HomeMy WebLinkAbout5/8/2003 AGENDA BACKUPCentral Contra Costa Sanaary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: May 8, 2003 No.: 4.a. CONSENT CALENDAR
Type of Action: ACCEPT OFFER OF DEDICATION
subject: ADOPT A RESOLUTION ACCEPTING AN OFFER OF DEDICATION FROM
LARRY CARRE' AND JUDITH CARRE', JOB NO. 5256, PARCEL 2, ALAMO AREA,
AND AUTHORIZING RECORDING OF THE DOCUMENTS WITH THE CONTRA
COSTA COUNTY RECORDER.
Submitted By: Initiating Dept. /Div.:
Molly Mullin, Engineering Assistant Engineering /Environmental Services
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
M. Mullin J. Miyamoto -Mills C. Swanson A. Farrell Char es . att ,
General Mana r
ISSUE: Board approval is required to accept offers of dedication, and to record
easement acceptances.
RECOMMENDATION: Adopt a resolution accepting an offer of dedication at no cost to
the District and authorize recording.
FINANCIAL IMPACTS: None
ALTERNATIVES /CONSIDERATIONS: None
BACKGROUND: The Board routinely accepts easements through Board approval of
resolutions. At the completion of the sewer improvements under District Job 5256, the
development plans for the affected parcel were unresolved and awaiting the sale of the
property. In response, Resolution 98 -022 was approved February 19, 1998, accepting
only the northwestern 180 feet of the original offer of dedication. This Resolution was
recorded on February 25, 1998. Now that a home is under construction and the side
sewer issues have been resolved, it has been deemed necessary by staff that the
process be completed and the original offer of dedication be accepted in full.
RECOMMENDED BOARD ACTION: Adopt a resolution accepting the full offer of
dedication from the Larry Carre' and Judith Carre', Job Number 5256, parcel 2, Alamo,
and authorizing recording with the Contra Costa County Recorder.
U: \Position Papers \Mullin \Right of Way OD Accept 5256.doc 4/28/03 9:34 AM Page 1 of 2
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Page 2 of 2
Central Contra Costa Sanitary District
A0____L BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: May 8, 2003
No.: 4.b. CONSENT CALENDAR
Type of Action: ACCEPT CONTRACT WORK/AUTHORIZE NOTICE OF COMPLETION
Subject. ACCEPT CONTRACT WORK FOR THE INFLUENT DIVERSION
SUPERSTRUCTURE DEMOLITION PROJECT, DISTRICT PROJECT NO. 6167, AND
AUTHORIZE THE FILING OF THE NOTICE OF COMPLETION
Submitted By. Initiating Dept /Div.:
Munawar Husain, Associate Engineer Engineering / Capital Projects
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
Pu M. sai B. Than W. B ennan A. Farrell \
General
ISSUE: Construction has been completed on the Influent Diversion Superstructure Demolition
Project, District Project No. 6167, and the work is now ready for acceptance.
RECOMMENDATION: Accept contract work.
FINANCIAL IMPACTS: None related to this action.
ALTERNATIVES /CONSIDERATIONS: Not applicable. Filing the Notice of Completion is
required under California Civil Code, Section 3093.
BACKGROUND: Work completed under this project included the removal of existing structural
framing, roof, and concrete walls of the Influent Diversion Structure. Improvements also
included new handrails, additional lighting, and installation of permanent supports for remaining
conduits, piping, and equipment.
The Board of Directors authorized the award of a construction contract for this work in the
amount of $145,700 to Silverado Contractors, Inc., on November 7, 2002. The contractor was
issued a Notice to Proceed, which was effective December 11, 2002, with a required contract
completion date of March 20, 2003. The Contractor performed additional work for which a time
extension was given. The District had beneficial use of the work on April 11, 2003. The
remaining items of work consist of punch -list items, which do not affect the project acceptance.
It is appropriate to accept the contract work at this time. The total authorized budget for this
project is $245,000. An accounting of the project costs will be provided to the Board of
Directors at project close -out.
RECOMMENDED BOARD ACTION: Accept contract work for the Influent Diversion
Superstructure Demolition Project, District Project No. 6167, by Silverado Contractors, Inc., and
authorize the filing of the Notice of Completion.
LAPosition Papers \HUSAIN \6167 Acceptance.doc Page 1 of 1
Central Contra Costa Sankary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: May 8, 2003 No.: 4.c. CONSENT CALENDAR
Type of Action: INFORMATIONAL
Subject: ADVISE THE BOARD OF THE CLOSE OUT OF THE OUTFALL
IMPROVEMENTS PROJECT, PHASE 4 (DP 7184)
Submitted By: Initiating Dept✓Div.:
Munawar Husain, Associate Engineer Engineering / Capital Projects
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
A IM
r
W. Husain B. Than W. Brennan A. Fa ell Charles . Ba
General Manag r
ISSUE: All Work has been completed on the Outfall Improvements Project, Phase 4,
(DP 7184), and this project can now be closed out.
RECOMMENDATION: Close out the project.
FINANCIAL IMPACTS: This close out will result in $401,000 being returned to the
Treatment Plant Program. Attachment 1 shows the project expenditures by category.
ALTERNATIVES /CONSIDERATIONS: Not applicable.
BACKGROUND: Work completed under this project included the installation of one
final effluent 1000 hp vertical pump in the Pump and Blower Building, along with
associated piping, valves, a variable frequency drive, and electrical wiring and controls.
Improvements were also made at the weir structure on the Outfall.
Kaweah Construction Company commenced work on April 3, 2000. All contract work
was completed and accepted by the Board on May 24, 2001.
The original construction contract amount was $1,109,998. There were three (3)
construction change orders issued in the total amount of $12,447, resulting in a total
amount of $1,122,445 paid to the construction contractor Kaweah Construction
Company.
The total authorized budget for the project was $2,120,000, which included a
contingency of $238,002. The total project cost was $1,719,000, which is
approximately 19 percent less than the budgeted amount. The project close out will
result in $401,000 being returned to the Treatment Plant Program.
RECOMMENDED BOARD ACTION: This item is presented to the Board of Directors
for information. No action is necessary.
L: \Position Papers \HUSAIN \7184 Closeout.doc Page 1 of 2
ATTACHMENT 1
EXPENDITURE SUMMARY
OUTFALL IMPROVEMENTS PROJECT, PHASE 4
DISTRICT PROJECT 7184
ACTIVITY
COST
Total Budget
$
2,120,000
Construction Contract
$
1,109,998
Change Orders
$
12,447
Change Orders % of Construction
1%
Total Construction Amount
$
1,122,445
Engineering, Design, Construction Management, Administration
$
490,980
Engineering, Design, CM, Admin. - % of Construction
44%
TOTAL PROJECT EXPENDITURES
$
1,719,000
TOTAL RETURN TO TREATMENT PLANT PROGRAM
$
401,000
LAPosition Papers \HUSAIN \7184 Closeout.doc Page 2 of 2
Central Contra Costa Sani-tary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: May 8, 2003 No.: 4.d. CONSENT CALENDAR
Type of Action: ESTABLISH HEARING DATE
Subject: ESTABLISH MAY 22, 2003 AS THE DATE FOR A PUBLIC HEARING TO
RECEIVE COMMENTS ON THE DRAFT FISCAL YEAR (FY) 2003 -04 CAPITAL
IMPROVEMENT BUDGET /2003 10 -YEAR CAPITAL IMPROVEMENT PLAN
Submitted By: Initiating Dept./Div.:
John J. Mercurio, Engineering /Environmental Services
Management Analyst
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
J. Mercurio R. Schmidt C. Swanson . Farrell *General s,
ger
ISSUE: The District's draft Fiscal Year 2003 -04 Capital Improvement Budget/2003
Ten -Year Capital Improvement Plan (CIB /CIP) has been prepared by staff. A date for a
public hearing to receive comments on the document should be established.
