not a party to the matter which is the subject of the service . On the date given, I served the following document: NOTICE OF HEARING REGARDING ADOPTION OF A RESOLUTION OF NECESSITY TO ACQUIRE EASEMENTS BY EMINENT DOMAIN (CALIFORNIA CODE OF CIVIL PROCEDURE 1245.235) FOR THE WENDT RANCH OFFSITE SEWER, DISTRICT PROJECT NO. 5436 on the owners of record of the subject property, James B. Richards and Bette J. Brockman, by placing true and correct copies thereof addressed as follows: James B. Richards Bette J. Brockman 1463 Lawrence Road Danville, CA 94506 as designated below: XX)CX BY FIRST CLASS MAIL I caused said document to be deposited in the United States Mail in a sealed envelope with postage fully prepaid at Martinez, California, following the ordinary practice at my place of business of collection and processing of mail on the same day as shown on this declaration. I declare under penalty of perjury under the laws of the State of California and of the United States that the foregoing is true and correct. DATED: December 20, 2002 SI NATU'RE '' ATTACHMENT 2 WENDT RANCH OFF SITE SEWER ALTERNATIVES REPORT DECEMBER 2002 CENTRAL CONTRA COSTA SANITARY DISTRICT Page 1 PAPUBLIMENG- DEPTMendt Ranch Study Study. Final 1 -3-02.doc TABLE OF CONTENTS INTRODUCTION SECTION ONE ALTERNATIVE DESCRIPTIONS SECTION TWO ALTERNATIVE ANALYSIS SECTION THREE CONCLUSION SECTION FOUR DETAILED COST ESTIMATES APPENDIX A Page 2 PAPUBLIMENG- DEPTMendt Ranch Study Study. Final 1 -3-02.doc SECTION ONE INTRODUCTION Much of the area within Contra Costa County's Urban Limit Line and east of the Town of Danville's Lawrence /Leema Road Specific Plan area drains naturally to the southwest via Alamo Creek to Dougherty Valley. For many years, Central Contra Costa Sanitary District ( CCCSD) has planned to serve any development in this area that annexes to CCCSD via gravity sewers to Lawrence Road and ultimately to the Dougherty Valley sewer system. This area consists of the approved Wendt Ranch and portions of the proposed "Intervening Properties" and Alamo Creek developments. The Wendt Ranch development has been annexed to CCCSD and has received all approvals required to begin construction. Grading, infrastructure installation and model home construction is underway on the Wendt Ranch site. The project's developer, Shapell Industries of Northern California has requested that CCCSD identify the appropriate route for sanitary sewer facilities to serve the development, and assist in the acquisition of right of way for those facilities, if necessary. Since the late 1980s, several alternative gravity sewer routes to serve this area have been studied. This report describes the evaluation of these alternatives and identifies a preferred gravity sewer route. Figures 1 and 2 show the proposed developments and possible sanitary sewer service alternatives. Each alternative was evaluated with regard to the following issues: Is the alternative compatible with the greatest public good? — Would the alternative provide for wastewater utility service to all properties that may potentially be tributary (Wendt Ranch, Intervening Properties, Alamo Creek, Lawrence /Leema Road Benefits District)? — Can the alternative be designed to meet all CCCSD standards? — Would the alternative have the potential to negatively impact sensitive creekside (near Alamo Creek) and wetland habitats? Would the alternative be subject to new resource agency review and permitting processes? — Can the alternative be implemented to meet the schedule for needed wastewater utility service for the Wendt Ranch development? Page 3 PAPUBLIMENG- DEPTMendt Ranch Study Study. Final 1 -3-02.doc — What operations and maintenance costs would be incurred by CCCSD? What would be the capital cost for implementation of the alternative? Is the alternative compatible with the least private injury? — How much private property must be taken? — How many properties must be crossed? — Would the alternative present the potential for severance of any of the properties? — How many maintenance access structures (manholes, etc.) would be needed? To what degree would the manhole covers and all- weather access roads be obtrusive to the property owner's use of their property? What degree of disruption would occur when these structures are accessed for routine or emergency maintenance or repair? This report includes a discussion of the evaluation of each route alternative and concludes with a staff recommendation of a preferred route. Page 4 PAPUBLIMENG- DEPTMendt Ranch Study Study. Final 1 -3-02.doc SECTION TWO ALTERNATIVE DESCRIPTIONS The pumping Station Alternative and the five gravity sewer route alternatives studied are described in this section and shown in Figures 1 and 2. All gravity sewer alternatives begin at their downstream ends at the existing CCCSD manhole in Lawrence Road at its intersection with the community driveway for the Richards /Brockman, Ryan and Siu properties (the "flagpole" portion of the Siu property), and end at a proposed manhole on the Intervening Properties adjacent to the northern property line of the main ( "flag ") portion of the Siu property approximately forty (40) feet west of Alamo Creek. The developer has secured easements across the Intervening Properties to the Wendt Ranch on -site sewer system. The evaluation assumes that permanent all- weather access roads will be provided to each manhole except as noted. For all alternatives, one hundred (100) foot temporary construction easements are assumed on the Intervening Properties and fifty (50) foot temporary construction easements are assumed for the remainder of each alternative. Alternative One (Behind the Siu home at the northwest corner of the Siu property). An eight -inch diameter public main sewer would be constructed, beginning at the existing CCCSD manhole in Lawrence Road and proceeding easterly along the twenty -five foot driveway ( "flagpole ") portion of the Siu property approximately 645 feet. Use of directional drilling for construction of the first 315 feet of sewer is assumed, although, open -cut trench installation may be allowed at the discretion of CCCSD. Open -cut trench construction is assumed for the remainder of this alternative. After traversing the flagpole portion of the Siu property, the sewer would leave the Siu parcel and proceed in a northerly direction approximately 187 feet over the Richards /Brockman property along its eastern boundary. Then, the sewer would proceed in a northeast direction approximately 519 feet across the Siu property between the prominent hill in the northwest corner of the parcel and the Siu home until the Siu property northern boundary with the Intervening Properties is reached. The sewer would then proceed east within the Intervening Properties along the property boundary approximately 309 feet to a proposed manhole approximately 40 feet from Alamo Creek. Alternative Two (Between the Siu home and the pond). An eight -inch diameter public main sewer would be constructed, beginning at the existing CCCSD manhole in Lawrence Road and proceeding easterly in the twenty -five foot driveway ( "flagpole ") portion of the Siu property approximately 652 feet, then continuing along the driveway on the main ( "flag ") portion of the parcel approximately 90 feet to the point where the driveway turns toward the northeast. The sewer would continue along the driveway to the northeast between the Siu home and the pond approximately 135 feet, then would leave the driveway and continue approximately 540 feet in a northeasterly direction until the Siu property northern boundary with the Intervening Properties is reached. The sewer would then proceed easterly within the Intervening Properties along the propery boundary approximately 240 feet to a proposed manhole approximately 40 feet from Alamo Creek. Alternative Three (Between the pond and Alamo Creek). An eight -inch diameter public main sewer would be constructed, beginning at the existing CCCSD manhole in Lawrence Road and proceeding easterly in the twenty -five foot driveway ( "flagpole ") portion of the Siu Page 5 P: \PUBLIC \ENG - DEPT \WENDT RANCH STUDY STUDY.FINAL1- 3- 02.DOC property approximately 652 feet, then continuing along the driveway on the main ( "flag ") portion of the property approximately 323 feet to the east side of the pond. The sewer would then proceed northeasterly between the pond and Alamo Creek to the proposed manhole on the Intervening Properties adjacent to the northern property line of the main ( "flag ") portion of the Siu property approximately forty (40) feet west of Alamo Creek. The temporary construction easement in the creekside area is assumed to be fifty (50) feet wide. Alternative Four (Microtunnel north of the Siu and Richards /Brockman properties). A twelve - inch diameter public main sewer would be constructed, beginning at the existing CCCSD manhole in Lawrence Road, then proceeding northerly in Lawrence Road to a new manhole approximately one hundred (100) feet south of the existing Lawrence Road Pumping Station No. 1 (North). A twelve -inch diameter sewer is required for this reach due to the combined flow from the Lawrence Road and Wendt Ranch areas. The route would continue with an eight -inch diameter sewer proceeding easterly across the Rivers property to the west portal of a thirty -six inch diameter microtunnel. The limitations of the microtunneling process require that the sewer be thirty -six inches in diameter in this reach. The microtunnel would proceed easterly approximately 648 feet to its