HomeMy WebLinkAbout3/20/2003 AGENDA BACKUPCentral Contra Costa Sanitary District
BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: March 20, 2003 No.: 3.a. CONSENT CALENDAR
Type of Action: CONFIRM PUBLICATION
subject: ADOPT A RESOLUTION CONFIRMING PUBLICATION OF DISTRICT
ORDINANCE NO. 224 AMENDING DISTRICT CODE SECTION 6.20.300
SCHEDULE OF REIMBURSEMENT FEES TO ESTABLISH A REIMBURSEMENT
FEE APPICALBE TO PROPERTY WHICH COULD DIRECTLY CONNECT TO
DISTRICT PROJECT 5480 SEWERS
Submitted By:
Joyce E. Murphy
Secretary of the District
Initiating Dept. /Div.:
Administrative Department
REVIEWED AND RECOMMENDED FOR BOARD ACTION.
General
r
ISSUE: Section 6490 of the Health and Safety Code of the State of California provides
that District ordinances shall be published once in a newspaper of general circulation
within the District, and provides that an Order of the Board of Directors of the District to
the effect that the ordinance has been published shall constitute conclusive evidence
that publication has been properly made.
RECOMMENDATION: Adopt a resolution confirming the publication of District
Ordinance No. 224.
FINANCIAL IMPACTS: None related to this issue.
ALTERNATIVES /CONSIDERATIONS: Establishes presumption that the ordinance
was correctly published and therefore would be deemed procedurally valid in court.
BACKGROUND: District Ordinance No. 224 which was adopted by the Board at the
meeting of February 6, 2003, and which amends District Code Section 6.20.300
Schedule of Reimbursement Fees to establish a reimbursement fee applicable to
property which could directly connect to District Project 5480 Sewers, was published in
the Contra Costa Times on February 20, 2003. Proof of publication is attached.
RECOMMENDED BOARD ACTION: Adopt a resolution confirming the publication of
District Ordinance No. 224.
Page 1 of 3
S:\ADMIN\MURPHY\Agendas\PP.ORD224.doc
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of Contra Costa
I am a citizen of the United States and a resident of the
County aforesaid; I am over the age of eighteen years,
and not a party to or interested in the above - entitled
matter.
I am the Principal Legal Clerk of the Contra Costa Times,
a newspaper of general circulation, printed and published
at 2640 Shadelands Drive in the City of Walnut Creek,
County of Contra Costa, 94598.
And which newspaper has been adjudged a newspaper of
general circulation by the Superior Court of the County of
Contra Costa, State of California, under the date of
October 22, 1934. Case Number 19764.
The notice, of which the annexed is a printed copy (set in
type not smaller than nonpareil), has been published in
each regular and entire issue of said newspaper and not
in any supplement thereof on the following dates, to -wit:
February 20
all in the year of 2003
I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Executed at Walnut Creek, Calif rnia.
On this 0 day of Febru ry, 0 3
... � ......... ..................
Signatur
Contra Co to Times
P O Box 4 47
Walnut Creek, CA 94596
(925) 935 -2525
Proof of Publication of:
(attached is a copy of the legal advertisement that
published)
Page 2 of 3
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March 2.2003
Ib� A, and B. hereto
ORDINANCE NO.
Al
N
Into the tDis�Mct Code; how-w-
AN OPEN
CENTRAL A
w
ever, copies of same shell
be melntalned In the Dls-
SANTTARY ISTRICT
AMEND DISTRICT
CON@ comments on the pt
proposed reimbursement w
trot ofrces and made
aysllable for bspectlon dur-
SECTION 6.200
ULE REIM RSEM
tea was conducted at the 6
Board of Directors' regular-
the erode where the
w act mbtraement fee
FEES TO ESTABLJSE ARE
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IMCBUpRBLEEMT0NpTpOP APPLt-
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Section 4
This Ordirna�ncle shall be a
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PROJEECT�6480 STR
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WHEREAS, the Genital
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PASSED AND ADOPTED by
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February, 2003, by the fol-
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Chaptr. .20 p.Ad a for
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Ht�ckett, MeneslN,
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reimbursement fee for Pe
NOES: Members: None
ABSENT: Members: Neled-
WHEREAS, Dletrictp��
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to prolect 5480 7C
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5480 sewers the location
of which are 'a�lt�owwnn on Ex-
hibk A of this Orrrnerrx, b-
be as follows: 4tl
Sr
District Project Number (71
h/ nrW R. Lucsy
Pro Tom PresWpntof the
Board of tors,
Corpcxated In full herein by
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Reimbursement
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APPROVED as to form:
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Pub M February 20, 2003
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RESOLUTION NO. 2003-
RESOLUTION CONFIRMING PUBLICATION OF DISTRICT ORDINANCE NO. 224
AMENDING DISTRICT CODE SECTION 6.20.300 SCHEDULE OF
REIMBURSEMENT FEES TO ESTABLISH A REIMBURSEMENT FEE
APPLICABLE TO PROPERTY WHICH COULD DIRECTLY CONNTECT TO
DISTRICT PROJECT 5480 SEWERS
WHEREAS, Section 6490 of the Health and Safety Code of the State of
California provides that District ordinances shall be published once in a newspaper of
general circulation within the District, and provides that an Order of the Board of
Directors of the District to the effect that the Ordinance has been published shall
constitute conclusive evidence that publication has been properly made.
NOW, THEREFORE, be it resolved by the Board of Directors of the Central
Contra Costa Sanitary District as follows:
THAT District Ordinance No. 224 which was adopted on February 6, 2003, and
which amends District Code Section 6.20.300 Schedule of Reimbursement Fees to
establish a reimbursement fee applicable to property which could directly connect to
District Project 5480 Sewers, has been properly published once since its adoption in a
newspaper of general circulation within Contra Costa County.
PASSED AND ADOPTED by the Central Contra Costa Sanitary District Board of
Directors this 201h day of March, 2003 by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
President of the Board of Directors,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
Secretary of the Central Contra Costa
Sanitary District, County of Contra
Costa, State of California
Approved as to Form:
Kenton L. Alm
District Counsel
Page 3 of 3
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: March 20, 2003 No.: 3.b. CONSENT CALENDAR
Type of Action: SET DATE FOR PUBLIC HEARING
subject: ESTABLISH APRIL 17, 2003, AS THE DATE FOR A PUBLIC HEARING TO
RECEIVE COMMENTS ON A PROPOSED REIMBURSEMENT FEE FOR THE
PROPERTIES WHICH COULD CONNECT TO JOB 5515 (FINLEY LANE, ALAMO)
Submitted By: Initiating Dept✓Div.:
Jarred Miyamoto - Mills, Engineering /Environmental Services
Principal Engineer
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
J. yamoto -Mills C. SWAU A. II harles
General
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 April 17,
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
5515 (Finley Lane, Alamo).
FINANCIAL IMPACTS: None related to this action.
ALTERNATIVES /CONSIDERATIONS: Not Applicable
BACKGROUND: Design and construction of Job 5515, a main extension in Finley
Lane, Alamo, 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 public 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
UAPosition Papers \Case \PubHearReimFees03.doc Page 1 of 3
POSITION PAPER
Board Meeting Date: March 20, 2003
Subject: ESTABLISH APRIL 17, 2003, AS THE DATE FOR A PUBLIC HEARING TO
RECEIVE COMMENTS ON A PROPOSED REIMBURSEMENT FEE FOR THE
PROPERTIES WHICH COULD CONNECT TO JOB 5515 (FINLEY LANE, ALAMO)
set for the hearing. The notice is to include a general description of the reimbursement
fee program, a description of the facility that was constructed which gives rise to the
proposed fee, and the amount of the proposed fee.
RECOMMENDED BOARD ACTION: Establish the Board's regularly scheduled
meeting on April 17, 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 5515 (Finley Lane, Alamo).
UAPosition Papers \Case \PubHearReimFees03.doc Page 2 of 3
ATTACHMENT 1
Location Map
Page 3 of 3
Central Contra Costa Sanitary District
f BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: March 20, 2003 No.: 4.a. HEARINGS
Type of Action: CONTINUE HEARING DATE
subject: CONTINUE THE PUBLIC HEARING TO CONSIDER THE ESTABLISHMENT
OF THE ARBOR LANE CONTRACTUAL ASSESSMENT DISTRICT NO. 2002 -4
UNTIL APRIL 17, 2003
Submitted By:
Russell B. Leavitt, Management
Analyst
initiating DeptJDiv.:
Engineering /Environmental Services
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
R. Leavitt C. SwIn'fon A
C arles W. at ,
General Marjager
ISSUE: A public hearing is required to establish the Arbor Lane Contractual
Assessment District (CAD) No. 2002 -4 in Alamo. A public hearing is also required to
create an assessment district pursuant to the procedure adopted under Proposition
218, which amended the California Constitution, Article XIII D, Section 4. The Board
scheduled the public hearing for March 20, 2003. Due to a design problem, the hearing
needs to be continued to April 17, 2003.
RECOMMENDATION: Continue the public hearing regarding Arbor Lane CAD No.