RECOMMENDATION: Establish May 22, 2003, as the date for a public hearing to
receive comments on the draft CIB /CIP.
FINANCIAL IMPACTS: None related to this action.
ALTERNATIVES /CONSIDERATIONS: Not applicable.
BACKGROUND: The Fiscal Year 2003 -04 Capital Improvement Budget will establish
near -term project priorities and authorize budgets for the Treatment Plant, Collection
System, General Improvements and Recycled Water Programs. Detailed information
for projects that are anticipated to be active in Fiscal Year 2003 -04 is presented in the
Capital Improvement Budget document. The 2003 Ten -Year Capital Improvement Plan
will provide the basis for policy decisions concerning the District's Capital Improvement
Program and management of the Sewer Construction Fund. The Capital Improvement
Plan also serves as the framework for fee analysis.
On April 24, 2003, the Board of Directors met with District staff in a workshop session to
review the draft Capital Improvement Budget/Capital Improvement Plan.
It is appropriate to receive comments in a formal public hearing prior to consideration of
the CIB /CIP for approval. This public hearing has been tentatively scheduled for the
Board's regular meeting on May 22, 2003. A staff presentation will be made at that
time.
Page 1 of 2
POSITION PAPER
Board Meeting Date: May 8, 2003
Subject: ESTABLISH MAY 22, 2003 AS THE DATE FOR A PUBLIC HEARING TO
RECEIVE COMMENTS ON THE DRAFT FISCAL YEAR (FY) 2003 -04 CAPITAL
IMPROVEMENT BUDGET /2003 10 -YEAR CAPITAL IMPROVEMENT PLAN
RECOMMENDED BOARD ACTION: Establish May 22, 2003 as the date for a public
hearing to receive comments on the draft CIB /CIP.
WPosition Papers \Mercurio \PublicHearCIB.doc 4/23/03 8:35 AM Page 2 of 2
Central Contra Costa San,.ary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: May 8, 2003 No.: 4.e. CONSENT CALENDAR
Type of Action: SET PUBLIC HEARING DATE
subject: SET PUBLIC HEARINGS ON JUNE 5, 2003, TO CONSIDER THE
COLLECTION OF SEWER SERVICE CHARGES BY PLACING THEM ON THE
COUNTY TAX ROLL AND TO RECEIVE PUBLIC COMMENT ON THE 2003 -2004
OPERATIONS AND MAINTENANCE BUDGET AND THE SELF - INSURANCE FUND
BUDGET
Submitted By: Initiating Dept /Div,:
DEBBIE RATCLIFF, CONTROLLER ADMINISTRATIVE DEPARTMENT
REVIEWED AND RECOMMENDED FOR BOARD ACTION.
Z� ,
D Ra0w
General
ISSUE: The District Code and State of California law require holding a public hearing
for placing the 2003 -2004 Sewer Service Charges on the County tax roll for collection.
Although not required by law, the District holds a public hearing to receive public
comment on the 2003 -2004 Operations and Maintenance Budget and the Self -
Insurance Fund Budget.
RECOMMENDATION: Authorize a public notice to set public hearings on June 5,
2003, to receive public comment on the collection of Sewer Service Charges by placing
them on the County tax roll, and to receive public comment on the 2003 -2004
Operations and Maintenance Budget and Self- Insurance Fund Budget.
FINANCIAL IMPACTS: Ordinance #218 set the Sewer Service Charge at $272 for
fiscal year 2003 -2004. Should the rate remain unchanged, this would increase total
District revenues by approximately $3.7 million.
ALTERNATIVES /CONSIDERATIONS: Ordinance #218 set the Sewer Service Charge
for fiscal year 2003 -2004 at $272. However, the Board has the option to amend
Ordinance #218 or adopt a new ordinance to reduce the Sewer Service Charge rate. A
separate public hearing would be required to establish the new rate.
The Sewer Service Charge could be collected through direct billings by the District.
However, this would require additional labor and benefit costs. The Sewer Service
Charge has been collected on the County tax roll since the inception of the service
charge in 1976. Staff believes that collection on the tax roll provides the most
economical and efficient means for the District to collect these charges.
S:\ ADM1N \POSPAPER \SWR.SVC.2003.doc Page 1 of 3
POSITION PAPER
Board Meeting Date: May 8, 2003
subject SET PUBLIC HEARINGS ON JUNE 5, 2003, TO CONSIDER THE
COLLECTION OF SEWER SERVICE CHARGES BY PLACING THEM ON THE
COUNTY TAX ROLL AND TO RECEIVE PUBLIC COMMENT ON THE 2003 -2004
OPERATIONS AND MAINTENANCE BUDGET AND THE SELF - INSURANCE FUND
BUDGET
BACKGROUND: Ordinance #218 set the Sewer Service Charge rates for fiscal years
2001 -2002, 2002 -2003, and 2003 -2004. These rates were reviewed and discussed at
the Board Financial Planning and Policy Workshop on January 30, 2003. At that Board
meeting, no direction was given to staff to change the established rates.
The 2003 -2004 Operations and Maintenance (O &M) Budget will be submitted for initial
review by the Board of Directors on May 22, 2003. As previously approved in
Ordinance #218, the revenue portion of the O &M Budget is based on a $24.00 increase
to the Sewer Service Charge of which $11.00 would be allocated to O &M and $13.00 to
Sewer Construction to partially fund the Capital Budget. Approval of the 2003 -2004
O &M Budget and Self- Insurance Fund Budget is scheduled for the Board meeting on
June 5, 2003. Approval of the 2003 -2004 Capital Improvement Budget is scheduled for
the Board meeting of May 22, 2003.
It is required by law to hold a public hearing to receive public comment on collecting
Sewer Service Charges by placing them on the County tax roll. In the event that the
Board seeks to amend Ordinance #218 or adopt a new ordinance reducing the Sewer
Service Charge rate, then a separate public hearing would be required to establish the
new rate.
RECOMMENDED BOARD ACTION: Authorize a public notice to set public hearings
on June 5, 2003, to receive public comment on the collection of Sewer Service Charges
by placing them on the County tax roll, and to receive public comment on the 2003-
2004 Operations and Maintenance Budget and Self- Insurance Fund Budget.
Page 2 of 3
S:\ADMIN\POSPAPER\SWR.SVC.2003.doc
NOTICE OF PUBLIC HEARINGS
TO RECEIVE PUBLIC COMMENT ON THE 2003 -2004 OPERATIONS AND
MAINTENANCE BUDGET AND THE SELF - INSURANCE FUND BUDGET
AND TO CONSIDER INTENT TO COLLECT 2003 -2004 SEWER SERVICE CHARGES
ON TAX ROLL AND THE FILING OF REPORT UNDER SECTIONS 5470 - 5475.10 OF
THE HEALTH AND SAFETY CODE
NOTICE IS HEREBY GIVEN THAT:
The Board of Directors of the Central Contra Costa Sanitary District (District) at their
regular meeting at 2 p.m. on June 5, 2003 in the Meeting Room of the District Office,
5019 Imhoff Place, Martinez, California, will hold Public Hearings to consider collection
of the 2003 -2004 Sewer Service Charges on the County tax roll, and to receive public
comment on the 2003 -2004 Operations and Maintenance Budget and Self- Insurance
Fund Budget.
State and Federal governments require that Operations and Maintenance expenses of
the District be collected through a direct charge to the users. The District has
designated this charge as a "Sewer Service Charge." An Ordinance providing for these
charges and establishing rates and the Resolution directing collection of the 2003 -2004
charges on the County tax rolls are on file at the District offices.