east portal. At its deepest point, the microtunnel would be approximately one hundred (100) feet below the ground surface. From the east portal, an eight -inch diameter sewer would continue easterly on the Intervening Property to the proposed manhole adjacent to the northern property line of the main ( "flag ") portion of the Siu parcel approximately forty (40) feet west of Alamo Creek. An encroachment permit would be required for construction of the twelve -inch diameter sewer in Lawrence Road and the remainder of the sewer would require temporary construction and permanent easements. The construction method would be open -cut trench except for the microtunnel portion. The temporary construction easement across the Rivers property is assumed to be fifty (50) feet wide, and the temporary construction easement across the Intervening Properties is assumed to be one hundred (100) feet wide. The twenty (20) foot wide permanent easement for the microtunnel portion would be adequate for construction. Alternative Five (Fill the pond and route the sewer through the former pond area). The owners of the Siu property, Howard and Lettie Siu, proposed this alternative based on a preliminary development/subdivision layout for their property. To implement this alternative, an eight -inch diameter public main sewer would be constructed, beginning at the existing CCCSD manhole in Lawrence Road and proceeding easterly in the twenty -five foot driveway ( "flagpole ") portion of the Siu property approximately 652 feet, then curve in a northwest direction for approximately 850 feet through the pond area until the Siu property northern boundary with the Intervening Properties is reached. The sewer would then proceed easterly within the Intervening Properties along the property boundary approximately 40 feet to a proposed manhole approximately 40 feet from Alamo Creek. This alternative would require draining and mucking out the pond, removal of muck and debris, and construction of an engineered fill to bring the ground surface in the pond area to the approximate elevation of the surrounding ground (with appropriate attention to site drainage and erosion control). Pumping Station Alternative. Under this alternative, a permanent pumping station would be constructed at the most downslope point of the proposed Wendt Ranch residential development. Approximately 1,765 feet of four -inch diameter pressure sewer would be constructed to convey wastewater from the pumping station to an existing gravity trunk manhole in Camino Tassajara. Page 6 P:\PUBLIMENG- DEPTMENDT RANCH STUDY STUDY.FINAL1 -3-02. DOC �J CAMINO 00 OF ----------- i, --- ---- -- .i 1 1 1 r 1 r r 1 i 1 1 r 1 1 1 1 1 1 1 i 1 r ! 1 a �1 m Ele I LAWRENCE ROAD 1 PUMPING STATION ! ! r 1 r ! 1 r SHAPELL r 1 � 1 \ e r 1 Central Contra Costa Sanitary District I � \ TASSAJA _ J a ,r WENDT RANCH ( , OFFSITE GRAVITY r SEWER \ ALTERNATIVES r i1 1 � 1 / / 1 i %p0 r LAWRENCE ROAD PUMPING STATION 2 1 a �. rra.rr..rrrrr.....r a7t.. ®rraaarrrrrrare WINDEMERE FUTURE TRUNK SEWER 0 500 1000 TO DOUGHERTY VALLEY FEET WENDT RANCH SEWER ALTERNATIVES FIGURE PRESSURE SEWER WEND T i r RANCH,' 1 l : � i INTER VENING :; "' i : ,••• , ••• •�" PROPERTIES �ti , ; \ =•� ` l— PUMPING STATION ; \ ALTERNATIVE r 1 : ♦ ,� 1 1 r' a ,r WENDT RANCH ( , OFFSITE GRAVITY r SEWER \ ALTERNATIVES r i1 1 � 1 / / 1 i %p0 r LAWRENCE ROAD PUMPING STATION 2 1 a �. rra.rr..rrrrr.....r a7t.. ®rraaarrrrrrare WINDEMERE FUTURE TRUNK SEWER 0 500 1000 TO DOUGHERTY VALLEY FEET WENDT RANCH SEWER ALTERNATIVES FIGURE t N O N 0 O N V w 0 M ma. ""'•VIII /l /1111111111 IIII/II1I1111111j11111 oNW N W LL ui M. W F a z a 1 1 a� LL N M W W W W ~ W i LL F- LL Q oz = W Z -� as CC 0 z W LLI W O S N o �E G I.i W W W W U }i > > >> � Q Q Q Q z Z Z Z W W W W G J J J J U W OQQQ.4 4+ Z i C C7 1 ■ c f%� LU 1 1 ■ U SECTION THREE ALTERNATIVE ANALYSIS In this Section, the five gravity sewer route alternatives and the Pumping Station Alternative are evaluated with regard to the following issues: Is the alternative compatible with the greatest public good? a. Would the alternative provide for wastewater utility service to all properties that may potentially be tributary (Wendt Ranch, Intervening Properties, Alamo Creek, Lawrence /Leema Road Benefits District)? b. Can the alternative be designed to meet all CCCSD standards? C. Would the alternative have the potential to negatively impact sensitive creekside (near Alamo Creek) and wetland habitats? Would the alternative be subject to new resource agency review and permitting processes? d. Can the alternative be implemented to meet the schedule for needed wastewater utility service for the Wendt Ranch development? e. What operations and maintenance costs would be incurred by CCCSD? What would be the capital cost for implementation of the alternative? 2. Is the alternative compatible with the least private injury? a. How much private property must be taken? b. How many properties must be crossed? C. Would the alternative present the potential for severance of any of the properties? d. How many maintenance access structures (manholes, etc.) would be needed? To what degree would the manhole covers and all- weather access roads be obtrusive to the property owner's use of their property? What degree of disruption would occur when these structures are accessed for routine or emergency maintenance or repair? CCCSD developed capital cost estimates for each of the gravity sewer route alternatives. These estimates are based on cost information obtained from actual costs and contractor quotations for recent projects of similar nature. The expected level of accuracy is t 25 percent. The results of the cost estimates are summarized in Table 1. Details for the estimates are included in Appendix A. Advantages and disadvantages of each alternative are summarized in Table 2. A narrative discussion of the evaluation of each of the alternatives follows: Page 9 PAPUBLIMENG- DEPTMENDT RANCH STUDY STUDY.FINAL1- 3- 02.DOC Alternative One (Behind the Siu home at the northwest corner of the Siu property). 1. Is the alternative compatible with the greatest public good? a. This alternative would provide for wastewater utility service to all properties that may be potentially tributary (Wendt Ranch, Intervening Properties, Alamo Creek, Lawrence /Leema Road Benefits District). The alternatives' sewers could directly serve the existing home and some additional lots on the Siu property, if it is subdivided in a compatible configuration in the future. Predicting a particular subdivision layout that may ultimately be approved, however, involves considerable uncertainty and is speculative at best. Later extension of a public main sewer to any approved configuration of lots would be possible. No relocation or abandonment of the alternatives' public main sewers would be needed for any potential subdivision layout. b. This alternative can be designed to meet all of CCCSD's design standards except the limitation that individual sewer reaches be less than 500 feet in length. Special approval for the length of the reach of sewer located behind the home on the Siu property would be required to avoid a maintenance access structure (manhole) on the main ( "flag ") portion of the property. C. This alternative would have the least potential (similar to Alternative Four) to negatively impact sensitive creekside and wetland habitats since it would be located relatively far from these areas as compared to the other alternatives. Environmental costs for a pumping station would be avoided. This alternative would not be subject to additional resource agency review and permitting processes. d. This alternative can be implemented to meet the schedule for needed wastewater utility service for the Wendt Ranch development. e. CCCSD operations and maintenance costs for this alternative would be minimal, consisting of relatively infrequent cleaning (estimated to be once every seven to ten years). No pumping station costs would be incurred. f. Capital cost for this alternative is estimated to be $308,668, second least costly of the alternatives studied. 2. Is the alternative compatible with the least private injury? a. This alternative would require approximately 24,795 square feet of permanent easement area. b. In addition to the Intervening Properties, two properties (APN 206 - 160 -017, the Siu parcel; and APN 206 - 160 -019, the Richards /Brockman parcel) would be crossed for implementation of this alternative. Page 10 P: \PUBLIC \ENG - DEPT \WENDT RANCH STUDY STUDY.FINAL1- 3- 02.DOC C. No severance would be sustained for implementation of this alternative. d. Six manholes would be required for this alternative. No all- weather access would be required on the Siu or Richards /Brockman properties, except for the driveway area. The surface of the manhole cover in the Richards /Brockman pasture would be surfaced with a resilient material. The manhole would not require routine access since cleaning of the inlet and outlet sewers would be accomplished from the upstream and downstream structures. Since maintenance access would be very infrequent, little disruption of the property would be expected. Alternative Two (Between the Siu home and the pond). Is the alternative compatible with the greatest public good? a. This alternative would provide for wastewater utility service to all properties that may be potentially tributary (Wendt Ranch, Intervening Properties, Alamo Creek, Lawrence /Leema Road Benefits District). The alternative could directly serve the existing home