2002 -4 pursuant to California Constitution, Article XIII D, Section 4, and Streets and
Highways Code, Sections 5898.20 and 5898.24 until April 17, 2003.
FINANCIAL IMPACTS: None
ALTERNATIVES /CONSIDERATIONS: Not applicable
BACKGROUND: The Board scheduled the public hearing for the Arbor Lane CAD No.
2002 -4 for March 20, 2003. Since scheduling the hearing, a design problem related to
the sewer alignment has arisen which could affect the cost of the project. To allow time
to resolve this issue, the public hearing needs to be continued to a later date.
RECOMMENDED BOARD ACTION: Continue the public hearing regarding Arbor Lane
CAD No. 2002 -4 pursuant to California Constitution, Article XIII D, Section 4, and
Streets and Highways Code, Sections 5898.20 and 5898.24 until April 17, 2003.
Page 1 of 1
T: \Planning \Leavitt \CADSWrbor Lane \Continue Hearing Date.doc
Central Contra Costa Sanitary District
,r BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: March 20, 2003 No.: 6-a- BIDS AND AWARDS
Type of Action: AUTHORIZE AWARD /AUTHORIZE AGREEMENT
Subject. AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO BAY CITIES
PAVING AND GRADING, INC., AND AUTHORIZE A CONSULTANT AGREEMENT FOR
THE TREATMENT PLANT SOIL REMEDIATION PROJECT, DISTRICT PROJECT 7113
Submitted By: Initiating Dept /Div.:
Munawar Husain, Associate Engineer Engineering /Capital Projects
REVIEWED AND RECOMMENDED FOR .
FOR BOARD ACTION
�T 1 /
M. Husain B. Than W. Brennan A. Farrell Charles . B
General Ma ger
ISSUE: On March 4, 2003, sealed bids were received and opened for construction of
the Treatment Plant Soil Remediation Project, District Project 7113. The Board of
Directors must authorize award of the contract or reject bids within 50 days of the bid
opening. Authorization of the Board of Directors is required for the General Manager to
execute a professional service agreement in an amount greater than $50,000.
RECOMMENDATION: Authorize award of a construction contract, and authorize a
professional service agreement.
FINANCIAL IMPACTS: An expenditure of approximately $684,000, including bid price,
contingency, construction management, and implementation of the health and safety
requirements included in the settlement agreement with the Department of Toxic
Substances Control (DTSC).
ALTERNATIVES /CONSIDERATIONS:
1. Authorize Award of Contract — The alternative would be to reject all bids.
2. Authorize Agreement — The professional services agreement with GeoSyntec
Consultants is for construction support, testing, air monitoring, and the
Implementation Report to DTSC. The District does not have the staff,
technicians, equipment, and facilities to provide these services. In addition, the
construction support services are normally provided by the design firm to
maintain consistency and ensure the design intent is met.
BACKGROUND: During geotechnical studies for the Headworks Bypass Pipeline
project in 1990, high levels of petroleum hydrocarbon compounds and lead were
detected at several locations at the treatment plant site. A majority of the contamination
was in Holding Basin A South and the surcharge fill area. The discovery of these
LAPosition Papers \HUSAINOP7113..doc Page 1 of 8
POSITION PAPER
Board Meeting Date: March 20, 2003
subject: AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO BAY CITIES
PAVING AND GRADING, INC., AND AUTHORIZE A CONSULTANT AGREEMENT FOR
THE TREATMENT PLANT SOIL REMEDIATION PROJECT, DISTRICT PROJECT 7113
compounds led to development of a larger study to determine the extent and level of
contamination throughout the plant site.
Approximately 25 years ago, 3,000 cubic yards of petroleum waste from Shell Oil was
deposited at the District treatment plant site. The thick sludge part of the waste was
used to stabilize the marshy soils at the plant site. A lighter fraction of the sludge was
used to control erosion along the sludge lagoon and holding basin levees.
The project provides for the placement of compacted soil cap over Basin A South and
the surcharge fill area using soil stockpiled in Basin A South. The minimum depth of
the cap will be 12 inches. Work also includes grading the soil cover to drain, addition of
access roads and ramps, and upgrading of existing access roads. Work shall be
performed under a Health and Safety Plan. Construction will follow the requirements of
the Final Removal Action Workplan approved by the DTSC on March 25, 2002. See
Attachment 1 for project location.
The preliminary construction cost estimate in the spring of 2001 was $1,000,000,
including a cost of $300,000, for clean soil cover material. The project qualified for a
streamlined regulatory process by having an estimated construction cost of $1,000,000
or less. District staff was then able to stockpile 50,000 cubic yards of clean soil from
several collection system projects and other outside sources. The cost to import and
test this import soil was approximately $100,000. This saved the District $200,000 in
construction costs.
The design of the Treatment Plant Soil Remediation Project was a combined effort of
District staff and GeoSyntec Consultants. The final engineer's estimate for the
construction cost was $600,000. The project was advertised on February 3 and 10,
2003. Fourteen (14) bids ranging from $404,500 to $973,365 were received and
publicly opened on March 4, 2003. A summary of these bids is shown in Attachment 2.
The Capital Projects Division conducted a technical and commercial evaluation of these
bids and determined that Bay Cities Paving and Grading, Inc., is the lowest responsible
and responsive bidder with a bid amount of $404,500.
The allocation of funds required to complete this project, as shown in Attachment 3, is
$684,000. The Treatment Plant Soil Remediation Project is included in the Fiscal Year
2001 -2002 and 2002 -2003 Capital Improvement Budget on Pages TP47 through TP49.
Construction management, contract administration, and construction inspection will be
performed by District staff.
L: \Position Papers \HUSAIN \DP7113..d0c Page 2 of 8
POSITION PAPER
Board Meeting Date: March 20, 2003
subject: AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO BAY CITIES
PAVING AND GRADING, INC., AND AUTHORIZE A CONSULTANT AGREEMENT FOR
THE TREATMENT PLANT SOIL REMEDIATION PROJECT, DISTRICT PROJECT 7113
GeoSyntec Consultants has satisfactorily performed during the planning and design
phases of this project. Staff recommends retaining GeoSyntec Consultants to provide
support services during construction. Support services include reviewing shop
drawings and submittals, responding to design questions, evaluating change order
requests, testing, and performing site visits to verify compliance with the design intent.
A construction support services contract with a ceiling of $36,000 has been negotiated
with GeoSyntec Consultants. Air - quality monitoring services to ensure worker safety in
compliance of the agreement with DTSC will also be performed by GeoSyntec
Consultants for a cost of $60,000. An additional contract amendment of $20,000 is
needed to prepare and submit the Implementation Report to DTSC at the conclusion of
contract work. The total cost of the agreement with GeoSyntec Consultants will be
$116,000.
The environmental impacts of this project were addressed in a Notice of Exemption
issued by the Lead Agency, DTSC, on March 25, 2002. A copy of the Notice of
Exemption is included as Attachment 4. DTSC found the project was exempt from the
California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15330,
Minor Actions to Prevent, Minimize, Stabilize, Mitigate, or Eliminate Release of
Hazardous Waste or Substances. The award of this contract will establish the Board of
Directors' independent findings that, as a Responsible Agency, it has reviewed and
considered the Notice of Exemption during its deliberations on the project.
RECOMMENDED BOARD ACTION: Staff recommends for the Board's approval the
following:
1. Authorize award of a construction contract in the amount of $404,500 for
construction of the Treatment Plant Soil Remediation Project, District Project
7113, to Bay Cities Paving and Grading, Inc., the lowest responsible and
responsive bidder; and
2. Authorize the General Manager to execute a professional service agreement not
to exceed $116,000 with GeoSyntec Consultants to review shop drawings and
submittals, respond to design questions, evaluate change order requests,
perform site visits to verify compliance with design intent, provide air monitoring
services during construction, and to prepare the Implementation Report for
DTSC.
LAPosition Papers \HUSAIN \DP7113Aoc Page 3 of 8
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Central Contra Costa Attachment
Sanitary District TREATMENT PLANT SOIL REMEDIATION
1 District Project 7113 1
Project Location
Page 4 of 8
Attachment 2
Central Contra Costa Sanitary District
SUMMARY OF BIDS
PROJECT NO.: 7113 DATE: MARCH 4, 2003
PROJECTS NAME: TREATMENT PLANT SOIL REMEDIATION PROJECT
LOCATION: MARTINEZ, CALIFORNIA ENGINEER'S EST.: $600,000
No
BIDDER
BID PRICE
Name & address
1
Bay Cities Paving & Grading, Inc.
$404,500
5029 Forni Drive, Concord, CA 94520
2
North Bay Construction Inc.
$415,065
431 Pa ran Street, P.O. Box 6004, Petaluma, CA 94955
3
McGuire & Hester
$449,976
9009 Railroad Avenue, Oakland, CA 94603
4
Ferma Corporation
$455,000
1265 Montecito Ave., Suite 200, Mountain View, CA 94043
5
Granite Construction
$507,006
120 Granite Rock Way, San Jose, CA 95136
6
HSR Inc.
$525,036
3150 Almaden Ex p., Suite 250, San Jose, CA 95118
7
Grade Tech, Inc.