A public hearing will be held to receive public comment on the 2003 -2004 Operations
and Maintenance Budget and Self- Insurance Fund Budget. A second public hearing
will be held on the collection of the 2003 -2004 charges on the County tax roll, at which
time the Board of Directors will receive and consider all protests to the proposed
method of collecting the charges.
S:\ ADMIN \POSPAPER \SWR.SVC.2003.doc Page 3 Of 3
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: May H, 2003 No.: 4.f. CONSENT CALENDAR
Type of Action: APPOINT ARBITRATOR
subject: DIRECT STAFF TO APPOINT AN ARBITRATOR TO HEAR THE STEP
FOUR GRIEVANCE OF RICARDO HERNANDEZ, ENGINEERING ASSISTANT III
Submitted By: Cathryn Freitas, Human Initiating Dept/Div.: Administration /Human
Resources Manager Resources
REVIEWED AND RECOMMENDED FOR BOARD ACTION.
C. eitas , graves
General
Nq
ISSUE: Ricardo Hernandez, Engineering Assistant III, has filed a grievance at Step`
Four of the grievance procedure. According to the Memorandum of Understanding
between Local One and the District, Article III, Section 2.5, " the Board of Directors shall
employ a neutral third party to hear the matter and recommend action to the Board."
RECOMMENDATION: Direct staff to appoint an arbitrator to hear the grievance.
FINANCIAL IMPACTS: The District and the Union share the costs of the grievance
equally. The cost to the District for the arbitrator and court reporter should be
approximately $1500.
ALTERNATIVES /CONSIDERATIONS: None.
BACKGROUND: Engineering Assistant III Ricardo Hernandez applied for a
supervisory position and was not selected. He is grieving that he was disadvantaged in
the recruitment process because he was not provisionally appointed to the position
when it was vacant.
Operations Director James Kelly was appointed as the Step Three Hearing Officer by
General Manager Charles Batts. Mr. Kelly denied the grievance. Mr. Hernandez is now
appealing to the Board for a Step Four hearing with an arbitrator. The arbitrator's
decision will be advisory to the Board. The Board may adopt, reject or modify the
arbitrator's recommendation.
RECOMMENDED BOARD ACTION: Direct staff to secure the services of an arbitrator
to hear the Step Four grievance of Mr. Hernandez.
C: \My Documents \hernandez gry 2 step 4.doc
Page 1 of 1
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: May 8, 2003 No.: 4.g. CONSENT CALENDAR
Type of Action: APPOINT AN ARBITRATOR
Subject: DIRECT STAFF TO APPOINT AN ARBITRATOR TO HEAR THE STEP
FOUR GRIEVANCE OF DAVID ROLLEY, PRESIDENT, EMPLOYEES'
ASSOCIATION, PUBLIC EMPLOYEES' UNION, LOCAL ONE
Submitted By: Cathryn Freitas, Human Initiating DeptJDiv.: Administration /Human
Resources Manager Resources
REVIEWED AND RECOMMENDED FOR BOARD ACTION.
C. RAtas . My, graves
General
ISSUE: David Rolley, President of the Employees' Association, has filed a grievance at
Step Four of the grievance procedure. According to the Memorandum of
Understanding (M.O.U.) between the bargaining unit and the District, Article III, Section
2.5, "the Board of Directors shall employ a neutral third party to hear the matter and
recommend action to the Board."
RECOMMENDATION: Direct staff to appoint an arbitrator to hear the grievance.
FINANCIAL IMPACTS: The District and the Union share the costs of the grievance
equally. The cost to the District for the arbitrator and court reporter should be
approximately $1500.
ALTERNATIVES /CONSIDERATIONS: None.
BACKGROUND: David Rolley is grieving the District's interpretation of the M.O.U.,
Article 111, Section 5.1,Temporary Employees. At Step Three of the grievance process,
General Manager Charles Batts informed the Union that the District's interpretation of
the Section and the past practice in this regard has been consistent since 1985 when
the language was added to the M.O.U. Nevertheless, Mr. Rolley is appealing to the
Board for a Step Four hearing with an arbitrator. The arbitrator's decision will be
advisory to the Board. The Board may adopt, reject or modify the arbitrator's
recommendation.
RECOMMENDED BOARD ACTION: Direct staff to secure the services of an arbitrator
to hear the Step Four grievance of Mr. Rolley.
Page 1 of 1
CAMy Documents \temp empl gry april 03.doc
_ Central Contra Costa Sanitary District
BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: May 8, 2003 No.: 4.h. CONSENT CALENDAR
Type of Action: APPROVE FUNDS
subject: APPROVE EXPENDITURE OF EQUIPMENT BUDGET CONTINGENCY
FUNDS OF $6,117 TO PURCHASE POSTAL MAILING MACHINE
submitted By: Initiating Dept./Div.:
Ken Grubbs, Public Information & Graphics Supv. Administrative /Communication Services
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
K. Grubbs H. Heibel A. iii sgraves
General
ISSUE: Board of Directors approval is required for expenditures in excess of $5,
from the Equipment Budget Contingency Account.
RECOMMENDATION: Approve expenditure of equipment budget contingency funds of
$6,117 to purchase postal mailing machine.
FINANCIAL IMPACTS: Approval of this action will result in $6,117 of the $60,000
Annual Equipment Budget Contingency being expended. Funds for the purchase of the
postal mailing machine were approved for expenditure in the 2003 -2004 Equipment
Budget; however the purchase of the failed machine must now be moved up.
ALTERNATIVES /CONSIDERATIONS: Option 1: Instead of purchasing a postal
mailing machine, the existing failed machine could be repaired at an estimated cost of
$500 ±, if the part is available, which is doubtful since parts for this machine are no
longer supported by Pitney Bowes. $1,100 +Jyear has been spent for maintenance of
this machine in the last two years.
Option 2: Instead of purchasing, a new postal mailing machine could be leased for 5
years. The five -year cost including maintenance and meter rental is $16,380; with no
maintenance, the cost is $10,695.
BACKGROUND:
The Reprographic Services Center (RSC) uses a Pitney Bowes Model 6100 mailing
machine to process an average of 2,903 pieces per month of outgoing mail requiring
$25,900 worth of metered postage on an annual basis.
The 14 year old machine failed on April 21. During the last two years, 7 service calls
have been placed on the machine to keep it operable. CCCSD was advised in 2001
that Pitney Bowes had stopped producing this version of the machine in 1994 and only
Page 1 of 2
POSITION PAPER
Board Meeting Date: May 8, 2003
subject APPROVE EXPENDITURE OF EQUIPMENT BUDGET CONTINGENCY
FUNDS OF $6,117 TO PURCHASE POSTAL MAILING MACHINE
30% of the internal parts and subassemblies were available on an intermittent basis
when a comparable used machine is traded in and scraped for parts. Based upon the
volume of mail processed to conduct District business, the importance of proper and
timely delivery, and the failure of the existing machine, it is recommended to purchase
of an AscomHasler WP180 mailing machine at an estimated cost of $6,117.
Maintenance and meter registration will be funded from the Communication Service
Division Operations & Maintenance Budget.
An equipment budget request to purchase a new postal mailing machine was approved
by the Board of Directors as part of the 2003 -2004 Equipment Budget. However,
because the machine needs to be purchased now, funds are being requested from the
equipment budget contingency fund. The current balance of the contingency fund is
$32,000 prior to this purchase.
At the April 24, 2003 Capital Improvement Budget Workshop, the General Manager
announced to the Board that the postage machine had failed and that staff was
purchasing a replacement in order to minimize the impact to District business.
RECOMMENDED BOARD ACTION: Approve expenditure of equipment budget
contingency funds of $6,117 to purchase a postal mailing machine.