and some additional lots on the Siu property, if it is subdivided in a compatible configuration in the future. Predicting a particular subdivision layout that may ultimately be approved, however, involves considerable uncertainty and is speculative at best. Later extension of a public main sewer to any approved configuration of lots would be possible. Relocation or abandonment of a portion of the alternatives' public main sewers may be needed for some potential subdivision layouts. b. This alternative can be designed to meet all of CCCSD's design standards except that for depth of cover for a portion of the route. Special approval for depth (requiring special pipe material) or additional fill over the sewer in this area would be required. C. This alternative would have a greater potential (though not considered significant) to negatively impact sensitive creekside and wetland habitats than Alternative One since it would be located nearer to these areas. Environmental costs for a pumping station would be avoided. This alternative would not be subject to additional resource agency review and permitting processes. Cl. This alternative can be implemented to meet the schedule for needed wastewater utility service for the Wendt Ranch development. e. CCCSD operations and maintenance costs for this alternative would be minimal, consisting of relatively infrequent cleaning (estimated to be once every seven to ten years). No pumping station costs would be incurred. Capital cost for this alternative is estimated to be $301,198, the least costly of the alternatives studied. Page 11 P: \PUBLIC \ENG - DEPT \WENDT RANCH STUDY STUDY. FINAL 1- 3- 02.DOC 2. Is the alternative compatible with the least private injury? a. This alternative would require approximately 24,855 square feet of permanent easement area. b. In addition to the Intervening Properties, one property (APN 206 - 160 -017, the Siu parcel) would be crossed for implementation of this alternative. C. It is arguable that relatively minor severance related to future subdivision of the Siu property might be sustained for implementation of this alternative. d. Six manholes would be required for this alternative. All- weather access would be required on the Siu property, but would be provided by improving the existing driveway. Since maintenance access would be very infrequent, little disruption of the property would be expected. Alternative Three (Between the pond and Alamo Creek). Is the alternative compatible with the greatest public good? a. This alternative would provide for wastewater utility service to all properties that may be potentially tributary (Wendt Ranch, Intervening Properties, Alamo Creek, Lawrence /Leema Road Benefits District). The alternative could directly serve some additional lots on the Siu property, if it is subdivided in a compatible configuration in the future. Predicting a particular subdivision layout that may ultimately be approved, however, involves considerable uncertainty and is speculative at best. Later extension of a public main sewer to any approved configuration of lots would be possible. Since the sewers would be within the anticipated creek setback area, no relocation or abandonment of the alternatives' public main sewers would be needed for any potential subdivision layout. b. This alternative can be designed to meet all of CCCSD's design standards except that for depth of cover for a portion of the route. Special approval for depth (requiring special pipe material) or additional fill over the sewer in this area would be required. This alternative can be designed to meet all of CCCSD's design standards. C. This alternative would have relatively greater potential to negatively impact sensitive creekside and wetland habitats since it is located nearest the creek of the alternatives studied. Environmental costs for a pumping station would be avoided. This alternative may be subject to additional resource and /or flood control agency review and permitting processes due to its close proximity to the creek and pond. d. There is some uncertainty regarding this alternative's ability to meet the schedule for needed wastewater utility service for the Wendt Ranch development due to the potential need for resource and /or flood control agency review. Page 12 P: \PUBLIC \ENG - DEPT \WENDT RANCH STUDY STUDY.FINAL1- 3- 02.DOC e. CCCSD operations and maintenance costs for this alternative would be minimal, consisting of relatively infrequent cleaning (estimated to be once every seven to ten years). No pumping station costs would be incurred. Capital cost for this alternative is estimated to be $337,048, the third least costly of the alternatives studied. 2. Is the alternative compatible with the least private injury? a. This alternative would require approximately 27,105 square feet of permanent easement area. b. In addition to the Intervening Properties, one property (APN 206 - 160 -017, the Siu parcel) would be crossed for implementation of this alternative. C. No severance would be sustained for implementation of this alternative. Cl. Six manholes would be required for this alternative. All- weather access would be required on the Siu property, most of which would be provided by improving the existing driveway. However, access to one creekside manhole would require an access road or joint use of a pedestrian trail along the creek. Since maintenance access would be very infrequent, little disruption of the property would be expected. Alternative Four (Microtunnel north of the Siu and Richards /Brockman properties). Is the alternative compatible with the greatest public good? a. This alternative would provide for gravity wastewater utility service to all properties that may be potentially tributary (Wendt Ranch, Intervening Properties, Alamo Creek, Lawrence /Leema Road Benefits District), however substantial additional extension of public main sewers would be required to serve future subdivision of the Siu, Richards /Brockman and Ryan properties. b. This alternative would require significant variances from CCCSD's design standards, particularly regarding the depth and length of the microtunnel portion of the route. C. This alternative would have the least potential (similar to Alternative One) to negatively impact sensitive creekside and wetland habitats since it would be located relatively far from these areas as compared to the other alternatives. Environmental costs for a pumping station would be avoided. This alternative would not be subject to additional resource agency review and permitting processes. d. There is some uncertainty regarding this alternative's ability to meet the schedule for needed wastewater utility service for the Wendt Ranch development due to the additional design and construction time required for the microtunnelling and necessary relaying of some sewers in Lawrence Road. Page 13 PAPUBLIMENG- DEPTMENDT RANCH STUDY STUDY. FINAL 1- 3- 02.DOC e. CCCSD operations and maintenance costs for this alternative would be minimal, consisting of relatively infrequent cleaning (estimated to be once every seven to ten years). However, operation and maintenance of the microtunnel reach would be problematic since routine and emergency access to the 100 -foot deep, 650 -foot long sewer would be very difficult. No pumping station costs would be incurred. Capital cost for this alternative is estimated to be $1,069,013, the most costly of the alternatives studied. 2. Is the alternative compatible with the least private injury? a. This alternative would require approximately 22,275 square feet of permanent easement area. b. In addition to the Intervening Properties, one property (APN 206 - 140 -020, the Rivers parcel) would be crossed for implementation of this alternative. C. No severance would be sustained for implementation of this alternative. d. Two new manholes and modification of two existing manholes would be required for this alternative. Substantial disruption of traffic would be required for the relaying of some of the existing sewer in Lawrence Road. All- weather access would be required on the Rivers property. Since maintenance access would be very infrequent, little disruption of the property would be expected. Alternative Five (Fill the pond and route the sewer through the former pond area). Is the alternative compatible with the greatest public good? a. This alternative would provide for wastewater utility service to all properties that may be potentially tributary (Wendt Ranch, Intervening Properties, Alamo Creek, Lawrence /Leema Road Benefits District). It is possible, although not particularly likely, that this route would better serve potential future development of the Siu property than some of the other alternatives. Predicting a particular subdivision layout that may ultimately be approved, however, involves considerable uncertainty, particularly regarding flood control and resource agency requirements for setback from the creek, and is very speculative. Later extension of a public main sewer to any approved configuration of lots would be possible. Relocation or abandonment of portions of the alternatives' public main sewers may be needed for some potential subdivision layouts. b. This alternative can be designed to meet all of CCCSD's design standards except that for depth of cover for a portion of the route. Special approval for depth (requiring special pipe material) or additional fill over the sewer in this area would be required. Page 14 P: \PUBLIC \ENG- DEPT\WENDT RANCH STUDY STUDY. FINAL 1- 3- 02.DOC C. This alternative would have a relatively greater potential to negatively impact creekside and wetland habitats since it would be located relatively near the creek and would require filling of the existing pond, a jurisdictional feature of the property. This alternative would be subject to considerable resource and flood control agency review and permitting processes. Environmental costs for a pumping station would be avoided. d. It is unlikely that this alternative could meet the schedule for needed wastewater utility service for the Wendt Ranch development since resource agency review and permitting is likely to take one or two years or longer. e. CCCSD operations and maintenance costs for this alternative would be minimal, consisting of relatively infrequent cleaning (estimated to be once every seven to ten years). No pumping station costs would be incurred. f. Capital cost for this alternative is estimated to be $736,678, the second most costly of the alternatives studied. 