$548,000
10250 Crow Canyon Rd., Castro Valley, CA 94552
8
D.R. Lemings Const.
$573,000
P.O. Box 2173, Concord, CA 94521
9
Delta Oil Field Services, Inc.
$592,425
1201 E. Kentucky Avenue, P.O. Box 1675, Woodland, CA 95776
10
O.C. Jones & Sons, Inc.
$623,326
1520 Fourth Street, Berkeley, CA 94710
11
Clemens Construction Co.
$629,750
P.O. Box 494639, Redding, CA 96049
12
Rick Armstrong Engineering & Building Contractor, Inc.
$687,700
4950 Buckley Cove Way, #1, Stockton, CA 95219
13
Pacific States Environmental Contractors, Inc.
$773,106
11555 Dublin Blvd., Dublin, CA 94568
,L j
MARCOR Remediation, Inc.
2052 Edison Avenue_ San LeandLQ__GA_24577
$973,365
BIDS OPENED BY /s/ Joyce Murphy DATE March 4, 2003 SHEET NO. 1 OF 1
CADocuments and Settings \MHUSAIMMy Documents \7113B1-1.1WPD.wpd Page 5 of 8
ATTACHMENT 3
TREATMENT PLANT SOIL REMEDIATION PROJECT
DISTRICT PROJECT NO. 7113
POST BID /PRECONSTRUCTION COST ESTIMATE
No. ITEM DESCRIPTION
1. CONSTRUCTION
a. Construction Contract
b. Contingency at 20 Percent
c. Erosion Control — First Year
d. Air monitoring and Implementation Report to
DTSC
TOTAL CONSTRUCTION
2. CONSTRUCTION MANAGEMENT
a. District Forces
• Construction Management/Resident
Engineering /Inspection
• Project Engineering /Operations Department
SUBTOTAL
b. Consultants
• Construction Support and Testing Services
• Legal
SUBTOTAL
TOTAL CONSTRUCTION MANAGEMENT
3. TOTAL CONSTRUCTION PHASE COST
4. PREBID DESIGN EXPENDITURES
5. TOTAL DESIGN AND CONSTRUCTION
MANAGEMENT COST
6. TOTAL DESIGN, CONSTRUCTION MANAGEMENT,
AND CONSTRUCTION COST
7. INVESTIGATION, REGULATORY, AND PLANNING
COSTS
8. FUNDS AUTHORIZED TO DATE
9. ADDITIONAL ALLOCATION NEEDED TO COMPLETE
PROJECT
PERCENT OF
ESTIMATED
ESTIMATE CONSTRUCTION
COST ($) COST
404,500
80,500
20,000
80,000
585,000 100
50,700
6,000
56,700
10
36,000
5,000
41,000
7
97,700
17
682,700
117
120,000
21
217,700 38
802,700
1,505,000
1,623,700
684,000
LAPosition Papers \HUSAIN \7113Award Att3.doc Page 6 of 8
JVinston H. Hickox
Agency Secretary
California Environmental
Protection Agency
Attachment 4
Department of Toxic Substances Control
Edwin F. Lowry, Director
700 Heinz Avenue, Suite 200
Berkeley, California 94710 -2721
NOTICE OF EXEMPTION
Gray Davis
Governor
To: Office of Planning and Research From: Department of Toxic Substances Control
1400 Tenth Street, Room 121 Northern California
Sacramento, CA 95814 Coastal Cleanup Operations Branch
700 Heinz Avenue, Suite 200
Berkeley, CA 94710 -2721
Project Title: Removal Action Workplan (RAW) - Central Contra Costa Sanitary District Site
Project Location - Specific: Central Contra Costa Sanitary District
Basin A South and Surcharge Fill Area
5019 Imhoff Drive, Martinez
Project Location - City: Unincorporated
Project Location - County: Contra Costa
Description of Project: The project is placement of a cap over contaminated soil as presented in a
Removal Action Workplan which is subject to review and approval by the Department of Toxic Substances
Control (DTSC). The proponent entered into a voluntary cleanup agreement with DTSC for the purpose of
conducting this action. The removal action consists of placement of a cap of at least 12 inches of clean soil
over soil contaminated with refinery waste material (consisting of organic sludge, lead sulfate, dirt, sulfuric
acid, water, tars, and wood debris), to prevent direct contact with the waste material. Soil sampling
detected lead, cadmium, chromium, petroleum hydrocarbons quantified as diesel, benzene, toluene,
ethylbenzene, xylene, polynuclear aromatic hydrocarbons, and oil and grease.
The cap will cover the Basin A South and Surcharge Fill Areas, and will require importation of
approximately 43,000 cubic yards of clean soil. It is estimated that approximately 40 truck loads of clean
soil will be transported to the site per day for about 60 working days (about 12 weeks). The trucks will
follow a truck route, shown in Figure 1 in Appendix C of the Removal Action Workplan, that directs traffic
through non - residential areas. The trucks will be covered when loaded, and will normally operate between
the hours of 9:00 a.m. and 4:00 p.m. to avoid peak commute hours (estimated to be before 9:00 a.m. and
after 4:00 p.m.).
During cap construction, basic and enhanced dust control measures will be implemented, pursuant to Bay
Area Air Quality Management District guidelines, resulting in a less- than - significant air quality impact.
Additional control measures, including stopping dust generating activities, will be implemented if significant
visible dust migrates offsite (particularly across roads).
Long term maintenance of the cap will be performed pursuant to an Operation and Maintenance Plan
approved by DTSC. The maintenance plan will provide for regular inspections to check for erosion, rodent
holes, ponding of water, etc., and will include measures to address problems identified during the
inspections. Inspections would be performed at least monthly and after each use of the basin for storm
water runoff. The thickness of the cap (12 inches) provides allowance for some erosion between
inspections, while maintaining adequate cover to prevent direct contact with the underlying waste material.
The cap thickness will be assumed to be preserved if the surface vegetation is intact (areas where
vegetation is missing due to erosion, etc. will be repaired and brought up to the grade of the adjacent,
vegetated, portion of the cap).
Groundwater beneath the Site is not being used for drinking water, and is not considered a potential
drinking water source, due to high electrical conductivity measurements. Groundwater monitoring has
detected only low level contamination in the center of the Site, and monitoring performed adjacent to
Pane 7 of 8
Notice of Exemption
Central Contra Costa Sanitary District Site
Page 2
Grayson Creek indicates that cor.taminants are not migrating offsite (and not contaminating the creek). The
waste material has been at the Site for over thirty years, and leachability tests of the waste material indicate
that the contamination is not very soluble (and will not readily migrate to the groundwater). Groundwater
monitoring will continue to be performed to check contaminant levels and migration. Since the soil cap is
not intended to act as an impermeable layer, groundwater recharge is not expected to be significantly
affected due to placement of the cap. The cap will be graded and compacted to minimize ponding and
erosion, and to drain surface water to the Basin A South drain for treatment in the District's treatment plant
(prior to discharge or reuse). Also, erosion control matting will be installed on steep slopes, and geotextile
material will be used in drainage areas, to control erosion.
The Site is a portion of a publicly owned treatment works (POTW), zoned H -1 (Heavy Industrial), and is
located northeast of the junction of Interstate 680 and Highway 4, in an unincorporated portion of Contra
Costa County surrounded by the City of Martinez. The Site is bounded by commercial and industrial
properties on all sides. The nearest offsite commercial receptors are located approximately 700 feet from
the Site. The nearest residential receptors are located approximately 2,000 feet from the Site. The noise
generated by heavy equipment is not expected to be significant, due to the distance to offsite receptors and
the presence of existing background noise from Highway 4 and Interstate 680.
Name of Public Agency Approving Project: California Environmental Protection Agency
Department of Toxic Substances Control
Name of Person or Agency Carrying Out Project: Central Contra Costa Sanitary District
Exempt Status: 14 CCR Section 15330 Minor Actions to Prevent, Minimize, Stabilize, Mitigate or
Eliminate Release of Hazardous Waste or Substances.
Reasons Why Project is Exempt: 1. The removal action will take place entirely onsite within the fenced
boundaries of a publicly owned treatment works facility. The Site is zoned industrial and is located in
approximately 2,000 feet from the nearest residences. 2. Placement and grading of the cap will be
conducted by qualified personnel. If any waste material is handled, it will be performed by personnel
qualified to handle hazardous substances. All such activities will be under the oversight of DTSC project
personnel. The proponent will be subject to a DTSC approved health and safety plan designed to protect
the health of workers as well as the local population. 3. Dust control measures will be conducted at the site
to assure maintenance of air quality in the vicinity of the site. 4. Clean soil will be hauled by transporters
using routes approved by DTSC. The estimated 40 trucks per day will avoid peak commute hours and not
add a significant or unusual traffic burden to the projected route to the Site. 5. Groundwater impacts are
not significant and surface water will be controlled to minimize erosion. 6. Groundwater monitoring will
continue to be performed pursuant to an approved monitoring plan, to check for contaminant levels and
migration. 7. Noise will not cause a significant impact, due to the distance to offsite receptors, the existence
of elevated background noise due to the proximity of Highway 4 and Interstate 680, and because noise
generating activities will occur only during daylight hours.