Page 2 of 2
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: May 8, 2003 No.: 5.a. H EAR I NGS
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 ARBOR LANE PARCEL OWNERS IN CONJUNCTION WITH THE ARBOR
LANE CONTRACTUAL ASSESSMENT DISTRICT NO. 2002 -4
Submitted By: Initiating Dept. /Div.:
Curtis Swanson, Division Manager Engineering /Environmental Services
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
41---
C. Swanson A. arrell . Alm
Charles W.
General Ms
ISSUE: A public hearing must be conducted to consider objections and inquiries,
regarding the proposed assessment, the Resolution of Intention, the Engineer's Report,
annexation, and any other comments regarding Arbor Lane Contractual Assessment
District No. 2002 -4 (CAD No. 2002 -4).
RECOMMENDATION: Conduct the public hearing and consider approval of Arbor
Lane CAD 2002 -4.
FINANCIAL IMPACTS: The estimated total project cost is $142,111. The District has
authorized up to $1,000,000 for CADs in 2002 -2003. To date, the Board has approved
two other CAD projects this fiscal year. If approved, there will be $537,354 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.
BACKGROUND: A group of 10 parcel owners on Arbor and Bernie Lanes in Alamo
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 Arbor Lane CAD meets all of the criteria for formation of a contractual assessment
U: \CAD\ArborLane \PubHear.PP.doc Page 1 of 12
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 ARBOR LANE PARCEL OWNERS IN CONJUNCTION WITH THE ARBOR
LANE CONTRACTUAL ASSESSMENT DISTRICT NO. 2002 -4
district. There are 11 properties that could benefit from this CAD project (only 10
properties will participate at this time). The Board of Directors adopted a Resolution of
Intention to form a contractual assessment district on July 11, 2002. The proposed
sewer includes approximately 810 linear feet of 8 -inch sewer main, four standard
manholes that will serve the proponents' 10 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 July 11, 2002, the Board of Directors adopted a resolution directing the preparation
of a report for a Contractual Assessment District known as Arbor Lane CAD No. 2002-
4. 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
20, 2003, the Board scheduled a public hearing for CAD No. 2002 -4 for March 20,
2003. On March 20 and April 17, 2003, the Board of Directors continued the public
hearing until May 8, 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 Arbor Lane CAD No. 2002 -4, 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.
U: \CAD\ArborLane \PubHear.PP.doc 4/28/03 10:13 AM Page 2 of 12
POSITION PAPER
Board Meeting Date: March 6, 2003
surbiect: 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 ARBOR LANE PARCEL OWNERS IN CONJUNCTION WITH THE ARBOR
LANE CONTRACTUAL ASSESSMENT DISTRICT NO. 2002 -4
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 XIID, 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 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 construction in accordance with District
standards.
The District will:
finance the costs of the sanitary sewer extension;
U: \CAD\ArborLane \PubHear.PP.doc 4/28/03 10:13 AM Page 3 of 12
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 ARBOR LANE PARCEL OWNERS IN CONJUNCTION WITH THE ARBOR
LANE CONTRACTUAL ASSESSMENT DISTRICT NO. 2002 -4
accept the work of the contractor, provided the work is done in accordance with
District standards;
• place assessments on owners' tax bills
• record as liens on the participants' properties the obligation of each participant to
pay assessments; and
• be reimbursed in full by receiving payments, including interest, for the total
amount financed from owners over a ten -year period.
The agreement has been executed by all parcel owners who will participate in the CAD.
It is appropriate, therefore, to authorize the General Manager to execute the agreement
on behalf of the District.
The estimated cost of the Arbor Lane CAD No. 2002 -4 is $142,111. A summary of
project costs is shown in Exhibit E. Funding for the CAD Program is included in the
2001 -2003 Capital Improvement Budget (CIB). The District has authorized up to
$1,000,000 for CAD projects during Fiscal Year 2002 -2003. This is the third CAD to be
considered for approval in 2002 -2003. If approved, there will be $537,354 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 affect 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 Director's 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 a public hearing
U: \CAD\ArborLane \PubHear.PP.doc 4/28/03 10:13 AM Page 4 of 12
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 ARBOR LANE PARCEL OWNERS IN CONJUNCTION WITH THE ARBOR
LANE CONTRACTUAL ASSESSMENT DISTRICT NO. 2002 -4
• Adopt a resolution overruling protests.
• Adopt a resolution confirming compliance with California Constitution, Article
XIIID, Section 4.
• Adopt a resolution approving the Engineer's Report, assessments, and ordering
improvement.
• Authorize the General Manager to execute an agreement with the Arbor Lane
owners.
U: \CAD\ArborLane \PubHear.PP.doc 4/28/03 10:13 AM Page 5 of 12
POTENTIAL EXISTING PLANNED * CAD PARTICIPANTS
CAD AREA SEWER SEWER + LIKELY NON - PARTICIPANTS
Central Contra Costa PROPOSED BOUNDARY Attachment
Sanitary District
- ARBOR -LANE
CAD NO. 2002-04 A
' DISTRICT PROJECT NO. 5644
Page 6 of 12
RESOLUTION NO.
RESOLUTION OVERRULING PROTESTS
ARBOR LANE CONTRACTUAL ASSESSMENT DISTRICT NO. 2002-4
The Board of Directors of the Central Contra Costa Sanitary District resolves:
On May 8, 2003, the Board of Directors held a public hearing on the Resolution of
Intention and the Engineer's Report on the proposed improvement in Arbor Lane
Contractual Assessment District No. 2002 -4.
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 8th day of May 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
U:\CAD\ArborLane \PubHear.PP.doc 4/28/03 3:50 PM Page 7 of 12
RESOLUTION NO.
RESOLUTION CONFIRMING COMPLIANCE WITH
CALIFORNIA CONSTITUTION, ARTICLE XIIID, SECTION 4
ARBOR LANE CONTRACTUAL ASSESSMENT DISTRICT NO. 2002 -4
The Board of Directors of the Central Contra Costa Sanitary District resolves:
1. The Board set 2 p.m. on May 8, 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 8th day of May 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
U:\CAD\ArborLane \PubHear.PP.doc 4/28/03 3:51 PM Page 8 of 12
RESOLUTION NO.
RESOLUTION APPROVING ENGINEER'S REPORT AND ASSESSMENT
AND ORDERING IMPROVEMENT
ARBOR LANE CONTRACTUAL ASSESSMENT DISTRICT NO. 2002 -4
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 Arbor Lane Contractual Assessment District No. 2002 -4, 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 810 linear
feet of sanitary sewer line, together with appurtenant work
and facilities located at Arbor and Bernie Lanes in Alamo,
California.
3. The Board called a hearing of protests on the Arbor Lane Contractual
Assessment District No. 2002 -4. 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.
U:\CAD\ArborLane \PubHear.PP.doc 4/28/03 3:52 PM Page 9 of 12
6. The documents and events described in paragraphs 1 to 4, inclusive, are
stated here in tabular form, with their dates and, where appropriate, their numbers. All
documents are now on file with the District except as otherwise noted.
7. The Board approves the Engineer's Report and each component part of it,
including each exhibit incorporated by reference in the report.
8. The Board finds that the Engineer of Work, in the Engineer's Report has fairly
and properly apportioned the cost of the improvement to each parcel of land in the
Assessment District in compliance with the agreement between the owners and in
proportion to the special benefits derived by each parcel, in relationship to the entirety
of the capital cost of the improvement. The Board hereby confirms and levies each
individual assessment as stated in the Engineer's Report.
9. 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 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).
U:\CAD\ArborLane \PubHear.PP.doc 4/28/03 3:52 PM Page 10 of 12
Number
Document or Event
Date
or Action
a.
Resolution of Intention
7/11/02
2002 -050
b.
Resolution Approving Boundary Map
7/22/02
2002 -051
c.
Boundary Map Filed with County Recorder
Pending
Pending
d.
Certificate of Mailing Notice of Improvement
Filed
e.