2. Is the alternative compatible with the least private injury? a. This alternative would require approximately 23,100 square feet of permanent easement area. b. In addition to the Intervening Properties, one property (APN 206 - 160 -017, the Siu parcel) would be crossed for implementation of this alternative. C. It is arguable that relatively minor severance related to future subdivision of the Siu property might be sustained for implementation of this alternative. d. Six manholes would be required for this alternative. All- weather access would be required on the Siu property, which would be provided by rerouting the existing driveway over the sewer alignment. Since maintenance access would be very infrequent, little disruption of the property would be expected. Pumping Station Alternative. Is the alternative compatible with the greatest public good? a. This alternative would not provide for wastewater utility service to the Intervening Properties, Alamo Creek, or the Lawrence /Leema Road Benefits District area. b. This alternative would be contrary to the District's policy to avoid the proliferation of additional pumping stations and their associated economic and environmental costs. Page 15 P: \PUBLIC \ENG - DEPT \WENDT RANCH STUDY STUDY.FINAL1- 3- 02.DOC C. This alternative would not be sensitive to creekside wetland and upland habitats since it would be more susceptible to wastewater overflow than gravity sewer alternatives due to the possibility of mechanical, electrical or control system problems. This alternative would not be subject to additional resource agency review and permitting processes. Cl. This alternative's could meet the schedule for needed wastewater utility service for the Wendt Ranch development. e. CCCSD operations and maintenance costs for this alternative would be significant and would include use of electrical energy, other utilities, chemicals, materials, equipment, vehicle trips and staff labor. f. Capital cost for this alternative was not estimated. 2. Is the alternative compatible with the least private injury? a. This alternative would require approximately 2,500 square feet of property to be held by CCCSD in fee. b. No properties outside of the Wendt Ranch development would be crossed for implementation of this alternative. C. Not applicable. d. Not applicable. Page 16 PAPUBLIMENG- DEPTMENDT RANCH STUDY STUDY.FINAL1- 3- 02.DOC N i 2 C.) 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O +J C cn � i En m C N t co -p ±' U U Q Q U O "O O ��– m m C) N N cu A SECTION FOUR CONCLUSION The ranking of the gravity sewer route alternatives is summarized in Table 3. Alternative One (behind the Siu home at the northwest corner of the Siu property) was selected as the staff- recommended alternative. It can provide gravity wastewater utility service to all of the potentially tributary area, would have the least potential to negatively impact sensitive creekside and wetland habitat areas, can be implemented to meet the schedule for needed service to the Wendt Ranch development, would have minimal operations and maintenance cost, and would have lower capital cost than all but Alternative Two. While the easement area required for Alternative One would be similar to other alternatives, the area would be distributed across two separate properties (in addition to the "Intervening Properties "), so the "take" required on the Siu property would be less than the other alternatives. No potential severance was identified for Alternative One, and the impact of maintenance access structures and disruption potential from routine or emergency maintenance was judged to be similar to the other alternatives. Alternative Two (between the Siu home and the pond) was ranked second because it would have relatively greater potential negative impact on sensitive creekside and wetland areas than Alternative One, and could be considered to sever the Siu property for some possible subdivision layouts. Alternative Three (between the pond and Alamo Creek) was ranked third because it would have relatively greater potential negative impact on sensitive creekside and wetland areas than Alternative One and Two, could be considered to sever the Siu property for some possible subdivision layouts, and would have considerably lower capital cost than Alternatives Four and Five. Alternative Five (fill the pond and route the sewer through the former pond area) was ranked fourth because it would have relatively greater potential negative impact on sensitive creekside and wetland areas than Alternative One, Two and Three, could be considered to sever the Siu property for some possible subdivision layouts, and would have considerably greater capital cost than all alternatives except Alternatives Four. Alternative Four (microtunnel north of the Siu and Richards /Brockman properties) was ranked fifth due its limited service area, the problems it would pose for routine and emergency maintenance, the disruption relaying sewer in Lawrence Road would cause, and the uncertainty regarding feasibility and very high capital cost of microtunneling. The Pumping Station Alternative was ranked last (sixth) since it would be contrary to CCCSD policy to avoid the proliferation of additional pumping stations and their associated econominc and environmental costs. Further, it would not be able to serve any of the potentially tributary areas except Wendt Ranch, and would pose a relatively greater potential to negatively impact sensitive creekside and wetland habitat areas. Page 21 P: \PUBLIC \ENG - DEPT \WENDT RANCH STUDY STUDY.FINAL1- 3- 02.DOC TABLE s: Ranking of Gravity Sewer Altert.atives Evaluation Issues Alternative One Two Three Four Five 1. Greatest Public Good a) Service to all? 1 1 2 3 1 b) Meets Design Standards 1 1 1 2 1 c) Environmental Issues 1 2 4 1 3 d) Schedule 1 1 3 2 4 e) O &M Costs 1 1 1 2 1 f) Capital Cost 2 1 3 5 4 2. Least Public Injury a) Easement Area, sq. ft. 24,795 24,855 27,105 22,275 23,100 b) Number of Properties 2 1 1 1 1 c) Severance 1 2 2 1 2 d) Disruption 1 2 2 3 2 Page 22 P- \Pl1RI IC \FNG- nFPT \WFNnT RANCH STUDY STl1nY.FINAI 1- 3- o2.nnC i 0 I.- �c W F— CO) W F— y V W Z W F— Z OZ W F— J Q F— W CL O QZ a cn W 2 LL O cc W Z O V H cn W H O Z W 2 H F— W E D F5 W F— Z_ W m cn a) O t c co O cn cn a) U U co N t co a) 3 co 4- O U O U a� t a� U C O U O O a) Q as CD C J M N a) cm N T- O O O M N O W W W w CD LA 00 00 O O 00 r 00 0 r Ln O m 0 Itt 00 00 (0 O �j 00 Ln 0 Ln M m M � N N 00 00 O 00 n 00 � a) M M CO O O I� 00 0) r- N T- N r- •— r- N r- N M H v} vs vs v> us v} yr vs vs v> as v> v> yr V O O O LO *� M O N O N C N 00 M M N M M -fi> U> -U> 4j> C LL LL LL Q Q J J J W W LL LL LL LL 73 LO M d7 M M 00 O 00 M d m N O O EQ N F— F— +; LL = LL O LO O Cl) c > j O O v v V U U C C O Z Cl) Q C Q C O _O O V O O O E c F- V U 4r (n >, G CL CL w CL cn m 0'C � ° U i a) N H a w o= w rn F- LLD ° O a� m O a`) c O +1 N � 0) >, >' co � w O a �jV F' C x O c U c U O) ! 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E i- LPL oO Ln co C .-? N O o U V U C O Z Cl) Q- C v O c V UE Q. Q. i a co o 1 co H CL a O O a O 0 c c N Z ca 0 _g F" C O 0 U N O U R Cl) O O U M N LU V C � Cr C. 'i L 4b O > '*= J Q C_ L > J Q J Q fCO O H � O O 00 w E N M Re Ln 0 N 00 O U 0) O C co O U N N U U co N L co O 3 cc O cn O U O t w O U C O O U 0 O a� CL co N C J In N N co CL n 1 El cc w D QO LL w H � W Q N CC OW V J a Cl) w 1- w m cc a Z Q Y v O cc m N D a 2 D Z Q _D N w H LL O 2 H O Z w Z D H U ►] _N O t c co O N U) a� U U O N t co O co O N O U N L N N U N O U O O N Q L ca N c J co N O rn ca A M It O (0 O 0 O LO C O O O O N N n It O � 0 c0 N O LO O O � O N n Ln co +�+ N Nt � 4 N O a) M 00 ^ r- LL7 C O T d LO 1- (D CO N n M V- N r sn sir sn sir vs t/} vs �/} t/} sir vs sir vY sir s/r y V O O O O O O O O Ln N N O N t0 = M sir sir .-- sn sir T- so> M sn N so 1-� sn sir M sn c LL LL LL LL LL Q Q LL LL LL J J J J J w w U) U) U) O Lo O 00 M N N 7 M M CO co N N c0 I- M d Co M Ln O LA 'O O. 