Lead Agency Contact Person: Barbara J. Cook, P.E. Area Code/Telephone: (510) 540 -3843
Signature:" ``�`"-' C `'���`� Date: z-
Chief. Northern Califo a- Coastal Cleanup Operations Branch
Date received for filing at OPR:
Revised by DTSC, PEAS
7/28/93
'NOE.FRM Page 8 of 8
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Central Contra Costa Sanitary District
BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: March 20, 2003 No.: 6. b. BIDS AND AWARDS
Type of Action: AUTHORIZE AWARD /AUTHORIZE AGREEMENT
Subject: AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO POWER
ENGINEERING CONTRACTORS AND AUTHORIZE A CONSULTANT
AGREEMENT WITH KENNEDY /JENKS FOR THE CONSTRUCTION OF THE
OUTFALL IMPROVEMENTS, PHASE 5, DISTRICT PROJECT NO. 7197
Submitted By: Initiating Dept./Div.:
Gary E Rathunde, Associate Engineer Engineering / Capital Projects
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
,4- 11t42A
8-T-T
G. Rathun a D. Than . Br an A. FarrelV Charles W. alts,
General Manager
ISSUE: On February 27, 2003, sealed bids were received and opened for construction
of the Outfall Improvements Project, Phase 5, District Project No. 7197. The Board of
Directors must authorize award of the contract or reject bids within 50 days of the bid
opening. Authorization of the Board of Directors is required for the General Manager to
execute professional service agreement in an amount greater than $50,000.
RECOMMENDATION: Authorize award of a construction contract and authorize a
professional service agreement.
FINANCIAL IMPACTS: Approximately $1,947,000 including bid price, contingency,
and construction management.
ALTERNATIVES /CONSIDERATIONS:
1. Authorize Award of Contract - The alternative would be to reject all bids.
2. Authorize Agreement - The professional services agreement with Kennedy /Jenks
Consultants is for construction support services (shop drawing review and
responding to design clarifications). The District does not have the staff
available to provide these services. In addition, the construction support
services are normally provided by the design firm to maintain consistency and
ensure the design intent is met.
BACKGROUND: Final effluent from the District's wastewater treatment plant is
discharged to Suisun Bay through an outfall pipeline that was constructed in 1958. A
long -term, multi -phase program to improve the outfall and effluent pumping system was
initiated in 1984. The first phase of the work established alternatives for maximizing
effluent discharge capacity, produced a partial outfall maintenance management plan,
UPosition Papers \Rathunde \7197 Award.DOC Page 1 of 6
POSITION PAPER
Board Meeting Date: March 20, 2003
Subject: AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO POWER
ENGINEERING CONTRACTORS AND AUTHORIZE CONSULTANT AGREEMENT
WITH KENNEDY /JENKS FOR THE CONSTRUCTION OF THE OUTFALL
IMPROVEMENTS, PHASE 5, DISTRICT PROJECT NO. 7197.
and developed a methodology for the inspection and rehabilitation of the outfall.
Subsequent phases included inspection and testing of pipeline joints, applying seals to
damaged joints, installing thrust restraints, constructing permanent access structures,
providing surge protection, installing a primary effluent pump, installing a final effluent
pump, rehabilitating the outfall weir structure, reinstalling flexible neoprene flaps on the
submarine diffusers, and installing additional inclinometer casings along the outfall
alignment.
The District's National Pollutant Discharge Elimination System (NPDES) permit,
Regional Water Quality Control Board (RWQCB) Order No. 01 -068, authorizes the
District to drain and inspect its outfall approximately every five years. The scope of
work, as defined by the permit, requires the District to verify the pipe alignment and
assess the physical integrity of pipe joints, bracing, and air release valves. Repairs will
be made within the pipeline to keep the outfall in a healthy running status. Attachment
1 shows the location of this project work.
The design of the Outfall Improvements Project, Phase 5, was a combined effort of
District staff and Kennedy /Jenks Consultants. The Engineer's Estimate for construction
cost for this project was $1,325,000. The project was advertised on January 10 and 15,
2003. Eight (8) bids ranging from $1,445,886 to $2,263,998 were received and publicly
opened on February 27, 2003. A summary of these bids is shown in Attachment 2.
The engineer's estimate was lower than the bidder's prices due to an under estimate of
the total costs for groundwater control, which included removal, on -site storage,
analysis by a certified analytical laboratory, and transport to a specified discharge point.
The Capital Projects Division conducted a technical and commercial evaluation of these
bids and has determined that Power Engineering Contractors is the lowest responsible
and responsive bidder with a bid amount of $1,445,886.
District staff will perform construction management, contract administration, and
construction inspection. Staff recommends retaining Kennedy /Jenks to provide support
services during construction for this project because Kennedy /Jenks prepared the plans
and specifications and, therefore, has a solid understanding of the project design. The
construction support services include reviewing shop drawings and submittals,
responding to design questions, evaluating change order requests, and performing site
visits to verify compliance with the design intent. A construction support services
contract with a ceiling of $60,000 has been negotiated with Kennedy /Jenks.
LAPosition Papers \Rathunde \7197 Award.DOC Page 2 of 6
POSITION PAPER
Board Meeting Date: March 20, 2003
subiect: AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO POWER
ENGINEERING CONTRACTORS AND AUTHORIZE CONSULTANT AGREEMENT
WITH KENNEDY /JENKS FOR THE CONSTRUCTION OF THE OUTFALL
IMPROVEMENTS, PHASE 5, DISTRICT PROJECT NO. 7197.
The allocation of funds required to complete this project, as shown in Attachment 3, is
$1,947,000. The Outfall Improvements Project, Phase 5, is included in the fiscal year
2001 -2002 and 2002 -2003 Capital Improvement Budget on pages TP -123 through TP-
125. Staff has determined that adequate funds are available and expenditures are
consistent with the current Capital Improvement Budget.
Staff has concluded that this project is exempt from the California Environmental
Quality Act (CEQA) under District CEQA Guidelines Section 15301, since it involves
repairs to an existing sewage facility with no increase in capacity. Approval of this
award establishes the Board of Directors' independent finding that this project is exempt
from CEQA.
RECOMMENDED BOARD ACTION: Staff recommends for the Board's approval the
following:
1. Authoriize award of a construction contract in the amount of $1,445,886 for
construction of the Outfall Improvements, Phase 5, District Project 7197, to
Power Engineering Contractors, the lowest responsible and responsive bidder,
and
2. Authorize the General Manager to execute a professional service agreement not
to exceed $60,000 with Kennedy /Jenks Consultants to review shop drawings
and submittals, respond to design questions, evaluate change order requests,
and perform site visits to verify compliance with the design intent.
LAPosition Papers \Rathunde \7197 Award.DOC Page 3 of 6
----,Page 4 of 6
ATTACHMENT 2
CENTRAL CONTRA COSTA SANITARY DISTRICT
SUMMARY OF BIDS
PROJECT NO.: 7197 DATE: FEBRUARY 27, 2003
PROJECTS NAME: OUTFALL IMPROVEMENTS PROJECT, PHASE 5
LOCATION: MARTINEZ, CALIFORNIA ENGINEER EST.: $1,325,000
No
BIDDER
BID PRICE
(Name & address)
1
Power Engineering Contractors
$1,445,886
1501 Viking Street, Suite 200
Alameda, CA 94501
2
GSE Construction
$1,451,789
1020 Shannon Court
Livermore, CA 94550
3
Abhe & Svoboda
$1,567,702
PO Box 251
17066 Revere Way
Prior Lake, MN, 55372
4
J Fletcher Creamer & Sons
$1,569,930
12874 San Fernando Road
Sylmar, CA 91342
5
Mountain Cascade, Inc
$1,622,222
555 Exchange Ct.
Livermore, CA 94550
6
McKee Corporation & Nelson Construction
$1,641,300
501 Cesar Chavez (Army), Suite 204
San Francisco, CA 94124
7
Valentine Corporation
$1,698,369
PO Box 9337
San Rafael, CA 94912
8
Steelhead Constructors
$2,263,998
2940 Innsbruck Drive
Redding, CA 96003
BIDS OPENED BY /s/ Joyce Murphy DATE February 27, 2003 SHEET NO. 1 OF 1
Page 5 of 6
ATTACHMENT 3
OUTFALL IMPROVEMENTS PROJECT, PHASE 5
DISTRICT PROJECT NO. 7197
POST BID /PRECONSTRUCTION COST ESTIMATE
Page 6 of 6
PERCENT OF
ESTIMATED
ESTIMATE
CONSTRUCTION
No.
ITEM DESCRIPTION
COST ($)
COST
1.
CONSTRUCTION
a. Construction Contract
1,445,886
b. Contingency (15 percent)
217,114
c. Permit
50,000
TOTAL CONSTRUCTION
1,713,000
100
2.