Certificate of Posting Notice of Improvement
Filed
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 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).
U:\CAD\ArborLane \PubHear.PP.doc 4/28/03 3:52 PM Page 10 of 12
PASSED AND ADOPTED this 8th day of May 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
U:\CAD\ArborLane \PubHear.PP.doc 4/28/03 3:53 PM Page 11 of 12
SUMMARY OF PROJECT COSTS
ARBOR LANE CAD NO. 2002 -4
Construction
Engineering
District Services
TOTAL
$121,000
15,100
6,011
114-2,111
U: \CAD\ArborLane \PubHear.PP.doc 4/28/03 10:13 AM Page 12 of 12
POTENTIAL
CAD AREA
o
F !ARB
I-n
/ N
CERVATO
DR N
w L M O
LIVORNA RD
I nrATIMI KAAP
EXISTING PLANNED
SEWER CAD
SEWER
0 s0 160
FEET
I
�E CAD PARTICIPANTS
+ LIKELY NON - PARTICIPANTS
Y Central Contra Costa PROPOSED BOUNDARY Attachment
Sanitary District
= ARBOR LANE
CAD NO. 2002-04 A
' DISTRICT PROJECT NO. 5644
o
Page 6 of 12
Arbor Lane CAD 2002 -4
Alamo
• Meets CAD Formation Criteria
1 . Benefits at least 5 properties
2. At least 60% developed properties
3. No more than 2 dwellings / property
• 10 participants; 1 non - participant
• 810 feet of 8 -inch sewer; 4 manholes
• Estimated cost - $ 142,111
• Participant cost —
Arbor Lane sewer - $14,937 upfront
or $2,008 / year
Bernie Lane sewer - $13,728 upfront
or $1,845 / year
2002 -2003 CAD Budget Status
C.A.D.
Camille Court CAD 2002 -1
(Alamo)
El Pintado CAD 2002 -8
(Danville)
Arbor Lane CAD 2002 -4
(Alamo)
Authorized to Date
Maximum CAD Authorization
Available Budget for other CADs
Authorization
$ 161,570
158,965
142,111
$ 462,646
$1,000,000
$ 537,354
Election Results
Arbor Lane CAD 2002 -4
Approve Assessment - 7 votes
Oppose Assessment - 4 votes
Pending CAD Projects
C. A. D. Estimated Cost
Echo Spring CAD 2001 -2 156,000
(Lafayette)
El Alamo CAD 2002 -2 267,000
(Danville)
Via Don Jose CAD 2002 -6 190,000
(Alamo)
Wayland Lane CAD 2002 -3 95,000
(Alamo)
La Sonoma CAD 2002 -5 65,000
(Alamo)
Paseo Nogales CAD 2002 -9 145,000
(Alamo)
Total $918,000
(MEANDM)
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2003/2004 Proposed Fee Schedule
Fee Category
Proposed Fee
(A) Development and Plan Review
(A -1)
Development Review
Mainline Plan Review (2 preliminary + 1 final plan reviews)
$215 + $3.45/FT
Minimum fee
$615 minimum
Each additional plan review
$70 + $1.15/FT
Manhole only plan review
$355
Special cut sheet review
$140
Easement document review
$445 /easement
(A -2)
Application Fees
Existing lot - new service
$105
New parcel - new service
$180
Commercial application - no change of use
NC
Commercial application - change of use
$165
Side sewer repair
$75
Capacity Use Program
$90
(A -3)
Reimbursement Accounts
Set -up fee
$660
Transaction fee
$135/transaction
(A-4)
Commercial development plan check
No change of use
NC
Change of use
$95 /review
(A -5)
Private pumping system plan check
$670
(A -6)
Right -of -way encroachment
Plan review - no sewer on property
NC
Plan review - sewer on property
$90
Encroachment resolution fee
Actual Expense
(A -7)
Special Approvals
$140
(A -8)
Minimum annual interest rate for CAN and Capacity Use
Program
6.00%
(B) Construction Inspection
(B -1)
Mainline Inspection
In street
$465 + $6.05/FT
In undeveloped land
$465 + $3.70/FT
Minimum charge
$950
(B -2)
Inspections by type
C/O or BW device installation; side sewer cap; tap only or tap
replacement
$100
Manhole tap; building connection; lateral abandonment
$200
Manhole alteration
$305
2003/2004 Proposed Fee Schedule
Fee Category
Proposed Fee
Lateral extension; side sewer repair; pipe bursting repair; sewer
alteration; new manhole or rodding inlet only
$405
Full connection; complete side sewer replacement; grease
interceptor; trash enclosure
$605
Private pump system
$810
(B -3)
Overtime inspection
(for mainline or side sewer inspection)
$73 /HR (first s hour on
$50/HR thereafter
Weekend /Holiday (4 -hr min) New Year's Day, Martin Luther
King, President's Day, Memorial Day, July 4th, Labor Day,
Veteran's Day, Thanksgiving, Christmas
$223 minimum
(B-4)
Construction inspection of non - permitted work
$305 + Avoided Charge
(C) Collection System
(C -1)
TV Inspection
Weekday
$165/HR
Overtime - weekday
$200/HR
Overtime - weekend or holiday (4 -hr minimum)
$800 minimum
(C -2)
Dye test
$230
(C -3)
Collection system repair
Actual Expense
(C-4)
Cancelled TV Inspection without prior notice
$265
(C -5)
Sewer locating and marking
$200
(D) Right -of -Way
(D -1)
Process quitclaim deeds (3 -hr minimum)
$100/HR
(D-2)
Process real property agreement, license or easement
6 -hr minimum
$100/HR
(E) Miscellaneous
(E -1)
Engineering - private sewer projects
Actual Expense
(E -2)
Soil evaluation - private sewer projects
Actual Expense
(E -3)
Surveying
Actual Expense
(F) Industrial Permit Fees
(F -1)
Class I Fees
Actual Expense by
Contract
(F -2)
Class II Fees ( *)
Base permit fee of
$4,600 + cost of
District's lab analysis
(F -3)
Class III Fees ( *)
Base fee of $925
(F-4)
Industrial user permit application fee ( *)
Base fee of $540
(F -5)
Special discharge permit application fee (`)
No on -site inspection
$90 each
On -site inspection ( *)
Base fee of $925
2003/2004 Proposed Fee Schedule
Fee Category
Proposed Fee
(G)
Septage Disposal
(G -1)
Annual permit fee
$1,605
(G -2)
Residential septic/toilet waste
< 2,000 gallons
$18 + $0.14/gal
> 2,000 gallons
$57 + $0.14/gal
(G -3)
Restaurant grease waste (' *)
< 2,000 gallons
$18 + $0.02/gal
> 2,000 gallons
$57 + $0.02 /gal
(') Additional charges to be billed separately if staff time incurred is
above that included in the base fee.
( * *) Other approved waste will be charged at the residential septic and
portable toilet waste rate unless actual strength characteristics are
provided.
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: May 8, 2003 No.: 8.a. ENGINEERING
Type of Action: Authorize Agreement
subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AGREEMENT
FOR THE CITY OF ORINDA TO INDEMNIFY AND HOLD THE DISTRICT
HARMLESS FOR CONSTRUCTION OF JOB 5497, A MAIN SEWER EXTENSION
PROPOSED BY PROPERTY OWNERS IN THE EL TOYONAL AREA
Submitted By: Jarred Miyamoto -Mills Initiating DeptJDiv.: Engineering/
Principal Engineer Environmental Services
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
,�/
ki k 4F 0��
J. Miyamoto -Mills . Swanson A. rarrell
General Ma
ISSUE: The Board of Directors must authorize agreements between the District bnd
other public agencies.
RECOMMENDATION: Authorize the General Manager to execute an Agreement for the
City of Orinda to indemnify and hold the District harmless for claims regarding Job
5497, a main sewer extension proposed by property owners in the El Toyonal area.