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CO � N 4 N pp O •— N 00 n O O M 00 M M O r- M N 00 M LO M N r- M L!) I� F- vs v} t� vs vs vs v> vs vy •us v} tj). vs v> v} O O O V O O O O C N 00 M M N N LA N N M LL LL LL Q Q i- (n LL LL LL J J J W L u U U J U) 07 07 U) n O O Lf) O a 00 00 cfl LO Op ^ m M Ln C� LO cC a) O C Q a E CL -a a) ~ C O LL _ LL LL ,C U _ __ D O O O ll U o U c O °' O U O U U Q y c V oC H c ac c ac O 0) z O o a +� o L N V O O O vai LU 1- U +, CD c cD + Co U V a) O O I•• W a) a () w a� a) a) CL U) c a w � ° o U � w H OR > V a N � >O U O N CD C C N z >• E CD F: O lJJ W (� U Cr Cj) W I U) � U) 7 � C� N C0 c 2C LE LL tll C c C c c C -0 a c 0 O H 00 0 00 U 0 00 U D O we U Q (A (n (A O O E N M d' LO w n Co M W �- r co a) 0 L C E O U) U) U U a) t co CD ca O O U CD t CD 7 U Cl) O U O O a) CL co c J ti N a) LT cu CL ATTACHMENT f�ECEIVEr�i JAN 0 2 2003 CCCSD SECRETARY OF THE DISTRICT December 31, 2002 BINGHAM McCUTCHEN Direct: (925) 975 -5367 marie.cooper@bingham.com Our File No. 72272 -054 Boston A. Summary. Hartford London The sewer route your staff is recommending was relocated in response to Los Angeles Dr. Siu's objections to the original route. Even though the relocated route is New York not the most cost - effective, Central San staff agreed to pursue it in order to San Francisco Silicon Valley accommodate Dr. Siu's concerns. In addition, the relocated route represents a Singapore logical, orderly sewer route. This means that the sewer route being Walnut Creek recommended by your staff will serve the greatest public good with the least Washington private injury. Dr. Siu's recent request to locate the sewer under his stock pond (which he used to call "the Simpson Lake and Wildlife Preserve ") is simply an attempt to render his land developable without having to incur any burdens or expense himself. This is not a legitimate goal in the condemnation proceeding. Moreover, locating the sewer pipe under the stock pond would require hundreds of thousands of dollars and years of time to obtain the necessary permits from resource agencies. Dr. Siu has had ample opportunity to address the sewer issues. There is no cause for further delay of this project, which was approved in 1996. Dr. Siu's environmental claims are equally without merit. Dr. Siu claims that the 1996 EIR did not address the environmental impacts of the sewer, mentioning critical habitat for red - legged frogs. He (or entities with which he is affiliated) have brought these same claims before various courts, and they Board of Directors Central Contra Costa Sanitary District Bingham McCutchen LLP Suite 210 5019 Imhoff Place 1333 North California Blvd. Martinez, CA 94553 PO Box V Walnut Creek, CA Re: Wendt Ranch; Siu Condemnation 94596 -1270 Dear Members of the Board: 925.937.8000 925.975.5390 fax We are writing on behalf of Shapell Industries of Northern California, to urge you to adopt the resolution of necessity recommended by your staff and not binghom.com accede to Dr. Siu's requests for further delay. Boston A. Summary. Hartford London The sewer route your staff is recommending was relocated in response to Los Angeles Dr. Siu's objections to the original route. Even though the relocated route is New York not the most cost - effective, Central San staff agreed to pursue it in order to San Francisco Silicon Valley accommodate Dr. Siu's concerns. In addition, the relocated route represents a Singapore logical, orderly sewer route. This means that the sewer route being Walnut Creek recommended by your staff will serve the greatest public good with the least Washington private injury. Dr. Siu's recent request to locate the sewer under his stock pond (which he used to call "the Simpson Lake and Wildlife Preserve ") is simply an attempt to render his land developable without having to incur any burdens or expense himself. This is not a legitimate goal in the condemnation proceeding. Moreover, locating the sewer pipe under the stock pond would require hundreds of thousands of dollars and years of time to obtain the necessary permits from resource agencies. Dr. Siu has had ample opportunity to address the sewer issues. There is no cause for further delay of this project, which was approved in 1996. Dr. Siu's environmental claims are equally without merit. Dr. Siu claims that the 1996 EIR did not address the environmental impacts of the sewer, mentioning critical habitat for red - legged frogs. He (or entities with which he is affiliated) have brought these same claims before various courts, and they Board of Directors Central Contra Costa Sanitary District December 31, 2002 Page 2 have been turned down every time a court has reached a decision. In any event, the sewer was studied in the Wendt Ranch EIR; both a superior and appellate court have already ruled that the EIR complies with CEQA, and there are no unstudied impacts. B. Wendt Ranch Has Already Undergone Extensive Environmental Review. Bingham en h McCutc LLP bingtcen Lm The County Board of Supervisors certified an EIR for Wendt Ranch in 1996. That EIR addressed a sewer main flowing southward from the project site, underneath Alamo Creek. (Wendt Ranch Draft EIR, p. III.0 -22) The EIR explained that the exact location of the sewer easement had not been identified, and it studied impacts of constructing the sewer line in that general location. (Id.) In addition, the Army Corps of Engineers has issued a Section 404 permit to fill waters within the Corps' jurisdiction at Wendt Ranch. The Regional Water Quality Control Board has issued a water quality certification in connection with that fill permit, and the State Water Resources Control Board summarily dismissed petitioners' appeal of that certification. The U.S. Fish & Wildlife Service has also weighed in, issuing a biological opinion allowing the development project to proceed. C. Several Courts Have Already Determined That Dr. Siu's Challenges To The Wendt Ranch Environmental Review Are Without Merit. Save Our Danville Creeks, an entity with whom Dr. Siu is affiliated, has asserted the same environmental claims Dr. Siu makes in this context in several lawsuits. SODC has lost its claims at every turn. SODC, along with others, brought suit challenging the Wendt Ranch EIR. Of course, if Dr. Siu contended that the EIR's analysis of the sewer line or biological impacts was invalid, he was required to assert those claims in that lawsuit. Further, if Dr. Siu wanted to process a sewer line location under his stock pond, he could have pursued that option in 1996. Dr. Siu did neither, and SODC's challenge to the EIR was unsuccessful. Both the superior and appellate courts ruled that the EIR fully complied with CEQA. SODC then brought another lawsuit challenging Wendt Ranch in federal court. This suit is against the U.S. Fish & Wildlife Service and the U.S. Army Corps of Engineers. Plaintiffs raised the same claims relating to the red - legged frog and vernal pool fairy shrimp as Dr. Siu raises here. However, soon after filing Board of Directors Central Contra Costa Sanitary District December 31, 2002 Page 3 their lawsuit plaintiffs withdrew their fairy shrimp claims. Then, the federal court, in a 22 -page decision, denied plaintiffs' motion for a preliminary injunction.' On November 8, 2002, the Ninth Circuit Court of Appeal upheld the district court's denial of the preliminary injunction. Save Our Danville Creeks and others also have sued the Regional Water Quality Control board and the State Water Resources Control Board over the Bingham McCutchen LLP water quality certification issued for Wendt Ranch. Petitioners again raised binghom.com the same claims regarding environmental impacts and the need for a supplemental or subsequent EIR. This firm filed papers opposing their claims, explaining that: • the Regional Board already determined that the detention basin will improve, not degrade, water quality; • the sewer line has not substantially changed since the original EIR; • substantial evidence supports the conclusion that there is no habitat on the project site for vernal pool fairy shrimp; • the project includes substantial mitigation for the red - legged frog, and the U.S. Fish & Wildlife Service determined in its November 6, 2001 Biological Opinion (published after the designation of critical habitat) that the project would not adversely modify red - legged frog critical habitat. 2 After receiving the opposition papers, petitioners withdrew their motion for a preliminary injunction. Petitioners have never renewed their request for a preliminary injunction. ' A copy of the district court's opinion in Save Our Danville Creeks v. United States Army Corps of Engineers, United States District Court for the Northern District of California, Case C -02 -1306, is enclosed. 