CONSTRUCTION MANAGEMENT
a. District Forces
- Construction Management/Resident Engineering /Inspection
130,000
- Project Engineering /Operations Department
40,000
SUBTOTAL
170,000
b. Consultants
- Office Engineering During Construction
60,000
- Material and Construction Testings
20,000
SUBTOTAL
80,000
TOTAL CONSTRUCTION MANAGEMENT
250,000
15
3.
TOTAL CONSTRUCTION PHASE COST
1,963,000
115
4.
TOTAL PREBID EXPENDITURES
174,000
10
5.
TOTAL DESIGN AND CONSTRUCTION MANAGEMENT COST
424,000
25
6.
TOTAL ESTIMATED PROJECT COST
2,137,000
7.
FUNDS AUTHORIZED TO DATE
190,000
8.
ADDITIONAL ALLOCATION NEEDED TO COMPLETE PROJECT
1,947,000
Page 6 of 6
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Central Contra Costa Sanitary District
r BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: March 20, 2003 No.: g.a. ENGINEERING
Type of Action: AUTHORIZE CHANGE ORDER
Subject. AUTHORIZE THE GENERAL MANAGER TO EXECUTE A CONSTRUCTION
CHANGE ORDER GREATER THAN $50,000 TO D'ARCY AND HARTY
CONSTRUCTION ON THE COLLECTION SYSTEM RENOVATIONS SPOT REPAIRS
2002/2003, DISTRICT PROJECT 5622
Submitted By: Initiating Dept /Div.:
Tad J. Pilecki, Principal Engineer Engineering /Capital Projects
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
ecki W. Brennan A. Farrell Charles at
General Manag r
ISSUE: Authorization of the Board of Directors is required for the General Manager to
execute a construction change order in an amount greater than $50,000.
RECOMMENDATION: Authorize the General Manager to execute a construction
change order greater than $50,000 to Darcy and Harty Construction on the Collection
System Renovations Spot Repairs 2002/2003, District Project 5622.
FINANCIAL IMPACTS: Approximately $50,000 to $100,000. Staff will provide more
detailed costs by the March 20, 2003, Board meeting.
ALTERNATIVES /CONSIDERATIONS: Do not authorize the change order, and staff
will pursue the work as part of the Walnut Creek Renovation Project, Phase 1.
However, due to the exigency in repairing worn infrastructure and an opportunity to time
such replacement with a project concurrently constructed by EBMUD, this alternative is
not recommended.
BACKGROUND: East Bay Municipal Utility District (EBMUD) is in the process of
replacing one of its water mains in Mount Diablo Boulevard between Alpine Road and
Bonanza Street with a 12 -inch water line. During construction, EBMUD construction
crews discovered that the proposed water line alignment and the District's existing 6-
inch sewer are in conflict. Given the concentration of other utilities, EBMUD cannot
change its alignment without significant impacts to traffic flow.
The District's 6 -inch sewer in Mount Diablo Boulevard had been identified by Collection
System Operations as being in poor shape and in need of replacement. Staff had
originally scheduled the replacement of this 6 -inch sewer as part of this year's Walnut
Creek Sewer Renovation Project, Phase 1, which would commence later this summer.
I: \Design \Position Papers\2003 \DP5622 -2.doc Page 1 of 2
POSITION PAPER
Board Meeting Date: March 20, 2003
subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE A CONSTRUCTION
CHANGE ORDER GREATER THAN $50,000 TO D'ARCY AND HARTY
CONSTRUCTION ON THE COLLECTION SYSTEM RENOVATIONS SPOT REPAIRS
2002/2003, DISTRICT PROJECT 5622
In an effort to foster cooperation between EBMUD and the District, to reduce
significantly the impacts on the public, and to replace a section of worn infrastructure,
staff proposes to replace the 6 -inch sewer at this time utilizing D'arcy and Harty
Construction. The alignment of the replacement sewer would be shifted to the south 1
to 2 feet making room for the water line, albeit very tight. Construction would take place
concurrently with EBMUD's water line replacement project in the same stretch of Mount
Diablo Boulevard.
A contract change order is being negotiated with D'arcy and Harty Construction and is
anticipated to exceed $50,000. Staff hopes to provide the Board with a better estimate
of the cost at the March 20th Board meeting. D'arcy and Harty was recently awarded
the Construction Contract for the Collection System Renovations Spot Repairs 2002/
2003, District Project 5622, as the lowest responsible bidder.
It is in the best interest of the District to proceed in the manner recommended, as it will
avoid tremendous difficulty and significant additional costs in pursuing the alternative
course of action. If the District does not take advantage of an opportunity to schedule
this replacement of the section of sewer during a concurrent construction project,
District staff will have to excavate the same section of Mt. Diablo Blvd. at an additional
cost, and will have to coordinate traffic impact flows with the City of Walnut Creek.
Additionally, it will be more difficult to replace the sewer infrastructure with EBMUD's
water main already in place. Lastly, the current shape of the 6 -inch sewer line requires
replacement as soon as practicable.
RECOMMENDED BOARD ACTION: Authorize the General Manager to execute a
construction change order greater than $50,000 to D'arcy and Harty Construction on
the Collection System Renovations Spot Repairs 2002/2003, District Project 5622.
I: \Design \Position Papers\2003 \DP5622 -2.doc Page 2 of 2
Central Contra Costa Sanitary District
_ BOARD
OF DIRECTORS
POSITION PAPER
Board Meeting Date: March 20, 2003
Type of Action: APPROVE RESOLUTION
No.: 11.a. BUDGET AND FINANCE
subject: APPROVE A BOARD RESOLUTION TO ADOPT THE REVISED 401(A)
MONEY PURCHASE PLAN DOCUMENT, ADOPTION AGREEMENT, AND
SEPARATE EGTRRA AMENDMENT
Submitted By Initiating Dept /Div.:
Debbie Ratcliff, Controller Administrative /Finance & Accounting
REVIEWED AND RECOMMENDED FOR BOARD ACTION.
D. Ratcli � M raves
General
ISSUE: Board authorization is needed to adopt the revised 401(a) Money Purchase
Plan Document, Adoption Agreement, and separate Economic Growth and Tax Relief
Reconciliation Act (EGTRRA) Amendment.
RECOMMENDATION: Approve a Board Resolution adopting the revised 401(a) Money
Purchase Plan Document, Adoption Agreement, and separate EGTRRA Amendment.
FINANCIAL IMPACTS: None
ALTERNATIVES /CONSIDERATIONS: Based on several Federal law changes, the
District is required to revise the 401(a) Money Purchase Plan Document.
BACKGROUND: The District established a Section 401(a) Money Purchase Plan
covering all full -time employees in January 1997. The Plan is administered by the
District's Deferred Compensation Plan Advisory Committee.
In 2001, President Bush signed into law the "Economic Growth and Tax Relief
Reconciliation Act of 2001." This law established several provisions which have major
impact on certain features of our 401(a) Money Purchase Plan Document. The most
important impact on our 401(a) plan is the new law allows portability of retirement
assets between retirement plans, ie; 401(a), 457 plans and traditional IRA's at the time
of termination or retirement.
Also, five other Federal laws were enacted from 1994 to 1998, which are referred to as
"GUST," an acronym from the first letter of four of the laws. These laws had relatively
minor changes to 401(a) plans. The one change that affects our plan is that in the past
401 plans would automatically cash out terminated participants with account balances
of $3,500 or less. This de minimis amount was increased from $3,500 to $5,000.
S:ADMIMPOSPAPEM401a & EGTRRA 3.20.03.doc Page 1 of 3
POSITION PAPER
Board Meeting Date: March 20, 2003
subject: APPROVE A BOARD RESOLUTION TO ADOPT THE REVISED 401(A)
MONEY PURCHASE PLAN DOCUMENT, ADOPTION AGREEMENT, AND
SEPARATE EGTRRA AMENDMENT
ICMA has administered the District's 401(a) Plan in full compliance with all of these
Federal law changes. All the various changes in the Federal laws have been included
in the revised Plan Document. The delay in bringing the revised Plan Document to the
District's Board of Directors has been that ICMA has been waiting for a favorable ruling
by the IRS on the GUST changes through the IRS determination letter process. A
favorable letter has recently been received from the IRS. The IRS has not begun
accepting determination letters on the EGTRRA changes yet. When a favorable
determination letter is received, it is possible that some future minor changes may be
needed.
The attached revised Plan Document, Adoption Agreement, and EGTRRA Amendment
were provided by ICMA Retirement Corporation. These documents have been
reviewed by Elizabeth Groenewegen from the legal firm of Trucker . Huss who
specializes in benefit law.
RECOMMENDED BOARD ACTION: The Deferred Compensation Plan Advisory
Committee recommends that the Board approve a Resolution adopting the revised
401(a) Money Purchase Plan, Adoption Agreement, and EGTRRA Amendment.
SAADMIN\POSPAPER \401a & EGTRRA 3.20.03.doc Page 2 of 3
RESOLUTION NO.