FINANCIAL IMPACTS: None.
ALTERNATIVES /CONSIDERATIONS: The Board could decline to authorize the
agreement, which would result in delay of the proposed main sewer installation project.
BACKGROUND: The City of Orinda has scheduled construction of a slope stability
improvement project on the downslope shoulder of El Toyonal (a public road) in the
vicinity of Camino del Cielo (a private road) to prevent damage to the public roadway
and adjacent private property for summer 2003.
Property owners on Camino del Cielo have proposed a main sewer extension project
(Job 5497) along El Toyonal and Camino del Cielo to serve existing and planned
homes. District staff has declined to issue a permit for the main sewer extension prior to
construction of the City's planned slope stability improvement project due to potential
liability should the slope fail between the time of the main sewer installation and
completion of the City's work. Attachment 1 is a map showing the proposed slope
stability improvements and main sewer extension.
U: \Position Papers \Miyamoto -Mills \5497- CaminodelCieloPP.doc 4/28/03 10:39 AM Page 1 of 6
POSITION PAPER
Board Meeting Date: May 8, 2003
subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AGREEMENT
FOR THE CITY OF ORINDA TO INDEMNIFY AND HOLD THE DISTRICT
HARMLESS FOR CONSTRUCTION OF JOB 5497, A MAIN SEWER EXTENSION
PROPOSED BY PROPERTY OWNERS IN THE EL TOYONAL AREA
The City and the property owners want the main sewer installation to precede the slope
stability improvement project to provide the earliest possible access to sewer service
and to coordinate pavement restoration work. The City has offered to indemnify and
hold the District harmless for any claims arising from failure of the slope until their slope
stabilizatin improvements are completed. An agreement to this effect has been drafted
(see Attachment 2), and the City has executed the draft agreement.
RECOMMENDED BOARD ACTION: Authorize the General Manager to execute an
Agreement for the City of Orinda to indemnify and hold the District harmless for claims
regarding Job 5497, a main sewer extension proposed by property owners in the El
Toyonal area.
WPosition Papers \Miyamoto -Mills \5497- CaminodelCieloPP.doc 4/28/0310:39 AM Page 2 of 6
Page 3 of 6
Attachment 2
Indemnity and Hold Harmless Agreement
between the City of Orinda, and
the Central Contra Costa Sanitary District
This Agreement is entered into by and between the City of Orinda, a
municipal corporation, ( "City ") and the Central Contra Costa Sanitary District, a
special district organized under California Health & Safety Code Section 6400
( "District "), (jointly referred to herein as "Parties "), as set forth below.
WHEREAS, the City has determined that certain slope stability
improvements are needed on the downslope shoulder of El Toyonal (a public
road) in the vicinity of Camino del Cielo (a private road) to prevent further
damage to the public roadway and adjacent private property; and
WHEREAS, the City plans to construct improvements designed to
stabilize the slope on the shoulder of El Toyonal and Camino del Cielo as a
public works project by the City; and
WHEREAS, Paul Hume, an owner of private real property located on
Camino del Cielo, (hereinafter referred to as "Applicant "), has applied to the
District for a permit to construct a public main sewer extension, (hereinafter
referred to as "Sewer Project "), in and around the vicinity of El Toyonal and
Camino del Cielo; and
WHEREAS, District has declined to issue a permit to the Applicant for the
Sewer Project prior to the construction of the City's slope stability improvements
citing potential exposure to liability should the slope fail between the time of the
public main sewer installation and the construction of the slope stability
improvements; and
WHEREAS, the City and the Applicant desire that the Sewer Project
precede construction of the slope stability improvements; and
WHEREAS, the City is willing to indemnify, defend and hold harmless the
District with regard to any potential liability between the time of the installation of
the Sewer Project and the construction of the slope stability improvements; and
WHEREAS, the City is further willing to indemnify, defend and hold
harmless the District with regard to any potential liability arising out of the City's
negligence, errors or omissions regarding the construction of the slope stability
improvements.
Page 4 of 6
Indemnity and Hold Harmless Agreement
between the City of Orinda, and
the Central Contra Costa Sanitary District
NOW, THEREFORE, the City and the District agree as follows:
1. Indemnification. Except for claims or litigation arising through the
active negligence or willful misconduct of District, its officers, agents, or employees,
the City hereby expressly agrees to defend, indemnify, save, protect, and hold
harmless District, and its officers, agents and employees, from any and all claims,
losses, damages, demands, suits, costs, expenses (including attorneys' fees),
penalties, judgments, liabilities, or obligations whatsoever for or in connection with
any damage, injury, or death to persons or property, including the loss of use
thereof, arising from a slope failure in the area of the City's proposed slope stability
improvements during the construction of the Sewer Project and between the time
of the public main sewer installation and the construction of the slope stability
improvements.
2. Entire Agreement: Modification: Construction. This Agreement
consists of three (3) pages, and represents and contains the entire agreement
and understanding among the Parties with respect to the subject matter of this
document, and supersedes any and all prior oral and written agreements and
understandings. The Parties hereof shall rely upon no prior representation,
warranty, condition, understanding or agreement of any kind with respect to the
subject matter unless specifically incorporated by the Agreement. The
Agreement shall not be amended or modified except by an agreement in writing
signed by the Party against whom the enforcement of any modification or
amendment is sought. This Agreement shall be construed to have been drafted
equally by the Parties.
3. Binding Effect. This Agreement shall be binding on, and inure to
the benefit of, the successors and assigns of the Parties. Nothing in the
Agreement, expressed or implied, is intended to confer upon any person (other
than the Parties, or their respective successors and assigns) any rights or
benefits. The Parties are duly authorized by their respective legislative bodies to
enter into this Agreement and represent that the persons signing this Agreement
are authorized to bind his /her party to this Agreement.
4. Controlling Law. The Agreement was made in the State of
California, and shall be construed in accordance with California law. Any action
brought to enforce this provisions of this Agreement shall be brought in the
Superior Court of the State of California in and for the County of Contra Costa.
Page 5of6
Indemnity and Hold Harmless Agreement
between the City of Orinda, and
the Central Contra Costa Sanitary District
5. Counter -Parts. This Agreement may be executed in multiple
counter -parts, each of which shall be deemed an original, but all of which,
together, shall constitute one and the same instrument.
6. Attorneys' Fees. The prevailing party in any legal action to enforce
a provision of this Agreement will be entitled to recover all of its costs and its
reasonable attorneys' fees from the other party.
City of Orinda, a Municipal Corporation
Date:
William Lindsay
City Manager
Approved as to Form
City Attorney
Central Contra Costa Sanitary District
Date:
Charles Batts
General Manager
Approved as to Form:
District Legal Counsel
Page 6 of 6
Central Contra Costa Sanitary District
/A" i BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: May 8, 2003 No.: 9.a. HUMAN RESOURCES
Type of Action: APPROVE STAFFING PLAN
Subject: APPROVE STAFFING PLAN FISCAL YEAR 2003 -2004
Submitted By:
Cathryn Freitas, Human Resources
Manager
Initiating Dept. /Div.:
Administrative /Human Resources
REVIEWED AND RECOMMENDED FOR BOARD ACTION.
C. Freitas
VM4 raves
Charles W:
General M;
ISSUE: The Board reviewed the personnel needs of the District for Fiscal Year 2003 -2004
at its April 3, 2003, meeting. Accordingly, staff is submitting the Staffing Plan for Board
approval.
RECOMMENDATION: Approve the Staffing Plan for Fiscal Year 2003 -2004.
FINANCIAL IMPACTS: The proposed Staffing Plan would decrease annual salary costs by
< $198,486 >.
ALTERNATIVES/CONSIDERATIONS: Do not approve this Staffing Plan; or modify this
Staffing Plan.