2 Enclosed are copies of the papers submitted in opposition to petitioners' motion in the water quality certification case: (1) Memorandum of Points and Authorities; (2) Declaration of Malcolm Sproul; (3) Declaration of J. Christian Truebridge; (4) Declaration of Uri Eliahu; and (5) Declaration of David Petersen, filed in Coalition to Save Tassajara Valley v. State Water Resources Control Board, Sacramento County Case No. 02 CS 00487. Board of Directors Central Contra Costa Sanitary District December 31, 2002 Page 4 These same petitioners also have sued to invalidate the grading permit the County issued for Wendt Ranch. They raise claims similar to those they asserted against the water boards, but in this instance have not even sought pre -trial relief against the County. In sum, Dr. Siu, acting through Save Our Danville Creeks, has challenged environmental determinations relating to the Wendt Ranch project in several Bingham McCutchen LLP venues. In every instance in which a court has ruled, it ruled against those binghom.com claims. In other instances, SODC decided the claims were not worth pursuing. If there were any question about the invalidity of the environmental claims Dr. Siu raises, it would be answered with the same mountain of evidence that persuaded the courts to rule against Dr. Siu. Finally, we note that Central San is not proposing this sewer route to make the Wendt Ranch project possible, but rather to replace the temporary sewer facilities also evaluated in the Wendt Ranch EIR and already under construction. We understand that although the pump station is a viable long -term solution, the District prefers gravity -based systems when possible. As we understand it, the District's policy is to avoid the proliferation of pumping stations because of their associated environmental and economic costs. These include the use of electricity, the additional materials, equipment, vehicle trips and staff labor required for operation and maintenance, the additional noise and odor impacts that must be mitigated, and the additional risk of waste water overflow associated with potential failure of mechanical and electrical equipment. This policy is intended to produce environmentally sound infrastructure while also assuring lower long -term costs. Accordingly, Shapell supports this solution for the Wendt Ranch project. D. Dr. Siu's Proposal To Locate The Sewer Line Under His Stock Pond Is Unsound. Dr. Siu has known about the sewer line proposed for his property since at least 1996. The condemnation proceedings before Central San have been going on for at least a year. Dr. Siu's decision to wait until now to propose his "under the stock pond" alternative is dilatory at best. In any event, the proposal is not one the District should be pursuing. This firm's extensive experience in processing regulatory entitlements to fill a pond establishes that doing so can take several years and cost several hundred Board of Directors Central Contra Costa Sanitary District December 31, 2002 Page 5 thousand dollars.3 In order to put the sewer line under the stock pond, the pond would have to be filled or altered to accommodate the line. Before filling or altering the pond, permits would have to be obtained from the U.S. Army Corps of Engineers, the Regional Water Quality Control Board and the California Department of Fish & Game. In our experience it generally takes 2 years or longer to secure these permits. Any filling activities would require a permit from the Corps pursuant to the Federal Clean Water Act, and as part of Bingham McCutchen LLP the issuance of such a permit, the Corps requires certification from the binghom.com Regional Water Quality Control Board that the fill will not have any adverse water quality impacts. This certification, known as a "Section 401" water quality certification takes, in our experience, well over a year to process. After the Corps and the Regional Board have issued permits, a "Streambed Alteration Agreement" would have to be obtained from the Department of Fish & Game before the pond could be altered in any way. This Agreement generally takes many months, and sometimes years, to process. It makes no sense for the District to pursue such a speculative and time - consuming process. Thank you for your consideration of our comments. Very truly yours, Marie A. Cooper Enclosures 30153889 2.DOC 3 For example, a recent Section 401 Water Quality Certification that we processed in Contra Costa County in order to obtain a Corps permit to fill 5 /100 of an acre of a very low quality jurisdictional wetland took over 14 months to process. Even worse, the Corps refused to issue a fill permit until the Water Quality Certification was issued, despite regulations that allow the Corps to issue such permits if there is a delay in the Section 401 processing. Moreover, it took almost a year before the Section 401 application was filed to negotiate an acceptable mitigation plan with the Corps, and the Corps waited several months after receiving the Section 401 certification to issue a permit. LE �J �f y r�1 LJ 3 fmOk �c O ''," A) CA rr v n rMIL CD CD Tn CD C �. r� � %< O �� Q. ° 1 CD L is 0 O ° ( 0 13 CD O W CD ° � CD (n CD O c rn CD Cl) ° CD CD C m_. CD o M LE �J �f y r�1 LJ 3 fmOk �c O ''," A) CA rr v n rMIL m0 0 o� lw -h �C o m cr 0 ��ch 0 = � �- ° c �. 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CD CD sa cD n 0 0 CL N �• c CD CD tD m -n -0 _ = o CD m• Q 0) CD o cc O p m CA C0 tD o -� c. o :3 CD cn m cn � o --f, T cn N c m o _. o z o' CD CD • CA M. co w co 0 °w No ° No W 0 °w • 0 O� n CD CL c CD .. m rMIL c� 3 c� 0 c� CL rMIL 70 as n O CA c� cD ml Central Contra Costa Sanitary District /J" AMIRN i BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: January 9, 2003 Na.: 7.a. BIDS AND AWARDS Type of Action: DECLARE NON- RESPONSIVE BID /AUTHORIZE AWARD Subject: DECLARE BID SUBMITTED BY FIRE & SECURITY ALARM COMPANY AS NOW RESPONSIVE AND AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO DEL MONTE ELECTRIC COMPANY INC. FOR THE TREATMENT PLANT FIRE ALARM PANEL IMPROVEMENTS, DISTRICT PROJECT NO. 6155 Submitted By: Ba T. Than, Senior Engineer Initiating Dept. /Div.: Engineering /Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION. -9 TT WITT B. Than C,„ yV. Brennan A. Farrell KI.A- K. Alm General ISSUE: On December 17, 2002, sealed bids were received and opened for the Treatment Plant Fire Alarm Panel Improvements, District Project No. 6155. The Board of Directors must authorize award of the contract or reject bids within 50 days of the bid opening. RECOMMENDATION: Declare bid submitted by Fire & Security Alarm Company as non- responsive and authorize award of a construction contract to Del Monte Electric Co. Inc. FINANCIAL IMPACTS: Approximately $94,000 including bid price, contingency, and project construction management. ALTERNATIVES /CONSIDERATIONS: Reject all bids, which is not recommended. BACKGROUND: The treatment plant fire alarm system was installed in 1975. The system is approved for service by the Contra Costa Fire District to monitor the activation of all manual pull stations and sprinkler detectors for the treatment plant facility. This system also includes two agent releasing zones designed to protect the computer in Plant Operations Control Room and records storage area. The existing fire alarm panel is obsolete and is no longer supported by its manufacturer. This project will replace the existing fire alarm control panel with a current state -of- the -art control panel, improve reliability and alarm response time, and continue protecting and preserving the District's buildings, operations and occupants. Refer to Attachment 1 for project location. Plans and specifications for this project were prepared by District staff. The engineering estimate for the construction cost is $72,000. The project was advertised on November 29 and December 4, 2002. Three (3) bids, ranging from $50,000 to $72,500, were received and publicly opened on December 17, 2002. A summary of these bids is shown in Attachment 2. LAPosition Papers \BTHAN \6155 Award.wpd Page 1 of 5 POSITION PAPER Board Meeting Date: January 9, 2003 Subject: DECLARE BID SUBMITTED BY FIRE & SECURITY ALARM COMPANY AS NOW RESPONSIVE AND AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO DEL MONTE ELECTRIC COMPANY INC. FOR THE TREATMENT PLANT FIRE ALARM PANEL IMPROVEMENTS, DISTRICT PROJECT NO. 6155 Fire & Security Alarm Company (FASAC) submitted only one document, which is the Contract, and failed to submit the appropriate bidding documents. Bids are considered as responsive when the bidders submit the following bid documents: Bidder's Statement of License; Schedule of Bid; Bidder's Statement of Equipment /Material /Products Manufacturers and Supplies; Bidder's Statement Of Subcontractors; Bidder's Statement of Financial Responsibility, Technical Ability, and Experience; Certificate Regarding Completion Time; Bidder's Bond; Contractor Safety Acknowledgment; Noncollusion Affidavit to be Executed by Bidder and Submitted with Bid; Certificate Regarding Inspection of Project Documents, Site, and Geotechncial Report; and Bidder's Acknowledgment of Addenda. Therefore, staff is requesting that the Board declare FASAC's bid non - responsive. The Capital Projects Division conducted a technical and commercial evaluation of the remaining bids and has determined that Del Monte Electric Company Inc. is the lowest responsible bidder with a bid amount of $66,709. Construction management, construction contract administration, and construction inspection will be performed by District staff. The allocation of funds required to complete this project, as shown in Attachment 3, is $94,000. The Treatment Plant Fire Alarm Panel Improvements Project is a part of the Treatment Plant Equipment Replacement which is included in the Fiscal Year 2002 -03 Capital Improvement Budget on pages TP- 110 through TP -1 1 1. Staff has determined that there are adequate funds in the Capital Improvement Budget and Plan for this project. Staff has concluded that this project is exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines, Section 15301, since it involves minor alterations to an existing sewage facility with no increase in capacity. Approval of this project will establish the Board of Directors' independent finding that this project is exempt from CEQA. RECOMMENDED BOARD ACTION: Staff recommends the following for the Board consideration: 1. Declare the bid submitted by Fire & Security Alarm Company as non - responsive, and 2. Authorize award of a construction contract in the amount of $66,709 for the Treatment Plant Fire Alarm Panel Improvements Project, District Project No. 6155, to Del Monte Electric Company Inc., the lowest responsive and responsible bidder. L: \Position Pape rs\BTHAN\61 5 5 Award.wpd Page 2 of 5 0 0 ISO 300 FEEr /1 Central contra costa TREATMENT PLANT FIRE ALARM PANEL Attachment Sanitary District IMPROVEMENTS PROJECT District Project X6155 _ Project Location 'LAgI M11, I law Page 3 of 5 ATTACHMENT 2 SUMMARY OF BIDS Project: TREATMENT PLANT FIRE ALARM PANEL IMPROVEMENTS DISTRICT PROJECT NO 6155 Location:_MARTINEZ. CALIFORNIA Date: DECEMBER 17, 2002 Engr. Est. $72.000 1 Fire & Security Alarm Company 1552 Beach Street $50,000* Oakland, CA 94608 2 Del Monte Electric Co. Inc. $66,709 2430 Sprig Court Suite E Concord, CA 94520 3 Dan Longacre Electric $72,500 2227 Serrano Way Pittsburg, CA 94565 Bids Opened by: /s/ Joyce Murphy Date: December 17. 