A RESOLUTION ADOPTING THE REVISED
401(A) MONEY PURCHASE PLAN DOCUMENT, ADOPTION AGREEMENT,
AND EGTRRA AMENDMENT
WHEREAS, the Employer has employees rendering valuable services; and
WHEREAS, the Employer has established a 401(a) Money Purchase Plan for
such employees that serves the interest of the Employer by enabling it to provide
reasonable retirement security for its employees and by assisting in the attraction and
retention of competent personnel; and
WHEREAS, the Employer has determined that the continuance of the 401(a)
Money Purchase Plan will serve these objectives; and
WHEREAS, amendments to the Internal Revenue Code have been enacted that
require changes to the structure of and allow enhancements of the benefits of the
401(a) Money Purchase Plan:
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the
Central Contra Costa Sanitary District hereby amends and restates the 401(a) Money
Purchase Plan Document and Adoption Agreement and adds a separate EGTRRA
Amendment as of March 2003.
PASSED AND ADOPTED this 20th day of March 2003, by the District Board of
the Central Contra Costa Sanitary District by the following vote:
AYES:
Members:
NOES:
Members:
ABSENT:
Members:
President of the Board of Directors
Central Contra Costa Sanitary District
COUNTERSIGNED: County of Contra Costa, State of California
Secretary of Central Contra Costa
Sanitary District, County of Contra
Costa, State of California
Approved as to Form:
Elizabeth Groenewegen
Benefit Counsel
SAADMURATCLIFRResolution - 457 Deferred Comp 02- 02.wpd Page 3 of 3
Central Contra Costa & . 0itary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: March 6, 2003 No•: 4.a. CONSENT CALENDAR
Type of Action: ACCEPT EASEMENT; QUITCLAIM EASEMENT
Subject: ADOPT RESOLUTIONS ACCEPTING JOB 5549 PUBLIC SEWER
IMPROVEMENTS, AUTHORIZING ACCEPTANCE OF A GRANT OF EASEMENT FOR
JOB 5549 - PARCEL 1 AND EXECUTION OF A QUITCLAIM DEED FOR PORTION OF
JOB 1552 - PARCEL 33 TO OP WALNUT CREEK, LLC, AND AUTHORIZING
RECORDING OF BOTH DOCUMENTS
Submitted By: Initiating DeptJDiv.:
Jarred Miyamoto - Mills, Engineering /Environmental Services
Principal Engineer
REVIEWED AND RECOMMEN D FOR BOARD ACTION.•
1K
*Bat J. Miyamoto Mills Swanson A. Farre Chrle
General Manager
ISSUE: The Board of Directors' authorization is required to accept and quitclaim
easements.
RECOMMENDATION: Accept Job 5549 public sewer improvements, and authorize
acceptance of an easement from and quitclaiming of an easement to OP Walnut Creek,
LLC. Authorize recording of both documents.
FINANCIAL IMPACTS: None.
ALTERNATIVES /CONSIDERATIONS: None.
BACKGROUND: The property at the corner of South California Boulevard and Mount
Diablo Boulevard in Walnut Creek is being redeveloped for movie theater and
commercial use. To facilitate the redevelopment, it was necessary to relocate a
fifteen -inch diameter public trunk sewer in an existing easement near the center of the
property to a new easement adjacent to South California Boulevard. The relocation
has been completed, the old pipeline has been abandoned and a replacement easement
over the new sewer has been offered to the District by the property owner, OP Walnut
Creek,LLC. Thus, the old easement is no longer needed and may be quitclaimed once
the replacement easement has been accepted. A map showing the replacement
easement and the abandoned easement to be quitclaimed is attached.
Staff has concluded that these transactions are exempt from the California
Environmental Quality Act (CEQA) under District CEQA Guidelines Section 15304,
since they involve minor alterations in land use limitations. Authorization of the
quitclaim and acceptance of the offered easement will establish the Board of Directors'
independent finding that these actions are exempt from CEQA.
2/26/03
U: \Position Papers\ Miyamoto - Mills \OPWalnutCreek.wpd Page 1 of 3
POSITION PAPER
Board Meeting Date: March 6, 2003
Subject: ADOPT RESOLUTIONS ACCEPTING JOB 5549 PUBLIC SEWER
IMPROVEMENTS, AUTHORIZING ACCEPTANCE OF A GRANT OF EASEMENT FOR
JOB 5549 - PARCEL 1 AND EXECUTION OF A QUITCLAIM DEED FOR PORTION OF
JOB 1552 - PARCEL 33 TO OP WALNUT CREEK, LLC, AND AUTHORIZING
RECORDING OF BOTH DOCUMENTS
RECOMMENDED BOARD ACTION: Adopt resolutions accepting Job 5549 pubic
sewer improvements and a replacement easement (Job 5549 - Parcel 1), authorizing
the President of the Board of Directors and the Secretary of the District to execute a
Quitclaim Deed for a portion of Job 1552- Parcel 33 to OP Walnut Creek, LLC, and
authorizing staff to record both documents with the Contra Costa County Recorder.
2/26/03
U: \Position Papers\ Miyamoto - Mills \OPWalnutCreek.wpd Page 2 of 3
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Page 3 of 3
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: March 6, 2003 No.: 4.b. CONSENT CALENDAR
Type of Action: SET PUBLIC HEARING DATE
Subject: SET APRIL 3, 2003 AT 2:00 PM AS THE DATE AND TIME FOR A PUBLIC
HEARING TO RECEIVE COMMENTS ON AND CONSIDER ADOPTION OF A
PROPOSED ORDINANCE TO AMEND CHAPTER 9.08 OF THE DISTRICT CODE
REGARDING REQUIREMENTS FOR BACKWATER OVERFLOW PREVENTION
DEVICES
Submitted By: Initiating Dept. /Div.:
Jarred Miyamoto -Mills Engineering /Environmental Services
Principal Engineer
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
cftp( t 11
J. iyamoto -Mills C. Swanson A. Farrell K. Alm "eB 0
ISSUE: The District Code requires that the Board of Directors conduct a public hearing
prior to considering adoption of an ordinance to amend the Code. To provide for proper
notice to the public, the Board must set a date for the hearing in advance.
RECOMMENDATION: Set April 3, 2003 at 2:00 PM, as the date and time for a public
hearing to receive comments on and consider adoption of a proposed ordinance to
amend Chapter 9.08 of the District Code regarding requirements for Backwater
Overflow Prevention Devices.
FINANCIAL IMPACTS: None.
ALTERNATIVES /CONSIDERATIONS: The Board can set the public hearing date and
time as recommended, set a different date and time, or decline to schedule a hearing
BACKGROUND: Backwater Overflow Prevention Devices effectively protect homes
and businesses from wastewater overflows when downstream blockages occur. The
District Code currently requires that these devices be installed whenever a new
connection to the District's public sewer is made and whenever a side sewer is altered,
extended or repaired. The proposed ordinance would amend the District Code to clarify
responsibilities for location and maintenance of Backwater Overflow Prevention
Devices, require installation of a Backwater Overflow Prevention Device whenever a
property is sold, and would establish procedures for property owners to request
exceptions to the requirements.
T:\Admin \Miyamoto -Mills \Ordinances \BOPD PP re date.doc Page 1 of 2
POSITION PAPER
Board Meeting Date: March 6, 2003
subject: SET APRIL 3, 2003 AT 2:00 PM AS THE DATE AND TIME FOR A PUBLIC
HEARING TO RECEIVE COMMENTS ON AND CONSIDER ADOPTION OF A
PROPOSED ORDINANCE TO AMEND CHAPTER 9.08 OF THE DISTRICT CODE
REGARDING REQUIREMENTS FOR BACKWATER OVERFLOW PREVENTION
DEVICES
RECOMMENDED BOARD ACTION: Set April 3, 2003 at 2:00 PM, as the date and
time for a public hearing to receive comments on and consider adoption of a proposed
ordinance to amend Chapter 9.08 of the District Code regarding requirements for
Backwater Overflow Prevention Devices.
T:Wdmin \Miyamoto -Mills \Ordinances \BOPD PP re date.doc Page 2 of 2
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: March 6, 2003 No•: 5.a. HEARINGS
Type of Action: CONDUCT PUBLIC HEARING
Subject. CONDUCT A PUBLIC HEARING: ADOPT A RESOLUTION OVERRULING
PROTESTS; ADOPT A RESOLUTION CONFIRMING COMPLIANCE WITH
CALIFORNIA CONSTITUTION, ARTICLE XIIID, SECTION 4; ADOPT A
RESOLUTION APPROVING ENGINEER'S REPORT AND ASSESSMENT AND
ORDERING IMPROVEMENT; AND AUTHORIZE EXECUTION OF AGREEMENT
WITH EL PINTADO PARCEL OWNERS IN CONJUNCTION WITH THE EL
PINTADO CONTRACTUAL ASSESSMENT DISTRICT NO. 2002 -8.
Submitted By: Initiating Dept. /Div.:
Curtis Swanson, Division Manager Engineering /Environmental Services
REVIEYKD AND RECOMMENDED FOR BOARD ACTION:
�V*
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C. Swanson
A. Farrell
K. Alm
ISSUE: A public hearing must be conducted to consider objections and inquiries
regarding the proposed assessment, the Resolution of Intention, the Engineer's Re ort,
annexation, and any other comments regarding El Pintado Contractual Assessment
District No. 2002 -8 (CAD No. 2002 -8).