BACKGROUND: Each department has reviewed its staffing requirements for Fiscal Year
2003 -2004. The Staffing Plan includes departmental overviews providing summary
information, personnel actions taken during Fiscal Year 2002 -2003, requested changes
and their justifications, new job classification descriptions, and organizational charts
reflecting current staffing and proposed changes.
The attached summary sheet highlights the effect of each department's staffing requests
on the number of total authorized positions in the District and the costs in salaries and
benefits. As shown in the summary, the total number of authorized regular positions in
the District will be two less than last year. Seven Co -op student positions are requested
for the Fall of 2003 which is one less than last year and eight Co -op student positions are
requested for the Spring of 2004 which is the same as last year.
The salaries and wages in the 2003 -2004 0 & M Departmental Budgets will increase from
the previous year due to any cost -of- living salary adjustments and any merit and longevity
increases scheduled in 2003 -2004.
4/25/03
C: \My Documents \staffing plan 03.wpd Page 1 Of 5
POSITION PAPER
Board Meeting Date: May 8, 2003
Subject: APPROVE STAFFING PLAN FISCAL YEAR 2003 -2004
Discussions were held with the Presidents of both bargaining units. Attached is a
response from Local One. All of the positions listed in their request are being considered
as part of the M.O.U. meet and confer, grievance (in one instance), or reclassification
procedures. MS /CG has asked the District to take a more comprehensive review of the
salaries for the affected positions in Safety and Risk Management. Both parties
acknowledge that the roles and responsibilities of the Safety and Risk Management staff
will be reviewed in the near term; however, the actions requested in the Staffing Plan
should be approved.
The departmental requests for positions are as follows:
Administrative
1. Delete one Safety and Risk Manager (M -33, $7,016.72 - $8,528.88)
position.
2. Delete one Safety and Risk Management Specialist (S -75, $5,713.76 -
$6,917.72) position and add one Safety and Risk Management
Administrator (S -77, $5,987.64 - $7,254.87) position and adopt the
new job classification description. Reclassify Safety and Risk
Management Specialist Kim Greer to Safety and Risk Management
Administrator.
3. Delete one Senior Building Maintenance Technician (G -65, $4,474.90 -
$5,423.12) position.
4. Change the title on the job classification description of Accounting
Supervisor to Finance Administrator.
5. Modify the salary range for Human Resources Analyst from S -69
($4,951.54 - $5,987.64) to S -72 ($5,318.44 - $6,438.47) and adopt
the revised job classification description.
6. Modify the salary range for Human Resources Assistant from S -60
($3,995.61 - $4,831.39) to S -64 ($4,392.16 - $5,318.44) and adopt
the revised job classification description.
7. Adopt the revised job classification descriptions for Risk Management
Technician and Operations Safety Specialist.
4/25/03
C: \My Documents \staffing plan 03.wpd Page 2 of 5
POSITION PAPER
Board Meeting Date: May 8, 2003
Subject: APPROVE STAFFING PLAN FISCAL YEAR 2003 -2004
Operations
Collection System Operations
None.
Plant Operations
8. Delete one Electrical Technician (G -69, $4,929.58 - $5,960.47) position.
9. Add one Maintenance Planner (G -71, $5,164.71 - $6,253.75) position
and adopt the revised job classification description. Reclassify Electrical
Technician Mark Cavallero to Maintenance Planner.
10. Authorize underfilling one Maintenance Technician III, Mechanical with a
Plant Operator 1 /II, III, or Trainee.
Engineering
11. Delete two Engineering Assistant III (G -69, $4,929.58 - $5,960.47)
positions.
12. Add two Senior Engineering Assistant (G -72, $5,295.16 - $6,410.04)
positions. Reclassify Engineering Assistant III's Alan Siegle and Ricardo
Hernandez to Senior Engineering Assistant.
Secretary of the District
Co-op
None
13. Authorize the hiring of students to fill seven Co -op positions in the Fall
of 2003 and eight Co -op positions in the Spring of 2004.
RECOMMENDED BOARD ACTION:
Approve the Staffing Plan for Fiscal Year 2002 -2003.
4/25/03
CAMy Documents \staffing plan 03.wpd Page 3 of 5
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Public Employees Union, Local One
THE UNION FOR PUBLIC EMPLOYEES
ORGANIZED 1941
Mailing Address: PO Box 222, Martinez, CA 94553 ♦ Union Hall: 5034 Blum Road, Martinez
Phone: (925) 228 -1600 ♦ Toll Free: 1- 800 -585 -0054 ♦ Fax: (925) 228 -1099
www.peul.org ♦ info@peul.org
April 22, 2003
Cathryn Freitas
Human Resources Manager
Contra Costa Sanitary District
5019 Imhoff Place
Martinez, California 94533
Dear Cathryn Freitas,
RECEI ` FF
APR 2 3 2003
CCCSU
HUMAN RESOURCES
In regards to our meeting with you and Randy Musgraves on Monday April 21'
pertaining to the staffing plan for fiscal year 2003 -2004, Local One does not agree with
your plan and is requesting modifications as discussed at our meeting and listed here.
1. Ricardo Hernandez be placed at level S -72 on the salary schedule
2. Molly Mullin be placed at level G -72 on the salary schedule
3. Vehicle Equipment Mechanic position be moved to G -65 on the salary schedule
4. Engineering Technician II be moved to G -64 on the salary schedule
5. Engineering Technician III be moved to G -69 on the salary schedule
6. Household Hazardous waste technician I be moved to G -56 on the salary schedule
7. Household Hazardous waste technician II be moved to G -59 on the salary schedule
8. Management Analyst be moved to G -71 on the salary schedule
9. Secretary III be moved to G -60 on the salary schedule
10. Plant Operator III be moved to G -74 on the salary schedule and the other Plant
Operators maintain their historical difference on the salary schedule
11. Accountant II be moved to G -72 on the salary schedule
If a7 ha any questions please call me.
Carl Doolittle
Business Agent
Public Employees Union Local One
independent Union Labor
LOBOS
Page 5 of 5
Central Contra Costa San..ary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: May 8, 2003 No.: 9.b. HUMAN RESOURCES
Type of Action: ADOPT MEMORANDUM OF UNDERSTANDING
subject: ADOPT MEMORANDUM OF UNDERSTANDING BETWEEN THE DISTRICT
AND THE MANAGEMENT SUPPORT /CONFIDENTIAL GROUP, EFFECTIVE APRIL
18, 2003 THROUGH APRIL 17, 2009
Submitted By: Cathryn R. Freitas, Initiating Dept/Div.: Administration /Human
Human Resources Manager Resources
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
yj�--*7 — - - do@ ad" - -
C. Freitas graves
General
ISSUE: The Boards' Chief Negotiator, Allison Woodall, Esq., and Management
Support/Confidential Group Chief Negotiator Tad Pilecki tentatively agreed to th4
Memorandum of Understanding (M.O.U.) on April 18, 2003. Approval of the M.O.U. by
the Board of Directors is required.
RECOMMENDATION: Adopt the M.O.U. with MS /CG effective April 18, 2003 through
April 17, 2009.
FINANCIAL IMPACTS: The cost of additional salary and benefit adjustments for
negotiated changes in the first year of the agreement is approximately $590,000.
ALTERNATIVES /CONSIDERATIONS: Based on Board direction at the Closed
Session of April 17, 2003, no further alternatives are presented.
BACKGROUND: The M.O.U. between the District and MS /CG will expire on June 17,
2003. Board representatives and the MS /CG bargaining team met and conferred over
a three -week period to discuss changes to the expiring agreement. In a spirit of trust
and cooperation, tentative agreement between the parties was reached on April 18,
2003. Members of the bargaining unit ratified the agreement on April 22, 2003.
Major changes to the M.O.U. are as follows:
• Wages: First year: 4 %. Years 2 and 3: 2 — 5 %. Years 4 through 6: 2 — 6 %.