2002 * This figure included in Contract; however, no bid documents were submitted. LAPosition Papers \BTHAN \6155 Award.wpd Page 4 of 5 ATTACHMENT 3 TREATMENT PLANT FIRE ALARM PANEL IMPROVEMENTS PROJECT POST - BID /PRE- CONSTRUCTION COST ESTIMATE Percent of Estimated Construction Phase Item Description Amount Cost 1 CONSTRUCTION a. Construction Contract $ 66,709 b. Contingency at 20% $ 14,291 c. Permit $ 2,000 TOTAL CONSTRUCTION $ 83,000 100% 2 CONSTRUCTION MANAGEMENT a. District Forces - Construction Management /Resident Engineering /Inspection $ 14,000 - Project Engineering /Operations Department $ 4,000 SUBTOTAL $ 18,000 22% b. Consultants - Material and Construction Testings $ 1,000 SUBTOTAL $ 1,000 1% TOTAL CONSTRUCTION MANAGEMENT $ 19,000 23% 3 TOTAL CONSTRUCTION PHASE COST $102,000 123% 4 TOTAL PREBID EXPENDITURES (DESIGN) $ 17,000 5 TOTAL DESIGN AND CONSTRUCTION MANAGEMENT COST $ 36,000 6 TOTAL ESTIMATED PROJECT COST $119,000 7 FUNDS AUTHORIZED TO DATE $ 25,000 8 ADDITIONAL ALLOCATION NEEDED TO COMPLETE PROJECT $ 94,000 20% 43% L: \Position Papers \BTHAN \6155 Award.wpd Page 5 of 5 State Budget Update ...................... ............................... The Dance begins - Gov. Davis Plans to deal with crisis January 9, 2003 What is the Crisis ? .x$34.8 billion deficit ®34% Increase in State spending ®It's revenue driven ®Problems with California tax structure ®No one saw it coming ? Last Week's 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 1 Not Much New .*No new budget or program cuts announced: *Posturing begins, programs defended +Governor talks of creating jobs 500,000 over 4 years +New taxes expected, help from Washington +County predicts $50 to $100 million shortfall Latest clues .Reforming tax structure +Allow Governor to make mid -year cuts ®New State "small business advocate" ®PUC to have Office of Economic Development ®Business tax credits ®More high -tech jobs 2 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: January 9, 2003 No.: 9.a. Admi ni strati ve Type of Action: CONSIDER BUDGET STRATEGIES Subject: CONSIDER NEAR TERM DISTRICT RESPONSE TO STATE OF CALIFORNIA BUDGET CRISIS Submitted By: Initiating Dept. /Div.: Charles W. Batts, General Manager Administrative Department REVIEWED AND RECOMMENDED FOR BOARD ACTION: General M4 ISSUE: The Board of Directors requested District staff to make recommendations to the Board on near term responses to the possible loss of ad valorem tax revenue. RECOMMENDATION: Consider near term recommendations of District staff to deal with possible loss of ad valorem taxes, and authorize General Manager to implement recommendations as directed by Board. FINANCIAL IMPACTS: The result of the recommended actions could save the District approximately $800,000 to $1 million during the remainder of the 2002 -2003 Operations and Maintenance Budget fiscal year. Initial estimates by staff are for a $4 million reduction in the District Capital Improvement Budget over the same period. Similar cost reduction measures would be part of the fiscal year 2003 -2004 Operations and Maintenance Budget and Capital Improvement Budget, to be presented at the January Board workshop and adopted by the Board in June 2003. ALTERNATIVES /CONSIDERATIONS: (1) Continue with the current practices using approved budgets and staffing plan, (2) Allow General Manager to implement steps outlined to the Board in his recommendations, and report results, or (3) Adopt policies that would require Board approval over some or all of the items recommended, or considered. BACKGROUND: At the Board meeting of December 19, 2002, the General Manager reported on the current status of the State of California's budget deficit, which is now estimated at $34.8 billion over the next eighteen months. This State shortfall is unprecedented and drastic action by the State will be required to address this serious problem. One of the proposals under discussion is the forfeiture of property tax by enterprise special districts. The threat of loss of property tax to special districts was outlined in Assembly Bill 8, enacted after Proposition 13 almost 25 years ago, which had the stated intent that enterprise special districts give up their property taxes. Recent reports by both the Legislative Analyst Office and the Little Hoover Commission Page 1 of 5 POSITION PAPER Board Meeting Date: January 9, 2003 Subject: CONSIDER NEAR TERM DISTRICT RESPONSE TO STATE OF CALIFORNIA BUDGET CRISIS recommended that property taxes be transferred from enterprise districts. Discussions with various legislators and lobbyists indicated that special district property taxes are now "on the table." The remaining ad valorem taxes account for 11 percent of the District revenue or approximately $6.5 million per year, the equivalent of approximately $45 on the Sewer Service Charge. This revenue is a portion of the local property tax paid by home owners that is allocated to the District. In 1992 the State allocated 40% of this tax to the schools to replace monies from the State's General Fund. A similar proposal is expected this year as part of the response to the State's budget deficit. While the District took care to pledge the ad valorem tax to debt service in order to protect this revenue, there is no certainty that the District will continue to receive this income. In his presentation, the General Manager indicated that the loss of ad valorem tax is not entirely unexpected, and that District staff has instituted several measures to reduce expenses during the current fiscal year. It was planned that this issue would be discussed in more detail at the Annual Board Financial Planning and Policy Workshop scheduled for January 30, 2003. The recommended course of action would be to reduce expenses throughout the District but with the bulk of the reductions in the District's Capital Program. The Board would be asked to reaffirm the existing $24 Sewer Service Charge increase for the fiscal year 2003 -2004, and consider substantial rate increases if property taxes are forfeited. Such future rate increases would probably not recover all the revenue lost by the District, but with prudent spending and regular Sewer Service Charge increases, the District would continue to provide excellent customer service and permit compliance, and have an adequate capital replacement program to maintain the District's infrastructure. The General Manager outlined several possible areas of savings, and indicated that a program would be established to monitor results. The General Manager recommended that the January 30, 2003 Annual Board Financial Planning and Policy Workshop be used to develop a recommended long term course of action. The Board, after discussion, asked to have the near term recommendations presented to the Board for consideration at the January 9, 2003 Board meeting. These recommendations are to be an interim strategy until the Board has the opportunity to go through the financial workshops planned for this spring and until the full impact of the State budget crisis is known. The Board indicated their grave concern over the possible loss of ad valorem taxes and its impact on the District operations and future rate increases. Board Member Lucey suggested some areas he would like the Board to consider, and asked that they be included as part of any discussion. Other Board Members concurred with this suggestion. The near term recommendations to deal with the possible loss of ad valorem taxes are, in summary: Page 2 of 5 POSITION PAPER Board Meeting Date: January 9, 2003 subject: CONSIDER NEAR TERM DISTRICT RESPONSE TO STATE OF CALIFORNIA BUDGET CRISIS • Conditional Hiring Freeze - The General Manager would initiate an immediate hiring freeze. Any filling of positions would be conditional upon working with the Board Personnel Committee to justify such positions based on critical need. With the Board Personnel Committee's approval, the General Manager would announce to the Board any proposed budgeted positions to be filled in the future. Board concurrence would be needed to initiate any recruitment process. This would allow critical positions needed for the operation of the District to be filled, and also reduce budgeted labor costs. • Review of Temporary and Contract Employees - The General Manager will review the status and timetable of all such employees with the Board Personnel Committee this month, and the Board Personnel Committee will provide staff guidance to determine if they are filling a critical need. Temporary and contract employees have been used to fill needed short term positions critical to the District. At present the District has less than ten temporary and contract employees. The retention of any existing temporaries, if supported by the Board Personnel Committee, would be made known to the full Board. Any proposed new temporary or contract employees would need to be approved by the Personnel Committee. The District plans the continued use of summer students and co -op