RECOMMENDATION: Conduct the public hearing and consider approval of El Pintado
CAD 2002 -8.
FINANCIAL IMPACTS: The estimated total project cost is $158,965. The District has
authorized up to $1,000,000 for CADs in 2002 -03. To date, the Board has approved
one other CAD project this fiscal year. If approved, there will be $679,465 available for
other CADs.
ALTERNATIVES /CONSIDERATIONS:
1. Continue the public hearing to receive additional public comment or allow
additional deliberation.
2. Withhold or delay approval of the project.
2126/03
Page 1 of 12
U:ICADIEI PintadolPubHear.PP.doc
POSITION PAPER
Board Meeting Date: March 6, 2003
subject. CONDUCT A PUBLIC HEARING: ADOPT A RESOLUTION OVERRULING
PROTESTS; ADOPT A RESOLUTION CONFIRMING COMPLIANCE WITH
CALIFORNIA CONSTITUTION, ARTICLE XIIID, SECTION 4; ADOPT A
RESOLUTION APPROVING ENGINEER'S REPORT AND ASSESSMENT AND
ORDERING IMPROVEMENT; AND AUTHORIZE EXECUTION OF AGREEMENT
WITH EL PINTADO PARCEL OWNERS IN CONJUNCTION WITH THE EL
PINTADO CONTRACTUAL ASSESSMENT DISTRICT NO. 2002 -8.
BACKGROUND: A group of 4 parcel owners on El Pintado in Danville have requested
that the District form a contractual assessment district for the purpose of financing and
constructing a public sewer system that will benefit their properties. The El Pintado
CAD meets all of the criteria for formation of a contractual assessment district. There
are 8 properties that could benefit from this CAD project. The Board of Directors
adopted a Resolution of Intention to form a contractual assessment district on
September 5, 2002. The proposed sewer includes approximately 1,083 linear feet of 8-
inch sewer main, two standard manholes that will serve the proponents' 4 existing
properties, all of which have existing homes presently relying on septic tanks. A map
showing the proposed boundary and the proposed sewer location is presented as
Attachment A.
On September 5, 2002, the Board of Directors adopted a resolution directing the
preparation of a report for a Contractual Assessment District known as El Pintado CAD
No. 2002 -8. A report has been prepared, and assessments have been estimated.
(The Engineer's Report is being provided to the Board under separate cover.) On
February 6, 2003, the Board of Directors set a public hearing for March 6, 2003. Since
assessments are proposed to be levied on properties, the procedural requirements of
Proposition 218 do apply. Compliance with these requirements has been included in
the documents and actions proposed for Board consideration. In order to continue the
process for El Pintado CAD No. 2002 -8, the following actions are necessary:
Conduct a public hearing to:
a. announce the tabulation of ballots submitted by owners of each
affected parcel indicating approval or opposition to the proposed
assessment;
b. consider public testimony on the Resolution of Intention and the
Engineer's Report; and
C. consider public testimony related to annexation of the affected
parcels to the District.
Page 2 of 12
2126103
U: \CAD \EI Pintado \PubHear.PP.doc
POSITION PAPER
Board Meeting Date: March 6, 2003
subject. CONDUCT A PUBLIC HEARING: ADOPT A RESOLUTION OVERRULING
PROTESTS; ADOPT A RESOLUTION CONFIRMING COMPLIANCE WITH
CALIFORNIA CONSTITUTION, ARTICLE XIIID, SECTION 4; ADOPT A
RESOLUTION APPROVING ENGINEER'S REPORT AND ASSESSMENT AND
ORDERING IMPROVEMENT; AND AUTHORIZE EXECUTION OF AGREEMENT
WITH EL PINTADO PARCEL OWNERS IN CONJUNCTION WITH THE EL
PINTADO CONTRACTUAL ASSESSMENT DISTRICT NO. 2002 -8.
2. If, at the close of the hearing, the Board finds that protests and ballot
opposition are insufficient, the following resolutions may be considered
and adopted:
a. Resolution overruling protests of improvement (Exhibit B).
b. Resolution confirming compliance with California Constitution,
Article XIIID, Section 4 (Exhibit C).
C. Resolution approving the Engineer's Report, assessments, and
ordering improvement (Exhibit D).
The hearing also serves as a public hearing for annexation purposes as required by
LAFCO.
An agreement between the owners and the District is needed to establish the rights and
obligations of both parties. District Counsel has prepared such an agreement in which
the owners agree to:
assessments being placed on their property tax bills;
pay the assessments;
accept total responsibility for the design and construction of the sanitary
sewer extension;
require the contractor who is selected by the owners to maintain certain
insurance coverage;
accept total responsibility for the costs associated with the sanitary sewer
extension, including interest for District financing; and
have the sanitary sewer extension constructed in accordance with District
standards.
The District will:
finance the costs of the sanitary sewer extension;
accept the work of the contractor, provided the work is done in accordance
with District standards;
place assessments on owners' tax bills;
2/26/03 Page 3 of 12
UACADIEI Pintado\PubHear.PP.doc
POSITION PAPER
Board Meeting Date: March 6, 2003
subject. CONDUCT A PUBLIC HEARING: ADOPT A RESOLUTION OVERRULING
PROTESTS; ADOPT A RESOLUTION CONFIRMING COMPLIANCE WITH
CALIFORNIA CONSTITUTION, ARTICLE XIIID, SECTION 4; ADOPT A
RESOLUTION APPROVING ENGINEER'S REPORT AND ASSESSMENT AND
ORDERING IMPROVEMENT; AND AUTHORIZE EXECUTION OF AGREEMENT
WITH EL PINTADO PARCEL OWNERS IN CONJUNCTION WITH THE EL
PINTADO CONTRACTUAL ASSESSMENT DISTRICT NO. 2002 -8.
record as liens on the participants' properties the obligation of each
participant to pay assessments; and
be reimbursed in full by receiving payments, including interest, for the total
amount financed from owners over a ten -year period.
The agreement has been executed by all 4 affected parcel owners. It is appropriate,
therefore, to authorize the General Manager to execute the agreement on behalf of the
District.
The estimated cost of the El Pintado CAD No. 2002 -8 is $158,965. A summary of
project costs is shown in Exhibit E. Funding for the CAD Program is included in the
2001 -03 Capital Improvement Budget (CIB). The District has authorized up to
$1,000,000 for CAD projects during Fiscal Year 2002 -03. This is the second CAD to be
considered for approval in 2002 -03. If approved, there will be $679,465 available for
other CADs.
Staff has concluded that this project is exempt from the California Environmental
Quality Act (CEQA) under District CEQA Guidelines, Section 15061(b)(3), since it can
be seen with certainty that there is no possibility that the activity in question may have a
significant adverse effect on the environment. This certainty is based on the District's
past experience with numerous similar sewer construction projects, the developed
nature of the project environment, and the limited service area of the project (no
potential for growth inducement). Approval of the Engineer's Report will establish the
Board of Directors' independent finding that this project is exempt from CEQA.
RECOMMENDED BOARD ACTION: If a majority protest is not filed and if less than a
majority of returned ballots from affected parcel owners oppose the assessment, staff
recommends that the Board of Directors take the following actions:
• Conduct public hearing
• Adopt a resolution overruling protests.
Page 4 of 12
2/26/03
UACADTI Pintado\PubHear.PP.doc
POSITION PAPER
Board Meeting Date: March 6, 2003
subject. CONDUCT A PUBLIC HEARING: ADOPT A RESOLUTION OVERRULING
PROTESTS; ADOPT A RESOLUTION CONFIRMING COMPLIANCE WITH
CALIFORNIA CONSTITUTION, ARTICLE XIIID, SECTION 4; ADOPT A
RESOLUTION APPROVING ENGINEER'S REPORT AND ASSESSMENT AND
ORDERING IMPROVEMENT; AND AUTHORIZE EXECUTION OF AGREEMENT
WITH EL PINTADO PARCEL OWNERS IN CONJUNCTION WITH THE EL
PINTADO CONTRACTUAL ASSESSMENT DISTRICT NO. 2002 -8.
• Adopt a resolution confirming compliance with California Constitution, Article
XIIID, Section 4.
• Adopt a resolution approving the Engineer's Report, assessments, and ordering
improvement.
• Authorize the General Manager to execute an agreement with the El Pintado
owners.
Page 5 of 12
2/26/03
UACADIEI Pintado\PubHear.PP.doc
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Page 6 of 12
RESOLUTION NO.
RESOLUTION OVERRULING PROTESTS
EL PINTADO CONTRACTUAL ASSESSMENT DISTRICT NO. 2002 -8
The Board of Directors of the Central Contra Costa Sanitary District resolves:
On March 6, 2003, the Board of Directors held a public hearing on the Resolution of
Intention and the Engineer's Report on the proposed improvement in El Pintado
Contractual Assessment District No. 2002 -8.
At or before the time set for hearing, certain interested persons made or may have
made protests or objections to the proposed improvement, the extent of the Contractual
Assessment District, or the proposed assessment.
The Board hereby overrules each of these protests, written or oral.