• Signing Bonus: $1500.
• Salary Survey: Performed Year 2. Results to be considered by Board in Year 3.
• Health Co -Pays: $10 office visit, $10/$15 generic /brand name prescriptions, $50
Emergency Room, $50 ambulance
• Retirement: 2% at age 55 effective July 1, 2003
CAMy Documents\MSCG MOU to lad 03.doc Page 1 of 2
POSITION PAPER
Board Meeting Date: May 8, 2003
Subject: ADOPT MEMORANDUM OF UNDERSTANDING BETWEEN THE DISTRICT
AND THE MANAGEMENT SUPPORT /CONFIDENTIAL GROUP EFFECTIVE APRIL
18, 2003 THROUGH APRIL 17, 2009
• Retiree Medical Benefits: Must be 55 years of age with 10 years of service for
employees hired effective April 18, 2003. Current employees must meet "Rule of
65," where years of service and age equal 65.
• Safety Shoe Allowance: $175
• Cafeteria Plan Increase: $50 per month for non -cash options in the Plan.
• Miscellaneous: Side letter on disciplinary language, administrative leave to be
used by April 17 of each year or forfeited, non - binding internally- conducted
survey of the retirement formula in Year Three, delete requirement requesting
reason for vacation pay -out; lay -offs will be conducted in accordance with
Chapter Four of the District Code, delete sentence in M.O.U. restricting dental
coverage for retiree spouse only, and add registered domestic partner health
coverage.
The MS /CG are to be commended for reaching an agreement early in the meet and
confer process and negotiating in good faith for the benefit of their membership and
the District. The District's negotiating team particularly appreciated MS /CG's
willingness to consider the State's fiscal condition and its potential impact on the
District's ratepayers.
RECOMMENDED BOARD ACTION: Adopt the Memorandum of Understanding
between the District and the MS /CG, effective April 18, 2003 through April 17, 2009.
C:WIy DocumentsWISCG MOU to Bd 03.doc
Page 2 of 2
Central Contra Costa San,.ary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: May 8, 2003 No.: 10.a. REAL PROPERTY
Type of Action: ACCEPT REPORT AND PROVIDE DIRECTION
subject: ACCEPT REPORT AND PROVIDE DIRECTION TO STAFF REGARDING
THE LEASE OF DISTRICT PROPERTY
Submitted By: Initiating Dept /Div.:
Randy Musgraves, Director of Administrative /Safety & Risk Management
Administration
REVIEWED AND RECOMMENDED FOR BOARD ACTION.
K. M/ graves Charles . Ba
General Manag
ISSUE: The District receives a small amount of lease revenue for the Lagiss and
Keiwitt properties. Staff is requesting direction regarding the level of lease income
desired. In addition, the IT property proposal previously discussed with the Board is still
in pre - application phase with the Contra Costa County. The District has not received
any additional information or requests.
RECOMMENDATION: Accept the report and provide staff with direction regarding the
lease of District property.
FINANCIAL IMPACTS: There are no immediate financial impacts, however, additional
revenue could be obtained with increased leasing activity and capital outlay. The
District does not currently have excess reserves that could be used for significant
capital improvements. Funds would be required from debt financing.
ALTERNATIVES /CONSIDERATIONS: The alternatives for the Board to consider are
to continue with grazing leases, pursue leasing proposals that increase lease income
with no or minor financial contribution, fund moderate capital improvements for
improved lease income or provide substantial funding for capital improvements
maximizing lease income.
BACKGROUND: At the April 17, 2003 District Board meeting a request was made to
discuss possible revenue enhancing opportunities through leasing District property.
Staff has received various proposals over the past year regarding the lease of District
property, primarily the Lagiss property, approximately 49 acres, and the Keiwitt
property, approximately 33 acres. The Lagiss property is currently leased for cattle
grazing and the Keiwitt property is leased for horse grazing. This was done to keep the
weeds down and maintain the buffer zone concept. Minimum public access and
exposure exists.
Page 1 of 6
POSITION PAPER
Board Meeting Date: MAY 8, 2003
Subject: ACCEPT REPORT AND PROVIDE DIRECTION TO STAFF REGARDING
THE LEASE OF DISTRICT PROPERTY
The leasing of the Lagiss and Keiwitt properties is significantly impacted by the Board's
interest and concern for balancing the need for a buffer zone from the general public,
increased lease income, maintenance and capital costs, the local community's needs
and concerns, environmental compatibility with the District's mission and the actual use.
Conceptually, the District can substantially increase lease income through land
improvement and capital outlay. The land use would change from animal grazing with
minimal public access to possibly office buildings or construction storage. The attached
table displays the issues in a general manner. Basically, the more capital spent the
greater the lease income. However, environmental impact, community impact and
public access are also increased.
Staff will provide a presentation and discussion addressing these issues as well as
some of the specific proposals the District has received.
As previously discussed, the IT property proposal is still in the pre - application phase
with Contra Costa County. The District has not received any additional information or
requests.
RECOMMENDED BOARD ACTION: Accept the report and provide staff with direction
regarding the leasing of District property.
Page 2 of 6
HAExec AsstUrector of AdmiMproperty leasing position paper.doc
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Lagiss / Keiwitt Property notes:
1. Items 1 -3 are considered to be leasing the whole site to one party. It is expected
that the Lessee would do all the improvements including all required public
improvements. This type of operation can be accomplished within 1 to 2 years.
2. Items 4 -6 are geared to provide more income and have varying grades of
commercial use. Item 4 is intended to be more on the line of green type uses. It
is anticipated that there would be an improved gravel road however, even if these
types of uses are desired I think a fully developed road is recommended. It is
expected there would be multiple tenants using each of the properties.
3. The Winton Jones property that is located on Arnold Industrial Way, visible from
Highway 4, is a 25 -acre parcel that is currently occupied by approximately 10
tenants. The Winton Jones property is being planned for development. This will
dislodge good quality tenants that that have been there for years and will have to
move out of the area since there are not available sites for them. The Lagiss
property is a 48 -acre site and if planned appropriately could handle these tenants
with the ability to service others as well and provide area for a buffer between the
tenants and the residential properties on Blum road. The Winton Jones property
is currently generating $35,000- $40,000 per month. If the Lagiss property were
put to this type of use the income would be more due to the additional acreage.
4. The income projections are based on the district developing the properties as
projected. If the district wants to lease the land on long -term leases similar to
what the Buchanan Airport is doing the investment will be nominal but the income
will also be relative to the financial risk taken by the district.
5. Item five in the spreadsheet I think can be accomplish over a 5 +/- year period,
but income would start in the near future.
6. If category 6 were the selected goal for the district this could be accomplished
over a 10 -year period. I would anticipate that the site could have category 4 and
category 5 uses that would generate income while areas within the total site are
being improved with buildings.
7. An additional source of income could be the filling of the Kewitt site. Since the
elevation is below elevation 21, the site is within the flood plain. The site would
need an average of 4 feet of fill across the site. The current rate to dump a 20
cubic yard truck is $85.00 per load. Simple calculation says the dump fees would
generate 1 to 1.5 million dollars. There are expenses of taking fill, such as
spreading, compaction, soil compaction testing, etc. If this were going to be
done it would be wise to engineer the site for development so the fill is placed
properly so it does not need to be moved a second time. It is fair to assume
these costs could be more than half of the income from the dumping. Needless
to say it would be a very valuable improvement if the site is going to be used to
generate income for the district.
Page 5 of 6
w
0
0 450 900
FEEr
n
x Central Contra Costa Attachment
Sanitary District
VICINITY MAP
KIEWITT AND LAGISS PARCELS
d
Page 6 of 6