employees. • Reduction in Non - critical Overtime - The Department Directors will increase scrutiny of overtime for need and customer service. District overtime used will be limited to critical operation and customer service functions. A large portion of the District overtime is budgeted for normal shift relief and staffing. The General Manager will include an overtime report as part of the monitoring of District cost savings measures. Curtailment in Travel and Conferences - The District's Department Directors will oversee and reduce the use of the Technical Training, Conference and Meetings account. While some of this training is to improve performance, improve technical skills, or attend professional meetings where District staff are involved, there are reductions that can be made. The General Manager will announce to the Board any plans of staff to attend approved out -of -state travel. Any savings in this account will be reported as part of the overall savings in the Operations and Maintenance Budget. * Reduction in Operating Costs - The Department Directors, as part of the current budget and Board Workshop preparation, are evaluating all expenses and purchases planned for the remainder of the year. Deferral and Page 3 of 5 POSITION PAPER Board Meeting Date: January 9, 2003 subject: CONSIDER NEAR TERM DISTRICT RESPONSE TO STATE OF CALIFORNIA BUDGET CRISIS elimination of certain items or commodities should result in savings although these accounts reflect only a minor portion of the budget. Any savings will be reported as part of the overall savings in the Operations and Maintenance Budget. Deferral of Major Maintenance - The Operations Department management team will be reviewing upcoming planned maintenance activities and projects to identify budgeted work for possible deferral. This analysis must include current maintenance costs, projected future costs, customer service issues, and associated operating risk. Permit compliance must remain the central issue. This analysis will be done at the division level. While possible savings can be generated in this area, this effort requires a case by case decision by those individuals responsible for permit compliance and employees' safety. The overall savings will be reported to the Board as part of the overall Operations and Maintenance savings. Postponement of Future Capital Projects - The District's proactive Capital Program has reduced the number of projects critical to permit compliance, and allows staff to defer capital projects into future years as a method of balancing the cost and workload. Engineering and Operations staff are currently reevaluating capital projects scheduled over the next several years for possible deferral. There are several critical factors that must be weighed by staff in making such decisions: the risk of future problems in operations or compliance, the need to interface with other agencies on District projects, escalation in future costs, staff availability, cost impacts, etc. The Capital Program will be a critical element of the District's efforts to adjust to the loss of ad valorem taxes, with approximately $4 million being deferred this fiscal year. Initial evaluations of project deferrals will be presented at the January Board Workshop and the spring Capital Improvement Budget Workshop. These projects should be budgeted in future years as either the need, or the availability of funding allows. * Review of Capital Projects for Cost Savings Measures - The District's Engineering Department has already started an internal "value engineering" program to review current capital projects for cost savings, alternative cost - effective approaches, and reductions in scope. Since each capital project must be evaluated separately and weighed against the associated risks, this will be done by the value engineering, project customer, and the project design team. Updates can be given to the Board Capital Projects Committee as appropriate, and project savings detailed in individual project position Page 4 of 5 POSITION PAPER Board Meeting Date: January 9, 2003 Subject: CONSIDER NEAR TERM DISTRICT RESPONSE TO STATE OF CALIFORNIA BUDGET CRISIS papers. Reviews of the District's Capital Improvement Budget will show actual accumulated savings. This is the result of a conscious effort by staff to reduce spending where possible in anticipation of the loss of ad valorem tax revenue. * Other Measures - District staff is also considering other measures that could aid in the lowering of District expenses if there is a reduction in revenue. These suggestions will be brought to the Board on a case by case basis for discussion and consideration. In many cases, these measures will involve reduction in the areas of customer service or public outreach. Staff realizes the importance of continuing excellent customer service to our public and will carefully weigh such concerns against reducing costs. Staff will also be reviewing the actual cost of District services provided to developers and the public to ensure the full cost of such services is being recovered. The Board will be presented a "fees and charges" review as part of the budget process in the spring. * Delay Contract Negotiations - The Board discussed having the District's negotiators approach the various employee organizations about delaying the scheduled contract negotiations until the financial position of the District is clear as to the impact of the State's budget and possible loss of ad valorem taxes. A Closed Session is scheduled for this meeting to discuss this topic with the District's negotiators. Additional information and ideas may also be presented at the Board meeting, or by staff in future Board meetings. For some time, staff has been aware of the possible loss of ad valorem taxes and the resulting impact on District programs. While such a major loss in revenue will significantly impact these programs, staff believes that the continued cost reduction strategy of the past, and new cost reduction measures taken in response to the current threat of loss of revenue, along with rate increases, will allow the District to continue to meet its goals of compliance, customer service, responsible rates, and striving to be a high - performance organization. RECOMMENDED BOARD ACTION: Consider near term recommendations by District staff to deal with possible loss of ad valorem taxes, and authorize General Manager to implement recommendations as directed by the Board. Page 5 of 5 I Near Term Strategy .................. ............................... Proposals for responding to the anticipated loss of ad valorem tax revenues January 9, 2003 Conditional Hiring Freeze ®Immediate hiring freeze ®Management and Personnel Committee to work together on critical positions ®Board concurrence needed to hire 17 Unfilled Positions, 9 budgeted Savings with benefits $1 million Review of Temporary and Contract Employees *GM to review all temp positions w /Personnel Committee in January *Committee to give guidance on what is a "critical need" *Board to approve retention of current temps +Committee to approve any new temps ®Continue use of summer students and co -ops 7 Temporary Positions,1 Contract Employee 1 Reduction in Non - Critical Overtime +Directors to increase scrutiny of OT *Limit OT to critical operations and customer service functions ®Shift relief and staffing accounts for much OT *GM will report OT to Board Overtime report will be against budgeted line Item Curtail Travel & Conferences *Directors to oversee & reduce *GM will report to Board on planned out - of -state travel *GM will report savings to Board Budget report will show savings in budgeted accounts Reduce Operating Costs ®Directors are re- evaluating budgeted expenses and purchases through June '03 ®Some savings can be realized (but they are a minor part of the budget) ♦GM will report savings to Board Budget report will show savings In budgeted accounts 2 Defer Major Maintenance +Operations management team to identify & analyze possible deferrals +Analysis to include current & future costs, customer service issues, operating risks +Permit compliance, safety are central issues +Deferrals to be decided on case -by -case basis +GM to report savings to Board Budget report will show savings in budgeted accounts Postpone Capital Projects +Capital Program is flexible to balance cost and workload issues + Engineering & Operations management are re- evaluating projects to identify possible deferrals +Critical factors include future operating or compliance risks, need to interface with other agencies, future cost escalation, staff availability, costs, other +$4 million to be deferred in current FY +Evaluations will be presented at ]an 30 workshop, spring CIB workshop Capital Project Cost Savings *"Value Engineering" program to review current projects for cost savings, alternatives, reductions in scope +CIB Committee to be updated +Savings to be detailed in position papers ®CIB reviews to show accumulated savings 3 Other Measures ®Staff actively looking for other cost savings +Proposals will be brought to Board ®Probable reductions in customer service, public outreach ®Staff will give high priority to customer service issues ®Additional cost recovery from public, developers to be considered ® Fees and charges review to be included in spring budget process Delay Contract Negotiations? ®Consider asking employee bargaining units to delay negotiations for 6 months ®Financial position might be clearer then *Will require cooperation of all employee bargaining groups 4