The Board finds that the protest against the proposed improvement (including all
written protests not withdrawn in writing before the conclusion of the protest hearing) is
made by the owners of less than one half of the area of the land to be assessed for the
improvement.
PASSED AND ADOPTED this 6th day of March, 2003, by the Board of Directors of
the Central Contra Costa Sanitary District by the following votes:
AYES:
Members:
NOES:
Members:
ABSENT:
Members:
President of the Board of Directors,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
Secretary, Central Contra Costa
Sanitary District, County of Contra Costa,
State of California
APPROVED AS TO FORM:
Kenton L. Alm,
District Counsel
Page 7 of 12
RESOLUTION NO.
RESOLUTION CONFIRMING COMPLIANCE WITH
CALIFORNIA CONSTITUTION, ARTICLE XIIID, SECTION 4
EL PINTADO CONTRACTUAL ASSESSMENT DISTRICT NO. 2002 -8
The Board of Directors of the Central Contra Costa Sanitary District resolves:
1. The Board set 2 p.m. on March 6, 2003, at the Meeting Room of the Board of
Directors, 5019 Imhoff Place, Martinez, California, as the time and place for a public
hearing pursuant to California Constitution, Article XIIID, Section 4.
2. Pursuant to Article XIIID of the California Constitution, as amended by
Proposition 218, commonly known as the "Right to Vote on Taxes Act," notice of the
proposed assessment was provided to all owners of affected parcels within the District,
which notice contained a ballot whereby each owner could indicate support or opposition to
the proposed assessment.
3. At the time and place for which notice was given, the Board of Directors
conducted a public hearing, pursuant to California Constitution, Article XIIID, Section 4, and
gave every person present an opportunity to comment on and object to the amount of the
proposed assessment.
4. The Board finds that less than a majority of parcel owners who returned ballots,
weighted by financial obligation, opposed the proposed assessment.
PASSED AND ADOPTED this 6th day of March, 2003, by the Board of Directors of
the Central Contra Costa Sanitary District by the following votes:
AYES:
Members:
NOES:
Members:
ABSENT:
Members:
President of the Board of Directors,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
Secretary, Central Contra Costa
Sanitary District, County of Contra Costa,
State of California
APPROVED AS TO FORM:
Kenton L. Alm,
District Counsel
Page 8 of 12
RESOLUTION NO.
RESOLUTION APPROVING ENGINEER'S REPORT AND ASSESSMENT
AND ORDERING IMPROVEMENT
EL PINTADO CONTRACTUAL ASSESSMENT DISTRICT NO. 2002 -8
The Board of Directors of the Central Contra Costa Sanitary District resolves:
This Board has taken a series of actions preliminary to ordering the improvement in
the El Pintado Contractual Assessment District No. 2002 -8, Central Contra Costa Sanitary
District, Contra Costa County, California, and now makes the following findings and orders:
1. The Board adopted a map showing the boundaries of the land benefited by the
proposed improvement. A copy of the boundary map was filed in the office of the County
Recorder of the County of Contra Costa in the Book of Maps of Assessment and
Community Facilities Districts.
2. The Board adopted its Resolution of Intention to order the improvement
described therein under the Municipal Improvement Act of 1911, and directed Curtis W.
Swanson, Environmental Services Division Manager, as the Engineer of Work for the
Assessment District, to prepare the report required by Section 5989.22 of the Streets and
Highways Code.
The improvement is generally described as follows:
Construction and installation of approximately 1,083 linear
feet of sanitary sewer line, together with appurtenant work
and facilities located at El Pintado in Danville, California.
3. The Board called a hearing of protests on the El Pintado Contractual
Assessment District No. 2002 -8. Notice of the hearing was given by publication, by street
posting, and by mailing to affected parcel owners, all according to the Municipal
Improvement Act of 1911. Affidavits of publication, posting, and mailing were filed with the
Secretary of the District.
4. At the time and place for which notice was given, the Board of Directors
conducted a public hearing pursuant to Section 5898.26 of the Streets and Highways
Code, which included a summary of the Engineer's Report and gave every person present
an opportunity to comment on and object to the proposed Contractual Assessment
Program improvement and the extent of the Assessment District.
5. The Board further finds that written protests against the proposed improvement
have not been made by owners representing more than one half of the area of the land to
be assessed for the improvement.
6. The documents and events described in paragraphs 1 to 4, inclusive, are
stated here in tabular form, with their dates and, where appropriate, their numbers. All
documents are now on file with the District except as otherwise noted.
Page 9 of 12
Document or Event
a. Resolution of Intention
b. Resolution Approving Boundary Map
c. Boundary Map Filed with County Recorder
d. Certificate of Mailing Notice of Improvement
e. Certificate of Posting Notice of Improvement
f. Affidavit of Publication of Notice of Improvement
Pending Pending
7. The Board approves the Engineer's Report and each component part of it,
including each exhibit incorporated by reference in the report.
8. The Board finds that the Engineer of Work, in the Engineer's Report has fairly
and properly apportioned the cost of the improvement to each parcel of land in the
Assessment District in compliance with the agreement between the owners and in
proportion to the special benefits derived by each parcel, in relationship to the entirety of
the capital cost of the improvement. The Board hereby confirms and levies each individual
assessment as stated in the Engineer's Report.
9. The Board orders the improvement described in paragraph 2 and as detailed in
the 's Report.
10. According to Section 10603 of the Streets and Highways Code, the Board
designates the District Controller to collect and receive payment of the assessments.
11. The Board independently finds that this project is exempt from the California
Environmental Quality Act (CEQA) under District CEQA Guidelines, Section 15061(b)(3),
since it can be seen with certainty that there is no possibility that the activity in question
may have a significant adverse effect on the environment. This certainty is based on the
Districtils past experience with numerous similar sewer construction projects, the
developed nature of the project environment, and the limited service area of the project (no
potential for growth inducement).
Page 10 of 12
Number
Date
or Action
9/5/02
2002 -068
9/5/02
2002 -069
Pending
Pending
2/11/03
Filed
2/20/03
Filed
Pending Pending
7. The Board approves the Engineer's Report and each component part of it,
including each exhibit incorporated by reference in the report.
8. The Board finds that the Engineer of Work, in the Engineer's Report has fairly
and properly apportioned the cost of the improvement to each parcel of land in the
Assessment District in compliance with the agreement between the owners and in
proportion to the special benefits derived by each parcel, in relationship to the entirety of
the capital cost of the improvement. The Board hereby confirms and levies each individual
assessment as stated in the Engineer's Report.
9. The Board orders the improvement described in paragraph 2 and as detailed in
the 's Report.
10. According to Section 10603 of the Streets and Highways Code, the Board
designates the District Controller to collect and receive payment of the assessments.
11. The Board independently finds that this project is exempt from the California
Environmental Quality Act (CEQA) under District CEQA Guidelines, Section 15061(b)(3),
since it can be seen with certainty that there is no possibility that the activity in question
may have a significant adverse effect on the environment. This certainty is based on the
Districtils past experience with numerous similar sewer construction projects, the
developed nature of the project environment, and the limited service area of the project (no
potential for growth inducement).
Page 10 of 12
PASSED AND ADOPTED this 6th day of March, 2003, by the Board of Directors of
the Central Contra Costa Sanitary District by the following votes:
AYES: Members:
NOES: Members:
ABSENT: Members:
President of the Board of Directors,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
Secretary, Central Contra Costa
Sanitary District, County of Contra Costa,
State of California
APPROVED AS TO FORM:
Kenton L. Alm,
District Counsel
Page 11 of 12
SUMMARY OF PROJECT COSTS
EL PINTADO CAD NO. 2002 -8
Construction
Engineering
District Services
TOTAL
$141,000
11,000
6,965
$158,965
Page 12 of 12
El Pintado CAD 2002 -8
Danville
• Meets CAD Formation Criteria
1 . Benefits at least 5 properties
2. At least 60% developed properties
3. No more than 2 dwellings / property
• 4 participants; 4 non - participants
• 1,083 feet of 8 -inch sewer; 2 manholes
• Estimated cost - $ 158,965
• Participant cost - $39,741 upfront
or $ 5,342 / year
2002 -2003 CAD Budget Status
C.A.D.
Camille Court CAD 2002 -1
(Alamo)
El Pintado CAD 2002 -8
Authorized to Date
Maximum CAD Authorization
Available Budget for other CADs
Authorization
$ 161,570
158,965
$ 320,535
$1,000,000
$ 679,465
Pending CAD Projects
C. A. D. Estimated Cost
Arbor Lane CAD 2002 -4 125,000
(Alamo)
El Alamo CAD 2002 -2 225,000
(Danville)
Wayland Lane CAD 2002 -3 95,000
(Alamo)
La Sonoma CAD 2002 -5 65,000
(Alamo)
Paseo Nogales CAD 2002 -9 145,000
(Alamo)
Via Don Jose CAD 2002 -6 190,000
(Alamo)
Echo Spring CAD 2001 -2 150,000
(Lafayette)
Total $ 995,000
Election Results
El Pintado CAD 2002 -8
Alamo
Approve Assessment
Oppose Assessment
- 4 votes
- 4 votes